bairnes, familie, or tender friendes quhat-sum-ever, upon the ground, and within the house occupyed and possessed be him, before he was declared, or put to the Horne; Or in-case hee have bene receipt in the same house at onie time after his forefaltour, or denunciation to the Horne: notwithstanding onie fraudfull disposition or assignation, or simulat gift or richt of escheitt purchased of the same, in favour, or to the behoove of the saidis Traitoures or Rebelles of before, quhair-throw the houses and possessiones of the saidis Traitoures and Rebelles, sall nawaies bee suffered to cum to their use or commoditie, directlie, or indirectlie, during the time of their Rebellion; And the up-taking of the saidis escheitt guddes and debtes, and labouring of the saidis tackes and possessiones, during the continuance of the saidis Traytoures and Rebelles, in their rebellion, sall nawaies be impure to the said Thesaurer, or utheris havand his richt or direction, as ony action criminall or civill, exonering and dischargeing them of the samin for ever: And that the said Thesaurer or his deputes, cause the houses of the persones committers of the crimes foresaidis, be deteined and keeped, upon the expenses of the reddiest of the saidis escheit guddes.
146. Willfull setting of fire in Coale-heuches, is treason.
FOR The better punishment of the wicked crime of setting of fire in Coale-heuches, be sum ungodlie persones, upon privat revenge and despite: It is statute and ordained, that the committing of the said crime, in onie time hereafter, sall be treason: And that the committers thereof, being ordourlie convict, sall suffer sik punishment in bodies, landes and guddes, as is dew be the Law, in causes of treason.
147. For punishment of maisterfull beggares, and reliefe of the puir.
OUR SOVERAINE LORDE And his Estaites, in this present Parliament, ratifies and apprievis his Hienes act of Parliament, maid for punishment of strang and idle beggars, and provision for reliefe of the puir and impotent: And ordainis the fame to be put in execution in all partes of the Realme, as it lies alreadie tane effect, within the partes of the Burgh of Edinburgh; And because sum of the Schireffedomes ar of wide and lang boundes, quhair-throw it will be difficil, to convoy vagaboundes and persones offending, to the commoun prisones of the head Burrowes of the Schire: Therefore ordainis and commandis all Schireffes, Stewartes, Baillies, Lordes and Baillies of Regalities, and their deputes: And Provestes and Baillies within Burrowes, to make prisones, stockes and irones: Not onelie at the head Burgh, but also at the principal throw-faire tounes, and Paroche Kirkes, within the haill boundes of the Schire: alsweill to Burgh, as to Landwart; And to constitute ane or twa Schireffe-deputes, of honest and zealous men, of best credite and power in the boundes within, or nixt adjacent to the saidis Burrowes, throw-faire Tounes and Paroche Kirkes, to put the effect of the said act of Parliament in execution: Or gif the saidis Schireffes, or utheris Judges ordinar, beis found remisse or negligent: gives and grantis, full power, charge and authoritie, to the Ministers, Elders and Deacons within the boundes of everie Parochin, or of sa monie Parochines as will concur togidder, to nominate and elect ane, twa, three or maa persones of the best habilitie, zeale and discretion, within the same Parochin or boundes, quhom his Hienesse makis and constitutis Justices and Commissioners in that parte, to the effect underwritten; Givand, grantand, and committand to them, conjunctlie and severallie, full power, charge and authoritie, to execute the said act of Parliament, concerning the punishment of strang and idle beggares and vagaboundes, and provision for reliese of the puir and impotent: And to that effect, to sense and hald courtes, creat officiares, summound assise, ilk person under the paine of five pundes, un-lawes and paines, to take, up-lift, and raise; And for the same, gif neede beis, to poynd and distreinzie, and to the uses conteined in the said act applie; And generallie all and sindrie uther thinges, to do, exerce and use, that to the full execution of the same acte of Parliament, within the saidis boundes, is necessarlie required, and in-case the saidis Judges ordinar, or their deputes, or the saidis persones to be nominate and elect, as said is, constitute Justices and Commissioners, be the authoritie of this present acte of Parliament, sall happen to refuse or delay, to accept and use the said Commission; Or having accepted the same, sall be found remisse or negligent in execution thereof: they sall incurre the paine and un-law appoynted, against Judges and Magistrates, be the said act of Parliament: quhairupon dittay sall be uptaken, and they called and accused therefore, at general Justice aires, or particular diettes; Or then letters sall be direct, be deliverance of the Lordes of Councell and Session; Chargeing alsweill the saidis Judges ordinar and their deputes, as the saidis persones to be nominate and elected; and constitute Justices and Commissioners, be this present act of Parliament; upon the fight of the acte and testimonial of their nomination and election: to put the said act of Parliament to execution in all poynts: after the forme and tenour thereof, within fourtie daies, nixt after the charge; under the paine of rebellion, and putting of them to the Horne; And gif they failzie therein, the saids fourtie daies being by-past; to denunce the disobeyares, rebelles, and put them to the horne: And to escheit and in-bring, all their movable guddes to his Hienesse use, for their contemption. And for the better tryall of commoun fornares, vagaboundes, and maisterfull beggares: seinzied fooles and counterfaict Ægyptians: And to the effect that they may be still persewed, quhill they be compelled to settle them at sum certaine dwelling, or be expelled foorth of the Countrie: That the Schiresses and uther Judges ordinar, and their deputes, and uther Justices and Com-missioners
