[A1641/8/158]¹

[Act taking order with rebels and broken men]

Act anent the taking order with rebells and brokine men, remittit to the counsall²

Oure soverane lord and estates of parliament, considering the great and heavie prejudice susteinit be ane great number of his majesties subjectis quha haveing obtenit decreitis and sentances befoir the judges compitent, aither in civill, criminall or uthair lawfull judicatories, and haveing useit all executioun thairupon compitent of the law be horning, captioune and lettres of treasoune for delyverie of thair housis and notwithstanding thairof the persounes againes quhom the samen decreittis and executioun is useit standis and abydes out contumaciouslie and rebelliouslie, to the great contempt of his majesties royall auctoritie and evill example to utheris to comitt the lyk, for remeid quhairof his majestie, with consent of the saids estates of parliament, ratifies and approves all actis and lawes maid againe fraudulent dispositiounes in prejudice of lawfull creditoris, and declares that the not possessioun of debtoris or peyment making to thame or to thair behuiffe of thair gudes, fermes or uthair dewties is altogether fraudfull, and that thair lawfull creditoris hes just rycht thairto, notwithstanding of peyment maid to thame or uthair interposit persones to thair behive and may recall and persew for the samyn. And findis and declares that quhair lettres of treasoune ar execut at the instance of the creditor againes his debtor in a civill cause for not peyment of money or for not observing of such deidis as he is tyed to be band, decreit or uthair wayes, that then and in that caice the creditour, his aires and assignais sall have rycht to the double of the haill sowmes principall, penalties and annuellrentis conteinit in his decreittis quhair the sowmes ar liqueid, and to the doubill of the awaill of the heidis and oblischmentis quhairupon decret is given quhair the samen ar not liquidat, and als to the annuellrentis of the saids liquidat sowmes and of the awaill of uthairis heidis and obleischmentis of all yeires and termes efter the executioun of the saidis lettres of treasoune and dissobedience thairof and yeirlie thairefter ay and quhill the obteineris of the saidis decreittis be fullie satisfeit and thair decreittis with the double thairof fulfillit to thame as said is. It is alwayes provydit that the said double is and salbe onlie in thaise caices quhair the principall sowmes or worth of uthair deidis contenit in the saidis sentances does not exceed the sowme of fyve thowsand merkis of money, bot gif the samen exceed, in that caice the said sowme of fyve thowsand merkis of money or worth forsaid being doublit it salbe in the pouer of the lordis of secreit counsall or sessioun (befoir quhom the maiter salbe drawin in questioun) to modifie such sowme or sowmes by and above the said sowme of fyve thowsand merkis and worth forsaid as they sall think fitt to be peyit or performeit to the pairtie at quhais instance the saidis decreittis ar obtenit, according to the proportioun of the sowmes or worth forsaid in sa far as the samen exceides the said sowme of fyve thowsand merkis and worth thairof proportionallie and pro rata, with this declaratioun: that everie fyve thowsand merkis or worth thairof salbe doublit and the modificatioun to be for and in respect of the extent sa far as it exceides fyve thowsand merks or worth thairof. And ordanis the lords of sessioun to direct lettres of horning, poynding, compryseing and all uthair executioun necessar for peyment or performance of the saids double and annuellrentis thairof quhair the samen exceidis not fyve thowsand merkis as said is and of sic uthair sowmes as salbe modifeit in maner forsaid, proportionallie quhair the samen exceidis fyve thowsand merkis or the worth of fyve thowsand merkis, and that in favoris of the obteineris of the saids decreittis, thair aires and assingais. And for the greater terror to the saids persones quha dissobeyis the lettres and charges of treassoun, quhither in civill or criminall causis or in maiteris of ryot persewit befoir the lordis of secreitt counsall, it is declairit that the pairtie againes quhom lettres of treasone salbe direct and dissobeit be him salbe accomptit as denunceit rebell for a cause quhilk of the nature is criminall; and gif he sall happin to be slaine or mutilat, that the said horning being objectit be way of defence sall liberat the partie accused. And als it is declared that the shirreffis of the schyres within the quhilks the pairties swa rebellious dwells sall tak the saids rebells housis and keipe the samen and intromet with thair rents and dewties and mak compt and peyment to thair creditoris thairof, deduceing of the first and readiest of the saids debtoris gudes, rentis and dewties the ordinar charges and expensis that sall happin to be bestouit in the service in taking and keiping of the saids housis and uplifting of the saidis rentis. And gif the shirreffes be not abill to tak the saids rebells housis and mell with thair rentis and tak thair persones, than to requyre the barrones, gentlemen and inhabitantis of the said shirrefdome to concure with thame to tak the saids rebells and thair housis and to present thame to the lords of secreit counsall or put thame in the nixt and surest jayle till the counsall be advertesit. And gif the inhabitantis of the shirrefdome being requyred refusis, they salbe punischit thairfoir be the lordis of secreit counsall and underly the paines contenit in the actis of parliament. And gif the shirreffe of the shirrefdome with the assistance of the inhabitantis be not abill to sease upon the saids rebells and thair housis, it is declareit that the lords of secreit counsall upon the supplicatioun of the parties intrest sall give command to the nixt and contigwis shirrefdomes and inhabitantis thairof to assist thame in the executioun of the premisis. And als that gif cannon or munitioun be requiseit for breaching and intaking of the saids housis, that the lords of secreit counsall sall upon petitioun forsaid give comand or warrand to the keiperis of his majesties castells to furnisch such ammunitioun as the lords of secreit counsall sall think fit. As also statute and ordanes that gif by violence the saids debtoris sall esceape from the saids shirreffes and uthairs forsaids or sall resist his hines officiaris in executioun of thair office, then and in that caice thay salbe lyabill to simple forfaltrie of lyff, lands and guds, and that thair associats, partakeris and assisters salbe subject to the lyk punischment and that thair not comperance befoir the ordinar judge salbe na stope to the said proces. And this present act to be extendit als weill againes all thaise that have dissobeyit and contemnit the lettres and proces of treasone forsaid since the begining of his majesties regine as in all tyme cumming.

16 Novembris 1641

This being moved in audience of his majestie and estaittis of parliament, who remittis the consideratione heirof and to tak cours heirin to the secreit counsale.

Balmerino, I[n] p[raesentia] d[ominorum] parliamenti

At Edinburgh, 8 Marche 1642

The lordes of privie counsell having taken the act [within] written to ther consideration in respect of the [reference] therin [contenit], appointes the Earle of Southesk and lord advocat to consider of the [within] written, and what they thinke fitt either to adde or change therin to report ther opinion theranent to the counsell with the first convenience.

Loudoun [...], I[n] p[raesentia] d[ominorum]³