[1525/7/50]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained in this present parliament that, because the process of justice ayres is so long and protracted that in many years parties who are hurt and offended get no justice, trespasses and crimes pass unpunished, which is the occasion of many persons to commit crimes, trusting no hasty punishment or correction, that therefore in time to come the processes of justice ayres and justice courts be imperative at the second ayre or court so that the fugitives not compearing at the second ayre or court should, and shall be, denounced [as] rebels of the king and put to his horn and all their goods his escheat. And also because many persons indicted to justice ayres charged with surety to justice courts customarily absent themselves and flee, and may absent themselves and flee, so that crownars cannot comprehend them personally to arrest them, in that case in all times to come it shall suffice for the crownar to come to the dwelling place of the persons indicted and, there, to give them warning and charge that they compear in the justice ayre next to follow to answer to such accusations of crimes as shall be put to them, and thereafter upon the next Sunday or festival day following the said charge that the crownar make open and public intimation of his warning, charge and premonition made to the said persons by their names in their parish kirks, which charges, premonitions and intimations shall stand to them for sufficient arrestments, the crownar proving the same by his oath and a witness as is the old custom. And, similarly, the king's officers, making warning to private justice courts of any persons for any crimes not deserving rebellion, in case of failure to find surety, that they keep the same order and process, which shall be held and considered for sufficient finding of surety under the pain of law, the actions not being for slaughter or mutilation; and ordain the justice general upon any manner of crimes, committed or to be committed, to set justice courts, particularly when there is need for the punishment of particular faults and crimes that occur, such as recent slaughter,† mutilation, fire, ravishing of women, depredation, masterful theft and all other such crimes, at the discretion of the lords† for staunching of trespassers and bringing of the realm to peace and quiet, because general justice ayres cannot be ready at all times and the delay of punishment generates and gives new occasion for trespass.
[1525/7/51]*[print] [email] [cite] [preceding] [following]
†Item, it is devised, statute and ordained that, because many ill-disposed persons customarily, upon cruel malice and forethought felony, lay watch and beset gates where they understand men are to ride and pass with evil folks for the slaughter and invasion of the persons that they hate and have enmity against, that therefore in time to come it be a special point of dittay so that the committers thereof shall be indicted; and if any persons be found guilty by an assize of setting the gate, laying watch for men to do them harm or biding men to wait to make slaughter or to do bodily harm, or art and part thereof, the committers or doers thereof shall be punished to the death, albeit the person or persons that they laid watching for escape any harm, and that this crime be called to private diets or justice courts or at general justice ayres as pleases the justice for staunching of such cruel deeds.
[1525/7/52]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that the committers of the crimes of fire-raising and ravishing of women be put under surety to the law, as with the crimes of slaughter and mutilation, and in case of the failure to find surety, to denote them rebels, as with slayers of men. And also because the burning of corn in barnyards is so great an offence against the common good that, therefore, respites or remissions shall never be given at any time to come to any persons who burn corn in stacks or barns, but the committers thereof are to be condemned to the death or banished from the realm for ever.
[1525/7/53]*[print] [email] [cite] [preceding] [following]
The three estates in this present parliament ratify and approve all gifts, dispositions, donations, acts and statutes, resignations, confirmations and others whatsoever made and done by the lords of the secret council in the name of our sovereign lord and of his authority in the absence of [Margaret Tudor], the queen's grace, notwithstanding the authority granted and given to her highness in the last parliament held at Edinburgh on 15 February 1524 [1525]. In addition, the said three estates, for certain considerations moving them and for the common welfare of this realm, decree and ordain the said authority granted and given to the queen's grace in the said parliament to cease in time to come, and deprive her therefrom. Nonetheless, at the request of the king's grace, the lords ordain this act to stand over for 20 days so that, if the queen's grace comes in the meantime and uses the counsel of the lords, she is to have her authority and to use the same with the said lords, and if she does not come to the effect foresaid, this above-written act is to be of strength and effect in all points.