C R 〈◇〉 SOIT QUI MAL Y PENSE royal blazon surmounted by a crown A PROCLAMATION, Reviving the Laws anent Hunting, Hawking, Fishing and appointing Masters of Game. CHARLES, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, To 〈…〉 Macers, or Messengers at Arms, Our Sheriffs in that part, conjunctly and severally, specially ●●●stitu●● Greeting; We ●●king to Our Consideration the great prejudice the Kingdom doth sustain in the decay of dear, Roes, and Wild-Fowl, and that there is not only danger of an utter decay of so useful Creatures; but the Manly Exercises of Hunting and Hawking, like to be altogether neglected; And albeit Our Royal Progenitors have made many good Laws to prevent and repair this great evil and mischief, and against the destroying of Smolts or Trouts, with Creels, and other Engines, anent Cruives and Ʒaires, steeping of Lint in Rivers, Lochs and Burns, where Fish are; which good Laws, although they be yet in force unrepealled, yet by the distractions of the late Times, they have been less regarded these many Years by gone, to the enorm lesion of Our People, and contempt of Our Authority: Have therefore, with Advice of Our Privy Council, thought fit hereby to Revive all the Laws that stand yet unrepealled, or innovate, for preserving of do, row, Hares, and Wild-Fowl; and especially the 31 Act of the 23 Parliament of K. James the sixth, whereby all Persons who are not heritors, are prohibited to Hunt or Hawk, and that neither Heretor or other shoot dear or row in time of Snow: As also, the 11 Act of the 4 Parliament of K. James the fifth, and 210 Act of the 14 Parliament of K. James the sixth, by which, Letters are ordained to be direct, charging all Keepers of His Majesties Forrests, to permit no Pasturage within the Marches of the Forrests, but that they seize and escheat them, under the pain of loss of their Office; and that Forresters of Forrests belonging to private Men, shall apprehended such as travail with Guns or Dogs in Forrests, and carry them to the nearest Sheriff, or Justice 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 apprehended such Persons, give ready Obedience, as is ordained by the forest Laws, cap. 15, and cap. 22. and these who conceal them, to be fined as Art and Part of the said fault. And further, We do hereby forbid all shooting of Hares, or Herron at any time, under the pains contained in the Acts of Parliament made thereanent. Item, That all Persons forbear to slay any Muir-fowl, Heath-fowl, Partridge, Quail, Duck, or Mallard, Tale, or Atale, or Tormichan, from and after the first day of Lent, to the first of July yearly, according to the 108 Act. Parl. 7. K. Ja. 1. excepting Water-fowl with Hawks in Dredging-time. Item, The 23 Act. Parl. 16. K. Ja. 6. Forbidding the killing of Muir-fowl-pouts before the first of July, Heath-pouts before the first of August, or Partridge or Quail before the first of September yearly. Item, We Revive the 48 Act. Parl. 4. K. Ja. 4. forbidding Muirburn after the last of March, and the Masters to be liable for all upon their Land. And further, We considering that Setting-Dogs, and other Engines for killing of Fowl, is a great cause of the scarcity of Game; We do hereby prohibit and discharge all Persons, to have or use Setting-Dogs, on this side of the River of Tay, nor besouth Clyde on the West cost; and that none have or use them benorth Tay or Clyde, unless he be an Heretor of one thousand Pound of valued Rent, and have express licence of the Master of Our Game within their several Bounds, under the pain of five hundred marks, toties quoties, in case of failʒie. And We do hereby discharge all common Fowlers, and Shooters of Fowl, or any Persons, except they be Domestick-Servants to Noblemen or Gentlemen, who are heritors of one thousand Pound Scots of value ent, to have or make use of Setting-Dogs or ing-pieces, under the pain of escheat of such Dogs or Guns, and imprisonment of their Persons for the space of six Weeks, toties quoties. Item, We Revive the 〈◇〉 Act. Parl. 14. K. Ja. 6. whereby Shooting, Hunting, or Hawking within six Miles of Our Palaces are prohibited, under the pains therein contained, without express licence of the Master of the Game: And seeing the Fowls, Hares and Roes are already so far destroyed, that there is just ground to fear a total decay thereof, We therefore with Advice foresaid, do Rivive the 23 Act. Parl. 16. K. Ja. 6. forbidding all selling or buying of dear, row, Hares, Muir-fowl, Tormichan, Heath-fowls, Partridge, or Quail, for the space of three Years next ensuing April, in this instant Year 1680, under the pains contained in the said Act; And for the better discovery of the contraveners, We do hereby give warrant to the Masters of Our Game in the respective Bounds, to make search for any of the saids dear, row, Hares, Muir-fowl, Tormichan, Heath-fowls, Partridge, or Quail in any suspect place, within or without Burgh, either in the Houses of common Fowlers, Buyers, or Sellers, and to seize upon, secure and confiscate the same for their own use; as also to apprehended the same at the Ports of any Burghs, or other places, and confiscate the same as aforesaid. Item, We do hereby Revive the 51 Act. Parl. 6. of Q. Mary, forbidding Hunting on other Mens Ground without leave of the Owner. And whereas by the 11 Act. Parl. 1. K. Ja. 1. Cruives and Ʒaires set on fresh Water without express Infeftments of Salmond-Fishing, are ordained to be destroyed and put away for ever, and that where Cruives are allowed by Infeftments, that ilk Heck be three Inch wide, which is ratified by the 73 Act. Parl. 10. K. Ja. 3. And by the 87 Act. Parl. 14. K. Ja. 2. It is statute that no Man set Vessels, Creels, Weirs, Nets, or any other Engine to hinder Smolts from going to the Sea, and that Coups, Masses, Nets, Prins set on Waters that has course to the Sea be destroyed, and who holds them up, to be liable as destroyers of read Fish. Item, That all Millers that slays Smolts or Trouts with Creels, or any other Engine; or any who Dams or Laves, shall be punishable as Slayers of read Fish, comform to the 37 Act. Parl. 5. K. Ja. 3. And where the transgressors has no Means, they are appointed to be put in Prison, Irons, or Stocks, for the space of one Month upon their own expenses; and if they have it not of their own, to be fed on Bread and Water, comform to the 89 Act. Parl. 6. K. Ja. 6. And by the 13 Act. Parl. 18. K. Ja. 6. The steeping of Lint in Rivers, Lochs, or Burns where Fish are, is discharged, under the pain of forty Shilling Scots, toties quoties, and confiscation of the Lint: Which good and ancient Laws yet standing unrepealled or innovate, We have thought fit hereby to Revive and Ordain to be put in Execution: Ordaining hereby the Masters of Our Game to require all heritors and others, to throw down all Cruives and Ʒaires set on fresh Water, without express Infeftment of Salmond-Fishing, betwixt and the first of June next, under the pain of one hundred Pounds Scots, to be uplifted off these who refuse, and the Sheriffs and their Deputes to give speedy Justice therefore when desired by the Masters of Game, or their Deputes. And We appoint the several Sheriffs and their Deputes, Stewarts of Stewartries, Bailiffs of Regalities and their Deputes, and Magistrates of the next adjacent Burrows to concur with the Masters of Game, for throwing down of the saids Cruives, Creels, Nets and Engines, when they shall be required; and if the saids Judges be found negligent, that the foresaid Penalty be uplifted off themselves, according to the 68 Act. Parl. 9. of Q. Mary. And to the effect the saids Laws may receive the more vigorous Execution, We do hereby Commissionate the Persons following to be Masters of Game, within the respective Bounds after specified, viz. Mr. John Maitland, for the Shire of Edinburgh; the Earl of Haddington, for East Lothian; the Earl of Linlithgow, for Linlithgow Shire; the Earl of Mar, for Stirling Shire, the Earl of Rothes, Lord Chancellor, for Fife and Kinross; the marquis of Athol, Lord Privy Seal, for Perth Shire; the Earl of Southesk, for Forfar Shire; the Earl Marischal, for the Shire of Kincardin, and for all below Mormouth Hill, and the Water of Eugie in Bamff Shire; and the Earl of Airly, for all the rest of Bamff Shire; the Earl of Dumfermling, for all betwixt Crathus, Bannachie, and the Sea in Aberdeen Shire; the Earl of Aboyne, in all above that in the said Shire; the Earl of Murray, for all from Spey to Ness, high and low, comprehending Elgin, Nairn and Innerness Shires, to Lochness; the Earl of Seaforth, from Ness to Conan, high and low, comprehending Cromarty Shire; Sir George Mckenʒie of Tarbet, Lord Justice General, from Conan to Portnaculter and Okel-Water, and on the West from Lochew to Cuiliscuack; the Lord Duffus, for Sutherland, excepting Assint, which is in the last division; the Earl of Caithness, for Caithness; Captain Andrew Dick, for Orkney; the Earl of Argile, for Argile Shire; the Earl of Home, for the Shire of Perwick; the Earl of Roxburgh, for the Shire of Teviotdale; the Lord Duke of Hamilton, for Lanerk Shire; the Earl of Kilmarnock, for the Shire of Air; the Laird of Posso, younger, for pebbles Shire; the Earl of Glencairn, for the Shire of Renfrew; the marquis of Montrose, for the Shire of Dumbartoun; the Laird of Burghtoun, for the Shire of Wigtoun; the Earl of Nithisdale, for the Stewartry of Kircudbr●ght; the Earl of Queensberry, for the Shire of Dumfries. Hereby empowering and Warranting them to put the standing Laws in Execution, in so far as concerns the preserving of Forrests, Wild-fowl and Fishing, especially the Laws and other Ordinances above specified. And We Require all Our Judges in their respective Jurisdictions, to give speedy Justice in favours of the said Masters of Our Game, or their Deputes, when they pursue Delinquents before them. And for further capacitating of Our said Masters of Game, We empower them to appoint Deputes, one or more, as they shall find expedient; And to encourage them in so good Service to Us, and Our People, We hereby allow Our parts of all Fines and Unlaws due to Us by Our Laws, for the Crimes relating to Forrests, Game, and Fishing, in favours of the saids Masters of Our Game within their respective Bounds, and during the time We shall think fit to employ them in the said Service; Withall certifying them, that if they be remiss or negligent in their duty, they are to be fined by Our Privy Council, according to the quality of their offence. And We Declare Our said Commission is to continue and endure until We or Our Privy Council think fit to recall the same. Our Will is herefore, and We charge you straitly, and Command, that incontinent, these Our Letters seen, ye pass to the Mercat-Cross of-Edinburgh, and other Mercat-Crosses of the Head-Burghs of the several Shires of this Kingdom, and other places needful, and there by open Proclamation, make publication of the Premises; And that these Presents be printed, that none pretend ignorance. Given under Our Signet, at Edinburgh, the second day of March, One thousand six hundred and eighty Years. And of Our Reign the thirty two Year. Per actum Dominorum Secreti Concilij, AL. GIBSON, Cl. Sti. Concilii. GOD save the King. EDINBURGH 〈…〉 Heir of Andrew Anderson, Printer to His most Sacred Majesty; Anno Dom. 1680.