Regarding the duty of sheriffs and other judges ordinary, their deputes and clerks

2For remedy of the great contempt, disorder and wrong which has been in diverse parts of this realm in default of keeping and execution of the good laws and acts of parliament made of before by the sheriffs and other judges ordinary, their deputes and clerks, it is statute and ordained by our sovereign lord, with advice of his estates in parliament, that the said sheriffs and other judges ordinary as well to burgh as to land within regality as royalty, do their exact diligence to know and understand the laws of this realm and acts of parliament, whereof the execution is committed to their charge and that they put the same in execution without delay after the end of this present parliament, specially in searching, seeking, following, pursuing, apprehending, committing to ward and presenting to justice of declared traitors and rebels contemptibly remaining at the horn and standing registered in their own books undischarged, or in doing of justice upon them if they have commission for that effect; and if they cannot apprehend and catch the said traitors and rebels within the bounds of their own jurisdictions, to make denunciation to the sheriffs and judges ordinary of the four halves about that such persons are fled within their bounds, requiring them to use the like diligence in searching and apprehension of them as they will answer to his majesty at their peril and under the same pain that the traitors or rebels have incurred, in inquiring, searching and apprehending of sorners, oppressors, strong vagabonds and beggars wandering across the realm on pretence that they are destitute through ship-wreck or banished for slaughter or other odious offences, or are of the deceitful thieves and abusers calling themselves Egyptians, in execution of justice in all civil causes belonging to their judgement without partiality or needless delays, in extracting of processes, decreets and giving of sasines and retours at reasonable prices without exorbitant extortion, in bringing of their court books with the account of escheats and fines intromitted with by them yearly to the exchequer, in making of their deputes and clerks of men of best fame, knowledge, understanding and experience that may and can use the office, who shall be astricted to bring their registers of sasines, hornings and registrations to the exchequer and his highness's treasurer, as is contained and ordained in the acts of parliament made relating thereto of before. And that the said sheriffs and other ordinary judges may the better execute and do their duty in the premises, our sovereign lord, with advice of his estates in this present parliament, ratifies and approves all liberties, privileges, registrations, fees and commodities granted to them, their deputes and clerks by his highness or his progenitors of before, they always finding good surety in his highness's next exchequer for discharging of their offices dutifully and making of their accounts yearly in the exchequer at the diets appointed thereto, and that they shall in no way suffer themselves to be denounced to the horn in default thereof, but that they shall send their deputes, one or more, and clerk yearly at 1 November to be examined and admitted by the lords of council and session under pecuniary pains at the lords' modification, to be paid by them to our sovereign lord's use in case of fail, with certification to them that if the said surety be not found between now and the end of the said next exchequer, they shall be denounced rebels and put to the horn, and from thenceforth all his highness's subjects within their jurisdictions shall be exempt from their offices and jurisdiction; and moreover, declares and ordains all precepts out of the chancellery upon retours to be passed in the old manner to the sheriffs and other judges ordinary, with the clause taking security, freeing the party with present payment in case the said surety be found as said is.

  1. NAS, PA2/14, f.19v-20r.
  2. Written in margin: 'V'. Written at edge of page, in a very small, neat hand, 'king'.