[1593/4/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in this present parliament, considering that by the alteration of the value of current money in this and sundry countries of late years the ancient pains and unlaws of lawborrows, or for not again bringing of letters or for non-compearance before the justice or his deputes at particular diets to underlie the law for slaughters and other odious crimes, has been so small as they have not given any terror to wicked men to offend this long time bygone; and where the smallness of the said pains and unlaws has moved his majesty ofttimes to call the persons complained upon before his highness and his secret council to answer to the complaint, to the effect that surety might be received under greater pains than the common accustomed of before, that the persons complained upon should be made answerable to justice, which form has not taken so good effect as was hoped for, but sometime has been the occasion of double convocation and tumults within the burgh of Edinburgh, being the seat of justice, and has moved the privy council ofttimes to be occupied with that, which properly pertained to the judgement and jurisdiction of the lords of council and session and justice general. For remedy whereof, his highness and the said estates statute and ordain that in time coming the pains and unlaws of lawborrows, or for not again bringing of letters to the justice clerk and his deputes, or for non-compearance before the justice after surety found, shall be for every earl or lord £2,000, for every great baron £1,000, for every freeholder 1,000 merks, for every feuar 500 merks, for every gentleman unlanded 200 merks, and for every yeoman man 100 merks, for each person summoned to pass upon assizes before the justice 100 merks; and that the justice clerk and his deputes receive surety according to the said pains in time coming, and no other way, as they will answer upon the duty and execution of their offices; and the said pains of lawborrows to be divided equally between the king and the party offended to according to the act made thereupon of before, and that the penalty of all persons arrested and not compearing at the first justice ayre over all the realm in time coming shall be £20.