Page:The Laws and Acts of Parliament of Scotland.djvu/63

Rh that is to say, anepint, a quart: quhilk was given be the ordinance of the three Estaites, Schir John Forester that time beand Chalmerlane into the Burgh of Striviling; as for the standart, they to remaine universailie throw-out the Realme. And the firlot sall be maid thereafter, that is to say, ilk firlot sall conteine eightteene pyntes of the samin measure round and in like wide under and abone, the twa buirdes conteinand even over in thicknes ane inch and a halfe, and the breadth over within the buirds sextene and a halfe: And the halfe firlot and peck to follow in the samin kinde. And of thir said measures, that is to say, pynt, quart, and firlot, sall be maid new, three standerts: Ane to sende till Aberdene, ane uther to Perth, and the thrid till Edinburg, to remaine, and now to be proclaymed there, fra the feast of Saint Michael next to cum, That thay measures, pynt, quart, and firlot have course, and nane uthers. Swa that in the meane time, all maner of persones, that thinks till use the said measures, may get them, beand burnt and sealed with the seales of thay steides, as they will use, and be served thereafter. And gif ony persones after the said termes usis uther measures then thir, & there may be taint gotten thereof be the dittay,or utherwaies,they sall pay the unlaw of the Chalmerlaine air double: And gif ony man be founded of auid or of newe fermes of uther measures then are abone written, their foundation sall stand in effect, and the measure of their foundation sall be proportionate to this measure that now is, swa that the samin quantitie sall remaine with the giver and the receiver, but prejudice of ony of them.

74. He quha takis him to his remission, sall finde caution to satisfe the partie. TEM, Anent the contentation of parties compleineand of divers persones, quhilkis hes remissiones of the King: It is seene speedeful for ony partie, quhair of it is pleinied, and alleagis till his remission, as for spulie of gudes, outher be theft or rief the parrie alleage-and till his remission, sall finde sicker burrowes, to content the partie compleineand within fourtie daies nixt followand. And gif he dois not, he sall remain in the Kingis prison, quhill the saide fourtie dayes be runnin, and then his remission to be exp red, and of no value. And as of actiones committed in times by-gane, the partie compleineand, sall have recourse to the Lordes of the Session, the quhilk is sall have power to garre them be restored, after the tenour of the acte of spoliation maid thereupon: Or gif it pleasis die partie to follow to the third aire, after the auld use and custome: And there after gif the partie be not content, his remisson to be expyred and of nane availe, as is foresaid.

75. That na Free-halder be constreinied to the Parliament, hot he be of xx. pounds worth of land. TEM, The Lordes thinkis speedefull, that na Free-halder, that haldis of the King under the summe of twentie poundes, be constienied to cum to the Parliament or General Councel, as for presence, bot gif he be ane Barronne, or els be specally of the Kingis Commondement warned, outher be officiar or be writ,

76. The punition of negligent Officiares. TEM, OUR SOVERAINE LORD, and his three Estaites ordainis and determinis, gif that ony of his Officiares or Schireffes, Maires, Baillies, Crowners, Serjandes, Provestes of Burrowes, and their Ministers baith to land and to burgh, be foundin faultise or negligent in the execution of their offices, and it may be lauchfully prooved on him, or notourly kend, gif the said office perteinis to him in fee and heritage, he sall tine his Office, and the profite thereof for ane eir and a day, and to be punished be the King in his person and gudes, after the quantitie of his trespasse. And gif his office perteinis to him not in fee and heritage, he sall tine his office for all the times he lies it, and to be punished in his person, after the quantitie of sik trespasse, at the Kingis will.

77. That na leagues nor bandes be maid within Burr owes nor man-rent. TEM, It is seene speedefull to die Lordes, that within die Burrowes dirow-out the Realme, na leagues nor bandes be maid, nor it na commotion nor rising of commounes in hindering of the commoun Law, bot at the commandement of their head Officiar. And gif ony dois in the contrarie, and knawledge and taint may be gotten thereof, their gudes that ar foundin guiltie therein, to be confiscat to the King, and their lives at the Kingis will. And that na man dwelland within burgh, be foundin in man-rent, nor ride in rowte in feare of weir with na man, bot with the King or his Officiares, or with the Lord of the Burgh,that they dwell in, or with their officiares, under the samin paine. And in like maner, that na indweller within burgh nor land, purches ony Lordshippe in oppression of his Nichtboures in like maner, under the samin paine.

78. Of them that occupy is Lordes landes against their willes. TEM, Anent maisterful-men, that schaipis them to occupy maisterfully Lords landes, baith Spiritual and Temporal: The Lordes dunks speedefull, that the persones compleinieand upon sik maisterful-men, sall cum to the Kingis Schireffe and Baillie, and aske his ground for to be devoyded, or to see what reason, that partie