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‘DIEV ET MON DROIT’ ‘HONI SOIT QVI MAL Y PENSE’


His Majesties Gracious Proclamation, for Ordering the Prosecution of all Rebels and their Ressetters, for holding Justice-airs, and admitting Rebels not Heretors, to take the Test, &c.

CHARLES by the Grace God, King of Great-Britain, France, and Ireland, Defender of the Faith:
To Our Lyon King at Arms, and his Brethren Heraulds, Macers, Pursevants, and Messengers at Arms, our Sheriffs in that part, conjunctly, and severally, specially Constitute Greeting:

Forasmuch, as We by our Gracious Letter, under Our Royal Hand, directed to our Privy Council, Dated at Our Court at New-Mercat, the twentie first day of March last, did signify how well We were satisfied with the Account We had lately received of the State of Affairs in this Our Ancient Kingdom, and with the successful Me­thods Our Council had fallen upon, for settling the Peace therein, and reducing People to Order and Conformity; and in this Exigence, did think sit it should be made known to Our People by Proclamation, that though We have been too often induced to grant Indempnities and Indulgences, and other Favours, to that Phanatick and disaffected Party, which (as Time and Experience have showen) had no other Effects then to encourage them to further Disorders, and embolden them to abuse Our Royal Goodness, whatever fair hopes were given Us at the procuring of them; yet it was still, and is now more then ever Our Royal Inclination, and firm Resolution, to extirpate and root out these Seditious and Rebellious Principles, and to maintain the Church-Government as it is Established by Law: And seeing We are now fully perswaded, that it is neither difference in Religion, nor tenderness of Conscience (as is pretended) but meerly Principles of Disloyalty, and Disaffection to Us and Our Government, that moves there (under pretext of Religion) to disturb the Quiet of Our Reign, and Peace of this Our Ancient Kingdom: Therefore We do strictly Require Our Privy Council, and all Our Judges and Magistrates, to put the Laws vigorously in Execution against all Persons, who, since Our late Indempnity, have been, or shall be hereafter, found guilty of any Phanatical Disorders or Irregularities, (especially those who continue obstinate in them.) And seeing We are informed, that several of Our Subjects are so Disloyal to Us, and Inhumane to their Country, as to harbour, resset and entertain the Disturbers of its Peace, open and declared notour Rebels and Traitors: We do therefore likewise Command, that all such Persons as are, or shall be found guilty of Ressetting, Maintaining, Harbouring, Intercommuning, Conversing with, or doing Favours to Persons who are Forefaulted, Traitors, or denounced and registrat at the Horn for Rebellion, be pursued before Our Justice Court, and punished as Traitors according to Law. And though all persons guilty of Resetting, Maintaining, Harbouring, Intercommuning, Conversing with, or doing Favours to notour and known Rebels, that have actually been in the Rebellion, (albeit neither Forefaulted as Traitors, nor Denunced and Registrat at the Horn for Rebellion) may be also punished with the pains of Treason. Yet lest any of our Subjects may have fallen unhappily into that Mistake, because of the great number of Rebels that for several Years have haunted and frequented some parts of our Western and Southern Shires, We in Our Royal Prudence and Clemency, Recommend to Authorize and Impower Our Privy Council, that as they shall see cause, they may give Warrand to, and command Our Advocate to cause Summon and Cite before them, such Persons as they have reason to suspect, to be guilty of the Crimes of Ressetting, Maintaining, Harbouring, Intercommuning, Conversing with, or doing Favours to any notour or known Rebels, that have been actually in the Rebellion; and which Rebels have not been Forefaulted as Traitors, or Denunced and Registrat at the Horn for Rebellion, before the time those Persons Ressetted, Harboured, Maintained, or Intercommuned, Conversed with, or did them Favour: As also all Persons guilty of Intercommuning, or Conversing (even with Forefaulted Rebels, or Denunced or Registrat at the Horn) occasioned by chance and accident; And We do Authorize and Impower Our Privy Council to judge them upon Pro­bation of Witnesses, or Oath of Party, as they shall see most convenient for Our Service; and in case they refuse to Depone, or to appear when cited personally, or at their Dwelling-Houses, or at the Mercat Cross of Edinburgh, Peer and Shoar of Leith, if out of the Kingdom, to hold them as confest, and to restrict the ordinary pains of Treason, to Banishment, Fining, or other Arbitrary Punishment. Likeas, We do hereby Declare, that such Persons so judged by our Privy Council, shall upon Absolvitor, or satisfying of the Sentence, be as fully Secured and Indemnified, as to these Crimes, for which they shall be so judged by them, as if they had a particular Remission for each of these Crimes, under Our Great Seal: And being also perswaded that Our Privy Council will use all Diligence, to bring to condign Punishment, such who deserve the same, and desirous to secure Our Subjects; We do declare, that after the space of three Years, from the first of January 1684, no new Process shall be raised, nor any Person pursued (save only such as have been Cited within the foresaid time, upon the Head of Ressetting, Maintaining, Harbouring, Intercommuning, Conversing with, or doing favours to Forefaulted Rebels, or others, Acted, done, or committed at any time preceding the first of May, 1683. We do also likewise give to Our Privy Council full Power and Authority, when they shall find it necessary for Our Service, to Commissionat such as they shall think fit in the respective Shires, for Judging those they have not time or conveniency to call before themselves, and are guilty of Ressetting, Maintaining, Harbouring, Intercommuning, Conversing with, or doing favours to Persons who are notour, and known Re­bels, and who have been actually in the late Rebellion, though not Forefaulted, nor Denunced and Registrat at the Horn for Rebellion: As also, all Persons guilty of Intercommuning, or Conversing, even with Forefaulted Rebels, or Denunced, and Registrat at the Horn, occasioned by chance and accident, and that in the same way, and with the same Powers that We have have hereby allowed to Our Council. And because several of Our Commons that were engaged in the late Rebellion, may have (through Ignorance) lost the benefit of Our Indemnity, by not taking the Bond in due time, and are yet desirous to return to their Duty: We do declare, that all such who shall take the Test, before Our Privy Council, or Our Justiciary, or any Commissionated by the Council, any time betwixt this and the first of August next, shall, and are hereby declared to be as sufficiently Indemnified, as they would have been, if they had taken the Bond in due time. And for that effect, and for punishing such as refuse, thus to be Reclaimed. We do hereby also Order, That Circuit Courts be holden in Our Western and Southern Shires, and other places needful in the Months of May, June, July, or August next; and that after Our Council hath caused take up exact porteous Rolls of all such who are guilty of, or accessary to the late Rebellion, that have not the benefit of Our general Indempnity, or special Remissions, or are otherways cleared and acquitted by Law, their Names, after they shall be Denunced Fugitives, be Printed, Published, affixed upon all the Mercat Crosses within this Kingdom, to the end all our dutiful Subjects may know, both whom to shun, and whom to apprehend. After all which Declarations of Our Royal Pleasure, We expect that none will dare to adventure to commit any of the fore­said Crimes, being fully resolved, not to shew further Favour or Clemency, to any who hereafter shall be found guilty thereof. Our Will is therefore, and We Charge you strictly and Command, that incontinent, these Our Letters seen, ye passe to the Mercat Crosse of Edinburgh, and to the whole Mercat Crosses of the head Burghs of the Shires and Regalities of this Kingdom, and other places needful, and thereat, by open Proclamation, make publication of the Premisses, to the effect all Persons concerned may give Obedience, and conform themselves to Our Royal Pleasure aforesaid. And furder, in Prosecution of the Ends and Designs foresaids; We, with Advice of Our Privy Council, have thought sit hereby to Ordain and appoint Our Circuit Courts of Judiciary, to be holden and keeped by the Commissioners and Judges thereof, at the Place and Burghs, and upon the days, and for the Shires respective after-specified, viz. at the Town of Strivling the fifth of June next, for the Shires of Strivling, Clackmannan, Kinross, Fife, and Pearth, besouth the River of Ern, and the Steuartry of Monteith: at the Town of Glasgow the twelfth day of the said Month, for the Shires of Lanerk, Renfrew and Dum­bartoun: at the Town of Air the ninteenth day of the said Month, for the Shire of Air, and Jurisdiction within the same, and the Shire of Wigtown: at the Town of Dumfreis the twentie first day of the said Month, for the Shires of Dumfreis, the Steuartries of Kirkoudburgh and Annadale: at the Town of Jedburgh, the third day of July for the Shires of Roxburgh, Berwick, Selkirk, Peebles, and Bailliries of Lauderdail: At the Town of Edinburgh the tenth day of July, for the Shires of Edinburgh, Haddingtoun and Linlithgow. Whereof We Ordain you to make Publication at the Mercat Cross of Edinburgh, as also at the Mercat Crosses of the head Burghs of the Sheriffdoms of Strivling, Clackmannan, Kinross, Fife, Pearth, Lanerk, Renfrew, Dumbarton, Air, Wigtoun, Dumfreis, Jedburg, Selkirk, Peebles, Dunse, Lauder, Haddingtoun, and Linlithgow, where-through none pretend ignorance of the same; that the saids Justice Courts are to be holden upon the days, and at the Burghs and places respective above­written; And that ye Command and Charge, all Arch-bishops, Dukes, Marquesses, Earls, Bishops, Lords Spiritual and Temporal, Barons, and others. Our Free-holders, who hold Lands of Us in Chief, and oweth Sute and Presence within the several Bounds, Shires and Precincts, belonging to the saids respective Circuit Courts, to compear before the saids Commissioners at the saids Courts, upon, and at the days and places foresaids, with continuation of days, to do whatever in Law is Incumbent, and ought to be done by them in that behalf. As also, that ye Command and Charge all and sundry the saids Dukes, Marquesses, Earls, Lords Spiritual and Temporal: As also, Lords of Regalities, Steuarts, Barons, Sheriffs, Justices of the Peace, Baillies, Chamberlands, Magistrats and Ministers of Our Laws, and all Subordinat Judges within our Sheriffdoms above-written, and whole Leidges of the same, that they, and every one of them give all due Respect to Our Commissioners, and Justices foresaids, and such special Assistance, as to their Offices and Duties appertains, and as is Incumbent to them by the Laws and Acts of Parliament of this Kingdom, as ost as they shall be required by Our Commissioners, to that effect, as they and every one of them will answer upon the contrary, and under all highest Pain and Charge that after may follow; and particularly, that ye Command Our Sheriffs, that they cause sufficient and legal Men compear before Our saids Commissioners, at such Diets and Places as the Commissioners shall appoint for Assizes and Witnesses, as they shall be Cited to that effect: As also, that the saids Sheriffs and Free-holders within the several Shires foresaids, meet Our saids Justices at their Entry into the Shire, and convey them into the same, and accompany them during their remaining, ay and while they be received by Our next Sheriff, and his Deputs into the next Shire. And because there has been several great Abuses committed in Taking and Administring the late Bond, appointed by Our late Indempnities, and the Persons intrusted have been frequently imposed upon, by their being induced to admit Persons to take the said Bond under false Names and Designations, and that even many false Subscriptions have been returned through the Collusion of such as were Illegally substitute by the Persons Intrusted: Therefore We Ordain, that all these Commons who shall apply themselves for having the benefit of the Test, shall take the same, repeating the words upon their Knees, in presence of any two of the Persons after-mentioned, and a Clerk, who are appointed to return the Test so Subscribed, to the Clerks of Our Privy Council, betwixt and the first of September next, with Certisicat at the end thereof, Subscribed by any one of the said two Persons, or more present Intrusted, and their Clerk bearing the time and place when they did sign the same, and that they knew the Persons Subscribing, to be of the Designations condescended upon, or were credibly informed by Persons they knew, that they were such; and where the Persons could not Subscribe themselves, that they heard them give Direction to two Nottars, to Subscribe for them: And which Test so Sub­scribed, and returned, and a Certificat granted thereupon, shall be as sufficient to the Subscribers, as if they had Our particular Act of Indemnity. The Persons intrusted by Us, are all Privy Counsellours, Lords of the Session and Justiciary, Captains of Our Forces, and superiour Officers upon the place, Sheriffs, Steuarts and Baillies of Regalitics, or their Deputs in their respective Jurisdictions, or Provosts of Burghs Royal, or the Baillies: As also, the particular Persons under-written, viz. John Dalmahoy of that Ilk, Sir John Couper of Gogar, the Lord Elebank, William Murray of Spot, Sir William Ruthven of Dunglass, Adam Hepburn of Humby, [...] Sharp of Houstoun, Alexander Miln of Carrin, the Lord Sinclar, Sir Philip Anstruther of that Ilk, [...] Lindsay Commissar of St. Andrews, Sir William Sharp of Scotscraig, Sir Alexander Bruce of Broomhall, the Lord of Lie, Sir John Whiteford of Milntoun, John Skeen of Hallyards in Lothian, Sir Robert Dalȝel of Glannae, Sir Robert Grierson of Lagg, Robert Ferguson of Craigdarrach, the Lord Montgomery, the Lord Crightoun, the Laird of Blair, Sir Archibald Kennedy of Collen, John Boil of Kelburn, James Crawfoord of Ardmillan, [...] Colquhoun of Luss, John Grahame of Dugalstoun, the Lord Ross, Thomas Crawfoord of Carsburn, Richard Elphingstoun of Airth, Patrick Haddin of Langrig, Alexander Seten of Touch, Mungo Haddin of Glennages, Sir Robert Murray of Abercairney, Sir John Drummond of Machany, John Drummond of Deinstoun, Andrew Lord Rollo, Sir David Dumbar of Baldoon, Hugh Moguffolk of Rusco, Sir Godfrey Meceulloch of Miretoun, Robert Lourie of Maxweltoun, [...] Ker of Gradine, [...] Lord Jedburgh, John Riddel of Haining, George Pringle of Blindies, Sir James Cockburn of that Ilk, [...] Hoom of Linthil, Mr. Harie Hoom of Kames, Sir William Purvos of Purvishall, Sir William Murry of Stenhop, James Naesmith of Posso, John Veatch of Daick, Alexander Cochran of Barbachly, John Dundass of Mannor, John Skeen of Halyards in Fife, Sir Robert Maxwel of Orchyardtoun, [...] Bruce of Earls-hall, [...] Grahame Cornet, and Mr. David Grahame Quartermaster to the Laird of Claver-house his Troop, Sir Francis Ruthven, Lieutenant to the Laird of Meldrum, Sir William Keith of Ludaquharn his Cornet, and Sir James Douglass of Kelhead. And to the Effect, that the Persons allowed to take the Test, may have convenient Opportunities for taking the same, We do Require the Persons foresaids, appointed for Administring the Test, to meet amongst themselves, and condescend upon frequent Dyets and Meetings, at convenient places, and that they cause make timeous and publick Intimation thereof at Paroch Kirks, and other places needful, that all Persons concerned may know when and where to attend; and if any of the Persons Commissionat to Administrat the said Test, have not taken the same themselves, We appoint them first to take it in presence of some of those above-mentioned, who have formerly taken the same before they administrat it to others; The which to do, We commit to you, conjunctly and severally, Our full Power, by these Our Letters, delivering them by you, duly executed, and indorsed again to the bearer.

Per actum Dominorum Secreti Concilij. WIL. PATERSON, Cls. Sti. Concilij.

GOD save the KING.

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