[1587/7/160]*[print] [email] [cite] [preceding] [following]
c. ult.†
†Forasmuch as in our sovereign lord's late parliament held at Edinburgh on 19 July 1587, his highness and his three estates convened therein, moved by the general complaint of all his loving and good subjects, but specially the good farmers and labourers of the ground, gave, granted and committed full power and commission of parliament to his trusty and well beloved councillor and others after-specified: they are to say, Master David MacGill of Nisbet [and Cranstoun-Riddel], his highness's advocate, Master David Carnegie of Colluthie, Robert Fairlie of Braid, Sir Archibald Napier of Edinbellie, knight, general of his highness's coin-house, John Arnott [of Birswick], commissioner of Edinburgh, William Fleming, commissioner of Perth, Robert Forrester [of Boquhan], provost and commissioner of Stirling, Hugh Campbell [of Loudoun], provost and commissioner of Irvine, or any seven, six or five of them jointly, the said lord advocate being one, to convene in his lodging within the burgh of Edinburgh as often as they shall think expedient between now and 31 August bygone, and there after sight and consideration of the laws and acts of parliament made concerning mets, measures and weights in time past, and grounds wherein they have proceeded, having regard to equity and indifference, to set, make and establish a met, measure and weight to be common and universal amongst all our sovereign lord's lieges to buy, sell, receive and give out, and to present the same to his highness and his privy council between now and 26 May 1588, that the same might be notified to all our sovereign lord's lieges with all convenient speed and diligence thereafter, as the said commissioners would answer to his highness upon their obedience, ordaining letters to be directed to charge and compel hereto, if need be, in the appropriate form, likewise at more length is contained in the said commission given by act of parliament in manner aforesaid. According to the which, a sufficient number of the said commissioners convening and having seen and considered the said laws and acts of parliament made concerning mets, measures and weights in time past and grounds whereon they have proceeded, having regard to equity and indifference, have set, made and established a met, measure and weight to be common and universal amongst all our sovereign lord's lieges to buy, sell, receive and give up, and thereupon have delivered the report and conclusion, subscribed with their hands, bearing in effect that they have reviewed and read and considered the said laws and acts of parliament made concerning mets, measures and weights in time past, the perfect grounds whereon they have proceeded: that is to say, the ell-measure, the pound trois and the stone proportionate and appropriate thereto, the boll, met, firlot and peck, the pint, quart and gallon, every one in their own degree and proportion; and have found that most wisely the proportions and grounds of all these weights, mets and measures have been so established of old that every one of them comptrols others and by just conference makes and establishes a certain measure and weight, and therefore have thought most expedient that the same proportion and comptrolment be observed in all time coming. And first, has found the ell and stand thereof committed to Edinburgh containing thirty-seven inches, the stone containing sixteen pound trois, each trois pound containing sixteen ounces, the pint of Stirling containing two pounds and nine ounces trois weight of clear water, all the premises to observe one just proportion according to the laws and acts of parliament; and as to the firlot, whereof there has been mention made in the act of King James II to have been of eighteen pints, having tried and comptrolled the same in deepness and breadth by the ell-measure and in quantity and weight by the said stoup of Stirling, have found the same less in proportion than it ought to be, being comptrolled by the rest of the weights and measures above-written, and this as appears nearest by error of the printer by reason that by just calculation, trial and comptrolment the same extends to nineteen pints and a jowcat†; and for eschewing of fraud, has thought expedient that all victual in time coming shall by measured by strake†; and by reason that malt, barley and oats have been used to be measured by heap, has found by examination and trial that the heap in proportion is the just third of the firlot or peck, therefore remitted to the king's majesty and lords of secret council whether they thought it most expedient to cause make a particular measure for meting malt, barley and oats by strake, or that one measure should stand universally to receive and deliver three for two or six for four of malt, barley and oats according to the proportion of victual and stuff used in times past, to be met by strake such as wheat, rye, beans, peas, meal and wheat salt sold in the markets or in the country, except the water met to remain according to the use of the country. Likewise the said commissioners have thought expedient that there be double standards of all the aforesaid weights, mets and measures made of brass, the one of every one of them to remain in the register and the other with the towns to whom they have been committed of old, to be directed out to the whole lieges to be used universally, and this without prejudice to any persons who are founded, infeft or indebted by tack or contract of old or new forms of other measures, but that their foundation, infeftment, tack or contract shall stand in effect and the measure of their foundation, infeftment, tack or contract shall be proportionate to the measure now to be established by his majesty, his parliament and council, so that the same quantity shall remain with the giver and the receiver, without prejudice of any of them, as the said report exhibited to the lords of secret council at more length purports. Which being seen, considered and allowed by them, they therefore, according to the power and authority of the said parliament, made report of the said commissioners, have decreed and ordained and, by this act, decree and ordain the firlot to be augmented and the standard thereof to be of the form after-specified and to contain nineteen pints and two jowcats, and this to be the measure of all victual and stuff used in times past to be sold by strake, such as wheat, rye, peas, beans, meal and wheat salt sold in markets or in the country, the width and breadth of the which firlot under and above even over within the boards shall contain eighteen inches and six parts of an inch, the deepness, seven inches and a half inch, and the peck to be made appropriate thereto; and that the steps of the said firlot be of the old proportions in thickness, of both the boards, one inch and a half, that the bottom thereof be crossed with iron nailed to the same and to the ring of the firlot and the edge of the bottom entering within the laggyne† be paired outward toward the nether side, and to be made within plain and just rule right, that the mouth be ringed about with a circle of girth of iron, within and outwith, having a cross iron bar passing over from the one side to the other, three squared one edge down and a plain side up, which shall go rule right with the edge of the firlot and every square shall be a just inch of breadth, and that there be a prick of iron one inch in roundness, with a shoulder under and above, rising upright out of the centre or middle of the bottom of the firlot and passing through the middle of said over crossbar roofed both under and above, and that the cooper cause the right strake of the said firlot pass from the one end of the said over iron bar to the other. And by reason that malt, barley and oats have been used to be measured by heap, and for eschewing of fraud, think expedient and ordain that all victuals shall be measured by the strake in time coming, seeing by just trial and examination the heap in proportion is found the third of the firlot or peck, and that the aforesaid measure of the firlot and peck stand universally, receiving and delivering three for two or six for four of malt, barley and oats according to the proportion above-written, except the water met to remain according to the use of the country; and that there be double standards of the firlot made of brass by the burgh of Linlithgow, and of the aforesaid other mets and weights by the other burghs to whom they have been committed of old, and one of every one of them to remain in the register and the other with the said burghs, and the just measure and quantity of the same to be directed out by the said burghs to the whole lieges of this realm, to be used universally in manner and form before rehearsed. And that the aforesaid weights, mets and measures with the which all and whatsoever persons shall be held to buy, sell, met, measure, weigh, receive and deliver have course only within this realm after 26 May 1588, and no other weights, mets, measures, under the pains contained in the acts of parliament made thereupon in [Mary], his late dearest mother's days. And that all firlots to be used in markets, both to burgh and land, be burnt and sealed with the burning iron of the head burgh of the shire where the said markets are held, and that all provosts and bailies of burghs and cities, both of regality and royalty, and also the bailies of burghs in barony and others, whatsoever places where markets of victual are held, shall be bound that all measures to be used shall be of one form and quantity according to this present act; and if any different measures be found in any of the places above-written, the said provosts and bailies of royalty and regalities and baronies to be accusable for that, according to the said acts and laws made by his highness's dearest mother of before, providing always if any persons be found or infeft or indebted to tack or contract of old or new ferms of other measures than are above-written, their foundation, infeftment, tack or contract, whether it be more or less, shall be proportionate to this measure that now is, so that the same quantity shall remain with the giver and receiver without prejudice of any of them. And ordains [Alexander Hay of Easter Kennet], clerk register, to insert this present act in the books of parliament, to remain perpetually, and that letters be directed for publication of the premises by open proclamation at the market crosses of the head burghs of this realm and other places needful, that none pretend ignorance of the same, commanding and charging all and sundry the said provosts and bailies of burghs and cities, both of regality and royalty, and also the bailies of burghs in barony and others, whatsoever places where markets of victual are held, to put into execution this present act and every part thereof so far as concerns them, so that the same may take full effect after the said 26 May 1588, after the form and tenor of the said acts of parliament and under the pains above-written contained therein, with certification to them if fail, they shall be called, accused and the pains of the said acts shall be executed upon them with all rigour, in example of others.†