Page:The Laws and Acts of Parliament of Scotland.djvu/449

 XXII. T ARLIAMERT. XXV III. of June, 1617. 427 AN E NT CONSTABLES. I. g U R SOVERAIGNE LORD, with the advife of his Eftates, findes and declares ,' that r** the Conftables are to be made choife of, by the Commiffioners and Juftices of Peace in their -#j«l Quarter-Seffions throughout the whole Countrey, twoatleaft in every Parochin, or moe, ac- iws>lp3 cording to thdrdifcretions, having confideration of the quantity thereof. In great townes like- wife (not being Cities nor free Burghs) they are to appoint a number of Conftables proportionally to the greatneffe thereof : but in all Burghs Regal, and free Cities, the Conftables are to be chofen by the Magi- flxates of the fame, and they are to indure , and to be changed from fix to fix Moneths. II. AND who lhall retufe to accept the charge, and not to give his Oath for dutiful execution thereof, fliall be imprifoned and fined at the difcretion of the Juftice of Peace, at their next fitting. III. The Conftables ihall take the Oath following. Y0 1) Jhall fwear thatyou jhall faithfully and tritely difchargeyour office ofConftabulary within the Ta- rochinof &c. mduriug the time appointed to you, and Jhall not for favour, refpecl , or fear of any man, forbear e to doe what becommethyou of your office , and above all things you jhall regard the keeping audpreferving of the Kings Majefties Peace , aud jhall at every Quarter-Seffions and meetings of Juftices , give true and due information of any breach , which hes been made of 'his ^JMaje flies Peace, within the bounds ofyourcommandemsnt, and Jhall no way hide , cover, nor cone e ale the fame , nor any of the proof sand evi- dences whichyou can give for the clearing and proving thereof, So help you God. IV. A Conftable may apprehend any (ufpecl: man , who for the moft part fleepeth all the day , and walketh in the night, and carry him to the next Juftice of Peace, tofinde furety for his good behaviour, or otherwife to be committed to pnion: and if he bee a man of quality, the Juftice of Peace iliall go with the Conftable, and do it. Conftables lhall ftay and arreft all Vagabounds, Sturdy-beggers , and Egyptians , and carry them before the next Commiffioners of Peace, who ihall take order for their committing, or punifhment, according to the S:atute of Parliament. % V. Conftables fliall arreft all idle perfons, whom they know to have nomeanes to live upon, and will not take themfelves to any labour, trade , or occupation , and fliall carry them before the Commiffioner of Peace, who after examination , fliall either commit them , or take furety of them for their appearance at the next Seffions. VI. ANY Conftable having apprehended a perlbn guilty and culpable of flauchter, murther, theft, or any other c ? / ral crime whatfocver, fliall then require his neighbours to affift , for fafe convoying of fuch perfons ! to die next Commiffioner, who fliall then examine the party , and fet down his depofition in writing , to bee I ftiown at the next Seffions, and thereafter fliall fend him back to prifon. And if a Nobleman, Prelate , or i finall Baron , or any in their names , having power , fliall acclaime the right of Jurifdicfion to proceed againft the delinquent, The faid Juftice fliall receive furety of the faid party , who required the defender to be de- livered to him, that Juftice fliall be duely miniftred , and caufe delivery of the faid perfon, be made to him. Alwayes the faid CommiiTioner of Peace, at the next Seffions , fliall certifie the whole matter to the Bench : to the e fredt, they may enquire whether Juftice hath accordingly been miniftred : and if any fault be found, to advertife his Majefties Counfel , that order may be taken therewith. VII. A N Y of his Majefties Subjects of the degree of Yeomen, who fliall refufe or delay to concurre with the Conftable in the executing of his office, fliall be imprifoned and punifhed by the Commiffioners and Jufti- ces: and if he be ofan higher degree and quality, the Conftable ihall inform the Juftice thereof, that they may make the Lords of Privy Councel acquaint, whom the Eftates ordaines to cenfure the offender according ito die quality of the fault. VIII. A Conftable fliall arreft any perfon of the degree of a Yeoman, who fliall be found wearing Hagbuts , Pi- ftolets, andDagges, and fliall carry them before a Commiflioner of Peace, who is either to take furety for theirappearar.ee the next Seflion, or commit them prifoners till they do the fame: but if the perfon be of