Page:The Laws and Acts of Parliament of Scotland.djvu/49

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SEXT PARLIAMENT. XIX. of Januar. 1449.
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12. The Proclamation of general lpeace: Of Law-burrowes: Of Ministers of Law.

ITEM, It is ordained, that generall peace be proclaimed and keiped out-throw all the Realme, that all men may travel ſurely & ſickerly in merchandice, & utherwaies in allplaces throw the land , ſwa diat na man neede till have aſſurance ane of uther, bot that the Kingis peace be assurance till all men. And quha that offendis therein , to be puniſhed by the King or his Officiares. And that the King make ſik Officiares, that can weill & may weill puniſh ſik treſpaſſoures. And attour, gif ony perſon dreadis ane uther, that he paſſe to the Schireffe, or to the Officiares, that it effeiris to, and make that knawin, or ſweare that he dreadis him, and they ſall take borrowes of peace, after the actes maid thereupon of before. And that juſt men be maid juſtices, that kennis the Lawe, and that will minuter eavenlie , alſweill of the greate, as of th eſmall. And richtſwa of uther officiares. And gif they be negligent to miniſter their office, that they be puniſhed be the King. And that the Juſtice pane twiſe throw the countrie in the zeir, after the auld lawes.

13. That none rebell againſt the Kingis perſon nor his authoritite.

ITEM, It is ordained, that nane rebell againſt the Kingis perſon, nor his authoritie : and quha ſa makis ſik rebellion, to be puniſhed after the qualitie and quantitie of ſik rebellion, be the adviſe of the three E- ſtaites. And gif it happenis ony within the Realme openly or notourly to rebell againſt the King, or makis zeir againſt the Kingis Lieges againſt his forbidding, in that caſe the King to gang upon them with aſſiſtance of the haill landes, and to puniſh them after the quantitie of the treſpaſſe.

14. Of them quha ſeekis revenge for treſpaſſoures juſtified.

AND Attoure, gif it happenis ony man till aſſiſt in red, comfort, or councell or maintenance to them that ar juſtified be the King in his preſent Parliament, or ſall happen to be juſtified in time cumming, for crimes committed againſt the King , in the contrair of the act maid: Fra it be notour, or the treſpaſſour be convict thereof, he ſall be puniſhed in like maner, as the principal treſpaſſoures.

15. Trewes on the Bordoures, ſulde be keeped be the Wardane.

ITEM, It is ordained, that the Wardane chooſe ſik deputes and officiares under him, as he will ſtand for, for the keeping and obſerving of the trewes, ſen hee lies the charge. And that the King gar aſſiſt to him, in the ſupplying of him and his officiares, gif ony walde take on hande to diſobey or gaine-ſtand.

16. Of Munition of Officiares treſſpaſſand in their office wilfullie.

ITEM, It is ordained, that gif ony Officiar wilfully treſpaſſis in die miniſtration of his office of the Law, that beand over-tane or proved on him, before die King or his Councell, he ſall tyne his office for an zeir and day at die Kingis will, and aſſyith the parrie, as effeiris.

17. The byer of Landes ſuld keepe the tackes ſet before the bying.

ITEM, It is ordained, for the ſafetie and favour of the puir people that labouris the ground, that they and all uthieris, that lies taken, or ſall take landes in time to come fra Lordes, and lies termes and zeires thereof, that ſuppoſe the Lordes ſell or annaly that land or landes: the takers ſall remaine with their tackes, unto the iſchew of their termes, quhais handes that ever thay landes cum to, for ſiklike maill, as they tooke them for.

18. Tackes of wed ſet Landes, ſet within the Juſt valour, ſuld nocht be keiped after the Redemption.

BOT Quha fa takis, or lies tane landes in wedſet, and ſyne for maill lang time after the land be quite out, for halfe maill or neir thereby, that diay tackes ſall not be keeped nor halden, after the quiting out of the ſaid land, bot gif they be ſet for the verry maill or neir theirby.

19. The committer of ſpuilzie ſuld make reſtitution: pay the expenſes, and one unlaw to the King.

ITEM, It is ſtatute and ordained, that onie man, that beis ſpuilzied , and cummis before the King, and his Councell, and compleinzies of ſpoliation , & the ſpuilzie may be proved, there the partie preſent or ſummond lauchfullie, & not compeirand : or appeirand, the ſpuilzie beand proved, the Schireffe of the Schire ſall be commanded be the King to mak him, that is ſpuilzied, bee reſtored but delaie. And gif the plein- zeour of the ſpuilzie have na proofe reddie before the King, the King ſall write to the Schireffe, at his in- ſtance, to ſet him a peremptour day of fifteene daies at the fardeſt, to the quhilk he ſall warne the parties to

cum. At the quhilk day quhidder they cum or not, the ſpuilzie beand proved , the Schireffe ſall make him,

that