Page:The Laws and Acts of Parliament of Scotland.djvu/363

 FOVRTENTH T ARLIAMENT. VIII. of Junij. i m. " 34I 219. Anent flauchter, and troubling of parties inperfute , anddefenfe of their axioms. OUR SOVERAINE LORD, having confideration of the manifauld opprefliones done within thisRealme, and for the maifi parte occurring betuixt parties contending in Juftice, be proud and undantonedbraggers,boaftersandopprefIoures' : And underftanding that there was ane acl:e of Parliament, maid of lang time by-pad ; Firft in the daies of umquhill CMarie, Queene Dawager, his Hieneffe Gud-dame,' of worthie memorie, quhilk wes onelie Temporall , for the fpace of three zeires nixt following ■ and approver! be his tiieneiTe in his Parliament halden at Edinburgh, in the Moneth otCWaij , ane thoufancl, five hundredi, fourfcore four zeires ; quhairby it was found and declared , that if ony perfon , ather perfewer or defender^ fuld happen to flaie or wound to the effufion of bloud , or utherwaies to invade ane of them ane uther in ony forte quhair-upon they micht be criminallie accufed, after the raifing of the fummondes and precepts , and lauchfull execution thereof, or in ony time before the compleit execution to be recovered there-upon :' The committer of the flauchter, bloud or invafion, in maner forefaid; or being airt, pairt, red or counfell thereof; gifit be the defender, he fall be condemned at the inftance of the perfewer, gif he be on life ; or in-cafeofhisdeceafe, the neareft of hiskinne, quha is flaine, without ony probation of the libell , except fummar cognition to be taneofthe flauchter, bloud-flied or invafion, before the Juftice, or ony uther Judge competent thereto. And gif the perfewer flayis, woundis or invadis the defender, as faid is : or be airt,pairt, red, or counfell thereof, cognition being tane, in-cafe the defender be on live, or in-cafe of his deceafe, the neareft of the kinne, fall have abfolvitourfra the perfewers libelL And gif the flayer, fhedder of bloud, or invader, as faid is, hes landes or life-rentes , and beis denunced rebel! , and put to the home, fornone- .findingoffoverty, ornone-compearance, to underly the Law for the faid flauchter, bloud-ibed, or inva- fion: In that cafe, the flayer, fhedder of bloud, or in-vader, incontinent after the denunciation, fall tine the benefite of his life-rent, of quhat-fum-ever his landes, offices or commodities, as in the faidis aclesand ftatutes maid there-upon, at^tiir length is conteined. Quhilk laft ad was alfo temporall, to induce for the fpace of feven zeires^ Andnowitbeingknawento his Hienefle, and the faidis Eftaites, how neceffar the famin is, to be ahvaies obferved and keeped in continual obfervance , as ane univerfall law in all time cumming, for repreffing of the faidis invafiones: Therefore his Hienefle, withadvifcofche Fftaires, and haill bodie of this prefent Parliament, ratifies , apprievis , and affirmis baith the faidis firft and fecond adtes, with the haill poyntes, at tickles, and conditiones conteined there-intill , And ordainis die fame to ftand as ane perpetual Law in all time cumming. 220. For pinifbment of 'Parricide. OUR SOVERAINE LORDE, and Eftaites of this prefent Parliament, underftanding the ab- hominable and odious crueltie, that hes bene at fum-times heretofore ufed within this Kealme , be Children againft their Parentes, in murthering of them , and takand of their lives maift unnaturally ; Hes therefore ftatute and ordained, that quhat-fum-ever he be, that hes flaine, or fall hereafter flaie, his Father or Mother, Gud-fchir, or Gud-dame, and hes bene alreadie , or fall be hereafter convict be ane affile: The committers of the faid crime, and his pofteritie in linea recta, fall be dilheriihed in all time hereafter, fra their landes, heritages , tackes , pofleffiones : And the famin fall apperteine to the nixt collateral and neareft of bloud , quha utherwife micht fucceede failzieng of the richt line. 221 . Anent the certaine time ofLentron, fbaring ofzoungflejh in thefpring, and breakers <?f Lentron, and uther dayes forbidden to eateflefh. OUR Soveraine Lorde, and his Eftaites in this prefent Parliament, in refpectofthe great dearth and fcarcitieof all kinde of fleflies, ftatutis and ordainis , that in all time cumming, the time of Lentron fall be certaine, fra the firft daie oiMarche inclufive, to the firft daie oiMaij exc lit five : And that na Lambes, nor zoung Vealles within zeir aukles, be flaine , or eaten before Whit jundate zcirlie , under the paines follow- ing. Andals, ratifies, apprievis, and confirmis the acfes of Parliament maid 01 before againft the eaters of iflefli in Lentron, or on the Wednifdaie, Fridaie, or Setterdaie, in everie oulke, except the penaltie ap- jointed in the faidis aftes, againft the contraveeners thereof: Quhilk our Soveraine Lord, and Eftaites fore- "aidis, cadis, annullis, and haldis that poynt of the fame as deleit, und refervis the faid penaltie as followis , to he efFecl: the fame may be the better execute : That is to fay , quhafoever fall be tryed to have contravened he fame , for the firit fault fall be adjudged in the fumme of ten pundes money , for the fecond , in the fumme of twentie poundes : and for the thrid , in the fumme of tourtie poundes. And fo ordainis the paine Co be multiplied , according to the contempt , and oft contraveening of die faidis AcT:es : And that the fame may take the better effecl: : Our Soveraine Lorde , and Eftaites forefaidis , ordainis , that within Bur- fowes, his Hienefle Thefaurer nominate ane fufficient perfon, and that everie Burgh nominate ane uther, buha fall have power to try, fearch, and feeke quhat-fum-ever perfones contraveeners of this prefent act : And perfew them before the Juftice general , or his Deputes , monethlie for the fame. And in-cafe of
 * onviction of ony perfon or perfons, ordainis the ane halfe of the penaltie to apperteine to our Soveraine

Lord, and the uther halfe to the Burgh , quhair the conviction fall happen, to be employed be them as B b b they