[A1625/10/39]¹

An act against rebels

The estates presently convened, considering the great hurt and inconvenience that his majesty's good subjects of all ranks and degrees have sustained these diverse years bygone by the rebellion and contemptuous lying at the horn of so great numbers of undutiful persons of whom a great number having filled their hands with other men's goods and having engaged their friends as cautioners for them, they not only become careless of their credit and senseless of the distresses and miseries which their creditors and cautioners underlie, but many of them pass the time in riot and contentment and in prodigal householding and feasting, unnecessarily spending that upon their tables which in some measure would pay a part of their debt, and others lie at the horn for criminal causes and for insolent acts and riots committed by them; and it has oftentimes fallen out when these rebels have been pursued to be apprehended by his majesty's sheriffs and other officers to burgh and land that they have made opposition and resistance with unlawful weapons, for remedy whereof in time coming, the estates statute and ordain that all sheriffs and other officers to whom it appertains shall be commanded to take the rebels and their houses and to put and hold the rebels, their wives and bairns out of the same during their rebellion, and to make inventory of their goods and gear being therein. And if opposition and violent resistance shall be made by the rebels, that they shall be thereupon called to their answer before his majesty's council. And if they compear and upon a lawful trial shall prove guilty, they shall be exemplarily punished. And if they be absent and so take the crime upon them, they shall be declared rebels and fugitives and commission shall be given out against them, as in cases criminal, to the sheriffs and other officers for pursuit of them with fire and sword, and proclamations shall be directed commanding the country to assist the magistrates.