Page:The Laws and Acts of Parliament of Scotland.djvu/424

 4 oi KING JAMES THE S E X T whilk be inveterat cuftonie was almaift become natural! to many of the inhabitants thereof, and to reduce them to the knawledge, love and feare of God, reverence of his Majefties authorise , obedience of his lawes and duetie to their Neighbours ; for accompliihing of that maift Royai defign e, made chufe of ane to be Com- miflioner in th'efe bounds, whom by many aflured prufcs in former imployments of greateft confequence, his Majeftie knew to be indued with all qualities neceffarie for fa weigtie a charge ; wha following preceiflie the rules of his Majefties maift prudent directions, and ufing all poffibie diligence and dexteritie in profecu- tion thereof, made fa happie progrefle in that good courfe, as juftlie punifhing the maift perverfed and rebel- lious ring-leaders (whaisamendementwasdeiperate) and tranfporting others of them forth of this Ifle, the reft were brought to very fetled quyetncs and obedience of his Majefties lawes, a very few number of out- lawes onely excepted, wha being fa eameftlie fearched and perfued in thefe bounds , as all hope of efcaping and langer impunitie was taken from them ; they have by maift fubtiie and craftie means by changing their names, and difiembling the place of their nativitie , convoyed .themleives in the in-countries of this Realme, and infmuated themfelves in fervice with Noble-men and others of good qualitie, notonly therby efchewing their dderved punifhment, but alfo abufing and harming his Majefties good fubjedts by their darned ftouths in the in-country tranfported, refet and quyetlie fold in the bounds of the late Borders. And again Healing geir forth thereof and out of the bounds of thefe mid dle-ihyres, and cutting and felling the fame in the in- countries. Befides that, others of the faids out-lawes have bene allured and had refet and overfight in the in- countries by fome men of rank and power to be inftruments and executors of fik revenge and mifchiefagainft thefe to whom they beare malice, grudge or quarrel! ; whilk for fear of his Majefties lawes and authority they durft not attempt by themfelves. For femeed whereof, his Majeftie with advyce and confent of the Eftaites of Parliament, ftatutes and ordeins that na man ihall hereafter either receave or retefn any man borne or lang habituate in the late Borders in his fervice or company, or upon his lands unleile he have certaine knawledge or a true and authentick teftimonial of his Majefties great Commiffioner of the late Borders or his deputes, ofrhefaid Border- mans true name and furname, place of his nativitie and report ofhistrueth and lawtie, and that he is no knavvne malcfattor , but reput a duetifull and obedient fubjeft , under the pai ne to incur the danger ., and to be made anfwerable civilie and criminaliie to his Majeftie and ail his lawfull iubjecfts for all actions and crimes whilk might be any wyfe laid to the charge of the faids broken-men, foranycaufe or occafion either preceding or during the tyme oi their receaving or retaining them in their fervice, companie or upon their lands, as if the refetter had committed the faids faults himfelfe. As lykwyfe, becaufe fome Teftinw- wha are not knawn to have committed any haynous offence in their awne perfon obteining teftimonial of their sttds ufed name ; birth and good report, may give the fame to broken-men to be ufed by them in places where they are ^ he ' not knawn. It isTUtute and ordained that whafoever ihall either give his teftimonial to any man, whereby it may be abufed by another nor him to whom it was truelie granted ; or wha mail falflie ufe another mans teftimonial, or wha ihall fordge to himfelfe or ufe a falfe teftimonial in the premiiks, ihall be puniihed to the death. And to the effeft his Majefties t'aithfull and obedient fubjecl s may have the better knawledge of the faids fugitives and broken men, and that fik as refet them may want all pretext and excufe of ignorance , It jiw Roll is ftatute and ordeined that a Roll ihall be made by his Majefties great Commiffioner of the middle ihyres, of frgui- conteining the names of the faids rebels, fugitives , out-lawes and broken men, with the maift notour and evi- w ' dent marks and defcription of their age, ftature , colour and other tokens whereby they may be maift eafily and readily knawn. And being imprinted ihall be fent to the Schirefsand Magiftrates of the in-countries, and proclamed at the market Crofles of the head Burrowes of the ihyres, and ether places needful!. And thereafter be publictlie affixed upon the faids Croiles or Toibuiths of the faids Burrowes. After whilk publi- cation, It is ftatute that the contraveiners of this Aft or any head or artkkle of the fame ihall be rigorouflie puniihed in their perfons and goods in maner forefaid. ii. i^ici in favours of the Lords of SeJJion of ten thonfand pounds to be given to them jiear/ie. OUR SOVERAIGNE LORD, and Eftaites of Parliament, having for juft and neceiTare refoefts concerning the prefervation of this Eftate and cheefe members thereof, reftored the Biihops, being now the onely remanent of the Kirk Eftate having vote in Parliament, to their livings, jurifdi&ions and place. And finding by experience that they will be altogether unhabile worthelie to difcharge their dueties in that honourable ranke, unleile they be provyded of fufheient maintenance, not onely for bearing the privat charges of their families, but alfo to fuftein the great burdings oi their waightie imployments at Parliaments, conventions, and other public't affairs concerning his Majefties fervice and general weail of the Countrie ; lies earneftliedelt with the Lords of his Majefties Counceli and Seifion, to confent that the Quotes of the haill Teftaments within this Kingdome, whilks did juftlie pertein to the faids Seihon be lawfull gifts and difpofi- tions thereof, granted to them by his Majeftie and his prediccflburs , and ratified in Parliament, might be difponed to the faids Biihops , every ane of them within their awne Diocies , and be pofiefted by them in tyme comming. Wherein the faids Lords of Seilion preferring their affection and zeale every way to grant Satis- faction to his Majeftie, to their awne proflte and prefent furetie , lies maift humblie yeelded ■ And his Ma- jeftie being alwyfe of minde and intention to remunerat his faids f aithfu!l,truftie and obedient Counfeliers and their fucceffours for their willing obedience to this his Majefties defire, in dirmffion and renounciation of the faid