[A1641/8/161]¹

[Act against the incarceration of poor people]

Act anent the incarceratioun of pure peaple²

Oure soverane lord and estatis of parliament, understanding that thair is divers puir persones takin and apprehendit be virtew of lettres of captioun and for ryotis, thiftis and utheris wrongis committit be theme and put in prisone within his majesties jayles and prysone housis, and oft tymes upon the malice of the debtoris and utheris to quhom they haif done wrong for not haifing meanis to interteane thame selfis, ar forcet either to perish throw famine or ly ane burding to these to quhom the saids jayles and prysone housis does apperteane. For preventing of which unchirritable and rigorous dealling, our said soverane lord, with advyse and consent of the saids estatis, statutis and ordanis that all poore persones takin and incarcerat within any of his majesties jayles and prysone housis sall be interteniet upon the expensis of the inputteris in allowing to theme thrie schillings Scotis money daylie. For payment quhairof, ordanes the saids persones, inputters, to find cautioun at thair committing to prysone the saids poore persones to the keiperis of the saids jayles and prysone housis, and incais of refusall or not payment of the said sowme, our said soverane lord, with advyse and consent foirsaid, declairis that it sall be laufull to the saids keiperis of the saids jayles and prysone housis to refuis the saids prisoneris or to sett thame at libertie, quhairanent the saids committers sall haif no actioun againes the keipers of the saids prysone housis, which his majestie, with advyse and consent foirsaid, discharges in all tyme coming.

16 Novembris 164

Red and taken to be advysed whill the morne.

17 Novembris 1641

Red in audience of the kingis majestie and estaittis of parliament, who remittis the consideratione heirof to the secreit counsall.

Balmerino, I[n] p[raesentia] d[ominorum] parliamenti³