Page:The Laws and Acts of Parliament of Scotland.djvu/266

 M4 KING JAMES THE S E X T that there be ane juft meafure and ftandard for the Salmond, maid be the Burrowes , conforme to the auld Actes of Parliament, and the lamia to rcmaine at the Burgh of i^Aberdene. Andfik-like, that there be ane juft ftandard and meafure for Herring and quhite-fiih, quhilk fall be burnt , andremaine in the keeping of the Proveft and Bailiies of Edinburgh. And that all Salmond trees ; Herring trees, and quhite-fiih trees, univerfaliie throw this Real me, fall be of the gage and meafure fore-faid. And that ilk Burgh fail receive ane patrone and meafure of the gage forefaid, and fall caufe the Coupperes within their bounds , make their trees conforme to the faid meafure, and the fame to be burnt be the Town Iron, and Couppers Iron on baith the endes, and upon the fteppe , befide the bung. And in-cafe ony Salmond, Herring, or quhite- fiih. be packed in utheris trees, nor of the juft gage fore-faid , burnt and marked , as faid is , the famin fall be efcheit to our Soveraine Lord. And ordainis the principall ftaple of Salmond fra T>ee north, to be at the ■Burghes oix_ylberdene and Elgine : and the principall ftaple of Herring, and quhite-fiih , flaine be the inha- bitantes within the water of Forth, to be in Leith , within the priviledge and f reedome of the Burgh of Edin- burgh, and within the port and haven of Carraill. And the ftaple of Salmond, Herring and quhite-fiih, flaine be Nordi Fiffis-nes, to the water oilDee , to be at T)undic' , or Terth. And that the faidis Proveft & Bailiies o? Edinburgh , %^/iberdene , Carraill, Elgine, Terth, and 'Dundie , fall appoynt ane difcreet man to be vifitour, wracker , gager, and burner of the faidis trees , and appoynt to him ane reafonable dutie ofilkelaft thereof, for his laboures. That all unfree-men , fifchers, and flayers of herring and quhite-fifhe, dwelland within the boundes ot the water of Forth , on baith the fides , to the water mouth of Toy , bring their Herring and quhite- fifh to be flaine be them in time cumming , to the portes of Leith or Carraill, and at Weft-fide , to Aire , and T)umbertane , dividand the boundes betuixt at the Clochftane : there to be gag- ed, marked , and fauld to the free Burgefles of this Realme. And that na fiihers, or utheris unfree-men , fell their faid Herring, and quhite-fiih to ony ftrangers or unfree-men, or carrie the famin furthof this Re- alme to ony uther cuntries, to be fauld be themfelves , under the paine of efcheitting of all their moveable guddes: The ane halfe to our Soveraine Lordis ufe, and the uther halfe to the Burrowes , quha fall convict them, be vertew of their Commiffiones. i^%. For explication of the Acl maid befoire, for punifbment to rebelles, contempnandly remainand at the Horne. FORSAMEIKLE as in the Parliament halden at Edinburgh, the xx. day of October, the zeir of God, 1 5" 7 9 . zeires : There was ane ftatute maid for punifhment of Rebelles , contemnandly remain- and at the Horne : In the quhilk it was ordained , that all horninges execute before the dait of the faid Ac!:, within xv. dayes after the publication thereof, and all hornings to be execute thereafter , within xv. dayes af- ter the denunciation , fuld be deuly regiftred in the Schireffe Clerkes buikes of the Schiref-dome , quhair tha faid denunciation is maid, marked and figned be the Schireffe Clerk,and delivered againe to the partie,with ex- grefle provifion conteined in the faid Act , that hornings not regiftrat , after the forme and tenour thereof, fuld make na faith , nor be of ony force nor effect , as the faid Act at mair length proportis. Be the generali- se quhairof, findrie doubles arrifand : It was proponed, to our faid Soveraine Lord, and defired to be declared, be his three Eftaites in Parliament , gif the provifion of nullitie of horning therein conteined, for none-regiftration thereof, according to the forme prescribed in the faid firft Act, fuld have place in horninges, execute at the inftanceofane perfon deceafed langbeiore the making of the faid Act -, quhair the perfon de- nunced was alfwa departed this life, before the making of the fame : The purcheffer of the letters of Horn- ing beand donatour to the efcheit, and the gift of the faide efcheit , having taken full effect in the donatoures perfon lang of before, and therethrow the donatour , and the purcheffer of the letters , being fatified of his debt, and the rebel! punifhed, and departed this life , before the faid ftatute , quhilk culd na waves be extended to the perfones quhilkis were deceafed , before the making thereof * and quhilkis were punifched for their faid rebellion. The Kingis Majefty, with the advife of the faidis three Eftaites of Parliament , be- and ripelie advifed therewith, lies declared and declaris , that the faid Act of Parliament , is not, nor fall not be hereafter extended to fik horninges, as were execute at the inftanceofony perfon departed this life, before the dait thereof, againft the rebell quha deceafed before the date of the faid Act. And fpeciallie quhair the efcheit falling be the faid horning, wa?difponed, and the donatour had intrometted with the guddes, takkes, and polleffiones, conteined within his gift : Bot that the faid horning , in the caufe forefaid, al- beit the fame be not regiftred, lies bene, and fall be, in all time cumming , of full force and effect. Like as alfwa our Soveraine Lord, and the three Eftaites forefaidis declaris, that all letters of horning , dewly execute and indorfat, for non-compeiring to underly the Law , or for not finding of fovertie to that effect , reported to the Juftice Clerk, and his deputes, as ufe is, lies bene, andfallbealsfufficient, as gif the fame were regiftred in the Schireffes buikes, quhair the faidis rebelles were denunced. And that it fall be fuffi- cient that the hornings within Stcwartries and Regalities, be regiftrat within the buikes thereof , and that hornings execute upon perfones, for their non-comperance to beare witnes , fall neede na regiftration, FINIS. A N £