distinguishing , 1 ) , such as never were accessory to the rebellion ; 2 ) , such as by constraint were accessory to some act of rebellion and have since submitted to the kings mercy ; 3 ) , such as join 'd and marched out of the country with the army of the rebells or were present in any battle , but have since submitted ; 4 ) , such as joined and marched as aforesaid and have not submitted .