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 severally 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 sixth Cap. Twenty two and twenty three, that for the eschewing of Dearth, Sheriffs, Bailiff's and other Officers, both to Burgh and to Land, inquire what Persons buys Victual, and holds it to a Dearth, and that the said Sheriffs and Officers make such known. That in case they hold more Victual than 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. Thirty eight and thirty 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 Households, and that the said's Persons present all that they have more to the Mercat, under the pain of Escheat thereof. As likewaayes, the Crime of Forestalling is forbidden by several Acts and Statutes, and particularly, by the Act Ja. 6. Par. 12. Cap. one hundred and forty eight, it is Declared, That who buys 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, Writ or Message for raising of the Prices, or dearer Selling of the said Merchandise and Victual: Or, who shall dissuade any from coming, and bringing the foresaid Merchandise or Victual to Fair or Mercat, shall be esteemed and judged a Forestaller; And it is Ordained, That all such Forestallers may be pursued before the Justices or Magistrates of burgh's, and that without a special Lybel, but only upon Forestall in general, and the Persons Convict, to be Fyned for the first Fault in forty pounds, and for the second in an hundreth Marks, and for the third to incur the tinsel of Movables. And seeing, through the not due observance, and Execution of the foresaid Acts, the Calamity of the Country, 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 empower and require all Sheriffs of Shires, Stewarts 〈…〉 burgh's: 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 otherways co 〈…〉 to bring and expose the same for Sale, in Open and Ordinary Mercats, or otherways to open their Girnels, or other Houses where 〈…〉 and there Sell the same, as the said Sheriffs, Stewarts of Stewartries, Lords and Bailies of Regalities, and their Deputs and Magistrates 〈…〉 two of the said's Commissioners of Supply, or Justices of Peace shall find the Ordinary Price to rule in the Country, for the time. With 〈…〉 if they fa●lz●e therein, they shall 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 Sequestrate by the foresaid Sheriff and others, as Esch 〈…〉 further, We with Advice foresaid, prohibit and discharge any Person whatsomever, to buy Meal in public Mercats, but only for private use, a 〈…〉 ways to be sold again by whole Sale, or Retail. And likeways to buy any other Grain in public 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 public 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 Provision of the Horses and Dragoons, presently employed in Our Service, and what are or shall be bought and Retailed by Stablers and Inn keepers, within their own Houses, with Certification, that such as shall Contraveen the premises in any sort, may be convened 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 liable in the Sum of ten pounds Scots for each B●ll or Meal, or other Victual Sold or Retailed, contrair to this present Proclamation, and discerned 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 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 said's Oats either by whole Sale or Retail, 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 Liable to the Certification●, and penalties above-exprest. And Lastly. We with Advice foresai●…mm●nd and Charge all Magistrates of burgh's, and other Officers of the Law to 〈…〉, that all Mercats and Fairs be duly 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 said's Sheriffs, Magistrates and other Judge's , who shall fail in their duty anent the Premisse, that upon Information given to the Lords of Our Privy Council, they shall be therefore severely and examplarly punished, OUR WILL IS HEREFORE, and We charge you strictly, and Command, that Incontinent their Our Letters seen, ye pass to the Mercat Cross of Edinburgh, and Remanent Mercat Crosses of the whole head Burgh of the several Shires, and Stewartries within this Kingdom, and thereat in Our Name and Authority make Publication of the Premises, that none may pretend Ignorance. And Ordains Our Solicitor to transmit Copies hereof to the Sheriff's ●…d Stewarts of the several Shires and Stewartries, or their Clerks, to the effect the fame may published at the Mercat Crosses and thereafter, be transmitted to the Ministers in the several Paroch Churches within their respective bounds and Appoints the saids Ministers to cause Intimat the same at their several Paroch Churches, at any time betwixt and the first of December next, for all parochs on this side of the River of Tay, and betwixt: fifteenth day of the said Month for all parochs on the other side of the said River. And Ordains these presents to be printed 〈…〉 Given under Our Si 〈…〉