GOD AND MY RIGHT JN MY DEFENCE THE ACT ANENT THE SETLING of Measures and Weghts cōcluded at Edinburgh the 19 day of Februar 1618 yeeres by the Cōmissioners having power to doe the same by Act of Parliament made the twentie eight day of Iune 1617 FOrsomuch as in Our Soveraine Lords laite Parliament holden at Edinburgh the xxviij day of June last bypast his Highnes and Estates conveined therein Mooved by the generall complaint of all his louing Subjects and in respect of their sensible praejudice seene and felt through many parts of this Kingdome by reason of the diversitie of Measures and Weghts used within the same Therefore Our said Soveraine Lord with advise of his saids Estates For removing of all abuses which may ensue in any tyme to come thereby hath found expedient and by Decreet Statute of the said Parliament Decerned Statut and Ordeined That there shall bee but one just Measure and Weght through all the partes of this Kingdome which shall Universallie serve all his Highnes Leiges by the which they shall buy sell receiue and giue out in all tyme to come Which Measure his Majestie with advise foresaid Fand should be that Measure of Linlithgo which is now commonlie used and which hath beine used most customablie through the greatest part of this Kingdome these fiftie or thriescore yeeres bypast And for setling of a perfyte order whereby all the Measures that are now used may be reduced to the conformitie of the said measure now authorized and for making of proportion answerable betwix the Lesser Measurs and Weghts and the Greatest His MAJESTIE with advise foresaid granted full power and Commission To Sr Iames Weemes of Bogie knight Sr George Auchinlek of Balmanno knight Sr Iames Fowles of Colingtoun knight Sr Robert Stewart of Shillinglaw knight Sr Ihone Waws of Barnbarro knight Sr William Greirson of Lag knight And to Iames Nisbet Bailyie and burges of Edinburgh Mr Allex t Wedderburne Clerk of Dondie Sr Thomas Menzeis Provest of Aberdeine Iames Hamilton Provest of Glasgow Iohn Oisburne burges of Aire and Sr George Bruce of Carnok knight burges of Culros Whome or any eight of them His Majestie with advise foresaid Ordeined to meet and conveine together at such tyme and place as they should think expedient And to consult and advise together and to appoint and determine vpon the most convenient meanes how the saids Measures and Weghts might bee reduced to the conformitie foresaid As in the said laite Act of Parliament at more length is conteined Which whole Commissioners foresaids hauing mett and conveined within the Burgh of Edinburgh vpon the twentie ane day of Januar last bypast and the most part of them vpon diuers and sunrie others dayes thereafter in the said moneth of Januar and Februar instant And hauing read and considered the foresaid Act of Parliamet anent the saids measures and Weghts and finding that It is Ordeined that their shall be onlie Ane just Measure and Weght through all the parts of this Realme which shall vniversallie serve all his Maiesties Leiges by the which and no other they shall buy and sell in all tyme comming And that it is declared by the said Act that the foresaid Measure and Firlot of Linlithgo which is now commonlie vsed and which hath bene most customablie vsed through the greatest part of this Kingdome these fiftie or thrie score yeeres bygone shal be the foresaid just Measur and Firlot which shall be receiued and vsed by all his Majesties Lieges in all tyme cōming And that Cōmission is giuen bee vertue of the said Act to the saids Commissioners for setling of a perfect order whereby all the saids Measures that are now vsed may be reduced to the conformitie of the said measure of Linlithgo And for making of a proportion betwixt the lesser measures and weghts and the greatest Haue first thoght it meit and expedient that the Provest and Baillyes of Linlithgo who are keepers of the said measure shuld produce before them the said measure which hath bene given owt be them to the Burrows and all others his Majesties Leiges these fiftie or thrie-score yeeres bygone with their Jedges and warrands which they haue for the same Who being cited for that effect Produced before the saids Cōmissioners their said Measure and Firlot with the Jedge which is their warrand thereof And the same measure and firlot being fund agreable with the said Jedge the saids Commissioners caused praesentlie fill the same with water which being full they fand that the same coteined Twentie ane pincts and ane mutchkin of just Sterline Jug and measure and that the foresaid jug containes within the same Thrie punds and seaven vnces of frensh Troys weght of clear runing water of the water of Leith And because the saids Cōmissioners could find out no other meane whereby they might trye the warrād of the Quantitie of the said measure and firlot of Linlithgo which hath bene in vse these fiftie or thrie-score yeeres bygone But be taking of the oaths of the saids Provest and Baillyes thereanent They tooke the oathes of Andro Milne Provest of the saide Burgh of Linlithgo Andro Bell and Iames Glen Baillyes thereof who being with all requisite Solemnitie Sworne Deponed vpon their consciences That the foresaid Firlot and Measure produced by them was the verie true and Just measure which hath bene given owt to his Majesties Leiges by them and their praedicessors these fiftie or thrie-score yeeres by gone and that the same by their knowledge hath never been altered in any sort during the tyme foresaid and siklike declared vpon their consciences that so far as they could trye by the most ancient and aged persons of their Burgh that the foresaids Jedges are of great antiquitie and haue neuer bene altered or changed in any tyme bygone And that they never had nor hes any other Measure or Iedge to their knowledge Which Firlot the saids Commissioners Haue Fund and Declared Statute and Ordeided to be the Just and onlie Firlot which shall be received and used by all his Majesties Lieges in all tyme comming For metting of Wheat Rye Beines Peas Meal Whyt Salt and such other stuff Victuall as before this tyme hath beine in Use to bee measured by straik Mett within this Kingdome The wydnes and Breadnes of the which Firlot vnder and above euen over within the buirds shall contein nyneteen Inches and sext part inche and the deipnes seaven Inches and ane thrid part of ane inche and the Peck halfe Peck and fourt part Peck to bee made effeirand thereto And the steppes of the said Firlot to be in thiknes one Inche at the least That the Bottome thereof bee crossed with Iron nayled to the same and to the Ring of the Firlot and the edge of the bottome entring within the lagene bee pared outwith towards the nether-syde and to be made in with plaine and just reul-right That the mouth bee ringed about with ane croce or girth
of Iron inwith and outwith hauing a croce Iron barre passing ouer from the one syde to the other thrie squared and edge doun and a plaine syde vp which shall goe reul-right with the edge of the Firlot and euerie square shall be ane just Inche of breadth And that there be ane prick of Iron one Inche in roundnes with ane shoulder vnder and aboue and rysing vpright out of the Centre or midst of the bottome of the Firlot and passing through the midst of the said over croce-barre rooved both vnder and aboue And that the said Cowpar cause the ring-straik of the said Firlot passe from the one end of the said over Iron barre to the other And the same to bee brunt and sealled with the mark of foure Crownes vpon both the sydes of the bottome with fyve impressions of the letter L vpon the lippes thereof And for eschuing of fraud in all tyme comming The saids Commissioners all in one voice but discrepance or variance Haue thought expedient Statut and Ordeined by vertue of the foresaid Commission granted to them by the said laite Act of Parliament That all Victuall and stuff shall bee measured by straik through all the parts of this Kingdome in all tyme comming And by reason that Mault Beare and Aites haue euer beene used to bee measured by heape and that by the meaning of severall praeceiding Acts of Parliament IT hath beine thought that Heapes in proportion was the just thrid of the Firlot and Peck So that thrie straiked Firlots for two heaped Firlots Sex straiked Firlots for foure heaped Firlots was thought to bee a just proportion the one agreable to the other And the saids Commissioners by tryall and examination hauing found that the Heape in proportion IS not the just thrid part of the Firlot and Peck but that there is a great difference therein and no small praejudice both to the giver and receiver of thrie straiked Firlots or Pecks for two heaped firlots or pecks and consequentlie of sex for foure the Heape being alwayes the lesse measure as said is THEREFORE they haue found it expedient to cause make ane particular Measure or Firlot for metting of Mault Beare and Aites by straike in all tyme comming which being made and produced in their presence and after tryall and examination thereof Haue found the same in proportion neirest to the said Heape so that foure straiked Measures or Firlots thereof conteines in just proportion and to the lesse praejudice of all his Majesties Lieges foure heaped Firlots Which the saids Commissioners hauing caused fill with cleare running water of the water of Leith They find the same to conteine Thrittie one Pincts of the just Sterline Jugge and measure ilk Pinct conteining the Weght foresaid And the same to bee in wydnes and breadnes aequall and conforme to the former Firlot and in deipnes Ten Inches and ane halfe inche Which they Find Statute and Ordeins To remaine as ane just Measure and Firlot to bee Used for metting and measuring of Mault Beare and Aittes by straike in all tyme comming And that the Pecks halfe Pecks and fourt part Pecks thereof bee made conforme in proportione to the same last Firlot Which new Firlot in all other respects shall be agreable in forme with the old straike Firlot aboue written having one Iron girth more in the midst thereof outwith and marked with the impression of the letter H. on the outmost syds thereof And the same with the foresaid other Firlot conteining twentie ane pincts ane mutchkin To bee giuen out by the saids Provest and Baillyes of Linlihgow to whose custodie the same was cōmitted of old To the Burrowes and all others his Majesties Lieges for that effect betwix the date hereof and the twentie day of Apryle next-to come And that foure fulles of either of the foresaids Firlots conteine and bee repute to bee ane just BOLL in all tyme cōming allenerlie Siclyke the saids Commissioners hauing considered the great Praejudice susteined by all OUR Soveraine LORDS Lieges through the diversitie of Weghts used within all the parts of this Realme THERFORE and conforme to their said Cōmission and Act of Parliament foresaid and for eschuing of all fraud Haue thought expedient Statute and Ordeined That there shall bee onely one Just Weght through all the parts of this Kingdome which shall Universallie serue all his Majesties Lieges by the which and no other they shall buy and sell all and whatsomever Wares accustomed to be boght and sauld by Weght al 's weell Foraine as Cuntrie-Wares in all tyme hereafter to wit The frensh Troys Stone Weght conteining Sexteine Troys Pounds in the Stone and Sexteine Troys Unces in the Pound and the lesser Weghts and Measures to be made in proportiō conforme therto And that Weght called of old the Trone weght to bee allvtterlie abolished and disharged and neuer hereafter to bee received nor vsed And in respect that the keiping and out-giuing of the Weghts of old to the Burrowes and others his Majesties Lieges within this Kingdome was cōmitted to the Burgh of Lanerk Therefore the saids Commissioners haue committed the keeping and out-giuing of the said frensh Troys Stone Weght now established to the foresaid Burgh of Lanerk and their Successors to be given out by them and their saids successors to the Burrowes and others his Majesties Lieges betwix the date hereof and the First day of Maij next to come and in all tyme comming And lykewayes Statuts and Ordeins that there bee double Standards of the foresaids Firlots and Measures and Jedges thereof and of the forsaids Weghts Two of euerie one of them to remaine in the Register within the Castell of Edinburgh and other two within the Castell of Dunbritane therein to remaine as a warrand for the measures allenerlie And the other in the Townes to whom they haue beine cōmitted of old as said is to be direct foorth to the whole Lieges to be vsed Universalie And this without praejudice to any persons who are founded infeft or addetted by Tak or contract of old or new fermes of others Measures and Weghts but that their Foundation Infeftment Tack or Contract shall bee proportioned to the Measure and Weght now established so that the same quātitie shall remaine with the giuer and receiuer but praeiudice to any of them Sicklyke haue found and declared That the Elne and Stand therof committed to the keiping of the Burgh of Edinburgh conteineth Thrittie seven Inches And the Pinct Stowp cōmitted to the keiping of ye Burgh of Sterline conteineth the weght of Thrie Pounds seaven Unces of frensh Troys weght cleare rūning water of the watter of Leith Which Elne and Stowp They Statut and Ordaine to remaine and abyde in the same integritie as they are now and that no other Elne nor Stowp or greater or lesse proportion conteining the said weght shall bee receiued by none of his Majesties Leiges in any tyme comming to buy or sell with in any part
of this Kingdome And the halfe and quarter Elnes and halfe quarters and Nails Quart Chopin Mutchkin and halfe mutchkine Stowps bee made in proportion conforme thereto And the Burghes of Edinburgh and Sterline to whome the keiping thereof hath beine committed of old haue the out-giuing of the same to the rest of the Burrous and all others his Majesties Lieges to that effect betwixt and the First day of Apryle next to come And that they haue dowble Standards of the saids Elne and Stowp Two of euerie one of them To remaine in the Register within the Castell of Edinburgh and within the Castell of Dunbritane for a warrand as said is and the other with themselfes and their successors to whome they haue beine committed of old And that the foresaids Measures Mets and Weghts with the which all and whatsomeuer persons shall bee holden to buy sell mett measure wegh and deliuer haue course allenerlie within this Realme after the dayes resp ◠after following viz. The Weghts after the First day of May next to com and the Measures of Firlots and Pecks and the rest of that degrie after the First day of June next thereafter and no other Weghts Metts nor Measures to bee received nor vsed in any tyme hereafter in any part of this Kingdome vnder the paines contained in the Acts of Parliament made thereanent and that all Firlots to be vsed in Markets both to burgh and Land be brunt and sealed either with the marks and Sealls of Linlithgo in maner foresaid or with the burning Iron of the head burgh of the shyre wherein the saids markets are holden And that the Provest and Baillyes of Royall Burrowes and Cities both Regalitie and Royaltie al 's the Baillyes of Burrowes in Baronnie and Justices of Peace in whatsomeuer places where markets of Victuall are holden or others Foraine or Cuntrie Wares shall be boght sauld and weghed mett and measured shall be bound That all measures and weghts to be vsed shall bee of one forme and quantitie according to this present Act And if any different measures and weghts be found in any of the places aboue mentioned The saids Provest and Baillyes of Royalties Regalities Baronies and Justices of Peace shall take order therewith and if need be shal be holden to informe the Kings Majesties Counsell thereof that they may take order thereanent as appertaineth Provyding alwayes as is before provyded if any persons bee founded or infeft and adetted by Tak or contract of old or new Ferme of measures and weghts then are before written in maner foresaid Their foundation Tack or Contract whether it be more or lesse shall be proportioned to this measure and weght which now is established so that the same quantitie shall remaine with the giver and receiver but prejudice to any of them in maner particularlie before expressed And because by the Provisions immediatlie before written divers Pleyes and questions may aryse bewix parties receivers and deliverers Maisters and tenents Fewers and their Superiors anent Fermes and Victuall and siclyk anēt other stuff and dueties adetted and bound to be payed and delivered by weght either by infeftments Tacks foundations bandes or contracts whatsomeuer made before the date hereof anent the conforming and proportionating of the measures and weghts conteined in the saids infeftmēts Tacks foundations and others Securities foresaids with the measures Weghts now established if sure notice and tryall be not taken of the just measure and quantitie of the measures and weghts which haue beine most customablie vsed and received these fiftie or thriescore yeeres bygone within the Shirefdomes vnder-written viz. Lanerk Wigtoun Drumfreis Roxburgh and Bervik In the which the saids Commissioners considering evidentlie the greatest diversitie of measures and weghts from the measures and weghts now established to bee for the most part So that these fyve shyres being broght to the conformitie aforesaid the rest of the Shyres within this Kingdome may be easilie reduced to the same conforme to this present Act. THEREFORE the saids Commissioners Finds it meet and expedient and by these presents Statuts Decernes and Ordeins That the Shiref of everie one of the foresaids fyve shyres of Lanerk Wigtoun Drūfreis Roxburgh and Bervik or their Deputs shall warne the Baillyes of Regalities within the same Shyres and Steuarts of Steuartries thereof if any bee Justices of Peace and Magistrates of Burrowes To convein ilk one them within the heade Bourgh of the same Shyre wherein they are Magistrates within twentie dayes after the Counsels pleasure shall be signified to them thereanent and there not onlie to receiue and embrace the saids measurs and weghts from the Provest baillyes of Linlithgo Lanerk to whome the keiping thereof is concredit in maner foresaid which are established by this present Act But also to take tryall and cognition of the difference betwix the saids old measures and weghts and the measures and weghts now established And to appoint conclude determine ilkone of them within their owne bounds what proportion lesse or more shall bee giuen and received in tyme comming for conforming of their Fermes and dueties adetted by former infeftments fondations Tacks contracts bands and Securities to the foresaids Measures and Weghts now established and to insert the same in their Registers and Court books To remaine with them for decisioun of such controversies as may aryse in those bounds hereafter anent the disconformitie foresaid and to report their diligence thereanent and conclusion in writte authenticklie subscryved by the saids Shirefs of Shyres Magistrats of Royall Burrowes Baillyes of Regalities Burghs of Baronnies and Justices of Peace conveining within ilkane of the foresaids Shirrefdomes And to present the same to the Lords of his Majesties Counsell and Session before the first day of Julie next-to come To the effect the same may bee delyvered to the Clerke of Register to bee insert in the bookes of Counsell ad futuram rei memoriam And that none of the foresaids fyve shyres nor no others his Majesties Lieges within this Kingdome praesume nor tak vpon hand in tyme to come To buy Sell blok bargane contract or sett in Tack to or with others for receipt or delyverie with any other Weght Mett or Measure nor the same which now by this present Act is approoved and established And this for report of the Commission aboue written Requyring the Lords of Our Soveraine LORDS Counsell and Session That Letters may bee direct for publication of the praemisses by oppen Proclamation at the market Croces of the head Burrowes of this Realme and others places neidfull that none praetend ignorance of the same Commanding and charging all and sundrie the saids Provests and Baillyes of Burrowes and Citties both of Royaltie and Regalitie and also the Baillyes of Burrowes in Baronnies Justices of Peace and others whatsomeuer in places where markets are holden To put in execution this praesent Act and euerie part thereof in so farre as concerneth them so that the same may take full effect after the dayes resp ue foresaids With certification to them they faillye they shall be called and accused and the paines conteined in the Acts of Parliament shall bee execute vpon them in all rigour in example of others In witnessing of the which the saids Cammissioners haue subscryved these praesents with their hands Day Yeere and Place foresaids And Ordeins these praesents to bee delyvered to the Clerke of Register to the effect hee may cause insert the same in the Register of Parliament MEDIOCRIA ⚜ FIRMA