GOD, AND MY RIGHT IN MY DEFENCE. THE ACT ANENT THE SETTLING of Measures and Weghts, concluded at Edinburgh the 19 day of Februar 1618. years. by the Commissioners having power to do the same by Act of Parliament made the twenty eight day of june 1617. FOrsomuch as in Our Sovereign Lords laite Parliament holden at Edinburgh, the xxviij day of June last bypassed 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 Weghts used within the same. Therefore Our said Sovereign Lord, with advice of his said's Estates; For removing of all abuses which may ensue in any time to come, thereby hath found expedient and by Decreet & Statute of the said Parliament; Discerned, Statut, and Ordained, That there shall be but one just Measure and Weght, through all the parts of this Kingdom; which shall universally serve all his highness lieges by the which they shall buy, sell, receive, and give out, in all time to come. Which Measure his Majesty with advice foresaid, Fand; should be that Measure of Linlithgo, which is now commonly used and which hath beine used most customably through the greatest part of this Kingdom these fifty or thriescore years bypassed. And for settling of a perfit order whereby all the Measures that are now used may be reduced to the conformity of the said measure now authorized, and for making of proportion answerable betwixt the Lesser Measures and Weghts, and the Greatest. His MAJESTY with advice foresaid, granted full power and Commission, To Sr james Weemes of Bogie knight. Sr George Auchinlek of Balmanno knight. Sr james Fowls of Colingtoun knight. Sr Robert Stewart of Shillinglaw knight. Sr Ihone Waws of Barnbarro knight. Sr William Greirson of Lag knight. And to james Nisbet Bailyie and burges of Edinburgh, Mr Allex แต— Wedderburne Clerk of Dondie. Sr Thomas Menzeis Provest of Aberdeine. james Hamilton Provest of Glasgow. john Oisburne burgess of Air and Sr George Bruce of Carnok knight. burges of Culros. Whom or any eight of them, His Majesty with advice foresaid, Ordained to meet and conveine 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 saids Measures and Weghts, might be reduced to the conformity foresaid. As in the said laite Act of Parliament at more length is contained. Which whole Commissioners foresaids, having met and convened within the Burgh of Edinburgh upon the twenty one day of Januar last bypast and the most part of them upon divers and sunrie others days thereafter in the said month of Januar and Februar instant. And having read and considered the foresaid Act of Parliamet, anent the saids measures and Weghts and finding that It is Ordained that their shall be only Ane just Measure and Weght, through all the parts of this Realm which shall universally serve all his majesties 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 Linlithgo which is now commonly used and which hath been most customably used through the greatest part of this Kingdom these fifty or thrie score years by-gone, shallbe the foresaid just Measur and Firlot which shall be received and used by all his Majesty's Liege's in all time coming. And that Commission is given be virtue of the said Act to the said's Commissioners for settling of a perfect order whereby all the said's Measures that are now used, may be reduced to the conformity of the said measure of Linlithgo. And for making of a proportion betwixt the lesser measures and weghts and the greatest. Have first thought it meit and expedient that the Provest and bailies of Linlithgo who are keepers of the said measure should produce before them the said measure which hath been given out be them to the Burrows and all others his Majesty's lieges these fifty or thriescore years by-gone, with their Jedges and warrants which they have for the same. Who being cited for that effect, Produced before the saids Commissioners their said Measure and Firlot with the Jedge which is their warrant thereof. And the same measure and firlot being fund agreeable with the said Jedge, the said's Commissioners caused presently fill the same with water which being full, they found that the same coteined Twenty one pincts and one mutchkin of just Sterline Jug and measure, and that the foresaid jug contains within the same Thrie punds and seven ounces of french Troy's weght, of clear running water of the water of Leith. And because the saids Commissioners could find out no other mean whereby they might try the warrant of the Quantity of the said measure and firlot of Linlithgo which hath been in use these fifty or thriescore years by-gone. But be taking of the oaths of the said's Provest and bailies thereanent. They took the oaths of Andro Milne Provest of the said Burgh of Linlithgo Andro Bell and james Glen bailies thereof who being with all requisite Solemnity Sworn: Deponed upon their consciences; That the foresaid Firlot and Measure produced by them, was the very true and Just measure which hath been given out to his Majesty's lieges by them and their praedicessors these fifty or thriescore years by gone, and that the same by their knowledge hath never been altered in any sort during the time foresaid, and siklike declared upon their consciences, that so far as they could try by the most ancient and aged persons of their Burgh, that the foresaids Jedges are of great antiquity and have never been altered or changed in any time by-gone: And that they never had, nor hes, any other Measure, or jedge to their knowledge. Which Firlot, the said's Commissioners Have Fund, and Declared, Statute and Ordeided, to be the Just and only Firlot which shall be received and used, by all his Majesty's Liege's in all time coming: For metting of Wheat, Rye, Beines, Peas, Meal, Whit Salt, and such other stuff & Victual as before this time hath beine in Use to be measured by straik Met, within this Kingdom. The wydnes, and Breadnes, of the which Firlot under and above even over within the buirds, shall contain nyneteen Inches, and sext part inch; and the deipnes, seven Inches, and one third part of one inch: and the Peck, half Peck, and fourth part Perk to be made effeirand thereto; And the steps 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 lagene be pared outwith towards the nether-syde, and to be made in with plain and just reul-right; That the mouth be ringed about with one croce or girth of Iron inwith and outwith, having a croce Iron bar passing over from the one side to the other thrie squared, and edge down, and a plain side up, which shall go reul-right with the edge of the Firlot, and every square shall be one just Inch of breadth. And that there be one prick of Iron one Inch in roundness, with one 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 croce-barre, rooved both under and above. And that the said Cowpar cause the ring-straik of the said Firlot, pass from the one end of the said over Iron bar to the other: And the same to be brunt and sealed, with the mark of four Crowns, upon both the sides of the bottom, with fyve impressions of the letter L upon the lips thereof. And for eschewing of fraud in all time coming; The said's Commissioners all in one voice but discrepance or variance, Have thought expedient Statut and Ordained, by virtue of the foresaid Commission granted to them by the said laite Act of Parliament, That all Victual and stuff shall be measured by straik, through all the parts of this Kingdom, in all time coming. And by reason that Malt, Bear, and Aites, have ever been used to be measured by heap; and that by the meaning of several praeceiding Acts of Parliament, IT hath beine thought, that Heaps in proportion was the just third of the Firlot and Perk, So that thrie straiked Firlots, for two heaped Firlots, Sex straiked Firlots for four heaped Firlots, was thought to be a just proportion, the one agreeable to the other. And the said's Commissioners by trial and examination having found that the Heap in proportion, IS not the just third part of the Firlot and Perk, but that there is a great difference therein, and no small prejudice both to the giver and receiver, of thrie straiked Firlots or Pecks, for two heaped firlots or pecks, and consequently of sex for four, the Heap being always the less measure as said is. THEREFORE they have found it expedient to cause make one particular Measure or Firlot, for metting of Malt, Bear, and Aites, by straike, in all time coming, which being made and produced in their presence, and after trial and examination thereof, Have found the same in proportion neirest to the said Heap, so that four straiked Measures or Firlots thereof, contains in just proportion (and to the less prejudice of all his Majesty's Liege's) four heaped Firlots. Which the said's Commissioners having caused fill with clear running water of the water of Leith, They find the same to contain Thrittie one Pincts, of the just Sterline Jugge and measure, ilk Pinct containing the Weght foresaid. And the same to be in wydnes and breadnes equal and conform to the former Firlot, and in deipnes, Ten Inches and one half inch. Which they Find, Statute and Ordeins, To remain as one just Measure and Firlot, to be Used for metting and measuring of Malt, Bear, and Aittes, by straike, in all time coming. And that the Pecks, half Pecks, and fourth part Pecks thereof be made conform in proportione to the same last Firlot: Which new Firlot in all other respects shall be agreeable in form with the old straike 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 syds thereof. And the same with the foresaid other Firlot containing twenty one pincts & one mutchkin, To be given out by the said's Provest and bailies of Linlihgow, to whose custody the same was committed of old, To the Burrowes and all others his Majesty's Liege's for that effect, betwixt the date hereof and the twenty day of Apryle next-to come. And that four fulls of either of the foresaids Firlots contain and be repute to be one just BOLL, in all time coming allenerlie. sicklike the said's Commissioners having considered the great prejudice sustained by all OUR Sovereign LORDS Liege's through the diversity of Weghts, used within all the parts of this Realm. THEREFORE and conform 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 Weght through all the parts of this Kingdom, which shall universally serve all his Majesty's Liege's (by the which and no other) they shall buy and sell, all and whatsomever Wares accustomed to be bought and sauld by Weght als we'll Foreign, as Cuntrie-Wares; in all time hereafter: to wit, The french Troy's Stone Weght, containing Sexteine Troy's Pounds, in the Stone, and Sexteine Troy's Unces in the Pound, and the lesser Weghts and Measures to be made in proportion conform thereto: (And that Weght called of old the Throne weght to be allutterlie abolished and disharged, and never hereafter to be received nor used.) And in respect that the keiping and out-giving of the Weghts of old to the Burrowes, and others his Majesty's Liege's within this Kingdom; was committed to the Burgh, of Lanerk: Therefore the said's Commissioners have committed the keeping and out-giving of the said french Troy's Stone Weght, now established, to the foresaid Burgh of Lanerk and their Successors, to be given out by them and their said's successors to the Burrowes and others his Majesty's Liege's, betwixt the date hereof and the First day of Maij next to come, and in all time coming. And lykewayes Statutes and Ordeins, that there be double Standards of the foresaids Firlots and Measures, and Jedges thereof, and of the forsaids Weghts, Two of every one of them to remain in the Register, within the Castle of Edinburgh, and other two within the Castle of Dunbritane, therein to remain as a warrant for the measures allenerlie. And the other in the Towns to whom they have beine committed of old as said is, to be direct forth to the whole Liege's to be used Universalie. And this without prejudice to any persons who are founded infeft or addetted, by take or contract, of old or new fermes of others Measures and Weghts; but that their Foundation, Infeftment, Tack, or Contract, shall be proportioned to the Measure and Weght now established, so that the same quantity shall remain with the giver and receiver, but prejudice to any of them. sickly have found and declared, That the Elne and Stand thereof committed to the keiping of the Burgh of Edinburgh, containeth Thrittie seven Inches. And the Pinct Stowp, committed to the keiping of ye Burgh of Sterline, containeth the weght of Thrie Pounds seven Unces of french Troy's weght clear running water of the water of Leith. Which Elne, and Stowp, They Statut and Ordain, to remain and abide in the same integrity as they are now, and that no other Elne nor Stowp, or greater or less proportion containing the said weght, 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 Elnes, and half quarters, and Nails: Quartfield, Chopin, Mutchkin, and half mutchkine Stowps, be made in proportion conform thereto. And the Burghes of Edinburgh, and Sterline, to whom the keiping thereof hath beine committed of old; have the out-giving of the same to the rest of the Burrous and all others his Majesty's Liege's to that effect, betwixt and the First day of Apryle next to come: And that they have double Standards of the said's Elne, and Stowp, Two of every one of them, To remain in the Register within the Castle of Edinburgh, and within the Castle of Dunbritane, for a warrant as said is: and the other with themselves and their successors, to whom they have beine committed of old: And that the foresaids Measures, Mets, and Weghts, with the which all and whatsomever persons shall be holden to buy, sell, met, measure, wegh, and deliver, have course allenerlie within this Realm; after the days resp โ— after following viz. The Weghts after the First day of May next to come and the Measures of Firlots and Pecks, and the rest of that degree, after the First day of June next thereafter, and no other Weghts, Metts, 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 thereanent: and that all Firlots to be used in Markets both to burgh and Land be brunt and sealed either with the marks and Sealls of Linlithgo in manner foresaid, or with the burning Iron of the head burgh of the shire wherein the said's markets are holden, And that the Provest and bailies of Royal Burrowes, and Cities both Regality and Royalty, & als the bailies of Burrowes in Baronnie, and Justices of Peace in whatsomever places where markets of Victual are holden, or others Foreign or Country Wares shall be bought, sauld, and weghed, met, and measured, shall be bound, That all measures and weghts to be used shall be of one form and quantity, according to this present Act: And if any different measures and weghts be found in any of the places above mentioned. The said's Provest and bailies of Royalties, Regalities, Baronies and Justices of Peace; shall take order therewith and if need be shallbe holden to inform the King's Majesty's Counsel thereof, that they may take order thereanent as appertaineth. providing always as is before provided, if any persons be founded or infeft, and adetted by take, or contract, of old or new Farm, of measures and weghts, then are before written in manner foresaid. Their foundation Tack or Contract, whether it be more or less, shall be proportioned to this measure and weght which now is established, so that the same quantity shall remain with the giver and receiver, but prejudice to any of them in manner particularly before expressed. And because by the Provisions immediately before written, diverse Pleyes and questions, may arise bewix parties, receivers and deliverers, Masters and tenants Fewers and their Superiors, anent Fermes and Victual, and sicilic anent other stuff and duties, adetted and bound to be paid and delivered by weght, either by infeftments, Tacks, foundations, bands, or contracts whatsomever, made before the date hereof anent the conforming and proportionating of the measures and weghts contained in the saids infeftments Tacks foundations and others Securities foresaids, with the measures & Weghts now established, if sure notice and trial be not taken of the just measure and quantity of the measures and weghts which have beine most customably used and received these fifty or thriescore years by-gone, within the Shirefdomes' underwritten, viz. Lanerk, Wigtoun, Drumfreis, Roxburgh, and Bervik. In the which the said's Commissioners considering evidently the greatest diversity of measures and weghts, from the measures and weghts now established, to be for the most part: So that these fyve shires being brought to the conformity aforesaid, the rest of the Shires within this Kingdom may be easily reduced to the same, conform to this present Act. THEREFORE the said's Commissioners, Finds it meet and expedient, and by these presents Statutes, Decernes, and Ordeins, That the Shiref of every one of the foresaids fyve shires of Lanerk, Wigtoun, Drunfreis, Roxburgh, and Bervik; or their Deputs shall warn the bailies of Regalities within the same Shires, and Stevarts of Stevartries thereof, if any be, Justices of Peace, and Magistrates of Burrowes, To convein ilk one them within the head Bourgh of the same Shire wherein they are Magistrates, within twenty days after the Counsel's pleasure shall be signified to them thereanent: and there not only to receive and embrace the said's measures and weghts, from the Provest & bailies of Linlithgo & Lanerk, to whom the keiping thereof is concredit in manner foresaid, & which are established by this present Act: But also to take trial and cognition of the difference betwixt the said's old measures and weghts, and the measures and weghts now established. And to appoint conclude & determine, ilkone of them within their own bounds, what proportion less or more shall be given and received in time coming, for conforming of their Fermes and duties adetted by former infeftments, fondations, Tacks, contracts, bands and Securities: to the foresaids Measures and Weghts now established, and to insert the same in their Registers and Court books; To remain with them for decisioun of such controversies as may arise in those bounds hereafter, anent the disconformity foresaid: and to report their diligence thereanent and conclusion in writ authenticklie subscryved by the saids sheriffs of Shires, Magistrates of Royal Burrowes, bailies of Regalities, burgh's of Baronnies, and Justices of Peace; conveining within ilkane of the foresaids Shirrefdomes: And to present the same to the Lords of his Majesty's Counsel and Session, before the first day of Julie next-to come; To the effect the same may be delivered to the Clerk of Register to be insert in the books of Counsel (ad futuram rei memoriam.) And that none of the foresaids fyve shires, nor no others his Majesty's Liege's within this Kingdom, praesume nor take upon hand in time to come; To buy, Sell, blok bargain, contract, or set in Tack, to, or with others, for receipt or delivery, with any other Weght, Met, or Measure, nor 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 LORDS Counsel and Session, That Letters may be direct for publication of the praemisses by open Proclamation at the market Croces of the head Burrowes of this Realm, and others places needful that none praetend ignorance of the same, Commanding and charging, all and sundry the saids Provests and bailies of Burrowes and Cities, both of Royalty and Regality, and also the bailies of Burrowes in Baronnies, Justices of Peace, and others whatsomever, in places where markets are holden; To put in execution this present Act and every part thereof in so far as concerneth them, so that the same may take full effect after the days resp ue foresaids': With certification to them & they faillye, they shall be called and accused, and the pains contained in the Acts of Parliament, shall be execute upon them in all rigour in example of others. In witnessing of the which the said's Cammissioners have subscryved these praesents with their hands, Day, Year, and Place foresaids. And Ordeins these praesents to be delivered to the Clerk of Register, to the effect he may cause insert the same in the Register of Parliament. MEDIOCRIA โšœ FIRMA