[A1641/8/125]¹

[Draft ratification of the acts regarding streets and common highways]

Scroll of [Sir Alexander Shaw], laird of Sauchie's act²

Our sovereign lord and estates of parliament, considering that the making patent of all passages and highways to all harbours, ports, pows and other places wherein ships, barks and boats may arrive to be laden and to take in all sorts of commodities to be transported therefrom such as corns, victuals, fuels, coal, timber and other merchandise of all sorts, and the making patent of the said harbours, ports, pows and other places of that kind and shores thereof next adjacent thereto (whereupon the said commodities may be laid) to all his majesty's lieges for receiving of their said ships, barks and boats for ladening thereof and for taking in of the said commodities therein without stop or trouble to be made by any person or persons to the said lieges in the said highways or at the said harbours, ports, pows, shores and others parts adjacent thereto, whereupon the said commodities must necessarily be laid before the embarking thereof, is not only most just and lawful in itself and agreeable to the laws of this kingdom and to the laws of all nations for advancing of the trade of merchandise regarding buying and selling of the said commodities and others of that kind and transporting the same at the will and pleasure of the merchants, but also is a most certain, sure and ready way for augmenting of his majesty's customs very much and bringing of great quantities of bullion to the mint-house, therefore our said sovereign lord and estates of parliament have ratified and approved the particular acts of parliament respectively underwritten regarding streets and common passages, namely: the 54th act of the 6th parliament of regent Mary [of Guise] in the year 1555 and the 156th act of the 12th parliament of King James VI of blessed memory in the year 1592, together with the 8th article and instruction given to the justices of peace contained in the 8th act of the 22nd parliament of King James VI regarding mending of all highways and passages to or from any market town or sea port within the shire, as the said particular acts of parliament respectively in themselves at more length bear. And further have statute and ordained for explanation of the said acts and for the further ease and benefit of all the lieges that all the said passages and ways leading from any part of the country to any harbours, ports, pows, shores and landing parts thereof (whereupon the said particular commodities must necessarily be laid until they be embarked) shall be made patent to all his majesty's lieges for carrying and transporting of the said victual, fuels, timber, coal and all other commodities to the said harbours, ports, pows, shores and landing places thereof, and for laying down the same upon the ground of the said shores and landing parts until the same be embarked and the said ships and barks laden therewith without any stop, trouble or impediment to be made to his majesty's lieges relating thereto, under the pains and with certification specified and contained in the said acts of parliament or in any of them. And also statutes and ordains for the advancing of commerce and trade and for augmenting of the said customs and bullion that the said harbours, ports, pows and landing places shall be made patent for receiving of the said ships and barks, and that the said shores and grounds thereof next adjacent thereto (whereupon the said several commodities are in use to be laid down) shall also be made patent to the said lieges for laying down of their said commodities generally and particularly above-written, and all other merchandise and merchant wares upon the ground and shores besides the said harbours, pows and others parts and places for keeping and preserving of the said commodities and merchant goods until the embarking thereof. And that without any stop, trouble or impediment to be made thereto as said is, the said merchants, masters of the said ships and barks and other persons, owners of the said goods and commodities generally and specially above-mentioned, paying therefore to the persons and parties having right shore silvers, entrance fees and customs in use to be paid by the laws and custom of this kingdom.

12 November 1641

Read in audience of the nobility and delivered to [John Erskine], earl of Mar.