[1584/5/20]¹

²Ane act anent slauchter and trubling maid be parties in persute and defence of thair actionis

Oure soverane lord, with avise and consent of the thrie estatis of this present parliament, hes ratefeit and apprevit and, be the tennour heirof, ratifiis and apprevis the act and statute underwrittin, and decernis the same to have strenth, force and effect of ane act of parliament, of the quhilk the tennour followis:

At Edinburgh, the penult day of Maii, the yeir of God j^M v^C fourscoir thrie yeiris, the quhilk day, in presence of the kingis majestie sittand in jugement and lordis of his hienes counsell and sessioun, comperit Maister David MacGill of Neisbit, advocat to his majestie, and in name of his hienes maist faithfull, humble and obedient subjectis, exponit and declarit how in the parliament haldin at Edinburgh the xx day of Junii anno lv yeris, be his majesties umquhill darrest guiddame Marie, quene dowriar and regent of this realme for the tyme, ane ordinance and act of parliament wes maid anent the slauchter of pairties in persute and defence of thair actionis, quhilk act, albeit in the self maist proffitable and necessare to have bene ane perpetuall law in all tyme cumming for repressing of proud and undantonit braggaris, boistaris and oppressouris of thair parties, yit wes the same onlie temporall for the space of thrie yeris efter the making thairof, quhilk act the said advocat, in name and for the caussis foirsaidis, desirit to be renewit and establissit in ane perpetuall law in all tymis cumming with the augmentationis following; upoun the quhilk desire our soverane lord, willing to follow the guid exemple and intentioun of his predicessouris for the reverence and incresce of justice and assurance of parties in persute and defence of thair actionis and executionis of the same, hes, with avise of the saidis lordis of his counsell and sessioun, ordinit, decernit and declarit that fra this day furth, in all tymis cumming, gif it sall happin ather the defendar or persewar to sley or wound to the effusioun of bluid, or utherwayis to invade ane of thame ane uther in ony sort, quhairupoun they may be criminallie accusit efter the rasing of summoundis or preceptis and lawfull executioun thairof, or in ony tyme befoir the compleit executioun of the decrete to be gevin thairupoun, the committar of the slauchter, blude or invasioun foirsaid, or being art, pairt, red or counsell thairof, gif it be the defendar, salbe condampnit at the instance of the persewar, or, incase of his deceis, of the narrest of the kin of him that is slane, woundit to the effusioun of his bluid or invadit, haveand richt thairto, without ony probatioun of the libell persewit, excepted summar cognitioun to be tane of the slauchter, bluidshed or invasioun befoir the justice or uther criminall juge competent thairto, be convictioun or being fugitive and put to the horne; and gif the decrete be gevin, the same to be unreduceable for evir; and gif the persewar sley, wound to the effusioun of bluid or invaid the defendar as it is abonewrittin, or be airt, pairt, red or counsall thairof, cognitioun being tane as said is, in that cace the defender, or in cace of his deceis the narrest of his kin hable to succeid in that richt, sall have absolutioun fra the libell of the persewair simpliciter, aganis the quhilk the persewair nor na uther be his richt sall ever be hard be way of reductioun or restitutioun in integrum in ony tyme theirefter, quhair³ aige, conditioun or qualitie that ever the sleyar, drawar of the bluid or invadar foirsaid be of, the proces of transfering in the causis abonewrittin respective to be upoun ane fyvetene dayis wairning, but dyet, table or continewatioun of utheris summoundis; and gif the sleyar, sheddar of bluid or invadar as said is have landis and lyfrentis and beis denunceit rebell and put to the horne for non finding of souertie or non comperance to underly the law for the said slauchter, bluidshed or invasioun, in that cace the sleyar, sheddar of bluid or invadar incontenent efter the denunciatioun sall tyne the lyfrent of his landis, benefice, office and utheris rentis end commodities quhatsumevir for his lyftyme, without ony farder delay of yeir and day as in uther causis of tinsell of lyfrentis throuch being yeir and day at the horne. Attour, our soverane lord, be the faith and dewtie of ane Christiane prince, promisis to gif na respect nor remissioun to the offendaris in sic causis; and gif his majestie or his successouris dois in the contrare (as is not belevit), the using of the said respett or remissioun be ony of the saidis parties, persewar or defendair, salbe the like caus and of the samyn effect as thair convictioun for the caus abone specefeit; and this act and ordinance to induir for the space of sevin yeris immediatelie thairefter, and to be confermit in his hienes nixt parliament, to have the strenth and effect of ane act thairof and to be observit as ane perpetuall law in tyme cumming.