No. VIII. A DECLARATION and ORDER of his Highness Council in WELL'S DE CLARA THE faid Councill having taken into their serious confider- 1655, OLIation how much it may conduce to the peace and good of VER CROMthis Nation, That Juftices of peace should be fettled and reestablished in every County and Shire thereof; and finding TION AND that by feveral acts of the Parliament of Scotland, the faid ORDER. office hath been found needful, and was appointed and established for preferving of the public peace, and fuppreffing and punishing of fundry mifdemeanours, have found it neceffary, for the good government of this nation, to appoint certain perfons of ability and fidelity in every county and fhire in Scotland, to be Juftices of his Highness the Lord Protectors peace; which being accordingly done, the Council have thought it fit hereby to declare, That they have given Commiffions to fuch perfons to be Commiffioners and Juftices of his Highnefs peace in the faid Counties respectively, and authorifed them to put in execution all the powers and authorities committed to them by certain instructions which were agreed upon by the Council, printed by their order, and are hereunto annexed. And as the Council do expect that the perfons intrufted as aforefaid be careful in the good discharge of the truft repofed in them for the peace and happiness of the Nation, fo the Council will on all occafions give them all due countenance and en Thefe inftructions of Oliver Cromwell, which have been the fubject of fo much commendation, neither appear in Scobell's collection, nor in the volume intitled "Refcind"ed Acts," which comes no farther down than the year 1649; nor among the records in the general regifter at Edinburgh. They are print ed from a copy in folio, in the Saxon couragement therein; and the Council do hereby strictly require all people of this Nation, whom it may concern, to take notice and be obfervant of the faid inftructions (in what to them refpectively appertaineth) as the contemners or contraveners thereof will answer the contrary at their perils. And to the end that no perfon may pretend ignorance of them, the Council do hereby order that this declaration, with the faid printed papers of the faid instructions, be forthwith published at the market cross of Edinburgh, and in the head Burgh or Town of each Shire in Scotland by the respective Sheriffs of the faid Shires. GIVEN at Edinburgh, the 12th day of December, 1655. 1655, CROM WELL'S IN STRUC TIONS CONERN ING JUSTI- PART I. Br his Highness' Council in Scotland, for the Government thereof. INSTRUCTIONS FOR THE JUSTICES OF PFACE IN SCOTLAND. 1, The Commiffioners and Juftices of the peace shall take the Oath following. You fhall fwear, That you, as one of the Commiffioners and Juftices of his Highneffe the Lord Protectors peace, within the Shire of according to your knowledge and power, fhall do equal right both to rich and poor; and that you shall not be of council with any perfon in any quarrel or matter depending before you, and shall faithfully Oath of of- and truly discharge your duty as a Fuftice of peace; and ball endeavour, according to your power, the prefervation of the faid peace; and that you take nothing for your office of Juftice of peace, but what is, or fhall be, by the law allowed. fice. Admini ftering the oath. Time of holding the quarter-feffions. 2, THAT no perfon fhall execute the office of Juftice of peace, until he hath taken the oath before mentioned before the Sheriff of the Shire, or before two Juftices of the peace, who have taken the fame, who have hereby power to adminifter the faid oath to all other Juftices who have not taken it, within the refpective Shires at their refpective admif fions. 3, THAT the faid Juftices fhall begin their quarter Sef WELL'S IN fions at the times of the year following, viz. the first Tuef- 1655, day in the month of February, the firft Tuesday in the CROMmonth of May, the firft Tuesday in the month of Auguft, STRUCthe laft Tuesday in the month of October; at fuch places TIONS as fhall be agreed on by the greater number of them, or (in default thereof) by the appointment of the cuflos rotulorum in the refpective Counties; and fhall have power to continue the faid Seffions, or to adjourn the fame to fuch days and places as fhall be for the better administration of justice, and moft eafe to the people. CONCERN- CES. peace. 4, ANY one Juftice fhall have power, upon complaint of Binding any perfon, being threatened, and fearing to be wronged, to over to the bind the party complained upon under fuch a pecunial fum to keep the peace as he fhall think fitting; as alfo, to commit fuch perfon to fafe cuftody until furety be found by him, the faid complainer always giving his oath before the Justice that he hath juft caufe to dread his harm; and albeit no períon complain, yet if the Juftice be credibly informed of appearance of trouble betwixt any parties, he shall bind them to the peace in manner aforefaid, except the parties declare upon their confciences that neither of them doth bear any grudge to the other. And all fuch bonds or recognifances fhall be kept in record by him, and he fhall make delivery of the fame to the Clerk of the peace at the next Seffions, to be kept and registered by him. 5, If any perfon being charged to make his appearance Refufing to before a Justice or Juftices of peace, and fhall refufe or de-appear be fore justices lay without juft caufe, then the Juftice or Juftices, whofe of the command fhall be contemned, fhall hereby have power to peace. command the next Conftable, or in abfence of a Conftable, his or their own fervant, or any other perfon having a warrant in writ fubfcribed by the faid Juftice or Juftices of peace, with affiftance of the Country, to bring any fuch perfon before him or them. to panish 6, If any Sheriff or Bailiff authorifed in that behalf, fhall Neglect of condemn any perfon for a Battery wherein blood is drawn, magiftrates ufually called blood weight, or otherwife convict him in any delinquents pain proper for him to impofe, the Juftice fhall have no power of new to fine that offender for that offence, but if they fhall finde him not condignly punished in regard of the ffence committed by him, they fhall then inform his High Vol. 11. C 1655, WELL'S IN- TIONS nes Council thereof, that they may take order therein; and if there be not fatisfaction made by the Sheriff or Bailiff authorised as aforefaid to the party offended, the Justices at the Seffions may modifie and order reasonable satisfaction to CONCERN- the party offended, he purfuing therefore before them: And ING JUSTI- if they fhall find the fatisfaction ordered by the Sheriff or Bailiff in favour of the faid party offended, not condign or anfwerable to the offence and wrong fuftained, Then they fhall alfo inform his Highnes Councill thereof, that they may take order therewith as appertaineth. CES. Magiftrates fuffering the guilty to efcape. Jurifdiction in riots, &c. 7, IF any Sheriff or his Deputy, or Deputies, by collufions with the delinquent, fhall fuffer any perfon guilty to be quitted or cleared by Jury or Affize, the party once cleared is not to be brought further in queftion before the Justices, but upon their information the Sheriff, his Deputy, or Deputies, respectively are to be called, cenfured, and feverely punished by his Highnes Council. 8, THE faid Juftices fhall hereby have power to proceed upon all perfons committing riots, and breaking his Highnes peace, and to punish and fine according to the quality of the crime and the Eftate of the offender; and if any of the faid perfons being charged to appear before the faid Juftices fhall disobey, the fummons being endorsed, the lawful fcitation verified, and fact proved, The Juftice fhall punith and fine the not appearing according to the quality of the crime, and the eftate of the offender; and for the more clear determination of the order, which shall be kept by the faid Juftices, in the deducing of any fuch proceffe, It is declared that it fhall be lawful to the faid Juftices, whenfoever they have occafion to move any actions against parties for Reference committing any like fact or Ryot, to refer the first Summons to the parties oaths of verity, in cafe of want of other lawful probation, who being perfonally fummoned by the first Citation fhall be holden as confeffed, and decree to be pronounced against him conform to the Lybel and Summons; and if he be not perfonally fummoned by the firft citation, the faid Justices are to summon him again by a fecond fummons at his dwelling place, which two fcitations 2d citation, fhall be as fufficient to infer Decreet and fentence upon the when necef- Lybel against him as if he were apprehended perfonally; fary. and which fentence given after the manner and form of ap to oath. Citation. probation above written is declared to be good and lawful in 1655, itself. CROMWELL'S INA STRUC ING JUSTI 9, THE faid Commiffioners of the peace fhall put the lawes and acts of Parliament to due and full Execution TIONS against wilfull beggers, and vagabonds, and noblemen and CONCERNwomen without calling or trade, lurking in ale houfes, tied CES. to no certain service, reputed and holden as vagabonds, and against those perfons who are commonly called Egyptians, Beggars. and they fhall punish and fine their receptors, and fetters of houses to them accordingly, by fuch competent pains as is proper to them to injoin. and ferries. 10, THE faid Commiffioners and Juftices of peace are Jurifdiction hereby authorifed, with power to give order as they shall touching think moft convenient, and with leaft charge to the fubjects, highways for mending all Bridges, High ways, and Paffages, to or from any market Town or Sea Port within their refpective Shires, viz. by laying a penalty upon the County, Parishes, or Perfons refpectively liable, according to the estimate they fhall be informed the Charges of the Bridges and High ways will amount unto; which penalty they are to levy and difpofe of for the repairing of the faid Bridges and High wayes; And fhall also call before them all fuch persons as fhall ftraighten those High wayes and Paffages, or otherwife, by cafting of ditches, or any other trenches through the fame, shall make thofe high ways noifome and troublesome unto paffengers, and fhail punish them, and fine them according to the quality of their offence; And to the effect Breadth of it may be known of what breadth all Common High Wayes highways. fhould be to market Towns, it is declared that the fame fhould be of 20 foot of meafure in breadth at the leaft; and where any are of larger breadth, it is ordained the fame fo to remain unaltered or ftraightened; and that the faid Juftices cause the fame to be maintained with all other wayes from any town in the parifh to the parish Churches in the fame breadth as they are; and where they find any neceffty of other ways from any town in the parish to parish Churches, they fhall inform his Highneffe Council thereof, who fhall give them, after fufficient information, their direction therein, according wherein unto they shall be holden to proceed; and if any county, parifh, or perfon, to whom it belongs as aforefaid, fhall refufe or neglect to concur for |