Act, 27 December 1694, Edinburgh

Att Edinburgh the threttienth day of March J^aj vi^c nyntie four years post meridiem

A1694/3/30

A1694/3/30¹

Proclamation

Proclamatione Anent the horses and arms as such as refuse the oaths

William and Mary by the Grace of god King and Queen of Great Brittaine France and Ireland defenders of the faith To our Lyon King at arms and his brethren heraulds Macers of our privie Councell pursevants messengers at arms our shirreffs in that part Conjunctlly and severallie speciallie Constitut Greeting Forasmuch as by the sixth Act of the fourth session of our Current parliament It was statut for a further securitie to the protestant religion and our government in this present exigence That both the persons therin particularly specified and all other persons whither ranked in the said Act or not who shall not suear the oath of alleadgance and subscribe the same and assurance subjoyned to the said Act should not be alloued to keep any horses above a hundred merks scotts or any sort of arms more then a walking suord Certifying such as shall be found to have horses and arms Contrary to this provisione aither in their oune or in the keeping of others That both the ouner and the Keeper shall Incurr the penaltie of one Thousand merks scotts The one halfe to the Informer and the other to us And the Lords of our privie Councill are authorised and Impoured to take such farder effectuall methods for disarming these persons and seising of their horses above the forsaid value as they shall Judge necessary And we being resolved that the forsaid Act be effectuallie putt to executione Doe therfore with advyce of the Lords of our privie Councill Command and charge all persons of whatsoever Degree or rank without exception who have not already qualified themselves by deuly suearing and subscribing the forsaid oath of alleadgance and subscribing the forsaid assurance or who shall not qualifie themselves by suearing and subscribing as said is before the shirreffs steuarts Baillies Justices of peace or other Judges ordinary of the Jurisdiction within the which they Live or their deputes betuixt and the third and Eleventh dayes of Apryle nixt viz These on this syde of the water of Tay betuixt and the said third day And these on the other syde betuixt and the said Eleventh day And report ane authentick Certificat therof subscribed by the said Judge and his Clerk to delyver up all their horses above the forsaid value of a hundred merks the head whither in their oune keeping or in the keeping of any others with all sorts of arms that they have aither in their oune keeping or in the keeping of others more then a walking suord betuixt and the forsaids dayes to the same Judge at the tolbooth of the head burgh of the forsaid Jurisdiction within which they Live which horses and arms so Delyvered are to be rouped by the said Judge the first mercat day therafter to the best availl and the pryce is to be given to the delyverer and ouner forsaid Certifying all such as shall Contraveen and not give readie obedience heirunto keeping aither their oune or other mens horse or arms Contrary to the provision forsaid betuixt and the forsaids dayes they shall Incurr the forsaid penaltie of ane Thousand merks The one halfe to us and the other halfe to the Informer and that over and above the Loss of the horses and arms with this provision nevertheless that the saids horses admitted as above are also to be rouped to the best availl In manner aboveprescribed and the price reckoned and Compted in part of payment of the forsaid penaltie pro tanto And It is heirby declared that it shall be sufficient for the Informer to Challeng the keeper of the said horse or arms Contrary to the forsaid act And to Conveen them summarlie upon a charge of six dayes before the Judge ordinary of the bounds And to referr if he think fitt the forsaid having or keeping to their oaths Instead of all further probatione wherupon Decreit shall be pronunced unles the forsaid authentick Certificat be produced uithout farder delay And we uith advyce forsaid Discharge all Advocation or suspension to be given in the premisses upon any pretext And farder doe heirby Requyre all the forsaids shirreffs baillies Justices of the peace and other Judges ordinary and their deputs to make dilligent Inquyrie uithin their respective bounds for the saids horse and arms and the keepers and havers therof Contrary to the forsaid act and to Cause execute the same against them as they uill be ansuerable to us upon their highest perrill Our will is heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat crosses of the remanent head burghs of the severall shires of this our antient kingdome And ther In our name and authority by open proclamatione make publication heirof That none may pretend ignorance And ordains these presents to be printed Given under our signet at Edinburgh the threttienth day of March and of our reigne the fifth year 1694 sic subscribitur Tueeddale cancel: Melvill p:s: Southerland Linlithgow Leven Annandale Forfar Tarbat Raith Ross