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Forasmuch as in our sovereign lord's late parliament held at Edinburgh, 28 June last, his highness and estates convened therein, moved by the general complaint of all his loving subjects and in respect of their sensible prejudice seen and felt through many parts of this kingdom by reason of the diversity of measures and weights used within the same, therefore our said sovereign lord, with advice of his said estates, for removing of all abuses which may ensue in any time to come, thereby has found expedient and, by decreet and statute of the said parliament, decreed, statute and ordained that there shall be but one just measure and weight through all the parts of this kingdom which shall universally serve all his highness's lieges, by the which they shall buy, sell, receive and give out in all time to come; which measure his majesty, with advice foresaid, found should be that measure of Linlithgow which is now commonly used and which has been used most customarily through the greatest part of this kingdom these 50 or 60 years past. And for settling of a perfect order whereby all the measures that are now used may be reduced to the conformity of the said measure now authorised, and for making of proportion answerable between the lesser measures and weights and the greatest, his majesty, with advice foresaid, granted full power and commission to Sir James Wemyss of Bogie, knight, Sir George Auchinleck of Balmanno, knight, Sir James Foulis of Colinton, knight, Sir Robert Stewart of Shillinglaw, knight, Sir John Vans of Barnbarroch, knight, Sir William Grierson of Lag, knight, and to James Nisbet [of Restalrig], bailie and burgess of Edinburgh, Master Alexander Wedderburn [of Kingennie], clerk of Dundee, Sir Thomas Menzies [of Durne], provost of Aberdeen, James Hamilton [of Aikinhead], provost of Glasgow, John Osborne, burgess of Ayr, and Sir George Bruce of Carnock, knight, burgess of Culross, whom (or any eight of them) his majesty, with advice foresaid, ordained to meet and convene together at such time and place as they should think expedient, and to consult and advise together and to appoint and determine upon the most convenient means how the said measures and weights might be reduced to the conformity foresaid, as in the said late act of parliament at more length is contained. Which whole commissioners foresaid, having met and convened within the burgh of Edinburgh upon 21 January last, and the most part of them upon diverse and sundry other days thereafter in the said month of January and February instant, and having read and considered the foresaid act of parliament regarding the said measures and weights, and finding that it is ordained that there shall be only one just measure and weight through all the parts of this realm which shall universally serve all his majesty's lieges, by the which and no other they shall buy and sell in all time coming, and that it is declared by the said act that the foresaid measure and firlot of Linlithgow, which is now commonly used and which has been most customarily used through the greatest part of this kingdom these 50 or 60 years bygone, shall be the foresaid just measure and firlot which shall be received and used by all his majesty's lieges in all time coming, and that commission is given by virtue of the said act to the said commissioners for settling of a perfect order whereby all the said measures that are now used may be reduced to the conformity of the said measure of Linlithgow, and for making of a proportion between the lesser measures and weights and the greatest, have first thought it fit and expedient that the provost and bailies of Linlithgow, who are keepers of the said measure, should produce before them the said measure which has been given out by them to the burghs and all others of his majesty's lieges these 50 or 60 years bygone, with their gauge and warrants which they have for the same; who, being cited for that effect, produced before the said commissioners their said measure and firlot with the gauge which is their warrant thereof, and the same measure and firlot being found agreeable with the said gauge, the said commissioners caused presently fill the same with water, which, being full, they found that the same contained 21 pints and 1 mutchkin of just sterling jug and measure, and that the foresaid jug contains within the same three pounds and seven ounces of French troy weight of clear running water of the water of Leith. And because the said commissioners could find out no other means whereby they might try the warrant of the quantity of the said measure and firlot of Linlithgow which has been in use these 50 or 60 years bygone but by taking of the oaths of the said provost and bailies relating thereto, they took the oaths of Andrew Milne, provost of the said burgh of Linlithgow, Andrew Bell and James Glen, bailies thereof, who being with all requisite solemnity sworn, testified upon their consciences that the foresaid firlot and measure produced by them was the very true and just measure which has been given out to his majesty's lieges by them and their predecessors these 50 or 60 years bygone, and that the same by their knowledge has never been altered in any sort during the time foresaid; and likewise declared upon their consciences that so far as they could try by the most ancient and aged persons of their burgh that the foresaid gauges are of great antiquity and have never been altered or changed in any time bygone, and that they never had nor have any other measure or gauge to their knowledge. Which firlot the said commissioners have found and declared, statute and ordained to be the just and only firlot which shall be received and used by all his majesty's lieges in all time coming for measuring of wheat, rye, beans, peas, meal, white salt and such other stuff and victual as before this time has been in use to be measured by strake met† within this kingdom, the wideness and breadth of the which firlot under and above, even over within the borders, shall contain 19 inches and a sixth part of an inch, and the deepness, 7 inches and a third part of an inch; and the peck, half peck and fourth part peck to be made according thereto; and the staves of the said firlot to be in thickness one inch at the least, 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 bottom of the cask be pared outwith towards the nether side, and to be made within plain and just parallel; that the mouth be ringed about with a cross or girth of iron within and without, having a cross iron bar passing over from the one side to the other, three squared and edge down and a plain side up, which shall go parallel with the edge of the firlot, and every square shall be one just inch of breadth; and that there be a upright spike of iron one inch in roundness with a shoulder under and above and rising upright out of the centre or midst of the bottom of the firlot and passing through the midst of the said over crossbar, attached both under and above; and that the said cooper cause the ring-strake of the said firlot pass from the one end of the said over iron bar to the other, and the same to be burnt and sealed with the mark of four crowns upon both the sides of the bottom, with five impressions of the letter 'L' upon the lips thereof. And for eschewing of fraud in all time coming, the said commissioners, all in one voice without discrepancy or variance, have thought expedient, statute and ordained by virtue of the foresaid commission granted to them by the said late act of parliament that all victual and stuff shall be measured by strake through all the parts of this kingdom in all time coming; and by reason that malt, barley and oats have ever been used to be measured by heap, and that by the meaning of several preceding acts of parliament it has been thought that heaps in proportion was the just third of the firlot and peck, so that three straked firlots for two heaped firlots, six straked firlots for four heaped firlots, was thought to be a just proportion, the one agreeable to the other; and the said commissioners by trial and examination having found that the heap in proportion is not the just third 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 three straked firlots or pecks for two heaped firlots or pecks, and consequently of six for four, the heap being always the less measure as said is, therefore they have found it expedient to cause make a particular measure or firlot for measuring of malt, barley and oats by strake in all time coming; which being made and produced in their presence, and after trial and examination thereof, have found the same in proportion nearest to the said heap, so that four straked measures or firlots thereof contains in just proportion (and to the less prejudice of all his majesty's lieges) four heaped firlots, which the said commissioners having caused fill with clear running water of the water of Leith, they find the same to contain 31 pints of the just sterling jug and measure, each pint containing the weight foresaid, and the same to be in wideness and breadth equal and according to the former firlot, and in deepness 10 inches and a half inch; which they find, statute and ordain to remain as a just measure and firlot to be used for metting and measuring of malt, barley and oats by strake in all time coming; and that the pecks, half pecks and fourth part pecks thereof be made conforming in proportion to the same last firlot. Which new firlot in all other respects shall be agreeable in form with the old strake 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 sides thereof; and the same, with the foresaid other firlot containing 21 pints and 1 mutchkin, to be given out by the said provost and bailies of Linlithgow, to whose custody the same was committed of old, to the burghs and all others of his majesty's lieges for that effect between the date hereof and 20 April next to come. And that four full firlots of either of the foresaid firlots contain and be repute to be one just boll in all time coming only. Likewise the said commissioners, having considered the great prejudice sustained by all our sovereign lord's lieges through the diversity of weights used within all the parts of this realm, therefore, and according to their said commission and act of parliament foresaid and for eschewing of all fraud, have thought expedient, statute and ordained that there shall be only one just weight through all the parts of this kingdom which shall universally serve all his majesty's lieges by the which and no other they shall buy and sell all and whatsoever wares accustomed to be bought and sold by weight, as well foreign as country wares, in all time hereafter, namely: the French troy stone weight, containing 16 troy pounds in the stone and 16 troy ounces in the pound, and the lesser weights and measures to be made in proportion according thereto (and that weight called of old the tron weight to be all utterly abolished and discharged, and never hereafter to be received nor used.) And in respect that the keeping and giving out of the weights of old to the burghs and others of his majesty's lieges within this kingdom was committed to the burgh of Lanark, therefore the said commissioners have committed the keeping and giving out of the said French troy stone weight now established to the foresaid burgh of Lanark and their successors, to be given out by them and their said successors to the burghs and others of his majesty's lieges between the date hereof and 1 May next to come and in all time coming; and likewise statute and ordain that there be double standards of the foresaid firlots and measures and gauges thereof and of the foresaid weights, two of every one of them to remain in the register within the castle of Edinburgh, and the other two within the castle of Dumbarton, therein to remain as a warrant for the measures only, and the other in the towns to whom they have been committed of old as said is, to be directed forth 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 ferms of other measures and weights, but that their foundation, infeftment, tack or contract shall be proportioned to the measure and weight now established, so that the same quantity shall remain with the giver and receiver without prejudice to any of them. Likewise have found and declared that the ell and stand thereof committed to the keeping of the burgh of Edinburgh contains 37 inches, and the pint vessel, committed to the keeping of the burgh of Stirling, contains the weight of 3 pounds, 7 ounces of French troy weight clear running water of the water of Leith, which ell and vessel they statute and ordain to remain and abide in the same integrity as they are now, and that no other ell nor vessel of greater or less proportion containing the said weight shall be received by none of his majesty's lieges in any time coming to buy or sell with in any part of this kingdom; and the half and quarter ell and half quarters and nails, quart, chopin, mutchkin and half mutchkin vessels be made in proportion according thereto; and the burghs of Edinburgh and Stirling, to whom the keeping thereof has been committed of old, have the giving out of the same to the rest of the burghs and all others of his majesty's lieges to that effect between now and 1 April next to come, and that they have double standards of the said ell and vessel, two of every one of them, to remain in the register within the castle of Edinburgh and within the castle of Dumbarton for a warrant as said is, and the other with themselves and their successors to whom they have been committed of old; and that the foresaid measures, mets and weights with the which all and whatsoever persons shall be held to buy, sell, met, measure, weigh and deliver have course only within this realm after the days respectively after-following, namely: the weights after 1 May next to come, and the measures of firlots and pecks and the rest of that degree after 1 June next thereafter, and no other weights, mets nor measures to be received nor used in any time hereafter in any part of this kingdom under the pains contained in the acts of parliament made relating thereto, and that all firlots to be used in markets both to burgh and land be burnt and sealed either with the marks and seals of Linlithgow in manner foresaid or with the burning iron of the head burgh of the shire wherein the said markets are holders, and that the provost and bailies of royal burghs and cities, both regality and royalty, and also the bailies of burghs in barony and justices of peace in whatsoever places where markets of victual are held, or other foreign or country wares shall be bought, sold and weighed, met and measured, shall be bound that all measures and weights to be used shall be of one form and quantity according to this present act. And if any different measures and weights be found in any of the places above-mentioned, the said provost and bailies of royalties, regalities, baronies and justices of peace shall take order therewith and if need be shall be held to inform the king's majesty's council thereof, that they may take order relating thereto as appertains; providing always (as is before provided) if any persons be founded or infeft and indebted by tack or contract of old or new ferm of measures and weights than are before-written in manner foresaid, their foundation, tack or contract, whether it be more or less, shall be proportioned to this measure and weight which now is established, so that the same quantity shall remain with the giver and receiver, without prejudice to any of them in manner particularly before-expressed. And because by the provisions immediately before-written diverse pleas and questions may arise between parties, receivers and deliverers, masters and tenants, feuars and their superiors regarding ferms and victual and likewise regarding other stuff and duties indebted and bound to be paid and delivered by weight, either by infeftments, tacks, foundations, bonds or contracts whatsoever made before the date hereof regarding the conforming and proportioning of the measures and weights contained in the said infeftments, tacks, foundations and other securities foresaid with the measures and weights now established, if sure notice and trial be not taken of the just measure and quantity of the measures and weights which have been most customarily used and received these 50 or 60 years bygone within the sheriffdoms underwritten, namely: Lanark, Wigtown, Dumfries, Roxburgh and Berwick, in the which the said commissioners considering evidently the greatest diversity of measures and weights from the measures and weights now established to be for the most part, so that these five shires, being brought to the conformity aforesaid, the rest of the shires within this kingdom may be easily reduced to the same according to this present act, therefore the said commissioners find it fit and expedient and by this act statute, decree and ordain that the sheriff of every one of the foresaid five shires of Lanark, Wigtown, Dumfries, Roxburgh and Berwick, or their deputes, shall warn the bailies of regalities within the same shires and stewarts of stewartries thereof, if any be, justices of peace and magistrates of burghs, to convene each one of them within the head burgh of the same shire wherein they are magistrates within 20 days after the council's pleasure shall be signified to them relating thereto, and there not only to receive and embrace the said measures and weights from the provost and bailies of Linlithgow and Lanark to whom the keeping thereof is entrusted in manner foresaid and which are established by this present act, but also to take trial and cognition of the difference between the said old measures and weights and the measures and weights now established; and to appoint, conclude and determine, each one of them within their own bounds, what proportion less or more shall be given and received in time coming for conforming of their ferms and duties indebted by former infeftments, foundations and tacks, contracts, bonds and securities to the foresaid measures and weights now established, and to insert the same in their registers and court books, to remain with them for decision of such controversies as may arise in those bounds hereafter regarding the disconformity foresaid, and to report their diligence relating thereto and conclusion in writing authentically subscribed by the said sheriffs of shires, magistrates of royal burghs, bailies of regalities, burghs of baronies and justices of peace convening within each one of the foresaid sheriffdoms; and to present the same to the lords of his majesty's council and session before 1 July next to come, to the effect the same may be delivered to the clerk register to be inserted in the books of council for future memory, and that none of the foresaid five shires nor no others of his majesty's lieges within this kingdom presume nor take upon hand in time to come to buy, sell, transact, bargain, contract or set in tack to or with others for receipt or delivery with any other weight, met or measure than the same which now by this present act is approved and established; and this for report of the commission above-written, requiring the lords of our sovereign lord's council and session that letters may 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 royalty and regality, and also the bailies of burghs in baronies, justices of peace and others whatsoever in places where markets are held, to put into execution this present act and every part thereof in so far as concerns them, so that the same may take full effect after the days respectively foresaid. With certification to them if they fail, they shall be called and accused and the pains contained in the acts of parliament shall be executed upon them in all rigour in example of others. In witnessing of the which the said commissioners have subscribed this act with their hands, day, year and place foresaid; and ordain this act to be delivered to the clerk register to the effect he may cause insert the same in the register of parliament.