04 Scottish Bueghal Life, 



taymknt of the bailies — customs of wine and salt. 



The work of criminal jurisdiction appears to have been left 

 to the bailies. The dispenser of justice was considered not un- 

 worthy of his hire, and that hire took a very curious form. The 

 Provost, Bailies, Council, and " haill communitie," assembled on 

 the 18th of April, 1594, did statute and ordain "that ilk bailie 

 and the common clerk of the town shall have, now and in all 

 tymes cuniing, at ilk meltat, [^I'.e., meal], viz., at dennar and 

 supper, aoe quart of wyne of ilk schip that cummis within this 

 port with wyne, so lang- as the schip is in leiffing- thairof, conforme 

 to auld use and wont." Following upon this we have orders of 

 the court upon protesting shippers to deliver over to each Bailie 

 and the town clerk two quarts of wine for each of four days 

 occupied in discharging the cargo, and decisions that burgesses 

 of the town as well as strangers are liable for the impost. The 

 magistrates and burgh officers were also entitled by old custom 

 to a duty in kind on imported salt and on victuals generally. 

 This is incidentally disclosed in a minute of 5th October, 1597 : 



"The quhilk day the Provost, Bailies, Counsall, and com- 

 munitie of the said burgh, understanding that the bailzeis of the 

 said burgh and officiaris of the same are diminishit of ane pairt of 

 the old custonie salt, has thairfoir statute and ordaint that the 

 balyeis present and to cum, ilk ane of thame, sal half for thair 

 fyall [salary] yeirlie the soum of v. lib. [£5] ; and appointis and 

 ordains the officiaris to haif eqly [equally] amangis them, of ilk 

 persoun that beis chargit in the tolbuithe, iijs, iiijd. [3s 4d] for 

 trnbil or uther occasioun, for thair fyall. But [without] prejudice 

 awayis [always] to the peck of victuall appoint for thame for ilk 

 boit [boat] that cummis in with victuall." 



This arrangement had not, however, been satisfactory, and a 

 year later an attempt was made to put things on a better footing 

 by making the hard-worked bailies a present of the fines — " un- 

 laws " they are called — which were recovered, and in considei'a- 

 tion of this they were to give up their £5 salary. The minute 

 bears that they were to receive " the unlaws of all bluids, bluid- 

 wytes [terms descriptive of assault to the effusion of blood], 

 unlaws of straikis [common assaults, I suppose], deforcements, 

 disobedience of magistraitis or officiaris in thair office, or injurious 

 speichis to bailies or sik lik." This is a curious and comprehen- 



