The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1609/4/29]1
2Act anent fugitive persones of the borders to the in countrey
Forsamekle as the kingis majestie is resolved to purge the mydele schyres of this isle, heirtofoir callit the bordouris of Scotland and England, of that barbarous crueltie, wickednes and incivilitie whilk be inveterat custome almaist wes become naturall to mony of the inhabitantis thairof, and to reduce thame to the knawlege, love and fear of God, reverence of his majesteis authoritie, obedience of his lawes and duetie to thair neighbouris, for accomplisheing of that maist royall designe maid chouse [of ane]3 to be commissionar in these boundis whome by mony assurede prouffis, former imploymentis of greatest consequence, his majestie knew [to]4 be indewit with all qualiteis necessair for sa weichtie a charge, wha following preciselie the rules of his majesties maist prudent directionis and useing all possibill diligence and dexteritie in prosecutioun thairof, maid sa happie progress in that good course as justlie punisheing the maist perversed and rebellious ring leaderis (whais amendement wes disperate) and transporting otheris of them furth of this isle, the rest wer brocht to verie setled quietnes and obedience of his majesteis lawes, a verie few number of outlawes onlie exceptit, wha being sa earnestlie searched and perseivit in these boundis as all hope of escaping and langer impunitie wes takin frome them, they have by maist subtile and craftie meanis by changeing thair names and dissembling the place of their nativitie convoyed thame selffis in the incountries of this realme and insinuated them selffis in service with noble men and others of good qualitie, not onlie theirby eschewing thair deserved punishement, bot also abuseing and harmeing his majesteis good subjectis by thair darnit stouthes in the incountrie, transported, ressait and quietlie sold in the boundis of the laite bordouris, and agane steilling geir furth thairof and out of the boundis of these middle shyres and outting and selling the same in the incountries, besyd that otheres of the saidis outlawis had bene allured and had ressait and oversicht in the incountries by some men of rank and pouer, to be instrumentis and executouris of sic revenge and mischeif aganis these to quhome they beir malice, grudge or querrell, whilk for fear of his majesteis lawes and authoritie they durst not attempt by them selffis; for remede whereof, his majestie, with advyse and consent of the estaittis of parliament, statutis and ordanis that na man shall heireftir either ressave or retene ony man borne or lang habituat in the lait bordouris in his service or company or upoun his landis unless he have certane knawledge or a trew and authentik testimoniall of his majesteis great commissionar of the late bordouris or his deputtis of the said bordour mannis trew name and surname, place of his nativitie and reporte of his treuth and lautie, and that he is na knawin malefactour bot repute a duetefull and obedient subject, under the paine to incur the danger and to be maid answerable, civilie and criminalie, to his majestie and all his lauchfull subjectis for all actionis and crymes whilk micht be onywayes layed to the charge of the saidis broken men for ony cause or occasioun either preceding or during the tyme of thair ressaveing or retening thame in thair service, company or upoun thair landis as gif the ressaitter had committit the saidis faultis thame selffis. As lykwayes, becaus some wha ar not knawin to have committit any haynous offence in thair awin persone obtening testimoniall of thair name, birth and good reporte may give the samin to brokin men to be used by them in places quheir they ar not knawin, it is statute and ordenned that wha soevir shall either gif his testimoniall to ony man wheirby it may be abused by another nor him to quhome it wes trewlie grantit, or wha shall falslie use another mains testimoniall or wha shall forge to him self or use a false testimoniall in the premises, shall be punished to the death. And to the effect his majestie faithfull and obedient subjectis may have the better knawlege of the saidis fugitives and broken men, and that sic as ressait them may want all pretext and excuse of ignorance, it is statute and ordeined that a roll shall be maid by his majesteis great commissionar of the saidis middill shyres contening the names of the saidis rebellis, fugitives, outlawes and broken men, with the maist notour and evident markis and discriptioun of thair age, stature, colour and other tokenes wheirby they may be maist easilie and readelie knawin, and being imprentit shall be sent to the schireffis and magistrattis of the incountreis and proclamed at the marcat croces of the heidburrowes of the schyres and other places neidfull, and thereftir be publicklie affixed upoun the saidis crosses or tolbuthis of the saidis burrowes, aftir whilk publicatioun it is statute that the controvenaris of this act or ony heid or article thairof shall be rigourouslie punist in thair persones and goodis in maner foirsaid.
- NAS, PA2/17, f.44r-v.
- '17' written in margin beside heading.
- APS interpolation.
- APS interpolation.