[1584/5/23]¹

²Additioun to the actis maid of befoir anent the cumming to courtis and compering at the bar in sober maner in persute and defence of criminall causis

Oure soverane lord and his thrie estatis assemblit in this present parliament ratefeis and apprevis and, for his hienes and his successouris, perpetuallie confermis the act maid be King James the Secund of worthie memorie, intitulit 'That na man cum to courtis bot in sober maner', as also the uther act maid in the regiment of his darrest guiddame, Marie, quene dowriar and regent of this realme, anent the cumming to the bar in³ persute and defence in criminall causis, and ordinis the saidis actis to be inviolablie kepit and to be put to executioun in tyme cumming, with this additioun: that nane of his hienes subjectis repair to courtis, and in speciall to his hienes justice court, or utheris justices quhatsumevir, for criminall causis, bot be sic numer and cumpanie as the saidis actis providis, under pane of incurring of the cryme of convocatioun of our soverane lordis liegis, to be execute alsweill upoun the personis quha sall happin to mak the said convocatioun or quha salbe convocat, with all rigour; and forder, for reformatioun of the trublis and tumultis quhilk hes fallin out and continowallie growis be the assembling of our soverane lordis liegeis, to fortifie and assist the persute and defence of criminall causis movit befoir oure soverane lordis justice, quhairupoun great inconvenientis hes followit, to the contempt of justice, hinder of the cours of the commoun law and punisment of offences, it is statute and ordinit in all tyme cumming, quhen ony lettres sall happin to be direct for ony cryme or offence to ane particulair dyett, that the partie, raseris and purchessaris thairof, at the finding of thair cautioun, report the lettres dewlie execute and indorsat at the day appointit sall also find cautioun to the justice clark and his deputtis actit in the bukis of adjornall, that thei sall not enter in the tolbuithe or place quhair the said justice court salbe haldin, bot accumpaneit with the numer of personis specifiit in the former act of parliament maid thairanent, comptand thairin thair prelocutouris, quha alanerlie sall remane with thame quhill thair departing furth of the place of justice, under the like pane quhilk they wald and suld have incurrit incace the saidis lettres had not bene reportit dewlie at the day dewlie execute and indorsit, and siclike that the saidis lettres to be rasit to particulair dyettis for causis criminall bear this claus, commanding the officiar to charge the personis dilatit and complenit upoun to find sikker souertie to the said officiare, executour, within sex dayis nixt efter they be chargeit that they sall compeir the day and place contenit in the saidis letteris, accumpaneit in sober maner with thair domestique and howshald servandis, and that in the toun of the resort of the said justice they sall behave thame selffis in quyett maner, onlie accumpaneit as said is, and enter in the tolbuithe or place quhair justice salbe haldin accumpaneit onlie with the⁴ personis specifeit alanerlie in the former act of parliament, comptand thairin thair preloquutouris, quha sall onlie remane with thame in the said tolbuith or place quhair justice sall be haldin, quhill the court be endit, quhilk souertie salbe takin under this conditioun: that gif the pairtie, defendair, utherwayis compeir or present him self in the place of justice and be found with ony grittar numer nor is befoir specifiit, their souerties salbe unlawit as gif they had not comperit, and the parties, defendaris, quha hes found the said souertie salbe adjugeit fugitive fra the law and put to the horne, and thair eschaetis inbrocht be reasoun of the exces of the said numer in the samyn maner as gif they had not comperit; and siclike quhatsumevir personis salbe found in the said tolbuithe or place quhair justice sall be haldin, the justice and his deputtis for the tyme sall mak record in the bukis of adjornall of thair presence in companie with ony of the parties attour the said numer apointit, and immediatlie thairefter sall direct his precept to denunce the saidis personis rebellis and put thame to the horne and ordine thair movable guidis to be eschaet and inbrocht to our soverane lordis use for thair contemptioun; and als it is statute and ordinit that in all the premisis the denunciationis to be maid at the marcat croce of the heid burgh of the shire quhair the said justice court salbe haldin alanerlie, and the proces of horning registrat in the bukis of adjornall salbe als sufficient as gif the said denunciatioun wer maid at the marcat croce of the heid burgh and as gif the said proces of horning wer registrat in the shereffis bukis of the shire quhair the personis denunceit dwellis, notwithstanding the act maid of befoir anent the registratioun of horning in the parliament haldin at Edinburgh, the xxiiij day of October, 1579.