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


A PROCLAMATION, Concerning Circuit Courts, &c.

CHARLES, by the Grace of GOD, King of Great Britain, France and Ireland, Defender of the Faith;
To our Lovits [...] Heraulds, Macers, Purse­vants; or Messengers at Arms, Our Sheriffs in that part, conjunctly and severally, specially constitute Greeting:

Forasmuch, as by our Proclamation of the twenty seventh day of July last, we have indempnified and pardoned, with the Exceptions therein specified, all such as were ingaged in the Rebellion, 1666. or the late Rebellion in this present year 1679. providing they appear before such as our Privy Council shall nominate, betwixt and the days exprest in the said Proclamation, and enact themselves in manner therein mentioned; And as it is our Royal Intention, that the said pardon and indemnity shall be effectual to all such persons as shall accept the benefit thereof; so it is our express Will and pleasure, that such persons as shall not enact themselves betwixt and the days exprest in the said Proclamation, be proceeded with the utmost severity the Law does allow: As also, it being most just and necessary for vindicating the Honour and Reputation of this our antient Kingdom, that the persons guilty of that horrid Assassination and Murther, of the late Bishop of St. Andrews (which we will never forget) may be brought to condign punishment; and all legal courses taken for that effect; Therefore We, with Advice of our Privy Council, do ordain Justice airs, or Circuit Courts to be holden by the Commissioners of our Justitiary, at the places, and upon the days after mentioned, viz. At the Town of Stirling, the first day of October next, for the Shires of Stirling, Dumbartoun, Clackmannon, Perth besouth the River of E [...]rn, and the Stewartry of Monteith: At the Town of Glasgow, the eighth day of October, for the Shires of Lanerk and Renfrew: At the Town of Air, the fifteenth day of October, for the Shire of Air and Jurisdiction within the same: At the Town of Dumfriese, the twenty two day of October, for the Shires of Dumfriese, and Wigtoun, the Stewartries of Kirk­cudburgh and Annandale: At the Town of Cowper in Fife, upon the first day of the said Month of October, for the Shires of Fife and Kinross: At the Town of Edinburgh, the eighth day of October, for the Shires of Edinburgh, Haddinteun and Linlithgow: At Jedburh the fifteenth day of October, for the Shires of Roxburgh Selkirk, Peebles, Berwick and Bai­liry of Lauderdail. With power to the saids Commissioners to divide themselves in two Circuit Courts, to the effect aforesaid. In which Courts, the saids Commissioners are to proceed against the persons who were ingaged in the said Rebellion, and have not accepted, or shall not except the benefit of our Indemnity▪ by enacting themselves in the Terms of our Gracious Proclamation, within the Dyets therein mentioned, and particularly against the Murderers of the late Arch-bishop of St. Andrews; and that the saids Commissioners issue Citations against all the saids Rebels, and specially against the saids Murderers, containing a particular description of these Murderers: Which Citations are to be execute at the Mercat Cross of the Head Burgh; of the Shires where these persons dwells, or formerly dwelt, or where they ordinarily haunt or resort, to the effect that none may supply, harbour, commune, or correspond with the said Murderers, nor with any other of the Rebels, before these other Rebels, not accessary to that horrid Murder, enact themselves, conform to our Act of Indemnity; And in case any person shall contraveen, they shall be proceeded against with all rigor, as accessary to the said Rebellion and Assassination. And furder, We, with advice aforesaid, do ordain the Heretors and Masters of the ground where any of the Re-bels have their dwelling and residence, to present to the said Justice airs, the persons of these Rebels, who shall not before the dyets contained in our Act of Indemnity, enact themselves not to bear Arms against us, or our Authority; with power to them to apprehend their persons; And in case of their refusal to enact themselves (as aforesaid) to send them to the next prison, there to be detained and kept in safe firmance, until the enact themselves as a­foresaid, within the said Dyets and thereupon be dismist; or otherwise to detain and present them to the Justice airs, And in case the saids Masters do not apprehend them, by reason of their being fugitive, or latent, that after the saids Dyets they remove them, their Wives Bairns, and Servants off their Ground, un erth Certifications contained in the Acts of Par­liament. And the Clerks of the Justice Court, are hereby ordained, to go before the saids dyets, in due time, and take up a portuous Roll of the Names and Designations of the saids Rebels already known and contained in our Proclamation, or that shall be declared upon Oath to have been in the Rebellion, or to have harboured the Rebels before enacting them­selves (as said is) or the Murderers of the late Arch-bishop of St. Andrews, or have been at Field Conventicles since our last P [...]oclamation of the twenty ninth of June last, or that since the said day have threatned, abused, or robbed the Orthodox Clergy, and that they cause i e the persons guilty of the saids Crimes, to the saids Justice airs, and that they take informa­tion upon Oath, of the Lands, Sums and Moveables belonging to the Rebels, and that they cau [...]e a [...]est Rents of their Lands, Sums and moveables, and put upon Inventor, and bond in the custody of their Masters; and in case their Masters refuse, in the Custody of some other sufficient person to be made forthcoming, in case they shall be condemned guilty of the said Rebellion, and that they return an exact account thereof, and of their diligence to our Coucil at their next dyet, being the eighteenth day of Septemb [...]r next. And We with advice aforesaid, do hereby require the saids Commissioners of our Justiciary, to proceed against such of the saids Murderers as were in the Rebellion (though in absence) and that it be a part of their Sentence to be hanged in Effigie, in all the Shiers of Scotland, that they may be more easily discovered and apprehended, that none be deceived in harbouring of them, or communing with them under false Names and Designations: And for the encouragement of any person or persons to apprehend the said Murderers. We do hereby give assurance to any who shall apprehend them, and present them to our Council, dead or alive, or shall so discover them, as that thereby they be apprehended, they shall be indemnified and rewarded in the sum of ten thousand Merks Scots Mony, and in case of the concourse of moe persons, by discovering, or joyning in the apprehending of them, the said sum shall be divided amongst them; and in case any of the saids Murderers be apprehended and taken, or discovered, so that thereby they may be taken by any persons excepted in our Acts of Indemnity, they shall also be indemnified (notwithstanding they fall within the exception) and a pardon shall be past for them under our Great Seal; and in Case they apprehend John Balfour of Kinloch, and David Haxstoun of Rathill [...]t, dead or alive, they shall not only have their pardon, but also the reward aforesaid. Our Will is thefore, and we charge you straitly, and Com­mand, that incontinent these our Letters seen ye pass to the Mercat Cross of Edinburgh, as also to the Mercat Croses of the Head Burghs of the Sheriffdoms, Haddington, Linlithgow, Perth, Roxburgh, Selkirk, Berwick, Peebles, Dumfrie [...]e, Stirling, Dumbart [...]n, Clackmannan, Lanerk, Renfrew, Air, Wigtoun, Fife, Stewartry of Kircudburgh, and other places needfull and thereby open Proclamation, make publication of the said Circuits, to all our Leidges and Subjects, where through none pretend ignorance of the same, that the said Circuit, Courts are to be holden upon the days, and at the Burghs and places respective above written; and that ye command and charge all Dukes, Marquesses, Arch bishops, Earls, Lords Spi­ritual and Temporal, Barons, and others of our Free-holders, who hold Lands of us in chief, and owe suit 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 foresaid, 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 all and sundry the saids Dukes, Marquesses, Earls, Lords Spiritual and Tempo­ral; as also, Lords of Regalites, Stewarts, Barons, Sheriffs, Justices of Peace, Bailies, Cham-berlains, Magistrates and Ministers of our Laws, and all subordinate Judges within our She­riffdoms above written, and whole Leidges of the same, that they and every one of them, give all due espect to our Commissioners and Justices foresaids, and such special assistance as to their Offices and Duty appertains, and as is incumbent to them by the Laws and Acts of Parlament of this our Ancient Kingdom, 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 the forsaid dyets, and such dyets and places as the said Commissioners shall appoint for Assizes and Witnesses, as they shall be cited to that effect: As also, that the said Sheriffs and Free holders within the said Shires and Bounds, meet our said Justices, st their entry into the fame, and convoy them into the same, and accompany them during their remaining there, ay and while they be received by our next Sheriff, and his Deputs, into the next Shire. And We ordain these Presents to be Printed.

Al. Gibson. Cl. Sti. Concilii,

God save the King.
Here follows the Names of those appointed to take Bond from the Rebels, in the several Shires following, viz.
  • For the Shire of Edinburgh, The Lord Collington.
  • Haddingtoun, The Earl of Wintoun.
  • Linlithgow, The Earl of Linlithgow.
  • Perth▪ The Marquess of Montross.
  • Roxburgh, The Earl of Rexburgh.
  • Selkirk, The Laird of Hayning.
  • Lanerk, The Earl of Cornwath.
  • Dumfreise, The Earl of Queensberry.
  • Air. The Earl of Glencairn.
  • Dumbartoun. The Earl of Wigtoun.
  • Fife and Kinross, The Lord Chancellor.
  • Wigtoun. The Laird of Burghtoun.
  • Stewartry of Kigkcudburgh, The Earl of Nithisdale.
  • Peebles, Sir Will. Murray of Stenhop,
  • Stirling, The Earl of Mar.
  • Renfrew, The Lord Ross.
  • Berwick, The Earl of Home.

EDINBƲRGH, Printed by the Heir of Andrew Anderson, Printer to his most Sacred Majesty, Anno Dom. 1679.

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