Page:The Laws and Acts of Parliament of Scotland.djvu/811

 xjltts of Parliament, &c. That no Nighbour in Burgh, ufurp againft the Officials thereof. Ibid- c. S7. That none hoi-.fc Wool, Hides, nor Skins, in Leith, or other places, out with Burrowes. Ibid. cap. 88. That Magiftrats of Btirghsbringyearly tothe Excheker, their Compt books of their Common glide, underrhe pain of tinfel of their Freedom, and that fifteen dayesof before, they warne all that pleafcs to come, and object againft their accompts, Ja. 5. p. 4 c. 26. That no £arl, Lord, Barron, nor Other moleft Burrowes, their Officiares, or Merchants, in uling their Liberties, under the pain of Oppreffion. Ibid, cap. 27. That no man pack, nor peill Wooll, Skin, or Hide, orlofle nor laid, outwith freeBurghs, and Privilcdge thereof, Jam. s-p.7. c 107. Item, that no Ber- fous Strangers, or Inhabitants within the Realm, pack, or peill any Hides ,_ or Skins, inrhelfles, out free Burghs, under the pain of Tinfelof the fiids Hides", or Skins, and :he Shirrefis, and Over-lordsof the Land where the fame is done, are ordained to put the Aft in Execution, Jam. 6. p.ij.c. 12. He that tines the caufe within Burgh, payes the winners expences. Jam. 5. par. 7. cap. rro. And alio Twelve pennies per pound to the Poor. Jam. 6. p. a. cap. 92. Tnatthe Officiaresof Burghs, have the only power to puniiii Fore- Sailers with- in the fame, Jam- s.p.7,c. rij. Renewed, butthepower of accufing, (becaufe of the negligence of burrowes) given alfo to the Thekurer, orhis Majefties Ad- vocat, Jam. 6. p. 12.C r+8. That Burrows have an univerfal weight, Jam. 5.0.7.0^114. Thatthe Officiares in Burghs Search , and Apprehend, all havers of f alfe money, or Counterfeiters of the Kings Irons, forCuinzie, Ibid. cap. 124. That Magistrates of Burghs caufe Deacons, Crafrmen , and Hoftellers , fet and take reafonable prices, for their work , and victuals, or elfe deprive them ot their Office, andFriviledge.Q. M.p. s- c. 23. Ratification of the Priviledges of Burrowes, and Burgeffes , and that Letters be direct upon their Priviledges, and Acts of Parliament made thereupon, without calling any Tarty, CL- M. p. 6j:. 49. p. 9. c. 86. Jam. 6. p. i.e. 26. p. s- c. 64. p. 6. c- 8s, and p. 19- c. s. That all Common high-gates to and from free Burrows, and to and from dry Burrows, from and to Sea-ports, nixt adjacent, be keept, and no flop made there-intill. under the pain of Oppreffion, Q. M.p. 6 c. 53- Ratified, and or- daining fuch as (hall ftop or impede the fame to be charged fummarly on Sex dayes before the Lords of Seflion, (asonly Judges thereto appointed) tobe decerned to have done wrong, and to defiit , and find caution for that effect , under fuch pains as ihallbe modeled , half to the King, half to the Party greived , and the probation to be by Famous Witnefles, and not by an Affile, Jam. 6. p. 12. c, 156. Aft in favours of Burrows of the Welt, difcharging unwarrantable Exactions of Fitters in Loch-fine, and other Laches of rhe lfles , they bringing their Elites within this Realm, forlerving the Country allennerly, under the pain of Oppteilion, Q- M.p. 6. c. 54- ..... _ c j That none make privie Conventions , put on Armour , dilplay Banners, or round Trumpet, or Talbron within Burgh, without the Queen, and the Magiftrats li- cence, under the pain of Death. Q.M.p.9.c. 83.Ratified,and that none Cbnvocac or afle'mble within Burgh, except they have licence of rhe Magiftrat, and that they doe nothing in their meeting againft the Afts of Parliament, & quiet ot the Burgh, otherwife the faids meetings, are declared feditious. Item, all the Inhabitants are ordained to affift the Magiftrats, and their Officers, for the fupprefling of tu- mults, under the pain to be puniflied by the Magiftrats , and Council of the Burgh, as Foft'erers of the faids Tumults, Jam. 6. p. 18. c. 17. Thatthe Burrowes may meet four times in the year bya Commifhoner tor ilk Burgh and two for Edinburgh, at what Burgh they pleaie, for matters concerning their State, Jam. 6. p. s c. 64. Ratified, and that the Burgh not keeping the Con- vention, when appointed, by the moft part , or by the Burgh of Edinburgh , and any Sex, or Eight, of the reft, and warned, by an miflive of the Proveft, and Baillies of the Burgh where the Convention is to hold, or otherwayes lawfully cited , Defined, in Twentie pounds, toward the charges ofthem that meet, and that on the Aft of the Convention, Letters of Horning, and poinding be fummarly di- rect, attheinftance of the Burgh of Edinburgh, for payment ofttus fine, Jam. 6. That the Taxation of Butrows be not altered, butftandasformerlie, that is to fay, that it be the Sex pan allennerly of all general Taxations, Jam. 6. par. 11. That no free Burgh, fell, or annailzie their freedom in haill, or in part, to any other Burgh.or any otherwayes, roithoutlicence of his Highnels, and ThreejE- ftaics of Parliament, under the pain of Tinfel of Freedom of the Burgh, either buying, or felling, Ibid. cap. 112. Aft Ratifying all former Acts, and of new ftatuting. that none exercile Mer- chandife not being free Burgefles, under the pain of Efcheat of their haill Move- ables halt to the King, and half tothc Burgh whole Commiffioners fliall appre- hend 'the fame, but prejudice of Landed-men, to have fome Merchandile to their own ufe , and behoove , Providing they fell not the fame again , Jam. 6. Thatall Inhabitants in Burghs, whether they be admitted Burgefles, or not, Exercing' TrafTecqua, or having change within the fame, beartheirpartoi all Taxes Stents, Watchings, Wardings, and all Dewties , and Services, touching the King, or Burgh, without refpeft to any Friviledge granted, or to be granted, except that the King may exeem one of ilk Craft for his own fervice, and without prejudice to the Members ofrheColIedge of Juftice, lbid.c. 1 jj. That there be three Burghs bigged. one in [Qniyre, another in Lachaber, a third in the lews; with all Priviledges of Burghs, Jam. 6.p. 15. c. 263. See the Aft in Highlands. That there be noExercife of Crafts in the Sub-urbs of Burrowes, but that the Ma- giftrats, and their Officiars may intromet with, and efcheat all work, wrought, or worki'n"- there, to whomfoeverthe materials may appertain. Ia.6.pi2.cap.i 54. And thir two Afts Ratified, extending the fotmer to tree and un-free, having their commoditie within Burgh, and having no other dwelliug, and bearing no burden without the fame. Jam. S.p- 14.C. 225. But declared thus, that all teiid- ing within Burgh with their Families, who may fpend a Hundred pouuds a year, or are itemed to be worth Two Thoufand merks, be fubjeft to burdens with the reft of the Inhabitants, exeeming and excepting ut fuprn, lam- 6. par. is. ■■■■,-( 57 C That ail unfree Perfons not Aftual Burgefles of the Royal Butrows where they dwell, and payes no taxt, and ftent, deiift, and ceafeftom uling Merchandize, or any of the Liberties of the faids Burghs . under the pains ftatut againft unfree Tra- fecquers , and that Letters of Horning be there on direct , charging the (aids un- frecmen to find caution to obey this Aft , as alfo upon thedecreets of the Conven- tion of Burrowes, betwixt Burgh, and Burgh, and Burgefles of free Burrowes, upon ten dayes, lam. 6. p. 19.C.6. That Letters ot Horning on a hmple charge often dayes, be direct on all De- creets, aud Afts of Burrowes inter Concivcs, and others fubjeft to their Jurif- diftion, and the Officers Execution thereof given on fifteen dayes, lam. 6. p. 13. cap. 177. That the Common gude of Burrows after the yearly rouping, and fetting there- of, be yearly beftowed at the light of the Magiftrats, and Council, to rhe doing oftheCommonaffairsthereof./W.c.iSr. That the Magiftrats at the inftance of the Heretor, take fummar cognition upon citation of the Party, of the condition of Lands Life-ientcduiiiin Burgh, and ordain the Life-renter to repair them #ithin a year, wherein if the Life-renter fail- zie, the Heretour may enter to the Foflcfiion upon iecurity found to pay to the Conjunft-fier, the maill ihe houfe may give the time of the cognition, and this extended to all burnt, and waft Lands, la. 6. p. 14. c. 226. That Burghs and their ftent Matters doe only ftent Perfons according to rheic rents, and holding within Burgh, but not according to their livings, and rents lying out with tbefame, la. 6. p. rj.c. 276. Ratification of all Priviledges, and Afts in favours of free Burrowes, and Bur- gefles, and elpecially of the Afts, lam. s.p. 2. cap. 11. la. 4. p. 6. c 84. lam. 6. p. 12. c.r si, and p. 19. c. 6. (all here above) Declaring the Liberties contained in thefe Afts tobe onlyproperand competentto the free Royal Burrows that have votein Parliament, ana bear burden with the reft, Car. 1. p. i.e. 24. But this Aft correfted, and it is ordained that free-men of Royal Burghs, and none elfc may buyorfell, in great, or whole laic, Wine. Wax, Silks, Spiccries, and Wad, or Other materials for dying, and that none may import, or export the fame, OC import any other Commodities, except as this Aft allowes, butprejudice to-No- blemen,Prc)ates,Barrons,and Others of their Friviledge of importing for their own ufe, but it is declared Leafom to any fubjeft.or any who fliall buy from them to ex- port cornes of the grouth of the Kingdom, all manner of Cartel, Nolt, Sheep, and Horfe, Coal, Salt, andWool, Skins, Hides, and all Other native commodities, andBurghs of Regality, and Barrony, and their Butgeffes, and Members of Societies, may export all their own Manufacture, or fuch gudes, as they itiaM buy iuFairs, andMercates, and all thefe exporters may import for their retumes, or fraught and hire of their Ships, Timber, Iron, Tar. Soap, Lint, Lint-feed, Hemp, Onions, and neceflaiks for Tillage, orbui'ding , or the ufe of their Ma- nufadturies, and alfo may tax , and retail , all commodities whatfoerer. And if any unfrec-man fliall be found to have any gudes , to be bought, or fold, exported, or imported , contrary to this Statut , if within Burgh Rov.il!ub-urbs, or pendicles, thereof, then thecudes may befummarlie fealcd, as efcheat. but if out with, then they may only be atrefted, and perfewed as efcheat, half to the King , and half to the Burgh apptehender, but they may not only in this laft cafe be fusn- marlyfeafed byway of faft, by any Burgh, or any for them, under the pain ofa Riot, and all Afts and Ratifications contrary thereunto, aterefcinded, and Let- tersof Horning are ordained tobe direct on this Aft, ar the inftance of Burghs Royal, Car. 2. p. 2. Seff 3. c. s. Th.it where houfes are ruinous within Surgh, by thefpace of three years, the Magiftrats may wairn thefe known to have interett therein, ofpropertie, or An- nual-rent, Perfonally, or at their dwelling houfes, and them , and all others, at the Paroch Kirk , and Mercat-crofs , andincafeofabfenceoutof the Realme , at the Crofs of Edinburgh , and Peer and Shoar of Leith , on Sexty dayes, to repair them within year and day, or otherwife, that they will caufe the lame be va- lued, and fold to others, paying or configning the price, who will repair them within the faidfpace, or if none will buy, then the Magiftrats may buy, and rebuild them, and this right to be an un-queftionable Iecurity to the Builders, far. 2. p. 1. Self. 3. cap. 6. Thatno Royal Burghkeep Mcrcats on Mononday, or Saterday, Car. 2. p. r. Seff- 3. c. 19. Sceitin Mercats. Burgefles and Indwellers in Burghs Royal, may only arreft Strangers, living without the Burgh, for Horfe-meac , or Mans-meat , Abuilzements , or other Merchandife, due to themlelfs origmallie, without bound , or Iecurity given therefore, other* ayes the Magiftrats may be perfewed ibrwiongionslmprifou- ment, Car. 2. p. 2. Seff. 3. c. %. BURIAL. Aft Restraining the exorbirant expences, and numbers at Burials, and dif- charging abfolutlie Mourning Clocks, under the pain of an Hundred pounds,Car.2. p. 3. cap. 14. BURNT LANDS. Rules anent the repairiug of burnt Lands in Burghs, 1. That if the Annual- renter, bear his psrt of the expence of repairing, proportionally to the Annual- rent, and Rent, he have his whole Annual thenexitermaftertherepairing. 2. If the Annual-renter doe notcontribut to the bigging he want the Sexth parr of his ground Annual, the Fifth of his few Annual, and rhe Sexth of his top Annual, De- claring neverthelefs the faid defeafance redeemable by the Annual-renter by pay- ment to the Owner of Ten pounds. for ilk Merk given dawn. 3. Ifthe Owner repair not within two years, rhen the Annual-renter may perfew his Annual ( abating as above ) as accords. 4. It the Annual lye upon the haill Tcnnement and a part ofit be only burnt, and if the part that refts may pay the haill Annual, and twife as much to the Owner,, then the whole Annual flull be payed, but if not, the Deduction to be proportional, effeirand to the Third penny. 5 . If rhe Annuel be redeemable and the Annualler contribut as in the firft Article then a half more of the fum in the reverfion fliall be eeked thereto. 6. If the burnt Land belong to a Chaplain, and be not able , and the Patron not willing, or not able, to repair it, then the Chaplain may fet it in few, without ihe Patrons confsnt, (making al- wayes the firft otter to the Patron) for the true avail. 7. It the Land belong to a Lite-renter, and Troprietar, rhen the Life-renter hath the piefeirence if plealed to bigg,and therefore thall the Froprietar,and the Land fliall be boundto reiound arher deceafe the third of the real expence to her Executors, or Ailigueys, the Land being alwayes bigged as it was before, otherwayssrheProprierarmay bigg paying ro the Life-renter, the third of the free- maill, itpayed before the burning, Q. M. p. 4. c. ro. This order anent burnt Lands betwixt the Owner, and Annualler appoynted to beobferved, as to Lands in Edinburgh, and about it, belonging to the true fub- jefts, and burnt by the then Rebels, Jam. 6. p. 4. c. 58. Anent, Life-renters repairing burnt, or watt Lands in Burghs, Jam. 6. p. 14. c. 226. SeerheAftinBMrgAj. BURSARES. What Benefices, Patrcmes may prefent, and difpone to Burfares, See it in Patrones. c G A L U M N E. Oath of Calumne, Sac lAttions. C A R D E S and D I C E. That none play at Cards or Dice, in any Common-houfe , Town, Hoflellarie, CookesHoule, under the-pain of Fourty pounds, rhe keeper of the faid Houte for the firft, andlofsof Liberty for the lecond fault, and that there be no play- ing many privat Houfe, except where the Mailer playes; And ii more : be win 111 Twenty four hours, thenanHundreth meiks, it fliall be configned in the Kirk Theiauisishandini^Kiw^, orintheColleftor tor the Poor his hands in rhe C Countrey