An act for discharge of all pursuit against any within the bounds of the late borders for causes preceding his majesty's going to England, with exception nonetheless of all decreets already recovered, and with reservation of the criminal pursuit at the instance of his majesty's officers

Our sovereign lord and estates of this present parliament, having due consideration that through the occasion of unquietness of the borders of this realm, and of the deadly feuds thereof, there fell out diverse bloodshed, slaughters, mutilations, fire-raising, thefts and other crimes indicting death, as also sundry spuilzies, armed incursions, depredations and robbery of other goods and gear within the said borders; and understanding that through his highness's happy preferment to the crown of England the said borders of both the realms are become peaceable and civil, albeit that the inhabitants thereof are not able to satisfy the bygone damage of parties, therefore our said sovereign lord and estates foresaid find, declare, decree, statue and ordain that all and sundry inhabitants within the bounds of the said borders of Scotland, and specially within the bounds of the sheriffdom of Berwick, Roxburgh, Dumfries and stewartry of Annandale, their heirs, successors and executors, are and shall be freed and exonerated and discharged by virtue of this act of all actions of spoliation and wrongful intromission with whatsoever goods and gear spuilzied and intromitted with by them or their predecessors before his majesty's preferment to the said crown of England, with an express reservation nonetheless of all decreets and sentences already procured and obtained by any person whatsoever before the date of this act, which are declared hereby to be in no way comprehended within the compass of this present discharge. And also his majesty and estates foresaid declare, statue and ordain that the said inhabitants of the said borders, and specially within the sheriffdoms and stewartries respectively above-written, are and shall be free, freed and discharged by this act of all criminal pursuits and actions intended or to be intended or pursued against any of them by any party or persons whatsoever (except only by his majesty's advocate, justices and commissioners depute and to be deputed for that effect), for whatsoever fire-raising, slaughters, mutilations, thefts or other criminal actions whatsoever committed by them, importing or that may import the taking away of their lives, the same being committed before his highness's preferment to the said crown of England only, without prejudice always to his highness's advocate, justices and commissioners to pursue the said criminal actions according to the law, and with express declaration that this present act shall in no way be extended to any crimes, wrongs, facts and deeds done since his highness's preferment to the said crown of England.

  1. NAS, PA2/18, f.4v.