[1641/8/210]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and [estates presently]† assembled, understanding that the salmon fishings are one of the principal benefits whereby trade is maintained and money brought in the kingdom, and that through the evil ordering thereof, both in the insufficiency of the barrels and also in the disloyal packing of the same, not only is the merchant estate damnified thereby, but also the nation is dishonoured abroad and disappointed of what should return thereby, therefore our said sovereign lord, with advice and consent of the said estates, ordains an act to be made ratifying and approving all and sundry acts of parliament, laws and constitutions of this realm made regarding salmon fishing and the sufficiency of the barrels and loyal packing thereof, with this addition: that the whole coopers within this kingdom make the said salmon barrels of good and sufficient new knappel, wherefore he shall be answerable, without worm bolls, and white wood of sufficient tightness for containing the pickle and sufficient tightness for enduring all kind of stress in the handling, and that the barrels contain no less than ten gallons of the Stirling pint, according to an act of his majesty's council of the date at Holyroodhouse, 15 July 1619, which his majesty, with consent foresaid, ratifies and approves in all the heads, clauses and articles thereof, to be ratified in this present parliament under the pain of £5 to be paid by the cooper for each insufficient barrel and escheat of the same barrel; and that the same be well shrunk in the pickle before the packing thereof; and thereafter the said barrels to be well tightened and double girthed before the transporting thereof to foreign nations, and that no barrel be sooner made and blown but that the cooper's burn be set thereon on the stopper thereof in testimony of the sufficiency of the tree; and that every cooper be answerable and liable in payment of such losses as happen to be laid on the fish at the market if it be found to be in the default of the cooper by the insufficiency of the tree or packing or any other means in the cooper's fault, and that they keep right measure both in the length of the staves, the bilge girth, the wideness of the head and deepness of the chine, the barrel being made, marked and wrapped three times shall be marked with the marking iron under a very particular merchant's mark as use is. And that no burgh nor any other trading with salmon shall presume to counterfeit the mark or burn of Aberdeen, under the pain of confiscation of the salmon, in addition to the punishment of the counterfeiters at the pleasure of the judge ordinary, the one half of the said pain to pertain to his majesty and the other half to the burgh so wronged; and ordain the magistrates within burgh to put this act to execution.
[1641/8/211]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that his majesty's excise of all herrings slain within the Red Head and St Abb's Head is 1,000 herrings out of each boat, each haul that holds, and finding the collecting of these herring to be very hard and difficult, have thought expedient to modify the price of these herrings and convert the same 1,000 herrings into money. And therefore, our said sovereign lord, with the advice of the estates, modifies and converts the price of the said 1,000 herrings payable for assize to the sum of £6 money of this realm, and declares that to be the constant price thereof in time coming without respect of dear or cheap herrings. And because the fisheries resident in the east seas and who dwell within the said bounds on the north and south side of Forth and Tay, to the west of the Red Head and St Abb's Head, in respect of the great hazard and danger they are in in venturing to the North Isles with their ships and barks, wherein they transport two boats or yoles† as pendicles of the said ships and barks and vehicles for their use and the better accommodating of their voyage, were in use to pay only the sum of £5 in satisfaction of the assize herrings, each take that holds, for every ship or bark, without having respect to ships, boats or yoles which are only pendicles and vehicles of the said ships or barks, therefore his majesty, with advice of the said estates, being certainly persuaded that it is impossible to the said fishers to accomplish their voyages unless they have two ships, boats or yoles carried in the said ships or barks as pendicles and vehicles thereto, declares that the said fishers are and shall only be liable in payment of the said sum of £6 in full satisfaction of the assize in the North Isles for each ship or bark, each take that holds, not having regard of the said ships, boats or yoles, there being but two boats to each ship at the farthest which they do hereby liberate and exempt from all payment of any duty; and discharges all our sovereign lord's lieges exacting or uplifting any other assize from the said fishers than the particular duties above-specified, and ordains the collectors thereof to uplift the same legally after each haul and to desist from troubling the fishers during the time thereof.
[1641/8/212]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that there is diverse strong waters brought into this kingdom from foreign places which might be more conveniently made within the kingdom to the benefit of the natives thereof, therefore his majesty, with consent of the said estates, discharges all bringing in of aqua vitae or strong waters within this kingdom under the pain of escheat thereof.
[1641/8/213]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, for removing all doubts and questions that may arise regarding the superiorities of these lands, mills, fishings, heritable offices and others which were held of the late pretended bishops or of their chapters, by reason of the abolishing of bishops and chapters foresaid out of this kirk and kingdom, and to the effect the subjects and vassals of these holdings may be put in assurance hereafter thereupon, have statute and ordained and declared, and by this act statute, ordain and declare, that all these superiorities which formerly pertained to the said pretended bishops and their chapters now abolished as said is do now pertain and belong, and shall hereafter pertain to our sovereign lord and his highness's successors in all time coming; and that the vassals of these lands, mills, woods, fishings, heritable offices and others which were formerly held of the same bishops and their chapters do now, and shall in time coming, hold the same of our sovereign lord, the king's majesty, and his successors in the same form and manner of holding as they formerly held of the said bishops and their chapters, according to the said vassals, their infeftments and rights made and pertaining to them, which are hereby declared to be unprejudiced by the abolishing of the said bishops and their chapters, their former superiors. And also our said sovereign lord and estates of parliament declare that all those services of heirs to their deceased predecessors to any of the lands and others held of the said bishops (since the excommunication of bishops), whereby those heirs are served to the said lands to be held of the king's majesty, to be valid and lawful services led and done, and ordain all such services as are to be led and deduced hereafter for serving of the heirs of the vassals of the lands and others foresaid, as heirs in the same lands to be served heirs therein to be held of the king's majesty and his successors foresaid as their superiors of the same lands and others above-mentioned in all time coming, with this provision: that the feu duties of these lands held of the chapters now retained in title shall pertain and be paid them during the present titular's lifetimes. And it is declared that this present act shall not be prejudicial to the infeftments granted by his majesty to [James Stewart], duke of Lennox of the superiority of the whole lands and baronies which pertained to the temporality of the archbishopric of Glasgow, but that the said infeftment shall stand valid in the self and the vassals to hold their lands of the said Duke of Lennox and his successors as their superiors thereof in time coming. And also declares this legislation, neither act nor reservation foresaid, shall not be extended to the deanery or sub-deanery of Glasgow, nor nothing held of the dean or subdean, as also without prejudice to [John Maitland], earl of Lauderdale of his infeftment of Stobo and Eddleston which is in no way prejudiced by this act nor reservation foresaid, providing that this provision shall not better nor strengthen the Earl of Lauderdale's right and infeftment foresaid, but the same to be in the same condition as before the date of this act.
[1641/8/214]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the great hurt sustained by his majesty's lieges by the fraudulent dealing of pewterers in mixing the finer sort of tin brought from England, France, Flanders and other parts beyond sea with baser and courser metal of tin and lead, and their exacting greater prices between the new cast by them and the old which they receive from the lieges; for remedy whereof, it is statute and ordained that the pewterer or founder of tin shall put the mark of the thistle and his own name upon every piece of work that he happens to cast, and that the same shall be of the finest of the pewter marked with the rose in England; and in case the same be under the fineness of the said pewter of England, that the same shall be confiscated and be punished in his person at the discretion of the magistrates of the burgh where he dwells, and to that effect that there be a visitor appointed by the magistrates for trying of the same, as likewise that he shall take between the old pound of old tin and pewter marked with the rose foresaid which he receives from the lieges and the pound of new cast by him, 18d only under the pain foresaid.
[1641/8/215]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering how necessary and expedient it is that in every parliament to be held within this kingdom there be a president of parliament chosen by his majesty or his commissioner and estates of parliament to preside in all matters to be discussed in parliament, therefore his majesty, with advice and consent foresaid, statutes and ordains that in all succeeding parliaments, after taking of the oath of parliament by all the members thereof, they shall make choice of the lord chancellor or any other the king or his commissioner and the estates shall appoint to be president of parliament, who shall remain and continue president as well in that parliament wherein he is chosen as in the next parliament subsequent until the said oath be taken and another chosen to be president in his place.
[1641/8/216]*[print] [email] [cite] [preceding] [following]
The which day the act given in in parliament regarding the taking order with rebels and other lawless and broken men being moved to the king's majesty and estates of parliament, his majesty and estates foresaid remit the same and consideration thereof and to take course therein to the lords of secret council.
[1641/8/217]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, statutes and ordains that all cockets to be given forth within the regality of St Andrews, now held of the king's majesty through the abolition of bishops, be directed and granted by John [Lindsay], lord Lindsay†, and his deputes, cocket keepers within the regality foresaid, in all time coming in the king's majesty's name, whereas the same were before directed in name of the archbishop of St Andrews.
[1641/8/218]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify the 11th act of the 18th parliament of King James VI of worthy memory, made regarding coal miners and salters, with this addition: that because watermen who bale and draw water in the coal mine head in this kingdom and gatemen who work the ways and passages in the said mines are as necessary to the owners and masters of the said coal mines as the coal miners and bearers, it is therefore statute and ordained that no person shall hire or seduce any watermen and windsmen and gatemen without a testimonial of the master whom they serve, under the pains contained in the former acts in all points. And because it is found by experience that the giving of great fees has been a method and way to seduce and bring coal miners from their masters, it is therefore statute and ordained that it shall not be lawful to any coal masters in this kingdom to give any greater fee than the sum of 20 merks in fee or reward under any colour or pretext. And because the said coal miners and salters and other workmen in coal mines within this kingdom do lie from their work at Easter, Yule, Whitsunday [May/June] and certain other times in the year, which times they employ in drinking and debauchery to the great offence of God and prejudice of their master, it is therefore statute and ordained that the said coal miners and salters and other workmen of coal mines in this kingdom work all the six days of the week under the pains following, that is to say: that every coal miner or salter who lies idle shall pay 20s for every day, in addition to the prejudice sustained by their master and other punishment of their bodies.
[1641/8/219]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that when any thieves were taken and executed for theft or declared fugitives for not entering and underlying the law, therefore their whole escheat fell to the king's majesty and the goods stolen pertaining to the pursuer of the said thieves, and so the said party wronged was prejudiced of his own gear. Therefore and for remedy whereof, our said sovereign lord and estates of parliament statute and ordain that any person having any goods or gear stolen from them, and having pursued the stealer thereof, shall have their own goods again wherever the same goods can be apprehended although the thief, stealer thereof, suffer; and where the said stolen goods cannot be had, ordain the pursuers of the said thief to have the just value, price and worth of the goods and gear stolen from him out of the readiest of the thief's goods, together with the expense they shall disburse in the said pursuit, the pursuers always pursuing the thief as far as sentence, reserving to the taker and sheriff the expenses bestowed by them in the taking and execution of the thief.
[1641/8/220]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, considering the manifold prejudices and trouble arising to diverse of his majesty's lieges in pursuing of matters of small importance by the too frequent granting of advocations from inferior judges, therefore our said sovereign lord, with advice and consent of the said estates, discharge the lords of session from giving and granting letters of advocation of any actions intended or to be intended before whatsoever inferior judicatories which may competently by the laws of the kingdom be decided by the said inferior judges before whom the said action is or shall be intended, for sums of money within £100 or for any other causes to which by the laws of the kingdom the said inferior judges are appointed judges.