Page:The Laws and Acts of Parliament of Scotland.djvu/431

 %. XXL "PARLIAMENT. XXIII. of October. i6x±. 409 t_s£ne AcJfor remanding back to his •JMajefties officiars ofjuftice in England of offenders in forne particular crymes in the ^s££i mentioned, who after the committing the offence iu England , jhallbe thereupon fugitive , andremane in this Kingdome. AUR SOVERAIGNE LORD, and Eftaites of Parliament , confidering that albeit the gude ^J effefts of his Majefties cairfuil Providence , to reprefle the innumerable diforders , crymes , and offen- ces , whilks befbir his happie atteining to the Crowne of England, were not only frequent bot almoft ordinare in thefe bounds of the Kingdoms of Scotland, and England, (which then being the borders of the two King- j doms , are now become the middle- fhyres thereof. ) Hes reduced thefe pairtes to fo gude progrefle of peace and obedience,as in fo fhort tyme could hardlie have beine expected. Nevertheles it is founden be experience that alfweel in thefe Shyres, as in divers uthers partes of both Kingdomes fome evill difpofed perfons are im- boldned to attempt and perpcaat many heynous crymes and offences, upon hoipe of impunitie , If after the committing of the fame in one Countrie they may flee and efcaipe to the uther, and not be fend back to the place of their offenfe. The praftize whereof hes made many odious cryms and tranfgrefTions heirtofoir to re- maine unpunifhed to the great contempt of his Majefties authorise, and univerfall greife of all gude fubjefts of both Kingdoms. FOR REMEDE whereof OUR SOVERAIGNE L O R D, with advife and confent of the E- ftaites of Parliaments , Statuts & ordeins, that if at any tyme after the end of this'prefent Seffion of Parliament, any perfone or perfons fliall commit any cry me or offence, within the Realme of England, whilk be the Lawes of the Kingdome of Scotland, are or fhall be declared or ordeined to be pettie treafon, mourther, man-flauch- ter, fellonous burning of houfes and Come, burglarie , robbing of houfes by day , robberie , thift , or rapt , and fliall flie or efcaipe into this Realme of Scotland, and be taken and apprehended within any part of the faid Kingdome of Scotland,boundes and dominions thereof. That then it may and ihall be lawfull to and for the juftice generall and his ordinar Depute, the Shirefs, Stuards, Lords, and Ballyes of Regalities, the Commilfio- tiars of borders or any two of them, in their ordinar Courts, or the Juftices of Peace in their generall and quar- ter Seffions, oranyfoureofthem: upon due and mature examination of the faid offence or offences in open Courts or Seffions and pregnant pvuife of the fam, by warrand under their hands and feales. To remaund and [end all fuch offenders into the Realme o( England, theie to receive their tryell for any of the foirfaids offences,
 * ommitted be them within the faid Realme of England, in maner above mentioned: Notwithftanding any

Law, Ad, or Conftitution, made at any tyme heirtofoir to the contrar. Provyding nevertheles that this Aft or any ciaufe therein conteined, lhall not take effect, force nor execu-
 * ion in any fort. Exceptand Law and Aft of Parliament be made and eflablifed within the Realme of En-

gland, in the firft Seffion of the next Parliament thereof : For Remanding and fending out of the faid Realme ^England into the Realme of Scotland all perfons who lhall at any tyme heirafter commit any of the crymes jr offences forefaids, within the Realme of Scot land, and thereafter flie into England, or any part of the do- ninions of the faid Kingdome, to receive their tryell in due examination and punifhment within the Realme rf Scot land, for everie ane of the faids offences committed be them within the laid Realme of Scotland in ma^ ler before mentioned. 3. Ane Ac~l declaring that in all tyme heirafter, the objecting of Homing for a Civile caufe of the partie ather flaine or mutilat, jhallbe no liberation of the offender from the punifhment DUR SOVERAIGNE LORD, with advife and confent of the Eftates of Parliament : Statuts that if any of his fubjefts be mutilat or flaine being at the home onlie for Civile caufes the Slayer being lerlued or fick as are airt or part of the faids crymes of Siauchter or Mutilation, befoir the Juftice generall his leputs or any uther ordinar Judge : No alledgeance founden upon the partie flaine or mutilat: their being it the home for any civile caufe lhall ather flay procefs or be ane defence to delay procefs or procure impunitie any of the offenders guiltie of the crymes forefaids. And this Aft to have force, effeft and execution, fot fick crymes above fpecified as fliall be heirafter commited allancrlie. fin 4. Ane A6i againft Ravifhers ofWeemen, OUR SOVERAIGNE LORD, with advife and confent of the Eftates of Parliament, Statuts and ordeins that if any being airt or part of Ravilhing ofWeemen, be perfued for that heynous offence Ind defend themfelfes be the fubfequent confent of the woman Ravifhed, or be her declaration that fhee went IVith them ofherawnefrie-wiil and confent (albeit in that cafe the womans declaration of her confent may ' [xeime them from Capitall punifhment.) That if the womans Parents ot neireft kins-folk, or his Majefties 1 kdvocat be able to verifie be determination of the affife, that the faft wes at firft violentlie and forceablie done 1 Igainft the parties will and without their confent. The fubfequent confent or declaration of the partie fliall (lot exeime the offenders from his Majefties arbitrall punifhment of warding their perfons, confifcation of their [;oods, or impofing upon them pecuniall p cenalties at his Maiefties pleafure. Kkk 3 5. Ane
 * due of the Law.