Page:The Laws and Acts of Parliament of Scotland.djvu/309

 ELLEVENTH "PARLIAMENT. XXIX. of 'July ij8 7 . 287 obedient, fallberemoovedoutofthe/;7-//z//;/, quhair they ar planted, and prefentlie dwellis or haunts , to the parts quhair they were borne : Except their Lands-lordes , quhair they prefently dwell , will become foverty for them, to make them anfvverable to the Law, as the Law-land and obedient men, under the paines conteined in the acts of Parliament. 96. t^Anent the regifler of f> leges , and uther is. ITEM, It is ftatute and ordained, lor furtherance of the quieting of the inobedientS^nsW-rand//^- landes: Thatabuik be maid conteining the names of the pleges, entred, and to be entred for gude rule, andofthehaiilperfones, for quhom they lye, and be qu horn the piegesfuld be relieved: As alfwa that a regifler be maid of the haill Parochiners of the landes, inhabite be thieves and difobedient perfones, in the Hie-landes, and Bordoitrs: The names of the Landis-lordes, and tounes in everie Parochin, and of the haill men, inhabitantes thereof, pail the age of fextene zeires : Qiiha at Landis-lordes , or Baillies of everie land or toun : Or of quhat Clanne , or branch, the faidis inhabitantes ar. And that the name of onie perfon that lies entred on the broken landes, after the remooving of onie uther inobedicnt perfon therefra, be fend to the keeper of the faid regifter , within twelve dayes , nixt after his firft entrie. 9 7 . Vagaboundes fall be charged to finde pleges, and their receivers fall fatisfe the partie. BEcaufe, after all diligence done, alfweill againft the Landis-lordes and Baillies, as againft the Chieftaines and principalles of Clannes, there will be a number of vagaboundes un-pleged , or anfwered for be their Landis-lordes or Baillies : It is ftatute and ordained, that letters fall be directed : Charge- ing all ilk vagaboundes, and un-anfwerable men, be open Proclamation, -at the mercat-croce of the head Burgh of the Schire, quhair they haunt, or head Bixrrowes of the twa nixt Schires in the Law-land, {ubinon patet tutus accejfus) To finde fovertie to underlie the Law, the thrid daye of the nixt Juftice aire, or fooner, upon fif'tene dayes warning , under the paines conteined in the Acts of Parliament. And in-cafe they finde not fovertie within fex dayes , and enters not themfelves, under pleging , to be denunced rebelles and fugitives , and they and their receiptors , to be perfewed thereafter , quhill they be apprehended and pu- nifhed for their demerites : And that the parties skaithed, have competent action, civil or criminal, againft the Magiftrates or uthers , within quhais boundss, jurifdiction or power, fik vagaboundes and fugitives , ar wittinglie receipt, with the guddes itoilen or reft, in their palling, remaining or returning. I 98. Bandes given be the cautioners, oblifois their aires. TEM, It is declared , ftatute and ordained , That all bandes, actes, and obligationes , maid or to be maid , be quhat-fum-ever perfons , for quhat- fum-ever broken men , pleges , or utherwaies received for the gude rule, quietnefie of the Bordoure s and Hie-landes, or onie thing depending thereupon, fall be ex- tended againft the aires and fucceilbures, of their foverties and cautioners : Although fpecial mention be not maid in the Acts, that they oblifhed themfelves, their aires and fuccefloures. 99. "Divers fiireties being maid fall be vailzeable, and the ane floppis not the uther. ITEM, It is declared, ftatute and ordained , that the furetie maid be the Landis-lordes and Baillies, fall not be prejudicial nor ft op the furetie maid be the Chieftaines and principalles of Clannes : Nor be the con- trair , the furetie maid be them to the Landis-lords and Baillies . 100. The maner how guddes taken away, may be repeated. ITEM, It is ftatute and ordained , thatquhen-fo-everonyheirfchippes, oppreffiones , riefes, forninges and thieftes , fall happen to be committed within ony part of this Realme , in the Hie-landes or Bordoures theirof, be onie Captaine of Clanne, or be ony uther Clanned man, againft onie of OUR SO VE- RA IN E LORDIS Leill and trew fubjectes in time cumming : And the guddes fwa tane up, tranfported to onie uther Clanned mannis boundes , received and mainteined therein , or difponed upon: and the fame cum to the knawledge of the partie harmed and damnified, Ordainis him firft to require, or caufe require redrefle thereof, at the chiefe of the Clanne, or Chieftaine of the Cuntrie , quhairin the faidis guddes fall be received or remaine, for die fpace of twelve houres , of his witting , to make redrefle and re- ftitution of the fame guddes, within fiftene daies after he be required thereto : Quhairin gif he failzie , it fall be lefum to the partie harmed , to call , conveene , and perfevv the chiefe captaine , fuperiour and principalles of that Clanne, within quhais boundes the guddes and geare fwa tane , fall be received and fparpalled, and under their protection mainteined; before the Judge ordinar, criminally or civilly, and upon fumcient proofe, to be led be the partie harmed , that the guddes were fauld or difponed upon , with- in fik boundes, be the witting and knawledge of the faid Chieftaine or Superiour , and principalles of the Clanne , they being of power to have refilled the fame : They to be anfwerable for rhe fame guddes , S f 2 and