Page:The Laws and Acts of Parliament of Scotland.djvu/397

SEXTENTH "PARLIAMENT. XV. of November. 1600, 37s Royalties , Provefts and Baillies of Burrowes , and every Barron within his awne Barronnie, fpecial Juftices to that effeft; giving them full , free and plene power to up-lift or execute the paines above fpecified againft die tranfgrellbrs of thefe prefents; the ane halfe of the faids pecunial paines to be intronietted with by diem toapperteineto OUR SOVERAINE LORD, and to be payed to his Hcighnes Thefaurer; and the other halfe to the delator and apprehender. And becaufe ane of the greateft occafions of the fcarftie of the faids Partridges and Moore-fowles, is by reafon of the great flaughter of their Pouts and yonganes: when as for youth neither are they habile to give paftyme , and for quantitie can no wyfe be ane great refrefhment. Therefore OUR SOVERAINE LORD lies difcharged all his Heighnes fubjefts whatfomever, in any wyfe to flay or eat any of the faids Moore-pouts , or of any other kyndes before the thrid day of Julie- orPartridg-pout, before the aught day of September. Alwyfe OUR SOVERAINE LORD and Eftaites forefaids , declares that this prefent aft , mall nowyfe comprehend Cunnings , Wod-cock , Plevars norwyld-Goofe, but the famine to be flane with nets , and others, ingynes not forbidden by theLawes of this Realme , and to be coft and fauld as lawfull Merchandice as of before. z^. Anent the cuftummg of goods. FORSAMEIKLE as it is underftand to the Kings Majeftie and Eftaites of this prefent Parliament , that be diverfeAfts of Parliament, Lawes and conftitutions heretofore obferved, all maner of En<diili goods broght within this Realme , are and have bene ever fubjeft , and in ufe of payment to his Heighnes of ane certaine cuftome , and duetie properly perteining to his Majeftie , as ane part of the Patrimonie ot his Crown. Lyke as alfo other forts of claith, filkes, ftuffes, and merchandice broght within this Realme from forraine Nations , are by aft of his Majefties Nobilide , Councell and Eftaites , of the date the threttehi dayofMaij, theyeareof God 1597. Ratified and approved in Parliament halden at Edinburgh in the Moneth of December, the famine yeare, fubjeft to the payment of ane certaine cuftome to his Heighnes. And the Merchants inbringers of the faids goods, aught not to lolle, breake bowk, or difpone there-upon, whill the famine bee firft entered, then marked, and dewlie cuftomed by the Cuftumer appoynted diereto. Notwithftanding die cuftome of the faids goods are very far over-fene, to the great hurt and difcommoditie of his Majeftie , in refpeft there is na feall appoynted to be hanging , to the faids goods , according to the ufe and confwetude obferved in other Nations , whereby die goods cuftomed , could nowyfe be kna wne by the uncuftomed goods. And fa by their confufion the Merchants , awners and inbringers ot the faids goods , im- mediatly after the arry ving and comming of the faids goods within this Realme, lolles, breaks bouk, felles and conceales the famine; and never oners nor prefents na part thereof to be cuftomed , conforme to the ordour, to the great prejudice of his Heighnes: whilk being now confiddered by his Heighnes, his faid Nobilitie , Councell and Eftaites, and they finding that by the want of the faid feall, his Majeftie is , and lies bene greatly defrauded of his cuftomes. Ordeines therefore the haill Cuftumers within this Realme , to caufe make ane print, feall, and ftamp of feall conteining twa halfes for every Burgh and fea-port within this Realme , where there are eftabliilied cuftumers; the ane halfe thereof conteining JACOBUS REX, with his Heighnes Armes and Crown; and the other halfe the name of the Burgh where the famine lliall remaine. Whilk feall & ftamp mall be applyed to lead,& being fo ftricken and printed with the faid ltatn p ,fhall be hanging to every wob, peece and fteik of claith , filk and ftufFof whatfomever Nadon that here-after iliall be broght within this Realme by fea or land, before the famine be prefented to open markets, fauld or any wyfe difconed upon. And the ane halfe of the faid feall to be keeped by the Cuftumer , and the other haife by the Clerk of the Cocquet. The awners of the faid claith, filkes and ftuffes payand the cuftume thereof. And to the effect the claith, filkes and ftuffes prefentlie being within this Realme, may be knawne and decerned from that whilk hereafter iliall be broght within the famine. It is alfo decerned andordeined, that the Cuftumer of every Burgh and fea-port , iliall repaire to the dwelling houfes and buiths within every ane of the faids Burghs and Ports where they are particularlie appoynted Cuftumers , and there receave the eathes of the awners , of fik peeces, fteiks and wobs of claith, filkes and ftuffes as are therein; whither the famine lies payed the cuftume thereof or not. And fik as lies not payed cuftume, that the famine be then inftantlie payed, and the faid feall in token thereof hanging thereto, and to all odiers peeces, fteikes and wobes whilks mail be apprehended widiin the faids buithes and houfes , whereof the cuftume lies bene payed of before , upon the expenfes al- wyfe of the faid Cuftumer. And that the awners of the faid claith and fluffs , requyre the Cuftumers withiri every Burgh and Port particularlie to repaire to the faids buidis and houfes,to this effect, within fourtene dayes after the publication hereof: And farther, to doe and performe all other things whilks to every ane of them is appoynted to be done in maner forefaid , under the paine ot confifcation of all the peeces , wobs and fteiks of claith and fluffy that fliall be apprehended thereafter wanting the faid feall . And that na maner of perfons, in- bringers of the faids claith, filk and ftufFwithin this Realme in tyme comming, prefume nor take upon hand.to fell nor difpone upon the famine , nor na part thereof, unto the tyme the famine be prefented to the Cuftumers within the cuftume-houfes , the cuftume thereof payed , and the faid feall in token thereof, hanging to every particular peece of the famine, as faid is , under the paine of efcheating of the famine. Certifying them if they failyc that all and whatfomever wobs , fteiks and peeces whilks ihall be apprehended wanting the laid feall, fliallbcconfifcatand intrometted with to his Majefties ufe as efcheat, with all rigour and extremitie F f f 2. in