Commission by the Council, 12 January 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/61

Commission by the Council

Commission To Livetennent Caldwel anent forstallers

The Lords of his majesties privy Councill Taking to their consideration That the proclamation against Regrating of victuall and forstallers, of the date the fifteenth of November last, Hath not as yet taken Effect, And been duely observed, and it being necessary for the more Effectual Execution of the said proclamation and restraining the abuses discharged by the several acts of parliament therein mentioned. That some particular person be Intrusted and appointed to look after and take care that the said proclamation be punctualy obeyed and observed, And whom the saids Lords may Require to give ane account from time to time of his diligence in the premises. Therfore The Lords of his majesties privy Councill, Gives full power warrand and Commission To Livetennent […] Caldwell To make Inquirie and search who holds up any victuall in Girnells and does not Expose the samen to sale as the ordinary price Rules in the Countrey for the tyme, contrary to the saids Laws and acts of parliament. And to Conveen and prosecute the Transgressours Before the Judge or Judges Competent, As also To Conveen call and pursue before any of the magistrats mentioned in the said proclamation all persons whatsoever who sell by hail sale or Retaile any meal Bought in publict mercats and such who Buy any other Grain in publict mercat and sell the samen again in whole sale or Retaile in the same Kind as it is bought, and not first made in malt, or Grund in flowr, or meal, Before the sale of the samen, And also all persons whatsoever buying oats or pease, whither in publict mercats or otherways and selling the same Either in whole Sale or retaile Before they be first made in meal, Except what oats are or Shall Be bought and Retailed by the Commissaries of the army for the provision of the horse and Dragoons presently Employed in his Majesties Service, And what are or shal be bought and Retailed by the Stablers and Inn-Keepers within their own houses, with power to the said Livetennent […] Caldwell, To pursue all and any of the persons who shall Contraveen the premises in any sort, before any of the Magistrats or Justices of peace or other Judges mentioned in the said Proclamation where the Contravention is Committed and to obtain them fyned in the soume of Ten pounds scots for Each Boll of meall or other victuall sold or Retailed contrare to the said proclamation. And The Saids Lords heirby appoint and assign to him the one half of the saids fynes wherin the saids persons shall be Convict Conform to the forsaid proclamation. And Likewise to prosecute and obtain Convicted before the magistrats forsaids, all persons guilty of forstalling Contrary to the acts of parliament and forsaid proclamation. That is to say all persons who Buys victuall Coming to fair or mercat or makes any Contract or promise for buying the same before the said victuall shall be in the fair or mercat place ready to be sold or shall make any motion By word write or message for raiseing of the prices or dearer selling of the said victuall, or who shall disswade any from coming and bringing the forsaid victuall to fair or mercat. And for the said Livetennent […] Caldwell his Encouradgement, The saids Lords decerne and ordain the fynes of all persons to be Convict in Transgressing the premises to be paid in and belong to him. Viz: for the first fault fourty pounds. and for the second fault Ane Hundered merks, and for the Third fault the hail moveables of the Transgressour, And the saids Lords doe heirby Require and Command all magistrats and officers of the Law To Concur with and give their assistance to the said Livetennent […] Caldwell in the punctuall Execution of this present Commission which is heirby declared to Endure and Continue during the Councils pleasure allenarly, And to be without hinderance and but prejudice to any other person whatsoever to Inform against and prosecute and upon Conviction to uplift the fines of the transgressors of the proclamation abovementioned and acts of parliament therein specified and the other benefits therein provided. And the saids Lords heirby ordain the said Livetennent […] Caldwell to find sufficient Caution acted in their Books to Execute this Commission with all diligence faithfully without Either oppressing any of his majesties Leidges or vexing them with unnecessary pursuits or Conniving with the Transgressors of the forsaid proclamation In any Sort, And that under the pain or penalty of six Hundered pounds Scots in caice of failzie. Sic subscribitur Marchmont Cancellar, Argyle, Morton, Lauderdale Annandale, Strathnaver, Polwarth, James Stewart, James Murray.

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/61

Commission by the Council

Commission To Livetennent Caldwel anent forstallers

The Lords of his majesties privy Councill Taking to their consideration That the proclamation against Regrating of victuall and forstallers, of the date the fifteenth of November last, Hath not as yet taken Effect, And been duely observed, and it being necessary for the more Effectual Execution of the said proclamation and restraining the abuses discharged by the several acts of parliament therein mentioned. That some particular person be Intrusted and appointed to look after and take care that the said proclamation be punctualy obeyed and observed, And whom the saids Lords may Require to give ane account from time to time of his diligence in the premises. Therfore The Lords of his majesties privy Councill, Gives full power warrand and Commission To Livetennent […] Caldwell To make Inquirie and search who holds up any victuall in Girnells and does not Expose the samen to sale as the ordinary price Rules in the Countrey for the tyme, contrary to the saids Laws and acts of parliament. And to Conveen and prosecute the Transgressours Before the Judge or Judges Competent, As also To Conveen call and pursue before any of the magistrats mentioned in the said proclamation all persons whatsoever who sell by hail sale or Retaile any meal Bought in publict mercats and such who Buy any other Grain in publict mercat and sell the samen again in whole sale or Retaile in the same Kind as it is bought, and not first made in malt, or Grund in flowr, or meal, Before the sale of the samen, And also all persons whatsoever buying oats or pease, whither in publict mercats or otherways and selling the same Either in whole Sale or retaile Before they be first made in meal, Except what oats are or Shall Be bought and Retailed by the Commissaries of the army for the provision of the horse and Dragoons presently Employed in his Majesties Service, And what are or shal be bought and Retailed by the Stablers and Inn-Keepers within their own houses, with power to the said Livetennent […] Caldwell, To pursue all and any of the persons who shall Contraveen the premises in any sort, before any of the Magistrats or Justices of peace or other Judges mentioned in the said Proclamation where the Contravention is Committed and to obtain them fyned in the soume of Ten pounds scots for Each Boll of meall or other victuall sold or Retailed contrare to the said proclamation. And The Saids Lords heirby appoint and assign to him the one half of the saids fynes wherin the saids persons shall be Convict Conform to the forsaid proclamation. And Likewise to prosecute and obtain Convicted before the magistrats forsaids, all persons guilty of forstalling Contrary to the acts of parliament and forsaid proclamation. That is to say all persons who Buys victuall Coming to fair or mercat or makes any Contract or promise for buying the same before the said victuall shall be in the fair or mercat place ready to be sold or shall make any motion By word write or message for raiseing of the prices or dearer selling of the said victuall, or who shall disswade any from coming and bringing the forsaid victuall to fair or mercat. And for the said Livetennent […] Caldwell his Encouradgement, The saids Lords decerne and ordain the fynes of all persons to be Convict in Transgressing the premises to be paid in and belong to him. Viz: for the first fault fourty pounds. and for the second fault Ane Hundered merks, and for the Third fault the hail moveables of the Transgressour, And the saids Lords doe heirby Require and Command all magistrats and officers of the Law To Concur with and give their assistance to the said Livetennent […] Caldwell in the punctuall Execution of this present Commission which is heirby declared to Endure and Continue during the Councils pleasure allenarly, And to be without hinderance and but prejudice to any other person whatsoever to Inform against and prosecute and upon Conviction to uplift the fines of the transgressors of the proclamation abovementioned and acts of parliament therein specified and the other benefits therein provided. And the saids Lords heirby ordain the said Livetennent […] Caldwell to find sufficient Caution acted in their Books to Execute this Commission with all diligence faithfully without Either oppressing any of his majesties Leidges or vexing them with unnecessary pursuits or Conniving with the Transgressors of the forsaid proclamation In any Sort, And that under the pain or penalty of six Hundered pounds Scots in caice of failzie. Sic subscribitur Marchmont Cancellar, Argyle, Morton, Lauderdale Annandale, Strathnaver, Polwarth, James Stewart, James Murray.

1. NRS, PC1/51, 517-8.

1. NRS, PC1/51, 517-8.