Selected quad for the lemma: justice_n
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A58754
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A proclamation for securing the peace of the High-lands Edinburgh, the tenth day of October, 1678.
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Scotland. Parliament.
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1678
(1678)
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Wing S1913; ESTC R35165
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9,014
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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
A PROCLAMATION For securing the PEACE OF THE HIGH-LANDS Edinburgh the tenth day of October 1678. C R HONI SOT QUI MAL Y PENSE EDINBVRGH Printed by the Heir of Andrew Anderson Printer to His most Sacred MAJESTY 1678. A PROCLAMATION For securing the Peace of the Highlands Edinburgh the 10 day of October 1678. CHARLES by the Grace of GOD King of Great Britain France and Ireland Defender of the Faith To _____ Macers or Messengers at Arms Our Sheriffs in that part conjunctly and severally specially constitute and to all and sundry whom these presents do or may concern Greeting Forasmuch as the quieting of the Highlands and Isles and the dutiful and peaceable carriage and deportment of the Inhabitants within the same is of great concernment not onely as to the peace and interest of the Shires and Bounds where they live being a large and considerable part of Our Kingdom but also of the neighbouring and adjacent Countries and Shires which ly open and are subject to the incursions depredations and the barbarous cruelty and oppression of Theeves Sorners and broken men when the Highlands are in disorder And upon the consideration foresaid We and Our Royal Ancestors have been most careful to preserve and secure the quiet and peace of the said Highlands and Isles and in order thereto from time to time with advice of the Estates of Parliament and of their Privy Council have made and emitted divers good Laws Statutes Acts of Parliament and Council Proclamations and Orders and in special by the ninety two Act of King James the sixth in his eleventh Parliament Our Roal Grandfather of blessed memory entituled Anent the quieting of disordered Subjects Inhabitants of the Borders Highlands and Isles It is statute that a certain time shall be set apart by the Lords of Privy Council to receive hear and answer all complaints concerning the disordered and troublesome Subjects inhabitants of the Highlands and attempts committed by them upon Our good and peaceable Subjects of the In-countrey and that a particular Register be keeped of all things that shall happen to be done and directed in matters concerning the quietness and good rules of the Highlands in manner contained at length in the said Act. And by the ninety three Act of the foresaid Parliament it is statute that all Landlords and Bailiffs in the Highlands where broken men have dwelt or do dwell should be charged to find sufficient caution and soverty landed men in the In-countrey under the pain of rebellion in manner after-mentioned That is to say If any of their Men-tennents Servants or Indwellers upon their Lands Steedings Rooms and Possessions or within their Baileries shall commit any masterful reef theft or resset of theft depredations open and avowed fire-raisings upon deedly feeds That the Landlords and Bailiffs upon whose Lands and in whose Jurisdiction they dwell shall bring and present the persons complained upon to justice to abide tryal and underly the Law for the same and that the saids Landlords and Bailiffs shall satisfie the parties skaithed and grieved in manner therein mentioned And likewise that the Landlords and Bailiffs concur fortifie and assist others in removing all persons disobedient to Our Laws or fugitives therefrom out of their Lands and Possessions And in case any refuse to concur to the effect foresaid that it shall be lawful to pursue the person refusing and his Cautioner for redress of the skaith sustained by the party hurt and the Landlords and Bailiffs to have their relief of the person refusing And in case any person Landlord or Bailiff receive or resset any person fugitive after the committing of the crime upon their Lands and stayes and arrests them not when they pass through their bounds with any other mens Goods reft or stollen that they shall be holden to bring and present the person offending to Justice and to satisfie and redress the parties skaithed in manner therein contained And that the chief of the Clan in the bounds where broken men dwells and through which they repair in their passing to steal and reeve or returning therefrom shall be bound to make the like stay and arrestment as the Landlords or Bailiffs and shall be subject to the like redress and action criminal or civil in case of their failzie or negligence as the said Act of Parliament containing divers other Heads and Articles to the same purpose at length bears Likeas in the foresaid Parliament Anno one thousand five hundred and eighty seven years divers other Laws and Acts of Parliament are made and enacted to the same purpose as appears by the hundred Act entituled The manner how Goods taken away may be repeated and the hundred and two Act of the said Parliament entituled Dittay should be taken up anent black-mail and by the hundred and third Act Landlords and others should present Trespassers to Justice and by the hundred and ninth Act of the said Parliament whereby it is statute that such interposed persons as take upon them to sell the Goods of Theeves and disobedient Persons and Clannes that dare not come to publick Mercats in Low-lands themselves where-through the execution of the Acts made against Sorners Clannes and Theeves is greatly impeded shall be punished in manner therein contained Likeas by the two hundred and twenty seventh Act of King James the sixth Parliament fourteenth Anno one thousand five hundred and ninety four entituled For punishment of reef theft oppression and sorning it is statute that there may be a perfect distinction by names and surnames betwixt these that are and desire to be esteemed honest and true men and these who are and are not ashamed to be esteemed Theeves Sorners and Ressetters of them in their wicked and odious crimes and deeds That therefore there be a Roll and Catalogue made of all persons and the surnames therein mentioned suspected of slaughter theft reef resset of theft or theeves or sorners in manner therein mentioned And that all Landlords and Bailiffs be charged to find Soverty to make their Men-tennents and Servants answerable to Justice and to redress parties skaithed and that the Chieftains of Clannes and principal of the Branches and Housholders thereof be charged for the relief of the Landlords in manner therein contained And that no Landlord set his Land nor suffer the same to be possest by any person that being of a Clan finds not soverty to relieve his Landlord and if the Landlord shall not take the said soverty that he shall be answerable to the party grieved criminally or civilly as if he had done the deed himself And that none of the saids Clannes or other broken men their Wives Bairns Heirs Executors or Assignayes shall have action criminal or civil against whatsoever persons for ejection spuilzie slaughter or fire-raising or other alledged violent deeds committed against them by any of Our Lieges except they instruct with their Summons that the persons alledged hurt spuilzied flain or ejected was Our free Liege man the