FOrsomuch as in Our Soveraine Lords laite Parliament holden at Edinburgh, the xxviij day of June last bypast his Highnes and Estates conveined therein, Mooved by the generall complaint of all his louing Subjects: and in respect of their sensible prae­judice seene and felt through many parts of this Kingdome by reason of the diversi­tie of Measures and Weghts used within the same.

Therefore Our said Soveraine Lord, with advise of his saids Estates; For removing of all abuses which may ensue in any tyme to come, thereby hath found expedient and by Decreet & Statute of the said Parliament; Decerned, Statut, and Ordeined, That there shall bee but one just Measure and Weght, through all the partes of this Kingdome; which shall Universallie serve all his Highnes Leiges by the which they shall buy, sell, receiue, and giue out, in all tyme to come. Which Measure his Majestie with advise foresaid, Fand; should be that Measure of Linlithgo, which is now commonlie used and which hath beine used most customablie through the greatest part of this Kingdome these fiftie or thriescore yeeres bypast. And for setling of a perfyte order whereby all the Measures that are now used may be reduced to the con­formitie of the said measure now authorized, and for making of propor­tion answerable betwix the Lesser Measurs and Weghts, and the Greatest.

His MAJESTIE with advise foresaid, granted full power and Com­mission, To S^r Iames Weemes of Bogie knight. S^r George Auchinlek of Bal­manno knight. S^r Iames Fowles of Colingtoun knight. S^r Robert Stewart of Shillinglaw knight. S^r Ihone Waws of Barnbarro knight. S^r William Greirson of Lag knight. And to Iames Nisbet Bailyie and burges of Edinburgh, M^r Allex^t Wedderburne Clerk of Dondie. S^r Thomas Menzeis Provest of Aberdeine. Iames Hamilton Provest of Glasgow. Iohn Oisburne burges of Aire and S^r George Bruce of Carnok knight. burges of Culros. Whome or any eight of them, His Majestie with advise foresaid, Ordeined to meet and conveine together, at such tyme and place as they should think ex­pedient. And to consult and advise together, and to appoint and deter­mine vpon the most convenient meanes how the saids Measures and Weghts, might bee reduced to the conformitie foresaid. As in the said laite Act of Parliament at more length is conteined.

Which whole Commissioners foresaids, hauing mett and conveined with­in the Burgh of Edinburgh vpon the twentie ane day of Januar last bypast and the most part of them vpon diuers and sunrie others dayes thereafter in the said moneth of Januar and Februar instant. And hauing read and consi­dered the foresaid Act of Parliamet, anent the saids measures and Weghts and finding that It is Ordeined that their shall be onlie Ane just Measure and Weght, through all the parts of this Realme which shall vniversallie serve all his Maiesties Leiges (by the which and no other) they shall buy and sell, in all tyme comming. And that it is declared by the said Act that the foresaid Measure and Firlot of Linlithgo which is now commonlie vsed and which hath bene most customablie vsed through the greatest part of this Kingdome these fiftie or thrie score yeeres bygone, shalbe the foresaid just Measur and Firlot which shall be receiued and vsed by all his Majesties Lie­ges in all tyme cōming. And that Cōmission is giuen bee vertue of the said Act to the saids Commissioners for setling of a perfect order whereby all the saids Measures that are now vsed, may be reduced to the conformitie of the said measure of Linlithgo. And for making of a proportion betwixt the lesser measures and weghts and the greatest. Haue first thoght it meit and expedient that the Provest and Baillyes of Linlithgo who are keepers of the said measure shuld produce before them the said measure which hath bene given owt be them to the Burrows and all others his Majesties Leiges these fiftie or thrie-score yeeres bygone, with their Jedges and warrands which they haue for the same. Who being cited for that effect, Produced before the saids Cōmissioners their said Measure and Firlot with the Jedge which is their warrand thereof. And the same measure and firlot being fund agreable with the said Jedge, the saids Commissioners caused praesentlie fill the same with water which being full, they fand that the same coteined Twentie ane pincts and ane mutchkin of just Sterline Jug and measure, and that the foresaid jug containes within the same Thrie punds and seaven vn­ces of frensh Troys weght, of clear runing water of the water of Leith. And because the saids Cōmissioners could find out no other meane whereby they might trye the warrād of the Quantitie of the said measure and firlot of Lin­lithgo which hath bene in vse these fiftie or thrie-score yeeres bygone. But be taking of the oaths of the saids Provest and Baillyes thereanent. They [Page 22] tooke the oathes of Andro Milne Provest of the saide Burgh of Linlithgo Andro Bell and Iames Glen Baillyes thereof who being with all requisite Solemnitie Sworne: Deponed vpon their consciences; That the foresaid Fir­lot and Measure produced by them, was the verie true and Just measure which hath bene given owt to his Majesties Leiges by them and their prae­dicessors these fiftie or thrie-score yeeres by gone, and that the same by their knowledge hath never been altered in any sort during the tyme foresaid, and siklike declared vpon their consciences, that so far as they could trye by the most ancient and aged persons of their Burgh, that the foresaids Jedges are of great antiquitie and haue neuer bene altered or changed in any tyme by­gone: And that they never had, nor hes, any other Measure, or Iedge to their knowledge.

Which Firlot, the saids Commissioners Haue Fund, and Declared, Sta­tute and Ordeided, to be the Just and onlie Firlot which shall be received and used, by all his Majesties Lieges in all tyme comming: For metting of Wheat, Rye, Beines, Peas, Meal, Whyt Salt, and such other stuff & Victuall as before this tyme hath beine in Use to bee measured by straik Mett, within this Kingdome. The wydnes, and Breadnes, of the which Firlot vnder and above euen over within the buirds, shall contein nyne­teen Inches, and sext part inche; and the deipnes, seaven Inches, and ane thrid part of ane inche: and the Peck, halfe Peck, and fourt part Peck to bee made effeirand thereto; And the steppes of the said Firlot to be in thiknes one Inche at the least: That the Bottome thereof bee crossed with Iron nayled to the same, and to the Ring of the Firlot; and the edge of the bottome entring within the lagene bee pared outwith towards the nether-syde, and to be made in with plaine and just reul-right; That the mouth bee ringed about with ane croce or girth of Iron inwith and out­with, hauing a croce Iron barre passing ouer from the one syde to the other thrie squared, and edge doun, and a plaine syde vp, which shall goe reul-right with the edge of the Firlot, and euerie square shall be ane just Inche of breadth. And that there be ane prick of Iron one Inche in roundnes, with ane shoulder vnder and aboue and rysing vpright out of the Centre or midst of the bottome of the Firlot, and passing through the midst of the said over croce-barre, rooved both vnder and aboue.

And that the said Cowpar cause the ring-straik of the said Firlot, passe from the one end of the said over Iron barre to the other: And the same to bee brunt and sealled, with the mark of foure Crownes, vpon both the sydes of the bottome, with fyve impressions of the letter L vpon the lippes thereof. And for eschuing of fraud in all tyme comming; The saids Commissioners all in one voice but discrepance or variance, Haue tho­ught expedient Statut and Ordeined, by vertue of the foresaid Commi­ssion granted to them by the said laite Act of Parliament, That all Vic­tuall and stuff shall bee measured by straik, through all the parts of this Kingdome, in all tyme comming. And by reason that Mault, Beare, and Aites, haue euer beene used to bee measured by heape; and that by the meaning of severall praeceiding Acts of Parliament, IT hath beine tho­ught, that Heapes in proportion was the just thrid of the Firlot and Peck, So that thrie straiked Firlots, for two heaped Firlots, Sex straiked Firlots [Page] for foure heaped Firlots, was thought to bee a just proportion, the one agreable to the other. And the saids Commissioners by tryall and exa­mination hauing found that the Heape in proportion, IS not the just thrid part of the Firlot and Peck, but that there is a great difference therein, and no small praejudice both to the giver and receiver, of thrie straiked Firlots or Pecks, for two heaped firlots or pecks, and consequentlie of sex for foure, the Heape being alwayes the lesse measure as said is.

THEREFORE they haue found it expedient to cause make ane particular Measure or Firlot, for metting of Mault, Beare, and Aites, by straike, in all tyme comming, which being made and produced in their presence, and after tryall and examination thereof, Haue found the same in proportion neirest to the said Heape, so that foure straiked Measures or Firlots thereof, conteines in just proportion (and to the lesse praeju­dice of all his Majesties Lieges) foure heaped Firlots. Which the saids Commissioners hauing caused fill with cleare running water of the wa­ter of Leith, They find the same to conteine Thrittie one Pincts, of the just Sterline Jugge and measure, ilk Pinct conteining the Weght fore­said. And the same to bee in wydnes and breadnes aequall and conforme to the former Firlot, and in deipnes, Ten Inches and ane halfe inche.

Which they Find, Statute and Ordeins, To remaine as ane just Mea­sure and Firlot, to bee Used for metting and measuring of Mault, Beare, and Aittes, by straike, in all tyme comming. And that the Pecks, halfe Pecks, and fourt part Pecks thereof bee made conforme in proportione to the same last Firlot: Which new Firlot in all other respects shall be agreable in forme with the old straike Firlot aboue 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 conteining twentie ane pincts & ane mutchkin, To bee giuen out by the saids Provest and Baillyes of Linlihgow, to whose custodie the same was cōmitted of old, To the Bur­rowes and all others his Majesties Lieges for that effect, betwix the date hereof and the twentie day of Apryle next-to come. And that foure fulles of either of the foresaids Firlots conteine and bee repute to bee ane just BOLL, in all tyme cōming allenerlie. Siclyke the saids Commissioners hauing considered the great Praejudice susteined by all OUR Soveraine LORDS Lieges through the diversitie of Weghts, used within all the parts of this Realme.

THERFORE and conforme to their said Cōmission and Act of Par­liament foresaid, and for eschuing of all fraud, Haue thought expedient, Statute, and Ordeined, That there shall bee onely one Just Weght thr­ough all the parts of this Kingdome, which shall Universallie serue all his Majesties Lieges (by the which and no other) they shall buy and sell, all and whatsomever Wares accustomed to be boght and sauld by Weght als weell Foraine, as Cuntrie-Wares; in all tyme hereafter: to wit, The frensh Troys Stone Weght, conteining Sexteine Troys Pounds, in the Stone, and Sexteine Troys Unces in the Pound, and the lesser Weghts and Measures to be made in proportiō conforme therto: (And that Weght called of old the Trone weght to bee allvtterlie abolished and disharged, [Page 23] and neuer hereafter to bee received nor vsed.) And in respect that the keiping and out-giuing of the Weghts of old to the Burrowes, and others his Majesties Lieges within this Kingdome; was cōmitted to the Burgh, of Lanerk: Therefore the saids Commissioners haue committed the kee­ping and out-giuing of the said frensh Troys Stone Weght, now esta­blished, to the foresaid Burgh of Lanerk and their Successors, to be gi­ven out by them and their saids successors to the Burrowes and others his Majesties Lieges, betwix the date hereof and the First day of Maij next to come, and in all tyme comming.

And lykewayes Statuts and Ordeins, that there bee double Standards of the foresaids Firlots and Measures, and Jedges thereof, and of the for­saids Weghts, Two of euerie one of them to remaine in the Register, within the Castell of Edinburgh, and other two within the Castell of Dun­britane, therein to remaine as a warrand for the measures allenerlie. And the other in the Townes to whom they haue beine cōmitted of old as said is, to be direct foorth to the whole Lieges to be vsed Universalie. And this with­out praejudice to any persons who are founded infeft or addetted, by Tak or contract, of old or new fermes of others Measures and Weghts; but that their Foundation, Infeftment, Tack, or Contract, shall bee propor­tioned to the Measure and Weght now established, so that the same quā ­titie shall remaine with the giuer and receiuer, but praeiudice to any of them. Sicklyke haue found and declared, That the Elne and Stand ther­of committed to the keiping of the Burgh of Edinburgh, conteineth Thrit­tie seven Inches. And the Pinct Stowp, cōmitted to the keiping of ye Burgh of Sterline, conteineth the weght of Thrie Pounds seaven Unces of frensh Troys weght cleare rūning water of the watter of Leith. Which Elne, and Stowp, They Statut and Ordaine, to remaine and abyde in the same in­tegritie as they are now, and that no other Elne nor Stowp, or greater or lesse proportion conteining the said weght, shall bee receiued by none of his Majesties Leiges in any tyme comming, to buy or sell with; in any part of this Kingdome. And the halfe and quarter Elnes, and halfe quarters, and Nails: Quart, Chopin, Mutchkin, and halfe mutchkine Stowps, bee made in proportion conforme thereto. And the Burghes of Edinburgh, and Sterline, to whome the keiping thereof hath beine com­mitted of old; haue the out-giuing of the same to the rest of the Burrous and all others his Majesties Lieges to that effect, betwixt and the First day of Apryle next to come: And that they haue dowble Standards of the saids Elne, and Stowp, Two of euerie one of them, To remaine in the Register within the Castell of Edinburgh, and within the Castell of Dunbritane, for a warrand as said is: and the other with themselfes and their successors, to whome they haue beine committed of old: And that the foresaids Measures, Mets, and Weghts, with the which all and what­someuer persons shall bee holden to buy, sell, mett, measure, wegh, and deliuer, haue course allenerlie within this Realme; after the dayes resp^• after following viz. The Weghts after the First day of May next to com and the Measures of Firlots and Pecks, and the rest of that degrie, after the First day of June next thereafter, and no other Weghts, Metts, nor Measures, to bee received nor vsed in any tyme hereafter; in any part [Page] of this Kingdome, vnder the paines contained in the Acts of Parliament made thereanent: and that all Firlots to be vsed in Markets both to burgh and Land be brunt and sealed either with the marks and Sealls of Lin­lithgo in maner foresaid, or with the burning Iron of the head burgh of the shyre wherein the saids markets are holden, And that the Provest and Baillyes of Royall Burrowes, and Cities both Regalitie and Royaltie, & als the Baillyes of Burrowes in Baronnie, and Justices of Peace in what­someuer places where markets of Victuall are holden, or others Foraine or Cuntrie Wares shall be boght, sauld, and weghed, mett, and measu­red, shall be bound, That all measures and weghts to be vsed shall bee of one forme and quantitie, according to this present Act: And if any different measures and weghts be found in any of the places aboue men­tioned. The saids Provest and Baillyes of Royalties, Regalities, Baronies and Justices of Peace; shall take order therewith and if need be shalbe holden to informe the Kings Majesties Counsell thereof, that they may take order thereanent as appertaineth.

Provyding alwayes as is before provyded, if any persons bee founded or infeft, and adetted by Tak, or contract, of old or new Ferme, of mea­sures and weghts, then are before written in maner foresaid. Their foun­dation Tack or Contract, whether it be more or lesse, shall be propor­tioned to this measure and weght which now is established, so that the same quantitie shall remaine with the giver and receiver, but prejudice to any of them in maner particularlie before expressed. And because by the Provisions immediatlie before written, divers Pleyes and questions, may aryse bewix parties, receivers and deliverers, Maisters and tenents Fewers and their Superiors, anent Fermes and Victuall, and siclyk anēt other stuff and dueties, adetted and bound to be payed and delivered by weght, either by infeftments, Tacks, foundations, bandes, or contracts whatsomeuer, made before the date hereof anent the conforming and pro­portionating of the measures and weghts conteined in the saids infeftmēts Tacks foundations and others Securities foresaids, with the measures & Weghts now established, if sure notice and tryall be not taken of the just measure and quantitie of the measures and weghts which haue beine most customablie vsed and received these fiftie or thriescore yeeres bygone, within the Shirefdomes vnder-written, viz. Lanerk, Wigtoun, Drumfreis, Roxburgh, and Bervik. In the which the saids Commissioners conside­ring evidentlie the greatest diversitie of measures and weghts, from the measures and weghts now established, to bee for the most part: So that these fyve shyres being broght to the conformitie aforesaid, the rest of the Shyres within this Kingdome may be easilie reduced to the same, con­forme to this present Act.

THEREFORE the saids Commissioners, Finds it meet and expe­dient, and by these presents Statuts, Decernes, and Ordeins, That the Shiref of everie one of the foresaids fyve shyres of Lanerk, Wigtoun, Drū ­freis, Roxburgh, and Bervik; or their Deputs shall warne the Baillyes of Regalities within the same Shyres, and Steuarts of Steuartries thereof, if any bee, Justices of Peace, and Magistrates of Burrowes, To convein ilk one them within the heade Bourgh of the same Shyre wherein they [Page 24] are Magistrates, within twentie dayes after the Counsels pleasure shall be signified to them thereanent: and there not onlie to receiue and em­brace the saids measurs and weghts, from the Provest & baillyes of Linlithgo & Lanerk, to whome the keiping thereof is concredit in maner foresaid, & which are established by this present Act: But also to take tryall and cog­nition of the difference betwix the saids old measures and weghts, and the measures and weghts now established. And to appoint conclude & determine, ilkone of them within their owne bounds, what proportion lesse or more shall bee giuen and received in tyme comming, for con­forming of their Fermes and dueties 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 remaine with them for decisioun of such controversies as may aryse in those bounds hereafter, anent the discon­formitie foresaid: and to report their diligence thereanent and conclu­sion in writte authenticklie subscryved by the saids Shirefs of Shyres, Ma­gistrats of Royall Burrowes, Baillyes of Regalities, Burghs of Baronnies, and Justices of Peace; conveining within ilkane of the foresaids Shir­refdomes: And to present the same to the Lords of his Majesties Coun­sell and Session, before the first day of Julie next-to come; To the effect the same may bee delyvered to the Clerke of Register to bee insert in the bookes of Counsell (ad futuram rei memoriam.) And that none of the foresaids fyve shyres, nor no others his Majesties Lieges within this Kingdome, praesume nor tak vpon hand in tyme to come; To buy, Sell, blok bargane, contract, or sett in Tack, to, or with others, for receipt or delyverie, with any other Weght, Mett, or Measure, nor the same which now by this present Act is approoved and established. And this for re­port of the Commission aboue written, Requyring the Lords of Our So­veraine LORDS Counsell and Session, That Letters may bee direct for publication of the praemisses by oppen Proclamation at the market Croces of the head Burrowes of this Realme, and others places neidfull that none praetend ignorance of the same, Commanding and charging, all and sundrie the saids Provests and Baillyes of Burrowes and Citties, both of Royaltie and Regalitie, and also the Baillyes of Burrowes in Baronnies, Justices of Peace, and others whatsomeuer, in places where markets are holden; To put in execution this praesent Act and euerie part thereof in so farre as concerneth them, so that the same may take full effect after the dayes resp^ue foresaids: With certification to them & they faillye, they shall be called and accused, and the paines conteined in the Acts of Parliament, shall bee execute vpon them in all rigour in example of others. In witnessing of the which the saids Cammissioners haue subscryved these praesents with their hands, Day, Yeere, and Place foresaids. And Ordeins these praesents to bee delyvered to the Clerke of Register, to the effect hee may cause insert the same in the Register of Parliament.