Page:The Laws and Acts of Parliament of Scotland.djvu/446

 414 KING JAMES THE S E X T tion) their direction thereanent : according whereunto they fhall be holden to proceed. And if any perfon refufe to concur for mending ofhigh-wayes and paflages, the faid Juftices iliall have power to ceniure and punifh them according to tlieir diicretion : with provifion alwayes, that if in their proceedings therein , they ufefuchfeveritie or rigour, as may move juft complaints againft them ; theyfhallbe cenfured therefore by his Majefiies Secret Councel , as appertained!. IX. ' He faids Commiffioners iliall put his Majcfties A&s of Parlirment to Execution, againft cutters and deftroyers oi Planting , Green-wood, Orchards, Yeards, Haynings. breakers of Dove-houfes and Coningers, Stealers of Bees and Bee-hyves, ufers of unlawful games with lying dogs, flayers of. red and black fifh and fmolts in forbidden time , Fowlers fowling in other mens lands, makers of moore-burne and ;; mofie-burne, fetters of craves or nets in waters and dammes , having and keeping of craves and yares in for- bidden time: and iliall proceed againft them accordingly : And for their better warrand to proceed in the premifles, IT is his Highnes pleaiurc,that commiffion lhall be granted to the faids Juftices of Peace, to try ; and puniili the violaters of the faids Acls, in the tryal whereof they ihall proceed by witneiies , by Oath of partie , and the puniihment to be infiidted by them , iliall be a pecunial fumme , anfwerable to the circumftance of the offenfe, and the qualitie of the offender: with fpecial provifion, that their cenfures and puniihment iliall extend againft none but thofe againft whom by the priviledge of their inftrudions they may lawfully proceed, and aifo with provifion that the faid commiffions be not extended to any perfons who iliall be ar- refted and conveined for the faids crimes before any other ordinary Judges. It is alio provided, that the or- dinance and power contained in this Article, iliall no wayes be prejudicial to any other commiffions or rights : whatfoever, granted to others parties, whereby they have power to proceed and cenfure the crimes and I offenecs above-written. X. ITEM, they iliall informe the Kings Majefties Councel, andhisHighneffeThefaurer or Advocate, at the leaft once every yeare , of fore-itallers or regraters of Markets, that order may be taken with them con* forme to the A els of Parliament. XI. IT iliall not be licenced to any Hoftler to recept any mafter-lefie men and Rebels at the Home, any vaga- bounds, or other perfons guilty of knowne crimes, oruiing ftouth and reafe, under thepaines under- written, To wit , lourty millings to be incurred by them for the firft fault , foure pounds for the fecond , and ten marks for the third, together with the losfingoi the libertie of Brewing, the incurrers of the which pains, iliall be puniilied according to the order aforefaid, by the Barons and Mafters of the ground where- upon the Hoftler dwelleth, within the fpace oi fifteen dayes after the committing of the facl:. And if the: faids Barons and Heretours neglecl to do the fame within the faid fpace, it ihall be lawful to the faids Juftices to purfue and fyne the Delinquents in their Courts, according to the paines forefaid , and to uplift the fame from them : without prejudice alwayes of whatfoever others Ads made againft the faid Hoftlers in the Barons Court-bookes under whom they dwell, bearing any higher pain than as is fet down in this above- written AcT: ; and alfo without prejudice ofallaclion criminal or civil, competent of the Law, againft the faid Hoftlers * in cafe they be under the danger thereof, which ihall not be taken away by any puniihment fet downe, and to be inflifted, conforme to this Aft. XII. ITEM, They iliall informe the Kings Thefaurer and Advocate, of breakers and contraveiners of the Acls of Parliament made againft Malt-makers, that the tranfgreffours and contraveiners thereof may be pu- niilied, conforme to the tennour of the faids Ads. XIII. Hey iliall fet down order in the Countrey for governance in time of Plague, and iliall puniih feverely the difobeyers of the order appointed by them, according to the quality of the delict. XIV. THey iliall appoint at their Quarter-Seffions, to be kept in Auguft and February, the ordinare hyre and wages of Labourers, Workmen and Servants , and who ihall refufe to fetve upon the price fet down by them, iliall be imprifoned , and further puniilied at their difcretion. And to the effect, that fervants may be the more willing to obey the ordinances to be made by the faids Juftices and the faids fees, the faids Juftices ihall have power to difcerne, and compel the Mafters to make payment of the fees ap- pointed by their ordinance, in-cafe the Servants pleafe rather to purfue for the fame before them than any other Judge. XV. H E faids Commiffioners iliall take notice in all Scherrifdomes where there are any Geailles and Prifon- houfes within any Burgh, that the fame may be kept up , and not fuffered to decay or become ruinous. And T T