-FORCING
ON THE

TRIAL.

Set at liberty.

Except in one cafe.

Final fentence with

WELL. P., cafe he be detained after his former Imprisonment is fuf1701, c. 6, ficiently instructed to the Keeper of the Prifon, who, upon Production of the former Warrand of his Liberation from his Imprisonment for the fame Crime, fhall be obliged to let the Prisoner furthwith at Liberty, unless there be new Criminal Letters raised before the Commiffioners of Justiciary, and duely execute against the said Prifoner: In which cafe, it is hereby declared lawful to Imprison him of new, though the faids Letters be raised for the fame Crime for which he was formerly Incarcerat, and it fhall be lawful to apprehend and fecure him at the time of Imprifon executing the faids Letters, or at any time thereafter be ment anew. fore Tryal, and to detain him till his Tryal, or that he be fet at Liberty in the due Course of Law: And His Ma jesty, with Advice and Confent forefaid, Ordains His Majefty's Advocat to infift in the faid Lybel, and profecute the fame to a final Sentence, within fourty Days after the in 40 days. faid Prifoner is of new Incarcerat thereupon, unless the Delay be upon the Application or at the Defire of the Prisoner; wherein, if the Kings Advocat failzie, the Dyet Dyet de- is to be deferted fimpliciter, and the Prifoner ordained to be fet at Liberty from the faid Imprifonment: And the Process not being duely profecute as aforefaid, and the Dyet thereupon deferted, His Majefty, with Advice and Confent forefaid, Declares the Party Imprifoned a second time as aforefaid, to be for ever free from all Question or Process for the forefaid Crime or Offence; Providing al ways, That, in cafe of Imprisonment for Treason, the Pri IV, Excep- foner fhall not have Accefs to apply for prefixing of a Dyet for Procefs for fourty days after his Imprisonment, which are hereby allowed for preparing of the Process, after elapfing of which time, the Lords of His Majefties Privy Council, or Lords of Jufticiary, or any of them, are hereby required, upon the Application of the Prifoner, to iffue furth Precepts as in other Cafes: And in cafe of not infisting, or profecuting the Procefs as aforefaid, the Prisoner fhall be liberat upon fufficient Bail, to compear at any time, when called, within twelve Months, for his,good and peaceable Behaviour, in the mean time, the faid Baill not exceeding the double of the Baill in other Crimes; Defor debt, claring, That the Liberation provided by this present Act,

ferted,

for ever free.

tions.

Treafon.

Imprison

-EXCEP

&c.

is only to be understood from Imprisonments for the causes WILL. P. I, forefaid, and without prejudice of all perfonal Diligence, or Imprisonments for payment of Debts, or upon Sen- TIONS. tence, or for any other Causes than these above-exprest, in the fame way and manner, as was competent before the making hereof; And ficklike, it is hereby provided and declared, That this prefent Act is no ways to be extended to Colliers or Salters, and the fame is without Prejudice Colliers, or Derogation from former Laws, requiring Baill to be given by Chiftains, Land-Lords, or others in the Highlands; Referving likeways, Commitments, Imprisonments, and the Profecution of Thefts, Robberies, and Depredations in the Borders and Highlands, according to the former Laws and Customs, any thing in this Act notwithftanding, without prejudice alfo to Inferior Magiftrats, Judges, or Juftices of Peace and Conftables, to take Se- Breaches of curity of perfons for their good Behaviour, and keeping the peace. of the Peace, as they have been in ufe formerly to do, or to Imprison in order to Tryal, for Indignities done to the faids Inferior Magiftrats, Judges, or Juftices of Peace, or to Imprifon Parties Difobedient and Contumacious to Church Genfures, Vagabonds, and Masterful Beggers, or to Imprison for Riots, Bloods and Batteries, or perfons found Acting in Tumults, or for Drunkenness, Sabbathbreaking and Swearing, Uncleannefs, Pickeries, and Thiev- Beggars, ing; for which Gafes, or any of them, it shall be lawful fwearers, to proceed as formerly, the perfons Imprisoned having always his Relief by offering Baill, and demanding a Tryal as above, As alfo providing, That, in the Cafe of Imminent or Actual Invafion, Rebellion, or Infurrection, Commitments may proceed, by Order of the Privy Council, or any Five of their Number, upon Sufpicion of Acceffion thereto, without being lyable to any Penalty for the said Invafion Commitment, the Perfon Imprifoned having always his Relief for Tryal or Liberation as aforefaid. And His Majefty, with Confent forefaid, Statutes and Ordains, That the Pain of Wrongous Imprisonment fhall be fix thousand pound for a Nobleman, four thousand pound for a Landed Gentleman, two thousand pound for every other Gentleman and Burgefs, and four hundred pound for other perfons; And if any Prifoner be detained after elapfing of

&c.

V, Pains.

PAINS.

Noblemen,

landed gen. tlemen,

others.

VI, All confine

ments.

N° XXIX. WILL. P., the refpective days in manner above-prescribed, for ob1701, c. 6, taining his Liberty, the Judges, Magiftrats, or others wrongously detaining, fhall be lyable in the pains following, vix. Of an hundred pound for each day for a Nobleman, fixty fix pound thirteen fhilling four pennies for a Landed Gentleman, thirty three pound fix fhilling eight pennies for other Gentlemen and Burgeffes, fix pound thirteen fhillings four pennies for other perfons: And farder, burgefs, fhall lofe their Offices, and be incapable of publick Truft, by and attour the pains above-specified, and the penalty to belong to the Party Imprisoned, and Process to be competent for the fame before the Lords of His Majesties Privy Council, or before the Lords of Council and Seffion, to be difcuffed by them fummarly, without abiding the Course of the Roll; And it is hereby declared, That the above Penalties fhall not be modified by any Power or Authority whatsomever. And His Majesty, with Advice and Confent forefaid, extends this Act for preventing of wrongous Imprisonment to the Cafe of all Confinements, not either confented to by the Party, or inflicted after Tryal by Sentence; And farder, difcharges all clofs Imprisonments beyond the space of eight days from the Commitment, under the pains of wrongous Imprisonment above-fet-down. VII, Tranf- As alfo, That no Perfon be Tranfported furth of this Kingportations. dom, except with his own Confent given before a Judge, or by Legal Sentence, certifying Judges and Magistrats, and all others, who fhall give Order other ways for the faid Transportation, as likeways, all fuch who fhall Tranfport any perfon without a lawful Warrand from a Judge or Magiftrat, That he fhall be lyable to the forefaid pains of Wrongous Imprisonment, as alfo of being deprived, and declared incapable of all publick Truft. And His Majefty, with Advice and Confent forefaid, Enacts and VIII, Pre- Declares, That Action and Procefs for Wrongous Imprifonment shall prescrive, if not purfued, within three Years after the last day of the Wrongous Imprisonment; And Procefs being once raised, the fame fhall prefcrive, if not infifted in yearly thereafter. And it is hereby Statute and Ordained, by Advice and Confent forefaid, That no Member of Parliament attending, fhall be Imprifoned or Confined, upon any Account whatfomever, during a Seffion of Parliament, without a Warrand of Parliament, referving

-PARLIA

to the High Constable and Marischal their Priviledges and WILL. P. I, Jurifdictions in the time of Parliament as formerly; And 1701, c. 6, alfo providing, That if any Member fhall happen to Com- MENTARY mit a Capital Crime, or if there be a manifeft hazard of PRIVILEGE the Peace, any Magiftrat may attach for fecuring of the Perfon or the Peace, and deliver the Perfon to the Cuftody of the High Conftable, in Order to the Parliament's Cognition the next Sederunt.

No. XXX.

JAMES I, 1424, c. 7. Sorrares or companies over-lyand POOR-LAWS the Kingis Lieges, fuld be arreifled, and satisfie the King and Partie. ITEM, The Parliament ftatutis, and the King forbiddis, That na companies paffe in the Countrie, to lye upon onie the Kingis lieges or thig or fojourne Sornares, horfe outher on Kirk-men or hufbands of the land: And or mafterful beggers. gif onie complaint be maid of fik trefpaffoures to the Shireffe of the Land, that he arreift fik folk, and challenge them, and taxe the Kingis fkaith upon them: And gif they be convict of fik trefpaffe, that they be punished, and finde burrowes till affyith the King and the partie complainand. And gif fik perfons takis ony fkaith in the arreifting of them, it fal be impute to themfelfes. And in cafe that na complaint be maid to the Shireffe, the Shireffe Punishfall inquire at ilk head court that he haldis gif onie fik faultoures be within his Schireffdome. And gif onie beis founden, that they be punished, as is before written.

ment.

No. XXXI.

fered to

JAMES I, 1424, C. 25. Of the age and marke of Beggers, and of Idle men. THE King hes statute be confent of the haill Parliament ripelie advised, that na Thiggeres be Who fufthoiled to beg, nouther to Burgh nor Land-wart, betwixt beg. fourteene and threefcore ten zeires, bot they be feene be the councelles of the Tounes, or of the Lande, that they may not winne their living uther waies. And they that

JAMES I,

-POOR

LAWS.

fal be thoiled to beg, fall have a certaine takin on them to 1424, C. 25, Land-wart of the Schireffe: And in the Burrowes, they fall have takin of the Alder-men, or of the Baillies. And all uther perfones havand na takins, nouther of lande, nor of Burgh, fal be charged be open Proclamation, to labour and paffe to Craftes, for winning of their living, under the paine of burning on the cheike, and banishing of the Countrie.

No. XXXII.

JAMES I, 1424, c. 27. Reformation of Hofpitalles.ITEM, Anent Hofpitalles that ar founded of Almous deedes, throw the Kinges, to be uphalden to puir folke, and feik; to be vifited be the Chancellar, as they have bene in the Kingis progenitoures times. And they that ar founded be Bishopes or uther Lords Spiritual or Temporal, to be vifited be the Bishop and Ordinars, quhom it effeiris to, and reduce and reforme them to the effect of their first foundation.

Who al

lowed to

beg.

1

No. XXXIII.

JAMES I, 1424, c. 42. The age, marke, and paine of Beggers. ITEM, It is ordaned that na Thigger be thoiled to begge, nouther to Burgh nor land, betwixt fourteene and threefcoir and ten zeiris, but they be feene be the Councell of the Commounes of the Countrie, that they may not win their living utherwaies. And they that fa beis founden have a certaine takinne to Landwart of the Schireffes, and in Burrowes of Alder-men and Baillies, and that under the paine of burning on the cheik, and banishing off the Countrie. And that in everie Burgh out throw the Realme, the Chalmerlaine fall inquire in his aire zeirlie, gif the Alder-men and Baillies, hes keiped the act, and the forme of the ftatute. And gif they have broken it, they fall be in fiftie fhillings to the King. ITEM, The Schireffes failzieng of the keeping of the faid act, to be punished in likewife.