PROCLAMATION, Against Regrating of Victual, and Forestallers, and for Regulating the Mercats.

WILLIAM By the Grace of GOD, King of Great Britain, France and Ireland, Defender of the Faith, To Macers of Our Privy Council, Messengers at Arms, Our Sheriffs in that part, conjunctly and severaly specially Constitute, Greeting; Forasmuch as, By several Acts of Parliament, the keep­ing of Victual to a Dearth is strictly prohibited, and particularly, It is Statute by the Acts James 2d. Parliament Sixt Cap. Twenty two and twenty three, that for the eschewing of Dearth, Sheriffs, Bailiefs and other Officers, both to Burgh and to Land, enquire what Persons buyes Victual, and holds it to a Dearth, and that the said Sheriffs and Officers make such known. That in case they hold more Victual then will sustain them and their Menzie to New Corn, they may be punished and demeaned as Occorers and Usurers, and the Victual Escheated to Us, and that the same be presented to Mercats, and Sold as the price goes. And by the Acts Ja. 2d. Par. 9th. Cap. Thirtie eight and thirtie ninth. It is Ordained, That no manner of Victual shall be holden in Girnels by any man to a Dearth, but allenarly what is needful 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 likewaayes, the Cryme of Fore-stalling is forbidden by several Acts and Statutes, and particularly, by the Act Ja. 6. Par. 12. Cap. one hundred and fourty eight, it is Declared, That who buyes any Merchandise, or Victual coming to Fair or Mercat, or makes any Contract, or Promise for buying of the same, before the said Merchandse or Victual 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 Merchandise and Victual: Or, who shal diswade any from coming, and bringing the foresaid Mer­chandise or Victual to Fair or Mercat, shal be esteemed and judged a Forestaller; And it is Ordained, That all such Forestallers may be pursued before the Justices or Magistrates of Burghs, and that without a special Lybel, but only upon Forestalling in general, and the Persons Convict, to be Fyned for the first Fault in fourty pounds, and for the second in an hundreth Merks, and for the third to incurr the tinsel of Moveables. And seing, through the not due observance, and Execution of the foresaid Acts, the Calamity of the Countrey, by the present Scarcity and Dearth, is greatly increased, there­fore, We, with Advice of the Lords of Our Privy Council have thought fit to revive the [...]d Ordains them to be put to strict Execution; And for that effect, to impower and require all Sheriffs of Shyres, Stewarts [...] Burghs: As likewise, all Commissioners of Supply, and Justices of Peace, [...] made, [...] contrair to the foresaids Laws, and to Command and Charge the keepers up of the said victual, in Girnels, or otherwayes co [...] to bring and expose the same for Sale, in Open and Ordinary Mercats, or otherwayes to open their Girnels, or other Houses where [...] and there Sell the same, as the said Sheriffs, Stewarts of Stewartries, Lords and Baillies of Regalities, and their Deputs and Magistrates [...] two of the saids Commissioners of Supply, or Justices of Peace shal find the Ordinary Price to rule in the Countrey, for the time. With [...] if they fa [...]lz [...]e therein, they shal be proceeded against, and the pains of the foresaids Acts of Parliament execute upon them, with all rigo [...] the mean time, the Victual Girnelled and unlawfully keeped up, as said is, Arrested and Sequestrat by the foresaid Sheriff and others, as Esch [...] further, We with Advice foresaid, prohibite and discharge any Person whatsomever, to buy Meal in publick Mercats, but only for private use, a [...] wayes to be sold again by whole Sale, or Retail. And likewayes to buy any other Grain in publick Mercat, to be sold again in whole Sale, or Retail [...] 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 foresaid, peremptorily discharge and forbid all persons whatsomever buying Oats or Peas whether in publick Mercats, or otherwayes, to Sell the same, either in whole Sale, or Retaile, unless they be first made in Meal, except what Oats are or shal be bought and Retailed by the Commissaries of Our Army, for the Provision of the Horses and Dragoons, presently imployed in Our Service, and what are or shal be bought and Retailed by Stablers and Inn keepers, within their own Houses, with Certification, that such as shal Contraveen the premisses in any sort, may be Conveened and Pursued at the Instance of any person whatsomever, before any of the Magistrates; or Justices of Peace, or other Judges above named, where the Contravention is committed, and upon Conviction are to be Fyned, and made lyable in the Sum of ten pounds Scots for each B [...]ll or Meal, or other Victual Sold or Retailed, contrair to this present Procla [...]ation, and decerned to pay the one half to the Informer, and the other half to the Judge before whom the Contraveener shal be pursued and Convicted. Declaring, nevertheless, that it shal be Leisum and Lawful 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 whole Sale or Retaile, at any Place, or Mercat upon the Southside of the said River, for private use, or to be made in Meal allennarly without being subject and Lyable to the Certification [...], and penalties above-exprest. And Lastly. We with Advice foresai [...]mm [...]nd and Charge all Magistrates of Burghs, and other Officers of the Law to [...], that all Mercats and Fairs be duely Regulate conform to the Laws, without Extortion and to cause put the foresaid Acts of Parliament anent Forstallers and Regraters, with this present Proclamation, to d [...]e and vigorous Execution, Certifying the saids Sheriffs, Magistrates and other Judges above-named, who shal faile in their duty anent the Premisse, that upon Information given to the Lords of Our P [...]ivy Council, they shal be therefore severely and examplarly punished, OUR WILL IS HEREFORE, and We charge you strictly, and Command, that Incontin­ent thir Our Letters seen, ye pass to the Mercat Cross of Edinburgh, and Remanent Mercat Crosses of the whole head Burgh of the several Shyres, and Stewartries within this Kingdom, and thereat in Our Name and Authority make Publication of the Premisses, that none may pretend Ignorance. And Ordains Our Sollicitor to transmit Coppies hereof to the Sheriffs [...]d Stewarts of the several Shyres and Stewartries, or their Clerks, to the effect the fame may published at the Mercat Crosses and thereafter, be tran [...]mitted to the Ministers in the several Paroch Churches within their respective bounds and Appoints the saids Ministers to cause Intimat the same at their se [...]eral Paroch Churches, at any time betwixt and the first of December next, for all Paroches on this side of the River of Tay, and betwixt: fifteenth day of the said Month for all Paroches on the other side of the said River. And Ordains these presents to be printed [...]

Given under Our Si [...]

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