in the Lawes and in so far as the Law is just and praise worthy in it self and is throâ—gh neglect or which is worse willfully slighted and transgressed it leaves a staine of unjustice and baseness upon the guilty Wherefore it is not onely the Reverence which we ow to Authority but the Justice and Equity of the Lawes that should engage all good Men to yeeld Obedience to the Statutes of the Nation 2. It may be asserted without prejudice to Truth as these that are best acquaint with the Lawes at home and abroad knowes there are few Nations if any that can be said to have better Lawes then we of this Nation have had so that if there should be found any neglect it would be the default of care and diligence yea of the fidelity of those to whom the execution of them is committed The best remedy whereof is to have good able and conscientious Office-bearers 3. Yet I shall not desire to be so understood as if I thought it Duty implicitly to obey all Publick Lawes for I know a State may erre and have erred as well as a Church and therefore Parliaments have found cause to repeall and nullifie many Acts and Lawes made by former Parliaments and in caise of errour which a man by his private Judgement of discretion may discern it is sin to obey For though the Authority be lawfull yet it may make wrong Acts which according to the Law of GOD who is the onely Supream Law-giver cannot be lawfully keeped upon this account Israel is threatned Micah 6.16 For the statutes of Omri are kept and all the works of the house of Ahab and ye walk in their counsels that I should make thee a desolation and the Inhabitants thereof an hissing therefore ye shall bear the reproach of my people In this caice I say when a Lawfull Authority Acts unlawfully our duty is to suffer rather then to sin It is therefore the duty of all to pray earnestly for Law-givers that they might be Governed of GOD to make no Acts but what are good and observable and what are sinfull may be repealled It is so far from being a duty to obey sinfull ordinances which are contrary to the Commandment of GOD that it argues a people to have no sound Principle of the fear of GOD but to have more fear and respect unto men that shall die and to the sons of men that shall be made as grass then to the living GOD who hath streached forth the Heavens and laid the foundations of the Earth Isa. 51.12 13. And GOD in his Righteous Judgement not onely threatens but oftentimes executs that threatning Hos. 5.11 Ephraim is oppressed and broken iâ— judgement because he willingly walked after the commandment It s no strange thing to see a people oppressed by those whose sinfull commands they have willingly obeyed The other kind of Lawes that are to be punctually observed are Municipall such as are made and enacted in Councill and if expediency require Ratifyed in a Publick Head Court by consent of the whole Town for Lawes of greatest and most common concernment are of greatest Authority when approven by all or most of an Incorporation It is a well Governed Town where Lawes bear the whole sway of the Authority when neither fead nor favour fear nor reward prevails but all men are judged according to the Law impartially Wherefore I shall say no more to this purpose but that it concerns all men in Councill and Magistracie strictly to take notice what Nationall Lawes are most to be observed that may conduce most to the good of the Town and Honour thereof and carefully to see these put in execution And as for Lawes occasionally made be themselves or by their Predecessors for advancing of the Common Good let them be observed with â—hat veneration and executed with that disâ—retion as is most becoming their Honour â—nd Gravity CHAP. XII Some select Acts of Parliament anent Royall-Burghs and the Conservator and anent the Staple BEcause Magistrats and Inhabitants of Burghs may probably not have the Acts of Parliament at hand to make use of at all occasions I have thought it not amiss to extract out of the Abridgment of the Acts of Parliament such as I judged most propper to be known by all with this caution that every discreet and intelligent Person may take heed to distinguish betwixt Times elder and latter That in all Burghs there be eight or twelve Persons after the quantity of the Town chosen of secret Councill and sworn thereto to decide matters of wrong or un-law to the avail of five or eight pounds within eight dayes warning Ja 2. P. 11. c. 46. That no man in Burgh be found in Man-rent nor ride in Rowl in fear of Weir with any but the KING and his Officiars or the Lord of the Burgh and that they purchase no Lordship in Oppression of their Neighbours under pain of Confiscation and their lives to be in the KINGS will Ja. 2. P. 14. c. 77. Ja. 4. P. 3. c. 34. and Ja. 5. P. 4. c. 27 That all Merchants be Freemen indwellers in Burghs Ja. 3. P. 2. c. 11. That Officiars in Burghs be not continued further then a Year that the Old-Councill first choise the New and then both Old and New choise the Officiars and that ilk Craft have Vot in Election of Officiars by one to be chosen be the Craft yearly and that no Captain nor Constable of any Castle may bear Office in the Town Ja. 3. P. 5. c. 30. In all Burghs four of the Old-Council should be chosen Yearly to sit with the New notwithstanding the preceeding Acts. Ja. 3. P. 7. c. 57. That the Election of Officiars of Burghs be without partiality or mastership Ja. 3. P. 14. c. 108. That all Officiars in Burgh be changed yearly and that they be persons useing Merchandise within the Burgh Ja. 4. P. 6. c. 80. Honest and and substantious Burgesses Merchants and In-dwellers thereof under the pain of tinsell of their freedom who does in the contrare Ja. 5. P. 4. c. 26. That none be capable of Magistracy or any any other office within Burgh except Merchants and actuall Traffickers within the said Burgh allennarly and no others And that the said Magistrats and Commissioners of Burghs to Parliaments wear such decent Apparel in all solemn occasions as his MAJESTIE shall prescribe Ja 6. P. 20. c. 8. That the Commissioners of Burrowes conveen yearly in Ennerkeithing the morn after St. James day to treat about the wellfare of Merchandise and their own common profit and the Burgh absent to pay five pounds to the Coast of these present and that letters be direct thereupon Ja. 3. P. 14. c. 111. That all Ships strangers and others come to free Burrowes and there make their Merchandise and that strangers buy no Fish but salted and barrelled and shall make no Merchandise at the Lewes and that no Subject take Ships to fraught in defraud oâ— the KING
requires Also Rulers would guard against all abuses and oppressions committed readily by Tradesmen upon new Intrants whereby they are brought so low in their condition and so plunged in debt before they can be free in their Tradâ— that they are hardly able in many years to recover and get themselves out of burden CHAP. XVII Concerning Planting both for Profit and Pleasure HAving touched severall things that may seem worthy of a Councils consideration for making a Town flowrish in the foregoing Chapters or Partitions I cannot ommit to offer it to their Judgments to deliberat if it be not very expedient both for profit and pleasure to consider how their Cities may be beautified with Planting of usefull Trees in all places in and near the Town where it may be most conveniently had for it is no small reproach upon the generality of our Nation that our People are so negligent and careless in this particular notwithstanding of the great contentment and satisfaction that may be reaped thereby for Planting is not onely delightfull to the eye and in a manner exhilirating the heart of every beholder by its beauty and greeness inviting the cheerfull Birds to chant and express their melodious Notes to the great refreshment of the hearers oft tymes but also in few years due diligence and care being taken to plant them aright and to prune and keep them they are very usefull for publick and private use as need and expediencie shall require We find that the most flowrishing and rich Nations have great abundance of many soâ—ts of Planting and that not onely by Nature but by Art and Industrie of the Inhabitants and Divine Providence hath evidenced her bounty in a liberall measure to us in that matter no less then to others our Neighbours round about us as may be witnessed by the many Woods and Forrests that have been well furnished with Oakes Elmes Firrs Ashes c. and Fruit-Trees which in every generation are much destroyed and cut down and few or none to repair them and how can we but undergo the just reproach of a careless and lazie People in this thing and the rather that no Laws and Acts of Parliament made by our Gracious and Vertuous KINGS and Estates of the Kingdom particularly by K. James the 5 th in his 9. Act of Parl. 4. and our late K. Charles the 2 d. Parliament 1. Act 41. cannot prevail It is obvious to the sence of every beholder what an Ornament Planting is to Great mens houses who are worthie of their due commendation that have taken paines herein I think it worthie the considering that when GOD created Man in his primitive Innocency and Integrity he placed him in a Garden and put that exercise upon him even in a sinless state to dress and keep it Gen. 2.8 15. whence it may be observed that Planting and the care thereof is an exercise not unbecoming the best of Saincts nor the Greatest of men we may see many Proofes oâ— this as First in that Good and Holy Man that found Grace in GODS sight when all the World save a few with him perished Gen. 9.20 And Noah began to be an Husband man and he planted a Vyne-yard Secondly Abraham the Friend of GOD and Father of the Faithfull Planted a Grove in Beersheba and called there on the Name of the LORD Gen 21.33 Next King Solomon a Great and Wise KING Eccles. 2.4 5. I made me great Works I builded me Houses and planted me Vyne-yards I made me Gardens and Orchards and I planted in them all kind of Fruits So Uzziah delighted in this Employment 2. Chron. 26 10. He had Husband-men and dressers of Vynes c. Yea our Blessed LORD JESUS did honour this Industrie by his frequenting the Garden Joh 18.1 When JESUS had spoken these words he went over the brook Cedron where was a Garden into which he entered with his Disciples Ver. 2. And Judas also who betrayed him knew the place for JESUS oftentimes resorted thither with his Disciples I could name many Great men that have taken pleasure in Planting as Cyrus the younger King of Persia who planted Orchards and Gardens with his own hand See Cicero de Senectute p. 210. But I shall forbear to insist onely desiring our Cities and Towns may seriously consider the profit and pleasure and that it will very far counterballance the expense and paines by a constant and yearly recompense I mean a well furnished Garden and Orchard when carefully keept and waited upon Therefore I shall close this purpose with a friendly desire that all Magistrats and Town-Councils may seriously consider how they may in this give best obedience to the laudable Acts and Laws of the Land and with most profit and satisfaction to their respective Incorporations and that it may be remembered when Adam sinned he was sent forth from the Garden of Eden to till the ground which was a more painfull and inferiour employment and not permitted to enjoy that sweet and refreshful mansion of the Garden It was a part of Gods Curse upon a land when Trees were smitten and taken away from it Exod. 9.25 Amos 4.9 Joel 1.12 And it is a promised Blessing To plant Gardens and eat the fruit of them Jer. 29.5 Amos 9.4 Ezek. 34.27 Therefore these Precepts may be pertinently applyed to this purpose Tit. 3.14 Let ours also learn to mantain good Works for necessary uses And that of Philip. 4.8 Whatsoever things are true whatsoever things are honest whatsoever things are just whatsoever things are pure whatsoever things are lovely whatsoevâ—r things are of good report if there be any vertue and if there be any praise think on these things Much of our Corne-fields about some Towns have been improven for Herbs and Roots by common Gardners and why not some of the choisest Soyles and Situations be also made use of for pleasant Gardens and fruitfull Orchards which are to be seen frequently in well ordered and flowrishing Towns abroad to their great profit health and delight without their Towns and few of our Nation have little worse Grounds for such things save that Walls and Dykes may be found expensive and sparing many unnecessary superfluities in other things and bringing home Tyle for ballast in Ships from Holland c may help that and the profit accrewing by a fruitfull and well ordered Orchard in a few years will recompense all expensses with GODS blessing abundantly CHAP. XVIII Concerning Charity and care of the Poor THough there may be many Duties incumbent upon Magistrats and Town-Councils who are Governours of Cities and Burghs which the judicious will understand as their occasions and stations will discover unto them that there is one Dutie which is none of the least that all are bound to consider because the Supream Governour of Heaven and Earth takes speciall notice thereof and hath carefully recommended to all his People and that is a tender care over and a cordiall Charity towards the Poor See for this Deut. 15.7
surely will not miss If all our Rulers shall account of this Then these Memorialls shall esteemed be And by our Cities keept in Memorie A Friend to the Author Another to the AUTHOR of these MEMORIALLS HEre doth a Publick Spirit breath Tho by a privat Pen Both to provock and to incit Like minds in powerfull Men More to preferr the Publick Good And seek that to advance Then Property or Interest Or Breeding brought from France And if Ambition laid some men To seek Renown and Praise How much more should Religion then Above this Region raise True Christian Vertue doth aspyre To Eternize their Fame Before the LORD by doing so As He 'll approve the same A lover of the Publick Good Here is this Authors Name Let all who read this Book make choise Of this habituall frame A Lover of the Author The Contents or Index of the Memorialls contained in this Treatise CHAP. I. Anent the Diversitie of Burghs Viz. Burghs of Barrony Regality and Burghs-Royal Pag. 17 CHAP II. Anent Government in generall and in speciall and the advantages of the Burghs-Royall by the Ingredients of the severall sorts of Government Pag. 19. CHAP. III. Of the Councill and their Duties in generall and their two chief Ends they should aim at Pag. 25. CHAP. IV Anent Religion and Holiness wherein it consists not and wherein it doth consist Pag. 27. CHAP. V. Anent Iustice and Righteousness and the Branches and Effects thereof in a City Pag. 32. CHAP. VI. Anent Sobriety and Moderation Pag. 34. CHAP VII Anent bearing down Ambition and joyning in Elections of Magistrats and Councill Pag. 38. CHAP VIII Anent Sloath and Neglect in Rulers and their publick Administrations Pag. 44. CHAP. IX Anent Envy and Vain-Glory being both enemies to Vertue Pag. 55. CHAP X. Anent Love and Concord as the surest foundation of a Kingdom City or Common-wealth Pag. 62. CHAP. XI Anent Observation of Laws both Nationall and Municipall Pag. 70. CHAP. XII Some select Acts of Parliament anent Royal-Burghs the Conservator anent the Staple Pag. 74. CHAP. XIII Concerning some Means in generall by which a Burgh may flowrish Pag 88. CHAP. XIV Concerning Merchandising Pag 94. CHAP. XV. Concerning some general Overturs for improvement of Trade mostly relating to the Chief Rulers of the Kingdom Pag. 98. CHAP. XVI Concerning Mechanick-Trades Pag. 111 CHAP. XVII Concerning Planting both for Profit and Pleasure Pag. 115. CHAP. XVIII Concerning Charity and care of the Poor Pag. 120. CHAP. XIX Concerning Magistrats in Generall and the Qualifications requyred in them Pag. 125. CHAP. XX. Concerning the Duties Office of the Provest Pag. 134. CHAP. XXI Concerning the Office and Duties of the Bailies Pag. 137. CHAP. XXII Concerning the Office and Duty of the Dean of Gild. Pag. 140. CHAP. XXIII Concerning the Office and Duty of the Towns-Thesaurer Pag. 146. CHAP. XXIV Concerning the Office and Duty of the Town-Clerk or Recorder Pag. 148. CHAP. XXV Concerning some Duties incumbent upon the Magistrats joyntlie Pag. 151. CHAP. XXVI Concerning Iustice of Peace Courts to be holden within Burgh by the Magistrats thereof Pag. 159. CHAP. XXVII Concerning some Considerations laid before the Youth in every City or Corporation Pag. 165. CHAP. XXVIII Directed to the Inhabitants and Freeâ—men of Cities Pag. 176. CHAP. XXIX Some Overtures humbly offered to the Nobles and Gentry of the severall Shires in Scotland Pag. 182. MEMORIALS For the Government of ROYALL-BURGHS in SCOTLAND CHAP. I. Anent the Diversitie of Burghs Viz. Burghs of Barrony Regality and BURGHS-ROYALL IN the Kingdom of SCOTLAND there are three sorts of Burghs some are Burghs of Barrony some are Burghs of Regality and some are Royal-Burghs Burghs of Barrony are such as the Barrons hath full power to choise their Bailies Burghs of Regality are such as the Lord of the Regality hath the full power to choise their Bailies unless power be given them in their Infestments be him to their Commonalitie to choise their own Bailies whereof there are diverse instances in the Kingdom Some are Royal-Burghs so called because they hold immediatly of the KING and by their first Erections have power to choise their Provest Bailies and Councill and have the onely Priviledge of Forraign-Trade and Merchandising and have their own Common-Lands holden of the KING their Houses and Burrow-Lands holden in free Burgage of the KING can enter an Heir to Tenements of Land within Burgh brevi manu without Service or Retour and enter them thereto and give them Seasing by Hesp and Staple and have many more Priviledges conferred on them some of them being Sheriffs within themselves as Edinburgh Aberdeen Striviling c. Having briefly set down the differences betwixt the three severall sorts of Burghs My design relating onely to Royal-Burghs I shall set down first the manner of the Government thereof 2 dly Shall set down the nature of the Town-Councill and the Duties incumbent unto them in reference to GOD and the wellfare of the City 3 dly Shall set down the Qualifications of an able and fit Magistrat upon whom a chief part of the prosperitie and happiness of a Town depends And then the particular Duties relating to each of the severall Magistrats in particular and next of their Duties joyntly together CHAP. II. Anent Government in generall and in speciall and the Advantages of the BURGHS-ROYALL by the Ingredients of the severall sorts of Government AS to the Government of our Cities and Towns severall Politick Writers have concluded that a well mixed Government made up of all â—states and Ranks of Persons is to be preferred to any of the three sorts of Governments that hath been or at this day is in use in Kingdoms Common-Wealths or Cities as they are simply considered as Democracie which is when the People or mixed Multitude have the Supream Power in them Magistrats are chosen by them Laws are made by them and that which is carried by the greater part is esteemed to be the Judgement of the whole Their great end is Liberty to live as they please and do what they think fit and this kind of Government degenerats often into confusion and many gross abuses have been committed by it Secondly Aristocracie which is when a few persons have the Soveraign Power in them and this often degenerats into Faction and Division Thirdly Simple Monarchie when one person hath absolutely the whole Power in himself to make what Laws he will and do whatsoever he thinks good and this often degenerats into Tyrannie But as is said a well mixed Government made up wisely of all Estates and Ranks of persons is preferred before any of these Such is the Government of this our Ancient Kingdom and in some respect our Cities are mostly so constitute for since a Common-Wealth or Citie consists of severall Degrees of men of different conditions and imployments some Merchants some considerable Heritors that live upon their Rents some Tradsmen and Handicrafts the want of which would make a great defect in a
GOD â—o be an instrument of good in his place he â—ust make conscience to look up to GOd â—nd wait upon him for his blessing in all his â—ndertakings Prov. 3.6 If we acknowledge â—e LORD in all our wayes he will direct our â—aths And without this waiting on the LORD or his blessing how can any expect to prosper â— their undertakings and consultations The forecited Author sayes in that same place Ibâ— nunquam res humanae prospere succedunt ubi neâ—gliguntur divinae There human matters never succeed well where divine are neglected And he adds Tit. 4. Let the Council be diligently carefull that what ever is done in the Senate they may have GOD for their Author whose favour being obtained by the Sacrifices of spiritual Prayer nothing can succeed ill nor fall out wrong in thâ— Common-Wealth When a Popish Prelat goeâ— thus far in this matter Professors of Truth should much more depend upon GOD and acknowledge him having many promises annexed to the Dutie as Ierem 29.12 13. Zach. 13.9 Psal. 10.17 Philip. 4.6.7 Prov 15.8 29. Ioh. 16.23 Thus for the dutie of Holiness which is theâ— first branch of Religion CHAP. V. Anent Iustice and Righteousness and the Branches and Effects thereof in a City CIties that would honour GOD aright would studie in all things to be Just and Righteous This Righteousness and Justice of all the blessings oâ— Civil Society is the greatest for â—t layes the foundation of Civil Societie and without it there could be no Civil Societie or Corporation whatsoever yea without it all â—he duties of Holyness and Religion will prove â—o be but Formality and Hypocrisie accorâ—ing to Amos 5.21 22. The propertie of this Divine Vertue is to do wrong to none and â—s the Civilists desyne Justice it is to render â—o every one their due To those that have â—eserved well thanks praise and reward â—nd to offenders rebuke and punishment It is verie notable duty and a branch of this vertue to keep promises pactions â—nd covenants and all such engagemenâ—s â—nd that not onely with Citizens or Strangers with whom we have to do but also with our Enemies There can be no baser imputation â—pon these who have the charge of the Common-Wealth then to break promises and engagements which reproach can never be obâ—iterated by any progress of time as we read of the Carthaginians whom Ennius called Covenant breakers which was the chief cause of the overthrow of that Famous Citie which had so long contended with Rome for the Empire of the World Cicero calls this fidelity a constancie of words and Counsells that all â—e done which are promised Let these therefore who have charge of a City embrace Righteousness from which neither fear nor favour hope nor promâ—ses nor any other allurement ought to diâ—veâ—t them Let this Righteousness appear in all concernments both publick and private weights and measures in guarding against oppression of any doing wrong to none encouraging and defending the just and vertuous and punishing the unjust and vicious From this Vertue when carefully made conscience of their will spring forth many more which will contribute much for the good of an Corporation As Innocencie Freindshipe Concord Kindly Love Thankfullness Courteousness Gentleness all which are Ornaments of the best Citizens The Righteous LORD loveth Righteousness Psal. 11.7 And Blessings are upon the heaâ— of the just Prov. 10 6. The righteousness of the perfect shall direct his way The righteousness oâ— the upright shall deliver them And to him that soweth righteousness shall be a sure reward Prov. 11.5.6.18 CHAP. VI. Anent Sobriety and Moderation THe third thing that most immediatly relates to the Honour of GOD is a Christian Sobriety and Moderation whereby all pride inordinate passion or hastiness excess of meeat drink and vanity of apparell will be evited Pride and self-conceit hath occasioned manie evils both in Church and State But I shall say as the Apostle said Rom. 12 3. For I say through the grace given to me to every man that is amongst you not to think of himself more highly nor he ought to think but to think soberly according as GOd hath dealt to every man the measure of faith This Vertue will not permit any rash course to be taken but will make men carry themselves moderatly both in Prosperity and Adversity This will not let Rulers imperiously Command as through passion or hastiness to abuse the Citizens and to encroach upon their just liberties and priviledges but wisely and moderatly perswade and exhort where that can take effect and to do nothing by force because power is in their hands which is very unsuteable yea most detestable in a free City and amongst a free people unless inevitable necessity require it This will not permit a Magistrate to be elated or lifted up in his mind but will suppress that vanity and ostentation that many are subject to Valerius Publicola was most imitable in this That when the people of Rome had expelled their Kings and they with the Senate had conferred the supream Authority upon him yet he used it most soberly and modestly and of his own accord assumed Spurius Lucretius for his Collegue and because he was a man of a greater age caused transferr the Rods or Magistraticall Ensignes on him By the exercise of this Vertue all excess in meat and drink will be eschewed and all vanity or prodigality in apparell evited and curbed and here I cannot but mention the commendable Laws made by Zaleucus to the Locrenses to this purpose Amongst many good Laws for that Common-Wealth to bear down the pride of women He appointed that no woman whatsoever should wear Gold or any precious or costly Garments unless they did publickly profess themselves Whores nor that men should wear Gold-Rings or Milesian-Garments unless they should be looked upon as Whore-Masters or Adulterers whereby Diodorus sayes through fear of reproach and shame he did most wisely curb all excess and superfluitie which are amongst the Vices that wrong a Citie or Common-Wealth If there were more of this Vertue in Cities there would not be such unlimited deboarding in rich and costly Apparell that there is nothing the most Noble in the Land can wear but Citizens Wives and Daughters yea sometimes of the meaner quality must have it if they can reach it It were very suteable to the Wisdom of a grave Senate by Penall Laws to restrain these excesses which neither GODS Law nor Conscience can bear down It s sad to see when diverse Acts of Parliament have been made to restrain this excess and yet that Magistrats and Councils should let them perish through their slackness and want of Zeal to the Publick Good The best fruits of this Prodigalitie in a Citie is to uphold and increase Pride Emulation Lust and to diminish particular mens Estates which should relieve and uphold the Common-Wealth under incident Burdens It were more praise worthie if the expense made upon costly Apparel beyond what might
Bailies being four in number in all our chief Burghs their charge is one and the same though for order and easing the Burden in some things they are divided and so they divide the Town in four Quarters and every one of them hath his propper Quarter alloted to him by choise or lots according to agreement First It is his Duty to take up an exact account of all the Families and Persons living within his Quarter and to know what they are if Citizens or Strangers and what is their Trade or Occupation and by what means they live and mantain themselves that so no idle suspect or scandalous person be there without due notice taken Secondly They are to wait per vices every one a moneth about in the Towns publick House or Clerks-Chamber thereof so many hours every day that is from ten to twelve forenoon and an hour or two afternoon to hear Complaints examine Parties and Witnesses and accordingly if there be cause to set down Convictions and bring them to the next ordinary Councill-day that the guilty persons be censured by the whole Councill according to merit Thirdly It s his duty to wait on the weekly and publick Courts of Judgement which are but two dayes ordinarly every Week with some to wit every Tuesday and Saturday of the week be ten of the clock in the forenoon where he sits in the publick Town-house as sole Judge in all Legal Processes that are amongst Citizens in Civil Differences that are not peculiarly competent to be determined by the Lords and Senators of the Colledge of Justice who are the Supream Judges in all Civil Controversies for the whole Nation and so in this place Bills are read Summonds are called Officiars or Serjants faithfull Executions thereof carefully noticed and cleared agreements proposed and reasonings pro and contra heard from the Advocats of the respective Parties Processes carried on to Interloquitors and finall Decreets as is usuall before any other Civil Judge in the Kingdom In matters of great difficultie the Bailie is to have the advice and judgement of the Towns Consulter who ought alwayes to be the most Learned Judicious and Discreet Lawier that conveniently may be had And yet the Magistrat ought not wholly to captivat his Judgement to what ever he advises but is bound to ponder well and advise if his Information and Judgement be according to the known Laws and common Pratticks of the Nation and according to Conscience for this it concernes every Magistrat that sits in Judgement to be a Judicious and Intelligent Person and one that is carefull to have knowledge of the Acts of Parliament and Civil Pratticks lest otherwise he may ignorantly be made to pronounce Decreet which is not according to Equity and Justice through the partiality of the Consulter who possibly hath been solicited or brybed by the injurious Partie and therefore the Consulter should be not onely able but a person of singular Integrity Next I judge the whole Magistrats Provest and Bailies should advert to all the particulars in the foregoing Chapters which are laid before the Councill for the good of the Town as opportunities may be offered and occasion given seeing the Magistrats are as the hands as well as the heads of the Councill to put in execution what ever they enact for though a Council did make all the profitable Acts and Constitutions imaginable for the Publick Good it were to small purpose if diligent and active Magistrats be wanting Therefore let Magistrats notice these desireable Qualifications that they should be endued with mentioned in the former Chapter of this Treatise CHAP. XXII Concerning the Office and Duty of the Dean of Gild. THe next Office-bearer to the Provest and Bailies is the Dean of Gild whose Duty is according to the Charge usually given him after his Election First He is the Towns-Fiscall and therefore is to accuse all Fore-stallers of Staple Commodities and see them convicted by the Magistrats according to Law and so to be censured by the Council at their next siting also to accuse all other publick Transgressors as incroachers upon the Towns Priviledges or Magistrats thereof or brakers of the Paenall Statutes Secondly He is to receive and count for all the Fines and unlawes of the convicted persons censured by the Councill and if personall punishment be inflicted with an alternative as to be redeemed therefrom by such a summ of Money he is to see that the sentence be executed accordingly and cause the Clerk insert it in the book of Convicts and Fines otherwise he is to be countable for the Money it being alwayes to be supposed by the Auditors of the Towns Counts that where there is no evidence of inflicting of the personall punishment that in that caise the Dean of Gild hath received the Money as the alternative thereof he is likewise to receive the Fines of Fore-stallers as convicted and then censured by the Councill Thirdly He is to receive all the Money for Casualities belonging to his Office as for instance if there should come a Stranger with any Merchant Commodities to the Town that could not be divided amongst the Merchants according to their due proportions but it would cause mistakes and strifes to arise if some got thereof and others nothing in which caice it is his Duty to conveen the Merchants by publick intimation with the hand Bell and represent the caice to them and with their consent obtained to roup the Commodity and what profit he gains more than he is to pay the Stranger he is to charge himself therewith either amongst the common accidents belonging to the whole Town or in his Count of the Gild-Box for their Poor as shall be condescended by the meeting Fourthly He is to have speciall care that no privat person buy any Forraign Commodity from a Stranger but to buy it himself yet with all to be sure that it be taken off his hand at the rate agreed for and with profit seeing Strangers are not Burgesses and not free to Trade therefore the Stranger is holden to make his first offer to the Dean of Gild and not to sell to any other privat Burger till then and that no privat person shall have it under whaâ— he offered it for to the Dean of Gild. Fifthly It is his Duty to look carefully that the Towns Statutes be keept as to the Prices of all things which the Council hath seâ— down for that Year Sixthly He is to see that all the Weight and Measures whether publick belonging to the Town as the publick Weights in the Weighâ— house Barrells Kinkins Firlots Pecks Elnes and Metts as also these of privat person in their Trading and privat Shops or Malt-men Wine and Ale-sellers their Elnes Stoups Weights c that all these be according to the Act of Parliament and the severall standards appointed and approven thereby for he being Censor Morum Delictorum hath a very great Charge lying on him and who ever they be that are
for qualifying Magistrats and persons in publick trust such as these that treats of Kingdoms and Common-wealths c and Laws thereof and Histories Geographie that treat of the manners of Nations our own Acts of Parliaments Regiam Majestatem and generally all other such like Books that may become Civil Rulers to be acquainted with But it may be there are but few acquainted with the Latin-Tongue or French-Language that afford severall such as Bodin that writs copiously of a Common-Wealth in French So Franciscus Patricius Senensis that writs of the Institution of a Common-Wealth and of the Institution of a Kingdom Wendilini Polititia but these are in Latine and are old but there are many Modern that may be found at London Also books fit for a Dean of Gild and his Assessors as Lex Mercatoria Roberts Map of Commerce the knowledge of the Sea-Laws as the Roll of Oleron or Consolato of Barcellona c. which being keept in some Publick Place where the Magistrats and Counsellours by the persons that had the trust of them under inventour might at all occasions have access unto Sure I am it were a very commendable thing to have such a Liberary in your Council-house which would be at hand and continually under your eye and care and might be made use of at any time convenient Sixthly Ye are with the rest of your Neighbours of the Town once every year to ryde your Land-Marches both outward and inward Marches the outward is that ye see that none of your Neighbour-Heritours encroach upon your Freedom-Land nor upon the properties of your Fewers And the inward Marches is that ye may see none of the Heritors of the Burrow-Roods encroach upon the High-Wayes or beyond the bounds of your March-stones and while I mention this it were fit ye should take some effectuall couâ—se with the High-Wayes or Avenues that come into the Town that horses with loads may come into the Town all the Seasons of the Year in Winter as well as in Summer and the rather that ye have the advantage of the publick Acts and Orders for your assistance therein Seventhly Were it not worth your serious consideration to fall upon some suitable way to stirr up all Magistrats and privat persons to perform notable services to the wellfare of the Town and to bethink your selves what may be of greatest efficacie to encourage all sorts of persons thereto I think amongst many other wayes which ryper judgements may fall upon it might be a good one to imitate the LORDS own way set down in Mal. 3.16 Then they that feared the LORD spoke often one to another and the LORD hearkened and heard it and a Book of Remembrance was written before him for them that feared the LORD and thought upon his Name See vers 17. And they shall be mine saith the LORD of Hosts c. This was a bad time for they that wrought wickedness were set up and they that tempted GOD were delivered and the proud were called happy and because it was rare to hear any speaking aright of the Wayes of GOD yet they that feared the LORD did speak often together and GOD hearkened and heard it and insert it in a Book of Remembrance for time to come For they shall be mine saith the LORD of Hosts in that day when I make up my Jewels and I will spare them as a man spareth his own son that serveth him This was the way the LORD took even to record notable Service that in due time he might reward them So when the LORD blesses any man to do any notable Act for the common Good of the Town either for profit or reputation I think such an Act ought to be recorded even in a Register apart that they and theirs may find the more respect if there fall an opportunity to manifest it in tâ—me to come The puting Mordecai's good Service on record was the occasion of his exaltation the Jews preservation and Hamans destruâ—tion Esther 2.23 And 6.1 2 3. The Romans and Graecians had their own wayes for stirring up their Citizens to all Heroick Acts but they were deeply tainted with vain glory as their Triumph and Lawrel-Crowns as their Corona Ovalis of Myrtle for a victory gotten with little hazard Corona Civica made with leaves of Oake for him that saved a Citizen from the Enemie so also Corona Populea for Young men that were found industrious and studious in the exercise of Vertue which was made of Poplar leaves These were but triviall things but much intended to gratifie vain glorious humours But the puting notable Services and Acts upon record is for the encouragement of the Posterity and others that may be observers thereof and therefore may be done with such solemn circumstances as may be thought fit and most consistent with modesty and sobriety so as the posterity may be influenced to the same or such like exercises Rom. 13.3 4. They that do good are to have Praise and Rewards from Rulers as well as evil doers are to be punished by them who are to be a terrour to such If these had been recorded there had been Honourable mention made of many stately Buildings and Monuments in many of our Royall-Burghs which long ere now or shortly will be quyte forgotten Neither these Artists and privat persons that do good Service or find out good inventions for profit or ornament to the Town should be neglected CHAP. XXVI Concerning Iustice of Peace Courts to be holden within Burgh by the Magistrats thereof IN the foregoing Chapters I have presumed to suggest severall particulars which may conduce to advance the Polilcy good Government and prosperity of a City or Common-wealth as men and in his I am to mind the Rulers more particularly â—ow they shall order it as Christians in eviâ—enceing their zeall against sin for the honour â—nd Glory of Him who is the PRINCE of â—he KINGS of the Earth and upon whose â—houlders the government is laid from whom â—lone all blessings of peace prosperity and preâ—ervation can be expected and without whose â—racious favour no skill power wisdom or â—eans that men shall use can profit according â—o Psal. 127.1 Except the LORD build the â—ouse they labour in vain that build it Except the LORD keep the City the watch-men waketh â—â—t in vain Then seeing all our mercies spring from this fountain it concerns all Magistrats very near to be carefull that no gross sin be indulged amongst them such as Whoring Drunkenness and Swearing these are the most common Scandalls unsuitable to the Gospel and such as profess it that are to be found in Cities and Towns These are sufficient to provock GOD to withdraw his mercies and to send sad Plagues and Rods and to confound all your Counsells and blast your best Endeavours for suppressing whereof I know no better outward mean then a conscientious faithfull and diligent Court of Justice keeped by well principled Magistrats assisted by pious honest and zealous Constables weekly Now I