[A1575/3/2]* [print] [email] [cite] [preceding] [following]
Forasmuch as in the first year of our sovereign lord's reign there was an act made concerning shooting and bearing of culverins and dags, containing pain of cutting off the right hand of the contraveners, which act, since the making thereof, has taken no execution through the troubles and civil war with which the whole realm has been, for the most part since, unquiet; but now, although God has restored peace and quietness from all foreign wars or civil troubles, yet the wearing, bearing and shooting with culverins, dags and fireworks is not left off and forborne, but rather the unlawful use of them is still practised and frequented by all manner of men, through which has happened diverse murders and slaughters of valiant and good men, upon slender and light occasions, which otherwise were able enough to defend themselves at such times of attack and invasion; and [James Douglas, earl of Morton], the regent's grace, nobility, estates and council now convened, willing to further the execution of the said act of parliament, and considering that the pain contained in the same is heard to be alike extended and executed against all manner of persons, as well for the wearing and bearing of dags and culverins as for shooting at men therewith and slaying or hurting of them; therefore ordain that no manner of person or persons, of whatsoever estate, degree or condition they be of, bear, wear or use culverins, dags, pistols or any such firearm in any part of this realm, neither to burgh nor to land, except in manner and under the pains respectively following: that is to say, it shall not be lawful to bear, wear or use in shooting or otherwise the said culverins, dags, pistols or any such other firearm upon their persons or in company with them openly outwith houses in time coming, under the pain of imprisonment of their persons for a year and a day and further enduring the king's majesty and his regent's will, together with the pain of escheating of the culverins, dags or such other firearms to the use and benefit of the judge, executor of the judgement hereafter ordained. And for execution hereof, that the offenders shall not escape unpunished, give and grant full power and commission, by virtue of this present act, to all sheriffs, stewarts, bailies and their deputes, lords of regalities and their bailies, provosts, aldermen and bailies of burghs, making them our sovereign lord's justices in that part, to take and apprehend the contraveners hereof being found red-handed, bearing or wearing the said culverins, dags, pistols or other firearms, and keep them in ward until justice be executed upon them, providing the same be done within such space as by the law and custom is appointed for persons taken red-handed in theft; and the persons dilated for the crime aforesaid, to charge by precept to find surety within six days under the pain of rebellion and putting of them to the horn, that they shall compear at a particular diet on 15 days' warning and underlie the law for that; and at the day appointed, the persons apprehended or compearing, by dittay to accuse and put to the knowledge of an assize; and if they be found culpable of the crime aforesaid, to pronounce the said doom of imprisonment of a year and a day upon them, and according thereto to keep and hold them imprisoned in irons during the said space. And if it shall happen the persons charged for not finding of surety to underlie the law or as fugitive from the law to be denounced rebels and put to the horn, that the said sheriffs, stewarts, bailies and their deputes, lords of regalities and their bailies, provosts, aldermen and bailies of burghs, search, seek, intromit and take up the said rebels, escheat goods and gear to our sovereign lord's use and make account and payment thereof yearly in the exchequer; and in like manner, search and seek the persons of the said rebels wherever they may be apprehended within the bounds of their jurisdictions until they be captured and the effect and pain of this act executed upon them. And if it shall happen any of the persons convicted not to be able to sustain their own charges during the time of their imprisonment, in that case the said sheriffs, stewarts, bailies, lords of regalities and their bailies, provosts, aldermen and bailies of burghs shall furnish and cause answer each convicted person, not having of his own whereon to sustain himself, bread and water, allowing daily a pound of oat bread to each man, the price whereof shall be allowed to them in their accounts at the exchequer. Providing that notwithstanding this present act or anything therein contained, it is and shall be lawful to our sovereign lord and his regent's domestic servants and guard to bear, wear and use the said culverins, dags and pistols; as also to all his highness's lieges in times of hosts, raids and wappenschawings, being charged thereto by our sovereign lord's authority. And likewise that it be lawful to the said sheriffs, stewarts, bailies and their deputes, lords of regalities, provosts, aldermen and bailies of burghs, their deputes and officers, to bear, wear and use the said culverins, dags and pistols in searching, seeking and apprehension of the persons of whatsoever rebels, being charged thereto by our sovereign lord's letters and authority; and in like manner that it be lawful to all our sovereign lord's lieges to bear, wear and shoot with dags, culverins and other firearms in the resisting and following of thieves and reivers, stealing or taking away true men's goods; and in like manner that it be lawful to all noblemen, gentlemen and others, our sovereign lord's lieges, to shoot for their pastime within their inner close and yards adjacent thereto in landward and outwith burghs and cities, and likewise to mariners and others frequenting the seas, being actually upon the same, for defence of their bodies and goods. And in case any persons wearing and bearing the said culverins, dags, pistols and other firearms willingly shoots therewith at any man or woman, whether the person so shot at be hurt by the said shot or not, in that case the shooter, being apprehended or called and lawfully convicted before the justice general and his deputes, shall suffer the pain and punishment of before ordained in the said act of parliament: that is to say, the cutting off his right hand; and if the person shot at happens to be slain or mutilated, in that case to suffer the pain of death for that, as the laws already made have appointed and ordained. And this act and order to endure until the next parliament or convention general and further, until express derogation be made thereto.