Tuesday of August the last Tuesday of October and the first Tuesday of March In which Sessions they shall administrate Justice to the people in things that are within their Jurisdiction and punish the guilty for Faults and Crimes done and committed in the preceeding Quarter and by mutual and conjunct advice make and rectifie Ordinances for the Fees of Servants Shearers in Harvest and other Labouring men appoint Prices for all Handy-crafts elect or continue Constables or other Officers and dispose of the Fines and Mulcts for paiment of the Constables Clerks and other Officers Fees and imploy the remanent on such necessary and pious uses as they shall find most expedient and shall have power to continue the said Sessions or to adjourn the same to such dayes and places as shall be most convenient Any one Justice shall have power upon complaint of any person being threatned and fearing to be wronged to bind the party complained upon under such a pecunial sum to keep the Peace as he shall think fitting As also to commit him untill Surety be found by him the said Complainer alwayes giving his oath before the Justice that he hath just cause to dread him harme And albeit no person complain yet if the Justice be credibly informed of appearance of trouble betwixt any parties he shall bind them to the Peace in manner foresaid except the parties declare upon their consciences that neither of them bear any grudge to other And all such Bonds shall be kept and Recorded by him and he shall make delivery of the same to the Clerk of the Peace at the next Sessions to be kept and registrate by him If any person being charged to make his appearance before a Justice of Peace shall refuse or delay without cause if the party be a Landed Gentleman whose Rents exceed ten chalders of victual or one thousand merks of silver then the Justice whose command is contemned shall inform the same to some of His Majesties Privy Council to the effect the party of the quality foresaid may be called and fined for his disobedience and if the dissobeyer be of a meaner degree the Justice of Peace shall hereby have power to command the next Constable or in absence of a Constable his own servant or any other person having a Warrand in writ subscribed by the said Justice of Peace with assistance of the Country to bring any such party before him If either the Sheriff or Baily shall condemn any person in Bloodwyt or otherwayes convict him in any pain proper for him to impose the Justice shall have no power of new to fine that Offender for that offence but if they shall find him not condignly punished in regard of the offence committed by him they shall then inform His Majesties Council thereof that they may take order therewith and if there be no satisfaction made by the Sheriff or Baily to the Party offended the Justices may modifie a reasonable satisfaction to the Party offended he pursuing therefore before them And if they find the satisfaction decerned by the Sheriff or Baily in favours of the said Party offended not condigne nor answerable to the offence and wrong sustained then they shall also inform His Majesties Council thereof that they may take order therewith as appertaineth If either Sheriff or Baily or their Deputes by collusion with the Delinquent shall suffer any person guilty to be quitted or cleared by an Assize the Party once cleared is not to be brought further in question before the Justices but upon their information the Judges are to be called censured and severely punished by His Majesties Council The saids Justices shall hereby have power to proceed upon all persons committing Riots and breaking the Kings Peace under the degree of Noblemen Prelates Councellors and Senators of the Colledge of Justice and to punish and fine according to the quality of the Crime and the Estate of the Offender And if any of the saids persons being charged to compear before the saids Justices shall disobey the Summons being indorsed the lawfull Citation verified and Fact proven the Justices shall punish and fine the not compearing according to the quality of the Crime and Estate of the Offender And for the more clear determination of the order which shall be kept by the saids Commissioners in the deducing of any such Process Our Soveraign Lord with advice of His Estates Declareth That it shall be lawfull to the saids Justices whensoever they have any occasion to move any action against Parties for committing any like Fact or Riot to refer the first Summons to the Parties oaths of verity failzeing of other lawfull probation who being personally summoned by that first Citation shall be holden as confest and Decreet to be pronounced against him conform to the Libell and Summons And if he be not personally summoned by the first Citation the saids Commissioners shall be holden to cause summon him of new again by a second Summons at his dwelling place which two Citations shall be as sufficient to infer Decreet and Sentence upon the Libell against him as if he were apprehended personally And which Sentence given after the manner and form of probation above-written His Majesty with advice foresaid Authorizes and Sustains as good and lawfull in themselves And as concerning these persons of higher degree the saids Commissioners shall use all their power for preventing and staying of the Riots commanding the attempters in His Majesties Name to cease and to find Caution for keeping of the Peace and for their compearance before His Majesties Council And if any person being charged to find Caution and refuse it or delay to do the same and in the mean time contraveeneth the said charge by committing of some Deed betwixt the time of the Charge and finding of the Caution nevertheless he shall be answerable for the pain from the date of the Charge likeas if Caution had been then found The saids Commissioners shall put His Majesties Act of Parliament to due and full execution against wilfull Beggars and Vagabonds solitary and idle Men and Women without Calling or Trade lurking in Ale-houses tyed to no certain services repute and holden as Vagabonds and against those persons who are commonly called Aegyptians and they shall punish and fine their Ressetters and Setters of houses to them accordingly by such competent pains as is proper for them to enjoyn The saids Commissioners and Justices of Peace are hereby authorized and impowered to give order as they shall think most convenient and with least grief to the Subjects for mending of all High-wayes and Passages to or from any Mercat Town or Sea-port within that Shire and shall call before them all such persons as shall strait these Passages or otherwayes by casting of Ditches or Fulsies through the same shall make these High-wayes noisome and troublesome unto passengers and shall punish and fine them according to the quality of their offence And to the effect it may be known of what
granted thereof but upon consignation of the sums contained in the Sentences and by finding Caution for paiment of the charges at the modification of the saids Lords The saids Commissioners at the end of every Quarter Session shall send to His Majesties Council a Catalogue of all such persons as they have either committed or otherwayes put under surety with a short Abbreviate of the cause thereof to the effect that thereupon the Council as they shall think expedient may return to them against their next Session or to the Custos Rotulorum in the mean time their further directions The saids Justices shall put in execution all Acts of Parliament made for punishing all persons whatsoever who shall Curse or prophanely Swear or shall be Mockers or Reproachers of Piety or the exercise thereof and shall require and levy upon every Offender the several penalties following viz. Of a Nobleman twenty pounds each Barron twenty merks each Gentleman Heritor or Burgess ten merks each Yeoman fourty shillings each Servant twenty shillings Scots money each Minister the fifth part of his years Stipend without prejudice to other proceedings against any such Minister for the same And in any of all the cases before specified in this Instruction the saids Justices shall put in execution all such Laws as for Corporal punishments have any provisions mentioned in them for such cases And in case of the inabilities of the parties Delinquents to pay the sum mentioned in this Instruction the saids Justices shall put in execution such Laws as for Corporal punishments have any provision mentioned in them for such cases and that the Wives Delinquents shall be punished according to the quality of their respective Husbands and that their Husbands be lyable for the paiment of their Wives Fines respectively in manner above-mentioned toties quoties for each fault And all others whatsoever not particularly herein nominate are to pay in proportion to their respective qualities and degrees And also the saids Justices are to put in execution the Acts of Parliament made for the punishing of all persons that shall be found guilty of the sin of Fornication and that they levy or cause to be levied the several pecunial sums therein mentioned viz. For each Nobleman for the first fault four hundred pounds each Barron two hundred pounds each other Gentleman and Burgess one hundred pounds every other person of inferiour quality ten pounds Scots money and that these penalties shall be doubled toties quoties according to the relapses and degrees of the Offence and quality of the Offenders And that the said penalties shall be levied not only of the Man but also of the Woman according to her quality and the degree of her offence the one without prejudice of the other All and sundry which penalties so to be levied are to be disposed of as followeth To wit one half to pious uses in the same Paroch where the Offenders live or the offence hath been committed and the other half to be divided in two equal parts one part whereof to be given to the Informer and Prosecutor and out of the other half to satisfie the Constable or other persons who shall be imployed for bringing the person accused to Justice and the remainder to be disposed of to pious uses or to satisfie the Constables for their travel and service in other parts of their office according as the Justices shall think fit That the Justices shall put the Acts of Parliament in execution for the punishing of all persons found guilty of the sin of Drunkenness or excessive Drinking especially under the names of Healths or haunting Taverns or Ale-houses after ten of the Clock at night or at any time of the day except in time of travel or for ordinary refreshments As also against the keepers of the Taverns or Ale-houses that shall sell the drink unto them Which Penalties in the saids several Acts contained the saids Justices are to levy or cause to be levied upon the saids Delinquents and the saids penalties are to be disposed of by the saids Justices in like-manner as aforesaid The saids Justices shall put in execution all Acts of Parliament made against such persons as shall Profane the Lords-day and require or levy the penalties therein contained which penalties foresaid the saids Justices are to dispose of in like-manner as aforesaid And at what time and whensoever one shall accuse another person or persons to be guilty of Treason Murder or other Fellony Blasphemy Incest or any other hainous Crimes in such cases the said Justice or Justices shall forthwith cause such person or persons to be apprehended and after inquiry made in the cause the said Justice or Justices if they find cause shall commit the Offender to prison or take sufficient Bail if the case by the Law be bailable and shall take the information of the Party accusing upon oath and bind him to prosecute and shall take the testimony or deposition of the witnesses likewise upon oath and bind them to give in evidence and shall also take the examination of the party accused All which Recognizances Informations Depositions and Examinations the said Justice or Justices shall certifie to the next Quarter Session Assizes or Criminal Courts respectively to the end the Justice may proceed against them according to the Law And if any Nobleman Barron or Baily or any in their names having power shall acclaim the right of Jurisdiction to proceed against any Delinquent apprehended by a Constable for any Capital crime Then and in that case any of the Justices shall receive security of the said Party who required the Defender to be delivered to him that justice shall be duely ministred and then shall cause delivery of the said person to be made to him and the said Justice of Peace at the next Session shall certifie the whole matter to the Bench to the effect they may enquire whether justice hath been accordingly ministred and if any fault be found to advertise His Majesties Council that order may be taken therewith The saids Justices shall twice in the year at the first of December and the first of June take up a list of the Poor in every Paroch within Burgh or Land into which number there shall no person be received who are any way able to gain their own living and to the effect these Poor may no longer be necessitate to seek their living with such hardship and difficulty by scandalous vaging as hitherto they have been in use of the Justices shall appoint two or more persons of good same and quality in every Paroch to be Overseers for the Poor in each Paroch aforesaid and to authorize the said Overseers to make due tryal and examination of the condition and number of such Poor Aged Sick Lame and Impotent inhabitants of the said Paroch who of themselves have not to maintain them nor are able to work for their living as also of all Orphans and other poor Children within the said Paroch who are
left destitute of all help and the saids Overseers are to list and inroll all such persons and to provide them such a convenient House for their dwelling either a part or together as they shall judge requisit and upon consideration had what the necessary maintenance will extend to weekly the saids Overseers are to call for the Collections of the said Paroch or other Sums appointed for the maintenance of the poor thereof and the persons who have the saids sums in their hands are hereby required to deliver the same to the saids Overseers and their Receipts under their hands shall be their sufficient discharge which Sum so received the Overseers are to dispose proportionably to the several poor people aforesaid according as they shall find their necessities to require and the saids Overseers are to take due tryal of the good behaviour and carriage of the poor persons listed and inrolled as aforesaid that if any of them being so provided shall go abroad to beg or otherwayes miscarry themselves or shall refuse being able to work any manner of work that they are able to perform in such cases the said Overseers are to acquaint the said Justices therewith who shall appoint such punishments for the first fault as in their judgements they shall find requisit and if they shall continue in such miscarriages they are to be holden and reputed as Vagabonds and so to be proceeded against according to the Law in that case provided And to the end that there may be an exact performance of the Premisses the saids Justices are hereby required to call before them the saids Overseers once in every six months or oftner if they shall think expedient to give an account upon Oath of the whole Sums received by them and to produce the Rolls of the said poor together with an Account of what money they have received any otherwayes for the use of the said poor and after a due consideration of the charge together with the Discharge thereof to approve allow or dis-allow the same as shall be found just and the said Justices are to take due tryal and examination how the saids Overseers have discharged their Trust and in case of the refusal of any of the saids Overseers nominate and elected as aforesaid to accept the said office or having accepted shall be found negligent therein or shall refuse or delay to give an account of their intromissions when required as foresaid or to deliver what money shall be found resting in their hands undisposed of at the end of the year unto such new Overseers as shall be appointed in such cases the offenders shall incur the penalty of twenty pounds Scots to the use of the Poor and suffer such further Censure as the said Justices at their Quarter Sessions upon consideration had of their fault shall see meet to impose And further the saids Justices are hereby impowered and commanded to call for an account from these who took upon them to exerce that place and office during the late Usurpation of all Fines Penalties and others raised exacted or uplifted of any persons and to ordain them to deliver and make paiment to them of what hath not been by sufficient order disposed of and in case of any difference arising thereupon that the Justices consult His Majesties Council who shall give their orders therein Constables OUr Soveraign Lord with advice of His Estates Findes and Declares that the Constables are to be made choise of by the Commissioners and Justices of Peace in their Quarter Sessions throughout the whole Countrey two at least in every Paroch or moe according to their discretion having consideration of the quality thereof In great Towns likewise not being Cities nor free Burghs they are to appoint a number of Constables proportionably to the greatnesse thereof but in all Burghs Regall and free Cities the Constables are to be chosen by the Magistrates of the same and they are to endure and to be changed from six to six months And who shall refuse to accept the Charge and not to give his Oath for dutifull execution thereof shall be imprisoned and fined at the discretion of the Justices of Peace at their next sitting Followeth the Oath to be taken by the Constables I do Swear that I shall faithfully and truly discharge the Office of Constabulary within the Paroch of c. induring the time appointed to me and shall not for favour respect or fear of any man for bear to do what becometh me in the said Office and above all things I shall regard the keeping and preserving of the Kings Majesties Peace and shall at every Quarter Session and meeting of Justices give true and due information of any breach which hath been made of His Majesties Peace within the bounds of my commandement and shall no way hide cover nor conceal the same nor any of the proofs and evidences which I can give for the clearing and proving thereof So help me GOD. All the Constables or at least one of every Paroch instructed with power to answer for the rest within the said Paroch shall attend at every Quarter Session there to give information of all such breaches of the Peace and other misdemeanors as have happened within their bounds since the preceeding Sessions and have come to their knowledge and shall no way hide cover nor conceal the same nor any of the proofs and evidences which they can give for the clearing and proving thereof and otherwayes to give the Bench further information in any thing wherein they shall be required and to receive from the saids Justices at the end of the Session such order and direction as they then shall enjoyn and appoint Every Constable in their respective Paroches shall apprehend any suspicious persons who are night walkers and cannot give a good account of themselves and carry them to the next Justice of Peace to find Caution for their good behaviour or otherwise be committed to Prison and the said Constable or Constables shall stay and arrest all Vagabonds sturdy Beggars and Aegyptians and carry them before some Justice of Peace who shall take order for their committing to Prison or other punishments according to the Statutes of Parliament Every Constable in their respective Paroches shall arrest all Idle persons whom they know to have no means to live upon and will not betake themselves to any Labour Trade or Occupation and shall carry them before some Justices of Peace who after examination shall either commit them to Prison or take Surety of them for their appearance at the next Quarter Session All Constables in their respective Paroches shall apprehend every person or persons that shall be guilty and culpable of Slaughter Murther Theft or any other culpable crime whatsoever and shall require his Neighbours to assist for safe conveying of such person or persons to the next Justice of Peace who shall commit him or them or take Surety according to the Instructions given to the Justice of Peace in
coming for such use and intent of the like nature as the saids Justices shall appoint All Magistrates of Burghs and keepers of any Goals or Prisons shall receive into their Prisons all such persons as either shall be brought by Constables or sent unto them by Warrands under the hand of any one Justice of Peace the saids Justices causing satisfie for their entertainment and if any Magistrates or their Jaylors suffer any persons committed by the Justices to their Prisons to escape they shall be condignly punished therefore at the discretion of His Majesties Council Item Our Soveraign Lord with advice foresaid Ordains the saids Commissioners to set a price upon Crafts-mens work and upon the Ordinars of Penny-Bridals together with the price of Shearers Fees and to punish the Contraveeners as appertaineth They shall cause sufficient single and double Ale to be brewed in every Shire and shall appoint Visitors to that effect with consent of the Barron and Over-lord of the ground They shall set down Acts against notorious and common Drunkards and impose sums upon the Contraveeners according to their qualities and deserts Our Soveraign Lord with advice foresaid Declareth That Three Justices of Peace shall be a full number and Session to decide in matters occurring betwixt the four Quarter Sessions Also Declares that no Letters of Caption ought to be granted against the saids Justices for apprehending of Rebels except they be found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charges doth belong And because there is sensible prejudice seen and felt through many parts of the Kingdom by reason of diversity of Measures and Weights used in the same Therefore Our Soveraign Lord with advice foresaid for removing of all abuses which may ensue in any time to come thereby Hath found expedient and by this Decreet and Statute of Parliament Decerns Statutes and Ordains That there shall be but one just Measure and Weight through all the parts of the Kingdom which shall universally serve all His Highnesse Lieges by the which they shall sell and buy and receive and give out in all times to come which Measure His Majesty with advice foresaid finds should be that Measure of Linlithgow which is now commonly used and which hath been used most customably through the greatest parts of this Kingdom these many years by-past And for setling a perfit Order whereby all the Measures that are now used may be reduced to the conformity of the saids Measures now authorized and for making of proportion answerable betwixt the lesser Measure and Weights and the greatest His Majesty with advice foresaid hath granted full power and Commission to Alexander Frazer of Phillorth Sir Gilbert Ramsay of Balmayn William Scot of Ardross John Murray of Touchadam Sir Robert Hepburn of Keith James Creightoun of Saint Leonards Sir Andrew Ramsay Sir Robert Murray Sir Alexander Wedderburn John Bell William Cunningham Andrew Glen Sir William Thomson Whom or any seven of them His Majesty with advice foresaid Ordains to meet and conveen together at such time and place as they shall think expedient and to consult and advise together and to appoint and determine upon the most convenient means how the said Measures and Weights may be reduced to the conformity foresaid and after they have ripely advised therewith and given forth their determination thereanent they shall deliver the same and whole course of their proccedings in the said matter to the Commissioners and Justices of Peace and to the Deans of Gild of the Head Burghs of the Shires who shall be holden carefully to do their diligence to see the Measure foresaid now appointed to have course through all parts as well Burgh as Landwart And that there may be one constant conformity in Head Burgh and Land Our Soveraign Lord with advice and consent foresaid Ordains that the saids Justices of Peace in Landwart take tryal of the Measures and Weights used in Burgh and to take a Note from the Magistrates and Deans of Gild of every Town of the Weights and Measures and of the number thereof which the saids Magistrates and Deans of Gild in Burgh shall be holden to shew declare and give up to them to the effect the saids Justices to Landwart may confer the same with the Standard now authorized and where they find any disconformity in the same from the said Standard the saids Justices shall inform the Kings Majesties Council thereof that they may take order therewith as appertaineth For it is expresly provided by these presents that the saids Magistrates in Burgh shall not be permitted to have or use moe Measures within Towns then the number to be professed by them and given up in Writ to the saids Justices to Landwart as said is this alwayes being respected That if the saids Magistrates within Burgh find any necessity for having any moe Measures then was given up and used by them before it shall be licenced to them to make moe Measures they being answerable and conform to the Standard and making the saids Justices to Landwart foreseen and acquaint therewith and declaring the number of the Measures whereof they find the necessity of use The saids Justices shall be holden to give command and direction to their Constables to apprehend any such person who shall be found contemptuously to have disobeyed the Censures of the Church they being lawfully required to do the same The saids Justices of Peace as well to Burgh as Land shall conveen and be present at the Quarter Sessions of the Shire where the Burgh and Land lyeth give their Oath to the Bench at their admission make their Record and make paiment of the Fines intrometted with by them as Justices of Peace of that Shire to their Collector They shall appoint a sufficient Collector for uplifting the Fines and Penalties which they have power to impose upon an Offender and are to take Caution of him for making due accompt They shall have during the time of Sessions for every day of their abode so it do not exceed the number of three dayes at the most at one time allowed to every one of them fourty shillings Scots money daily to be paid and uplifted by the Collector of the Fines but neither Earl Lord Bishop Privy Councellor or Sessioner shall have any allowance and all such Justices as have the benefit of that allowance and shall be absent from every ordinary Quarter Sessions or otherwayes when he is required lawfully by the Custos Rotulorum to any particular Meeting shall incur the penalty of fourty pounds Scots money not being lawfully excused and the excuse allowed by the rest of the Justices there assembled The Lords of Session shall direct general and summar Charges of Horning and Poynding at the instance of the Collector appointed in every Countrey for ingathering all Fines and Penalties whatsoever incurred upon a simple Charge of fifteen dayes and no Suspension shall be
such like cases And if any person or persons shall refuse or delay to assist the said Constable or Constables in executing his or their offices such persons for refusing or delaying shall be imprisoned or otherwise punished by the said Justices at their Sessions All Constables shall arrest any person not being in His Majesties service who shall be found wearing of Hagbuts Guns or Pistols in any sort and shall carry them before some Justice of Peace who is either to take security for their appearance the next Quarter Session or commit them Prisoners till they do the same unlesse they be Licenced from the Council or some impowered from them to give such Licences Upon the appearance of any Fray or Stir betwixt parties the Constable shall require the assistance of his Neighbours for sundring of the parties and if there be any harm done to the Constable or any of the Assistants by them who made the Fray they shall be punished by the Justices at the next Session When any person or persons have made a Fray and then flee to an house the Constable or Constabls may follow to the house to open the doors which if he or she shall refuse he shall take notice of the Master or Keeper of the house and require witnesses thereon and albeit the Delinquent shall flee further without the bounds of the Constables charge yet may the Constable follow and apprehend him in a fresh pursute and crave concurrence of the Countrey for that affect The Constables in every Paroch shall execute all such Precepts and Warrands as they shall from time to time receive from the Justices of the Peace And that the saids Constables may have satisfaction for their travels and pains Our Soveraign Lord with advice foresaid Ordains the saids Justices to give up particular Notes in writ to the Auditors of His Majesties Exchequer of the Fines in-brought to them that out thereof such measure and satisfaction may be appointed and given to the saids Constables and also to the Clerks of the Peace as may recompence their travels wherein if it shall be found that the saids Fines shall not be sufficient the saids Lords of His Highness Chequer shall appoint such further satisfaction to them as in their discretion they shall think their labours and diligence do deserve and cause them be paid of the same And notwithstanding of this above-written Act and all the particulars foresaids contained in the same Our Soveraign Lord with advice and consent of His saids Estates Statutes Decerns and Declares That the erection of the saids Commissioners and Justices of Peace and grant of Jurisdiction and Priviledges to them and the making or approbation of the particular Acts above-written introduced in their favours or any thing therein contained shall not be in any sort derogatory or prejudicial to the Rights Priviledges and Liberties granted and bestowed by His Majesty or His Highness Royal Predecessors of before to any of His Majesties Subjects of whatsoever estate or quality from the highest to the lowest But Declares that the saids Rights Priviledges and Liberties shall remain in their own integrity safe intire unhurt or unprejudged by the Premisses or any thing exprest in the saids Articles and every one of them and are holden as especially reserved and excepted out of the same And least this above-written Reservation should seem altogether to destroy the power granted to the saids Justices or should beget controversie betwixt them and any other having right and liberty of Jurisdiction as said is Our Soveraign Lord with advice foresaid for removing of all question which may arise betwixt them thereanent Declares That it shall not be lawfull nor permitted to the saids Justices to make any Citation of Parties before their Courts till the expiring of the space of fifteen dayes after the committing of the Fact for the which the Committer is to be conveened At the compleat out-runing of the which space if any having Power and Jurisdiction as said is hath omitted and neglected to use and exerce the Priviledge and Liberty of their Right and Power It shall then be lawfull to the saids Justices to make Citation and to proceed against the Parties according to the Power and Authority given to them by His Highness with advice foresaid and conform to the particular Articles above-written in all points and no otherwayes If any Party complain to a Constable that he is threatned by another then shall the Constable apprehend the Threatner and carry him with the party Complainer before the next Justice of Peace and if he refuse to go then shall he carry him to Prison Which all and sundry the premisses Our Soveraign Lord with advice and consent foresaid Ratifies and Approves in all points in manner as the same proports And gives unto them the strength and force of Acts and Ordinances of Parliament and Ordains execution to pass upon the same as effeirs XXXIX Act for the Fishings and Erecting of Companies for Promoving of the same OUr Soveraign Lord considering the best and readiest means for improving the benefit and advantages which properly belong unto Him by the Fishes which are or may be taken within the Seas Channels Firths and Lochs adjacent and surrounding this His ancient Kingdom And perceiving the same may be of great advantage many wayes especially in that the said Trade will not only be a Nursery for Sea-fareing men and a speedy occasion of building Ships for His Majesties and His Subjects use both in Peace and War But likewise will set many poor and idle persons a work and furnish the materials of a great native Export for the continual enriching of His Majesties Kingdoms by a sure foundation of Trade and Commerce For which ends and that the said Trade of Fishing may be the more effectually advanced and promoved within this His Majesties ancient Kingdom His Sacred Majesty with consent of His Estates now conveened in this present Parliament hath Erected and by the tenour hereof Erects Creats and Establishes particular Societies and Companies of His Majesties own free born naturalized Inhabitants in Scotland and of all others who shall be taken and inrolled in any of the same Companies and Societies and admitted to the priviledges thereof and shall enter themselves in the saids Societies within any Shire or Burgh of this said Kingdom one or moe betwixt and the _____ day of _____ as the first modern Societies and Companies to the effect after-specified Constituting and Creating such persons who shall enter themselves and their successors in a Body and Incorporation politick to exerce the Trade underwritten And Ordains that none be accepted therein except he who shall enter the sum of five hundred merks Scots at least of Stock in the said Society And Wils and Grants that whosoever are of the foresaid Societies or Companies to be Constitute their Heirs or Assignes shall enjoy the yearly benefit of the Stock to be given by them in all time after the in-giving thereof but to
in a generall Act of Indempnity to be past by His Majesty in this Parliament And forasmuch as the Ordinar Courts of Justice did sit and act by Warrand of these Meetings the Kings MAjESTY for the good and ease of the people doth with advice foresaid Declare That none of the Acts Decreets or Sentences given by these who sat as Lords of Session or as inferiour Judges within this Kingdom these years nor no Execution following thereupon are for want of lawfull Authority to be questioned Whereanent His MAjESTY with advice foresaid by these presents dispenses And also His MAjESTY considering that by a pretended Act and Commission from the said pretended Meetings or Parliaments Augmentations were granted to Ministers Kirks were divided new Kirks were erected and Lands from one Paroch to another dis-joyned and annexed and divers other particulars decerned in relation to the Plantation of Kirks which Commissions one or more though they had no lawfull Authority but in themselves were and are null Yet His MAjESTY being desirous to give all due encouragements to the Ministers of the Gospel doth with advice and consent foresaid Declare That all Acts Decreets and Sentences pronounced and given forth by the saids Commissioners and all Executions thereupon are and shall stand valid in time coming except such as upon the complaint of any party shall be found to have been unjustly or exorbitantly pronounced and decerned The determination whereof is hereby referred by His MAjESTY with advice and consent foresaid to the Commission for Plantation of Kirks to be established by His Majesty in this present Parliament that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of what was done by vertue of the saids Commissions in the years one thousand six hundred and fourty nine and one thousand six hundred and fifty as they shall think just conform to the standing Laws and Acts of Parliament preceeding the year one thousand six hundred and fourty nine and Ordains process upon supplication to be summarly granted parties alwayes being cited and that without any reduction As also with power to the saids Commissioners to be appointed upon the dependence of the saids complaints and process to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter may be determined by them And forasmuch as by a pretended Commission for the Exchequer divers Infeftments Gifts and others were past in the foresaids years one thousand six hundred and fourty nine and one thousand six hundred and fifty His Majesty with advice foresaid Declares That all such Gifts Infeftments and others are and shall be valid excepting alwayes new Gifts and Dispositions of Lands and others granted and past to His Highness prejudice and such other Gifts as upon the complaints of parties shall by His Majesties Treasurer and Commissioners of Exchequer be found to have been unjustly granted or past in prejudice of prior Gifts under His Majesties Hand though not past in Exchequer And whereas by a pretended Act of the foresaid pretended Parliament entituled Act abolishing the Patronages of Kirks all Patronages and Presentations of Kirks whether belonging to the King or any Laick Patron Presbyteries or others were discharged and all Acts Gifts and Rights granted thereanent Rescinded And yet neverthelesse it was thereby declared That the taking away of the Patronages should not prejudge the Patrons Rights to the Teinds nor weaken his Infeftment wherein the same is contained And that the Teithes of the Kirks whereof the Presentations were abolished should belong hereritably to the Patrons and be inserted in their Rights and Infeftments in place of their Patronage with power to the Patrone to dispone upon the saids Teinds in manner and with the exception contained in the said Act. And notwithstanding that the foresaid Act and whole Parliament be declared null yet nevertheless His Majesty with advice foresaid doth by these presents Declare That it shall be lawfull to Laick Patrons or Heretors to agree with the beneficed persons for Tacks or Rights of Teinds belonging to the said beneficed person according to the Laws of the Kingdom with this provision that the saids Tacks shall be no wayes prejudicial to the Stipend and Maintenance of the Ministers and persons to be presented according as the same hath been already modified or shall be modified in time coming and that notwithstanding of any Acts or Statutes made in the contrair All which Acts His Majesty with consent foresaid by these presents Discharges And in like manner His Majesty with advice foresaid Declares That as to such persons who are presently in possession of Kirks pertaining to the saids Laick Patronages the saids persons and Ministers shall during their service claime no right nor possession to the Teinds of their saids Kirks and Parochins other then they had formerly before the making of this Act they having alwayes a sufficient maintenance allowed and granted to them according to the Laws of the Kingdom X. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646. and 1647. THe Estates of Parliament considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawfull Authority and that among the other Judgements wherewith it pleaseth Almighty GOD to visit such who resist the Powers and oppose the Commands of those intrusted by Him as His Vicegerents for the Government of His People they are ofttimes left to their own counsels to do that which highly provokes GOD to wrath renders themselves justly odious to the world and hatefull to their posterity Whereof there is too doolfull an experiment in an Act of the printed Records of Parliament of the sixteenth of January one thousand six hundred and fourty seven entituled Declaration of the Kingdom of Scotland concerning the Kings Majesties Person Which being now taken into consideration The Estates of Parliament do find and Declare That it was carried on and concluded by a prevalent party against the judgement of many of His Majesties Loyal Subjects And that it is a most sinfull disloyal and unworthy Act contrary to the will and commandment of GOD contary to all Laws Divine and Humane contary to the Duty and Alleagiance of Subjects contrary to all the rules of Justice Honour Gratitude and Humanity and highly reflecting on the honour of this ancient Kingdom and the reputation of His Majesties good Subjects therein And therefore the Kings Majesty with advice and consent of His Estates of Parliament doth hereby Annull and Condemn the same for ever And Ordains it to be expunged out of all Records and never to be remembred again but with due abhorrence and detestation And the Estates of Parliament conceiving themselves obliged in conscience to make the truth of this business and the manner of the carrying of it known to the World for the just vindication of this Kingdom and His Majesties dutifull and loyal Subjects
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
called Sealch-skins ilk twenty dacker two ounces Bullion Silver twelve Denier fine Skins called Tod-skins ilk half hundred two ounces Bullion Silver twelve Denier fine Skins called Veal-skins ilk four dacker two ounces Bullion Silver twelve Denier fine Skins called Wool-skins ilk fifteenscore two ounces Bullion Silver twelve Denier fine Skins called Woolf-skins ilk two dacker two ounces Bullion Silver twelve Denier fine Sparres Roof-sparres ilk hundred two ounces Bullion Silver twelve Denier fine Sparres Roof-sparres of Oak ilk twenty two ounces Bullion Silver twelve Denier fine Sparres Wicker-sparres ilk thousand two ounces Bullion Silver twelve Denier fine Stulling every six bolls two ounces Bullion Silver twelve Denier fine Stirrop-irons ilk ten dozen two ounces Bullion Silver twelve Denier fine Stirrop-leathers ilk twenty dozen two ounces Bullion Silver twelve Denier fine Sword-blaides ilk threescore two ounces Bullion Silver twelve Denier fine Swords mounted ilk twenty two ounces Bullion Silver twelve Denier fine Sword-belts of leather ilk twelve dozen two ounces Bullion Silver twelve Denier fine Swine ilk ten of them two ounces Bullion Silver twelve Denier fine Suggar of all sorts ilk sixty pound weight two ounces Bullion Silver twelve Denier fine Sythes ilk threescore of them two ounces Bullion Silver twelve Denier fine Seathes ilk five hundred thereof two ounces Bullion Silver twelve Denier fine Seathes ilk six barrels two ounces Bullion Silver twelve Denier fine Shoos ilk hundred pair two ounces Bullion Silver twelve Denier fine Starch ilk hundred weight two ounces Bullion Silver twelve Denier fine Slyreland ilk hundred ells three ounces Bullion Silver twelve Denier fine Shewed Beds the peece two ounces Bullion Silver twelve Denier fine Sulfur ilk hundred weight one ounces Bullion Silver twelve Denier fine T TAkle ilk five hundred weight two ounces Bullion Silver twelve Denier fine Tallow called Narves Tallow ilk six barrels two ounces Bullion Silver twelve Denier fine Scots Tallow ilk three barrels two ounces Bullion Silver twelve Denier fine Tar of great and small bind ilk six barrels two ounces Bullion Silver twelve Denier fine Tyking for Beds ilk hundred ells two ounces Bullion Silver twelve Denier fine Tows ilk five hundred weight two ounces Bullion Silver twelve Denier fine Trumps ilk five hundred one ounces Bullion Silver twelve Denier fine Tobacco ilk hundred weight one ounces Bullion Silver twelve Denier fine Tobacco-pipes ilk fourty grose one ounces Bullion Silver twelve Denier fine V VEals ilk ten of them two ounces Bullion Silver twelve Denier fine Vineger of Wine ilk two tuns two ounces Bullion Silver twelve Denier fine Vineger of Bear or Ale ilk three tuns two ounces Bullion Silver twelve Denier fine W WAdmoll ilk two hundred ells two ounces Bullion Silver twelve Denier fine Wainscot of all sorts ilk thirty of them two ounces Bullion Silver twelve Denier fine Wax ilk last or fourteen Ship-pounds four ounces Bullion Silver twelve Denier fine Wheat every four bolls half boll two ounces Bullion Silver twelve Denier fine Whale-shot ilk two barrels two ounces Bullion Silver twelve Denier fine Worstead yarn for Shewing ilk twenty pound two ounces Bullion Silver twelve Denier fine Wool ilk six stone weight two ounces Bullion Silver twelve Denier fine Wines ilk tun two ounces Bullion Silver twelve Denier fine Wine-sellars ilk twenty of them two ounces Bullion Silver twelve Denier fine Whingers or Durks ilk sixty of them one ounces Bullion Silver twelve Denier fine Y YArn Cable-yarn ilk eight hundred weight two ounces Bullion Silver twelve Denier fine YArn Cotton-yarn ilk sixty pound weight two ounces Bullion Silver twelve Denier fine YArn Irish-yarn ilk three hundred weight two ounces Bullion Silver twelve Denier fine YArn Raw Linning-yarn Dutch or French ilk sixty pound two ounces Bullion Silver twelve Denier fine YArn Scots-yarn ilk fifty pound weight two ounces Bullion Silver twelve Denier fine YArn Spruce or Muscovia-yarn ilk two hundred weight two ounces Bullion Silver twelve Denier fine YArn Woollen or Bay-yarn ilk hundred weight two ounces Bullion Silver twelve Denier fine XXXVIII Commission and Instructions to the Justices of Peace and Constables OUr Soveraign Lord taking to His Royal consideration how much the appointing of Justices of Peace and Constables within all the Shires of this Kingdom under the Reign of His Majesties Royal Predecessors did contribute to the Peace Quiet and good Government thereof and to the speedy and impartial execution of Law and Justice to all persons subjected to their jurisdiction and power Therefore and for the furtherance of these ends in the future His Majesty with advice and consent of His Estates of Parliament Doth hereby Statute and Ordain That in all time coming there shall be Justices of His Majesties Peace appointed within each several Shire of this Kingdom to be nominate from time to time by His Majesty and His Royal Successors Which Justices of Peace are hereby impowered to administrate Justice and put His Majesties Laws in execution according to the particular Instructions after-mentioned viz. The Justices of Peace at their first sitting shall take the Oath of Alleagiance and Oath De sideli administratione which at first shall be administrate to them by the Sheriff or his Depute of ilk respective Shire or in their absence by the President and Conveener for the time Followeth the Oath of Alleagiance I For testification of my faithfull Obedience to my most Gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath that I acknowledge my said Soveraign Only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forreign Prince Power or State nor Person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and foresake all Forreign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His Majesties Jurisdiction foresaid against all deadly and shall never decline His Majesties Power nor Jurisdiction as I shall answer to GOD. Followeth the Oath De fideli administratione I As one of the Commissioners and Justices of Peace within Shires according to my knowledge wit and power shall do equal Right both to rich and poor conform to the Laws Statutes and Customs of the Land and that I shall not be of Council with any person in any quarrel or matter depending before me and that I shall every Quarter keep the Sessions or oftener as I shall be required not having any just impediment in the contrair and shall faithfully and truly discharge my duty as a Justice of His Majesties Peace and shall leave nothing undone that may tend to the preservation of the same So help me GOD. The Justices of Peace in each respective Shire shall meet and conveen together four times in the year viz. On the first Tuesday of May the first
breadth all common High-wayes should be to Mercat Towns Our Soveraign Lord with advice foresaid Declareth That the same should be of twenty foot of measure in breadth at the least and where any are of larger breadth they Ordain the same so to remain unaltered or straitned and that the saids Justices maintain the same with all other Wayes from any Town in the Paroch to the paroch Churches in the estate as they are And where they find any necessity of other Wayes from any Town in the Paroch to paroch Churches they shall inform His Majesties Secret Council thereof who shall give them after sufficient information their direction thereanent according whereunto they shall be holden to proceed And if any person refuse to concur for mending of High-wayes and Passages the saids Justices shall have power to censure and punish them according to their discretion with provision alwayes that if in their proceedings therein they use such severity or rigour as may move just complaints against them they shall be censured therefore by His Majesties Secret Council as appertaineth The saids Justices shall put His Majesties Acts of Parliament to execution against Cutters and Destroyers of Plantting Green-wood Orchards Gardens Haynings Breakers of Dove-houses and Cunninghares Stealers of Bees and Bee-hives users of unlawfull Games with Setting Doggs Slayers of red and black Fishes and Smolts in forbidden time Foulers fouling in other mens Lands Makers of Moorburn and Mosseburn Setters of Crooes and Nets in Waters and Dames having and keeping of Crooes and Yairs in forbidden time and shall proceed against them accordingly And for their better warrand to proceed in the premisses it is His Highnesse pleasure that Commissions be granted to the saids Justices of Peace to try and punish the violators of the saids Acts in the tryal whereof they shall proceed by witnesses or by oath of Party and the punishment to be inflicted by them shall be a pecunial sum answerable to the circumstance of the offence and quality of the offenders with special provision that their Censures and Punishments shall extend against none but those against whom by priviledge of their Instructions they may lawfully proceed And also with provision that the saids Commissions be not extended to any persons who shall be arrested and conveened for the saids crimes before any other ordinary Judge It is also provided that the ordinance and power contained in this Article shall no wayes be prejudicial to any other Commissions or Rights whatsoever granted to other parties whereby they have power to proceed and censure the crimes and offences above-written Item They shall inform the Kings Majesties Council and His Highnesse Treasurer or Advocat at the least once every year of Forstallers and Regraters of Mercats that order may be taken with them conform to the Acts of Parliament It shall not be leasome to any Hoastlar to resset any Masterlesse Men and Rebels at the Horn any Vagabonds or other persons guilty of known crimes or using Stouth and Reaf under the pains under-written To wit fourty shillings to be incurred by them for the first fault four pounds for the second and ten merks for the third together with the losing of the liberty of Brewing The incurrers of the which pains shall be punished according to the order foresaid by the Barrons and Masters of the ground whereupon the Hoastlar dwelleth within the space of fifteen dayes after the committing of the Fact and if the saids Barrons and Heritors neglect to do the same within the said space it shall be lawfull to the saids Justices to pursue and fine the Delinquents in their Courts according to the pains foresaid and to uplift the same from them without prejudice alwayes of whatsoever Acts made against the saids Hoastlars in the Barron Court Books under whom they dwell bearing any higher pain then as is set down in this above-written Act and also without prejudice of all Action Criminal or Civil competent of the Law against the saids Hoastlars in case they be under the danger thereof which shall not be taken away by any punishment set down and to be inflicted conform to this Act. Item They shall inform the Kings Treasurer and Advocat of breakers and contraveeners of the Acts of Parliament made against Malt-makers that the transgressors and contraveeners thereof may be punished conform to the Tenor of the saids Acts. They shall set down order in the Countrey for Governance in time of Plague and shall punish severely the disobeyers of the order appointed by them according to the quality of the Delinquent They shall appoint at the Quarter Sessions to be kept in August and February the ordinary Hire and Wages of Labourers Workmen and Servants and who shall refuse to serve upon the price set down by them shall be imprisoned and further punished at their discretion and to the effect Servants may be the more willing to obey the Ordinances to be made by the saids Justices for the saids Fees the saids Justices shall have power to decern and compel the Master to make paiment of the Fees appointed by their Ordinance in case the Servants please rather to pursue for the same before them then any other Judge The saids Justices shall take notice in all Sheriffdoms where there are any Goales and Prison-houses within any Burgh that the same may be kept up and not suffered to decay or become ruinous and if there be any Shire where there is not any Goal or Prison-house they shall inform His Majesties Council thereof that they may appoint and give order for building of one within the Head Burgh of the Shire and according to the directions to be given thereanent the Justices shall be holden to proceed And because there be a great many of Prisoners apprehended and committed who having no means of their own for their maintenance and entertainment will otherwayes famish and starve before they can come to their tryal who not the lesse in regard of the crimes committed can no wayes be put under surety or otherwayes in faults of lesse consequence are unable to find sufficient Caution to be made forth coming and answerable at the next Session Therefore it shall be lawfull to the saids Commissioners and Justices at their Quarter Session to rate every Paroch for a weekly proportion for the entertainment of those poor Prisoners providing they do not exceed the sum of five shillings Scots money at the most nor under one shilling at the least which sum shall be uplifted for that use by the Minister or Reader who shall serve at every Paroch from such Deacons who shall be appointed to collect the same and the saids sums to be delivered by the Constable of the Paroch at the Quarter Sessions in presence of the whole Bench then conveened to such persons as the saids Justices shall trust therewith and who accordingly shall make due account in paying the Jaylors such rates as shall be allowed for the poor Prisoners and making the rest forth