Page:The Laws and Acts of Parliament of Scotland.djvu/609

 Aft 38. . 'King CHARLES?/^ II. l65i. ___^___L: S .*& Commiffioners, in the deducing of any fuch procefs, Our Soveraign Lord, with advice of His Euate's; .Declareth, That it fhall be lawful to the faids Juftices, vyhenioever they have any qccafion tc'move anyaftion againil Parties, for commiting any like Fa£t or Riot, to refer the firft Summons. '.to the Parties oaths of verity, faiteeing of other lavvfull probation^ wholieing peribnaliyiummonedby that firft Citation, fhall beholden asconfeft, and Decreet to be prounounced againft him, conform to the Libell and Summons. And if he be not perfonally fummoned by the fir ft Citation, the faids 'Co'mi- miifioners (hall be holdento caufe. Summon him of new again, by a fecond Summons : at his dwelling place; which two Citations fhall be as fufEcient to infer Decreet and Sentence upon the Libell a» gainft him, as if he were apbrehepdcd perfonally. And which Sentence given after the manner and form of probation above- written, His Majejiy, With- advice forefaid, Authorizes and Suftainsas good andiawrull in themfelves. And as concerning thefePerfons of higher degree, the faids Coramilhoners lhall ufe all their power for preventing and flaying of the Riots, commanding the attempters in His Majefiies Name to ceafe,and to find Cauion for keepingof die Peace,and for their compearance before His Mdjefties Council, And if any perfon being charged to find Caution.and refule -it,or delay to do the fame, and in the mean time contraveerieth the laid Charge, by committing of fomc Deed betwixt the time of the Charge and finding qi the Caution, nevertheless he lhall be anfwerable for the pain, from the date of the Charge, likeas it Caution had been then found. The faids Commiflionrs mail put His Mtjefties Act of Parliament to due and full execution againft wil~ iull Beggars and Vagabonds, foiitary and idle Men and Women without C ailing or Trade, lurking in Ale- hpufes, tyed to no certain iervices, repute and holden as Vagabonds ; and againft thofe perions who ate commonly called Egyptians, and they lhall punilh and fine their RefTetters and Setters of houfes to them accordingly, by fuch competent pains as is proper for them to enjoy h. The faids Commiffioners and Juftices of Peace are hereby authorized and impowered, to give order (as they lhall think moft convenient, and with leaft grief to the Subjects) ior mending of all High- • wayes and PalTages, to or from any Mercat-town or Sea-port within that Shire, and ihallcaii beiore them aii fuch perfons as fhall ftrait theie PafTages (or otherwayes by calling of Ditches or Fuliiei through the fame) fhall make thefe High-wayes noifome and troublefqme untojpaffengersi ahdfhall punifh and fine them according to the quality of thier offence. And to the effect it maybe known of what breadth all common High-wayes fhou Id be to Mefcat-towns, Our Soveraign Lord , With advice forefaid, Declareth, That the fame mould be of twenty foot of meafure in breadth at the leaft, and where any are of larger breadth, they Ordain the fame fo to remain Unaltered or ftraitned, and that the faids Juftices maintain the fame, with all other Wayes from any Town in the Paroch icr the Paroch Churches, in the eftate as they are : And where they find, any neceility of other .Wayes from any Town in the Paroch to Paroch Churches, they fliaU inform- His Majefties Secret Council thereof;,- who fhall give them ( after fufficient information ) their direfrfoh thereaheht ; according whereunto;, 1 they fhall be holden to proceed. And if any perfon refufc to coucur for mending of High-wayes and" Paffages, the faids Juftices fhaii have power to cenfure and punifh them according to their difcretionj With provifion al wayes, that if in their proceedings therein, they ufe fuch feverity or rigcurasmay move juft complaints againft them, they fhall be cenfured therefore by His Majdfics Secret Council as apperraineth. ... The faids Juftices fhall put His Majefties AcLs of Parliament to execution, againft Cutters and De=r llroyers of Planting, Green-WooH, Orchards, Gardens, Haynings, Breakers of Dove-houies and Cun= ninghares, Stealers of Bees and Bee-hives, ufers of unlawfull Games with Setting Dogs, Skyers of red and black Fifhes and Smolts, in forbidden time, Foulers fouling in other mens Lands, Makers of Moor-' burn and Mofleburn, Setters of Crooes and Nets in Waters and Dames, having, and keeping of CrCoesr [and Yairsin forbidden time, and fhall proceed againft them accordingly. And for their better waiv jrand to proceed in the premifles, it is His Highneffe pleafiire, tbarCcnirmilxnsbe granted tc the faids- Juftices of Peace, to try and puniih the violators of the faids Aclrs; in the tryai whereof they ihalF jproceed by witnefles, or by oath of Party; and the punifhmtnt to be inmSted by them, fhali. bear tpecunialfum, anfwerable to the circumftance of the offence, and quality of the offenders; with fpecial I provifion, that their Cenfurcs and Punifhments lhall extend againft none; but thole againft whom by priviledge of thek Inftructions they may lawfully proceed. And alfp with provifion, that the faids Commiftions be not extended to any perfons, who fhall beari-efted and cohveened for the faids crimes,* I Article, fhall no wayes be prejudicial to any other -Commiflions, or Rights whatlbever , granted tp other parties, whereby they have pewer to proceed and cenfure the crimes and offences above- IwriKen. r "
 * before any other ordinary Judge. It is alio provided, that the ordinance and power contained in this