Page:The Laws and Acts of Parliament of Scotland.djvu/93

 FOVRTEENTH "PARLIAMENT. Firjf of October. 1 487, " ' 79 '— — — — -"» — — — —, ' ■ - 1 .1'* llauchter , and cummis not inconrinent to the Schireffe to binde him to the Law , and finde fovertie there* fore, after the forme ofthea&es of Parliament maid of before, bot beis fugitive and abfentis him : The Schireffe fall then foorth with, be him or his deputes, fearch and feeke the committer ofthefaidflauchter at his dwelling place, ifhehesony. And if he lies nane , and cannot be perfonally apprehended: Then the Schireffe fall put his gudes under arreift , and pane, or {end his depute to the head Burgh of die Schire, quhair the flauchter is committed, and be open Proclamation at the mercat-croce, warne and charge the flayer, ane or maa , as they be , that they cum to him widiin fex daies nixt after , and finde fovertie to compeir and un- derly the law at a certaine day , under the paines conteined in the a&es of ParUament, maid of before. The quhilkisfexdayesbeandrunnin, and the perfones not eompeirand, and findand fovertie , as faid is: Then the Schireffe incontinent, to put them to the home , and denunce them the Kings rebelles , and take and efcheit their gudes. And make warning to the nixt Schireffe, that fik perfones ar put to the home be him, and charge him in our Soveraine Lordis name to do the famin, or els take and arreift their perfones , gif they may be apprehended, and bring them to the Law. 1 01. Of the keipng of arreift ed trejpaffbures. ITEM, It is thought expedient, ftatute and ordained, forthepunitionandjuftifieingoffiktrefpaflburs as hes bene in times by-gane, after diat they were taken and arreifted be the Crowners, and in default that they could finde na borrowes, nor there was na Caftell to receive and keepe them in , quhill the Juftice Aire, and their-throw efcaiped and was put fra the Law : That therefore in time to cum, quhair onie Crowner ar- reiftis and takis fik trefpaflbures, he fall bring them to die Schireffe of die Schire, quhilk Schireffe fall receive them, and keepe them in furetie and firmance on OUR SOVERAINE LORDIS expenfes quhair it failzies of their avvin gudes, quhill the nixt Juftice Aire, and then prefente them to the Juftice. The quhilk Schireffe fall have allowed to him in the Checker, forthecxpenles, that he makis in thekeipingof thay perfones, that beis delivered to him be die Crowner, for ilk perfon three pennies on the day , he bring- and a teftimonial to the Checker fra the Juftice under his feale, of the perfones, that he bringis to die Ju- ftice aire, and how lang time, andquhatdayeshekeipcddiem. Upon the quhilk time and daies the Ju- ftice fall take certification and proofe in die aire, quhat time the Crowner delivered them, and how lang the Schireffe keiped them. And gif die Schireffe refufis to receive the perfon or perfones that fall be brocht to him be the Crowner, as faid is , he fall underly the danger and unlaw of the Juftice aire to die fourt court, as ane borgh fuld do, for fault of entrie of a perfon arreifted , I the Crowner prievand , that he brocht fik per* fones to the Schireffe, and required him to receive them, as faid is. iox. The Crowner may nocht intromet with gudes of men conviff, without the Schi' reffts confent. IT E M, It is ftatute and ordained , that becaufe the Crowners in times by-gane , throw wrang con* fueiude and abufion of die Lawe, after that a trefpahoure was convict before the Juftice , and condemned to the death, the faidis Crowners walde incontinent pafle or fend to efcheit die gudes perteining to our Sove- raine Lorde, of fik convict trefpaflburs , and at their awin hand intromet widi die famin , and appropriate a part thereof to their ufe, baith corne and catde , & uther gudes, that of laW or reafon fuld nocht perteine to dieir office: It is therefore thocht expedient, ftatute and ordained in diis Parliament, that in time to cum, na Crowner take upon hand to take ony fik gudes, or intromet therewith , quhill the Schireffe of the Schire or his deputes pas or fend widi diem, and fee all the haill gudes, and diercafter deliver to them fa- meikle, as they fuld have of reafon, and as perteinis to their office, and bring the remanent till our Soveraine Lord and his Thefaurer : And diat the Schireffe deliver to the Crowners na mair, then they aucht of Law to have. And gif they do in the contrair hereof, and intrometris and takis ony of the faid gudes at their awin hand, they to be punifhed dierefore ,. as for riefe, 1 o 3. The Schireffe and the Crowner fuld thoill ane affife the laji day of the aire. ITEM, It is ftatute and ordained, that there be charge given to the Juftice, diat he in time to cum, the laft day of his aire, give ane affife to the Schireffe and Crowner, gif they have ufed and done their office treulie. And gif they be convicl: and foundin falfe therein, that they be punifhed therefore , after the forme of Law and their demerites. 104. TheSchireffe difchargeand convocation, anddifobeyed, may continue his court?. ITEM, It is ftatute and ordained, that the adle and ftatute maid of before , anent the cumming to courtes in fober wife and quiet, but armes or convocation of our Soveraine Lordis Lieges, beputtofharpeexer cution in all poyntes conteined in the famin, and with this addition: That fra the Schireffe be fickerly cer- tified and get knawledge, that ony parties makis convocation and gathering of armes to cum to the Court: The Schireffe fall be himfelfe, his deputes or Officiars, fend to thay parties, and charge diem to ceafe, and skaill dieir gadderinges, and cum in fober and quiet wife to the court, after the forme ef the faid O 1 a&c,