CERTAIN ACTS Particularly recommended by our most GRACIOUS AND SACRED SOVEREIGN TO THE Estates of Parliament of the Kingdom of Scotland, and by them, after grave and mature advisement and deliberation heartily embraced, concluded: and the 20. day of june 1609. enacted to stand for perpetual laws in all time to come: with most humble thanks to God for so wise & careful a Prince and Ruler, and most earnest prayer for his most Excellent Majesties long reign in all prospetitie. KYSTITIA. SWM CVIQVE RELIGIO. DEUM COLE HIS SUFFULTA DURANT. H C printer's or publisher's device PRINTED AT EDINBURGH BY ROBERT CHARteris, Printer to the Kings most Excellent Majesty. 1609. Cum Privilegio Regiae Majestatis. Act anent choosing of Pedagoges to children passing fourth of Scotland to schools. FOrasmuch as our Sovereign Lord and Estates of this present Parliament Considering that one of the great causses which hes procured the growth and increase of Papists within this kingdom hes proceeded from the small care and regard that hes been had of the education and upbringing of the youth, who being sent forth of the realm to places of contrary profession, and not being first well grounded in religion, and accompanied with Pedagoges scarce well affected to religion, they do often return back so possessed with superstition and heretical errors, as they may be justly suspected for dangerous subjects in the estate. For preventing of which growth and increase of defection from the true faith by the occasion foresaid, Our said Sovereign Lord and Estates foresaids, Ordains that all such Noble men and others who hereafter shall direct any Pedagoges with their sons out of the country, shall be holden by virtue of this present Act, to have a sufficient testimonial of the Bishop of the diocie where the said Pedagogue for the most part lately before made his residence: Testifying and approving the said Pedagogue to be godly and of good religion, learned & instructed in the same. And if any Nole man or other shall happen to send any Pedagogue with their sons out of the country without the testimonial and approbation of the Bishop in manner above written, In that case our said Sovereign Lord and Estates foresaids Declares, statutes and ordains that every such Noble man and others according to their several degrees and ranks shall incur the pains particularly underwritten, viz. every Earl five thousand pounds, every Lord five thousand marks, and every baron three thousand marks; which sums shallbe intrometted with & uplifted of them by his Majesty's Thesaurer & his depute to his highness use: Providing incace it shall happen the Bishop of that diocie to refuse to grant testimonial to the Pedagogue upon the premises, the said Bishop thereafter being lawfully summoned to compear before the Lords of his highness secret Counsel to answer to that complaint, and show not a reasonable cause of that his refusal, Than and in that case, it shall be lawful to the Lords of secret Counsel to give their testimonial to the foresaid Pedagogue, to the effect above written. Act against children that becomes papists when they are out of Scotland. Our Sovereign Lord and Estates of this present Parliament Ordains the Noblemen, Barons and others to have a special care and to give order and direction that the remaining of their sons forth of the country shall be in places where Religion is professed, or at the least where there is no restraint of the same by the cruelty of Inquisition: and that during the time of their absence they shall not haunt any idolatrous exercise of religion, And that such people as hes not the moyen to entertain with their sons a Pedagogue shall send them to such places where religion is professed. And incace their sons after their departure out of the country shall haunt the exercises of contrary religion, Our said Sovereign Lord and Estates foresaids ordain that their parents or such others as hes the charge of them shall be straited to find caution acted in the books of secret Counsel under such pains as shall be modified, that they shall not supply, entertain nor furnish them with any thing necessare or comfortable unto them after that it be known that their sons are become papists and haunts Idolatry contrary to the religion presently professed within Scotland, except their reasonable expensses in recalling and bringing them to this Realm of Scotland. Act anent excommunicate people not to enjoy their lands, rooms and possessions. Our Sovereign Lord and Estates of this present Parliament Considering that whereas there is diverse people who are excommunicate for not conforming themselves to the true religion presently professed, and do notwithstanding still enjoy the possessions of their lands, rents and living▪ either directly in their own persons or covertlie in the persons of their friends and well-willers to their use & behoof, to the couraging of them to persist in their pernicious and erroneous opinions, & to the frustrating of the execution of the acts and constitutions made against excommunicants heretofore. Therefore our said Sovereign Lord and Estates foresaids Declares, statutes and ordains That no persons whatsoever who are already or hereafter shall happen to be excommunicate for not conforming themselves to the Religion presently professed within this kingdom, shall be suffered either directly in their own persons, or covertlie and indirectly by any others in their names and to their behoose, enjoy the possession of their lands, rents and revenues, But that the same shallbe meddled with, intrometted with and uplifted to his majesties use. Act giving command to Bishops to send the names of excommunicate people to the Thesaurer and to the Director of the chancellary. OUR Sovereign Lord and Estates of this Present Parliament considering that to the effect every man's affection & disposition in his religion may be clearly and sufficiently known, Therefore our said Sovereign Lord and estates foresaids Statutes and ordains that every Arch bishop and Bishop within the bounds of his own diocie shall once every year give up to the Thesaurer, controller, Collector and their deputes, and to the Director of our Sovereign Lords Chancellarie, a Roll subscriued with his hand containing the names of all such people within his diocie who are excommunicate for religion, and ordains the said Thesaurer and his deputes that they receive no resignations nor grant confirmations nor infeftments to nor in favours of any of the people whose names shall be contained in the said Roll: And that the Director of the chancellary and his deputes give out no breeves, receive no retoures, nor direct no precept upon retoures, nor upon comprisings in favours of any of the said's people whose names shall be insert in the said Roll at no time thereafter, while the said person or people produce unto the said Thesaurer, controller, Director of the chancellary and their deputes a sufficient testimonial subscriued by the said Archbishop or Bishop, testifying their relaxation from the said excommunication and their obedience and satisfaction to the Kirk, as the said Thesaurer, Director of the chancellary and their deputes will be answerable to his Majesty upon the duty of their office. And likewise our said Sovereign Lord and Estates foresaids Declares that it shall be lawful to all Lords of Regalities and to all superiors whatsomever within this Kingdom, To refuse breeves and precepts of clare-constat in favours of any person or persons whose names shall be insert in the said Roll: As also to refuse the entry of Tenants upon comprysing, whose names are insert in the same Roll. Act against jesuits, Seminary Preefts and resetters of them. OUR Sovereign Lord and Estates of this present Parliament Considering the impunity of jesuits, Seminary Priests and other papists adversaries to the true Religion professed in this realm, and their resetters in times by-gone, hes been the cause as well of their increase as of their insolence in all the parts of this realm, And that the same hes proceeded partly upon the negligent execution of the Acts of Parliament made against the said Papists, jesuits and seminaries Preestes and their resetters, and partly upon some obscurity of words in the saids acts. Therefore our said sovereign Lord and Estates foresaids most willing to have the said's acts put to due execution in all points, and Papistry and superstition utterly suppressed according to the intention of the same, Hes ratified, approved and confirmed, and by the tenor of this present act Ratifies, approves & confirms all & whatsomever acts of Parliament, either made in his highness minority and less age, or else since his acceptation of the government in his own person, against jesuits, Seminary Priests, Papists, sayers & hearers of Mass & resetters of the said's persons or any of them, & decerns and ordains the same to have full strength, force and effect, and to be put to due execution in all time coming with these explanations after following, That the said's acts made against hearers and sayers of mass shallbe put to due execution, and be extended to all hearers and sayers of Mass, without any exception or restriction. As likewaies that all acts made of before against the resetters of the said's persons have their full force, strength and effect, and be put to due execution against the said resetters, after lawful intimation and denunciation be made of the said's persons: which denunciation and intimation his Highness and the estates foresaids declares to be sufficient to cause the saids resetters of the said's Papists, jesuits, Seminary Priests and others contained in the saids acts, Incur the pains therein contained, if the same be made at the head burgh of the shire where the said's persons remains, and at the mercat cross of Edinburgh, without any farther intimation to be made thereanent. After the which denunciation and Intimation to be made, as said is, Our said Sovereign Lord and Estates foresaids Declares that who soever thereafter shall wittingly & willingly reset any of the said's people, either privately or publicly, that the said's resetters shall incur the pains contained in the saids acts, they being lawfully convict thereof. And that the act made in his highness first Parliament, bearing that none that profess not the true religion presently professed within this realm may be judge, Procurator or member of court, Be extended to all and whatsomever offices, without any exception or restriction in all time coming. And for the better execution of the said's acts Our said Sovereign Lord and Estates foresaids Commands & ordains all Archbishops, Bishops and Presbytries to call before them the saids papists, jesuits, Seminary Priests and their resetters, every one within their own bounds, And to take trial and cognition if they have contraveened the said's acts or any part thereof, And according as they find after dew trial and probation That they report the same to his highness Advocate and secret counsel, To the effect they may be called and convened before them, and punished according to the said's acts in all points. Act of the Commissariates and jurisdiction given to Archbishops & Bishops. Our Sovereign Lord understanding that in all well governed republics, the jurisdiction civil & ecclesiastic are several, distinct & diverse jurisdictions, which ought to be administrat by the persons to whom the same properly belongs: and according to his highness most loving & princely affection borne always to the christian reform Church within this realm, being most willing that the said Church should brook and ioise their liberties, privileges, freedom and jurisdiction granted unto them by his Majesty (from whom only their temporal jurisdiction doth flow) and in that regard belonging to them as being one of the estates of Parliament most necessare to be maintained for giving of their advice, counsel and assistance in all his majesties great and weighty affairs, Hes with express advice and consent of the estates of Parliament restored and redintegrate the Arch bishops and Bishops of this Realm to their former authority, dignity, prorogatiue, privileges and jurisdictions lawfully pertaining and shall be known to pertain to them (always flowing from his Majesty, aswell as any other ordinar jurisdiction doth) and specially to the jurisdiction of commissariates and administration of justice by their commissioners and deputies in all spiritual and ecclesiastical causes controverted between any people dwelling within the bounds & diocees of their prelacies and bishoprics: with full power to the said's Archbishops, Bishops and their successors in all time hereafter to nominate & creare sufficient, wise discreet and learned men, best acquainted with the law and practic of this realm, to serve and administrate justice in the saids places of iudicatory, to constitute clarks and all other under-officers so oft as the same shall valk by dismission, decease, deprivation or otherways, and to provide others in their places with as great freedom and liberty as any Archbishops or Bishops in this realm formerly hes done: Which commissares to be nominate and create by them shall judge and decide in all causses belonging to their iudicatory: and wherein the commissares presently in office are in use to decide, keeping the same style and form which is presently observed, and that manner of proceeding which shall be prescrived and enjoined to them by special iniunctiones without any alteration of the present laws or introduction of new and uncouth practics upon the subjects and liege's, and shall have power of confirmation of testaments every one of them within their own bounds, the quotes thereof to be paid to the Archbishop's, Bishops, their chamberlains, factors and under-receivers appointed by them. For the better affectuating whereof his Majesty and estates of Parliament ordains letters of horning to be given and granted by the Lords of Session in that same very sort that the Commissares present hes it, for execution of all their sentences & decrets which shall happen to be pronounced by them, & compelling of people to enter and confirm the testaments of their defuncts in the very same manner that formerly hes been done. And for maintaining all things in better order and the restraining of unlawful divorcements, too frequently practised within this realm, to the high dishonour of God and slander of true Religion: His Majesty with advice and consent foresaid hes statute and ordained that in the burgh of Ediburgh there shall be resident always four Commissares, two to be nominate and appointed by the Archbishop of Sanctandrois, and two by the Archbishop of Glasgow, who shall have the only power to decide in all causses of divorcement, As likewise shall have power of reduction of all decreets pronounced by any other Commissares to the hurt and prejudice of any of the liege's: before whom it shall be only lawful to intend and pursue reductions of inferior Commissares their sentences and decretes in prima instantia. And incace the said's Commissares to be appointed by the Archbishops of Sanctandrois and Glasgow, as said is, perform not their duty, the Lords of Session shall have power to try, cognosce and determine in the same, and shall judge upon all decreets and sentences alleged to be wrongouslie pronounced by them: And that because they are his majesties great Consistory, to whom his highness with advise of the said's estates, Gives & grants an high & supreme commission for all such causses, to judge and determine of them in such caces: And declares that it shall be lawful to the said's Lords of Counsel and Session To advocate causses to themselves from any of the Commissares, upon just & lawful complaints made to them by any of the subjects, and not otherways. providing always that the said Session shall ever be ready to give an account to his Majesty that their advocations have been grounded upon probable and lawful grounds for the well of the subjects. And that this foresaid act may be put in present effect, his Majesty with advice foresaid declares all former erections of Commissariates to be suppressed & extinct from this forth and for ever, all constitutions that have been in former time of the same in what soever part of the realm the same hath been erected, and by what soever manner the same hes proceeded, acts of parliament secret counsel and others made thereanent. And in like manner discharges and annulles all presentations, gifts or dispositions made by his Highness to the Commissares present, or to any other concerning the said commissariates, and all rights acquired by them by decease, dismission, or how soever the same hes vaicked, and all gifts and dispositions made in favours of their Clarks and members of court, by whatsomever manner or order the same hes proceeded. With this provision always, that the Commissares presently in office, their clarks and other members of court, who shall be authorized with testimonial from the Lords of Session of their sufficiency & qualification to their several places and offices, shall brook and joise the same, they always receiving a new presentation and gift of their offices from the Archbishops and Bishops of their dyosies where they serve, between and the first day of December next to come: Otherways if incace the said's Commissares and other members of court do not produce the foresaid Testimonial from the Lord of Session, as said is, It shall be lawful to the Archbishops and Bishops to provide other sufficient persons to the said's places, The restitution of the said jurisdiction always to be with express reservation of his Highness and his successors their prerogatives and supremacy in all causses ecclesiastical and civil within this realm. Providing always that this present act shall no ways be hurtful nor prejudicial to the heritable right of the commissariate within the bounds of Argyle pertaining to Archebald now Earl of Argyle, but the same to stand in the same force, strength and effect as it was before this present act, And notwithstanding thereof or any clause therein contened Prout de iure. Act of the Commissioners of the peace. FOrasmuch as among the infinite monuments and testimonies of his majesties true piety, singular wisdom sincere zeal to justice and fatherly care of his people, the estates of this Kingdom have not found any bringing more deserved commendation and permanent renown to his Majesty, or greater profit, quietness and comfort to his Subjects, nor his constant perseverance in his most religious and prudent resolution to extirpate the ungodly barbarous and brutal custom of deadly feeds, which by the inveterate abuse of many bypassed ages was become so frequent in this realm, as the subjects of greatest rank and quality upon every naughty occasion of base and unworthy contraversies of neighborhoode, for turfs, fold-dykes, furs or marches of lands, foolish words or drunken discords between their meanest servants and dependers, and any other in the country, did so readily embrace the protection of their unjust and unnecessary quarrels, as did many times involve themselves and their whole friendship in most bloody and mortal troubles, which they did prosecute with such malice and cruelty, as to the extreme peril of their souls, infame of their memorial, and overthrow of their own and their adversaries houses, Did distract the kingdom in opposite factions, and many times furnished matter of most pernicious, seditious and civil wars. The inconveniences whereof being manifestly seen and sensibly felt both by the Princes and people of this realm in many bypassed ages and earnestly sought to have been removed, yet the corruption was so universal, that the greatest part prevailing against the best, that cruel barbarity had both continuance and daily increase, until his Majesty bending the excellent wisdom and rare graces of his royal mind (wherewith God hes endued him more abundantly than any King that ever did reign in this Island) against that godless, unnatural and beastlie-custome, did devise and establish a most godly, just and prudent law and ordinance for the course to be observed, for removing upon equitable and just conditions the deadly feeds, which then stood in great number between the most powerful subjects in this kingdom and their kinsmen, assisters and partakers: In the execution whereof, God having miraculously assisted his majesties most holy & just intention, after exceeding great care and pains ta'en by his Majesty in trial of the original causes of the said's discords, the true circumstances of the injuries and loses sustained by either party, and in prescriving due satisfaction to be indifferently made for redress of all bypassed harms and wrongs, his majesties admirable constancy hes so overcome all difficulties, that the whole known feeds within the kingdom being now removed by perfit reconciliation, & just contentment of all parties having interest therein, his majesties whole subjects finds such joy and happiness in the sweet fruits of his wisdom and providence expressed in that case, That they earnestly wish that his Majesty who hes so carefully exterminate that abominable pest of deadly feeds, may in his singular wisdom find means for ever to prevent the reviving of that monster. Wherein his Majesty considering that nothing gave so great growth and strength to that bypassed barbarity as the sloth of magistrates in not suppressing the first seeds of these dissensions, which being small and weak in the beginning, for Peets, turfs, devits, fold-dykes, poyndings, neighbourly marches, injurious words or light brawls, were then easily to be settled, if diligence and authority had been joined for repressing thereof, which being neglected by these to whom it appertained, these light jars and insolences did very oft kindle such flames of disorder, dissension, rank or and feed, as in many years with great streams of blood, desolation and ruin of great and ancient houses and races could hardly be quenched. For remeed whereof his Majesty and estates foresaids Ratifies and approves the former act made by his Highness for abolishing deadly feeds in every head, clause and artickle thereof. And farther statutes and ordains that in every shire within this kingdom there shall be yearly appointed by his Majesty, some godly, wife and virtuous gentlemen of good quality, moyen and report, making residence within the same, in such number as the bounds of the shire shall require, to be Commissioners for keeping his majesties peace, to whom his Majesty with advice of the Lords of his privy Counsel shall give power & commission to overse, try & prevent all such occasiones as may breed trouble and violence amongst his majesties subjects, or forcible contempt of his majesties authority and breach of his peace: and to command all people in whom they shall see manifest intention to make trouble or disorder, either by gathering together of idle and disorderly people, or by public bearing or wearing of Pistolets or other forbidden weapons, and such other riotous & swaggering behaviour: to bind themselves and find caution under competent pains to observe his majesties peace, and for their compearance before his majesties justice or Lords of his privy Counsel, to underly such order as shall be found convenient for punishing their transgressions or staying of troubles and enormities: And if needs bees, to require the dewtifull and obedient subjects of the shire to concur with them in preventing all such contemps and violences, or for taking or warding of the wilful and disobedient author's committers & fosterers of these crimes & disorders under such competent arbitrare pains as his Majesty and Lords of his privy Counsel shall appoint for the offenders, and such of the country as being required shall not give their ready and afolde concurrence to his majesties commissioners in the premises, whereby the ordinare magistrates & officers within the shires may be the better assisted, and their absence, employments or other impediments more commodiously supplied, without derogation of their jurisdiction or want of ready comfort and justice to the obedient subjects within the bounds thereof. Ordaining also the said's commissioners to give true advertisement and information to the Lords of his majesties privy Counsel, justice general and his deputes, his majesties Thesaurer and other magistrates and officers whom it effeires, of the names of such faithful and unsuspect witnesses and assyssers to be summoned in all crimes and disorders which shall happen to fall forth within the said's shires, as shall be known to be most meet and able for trial and probation of the same, and for eschewing that such as are either aged, sickly or unable to travel, or ignorant of the facts to be tried, be not unjustly vexed or unnecessarly drawn from their own houses and affairs for matters wherein they are not able to give any light. Act of the apparelles of judges, Magistrates and Churchmen. OUR Sovereign Lord and Estates of this present Parliament finding by daily experiences that the greatness of his majesties empire, magnificence of his Court, fame of his wisdom and justice and of the civility of his subjects, hes already begun to allure diverse foreign Princes and other strangers of all estates to make more frequent repair to this country nor ever they did in any preceding age: which resort of strangers will by all appearance both continue and daily more and more increase, and by them, no doubt report will go through all the world of the estate & government of the kingdom according to the order which they shall see observed within the same: whereof the rules and good example flowing from the estates of Parliament and magistrates to the whole remanent subjects of the realm, It is most necessare that such gravity and comeliness be used by the Lords and Commissares of Parliament, and other magistrates in their apparel & behaveor as may best deserve the good report and true commendation of all Princes, Noble men & other strangers who shall have occasion to see & relate the same. The respect whereof having induced his Majesty to prescriue to the Nobility apparel for the Parliament becoming their honourable estate: And understanding that the remanent members of that high Court hes not conformed themselves to like conveniency, neither yet that the course intended by his Majesty for discharging noble men and gentle men to be elected Provosts and magistrates of burrows (whereof none should be capable but burgesses, actual trafickers and inhabitants of the said's burrows) hes ta'en such effect as is most necessare for preservation of the liberties & good estate of the said's burrows, & hindering the dissipation of their common good and perverting of their privileges. For remeede whereof his Majesty with advice of the estates of his Highness Parliament Statutes & ordains that no man shall in any time coming be capable of Provostrie or other magistracy within any burgh of this realm, nor to be elected to any of the said's offices within a burgh but merchants & actual trafickers inhabiting within the said's burghes allanerlie, and no others. And that the said's magistrates of burrows to be hereafter elected, and their commissioners of Parliament Shall have and wear at Parliament conventions and other solemn times and meetings when the dignity shall require it, such comely and decent apparel as his Majesty shall prescriue convenient for their rank and estate, whereby they may be decemed from other common Burgesses, and be more reverenced by the people subject to their charge. And because a comely, decent & orderly habit & apparel in the judges of the land, is not only an ornament to themselves (being a badge & mark for distinguishing them from the vulgar sort) but the same also breeds in common people that reverence and regard that is dew and proper for men in these places: And this being a custom universally observed almost through all Europe, The want whereof is much censured by strangers resorting in these parts. The said's estates therefore upon infinite proofs they have of his majesties most singular wisdom in all his directiones and of his gracious love and affection to this his native kingdom. Have in all humility referred to his Highness own appointment The assigning of any such several sort of habit and vestiment as shall be in his majesties judgement most fitting & proper, as well for Lords of Session being the suprem● judges in civil actions, as for all other inferior judges of the like causes, as also for the criminal and Ecclesiastical judges, and for Advocates, Lawyers and all others living by law and practise thereof, that so every one of these people may be known and dignosced in their place, calling and function, and may be accordingly regarded and respected. Attover his Majesty and estares foresaids, considering what slander and contempt hes arisen to the Ecclesiastical estate of this kingdom by the occasion of the light & undecent apparel used by some of that profession, and chief these having vote in Parliament. It is therefore statute that every Preacher of God's word shall hereafter wear black, grave and comely apparel beseeming men of their estate and profession. As likewaies that all priors, Abbots and Prelates having vote in Parliament, and specially Bishops, shall wear grave and decent apparel agreeable to their function, and as appertains to men of their rank, dignity & place. And because the whole estates humbly & thankfully acknowledges that God of his great mercy hes made the people and subjects of this country so happy as to have a King reign over us who is most godly, wise and religious, haring all erroneous and vain superstition, just in government and of long experience therein, knowing better than any King living what appertains and is convenient for every estate in their behaviour and duty. Therefore it is agreed and consented to by the saids estates that what order so ever his Majesty in his great wisdom shall think fit to prescriue for the apparel of Churchmen agreeable to their estate & moyen, The same being sent in write by his Majesty to his Clerk of Register, shall be a sufficient warrant to him for inferting thereof in the books of Parliament, to have the strength and effect of an act thereof, with executorials of horning to be direct thereupon against such persons as within the space of forty days after the publication or intimation to them of the said act or charges used against them thereupon, shall not provide themselves of the apparel to be appointed by his Majesty for men of their vocation and estate to be used and worn by them and their successors at the times and in manner to be expressed in the said Act to be made by his Highness thereanent. Act of scandalous speeches and libels. Our Sovereign Lord foreseeing that there is nothing so necessare for the perpetual well & quietness of all his subjects of this monarchy as the furtherance & accomplishment of the union of his two famous & most ancient kingdoms of Scotland & England, whereof his Majesty out of his fatherly care of the peace and happiness of his good & faithful people, having most instantly & earnestly solicited the perfection, and by the assistance of the worthiest members of both kingdoms so effectually advanced the same, as he hopes, God willing, in his reign to see the wished end of that great work, which in his royal person hes received so miraculous & happy a beginning: And nevertheless finding therein such malicious lets as the devil & his supposts do usually suggest to the hindrance of all just & godly enterprises, Specially by the false & calumnious brutes, speeches & writes craftily uttered & dispersed by some lawless & souleles people of this realm, aswell in private conferences as in their meettinge at taverns, ailehouses & plays, & by their pasquils, libels, rhymes, cockalins, comedies & such like occasions whereby they slander malign & revile the people, estate & country of England, and diverse his majesties honourable Counsellors, magistrates & worthy subjects of that his majesties kingdom: the continuance whereof being able to incense the people of England to just grief & miscontentment, may not only hinder the intended union of all the good subjects of this monarchy, but stir up in them such irreconcilable evil will, as with time might bring forth most dangerous & harmful effects. For remeede & preventing whereof, his Majesty remembering how strait & severe punishment hes by the laws & acts of his most royal progenitors kings of this realm heretofore been ordained to be inflicted upon such as should devise or utter false & slanderous speeches & writes to make dissensions between the Prince & his subjects, or raise sedition in the realm, and considering that all such purposes & writes as may breed disliking between the inhabitants of the said's kingdoms of Scotland & England, being now all become his majesties liege-people, equally subject and equally beloved of his Highness, Tends to most dangerous dissension & sedition amongst his subjects: Therefore his Majesty with advice & consent of the whole estates of this Parliament, statutes and ordains, That who so ever shall hereafter by word or writ devise, utter or publish any false, slanderous or reproachful speeches or writes of the estate, people or country of England, or of any Counsellor thereof, tending to the remembrance of the ancient grudges borne in time of bypassed troubles, (the occasion whereof is now happily abolished by the blessed conjunction of the said's kingdoms under his majesties sovereignty & obedience) or to the hindrance of the wished accomplishment of the perfect union of the said's kingdoms, or to the slander or reproach of the estate, people or country of England, or dishonour or prejudice of any Counsellor of the said king doom, whereby hatred may be fostered & entertained or misliking raised between his majesties faithful subjects of this I'll. The authors of such seditious, slanderous & injurious speeches or writes or dispersers thereof, after trial ta'en of their offence, either before his majesties justice or the Lords of his highness privy Counsel, shall be severely punished in their persons and goods, by inprisonment, banishment, fyning or more rigorous corporal pain, as the quality of the offence shall be found to merit at his majesties pleasure: And all such as hearing or getting knowledge of any such speeches or writes, shall conceal the same, and not reveile them to his majesties ordinare officers, magistrates or Counsellors, whereby the authors and dispersers thereof may be punished, shall underly the like trial & pain. Act anent fugitive people of the borders to the in-countrie. FOrasmuch as the King's Majesty is resolved to purge the middleshires of this I'll heretofore called the borders of Scotland & England of that barbarous cruelty, wickedness & incivility which by inveterate custom was almost become natural to many of the inhabitants thereof, and to reduce them to the knowledge, love and fear of God, reverence of his majesties authority, obedience of his laws and duty to their nighbors: For accomplishing of that most royal design, made chose of one to be Commissioner in these bounds, whom by many assured proofs in former employments of greatest consequence, his Majesty knew to be endued with all qualities necessary for so weighty a charge: who following precisely the rules of his majesties most prudent directions, and using all possible diligence & dexterity in prosecution thereof, made so happy progress in that good course, as justly punishing the most perversed & rebellious ringleaders (whose amendment was desperate) and transporting others of them forth of this I'll, the rest were brought to very settled quietness & obedience of his majesties laws, a very few number of our-lawes only excepted, who being so earnestly searched & pursued in these bounds, as all hope of escaping & longer impunity was ta'en from them, they have by most subtle & crafty means of changing their names and dissembling the place of their nativity, Convoyed themselves in the in-countries of this realm, and insinuated themselves in service with Noble men & others of good quality, not only thereby eschewing their deserved punishment, but also abusing and harming his majesties good subjects by their darned stouths in the incountrie transported, reset & quietly sold in the bounds of the late borders: And again stealing gear forth thereof & out of the bounds of these middleshires, & outting & selling the same in the in-countries. Besides that others of the saides' outlaws have been alured & had reset & oversight in the in-countries by some men of rank & power to be instruments & executors of such revenge and mischief against these to whom they bear malice, grudge or quarrel, which for fear of his majesties laws and authority they durst not attempt by themselves. For remeede whereof his Majesty with advice and consent of the estates of Parliament, Statutes and ordains that no man shall hereafter either receive or retain any man borne or long habituate in the late borders in his service or company or upon his lands, unless he have certain knowledge or a true & authentic testimonial of his majesties great Commissioner of the late borders or his deputes, of the said border-mans' true name and surname, place of his nativity and report of his truth and lawtie, and that he is no known malefactor, but repute a dewtifull & obedient subject, under the pain to incur the danger, and to be made answerable civilly and criminally to his Majesty and all his lawful subjects for all actions and crimes which might be any ways laid to the charge of the said's broken men, for any cause or occasion either proceeding or during the time of their receiving or retaining them in their service, company or upon their lands, as if the resetter had committed the said's faults himself. As likewise because some who are not known to have committed any heinous offence in their own person obtaining testimonial of their name, birth & good report may give the same to broken men to be used by them in places where they are not known, It is statute and ordained that whosoever shall either give his testimonial to any man, whereby it may be abused by another nor him to whom it was truely granted, or who shall falsely vie another man's testimonial, or who shall forge to himself or use a false testimonial in the premises, shall be punished to the death. And to the effect his majesties faithful and obedient subjects may have the better knowledge of the saids fugitives and broken men, and that such as reset them may want all pretext and excuse of ignorance, It is statute and ordained that a Roll shall be made by his majesties great Commissioner of the middle shires, containing the names of the said's rebels, fugitives, outlaws & broken men with the most notor & evident marks & description of their age, stature, colour & other tokens whereby they may be most easily and readily known. And being imprinted shall be sent to the sheriffs and magistrates of the in-countries, and proclaimed at the market crosses of the head burrows of the shires and other places needful, And thereafter be publicly affixed upon the saids crosses or tolbuithes of the said's burrows. After which publication it is statute that the contraveners of this Act or any head or artickle of the same shall be rigorously punished in their persons and goods in manner foresaid. Extractum de Libro Actorum Parliamenti per me Dominum joannem Skena de Curriehil militem, Clericum Registri Consilij & rotulorum S. D. N. Regis, testantibus men sign & subscriptione mamialibus.