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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B05386 Letters of publication, of a commission under the great-seal: anent the security of the peace of the highlands of Scotland. Scotland. Privy Council.; Scotland. Sovereign (1649-1685 : Charles II) 1682 (1682) Wing S1514; ESTC R183077 6,692 16

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at their Dwelling-houses and Mercat Cross of the Head Burgh of the Shire where they dwell with Power to Our saids Commissioners or any three of them which is declared to be a quorum to affix and hold Justice Courts at such times and places as they shall think most fit and expedient to Create Fiscals Serjeants Dempsters and all other Members of Court needful except Clerks who are to be appointed by the Justice-Clerk wherein if he failȝie Our saids Commissioners or their quorum are impowered to choise their own Clerks with power to Our saids Commissioners or their quorum to cite Witnesses to call persons to pass upon Inquests out of any six Paroches adjacent to the place where they hold their Court absent Witnesses and Assizers to Unlaw and amerciat the Unlaws and Amerciments to uplift and execute to be applyed by Our saids Commissioners for defraying some part of the Expenses and Fees of the Commissioners and Members of Court and in the saids Courts to call the persons either cited and not imprisoned or imprisoned as guilty or suspected to be guilty of the foresaide Crimes or any of them And to declare such as are absent Fugitives from Our Laws and to issue forth their Precepts for Denouncing them Our Rebels and putting them to Our Horn and ordaining all their Moveable-goods to be Escheat and in-brought to Our use for their contempt and disobedience and such as shall compear or be brought before them as Prisoners to put them to tryal and the knowledge of an Assize and according as they shall be found Innocent or Guilty that they cause Justice be done upon them conform to the Laws and Acts of Parliament of Our said Realm providing alwayes that when any Landed-man is cited or brought before Our saids Commissioners as guilty or suspected to be guily of the said Crime of Theft or resset of Theft if he compear and be put to the knowledge of an Inquest Our saids Commissioners before pronouncing of Sentence shall be oblieged to report the State of the Process to Our Privy Council that they may give such Direction therein as they shall think fit but if they compear not and be declared Fugitives that their Moveables shall be intremetted with and Escheated as other Fugitives And Do hereby give Power and Commission to Our Commissioners in the respective Shires aforesaid to intromet with receive and uplift the Escheat-Goods of such as shall be declared Fugitives in the said respective Shires the two parts whereof are to be applyed for defraying the Expenses of Our Commissioners and Members of Court in the Execution of Our said Commission and a third part thereof to be payed to Us With Power to them to nominat and appoint Collectors for uplifting of the same for whom Our saids Commissioners shall be answerable that they shall make count reckoning and payment of Our said third part And do ordain Our saids Commissioners living within the Shires of Caithness and Sutherland Item these living within Ross Inverness Cromartie Nairne and Elgine Those within Bamff Aberdeen Kincardine and Forfar And those living within Pearth Striveling Dumbartoun and Argile to meet at least twice in the year viz. once upon the second Tuesday of October and once upon the first Tuesday of June yearly and that the place of meeting of Our Commissioners of the said Shire of Sutherland and Caithness these two dayes be at Lochnaver The place for Ross Inverness Nairne Elgine and Cromarty at the head of Lochness The place for the Commissioners of Bamff Aberdeen Kincardine and Forfar at Kincardin of Neil The place for the Commissioners of Pearth Striveling Dumbartoun and Argile to be at the Kirk of ●●●●bidder At which places and times Our saids Commissioners shall be oblieged to stay and keep together at the least for the space of two dayes for doing of Justice without prejudice to these Commissioners to meet oftener or any three of them to meet at any other time and place they shall think meet for holding of Courts Or for the Commissioners of any Shire to meet with the Commissioners of any other Shire as they shall think expedient And with Power to Our saids Commissioners or any one or more of them in case of Convocations or open Depredations to call and require Our Leidges to their Assistance and give Warrant to pursue any Fugitives to any place within the said Shire for apprehending them and presenting them to Justice As also to require all Sheriffs Stewarts Bailȝies of Royalties Regalities and Barrones to be aiding and assisting to them therein as they shall be required by Our saids Commissioners or any one or more of them for apprehending Fugitives and rescuing and recovering Goods taken by Herships and De●●●dations wherein they are not to fall as they will be answerable upon their Duties and Offices And the saids Sheriffs and other Judges Ordinary are ordained not only to give Concurrence and 〈◊〉 to Our saids Commissioners as they shall be required but to 〈◊〉 them Prison Houses in Burghs and Court-houses or keeping their Meetings And upon all occasions the saids Sheriffs and Magistrates of Burghs Royal are hereby differed to receive any Prisoners sent to them by Our saids Commissioners or any one or more of them with a Mittimus under their hand for that effect and to keep and detain them in sure Prison untill they be brought to a Legal Tryal or dismissed by Order of any three of the Commissioners in Writ And the Commissioners of the several Shires shall be oblieged to give their concurrance when they shall be required by any one of the Commissioners against any Person who is Condemned or declared Fugitive by any Quorum of their number And if they shall happen to the out of all the foresaid Shires They are to acquaint the Judges Ordinary of the Shire to which they flie who are hereby Ordained to apprehend or pursue them out of their Jurisdiction And to the effect such Transgressours may be 〈◊〉 known The Commissioners who declare any Fugitive shall make intimation of their Names and Designations to the Sheriffs of the next adjacent Shires of the Place where such a Court is holden and the Sheriffes are to cause Intimate the same at the Paroch Churches within their Respective Jurisdictions That no Person presum to Resset Supply or Harbour them And doe hereby appoint That the Clerks of the Respective Courts shall give accounts to the Clerks of Our Privy Council what Persons are Condemned what Fines are imposed what Persons are declared Fugitives what Escheats are fallen and the Value thereof And that twise in the Year viz. Once in the Moneth of August and once in Moneth of December That Our Privy Council may know the Condition of these Shires and what diligence Our saids Commissioners use in the Prosecution of Our said Commission upon stealling of any mans Goods and Addresses made by the Parties Injured or any in their Name to Our said Commissioners or any one of them for