Page:The Laws and Acts of Parliament of Scotland.djvu/48

32 9. The Schireffe ſuld cauſe reſtitution to be maid of glides ſpuilied and reft: otherwaies he becummis debtor therefore.

hrough the content and adviſe of the haill Parliament, it was ordained and decreited, quhair onie open and publicke rieſes and ſpoliationes outher of Kirke gudes, or uthers happenis within the Realme, that the partie ſpuilied compleinie to the Schireffe, in quhat Schireffedome the ſpuiliers remainis in, and that the gudes ſpuilied ar receipt in. And that the Schireffe paſſe to the ſpuiliers and receipters of them, and the gudes ſpuilied, and charge them to reſtore againe the ſpoliation, and arreiſt the ſpuuieoures and receipteres of them, and the gudes ſpuilied, to the Law. And gif the ſpuilieoures or receipters diſobeyis the Schireffe ,ſwa that hee may not compell them to reſtore againe the ſpoliation, the Schireffe ſall blaw out on them to the Kingis home as rebelloures, and pronounce them as ſik rebelioures openlie to the Lord Lieutennent. And gif the Schireffes refuſis to doe their office, or be negligent, or partial then the partie ſpuilied ſall compleine to the Kings Lieutennent,of the Schireffe, and the Lieutennent ſall demaine the Schireffe, as the ſpuileoures ſuld have bene demained: and that ſik execution be maid be the Officiares upon them, that again-ſtandis and diſobeyis the Kingis Acts & decreetes given under the Kingis waxe, and decreeted be the Lieu-tennent and the three Eſtaites. And gif ſik treſpaſſures put to the Kingis home, make na reſtitution and fulfilling of the acts, as is before ſaid, within fifteene daies, & findis not ſoverty to underly the law for their diſobeying, that fra thine foorth, thay perſones be notourlie cryed rebelloures to the King be the Officiares. And ſik men ſuld be demained be the actes of fourtie daies, the auld act not againe-ſtanding. And if ony ſik treſpaſſours, rievers or ſpuiliers, of ony mennis gudes put to the Kingis horne, makis not reſtitution within the foreſaid fourtie daies of the gudes ſpuilied, and bindis them not to the law, as is before written, they ſall not be received be na miniſter of the Kings to the Law, quhill before all things they have maid full reſtitution of the ſpoliation.

10. That the Officiares and Lordes of Regalities ſill execute and fulfill this foreſaid act. TEM, It is ordained and decreeted, that this acte ſall be execute and fulfilled be the Officiares, and Lordes of the Regalities within the Realme, with the helpe and ſupplie of the Lord of the Ryall, gif neede be. And gif the Officiares of Regalities fulfillis not this acte, it ſall be lauchfull to the Kingis Schireffe to fulfill it within Regalities. .

THE SIXTH PARLIAMENT O F KING JAMES THE SECOND, Halden at Edinburgh, the eir of God, ane thouſand, foure hundreth, fourtie nine eires.

11. Of letters of caption to be given againſt Curſed perſones.

In The firſt, for the mainteining of the freedome of halie Kirk, It is ordained, that fra the cenſure of halie Kirk be led and uſed upon onie perſon, and it be maide knawin be the Ordinar, the Kingis letters of caption ſall be given, and the auld Law uſed as effeiris. And that the Schireffe and udiers officiars execute the Kingis letteres, and put the perſones that the cenſure of halie Kirk is led upon, in the Kingis waird. And gif the perſones be fugitive, and may not be over-tane be the Schireffe or his Officiares, and they have landes and gudes, thay landes ſall be and their gudes arreiſted and pryſed to the partie, like as for uther debt at certaine mercat dayes, as effeiris. And gif the ſaidis perſones be not over-tane be the ſaid Officiares, and they have noutner landes nor gudes, they ſall be put to the Kingis horne. And this acte till indure till the nixt Parliament. 12. The