Page:The Laws and Acts of Parliament of Scotland.djvu/608

 Tbr fir ft- -Parliament of Act 38. Followeth the Oath Te fideli adminiftratione. f As one of the CommiJJJoners and J lift ices of Teace, within fires, according to my know. ledge, wit and fewer, ft jail 'do 'equal Right both to rich and foor, cor.form.to the LawSi Statutes andCuftoms of the Land-, and that 1 fhall not be pf Council with any^crfontn any quarrel or matter defending before me; and that 1 JhaU every Quarter kecj> the Sejjlons, or oftner, aslftjall be required, iwt having any juft impediment in the conirair, and ftja 11 faithfully and truly dijeharge my duty as a Juftice of His iyizitifres "Peace, and foall leave nothing undone that may tend to the preservation of the fame : So help me GOT). The Juftices of Peace, in each respective Shire, fhall meet and conveen together, four times in die year, viz. On the fkli Tuefday of May, I the "full: Tuefday of Auguft, the iaftTtieiday of October > and the firfl Tuefday of March. In which Seiiions, they ihall adnimiftrate juftice to the people in things that are within their Jurifdi&ion, and puniih the guilty, for Faults and Crimes done and Com- mittedin the proceeding Quarter : and by mutual and conjunct advice, make and rte£tifse Ordinances fbr the Fees of Servants, Shearers in Harveft and other Labouring men, appoint Prices for ail Handy. crafts, elect or continue Cpnftables Or other Officers, and difpoieof the Fines and Mulcts for Pairneni of the conftables, Clerks and other Officers Fees, and implpy the remnant on iuch necefFary and -pious ufes, aj they fhall find nioft expedient; and fliall have povyer to continue the fakl Seffions, 01 to ^adjourn the fame to fuch dayes and place as fhall be molt convenient. And one Juftice ffaall have power upon complaint of 'any perfon, being threatned and fearing te "be wronged, to bind the party complained upon, under iu'ch a pecunial fum to keep the Peace, as he fhall think™ fitting: As alfo to commit Trim until Surety be found by him, the faid Container aiwaye! giving Iiis oath before the Juftice, that he hath juft caufe to dread him harm. And albeit no peribf
 * complain;- s yet if the Juftice be credibly informed of appearance of trouble betwixt any parties, hf

ihall bind them to the peace in manner forefaid, except the parties, declare upon, their confeiences that neither of them bear any grudge to other.? And all iuch Bonds Ihall be kept and Recorded by him, and be fhall make delivery of the fame to the Clerk of the Peace at the next Seiiions, to be kept and regiftrate by him. If any perfon being charged to make his appearance before a, Juftice pf Peace, fhall refufe or de< lay without caufe, if the party be a Landed Gentleman, whole Rents exceed teiichaiders ol victual, or one thoufand Merks pf fiiyer, then the Juftice (whole command is contemned) fhall inform tk fame to fome of His Majefties Privy Council, to the effect, the party of the quality foreiaid may be called and fined for his difobedience; and if the duobeyer be of a meaner degree, rhejuitia of Peace ihall hereby have power to command the next Conflabiej or in abfence of a Conftabie, his own fervant,. or any other perfon havinga Warrand in. writ fub icr.ibed by the faid Juftice of Peace; with aififtanee of the Country; to bring any iuch party before him. If either the SherifFor Baily fhall condemn any perfon in Blood>wyt: or ptherwayes convict him in anjy pain proper for him to impofe, the Juftice ihall have no power pf new to fine that Offender fori that offence; but if they Ihall find him not condignly punifhed, in regard of the offence committed 1 by him, they ihall then inform His Majefties Council thereof, that they may take order therewith! and if there be no fatisfacticn made by the Sheriff or Baily to the Party offended, the Juftices may j modifie a reafonable fatisfadtion to the Party offended, he punuing therefore before them: And if I they find the iatisiaction decerned by the SherifFor Baily,, in iavours of. the faid party offended, not condign, nor aniwerable to the offence and wrong fuftained,. then they fhall alfo inform His Majeftie s ] Council thereof, that they they may take order therewith as appertained!. M either Sheriff or Baily or their Deputes, by collufion with the Deliquent, fhall fuffer any perfon guilty, to be quitted or cleared by anAffcze, the. Party once declared, is not to be brought further in j queftion before the Juftices, but upon their information, the Judges are to be called, ceniured and feverely pumlhed by His Majefties Council. 1 he faids Juftices fhall hereby have power to proceed upon all perfons committing Riots, and breaking the Kings Peace under the degree of Noblemen, Prelats, Counccllfflrs and Senators of the Colledge of Juiiice, and to punifb and fine according to the quality oithe Crime,. ancItheEflate oithe Offender. And if any of the faids perfons, being. Charged to compear before the faids Juftices, fhall diiobey, the Summons being indorfed, thelawiull Citation verified, and Fact proven, the j nil ices fhall pumih and fine the not compearing, according to the .quality of the Crime and Lftate of the Offender, And for the more clear determination of the order which fhall be kept by the faids CernmilTiQners