Manuscripta juridica

Ordo iudiciorum criminalium Scotiae - Circuit Courts of the Justiciary : instructions by the Secret Council

---

No. of pages: Fol. vii recto - verso (after fol. 346):

Rubric: Instructions given by the Lords of Privie Counsell to the commissioners nominate by the kings majestie for keeping of justice and circuit courts throwout the severall parts of this kingdome, tuiching the forme of thair proceeding, and upon quhat crymes and breake of penal statuts the saids commissioners sall proceede in the saids courts

Incipit:

• [{i}First entries:{/i}] The Lords of Secret Counsell gives power and warrand be their presents to the saids justices and commissioners within the severall circuits to sitt, cognosce and proceede against persons guiltie of the crymes particularlie underwrittin and of the breake and violation of the penal statuts following, or such or so many of them as the Lord Cheife Justice of this kingdome sall thinke meitt and expedient - to quhose discretion in this poynt the saids Lords remitts and referris the samen.

  Against the sayers and hearers of masse.

  Against abusers of the sacrament.

  Against Jesuits and seminarie preists, and the referrers and suppliers of them.

  Against witches, sorcerers and necromancers and seekers of answers, or helpers of them.

  Against excommunicat persons or resetters of them.

  Against incestuous persons, adulterers, marriers of twa wifes or twa husbands, foirstallers and regraters of mercats, resetters, intercommoners and suppliers of traytors, perturbers of the kirke in tyme of divine service, papists bearing publick office or teachers of youth, raisers of fyre or burners of houses, raptor ravishing of women.

  Against murderers and committers of slaughter, mutilation and dismembring, hurters and wounders of persons upon old feed, and furthought felony, false notars and witness first civillie tryet, false officers of armes usurping the office thairof, not being laufullie admittit, or users thairof after deprivation.

  Against theivis, resetters of theivis, outputters of trewmens gyids, and inbringers of thevis.

  Against sorners, vagabonds, masterfull beggars, feinzit fooles, and counterfait Egiptians.

  Against bearers or shooters with hagbuts or pistolets, slayers or hochers of oxen or uther guids, cutters or destroyers of growand trees, plewes or mylnes, rynders, barellers and metters of talloun, and transporters thairof out of the kingdome, transporters of forbidden guidis beyond sea, sick as linnencloth, victuall and talloun, ockerers and givers of money for weeklie or yeirlie profit above the Act of Parliament.

  Against havers of uncustomized merchandice out of the kingdome, users of false weights, metts or measures, breakers of waird or prison houses, fraudfull mixers of wyne.

  Against the convocation of the kings leiges in armes, and coming to courts utherwise than in sober maner, great and masterfull reivers and oppressors, maltmen that exceeds the pryce betwixt the maltmen and the malt, deforcers of officers being first civillie discust, and slayers of red fish or smolts in forbidden tyme

Explicit:

• And tuiching the makers and composers of false wryts, and such as are accessorie thairto, that dittays be taken up against them and the dittayis reported to his majesties Counsell