Observations on the acts of Parliament, made by King James the First, King James the Second, King James the Third, King James the Fourth, King James the Fifth, Queen Mary, King James the Sixth, King Charles the First, King Charles the Second wherein 1. It is observ'd if they be in desuetude, abrogated, limited, or enlarged, 2. The decisions relating to these acts are mention'd, 3. Some new doubts not yet decided are hinted at, 4. Parallel citations from the civil, canon, feudal and municipal laws, and the laws of other nations are adduc'd for clearing these statutes / by Sir George Mackenzie ...

K. JAMES IV. Parliament I.

BY the twelfth Articl. Iter. Just. The Burrows had liberty to re∣pledge their own Burgesses from being upon assizes; which pri∣viledge is here regulated; but now the priviledge it self is in Desuetude; for all Burgesses are oblig'd to pass upon assizes, ex∣cept the Chirurgeons of Edin∣burgh, who have a special pri∣viledge, because of their neces∣sary attendence upon sick per∣sons.

BY this Statute all Ships must come first to free Burghs, and no Strangers can fraught Ships; but now by the 5 Act 3 Sess. 2 Par. Ch. 2. all ••urghs of Barony and Regality, may Traffick in the product of Scotland, as freely as Royal Burghs. Vid. That Act and the observ. thereon: That part of the Act discharging stran∣gers to buy Fish that is not salted, is now in Desuetude.

It was argued from this Act, in the case of the Town of Lin∣lithgow against Borrowstounness, that the Burrows Royal had the only priviledge of having all Goods Liver'd and Loadned at their Ports; and which is likewise clear by Act 88 Par. 6 Ja. 4. and by Act 152 Par. 12 Ja. 6. 2^o. Without this priviledge, the Bur∣rows were not able to pay the sixth part of the burdens laid upon them, in contemplation of their Trade, since a Clandestine Trade

without this might be carry'd on by the Burghs of Barony and Re∣gality, who, since they may retail publickly, might have the same priviledge as they, if they had likewise power to import publick∣ly. 3^o. This was most convenient for securing the Kings Customs; because where ever there is Livering allow'd, the King must have Waiters, and upon which consideration, the Magistrats of Burghs Royal are by the Acts of Parliament, appointed to assist the Kings Customers; and whereas it was pretended, that the priviledge of Commerce was inter regalia, and consequently the King might grant a free Port to any Burgh he pleas'd. 2^o. The priviledge of a free Port was different from that of Livering, and Loadning. 3^o. The Acts of Parliament cited, did only discharge Strangers to Load and Liver, which is yet more clear by the Act 120 Par. 7 Ja. 6. To which it was reply'd, that the King and Parliament, having former∣ly granted the sole power of Loadning and Livering to free Bur∣rows, it was no diminution of his power to assert, that he could not give a new grant of that to any, whereof he was formerly di∣vested. To the 2d it was reply'd, that the sole priviledge of a free Port granted by a King to a Burgh of Regality, or Barony, can extend no further, than that thereby they may have the priviledge of bringing into their Port, the Goods proper only to be sold by them. To the 3d it was reply'd, that this Act discharges Stran∣gers and others to Liver at any place, except at the Ports of Burghs Royal; and though in that 120 Act Par. 7 Ja. 6. This Act is repeated, as relating only to strangers, yet in the next line, Strangers and others are in that 120 again discharged; Likeas by the Acts of Parliament, the sole priviledge of losing and loosing, is declar'd to belong only to Burghs Royal, which in Sea-faring Terms, signifies loadning and un-loadning.

BY the Act 85 Par. 11 Ja. 3. The Rents of Churches, or Be∣nefices, whereof the King is Patron, are declar'd to belong to him sede vacante, by the priviledge of his Crown, and this was so formerly declar'd by the 7 cap. Stat. 2 Rob. 1. And Skeen there observes, that cum alicujus beneficii Ecclesiastici patronatus pertinet ad Regem terra si quae sunt ei annexa pertinent quodammodo ad Re∣gem; and therefore by this Act it is appointed, that it being de∣clar'd by the best and worthiest Clerks of the Realm, that if any Church-man received, and purchast such a Benefice at Rome, they should be punish'd and these who supplyed them; This Declaration from Clerks was requir'd, because the Secular would not meddle with Church-men in these days, till Church-men had some way de∣clar'd them guilty.

Notes

• ACT 1.
• ACT 3.
• ACT 4.