Advertisement by the Sheriff Deput of
Aberdeen-Shire undersubscryving, in relation to the
Lords of Councill their
Proclamation against
Forstallers, and allowing Importation of
Victuall.
PROCLAMATION
Against Regraiting of Victual, and Forestallers, and allowing the Importation of Victual free of Publick Burden.
WHereas, I have received the said Proclamation of date the Ninth day of Iune instant, and that the samen is of great import to be known generally to all in the Countrey, there being few who may not be concerned therein; Therefore I am advysed, and it is thought fit to cause Re-print the same, to be read at each Parish Kirk within this Shire, and whereof the tenor followes,
Forasmuch as by Several Acts of Parliament, the keeping up of Victual to a Dearth, is strictly Prohibited, and particularly, it is Statute by the Acts, Iames the Second Parliament Cap. sixth, twenty two and twenty three, that for the Escheuing of Dearth: Sheriffs, Bailies and other Officers both to Burgh, and to Land; inquire what Persons Buvs Victual, and holds it to a Dearth: And that the saids Sheriffs and Officers make such known, that in case they hold more then will Sustain them, and their Meinzie to New-Corn they may be punished, and Demeaned as Ockerers and Usurers; and the Victual Escheared to Us▪ and that the same be Presented to Mercats, and sold as the price goes. And by the Act Iames the Second Parliament ninth Cap thirty-eight and thirty-ninth, it is Ordained that no manner of Victual be holden in Girnals by any man to a Dearth, but allenerly what is needful for their own Persons, and Sustentation of their Housholds and that the saids Persons present all that they have more to the Mercat, under the Pain of Escheat thereof: And Searchers are appointed in Edinburgh and Lieth to make the saids Acts Effectual: As likewise, the Crime of For-stalling is forbidden by several Acts and Statutes, and particularly by the Act▪ Iames the Sixth, Parliament twelfth, Cap. one hundred and fourty eight it is Declared, that who Buyes any Merchandize, or Victual coming to Fair or Mercat, or makes any Contract or Promise for the buying of the same, before the said Merchandize or Victual shall be in the Fair or Mercat-Place ready to be sold, [Page 2] 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 Diswade any from coming, and bringing the foresaid Merchandize and Victual to Fair or Mercat, shall be Esteemed and Iudged a Forestaller; And it is Ordained that all such Forestallers may be Pursued before the Iustices, or Magistrats of Burghs, and that without a special Libel, but only upon Forestalling in General, and the Persons convict to be Fined for the first Fault in Fourty Pounds, for the Second in one hundred Merks, and for the Third to Incurr the Tinsel of Moveables. And seeing that through the not due Observance, and the Execution of the foresaids Acts: The C [...]lamity of the Countrey, by the present Scarcity and Dearth is greatly increased. THEREFORE We with Advice of the Lords of Our Privy Councill, have thought fit to Revive the same, and Ordain them to be put to Strict Execution, and for that Effect, to Impower and Require all Sheriffs of Shires; Stewarts of Stewartries, Lords and Bailies of Regalities, and their Deputs, and Magistrats of Burghs, as likewise all Commissioners of Supplie, and Iustices of Peace, to cause Inquire, and search to be made, who holds up, or Girnels Victual or keeps stacks contrary to the foresaid Laws, and to Command and Charge the keepers up of the said Victual in Girnels, Stacks, or otherways Contrary to the saids Statutes either to Thresh out, bring, and Expose the same for Sale, in open and ordinary Mercats, or otherwise to open their Girnels, and other Houses where the Victual is keeped, and there Sell the same, as the said Sheriffs, Stewarts of Stewartries▪ Lords and Bailies of Regalities, and their Deputs, and Magistrats of Burghs, or any two of the saids Commissioners, shall find the ordinary Price to Rule for the time in the Country not below the last Candlemass Fiers, with Certification that if they Failzie therein, they shall be Proceeded [...] and the Pains of the foresaids Acts of Parliament Execute upon them with all rigour: And in the mean time the Victual Girneled, and Unlawfully keeped up as said is, Arreasted and Sequestrat by the foresaid Sheriffs and others as Escheat. And further, We with Advice foresaid, Command and Charge all Magistrats of Burghs, and other Officers of the Land to take Care that all Mercats and Fairs be duely Regulat, conform to the Laws, without Extortion, and to cause put the foresaid Acts of Parliament against Forestallers to due and vigorous Execution: Certifying the foresaids Sheriffs, Magistrats and others, who shall fail in their Duty in the Premisses, that upon information given to the Lords of Our Privy Council, they shall be therefore severely Punished, as the Lords of Our Privy Council shall see▪ Cause. And further, for the better Releif of the Country under the present great Scarcity, whereby the Prices of Victual are a [...]sen above the Rates mentioned in the Act of Parliament for prohibiting the Import of Forraign Victual, We with Advice foresaid, do hereby grant Little and full liberty to all Persons to import Victual and Corn of all sorts▪ from any forraign Kingdom or Countrey, and that free of Custom, Excise, or other Imposition, and for that effect Recommends it to the Commissioners of Our Thesaury, to Discharge the Exacting thereof for the said Victual to be imported as said is, after the day and date hereof, and that notwithstanding of any Act of Parliament or Book of Rates Imposing the s [...]m [...], Declaring, that this License and Liberty, is to Endure until the First Day of September next to come, and no longer. OUR WILL IS HEREFORE, and We Charge you strictly and Command, that incontinent these Our Letters seen, ye pass to the Mercat-Cross of Edinburgh, and to the Mercat-Crosses [...] [Page 4] and others in Girnels now selling, or to be sold within Shire, [...] shall not exceed the sume of nine pound scots per [...] in ready money; as being the most ordinary current [...] for the time, and proportionally, for greater or lesser qu [...] tities of lawfull and standart measure: And in caice [...] be sold upon trust, that it be sold for such reasonable [...] proportionall rates to the said ready money, as may co [...] with Law, and without extortion upon the buyers.
And these are also ordaining, that all in this Shire who have Co [...] Bear in stacks, or otherwayes preserved, shall cause thresh or sell ou [...] same at reasonable Rates, proportinall to the foresaids Prices, as the [...] Corn and Bear would yeild in Meal or Malt, or make sell and dispo [...] the same in Meal or Malt themselves▪ by due sale at the Rates fore [...] And that none, whither Heretor or Merchant keep up Girnels of Vic [...] Meal, Bear or Malt, or any quantity thereof, any manner of way, t [...] then will serve their own Families to Martinmass next at farthest; [...] ifying such, whither in Burgh or Landwart, as shall doe in the con [...] or shall be guilty of any manner of Forestalling, or contraveening the Laudible Lawes and Proclamation abovementioned, either by keeping [...] Victual of any kind, or taking for the same above the Rates before ex [...] or any way Forestalling of Mercats, prohibited by the saids Lawes, upon complaint, or any discovery thereof, they will be persued legally punished conform to the Acts of Parliament and Councill made against transgressors, and their Forestalled Victual, or other Goods, seized made Escheat in manner, therein prescryved, and that with all ri [...] competent in Law: And that none pretend ignorance, thir presen [...] ordained to be published at each parish Kirk within this Shire, by [...] Readers thereat the next Lords Day immediatly after Divine Service, duely kept by them to be furth coming for the use of all concer [...] for which this is warrand.