Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

Imposition upon the Pint of Ale.

QƲaeritur, If the Gift of the Town of Edinburgh and other Burghs, of Two Pennies upon the Pint of Ale, or Two Merks upon the Boll of Malt, may be questioned by any concerned, upon that ground, that be∣ing a burden upon the People it could not be laid upon them, without con∣sent of Parliament? Answer. It is thought, it may be questioned. 1. For the reason foresaid, being the fundamental of the Liberty of the People. 2. The whole Countrey is concerned, and has prejudice thereby, In re∣spect that they who dwell within the Lothians, will suffer as to the price of their Bear; which will be less in consideration of the said burden of Two Merks upon each Boll, and consequently the whole Countrey will be prejudged; The price of the Bear in Lothian being the standart almost of the whole Countrey, Edinburgh being Communis Patria; And the Drink upon that occasion being both worse and dearer: And the Shires of Lo∣thian having concurred they came, in end, to a condescendence, that the Town should be obliged never to desire the like: And it is thought, that the Gift, both in passing at the Exchequer, and ratification thereof in Par∣liament, was so qualified. 4. A Bond was given by the Town to that purpose to the Colledge of Justice, and also to the Shires, and both were trusted to one of the Commissioners for the Shires to be keeped; and, it's informed, was given back by him viis & modis, 5. The pretence of Debts, and alteration of the way of living of the Magistrates is frivolous, Seing the Town ought not to Contract Debts, the Magistrates being only in effect Curatores; And the King could not lay a Burden upon the Coun∣trey for payment of his own Debts; and the Debt of the Town is no less than it was formerly before the first Gift: and the Magistrates should not live upon what is given to the Town. 6. As to the pretence of his Maje∣sties Prerogative; it is against Law, and the common stile of the Chance∣ry, which should not be altered; and His Majesty doth make use of his Prerogative to remitt the rigour of Law, but not to give Illegal Grants, rei alienae, to prejudge and Burden others: And therefore such Grants are ever understood Salvo Jure, and to be periculo petentis. 7. The dis∣pensing

with the former Bond is of dangerous consequence; His Majesties Prerogative being never against Justice; and for taking away the Bonds and Rights granted to the People, without their own consent: otherways there should be no security for Liberty and Property.