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true men's gear stolen or robbed, so that the said chieftains, principals of the branches, and householders worthily may be esteemed the very authors, fosterers and maintainers of the wicked deeds of the vagabonds of their clans and surnames. For remedy whereof, and that there may be also a perfect distinction by names and surnames between those that are and desires to be esteemed honest and true men and those that are and not ashamed to be esteemed thieves, robbers, sorners and harbourers and sustainers of theft and thieves in their wicked and odious crimes and deeds, it is statute and ordained that there be a roll and catalogue made with all possible diligence of all persons of the surnames foresaid suspected of slaughter, theft, robbery, reset of theft or thieves or sornings within the said sheriffdoms and stewartries, in what towns and parishes and under what landlords, masters or bailies they dwell, that all landlords and bailies be charged to find surety to relieve the king and warden in the borders and over everywhere to make their men, tenants and servants answerable to justice, and to redress parties damaged which have not found the said surety already, that the whole persons suspected and accused of the said crimes shall be given in valentines to their masters, landlords or bailies to be presented before his highness's justice and his deputes and other commissioners or assessors to be appointed at certain days and places, that it may be understood who will be obedient and who disobedient and fugitive, such householders of the said clans as compears to find caution for relief of their landlords, such as compears not to be denounced rebels and fugitives. The chieftains, principal of the branches, and householders to be charged to enter pledges for relief also of the landlords. The pledges to be delivered in keeping to the noblemen, barons and gentlemen that have received greatest and latest harm of the said thieves and sorners of clans and their assisters in their own houses, or with their friends in the country where they think most sure. If the persons complained upon compears and finds good surety for relief of their masters and landlords, to hold their tacks and titles. If they compear not, or compearing finds not the said surety, to be denounced rebels and their escheats of tacks to be conveyed to their landlords. For their better relief, the complainer to have action, criminal or civil, against the landlords, masters or bailies or their sureties for the attempt to be committed after the surety found. The value and quantity of the goods stolen or robbed or other damage done shall be referred to the oath of the complainer, the truth of the fact being proven by two witnesses. Or if the party complained on compears not personally before the justice to make his defence, or excuses him not by the oath of his master personally compearing, no landlord to set his land or to suffer his land to be occupied and possessed with his consent or receive mails, grassum or duty from the occupier thereof that being of a clan finds not surety to relieve his landlord between now and 1 August next, which if the landlord omits to seek for his relief, he to be answerable to the complainer, criminally or civilly, as if he had done the deed himself. None of the said clans or other broken men, their wives, bairns, heirs, executors or assignees shall have action, criminally or civilly, against whatsoever person for effecting plunder, slaughter, fire-raising or other alleged violent deed committed against them by any of his highness's lieges, except they instruct with their summons that the person allegedly hurt,
