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, 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,

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 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 [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 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.