Act, 29 December 1692, Edinburgh

At Edinburgh 9 August 1692, same day (pm)

A1692/8/30¹

Proclamation

Proclamation concerning game

The following proclamation was read, voted, and approved, and appointed to be recorded, whereof the tenor follows:
William and Mary, be the grace of God king and queen of Great Britain, France, and Ireland, defenders of the faith, to our beloved […] macers of our privy council, messengers at arms, our sheriffs in that part, conjunctly and severally, specially constituted greeting. We taking to our consideration the great prejudice the kingdom does sustain in the decay of deer, roes, and wild foul, notwithstanding of the care taken by our royal progenitors therein, and of the many good and useful laws made for preserving the game, to prevent and repair this evil and mischief, and against the destroying of smolts and trout with creels and other engines concerning cruves and zairs, steeping of lint in rivers, lochs and burns where fish are. And particularly that by the thirty-first act of the twenty-third parliament of King James VI, all persons who are not heritors are prohibited to hunt or hawk, and that neither heritor nor other shoot deer and roe in time of snow. As also that by the eleventh act of the fourth parliament of King James V and two hundred and tenth act of the fourteenth parliament of King James VI, letters are ordained to be directed charging all keepers of our forests to permit no pasturages within the marches thereof, but that they seize and take them under the pain of loss of their office. And that foresters of forests belonging to private men shall apprehend such as travel with guns or dogs in forests and carry them to the nearest sheriffs, stewards of stewardries, bailies of bailiaries and regalities, or justices of peace to be secured to answer as accords of the law. And that all such of the lieges who shall be required to concur to apprehend such persons give ready obedience as is ordained by the forest laws Cap: fifteen and Cap: twenty-two, and those who conceal them, to be fined as art and part of the foresaid fault, and suchlike that all persons are commanded to forbear to slay any moorfowl, heath-fowl, partridges, quails, duke or mallard tails or attail or ptarmigan from and after the first day of Lent to the first day of July yearly according to the hundred and eight act of the seventh parliament of King James I, excepting waterfowl with hawks in dredging time. And that the killing of juvenile moorfowl before 1 July, juvenile heath before 1 August, or partridge or quail before 1 September yearly is forbidden by the twenty-third act of the sixteenth parliament of King James VI. Item that by the forty-eight act of the fourth parliament of King James IV moor-burn after the last day of March is discharged, and the masters are thereby to be liable for all upon their land. Item that by the two hundred and tenth act of the fourteenth parliament of King James VI shooting hunting or hawking within six miles of our palace are prohibited under the pain therein contained without express licence of the masters of the game. Item that by the twenty-third act of the sixteenth parliament of King James VI all selling or buying of deer, roe, hares, moor-fowl, ptarmigan, heath-fowl, partridges, or quails are discharged under the pain contained in the said act. Item that by the fifty-first act of the sixth parliament of Queen Mary hunting is forbidden on other men’s ground without leave of the owner. And whereas by the eleventh act of the first parliament of King James I cruves and zaires set on fresh water without express infeftment of salmon fishing are ordained to be destroyed and put away forever, and that where cruves are allowed by infeftment that each hook be three inches wide, which is ratified by the seventy-third act of the tent parliament of King James III, and that by the eighty-seventh act of the fourteenth parliament of King James II it is statute that no man set vessels, creels, wears, nets, or any other engines to hinder smolts from going to the sea, And that coups, masses, nets, prunes set on waters that have course to the sea be destroyed, and who holds them up to be liable as destroyers of red fish. Item that all millers that slay smolts or trout with creels or with any other engines or any who dam and leave shall be punished as slayers of red fish conform to the seventy-third act of the fifth parliament of King James III, and where the transgressors have no means they are appointed to be put in prison irons or stocks for the space of one month upon their own expense, and if they have it not of their own, to be fed with bread and water conform to the eighty-ninth act of the sixth parliament of King James VI. And by the thirteenth act of the eighteenth parliament of King James VI the steeping of lint in rivers, lochs, or burns where fish are is discharged, and that under the pain of forty shillings Scots on each occasion and confiscation of the link. And likewise the shooting of hares or heron at any time is expressly prohibited and discharged under the pain contained in the acts of parliament made therein. And wee also considering that by the twentieth act of the parliament held at Edinburgh in the year 1685 all former laws and acts of parliament made for preserving the game, and an act of King Charles II with advice of his privy council of the date the ninth day of June 1682 with the whole laws and acts of parliament abovementioned therein narrated and revised, renewed, ratified, and approved, and whereby all persons are prohibited and discharged to have or use setting dogs unless he be a heritor of one thousand pounds of valued rent and have express licence of the master of the game within their several bounds under the pain of five hundred merks on each occasion in case of default, and that all common fowlers and shooters of fowl, or any person except they be domestic servants to noblemen or gentlemen who are heritors of one thousand pounds Scots of valued rent are discharged to have or make use of setting dogs and fowling pieces under the pain of forfeiture of such dogs or guns and imprisonment of their persons for the space of six weeks on each occasion. And that the selling or buying of deer, roe, hares, moorfowl, ptarmigan, heath-fowl, partridges, or quails is discharged for the space of seven years next ensuing the twentieth of June 1682 (which we hereby think fit to prorogue and continue for the space of five years, commencing from the date hereof). And we ordain the pain and penalties contained in the twenty-third [act of] parliament sixteen [of] King James VI to be exacted from the transgressors during the space foresaid, and which proclamation ratified and approved as said is for the better discovery of the contravener’s warrant is given to the masters of our game and their deputes or others empowered by either of them in their respective bounds to make search for any of the said deer, roe, hares, moorfowl, ptarmigan, heath-fowl, partridges, or quails so killed in any suspect place within or without burgh, both the buyers and sellers in markets or outwith the same, or fowlers, and to seize, search, secure, and confiscate the same for their own use, and by which proclamation so ratified as said is, the masters of our game are ordained all heritors and others to throw down all cruves and zairs set on fresh waters without express infeftment of salmon-fishing between the date thereof and 1 July thereafter under the pain of one hundred pounds Scots to be uplifted from those who refuse, and the sheriffs and their deputes are appointed to give speedy justice therefore when desired by the masters of the game or their deputes, and the several sheriffs of the shires and their deputes, stewards of stewartries, bailies of regalities and their deputes, and magistrates of the next adjacent burghs are ordained to concur with the masters of the game for throwing down the said cruves, creels, nets, and engines when they shall be required, and if the said judges shall be found negligent, that the foresaid penalty be uplifted of themselves according to the sixty-eighth act of the ninth parliament of Queen Mary. And albeit that the masters of the game were appointed to have put the said laws to full and due execution conform to the power and warrant granted to them, yet the same have hitherto been altogether slighted and neglected, and we being desirous to follow the laudable example of our royal ancestors, who in their reigns have made so many good laws for preserving the game, and to the end the same may receive the more vigorous execution, we with advice of our privy council doe hereby revive all former laws and acts of parliament made for preserving the game, and commission the persons following to be masters of the game within the respective bounds after specified viz [Robert Kerr] the earl of Lothian for the shire of Edinburgh and town thereof; [George Livingston] the earl of Linlithgow for the shires of Linlithgow and Bathgate; [John Hay] the earl of Tweeddale, lord high chancellor, for the shire of Haddington; [Alexander Livingston] the earl of Callendar for the shire of Stirling; [Alexander Erskine] the earl of Marr for the shire of Clackmannan; [George Melville] the earl of Melville, lord privy seal, for the shire Fife; [Robert Balfour ] the master of Burleigh for the shire of Kinross; [David] the Lord Ruthven for the shire of Perth be west [of] Tay and [Patrick] the Lord Kinnaird for that shire of the east side of Tay; [John Murray] the marquis of Atholl for the stewartries of Strathearn, Mentieth and Balquhiddar; [Patrick Lyon] the earl of Strathmore for the shire of Forfar; [William Keith] the earl Marischal for the shire of Kincardine and for all below Mormond Hill and the Water of Ugie in Banffshire; Sir James Ogilvie of Church Hill for all the rest of Banffshire; [John Keith] the earl of Kintore for all between Crathes Bennachie and the sea in Aberdeenshire; [William] the master of Forbes in all above that in the said shire; [James Sutherland] the Lord Duffus for all from Spey to Ness, high and low, comprehending Elgin-, Nairn- and Innerness-shire to Loch Ness; [Thomas Fraser] Lord Lovat from Ness to Canon, high and low, excluding Cromartyshire; [George Mackenzie] the Viscount of Tarbat, lord clerk register, from Canon to Portnaculter and Orkill Water and on the west from Lochview Cuilisewack including Cromartyshire; [George Gordon] the earl of Sutherland for Sutherland excepting Assynt, which is the last division; [John Campbell] the earl of Breadalbane for the shire of Caithness; the steward of Orkney for Orkney; [Archibald Campbell] the earl of Argyll for the shires of Argyll and Bute; [Patrick Hume] the Lord Polwarth for the shire of Berwick; [Robert Kerr] the earl of Roxburghe for the shire of Teviotdale; [William Hamilton] the duke of Hamilton for the shire of Lanark; [Alexander] the Lord Montgomerie for Cunningham; [John Kennedy] the earl of Cassills for Carrick; the master of Cathcart for Kyle within the shire of Ayr; Lord William Douglas for the shire of Peebles; [John Cunningham] the earl of Glencairn for the shire of Renfrew; [Sir Humphrey Colquhoun] the laird of Luss for the shire of Dumbarton; [James Dalrymple] the Viscount of Stair for the shire of Wigtown; [Alexander Stewart] the earl of Galloway for the stewartry of Kirkcudbright; [William Douglas] the duke of Queensberry for the shire of Dumfries; and James Murray of Philiphaugh, one of the senators of the college of justice, for the shire of Selkirk. Hereby empowering and warranting them to put the standing laws in[to] execution in so far as concerns the preserving of forests, wildfowl, and fishing, especially the laws and ordinances above specified. And we require all our judges ordinary in their respective bounds and jurisdictions to give speedy justice thereupon in favour of the said masters of our game and their deputes when they dilate or pursue delinquents before them as they will be answerable upon their duties and offices. And all sheriffs, mayors, and other officers and fiscals of their respective courts are ordained to cite delinquents before those courts as they shall be informed thereof, and witnesses to prove the same, and to prosecute the same until final sentence be pronounced against them. And thereafter see these sentences put to due and lawful execution. The expenses whereof are to be payed out of the first and readiest of the fines of the delinquents so uplifted at the sight of the respective masters of the game under the pain of deprivation and further censure in case of neglect as our council shall find cause. And for further enabling our said masters of game, we empower them to appoint deputes, one or more, for whom they are to be answerable also for their diligence and fidelity, and that there said deputes themselves, nor none by their connivance, take upon them to contravene this proclamation and destroy the game. And to encourage them in so good service to us and our people, we hereby allow our parts of all fines and penalties due to us by our laws for crimes relating to forests, game, and fishing in favour of the said masters of our game within their respective bounds and during the time we shall think fit to employ them in the said service. Also certifying them that if they be remiss or negligent in their duty, they are to be discharged of their offices and fined by our privy council as they shall find cause. And wee declare our said commission to continue and endure for the space of seven years after the date hereof and until wee or our privy council think fit to recall the same. Our will is therefore and we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and other mercat crosses and head burghs of the several shires of this kingdom and other places necessary, and there by open proclamation make the publication of the premises that none may pretend ignorance. Given under our signet at Edinburgh 9 August and of our reign the fourth year 1692. Sic subscribitur Tweeddale cancel:; Queensberry; Drumlanrig; Linlithgow; Strathmore; Lothian; Forfar; Breadalbane; Tarbat; Stair; Raith; Polwarth