ERS AND CONSTA JAMES VI, ceed against the delinquent, The faid Juftice fhall receive 1617, c. 8, furety of the faid party, who required the defender to be deP. 2, POW livered to him, that Juftice fhall be duely miniftred, and DUTIES OF caufe delivery of the faid perfon, be made to him. Alwayes the faid Commiffioner of Peace, at the next Seffions, fhall certifie the whole matter to the Bench: to the effect they may enquire whether Juftice hath accordingly been miniftred and if any fault be found, to advertise his Majefties Counsel, that order may be taken therewith. BLES. Every perfon must affift the constable. What per fons the conftable may arreft. Threats of the peace. VII.-ANY of his Majeftie's Subjects of the degree of Yeomen, who fhall refufe or delay to concurre with the Constable in the executing of his office, fhall be imprisoned and punished by the Commiffioners and Juftices: and if he be of an higher degree and quality, the Conftable fhall inform the Juftice thereof, that they may make the Lords of Privy Councel acquaint, whom the Eftates ordaines to cenfure the offender according to the quality of the fault. VIII.-A CONSTABLE fhall arreft any person of the degree of a Yeoman, who fhall be found wearing Hagbuts, Piftolets, and Dagges, and fhall carry them before a Commiffioner of Peace, who is either to take furety for their ap pearance the next Seffion, or commit them prifoners till they do the fame: but if the perfon be of higher quality, the Conftable fhall informe the Juftice thereof, who fhall delate the fame to his Majefties Counsel, that order may be taken therewith. IX.-IF any party of the degree of Yeomen, do combreaking plain to a Conftable, that he is threatned by any other, then fhall the Conftable apprehend the Threatner, and cary him, with the party complainant, before the next Commiffioner of peace and if he refufe to go, then fhall they carry him to prifon. And if he be of an higher degree, the Juftice being informed thereof, fhall informe the Counfel, and in the mean time, charge the party to bind to the peace. X.-ALL the Conftables, at the leaft one of every Paroch, instructed with commiffion to answer for the rest within the faid Paroch, fhall attend at every Quarter-Seffion, there to give information of all fuch mifdemainours as have happened in those bounds fince the laft Seffion; and otherwayes to give to the Bench further fatisfaction in any thing Attending wherein they fhall be required; and to receive from the faids Commiffioners, at the end of the Seffion, such orders the quarterfeffion. and directions as they fhall then injoyne, and appoint them JAMES VI, to doe. 1617, c. 8, XI.-UPON the appearance of any Fray or ftir betwixt parties, the Constable may take the alfiftance of his neighbours, for fundring of the parties: and if there be any harme CONSTAdone to the Conftable, or any of his affiftance, by them who BLES. made the effray, they fhall be punished by the Justices at the next Seffion, they being of the quality of Yeomen, and being of ane higher quality, the Counfell fhall be informed thereof, as faid is. XII.-WHEN any hath made ane effray, and then flees to May he folan house, the Conftable may follow to the house, and if the low the afdoors be fhut, he fhall take notice of the mafter of the frayer beyond his houfe, and require witneffe thereon. And albeit the delin- bounds. quent fhall flee further without the bounds of the Constables charge, yet may the Constable follow, and apprehend him in a freth purfuite, and crave concurrence of the Country to that effect. XIII. THE Conftables within every Parochine, fhall be Executers of the precepts and warrands of the Juftice of Peace. XIV. CONCERNING the Fees and fatisfaction to be given Fees of conto the Conftables and Clerks for their paines: OUR Sove- ftables. raigne LORD, with advife forefaid, ordeines the faids Juftices to give up particular NOTES in writ to the Auditors of his Majefties Checker, of the fines inbrought to them, that out thereof fuch measure and fatisfaction may be appointed and given to the faids Clerks and Conftables, as may recompence their travels, wherein if it fhall be found that the faids fines will not be fufficient, the faids Lords of his Highneffe Checker, shall appoint fuch further fatisfaction to them, as in their discretion they shall think their labours and diligence doth deferve, and cause them to be payed of the fame. AND notwithstanding of this above-written Act, and all Refervation the particulars forefaids contained in the fame: OUR So- in favour of former juveraigne LORD, with the advise and confent of the faids rifdictions. Eftates, ftatutes, decernes, and declares, That neither the erection of the faids Commiffioners and Juftices of Peace, and grant of Jurifdiction and Priviledges to them, nor the making or approbation of the particular Articles above-written, introduced in their favours, nor any thing therein con ERS AND CONSTA JAMES VI, tained, shall be in any fort derogatory or prejudicial to the 1617, c. 8, Rights, Priviledges, or Liberties granted and bestowed by P. 2, POW His Majefty, or his Highneffe Royal Predeceffours of before DUTIES OF to any of His Majefties Subjects, of whatsoever Eftate or quality, from the highest to the lowest: But declares, that the faids Rights, Priviledges, and Liberties, fhall remaine in their own integrity fafe, and intire, and unhurt, or prejudg ed by the premiffes or any thing expreffed in the faids Articles, and every one of them, and are holden as specially referved and excepted out of the fame. BLES. AND least this above-written reservation fhould feem altogether to destroy the power, granted to the faids Juftices, or fhould beget controverfies betwixt them, and any other having right or liberty of Jurifdiction, as faid is: OUR SOVER AIGN LORD, with advise forefaid, for removing of all question, which may arife betwixt them thereanent, declares, that it shall not be lawfull, nor permitted to the faids Juftices, to make any citation of party before their Court, till the expiring of the fpace of fifteen dayes, after the committing of the fact, for which the committer is to be conveened, at the compleat out-running of which space, if any having power and jurifdiction, as faid is, hath omitted and neglected to use and exerce the priviledge and liberty of their right and power, it fhall then be lawful to the faids Juftices, to make citation, and to proceede against the parties, according to the power and authority given to them by his Heighnes, with advise forefaid, and conform to the particular Articles above-written, in all poynts, and no other wayes. WHICH all and fundry the premiffes, O U R Soveraign LORD with advise and confent forefaid, ratifies and approves, in all poynts in manner as the fame proports, and gives unto them the ftrength and force of Acts and Ordinances of Parliament, and ordeins execution to pass upon the fame as effeirs. No. VI. CHARLES I, ft Parliament, 1633, Ch. RATIFICATION OF THE ACTS MADE IN FAVOUR OF THE JUSTICES OF peace, and THEIR CONSTABLES; AND COMMISSION TO THE LORDS OF SECRET COUNCIL THEREANENT. OUR SOVERAIGNE LORD, and Estates of Parliament, ratifie, approve, and confirme the eight Act of the twentie two Parliament, holden by King J A MES the Sixth of Eternal memorie, Intitulate, [Anent the Juftices for keeping of the Kings Peace, and their Conftables.] In the whole Heads, Articles and Claufes therein contained, admitting the generalitie hereof to be als valide and fufficient, as if the fame were all herein per expreffum ingroft. Attour his Majeftie, and Eftates forefaid, give full power, authoritie and commiffion to the Lords of his Majesties Privy Council, to fet down and impose penalties upon fuch of the Juftices of Peace as fhall not keep and obferve the diets prefixed for their feveral and particular meetings. And with power likewife to the faids Lords of privie Council to enlarge and amplifie the power and authoritie of the faids Juftices of Peace, if they fhall finde it neceffarie and expedient; and that they fhall decrete and determine thereanent, finde and declare that the fame fhall have the force, ftrength and power of an Act of Parliament. No. VII. ACT XIIII, ANENT JUSTICES OF PEACE, 29th JUNE 1649. Being the 14th Act of the 3d Session of the 2d Triennial Parliament of Our Sovereign Lord Charles II, by, &c. holden at Edinburgh, beginning 23d May, and ending 7th August 1649a. THE Eftates of Parliament confidering how neceffary it is for the peace and good of the kingdom to have Juftices of * From the volume, intitled, "Re- is prefumed to have commenced on "fcinded acts," it is defcribed as the his father's death. parliament of Charles II, whofe reign peace again established in the feveral fhires and jurisdictions of this realm of Scotland; therefore, they have renewed and ratified, and by these presents renews and ratifies the act of Parliament made anent Juftices of peace and their Conftables, in anno 1617, and conform thereto, have nominate and appointed, and nominate and appoints to be Juftices of peace within and gives and grants full power to them to discharge that office, and miniftrat juftice thereuntil, impofe, exact fynes from delinquents, and do every other thing according to the power mentioned in the act of Parliament 1617 years, and to the ends therein specified; and in respect that, by the forefaid act of Parliament 1617, the Juftices of the peace are appointed to make accompt to the Exchequer of the forefaid fynes, and the Exchequer to modify and grant fees to the conftables for their pains and expences, and for the other charges whilk will neceffarily be given out in the difcharge of their commiffions, which have been a mean and occasion in time past to make the forefaid act ineffectual and useless: therefore, the faid Eftates of Parliament have repelled and refcinded, and repels and refcinds that part of the act in anno 1617, anent the making accompt to the Exchequer of the forefaid fynes, with the power granted by the said act to the Exchequer for modifying the faid fees and expences to the faids conftables; and the faid Estates of Parliament grants power to the faid Juftices of peace to allow fuch neceffary charges and expences out of the faid fynes as they fhall find expedient for advancement of the service; and ordains them to be compt able to the Parliament or Committee of Eftates for the fame; and because there are fundry articles in the forefaid act 1617 that neceffarily requires to be rectified, which now cannot be conveniently done by the Parliament, therefore they have recommended, and recommends seriously to the Committee of Eftates to rectify the faid articles as they fhall find them juft and neceffary for the good and peace of the kingdom. And in the meantime, while the famen be ratified, they have ordained, and ordains the forefaid Juftices of peace to act and proceed in the discharge of their office according to the forefaid act as it stands in anno 16:7, and thereafter to act and doc accordingly as the act fhall be rectified. |