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:

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,

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.

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.

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.

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.