Page:The Laws and Acts of Parliament of Scotland.djvu/810

 An {Abridgement of the toamitthebeneficethereof, la. 6; p. 1 8. c. 9. .•".'_ j .u . Aft againft refer of Fugitives from the Borders to the in-Counmes, and that none born or long habitual in the Borders be refet in the ln-Countreys, without a Teftimonial of the great Commiffioner of the Borders, and that none forge or life a falfe Teftimonial. under the pain of death, la. 6. p. 20. c. 10. The Borderers, efpeclally within Berwick,, oxburgh, and Drumfreu Shires, ■and Stewartry of ^nndn<W/, aredifchargedof allaftions ( Decreets already ob- tained being flill excepted) offpuilzie, or wrongous inttomifiion, for any thing done before King James his fucceedrng to the Crown of England, and alto ot all Criminal purfuits intended, and to be intended, for whatfoever crime, import- ing life, committed beforethefaid time, without prejudice neverthelels to the Kings Ad vocat, Juftices, and Commiflioners, to puifue the fame as accords, Ja. 6. p. 21. C. 6. BORGH. TheformoffindingaBorghinCourt, Ja. 1.P.9.C.116. And he who recoun- 'tersaBorgh, and abfents thereafter, tines the action, ibid.c.wi. BORROWS. See LAW-BORROWS. -BOUNDS and MARCHES. See IN- FEFTMENT. BRANDY. Aft allowing Brandy to be imported, and that it be lyable » «*>"»£^ Tun of Cuitome, aivdfexpence/xrPintof Swift, te be payed by the : retailed and this Excite to be applied for the relief of the Annuity ot Excife, in Shues or furghs where the Brandy is retailed, Car. 2. p. 2. Seff 4- «• *• BREAD. The Privy Council ftould fet down the price of Bread, according as the Wheat mles, Car.2.p.2. Seff i.e. 15- BREADTH. Of what breadth Droggats, Linnen, and Stuffs fhould be, Car. z.p.3 .cap. 12. BRIEVE. That no exception avail againft the Kings Brieves, holding the old form, and Wed or blobbed, in the name and fumame of the Follower and Defender. The ^&&^£^&^^*^«<^™ %rdcr'anentBreivespleadable, according to the old form of Procefs , Ja. 3. p. omeybTonfyExcepttonsagainlf the Judge, thelnqueft, and that ofBaftard- iv Uem, ^Perfonsprelent, may be compelled without Summonds, to pafs upon thelnqueft. Item, Their Brieves ftoull be cried openly in plain Mercat, or on MouTday, fwathattheOfficiarsof the Town, and Ux more be prefent, la. 4. p. Uifh,U VZ Claimed at Penh, for Landswithin the Stewartry of Fife, a. : C~ Within the Bailliaiies of Kyle, Carried and Cunningham*, at ^f,. Within the Stc^Uiesof KirkeM^ght^d^nnandale, *Drumfreu Butthat theybe al- wayes ferve^wkhm the Tolbuith of the head Burgh of the Shire, Stewartry, or Bailliary, as of before, la. 6. p. 1 1. cap. 60. BREWERS. See MALT-MEN, BRIDGES. The Council may lay on modem Cuftoms at Bridges, for the upholding there- of, Car.2.p. 2. SelT. i.e. 16. See the Aft in W ayes. BROOM. See PLANTING. BUCHANAN. That Buchanans Chronicles, and deJuU^gni apud Scons, be brought in by the havers, to the Seceetary within 20. dayes after the publication of this Aft, un- der the pain of 200. pounds, to the effeft they may be purged of certain offenfive and extraordinary matters therein contained, la. 6. p. 8. c. 134- BUIRDING. That every Prelat, Lord, and Landed Gentleman, make his ordinary dwelling .this own Houfe, with his Family; and that they forbear to buird themfelves in Burrows, Ale-houfes, or their own Houfes, under thef pain of 500. merks The Lord orPrelat: 3 00. merks the great Baron: And 200. mcrks ilk other Lan- ded Gentleman, for the Kings ufe, la. 6. p. 7. C..116. BULLION. That foverty be found totheCuftomersof the Potts, for Goods exported, to bring homtf the quanties of Bullion mentioned in the Aft, la ■ 1. p. 1 3. cap. 143. The quantities of Bullion again appointed,and that the Cuftomers make compt thereof yearly inExchequer, la. 3.p. 7 .cap. $i. And thir Acts ratified : And that the Merchand have twelve fliillings for ilk ounce of burnt Bullion from the Cuin- zier, and that of ilk ounce be made twelve groats, 1. 1. p. 8. cap. 65. Andla.s.p. 7 c 107 That there be brought home for Bullion four ounces of burnt filver of ilk Serplaith, or eighty ftone of Wool, or Laft of Salmond; And that the Mer- chant have 'ten of the fourteen penny groats for ilk once, la. 3. p. n:cap: 93. The fame Ratified, and that compt be made of the Bullion yearly m Exchequer, la- 4: p: 1. c. 2. and p: 2: c: 14. Andthat the Cuinzicr give for the ounce of burnt fiber eleven fliillings fix pennies, ibid. a. 17. Aaratifying the Afts about Bullion, that foverty be found for bringing it home equivalent to the goods tranfported, that it be compted for yearly in Exchequer, and defalcation given to the Merchanr, if any lofs of goods happens him And that for every ounce of utter fine filver, the Mafter Cuinzier pay to the Merchant fourty (hillings, and make compt for the profit to the King, ^Ratification of .ill Afts anent rhe home-bringing of Bullion, and that the The- faurer and his Deputes compt therefore yearly in Exchequer, la; 6: p: 14: cap: 203. That forthe ounce of Bullion twelve deniers fine, which the Merchants are a- ftrifted to bring home, they have an ounce of his Highnefs own Co) n of eleven deniers; And that of all other Bullion that they fliall voluntary bring in, the thir- tieth penny only to be retained to his Majefties profir, la: 6: p: I5:c: 249. TharallforrainCuinziebemadeufeof only for Bullion, and that the Officers of the Mint make a Table of the prices thereof, ibid. Commiltion given to the Lords of Council for taking order anent the home- bringing of Bullion, anddifchargingthetranfportof Gold, Siiver, and forbid- den Goods, under fuch pains corporal and pecunial, asthey fhall think fit, la: 6; p: ifi:c. 9, That all commodities lyable in payment of Bullion, pay according to the Al- phabet fet down in the Aft : That the Cuftomers, with concurrence of the Clerks of the Coquet, caufe every Merchant, Native, orForrainer, exporter of the faid Commodities, find ficker (overty, ot give pledges, that the due Bullion be deli- vered to the Officers of the Mint : And that of Forrain Bullion, either Plate, or burnt Silver, twelve denier fine, and being bafer, to be made up by weight and reckoning, and rhatbefore he receive his Cocquet. Thatnoneof his Majefties, orhisFredecefTorsCoyn, or any other fatisfaftion be received for the faid Bulli- on, underthepain of deprivation of the Cuftomer, or Clerk of Coquet, and far- ther punlfliing in their perfons and goods at the Privy Councils difcretion : And who fhall difcover any fuch collulion, ihall receive a third of the value of the Bul- lion to have been payed by the Merchant. That the Cuftomers be Comptrolled by the Recepts of the Officers of the Mint, andbeanfwerableforthefuperplus: And that they give the Merchant convenient time, the longeft not exceeding feveu mo- neths, for home bringing of the Bullion. And laftly, that the f orefaid Alphabet be of force from tbedateol thisAft; and all Commodities hereafter exported lyable accordingly, without refpeft to any other Aft made, or to be made in this Parliament, Ca. 2. p. i.Sefl. i.e. 37. But all Native Commodities and others exported forth of the Kingdom, are dif- charged of the payment of Bullion, and the fame impofed on goods imported, and at the rates (pecified in the Aft : Which rates the Merchant is to pay to the Officers of the Mint at the importing, or twelve fliillings Scats for ilk ounce to the ColleftorofthePort, redeemable alwayes within 40. dayes, upon payment of the Bullion. And for every ounce of Bullion twelve penny fine, the Merchant is to get back three pound ten pennies Scots, and of eleven penny fine fifty five fliillings nine pennies, and fo forth. And all Cuftomers vtrtute officii, are declared count- able to Officers of the Mint for the faid Bullion, or prices thereof, and are bound to give in accompts of the whole forefaid Commodities imported, and that upon Oath yearlytothe Exchequer, and ro produce the Merchants fubftribed entries: And the Officers of the Mint are oblidged to import the ftock of Bullion them- felves, for the faid prices they fhall receive, and to Coin the fame in his Majefties Goin. And no Aft made or to be made in favours of Manufafturies, or others, ihallexeemthefaidsGoodsimported from the forefaid Bullion, Car. 2. par. 2. Seffii.c. 8. BURGHS, See Craft, and Merchant. Thatin all Burghs there be Eight, or Twelve Perfons, after the quantity of the Town, chofen of Secret Council, and fwotne thereto, to decide maters of wrong* ©1 unlaw to the avail, ofFive, or Eight pounds within eight dayes warning, Ja. 2. p. n'c. 46. ThatnamahinBurghbefoundinman-rent, nor ride in rowte, infeir ofweir, with any but the King, and his Officials , 01 the Lord of the Bargh , and that they purchafenoLordfhipin oppreffion oftheir Nighbours, underpain of Confifca- tion, and their lives to be in the Kings will, Ja. 2. p. 14. c. 77. J. 4. p. 3. c. 34, and Jam. 5. p. 4. c. 27. See Leagues. That all Merchants be Free-men Indwellers in Burghs, Jam. 3. p. 2. cap. 11. See Merchant. That Officials in Burgh be not continued farther then a year, that the Old Council firftchoife the New; And then both Old, andNewchoife the Officials: And that ilk Craft have vote in the Eleftion of officiates, by one to be chofen by the Craft yearly; And that no Captain, nor Conftable of any Caftle many bear Office in the Town, Ja. 3. p. 5. c 30. In all Burghs four of the Old Council flionld be choifen yearly,to fit with the New, Botwilhftandmg the proceeding Afts, J. 3. p. 7- c S7- That the Election of Officiars in Burghs, be withont partiality, or Mafterfhip, Jam. 3. p. 14. c. 108. That all Officiars hi Burgh, be changed yearly, and that they be Perfons unrig Merchandize wkhin the Burgh, Jam. 4. p. 6. c. 80. Honeft, and Subftantious Bur- gefles, Merchants, and Indwellers thereof, under the pain of Tinfel of their Freedom, whodoes in the contrary. Jam. 5 . p. 4. c. 26. That none be capable of the Magiftracy, or any other Office within Burgh, except Merchants, and Aftual Trafecquers within the faid Burgh allennerlie , and no others: And thatthe faids Magifttats, and Commiflioners of Burghs to Parlia- ments weare fuch decent Apparel in all folemne occafions, as his Majefty null pre- fcribe. Jam. 6. p. 20. c.8. That the Commiffioners of Burrows conveen yearly in Innerkeithing, the Mom after St. James day to treat about the welfare of Merchandize, and their own com- mon profite, and the Burgh abfent to pay Five pounds, to the coft of thefe prefenr, and that Letters be direft thereupon, Jam. 3. p. 14. c. 11 1. Thatall Ships, Strangers, and Others, come to ftee-Borrowes, aud there make their Merchandize, and that Sttangers buy no Fifh, butfalted, and Barrelled, and they make no Mercliandife at the Lewes, and that no Subjeft take Ships to fraught in defraud of the King, under the pain of Tinfel of Life, and Gudes, and Strangers contraveening, tine Ship , and Gudes, Jana. 4. par. 1. Cap. 3. This Aft Ratified, and farther , that none buy from the faids Strangers,but from Free-men, at the ports of the faids Burrowes , nnder the pain of Efcheat of their Moveables, Q. M. p. 6. C $9. But this Aft is called an *A8 anent liberty of Mir - chants at the Wefi-Sea. And thefe Afts again Ratified, and that Strangers neither buy, nor fell , any Merchandife, but at fee-Burrowes , and with Free-men, and that none Conduct, Fraught, orPilote any Stranger to the Ifles, under the pain of Tinfel of Life, Lands, and Gudes, Jam. 6. p. 7. c. 1 20. That Strangers Merchants, lodge iu the free-Burrows, or principal Towns of the Ports where they arrive, and that their Hoafts give an accompt to the Kisg oftheir, gudes, inward, and outward, Jam. 4. p. 4. c. 41. That there be ficlike Procefs for the recovering of Anwels, at the Fourth Court in the Burgh of Perth, and in other Burghs, as in Edinburgh, Jam. 4. p. 2. c. 20. But this manner of Procefs is in defuetude. Thar the Common-gude of all Burrowes, be fpent for their Common profite, by the advice of the Town Council, and Deacones of Crafts , where they are : AndrhattheChamberlaneenquireintothisyearly. And thatthe Rents ofBur- rowesbenotfet, but for three years allennerly, under pain of Nullitie, Jam. 4. p. 3- cap. 36. Ratification of the Friviledges of Burrowes, and that none dwell out of Burrows, ufe Merchandife, nortap, nor fell, Wine, Waxe, Silk, Spicerie, Wadd,nor ficlike Stuff, nor ftaple Gudes, norpack, norpeill, in Lath, or other places, out with Burrowes, under the pain of efcheat of the gudes. Jam. 4. par. 6. cap. 84. That Commiflars, or Heads-men of Burrowes, be warned to the giving of taxes, as ane of the Three Eftates, Ibid. cap. 8j. That
 * ThaV Exceptions be not proponed againft the Brieve of Inqueit,as againft a Brieve
 * " "L Brieves for ferving to Lands within the Stewartries ofStratherne and Men.