[1579/10/37]*[print] [email] [cite] [preceding] [following]
†Forasmuch as there are sundry lovable and good acts made by our sovereign lord's most noble progenitors, especially by his grandfather King James V of good memory, concerning planting of woods, forests and orchards, sawing of broom, against the destroyers thereof, breakers of dovecots, rabbit warrens, parks, ponds, yards, orchards, slaying of hares, burners of muirland in forbidden times and sundry similar other things for punishment of the destroyers of planting, enclosure and policy, which acts our said sovereign lord, with advice of his three estates in this present parliament, ratifies, approves and confirms and ordains them to have effect and execution in time coming not only upon the contraveners thereof, but also upon the destroyers and stealers of bees and cutters and pullers of broom, with this addition: that whatever person steals, robs and destroys green wood or pulls or cuts enclosures, broom, breaks yards and orchards without the good will of the owner, that the offender being taken red-handed may be pursued and put to the knowledge of an assize before the baron or landlord of the lands and ground, whether the offender be his tenant to whom the wrong is done or not, within three days after the apprehension; and others not taken red-handed, to be always pursued before the sheriff, stewart or bailie within whose bounds and jurisdiction the wrongdoer dwells; and if he that receives the wrong and hurt be a sheriff, stewart or bailie himself, then the wrongdoer to be pursued before the unsuspected depute of the said sheriff, stewart or bailie receiving the wrong. And for the first fault, being convicted by his own confession or witness, shall pay to the owner of the wood, broom or yard the value of the harm done, together with £10; for the second fault shall pay to the said owner £20 and the value of it that is destroyed; and for the third fault shall pay to the said owner £40 and the value of it that is harmed; and from that time forth, so often as the offender fails, thereafter the said third penalty to be paid to the owner of the wood, broom or yards. But in case the committer of the wrong be not answerable, he shall for the first fault be put in the stocks, prison or irons for eight days on bread and water; and for the second fault 15 days; and for the third fault a month to lie in stocks as said is, and to be scourged at the end of the said month; and this without prejudice to be called at justice courts at our sovereign lord's instance according to the former use and old acts, and that the pains for breaking of the dovecots, rabbit warrens and parks be according to this present act and addition above-written. And in case the offenders be not answerable in goods for the said pains, for the first fault to be punished as is before written; and for the second fault the pain likewise above-expressed; and for the third fault hanging until dead.