[1585/12/23]¹

Additioun to the act anent thevis and soirneris of clannis

²Forsamekle as in the parliament haldin at Edinburgh, the xxiiij day of October, the yeir of God j^M v^C lxxxiiij³ yeiris, thair was ane additioun maid to the actis maid aganis notorious thevis and soirneris of clannis, quhairin it is statute and ordanit that it salbe lefull to all our soverane lordis obedient and guid subjectis that sall ressave ony harme or skaith throw stowth and maisterfull reiff of thair guidis to be committit efter the dait of the said act be ony of the notorious thevis, brokin men or soirnaris of clannis of thevis in tyme cuming, to apprehend, stay and arreist the bodeis and guidis of the personis offending aganis thame, or ony utheris being of the same clan, thair servandis, defendaris or partakeris, quharevir they sall find thame in onie pairtis of this realme, ay and quhill the principallis and utheris of the said clan caus the saidis harmes and skaithis be redressit to the satisfactioun of the sustenaris thairof, or at leist find sufficient souirtie to that effect to the contentment of the persoun that hes sustenit the skaith, incaice it salbe found be ordour and triall, according to justice, that the offendar and deid doar was onnywayis ressait, suppliit and mantenit amongis the said clan efter the offence committit; quhilk act hes not tane executioun in mony pairtis of the realme be ressoun of the parteis susteniing the skaith apprehending the personis or gudis of the personis offending thame, or utheris being of the same clan, thair servandis, defendaris or partakaris, nor hes not found the concurrence of the ordiner magistratis or utheris personis being of powar to that effect, or utheris being of the same clan, thair servandis, defendaris or partakeris, hes not had sufficient force of thair awin to stay and arreist the bodeis or guidis of the personis quhilkis had offendit thame; for remeid and supplie quhairof in tyme cuming, it is statut and ordanit be oure said soverane lord, be advise of his saidis thrie estatis in parliament, that incaice onie of his hienes guid subjectis that ressavit onie harme or skaith throw stouth or maisterfull reiff of thair guidis be onie of the notorious thevis, brokinmen or soirneris of the saidis clannis of thevis in tyme cuming, sall happin not to be of power of thame selfis to stay and arreist the bodeis and guidis of the personis that hes offendit aganis thame or utheris of the same clan, thair servandis, dependaris and partakeris, being apprehendit be thame, that than the complenar sall desir the shereff, stewart, baillie or thair deputis, or provest and baillies with in burgh, or onie uther persoun being of power that happinis to be present for the tyme, to concur and assist to the same complenar in making of the same stay and arreistment, conforme to the said act of parliament, as thai will anser to his hienes upoun thair obedience and under the pane to⁴repute and estemit partakeris with the saidis thevis in evill deidis, quhairin gif thai failyie, his hienes, with advise of his saidis estaitis, declairis that the said complener, being his hienes obedient subject, salhave siclike actioun, criminallie or civillie, aganis the saidis shereffis, stewartis and ballies, provest and ballies within burgh, or utheris personis of power happynning to be present for the tyme and failyeing reddilie to concur and assist as said is, as aganis the principall theiff or robar; and further declairis, statutis and ordanis that it salbe lefull to his hienes trew and obedient subjectis having thair guidis stowin and reft be the saidis notorious thevis, brokin men or soirnaris of clannis, to apprehend, tak and intromet with the guidis and personis of the offendaris or ony utheris of the same clan, thair servandis, defendaris or partakeris with quhom the thevis and trew mennis guidis stowin or reft be thame wer ressait, and to reteine the samin as thair awin proper guidis ay and quhill the offendaris or utheris of the said clane cum to compt and rekning and mak sufficient suirtie for redreis of the trew mennis skaith, conforme to the said act of parliament, and assolyeis thame fra all danger of spuilye or violent proffeitis, bot onlie to be anserable for the principall guidis quhen thai sall have rekning, compt and dew redress of thair awin guidis with thair coistis and skaithis.