[1535/23]¹

The remedy for destruction of houses, places,² woods, forests, orchards, yards and enclosures of land fallen in ward

³Item, because it is unprofitable and useless to make laws and statutes for policy to be had unless the same be kept, and because such order and provision as is devised for policy may fail by the falling of lands into ward or giving of the same in conjunct fee or liferent, therefore the king's grace, with the advice of his three estates, ordains the act made thereupon by the most excellent prince King James IV, his father, of most noble mind, to be observed and kept in all points, and ratifies and approves the same, and that all sheriffs, stewarts, bailies and other officers, both in regality and royalty, and likewise spiritual men within their lands and to burgh, put the same to execution in all points. That is to say, all officers within the royalty⁴and lords of regalities under the pain of refunding to the heritors of such lands fallen in ward at their perfect age of all damage and harm that they shall happen to sustain through their negligence, they being required thereto by the person who is in ward or his friends;⁵ and if the warder, ladies of conjunct fee or liferent⁶of such lands refuse to find surety according to the said act, they being required thereto by the sheriff, stewart, bailie, provost or alderman in burgh, that the said sheriff and officers, each man within his own bounds, charge them to find the said surety according to the said act personally or by open proclamation at the head burgh of the shire where the said lands lie with 21 days next after they being charged thereto, under the pain of wanting of the profit of all such ward lands, conjunct fee or liferents,⁷ to be brought in to the king's use until the said caution is sufficiently found; and that the lords auditors of exchequer and treasurer for the time enquire diligently at every exchequer, to all sheriffs and other officers foresaid at the making of their accounts, if the said caution is sufficiently found and get certification thereof.