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A58754 A proclamation for securing the peace of the High-lands Edinburgh, the tenth day of October, 1678. Scotland. Parliament. 1678 (1678) Wing S1913; ESTC R35165 9,014 12

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time of that deed and had found soverty to be answerable to Justice for relief of his Landlord and to redress parties skaithed and that every Thier and Sorner shall be esteemed the man and Servant of him of whom he hath his Land in tillage or pasturage or whom he accompanies at conventions gatherings or at violent deeds or upon whose ground the Thief Reever or Sorner is resser and tarrieth twelve hours together with the knowledge of the Landlord being of power to apprehend him or who hath received Bond of Man-rent or who hath given Bond of maintainance to Theeves and Sorners or receive their caulps and herzelds or who hath had the saids Theeves and Reevers under their assurance as the said Act of Parliament containing divers other clauses at length bears Likeas by the sixth Act of the second Session of Our first Parliament entituled Act for suppressing of Thefts Robberies and Depredations It is statute that whensoever any oppression Hereships Thefts or Depredations shall be committed within any part of this Kingdom the Owner of the Goods away taken shall immediately give intimation thereof after the taking away of the same by himself or some in his name to the Sheriff of the Shire or his Deputes or any of Our Justices of Peace or Constables within the Paroch out of which the Goods are taken who upon intimation foresaid are immediately ordained under the pain of being lyable for the restitution of the Goods away taken or the value thereof to command all fensible persons to concur in the pursute of the saids Goods and away takers thereof under the pain foresaid if they disobey And if the saids Theeves and Robbers shall happen to pass through or rest in any other Paroch where the Justices of Peace Constables and Heretors are able to stop and oppose the carrying away of the saids Goods In that case Our said Justices of Peace Constables or Heretors are ordained to make opposition and seize upon the Goods and Drivers thereof and to restore the saids Goods and to deliver and secure the away takers of same that they may underly the Law And if the committers of the saids Crimes be so numerous and powerful that they cannot be stopped by the Inhabitants of the said Paroch then and in that case the whole fensible persons are oblieged by the said Act under the pain foresaid to rise in Arms and pursue them and require all the fensible persons in any other Paroch they shall happen to pass through to joyn with them under the pain and to the effec foresaid And if the pursuer of the Goods after all his utmost endeavours be not able to recover the same and apprehend the away takers the Heretors Wodsetters and Fewars of the Paroch where the Goods shall be found to be disposed of or sparpelled are to be lyable for the value of the saids Goods according to their several Interests And farther by the foresaid Act it is statute that the In-bringer of every Robber and Theef after he is out-lawed and denunced Fugitive shall have two hundred pounds Scots for every Robber and Theef so in-brought as the said Act proporting divers other Clauses at length bears And whereas the Lords of Our Privy Council in pursuance of the foresaids Laws and Acts of Parliament have found it necessar that not onely the Landlords and Chieftains of Claunes shall give Bond and Caution for the security of the Peace and quiet of the Highlands But also that the Heads of the several Branches of Families of these Clannes shall give the like Bond and Caution themselves and for all they are lyable and obliegded to answer for by the Laws and Acts of Parliament as also for all these of their name descended of their Families And albeit Our saids Laws and Acts of Parliament be many and most ample and effectual to the intent foresaid for quieting and securing of the peace of the Highlands and Isles and yet standing in full force yet the Inhabitants and broken men within the saids bounds being inured and accustomed to liberty and licentiousness upon occasion of the late troubles and by reason that during the same theforesaids Laws have not been observed and put in execution do still presume to sorn steal and oppress and to commit other insolencies and disorders to the contempt of Our Authority and to the great hurt prejudice and discouragement of Our good people and Subjects Therefore We with advice of the Lords of Our Privy Council have thought fit to declare Our Royal intention and resolution that the foresaids Acts of Parliament abovementioned and all other Laws and Acts of Parliament and Acts of Council made for quieting the Highlands and Isles and for preventing repressing and punishing disorders within the same shall be carefully observed and put in execution against all persons of whatsomever quality who shall be found to have contraveened or shall hereafter contraveen the saids Acts or any Head or Article thereof assuring all Our good Subjects who shall find themselves wronged or grieved by any person or persons Inhabitants within the Highlands and Isles and that upon application to the Lords of Our Privy Council they shall have Justice done to them with all expedition and reparation and redress conform to Our Laws and Acts of Parliament and that the Lords of Our Privy Council will interpose their Authority that the Sentences and Decreets that shall be given and pronounced in favours of the saids persons either by the saids Lords of Our Privy Council or by Our Justice General or by any other competent Judicatory for any wrong crime or oppression that shall be committed against them by any of the Inhabitants within the bounds foresaids shall receive vigorous and-speedy execution And in pursuance of Our Royal resolution We with advice foresaid have ordained that all Landlords and Bailiffs in the Highlands shall be charged to find sufficient caution and soverty landed men in the In-countrey to the contentment of the Lords of Our Privy Council that they for themselves and all these for whom they are lyable and oblieged to answer by Our saids Laws and Acts of Parliament shall keep Our peace and that they shall not invade trouble nor oppress any of Our Subjects in their Persons Lands Possessions Goods nor Geer but by order of Law and Justice and that they shall be answerable to Justice and satisfie parties skaithed conform to the Laws and Acts of Parliament and under the pains contained therein and also under such pecunial pains to be paid for Our use as shall be appointed by the Lords of Our Privy Council to be insert in the Letters to be directed against them And We have ordained Letters to be directed against the saids Landlords and Bailiffs charging them to find the said caution under the pain of rebellion And for relief of the Landlords and Bailiffs who have found or shall find the soverty foresaid Letters are ordained to be directed charging such persons in special as the