or shall counterfeit the fame, fuch person or persons so offending fhall respectively forfeit the fum of five pounds sterling, or suffer fix months imprisonment, if found infolvent.

VI. And be it further enacted by the authority aforefaid, Weavers to That all weavers, and fuch other perfon or perfons, as fhall carry their work and make ferges for fale as aforefaid, thall and they are ftamp-office to ferges to the hereby required to carry, or cause the fame to be carried to the be fealed. ftamp-office, there to be inspected and fealed by the stamp or feal-mafter, to whom they shall pay the fum of one fhilling of Scoth money for fealing or ftamping of each piece, and no more, The price of and half-part thereof for any half-piece; and if any perfon or fealing. perfons whatsoever fhall fell and deliver, buy and receive, tranf port or export, or expose to fale, any fuch ferges, without having a stamp so affixed thereto, shall forfeit and pay the fum of twenty fhillings fterling; and the goods fo found without the Serges not ftamp fo affixed, fhall alfo be confifcated, the one moiety fhall fealed forfeitgo and be to the informer, and the other moiety to the ufe of ed, and 20 s. the ftamp-office, to be difpofed of as the magiftrates shall direct

and appoint.

conformable

VII. And be it further enacted by the authority aforefaid, Penalties on That if any weaver or weavers, or other person or perfons what- weavers workfoever, fhall make, work, or caufe to be made or wrought any ing ferges not of the ferges before mentioned, not conformable, or contrary to to thefe reguthe regulations and restrictions aforefaid, and shall offer the fame lations. to be sealed, the owners of such ferges fo offered to be sealed, fhall refpectively forfeit and pay the fum of twenty fhillings fterling, and the faid ferges fo offered to be fealed, fhall be confifcated, and fhall be difpofed of in fuch manner, and to fuch ufes, as the faid juftices, or any two or more of them, or the faid magistrates fhall order and direct; and fuch weavers or manufacturers, as fhall make fuch ferges, or caufe the fame to be made, fhall also pay the value of fuch ferges fo made, to the owners thereof refpectively, befides the fum of twenty fhillings terling directed to be paid as a fine as aforefaid.

VIII. And be it further enacted by the authority aforefaid, Deans of gilds That the deans of gilds of the feveral head boroughs of the fole judges in refpective counties fhall, and they are hereby appointed to be theirboroughs. the fole judges within the respective boroughs; and the faid the proprieAnd they and dean of gild, with the heretors or proprietors of all and every tors of fairs publick fair or market, or any having their authority, are here- jointly judges. by declared jointly judges of the offences committed against this prefent act; and in default of the faid dean of gild, or of the faid master of the fair and market, or their deputies, that either of the faid judges fhall be fole judges of fuch offence committed in fuch places, villages, fairs and markets, where the said ferges shall be vended or exposed to fale as aforefaid, to and for all and every the intents and purpofes hereby fpecified and contained touching the fame.

IX. And be it further enacted by the authority aforefaid, Weavers not That all weavers, and other workers and makers of fuch ferges working acas aforefaid, for fale, who fhall neglect to work or make the faid cording to thefe regula

ferges

ions, or not bringing the ferges to the ftamp-office, or not paying the penalty,

the fine may

be levied by diftrefs, or imprisonment for three months.

Merchants altering the

number of

each piece, forfeit 51. for each piece.

ferges according to the regulations aforefaid, or fhall neglect or refufe to bring the fame to the ftamp-office to be fealed, as is hereby directed, and fhall be thereof convicted by the oaths of two or more credible witneffes, or by the oath of the perfon profecuted, as the judge or judges fhall fee caufe, and fo fhall be convicted of any of the offences aforefaid, or refuse or neglect to pay any penalties and forfeitures by him incurred, by reafon or means of this prefent act, then it shall and may be lawful to and for the judge or judges refpectively, before whom such conviction fhall be made, (and fuch judge or judges are hereby required) to iffue out one or more warrant or warrants, under his or their hands and feals, to the refpective officer or officers, or to the conftable of the town or place where fuch offender doth inhabit, or can be found, within the limits of their refpective jurifdictions, to levy the fame by diftrefs and fale of the offender's goods, returning the overplus (if any be) to the offender, and in cafe no fuch diftrefs can be found, it fhall and may be lawful to and for fuch judge or judges to commit the offender to the house of correction, or gaol of the county or corporation, there to detain and keep fuch offender or offenders for and during fuch time, as the judge or judges before whom such conviction fhall be made) fhall direct and appoint, not exceeding the space of three months for any one offence.

X. And be it further enacted by the authority aforefaid, That if any merchant, or other perfon whatsoever, in any county or royal borough within that part of Great Britain called Scotland, ells marked on hall before or at the time of tranfporting any ferges, pladding, or fingrums, whether to foreign ports or coaftwife, cancel or alter the number of ells marked upon each piece, according to the fettled ufe and practice concerning the fame, every fuch offender, for each piece of ferge, pladding or fingrum, whereof the mark shall be so cancelled or altered, shall forfeit the sum of five pounds fterling, one moiety to the informer, the other moiety to his Majefty, his heirs or fucceffors, to be recovered in the fame manner, as the other penalties inflicted by this act, or by the said recited act of the fixth year of his Majesty's reign, are to be recovered, or fhall fuffer three months imprisonment for every fuch offence, if infolvent.

Fingrums

&c. excepted.

XI. Provided alway, That nothing in this act contained shall made in Aber- be construed to make any alteration in the lengths or breadths deen, Bamf, of the ferges, commonly called fingrum and fingrum-wheeling ferges, manufactured in the fhires of Aberdeen, Bamf or Murray, but that the same shall remain as they are fettled by former laws and acts of parliament; any thing in this prefent act contained to the contrary notwithstanding.

XII. Provided always, and be it enacted, That the penalties and forfeitures incurred or inflicted for any offence against this act, shall be sued for and profecuted within fixty days after the offences fhall be committed or difcovered, and not afterwards; any thing herein contained to the contrary notwithstanding.

CA P. XIX.

An act for explaining the law concerning the trial and admiffion of the ordinary lords of feffion.

W

HEREAS the nomination and appointment of the lords of the court of feffion in Scotland, is an inherent prerogative of the crown, and his Majefty is most defirous that none should be lords of feffion, but perfons of known probity and understanding in the laws, and fuch as are duly qualified according to the feveral ftatutes for that purpose made; therefore, for the attaining of these good ends, and for the more plain and easy execution of the laws in this behalf already made, be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That When an orwhen any ordinary place fhall be vacant in the said court of fef- dinary place fion, the King's majefty, his heirs and fucceffors, fhall nomi- fhall be vacant nate and appoint thereto a perfon qualified according to an act in the court of feffion, the made in Scotland in the fixth parliament of King James the Sixth, King is to nointituled, Anent the admiffion of the ordinary lords of the feffion, and minate a perreformation of certain abufes therein; and according to another fon qualified. act made in Scotland in the twelfth parliament of King James the Sixth, intituled, Anent the jurisdiction, prefentation, qualities and age of the lords of feffion; and according to the articles of union of the two kingdoms of England and Scotland; and the The qualificaqualifications of such person fo nominated and appointed, may tions to be exbe examined, and fhall be tried by the ordinary lords of the amined by the court of feffion only; and if the perfon so nominated fhall on ordinary lords fuch examination be found duly qualified according to the act and articles aforefaid, then they fhall forthwith admit and receive him to fuch ordinary place; but if on fuch examination If they object the faid ordinary lords of feffion shall be of opinion, that there to the qualifications, they is just ground to object to the qualifications of the perfon nominated as aforefaid, in every fuch cafe the faid lords of feffion are mit the mathereby required with all convenient speed, to tranfmit and cer- ter to the tify the whole matter to his Majefty, his heirs and fucceffors, King. in order that the royal pleasure may be finally had thereupon; and if his Majefty, his heirs and fucceffors fhall afterwards fig- If the King nify under the fign manual the royal will and pleasure, that the fignify that the person so nominated shall be admitted and received into the faid perfon fhall be received, the place, in fuch case the lords of feffion are hereby required lords fhall adforthwith to admit and receive him accordingly: but if his Ma- mit him. jefty, his heirs and fucceffors, after fuch examination as aforefaid, fhall fee caufe fufficient not to admit the person fo nomi- But if the King fee caufe nated, it shall and may be lawful for his Majefty, his heirs and not no admit fucceffors, from time to time, to nominate fome other perfon him, he is to in manner aforesaid, still subject to fuch examination and final nominate andetermination concerning the fame, as is herein before enacted other. and declared.

only.

are to tranf.

II. And be it further enacted by the authority aforefaid, That When the four whenever the places of the four prefent extraordinary lords of prefent extraordinary lords

feffion,

become ya

cant, no pre

fentation fhall be made by

the King to supply such vacancy.

:

of feffion fhall feffion, or the place or places of any one or more of them, at any time or times hereafter thall become vacant, no presentation or nomination of any perfon or perfons whatsoever fhall be made by his Majefty, his heirs or fucceffors, to fupply fuch vacancy or vacancies and if any fuch prefentation or nomination fhall at any time hereafter happen to be made, the fame is hereby declared to be null and void; any thing to the contrary thereof contained in an act made in the fifth parliament of King James the Fifth, concerning the authority of the chancellor and lords, or any other law or statute to the contrary thereof in any wife notwithstanding.

Reciting the patent of H. 8.

to the college of phyficians.

CAP. XX.

An att for the better viewing, fearching and examining of
all drugs, medicines, waters, oils, compofitions, ufed or to
be used for medicines in all places where the fame shall be
expofed to fale, or kept for that purpose, within the city of
London and fuburbs thereof, or within feven miles circuit
of the faid city.

W

HEREAS King Henry the Eighth, by his letters patent under the great feal, bearing date at Westminster the twenty third day of September in the tenth year of his reign, for the common wealth of this realm, in due exercifing and practising of the faculty of phyfick, and good miniftration of medicines to be had, did erect, found and establish a college, commonalty or incorporation of phyficians in the city of London, to be, remain and have existence for ever; and by the fame letters patent did further give and grant unto John Chambre, Thomas Linacre, Ferdinando de Victoria, Nicholas Halfewel, John Francis and Robert Yaxley, then learned, difcreet and profound practifers in the faculty of phyfick in the faid city of London, that they and all of the faid faculty of phyfick of and in the faid city, fhould for ever thenceforth be in name and deed one body, and perpetual commonalty or college; and further by the fame letters patent did give and grant unto the faid college and commonalty full power, ability and authority for ever, annually to elect and make one of the faid college or commonalty to be prefident of the faid college or commonalty, for the taking care and governing thereof for that year; and that the fame prefident, college or commonalty Should have perpetual fucceffion, and a common feal for the fervice of the faid prefident and commonalty for ever; and by the fame letters patent did also further give and grant unto the faid prefident, college and commonalty, and their fucceffors, that they the faid prefident, college or commonalty, and their fucceffors, might lawfully, and without danger, make among themselves lawful affemblies, and ftatutes, and ordinances, for the good government, overfeeing and correcting of the faid college or commonalty, and of all men exercifing the fame faculty in the faid city, or within feven miles circuit thereof, as neceffity fhould require, when and as often as there fhould be occafion; and that none should exercife the faid faculty in the faid city, or within seven miles circuit thereof, unless licensed thereunto by the faid prefident and

com

tommonalty, or their fucceffors for the time being, by the letters of the fame prefident and college, fealed with their common feal, under the penalty of one hundred fhillings for every month in which he Should exercife the faid faculty, without being fo licensed, half thereof to be applied to his faid Majefty and his heirs, and half to the faid prefident and college; and by the fame letters patent did further grant, That four perfons should every year be chofen by the faid prefident and college for the time being, and their fucceffors for ever, who should have the fupervifing and fearching, correcting and governing of all and every the phyficians of the faid city using the faculty of phyfick in the fame city, and other foreign phyficians whomfoever, in any manner using and practising that faculty of phyfick within the said city and the fuburbs thereof, or within feven miles circuit of the fame city, and the punishing of them for their offences in not well executing, practising or using that faculty; and also the fupervising and fearching of all manner of medicines, and the receipts thereof, to be given, adminiftred and applied by the faid physicians, or any of them, to the faid King's fubjects, for the curing and healing of their infirmities, when and as often as there should be occafion, for the benefit and advantage of the faid fubjects, fo that the punishment of fuch phyficians, ufing the faid faculty of phyfick, so offending in the premises, might be executed by fines, amerciaments, imprisonments of their bodies, and by other fit and reafonable ways: and whereas in the parliament held at London the fifteenth day of April in the fourteenth year of the reign of the faid King Henry the Eighth, and from thence adjourn 14H. 8. c. §. ed to Westminster the last day of July in the fifteenth year of the reign of the fame King, and there held, reciting, That forafmuch as the making the faid corporation was meritorious, and very good for the commonwealth of the realm, it was enacted, That the faid corporation of the faid commonalty and fellowship of the faculty of phyfick aforefaid, and all and every grant, articles and other thing contained and specified in the faid letters patent, should be approved, granted, ratified and confirmed in the fame parliament, and clearly authorized and admitted by the fame good, lawful and available to the faid body politick, and their fucceffors for ever, in as ample and large manner as may be taken, thought and conftrued by the fame: and whereas by one other act of parliament made in the thirty fecond year of the reign Recital of act of the faid King Henry the Eigth, intituled, For phyficians and 32 H. 8. c. 49, their privileges, it is amongst other things enacted, ordained and established for the common wealth and furety of the fubjects of this realm, That the prefident for the time being, commons and fellows of the faid corporation, and their fucceffors, might yearly, at fuch time as they should think most meet and convenient for the fame, elect and choose four persons of the faid commons and fellows of the best learned, wifeft and most difercet, fuch as they should think convenient, and have experience in the faid faculty of phyfick, and that the faid four persons so elected and chofen, after a corporal oath to them miniftred "by the faid prefident, or his deputy, should and might, by virtue of that act, have full authority and power, as often as they should think meet and convenient, to enter into the house or houfes of all and every apothecary then, or at any time then after, using the mystery or

craft