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[19 February 1618]

Legislation
The act anent the setling of measures and weights, concluded at Edinburgh the 19 day of Februar 1618 yeeres by the commissioners having power to doe the same by act of parliament made the tuentie eight day of June 1617

Forsomuch as in our soverane lords laite parliament holden at Edinburgh, the xxviij day of June last bypast, his highnes and estates conveined therein, mooved by the generall complaint of all his loving subjects and in respect of their sensible prejudice seene and felt through many parts of this kingdome by reason of the diversitie of measures and weghts used within the same, therefore our said soveraine lord, with advise of his saids estates, for removing of all abuses which may ensue in any tyme to come, thereby hath found expedient and, by decreet and statute of the said parliament, decerned, statut and ordeined that there shall bee but one just measure and weght through all the partes of this kingdome which shall universallie serve all his highnes leiges, by the which they shall buy, sell, receive and give out in all tyme to come; which measure his majestie, with advise foresaid, fand should be that measure of Linlithgo which is now commonlie used and which hath beine used most customablie through the greatest part of this kingdome these fiftie or thriescore yeeres bypast. And for setling of a perfyte order whereby all the measures that are now used may be reduced to the conformitie of the said measure now authorized, and for making of proportioun answerable betwix the lesser measurs and weghts and the greatest, his majestie, with advise foresaid, granted full power and commission to Schir James Weemes of Bogie, knight, Schir George Auchinlek of Balmanno, knight, Schir James Fowles of Colingtoun, knight, Schir Robert Stewart of Shillinglaw, knight, Schir Jhone Waws of Barnbarro, knight, Schir William Greirson of Lag, knight, and to James Nisbet, bailyie and burges of Edinburgh, Maister Alexander Wedderburne, clerk of Dondie, Schir Thomas Menzeis, provest of Aberdeine, James Hamilton, provest of Glasgow, John Oisburne, burges of Aire, and Schir George Bruce of Carnok, knight, burges of Culros, whome (or any eight of them) his majestie, with advyse foresaid, ordeined to meet and conveine together at such tyme and place as they should think expedient, and to consult and advyse together and to appoint and determine upon the most convenient meanes how the saidis measures and weghts might bee reduced to the conformitie foresaid, as in the said laite act of parliament at more length is conteined. Which whole commissioners foresaids, having mett and conveined within the burgh of Edinburgh upon the twentie ane day of Januar last by past, and the most part of them upon divers and sundry otheris dayes thereafter in the said moneth of Januar and Februar instant, and having read and considered the foresaid act of parliament anent the saidis measures and weghts, and finding that it is ordeined that their shall be onlie ane just measure and weght through all the parts of this realme which shall universallie serve all his majesties leigis, by the which and no other they shall buy and sell in all tyme comming, and that it is declared by the said act that the foresaid measure and firlot of Linlithgo, which is now commonlie used and which hath bene most customablie used through the greatest part of this kingdome these fiftie or thriescore yeeres bygone, shalbe the foresaid just measur and firlot which shall be received and used by all his majesties lieges in all tyme coming, and that commission is given bee vertue of the said act to the saids commissioners for settling of a perfect order whereby all the saids measures that are now used may be reduced to the conformitie of the said measure of Linlithgo, and for making of a proportion betwixt the lesser measures and weghts and the greatest, have first thoght it meit and expedient that the provest and baillyes of Linlithgo, who are keepers of the said measure, should produce before them the said measure which hath bene given owt be them to the burrows and all others his majesties leiges these fiftie or thriescore yeeres bygone, with their jedges and warrands which they have for the same; who, being cited for that effect, produced before the saids commissioners their said measure and firlot with the jedge which is their warrand thereof, and the same measure and firlot being fund agreable with the said jedge, the saids commissioners caused presentlie fill the same with water, which, being full, they fand that the same conteined twentie ane pincts and ane mutchkin of just sterline jug and measure, and that the foresaid jug containes within the same thrie punds and seaven unces of Frensh troys weght of clear running water of the water of Leith. And because the saids commissioners could find out no other meane whereby they might trye the warrand of the quantitie of the said measure and firlot of Linlithgo which hath bene in use these fiftie or thriescore yeeres bygone but be taking of the oaths of the saids provest and baillyes thereanent, they tooke the oathes of Andro Milne, provest of the said burgh of Linlithgo, Andro Bell and James Glen, baillyes thereof, who being with all requisite solemnitie sworne, deponed upon their consciences that the foresaid firlot and measure produced by them was the verie true and just measure which hath bene given owt to his majesties leigis by them and their predicessors these fiftie or thriescore yeeres bygone, and that the same by their knowledge hath never been altered in any sort dureing the tyme foresaid; and siklike declared upon their consciences that so far as they could trye by the most ancient and aged persons of their burgh that the foresaids jedges are of great antiquitie and have never bene altered or changed in any tyme bygone, and that they never had nor hes any other measure or jedge to their knowledge. Which firlot the saids commissioners have fund and declared, statute and ordeined to be the just and onlie firlot which shall be received and used by all his majesties lieges in all tyme comming for metting of wheat, rye, beines, peas, meal, whyt salt and such other stuff and victuall as before this tyme hath beine in use to bee measured by straik mett whithin this kingdome, the wydnes and breadnes of the which firlot under and above, even over within the buirds, shall contein nyneteen inches and sext parte inche, and the deipnes, seaven inches and ane thrid part of ane inch; and the peck, halfe peck and fourt part peck to bee made effeirand thereto; and the steppes of the said firlot to be in thiknes one inche at the least, that the bottome thereof bee crossed with iron nayled to the same and to the ring of the firlot and the edge of the bottome entring within the lagene bee pared outwith towards the nethersyde, and to be made inwith plaine and just reulright; that the mouth bee ringed about with ane croce or girth of iron inwith and outwith, haveing a croce iron barre passing over from the one syde to the other, thrie squared and edge doun and a plaine syde up, which shall goe reulright with the edge of the firlot, and everie square shall be ane just inche of breadth; and that their be ane prick of iron one inche in roundnes with ane shoulder under and above and rysing upright out of the centre or midst of the bottome of the firlot and passing through the midst of the said over crocebarre, rooved both under and above; and that the said cowpar cause the ringstraik of the said firlot passe from the one end of the said over iron barre to the other, and the same to bee brunt and sealled with the mark of foure crownes upon both the sydes of the bottome, with fyve impressions of the letter 'L' upon the lippes thereof. And for eschuing of fraud in all tyme comming, the saids commissioners, all in one voice but discrepance or variance, have thought expedient, statute and ordeined by vertue of the foresaid commission granted to them by the said laite act of parliament that all victuall and stuff shall bee measured by straik through all the parts of this kingdome in all tyme comming; and by reason that mault, beare and aites have ever beene used to bee measured by heape, and that by the meaning of severall preceiding acts of parliament it hath beine thought that heapes in proportion was the just thrid of the firlot and peck, so that thrie straiked firlots for two heaped firlots, sex straiked firlots for foure heaped firlots, was thought to bee a just proportion, the one agreable to the other; and the saids commissioners by tryall and examination having found that the heape in proportion is not the just thrid part of the firlot and peck, but that there is a great difference therein, and no small prejudice both to the giver and receiver of thrie straiked firlots or pecks for two heaped firlots or pecks, and consequentlie of sex for foure, the heape being alwayes the lesse measure as said is, therefore they have found it expedient to cause make ane particular measure or firlot for metting of mault, beare and aites by straike in all tyme comming; which being made and produced in their presence, and after tryall and examination thereof, have found the same in proportioun neirest to the said heape, so that foure streaked measures or firlots thereof conteines in just proportion (and to the lesse prejudice of all his majesties lieges) foure heaped firlots, which the saids commissioners having caused fill with cleare running water of the water of Leith, they find the same to conteine thrittie one pincts of the just sterline jugge and measure, ilk pinct conteining the weght foresaid, and the same to be in wydnes and breadnes equall and conforme to the former firlot, and in deipnes ten inches and ane halfe inche; which they find, statute and ordains to remaine as ane just measure and firlot to bee used for metting and measuring of mault, beare and aittes by straike in all tyme comming; and that the pecks, halfe pecks and fourt part pecks thereof be made conforme in proportione to the same last firlot. Which new firlot in all other respects shall be agreable in forme with the old straike firlot above written, having one iron girth more in the midst thereof outwith, and marked with the impression of the letter 'H' on the outmost syds thereof; and the same, with the foresaid other firlot conteining twentie ane pincts and ane mutchkin, to bee given out by the saidis provest and baillyes of Linlithgow, to whose custodie the same was committed of old, to the burrowes and all others his majesties liegis for that effect betwix the date hereof and the twentie day of Apryle nixttocome. And that four fulles of either of the foresaids firlots conteine and bee repute to bee ane just boll in all tyme cumming allenerlie. Siclyke the saids commissioners, having considered the great prejudice susteined by all our soveraine lords liegis through the diversitie of weghts used within all the parts of this realme, therefore, and conforme to their said commission and act of parliament foresaid and for eschuing of all fraude, have thought expedient, statute and ordeined that there shall bee onely one just weght through all the parts of this kingdome which shall universallie serve all his majesties lieges by the which and no other they shall buy and sell all and whatsomever wares accustomed to be boght and sauld by weght, als weell foraine as cuntrie-wares, in all tyme hereafter, to wit: the Frensh troys stone weght, conteining sexteine troys pounds in the stone and sexteine troys unces in the pound, and the lesser weghts and measures to be made in proportioun conforme therto (and that weght called of old the trone weght to bee allutterlie abolisched and discharged, and never hereafter to be received nor used.) And in respect that the keiping and out-giving of the weghts of old to the burrowes and others his majesties lieges within this kingdome was committed to the burgh of Lanerk, therefore the saids commissioners have committed the keeping and outgiving of the said Frensh troys stone weght now established to the foresaid burgh of Lanerk and their successors, to be given out by them and their saids successors to the burrowes and others his majesties lieges betwix the date hereof and the first day of Maii next to come and in all tyme comming; and lykewayes statuts and ordeins that there bee double standards of the foresaids firlots and measures and jedges thereof and of the foresaids weghts, two of everie one of them to remaine in the register within the castell of Edinburgh, and other two within the castell of Dunbritane, therein to remaine as a warrand for the measures allenerlie, and the other in the townes to whom they have beine committed of old as said is, to be direct foorth to the whole lieges to be used universalie, and this without prejudice to any persons who are founded, infeft or addetted by tak or contract of old or new fermes of others measures and weghts, but that their foundation, infeftment, tack or contract shall bee proportioned to the measure and weght now established, so that the same quantitie shall remaine with the giver and receiver but prejudice to any of them. Sicklyke have found and declared that the elne and stand therof committed to the keiping of the burgh of Edinburgh conteineth thrittie seven inches, and the pinct stowp, committed to the keiping of the burgh of Sterline, conteineth the weght of thrie pounds, seaven unces of Frensh troys weght clears running water of the watter of Leith, which elne and stowp they statut and ordaine to remaine and abyde in the same integritie as they are now, and that no other elne nor stowp of greater or lesse proportion conteining the said weght shall bee received by none of his majesties leiges in any tyme comming to buy or sell with in any part of this kingdome; and the halfe and quarter elnes and halfe quarters and nails, quart, chopin, mutchkin and halfe mutchkine stowps bee made in proportion conforme thereto; and the burghes of Edinburgh and Sterline, to whome the keiping thereof hath beine committed of old, have the outgiving of the same to the rest of the burrous and all others his majesties lieges to that effect betwixt and the first day of Apryle next to come, and that they have dowble standards of the saids elne and stowp, two of everie one of them, to remaine in the register within the castell of Edinburgh and within the castell of Dunbritane for a warrand as said is, and the other with themselfes and their successors to whome they have beine committed of old; and that the foresaids measures, mets and weghts with the which all and whatsomever persons shall bee holden to buy, sell, mett, measure, wegh and deliver have course allenerlie within this realme after the dayes respective after following, viz: the weghts after the first day of May nexttocom, and the measures of firlots and pecks and the rest of that degrie after the first day of June next thereafter, and no other weghts, metts nor measures to bee received nor used in any tyme hereafter in any part of this kingdome under the paines contained in the acts of parliament made thereanent, and that all firlots to be used in markets both to burgh and land be brunt and sealed either with the marks and sealls of Linlithgo in maner foresaid or with the burning iron of the head burgh of the shyre wherein the saids markets are holders, and that the provest and baillyes of royall burrowes and cities, both regalitie and royaltie, and als the baillyes of burrowes in baronnie and justices of peace in whatsomever places where markets of victuall are holden, or others foraine or cuntrie wares shall be boght, sauld and weghed, mett and measured, shall be bound that all measures and weghts to be used shall bee of one forme and quantitie according to this present act. And if any different measures and weghts be found in any of the places above mentioned, the said provest and baillyes of royalties, regalities, baronies and justices of peace shall take order therewith and if need be shalbe holden to informe the kings majesties counsell thereof, that they may take order thereanent as appertaineth; provyding alwayes (as is before provyded) if any persons bee founded or infeft and adetted by tak or contract of old or new ferme of measures and weghts then are before written in maner foresaid, their foundation, tack or contract, whether it be more or lesse, shall be proportioned to this measure and weght which now is established, so that the same quantitie shall remaine with the giver and receiver, but prejudice to any of them in maner particularlie before expressed. And because by the provisions immediatlie before written divers pleyes and questions may aryse betwix parties, receivers and deliverers, maisters and tenents, fewers and their superiors anent fermes and victuall and siclyk anent other stuff and dueties adetted and bound to be payed and delivered by weght, either by infeftments, tacks, foundations, bandes or contracts whatsomever made before the date hereof anent the conforming and proportionating of the measures and weghts conteined in the saids infeftments, tacks, foundations and others securities foresaids with the measures and weghts now established, if sure notice and tryalle not taken of the just measure and quantitie of the measures and weghts which have beine most customablie used and received these fiftie or thriescore yeeres bygone within the shirefdomes underwritten, viz: Lanerk, Wigtoun, Drumfreis, Roxburgh and Bervik, in the which the saids commissioners considering evidentlie the greatest diversitie of measures and weghts from the measures and weghts now established to bee for the most part, so that these fyve shyres, being broght to the conformitie aforesaid, the rest of the shyres within this kingdome may be easilie reduced to the same conforme to this present act, therefore the saids commissioners finds it meet and expedient and by these presents statuts, decernes and ordeins that the shiref of everie one of the foresaids fyve shyres of Lanerk, Wigtoun, Drumfreis, Roxburgh and Bervik, or their deputs, shall warne the baillyes of regalities within the same shyres and steuarts of steuartries thereof, if any bee, justices of peace and magistrates of burrowes, to convein ilk one of them within the heade bourgh of the same shyre wherein they are magistrates within twentie dayes after the counsels pleasure shall be signified to them thereanent, and there not onlie to receive and embrace the saids measurs and weghts from the provest and baillyes of Linlithgo and Lanerk to whome the keiping thereof is concredit in maner foresaid and which are established by this present act, but also to take tryall and cognition of the difference betwix the saids old measures and weghts and the measures and weghts now established; and to appoint, conclude and determine, ilkone of them within their owne bounds, what proportion lesse or more shall bee given and received in tyme comming for conforming of their fermes and deuties adetted by former infeftments, fondations and tacks, contracts, bands and securities to the foresaids measures and weghts now established, and to insert the same in their registers and court books, to remaine with them for decisioun of such controversies as may aryse in those bounds hereafter anent the disconformitie foresaid, and to report their diligence thereanent and conclusion in writte authenticklie subscryved by the saids shirefs of shyres, magistrats of royall burrowes, baillyes of regalities, burghs of baronnies and justices of peace conveining within ilkane of the foresaids shirrefdomes; and to present the same to the lords of his majesties counsell and sessioun before the first day of Julie nexttocome, to the effect the same may bee delyvered to the clerke of register to bee insert in the bookes of counsell ad futuram rei memoriam, and that none of the foresaids fyve shyres nor no others his majesties lieges within this kingdome presume nor tak upon hand in tyme to come to buy, sell, blok, bargane, contract or sett in tack to or with others for receipt or delyverie with any other weght, mett or measure nor the same which now by this present act is approoved and established; and this for report of the commission above written, requyring the lords of our soveraine lords counsell and sessioun that letters may bee direct for publication of the premisses by oppen proclamation at the market croces of the head burrowes of this realme and others places neidfull, that none pretend ignorance of the same; commanding and charging all and sundrie the saids provests and baillyes of burrowes and citties, both of royaltie and regalitie, and also the baillyes of burrowes in baronnies, justices of peace and other whatsomever in places where markets are holden, to put in execution this present act and everie part thereof in so farre as concerneth them, so that the same may take full effect after the dayes respective foresaids. With certification to them and they faillye, they shall be called and accused and the paines conteined in the acts of parliament shall bee execute upon them in all rigour in example of others. In witnessing of the which the saids commissioners have subscryved these presents with their hands, day, yeere and place foresaids; and ordeins these presents to bee delyvered to the clerks of register to the effect hee may cause insert the same in the register of parliament.

  1. NAS, GA12/02, 21-24. Contained in contemporary printed collection of the acts of parliament. Back