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where, and upon the ground of his lands or , traitor in bis own house and in the house possome part thereof, and particularlie George sessed be bim, and aidit, assisted and supplied Holme, son to George Holme, his officer, hava him with meat, drink, money, or did ober ing been actuallie with the saids rebells, at favours to him since bis being forfault and Bothwelbridge, and severall other places, in declared traitor ; and he so far owned and armes, and returning from them alter the de- countenanced him, mantained, intercommoned fate, and being convened at Glasgow before the and conversed with him, that William Porter., justices, was declared fugitive, and therefter field, the said John, his eldest sone, having denunced and registral to the horne, the said dyed in the moneth of 1680, 1681, 1682, Jolin Porterfield, of Duchali, upon the first, Second, or third dayes of the moneths of July, them to be such) the public notoriety being August, September, October, November, or proven by wituesses; that such harbouring, December, 1679, and upon the first, second, resetting, and conversing, &c. was treason, or third dayes of the moneths of January, Fe- and this guilt punishable with the pain of treabruary, or remanent mopeths of the years son ; because the 14th, 151h, and 25th acts of 1680, 1681, 1682, 1683, or 1681 years, did parliament 1449, and 97th act 1540, expressly recept intercommon or converse witli the said declares such liable as traitors, and requires no George Holme, a rebell and declared traitor, more bat that they be holden and repute such, and printed fugitive, mantained and harboured This was determined against the opinion of him on bis ground or lands, 'or some part Pitmedden and Harcous, two of the justices, therof, or otherwayes supplied or did favours with an eye to make a preparative in ihir poor to bim; nor did he acquaint the Lords of his men's case, to reach Blackwood, and many majesties privie councill or other persons of others. For by this strange interlocutor may authoritie, of the said rebell, his being in the be endangered many innocent people, espeshyre, but on the contrair he owned and man- cially almost all the western shires,' where tained him, and severall other traitors and such promiscuous converse has been frequent, Tebells to that hight and degree that he suf- and near inevitable ; and it can be only just, tered and permitted the said rebell and traitor, to make this so odious a crime, where I witcountenanced and encouraged him to attend tingly and willingly, without compulsion, conhis courts with the rest of his tenents, he being verse with one I know to be a rebel, whether present bimself, spoke, conferred, and treated he be declared to be a rebel or not, or at least, with him auent his being in the said rebellion, that he is notourly known to be a rebel in that expressly contrair to the saids lawes and acts part of the country where I stay ; for they of parliament, and in high and manifest con- may be notour in one part, and yet not in that tempt of his majesties authoritie and Jawes ; place where I dwell. And therefore, to miti. Lykeas in the year 1666, a desperat and avowed gate it, the judges declared, they meant not by rebellion having happened within this king- resetting an accidental rencounter in an inn, or dome, in which Alexander Porterfield, his bro- on the high-road, but a deliberate concealiog ther (designed in the proces of forfaulture led them from the law, or assisting and maintain. against him brother to Querrestoun) being in- ing them with meat drink and harbouring, and volved and baving accession therto, and being keeping them as domestics or servants, witharraigned before the justices for the samen, out informing ourselves anent their condition ; upon the sexteinth of August, 1667, and found for, it the 4th act of parliament 1681, require guilty by ane inquest of the cryme of treason, for putting me in mala fide, that the very sentence and doom of forfaulture was pro- nonconformist fanatic tenants living upon my nounced against him, and which doom and sen- ground, shall be intimated to me, for turning tence is ratified and approven by the eleventh them away, then multo magis will law and act of his majesties second parliament, not- reason require my knowledge of those who live withstanding thereof, and that bis name is ex- elsewhere, or sculk and lurk a short while in presslie insert in the said act, and the said for- my land, to be rebels, ere I can be concluded faulture narrated and sua the samen knowen to guilty of treasonable resett of them. And it the said Jobn Porterfield of Duchall, and all may be alledged, that the foresaid 15th act the liedges, the said John Porterfield of 1419, as too severe, is in desuetude ; see 1487, Dachall," most treasonablie recept intercom- act 98, and 1592, act 144. Vide Blackwood's moned and conversed with the said Alexander case, 31st January 1683. [See vol. 9, p. 1021.] Porterfield his brother, * a forfault and declared " January 4, 1683. At Privy Council,

Herron of Herron in Galloway having reset *“ December 13, 1682. At the Criminal his two sons, who were in the late rebellion at Court, the Lords, in the case of Cairns, Fer- Bothwel-bridge, he came in the council's will guson, &c. found that the resetting of trai- and king's mercy; and they in regard of the tors and rebels, though it be his own son, (but nearness of relation, wrote to his majesty a reI think, this should not extend to man and wife commendation that he might grant him a retheir mutual resetting one another, though mission : otherwise they could not but bave rebel,) if they be either declared forfeit traitors, remitted him to the Criminal Court: though or denounced fugitive, or intercommuned, or his case be most favourable, and excepted tit. holden and repute notorious known rebels, D, de receptator. latron." 1 Fountainhall's (though it should not be proven, that you knew Decisions 200, 205,

or 1683 years, and he having invited his merly called at a justice court, holden within neighbours to come to him and be present, the burgh of Glasgowe, upon the eighteinth (within his dwelling house at the tyme). Att day of October last by pasi, by ane noble and the said buriall the said Alexander Porterfield, poient prince William duke of Hamiltoun, &c. a fortault and declared traitor, was present John Drummond of Lundine secretary of state, therat and within bis dwelling house at the and sir James Foulis of Collintoun, lord Justyme, and behaved bimself as a friend, by in- tice Clerk, be vertue of a commission from the viteing and intertaining those that came to Lords of his majesties most honourable Privy the buriall, and the said Jubin Portertield of Council, which Commission was then publicDuchall, being present ther himself, the said lie read, and ordained to be recorded in the Alexander bis brother, was most treason- Books of Adjournal, wherof the tenor followes :* ably recept intercommoned and conversed with by him. And upon the firsi, second and rema- * This Commission I insert from Wodrow, nent daves of the moneths of July, August, vol. 2, 401. In substance it is the same as September, October, November or December, that in the Record, but there are occasional va. 1679, and upon the first, second and remanent riations of phraseology between the two, and dayes of the moneths of January, February, Wodrow is more correct as to orthography or remanent moneths of ther year 1680, 1681, and punctuation. In Wodrow, next after the 1682, 1683 or 1684 years, or ane or other of the Commission, is the following article: saids' dayes, moneths or years, the said Alexander Porterfield a forfault and declared traitor Follow Instructions upon the foresaid Comwas recept, harboureil, mantained, supplied, in

mission: tercommoned and conversed with, done tavours “ C. R. 1. You shall disarm all heritors who tu by the said John Porterfield in his own house, have not taken the Test, and all the commons, or in the house belonging to the said Alexan- excepting the militia; and it any shall conceal der, or some other part or place elsewher. And arms, or refuse to depone thereupon, when by sichlyke Archibald late earle of Argile, * being you required, you shall fine the heritors in one a deciared and forfaulted traitor, sir John Coch- year's rent, the tenants in one year's rent of ran,t lykewayes being suspect and who is now their respective farms; the servants, and cot.' declared fugitive for treasonable conspiring the tars, and tradesmen, are to be tined according destruction of the government and keeping to their substance. correspondence with the said late earle of Ar- 2. “ You are to follow such instructions as gile and designing to levie a warre; did some- we or our privy council shall give you, as to iyme in the session, in the end of the year 1680, the value of horses, and the persons to whom (Probably this should be 1682,] or beginning they are to be allowed within the districts. of the year 1683, (which was the tyme that 3. “ You sball seize all preachers, chaplains, the said damnable plott was to be entered into or such as exercise as chaplains, who are not for raising the said warr) meet with the said authorised by the bishops, and send them to John Porterfield in the burgh of Edinburgh, our privy council to be disposed of as they where he proposed to bim to give fyftie pound think fit, and see cause. sterline, for the relieff of the said late earle of 4. “ You shall punish, acccording to law, all Argyle, and -- Cunninghame of Craigends told persons guilty of ecclesiastick disorders, either him that the lyke proposall bad bein made to men or women, and you shall put our proclahim, which treasonable proposall and offer to mations, especially that of the

day of collect money to the effect forsaid, the said

in execution, against all who are John Porterfield concealed and did not reveale guilty of conventicles, or concerned in them, either to his majestie, bis officers of state or as concealers and not discoverers, negligent any others employed in his majesties govern- beritors, sheriffs, bailies, and other magistrates ment. Throwe doing or committing therot, or or heritors of the place where they are kept, or ane or other of the deeds above specified, he otherwise concerned by our laws and proclamahade committed, and was guilty of ihe crymes tions, according to the tenor thereof; and the of high treason, and others above mentioned, husbands of such wives as áre guilty, and and was actor art and part therof, wbich have not done their endeavours in terms of being found be abe assy se he ought to be pu- our letter bearing date the day of nished with forfaulture of lyff, land and goods, 5. “You shall give account to our secret comto the terror and example of others to committ mittee, of all persons who have fled from their the lyke herefter.

habitations, whether by retiring out of the king. Persewer.—Sir George MI·Kenzie, of Rose-dom, or removing to other places to evite just baugh, his Majesties Advocat.


6. “ You shall examine the indulged miProcurators in Defence.

nisters on their instructions, and remove such Which criminal action and cause being for as have transgressed, and imprison them till

they find security not to preach or exercise any * See his Case, vol. 8, p. 843.

part of the ministerial office, or otherwise to + See the next preceding Case..

remove from our three kingdoms, under cauSee a Note to the Case of Hackstoun of tion not to return without special allowance Rathillet, p. 807, of this Volume.

from us or our privy council; and such as reThe Lords for severall causes moving them, samen being then called, and the pannall having continued the said criminal action, and cause given in a Petition craving that for the reatill the twentie second of October, and the sons therein mentioned, the Lords would be fuse to find caution in manner foresaid, you judged by the commissioners there, or else sent shall send them in prisoners to our privy coun- by them to Edinburgh, as they shall think fit. cil, or their committee at Edinburgh.

19. “ You shall acquaint any of the neigh7. “You shall diligently search for the he- bouring jurisdictions to which any of the rebels ritors, incitors, promoters, or concurrers to the shall flee, to the end they may assist to aplate rebellions, the intercommuners with such, prehend them; and if, in pursuit of those, or resetters of them, and others, not heritors, it shall be convenient for you to go out of your guilty of the said crimes, since July 1, 1683. district, or to send parties out of the same, the

8. "You shall stop and secure all pedlars magistrates are hereby required to obey and who have not passes, according to the tenor of assist you, as they will be answerable. our last proclamation, and secure thera till they 20." You shall suffer no man to travel find caution for their good behaviour.

with arms, excepting gentlemen of known 9. “ You shall stop all posts who carry loyalty, who have taken the Test; and no yeoletters, except such who are allowed by our man to travel three miles from his own house, postmaster general.

without a pass from his minister, or a commis10. “ You shall commune with rebel to sioner of the excise. bring them to obedience, upon their address 21. “ You are to call for all or any part of for pardon, and you shall acquaint our secret the heritors, as often and where you shall find committee with their proposals, and what it needful for our service, who are hereby orpasses twixt you and them; and in order there- dered to obey under the pains of being punishunto, you are allowed to give them safe con- ed as absents from our host. ducts.

22. “ You shall put in execution the power 11. “You shall command the forces assign- of justiciary to be granted unto you by our ed to you by our privy council, according to privy council

, with all rigour, by using fire the necessity of our service.

and sword, as is usual in such cases; and 12. “ You shall turn out all the wives and we do impower our privy council to insert an children of the forfeited persons and fugitives, indemnity to you, or any imployed by you, for from their habitations, if it shall appear that what shall be done in the execution thereof. they have conversed with their parents or hus- 23. “ You are hereby impowered to give bands, or if they shall refuse to vindicate them the oath of allegiance to such persons within selves by their oaths.

your districts, as you shall have reason to 13. "You shall enquire what quarters are suspect; and in case of refusal, you shall unpaid by the soldiers in your several districts, banish them to the plantations, whether men and take care payment be made for bygones, or women. and in time to come.

24. “ If you shall be informed, that any 14. “ You are to examine what money has within your district shall deny our authority been collected by any body within your dis- or their bond of Allegiance to us, you shall tricts, and not counted for.

enquire therein, apprehend the persons, and 15. “You shall take care, that decreets for either judge them upon the place, or send them fines for ecclesiastic disorders, be put in execu- into Edinburgh, as you find most expedient. tion, as shall be prescribed by our privy coun- 25. “ You shall call for, and dispose of the cil.

militia, as you find most fit for our service. 15. “ You shall be assisting to our regular 26. “ You shall enquire how the ordinary clergy, in bringing people to obedience in set. magistrates have carried in our service, and in tling church-sessions; and if any complaint form the privy council thereof. be made of any of the regular clergy, you are 27. “ You shall report to the secret comto recommend the punishment and censure mittee of our privy council, such propositions thereof, to our bishops, or judges competent. as the shires within your district shall make to

17. “ If you find any part of the country you for our service. Stubborn or contumacious, you shall impose 28. “ You are to obey such orders as you such fines upon them as the law will allow ; shall receive from us, or our privy council, or and in case of not payment thereof, and that secret commoittee thereof, from time to time; you think it fit, you are immediately to quarter and you are also hereby authorised to forbear our forces on the stubborn and conturnacious the execution of any of the articles of these inuntil the fines imposed shall be exhausted by structions, if you shall see cause for the same. them.

“For doing of which, these presents shall be 18. “ You are to keep good and constant to you, and all others who may be respectively correspondence among yourselves; and if it concerned, a sufficient warrant. Given under shall happen that any man shall flee from one our royal hand and signet, at our court at district to another, when you are' advertised Windsor castle, the 26 day of August 1684, thereof, you shall immediately cause the fu- and of our reign the thirty sixth year. gitive to be apprehended, and you shall send

By his Majesty's command, kim to the district from whence he fled, to be


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pleased to delay his tryall, and the samen being , in his indytment, till the seventeinth of Noread and considered, the Lords "continued the vember, then next to come, and ordained him tryall of the panpall for the crymes mevtioned to be transported prisoner to the Tolbuith of Wodrow then proceeds thus :

to save the lords the trouble, as I suppose, of " It was the month of October before this leaving Glasgow. I observe nothing of this terrible circuit sat down in their different dis- warrant, from thie clerk of council to the she

in the Records, but it appears by an original tricts. Those ample powers, and a liberty to cut and carve in them as they saw good, let riff-depute of Stirling to this effect, in my us see what an arbitrary and absolute govern of the preparations and care taken to riped

hands, which, because it gives us some view ment Scotland was now under. Life, liberty, matters for the circuit, and of the willing share and every thing is left in the managers hands. the clergy were to have in this, I have insert If they pleased to have mercy on the poor ba- bere. its date is not expressed, and is in'rassed country, the king allowed them, and

dorsed. if not, their instructions carry them even to fire and sword. “ To pave the way for their work, or at least Warrant to the Sheriff-depute of the Shire of

Stirling, 1684. to prevent the poor sufferers getting off the kingdom, and to discorer such as remained in “ Sherifi-depute of Stirling ; it, two Proclamatiovs are emitted in Septem- “ Forasmuch as bis majesty, by a letter ber; the first bears the date, September 15th, under bis own royal hand, hath been pleased to ordering the oaths of all the masters of ships, adjoyn the shire of Stirling, and the jurisdicor vessels going off the kingdom, to be taken, tion thereunto belonging, whether of royalty, as to their passengers. This needs no obser- or regality, to the district of Glasgow, you are vation upon it. No question, it was levelled therefore ordered to cite and advertise all the against the persecuted party principally; a king's vassals, and other considerable gentlenew circuit was very justly frightsome to them men holding of other superiors within the said from their experience of the severities of the shire, and jurisdictions and regalities within former. They are not suffered to live at home, the same, to compear before the Lords of bis and now are stopped from retiring to foreigo majesty's privy council, at Glasgow the 14th countries, where they might be free from be. day of Ocioher instant, by nine of the clock, jog butchered in cold blood.

and there to attend the said Lords, and receive

such orders and directions for his majesty's “ And September 16, another Proclamation is emitted, discharging all persons whatsom service, as shall be thought expedient. ever, to travel from one shire to another with wisters within your shire, that they attend the

“ You are likewise to advertise all the mi. out a pass. It is but short : All travellers said Lords at Glasgow the foresaid day, and must have a pass from some persons in the that they come prepared to give in to the said government. And the pretext is, to hinder Lords, exact lists, upon which they are to persons from carrying false news from one make' faith as to all irregular persons, withpart of the country to another. I am not so far master of the intrigues now on foot, as to

drawers from the church-ordinances, and all make reflections that perhaps might be' native suspect and disaffected persons to his maenough here. As the former was a check and jesty's government in church and state, so far damp upon trade and commerce, so this is a list of ail such persons, as they believe, car

as it consists with their knowledge, as also a plain encroachment upon the liberty of the subject, in going and coming from one place give best information anent the premises. to another, and a kind of imprisoning the lieges of Kirk sessions, their clerk and beadle, to de

“ As likenise you are to cite the haill elders at large, without any just reason given. That of spreading false news is evidenily frivolous, pone upon the forementioned particulars the and every body may see these might be spread

said day and place. by letters. The true design seems to have gistrates of the town of Stirling, to appear be

“ And particularly you are to cite the mabeen, to be a preface to more general imposi- Fore the said Lords at the abovewritten time, tions on the subject, as we shall afterward and particularly to depune anent the foremenhear, to prevent suffering people retiring from tioned particulars, and to bring alongst with the fury of the circuits, to be a new colour to them an exact list of the ball heritors who the soldiers, and to oppress poor people the stand infett in lands within their burgh. . Andi more. I wonder the proclamation does not in this you nor any of the forenientioned perimpower the bishops and orthodox clergy, to give passes. The instructions to the com

sons are not to fail, as you and they will bo

answerable. Extracted by me sir William missioners seem to suppose some such passes, Paterson, clerk to his majesty's most honourabut, it seems, the council do not find it needs ble privy couucil. ful to entrust them. “ Before the meeting of tbe circuit or justi

“Will, PATERSON, CI. Secr. Conc." ciary, the council by their clerk order the shire “ From this and what goes before’we may of Stirling with its jurisdictions, pro hac vice, learn, that these courts had both a council and to be adjoined to the jurisdiction of Glasgow, justiciary power, and had a vast compass of

Edinburgh, ther to byd his tryall for the crymes | the paine of fyve hunder merks, or else to be forsaid, at the day above specified, and like committed prisoners to the Tolbuith of Glaswayes ordained the baill witnesses against him gow, till they be transported to the Tolbuith to find caution for their appeirance at Edin- of Edinburgh, to bear witnes in the forsaid burgb, the said seventeinth day of Noveniber cause. The lords lykwayes ordained the asnixt, to bear witnes in the forsaid cause, under sizers to attend at Edinburgh, the said sevenaffairs before thein. We shall find afterwards, of a letter from the king, read in council, or its this shire came to Glasgow, and gave ample committee, October 12, which was no doubt proofs of their loyalty and submission to the impetrate by our managers here, as the founking's orders.

dation of their imposing exorbitant fines upon “What were the precise days upon which many gentlemen we shall hear of in the next these courts, ordinarily called circuits, though section. The letter follows : different a little from these in the former years, “ C. R. met, I cannot say, further than the dates of

“Right trusty, &c. Whereas we find that some papers in the registers, and others come to my hand, shew. It would seem that court in that our ancient kingdom, do enter into

some of our unnatural and rebellious subjects at Jedburgh met toward the beginning of Oc. tober, for i find a letter directed to them, and plots and conspiracies, the more willingly and the rest, from the committee of public aff:

securely, that they think their guilt cannot be

rs, October 9, which will give some more light for concealing their guilt, industriously using

discovered by the depositions of witnesses, they, about them. This I give from the registers of to discourse of those matters only with one council.

“ October 9, 1614. Sederunt the committee person alone ; and it being easy to cause one for public affairs, upon the report of the com- withdraw for some time. And seeing it is the

or two, who might be proving witvesses, to mission, at Jedburgh, and for the western districts the Lords did send the following letter, a great interest of all government, as well as of copy whereof was ordered to be sent to the all subjects

should be obliged to fear all manner

all who desire to live peaceably under it, that rest of the districts for the rule of their proce- of accession to such horrid crimes, as tend to dure :

overthrow all society and government ; and it “My Lords; The Committee of council being undeniable, that no man can complain being very frequent, I did propose to them when judged by bis own oath, by wbich he is your two queries : in answer to the first in less danger, than by any probation of any whereof, it is all our opinions, that if the de- witness whatsomever. fenders, called before you as counsellers, be “ Therefore thought it necessary to impower, personally cited, they may be bolden as con- and we do hereby authorize and impower our fest ; but they cannot unless they be personally advocate to raise process before you, or before cited, and all that can be done in that case is those who are commissionate to represent us, to put them to the horn, which will be as great as our privy council, in the Western and Southa punishment to them, as if they were de- ern shires, against any whom you or they clared fugitives ; but it will not infer any dan- shall order, for the said crimes of plotting and ger to the country by resetting them, which contriving to rise in rebellion, or for intercomis as much to be shunned as can be. And if it muning with, or resetting any declared rebels; be thereafter found convenient to hold them as and to refer their guilt to the oath of the said confest, to the end that the king may get a fine defenders, in so far as may extend to a pecu. by holding them as confest, which may be niary mulct or fine allenarly. more advisable than the taking of their escheat, « Declaring hereby, for their further sewhich is all that can follow upon their being curity, that if they shall depone upon the put to the horn, then I shall cause cite them guilt so referred to their oath, they shall be for upon sixty days, as being out of the country, ever as secure upon the payment of their fine, but let not that stop your diligence; in wbich as if they had a remission under our great case they will be liolden as confest, though not seal : whereas, if they refuse to depone, we personally cited.

order you to hold them as confest, and to fine “ It is likewise their opinion, you should them in what sums you shall judge to be proproceed against all sheriff-deputes who have portional to their respective guilt and accession. malversed, and that you should punish them Which power so granted to you, shall only exemplarily to the terror of others, and to the continue in force till the first day of April next end that people may see that you are come to come, and is hereby ordained to be registhere to protect honest men, as well as to punish trate and recorded in your books, to the end knaves. I am, your lordships' humble servant, that extracts may be given to any who shall

.“ George M.KENZIE.” depone, as said is, this, and the decreets to “ This letter is a little dark to me, not having remission. For all which this shall be to you

follow thereupon, being to them in place of a the queries; but it lets us in to see somewhat

a sufficient warrant. Given, &c. September of the managers severe designs upon gentlemen and others.

27, 1684.

“ MURRAY." “ It is of more importance to give an account Mr. Laing (vol. 4, p. 39, edition of 1804) VOL X.

3 Y

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