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B05538 A proclamation, appointing masters for preserving the game. Scotland. Privy Council.; Scotland. Sovereign (1689-1694 : William and Mary) 1692 (1692) Wing S1701; ESTC R183413 4,684 1

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A PROCLAMATION Appointing Masters for preserving the Game WILLIAM and MARY by the Grace of GOD King and Queen of Great-Brittain France and Ireland Defenders of the Faith To Our Lovits Macers of Our Privy Council Messengers at Arms Our Sheriffs in that part conjunctly and severally specially constitute Greeting Wee taking to our Consideration the great prejudice the Kingdom doth sustain in the Decay of Deer Roes and Wild-Fowl Notwithstanding of the Care taken by our Royal Progenitors thereanent and of the many good and useful Laws made for preserving the Game to prevent and repair this Evil and Mischief and against the destroying of Smouts and Trouts with Criels and other Engines anent Cruives and Ȝairs steeping of Lint in Rivers Lochs and Burns where Fishes are And Particularly that by the 31 Act of the 23 Parliament of King Ja. 6th All Persons who are not Heretors are prohibited to Hunt or Hauk and that neither Heretor or other Shoot Deer or Roe in time of Snow As also that by the 11th Act. of the 4th Parliament K. Ja 5th and 210th Act of the 14th Parliament K. Ja 6th Letters are ordained to be direct charging all Keepers of our Forrests to permit no Pasturage within the Marches thereof But that they Sieze and Escheat them under the pain of losse of their Office And that Forresters of Forrests belonging to private Men shall apprehend such as Travel with Guns or Dogs in Forrests and carry them to the nearest Sherriffs Stewarts of Stewartries Baillies of Bailȝieries and Regalities or Justices of Peace to be secured to answer as accords of the Law And that all such of the Liedges who shall be required to concurr to apprehend such Persons give ready obedience as is ordained by the Forrest Laws Cap. 15. and Cap. 22 And those who conceal them to be fyned as art and part of the foresaid fault And sicklyke that all Persons are Commanded to forbear to slay any Muirfowl Heathfoul Partridge Quaill Duck or Mallard Tale or Atail or Tormicgan from and after the first day of Lent to the first day of July yearly according to the 108. Act Parl 7th K. Ja 1st excepting Water-fowl with Hauks in Dreidge-ing time And that the Killing of Muir-Fowl Powts before the first of July Heath-poutts before the first of August or Partridge or Quale before the first of September yearly is forbidden by the 23 Act Parl. 16 K. Ja 6th Item that by the 48 Act. Parl 4th K Ja. 4th Moor-burn after the last of March is discharged and the Masters are thereby to be lyable for all upon their Land Item That by the 210 Act Parl 14 K. Ja 6th Shooting Hunting or Haulking within six miles of our Palace are prohibited under the pains therein contained without expresse Licence of the Masters of the Game Item That by the 23 Act Parl 16 K. Ja 6th All selling or buying of Deer Roe Hairs Muirfoul Tarmicgan Heathfouls Partridge or Quails are discharged under the pains contained in the said Act. Item That by the 51 Act Parl 6th Queen Mary Hunting is forbidden on other Mens grounds without leave of the Owner And whereas by the 11th Act Par. 1st K Ja 1st Cruives and Ȝairs set on fresh water without expresse Infeftment 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 10th K. Ja 3d. And that by the 87. Act. Parl. 14th K Ja 2d It is statute that no man set Vessels Creils Weyrs Netts or any other Ingine to hinder Smouts from going to the Sea And that Coups Masses N●tts Prines set on waters that has course to the Sea be destroyed and who holds them up to be lyable as destroyers of Red-fishes Item That all Millers that slayes Smouts or Trouts with Criels or with any other Engine or any who Dames or Leaves shall be punished as slayers of Red-fish conform to the 73 Act Parl 5th K. Ja 3d. And where the transgressours has no means they are appointed to be put in Prison Irons or Stocks for the space of one Moneth upon their own expenses And if they have it not of their own To be fed on Bread and Water conform to the 89th Act Parl. 6th K. Ja. 6th And by the 13th Act Parl. 18th K Ja 6th The steeping of Lint in Rivers Lochs or Burns where Fishes are is discharged and that under the pain of Fourty Shillings Scots Toties Quoties and confiscation of the Lint And likewise the shootting of Hares or Herron at any time is expresly prohibited and discharged under the pains contained in the Acts of Parliament made thereanent And we also considering that by the 20th Act of the Parliament holden at Edinburgh in the year One thousand six hundred and Eighty five all the former Laws and Acts of Parliament made for preserving of the Game and an Act of King Charles the second with advice of his Privy Council of the date the ninth day of June One thousand six hundred and Eighty two years with the whole Laws and Acts of Parliament above-mentioned therein narrated are Revived Renewed Ratified and approven and whereby also all persons are prohibited and discharged to have or use setting-Dogs unless he be an Heretor of an thousand pounds of valued Rent and have expresse license of the Masters of our Game within their several bounds under the pain of five hundreth Merks Toties Quoties in case of Failȝie and that all Common-fowlers and Shooters of Fowl or any Persons except they be Domestick servants to Noble-men or Gentle-men who are Heretors of an thousand pownds Scots of valued Rent are discharged to have or make use of Setting-Dogs or Fowl-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 And that the Selling or Buying of Deer Roe Hares Moor-Foul Tarmicgan Heathfouls Partridge or Quailes is discharged for the space of seven Years next ensuing the Twenty of June One thousand six hundred and Eighty two years which we hereby think fit to prorogate and continue for the space of Five years commencing from the dait hereof And we ordain the pains and Penalties contained in the 23d Act Parl 16th K. Ja 6th to be exacted from the transgressors during the space foresaid And by which Proclamation Ratified and approven as said is for the better discovery of the Contraveeners Warrand is given to the Masters of our Game their Deputs or others impowered by either of them in their respective bounds to make search for any of the said Deer Roe Hares Moorfoul Tormicgan Heathfoul Partridge or Quails so killed in any suspect place within or without Burgh al 's well the Buyers as sellers in Mercat or outwith the samen or Foulers And to Seize Search Secure and confiscat the same for their own use And by which Proclamation so ratified as said is
The Masters of our Game are ordained to require all Heretors and others To throw down all Cruives and Ȝairs set on fresh waters without expresse Infeftments of Salmond Fishing betwixt and the first day of July thereafter under the Pain of an hundred Pound Scots to be uplifted off these who refuse And the Sherriffs and their Deputs are appointed to give speedy Justice therefore when desired by the Masters of the Game or their Deputs And the several Sherriffs and their Deputs Stewarts of Stewartries Bailȝies of Regalities and their Deputs and Magistrats of the next adjacent Burrows are ordained to concurr with the Masters of the Game for throwing down of the saids Cruives Criels Netts and Engines when they shall be required And if the saids Judges shall be found negligent that the foresaid Penalty be uplifted off themselves according to the 68th Act Par. 9th of Queen Mary And albeit that the Masters of the Game were appointed to have put the saids Laws to full and due execution conform to the power and warrand granted to them yet the same hath hitherto been altogether slighted and neglected And we being most desirous to follow the Laudable example of our Royal Ancestors who in their Reigns have made so many good Laws for preserving the Game And to the end the samen may receive the more vigorous execution We with advice of our Privy Counsel do hereby revive all the former Laws and Acts of Parliament made for preserving the Game And Commissionat the Persons Following to be Masters of Game within the respective Bounds after specified viz. The Earl of Lothian for the Shire of Edinburgh and Town thereof the Earl of Linlithgow for the shire of Linlithgow and Bathgate The Earl of Tweddale Lord high Chancellor for the shire of Haddingtoun The Earl of Callander for the shire of Stirling The Earl of Mar for the Shire of Clackmannan The Earl of Melvil Lord Privy Seal for the Shire of Fife The Master of Burlich for the Shire of Kinross The Lord Ruthven for the shire of Perth Be-west Tay And the Lord Kinaird for that shire on the east side of Tay The Marques of Athol for the Stewartries of Strathern Monteeth and Ballwhidder The Earl of Srathmore for the Shire of Forfar The Earl of Marishal for the Shire of Kincardine and for all below Mormouth-hill and the Water of Eugie in Bamff-shire Sir James Ogilvie of Church-hill for all the rest of Bamff-shire The Earl of Kintore for all betwixt Crathus Bannachie and the Sea in Aberdene-shire The Master of Forles in all above that in the said Shire The Lord Duffus for all from Spey to Ness high and low comprehending Elgin Nairn and Inverness-shire to Loch-ness Lord Lovat from Ness to Conon high and low excluding Cromarty-shire The Viscount of Tarbatt Lord Clerk-Register from Conon to Portnaculter and Okell Water and on the West from Lochew Cuiliscuack including Cromarty-shire The Earl of Sutherland for Sutherland excepting Assine which is in the last Division The Earl of Broad-Albine for the Shire of Caithness The Stewart of Orkney for Orkney The Earl of Argyle for the Shires of Argyle and Bute The Lord Polwart for the Shire of Berwick The Earl of Roxburgh for the Shire of Teviotdale The Duke of Hamilton for the Shire of Lanerk The Lord Montgomery for Cunninghame The Earl of Cassils for Carrick The Master of Cathcart for Kyle within the Shire of Air The Lord William Dowglass for the Shire of Peebles The Earl of Glencairn for the Shire of Renfrew The Laird of Luss for the Shire of Dumbarton The Viscount of Stair for the Shire of Wigtoun The Earl of Galloway for the Stewartry of Kirkcudbright The Duke of Queensbersy for the Shire of Dumfreis and James Murray of Philiphaugh one of the Senators of the Colledge of Justice for the Shire of Selkirk Hereby Impowering and Warranting them to put the standing Laws in execution in so far as concerns the preserving of Forrests Wild-foul and Fishing especially the Laws and Ordinances above-specified And We require all our Judges ordinar in their respective Bounds and Jurisdictions to give speedy Justice thereupon in favours of the saids Masters of Our Game or their Deputs when they delate or pursue Delinquents before them as they will be answerable upon their Duties and Offices And all Sheriffs Mayors and other Officers and Fiscals of their respective Courts are ordained to Cite Delinquents before these Courts as they shall be informed thereof and Witnesses to prove the samine and to prosecute the samine until final Sentence be pronounced against them and thereafter see these Sentences put to due and lawful execution the expences whereof is to be payed out of the first and readiest of the Fines of the Delinquents so uplifted at the sight of the respective Masters of Game under the pain of Deprivation and further Censure in case of neglect as Our Council shall find cause And for further enabling Our saids Masters of Game We impower them to appoint Deputs one or moe for whom they are to be answerable as well for their Diligence as Fidelity and that their saids Deputs themselves nor none by their connivance take upon them to contraveen this Proclamation and destroy the Game 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 imploy them in the said service withal Certifying them that if they be remiss or negligent in their duty they are to be discharged of their Offices and Fined by Our Privy Council as they shall find cause And We declare Our said Commission to continue and endure for the space of seven years after the date hereof and 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 Premisses that none pretend ignorance Given under Our Signet at Edinburgh the Ninth day of August and of Our Reign the Fourth Year 1692 Per Actum Dominorum Secreti Concilii in Supplementum Signeti DA. MONCRIEF Cls. Sti. Concilii Edinburgh Printed by the Heir of Andrew Anderson Printer to Their most Excellent Majesties Anno DOM. 1692.