Anent the liberties of frie burrowis

2Oure soverane lord and his estaitis of parliament, for the gratious luif and favor quhilk his majestie bearis to the burrowis of this realme eftir his perfite aige of tuentie fyve yeiris compleit, ratifies and apprevis all and quhatsumevir actis, richtis, privilegis, ordinances and constitutionis maid of befoir be his majestie and his maist noble progenitoris for mantenance of the liberties of frie burrowis conforme to the saidis actis and constitutionis in all pointis. And foirsamekle as be diverss actis of parliament maid of befoir in the dayis of his maist noble progenitoris, it is statute and ordanit that na persoun wthin this realme suld exerce the traffique of merchandice bot the burgesses of frie burrowis, quhilkis have not bene nor yit ar observit be reasone that thair is na penaltie irrogat to the personis contravenaris thairof, thairfoir oure said soverane lord and haill estaitis of this present parliament, confirmis, ratifies and apprevis the saidis actis, constitutionis and everie ane of thame with this additioun: that quhasoevir exerceises the said traffiq of merchandice not being frie burgesses, thair haill guidis and geir sall becum in eschaet, the ane half to oure soverane lord, and the uther half to the burgh quhais commissioner or collector sall first apprehend the same. And to the effect that the saidis eschaet may be upliftit, his majestie and estaitis foirsaidis gevis and grantis full power and auctoritie to everie ane of the saidis frie burrowis, be thame selffis or thair commissioner and collector, quhome thay sall have power to depute in that behalf, to serche and seik the guidis and geir of the saidis unfremen traffiqueris, to intromett thairwth as eschaet, and to deliver the ane half thairof to his hienes thesaurair, and the uther half to the burgh quhairof he salbe appointit commissioner and collector, quhether it be within this realme or in ony uther pairt, quhair the same may be challengit, and to arreist the saidis guidis, call, follow and persew thairfoir befoir unsuspect ballies or depuittis, quhome thay salhave power to creat to that effect; and ordanis the ane half of the said eschaet to be intromettit with be the said commissioner or collector as said is, be applyit to the commoun weill of the said burgh quha sall first apprehend the saidis eschaet guidis, off the quhilk half of the said eschaet guidis thair salbe yeirlie compt maid as is appointit of the commoun gude of the burgh, prowyding alwayes that this present act be nocht prejudiciall to noblemen, baronis or uther landit men, to bring or caus bring or have merchandise to thair awin particuler use and behuif sua that thay sell nocht the same or mak merchandise thairof agane to oure soverane lordis leigis, quhairin incaice the saidis noblemen, baronis and utheris abone writtin be found or apprehendit culpable, they salbe repute, haldin and estemit as unfremen traffiqueris, and it salbe lesum to the saidis frie burrowis or thair commissioner and collector foirsaid to intromett with thair haill guidis and geir as eschaet, and dispone upoun the same as with the saidis unfremenis guidis in maner abonewrittin.

  1. NAS, PA2/14, f.35v.
  2. Written in margin: 'V'. Written alongside this act, 'concerning the burrowis'.