[1609/4/26]¹

²Act anent the commissioners and justices of peace

Forsamekle as amongis the infinite monumentis and testimoneis of his majesteis trew pietie, singular wisdome, sinceare zeale to justice and fatherlie care of his people, the estaitis of this kingdome have not found ony bringing mair deserved commendatioun and permanent renowme to his majestie or greater proffeit, quietnes and conforte to his subjectis, nor his constant perseverance in his maist religious and prudent resolutioun to extirpate the ungodlie, barbourous and brutall custome of deadlie feadis, whilk by the inveterat abuse of mony bipast ages wes become sa frequent in this realme as the subjectis of greatest rank and qualitie, upoun everie nauchtie occasioun of base and unworthie controverseis of neighbourheid for turves, foldykis, furris or marches of landis, foolishe wordis or drunken discordis betwene thair meanest servandis and dependeris and ony uther in the countrey, did so readelie imbrace the protectioun of thair injust and unnecessarie querrellis as did mony tymes involve thame selffis and thair haill freindschip in maist bludie and mortall trubles, whilk they did prosecute with sic malice and crueltie as to the extreme perrell of thair saulis infamie, of thair memoriall and overthraw of thair awin and thair adversareis houses, did distract the kingdome in opposite factiounis and mony tymes furnessit mater of maist pernicious, seditious and civill warris, the inconveniences quhairof being manifestlie sene and sensiblie felt, baith by the princes and people of this realme, in many bipast ages, and ernestlie soucht to have bene removeit, yit the corruptioun wes sa universall that the greatest pairt prevailing aganis the best that cruell barbaritie hath baith continuance and daylie incresce untill his majestie, bending the excellent wisdome and rare graces of his royall mynd (wheirwith God hes indewit him mair abundantlie than any king that evir did regne in this iland) aganis that godles, unnatural and bestlie custome, did devyse and establishe a maist godlie, just and prudent law and ordinance for the course to be observed for removeing upoun equitable and just conditiounes the deadlie feadis, whilk then stude in great number betwene the maist powerfull subjectis in this kingdome and thair kinsmen, assisteris and partakeris, in the executioun wheirof, God haveing miraculouslie assistit his majesties maist holie and just intentioun eftir exceding great cair and panis tane by his majestie in tryell of all the originall causes of the saidis discordis, the trew circumstances of the injureis and loses sustened by other pairtie and in prescryveing dew satisfactioun to be indifferentlie maid for redress of all bipast harmes and wrangis, his majesteis admirable constancie hes sa overcome all difficulteis that the haill knawin feadis within the kingdome being now removed by perfyte reconciliation and just contentmet of all pairtis haveand interest thairin, his majesteis haill subjectis findis sic joy and happines in the sweit fruittis of his wisdome and providence expressed in that caise that they earnestlie wische that his majestie, who hes sa cairfullie exterminat that abhominable pest of deadlie feedis, may in his singular wisdome find meanis for evir to prevent the reviveing of that monster; wheirin his majestie, considering that nothing gaif sa great growith and strenth to that bipast barbaritie as the slouth of magistratis in not suppressing the first feidis of these dissentionis, whilk being small and weak in the beginning, for peettis, turves, devittis, foldykis, poindingis, neighbourlie marches, injurious wordis or licht braulis, wer then easilie to be satlit gif diligence and authoritie had bene joynit for repressing thairof, whilk being neglectit be these to quhome it appertenit, these licht jarris and insolences did verie oft kindle sic flames of disordor, dissentioun, rankour and feid as in mony yeiris with great streames of blude, dissolatioun and ruine of great and ancient houses and races could hardlie be quenched; for remede quhairof, his majestie and estaittis foirsaidis ratefeis and appreves the former act maid by his hienes for abolischeing of deadlie feidis in everie heid, clause and article thairof, and forther statutis and ordanis that in everie schyre within this kingdome thair sall be yeirlie appointit by his majestie some godlie, wyse and vertuous gentilmen of good qualitie, moyen and reporte making residence within the same in sic number as the boundis of the schire sall require to be comissionaris for keiping his majesteis peace, to quhome his majestie, with advyse of the lordis of his privie counsell, shall give power and comissioun to oversie, trye and prevent all sic occasionis as may breid truble and violence amongis his majesteis subjectis or forceable contempt of his majesteis authoritie and breache of his peace, and to command all persones in quhome they sall sie manifest intentioun to mak truble or disordor, other by gathering togidder of idill and disordorlie persones or by publict bearing or wearing of pistolettis or uther forbiddin weaponis and sic uther ryottous and swaggring behavior, to bind them selffis and find cautioun under competent panis to observe his majesteis peace and for thair comperance befoir his majesteis justice or lordis of privie counsaill to undirly sic ordour as sall be foundin convenient for punishing of thair transgressionis or staying of trublis and enormiteis; and gif neid sall be to require the duetefull and obedient subjectis of the schyre to concur with them in preventing all sic contemptis and violences, or for taking and warding of the wilfull and dissobedient authouris, committeris and fostereris of these crymes and disordouris, under sic competent arbitrarie paynis as his majestie and lordis of his privie counsaill shall appoint for the offenderis and sic of the countrey as being requirit shall not gif thair readie and afauld concurrence to his majesteis comissioneris in the premises, quhairby the ordiner magisiratis and officiares within the schyres may be the better assistit, and thair absence, imploymentis or uther impedimentis mair commodioslie supplyit, without derogatioun of thair jurisdictioun or want of readie comforte and justice to the obedient subjectis within the boundis thairof, ordaning alsua the saidis commissionaris to gif true advertesment and informatioun to the lordis of his majesties privie counsaill, justice generall and his deputtis, his majesteis thesaurar and other magistratis and officeris quhome it efferis, off the names of sic faithfull and unsuspect witneses and assysouris to be summonit in all crymes and disordouris whilkes salhappin to fall furth within the saidis shyres as salbe knawin to be maist meit and hable for tryell and probatioun of the samin, and for eschewing that sic as ar ather aged, seiklie or unhable to travell or ignorant of the factis to be tryit be not unjustlie vexit or unnecessarlie drawin frome thair awin hauses and affaris for materis whereof they ar not hable to gif ony light.