[1584/5/23]¹

²Addition to the acts made before concerning coming to courts and compearing at the bar in sober manner in pursuit and defence of criminal causes

Our sovereign lord and his three estates assembled in this present parliament ratify and approve and, for his highness and his successors, perpetually confirm the act made by King James II of worthy memory, entitled 'That no man come to courts except in sober manner', as also the other act made in the rule of his dearest grandmother Mary [of Guise], queen dowager and regent of this realm, concerning the coming to the bar in³ pursuit and defence in criminal causes, and ordain the said acts to be inviolably kept and to be put to execution in time coming, with this addition: that none of his highness's subjects repair to courts, and in special to his highness's justice court, or other justices whatsoever, for criminal causes, except by such number and company as the said acts provide, under pain of incurring of the crime of convocation of our sovereign lord's lieges, to be executed as well upon the persons who shall happen to make the said convocation or who shall be convened, with all rigour; and further, for reformation of the troubles and tumults which have fallen out and continually grow by the assembling of our sovereign lord's lieges, to fortify and assist the pursuit and defence of criminal causes moved before our sovereign lord's justice, whereupon great inconveniences have followed, to the contempt of justice, hindering of the course of the common law and punishment of offences, it is statute and ordained in all time coming, when any letters shall happen to be directed for any crime or offence to a particular diet, that the party, raisers and purchasers thereof, at the finding of their caution, report the letters duly executed and endorsed at the day appointed, shall also find caution to the justice clerk and his deputes acted in the books of adjournal, that they shall not enter in the tolbooth or place where the said justice court shall be held, except accompanied with the number of persons specified in the former act of parliament made thereupon, accounting therein their prolocutors, who only shall remain with them until their departing out of the place of justice, under the like pain which they would and should have incurred in case the said letters had not been reported duly at the day duly executed and endorsed; and likewise that the said letters to be raised to particular diets for causes criminal bear this clause, commanding the officer to charge the persons dilated and complained upon to find such surety to the said officer, executor, within six days next after they be charged that they shall compear the day and place contained in the said letters, accompanied in sober manner with their domestic and household servants, and that in the town of the resort of the said justice they shall behave themselves in quiet manner, only accompanied as said is, and enter in the tolbooth or place where justice shall be held accompanied only with the⁴ persons specified in the former act of parliament, accounting therein their prolocutors, who shall only remain with them in the said tolbooth or place where justice shall be held until the court be ended, which surety shall be taken under this condition: that if the party, defender, otherwise compear or present himself in the place of justice and be found with any greater number than is before specified, their sureties shall be confiscated as if they had not compeared, and the parties, defenders, who have found the said surety shall be judged fugitive from the law and put to the horn, and their escheats brought in by reason of the excess of the said number in the same manner as if they had not compeared; and likewise whatsoever persons shall be found in the said tolbooth or place where justice shall be held, the justice and his deputes for the time shall make record in the books of adjournal of their presence in company with any of the parties more than the said number appointed, and immediately thereafter shall direct his precept to denounce the said persons rebels and put them to the horn and ordain their moveable goods to be escheat and brought in to our sovereign lord's use for their contempt; and also it is statute and ordained that in all the premises the denunciations are to be made at the market cross of the head burgh of the shire where the said justice court shall be held only, and the process of horning registered in the books of adjournal shall be as sufficient as if the said denunciation were made at the market cross of the head burgh and as if the said process of horning were registered in the sheriff books of the shire where the persons denounced dwell, notwithstanding the act made of before concerning the registration of horning in the parliament held at Edinburgh on 24 October 1579.