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B00661 Certaine acts particularlie recommended by our most gratious and sacred soveraine to the Estates of Parliament of the Kingdome of Scotland, and by them, after graue and mature advisement and deliberation hartilie imbraced, concluded: and the 20. day of Iune 1609. inacted to stand for perpetuall lawes in all time to come: with most humble thanks to God for so wise & carefull a prince and ruler, and most earnest prayer for His most excellent Majesties long raigne in all prospetitie [sic]..; Laws, etc. Scotland.; James I, King of England, 1566-1625. 1609 (1609) STC 21892.7; ESTC S95076 13,099 18

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gaue so great grouth and strength to that bypast barbaritie as the slouth of magistrates in not suppressing the first seeds of these dissentions which being small and weak in the beginning for Peets turves devits fold-dykes poyndings neighborlie marches injurious words or light brawles were then easilie to be setled if diligence and authority had beene ioined for repressing thereof which being neglected by these to whom it appertained these light jarres and insolences did very oft kindle such flames of disorder dissention rank or and feed as in many yeeres with great streames of bloud desolation and ruine of great and auncient houses and races could hardlie be quenched For remeed whereof his Maiestie and estates foresaids Ratifies and approoues the former act made by his Highnes for abolishing deadlie feeds in everie head clause and artickle thereof And farther statutes and ordaines that in everie shyre within this kingdome there shall be yeerely appointed by his Maiestie some godlie wife and vertuous gentlemen of good quality moyen and report making residence within the same in such number as the bounds of the shyre shall require to be Commissioners for keeping his Maiesties peace to whō his Maiesty with advise of the Lords of his privie Counsel shal giue power commission to overse try prevent all such occasiones as may breed trouble and violence amongst his Maiesties subiects or forceable contempt of his Maiesties authoritie and breach of his peace and to command all persones in whom they shall see manifest intention to make trouble or disorder eyther by gathering together of ydle and disorderlie persones or by publict bearing or wearing of Pistolets or other forbidden weapons and such other riotous swaggring behaviour to binde themselues and finde caution vnder competent paines to obserue his Maiesties peace and for their compearance before his Maiesties Iustice or Lords of his privie Counsell to vnderly such order as shall be found convenient for punishing their transgressions or staying of troubles and enormities And if needs bees to require the dewtifull and obedient subiects of the shyre to concurre with them in preventing all such contemps and violences or for taking or warding of the wilfull and disobedient authors committers fosterers of these crimes disorders vnder such competent arbitrare paines as his Maiestie and Lords of his privie Counsel shall appoint for the offenders and such of the countrie as being required shall not giue their ready and afolde concurrance to his Maiesties commissioners in the premisses whereby the ordinare magistrates officers within the shyres may be the better assisted and their absence imployments or other impediments more commodiouslie supplied without derogation of their iurisdiction or want of readie comfort and iustice to the obedient subiects within the bounds thereof Ordaining also the saids commissioners to giue trew advertisement and information to the Lords of his Maiesties privie Counsell Iustice generall and his deputes his Maiesties Thesaurer and other magistrates and officers whom it effeires of the names of such faithfull and vnsuspect witnesses and assyssers to be sommoned in all crimes and disorders which shall happen to fall forth within the saids shyres as shall be knowne to be most meete and able for tryall and probation of the same and for eschewing that such as are either aged sicklie or vnable to travell or ignorant of the facts to be tryed be not vniustlie vexed or vnnecessarly drawne from their owne houses and effaires for matters wherein they are not able to give anie light Act of the apparelles of Iudges Magistrates and Church-men OVR Soveraine Lord and Estates of this present Parliament finding by daylie experiences that the greatnes of his Maiesties empyre magnificence of his Court fame of his wisdome and iustice and of the civilitie of his subiects hes already begun to allure divers foraine Princes and other strangers of all estates to make more frequent repaire to this country nor ever they did in anie preceeding age which resort of strangers will by all appearance both continue and dayly more and more increase and by them no doubt report wil go through al the world of the estate governement of the kingdome according to the order which they shal see observed within the same wherof the rules and good exemple flowing from the estates of Parliament and magistrates to the whole remanent subjects of the realme It is most necessare that such gravitie and comelines be vsed by the Lords and Commissares of Parliament and other magistrates in their apparell behaueor as may best deserue the good report and trew commendation of all Princes Noble men other strangers who shall haue occasion to see relate the same The respect whereof having induced his Maiestie to prescriue to the Nobility apparel for the Parliament becōming their honorable estate And vnderstanding that the remanent members of that high Court hes not cōformed themselues to like conveniencie neither yet that the course intended by his Maiestie for discharging noble men and gentle men to be elected Provosts and magistrates of burrowes whereof none should be capable but burgesses actuall trafickers and inhabitants of the saids burrowes hes taine such effect as is most necessare for preservation of the liberties good estate of the saids burrowes hindring the dissipation of their common good and perverting of their priviledges For remeede whereof his Maiesty with advise of the estates of his Hignes Parliament Statutes ordaines that no man shall in anie time comming be capable of Provostrie or other magistracie within anie burgh of this realme nor to be elected to any of the saids offices within a burgh but marchāts actuall trafickers inhabiting within the saids burghes allanerlie and no others And that the saids magistrates of burrowes to be hereafter elected and their commissioners of Parliament Shall haue and weare at Parliament conventions and other solemne times and meettings when the dignitie shall require it such comelie and decent apparell as his Maiestie shall prescriue convenient for their rank and estate whereby they may be decemed from other common Burgesses and be more reverenced by the people subiect to their charge And because a comelie decent orderlie habite apparell in the Iudges of the land is not onlie an ornament to themselues being a badge mark for distinguishing them from the vulgare sort but the same also breedes in common people that reverence and regarde that is dew and proper for men in these places And this beeing a custome vniversallie observed almost throgh all Europe The want whereof is much censured by strangers resorting in these parts The saids estates therefore vpon infinite proofes they haue of his Maiesties most singulare wisdome in all his directiones and of his gracious loue and affection to this his natiue kingdome Haue in all humilitie referred to his Highnes owne appointment The assigning of anie such severall sort of habite and vestiment as shall be in his Maiesties iudgement most
fitting proper as well for Lords of Session being the suprem● Iudges in civill actions as for all other inferior Iudges of the like causes as also for the criminall and Ecclesiasticall Iudges and for Advocates Lawyers and all others living by law and practise thereof that so everie one of these people may be knowen and dignosced in their place calling and function and may be accordinglie regarded and respected Attover his Maiestie and estares foresaids considering what slander and contempt hes arisen to the Ecclesiasticall estate of this kingdome by the occasion of the light vndecent apparell vsed by some of that profession and chiefly these having vote in Parliament It is therefore statute that everie Preacher of Gods word shall hereafter weare blacke graue and comelie apparell beseeming men of their estate and profession As likewaies that all Pryors Abbots and Prelates having vote in Parliament and speciallie Bishops shall weare graue and decent apparell agreable to their function and as appertaines to mē of their rank dignity place And because the whole estates humbly thākfully acknowledges that God of his great mercie hes made the people and subiects of this countrie so happy as to haue a King raigne over vs who is most godly wise and religious haring al erroneous and vaine superstition just in governement and of long experience therein knowing better then anie King living what appertaines and is convenient for everie estate in their behaviour and dewtie Therefore it is agreed and consented to by the saids estates that what order so euer his Maiestie in his great wisdome shall thinke fit to prescriue for the apparell of Churchmen agreable to their estate moyen The same being sent in write by his Maiestie to his Clarke of Register shall be a sufficient warrand to him for inferting thereof in the books of Parliament to haue the strength and effect of an act thereof with executorials of horning to be direct thervpon against such persons as within the space of fourtie dayes after the publication or intimation to them of the saide act or charges vsed against them therevpon shall not provide themselues of the apparell to be appointed by his Maiestie for men of their vocation and estate to be vsed and worne by them and their successors at the times and in manner to be expressed in the said Act to be made by his Highnes thereanent Act of skandalous speeches and libels OVr Soverain Lord foreseing that there is nothing so necessare for the perpetuall well quietnes of al his subiects of this monarchy as the furtherance accōplishment of the vniō of his two famous most ancient kingdomes of Scotland England whereof his Maiestie out of his fatherlie care of the peace and happines of his good faithfull people having most instantly earnestly solicited the perfection and by the assistance of the worthiest members of both kingdomes so effectuallie advanced the same as he hopes God willing in his raigne to see the wished end of that great work which in his royal person hes received so miraculous happy a beginning And nevertheles finding therein such malicious lettes as the divell his supposts doe vsually suggest to the hinderance of al iust godlie interprises Speciallie by the false calumnious brutes speeches writes craftily vttered dispersed by some lawles souleles people of this realm aswell in private conferences as in their meettinges at tavernes ailehouses playes by their pasquils libels rymes cockalins comedies such like occasions wherby they slāder maligne revile the people estate country of England and divers his Maiesties honorable Counsellors magistrates worthy subiects of that his Maiesties kingdome the cōtinuance wherof being able to incense the people of England to iust grief miscontentment may not only hinder the intended vnion of all the good subiects of this monarchie but stir vp in them such irreconciliable evil wil as with time might bring forth most dangerous harmeful effects For remeede preventing whereof his Maiesty remembring how straite severe punishment hes by the lawes acts of his most royal progenitors kings of this realme heretofore bene ordained to be inflicted vpon such as should devise or vtter false slanderous speeches writes to make dissentions between the Prince his subiects or raise sedition in the realme and considering that al such purposes writes as may breed disliking betweene the inhabitantes of the saids kingdomes of Scotlād Englād being now al become his Maiesties liege-people equally subiect and equally beloved of his Highnes Tends to most dangerous dissention sedition amongs his subiects Therfore his Maiesty with advise consent of the whole estates of this Parliament statutes and ordaines That who so ever shall hereafter by word or write devise vtter or publish any false slanderous or reprochfull speeches or writes of the estate people or countrie of England or of any Counsellour thereof tending to the remembrance of the ancient grudges borne in time of bypast troubles the occasion whereof is now happilie abolished by the blessed conjunctiō of the saids kingdomes vnder his Maiesties soveraignity obedience or to the hinderance of the wished accomplishment of the perfect vnion of the saids kingdomes or to the slander or reproch of the estate people or countrie of England or dishonor or prejudice of anie Coūsellor of the said king dome wherby hatred may be fostered intertained or misliking raised betweene his Maiesties faithfull subiects of this I le The authors of such seditious slanderous iniurious speeches or writes or dispersers thereof after tryall taine of their offence either before his Maiesties iustice or the Lords of his Highnes privie Counsell shall be severelie punished in their persons and goods by inprisonment banishment fyning or more rigorous corporall paine as the qualitie of the offence shall be found to merite at his Maiesties pleasure And all such as hearing or getting knowledge of anie such speeches or writes shal conceale the same and not reveile them to his Maiesties ordinare officers magistrats or Counsellors wherby the authors and dispersers thereof may be punished shal vnderly the like tryall paine Act anent fugitiue persones of the borders to the in-countrie FOrasmuch as the Kings Maiestie is resolved to purge the middleshires of this I le heretofore called the borders of Scotland England of that barbarous cruelty wickednes incivilitie which by inveterate custom was almost become naturall to many of the inhabitants thereof and to reduce them to the knowledge loue and feare of God reverence of his Maiesties authority obedience of his lawes and dutie to their nighbors For accōplishing of that most royall designe made chose of one to be Commissioner in these bounds whom by manie assured proofes in former imployments of greatest consequence his Maiestie knew to be indued with all qualities necessarie for so weightie a charge who following preciselie the rules of
for maintaining all things in better order and the restraining of vnlawfull divorcements too frequentlie practised within this realme to the high dishonor of God and slander of trew Religion His Maiestie with advise and consent foresaid hes statute and ordained that in the burgh of Ediburgh there shal be resident alwaies foure Commissares two to be nominate and appoynted by the Arch-bishop of Sanctandrois and two by the Arch-bishop of Glasgow who shal haue the onley power to decide in all causses of divorcement As likewise shal haue power of reduction of all decreets pronounced by any other Commissares to the hurt and prejudice of any of the lieges before whom it shal be onely lawfull to intend and persew reductions of inferiour Commissares their sentences and decretes in prima instantia And incace the saids Commissares to be appointed by the Arch-bishops of Sanctandrois and Glasgow as said is performe not their duetie the Lords of Session shall haue power to try cognosce and determine in the same and shall iudge vpon all decreets and sentences alledged to be wrongouslie pronounced by them And that because they are his Maiesties great Cōsistory to whom his highnes with advise of the saids estates Giues grants an high supreme commission for all such causses to iudge and determine of them in such caces And declares that it shall be lawfull to the saids Lords of Counsell and Session To advocate causses to themselues from anie of the Commissares vpon iust lawfull complaints made to them by anie of the subiects and not otherwaies Provyding alwaies that the said Session shall ever be readie to giue an accompt to his Maiestie that their advocations haue beene grounded vpon probable and lawfull grounds for the well of the subiects And that this foresaid act may be put in present effect his Maiestie with advise foresaid declares all former erections of Commissariates to be suppressed extinct from this foorth and for ever all constitutions that haue beene in former tyme of the same in what soever part of the realme the same hath bene erected and by what soever manner the same hes proceded acts of parliament secreet counsell and others made thereanent And in like maner discharges and annulles all presentations gifts or dispositions made by his Highnes to the Commissares present or to any other concerning the said commissariates and al rights acquired by them by decease dimission or how soever the same hes vaicked and all gifts and dispositions made in favors of their Clarks and members of court by whatsomever manner or order the same hes proceeded With this provision alwaies that the Commissares presentlie in office their clarks and other members of court who shall be authorized with testimoniall from the Lords of Session of their sufficiency qualification to their severall places and offices shall brooke and joise the same they alwaies receiving a newe presentation and gift of their offices from the Arch-bishops and Bishops of their dyosies where they serue betweene and the first day of December next to come Otherwaies if incace the saids Commissares and other members of court doe not produce the foresaid Testimoniall from the Lord of Session as said is It shal be lawfull to the Arch-bishops and Bishops to provide other sufficient persons to the saids places The restitution of the said jurisdiction alwaies to be with expresse reservation of his Highnes and his successors their prerogatiues and supremacy in all causses ecclesiasticall and civill within this realme Providing alwaies that this present act shall no waies be hurtfull nor prejudiciall to the heritable right of the commissariate within the bounds of Argyle pertaining to Archebald now Earle of Argyle but the same to stand in the same force strength and effect as it was before this present act And notwithstanding thereof or anie clause therin contened Prout de iure Act of the Commissioners of the peace FOrasmuch as among the infinite monuments and testimonies of his Maiesties trew pietie singulare wisdome sinceere zeale to justice and fatherly care of his people the estates of this Kingdome haue not found any bringing more deserved commendation and permanent renowne to his Maiestie or greater profit quyetnes and comfort to his Subiects nor his constant perseverance in his most religious and prudent resolution to extirpate the vngodlie barbarous and brutall custome of deadlie feeds which by the inveterate abuse of manie bypast ages was become so frequent in this realme as the subiects of greatest rank and qualitie vppon everie naughtie occasion of base and vnworthie contraversies of neighborhoode for turves fold-dykes furres or marches of lands foolish words or drunken discords betweene their meanest servants and dependers and anie other in the countrie did so readilie embrace the protection of their vnjust and vnnecessarie quarrelles as did manie times involue themselues and their whole friendship in most bloudy and mortall troubles which they did prosecute with such malice and crueltie as to the extreme perrell of their soules infame of their memoriall and overthrow of their owne and their adversaries houses Did distract the kingdome in opposite factions and manie times furnished matter of most pernitious seditious and civill warres The inconveniences whereof being manifestlie seene and sensiblie felt both by the Princes and people of this realme in many bypast ages and earnestly soght to haue bene remoued yet the corruption was so vniversall that the greatest part prevailing against the best that cruell barbaritie had both continuance and daylie increase vntill his Maiestie bending the excellent wisdome and rare graces of his royall minde wherewith God hes endewed him more aboundantlie then any King that ever did raigne in this Iland against that godlesse vnnatural and beastlie-custome did devise and establish a most godlie just and prudent law and ordinance for the course to be observed for removing vpon equitable and iust conditions the deadlie feeds which then stood in great number betweene the most powerfull subiects in this kingdome and their kinsmen assisters and partakers In the execution whereof God having miraculouslie assisted his Maiesties most holy iust intention after exceding great care and paines taine by his Maiestie in tryall of the originall causes of the saids discords the trew circumstances of the injuries and loses sustained by eyther party and in prescriving dew satisfaction to be indifferentlie made for redresse of al bypast harmes and wrongs his Maiesties admirable constancie hes so overcome all difficulties that the whole knowen feeds within the kingdome being now removed by perfite reconciliation iust contentment of all parties having interest therein his Maiesties whole subiects finds such ioy and happines in the sweet fruites of his wisdome and providence expressed in that cace That they earnestlie wish that his Maiestie who hes so carefully exterminate that abhominable pest of deadlie feeds may in his singulare wisdome finde meanes for ever to prevent the reviuing of that monster Wherein his Maiestie confidering that nothing