BY HIS HIGHNES council IN SCOTLAND, For the GOVERNMENT thereof: INSTRUCTIONS FOR THE JUSTICES of Peace IN SCOTLAND.  

Moonday the whereof day of November, 1655.  
At His Highnesse council in Edinburgh, ORdered, That these Instructions for the Iustices of Peace be forth-with Printed and Published.  
EMANUELL DOWNING, Cl. of the council.   
PRINTED at Edinburgh, and Reprinted at Aberdeen, by james BROWN, 1656.   

BY HIS HIGHNES council IN SCOTLAND, For the Government thereof: INSTRUCTIONS for the Iustices of Peace in SCOTLAND.  
1 THE Commissioners and Iustices of the Peace shal take the Oath following: You shall swear, That you as one of the Commissioners and Iustices of his Highnesse the Lord Protectors Peace within the Shire of according to your knowledge and power, shall do equal right both to Rich and Poor; And that you shall not bee of Counsel with any person in any quarrel or matter depending before you, and shall faithfully& truly discharge your duty as a Iustice of Peace; and shall endeavour, according to your power, the preservation of the said Peace; And that you take nothing for your office of Iustice of the Peace, but what is, or shal be by the Law allowed.  
2. That no Person shall execute the Office of Iustice of Peace, until he hath taken the Oath beforementioned, before the Sheriff of the Shire, or before two Iustices of the Peace who haue taken the same who haue hereby power to administer the said Oath to all other Iustices, who haue not taken it, within the respective Shires, at there respective admissions.  
3. That the said Iustices shall begin their Quarter-Sessions at the times of the Year following viz. The first Tuesday in the month of February, The first Tuesday in the month of May, The first Tuesday in the month of August, The last Tuesday in the month of October; At such places as shall be agreed on by the greater number of them, or( in default thereof) by the appointment of the Custos Rotulorum in the respective Counties And shall haue power to continue the said Sessions, or to adjourn the same to such dayes and places as shall be for the better Administration of Iustice and most ease to the People.  
4. Any one Iustice shall have power upon complaint of of any person being threatened, and fearing to be wronged, to bind the party complained upon, under such a pecunial sum to keep the peace, as he shall think fitting; As also to commit such person to safe custody, until Surety be found by him; the said Complainer always giving his Oath before the Iustice, That he hath just cause to dread his harm: And albeit no person complain, yet if the justice be credibly informed of appearance of trouble betwixt any parties, he shall bind them to the peace in manner aforesaid, except the parties declare upon their consciences, that neither of thē doth bear any grudge to the other: And all such Bonds or recognisances shal be kept in record by him, and he shal make delivery of the same to the Clerk of the Peace at the next Sessions, to be kept and registered by him.  
5. If any person being charged to make his appearance before a Iustice or Iustices of Peace, and shall refuse or delay without just cause, thē the Iustice, or Iustices, whose Command shall be contemned, shall hereby haue power to Command the next Constable, or in absence of a Constable his, or their own servant, or any other person having a Warrant in writ, subscrived by the said Iustice, or Iustices of Peace, with assistance of the country, to bring any such person before him or them.  
6. If any Sheriff or Bailiff authorised in that behalf, shal condemn any person for a Battery, wherein blood is drawn, usually called Blood-Wight, or otherwise convict him in any pain proper for him to impose, the Iustice shall haue no power of new to fine that Offender for that offence; but if they shall find him not condignly punished in regard of the offence committed by him, they shall then inform his Highnes council therof, that they may take order therein; And if ther be not satisfaction made by the Sheriff or Bailiff authorised, as aforesaid, to the Party offended, the Iustices at the Sessions; may modify& order reasonable satisfaction to the Party offended, he pursuing therefore before them: And if they shall find the satisfaction ordered by the Sheriff or Bailiff, in favour of the said Party offended, not condign or answerable to the Offence& wrong sustained, Then they shall also inform his Highnes council thereof, that they may take order therewith, as appertaineth.  
7. If any Sheriff or his Deputy or Deputies, by Collusions with the Delinquent, shall suffer any person guilty, to bee quitted or cleared by jury or Assize, the party once, cleared is not to be brought further in question before the Iustices, but upon their information the Sheriff, his Deputy or Deputies, respectively are to be called, censured,& ●●verely punished by his Highnes council.  
8. The said Iustices shall hereby haue power to proceed upon all persons committing riots,& breaking his Highnes Peace, and to punish and fine according to the quality of the Crime, and the estate of the Offender; and if any of the said persons being charged to appear before the said Iustices, shal disobey the Summons being endorsed, the lawful Scitation verified, and fact proved, The Iustice shall punish and fine the not-appearing, according to the quality of the Crime,& the estate of the Offender; And for the more clear determination of the Order, which shalbe kept by the said Iustices, in the deducing of any such process, It is declared, That it shalbe lawful to the said Iustices, whensoever they may haue occasion to move any Actions against Parties for committing any like Fact or riot, to refer the first Summons to the Parties Oaths of verity, in ease of want of other lawful probation, who being personally summoned by the first scitation, shal be holden as confessed, and decree to be pronounced against him, conformed to the libel& Summons; And if he be not personly summoned by the first scitation, The said Iustices are to summoned him again by a second Summons at his dwelling-place; which two scitations shalbe as sufficient to infer Decreet& Sentence upon the libel against him, as if he were apprehended personally: And which Sentence given, after the manner and form of approbation above-writen, is declared to be good and lawful in it selff.  
9. The said Commissioners of the Peace shall put the laws and Acts of Parliament to due and full execution against wilful beggars, and Vagabonds, and Idlemen and women, without calling or trade, lurking in Ale-houses, tied to no certain service, reputed& holden as Vagabonds, and against those persons who ar commonly called egyptians, and they shall punish& fine their Receptors,& Setters of houses to them accordingly, by such competent pains as is proper to them to enjoin.  
10. The said Commissioners and Iustices of Peace, at hereby authorised, with power to give Order as they shall think most convenient, and with least charge to the Subjects, for mending all Bridges, highways and Passages, to, or from any market town, or Sea Port, within their respective shires, videlicet. by laying a penalty upon the County, Parishes, or Persons respectvelie liable according to the estimate they shall be informed the charges of the Bridges and highways will amount unto, which penalty they are to levy& dispose of for the repairing of the said Bridges, and highways. And shall also call before them all such persons as shall straighten those highways and Passages, or otherwise by casting of Ditches or any other Trenches through the same, shall make those High-ways noisome and trouble-some unto Passengers, and shal punish them, and fine them according to the quality of their offence; And to the effect it may be known of what breadth all Common High-ways should be to market Towns, It is declared, that the same should be of Twenty foot of measure in breadth, at the least,& where any are of larger breadth, it is ordained, the same so to remain unaltered or straightened; And that the said Iustices, cause the same to be maintained, with all other ways from any Town in the Parish, to the Parish Churches, in the same breadth as they are, and where they find any necessity of other ways from any Town in the Parish, to Parish Churches, they shall inform his Highnes Council thereof who shall give them, after sufficient Information their direction therein, according whereunto they shal be holden to proceed; and if any County, Parish, or person to whom it belongs as aforesaid, shal refuse or neglect to concur for mending of Bridges, highways,& Passages, The said Iustices shall haue Power to censure and punish them according to their discretion, due regard being had to the quality and nature of the offence; also they are to take care, that sufficient ferry Boats, and Bridges for Horses within the same where Horses ought to be Ferried, be provided and kept in repair by the Ferrier, upon the penalty by the Acts of Parliament in that case provided upon the Ferrier, who shall neglect to do the same.  
11. The said commissioners for the Peace, shall put the Acts of Parliament to execution against Cutters and destroyers of Planting, Green-wood, Orchards. Yards, Hedgings, breakers of Dove-houses, killers of dear,& trespassers in Parks, and Counigers, stealers of Bees, and Beehives; users of unlawful Games with setting Dogs, slayers of read and black Fish, and Smolts in forbidden time, Fowlers, fowling in other mens Lands, makers of Moor-burn, and Mos-burn, setters of Crewes, or Nets, in Waters and Dames, having and keeping of Crewes& Yares in forbidden time, and shall proceed against them accordingly; And for their better proceedings, It is declared the said Iustices of Peace may try& punish the violaters of the said Acts, in the trial whereof, they shall proceed, by witnesses, by Oath of Party& punishment to be inflicted by them, according to the circumstance of the Offence, and the quality of the Offender, by a pecunial sum or corporal punishment, and no other, with the provision; That the said Commissioners of the Peace, shall not extend this power power to any persons who shall be arrested, and convened for the said Crimes, before any other ordinary judge, it is also provided, That the power contained in this Article, shall no ways be prejudicial to any Commissions, or Rights granted to others, and now in force, whereby they haue power to proceed& censure the Crimes& offences abovewritten.  
12. The said Commissioners of the Peace shall put in execution the Acts of Parliament for punishing all Forestallers, and Regraters of Markets.  
13. No innkeeper, or Hoastler, shall receive any masterless Men, Vagabonds, or other person or persons guyltie of known Crimes, or using Stealth& Robbery, under the pains underwritten, to wit, 40 S. to be incurred by them for the first fault, 4 l. for the second, and 10. marks for the the third, Scots Money, together with the losing of the Liberty of Brewing and selling Drink, The incurrers of which pains shalbe punished according to the order aforesaid, by the said Iustices, who shall have power to pursue& fine the Delinquents in their Courts or Sessions according to the pains aforesaid, and to levy or uplift the said pains and fines from them, without prejudice of all Actions Criminal or Civil, competent of the Law against the said In-keepers or Hoastlers, in case they be in the danger thereof, which shall not be taken away by any punishment set down, and to be inflicted, comform to this instruction.  
14. The said Commissioners of the Peace, shall put in execution the laws concerning Malt-makers, against all breakers and contraveners of the said laws.  
15. They shall set down order in the country for Governance in time of Plague,& shal punish severely the disobeyers of the order appoynted by them, according to the quality of the offence.  
16 They shall appoint at their Quarter Sessions, to be kept in February, and August, the ordinary hire& wages of Labourers, Work-men, and Servants, and who shall refuse to serve upon the price set down by them, shall be imprisoned, and further punished at their discretion; And to the effect that Servants may be the more willing to obey the Ordinances to be made by the said Iustices, and the said Fees, or Wages, the said Iustices shall haue power to discern,& compel the Masters to make payment of the Fees, or Wages appointed by their Ordinance, in case the Servants please rather to pursue for the same before them then any other judge.  
17. The said Commissioners of the Peace, shall take notice, that in all Sheriffdoms where there are any gaols& prison-houses within any Burgh, that the same may not be suffered to decay or become ruinous, but be kept up at the charge of the shire, where the respective Burgh is not chargeable therwith by Law; And if there be any Shire where there is not any Gaol or Prison-house, they shall inform his Highnesse ●ouncil thereof, that they may appoint& give order for building of one, in some convenient place within the shire; and according to the directions to bee given thereupon, the Iustices shall be holden to proceed.  
18. And because there may be a great many of Prisoners apprehended and committed, who having no means of their own for their maintenance and entertainment, will otherwise famish and starve before they can come to their trials, who nevertheless, in regard of the, Crimes they have committed, can no ways be put under Surety, or otherwise in faults of less consequence, are unable to find sufficient Caution to be made forth coming& answerable at the next Sessions; Therefore it shall be lawful to the said Commissioners and Iustices, at their Quarter Session, to rate every Parish for a weekly proportion, for the entertainment of those poor Prisoners, Provided that they do not exceed the sum of five shillings scots mōey at the most, nor under One shilling at the least; which sum shall be raised and up-lifted for that use, by the Minister, or Reader, who shall serve at every Parish, from such Deacons who shall be appointed to collect the same, And the said sums to be delivered by the Constable of the Parish at the Quarter-Sessions in presence of the whole Bench then convened, to such persons as the said Iustices shall trust therewith, and who accordingly shall make due account, in paying the Gaolers such rates as shall be allowed for the poor Prisoners, and making the rest forth-coming for such use and intent of the like nature as the said Iustices shall appoint-  
19. All Magistrates of Burghs, and Keepers of any Gaols and Prisons, shall receive into their Prisons all such Persons as shall be brought by the Constables, or any other persons, having Warrant under the hand of any one Iustice of Peace( the said Iustices causing satisfaction to be made for their entertainments:) And if any Magistrates, or their Gaolors, suffer any persons, committed by the Iustices to their prisons, to escape, they shall be condignly punished therefore, at the discretion of his Highnesse council.  
20. The said Commissioners are to set a Price upon Craftsmens work, and upon the Ordinary of Peny-Bridals, together with the price of Shearers Fees, and to punish the Contraveners, as appertaineth.  
21. The said Iustices sball take care, That good and wholesome Beer and Ale be brewed in every Shire, and shall appoint visitors to that effect.  
22. The said Iustices shall put in execution, all Acts of Parliament, made for punishing all persons whomsoever, who shall Curse, or profainly Swear, or shall be Mockers& Reproachers of Piety, or the Exercise therof, and shall require& levy upon every Offender the several Penalties following; viz. Of a Nobleman, 20. pounds; each Baron, 20. marks; each Gentleman heritor, or burgess, Ten marks; eaeh Yeoman 40. shillings; each Servant, 20. shillings Scots money; each Minister the Fifth part of their Years Stipend, without prejudice to other Proceedings against any such Minister for the same. And in any of all the Cases before specified in this Instruction, the said Iustices shall then put in execution all such Laws, as for corporal punishments, have any provision mentioned in them for such Cases: And in case of the Inabilities of the parties Delinquents, to pay the fore-mentioned Penalties in any of all the Cases before mentioned in this Instruction: The said Iustices shall put in execution( as for corporal punishments) such Acts of Parliament as are made and provided in that behalf: And that the Wives Delinquents, as aforesaid, shall be punished according to the quality of their respective Husbands, And that their Husbands be liable for payment of their Wives Fines respectively in manner above mentioned, toties quoties for each fault: And all others whatever, not particularly herein enumerated, are to pay in proportion to their respective qualities and degrees. And also the said justices are to put in execution the Acts of Parliament, made for the punishing of all persons that shall be found guilty of the sin of Fornication, and shall levy, or cause to be levied the several pecunial Sums therein mentioned, viz. For each Nobleman for the first Fault, Four hundred pounds, each Baron and Landed-Genteleman, Two hundred pounds; each other Gentleman and burgess One hundred pounds, each Farmer Twenty five pounds; every other Person of inferior quality Ten pounds Scots money; and these penalties shall be doubled, toties quoiies, according to the Relapses of the degrees of the offence, and quality of the Offenders; And that the said Penalties shall be levied, not only of the man, but also of the Woman, according to her quality, and the degree of her offence, the one without prejudice of the other: All& sundry which penalties so to be levied, are to be disposed of as followeth; to wit, One half to pious uses in the same Parish where the Offender lives, or the offence hath been committed; and the other half to be divided into two equal parts, one part whereof to be given to the Informer and Prosecutor, and( out of the other half) to satisfy the Constable or other Person, who shall be employed for bringing the Party accused to Iustice;& the remainder to be disposed of to Pious uses, or towards satisfying of the Constabls for their travels& services in other parts of their Office, according as the justices shall think fit. That the said justices shall put the acts of Parliament in execution, for the punishing of all persons found guilty of the sin of drunkenness, or Excessive Drinking, especially under the name of Healths, or of haunting Taverns or Alehouses after ten of the clock at night, or at any time of the day, except in time of travel or for ordinary refreshments; As also against the keepers of Taverns or Ale-houses that shall sell the Drink unto them, which Penalties in the said several Acts contained, the said justices are to levy, or cause to be levied upon the said Delinquents; and the said penalties are to be disposed of by the said justices in like manner as aforesaid.  
23. The said justices shall put in execution all Acts of Parliament, made against such persons as shall profane the Lords Day, and require or levy the penalties therein contained; which penalties so raised, the said justices are to dispose of in like manner as aforesaid.  
24 Any two or more justices of Peace shall be a sufficient number to decide, in matters occurring betwixt the four Quarter-Sessions in their respective Shires.  
25. The said justices of peace, as well to Burgh as Land, shall convene and be present at the Quarter-Sessions of the Shire where the Burgh and land lies, make their record, and make payment of the Fines intromitted with by them, as justices of Peace of that Shire, to their Collector.  
26. The said justices are impowred to appoint a sufficient Collector for levying the Fines and penalties which they have power to impose upon any offender,& are to take caution or Security of him for making due account.  
27. The said justices shall have, during the time of Quar-Sessions, for every day of their abode( so it do not exceed the number of three dayes at the most at one time) allowed for every one of them, forty shillings Scots money, daily to be paid and uplifted by the Collectors of the Fines; And al such justices as take the benefit of that allowance, and shall be absent from any Quarter-Sessions in their respective Division, shall incur the Penalties of forty pounds Scots money, not having a lawful excuse, allowed of as such, by the rest of the justices there assembled.  
28. The Commissioners for Administration of justice to the People in Scotland, shall direct general and summary charges of Horning and Poinding at the instance of the Collector( appointed in every County for ingathering of all Fines and penalties whatsoever incurred) upon simplo Charges of fifteen dayes, and no suspension shall be granted but upon consignation of the sums contained in the Sentence, and by finding Caution for payment of the Charges at the modification of the said Commissioners.  
29. And at what time and whensoever any person shall accuse any person or persons, to be guily of Treason, Murder, or other Felony, Blasphemy, Incest, or any other heinous Crimes, in such case the said Iustice or Iustices shall forthwith cause such person or petsons to be apprehended, and after inquiry made into the case, the said Iustice or Iustices, if they find cause, shall commit the Offender to Prison, or take sufficient Bail, if the case by Law be bailable, And shall take the information of the party accusing upon Oath, and bind him to prosecute, and shall take the Testimony or depositions of the Witnesses likewise upon Oath,& bind them to give in Evidence, And shal also take the examination of the party accused: All which recognisances, Informations, Depositions,& Examinations, the said Iustice, or Iustices, shal certify to the next Quarter-Sessions, Assizes or Criminal Courts for Gaol-delivery respectively, to the end the justice may proceed against them according to the Law.  
30. And forasmuch as there have been divers Acts of Parliament made for maintaining of the Poor in every Parish, It is declared, that the said justices shall take care to put the said acts in execution: viz. They shall appoint two or more persons of good famed& quality in every parish to Landward to be Overseers for the poor in each Parish aforesaid, and to authorize the said overseers to take due trial and examination of the condition and number of such poor, Aged, Sick, Lame and Impotent Inhabitants of the said parish, who( of themselves) have not to maintain them, nor are able to work for their living; as also of all Orphans and other poor Children within the said parish, who are left destitute of all help, And the said Overseers are to list and behoveful all such persons, and to provide them such convenient house for their dwelling, either apart or together, as they shall judge requisite; And upon consideration had what their necessary maintenance will extend to weekly, the said Overseers are to call for the Collections of the said Parish, or other sums appointed for the maintenance of the Poor there of, And the persons who have the said sums in their hands, are hereby required to deliver the same to the said Overseers, and their receipts under their hands shall be their sufficient Discharge; which sums so received, the Overseers are to distribute proportionably to the several poor people aforesaid, according as they shall find their necessities to require: And where the collections and other moneys aforesaid are found deficient for the maintenance of the said poor the said justices are hereby impowred to give order to the said Parish, to lay a tax or Stint upon the whole Parishioners or Inhabitants, according to the estimation of their estates and conditions, for such a weekly or monthly Contribution as shall be found necessary towards the maintenance of the said poor, and putting the said Orphans to Schools or Callings as they shall judge them fittest for, and to take care that it be effectually done: And the said Overseers are to demand and receive from al and every person of the said Parish according to the said Stint or Tax; and in case any person or persons shall refuse to make payment of the said proportions, upon representing thereof to the said Iustices, they shall give Order for the distreining and poinding of their Goods for payment thereof And the said Overscers are to take due trial of the good behaviour and carriage of the poor persons listed and enrolled as aforesaid, That if any of them, being so provided for, do go abroad to beg, or otherwise miscarry themselves, or shal refuse, being able, to work any manner of work that they are able to perform, in such cases the said Overseers are to acquaint the said Iustices therwith, who shal appoint such punishments for the first fault as in their judgements they shall find requisite;& if they shall continue in such miscarriages, they are to be held and reputed as Vagabonds, and so to be proceeded against according to the Law in that case provided. And to the end that there may be a due and exact performance of the premises, The said Iustices are hereby required to call before them the said Overseers, once in every six moneths, or oftener if they shall think it expedient, to an account upon Oath of the whole Sums received by thē, and to produce the Roll of the said poor, together with the Stint Roll, and an account of what moneys they have received any other ways for the use of the said poor,& after a due consideration of the Charge, together with the discharge thereof, to approve, allow, or disallow the same as they shall be found just. And the said Justices are to take due trial and Examination how the said Over-seers have discharged their Trust; AND in case of the refusal of any of the said Overseers, nominated and elected as aforesaid, to accept the said Office, or having accepted, shall be found negligent therein; or shall refuse or delay to give an account of their Intromisions when required, as aforesaid, or to deliver what Moneys shall be found resting in their hands, undisposed of at the end of the year, unto such new overseeres as shall be appointed: In such cases the Offenders shall incur the penalty of Twenty pounds scots, to the use of the poor, and to suffer such further Censure as the said justices at their quarter-Sessions, upon consideration had of their fault, shall see meet to impose.  

A form of Warrants, recognisances, and Mittimuse's, to be used by Justices of the Peace in their respective Counties, as their respective Cases shall require.  

A general Warrant for Felonies, or other Misdemeanours.  
Mid-Lothian.  
THese are in the Name of his Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, to charge and command you, to give Summons, or to bring before me, or some other of his Highnes justices of the Peace 〈◇〉 of 〈◇〉 to answer such matters as are already complained of, and shall be then further objected against him concerning 〈◇〉 And that he come provided with suficient Sureties to be bound as the cause shall require: Hereof fail not.  
Given under my hand the 〈◇〉 day of 〈◇〉  
To the Constables of and to either of them, or to their Deputy or Deputies.   

Warrant for the Peace and Good haviour.  
WHereas A. 〈◇〉 of 〈◇〉 hath 〈◇〉 taken his corporal Oath before me, That B. 
Mid-Lothian.  〈◇〉 hath threatened to burn his house, beat himself, his wife or children, whereupon he is afraid of bodily harm to be done to him, his wife or children, by the said B. 〈◇〉 or by his procurement: These are therefore in the Name of his Highnesse the Lord Protector of the Common-Wealth of England, Scotland, and Ireland, to charge and command you to bring the said B. 〈◇〉 before me, or some other of his Highnesse Iustices of Peace of this County, provided with sufficient Surties, to be bound with him for his appearing at the next Quarter-Sessions to be held for this County or Division, then, and there to answer the premises; And that in the mean time he shall keep his said Highnesse Peace, towards his Highnesse and all the people of this Nation, and more especially towards, 〈◇〉 which if he shall refuse to do, That then you carry him the said B. 〈◇〉 to his Highnesse Gaol at burgh of 〈◇〉 their to remain till he shall do the same, or be delivered by due course of Law 〈◇〉  
Given under my Hand and seal 〈◇〉 day of 〈◇〉   

The like Warrant for Good-behaviour, as the case cause shall require.  
recognisance for sureties.  
Mid-Lothian.  
A. B. of 〈◇〉 in the County of 〈◇〉 Yeoman, came before me, one of his Highnes justices of Peace in the said County, the 〈◇〉 day of 〈◇〉 in the year of 〈◇〉 and then did aclowledge to owe unto his Highnes the Lord Protector of the Commonwealth of England, Scotland and Ireland, the sum of 〈◇〉 pounds sterling, to be levied upon his estate real and personal, to his Highnes use, and likewise C. D. of 〈◇〉 and E. F. of 〈◇〉 did each of them aclowledge to owe unto his said Highnes the several sums of 〈◇〉 pounds sterling a piece, to be levied upon their respective estates both real and personal, to his Highness use; upon condition, nevertheless, That if A. B. shall personally appear before his Highnes justices of peace, at the next Quarter-Sessions and then answer such matters as shall be objected against them by 〈◇〉 concerning 〈◇〉 And in the mean time keep his Highnesse Peace towards his Highness, and all his 〈◇〉 and more especially towards 〈◇〉 And not depart the Court without Licence; Then the abovesaid recognisance to be voided.  
Taken and acknowledged before 〈◇〉 the 〈◇〉 day of 〈◇〉 in the year of 〈◇〉   

A. B. of 〈◇〉 in the County of 〈◇〉 Yeoman, came before me, one of his Highness justices of Peace in the said County, the 〈◇〉 day of 〈◇〉 in the year of 〈◇〉 And 〈◇〉 then did aclowledge to owe unto his Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland, the sum of 〈◇〉 pounds sterling, to be levied upon his estate real and personal, to his Highness use.  
Vpon condition, That if the said A. B shall appear before Highnes Iustices of Peace to be held for this County or Division at the next Quarter-Sessions, And then prosecute his Highnesse Evidence against 〈◇〉 concerning 〈◇〉 that then this recognisance to be voided.  
Vpon condition, That if A. B. of 〈◇〉 do personally appear before his Highnesse Iustices of Peace at the next Quarter-Sessions to be held for this County or Division, and then testify his knowledge concerning certain misdemeanours, whereof 〈◇〉 stands charged, or is suspected, and not depart the Court without Licence; Then this recognisance to be voided.  
Taken and acknowledged before 〈◇〉 the 〈◇〉 day of 〈◇〉 in the year of 〈◇〉   

I sand you herewithal the body of 〈◇〉 brought before me this day, and charged with a Felonious taking and carrying away cloth& 〈◇〉 being the Goods of 〈◇〉 or taking and driving away certain 
Mid-Lothan.  Sheep and 〈◇〉 being the Goods of 〈◇〉 with assault of 〈◇〉 and taking from his person, goods or money 〈◇〉 or with the wilful murder of 〈◇〉 or the mortal wounding 〈◇〉 or with any other Felony to bee expressed, or the suspicion of it; Him therefore receive into his Highnesse Gaol and Prison in the Burgh of 〈◇〉  
And there him s●fely keep, until he shall be thence delivered by due course of Law: Hereof fail not, &c.  
Given under my Hand and seal the 〈◇〉 day of 〈◇〉  
To the Keeper of his Highnesse goal at the Burgh of 〈◇〉   

And it being found necessary for the better execution of the Office of justices of the peace, that Constables should be appointed in every parish throughout this nation, It is Declared, That any two justices of peace in each respective Division in the several Counties and Shires, are impowred as soon as conveniently they may, to nominate and appoint two, or more, fit persons in every parish according as they shall find needful, to be Constables, and give them their Oath, for the observing& putting in execution the Instructions following.  
Likewise in great Towns, not being Cities nor free Burghs the said justices are to appoint a number of Constables proportionably to the greatness thereof, all which Constables are to be Nominated and Elected once every year, or oftener if the said justices shall find just occasion; And the magistrates of all Cities and free Burghs are to elect so many at persons to be constables in the said Cities and Burghs as they shall find needful, having consideration of the qualtie thereof, and to give them their Oath for putting in execution the said Instructions; Which Constables so to be Elected, are to be changed every year.  
And if any of the Constables nominated and elected as aforesaid, shall refuse to accept the said Charge, and not take his Oath for dutiful execution thereof, shall be imprisoned and fined at the discretion of the justices of Peace at their next Sitting.  

The Constables shall take the Oath following.  
YOu shall swear, That you shall faithfully and truly discharge your Office of Constable, within the Parish of   

Instructions for CONSTABLES.  
1. ALL the Constables, or at least one of every Parish instructed with power to answer for the rest within the said Parish, shall attend at every Quarter-Session, ther to give information of all such Breaches of the peace, and other misdemeanours as have happened within their Bounds from the preceding Sessions, and hath come to their knowledge, and shall no way hid, cover nor conceall the same, nor any of the Proofs and Evidences which they give for the clearing and proving thereof, and otherwise to give the Bench further satisfaction in any thing wherein they shall be required; and to receive from the said justices at the end of the Session, such Orders and directions as they shall then enjoin and appoint.  
2. Every Constable in their respective Parishes, shall apprehended any suspicious persons who are night-walkers, and cannot give a good account of themselves, and carry them to the next justices of Peace to find Surety for his good behaviour, or otherwise to be committed to Prison; And the said Constable or Constables, shall stay and arrest all Vagabonds, sturdy beggars and Egyptians, and carry them before some justice of Peace, who shall take order for their committing to prison, or other punishment, according to the Statutes of Parliament.  
3. Every constable in their respective Parishes, shall arrest all Idle persons whom they know to have no means to live upon and will betake themselves to any labour, trade or occupation, and shall carry them before some justice of Peace, who, after examination, shall either commit them to Prison or take Surety of them for their appearance at the next Quarter-Sessions.  
4. All Constables in their respective Parishes, shall apprehended every person or persons, that shall be guilty and culpable of Slaughter, Murder, Theft, or any other capital Crime whatsoever, and shall require his Neighbours to assist for safe conveying of such person or persons to the next justice of peace, who shall commit him, or them, or take Surety, according to the Instructions given to the justices of peace in such like cases.  
5. If any person or persons, shall refuse or delay to assist the said constable or Constables, in executing his or their Offices, such persons so refusing or delaying, shall be imprisoned, or otherwise punished by the said justices at their Sessions.  
6. A Constable shall arrest any person, not being in his Highness Service, who shall be found wearing Haugbuts, or Guns, or pistols of any sort, and shall carry them before some justice of peace, who is either to take surety for their Appearance the next Quarter-Session, or commit them Prisoners till they do the same; unless they be licensed from the council, or the Commander in chief, or some impowred from them, or him, to give such Licences.  
7. Vpon the appearance of any Fray or stir between parties, the Constable shall require the assistance of his neighbours for sundering of the Parties; and if there be any harm done to the Constable or any of the assistants by them who made the Affray, they shall be punished by the justices at the next Session.  
8. When any person or persons have, made an affray, and then flee to an House, the Constable, or Constables, may follow to the house; and if the doors be shut, he shall require the master, or the then keeper of the house, to open the Doors; which if he or she shall refuse, he shall take notice of the said master or keeper of the house, and require witness thereon; and albeit the Delinquent shall flee further without the bounds of the Constables charge, yet may the Constable follow and apprehended him in a fresh pursuit, and require concurrence of the Country to that effect.  
9. The Constables in every Parish shall execute all such Precepts and warrants as they shall from time to time receive from the justices of the peace.  
10. And that the said Constables may have reasonable satisfaction for their travels, It is Declared, That the justices shall allow unto them out of the Fines aforesaid, as in their discretion they shall think their labour and diligence doth deserve, not exceeding Twelve pence per diem for each day they shall attend the Sessions, or be employed in carrying Delinquents to prison.      

Moonday the Twelfth of NOVEMBER, 1655. At His Highnesse Council in EDINBURGH,  
ORdered, That these Instructions for Constables be forth-with Printed and Published.  
EMANUEL DOWNING, Cl. of the Council.