[1641/8/210]*[print] [email] [cite] [preceding] [following]
Our soverane lord and† assembled, wnderstanding that the sallmond fishingis are one of the principall benefites wherby trade is menteyned and money brought in the kingdome, and that throw the evill ordering therof, both in the insufficiency of the barrelles and alse in the disloyall packeing of the same, not onlie is the merchantes estate damnified therby, bot alslo the natione is dishonoured abroad and disappoynted of what should returne therby, therfore our said soverane lord, with advyse and consent of the saidis estates, ordeanes ane act to be made ratifieing and approveing all and sindrie actes of parliament, lawes and constitutiones of this realme made anent salmond fishing and the sufficiencie of the barrelles and loyall paking therof, with this additione: that the whole couperes within this kingdome make the said sallmond barrelles of good and sufficient new knappell, wherfore he shall be ansuerable, without worme bolles, and whyte wood of sufficient tichtnes for conteyneing the pickle and sufficient tichtnesse for enduring all kynde of stresse in the handlinge, and that the barrelles conteyne no les then ten gallones of the Stirvling pinte, conforme to ane act of his majesties counsell of the daite at Halyrudhouse, the fyfteene day of Julij 1619 yeeres, which his majestie, with consent foirsaid, ratifies and approves in all the heidis, clauses and articles therof, to be ratified in this present parliament wnder the paine of fyve pundis to be payed by the couper for ilke wnsufficient barrell and escheate of the samene barrell; and that the same be well pyned in the pickle before the packing therof, and thereftir the said barrelles to be weell tichted and double girthed befor the transporting therof to forrane nationes, and that no barrell be sooner made and blowne bot that the couperes birne be set therone one the tapone staffe therof in testimony of the sufficiency of the tree; and that everie couper be ansuerable and lyable in payment of such losses as happine to be laid one the fishe at the mercate if it be fund to be in the defaulte of the couper by the insufficiencie of the tree or packinge or any other meanes in the couperes faulte, and that they keepe right jedge both in the lenth of the staves, the bilge girthe, the wydnes of the heid and deepnes of the chine, the barrell being made, marked and thrice gene in the packinge shall be marked with the marking yrone wnder a verie particulare merchandis marke as wse is. And that no burghe nor any other tradeing with salmond shall presume to counterfite the marke or birne of Aberdene, wnder the pane of consifcatione of the sallmond, by and attour the punishment of the pairties counterfiteres at the pleasoure of the judge ordinar, the one halfe of the said paine to perteene to his majestie and the other halfe to the burghe so wronged; and ordeanes the magistrates within burghe to put this act to executione.
[1641/8/211]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that his majesties exsyses of all herringis slaine within the Redhead and St. Tobes Heade is a thousand herringis foorth of ilke boate, ilke drave that holdes, and finding the collecting of these herring to be verie hard and difficile, have thought expedient to modifie the pryce of these herringis and convert the samene thowsand herringis into money. And therfore, our said soverane lord, with the advyse of the estates, modifies and convertes the pryce of the said one thousand herringis payable for assyse to the soume of sex pundis money of this realme, and declaires that to be the constant pryce therof in tymecomeing without respect of deare or cheape herringis. And because the fisheries residentes in the east sease and who duell within the saidis boundis on the north and southsyde of Foorthe and Tay, by west the Ridhead and St Tobbs Head, in respect of the great hazard and danger they are in in ventering to the North Yles with ther shipes and barkes, wherin they transport tuo boates or yolles as pendicles of the saides shipes and barkes and vehicles for there use and the bettir accommodating of ther voyage, wer in wse to pay only the soume of fyve pund in satisfactione of the assyse herringis, ilke take that holdis, for everie shipe or barke, without haveing respect to shipe, boates or yolles which are onlie pendicles and vehicles of the saidis shipes or barkes, therfore his majestie, with advyse of the saidis estates, being certainlie persuadit that it is wnpossible to the saidis fisheres to accompleishe ther voyages wnles they have tuo shipe, boates or yolles caried in the saides shipes or barkes as pendicles and vehicles therto, declaires that the saidis fisheres are and shall only be lyable in payment of the said soume of sex pundis in full satisfactione of the assyse in the North Yles for ilke shipe or barke, ilke take that holdes, not haveing regaird of the saidis shippes, boates or yolles, ther being bot tuo boates to ilke shipe at the farthest which they doe heerby liberat and exeeme from all payment of any duetie; and dischairges all our soverane lordis leiges exacting or wplifting any other assyse from the saidis fisheres nor the particular dueties abovespecified, and ordeanes the collectores thairof to wplifte the same legally after ilke drave and to disist from troubling the fisheres dureing the tyme therof.
[1641/8/212]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, wnderstanding that there is diverse stronge wateres brought into this kingdome from forrane places which might be more convenientlie made within the kingdome to the benefite of the natives therof, therfore his majestie, with consent of the saidis estates, dischairges all inbringing of aquavitie or stronge wateres within this kingdome wnder the paine of escheat therof.
[1641/8/213]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, for removeing all doubtes and questiones that may aryse anent the superiorities of these landis, mylnes, fishingis, heritable offices and otheres which held of the late pretendit beshopes or of ther chapteres, by reassone of the abolishing of beshopes and chapteres foirsaid forth of this kirke and kingdome, and to the effect the subjectes and vasselles of these holdingis may bee pute in assurance heireftir heiranent, have statute and ordeened and declaired, and by thir presentes statutes, ordeanes and declaires, that all these superiorities which formerlie perteened to the saidis pretendit beshopes and ther chapteres now abolished as said is doe now perteene and belonge, and shall heireftir perteene to our soverane lord and his heighnes successoures in all tymecomeing; and that the vasselles of these landis, mylnes, woodis, fishingis, heritable offices and otheres which formerlie held of the samene beshopes and ther chapteres doe now, and shall in tymecomeing, hold the same of our soverane lord, the king's majestie, and his successoures in the same forme and maner of holding as they formerlie held of the saidis beshopes and ther chapteres, conforme to the saidis vasselles, ther infeftmentes and rightes made and perteaneing to them, which are heirby declaired to be wnprejudged by the abolishing of the saidis beshopes and ther chapteres, ther former superioures. And sicklyke our said soverane lord and estates of parliament declaire that all these services of aires to ther defunct predecessoures to any of the landis and otheres holden of the saidis beshops (since the excommunicatione of beshops), wherby these haires are served to the saidis landis to be holden of the kingis majestie, to be vallied and laufull services led and done, and ordeanes all such services as are to be led and deduced heireftir for serveing of the heires of the vasselles of the landis and otheres foirsaidis, as heires in the samene landis to be served aires therintill to be holdine of the kingis majestie and his successoures foirsaidis as ther superioures of the samene landis and otheres abovementionat in all tymecomeing, with this provisione: that the few dueties of these landis holdine of the chapteres now reteined in titulo shall perteene and be payed them dureing the present titulares lyfetymes. And it is declaired that this present act shall not be prejudiciall to the infeftmentes granted by his majestie to the Duike of Lennoke of the superioritie of the whole landis and barronies which perteined to the temporality of the archbeshoprike of Glasgow, but that the said infeftment shall stand vallied in the selfe and the vassells to hold ther landis of the said Duike of Lennox and his successoures as ther superioures therof in tymecomeing. And also declaires thir presentes, nether act nor reservatione foirsaid, shall not be extendit to the deanrie or subdeanrie of Glasgow, nor nothing holdine of the deane or subdeane, as also bot prejudice to the Erle of Lauderdaill of his infeftment of Stobo and Ettilstoune which is nowayes prejudged by this acte nor reservatione foirsaid, provyding that this provisione shall not better nor strengthen the Erle of Lauderdailles righte and infeftment foirsaid, bot the samine to be in the samene conditione as befor the dait of thir presentes.
[1641/8/214]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament, considering the great hurt susteened by his majesties leiges by the fraudulent dealing of pewthereres in mixing the fyner sort of tinne brought from England, France, Flanders and others pairtes beyond sea with baiser and courser mettell of tinne and lead, and ther exacting greater pryces betuixt the new cassine by them and the old which they receive from the leiges; for remeed wherof, it is statute and ordeaned that the peutherer or founder of tin shall put the marke of the thirstle and his owne name wpoun everie peace of worke that he happenes to cast, and that the same shall be of the fynneste of the peuter marked with the rose in England; and incaise the same be wnder the fynnesse of the said peuder of England, that the same shall be confiscate and be punished in his persone at the descretione of the magistrates of the burghe wher hee dwelles, and to that effect that there bee a visitor appoynted by the magistrates for trying of the samene, as lykewayes that he shall take betuixt the old pund of old tinne and peuder marked with the rose foirsaid which he receives from the leiges and the pund of new cassine by him, eighteene pennyes allenerly wnder the paine foirsaid.
[1641/8/215]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering how necessary and expedient it is that in everie parliament to be holdine within this kingdome there be a president of parliament choosine be his majestie or his commissioner and estates of parliament to praeceed in all materes to be agitated in parliament, therfore his majestie, with advyse and consent foirsaid, statutes and ordeanes that in all succeeding parliamentes, after taking of the oath of parliament by all the memberes therof, they shall make choyse of the lord chancellour or any other the king or his commissioner and the estates shall appoynt to be president of parliament, who shall remaine and continue president asweell in that parliament wherin he is choysen as in the nixt parliament subsequent wntill the said oath be takine and ane other choosene to be president in his roome.
[1641/8/216]*[print] [email] [cite] [preceding] [following]
The quhilk day the act givine in in parliament anent the taking order with rebells and other laules and brokine men being moved to the kingis majestie and estates of parliament, his majestie and estates foirsaidis remittes the samene and consideratione therof and to take course therintill to the lordis of secreet counsell.
[1641/8/217]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the three estates of parliament, statutes and ordeanes that all cocquettis to be givine foorth within the regality of Sanct Androwes, now holden of the kingis majestie throw the abolisione of beshopes, be directed and granted be Johne, lord Lindesay, and his deputs, cocquetes keeperes within the regality foirsaid, in all tymecomeing in the kinges majesties name, wheras the samene ware before directed in name of the archbeshop of Saintandrowes.
[1641/8/218]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of this present parliament ratifies the ellevinth act of the eighteene parliament of King James 6 of woorthie memorie, made anent coallhewares and salteres, with this additione: that becaus watermene who leves and draves water in the coallheughe head in this kingdome and gaitesmen who worke the wayes and passages in the saidis heughes ar als necessar to the owneres and maisteres of the said coaleheuches as the coallhewers and beireres, it is therfore statute and ordeaned that no persone shall hyre ore seduce any watermen and windsmen and gaitsmen without a testimoniell of the maister whom they serve, wnder the paines conteyned in the former actes in all poyntes. And becaus it is fund by experience that the giveing of great fees heathe beene a meane and way to seduce and bring coallhewares from ther maisteres, it is therfor statute and ordeaned that it shall not be laufall to any coallemaisteres in this kingdome to give any greater fee nor the soume of tuentie merkes in fee or bounteth wnder any cullour or pretext. And because the saidis coallheweres and salteres and otheres workemene in coalheuches within this kingdome doe ly from ther worke at Pasch, Yule, Whitsonday and certane other tymes in the yeer, which tymes they imploy in drinking and deboishrie to the great offence of God and prejudice of ther maister, it is therfore statute and ordeaned that the saidis coallheweres and salteres and otheres workemen of coalheuches in this kingdome worke all the sex dayes of the weeke wnder the paines falloweing, that is to say: that everie coallhewer or salter who lyes ydle shall pay tuentie shillingis for everie day, by and attour the prejudice susteened by ther maister and other punishment of ther bodies.
[1641/8/219]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, wnderstanding that when any theefes were takene and executed for thefte or declaired fugitives for not entring and wnderlying the law, therfore there whole escheat fell to the kingis majestie and the goodes stolne perteeneing to the persewer of the saidis thives, and so the said pairtie wronged was prejudged of his owne geir. Therfore and for remeed wherof, our said soverane lord and estates of parliament statutes and ordeanes that any persone haveing any goodis or geir stolne from them, and haveing persued the steiller therof, shall have ther owne goodes agane where evere the same goodes can be apprehendit altho the theeffe, steiller therof, suffer; and wher the saidis stolne goodes cannot be had, ordeanes the persueres of the said theefe to have the just value, pryce and availl of the goodes and geir stollen from him out of the reddiest of the theeves goodis, togidder with the expenss they shall waire in the said persut, the persueres allwayes persewing the theeffe wsque ad sententiam, reserveing to the taker and shereffe the expences bestowed by them in the takeing and executione of the theeffe.
[1641/8/220]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates presentlie conveened, considering the manifold prejudices and trouble arysinge to diverse of his majesties leiges in persueing of materes of small importance by the too frequent granting of advocationes from inferiour judges, therfor our said soverane lord, with advyse and consent of the saids estates, dischairges the lordis of sessione from giveing and granting lettires of advocatione of any actiones intendit or to be intendit before whatsoevir inferiour judicatories which may competentlie by the lawes of the kingdome be decydit by the saidis inferiour judges befor whom the said actione is or shall be intendit, for soumes of money within ane hundreth pundis or for any other causs wherunto by the lawes of the kingdome the saidis inferiour judges ar appoynted judges.