Commission for Justiciary, and instructions,September
6th, 1684

“Charles, &c. to all and sundry our lieges and subjects whom
it effeirs, greeting: forasmuch as, albeit the many endeavours  used by us
to reclaim the disaffected and disorderly people, in several of the
western and southern shires of this our kingdom, have not been so
effectual as the gentleness of our government, and the interest of all
concerned gave us ground to hope; but on the contrary, they continue in
rebellious convocations, and seditious conventicles, and other disorderly
practices, without any competent endeavours used by those concerned in the
several shires, either conform to our standing laws or late proclamations:
yet we being still resolved to prosecute all just means for securing our
royal power, and the safety of our people, have thought expedient, that
before more severe remedies be tried, with advice of the lords of our
privy council, hereby to empower some of our privy council to go to
several shires and places. And particularly the duke of Hamilton, our
treasurer-depute, and justice-clerk, to the shires of Clydesdale, Renfrew,
and Dumbarton; the earl of Marr, lord Livingstone, and lieutenant-general
Drummond, to the shire of Ayr; our treasurer-principal, the lord
Drumlanark, and colonel Graham of Claverhonse, to Dumfries and Wigton, and
the stewartries of Annandale and Kirkcudbright; the earl of Ba!carras,
lord Tester, William Hay of Drumelzier, to the shires of Roxburgh,
Selkirk, Peebles, and Merse. With full power to them, or any two of them,
within the shires and districts foresaid, to act as commissioners of our
justiciary, in all matters criminal; and for that effect, to affix and
hold criminal courts, create clerks, call assizes, &c. (as in former
commissions above insert,) as fully as the commissioners of our justiciary
have done, or may do. And to the effect, the design of this commission
against disorderly and irregular persons may be the better prosecute, we
do empower them to hold courts, and in these Courts to call and convene
all persons guilty of conventicles, withdrawing fromn public ordinance,
disorderly baptisms and marriages,and such like disorders and
irregularities; and to take their oath, examine witnesses against them,
pronounce sentences, and the same to due execution cause be put, by
imprisonment, or other legal diligence, conform to the laws of this realm.
And generally to act and do conform to the tenor of the instructions
herewith given by us, or which shall hereafter be given by us, our privy
council, or secret committee of our privy council, as fully and freely in
all respects as a quorum of our privy council, if they were present All
persons are ordered to attend the lords justices, as in common form; and
this commission to endure till the first of December next, unless we think
fit to prorogate the same. Given under our signet at Edinburgh, September
6th, 1684”

Instructions to the Circuit Courts.

 18/07/2011