Page:The Laws and Acts of Parliament of Scotland.djvu/611

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Aft 38. Ki ng CHARLES'th e i I. 1661. 41 Our Sovereign Lord, with advice toreiaid, Declared"!,,. That Three Jufhces of Peace; ihali be a iuli number and Jeifian, to decide in matters occuring betwixt the four Quarter Seffions. : ■/ ■■ .■ -.; Alfo Declares ', that no Letters of Caption ought to be granted againft the faids Juftices ',. for apprehending of Rebels, except they be found fubject to do the fame , by poffeffing of fuch other Offices and places, to the which the obedience and putting to execution of any fuch charges doth belong. - ■/ .. ... ■ r..' } *>.-; And becaufe there is fenfible prejudice feen and felt through many parts of the Kingdome, by'rea- fon of diverfity of Mealures and Weights ufed in the fame. Therefore Our Soveraign Lord, -WitlVad- vice fcrefaid, for removing of all abufes, which may enfue in any time to come thereby , Hath found expedient , and by this Decreet and Statute of Parliament, Decerns, Statutes and Ordains, That -.these Ml'tte but one _/'uft Meafure and Weight through all the parts of the Kingdom, which fball univerfaUy ferve ail His Highnei'Fe Lieges, by the which they ihall fell and buy, and receive, and give out in ail time s to come; which Mealiire, His Majefty with advice forefaid, finds mould be that .. Meaiure -M Linlithgow, which is no,w commonly ufed and which hath been tiled moft cuftomably. through .the zreateft parts of this Kingdom thefe many years by-paft. And for fetling a perfit Order; whereby all the Meafures that are now ufed may be reduced to the conformity 'of the faids Meafures now

authorized ; and for making of proponon anfwcrable betwixt the leffer Meafure and Weights, '"and

the greateft. His Majefty with advice forefaid, hath granted full Power and Commffion to Ale:<- ander Frazer of Thilforth, Sir Gilbert Ram/ay of Balmayn, William Scot of Ardrofs y John Murray of Touchadam, Sir Robert Hepburn oi Keith, James Creightoun of Saint Leonards,- Sr Andrew Ramfay, Sr Robert Murray, Sir Alexander Wedderbnm, John Be 1 1, Willi am Cunningham, Andrew Glen, Sir Wiliam Thomson, Whom, or any kven of them, His Majefty, with advice forefaid, Ordains to meet and conveen together, at fuch time and place as they mail think expedient, ;and to confultand advife together ,' and to appoint and determine upon the moft covenient means, how the faid Meafures and Weights may be reduced to the conformity forefaid ; and after they have ri'pely advifed therewith, and given forth their determination thereanent, they ihall deliver the fame , and whole courfe of their proceedings, in the faid matter to the CommilTioners and Juftices of Peace, and to the Deans of Gild of the Head Burghs of the Shires, who mail be holden carefully to. do their diligence to fee the Meafure forefaid, now appointed, to have courfe through all parts, as. well Burgh as Landwart. And that there may be one conftant conformity in Head Burgh and Land, Our Sove- feign Lord, with advice and conleht forefaid, Ordains, that the faids Juftices of Peace in Landward fake tryal of the Meafures and Weights ufed in Burgh, and to take a Note from the Magistrates,' and Deans of Gild of every Town, of the Weights and Meafures, and of the number thereof whiciithe faids Magiftrates and Deans of Gild in Burgh, malibe holden to fhew, declare and give up to ,them, to the effect the faids Juftices to Landwart, may confer the fame with theStandard now authorized j ,and where they find any difconformity in the fame, from the faids Standard ,. the faids Juftices fhall in- form the KhwsMajtfties Council thereof, that they may take order therewith as appertaineth ? For it is exprefly provided by thefe prefents, that the faids Magiftrates in Burgh, Ihall not be permitted to have or ufe moe Meafures within Towns, then the number to be profcfled by them, and given up in Writ ijt'e faids Juftices to Landwart, as laid is : this alwayes being refpetted, That ii the faids Magistrates Within Burgh, find any neceffity for having any moe Meafures then was given up' and ufed by them .be- fore, it mall be licenced to them to make moe Meafures, they being anfwerable and conform to vthe Standard ; and making the faids Juftices to Landwart forefeen and acquaint therewith, and declaring the number of the Meafures, whereof they find the neceffity of ufe. ■ - j ■■■' ■ ii The faids Juftices fhall be holden to five command and direction to their Conitables ', to apprehend any fuch perfon, who mall be found contemptuously to have difobeyed the Cenfures of the Church, they being lawfully required to do the fame. v . ,• ••..::.-; The faids Juftices ot Peace, as well to Burgh as Land, fhall conveen and be prefent at the Qua: — Seffions of the Shire where the Burgh and Land lyeth, give their Oath to the Bench at their admifpi on, make their Record, and make payment of the fines intrometted with by them as Juftices of Peace of that Shire, to their Collector. ...-:.:, They mall appoint a iufficient Collector for uplifting the Fines and Penalties, whieh they have gdwq: to impofe upon an Offender, and are to take Caution of him for making due accomot. t-A.£ They ihall have, during the time of Seffions, for every day of their abode (To it do not exceed t lie number of three dayes at the moft at one time) allowed to every one of them, fourty millings Scots money, daily to be paid and uplifted by the Collector of the Fines; but neither Earl, Lord,Bifhop, Prf vy Councellor, or Seffioner, fhall have any allowance ; and all fuch Juftices as have the benefit of that allowance, and mall be abfent from every ordinary Quarter Seffions, or otherwife when he is required' Iftwiuilyby the Cuffos Rotitlorum to any particular Meeting, mall incur the penalty o'f rfbu'rty pquif^E Scots money, not being lawfully excufed,and the'excufe allowed by the reft of the Juftices there aiiembB ■ ■The Lords of Seffion ihall direct general and furrirnar Charges of Horning and PdVndmg J: ■~.az--i.;.-.- ihftance of the Collector appointed in ever? Cduntrey for ingathering all Hues and Penahir; F whatfdeves;