Proclamation, 9 February 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Nynth day of February Jaj vijc and fyve yeirs

A1705/2/121

Proclamation

Proclamation against Papists

Proclamation Against Papists being this day Read, was ordained to be published, printed and Recorded, wherof the tenor follows.
Anne by the Grace of God Queen of great Brittaine, France and Irland defender of the faith To […] meacers of our privie Councill messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting Forasmuch as it is highly conduceing to the glory of God, the preservation of the true protestant religion, and the securitie of the peace and quiet of this our antient kingdome That popery be suppressed, and the grouth therof hindered, And the laws and acts of parliament made for that effect, (which have been of late too much contemned and neglected), putt to Strict and vigorous execution, And that by the same laws, It is expressly declaired that non shall be repute as Lyoall and faithfull subjects to ws and our authority, but be punishable as gainstanders of the same, who shall not make profession of the said true protestant religion Therfore wee with advyce of the Lords of our Privie Counsell have Ordained and heirby Ordaine and requyre all Shirreffs, Steuarts, Lords of Regalitie, Baillies of Bailliaries and ther deputs, and all Magistrats of burghs Royall, each of them within their respective bounds, To inquyre dilligently after all knowen papists, and to take up the Lists of their names, Sirnames and designations, and to transmit the same authentickly subscribed by themselves or ther Clerks betwixt and the dayes aftermentioned Viz Betwixt and the eight day of March nixt to come for this syde of Tay, and betwixt and the third day of Aprylle nixt therafter for the other syde of the said river of Tay, To the Clerks of our privie Counsell, and report their certificats therwpon; As also that in the mean tyme, and immediatly after the publication heirof they take care to disarme the saids papists of all sorts of armes whatsomever, as lykewayes to take from them all horses belonging to them or in ther possession of above ane hundredth merks pryce, And that wherever the saids armes or horses can be found either in ther own, or in the keeping of others, And to secure the saids armes and horses to be disposed upon as the Lords of our Privie Counsell shall think fit to appoynt; Certifieing both the owners and keepers, who shall not within six dayes after proclamation heirof; produce and exhibite the saids horses and armes, they shall Incurr the penaltie of ane Thousand merks, The one halfe to the Informer, and the other to her Majesties use Lykeas the better to prevent all Shifting and concealling in defraud of this our Proclamation, It is heirby declaired that what armes and horses Shall be found to have beein in the possession of the saids Papists, or any for ther behooff for the Space of Twentie dayes befor the publication heirof, Shall be lyable to the forsaid Seazure, as if in the present possession of the saids Papists themselves, or any others for their behoofe, Certifieing the saids Shirreffs, Steuarts, Lords of Regalitie, Baillies and ther deputs, with the saids Magistrats of burghs, who Shall be negligent to execute these our orders in the premisses, and who Shall not doe all necessary dilligence for rendering the same effectuall after information duly offered to them for that effect, and make report to the Clerks of our Privie Counsell of ther dilligence in the premisses betwixt and the dayes of March and Apryll respective abovementioned, That they Shall be lyable to all highest pains that came in Law be Inflicted for ther said neglect or contempt; And becaus that by Law, heads of Clanns or of Branches of Clans, are lyable for all ther men, tennants and servants Therfor it is heirby farder Declaired that this Proclamation Shall extend to and comprehend all the saids heads of Clans, or heads of Branches of Clanns comonly called Chiftains who are Papists, And in use to bind for ther respective Clanns and Branches therof; Requyreing heirby and Ordaining the saids shirreffs, and other officiars of the law abovementioned to putt thir presents to execution both against the saids heads and Chiftains, And against all ther saids men tennants and dependers for whom they are knowen to be answerable, with all exact care and dilligence In maner and with certification as above exprest, And becaus ther cane be nothing of greater advantage for repressing of Poperie and hindering the grouth therof, then the putting of the saids Laws and acts of Parliament to Strict execution against all Preists, Jesuits and trafiqueing papists and ther recepters and against their Massing and other Superstitious meetings, Therfore wee not only Command and Requyre the saids Shirreffs, Steuarts, Lords of Regalitie, Baillies and ther deputs, with all the saids Magistrats of burghs to putt the saids Laws in execution for Seaseing, apprehending, discovering, and otherwayes Suppressing the saids persons And ther Massings and meeting houses, According to the tenor of the saids Laws and Acts of parliament, And as they will be answerable to ws in that pairt, But wee farder with advyce forsaid, Doe heirby Assure that whosoever Shall discover and Sease any Preist, Jesuit or trafiqueing Papist or recepter of these persons, So as they Shall be convicted In the terms and maner prescrybed by the act of Parliament Jaj vijc aftermentioned, wpon Certificat of the said Seazure and conviction befor any Judge competent, He Shall have the Soume of Fyve hundreth merks over and above his expenses for his reward Conforme to the act of parliament Jaj vijc Entituled for preventing the grouth of Poperie, And that wee will be carefull to See the forsaid reward punctuallie payed Conforme to the tenor of the said Act, which with the haill acts above mentioned wee again recommend and ordaine to be putt to due and punctuall execution in all poynts Our Will is Heirfore and wee charge yow Strictly and Command that in continent thir our Letters Seen ye pass to the mercat Cross of Edinburgh and remanent mercat crosses of the remanent head burghs of the Severall Shyres and Steuarties within this our kingdome, And ther in our name and authority by open proclamation make Intimation heirof, that non may pretend ignorance, And Ordains our Solicitors to transmitt printed Coppies heirof to the Shirreffs of the severall Shyres of this kingdom, As also to all Steuarts and ther deputs, to be Sent by them to the Ministers of the parishes within ther respective bounds, and appoynts the saids Ministers to cause read and Intimate this our proclamation in their Churches befor the dissolution of the Congregation by the Minister himself or his reader, And ordains these presents to be printed and published; Given under our Signet at Edinburgh the nynth day of February 1705. And of our reigne the third year.

At Edinburgh 9 February 1705

A1705/2/121

Proclamation

Proclamation against papists

Proclamation against papists being this day read, was ordained to be published, printed, and recorded, whereof the tenor follows:
Anne, by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctively and severally, specially constituted greeting. Forasmuch as it is highly conducive to the glory of God, the preservation of the true Protestant religion, and the security of the peace and quiet of this our ancient kingdom, that popery be suppressed, and the growth thereof hindered, and the laws and acts of parliament made for that effect (which have been of late too much contemned and neglected) put to strict and vigorous execution. And that by the same laws, it is expressly declared that none shall be repute as loyal and faithful subjects to us and our authority, but be punishable as gainsayers of the same, who shall not make profession of the said true Protestant religion. Therefore we, with advice of the lords of our privy council, have ordained and hereby ordain and require all sheriffs, stewarts, lords of regality, bailies of bailiaries, and their deputes, and all magistrates of burghs royal, each of them within their respective bounds, to inquire diligently after all known papists, and to take up the lists of their names, surnames, and designations, and to transmit the same authentically subscribed by themselves or their clerks between [now] and the days after mentioned, viz between and 8 March next to come for this side of [the] Tay, and between [now] and 3 April next thereafter for the other side of the said river of Tay, to the clerks of our privy council, and report their certificates thereupon. As also that in the meantime, and immediately after the publication hereof, they take care to disarm the said papists of all sorts of arms whatsoever, as likewise to take from them all horses belonging to them or in their possession of above 100 merks price, and that wherever the said arms or horses can be found either in their own, or in the keeping of others. And to secure the said arms and horses to be disposed of as the lords of our privy council shall think fit to appoint. Certifying both the owners and keepers, who shall not within six days after proclamation hereof, produce and exhibit the said horses and arms, they shall incur the penalty of 1,000 merks, the one half to the informer, and the other to her majesty’s use. Likewise the better to prevent all shifting and concealing in defraud of this our proclamation, it is hereby declared that what arms and horses shall be found to have been in the possession of the said papists, or any for their behoof, for the space of 20 days before the publication hereof, shall be liable to the foresaid seizure, as if in the present possession of the said papists themselves, or any others for their behoof. Certifying the said sheriffs, stewarts, lords of regality, bailies and theirr deputes, with the said magistrates of burghs, who shall be negligent to execute these our orders in the premises, and who shall not do all necessary diligence for rendering the same effectual after information duly offered to them for that effect, and make report to the clerks of our privy council of their diligence in the premises between [now] and the days of March and April respective abovementioned, that they shall be liable to all [the] highest pains that can in law be inflicted for theirr said neglect or contempt. And because that by law, heads of clans or of branches of clans are liable for all their men, tenants, and servants, therefore it is hereby further declared that this proclamation shall extend to and comprehend all the said heads of clans, or heads of branches of clans, commonly called chieftains, who are papists and in use to bind for their respective clans and branches thereof, requiring hereby and ordaining the said sheriffs and other officers of the law abovementioned to put these presents to execution both against the said heads and chieftains, and against all their said men, tenants, and dependents for whom they are known to be answerable, with all exact care and diligence in manner and with certification as above expressed. And because there can be nothing of greater advantage for repressing of popery and hindering the growth thereof, than the putting of the said laws and acts of parliament to strict execution against all priests, Jesuits, and trafficking papists and their accomplices, and against their masses and other superstitious meetings, therefore we not only command and require the said sheriffs, stewarts, lords of regality, bailies and their deputes, with all the said magistrates of burghs, to put the said laws in execution for seizing, apprehending, discovering, and otherwise suppressing the said persons and their masses and meeting houses, according to the tenor of the said laws and acts of parliament, and as they will be answerable to us in that part, but we further, with advice foresaid, do hereby assure that whosoever shall discover and seize any priest, Jesuit, or trafficking papist, or accomplice of these persons, so as they shall be convicted in the terms and manner prescribed by the act of parliament [of] 1700 after mentioned, upon certification of the said seizure and conviction before any judge competent, he shall have the sum of 500 merks over and above his expenses for his reward, conform to the act of parliament [of] 1700 entitled ‘For preventing the growth of popery’. And that we will be careful to see the foresaid reward punctually paid, conform to the tenor of the said act, which with the whole acts above mentioned we again recommend and ordain to be put to due and punctual execution in all points. Our will is therefore and we charge you strictly and command that, incontinent these our letters [are] seen you pass to the mercat cross of Edinburgh and remnant mercat crosses of the remnant head burghs of the several shires and stewartries within this our kingdom, and there in our name and authority by open proclamation make intimation hereof, that none may pretend ignorance. And ordain our solicitors to transmit printed copies hereof to the sheriffs of the several shires of this kingdom, as also to all stewarts and their deputes, to be sent by them to the ministers of the parishes within their respective bounds, and appoints the said ministers to cause read and intimate this our proclamation in their churches before the dissolution of the congregation by the minister himself or his reader. And ordain these presents to be printed and published. Given under our signet at Edinburgh 9 February 1705. And of our reign the third year.

1. NRS, PC1/53, 353-5.

1. NRS, PC1/53, 353-5.