Page:The Laws and Acts of Parliament of Scotland.djvu/310

 ,88 KING JAMES THESE XT and decreete to be given againft them, with the profkes thereof: Sik-likc, and in the fame maner , as micht or fuld have bene criven againft the perfones committers of the deede themfelves : and executorialies to pane thereupon, in forme as effeiris. And als, gifit fall happen the partieharmed.be the perfones committers of fik enormities, to follow and perfevv his awin guddes and gear tane, as faid is, for the recoverie of the fame : and in the reliefe of his awin guddes and geare, to flay, hurt or mutilat, onie of the takers thereof: It is hereby expreffelie declared, ftatute and ordained , that the faid partie harmed , or his affiftares , and complices, fall never be accufable of ony fik flauchter, mutilation, or uther hurt : Bot als freelie remitted and difcharged in that behalf e, as gif he had our SOVERAINE LORDIS fpecial Commiftion to that efFecl. And als ordainis and declaris, that quhat-fum-ever perfones fall happen hereafter, to beare feede for ony fik flauch- ter, hurt, or mutilation, fall be fubjeft to the paines and action abone written : And it fall be lauchfull to the partie harmed, to call and conveene them criminallie or civilie , at his option , for the faidis riefes and op- prelliones, in maner before fpecified. i o i. Cfrlainteiners andreceipters of thieves, fall be anfwerable for their doings. ITEM, Quha bringis onie Scottes or Englijb thiefe in his companie openlie or privatelie, to the Kingis Majefties Court, or Burgh of Edinburgh , or requeiftis for him , to hald him back fra the dew punifhment appoynted be the Law, without licence of the King, his Lieu-tennent or Wardane: Sail be fubjecl: to the aclion Criminal or civill, of him quhom unto the faid thiefe hes offended be thieft, or riefe : Or be compelled for the fame to rcdrefle, as principal thiefe or reivar. And quhat-fum-ever A nglijb thieves, fall cum in onie part of Scotland, without licence of the King, his Lieu-tennent or Wardan, fall be taken and ufed as lauchfull prifoners: And quha-fa-ever wald avow fik thieves to be their prifoners, or brocht in be them upon li- cences, fall nocht keepe them in companie in the Kingis Court or Palice , or in the hie ftreit , quhair his HienefTe, or his Juftice fittis , and remainis , bearand weapons : bot hald them in clofe houfe, fra their cumming, to their departing : under the paine to be repute as favourers , fofterers , and mainteiners of thieves and thieft, and to be punilhed therefore, conforme to the lawes of the Realme. loi. T)ittay faid be taken up anent blak-maill. ITEM, It is ftatute and ordained, that the Juftice Clerk, and his deputes, and the Kingis Commiffioncrs, conftkute to further Juftice , quietnefle and gude rule in all Schires , fall diligentlie inquire and take up Dittay , of the up-rakers and payers of black-maill , and to make rentalles of the quantitie thereof: And to perfew alfweill the takers , as payers thereof, at Juftice aires , or particular diettes , and do Juftice upon them , according to the Lawes , and receive fovertie , under great paines , that they fall abfteine in time cumming. 103. Landis-lordes and uther is , fuld prefnt zeirlie trefpajfours , to the Juftice. ITEM, It is ftatute and ordained , that the Juftice-Clerk , fall twife in the zeir , Viz. At the firft daie oitMarche and September , procure the Kingis Majefties clofe Valentines , to be fent to the Maifters, Landis-lords , Baillies and Chieftaines of all notable limmers and thieves, chargeing to prefent them , outher before his Majefties felf, or before the Juftice, and his deputes , at the day and place to be appoynted , to underly the lawes, conforme to the lawes and generall bande, and under the paines conteined in the fame, and to try quhat obedience, beis fchawin be the perfones, quhom unto the faidis Valentines, fall be directed : And in-cafe of their contempt, be undewtifull anfwere, to put themfelves to the knawledge of an Affife, and mini- fter Juftice upon them, conforme to the Lawes and generall bande. 1 04. It is not lefum to ane Scottes-bordourer, to marie with ane other in England. ITEM, Sen experience declaris, that the mariage of the Kingis Majefties fubjectes, upon the dauchrers of the broken men and thieves oi England, is not only an hinderance to his Majefties fer- viceand obedience: Bot alfwa to the common peace and quietnes, betuixt baith the Realmes: It is there- fore ftatute and ordained, be our Soveraine Lorde, and the three Eftaites of this Parliament : That nane of his fubjeftcs prefume t© take upon hand to marrie with onie Englijh-woman , dwelling in the oppofite Marches, without his Hienes exprefle licence , had and obteined to that effecl: , under the great Seale : under the paine of death, and confifcation of all his guddes moveable: And that this be aipecialpoint of dittay in time cumming. 105". The Wardane fidd put in Bill the names of all Englifli-men, quha occupies p of feffiones in Scotland. ITEM, It is ftatute and ordained, that the Wardanes of the Marches , fore-anent England , take diligen inquifition, quhat JLngliJh-men occupies ony Scottis ground , in pafteurage or tillage : and they bil tli