Proclamation, 15 November 1698 (pm), 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.

Procedure, 15 November 1698 (pm), Edinburgh

[At Edinburgh 15 November 1698] Eodem Die post meridiem

A1698/11/151

Procedure

The Lord Ross and Laird of Grant Receaved privy Councellors

The Lord Ross and Laird of Grant Councellors named by his majesties Last Commission of the Twenty First of October Last, being present Took the oath of Alledgance and subscribed the Assurance and also subscribed The Association appointed to be subscrived be persons in publict Trust. And The Lord high Chancellor having administrat to them the oath de fideli they were Receaved Conform to the Commission.

[At Edinburgh 15 November 1698] Eodem Die post meridiem

A1698/11/151

Procedure

The Lord Ross and Laird of Grant Receaved privy Councellors

The Lord Ross and Laird of Grant Councellors named by his majesties Last Commission of the Twenty First of October Last, being present Took the oath of Alledgance and subscribed the Assurance and also subscribed The Association appointed to be subscrived be persons in publict Trust. And The Lord high Chancellor having administrat to them the oath de fideli they were Receaved Conform to the Commission.

1. NRS, PC1/51, 489.

1. NRS, PC1/51, 489.

Sederunt, 15 November 1698 (pm), Edinburgh

[At Edinburgh 15 November 1698] Eodem Die post meridiem1

A1698/11/142

Sederunt

Lord Chancelor; Earl of Melvill P.C.; Duke of Queensberrie P.S.; Earl of Argyle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Loudown; Earl of Annandale; Lord Strathnaver; Lord Ross; Lord Ruthven; Lord President of Session; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdo; Laird of Grant; Laird of Stevenson; Lord Provost of Edinburgh

[At Edinburgh 15 November 1698] Eodem Die post meridiem1

A1698/11/142

Sederunt

Lord Chancelor; Earl of Melvill P.C.; Duke of Queensberrie P.S.; Earl of Argyle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Loudown; Earl of Annandale; Lord Strathnaver; Lord Ross; Lord Ruthven; Lord President of Session; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdo; Laird of Grant; Laird of Stevenson; Lord Provost of Edinburgh

1. NRS, PC1/51, 489.

2. NRS, PC1/51, 489.

1. NRS, PC1/51, 489.

2. NRS, PC1/51, 489.

Proclamation, 15 November 1698, Edinburgh

Att Edinburgh The Fifteenth day of November Jaj vjc nyntie and Eight years

A1698/11/131

Proclamation

Act and Intimation anent the current Parliament

Ane Act and Intimation for Continueing the parliament untill his Majestie order a particular day at which the said parliament is to meet Read voted and approven and ordered to be published and Recorded. Follows the tenor thereof: The Lords of his Majesties privy Councill. Considering that his majestie By the Last act of this Last Session of this Current parliament hade Adjourned the same to this Fifteenth day of November Instant. And That his Majesty being now abroad furth of his Kingdoms, hath not as yet signified his pleasure Either by sending a Commissioner for holding thereof at the said day nor his Royall order for Adjourning the same to a further day An seeing both by the nature of the high Court of parliament and by Express acts of parliament Parliaments are current without the necessity of a Special Continuation untill they be dissolved by his Majesties particular warrand, whose sole prerogative it is, To dissolve alse well as to call, Hold, and prorogue the same. Thirfore The saids Lords of his Majesties privy Councill, in Expectation of his Majesties Express orders. And To prevent the unnecessary troubles of the members and other good subjects. Who may be Concerned to Repair to the meeting of parliament Have thought fitt to ordain Intimation to be made That all members of parliament be ready to meet and attend in this present current parliament so soon as his Majesties will and pleasure shall be signified to them for that Effect. And That none may pretend Ignorance: ordains these presents to be printed and to be published at the mercat Cross of Edinburgh By the Lyon King at arms and his Brethren heraulds and pursevants, and at the mercat Crosses of the head Burghs of the severall shires within this Kingdom by macers or messengers at armes. Extracted.

Att Edinburgh The Fifteenth day of November Jaj vjc nyntie and Eight years

A1698/11/131

Proclamation

Act and Intimation anent the current Parliament

Ane Act and Intimation for Continueing the parliament untill his Majestie order a particular day at which the said parliament is to meet Read voted and approven and ordered to be published and Recorded. Follows the tenor thereof: The Lords of his Majesties privy Councill. Considering that his majestie By the Last act of this Last Session of this Current parliament hade Adjourned the same to this Fifteenth day of November Instant. And That his Majesty being now abroad furth of his Kingdoms, hath not as yet signified his pleasure Either by sending a Commissioner for holding thereof at the said day nor his Royall order for Adjourning the same to a further day An seeing both by the nature of the high Court of parliament and by Express acts of parliament Parliaments are current without the necessity of a Special Continuation untill they be dissolved by his Majesties particular warrand, whose sole prerogative it is, To dissolve alse well as to call, Hold, and prorogue the same. Thirfore The saids Lords of his Majesties privy Councill, in Expectation of his Majesties Express orders. And To prevent the unnecessary troubles of the members and other good subjects. Who may be Concerned to Repair to the meeting of parliament Have thought fitt to ordain Intimation to be made That all members of parliament be ready to meet and attend in this present current parliament so soon as his Majesties will and pleasure shall be signified to them for that Effect. And That none may pretend Ignorance: ordains these presents to be printed and to be published at the mercat Cross of Edinburgh By the Lyon King at arms and his Brethren heraulds and pursevants, and at the mercat Crosses of the head Burghs of the severall shires within this Kingdom by macers or messengers at armes. Extracted.

1. NRS, PC1/51, 488-9.

1. NRS, PC1/51, 488-9.

Procedure, 15 November 1698, Edinburgh

Att Edinburgh The Fifteenth day of November Jaj vjc nyntie and Eight years

A1698/11/121

Procedure

Duke of Queensberrie Earles of Argyle and Crafurd and Sir Robert Sinclar receaved privy Councellors

His Grace the Duke of Queensberrie The Earles of Argyle and Crafurd and Sir Robert Sinclair of Stevensone four of the members of privy Councill nominat in the present Commission of Councill, being this day present did swear and signe the oath of Alledgance and subscrived the Assurance appointed to his Majestie by act of parliament as also subscribed the Associatione And The Lord Chancelor having Administrate to them the oath de fideli They were Receaved privy Councellors conform to the said Commission.

Att Edinburgh The Fifteenth day of November Jaj vjc nyntie and Eight years

A1698/11/121

Procedure

Duke of Queensberrie Earles of Argyle and Crafurd and Sir Robert Sinclar receaved privy Councellors

His Grace the Duke of Queensberrie The Earles of Argyle and Crafurd and Sir Robert Sinclair of Stevensone four of the members of privy Councill nominat in the present Commission of Councill, being this day present did swear and signe the oath of Alledgance and subscrived the Assurance appointed to his Majestie by act of parliament as also subscribed the Associatione And The Lord Chancelor having Administrate to them the oath de fideli They were Receaved privy Councellors conform to the said Commission.

1. NRS, PC1/51, 488.

1. NRS, PC1/51, 488.

Sederunt, 15 November 1698, Edinburgh

Att Edinburgh The Fifteenth day of November Jaj vjc nyntie and Eight years1

A1698/11/112

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Duke of Queensberrie P.S.; Earl of Argyle; Earl of Crafurd; Earl of Lowdown; Earl of Annandle; Lord Ruthven; Lord President of Session; Lord Justice Clerk; Lord Aberuchil; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdo; Laird of Stevensone

Att Edinburgh The Fifteenth day of November Jaj vjc nyntie and Eight years1

A1698/11/112

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Duke of Queensberrie P.S.; Earl of Argyle; Earl of Crafurd; Earl of Lowdown; Earl of Annandle; Lord Ruthven; Lord President of Session; Lord Justice Clerk; Lord Aberuchil; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdo; Laird of Stevensone

1. NRS, PC1/51, 488.

2. NRS, PC1/51, 488.

1. NRS, PC1/51, 488.

2. NRS, PC1/51, 488.

Order, 10 November 1698, Edinburgh

Att Edinburgh The Tenth day of November Jaj vjc nynty Eight years

A1698/11/101

Order

Recommendation To the Lord Advocat To prepare a proclamation

Report of the Committee Anent forestallers of victual and publict mercats Read. And the Councill Recommends to his Majesties Advocate To prepare a proclamation In the Terms of the Report as it is now amended And to present the same to the Councill against their next meeting. And Appoints the Clerk of privy Councill To Attend the Lord Advocate.

Att Edinburgh The Tenth day of November Jaj vjc nynty Eight years

A1698/11/101

Order

Recommendation To the Lord Advocat To prepare a proclamation

Report of the Committee Anent forestallers of victual and publict mercats Read. And the Councill Recommends to his Majesties Advocate To prepare a proclamation In the Terms of the Report as it is now amended And to present the same to the Councill against their next meeting. And Appoints the Clerk of privy Councill To Attend the Lord Advocate.

1. NRS, PC1/51, 488.

1. NRS, PC1/51, 488.

Procedure, 10 November 1698, Edinburgh

Att Edinburgh The Tenth day of November Jaj vjc nynty Eight years

A1698/11/91

Procedure

Earl of Melvill and Earl of Annandale Receaved privy Councellors

The Earle of Melvil Lord President of Privy Councill and the Earle of Annandale named privy Councellors by his Majesties Last Commission of Councill off the Twenty First of october Last Being present did swear the oath of Alledgance and sign the Assurance appointed to his Majesty by act of parliament and also signed the Association appointed to be signed be all persones in publict Trust, be the Third act of parliament Jaj vic nynty six And the Lord Chancelor having Administrate to them the oath de fideli they were Receaved Conform to the said Commission and took their places att the Board.

Att Edinburgh The Tenth day of November Jaj vjc nynty Eight years

A1698/11/91

Procedure

Earl of Melvill and Earl of Annandale Receaved privy Councellors

The Earle of Melvil Lord President of Privy Councill and the Earle of Annandale named privy Councellors by his Majesties Last Commission of Councill off the Twenty First of october Last Being present did swear the oath of Alledgance and sign the Assurance appointed to his Majesty by act of parliament and also signed the Association appointed to be signed be all persones in publict Trust, be the Third act of parliament Jaj vic nynty six And the Lord Chancelor having Administrate to them the oath de fideli they were Receaved Conform to the said Commission and took their places att the Board.

1. NRS, PC1/51, 488.

1. NRS, PC1/51, 488.

Sederunt, 10 November 1698, Edinburgh

Att Edinburgh The Tenth day of November Jaj vjc nynty Eight years1

A1698/11/82

Sederunt

Lord Chancelor; Earl of Melvill P.C.; Earl of Lauderdale; Earl of Lothian; Earl of Lowdown; Earl of Annandale; Lord Polwarth; Lord Ruthven; Lord President of Session; Lord Justice Clerk; Lord Aberuchil; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Phesdo

Att Edinburgh The Tenth day of November Jaj vjc nynty Eight years1

A1698/11/82

Sederunt

Lord Chancelor; Earl of Melvill P.C.; Earl of Lauderdale; Earl of Lothian; Earl of Lowdown; Earl of Annandale; Lord Polwarth; Lord Ruthven; Lord President of Session; Lord Justice Clerk; Lord Aberuchil; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Phesdo

1. NRS, PC1/51, 487.

2. NRS, PC1/51, 487.

1. NRS, PC1/51, 487.

2. NRS, PC1/51, 487.

Proclamation, 9 November 1698, Edinburgh

Att Edinburgh The nynth day of November Jaj vjc nynty and Eight years. Councill called Extraordinary

A1698/11/71

Proclamation

Proclamation Dischargeing Export and allowing Import of Victuall

Proclamation discharging Export and allowing Import of victuall The following proclamation after it was ammended being read was voted approven and signed 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 Councill messengers at arms our sheriffs in that pairt Conjunctlie and Severallie specialy Constitute Greeting. Forasmuchas Through the Extraordinary unseasonableness of the weather for some moneths past and the misgiving of this years Cropt and harvest. The scarcity of victual is Increased to that height, as threatens a Generall distress and Calamity. So that it is most necessary that the prohibition of the Export of victuall made in the moneth of May Last be renewed and Extended with all severity against all who shall presume to Contemn our Authority in a matter So Just and indispensiblie requisite for the releif of the poor and good and welfare of the Kingdom Therfore wee with advice of the Lords of our privy Councill, have thought fitt to prohibite and heirby most strictly prohibite and discharge the Exporting furth of this Kingdom by any person whatsoever either by Land or by sea, of all Kinds of victuall Either meal wheat Rye oats Pease Barley or bear malted or not malted, or any other grain or victuall whatsoever, after the day and date of these presents under the pains following viz The forfaulture of the victuall offered to be Exported for the use of the poor of the bounds where the same shall be atached and seased, or the value thereof, where the samen is proven to be Exported As Likewise of the farfalture of the horse ship Boat or other vessel wherby the same shall be attempted to be Exported and also of the pain of Ten pounds scots over and above for each Boll that shall be found to be Exported, or offered to be Exported, and proven or attached and seased as said is To be paid by the owner skipper or Exporter. And That such as shall be found transgressing and have not to pay the forsaid pains shall be punished in their Bodies by Imprisonment to be fed with bread and water or Scourging at the discretion of the Judge And wee heirby Require and charge all sheriffs stewarts Bailies and their Deputs Magistrats of Burghs Justices of peace, and other officers of the Law To see and Cause these presents to be put to Strict Execution in all poynts with Certification if they shall be found negligent or Remiss. They shall be punished by the Lords of our privy Councill as despisers of our authority and betrayers of the Trust reposed in them. And further wee doe heirby authorize our Customers and all Collectors surveyors Waiters and other officers at sea-ports and generaly all our Leidges to discover, Attach and sease the forsaid victuall that shall be Exported or offered to be Exported as said is promising and allowing them the half of the pecunial pains abovementioned for their Reward with this certification that if they or any of them be remiss or negligent in the Execution of the premises. So that victual be Exported by Sea or Land within the bounds of their Respective precints They shall not only Lose their Commissions But be themselves lyable to the pains and penalties for Each Boll Exported, as the owner and Exporter are declared Lyable in manner abovementioned. Likeas Wee heirby Require all our said Judges, Magistrats and officers of the Law and all our said Customers Colectors and other officers abovenamed immediatly To cause search to be made into all ships, Boats and other vessells within the ports and Roads of this Kingdom for victual to be Exported and that they arreist and stop the same and the forsaids vessels by taking away the sails, and otherways, and cause the said victuall be Instantly unloaded and brought on shoar for the use of the owner, and to remain within the Countrey and in case any victuall already put on board or which shall be put on Board, shall be pretended not to be Exported. But only Transported from one port or place to another within the Kingdom Then and in that caice The owners shall first find sufficient Caution under the pain of Twenty pounds scots for each Boll acted in the Books of the next burghs Royall and the skippers shall give their oath Before the Magistrats thereof. That they shall not Export But only Transport as said is. And that they shall Report a Certificat thereof upon its arrival from the port or place to which it shall be transported. Certifieing That what victuall shall be offered to be otherways transported from port to port within this Kingdom shall be held to be offered to be Exported Contrary to this prohibition and Lyable to the pains therof. And we with Advice forsaid for the better and Easier Releif of the Countrey, doe heirby allow the Import of all sorts of Victuall from all forraign pairts free of all Custom or other publict duty and these presents to Endure ay and while they be Recalled. Our Will is Heirfore and we 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 head Burghs of the severall shires and stewartries and to all the sea port Towns within this Kingdom and make publication heirof And Appoints our sollicitor To Transmit a sufficient number of Coppies heirof to the sheriffs of the several shires, stewarts of stewartries, Bailies of Regalities their deputs or clerks to be published at their severall Burghs and Likeways sent by them to the Magistrats of the severall seaport towns there to be published by them under the Certification forsaid As also appoints our solicitor to deliver a sufficient number of Coppies of thir presents To the Tacksmen of our Customs to be sent be them to the severall parts and places of this Kingdom where they Keep officers for collecting and Inbringing of our Customs to be published thereat by the Collector or Surveyor resideing their for the time. And ordains these presents to be printed that none pretend Ignorance Given under our signet at Edinburgh The nynth day of November and of our Reign the Tenth year 1698 sic subscribitur.

Att Edinburgh The nynth day of November Jaj vjc nynty and Eight years. Councill called Extraordinary

A1698/11/71

Proclamation

Proclamation Dischargeing Export and allowing Import of Victuall

Proclamation discharging Export and allowing Import of victuall The following proclamation after it was ammended being read was voted approven and signed 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 Councill messengers at arms our sheriffs in that pairt Conjunctlie and Severallie specialy Constitute Greeting. Forasmuchas Through the Extraordinary unseasonableness of the weather for some moneths past and the misgiving of this years Cropt and harvest. The scarcity of victual is Increased to that height, as threatens a Generall distress and Calamity. So that it is most necessary that the prohibition of the Export of victuall made in the moneth of May Last be renewed and Extended with all severity against all who shall presume to Contemn our Authority in a matter So Just and indispensiblie requisite for the releif of the poor and good and welfare of the Kingdom Therfore wee with advice of the Lords of our privy Councill, have thought fitt to prohibite and heirby most strictly prohibite and discharge the Exporting furth of this Kingdom by any person whatsoever either by Land or by sea, of all Kinds of victuall Either meal wheat Rye oats Pease Barley or bear malted or not malted, or any other grain or victuall whatsoever, after the day and date of these presents under the pains following viz The forfaulture of the victuall offered to be Exported for the use of the poor of the bounds where the same shall be atached and seased, or the value thereof, where the samen is proven to be Exported As Likewise of the farfalture of the horse ship Boat or other vessel wherby the same shall be attempted to be Exported and also of the pain of Ten pounds scots over and above for each Boll that shall be found to be Exported, or offered to be Exported, and proven or attached and seased as said is To be paid by the owner skipper or Exporter. And That such as shall be found transgressing and have not to pay the forsaid pains shall be punished in their Bodies by Imprisonment to be fed with bread and water or Scourging at the discretion of the Judge And wee heirby Require and charge all sheriffs stewarts Bailies and their Deputs Magistrats of Burghs Justices of peace, and other officers of the Law To see and Cause these presents to be put to Strict Execution in all poynts with Certification if they shall be found negligent or Remiss. They shall be punished by the Lords of our privy Councill as despisers of our authority and betrayers of the Trust reposed in them. And further wee doe heirby authorize our Customers and all Collectors surveyors Waiters and other officers at sea-ports and generaly all our Leidges to discover, Attach and sease the forsaid victuall that shall be Exported or offered to be Exported as said is promising and allowing them the half of the pecunial pains abovementioned for their Reward with this certification that if they or any of them be remiss or negligent in the Execution of the premises. So that victual be Exported by Sea or Land within the bounds of their Respective precints They shall not only Lose their Commissions But be themselves lyable to the pains and penalties for Each Boll Exported, as the owner and Exporter are declared Lyable in manner abovementioned. Likeas Wee heirby Require all our said Judges, Magistrats and officers of the Law and all our said Customers Colectors and other officers abovenamed immediatly To cause search to be made into all ships, Boats and other vessells within the ports and Roads of this Kingdom for victual to be Exported and that they arreist and stop the same and the forsaids vessels by taking away the sails, and otherways, and cause the said victuall be Instantly unloaded and brought on shoar for the use of the owner, and to remain within the Countrey and in case any victuall already put on board or which shall be put on Board, shall be pretended not to be Exported. But only Transported from one port or place to another within the Kingdom Then and in that caice The owners shall first find sufficient Caution under the pain of Twenty pounds scots for each Boll acted in the Books of the next burghs Royall and the skippers shall give their oath Before the Magistrats thereof. That they shall not Export But only Transport as said is. And that they shall Report a Certificat thereof upon its arrival from the port or place to which it shall be transported. Certifieing That what victuall shall be offered to be otherways transported from port to port within this Kingdom shall be held to be offered to be Exported Contrary to this prohibition and Lyable to the pains therof. And we with Advice forsaid for the better and Easier Releif of the Countrey, doe heirby allow the Import of all sorts of Victuall from all forraign pairts free of all Custom or other publict duty and these presents to Endure ay and while they be Recalled. Our Will is Heirfore and we 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 head Burghs of the severall shires and stewartries and to all the sea port Towns within this Kingdom and make publication heirof And Appoints our sollicitor To Transmit a sufficient number of Coppies heirof to the sheriffs of the several shires, stewarts of stewartries, Bailies of Regalities their deputs or clerks to be published at their severall Burghs and Likeways sent by them to the Magistrats of the severall seaport towns there to be published by them under the Certification forsaid As also appoints our solicitor to deliver a sufficient number of Coppies of thir presents To the Tacksmen of our Customs to be sent be them to the severall parts and places of this Kingdom where they Keep officers for collecting and Inbringing of our Customs to be published thereat by the Collector or Surveyor resideing their for the time. And ordains these presents to be printed that none pretend Ignorance Given under our signet at Edinburgh The nynth day of November and of our Reign the Tenth year 1698 sic subscribitur.

1. NRS, PC1/51, 485-7.

1. NRS, PC1/51, 485-7.