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Concerning the streets and passages of burghs

²Our sovereign lord and the estates of parliament ratify, approve and confirm the act of parliament made by Queen Mary [of Guise], dowager of this realm, in the month of June 1555, entitled 'Regarding the common passages to burghs', by the which it was statute that all common high gates that free burghs have been in use of proceeding either for passage from their burgh or coming thereto, and in special all common high gates from free dry burghs to the ports and harbours next adjacent or proceeding to them, be observed and kept, and none make impediment or stop therein, and if any do to be called and accused for oppression and punished for that according to the laws, as in the said act at more length is contained; which act, with the whole clauses and conditions thereof, his majesty, with advice foresaid, wills that the same shall be held as expressed therein and to be put to due execution in all time hereafter, with these additions following: that forasmuch as it is sufficiently understood by his majesty that diverse malicious persons, upon deliberate malice, stop and impede public passages pertaining to the free burghs within this realm, namely: to the [sea]³ ports which have greatest occasion of traffick, by casting of fosses and building of dykes for blocking up of the said common passages, and will not suffer the inhabitants of the said burghs and others of his highness's lieges and traffickers towards the said sea ports to have or frequent the accustomed passage used of before in transporting of victuals, fuels, provisions, merchandise and others for maintenance of the common negotiation of the country, but compel them to pass a mile or two about to the great hurt and prejudice of the said lieges; therefore his majesty, with advice foresaid, in corroboration of the said former act and to the effect that the same may be put to full execution in time coming, statutes and ordains that none presume or take upon hand hereafter to stop or impede the said public and common passages pertaining to the said free burghs, and namely to the said sea ports, and if any shall happen to do in the contrary, the parties grieved shall have their recourse to the lords of council and session, who shall grant summary letters in their favour upon six days' warning only, to cause and compel the committers of the said oppression to desist and cease therefrom, and to hear and see themselves discerned to have done wrong in stopping of the said passages and to find caution acted in the said lords' books, under such pains as shall be modified to them, never to commit the like wrong by themselves, their men, tenants or servants and others whom they may let, the one half of the said penalty to appertain to his highness, and the other half to the party grieved; and the probation of the said wrong in stopping of the said passages to be received by reputable witnesses only and not by an assize; and the trial thereof to appertain to the said lords of council and all other inferior judges to be discharged from proceeding in the said causes, notwithstanding any statute or constitution whatsoever made regarding molestations in property or commonty, in number whereof his highness wills in no way that the said oppressions and staying of the public passages shall be comprehended; and ordains publication to be made hereof in the appropriate form.