[1598/10/4]¹

Act against rebels

Forasmuch as in the late convention held at Holyroodhouse, 29 June last, Walter [Stewart], prior of Blantyre, treasurer to our sovereign lord, was appointed to take care and diligence in repressing of the great number of rebels within this realm, and that by using of such charges either against the rebels themselves or against the sheriffs in the due execution of their offices as are prescribed and whereof he has warrant by diverse and sundry acts of parliament made by his highness and his predecessors of before. And now the said Walter, in presence of his majesty and estates, being inquired what order he had taken regarding the direction given to him as said is, he, for signification of the care and diligence taken by him in his office, proposed the means and overture underwritten to be seen and considered by his majesty and estates; and if the same were allowed, he then promised to prosecute the same with all expedition, of the which overture the tenor follows: Letters to be formed charging the whole sheriffs, stewarts and bailies of regalities, their deputes and clerks to present the authentic copy of their sheriff books containing both their hornings and relaxations registered within the same since 1 August 1590 to 1 August instant, to the treasurer and his deputes between now and 1 January next to come, to the effect the whole horners registered therein and remaining unrelaxed may be extracted and charged according to the order following. Next, to form a proclamation to be published in every shire containing the whole names of the rebels within the same, to be inserted by the said treasurer and his deputes discharging their shelter, supply and intercommuning etc. under the pains contained in the acts of parliament, certifying the said contraveners the said pains shall be exacted of them with all rigour. A charge likewise to the provost and bailies of the head burgh within every shire to receive the rebels' names within that sheriffdom from the officer, executor of the letters, cause them be copied and affixed upon a board and the same board hung up daily from the sun rising to the down-setting at their market cross, and at the setting of the sun taken down by them and hung up the next morning again, and so continuing so long as there remains one rebel unrelaxed within that sheriffdom within 24 hours next after the charge, under the pain of rebellion; and failing, to denounce etc. A charge to the rebels within every sheriffdom to render their houses within 48 hours, and to enter their persons in ward within three days next after the charge, under the pain of treason. In case they disobey, a charge to the sheriff in every shire to seize upon their persons and upon their houses within three days, under the pain of rebellion; or, being fugitive, to take their houses, at the least inventory their goods and gear, send the said inventory to the treasurer and keep them in the meantime from haunting kirk or market or any public place or company within their sheriffdom under the same pain; and failing, to denounce etc. A charge to the sheriffs in case they be denounced for disobedience to render their own houses and enter their persons in ward within the foresaid space, under the pain of treason. Letters to arrest the ferms, teinds and other goods and gear pertaining to the rebels and to make inventory thereof and to report the same to the treasurer. A charge to the provost and bailies of the whole great burghs within this realm to take and apprehend the whole registered rebels within their burgh whose names shall be presented to them by the officer, seize upon their houses, inventory their goods, arrest the same and see them made forthcoming to the treasurer and their persons put and detained in sure ward until they obtain themselves orderly relaxed within 48 hours next after the charge, under the pain of horning; and failing, to denounce. To form a summons, to hear and see a declarator pass upon the escheats and liferents of the whole registered horners within this realm to be executed in every quarter thereof with all diligence possible. To form another summons charging the sheriffs to compear and see them ordered to pay the said goods pertaining to the rebels within their sheriffdom to his majesty and his treasurer for their neglect of execution of the acts of parliament made relating thereto. To make a table of the whole horners within the realm and affix them in the tolbooth that they may be repelled from urging and carrying. Which particular articles above-written the king's majesty, with the estates presently convened, ratify, approve and confirm as agreeable and according to his highness's laws and acts of parliament, and ordain the treasurer to put the same to due execution in all points.