Proclamation, 15 November 1698 (pm), Edinburgh

Decreet, 29 December 1698, Edinburgh

[At Edinburgh 15 November 1698] Eodem Die post meridiem

A1698/11/161

Proclamation

Proclamation Against Regraters and forestallers of victuall

The Proclamation following being Read, was votted approven and signed and ordered to be Recorded. Whereof the tenor follows:
William By the Grace of God King of great Brittain France and Ireland defender of the faith To […] Macers of our privy Concill, messengers at arms our sheriffs in that pairt conjunctlie and severallie specialy constitute Greeting. Forasmuchas By severall acts of parliament The Keeping of victuall To a Dearth is strictly prohibited and particularly It is Statute by the Acts James Second Parliament Sixth Caput Twenty Two and Twenty Three That for the Eschewing of Dearth, Sheriffs Bailifs and other officers both To Burgh and To Land, Enquire what persons buys victuall and holds it to a dearth. and That the said Sheriffs and officers make such Known. That in caice they hold more victuall then will Sustain them and their meinzie To new Corn, they may be punished and demeaned as occorers and usurers and the victuall Escheated to us, and that the same be presented to mercats and sold as the price goes. And by the Acts James Second parliament Nynth Caput Thirty Eight and Thirty nynth. It is ordained That no manner of Victuall shall be holden in Girnells by any man to a dearth but allenarly what is needfull for their own persons and the Sustentation of their Housholds and That the saids persons present, all that they have more to the mercat under the pain of Escheat thereof. As Likeways The Crime of Fore-stalling is forbidden by several acts and Statutes and particularly by the Act James Sixth parliament Twelfth Caput one Hundered and Fourty Eight It is Declared That who Buys any merchandize or victuall coming to fair or mercat or makes any Contract or promise for Buying of the Same, Before the said merchandize or victuall shall be in the fair or mercat place, ready to be sold. or shall make any motion by word write or message for raising of the prices or dearer selling of the said merchandize and victuall or who shall disswade any from coming and bringing the forsaid merchandise and victuall To fair or mercat shall be Esteemed and Judged a fore-staller. And It is ordained That all such fore-stallers may be pursued before the Justices or Magistrats of Burghs and that without a special Lyble but only upon fore stalling in Generall, and the persons Convict to be fyned for the first fault in fourty pounds and for the second in ane Hundered merks and for the Third to Incurr the Tinsell of moveables. And seeing Through the not due observance and Execution of the forsaids acts The Calamity of the Countrey. By the present scarcity and dearth is greatly increased. Therfore wee with Advice of the Lords of our privy Councill, Have thought fitt to Revive the same and ordains them to be put to Strict Execution. And for that Effect to Impour and Require all sheriffs of shires Stewarts of Stewartries Lords and Bailies of Regalities and their Deputs magistrats of Burghs. As Likewise all Commissioners of supply and Justices of peace, To cause Inquire and search to be made who holds up any victuall in Girnells contrair to the forsaids forsaids2 Laws. and to Command and Charge the Keepers up of the said victuall in Girnells or other ways contrair to the said Statutes. To Bring and Expose the same for sale in open and ordinary mercats or other ways to open their Girnells or other houses where there victuall is Kept. and there sell the same as the saids sheriffs stewarts of stewartries Lords and Bailies of Regalities and their deputs and Magistrats of burghs or any two of the saids Commissioners of Supply or Justices of peace shall find the ordinary price To Rule in the Countrey for the tyme with Certification if they failzie therein. They shall be proceeded against And the pains of the forsaids acts of parliament Execute upon them with all Rigour. And in the mean tyme the victuall Girnelled and unlaufully Kept up as said is, arrested and sequestrat by the forsaid sheriff and others as Escheat. And further Wee with Advice forsaid prohibite and discharge any person whatsomever, To Buy meal in publict mercats But only for private use and no ways to be sold again by whole sale or Retail. And Likeways to buy any other Grain in publict mercat to be sold again in whole sale or Retail in the same Kind as it is bought But Either for the private and particular use of the Buyer or to be first made in malt, or ground in flower and meal before the sale of the samen. As also we with Advice forsaid peremptorly discharge and forbid all persons whatsomever Buying oats or pease whether in publick mercats or otherways To sell the Same either in whole sale or Retail unless they be first made in meal. Except what oats are or shall be bought and Retailed by the Commissaries of our army for the provisions of the horses and Dragoons presently Employed in our Service, and what are or shall be bought and Retailed by Stables and Inn: Keepers within their own houses. With Certification That such as shall Contraveen the premises in any sort may be Conveened and pursued at the Instance of any person whatsomever, Before any of the Magistrats or Justices of peace or other Judges abovenamed where the Contravention is Committed and upon conviction are to be fyned and made Lyable in the soume of Ten pounds scots for each Boll of meal or other victuall sold or Retailed contrair to this present proclamation And decerned to pay the one half to the Informer and the other half to the Judge before whom the Contraveener shall be pursued and convicted. Declaring nevertheless That it shall be Leisom and Laufull To Transport oats bought Benorth the River of Tay from that side thereof To the south side of the same and to sell the saids oats Either by wholesale or Retail at any place or mercat upon the south side of the said River. for privat use or to be made in meal allenarly without being subject and lyable to the Certificationes and penalties above Exprest. And Lastly wee with advice forsaid Command and charge all Magistrats of Burghs and other officers of the Law To take care That all mercats and fairs be duely Regulat conform to the Laws without Extortion and to cause put the forsaid acts of parliament To due and vigorous Execution Certifieing the saids sheriffs magistrats and other Judges abovenamed who shall fail in their duty anent the premisis That upon Information given to the Lords of our privy Councill, They shall be therfore severely and Exemplarly punished. Our Will is Heirfore And wee charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat cross of Edinburgh and Remanent mercat crosses of the whole head burghs of the severall Shires and Stewartries within this Kingdom and therat in our name and authority make publication of the premises That none may pretend Ignorance. And ordains our sollicitor to Transmitt Coppies heirof To the Sheriffs and Stewarts of the severall shires and stewartries or their Clerks. To the Effect the same may be published at the mercat Crosses And Thereafter be Transmitted to the ministers in the severall paroch-Churches within their Respective Bounds. And Appoints The saids ministers to cause Intimate the same at their several parish churches at any tyme betwixt and the First of December next for all paroches on this side of the River of Tay and Betwixt and the fifteenth day of the said moneth for all paroches on the other side of the said River. And ordains these presents to be printed and published in manner forsaid. Given under our Signett att Edinburgh The Fifteenth day of November and of our Reign the Tenth year 1698.

[At Edinburgh 15 November 1698] Eodem Die post meridiem

A1698/11/161

Proclamation

Proclamation Against Regraters and forestallers of victuall

The Proclamation following being Read, was votted approven and signed and ordered to be Recorded. Whereof the tenor follows:
William By the Grace of God King of great Brittain France and Ireland defender of the faith To […] Macers of our privy Concill, messengers at arms our sheriffs in that pairt conjunctlie and severallie specialy constitute Greeting. Forasmuchas By severall acts of parliament The Keeping of victuall To a Dearth is strictly prohibited and particularly It is Statute by the Acts James Second Parliament Sixth Caput Twenty Two and Twenty Three That for the Eschewing of Dearth, Sheriffs Bailifs and other officers both To Burgh and To Land, Enquire what persons buys victuall and holds it to a dearth. and That the said Sheriffs and officers make such Known. That in caice they hold more victuall then will Sustain them and their meinzie To new Corn, they may be punished and demeaned as occorers and usurers and the victuall Escheated to us, and that the same be presented to mercats and sold as the price goes. And by the Acts James Second parliament Nynth Caput Thirty Eight and Thirty nynth. It is ordained That no manner of Victuall shall be holden in Girnells by any man to a dearth but allenarly what is needfull for their own persons and the Sustentation of their Housholds and That the saids persons present, all that they have more to the mercat under the pain of Escheat thereof. As Likeways The Crime of Fore-stalling is forbidden by several acts and Statutes and particularly by the Act James Sixth parliament Twelfth Caput one Hundered and Fourty Eight It is Declared That who Buys any merchandize or victuall coming to fair or mercat or makes any Contract or promise for Buying of the Same, Before the said merchandize or victuall shall be in the fair or mercat place, ready to be sold. or shall make any motion by word write or message for raising of the prices or dearer selling of the said merchandize and victuall or who shall disswade any from coming and bringing the forsaid merchandise and victuall To fair or mercat shall be Esteemed and Judged a fore-staller. And It is ordained That all such fore-stallers may be pursued before the Justices or Magistrats of Burghs and that without a special Lyble but only upon fore stalling in Generall, and the persons Convict to be fyned for the first fault in fourty pounds and for the second in ane Hundered merks and for the Third to Incurr the Tinsell of moveables. And seeing Through the not due observance and Execution of the forsaids acts The Calamity of the Countrey. By the present scarcity and dearth is greatly increased. Therfore wee with Advice of the Lords of our privy Councill, Have thought fitt to Revive the same and ordains them to be put to Strict Execution. And for that Effect to Impour and Require all sheriffs of shires Stewarts of Stewartries Lords and Bailies of Regalities and their Deputs magistrats of Burghs. As Likewise all Commissioners of supply and Justices of peace, To cause Inquire and search to be made who holds up any victuall in Girnells contrair to the forsaids forsaids2 Laws. and to Command and Charge the Keepers up of the said victuall in Girnells or other ways contrair to the said Statutes. To Bring and Expose the same for sale in open and ordinary mercats or other ways to open their Girnells or other houses where there victuall is Kept. and there sell the same as the saids sheriffs stewarts of stewartries Lords and Bailies of Regalities and their deputs and Magistrats of burghs or any two of the saids Commissioners of Supply or Justices of peace shall find the ordinary price To Rule in the Countrey for the tyme with Certification if they failzie therein. They shall be proceeded against And the pains of the forsaids acts of parliament Execute upon them with all Rigour. And in the mean tyme the victuall Girnelled and unlaufully Kept up as said is, arrested and sequestrat by the forsaid sheriff and others as Escheat. And further Wee with Advice forsaid prohibite and discharge any person whatsomever, To Buy meal in publict mercats But only for private use and no ways to be sold again by whole sale or Retail. And Likeways to buy any other Grain in publict mercat to be sold again in whole sale or Retail in the same Kind as it is bought But Either for the private and particular use of the Buyer or to be first made in malt, or ground in flower and meal before the sale of the samen. As also we with Advice forsaid peremptorly discharge and forbid all persons whatsomever Buying oats or pease whether in publick mercats or otherways To sell the Same either in whole sale or Retail unless they be first made in meal. Except what oats are or shall be bought and Retailed by the Commissaries of our army for the provisions of the horses and Dragoons presently Employed in our Service, and what are or shall be bought and Retailed by Stables and Inn: Keepers within their own houses. With Certification That such as shall Contraveen the premises in any sort may be Conveened and pursued at the Instance of any person whatsomever, Before any of the Magistrats or Justices of peace or other Judges abovenamed where the Contravention is Committed and upon conviction are to be fyned and made Lyable in the soume of Ten pounds scots for each Boll of meal or other victuall sold or Retailed contrair to this present proclamation And decerned to pay the one half to the Informer and the other half to the Judge before whom the Contraveener shall be pursued and convicted. Declaring nevertheless That it shall be Leisom and Laufull To Transport oats bought Benorth the River of Tay from that side thereof To the south side of the same and to sell the saids oats Either by wholesale or Retail at any place or mercat upon the south side of the said River. for privat use or to be made in meal allenarly without being subject and lyable to the Certificationes and penalties above Exprest. And Lastly wee with advice forsaid Command and charge all Magistrats of Burghs and other officers of the Law To take care That all mercats and fairs be duely Regulat conform to the Laws without Extortion and to cause put the forsaid acts of parliament To due and vigorous Execution Certifieing the saids sheriffs magistrats and other Judges abovenamed who shall fail in their duty anent the premisis That upon Information given to the Lords of our privy Councill, They shall be therfore severely and Exemplarly punished. Our Will is Heirfore And wee charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat cross of Edinburgh and Remanent mercat crosses of the whole head burghs of the severall Shires and Stewartries within this Kingdom and therat in our name and authority make publication of the premises That none may pretend Ignorance. And ordains our sollicitor to Transmitt Coppies heirof To the Sheriffs and Stewarts of the severall shires and stewartries or their Clerks. To the Effect the same may be published at the mercat Crosses And Thereafter be Transmitted to the ministers in the severall paroch-Churches within their Respective Bounds. And Appoints The saids ministers to cause Intimate the same at their several parish churches at any tyme betwixt and the First of December next for all paroches on this side of the River of Tay and Betwixt and the fifteenth day of the said moneth for all paroches on the other side of the said River. And ordains these presents to be printed and published in manner forsaid. Given under our Signett att Edinburgh The Fifteenth day of November and of our Reign the Tenth year 1698.

1. NRS, PC1/51, 489-92.

2. Sic.

1. NRS, PC1/51, 489-92.

2. Sic.