Page:The Laws and Acts of Parliament of Scotland.djvu/326

 3°4 KING JAMES THE S E X T favoures of fik perfones, quha profefled the trcw Religion ; As the famin is prefentlie profefied within this Realme : And that hes acknawledged our faid Soveraine Lord, and his Hienes authority. And to the effect, that the benefite and commoditie of the faidis actes, be not extended in favour of onie perfon or perfones, quha profeffis not the trew Religion, as the famin is prefentlie profefied within this Realme, and hes not acknawledged our faid Soveraine Lord, and his HienefTe authoritie : Therefore our faid Soveraine Lord , with advife and confent of his faidis Eftaites, and haill bodie of this prefent Parliament, findis , decernis and declaris, that the forefaid aft of Pacification , maid and concluded at 'Perth, and ratified thereafter in Parlia- ment, as faid is : The acte of Abolition, maid at Linlithco-jv, in the Moneth oi'December, ane thoufand, five hundred.!, fourfcore five zeires : And the act maid in the Parliament, halden at Edinburgh, in the Moneth of Julij , 1 587. zeires : Ratifiand the faidis acts, with the haill eikes maid thereto, ar onely extending , and maid in favour of fik perfons, quha profeflls the trew religion , as the famin is prefently profefled within this Realme : and hes acknawledged his Hienes authoritie : And that na perfon nor perfons, quha wer forefalted, conviGtofbarratrie: or quha tint their benefices or penfions, ipfo faBo, may be heard to feek the benefite of the faids acts,or ony of them : or to ufe onie reftif ution, or ratification thereof, before that they profes the trew religion, as the fame is prefentlie profefled within this Realm, and acknawledge our faid Soveraine Lord, and his authoritie: And this act, not onelie to be extended againfl all perfons, quha hes bene forefaulted, convict of barratrie, and tint their benefices ip/ofacJo, at onie time before the dait hereof: Butalfotoall perfones, that fall happen at onie time, hereafter, to be forefaulted, convict of Barratrie, or lauchfullie tine and amit their benefices and penfiones. 114. Anent the dewtis ofSchireffes and Judges or dinar, their deputes and Clerks. FO R Remeid of the great contempt, difordour and wrang , quhilk hes bene in diverfe partes of this Realme, in default of keeping and execution of the gudelawes and actes of Parliament maid of before, be the SchirefFes, and utheris Judges ordinar, their deputes and Cierkes : It is ftatute and ordained , be out Soveraine Lord, with advife of his Eftaites in Parliament : that the faidis SchirefFes and uthers Judges or- dinar, alfweill to burgh, as to land, within regalitie as royal tie , do their exact diligence , to knaw and under- ffand die Lawes of this Realme, and aftes of Parliament , quhairof the execution is committed to their charge : And diat they put the famin in execution without delay, alter the end of this prefent Parliament, fpeciallie in fearching, feeking, following, perfewing , apprehending, committing to waird , and prefenting to Juftice of declared traitoures and rebelles, contemnandlie remaining at the home, and ftandand regiftrate in their awin buikes unrelaxed, or in doing of Juftice, upon diem, gtf they have commiilion to that effect : And gif they cannot apprehend die faidis traitours and rebelles, within the bounds of their awin jurifdiction, to make denunciation to the SchirefFes and Judges ordinar, of the foure halfes about , that fik perfons ar fled within their bounds, requiring them to ufe the like diligence, in fearching and apprehenfion of them : as they will anfwere to his Majeftie, at their perrell , and under the fame paine, that the traitoures or rebelles hes incurred. In inquiring, fearching and apprehending of fornares, oppreflbures, ftrang vagaboundes, andbeg- gares, wandring athort the Realme, on pretenfe that they ar fchip-broken or banifhed for flaughter , or uther odious ofFenfes : Or ar of the diffimulat thiefes and abufers, calling themfelves ^/Egyptians. In execution of Juftice, in all civil caufes belanging to their judgement , without partialitie or needles delayes. In extracting ofProcefies, decreets, and giving of feafinges and retoures, at reafonable prices, without exorbitant extor- fion. In bringing of their court buikes, with the compt of efcheittes, and un-lawes, intrometted with be them zeirlie, to the checker. In making of their Deputes and Cierkes, of men of belt fame , knawledge , under- ftanding and experience, that may and can ufe the office, quha fall be aftricted to bring their regifters, of feafinges, horninges and regiflrationes, to the checker, and his Hienes Thefaurer, as is conteined and ordained in the actes of Parliament, maid there-anent of before. And that the faidis Schireffes and uther ordinar Judges, may die better execute and do their dewtie in the premifles : Our Soveraine Lord, with advife of his Eftaites in this prefent Parliament, ratifies and apprievis all liberties, priviledges, regiflrationes, fees, and commodities, granted to them , their Deputes and Cierkes , be his Hienes, or his Progenitoures of be- fore, they alwaies findand gud fovertie, in his Hienes nixt checker , for difchargeing of their office dewtifullie, and making of their compts zeirlie in the checker, at the diettes appoynted thereto : and that they fall nawaies furFer themfelves to be denunced to the home, in default thereof • But that they fall fend their deputes, ane or maa, and Clerk zeirlie at the firft day of November, to be examinat and admitted , be the Lords of Councell and Seflion, under pecunial paines, at the Lordes modification, to be paied be them, to our Soveraine Lordis ufe, in-cafe of failzie, with certification to them , that git the faid fovertie be not found betuixt and the end of the nixt checker, they fall be denunced rebelles, and put to the home : and thence furdi , all his Hienes. fubjects, within dieir jurifdictions fall be exeemed fra their offices , and jurifdiction : And attour declaris and ordainis all precepts furth of the Chancellarie upon retoures to be paft in the auld maner to the Schireffe, and utheris Judges ordinar, with the claufe, capiendo fecuritatem , un-urgeand the partie with prefent payment, in-cafe the laid fovertie be found, as faid is. xi $. The