Behold, he cometh with clouds; and every eye shall see him, and they also which pierced him.—Rev. 1.7

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ONCE FAVOURED WITH THE LIGHT OF THE
GOSPEL OF
JESUS CHRIST,

King of Kings, and Lord of Lords.

Thou camest down also upon mount Sinai, and spakest with them from heaven,
and gavest them right judgments, and true laws, good statutes
and commandments... But they and our fathers dealt proudly,
and hardened their necks, and hearkened not to
thy commandments
.—Nehemiah 9.13,16.

Nation:Scotland
Reign:James VI
Parliament:The First Parliament of King James the Sixth (1567-12-15 — 1567-12-29)
Session:Only Session of the First Parliament of James VI

21. Anent thieft, and receipt of thieft, takin of prisoneris be thievis, or bandis for ransomis, and punishment of the samin.

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21. Anent theft, and receipt of theft, taken of prisoners be thieves, or bonds for ransoms, and punishment of the same.

ITEM, Anent the Artickle proponed be the Barronnes, Free-halderis, and Inhabitantes of the Schirefdomes of Selkirk, Roxburgh, Lanark, Peblis, Dumfreis, Edinburgh, and utheris inhabitantis of the remanent Schires of this Realme: beirand, that it is not unknawin of the continual thieft, reif, and oppression, committed and done, within the boundis of the saidis Schirefdomes, be thieves, traitouris, and utheris ungodlie persones, havand nouther feare of GOD nor man, and speciallie in thir troublis be receipteris, fortifieris, and mainteneris of the saidis evil given personis, amangis the inhabitantis and indwelleris of the saidis Schirefdomes respectivè, within divers partis of the samin, quhlik is the chiefe cause, and fortification of the said thieft. And siklike, that the thieves, and broken men, inhabitants of the saidis Schirefdomes, and utheris boundis of the marches of this Realme, foirnentis the partis of England, not onlie committis daylie thiftis, reiffis, heirschippes murtheris, and fyre raysings, upon the peaceable subjects of the countrie: bot als takis sindrie of them, deteinis them in captivity as prisoners, ransoumis them, or lettis them to borrowis for their entrie againe. And in like maner, divers subjects of the Inland, takis and sittis under their assurance, payand them black-maill, and permittand them to reif, herrie, and oppresse their Nichtbouris, with their knawledge, and in their sicht, without resistance or contradiction. For eschewing and stopping of the quhilkis inconvenientis foirsaid:

ITEM, Anent the Article proponed [proposed] by the Barons, Free-holders, and Inhabitants of the Sherifdoms of Selkirk, Roxburgh, Lanark, Peblis, Dumfreis, Edinburgh, and others inhabitants of the remnant Shires of this Realm: bearing, that it is not unknown of the continual theft, reif, and oppression, committed and done, within the bounds of the saids Sherifdoms, by thieves, traitours, and others ungodly persons, having neither fear of GOD nor man, and specially in these troubles by resetters, fortifiers, and maintainers of the saids evil given persons, amongst the inhabitants and indwellers of the saids Sherifdoms respectivè, within divers parts of the same, which is the chief cause, and fortification of the said theft. And suchlike, that the thieves, and broken men, inhabitants of the saids Sherifdoms, and others bounds of the marches of this Realm, forenent [bordering] the parts of England, not only commits daily thefts, reiffs, herschippes [plunders, ravages], murders, and fire raisings, upon the peaceable subjects of the country: but also takes sundry of them, detains them in captivity as prisoners, ransoms them, or lets [hinders] them to borrowis [pledge] for their entry again. And in like manner, divers subjects of the Inland, takes and sits under their assurance, paying them black-mail, and permitting them to reif, herrie [plunder], and oppress their Neighbours, with their knowledge, and in their sight, without resistance or contradiction. For eschewing and stopping of the which inconveniences foresaid:

IT is statute and ordained, be our Soveraine Lord, his dearest Regent, and three Estaites of this present Parliament, that quhatsumever person, or persones, receiptis, fortifyis, {371} mainteinis, or givis meate, harbourie, or assistance to any thievis in their thifteous stealling, and deedes, outher in their cumming thereto, or passing therefra, at any time cumming, or intercommonis, or trystis with them to that effect, any maner of way, without licence of the keeper of the countrie, quhair the thief remaines, had thereto, to the effect it may be knawin, for quhat purpose they intercommoned with the saidis thieves within xlviij. houris after, or before the committing of the said cryme, that the receipter, fortifier, maintener, assister, meat-giver, and intercommoner with sik persones, sall be called therefore at particular diettis criminally as airt and pairt of their thifteous deidis, or utherwayis civilie at the instance of the partie offended upon 15. dayis warning allanerlie, without diet or tabill. And als that the Schireffis of all Schires, Stewartes, Baillies or Regalitie, and their deputes, and all uther Judges ordinar, at every head Court, put the saidis maters to the inquisition of ane assyse of the countrie, at the desire and complainte of the partie, and as beis foundin, to report the samin to the Justice, Justice Clerk and their deputes, within 15. dayis nixt after the matter be tryed. Swa that this present Act and statute, may be put to execution upon them, as the saidis Schireffes, Stewartes, Baillies of Regalitie, and Judges ordinar foirsaidis, will answer to our Soveraine Lord, and his dearest Regent, upon the execution of their office: And alswa for eschewing of the said great, continual, and odious crimes and offenses, and pacifying of the lieges in all partis oppressed within this Realme, and for the commoun weill thereof,

IT is statute and ordained, by our Sovereign Lord, his dearest Regent, and three Estates of this present Parliament, that whatsomever person, or persons, resets, fortifies, {371} maintains, or gives meat, harbour, or assistance to any thieves in their thievish stealing, and deeds, either in their coming thereto, or passing therefrom, at any time coming, or intercommons, or trysts [meets by appointment] with them to that effect, any manner of way, without license of the keeper of the country, where the thief remains, had thereto, to the effect it may be known, for what purpose they intercommoned with the saids thieves within 48 hours after, or before the committing of the said crime, that the resetter, fortifier, maintainer, assister, meat-giver, and intercommoner with such persons, shall be called therefore at particular diets criminally as art and part of their thievish deeds, or otherways civilly at the instance of the party offended upon 15 days warning allanerly [only], without diet or tabill [record]. And also that the Sheriffs of all Shires, Stewards, Baillies or Regality, and their deputes, and all other Judges ordinar, at every head Court, put the saids matters to the inquisition of an assize of the country, at the desire and complaint of the party, and as is found, to report the same to the Justice, Justice Clerk and their deputes, within 15 days next after the matter be tried. So that this present Act and statute, may be put to execution upon them, as the saids Sheriffs, Stewards, Baillies of Regality, and Judges ordinar foresaids, will answer to our Sovereign Lord, and his dearest Regent, upon the execution of their office: And also for eschewing of the said great, continual, and odious crimes and offenses, and pacifying of the lieges in all parts oppressed within this Realm, and for the common weal thereof,

Thievis may not take leilmen, or ransom them.

It is statute and ordained, that na theif, take ony Scottisman, at onie time heireafter, under the paine of treason and lese majestie. And that nane of our Soveraine Lordes trew and faithful liegis quhilks have bene takin be the saids thieves and broken men, sall be halden to enter to them, notwithstanding ony band given to their entrie, discharging them & their soverteis simpliciter in that behalfe.

Thieves may not take leilmen [honest-men], or ransom them.

It is statute and ordained, that no thief, take any Scotsman, at any time hereeafter, under the pain of treason and lese majesty. And that none of our Sovereign Lord’s true and faithful lieges which have been taken by the saids thieves and broken men, shall be holden to enter [appear] to them, notwithstanding any band given to their entry, discharging them & their soverteis [sureties] simpliciter [simply] in that behalf.

And gif ony of the saidis thievis callis or charges the principal men takin be them, or their soverty for their entres, for paymente of the paines conteined in the bands, or ony parte thereof, be ransom or band, not payed to the saids thieves, outher bygane or in time cumming, they sall (be the doing of the same) incurre and underlie the paines of treasoun, and lese-majestie foirsaide.

And if any of the saids thieves calls or charges the principal men taken by them, or their soverty [surety] for their entres [appearing], for payment of the pains contained in the bands, or any part thereof, by ransom or band, not paid to the saids thieves, either bygone or in time coming, they shall (by the doing of the same) incur and underlie the pains of treason, and lese-majesty foresaid.

Leil-men suld present thievis to the Justice.

And als that our said Soveraine Lordis faithful, & obedient subjectis, quhilkis heirefter sall happin {372} to take and apprehende ony of the saidis thievis, in their passing to committe thieft, or in the actual doing thereof, or in their returning there fra, on na wise let them to libertie and freedome, bot presente them before the Justice, & his deputis in the Tolbuith of Edinburgh, within fifteene dayis after their apprehension, gif their takeris (havand power) Justifye them not to the death themselfis. And als that nane take assurance, or sitte under assurance of the saidis thievis, or pay them blak maill or give them meate, drinke, receipt, maintenance: or supply them in their thifteous deidis in time cumming, under the paine of death, and confiscation of all their gudis movabil.

Leil-men [honest-men] should present thieves to the Justice.

And as that our said Sovereign Lord’s faithful, & obedient subjects, which hereafter shall happen {372} to take and apprehend any of the saids thieves, in their passing to commit theft, or in the actual doing thereof, or in their returning therefrom, on no wise let them to liberty and freedom, but present them before the Justice, & his deputies in the Tolbooth of Edinburgh, within fifteen days after their apprehension, if their takers (having power) Justify them not to the death [execute] themselves. And as that none take assurance, or sit under assurance of the saids thieves, or pay them blackmail or give them meat, drink, receipt, maintenance: or supply them in their thievish deeds in time coming, under the pain of death, and confiscation of all their goods movable.

Thieves suld be followed with ane crie.

And in like maner, quhen ony thieves repairis in steilling or reifing, within the Incountrie, that all our Soveraine Lordis liegis, dwelland in the bounds, quhair they resort, rise, crye, raise the fray, & follow them, alsweil in their cumming as outpassing, on horse and fute, for redding and recovering of the gudis stollin and reft, and apprehending of their persones to be brocht to Justice, & concurre with the awners of the guddis, and uthers followers to that effect, under the paine to be halden partakers of the said thift. And quhasoever beis suspected, or delated to doe in the contrare, that the Justice Clerke grant letters, at the instance of any partie, for calling of them to underly the Law therefore, at ane particular dyet, complenand upon the premisses, or ony poynt thereof. Or accuse them, for the samin at general Justice airis, executand the paines conteined in this present Act, against the contraveneris thereof, but favour or delay. And gif it sall happen ony open notorious thief, to resort, or cum to ony maner of personis house, it sall be lawful to the awner of the saide house, to take and apprehend that thief, without reproch or dishonours, and bring him to the Justice, to be punished conforme to the Lawis.

Thieves should be followed with a cry.

And in like manner, when any thieves repairs in stealing or reifing, within the Incountry, that all our Sovereign Lord’s lieges, dwelling in the bounds, where they resort, rise, cry, raise the fray, & follow them, aswell in their coming as outpassing, on horse and foot, for redding [regaining] and recovering of the goods stolen and reft, and apprehending of their persons to be brought to Justice, & concur with the owners of the goods, and others followers to that effect, under the pain to be holden partakers of the said theft. And whosoever is suspected, or delated to do in the contrary, that the Justice Clerk grant letters, at the instance of any party, for calling of them to underly the Law therefore, at a particular diet, complaining upon the premises, or any point thereof. Or accuse them, for the same at general Justice airs, executing the pains contained in this present Act, against the contraveners thereof, but favour or delay. And if it shall happen any open notorious thief, to resort, or come to any manner of person’s house, it shall be lawful to the owner of the said house, to take and apprehend that thief, without reproach or dishonours, and bring him to the Justice, to be punished conform to the Laws.