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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	law_n	sin_n	1,487	5	5.2539	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60328	Memorialls for the government of the royal-burghs in Scotland with some overtures laid before the nobility and gentry of several shyres in this kingdom : as also, a survey of the city of Aberdeen with the epigrams of Arthur Iohnstoun, Doctor of Medicine, upon some of our chief burghs translated into English by I.B. / by Philopoliteious (or,) a lover of the publick well-fare.	Skene, Alexander.; Johnstoun, Arthur, 1587-1641.; Barclay, John, 1582-1621.	1685 (1685)	Wing S3935; ESTC R38926	112,307	290

in the Lawes and in so far as the Law is just and praise worthy in it self and is thro●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 i● 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 ●hat veneration and executed with that dis●retion as is most becoming their Honour ●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 o● the KING

under the pain of tinsell of life and goods and strangers contraveening tyne Ship and goods Ja. 4. P. 1. c. 3. This Act ratified and further that none buy from the said strangers but from Free-men at the Ports of the saids Burrowes under the pain of escheat of their Moveables Q. Ma. P. 6. c. 59. But this Act is called an Act anent liberty of Merchants at the West-Sea And these Acts again ratified and that strangers neither buy nor sell any Merchandise but at free Burrowes and with Free-men and that none conduct fraught nor pilote any stranger to the Isles under the pain of tinsell of Life Lands and Goods Ja. 6. P. 7. c. 120. That Strangers-Merchants lodge in the free Burrowes or Principall Towns of the Ports where they arrive and that their Hosts give an account to the KING of their Goods inward and outward Ja. 4. P. 4. c. 41. That the Common-Good of all Burrowes be spent for their Common Profit by the advice of the Town Council and Deacons of Crafts where they are and that the Chamberlane enquire into this yearly and that the Rents of Burrowes be not set but for three years allennarly under pain of nullity Ja. 4. P. 3. c. 36. Ratification of the Priviledges of Burrowes and that none dwell out of Burrowes use Merchandise nor tap nor sell Wine Wax Silk Spycerie Wad nor sicklike Stuff nor Stapple-Goods nor pack nor peil in Leith or other places outwith Burrowes under the pain of escheat of the Goods Ja. 4. P. 6. c. 84. That Commissars or Head-men of Burghs be warned to the giving of Taxes as one of the three Estates Ibid. c 88. That Magistrats of Burghs bring yearly to the Exchequer their Count-Books of their Common Good under the pain of tinsell of their freedom and that fifteen dayes before they warn all that pleases to come and object against their accounts Ja. 5. P. 4. c. 26. That no Earl Lord Barron nor others molest Burrowes their Officiars or Merchants in using their Liberties under the pain of oppression Ibid. c. 27. That no man pack nor peil Wool Skin or Hide or loss nor laid outwith from Burghs and Priviledges thereof Ja. 5. P. 7. c. 107. Item That no persons strangers or inhabitants within the Realm pack or peil any hides or skins in the Isles out free Burghs under the pain of tinsell of the saids hides or skins and the Sheriffs and Over-lords of the Land where the same is done are ordained to put the Act in execution Ja. 6. P. 23. c. 12. He that tines the cause within Burgh payeth the winners expense Ja. 5. P. 7. c. 110. And also 12 pennies per pound to the poor Ja. 6. P. 6. c. 92. That the Officiars of Burghs have the onely power to punish Forstalers within the same Ja 5. P. 7. c. 113. Renewed but the power of accusing because of the negligence of Burrowes given also to the Thesaurer or his MAJESTIES Advocat Ja. 6. P. 12. c. 148. That Burrowes have an universal Weight Ja. 5. P. 7 c. 114. That the Officiars in Burghs search and apprehend all havers of false Money or counterfitters of the KINGS Irons for coynzie Ibid. c. 124. That Magistrats of Burghs cause Deacons Craftsmen and Hostlers set and take reasonable prices for their Work and Victuals or else deprive them of their Office and Priviledge Q. Ma. P. 5. c. 23. Ratification of the Priviledges of Burrowes and Burgesses and that Letters be directed upon their Priviledges and Acts of Parliament made thereupon without calling any Partie Q. Ma. P. 6. c. 49. P. 9. c. 86. Ja. 6. P. 1. c. 26. P. 5. c. 64. P. 6. c. 85. And P. 19. c. 5. That all common high Gates to and from Free-Burrowes and to and from Dry-Burrowes from and to Sea-Ports next adjacent be keept and no stop made thereuntill under the pain of Oppression Q. Ma. P. 6. c. 53. Ratified and ordaining such as shall stop or impede the same to be charged summarily on six dayes before the Lords of Session as onely Judges thereto appointed to be decerned to have done wrong and to desist and find caution for that effect under such pains as shall be modified half to the KING half to the partie grieved and the probation to be by Famous Witnesses and not by an assize Ja. 6. P. 12. c. 156. Act in favours of Burrowes of the West discharging unwarrantable exactions of Fishers in Lochfyne or other Lochs of the Isles by bringing their Fishes within this Realm for serving the countrey allennarly under the pain of oppression Q. Ma. P. 6. c. 54. That none make privy Convention put on Armour display Banners sound Trumpet or Talbron within Burgh without the QUEEN or the Magistrats license under pain of death Q. Ma. P. 9. c. 83. Ratified and that none convocate or assemble within Burgh except they have license of the Magistrats and that they do nothing in their Meeting against the Acts of Parliament and quiet of the Burgh otherwise the saids Meetings are declared seditious Item All the Inhabitants are ordained to assist the Magistrats and their Officiars for suppressing of tumults under the pain to be punished by the Magistrats and Councill of the Burgh as fosterers of the saids tumults Ja. 6. P. 18. c. 17. That the Burrowes may meet four times In the year by a Commissioner for ilk Burgh and two for Edinburgh at what Burgh they please for matters concerning their State Ja. 6. P. 5 c. 64. Ratified and that the Burgh not keeping the Convention when appointed by the most part o● by the Burgh of Edinburgh or any six or eight of the rest and warned by a Missive from the Provest and Bailies of the Burgh where the Convention is to be held or otherwise lawfully cited be fined in twenty Pounds towards the Charges of them that meet and that on the Act of Convention Letters of Horning and Poinding be summarily direct at the instance of the Burgh of Edinburgh for payment of this Fine Ja. 6. P. 7. c. 119. That the Taxation of Burrowes be not altered but stand as formerly that is to say that it be the sixth part allennarly of all generall Taxations Ja. 6. P. 11. c. 111. That no Free Burgh sell or annailzie their Freedom in whole or in part to any other Burgh or any other wayes without license of his HIGHNES and three Estates of Parliament under the pain of tinsell of Freedom of the Burgh either buying or selling Ibid. c. 112. Act ratifying all former Acts of new statuting that none exercise Merchandise not being Free Burgesses under the pain of escheat of their whole Moveables half to the KING and half ●o the Burgh whose Commissioner shall apprehend the same but prejudice to Landed-men ●o have some Merchandise to their own use and ●ehoofe provyding they sell not the same again Ja. 6. P. 12. c. 152. That all Inhabitants in Burghs whether they ●e admitted Burgesses or not exercising

the North Parts of Scotland that in former years the product of their labours hath brought into this Kingdom yearly upwards of an hundreth thousand rex dollars for many years together without this the Nobility and Gentry in thir parts could not get their Money Rents well payed which Trade and Employment hath been thir severall years under great decay so that the Plaiding and Fingrams are become to be sold at the half of the value which they did formerly neither is the half exported which is mostly upon the account of their deceitfull mismannadgment thereof which may be helped by appointing particular knowing men and giving them allowance to attend the Mercats for visiting and judging the sufficiency of the Cloath which would augment the quantity and advance the Price to the value of all the Wool that is vented abroad and unless some such qualified Persons be impowred and by an setled allowance induced to a diligent inspection and judging of the samen all our Acts of Parliament which hath been so commendablie enacted for regulating these things will prove but ineffectuall as constant experience hath too much evidenced The Fifth Countrey Commodity is Stockings which hath been within thir few years admirably improven by one Man in Aberdeen as was instanced before to wit George Pyper who encouraged the Countrey People so by giving them a little money or some linning at times that from five groats the pair he caused them work at such a fynness that he hath given twenty shillings sterling and upward for the pair but as the su●ficiency of Plaiding and Fingrams may be recovered by carefull visitors to the great advantage of the Countrey so the Stockings may be made the more saleable if the su●ficiency of them with the due length and shape both of Men and Womens be diligently observed for which a gage may be made according to the principall gage and dispersed through all the Countrey that no Stockings may be censured or confiscated through ignorance of the owners and the visitors allowance for his mark and seal appointed that all Forraign-Countries may come to know the due esteem that our Stockings are to be had in As the neglect of the sufficiencie of Plaiding and Fingrams have been a great cause of the decay of Trade so the loss of the Plantations by the Dutch West India Companies is likewise a considerable cause thereof which requires that we should wisely consider how and where we may recover a good off-tract of these Commodities for it was the Dutch Plantations in Brasile which the Portuguyes now possess that were furnished with our Plaiding and Fingrams and it were worth the while to consider if we could find a way with any of these that have Plantations in America now or if we could fall upon a way of furnishing the French King his Armies with these Scottish Cloaths seeing there is no Nation in Europe can serve them at an easier rate not onely in Plaiding and Fingrams but also in such other Cloaths as Perpetuanes and Sairges The Sixth Countrey Commodity named is Salmond and Herring they would be carefully seen unto that they be in all points according to the Acts of Parliament particularly the 33 Act of the first Parliament K. Charles the 2 d. And Magistrats to be diligent in their inspection of Cowpers by which that Trade also may flowrish A Sixth mean for improving the Trade of the Nation is that the Estate of the Burrowes would humbly petition our Rulers in the next Parliament that sits that they would be pleased to consider the great damnage the Royall-Burrowes sustain and the great discouragment it is to the Trade of the Nation that Burghs of Regality and Barrony have got so great Priviledges by the 5 th Act of the 3 d. Session of the 2 d. Parliament of K. Charles the 2 d. seeing they may not onely buy in Mercats and Faires all Scots Commodities the product of the Countrey and bring all Staple Ware but they may also export the same to other Nations and bring home with the money or value thereof what Commodities for the use of the Countrey they think fit very inconsiderable exceptions being reserved notwithstanding that the Royal-Burrowes payes the sixth part of the KINGS Taxation and the Burghs of Regality and Barrony bear no part nor proportion thereof less or more notwithstanding of their enlarged Priviledges and great Traffick which makes little difference betwixt them and Royall-Burrowes as any understanding man may perceive And it is the more remarkable there were severall Acts of Parliament rescinded that had been made in favours of the Royall-Burghs which the next Parliament may be intreated to take into their consideration and what was the cause and grounds of these Acts. As the 24 Act of the first Parliament of K. Charles the first So the Act of Ja. 4. P. 6. c. 84. So Ja. 6. P. 12. c. 152. Ja. 6. P. 19. c. 6. Let the Burrowes consider that the Convention of Burrowes and the Priviledges of the Deans of Gild c are now of little significancy by this late Act. Seventhly It is worthy of consideration if it be not for the advantage of Trade that the Custome and Excyse of Merchant Goods were set and fermed by the generall Taxmen to the speciall Burghs and the precincts of the same whereby severall inconvenients might be remeded as the Customs and Excyse of these goods that are brought home to Burghs of Regality and Barrony which are concealed and no count thereof gotten whereas the Sub-taxmen of the speciall Burrowes would be concerned to look more narrowly to it then any other Next whereas there are heavy burdens of Taxations lyes on the Royall-Burghs so that many Inhabitants remove from them and others set up in these other Burghs seeing they enjoy so great Priviledges of Trading to the great decay of the Royall-Burghs as may be evidenced that a great large Lodging with all accommodations may be had in some of the Royall-Burrowes at a great dale more easie rate than a very common thack house in some of these Burghs of Barrony as may be easily instanced Next the Burgesses of the Burghs of Regality and Barrony getting mostly their Merchandise stollen free of Custome and Excyse thereby are in a capacity to under-sell the Merchants of the Royall-Burghs in such commodities very considerably to the no little discouragment of the Royal-Burghs for they may sell their wares as far below others as the Custome and Excyse will extend to so that the Merchants of Royall Burghs need look for no change so long as the other hath these commodities Eightly It would be much for the advancement of Trade as is conceived if our Rulers would ordain a competent number of Knowing Merchants out of the principall Burrowes of the Kingdom to meet at such seasons and places as shall be appointed and thought most expedient for considering and fixing upon a solid way for puting in practise all good Overtures which they or any