Page:The Laws and Acts of Parliament of Scotland.djvu/645

 King C R A JR. L E S .the II. 75 - O VI. i_Act for fnppresfing of Theft, Robberies and Depredations. UR SOVERAIGNE LORD confidering, That notwithstanding the many laudable Laws made by His Royal Progenitors, for fuppreffing of Theft, Robberies > Depredations , &c. Yerfome infolentperfons have of late, and daily do commit feveral Out- rages, Thefts and Robberies upon the per- fons and goods of divers of His Majefties faithful Subjects, to the difhonour of Religion, contempt of His Majefties Authority, and reproach of the Nation. And His Majefty being molt willing to remedy thefe in- folencies for the future, that fo all His good Subjects may find the fruit and effect of His happy Reftauration, in the fafe protection of their perfons, and fecure pofTeffion of their goods ; Doth therefore , with advice and confent of His Eftates ot Parliament, Statute and Ordain , That whenfoeverany Oppresfions , Herifhios , Reifs, Sornings, Thefts, Robberies or Depredations lhall happen to be committed within any part of this Kingdom, by whatfoever perfon or perfons ; the owner of the Goods away-taken ihallimmediatly after the ■ way-taking of the fame, byhimfelforfome inhisname, give intimation thereof to the Sheriff oi the Shire or his Deputes, or any of the juftices of Peace or Conftables within the Paroch out of which the Goods are taken, as can be moft conveniently had ; and which Sheriff, JufticeofPeaceorConftable, fliall immediat- ly upon intimation forefaid, under the pain of being lyable in the reftitution of the Goods away-taken, or paimentofthe value thereof, command and require all fenfible perfons within the faid Paroch, to concur and go along with them in the purfute of the faid Goods and Way-takers thereof; and which perfons are hereby obliged to obey under the pain forefaid. And in cafe it lhall happen the faids Theevs or Robbers, to pafs through or reft in any other Paroch where the Juftices of Peace, Conftables, Heretors , Wodfetters and Fewers within the fame are able to ftop and oppofe the Carrying away of the faids Goods, then and in that eafe the faids Juftices of Peace, Conftables , Heretors , Wodfetters and Fewers , fhall be themfelves, tennants and fervants , and fuch as they can command , make opposition , and fefze upon the Goods and Drivers thereof; and lhall be obliged upon complaint made to- the Sheriff or his Deputes, or any of the (aids Juftices of Peace, by the owners of the faids Goods or any having power from the owner for that effect, to reftore the faids Goods within fifteen dayes after the requiring there- of, and deliver or fecure the Drivers and Way-takers thereof, that they may underly the Law. And in-cafe the committers of the forefaid crime be fo numerous and powerful that they cannot be ftopt and mattered by the inhabitants of the faid Paroch, then the faids whole fenfible inhabitants fhall be obliged, under the pain forefaid , to rife in Arms and follow and purfue them , and require all the fenfible perfons in any other Pa- roch they fhall happen to pafs through to joyn with them (and which perfons fhall be obliged to do thefame, under the pain of being lyable for the Goods or value thereof, as faid is) in the profecution and recovery of the faids Goods , that fo the Goods may be reftored to the right owners , and the Depredators punifhed ac- cording to Law. It is likewife Statute and Ordained , That if the purfuer of the Goods fliall not be able , af- ter all his utmoft endeavours, with concurrence aforefaid, to recover the faids Goods and apprehend the Way-takers thereof, then and in that cafe the refpeclive Heritors , Woafetters and Fewers within the Paroch wherein the Goods fhall be found to have been difpofed of or fparpelled, fhall be lyable for the value of the faids Goods according to their feveral intereits And further it is Statute and Ordained , That in cafe it fhall happen the parties whofe Goods lhall be taken away , or thofe that are obliged to rife with them in manner forefaid, to flay, hurt otmutilat in the faid purfute, any of the Way-takers thereof or their aflbciats ; yet notvvithfianding they fhall never be drawn in queftion, nor lyable in any purfute , Civil or Criminal , for the faid flaughter, mutilation or other hurt , but are hereby as freely remitted as if they had our Soveraign Lords fpecial Commiffion for that effect. And for the better fuppresfing of the forefaids Thefts, Robberies and Depredations, and punifhingofthe perfons committers thereof, the Sheriffs in the refpertive Shires and their Deputes, are hereby ftrictly required to put in execution the power allowed to them by the former Acts and Laws of the Nation, for punuing and apprehending Robbers and Theeves , with all other perfons who have no certain refidence nor known way of liveiyhood, and that under the pains contained in the fore- faid Acts reflective. And for defraying of the faids Sheriffs and their Deputes their charges, and rewarding their pains, the Lands, Goods and Geer of the faids Iheevcs and Robbers and their Refletters, and the Reffetters of fuch perfons as have no certain refidence nor, known way of lively-hood, as faid is, fliall be made ufe of and im ployed, at leaft , fo much thereof as the Lords of His Majefties Privy Council fhall think fit upon confideration of the cafe. And further it is Statute and Ordained, That the In-bringer of every Robber and Theef, after he is out- lawed and denunced Fugitive, fhall have two hundred pounds Scots for every Theef and Robber fo appre- hended and brought in : And all Sheriffs of Counties and their Deputes, Magiftrates of Burghs and Juftices of Peace are hereby required to receave the faid Theefor Robber off their hands without delay, giving the In-bringer of the faid Theefor Robber a receipt thereof under his or their hands : To the end ; he may repair to His Maiefties Secret Council, and receive the reward afore-mentioned. K x Aft