Page:The Laws and Acts of Parliament of Scotland.djvu/396

 374 KING JAMES THE S E X T occafion to breed farther trouble, every partie fhall come to the town accompanied ailanerlie with twentie foure perfons, where both they and their companie fhall keepe their ludging to the houre of caufe. At the whilk, firft the ane and then the other fliall be broght out by the town in Amies accompanied from their ludging to the Bar with the number prefcry ved to their rank by act of Parliament. The contraveiner whereof, if he be perfewer, fhall tyne his perfute in tyme comming: and if he be defender, he fhall be denounced rebell as prefumed guikie, and refufing laufull tryell. And for flaying of all deadly feads in tyme comming where there is no canfe nor quarrell given as yet, it fhall not be lawful! to the perfewer to invade, perfew, beare fead or quarrel againft any friend of the offender, innocent and not accufed and convict of the cryme , under the paine of tynfell of his action and perfute againft the guikie, & to be compelled to fubmit with the offenders felfe. Referring alwyfe to his Majeftie his action againft him for the cryme. Lyke as the friends of the guikie perfon being convict and fugitive from the Law, fhall not beare quarrel for his perfute be Law, neither maintein, fupplie nor refet him , under the paines conteined in the act againft refetters of fugitives and rebels. And in cafe any of the friends of the guikie perfons refet him in contempt of this prefent act, and others his Heighnes Lawes, the partie grieved affifted with his Heighnes Advocat , fhall onely perfew the refetter by ordour of Law without convocation or fead , grudge or quarrell to be borne againft him therefore otberwyfe ; under the paine of tynfell of his faid lawful! action in all tyme comming. And to this ordour before fpecified, the haill Nobihtie and Eftaites here prefent, have given their approbation and confent , and fworne to con- forme them thereto in all feads whilks fhall fall out in tyme comming. And this prefent act nowyfe to nullitat in fik cafe where the partie offender is denunced rebell, or fliall happen hereafter to be fugitive and put to the home, for flaughter or other odious capital crymes, during the tyme of their rebellion. And to the intent thefe prefent articles may have the better effect, and be the mair willingly embraced by his Majefties haill fubjects,his Heighnes of his proper motive and gracious inclination to Juftice,quyetnes and well of his people, folemnedly declared and faithfully promitted in prefenceofthefaids Eftaites, that for flaughter and other odious crymes to be hereafter commkted, his Heighnes fhail graunt no refpit, remiffion, pardon nor overfight at any tymes hereafter, Albeit the parties tranfact and agree amongft themfelves, till the inveterat and dam- nable cuflomes of the faids heynous crymes be rooted out and altogether fupprelled. Whilks articles above written, in the haiil heads and poynts of the famine , OUR SOVERAIGNE LORD and Eftaites forefaids, prefently conveined, ratifies, approves and confirmes, and ordeines the famine to have the ftrength, force and effect of ane law in all tyme comming. And that letters of publication and executorial pafle here- upon, for the better obfervation hereof in this prefent Parliament. 23. Aft againft ftaughter of JVyld-fowles. FORSAMEIKLE as by common confuetude of all Countries, fpecial prohibition is made to all fort? of perfons to flay wyld-foull, Hair or Vennifon, except fik as by their revenewes may beare the charges and burdings of the Halkes, Hounds and Dogs, requifit in fik paftymes. In refpect the famine as well ties bene created for the recreation of mankinde, as for their fuftentation. Lyke as it is of treuth that by diverfe and fundry acts of Parliament others ftatutes and proclamations made heretofore, all flaying of the faid wyld- foull and beaftes by any indirect meanes, fik as hagbut, girn, net and fowller dogg is fpeciallie forbidden, and diverfe penalties conteined in the famine act. Yet nevenheles, fik ties bene the flacknes of the execution of the famine, that diverfe and fundrie perfons having greater regarde of their gaine and commoditie, whilk they purches by the felling of the faid wyld-foull, to fik perfons wha prefers their awne inordinar appetite and gluttonie, either to the obedience of the faids Lawes , or to the recreation that may be had by the direct flaying of the famine. Hes ufed all the faids indirect meanes in flaying ofihe faids wyld-fowles and beaftes, whereby this Countrie being fo plentifullie furnilhed of before, is become altogether fcarce of fik wakes. For remeed whereof, and that the continuing of the faid abufe may not procure worfe inconvenients, feing in tyme of peace in all tyme bygane, the faids paftymes of hunting and haiking were the onely means and in- ftruments to keepe the haill Leiges bodies fra not becomming altogether effeminat. OUR SOVERAIGNE LORD and Eftaites of Parliament, finding that the difchairgingofthe felling of the faids wyld-fowll and Vennifon fhall procure ane remeed of the abufe forefaid. Have therefore difcharged, lyke as by thefe prefents they difcharge any petfons whatfomever, within this Realme in any wyfe to fell or buy any faftan reid or fallowe Deare, Daes, Raes, Hares, Partridges, Moore-fowles, Black-cokes, Aith-hennes, Ternii- gants, wyld-Dukes , Teilles , Atteilles , Goldings , Mortyms , Schidderems , Skaildraik , Herron* Butter, or any fik kynde of fowlles, commonly ufed to be chafed with Halkes , under the paine of ane hun- dreds pounds to be incurred alfwcll by the buyer as the feller. And in cafe of the inhabilitie of any of the faids perfons to pay the laid fumme, that the apprehender of them fhall caufe them be fcourged thorow the Burgh or Town where they fhall be apprehended. And als difcharges any of the faids Leiges, in any wyfe to flay- any of the wyld-fowll or beaites above fpecified, by girn, net or hagbut, under the paine above fpeci^ fied to be incurred by them. For execution whereof, OUR SOVERAIGNE LORD hes given and graunted power and commifFion to all Schireffes, Stewarts , Baillies , alfwell of Regalities as Royalties,