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King IAMES the second Parliament 13.
THis putting the Kingdom in a posture of Defence, was for∣merly ordain'd, Stat. Will. cap. 23. Stat. 1. R. 1. cap. 27 But all these Acts are now in Desuetude; and the Act concerning the Militia, is regularly come in their place; but yet the King may call for either, vid. observ. on 4 Act 1 Par. Ja. 1. By the Kings Letters, by Bailis is mean't Letters to raise Fire or Takenings for ad∣vertising the Countrey. By Out-hornes, is mean'd these who follow'd the Sheriffs, and whose Office it was to raise the Kings Horn, for warn∣ing the Countrey to assist the Kings Officers.
THis Act contains what is fit to be done in time of Pestilence, and because it was an Affair to be Govern'd by Christian Charity; therefore the Regulation of it was referr'd to the Cler∣gy; and upon this account it is, that the Act says, The Clergy thinks, without speaking of King or Parliament, it being ordinary in our Acts of Parliament, to set down the report, without drawing it into the formality of an Act of Parliament, and thus in the 91, and 92 Acts, Parl. 13 Ja. 3. It is said, The Lords thinks it expedient, by which word, Lords, must be interpreted Lords of Articles
THere was of old Distresses taken from such as came to Fairs, that is to say, some thing was taken to be a Surety for their good behaviour, and was deliver'd back at the end of the Fair, if the Owners committed no wrong, during the Fair.
THis Act is only to be interpreted of the Fees due to the great Constable of Scotland, who is now the Earl of Errol, for he only can exact, during the time of Parliament; but yet that Exacti∣on by him at Fairs, in time of Parliament, is in Desuetude; and other Constables have Fees, which they exact in time of Fairs, by special Infestment, as the Constable of Dundee; and it is obser∣vable from this Act, that a long Custom of exacting Fees and Customs from the people, is not Warrantable, except either that old Custom be founded upon an old and express Infestment, or warranted by an Act of Parliament.