[A1593/9/1]*[print] [email] [cite] [preceding] [following]
[A1593/9/2]*[print] [email] [cite] [preceding] [following]
The kingis majestie and esteatis presentlie assemblit, upoun knaulege of the grite disordouris and unlauchfull attemptatis committit alsueill in England aganis the peace as aganis his hienes awne obedient and peceable subjectis be avowit thevis, contemptuus rebellis, sornaris and oppressouris inhabiting the cuntreyis ewest the bordouris and hielandis; and his hienes and his saidis esteatis haveing advisedlie considderit of the best remedie for quieting of the disordourit subjectis and keiping of thame in gude reule and obedience, findis the lawis and actis of parliament alreddy maid thairfoir perfyte and sufficient, the samin being duelie putt in executioun, speciallie the act maid in the parliament haldin at Edinburgh upoun the xxix day of Julii 1587 for the quieting and keiping in obedience of the disordourit personis, inhabitantis of the bodouris, hielandis and ilis, and thairfoir ordanis lettrez tobe direct chargeing all landislordis and baillies of the landis on the bordouris and in the hielandis quhair brokin men hes duelt or presentlie duellis that hes not alreddy fund souirtie, or not sufficient souirteis, that thay find cautioun and souirtie, landit men in the incuntrey for releving of his hienes and his wardanis at the handis of the Englishe wardanis for all unlauchfull attemptatis aganis the peace, and to mak thair men, tennentis and servandis (quhome thay ar astrictit to ansuer for be the generall band) answerable to justice and satisfie pairteis skaithit conforme to the saidis lawis and generall band within fyftene dayis nixteftir the charge undir the pane of rebellioun; and giff thay failyie etc., to denunce etc.
[A1593/9/3]*[print] [email] [cite] [preceding] [following]
Forsamekle as it is expreslie statute be act parliament that the suirtie maid be the landislordis and baillies sall not be prejudiciall nor stop the suirtie tobe maid be the chiftanis and principallis of clannis or brancheis thairof, nor be the contrair, thairfoir ordanis lettrez tobe direct chargeing the capitanis, chiftanis and cheiffis of all clannis and the principallis of the brancheis of the saidis clannis duelland in the hielandis or bordouris upoun the landis of divers landislordis, and depending upoun the directionis of the saidis capitanis, cheiffis and chiftanis (be pretence of blude or place of thair duelling), to entir sic personis plegeis as salbe nominat in his hienes lettrez tobe direct to thame upoun fyftene dayis wairning befoir his hienes secreit counsale, undir the pane of rebellioun etc.; and giff thay failye, to denunce etc.; to be placeit as his majestie sall think convenient, for keiping of gude reule in tyme cuming according to the conditionis quhairunto the saidis baillies and landislordis ar subject undir the pane of executioun of the saidis plegeis to the death incais of transgressioun and not redres maid be the personis, offendaris, for quhome the saidis plegeis lyis.
[A1593/9/4]*[print] [email] [cite] [preceding] [following]
And that lettrez be direct be the justice clark chargeing all vagaboundis and maisterles men to find souirtie to undirly the law the thrid day of the air, or sounair upoun fyftene dayis wairning for all sic crymes as salbe gevin in dittay aganis thame; or failyeing thairof, tobe denunceit rebellis and fugitives and thair ressettaris tobe persewit thaireftir quhill thai be apprehendit and punist for thair demeritis; and the pairteis skaitheit to have competent actioun, civile or criminale, aganis the magistratis or uthiris within quhais boundis, jurisdictioun or power sic vagaboundis or fugitives ar wittinglie ressett, according to the said act of parliament.
[A1593/9/5]*[print] [email] [cite] [preceding] [following]
And that the justice clark caus alswa lettrez be direct chargeing all souirteis found in the buikis of adjornall to undirly the law the thrid day of the air or sounair on fyftene dayis wairning sen the first day of November 1585, to entir the personis for quhome thay become souirtie befoir the justice principall or his depuths, or justiceis tobe constitute be commissioun, to undirly the law for the crymes contenit in the lettrez quhair upoun thay wer first callit or dittay gevin in aganis thame at the dayis and placeis eftir following, that is to say all within the schirefdome of Perth and stewartreis of Stratherne and Menteith, within the tolbuith of Perth; all within the schirefdome of Dunbartane and the sevin kirkis of Strivilingshyre that is within Lennox, to entir within the tolbuith of Glasgw; all within the schireffdome of Drumfreis and stewartrie of Annanderdale, to entir within the tolbuith of Drumfreis; all within the schirefdomes of Jedburgh, Selkirk and Peblis, to entir within the tolbuith of Jedburgh; all within the schirefdome of Berwik and baillierie of Lauderdale, to entir within the tolbuith of Hadingtoun, all upoun the xxij day of October nixttocum, with continuatioun of dayis; and to warne all complenaris to compeir the saidis day and place to persew the personis tobe impannellit, and to summound assyis to thame that knawis thame culpable of the crymes quhairof thay ar tobe accused. With certificatioun to thame and thay failyie, thay sall incur the blame and skaith thame selffis that in thair awne default and negligence sufferis the gilty personis that hes offendit aganis thame tobe acquite and eschaip punishement.
[A1593/9/6]*[print] [email] [cite] [preceding] [following]
And forder, becaus divers personis being accusit of crymes in the justice courtis bigane become in his hienes will thairfoir and fand souirtie to satisfie the said will, that thairfoir the justice clerk caus rais lettrez chargeing the personis that come in will to compeir befoir the justice and his deputis the saidis day and place, to heir and see the saidis willis declarit undir the pane of rebellioun etc.; and giff thai failyie etc., to denunce etc.; and lettrez of poinding tobe direct aganis thame and thair souirteis for satisfactioun of the said will.
[A1593/9/7]*[print] [email] [cite] [preceding] [following]
And mairover, inrespect that a gude nowmer of personis in the formair justice courtis fand souirteis that thai sould compeir the thrid day of the nixt justice air or sounair on fyftene dayis wairning quhen and quhair it sould pleis oure soverane lord, and undirly the law for all crymes that could be layed to thair charge thaireftir, and that thai sould abstene frome thift, ressett of thift and maisterfull oppressioun in tyme cuming, ilk persone undir the pane of ane hundreth pundis sa oft thay failyeit, thairfoir ordanis and commandis the justice clerk and his deputis that the names quhilkis hes found the said souirtie with thair suirteis tobe publist and proclameit at the saidis mercatt croceis of the heid burrowis, within the marcheis anent England and pairtis ewest the hielandis, and to warne and admonishe all his liegis quhome thay offendit to giff in thair complaintis and dittayis to the justice clerk and his deputis in dew tyme, that thay and thair suirteis may be arreisted and chargeit and assyis deulie summound. Certifeing thame and thay failyie, that thair skaithis and want of redres of thair guidis salbe imputt to thair awne default and negligence.
[A1593/9/8]*[print] [email] [cite] [preceding] [following]
And inlykemaner, to command and charge all and sindrie his liegis that knawis ony Scottishe thevis on the bordouris or hielandis thevis in thair steilling and soirning to have bene tane and lattin to libertie unpresentit to justice be quhatsumevir his hienes liegis sen the first day of November 1585, that thay dilait and giff up thair names in dittay to the justice clark or his deputis betuix and the first day of October nixttocum, to the effect that thai may be tymouslie arreisted to the saidis justice courtis and justice ministrat upoun thame as accordis of the law.
[A1593/9/9]*[print] [email] [cite] [preceding] [following]
And becaus it is concludit be his hienes and his esteatis that the obediens of all his subjectis callit and indytit to the saidis justice courtis salbe first tryit be ordour of law in peceable maner befoir certane of the lordis of counsale and sessioun tobe constitute justiceis to that effect, that it may be undirstand and knawne afoirhand quhat obediens salbe louked for at the handis of the saidis landislordis, baillies and chiftanes and the principallis of the brancheis of clannis, that thairfoir lettrez be direct chargeing thame to compeir personalie befoir his hienes and his secreit counsale quhair he salhappin tobe for the tyme upoun the tent day of the said moneth of October undir the pane of rebellioun etc., with certificatioun etc. And als salbe repute, haldin, persewit and punist as favouraris, foirtefearis and mantenaris of the saidis thevis, sornaris and maisterfull oppressouris and persewit indifferentlie with thame in example of uthiris.
[A1593/9/10]*[print] [email] [cite] [preceding] [following]
And to the effect that the same rebellious and contemptuus personis that, being callit, compeiris not in the saidis justice courtis sall not eshape punishment nor the pane that sould mak thame answerable to justice and redres skaithis untane up as in tyme bigane, his majestie, with avise of his esteatis, hes deliberatlie concludit that the executioun of the said justice salbe followit oute with a sufficient force, it being tryit and knawne afoirhand quha wilbe obedient and quha nocht, ordanis lettrez tobe direct chargeing schireffis, stewartis, baillies or thair deputis, provestis, baillies and aldermen of burrowis to pas to the mercatt croceis of Edinburgh principall, Lynlythqw, Hadingtoun, Dunse, Lauder, Jedburgh, Selkirk, Roxburgh, Peblis, Lanerk, Renfrew, Air, Wigtoun, Kirkcudbryght and Drumfries and to command and charge all and sindrie erllis, lordis, baronis, frehalderis and gentilmen landit with the inhabitantis of burrowis, alswele within regalitie as ryaltie, that thai and ilkane of thame, weill bodin in feir of weir with tuentie dayis victuall and provisioun, addres thame to meit his hienes at Peblis upoun the first day of November nixttocum, thairfra to pas fordwart with his majestie, or uthirwayes as thay salbe commandit and directit, for invasioun and punishment of the rebellious and contemptous personis, inhabitantis of the cuntreyis ewest the bordouris, perturbaris of the commoun quietnes of the realme, undir the pane of tinsall of lyffe, landis and guidis.
[A1593/9/11]*[print] [email] [cite] [preceding] [following]
And that lettrez be direct chargeing all and sindrie erllis, lordis, baronis, freehaldaris, gentilmen, landit men with the inhabitantis of burrowis, alswele within regalitie as ryaltie, within the boundis of the schireffdomis of Forfair, Fyffe, Perth, Kinross, Clakmannane, Striviling, Dunbartane, But and Ergyle, that thay and ilkane of thame weill bodin in feir of weir, lykwayes with tuentie dayes victuallis and provisioun, addres thame selffis to meit Ludovik, duke of Lennox, erll Dernelie, lord Tarboltoun, Methven and Aubigny, his hienes lieutennent at Striviling, upoun the said first day of November nixttocum, thairfra to pas fordwart, as thay salbe commandit and directit, for invasioun, persute and punishement of the rebellious and contemptuus personis, inhabitantis of the hielandis and cuntreyis adjacent thairto, perturbaris of the commoun quietnes of the realme, undir the pane of tinsall of lyffe, landis and guidis.
[A1593/9/12]*[print] [email] [cite] [preceding] [following]
And in respect that samony ar tobe chargeit to compeir befoir his majestie and his prevey counsale, befoir the saidis courtis of justiciarie and sa grite noumer to compeir and undirly the law at the same justice courtis, as alswa at the saidis oistis and armeyis for persute and punishement of the rebellious and contemptuus personis that compeiris not at the same justice courtis, and that it micht be dangerous to convene sic cumpaneyis in armes or quhair justice sould be quietly ministrat, feid and grudge standing amang samony unassured; and seing the publict quietnes of the realme and the releif of the puir sa miserabillie opprest aucht tobe preferrit to the querrell of privat personis, thairfoir ordanis lettrez to be direct chargeing the principallis of all pairteis within the saidis boundis amangis quhome feid, grudge or querrel standis, that thay and ilkane of thame, takand the burding upoun thame for all that thay may latt, assuir ilkane of thame uthairis and all his hienes subjectis cuming and repairing to his hienes presence at the said dyet appointit befoir his hienes and his secreit counsale, or to the saidis justice courtis, or to the saidis oistis and armeyis, tobe unhurt, unharmeit, unmolestit, troublit, invadit or persewit uthirwayes nor be ordour of law and justice, and that nane of thame tak upoun hand to mak provocatioun of displesour to utheris in worde, deid or countenance, outher for auld feid or new, undir the pane of perjurie, defamatioun and tinsale of perpetuall honour, estimatioun and credite; and that thay subscryve assuranceis to the effect foirsaid, tobe presentit to thame, subscryvit be the clerk of secreit counsale, within three dayis nixteftir the charge undir the pane of rebellioun etc., and giff thay failyie etc. to denunce etc.
[A1593/9/13]*[print] [email] [cite] [preceding] [following]
And becaus thair is a grite noumer standing and denunceit rebellis and at the horne within the saidis boundis, landit men and utheris, sum for dissobedience of his hienes authoritie, for not finding of souirtie to undirly the law in criminall causes or as fugitives fra the law, nouther thair landislordis nor na utheris offering tobe cautionaris that thay salbe answerable to his hienes lawis, and sum for civile causes, thairfoir ordanis the justice clark for all thame at the horne for criminale causes and the schireff clerkis for all personis standing registrat in thair buikis for quhatsumevir causes sen the said first day of November 1585, to caus collect and publishe thair names at the marcat croceis of the heid burrowis of the schirefdomes within the quhilk thai dwell, admonisheing thame that betuix and the said tuentie day of October nixttocum thay mak thair obedience to his hienes and his authoritie be obtening of thame selffis ordourlie relaxt fra the proces of horne for the quhilk thay wer denunceit, according to the lawis and custum of the realme be satisfactioun of pairteis and his hienes thesaurair for the escheitis, certifeing thame that failyeis, the said day being bipast, that thay salbe persewit as publict rebellis to his hienes and his authoritie and enemeyis to the commoun wele with fyre, swerd and all uther extremitie, thair cornis and guidis rigorouslie mellit and intromettitwith or disponit to thair greitest unfreindis, and the stanehouses of the landit men cassin doun to the ground; as alswa thair personis exponit in pray tobe apprehendit and slane, not onlie be the ordinair jugeis and thair deputis, bot be all uthiris sall pleis be executouris, without pane, cryme or danger tobe incurrit be thame thairfoir. And in the meantyme, to command and charge all schireffis, stewartis, baillies, lordis and baillies of regaliteis within quhais boundis and jurisdictioun thay duell, and the provestis and baillies of burrowis to arreist and mak inventair of the cornis, cattell, guidis and debtis of the saidis rebellis, scheir, win and stak the same upun the expenses of the landis and teyndis quhilkis pertenit to the saidis rebellis and hald the same undir arreistment quhill the same may be convenientlie uptakin and inbrocht to his hienes use, at the leist ay and quhill sufficient cautioun and souirtie be found that the samin salbe furthcumand to his hienes and his thesaurair as law will, and to charge the landislord or baillie upoun quhais ground or within quhais power and jurisdictioun the saidis escheat cornis, cattell or guidis ar or salbe arreisted as said is to answer for the same, eftir the forme and tennour of the generall band and undir the panes contenit in the same. And inlykmaner, to command and charge all and sindrie oure soverane lordis liegis that nane of thame tak upoun hand to ressett, supplee or intercommoun with the saidis rebellis and utheris fugitives obstinatelie continewing dissobedient to his hienes authoritie and lawis or giff thame meit, drink, house or harborie, or mell or intromettwith thair cornis, cattell, guidis or geir, or ressave the same in custodie and keiping, unreveillit in defraude of oure soverane lord and his escheit; with certificatioun and thay failyie, or giff ony of the escheit guidis salbe found hurdit and conceillit amangis thairis, all salbe intromettitwith togidder to his hienes use or exponit in pray togidder in example of uthairis.