The tryal and process of high-treason and doom of forfaulture against Mr. Robert Baillie of Jerviswood traitor ...
         Baillie, Robert, d. 1684.
      
       
         
           1685
        
      
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             The tryal and process of high-treason and doom of forfaulture against Mr. Robert Baillie of Jerviswood traitor ...
             Baillie, Robert, d. 1684.
             Mackenzie, George, Sir, 1636-1691.
          
           37 p.
           
             Printed by the heir of Andrew Anderson ...,
             Edinburgh :
             1685.
          
           
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Rye House Plot, 1683.
           Trials (Treason) -- Great Britain.
        
      
    
     
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           THE
           TRYAL
           AND
           PROCESS
           OF
           High-Treason
           AND
           Doom
           of
           Forfaulture
           AGAINST
           Mr.
           
             Robert
             Baillie
             of
          
           Jerviswood
           TRAITOR
           .
        
         
           By
           His
           Majesties
           special
           Command
           ,
           As
           a
           further
           proof
           of
           the
           late
           Fanatical
           Conspiracy
           .
        
         
           Edinburgh
           ,
           Printed
           by
           the
           Heir
           of
           
             Andrew
             Anderson
          
           ,
           Printer
           to
           His
           most
           Sacred
           Majesty
           ,
           Anno
           DOM.
           1685.
           
        
      
    
     
       
         
         
         The
         Tryal
         and
         Process
         of
         High-Treason
         ,
         and
         Doom
         of
         Forefaulture
         against
         Mr.
         Robert
         Baillie
         of
         Jerviswood
         Traitor
         .
      
       
         
           
             CVria
             Justiciariae
             
               S.
               D.
               N.
            
             Regis
             tenta
             in
             praetorio
             burgi
             de
             Edinburgh
             
               viges●mo
               tertio
               die
               mensis
               
                 Decembris
                 1684.
              
               
            
          
           Per
           nobilem
           &
           Potentem
           Comitem
           Georgium
           Comitem
           de
           Linlithgow
           ,
           Dominum
           Livingstoun
           ,
           &c.
           
           Justiciarium
           generalem
           totius
           Regni
           Scotiae
           ,
           &
           honorabiles
           viros
           ,
           Domines
           
             Jacobum
             Foulis
          
           de
           Colintoun
           Justiciariae
           Clericum
           ,
           
             Joannem
             Lockhart
          
           de
           
             Castlehill
             ,
             Davidem
             Balfour
          
           de
           
             Forret
             ,
             Rogerum
             Hoge
          
           de
           
             Harcarss
             ,
             Alexandrum
             Seaton
          
           de
           Pitmedden
           ,
           &
           
             Patricium
             Lyon
          
           de
           Carss
           ,
           Commissionarios
           Justiciariae
           dicti
           .
           
             S.
             D.
             N.
          
           Regis
           .
           Curia
           legitime
           affirmata
           .
           Intran
        
         
           
             
               
                 
                   Mr.
                   Robert
                   Baillie
                   of
                   Jerviswood
                   Prisoner
                
                 
                   INdited
                   and
                   accused
                   ,
                   that
                   where
                   notwithstanding
                   by
                   the
                   Common
                   Law
                   of
                   this
                   ,
                   and
                   all
                   other
                   well
                   Governed
                   Nations
                   ,
                   the
                   Conspiring
                   to
                   overturn
                   the
                   Government
                   of
                   the
                   Monarchy
                   ,
                   or
                   of
                   the
                   Established
                   Government
                   of
                   this
                   Kingdom
                   ,
                   or
                   the
                   concealing
                   ,
                   and
                   not
                   revealing
                   of
                   any
                   Treasonable
                   Design
                   ,
                   Project
                   ,
                   or
                   Discourse
                   tending
                   thereto
                   ;
                   Or
                   the
                   assisting
                   ,
                   aiding
                   ,
                   or
                   abaiting
                   such
                   as
                   have
                   any
                   such
                   Designs
                   ,
                   does
                   infer
                   the
                   Pains
                   and
                   Punishment
                   of
                   Treason
                   .
                   And
                   by
                   the
                   third
                   Act
                   of
                   the
                   first
                   Parliament
                   of
                   King
                   James
                   the
                   First
                   ,
                   
                     The
                     Rebelling
                     openly
                     against
                     the
                     Kings
                     Person
                     :
                  
                   and
                   by
                   the
                   thretty
                   seventh
                   Act
                   of
                   His
                   second
                   Parliament
                   ,
                   
                     The
                     Resetting
                     ,
                     Maintaining
                     ,
                     or
                     doing
                     favours
                     to
                     open
                     ,
                     or
                     not
                     our
                     Rebellers
                     against
                     the
                     Kings
                     Majesty
                     ,
                     is
                     Declared
                     Treason
                     ,
                     and
                     punishable
                     by
                     Forefaulture
                     .
                  
                   And
                   by
                   the
                   hundred
                   fourty
                   and
                   fourth
                   ▪
                   Act
                   of
                   the
                   twelfth
                   Parliament
                   of
                   King
                   James
                   the
                   Sixth
                   ,
                   
                     It
                     is
                     Declared
                     Treason
                     to
                     Reset
                     ,
                     Supply
                     ,
                     or
                     Intercommune
                     with
                     Traitors
                     .
                  
                   And
                   by
                   the
                   first
                   Act
                   of
                   the
                   first
                   Session
                   of
                   His
                   Majesties
                   first
                   Parliament
                   ,
                   
                     It
                     is
                     Declared
                     ,
                     That
                     it
                     shall
                     be
                     High
                     Treason
                     for
                     the
                     Subjects
                     of
                     this
                     Realm
                     ,
                     or
                     any
                     number
                     of
                     them
                     ,
                     less
                     or
                     more
                     ,
                     upon
                     any
                     ground
                     ,
                     
                     or
                     pretext
                     whatsomever
                     ,
                     to
                     rise
                     ,
                     or
                     continue
                     in
                     Arms
                     ,
                     to
                     make
                     Peace
                     or
                     War
                     ,
                     without
                     His
                     Majesties
                     special
                     Approbation
                     .
                  
                   And
                   by
                   the
                   second
                   Act
                   of
                   the
                   second
                   Session
                   of
                   His
                   Majesties
                   said
                   first
                   Parliament
                   ,
                   
                     To
                     Plot
                     ,
                     Contrive
                     ,
                     or
                     intend
                     Death
                     ,
                     or
                     Destruction
                     ,
                     or
                     to
                     put
                     any
                     Restraint
                     upon
                     His
                     Majesties
                     Royal
                     Person
                     ,
                     or
                     to
                     Deprive
                     ,
                     Depose
                     ,
                     or
                     Suspend
                     Him
                     from
                     the
                     Exercise
                     of
                     His
                     Royal
                     Government
                     ,
                     or
                     to
                     levy
                     War
                     ,
                     or
                     take
                     up
                     Arms
                     against
                     His
                     Majesty
                     ,
                     or
                     any
                     Commissionated
                     by
                     Him
                     ,
                     or
                     to
                     intice
                     any
                     Strangers
                     ,
                     or
                     others
                     ,
                     to
                     Invade
                     any
                     of
                     His
                     Majesties
                     Dominions
                     ,
                     or
                     to
                     Write
                     ,
                     Print
                     ,
                     or
                     Speak
                     any
                     thing
                     that
                     may
                     express
                     or
                     declare
                     such
                     their
                     Treasonable
                     Intentions
                     ,
                     is
                     declared
                     Treason
                     ,
                     and
                     punishable
                     as
                     such
                     .
                  
                   Likeas
                   ,
                   by
                   the
                   second
                   Act
                   of
                   His
                   Majesties
                   third
                   Parliament
                   ▪
                   
                     It
                     is
                     Declared
                     High
                     Treason
                     in
                     any
                     of
                     the
                     Subjects
                     of
                     this
                     Realm
                     ,
                     by
                     Writing
                     ,
                     Speaking
                     ,
                     or
                     any
                     other
                     manner
                     of
                     way
                     to
                     endeavour
                     the
                     alteration
                     ,
                     Suspension
                     ,
                     or
                     Diversion
                     of
                     the
                     Right
                     of
                     Succession
                     ,
                     or
                     debarring
                     the
                     next
                     lawful
                     Successour
                     .
                  
                   Nevertheless
                   ,
                   it
                   is
                   of
                   verity
                   that
                   the
                   said
                   Mr.
                   
                     Robert
                     Baillie
                  
                   of
                   Jerviswood
                   ,
                   shaking
                   of
                   all
                   fear
                   of
                   God
                   ,
                   respect
                   and
                   regard
                   to
                   His
                   Majesties
                   Authority
                   and
                   Laws
                   ;
                   and
                   having
                   conceived
                   most
                   unjustly
                   ,
                   a
                   great
                   and
                   extraordinary
                   malice
                   and
                   hatred
                   against
                   His
                   Majesties
                   Person
                   and
                   Government
                   ,
                   and
                   having
                   designed
                   most
                   Traiterously
                   to
                   debar
                   His
                   Royal
                   Highness
                   ,
                   His
                   Majesties
                   only
                   Brother
                   ,
                   from
                   His
                   due
                   Right
                   of
                   Succession
                   ,
                   did
                   amongst
                   many
                   other
                   Traiterous
                   Acts
                   ,
                   tending
                   ▪
                   to
                   promove
                   that
                   wicked
                   Design
                   ,
                   endeavour
                   to
                   get
                   himself
                   Elected
                   one
                   of
                   the
                   Commissioners
                   for
                   Negotiating
                   the
                   settlement
                   of
                   a
                   Colony
                   of
                   this
                   Nation
                   in
                   Carolina
                   ,
                   in
                   one
                   or
                   other
                   of
                   the
                   dayes
                   of
                   the
                   Moneths
                   of
                   
                     January
                     ,
                     February
                     ,
                     March
                     ,
                     April
                     ,
                  
                   or
                   May
                   ,
                   One
                   thousand
                   six
                   hundred
                   and
                   eighty
                   three
                   years
                   ;
                   and
                   that
                   he
                   might
                   thereby
                   have
                   the
                   freer
                   and
                   better
                   access
                   to
                   Treat
                   with
                   the
                   Earls
                   of
                   Shaftsbury
                   and
                   Essex
                   ,
                   the
                   Lord
                   Russel
                   and
                   others
                   ,
                   who
                   had
                   entered
                   into
                   a
                   Conspiracy
                   in
                   England
                   against
                   His
                   Majesties
                   Person
                   and
                   Government
                   ,
                   and
                   with
                   Colonel
                   
                     Rumsay
                     ,
                     Walcot
                     ,
                     West
                  
                   ,
                   and
                   Ferguson
                   ,
                   and
                   others
                   who
                   had
                   likewise
                   Conspired
                   the
                   Murder
                   of
                   His
                   Majesties
                   Sacred
                   Person
                   ,
                   and
                   of
                   the
                   Person
                   of
                   His
                   Royal
                   Highness
                   ;
                   and
                   finding
                   that
                   he
                   could
                   not
                   get
                   himself
                   Elected
                   one
                   of
                   the
                   said
                   Commissioners
                   ,
                   he
                   resolved
                   to
                   go
                   to
                   London
                   upon
                   his
                   own
                   expenses
                   ,
                   and
                   declared
                   to
                   severals
                   (
                   whom
                   he
                   took
                   great
                   pains
                   to
                   draw
                   in●o
                   be
                   his
                   accomplices
                   )
                   that
                   his
                   Design
                   was
                   to
                   push
                   foreward
                   the
                   People
                   of
                   England
                   ,
                   who
                   did
                   nothing
                   but
                   talk
                   ,
                   that
                   they
                   might
                   go
                   on
                   effectually
                   ;
                   and
                   after
                   he
                   had
                   settled
                   a
                   Correspondency
                   here
                   ,
                   he
                   did
                   go
                   up
                   to
                   London
                   in
                   one
                   or
                   other
                   of
                   the
                   saids
                   Moneths
                   ,
                   with
                   Sir
                   
                     John
                     Cochran
                  
                   and
                   Commissar
                   Monro
                   ,
                   and
                   did
                   then
                   ,
                   and
                   there
                   ,
                   Transact
                   with
                   the
                   saids
                   Conspirators
                   ,
                   or
                   one
                   or
                   other
                   of
                   them
                   ,
                   to
                   get
                   a
                   sum
                   of
                   Money
                   to
                   the
                   late
                   Earl
                   of
                   Argile
                   ,
                   a
                   Declaired
                   Traitor
                   ,
                   for
                   bringing
                   home
                   of
                   Men
                   and
                   Arms
                   ,
                   for
                   raising
                   a
                   Rebellion
                   against
                   His
                   Majesty
                   ,
                   and
                   invading
                   this
                   his
                   Native
                   Countrey
                   ;
                   and
                   so
                   earnest
                   was
                   he
                   in
                   the
                   said
                   Design
                   ,
                   that
                   he
                   did
                   chide
                   those
                   English
                   Conspirators
                   ,
                   for
                   not
                   sending
                   the
                   same
                   timeously
                   ,
                   and
                   lamented
                   the
                   delayes
                   used
                   in
                   it
                   ;
                   and
                   perswaded
                   the
                   late
                   Earl
                   of
                   Argile
                   and
                   others
                   in
                   his
                   name
                   to
                   accept
                   of
                   any
                   sum
                   ,
                   rather
                   than
                   not
                   to
                   engage
                   :
                   and
                   amongst
                   the
                   many
                   meetings
                   that
                   he
                   had
                   at
                   London
                   ,
                   for
                   carrying
                   on
                   
                   the
                   said
                   Traiterous
                   design
                   ,
                   there
                   was
                   one
                   at
                   his
                   own
                   Chamber
                   ,
                   where
                   he
                   did
                   meet
                   with
                   the
                   Lord
                   Melvil
                   ,
                   Sir
                   
                     John
                     Cochran
                  
                   ,
                   and
                   the
                   Cessnocks
                   Elder
                   and
                   Younger
                   ,
                   and
                   amongst
                   others
                   ,
                   with
                   Mr.
                   
                     William
                     Veatch
                  
                   a
                   declared
                   Traitor
                   ,
                   and
                   there
                   he
                   did
                   treat
                   of
                   the
                   carying
                   on
                   of
                   the
                   said
                   Rebellion
                   ,
                   and
                   of
                   the
                   money
                   to
                   be
                   furnished
                   by
                   the
                   English
                   for
                   Argyle
                   ,
                   for
                   buying
                   of
                   Armes
                   .
                   And
                   that
                   if
                   the
                   Scots
                   would
                   attempt
                   any
                   thing
                   for
                   their
                   own
                   relief
                   ,
                   they
                   would
                   get
                   assistance
                   of
                   Horse
                   from
                   England
                   ;
                   and
                   from
                   that
                   meeting
                   ,
                   he
                   or
                   ane
                   ,
                   or
                   other
                   of
                   them
                   did
                   send
                   down
                   Mr.
                   
                     Robert
                     Martin
                  
                   to
                   prevent
                   any
                   rysing
                   ,
                   till
                   it
                   should
                   be
                   seasonable
                   for
                   carying
                   on
                   of
                   their
                   Designs
                   ,
                   which
                   Mr.
                   Robert
                   ,
                   after
                   he
                   came
                   to
                   Scotland
                   ,
                   did
                   treat
                   with
                   Polwart
                   and
                   others
                   ,
                   for
                   carying
                   on
                   of
                   the
                   said
                   Rebellion
                   ;
                   by
                   securing
                   His
                   Majesties
                   Officers
                   of
                   State
                   ,
                   His
                   Castles
                   and
                   Forces
                   ,
                   and
                   by
                   putting
                   his
                   Correspondents
                   here
                   ,
                   and
                   there
                   Associats
                   ,
                   in
                   readiness
                   ,
                   to
                   assist
                   the
                   late
                   Earl
                   of
                   Argyle
                   ,
                   and
                   after
                   the
                   said
                   
                     Mr.
                     Baillie
                  
                   had
                   engadged
                   many
                   of
                   his
                   Countrey-men
                   in
                   England
                   ,
                   and
                   had
                   assured
                   his
                   Correspondantts
                   here
                   ,
                   that
                   the
                   English
                   were
                   resolved
                   to
                   seclud
                   his
                   Royal-Highness
                   from
                   his
                   due
                   right
                   of
                   Succession
                   ,
                   thereby
                   to
                   encourage
                   them
                   to
                   concur
                   in
                   the
                   said
                   Rebellion
                   ,
                   and
                   Exclusion
                   ,
                   he
                   flew
                   to
                   that
                   hight
                   ,
                   that
                   he
                   did
                   particularly
                   and
                   closly
                   correspond
                   with
                   Mr.
                   
                     Robert
                     Ferguson
                  
                   ,
                   Sir
                   
                     Thomas
                     Armstrong
                  
                   ,
                   Collonel
                   Rumsay
                   ,
                   and
                   Walcot
                   ,
                   who
                   were
                   accessory
                   to
                   that
                   horrid
                   part
                   of
                   the
                   Conspiracy
                   ,
                   which
                   was
                   designed
                   against
                   the
                   Sacred
                   Life
                   of
                   His
                   Majesty
                   ,
                   and
                   the
                   Life
                   of
                   His
                   Royal-Highness
                   ,
                   and
                   did
                   sit
                   up
                   several
                   nights
                   with
                   them
                   ,
                   concerting
                   that
                   bloody
                   Massacer
                   :
                   at
                   least
                   the
                   said
                   Mr.
                   
                     Robert
                     Baillie
                  
                   of
                   Jerviswood
                   was
                   ,
                   and
                   is
                   guilty
                   of
                   having
                   correspondence
                   with
                   the
                   late
                   Earl
                   of
                   Argyle
                   ,
                   and
                   Mr.
                   
                     William
                     Veatch
                  
                   declared
                   Traitors
                   ,
                   and
                   of
                   being
                   art
                   and
                   part
                   of
                   an
                   Conspiracy
                   ,
                   for
                   assisting
                   of
                   these
                   who
                   were
                   to
                   rise
                   in
                   armes
                   against
                   His
                   Sacred
                   Majesty
                   ,
                   and
                   for
                   exclusion
                   of
                   His
                   Royal
                   Brother
                   ,
                   and
                   of
                   concealing
                   and
                   not
                   revealing
                   the
                   accession
                   and
                   proposals
                   of
                   others
                   for
                   that
                   effect
                   .
                   Wherethrow
                   he
                   has
                   committed
                   ,
                   and
                   is
                   guilty
                   of
                   the
                   Crymes
                   of
                   High
                   Treason
                   ,
                   Rebellion
                   ,
                   and
                   others
                   abovespecified
                   ,
                   and
                   is
                   art
                   and
                   part
                   of
                   the
                   samine
                   ,
                   which
                   being
                   found
                   by
                   ane
                   Assize
                   ,
                   he
                   ought
                   to
                   be
                   punished
                   with
                   Forfaulture
                   of
                   Life
                   ,
                   Land
                   and
                   Goods
                   ,
                   to
                   the
                   terror
                   of
                   others
                   to
                   commit
                   the
                   like
                   hereafter
                   .
                
              
            
          
        
         
           HIS
           Majesties
           Advocat
           produced
           an
           Act
           ,
           and
           Warrand
           from
           the
           Lords
           of
           His
           Majesties
           most
           Honourable
           Privy
           Council
           ,
           for
           pursuing
           ,
           and
           insisting
           against
           the
           said
           Mr.
           
             Robert
             Baillie
          
           of
           Jerviswood
           ,
           whereof
           the
           Tenor
           follows
           :
        
         
           
             
               
                 
                   
                     Edinburgh
                     ,
                     
                       The
                       twenty
                       two
                       day
                       of
                       December
                       ,
                       one
                       thousand
                       six
                       hundred
                       and
                       eighty
                       four
                       years
                       .
                    
                  
                
                 
                   The
                   Lords
                   of
                   His
                   Majesties
                   Privy
                   Council
                   ,
                   do
                   hereby
                   give
                   Order
                   and
                   Warrand
                   to
                   His
                   Majesties
                   Advocat
                   ,
                   to
                   pursue
                   a
                   Process
                   of
                   Treason
                   and
                   Forfaulture
                   ,
                   before
                   the
                   Lords
                   of
                   His
                   Majesties
                   Justiciary
                   ,
                   against
                   Mr.
                   
                     Robert
                     Baillie
                  
                   of
                   Jerviswood
                   ,
                   to
                   morrow
                   at
                   two
                   a
                   clock
                   in
                   the
                   afternoon
                   preceisly
                   ,
                   and
                   the
                   saids
                   Lords
                   do
                   hereby
                   Require
                   and
                   Command
                   ,
                   Sr.
                   
                     George
                     Lockhart
                  
                   of
                   Carnwath
                   ,
                   and
                   Sr.
                   
                     John
                     Lauder
                  
                   Advocats
                   ,
                   to
                   concur
                   ,
                   and
                   assist
                   in
                   the
                   said
                   Process
                   
                   with
                   His
                   Majesties
                   Advocat
                   ,
                   from
                   the
                   intenting
                   untill
                   the
                   end
                   thereof
                   ,
                   as
                   they
                   will
                   be
                   answerable
                   upon
                   their
                   alledgance
                   .
                   Extract
                   by
                   me
                   ,
                   
                     sic
                     subscribitur
                  
                   .
                
                 
                   
                     Colin
                     Mckenzie
                     ,
                     
                       Cls.
                       Sti.
                       Concilij
                    
                     .
                  
                
              
            
          
        
         
           
             
               Pursuers
               .
            
             
               Sir
               
                 George
                 Mckenzie
              
               of
               Roshaugh
               Our
               Soveraign
               Lords
               Advocat
            
             
               Sir
               
                 George
                 Lockhart
              
            
             
               Sir
               
                 John
                 Lauder
              
               .
            
             
               Advocats
               .
            
          
           
             
               Procurators
               in
               Defence
               .
            
             
               Sir
               Patrick
               Hume
               .
            
             
               Mr.
               Walter
               Pringle
               .
            
             
               Mr.
               James
               Graham
               .
            
             
               Mr.
               Welliam
               Fletcher
               .
            
             
               Mr.
               William
               Baillie
               .
            
             
               Advocats
               .
            
          
        
         
           THE
           Pannals
           Procurators
           produced
           ane
           Act
           of
           His
           Majesties
           Privy
           Council
           ,
           in
           their
           favours
           ,
           wherof
           the
           tenor
           follows
           :
        
         
           
             
               
                 
                   
                     Edinburgh
                     ,
                     
                       the
                       twenty
                       third
                       of
                       December
                       ,
                       one
                       thousand
                       six
                       hundred
                       eighty
                       four
                       years
                       ,
                    
                  
                
                 
                   The
                   Lords
                   of
                   His
                   Majesties
                   Privy
                   Council
                   having
                   considered
                   ane
                   Address
                   made
                   to
                   them
                   ,
                   by
                   Mr.
                   
                     Robert
                     Baillie
                  
                   of
                   Jerviswood
                   ,
                   now
                   indited
                   at
                   the
                   instance
                   of
                   His
                   Majesties
                   Advocat
                   ,
                   before
                   the
                   Lords
                   Commissioners
                   of
                   Justiciary
                   ,
                   of
                   Treason
                   ,
                   do
                   hereby
                   Require
                   and
                   Command
                   Sir
                   
                     Patrick
                     Hume
                  
                   ,
                   Mr.
                   
                     Walter
                     Pringle
                  
                   ,
                   Mr.
                   
                     James
                     Graham
                  
                   ,
                   Mr.
                   
                     William
                     Fletcher
                  
                   ,
                   Mr.
                   
                     James
                     Falconer
                  
                   ,
                   Mr.
                   
                     William
                     Baillie
                  
                   Advocats
                   ,
                   to
                   Consult
                   ,
                   Compear
                   ,
                   and
                   Debate
                   for
                   the
                   Petitioner
                   ,
                   in
                   the
                   Process
                   of
                   Treason
                   ,
                   mentioned
                   in
                   his
                   Address
                   ,
                   without
                   any
                   hazard
                   ,
                   as
                   they
                   will
                   be
                   answerable
                   at
                   their
                   peril
                   ;
                   Extract
                   by
                   me
                   ,
                   sic
                   Subscribitur
                   .
                
                 
                   
                     William
                     Paterson
                     ,
                     
                       Cls.
                       Sti.
                       Concilij
                    
                     .
                  
                
              
            
          
        
         
           AFter
           reading
           of
           the
           Inditement
           ,
           the
           Lord
           Justice
           General
           required
           the
           Pannal
           to
           make
           answer
           thereto
           .
        
         
           The
           said
           Mr.
           
             Robert
             Baillie
          
           Pannal
           pleaded
           not
           Guilty
           .
        
         
           MR.
           
             Walter
             Pringle
          
           Advocat
           ,
           as
           Procurator
           for
           the
           said
           Mr.
           
             Robert
             Baillie
          
           of
           Jerviswood
           Pannal
           ,
           alleadges
           that
           he
           ought
           not
           to
           passe
           to
           the
           knowledge
           of
           an
           Assize
           ,
           because
           he
           had
           not
           got
           a
           Citation
           upon
           fyfteen
           days
           ,
           or
           at
           least
           on
           a
           competent
           time
           ,
           which
           is
           usual
           ,
           and
           absolutely
           necessar
           in
           all
           Actions
           ,
           and
           much
           more
           in
           Criminal
           Pursuits
           ,
           especially
           ,
           seing
           ,
           if
           a
           competent
           time
           be
           not
           allowed
           to
           the
           Pannal
           ,
           he
           is
           precludit
           of
           the
           benefit
           of
           ane
           exculpation
           ,
           without
           which
           he
           cannot
           prove
           his
           Objections
           against
           Witnesses
           ,
           or
           Assyzers
           ,
           or
           any
           other
           Legal
           ,
           or
           competent
           Defences
           ;
           And
           by
           the
           late
           Act
           of
           Parliament
           concerning
           the
           Justice
           Court
           ,
           all
           Pannalls
           are
           allowed
           to
           raise
           Precepts
           of
           Exculpation
           ,
           and
           thereupon
           to
           cite
           Witnesses
           ,
           for
           proving
           the
           Objections
           against
           Witnesses
           ,
           and
           Assyzers
           ,
           which
           necessarily
           pre-supposeth
           ,
           that
           a
           competent
           time
           must
           be
           allowed
           to
           the
           Pannal
           to
           execut
           his
           diligence
           ,
           or
           otherwise
           ,
           how
           is
           it
           possible
           he
           can
           prove
           an
           Defence
           of
           alibi
           ,
           or
           any
           other
           just
           Defence
           :
           and
           as
           this
           is
           most
           consonant
           to
           that
           clear
           Act
           of
           Parliament
           ,
           and
           to
           material
           
           Justice
           ,
           and
           to
           the
           Rules
           of
           Humanity
           ,
           so
           this
           point
           has
           been
           already
           fully
           and
           often
           decided
           ,
           and
           lately
           in
           the
           case
           of
           one
           Robertson
           in
           July
           1673.
           
           The
           Instance
           whereof
           ,
           is
           given
           by
           His
           Majesties
           Advocat
           in
           his
           Book
           of
           Criminals
           ,
           and
           Title
           of
           Libels
           ,
           where
           the
           Lords
           found
           ,
           that
           albeit
           Robertson
           got
           his
           Inditement
           in
           Prison
           ,
           yet
           he
           behoved
           to
           get
           it
           upon
           fifteen
           dayes
           .
        
         
           HIs
           Majesties
           Advocat
           oppons
           the
           constant
           Tract
           of
           Decisions
           ,
           whereby
           it
           is
           found
           ,
           that
           a
           person
           Incarcerated
           may
           be
           Tryed
           upon
           twenty
           four
           houres
           ;
           and
           the
           late
           Act
           of
           Parliament
           is
           only
           in
           the
           case
           where
           a
           Summons
           or
           Libel
           is
           to
           be
           Raised
           ;
           but
           here
           there
           is
           no
           Libel
           or
           Summons
           ,
           but
           only
           an
           Inditement
           ;
           nor
           was
           any
           Exculpation
           sought
           in
           this
           case
           ,
           before
           the
           Tryal
           ,
           which
           is
           the
           case
           provided
           for
           by
           the
           Act
           of
           Parliament
           .
        
         
           THe
           Lords
           ,
           Justice-General
           ,
           Justice-Clerk
           ,
           and
           Commissioners
           of
           Justiciary
           ,
           Repell
           the
           Defence
           ,
           in
           respect
           the
           Pannal
           is
           a
           Prisoner
           ,
           and
           that
           it
           has
           been
           the
           constant
           Custom
           of
           the
           Court
           ,
           and
           that
           the
           Pannal
           made
           no
           former
           application
           for
           an
           Exculpation
           .
        
         
           SIr
           
             Patrick
             Hume
          
           for
           the
           Pannal
           ,
           alleadges
           (
           alwayes
           denying
           the
           Libel
           ,
           and
           whole
           Members
           ,
           and
           Qualifications
           thereof
           )
           that
           in
           so
           far
           as
           the
           Libel
           is
           founded
           upon
           Harbouring
           ,
           maintaining
           ,
           and
           Intercommuning
           with
           the
           persons
           mentioned
           in
           the
           Dittay
           ,
           the
           Pannal
           ought
           to
           be
           assoylzied
           ;
           because
           it
           is
           
             res
             hactenus
             judicata
          
           ,
           he
           having
           been
           formerly
           pursued
           before
           the
           Lords
           of
           his
           Majesties
           Privy
           Council
           for
           the
           same
           Crimes
           ,
           and
           Fined
           in
           an
           considerable
           Sum
           ;
           and
           therefore
           that
           Crime
           cannot
           now
           be
           made
           use
           of
           as
           a
           ground
           of
           Treason
           against
           the
           Pannal
           .
        
         
           HIs
           Majesties
           Advocat
           answers
           ,
           That
           he
           Restricts
           his
           Libel
           ,
           to
           the
           Pannals
           entering
           in
           a
           Conspiracy
           ;
           for
           raising
           Rebellion
           ,
           and
           for
           procuring
           Money
           to
           be
           sent
           to
           the
           late
           Earl
           of
           Argile
           ,
           for
           carrying
           on
           the
           said
           Rebellion
           ;
           and
           for
           concealing
           ,
           and
           not
           revealing
           ;
           neither
           of
           which
           is
           referred
           to
           his
           Oath
           ;
           and
           consequently
           was
           not
           
             res
             judicata
          
           ,
           there
           being
           nothing
           referred
           to
           his
           Oath
           ;
           but
           his
           Converse
           and
           Correspondence
           with
           some
           Ministers
           ,
           and
           others
           within
           the
           Kingdom
           ,
           and
           his
           own
           Gardiner
           ,
           and
           his
           Writing
           Letters
           to
           my
           Lord
           Argile
           ;
           and
           oppons
           the
           Decreet
           of
           Council
           it self
           ,
           and
           restricts
           the
           Libel
           to
           all
           the
           Crimes
           not
           insisted
           on
           in
           the
           Decreet
           .
        
         
           SIr
           
             Patrick
             Hume
          
           Replyes
           ,
           That
           as
           to
           the
           Corresponding
           with
           the
           late
           Earl
           of
           Argile
           ,
           at
           any
           time
           since
           his
           Forefaulture
           ,
           was
           expresly
           proponed
           as
           an
           Interrogator
           to
           the
           Pannal
           in
           that
           Pursuit
           ,
           at
           His
           Majesties
           Advocat's
           Instance
           against
           him
           ,
           before
           the
           Lords
           of
           His
           Majesties
           Privy
           Council
           ,
           and
           that
           not
           only
           
           his
           own
           Correspondence
           by
           himself
           ;
           but
           also
           by
           Major
           Holms
           ,
           Mr.
           
             Carstares
             ,
             Robert
             West
             ,
             Thomas
             Shepherd
             ,
             Richard
             Rumbold
             ,
          
           and
           Collonel
           Rumsay
           ,
           as
           the
           Interrogator
           bears
           ,
           as
           appears
           by
           a
           double
           of
           the
           Act
           of
           Council
           ,
           written
           by
           the
           Clerk
           of
           Councils
           Servant
           ,
           and
           is
           offered
           to
           be
           proven
           by
           my
           Lord
           Advocats
           Oath
           :
           And
           as
           to
           any
           Correspondency
           with
           Mr.
           Veitch
           ,
           it
           is
           not
           Relevant
           ,
           since
           he
           was
           not
           Declared
           Rebel
           .
        
         
           SIr
           
             John
             Lauder
          
           for
           His
           Majesties
           Interest
           ,
           answers
           ,
           That
           he
           oppons
           the
           Decreet
           of
           Privy
           Council
           ,
           where
           no
           such
           Interrogator
           was
           put
           to
           the
           Pannal
           ,
           and
           the
           Decreet
           must
           make
           more
           Faith
           than
           any
           pretended
           Scroll
           ,
           and
           cannot
           be
           taken
           away
           by
           His
           Majesties
           Advocats
           Oath
           ,
           to
           His
           Majesties
           prejudice
           ;
           and
           for
           Mr.
           
             William
             Veitch
          
           ,
           he
           stands
           expresly
           Forefault
           in
           anno
           1667.
           and
           the
           Doom
           of
           Forefaulture
           ,
           is
           Ratified
           in
           the
           Parliament
           1669.
           
        
         
           SIr
           
             Patrick
             Hume
          
           oppons
           the
           Reply
           ,
           That
           as
           to
           the
           Corresponding
           with
           Mr.
           Veitch
           ,
           it
           does
           not
           appear
           ,
           that
           he
           is
           the
           person
           mentioned
           in
           the
           Act
           of
           Parliament
           ;
           and
           albeit
           he
           were
           ,
           as
           he
           is
           not
           ,
           he
           having
           thereafter
           come
           home
           to
           Scoland
           ,
           all
           the
           punishment
           inflicted
           upon
           him
           was
           Banishment
           ,
           not
           to
           return
           under
           the
           pain
           of
           Death
           ,
           which
           did
           take
           off
           any
           former
           Punishment
           ;
           and
           it
           was
           no
           Crime
           in
           any
           Person
           to
           Intercommune
           with
           him
           ,
           especially
           in
           another
           Kingdom
           ;
           and
           by
           the
           late
           Act
           of
           Council
           in
           anno
           1683.
           
           Even
           the
           Conversing
           ,
           and
           Intercommuning
           with
           declared
           Traitors
           ,
           is
           restricted
           to
           an
           Arbitrary
           punishment
           .
        
         
           HIs
           Majesties
           Advocat
           oppons
           the
           standing
           Doom
           of
           Forefaulture
           against
           Veitch
           ,
           and
           the
           Proclamation
           ,
           or
           Act
           of
           Council
           it
           ●elf
           .
        
         
           THe
           Lords
           ,
           Justice-General
           ,
           Justice-Clerk
           ,
           and
           Commissioners
           of
           Justiciary
           ,
           having
           considered
           the
           Libel
           ,
           pursued
           by
           His
           Majesties
           Advocat
           ,
           against
           Mr.
           
             Robert
             Baillie
          
           of
           Jerviswood
           ,
           with
           the
           Lord
           Advocats
           Declaration
           ,
           whereby
           he
           Restricts
           the
           same
           to
           the
           Crimes
           not
           insisted
           on
           in
           the
           Decreet
           of
           Council
           formerly
           pronunced
           against
           the
           Pannal
           .
           They
           find
           the
           same
           Relevant
           as
           it
           is
           restricted
           ,
           to
           infer
           the
           pain
           of
           Treason
           ,
           and
           remits
           the
           same
           to
           the
           knowledge
           of
           the
           Assize
           ,
           and
           Repells
           the
           remnant
           Defences
           proponed
           for
           the
           Pannal
           ,
           in
           respect
           of
           the
           Decreet
           of
           Council
           produced
           ,
           bearing
           no
           such
           thing
           as
           is
           alleadged
           ,
           and
           of
           the
           answers
           made
           by
           His
           Majesties
           Advocat
           thereto
           .
        
         
           
           
             Assisa
             .
          
           
             
               The
               Earl
               of
               Strathmore
               .
            
             
               The
               Earl
               of
               Belcarras
               .
            
             
               Sir
               
                 George
                 Skeen
              
               ,
               Provost
               of
               Aberdene
               .
            
             
               Sir
               
                 James
                 Fleming
              
               ,
               late
               Provest
               of
               Edinburgh
               .
            
             
               Sir
               
                 John
                 Ramsay
              
               of
               Whitehill
               .
            
             
               
                 Adam
                 Hepburn
              
               of
               Humby
               .
            
             
               
                 Andrew
                 Bru●e
              
               of
               Earleshall
               .
            
             
               
                 John
                 Stuart
              
               ,
               Tutor
               of
               Alpin
               .
            
             
               
                 Alexander
                 Miln
              
               of
               Carrin
               .
            
             
               Mr.
               
                 James
                 Elies
              
               of
               Stenhopsmilns
               .
            
             
               Sir
               
                 William
                 Drummond
              
               of
               Halthornden
               .
            
             
               Major
               
                 Andrew
                 White
              
               ,
               Lieutennent
               of
               
                 Edinburgh
                 Castle
              
               ,
            
             
               Mr.
               
                 David
                 Grahame
              
               ,
               Sheriff
               of
               Wigtoun
               .
            
             
               
                 Colin
                 M
                 
                 ckenzie
              
               ,
               Collector
               of
               Ross.
               
            
             
               
                 David
                 Burnet
              
               Merchant
               .
            
          
           
             THe
             Assise
             lawfully
             Sworn
             ,
             no
             Objection
             of
             the
             Law
             in
             the
             contrary
             .
          
           
             HIis
             Majesties
             Advocat
             for
             Probation
             adduced
             the
             Witnesses
             and
             Writs
             aftermentioned
             ;
             and
             first
             ,
             Walter
             Earl
             of
             Tarras
             .
          
           
             SIr
             
               Patrick
               Hume
            
             Procurator
             for
             the
             Pannal
             ,
             objects
             against
             the
             Earl
             of
             Tarras
             ,
             that
             he
             cannot
             be
             a
             Witness
             ,
             because
             he
             is
             
               socius
               &
               particeps
               criminis
            
             ;
             and
             it
             is
             clear
             by
             the
             34.
             
             
               Chap.
               Stat
               2.
               
               Rob.
            
             1.
             
             Concerning
             these
             that
             are
             excluded
             from
             bearing
             of
             Testimony
             that
             
               socij
               &
               participes
               ejusdem
               criminis
               ,
               vel
               incarcerati
               &
               vinculati
               ,
            
             cannot
             bear
             Testimony
             :
             As
             also
             ,
             the
             Earl
             of
             Tarras
             being
             presently
             under
             an
             Inditement
             of
             High
             Treason
             ,
             and
             under
             the
             Impressions
             of
             Fear
             ,
             and
             Death
             ,
             no
             person
             in
             his
             Circumstances
             can
             be
             admitted
             a
             Witness
             ,
             as
             is
             not
             only
             clear
             from
             the
             foresaid
             Statute
             ,
             but
             from
             the
             Common
             Law.
             
          
           
             HIs
             Majesties
             Advocat
             answers
             ,
             That
             it
             is
             an
             exception
             from
             that
             Rule
             ,
             both
             by
             the
             Common
             Law
             ,
             and
             ours
             ,
             that
             in
             the
             Crime
             of
             lese
             Majestie
             ,
             and
             especially
             ,
             that
             Branch
             therof
             ,
             which
             we
             call
             a
             Conspiracy
             ,
             
               socius
               criminis
            
             may
             be
             a
             witnes
             ,
             and
             which
             is
             introduced
             very
             reasonably
             by
             Lawyers
             ,
             to
             secure
             the
             common
             interest
             of
             mankind
             ,
             which
             is
             the
             chief
             of
             all
             Interests
             ;
             and
             because
             Conspiracies
             cannot
             be
             otherwayes
             proved
             ,
             and
             not
             to
             allow
             this
             manner
             of
             Probation
             ,
             were
             to
             allow
             Treason
             ,
             since
             no
             man
             can
             prove
             a
             Plot
             ,
             but
             he
             that
             is
             upon
             it
             ,
             and
             how
             can
             a
             man
             object
             against
             him
             as
             a
             Witness
             ,
             whom
             himself
             trusted
             with
             his
             Life
             ,
             his
             Fortune
             ,
             and
             their
             common
             Plot
             ,
             nor
             is
             the
             intenting
             of
             the
             lybel
             any
             stronger
             qualification
             ,
             since
             every
             man
             that
             is
             
               socius
               criminis
            
             ,
             is
             under
             the
             same
             impression
             ,
             and
             it
             would
             rather
             seem
             the
             
             greater
             and
             nearer
             apprehensions
             a
             man
             has
             of
             death
             ,
             he
             will
             be
             the
             more
             sincere
             and
             faithful
             ;
             Nor
             has
             the
             Earl
             of
             Tarras
             ,
             nor
             did
             he
             ever
             seek
             any
             security
             ,
             in
             order
             to
             his
             deponing
             .
             And
             this
             has
             been
             constantly
             ,
             and
             latlie
             ,
             conform
             to
             the
             common
             Law
             ,
             as
             may
             be
             seen
             in
             the
             hundreds
             of
             Citations
             set
             down
             by
             
               Mascard
               ,
               de
               probationibus
               ,
               vol.
               4.
               conclus
               .
            
             1318.
             num
             .
             21.
             and
             the
             contrary
             citations
             prove
             only
             ,
             that
             regularly
             
               socius
               criminis
            
             cannot
             be
             a
             Witnes
             .
          
           
             SIr
             
               Patrick
               Hume
            
             replyes
             ,
             that
             the
             Statutes
             of
             Robert
             the
             first
             is
             opponed
             ,
             and
             
               non
               est
               distinguendum
               ubi
               lex
               non
               distinguit
               ,
            
             and
             not
             only
             was
             he
             
               socius
               criminis
            
             ,
             which
             is
             acknowledged
             ,
             but
             he
             is
             incarceratus
             ,
             and
             lying
             under
             an
             Indytment
             of
             high
             Treason
             ,
             and
             has
             thrown
             himself
             on
             the
             Kings
             Mercy
             ,
             and
             it
             is
             not
             proper
             he
             should
             be
             a
             Wintess
             ,
             seing
             he
             is
             in
             the
             Kings
             Mercy
             ,
             who
             may
             give
             him
             his
             life
             or
             not
             ,
             and
             there
             was
             never
             a
             Person
             in
             these
             circumstances
             ,
             that
             ever
             was
             admitted
             a
             Witness
             .
          
           
             MR.
             
               Walter
               Pringle
            
             adds
             ,
             That
             the
             Earl
             of
             Tarras
             ,
             is
             not
             only
             in
             the
             case
             of
             a
             person
             who
             stands
             Indyted
             for
             High-Treason
             ;
             but
             must
             be
             look'd
             upon
             ,
             as
             a
             person
             condemned
             for
             the
             said
             Cryme
             ,
             seing
             he
             fully
             ,
             and
             amply
             confest
             the
             Cryme
             :
             
               &
               confessus
               habetur
               p●o
               convicto
            
             ,
             and
             never
             any
             Lawyer
             asserted
             ,
             That
             
               damnatus
               criminis
               lesa
               Majestatis
            
             could
             be
             admitted
             as
             a
             Witnes
             ,
             and
             there
             is
             nothing
             more
             clear
             ,
             then
             that
             by
             the
             common
             Law
             ,
             and
             the
             Law
             of
             all
             Nations
             ,
             this
             Objection
             ought
             to
             be
             sustained
             ,
             for
             the
             Civil
             Law
             is
             clear
             ,
             
               leg
               .
               11.
               cod
               ▪
               de
               testibus
               ,
            
             and
             Matheus
             in
             his
             title
             
               de
               probationibus
               ,
               cap.
               de
               testibus
               ,
            
             doth
             assert
             positivlie
             ,
             that
             the
             Cryme
             of
             lese
             Majestie
             ,
             Heresie
             ,
             and
             generally
             all
             these
             Crymes
             
               quae
               sine
               sociis
               non
               possuut
               facile
               admitti
               ,
            
             are
             not
             excepted
             .
             And
             he
             asserts
             ,
             that
             the
             Lawyers
             ,
             
               viz.
               Gomesius
               ,
               &
               Decianus
            
             ,
             who
             are
             of
             another
             Opinion
             ,
             do
             acknowledge
             ,
             
               nominatum
               a
               reo
               damnandum
               non
               esse
               ,
            
             and
             that
             they
             contravert
             only
             ,
             
               An
               nominatio
               rei
               sit
               indicium
               sufficiens
               ad
               torquendum
               nominatum
               .
            
          
           
             SIr
             
               George
               Lockhart
            
             Repeats
             ,
             and
             oppons
             the
             Answer
             ,
             and
             the
             Cryme
             lybelled
             ,
             being
             a
             Conspiration
             of
             Treason
             ,
             which
             of
             it's
             own
             nature
             is
             manadged
             ,
             and
             caryed
             on
             by
             Secrecie
             and
             Contrivance
             ;
             and
             which
             is
             only
             known
             to
             the
             Complices
             of
             the
             Treason
             ,
             and
             which
             cannot
             be
             commited
             
               sine
               sociis
            
             ,
             the
             Law
             of
             this
             Kingdom
             ,
             and
             of
             all
             Nations
             ,
             do
             allow
             
               socios
               criminis
            
             to
             be
             
               testes
               habiles
            
             ,
             and
             not
             only
             are
             they
             admitted
             in
             the
             case
             of
             such
             Conjurations
             ,
             but
             generally
             
               in
               omnibus
               criminibus
               exceptis
            
             ,
             amongst
             which
             the
             Crime
             of
             Perduellion
             ,
             and
             lese
             Majestie
             is
             the
             chief
             ,
             and
             it
             is
             absolutly
             impossible
             ,
             that
             Plots
             ,
             and
             Conspirations
             of
             Treason
             can
             be
             otherwayes
             proven
             ,
             then
             
               per
               socios
            
             ,
             and
             such
             as
             are
             
               participes
               criminis
            
             ,
             and
             which
             is
             the
             common
             opinion
             of
             all
             Lawyers
             ,
             as
             may
             appear
             by
             
               Farin
               .
               Quest
            
             :
             45.
             
             And
             the
             Authorities
             cited
             by
             him
             ,
             and
             which
             is
             the
             inviolable
             practique
             of
             this
             Kingdom
             :
             and
             as
             to
             that
             pretence
             ,
             that
             the
             Earl
             of
             Tarras
             is
             under
             a
             Process
             of
             Treason
             ,
             and
             has
             submitted
             to
             His
             Majesties
             mercy
             ,
             and
             that
             
               confessus
               habetur
               pro
               convicto
            
             ,
             it
             imports
             nothing
             ,
             and
             infers
             no
             more
             then
             that
             he
             is
             
               socius
               criminis
            
             ,
             
             and
             is
             still
             a
             habil
             witnes
             ,
             as
             to
             Conjuration
             of
             Treason
             
               socius
               criminis
               hoc
               ipso
            
             ,
             that
             it
             is
             acknowledged
             ,
             or
             proven
             ,
             being
             still
             under
             the
             hazard
             of
             Process
             ,
             or
             condemnation
             ,
             which
             Law
             regards
             not
             in
             regard
             of
             the
             secrecie
             involved
             in
             the
             nature
             of
             the
             Crime
             ,
             that
             either
             witnesses
             
               neque
               actu
               neque
               habitu
            
             ,
             can
             be
             present
             ,
             so
             that
             the
             objection
             amounts
             to
             no
             less
             then
             that
             Conjurations
             of
             Treason
             cannot
             at
             all
             be
             proven
             :
             And
             as
             to
             the
             Law
             cited
             from
             the
             Majestie
             ,
             it
             imports
             no
             more
             then
             that
             the
             Objection
             
               regulariter
               pro●edit
            
             in
             Crimes
             ,
             which
             of
             there
             own
             nature
             are
             not
             
               perdifficilis
               probationis
            
             ,
             and
             are
             not
             
               inter
               crimina
               excepta
            
             such
             as
             the
             Cryme
             of
             Conspiracy
             and
             Treason
             is
             ▪
          
           
             MR.
             
               William
               Fleteher
            
             Oppons
             the
             Objection
             ,
             and
             Reply
             ,
             and
             further
             adds
             ,
             that
             albeit
             
               crimen
               lesae
               Majestatis
            
             be
             reckoned
             
               inter
               crimina
               excepta
            
             ,
             and
             so
             have
             some
             priviledge
             ,
             as
             to
             the
             qualification
             of
             Witnesses
             ,
             yet
             it
             cannot
             be
             denyed
             ,
             but
             there
             are
             some
             Objections
             competent
             against
             Witness
             adduced
             for
             proving
             Conspiracies
             ,
             and
             Treason
             ,
             
               verbi
               causa
            
             ,
             that
             a
             Witnes
             is
             a
             Capital
             Enemy
             ,
             or
             that
             he
             is
             
               sub
               potestate
               accusatoris
            
             ,
             and
             the
             Objection
             new
             pleaded
             ,
             being
             taken
             complexlie
             ,
             viz.
             That
             the
             Earl
             of
             Tarras
             is
             not
             only
             
               socius
               criminis
            
             ,
             but
             also
             ,
             that
             he
             is
             
               publico
               judicio
               reus
            
             ,
             upon
             the
             same
             Crime
             ,
             and
             that
             as
             means
             to
             procure
             His
             Majesties
             favour
             ,
             he
             has
             submitted
             himself
             ,
             and
             come
             in
             His
             Majesties
             mercy
             ,
             by
             an
             acknowledgment
             of
             the
             Cryme
             ,
             before
             the
             Dyet
             of
             Citation
             ,
             he
             is
             obnoxious
             to
             a
             most
             just
             Objection
             ,
             viz.
             That
             he
             is
             
               sub
               potestate
            
             ,
             and
             by
             the
             submissiou
             ,
             and
             Confession
             ,
             his
             Life
             and
             Estate
             is
             now
             in
             His
             Majesties
             hands
             ,
             so
             that
             he
             is
             not
             only
             in
             the
             case
             of
             
               a
               reus
               confessus
            
             ,
             but
             in
             the
             case
             of
             a
             Witnes
             ,
             who
             does
             absolutely
             depend
             upon
             His
             Majesties
             Advocat
             the
             Pursuer
             ;
             and
             as
             a
             privat
             accuser
             ,
             could
             not
             adduce
             his
             own
             Servants
             to
             be
             Witnesses
             ,
             because
             they
             are
             
               testes
               domestici
            
             ,
             and
             depend
             upon
             him
             ,
             so
             far
             less
             ought
             a
             Witnes
             to
             be
             adduced
             ,
             who
             not
             only
             depends
             ,
             as
             to
             his
             Estate
             ,
             but
             as
             to
             his
             Life
             ,
             and
             the
             Law
             gives
             a
             very
             good
             reason
             ,
             and
             which
             is
             mentioned
             by
             
               Paulus
               ,
               lib.
               1.
               receptarum
               sententiarum
               ,
               cap.
               12.
               parag
               .
               ult
               .
            
             In
             these
             words
             ▪
             
               de
               se
               confessus
               ,
               non
               est
               au●●endus
               ut
               testis
               ,
               ne
               alienam
               salutem
               in
               dubium
               deducat
               qui
               de
               sua
               desperavit
            
             ;
             and
             as
             to
             the
             pretence
             that
             a
             Conjuration
             is
             a
             Cryme
             so
             occult
             ,
             that
             it
             must
             either
             be
             proven
             by
             such
             Witnesses
             ,
             or
             otherwayes
             the
             guilty
             person
             will
             escape
             .
             It
             is
             answered
             ▪
             that
             in
             this
             case
             ,
             His
             Majesties
             Advocat
             had
             an
             easie
             remedie
             ,
             for
             he
             might
             have
             pursued
             the
             Pannal
             ,
             before
             he
             pursued
             the
             Witnes
             ,
             and
             the
             Terror
             and
             Apprehension
             of
             the
             event
             of
             a
             Process
             for
             Treason
             cannot
             be
             constructed
             otherwayes
             ,
             then
             to
             have
             influence
             upon
             the
             Deposition
             of
             the
             Witnes
             ;
             and
             as
             to
             the
             Citation
             out
             of
             Farinacius
             ,
             it
             is
             only
             in
             the
             case
             of
             
               socius
               criminis
            
             ,
             but
             when
             he
             comes
             to
             treat
             
               de
               teste
               accusato
               vel
               carcerato
               .
               Quest.
               56.
               articulo
               4to
               .
            
             He
             sayes
             ,
             
               Regula
               sit
               in
               accusato
               quod
               is
               pendente
               accusatione
               à
               testimonio
               repellitur
               ▪
            
             and
             be
             the
             2d
             .
             Rule
             of
             the
             same
             Article
             ,
             He
             sayes
             ,
             it
             is
             a
             principle
             
               quod
               carceratus
               testimonium
               ferre
               prohibetur
            
             ,
             and
             he
             gives
             this
             reason
             ,
             
               quia
               praesumitur
               ,
               quod
               falsum
               testimonium
               diceret
               pro
               aliquo
               qui
               ei
               promiserit
               se
               liberare
               a
               vinculo
               ,
            
             and
             limits
             this
             Rule
             ,
             that
             he
             must
             be
             
               carceratus
               propter
               crimen
            
             .
          
           
           
             SIr
             
               Patrick
               Hume
            
             adds
             ,
             that
             it
             is
             a
             certain
             principle
             ,
             that
             any
             person
             that
             is
             guilty
             
               infamia
               juris
            
             ,
             cannot
             be
             a
             Witness
             ,
             no
             more
             than
             a
             person
             that
             is
             Convict
             ,
             and
             Condemned
             of
             Treason
             ;
             and
             if
             he
             were
             Convict
             ,
             and
             Condemned
             of
             Treason
             ,
             he
             could
             not
             be
             a
             Witness
             ,
             even
             in
             the
             case
             of
             Treason
             :
             so
             neither
             can
             the
             Earl
             of
             Tarras
             in
             this
             case
             be
             received
             a
             VVitness
             ,
             for
             he
             being
             adduced
             a
             VVitness
             after
             he
             received
             his
             Inditement
             ,
             and
             confessed
             the
             Crime
             ,
             is
             equivalent
             ,
             as
             if
             he
             had
             been
             actually
             Convict
             ;
             and
             whatever
             may
             be
             pretended
             ,
             that
             
               testes
               infames
            
             may
             be
             admitted
             ;
             yet
             it
             was
             never
             asserted
             by
             any
             Lawyer
             ,
             that
             a
             person
             Convict
             of
             Treason
             can
             be
             admitted
             a
             VVitness
             .
          
           
             THe
             Lords
             Repelled
             the
             Objection
             against
             the
             Earl
             of
             Tarras
             ,
             
             and
             ordains
             him
             to
             be
             received
             a
             Witness
             .
          
           
             
               
                 
                   
                     WAlter
                     Earl
                     of
                     Tarras
                     ,
                     aged
                     fourty
                     years
                     ,
                     married
                     ,
                     purged
                     ,
                     and
                     sworn
                     ;
                     being
                     Interrogat
                     ,
                     if
                     about
                     the
                     time
                     that
                     Sir
                     
                       John
                       Cochran
                    
                     ,
                     and
                     Commissar
                     Monro
                     got
                     their
                     Commission
                     from
                     the
                     Carolina
                     Company
                     for
                     London
                     ,
                     the
                     Pannal
                     Mr.
                     
                       Robert
                       Baillie
                    
                     of
                     Jerviswood
                     did
                     not
                     desire
                     the
                     Deponent
                     to
                     speak
                     to
                     Commissar
                     Monro
                     ,
                     to
                     try
                     if
                     he
                     could
                     get
                     him
                     the
                     said
                     Pannal
                     added
                     to
                     that
                     Commission
                     ,
                     Depones
                     affirmative
                     .
                     Being
                     Interrogat
                     ,
                     if
                     the
                     said
                     Jerviswood
                     ,
                     the
                     Pannal
                     ,
                     did
                     not
                     tell
                     the
                     Deponent
                     ,
                     that
                     he
                     was
                     resolved
                     to
                     go
                     to
                     London
                     however
                     upon
                     his
                     own
                     Expenses
                     ,
                     and
                     that
                     his
                     and
                     their
                     going
                     about
                     the
                     Carolina
                     Bussiness
                     ,
                     was
                     but
                     a
                     pretence
                     ,
                     and
                     a
                     blind
                     ;
                     but
                     that
                     the
                     true
                     design
                     was
                     ,
                     to
                     push
                     foreward
                     the
                     people
                     of
                     England
                     ,
                     who
                     could
                     do
                     nothing
                     but
                     talk
                     ,
                     to
                     go
                     more
                     effectually
                     about
                     their
                     bussiness
                     ,
                     Depones
                     affirmative
                     .
                     Depones
                     that
                     the
                     Pannal
                     did
                     settle
                     a
                     Correspondence
                     with
                     the
                     Deponent
                     ,
                     whereby
                     he
                     was
                     to
                     give
                     an
                     account
                     to
                     the
                     Deponent
                     of
                     what
                     should
                     pass
                     betwixt
                     the
                     Countrey
                     Party
                     in
                     England
                     ,
                     and
                     the
                     Scots
                     men
                     there
                     :
                     and
                     on
                     the
                     other
                     hand
                     ,
                     the
                     Deponent
                     was
                     to
                     VVrite
                     to
                     him
                     what
                     occurred
                     here
                     ;
                     Depones
                     that
                     the
                     Pannal
                     did
                     say
                     to
                     the
                     Deponent
                     ,
                     if
                     the
                     King
                     would
                     suffer
                     the
                     Parliament
                     of
                     England
                     to
                     sit
                     ,
                     and
                     pass
                     the
                     Bill
                     of
                     Seclusion
                     ,
                     that
                     that
                     was
                     the
                     only
                     way
                     to
                     secure
                     the
                     Protestant
                     Religion
                     .
                     Depons
                     that
                     the
                     Pannal
                     said
                     to
                     him
                     ,
                     that
                     the
                     King
                     might
                     be
                     induced
                     to
                     do
                     so
                     ,
                     if
                     the
                     Parliament
                     would
                     take
                     sharp
                     ,
                     or
                     brisk
                     measures
                     with
                     Him
                     ,
                     or
                     the
                     like
                     .
                     Depones
                     these
                     words
                     were
                     spoke
                     to
                     him
                     by
                     the
                     Pannal
                     ,
                     since
                     the
                     holding
                     of
                     the
                     last
                     Session
                     of
                     this
                     current
                     Parliament
                     ;
                     and
                     before
                     the
                     Pannal
                     and
                     Commissar
                     Monro
                     went
                     for
                     London
                     .
                     Depons
                     that
                     after
                     the
                     Pannal
                     went
                     to
                     London
                     ,
                     he
                     did
                     give
                     the
                     Deponent
                     an
                     account
                     by
                     Letters
                     ,
                     that
                     things
                     were
                     in
                     great
                     Disorder
                     there
                     ,
                     and
                     that
                     he
                     hoped
                     there
                     would
                     be
                     effectual
                     Courses
                     taken
                     to
                     remeid
                     them
                     .
                     Depones
                     that
                     Mr.
                     
                       Robert
                       Martin
                    
                     did
                     come
                     to
                     Mr.
                     Pringle
                     of
                     Torwoodlies
                     House
                     in
                     May
                     1683.
                     or
                     thereby
                     ,
                     and
                     brought
                     a
                     Letter
                     to
                     the
                     Deponents
                     Lady
                     unsubscribed
                     ,
                     but
                     the
                     Deponent
                     knows
                     it
                     
                     was
                     Jerviswoods
                     Hand-writing
                     ,
                     who
                     was
                     then
                     at
                     London
                     ,
                     and
                     that
                     Mr.
                     Martin
                     told
                     the
                     Deponent
                     ,
                     that
                     things
                     in
                     England
                     were
                     in
                     great
                     disorder
                     ,
                     and
                     like
                     to
                     come
                     to
                     a
                     hight
                     ,
                     and
                     that
                     the
                     Countrey
                     Party
                     were
                     considering
                     on
                     methods
                     for
                     securing
                     the
                     Protestant
                     Religion
                     .
                     And
                     that
                     Archibald
                     ,
                     sometime
                     Earl
                     of
                     Argile
                     ,
                     was
                     to
                     get
                     ten
                     thousand
                     pounds
                     Sterling
                     ,
                     whereas
                     thirty
                     thousand
                     pounds
                     Sterling
                     was
                     sought
                     by
                     the
                     Scots-men
                     at
                     London
                     ,
                     which
                     was
                     to
                     be
                     sent
                     over
                     to
                     Holland
                     to
                     provide
                     Arms
                     ;
                     and
                     that
                     the
                     late
                     Earl
                     of
                     Argile
                     was
                     to
                     Land
                     with
                     these
                     Armes
                     in
                     the
                     West-Highlands
                     of
                     Scotland
                     ,
                     and
                     that
                     the
                     Deponents
                     Friend
                     Jerviswood
                     the
                     Pannal
                     ,
                     was
                     to
                     be
                     sent
                     over
                     with
                     the
                     Money
                     .
                     Depones
                     that
                     Philiphaugh
                     and
                     he
                     went
                     to
                     Gallowshiels
                     House
                     ,
                     where
                     they
                     met
                     with
                     Polwort
                     and
                     Gallowshiels
                     ,
                     and
                     that
                     it
                     was
                     talked
                     amongst
                     them
                     there
                     ,
                     that
                     in
                     case
                     those
                     in
                     England
                     should
                     rise
                     in
                     Arms
                     ,
                     that
                     it
                     was
                     necessary
                     in
                     that
                     case
                     ,
                     that
                     so
                     many
                     as
                     could
                     be
                     got
                     on
                     the
                     Borders
                     should
                     be
                     in
                     readiness
                     to
                     deal
                     with
                     Straglers
                     and
                     seize
                     upon
                     Horses
                     ,
                     and
                     that
                     thereafter
                     they
                     should
                     joyn
                     with
                     those
                     that
                     were
                     in
                     Arms
                     on
                     the
                     Borders
                     of
                     England
                     .
                     Depons
                     ,
                     That
                     in
                     the
                     case
                     foresaid
                     ,
                     it
                     was
                     said
                     ,
                     it
                     was
                     convenient
                     the
                     Castle
                     of
                     
                       Stirling
                       ,
                       Berwick
                    
                     ,
                     and
                     some
                     other
                     Strengths
                     should
                     be
                     seiz'd
                     upon
                     ;
                     and
                     it
                     was
                     likewise
                     spoke
                     amongst
                     them
                     ,
                     that
                     some
                     persons
                     should
                     be
                     employed
                     to
                     inquire
                     what
                     Arms
                     was
                     in
                     that
                     Countrey
                     .
                     Depons
                     ,
                     That
                     it
                     was
                     spoke
                     then
                     ,
                     that
                     the
                     best
                     time
                     for
                     Argyle
                     was
                     to
                     land
                     in
                     the
                     West
                     when
                     there
                     was
                     a
                     stur
                     in
                     England
                     ,
                     or
                     Scotland
                     ,
                     or
                     words
                     to
                     that
                     purpose
                     .
                     Depons
                     ,
                     That
                     every
                     one
                     desired
                     another
                     to
                     speak
                     to
                     such
                     particular
                     persons
                     as
                     they
                     could
                     trust
                     ,
                     by
                     letting
                     a
                     word
                     fall
                     indirectly
                     upon
                     supposition
                     ,
                     in
                     case
                     of
                     the
                     Rising
                     in
                     England
                     concerning
                     the
                     Affair
                     for
                     preparing
                     of
                     them
                     :
                     And
                     that
                     he
                     was
                     told
                     by
                     Philiphaugh
                     thereafter
                     ,
                     that
                     there
                     was
                     a
                     Word
                     and
                     Sign
                     to
                     be
                     used
                     amongst
                     them
                     ,
                     viz.
                     the
                     Sign
                     was
                     by
                     loosing
                     a
                     Button
                     on
                     the
                     Breast
                     ,
                     and
                     that
                     the
                     Word
                     was
                     Harmony
                     .
                     Depons
                     ,
                     the
                     Pannal
                     spoke
                     to
                     the
                     Deponent
                     to
                     advertise
                     Torwoodlie
                     ,
                     that
                     he
                     might
                     acquaint
                     Mr.
                     
                       William
                       Veitch
                    
                     a
                     forfault
                     Traitor
                     ,
                     who
                     was
                     in
                     Northumberland
                     ,
                     that
                     he
                     might
                     keep
                     himself
                     close
                     ,
                     and
                     be
                     on
                     his
                     guard
                     ,
                     lest
                     he
                     should
                     be
                     catch'd
                     ;
                     which
                     was
                     since
                     the
                     Pannal
                     was
                     Prisoner
                     in
                     the
                     Tolbooth
                     of
                     Edinburgh
                     .
                     And
                     this
                     is
                     the
                     truth
                     ,
                     as
                     he
                     shall
                     answer
                     to
                     God.
                     
                       Sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       Tarras
                       ,
                       Linlithgow
                       .
                       
                         I.
                         P.
                         D.
                      
                       
                    
                  
                
              
            
          
           
             
               
                 
                   
                     
                       ALexander
                       Monro
                    
                     of
                     Bear-crofts
                     ,
                     Aged
                     fourty
                     five
                     Years
                     ,
                     or
                     thereby
                     ;
                     solutus
                     ,
                     solemnly
                     sworn
                     and
                     purg'd
                     .
                     Depons
                     ,
                     that
                     the
                     Earl
                     of
                     Tarras
                     proposed
                     to
                     the
                     Deponent
                     ,
                     that
                     Jerviswood
                     might
                     be
                     made
                     one
                     of
                     the
                     Commissioners
                     for
                     the
                     Affair
                     of
                     Carolina
                     ,
                     for
                     that
                     he
                     could
                     not
                     safely
                     stay
                     at
                     Home
                     ;
                     and
                     that
                     the
                     Deponents
                     answer
                     was
                     ,
                     that
                     he
                     had
                     no
                     interest
                     in
                     the
                     Affair
                     ,
                     and
                     so
                     could
                     not
                     be
                     a
                     Commissioner
                     .
                     Depons
                     ,
                     that
                     the
                     Pannal
                     did
                     wait
                     for
                     the
                     Deponent
                     at
                     Wooller
                     ,
                     and
                     did
                     go
                     alongst
                     with
                     him
                     to
                     London
                     ,
                     and
                     that
                     by
                     the
                     way
                     he
                     heard
                     him
                     regrate
                     his
                     own
                     hazard
                     and
                     others
                     ,
                     because
                     of
                     Blackwoods
                     Sentence
                     ;
                     and
                     that
                     he
                     heard
                     him
                     regrate
                     the
                     hazard
                     our
                     Laws
                     ,
                     and
                     Liberties
                     ,
                     and
                     the
                     Protestant
                     Religion
                     were
                     in
                     .
                     Depons
                     ,
                     that
                     the
                     Pannal
                     spoke
                     to
                     the
                     Deponent
                     and
                     others
                     ,
                     more
                     then
                     once
                     
                     at
                     London
                     for
                     getting
                     of
                     Money
                     from
                     the
                     English
                     to
                     be
                     sent
                     to
                     the
                     late
                     Earl
                     of
                     Argile
                     ,
                     for
                     bringing
                     home
                     Arms
                     for
                     the
                     said
                     Earls
                     use
                     ,
                     as
                     he
                     understood
                     ,
                     for
                     carrying
                     on
                     an
                     Insurrection
                     ,
                     and
                     Rebellion
                     in
                     Scotland
                     .
                     Depons
                     ,
                     that
                     at
                     the
                     time
                     libelled
                     ,
                     in
                     Jerviswoods
                     Chamber
                     in
                     London
                     ,
                     Mr.
                     
                       William
                       Veitch
                    
                     a
                     forfault
                     Traitor
                     was
                     present
                     ;
                     and
                     that
                     Sir
                     
                       John
                       Cochran
                    
                     did
                     at
                     that
                     Meeting
                     expressly
                     speak
                     of
                     Money
                     to
                     be
                     sent
                     to
                     Argile
                     for
                     bringing
                     home
                     Arms
                     for
                     invading
                     the
                     Kingdom
                     of
                     Scotland
                     ;
                     And
                     that
                     at
                     another
                     occasion
                     he
                     heard
                     some
                     of
                     them
                     say
                     ,
                     that
                     there
                     would
                     be
                     twenty
                     Thousand
                     Men
                     in
                     Scotland
                     who
                     would
                     assist
                     the
                     Rebellion
                     ,
                     and
                     that
                     he
                     heard
                     Sir
                     
                       John
                       Cochran
                    
                     and
                     Jerviswood
                     speaking
                     of
                     it
                     ,
                     but
                     cannot
                     be
                     positive
                     which
                     of
                     the
                     two
                     said
                     it
                     .
                     Depons
                     ,
                     that
                     at
                     that
                     Meeting
                     he
                     heard
                     Jerviswood
                     speak
                     ,
                     but
                     did
                     not
                     hear
                     him
                     oppose
                     that
                     ●reasonable
                     Proposal
                     ▪
                     or
                     contradict
                     the
                     Overture
                     proposed
                     by
                     Sir
                     
                       John
                       Cochran
                    
                     .
                     Depons
                     ,
                     that
                     Mr.
                     
                       Robert
                       Martin
                    
                     was
                     sent
                     down
                     from
                     that
                     Meeting
                     which
                     was
                     at
                     Jerviswoods
                     Chamber
                     ,
                     to
                     Scotland
                     ,
                     to
                     try
                     what
                     the
                     People
                     of
                     Scotland
                     would
                     do
                     for
                     their
                     own
                     safety
                     :
                     And
                     that
                     it
                     was
                     understood
                     that
                     the
                     people
                     of
                     Scotland
                     should
                     not
                     rise
                     till
                     there
                     should
                     be
                     a
                     rising
                     in
                     England
                     ,
                     and
                     that
                     the
                     Commission
                     was
                     granted
                     to
                     Mr.
                     
                       Robert
                       Martin
                    
                     by
                     all
                     the
                     persons
                     present
                     ,
                     whereof
                     Jerviswood
                     was
                     one
                     ,
                     and
                     that
                     there
                     were
                     present
                     the
                     Lord
                     Melvill
                     ,
                     Sir
                     
                       John
                       Cochran
                       ,
                       Cessnocks
                    
                     elder
                     and
                     younger
                     ,
                     Mr.
                     
                       William
                       Carstares
                    
                     ,
                     Mr.
                     
                       William
                       Veitch
                       ,
                       Jerviswood
                    
                     ,
                     and
                     the
                     Deponent
                     ;
                     and
                     depons
                     they
                     did
                     contribute
                     Money
                     for
                     Mr.
                     Martins
                     Journey
                     :
                     Depons
                     ,
                     that
                     at
                     his
                     return
                     he
                     meeting
                     with
                     the
                     Deponent
                     ,
                     told
                     him
                     ,
                     that
                     Matters
                     were
                     in
                     that
                     condition
                     in
                     Scotland
                     ,
                     and
                     that
                     the
                     Countrey
                     was
                     in
                     such
                     a
                     condition
                     as
                     little
                     would
                     kindle
                     the
                     Fire
                     in
                     order
                     to
                     the
                     Rebellion
                     .
                     And
                     this
                     is
                     the
                     truth
                     ,
                     as
                     he
                     shall
                     answer
                     to
                     God.
                     
                       Sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       
                         Alexander
                         Monro
                         ,
                         Linlithgow
                      
                       ,
                       I.
                       P.
                       D.
                       
                    
                  
                
              
            
          
           
             
               JAmes
               Murray
            
             of
             Philiphaugh
             ,
             aged
             30.
             
             Years
             ,
             married
             ,
             purged
             and
             sworn
             ,
             produces
             four
             Leaves
             of
             Depositions
             ,
             emitted
             by
             him
             before
             the
             Lords
             of
             the
             Secret
             Commitie
             ,
             and
             all
             Written
             and
             Subscribed
             with
             his
             own
             hand
             ,
             which
             being
             publickly
             read
             ,
             in
             presence
             of
             the
             Justices
             ,
             and
             Assize
             ,
             he
             adheres
             thereto
             ,
             in
             all
             points
             ,
             whereof
             the
             Tenot
             follows
             .
          
           
             
               
                 
                   
                     Upon
                     the
                     day
                     of
                     May
                     ,
                     1683.
                     
                     Upon
                     a
                     letter
                     from
                     Mr.
                     Pringle
                     of
                     Torwoodlie
                     ,
                     I
                     came
                     to
                     his
                     house
                     in
                     the
                     morning
                     ,
                     and
                     he
                     presently
                     led
                     me
                     to
                     a
                     Chamber
                     ,
                     where
                     I
                     found
                     Mr.
                     
                       Robert
                       Martin
                    
                     ,
                     who
                     was
                     lately
                     come
                     from
                     London
                     ,
                     with
                     whom
                     we
                     stayed
                     a
                     little
                     ,
                     and
                     discoursed
                     of
                     the
                     news
                     ▪
                     and
                     about
                     the
                     present
                     condition
                     ,
                     and
                     temper
                     of
                     England
                     ,
                     and
                     in
                     particular
                     of
                     London
                     ,
                     which
                     Mr.
                     Martin
                     said
                     ,
                     was
                     much
                     irritated
                     through
                     some
                     attempts
                     upon
                     their
                     Priviledges
                     ,
                     either
                     as
                     to
                     the
                     concern
                     of
                     the
                     Sheriffs
                     ,
                     or
                     their
                     Charter
                     ,
                     but
                     that
                     all
                     honest
                     men
                     were
                     of
                     good
                     heart
                     ▪
                     and
                     very
                     brisk
                     ,
                     and
                     after
                     some
                     general
                     discourses
                     to
                     this
                     purpose
                     ,
                     Torwoodlie
                     ,
                     and
                     I
                     left
                     him
                     ,
                     and
                     walked
                     out
                     a
                     little
                     ,
                     and
                     he
                     told
                     me
                     ,
                     he
                     was
                     expecting
                     the
                     E.
                     of
                     Tarras
                     presently
                     ,
                     for
                     he
                     had
                     sent
                     to
                     him
                     ;
                     and
                     Mr.
                     Martin
                     had
                     a
                     Letter
                     to
                     him
                     from
                     Jerviswood
                     ,
                     then
                     he
                     told
                     me
                     that
                     there
                     were
                     great
                     matters
                     in
                     agitation
                     at
                     London
                     ,
                     and
                     that
                     Mr.
                     Martin
                     had
                     come
                     down
                     with
                     a
                     Commission
                     from
                     our
                     friends
                     there
                     ,
                     (
                     I
                     do
                     not
                     
                     remember
                     he
                     named
                     any
                     )
                     but
                     that
                     I
                     behoved
                     not
                     to
                     expect
                     ,
                     he
                     would
                     impart
                     his
                     Instructions
                     to
                     me
                     ,
                     for
                     he
                     was
                     to
                     communicat
                     them
                     only
                     to
                     Polwart
                     and
                     himself
                     ,
                     (
                     at
                     least
                     for
                     these
                     Shyres
                     )
                     and
                     they
                     were
                     to
                     pitch
                     on
                     such
                     as
                     they
                     thought
                     fit
                     to
                     intrust
                     with
                     the
                     affair
                     ,
                     whereupon
                     he
                     assured
                     me
                     ,
                     that
                     he
                     had
                     great
                     confidence
                     in
                     me
                     ,
                     and
                     his
                     kindness
                     to
                     me
                     oblidged
                     him
                     to
                     send
                     for
                     me
                     ,
                     to
                     acquaint
                     me
                     ,
                     that
                     matters
                     were
                     now
                     come
                     to
                     a
                     crisis
                     ,
                     and
                     that
                     he
                     had
                     reason
                     to
                     think
                     England
                     would
                     shortly
                     draw
                     to
                     Arms
                     ,
                     and
                     stand
                     by
                     them
                     ,
                     till
                     they
                     were
                     satisfied
                     anent
                     the
                     Bill
                     of
                     Exclusion
                     ,
                     and
                     what
                     other
                     security
                     they
                     could
                     propose
                     for
                     the
                     protestant
                     Religion
                     ,
                     and
                     their
                     Liberties
                     ,
                     and
                     that
                     it
                     was
                     no
                     project
                     of
                     any
                     inconsiderable
                     party
                     but
                     a
                     design
                     through
                     the
                     Kingdom
                     ,
                     and
                     that
                     many
                     of
                     the
                     finest
                     men
                     ,
                     and
                     of
                     the
                     greatest
                     interest
                     and
                     credit
                     there
                     ,
                     had
                     adjusted
                     almost
                     every
                     thing
                     necessar
                     for
                     the
                     purpose
                     ,
                     and
                     had
                     concerted
                     matters
                     with
                     our
                     Friends
                     there
                     ,
                     in
                     order
                     to
                     concurrence
                     from
                     this
                     ,
                     and
                     had
                     agreed
                     to
                     advance
                     Money
                     for
                     furnishing
                     Armes
                     here
                     ,
                     (
                     I
                     do
                     not
                     remember
                     he
                     told
                     me
                     more
                     particulars
                     at
                     this
                     time
                     )
                     but
                     said
                     ,
                     Polwart
                     would
                     be
                     at
                     Gallow-shiels
                     that
                     night
                     ,
                     and
                     it
                     would
                     be
                     necessar
                     that
                     the
                     E.
                     of
                     Tarras
                     and
                     I
                     should
                     confer
                     with
                     him
                     fully
                     ,
                     on
                     the
                     business
                     ,
                     about
                     this
                     time
                     the
                     E.
                     of
                     Tarras
                     lighted
                     ,
                     and
                     Torwoodlie
                     having
                     left
                     us
                     for
                     a
                     little
                     time
                     ,
                     being
                     gone
                     to
                     bring
                     Mr.
                     Martin
                     ,
                     the
                     E.
                     of
                     Tarras
                     asked
                     me
                     ,
                     what
                     news
                     ,
                     I
                     told
                     him
                     of
                     Mr.
                     Martins
                     being
                     there
                     ,
                     but
                     that
                     he
                     had
                     given
                     me
                     no
                     account
                     of
                     the
                     design
                     of
                     his
                     down-coming
                     ,
                     which
                     perhaps
                     he
                     would
                     acquaint
                     him
                     with
                     ,
                     but
                     by
                     what
                     I
                     had
                     heard
                     from
                     Torwoodlie
                     ,
                     I
                     understood
                     it
                     to
                     be
                     ,
                     to
                     engadge
                     us
                     to
                     rise
                     in
                     Arms
                     shortly
                     ,
                     whereat
                     the
                     E.
                     of
                     Tarras
                     hummed
                     ,
                     and
                     said
                     ,
                     he
                     would
                     look
                     ere
                     he
                     leapt
                     ,
                     such
                     a
                     leap
                     ,
                     or
                     some
                     such
                     expressions
                     ,
                     presently
                     Mr.
                     Martin
                     came
                     ,
                     and
                     the
                     E.
                     of
                     Tarras
                     and
                     he
                     retired
                     a
                     little
                     ,
                     after
                     the
                     reading
                     An
                     Letter
                     ,
                     he
                     gave
                     him
                     ,
                     the
                     Contents
                     whereof
                     was
                     (
                     as
                     the
                     E.
                     of
                     Tarras
                     informed
                     me
                     )
                     only
                     an
                     order
                     from
                     Jerviswood
                     ,
                     to
                     deliver
                     some
                     Money
                     to
                     the
                     bearer
                     ,
                     which
                     he
                     had
                     left
                     with
                     him
                     ,
                     and
                     the
                     E.
                     of
                     Tarras
                     called
                     for
                     his
                     Servant
                     ,
                     and
                     bad
                     him
                     bring
                     up
                     the
                     Money
                     ;
                     in
                     the
                     mean
                     time
                     ,
                     Torwoodlie
                     asked
                     me
                     ,
                     if
                     I
                     had
                     acquainted
                     the
                     E.
                     of
                     Tarras
                     with
                     what
                     he
                     spoke
                     to
                     me
                     ,
                     and
                     I
                     told
                     him
                     ,
                     I
                     had
                     let
                     something
                     of
                     it
                     fall
                     to
                     him
                     ,
                     but
                     it
                     was
                     not
                     to
                     be
                     thought
                     ,
                     that
                     persons
                     of
                     sense
                     &
                     quality
                     would
                     engadge
                     in
                     such
                     designs
                     at
                     random
                     ;
                     so
                     Torwoodlie
                     said
                     ,
                     that
                     (
                     though
                     Mr.
                     Martin
                     would
                     not
                     commune
                     with
                     us
                     upon
                     his
                     Commission
                     directly
                     )
                     yet
                     he
                     thought
                     it
                     would
                     be
                     fit
                     ,
                     we
                     conferred
                     ,
                     and
                     without
                     taking
                     notice
                     of
                     his
                     Commission
                     ,
                     discoursed
                     of
                     things
                     upon
                     suppositions
                     ,
                     and
                     as
                     our
                     own
                     privat
                     notions
                     ,
                     abstract
                     from
                     any
                     prospect
                     of
                     a
                     present
                     design
                     ,
                     so
                     after
                     dinner
                     ,
                     we
                     four
                     went
                     to
                     a
                     Chamber
                     ,
                     and
                     after
                     some
                     general
                     discourses
                     ,
                     of
                     the
                     discontents
                     of
                     both
                     Kingdoms
                     ,
                     these
                     suppositions
                     following
                     were
                     discoursed
                     (
                     and
                     as
                     I
                     remember
                     )
                     Mr.
                     Martin
                     started
                     them
                     all
                     ,
                     or
                     the
                     most
                     part
                     )
                     viz.
                     What
                     if
                     the
                     countrey
                     party
                     in
                     England
                     should
                     have
                     thoughts
                     of
                     going
                     to
                     Arms
                     (
                     whereof
                     he
                     knew
                     nothing
                     but
                     only
                     supposed
                     such
                     a
                     thing
                     ,
                     for
                     discoursing
                     a
                     little
                     freely
                     ,
                     and
                     to
                     know
                     our
                     sentiments
                     ,
                     what
                     we
                     thought
                     could
                     be
                     expected
                     here
                     in
                     such
                     a
                     case
                     )
                     would
                     it
                     not
                     be
                     expedient
                     to
                     have
                     a
                     settled
                     Correspondence
                     betwixt
                     that
                     Party
                     there
                     and
                     here
                     ,
                     and
                     might
                     not
                     matters
                     be
                     so
                     adjusted
                     ,
                     that
                     both
                     Kingdoms
                     should
                     draw
                     out
                     in
                     one
                     
                     day
                     ,
                     and
                     might
                     not
                     as
                     many
                     be
                     expected
                     to
                     undertake
                     in
                     these
                     Shires
                     ,
                     and
                     about
                     Edinburgh
                     ,
                     as
                     would
                     serve
                     to
                     surprize
                     ,
                     and
                     seize
                     our
                     Rulers
                     (
                     I
                     do
                     not
                     remember
                     any
                     named
                     ,
                     but
                     the
                     then
                     Chancellour
                     and
                     Thesaurer
                     )
                     and
                     some
                     to
                     joyn
                     with
                     these
                     on
                     the
                     English
                     borders
                     ,
                     to
                     assist
                     them
                     to
                     surprize
                     Berwick
                     ;
                     and
                     if
                     for
                     that
                     effect
                     ,
                     any
                     Horse
                     ,
                     or
                     Dragoons
                     ,
                     that
                     should
                     be
                     in
                     the
                     bounds
                     might
                     not
                     be
                     surprized
                     ,
                     that
                     their
                     Horse
                     and
                     Arms
                     might
                     be
                     gotten
                     to
                     furnish
                     the
                     Countrey
                     people
                     ,
                     and
                     Stirling
                     Castle
                     ;
                     and
                     if
                     Argile
                     should
                     at
                     the
                     same
                     time
                     Land
                     in
                     the
                     West
                     ,
                     and
                     raise
                     that
                     Countrey
                     ,
                     would
                     not
                     these
                     Measures
                     contribute
                     much
                     to
                     the
                     advancement
                     and
                     security
                     of
                     the
                     Interest
                     of
                     that
                     Party
                     here
                     ,
                     since
                     thereby
                     the
                     Government
                     would
                     be
                     disordered
                     ,
                     and
                     such
                     steps
                     would
                     encourage
                     all
                     that
                     had
                     an
                     inclination
                     to
                     the
                     Countrey
                     Party
                     ,
                     to
                     draw
                     to
                     them
                     frankly
                     ,
                     and
                     scar
                     many
                     of
                     the
                     other
                     side
                     to
                     act
                     against
                     them
                     ,
                     and
                     so
                     they
                     might
                     have
                     leasure
                     to
                     joyn
                     from
                     all
                     places
                     ;
                     and
                     might
                     it
                     not
                     be
                     expected
                     ,
                     there
                     would
                     be
                     as
                     many
                     in
                     this
                     Kingdom
                     ,
                     as
                     would
                     be
                     able
                     to
                     deal
                     with
                     the
                     Forces
                     here
                     ,
                     at
                     least
                     divert
                     them
                     from
                     troubling
                     England
                     .
                     This
                     is
                     the
                     sum
                     ,
                     as
                     I
                     remember
                     ,
                     of
                     what
                     was
                     proposed
                     ,
                     and
                     discourst
                     of
                     ,
                     though
                     I
                     cannot
                     distinctly
                     say
                     ,
                     it
                     was
                     in
                     this
                     method
                     ,
                     and
                     expression
                     ,
                     nor
                     was
                     all
                     moved
                     at
                     once
                     ,
                     but
                     droped
                     now
                     and
                     then
                     ,
                     as
                     the
                     Discourse
                     seem'd
                     to
                     give
                     rise
                     to
                     it
                     ;
                     and
                     though
                     I
                     cannot
                     fully
                     Re-count
                     all
                     that
                     was
                     spoke
                     on
                     these
                     Heads
                     ,
                     and
                     tell
                     distinctly
                     ,
                     what
                     this
                     and
                     that
                     man
                     said
                     ;
                     yet
                     I
                     remember
                     these
                     following
                     Answers
                     were
                     giving
                     ,
                     and
                     (
                     as
                     I
                     judged
                     )
                     acquiesced
                     to
                     by
                     the
                     whole
                     Company
                     ;
                     and
                     they
                     were
                     certainly
                     the
                     E.
                     of
                     Tarras
                     ,
                     his
                     sentiments
                     and
                     mine
                     ,
                     and
                     every
                     one
                     that
                     spoke
                     ,
                     used
                     this
                     or
                     some
                     such
                     Precaution
                     ,
                     that
                     if
                     they
                     were
                     concerned
                     ,
                     or
                     to
                     give
                     counsel
                     in
                     any
                     such
                     case
                     ,
                     as
                     they
                     were
                     not
                     ,
                     &c.
                     )
                     1.
                     
                     As
                     to
                     the
                     settling
                     a
                     Correspondence
                     ,
                     it
                     was
                     confest
                     to
                     be
                     very
                     convenient
                     for
                     those
                     of
                     a
                     common
                     Interest
                     ;
                     but
                     the
                     present
                     circumstances
                     of
                     Affairs
                     were
                     such
                     (
                     as
                     was
                     thought
                     ,
                     )
                     that
                     none
                     could
                     be
                     found
                     here
                     who
                     was
                     sit
                     to
                     mannage
                     it
                     ,
                     and
                     would
                     undertake
                     it
                     .
                     2.
                     
                     As
                     to
                     the
                     trysting
                     at
                     the
                     same
                     time
                     ,
                     it
                     could
                     not
                     be
                     done
                     without
                     the
                     devulging
                     the
                     Design
                     to
                     all
                     Ranks
                     of
                     people
                     ,
                     which
                     none
                     would
                     undertake
                     ,
                     except
                     these
                     already
                     in
                     desperat
                     Circumstances
                     ,
                     and
                     they
                     could
                     not
                     have
                     generally
                     much
                     influence
                     .
                     3.
                     
                     The
                     thing
                     was
                     not
                     at
                     all
                     adviseable
                     for
                     this
                     Kingdom
                     ,
                     since
                     if
                     any
                     of
                     Englands
                     own
                     measures
                     miscarried
                     ,
                     they
                     would
                     not
                     stur
                     for
                     any
                     such
                     Trust
                     ;
                     and
                     the
                     spring
                     of
                     their
                     motions
                     being
                     always
                     at
                     London
                     ,
                     there
                     might
                     happen
                     an
                     interruption
                     near
                     the
                     appointment
                     ,
                     whereof
                     these
                     here
                     could
                     have
                     no
                     timous
                     notice
                     ,
                     and
                     so
                     might
                     keep
                     Tryst
                     ,
                     whereby
                     they
                     would
                     be
                     exposed
                     a
                     prey
                     ;
                     and
                     if
                     they
                     should
                     subsist
                     any
                     time
                     ,
                     or
                     prevail
                     (
                     which
                     was
                     hardly
                     possible
                     )
                     the
                     multitude
                     that
                     must
                     be
                     imployed
                     ,
                     are
                     tainted
                     with
                     such
                     wild
                     and
                     unruly
                     Principles
                     ,
                     that
                     if
                     once
                     they
                     got
                     the
                     Sword
                     in
                     their
                     Hands
                     ,
                     they
                     would
                     never
                     be
                     brought
                     to
                     Order
                     without
                     a
                     greater
                     force
                     to
                     over-awe
                     them
                     ;
                     neither
                     would
                     any
                     expectation
                     of
                     Argiles
                     Landing
                     ,
                     be
                     a
                     just
                     ground
                     for
                     such
                     a
                     Tryst
                     ,
                     considering
                     the
                     uncertainty
                     of
                     Sea-Voyages
                     ;
                     and
                     if
                     Argile
                     were
                     to
                     be
                     the
                     Head
                     ,
                     undoubtedly
                     many
                     people
                     would
                     conclude
                     that
                     he
                     were
                     to
                     be
                     suspected
                     of
                     private
                     designs
                     ,
                     and
                     that
                     restoring
                     him
                     ,
                     might
                     
                     lay
                     him
                     aside
                     :
                     As
                     also
                     ,
                     that
                     dispair
                     might
                     blind
                     his
                     usual
                     prudence
                     ,
                     and
                     prompt
                     him
                     to
                     unsolid
                     ,
                     and
                     undigested
                     Methods
                     ;
                     and
                     so
                     it
                     was
                     to
                     be
                     expected
                     ,
                     that
                     few
                     of
                     the
                     Gentry
                     (
                     except
                     such
                     as
                     he
                     had
                     special
                     influence
                     on
                     ,
                     or
                     such
                     as
                     were
                     under
                     hard
                     Circumstances
                     )
                     could
                     embarque
                     with
                     him
                     .
                     4.
                     
                     As
                     to
                     the
                     surprising
                     Rulers
                     ,
                     &c.
                     
                     It
                     was
                     inveigh'd
                     against
                     ,
                     as
                     an
                     Action
                     not
                     to
                     be
                     thought
                     of
                     amongst
                     Protestants
                     (
                     especially
                     when
                     the
                     very
                     design
                     of
                     it
                     was
                     pretended
                     ,
                     to
                     secure
                     that
                     Religion
                     ,
                     which
                     taught
                     its
                     Professors
                     to
                     abhor
                     and
                     detest
                     such
                     Principles
                     as
                     Popish
                     ,
                     yea
                     un-christian
                     )
                     since
                     it
                     could
                     not
                     be
                     effectuat
                     without
                     Blood-shed
                     of
                     people
                     ,
                     secure
                     in
                     Peace
                     ,
                     which
                     being
                     by
                     all
                     approven
                     ,
                     Divines
                     and
                     Casuists
                     condemned
                     as
                     unlawful
                     ,
                     and
                     meer
                     Assassination
                     ;
                     it
                     was
                     not
                     to
                     be
                     doubted
                     ,
                     that
                     as
                     such
                     a
                     practice
                     would
                     cast
                     a
                     blot
                     upon
                     the
                     whole
                     Affair
                     ,
                     and
                     quite
                     take
                     off
                     any
                     pretence
                     of
                     Defensive
                     Arms
                     ,
                     so
                     it
                     would
                     scar
                     many
                     from
                     joyning
                     .
                     These
                     things
                     were
                     reasoned
                     again
                     and
                     again
                     :
                     But
                     I
                     do
                     not
                     remember
                     there
                     was
                     any
                     formal
                     Conclusion
                     made
                     ,
                     but
                     the
                     Discourse
                     was
                     let
                     fall
                     ;
                     and
                     Mr.
                     Martin
                     told
                     us
                     ,
                     if
                     any
                     of
                     us
                     had
                     a
                     mind
                     for
                     a
                     suit
                     of
                     Armour
                     ,
                     he
                     could
                     provide
                     as
                     many
                     as
                     we
                     pleased
                     ,
                     from
                     one
                     who
                     had
                     made
                     a
                     great
                     many
                     lately
                     ,
                     to
                     honest
                     men
                     at
                     London
                     ,
                     of
                     a
                     new
                     fashion
                     ,
                     very
                     light
                     ,
                     and
                     at
                     an
                     easie
                     Rate
                     ;
                     so
                     Torwoodlie
                     and
                     I
                     gave
                     him
                     our
                     measures
                     ,
                     E.
                     of
                     Tarras
                     told
                     he
                     had
                     a
                     suit
                     already
                     ;
                     Then
                     Torwoodlie
                     said
                     to
                     the
                     E.
                     of
                     Tarras
                     and
                     me
                     ,
                     we
                     would
                     meet
                     Polwort
                     at
                     Gallowsheils
                     ,
                     and
                     desired
                     we
                     might
                     Commun
                     with
                     him
                     ,
                     anent
                     what
                     we
                     had
                     been
                     Discoursing
                     ,
                     so
                     we
                     hasted
                     away
                     ,
                     that
                     if
                     possible
                     ,
                     we
                     might
                     both
                     get
                     home
                     that
                     Night
                     ,
                     it
                     being
                     Saturnday
                     ,
                     and
                     we
                     unfurnished
                     ,
                     for
                     staying
                     abroad
                     ,
                     and
                     Torwoodlie
                     whispered
                     me
                     just
                     as
                     I
                     was
                     mounting
                     (
                     as
                     I
                     think
                     )
                     that
                     he
                     was
                     not
                     clear
                     we
                     should
                     commun
                     before
                     Gallowshiels
                     ,
                     for
                     he
                     was
                     sometimes
                     too
                     much
                     Good-fellow
                     ,
                     or
                     the
                     like
                     ;
                     so
                     the
                     E.
                     of
                     Tarras
                     and
                     I
                     Rod
                     away
                     together
                     ,
                     and
                     upon
                     the
                     way
                     we
                     were
                     both
                     of
                     Opinion
                     ,
                     that
                     the
                     Suppositions
                     we
                     had
                     discoursed
                     of
                     ,
                     were
                     in
                     effect
                     Propositions
                     ,
                     and
                     resolv'd
                     ,
                     if
                     they
                     were
                     insisted
                     on
                     by
                     Polwort
                     ,
                     as
                     we
                     suspected
                     ,
                     we
                     would
                     adhere
                     to
                     the
                     former
                     Answer
                     ,
                     and
                     would
                     undertake
                     nothing
                     in
                     these
                     methods
                     ;
                     When
                     we
                     came
                     to
                     Gallowsheils
                     ,
                     the
                     Laird
                     was
                     abroad
                     ,
                     and
                     Polwort
                     was
                     not
                     come
                     ,
                     so
                     we
                     had
                     thoughts
                     to
                     go
                     away
                     ,
                     being
                     both
                     damped
                     with
                     what
                     had
                     passed
                     ,
                     and
                     inclining
                     to
                     be
                     free
                     of
                     farder
                     medling
                     ;
                     but
                     the
                     Lady
                     would
                     by
                     no
                     means
                     hear
                     of
                     our
                     going
                     till
                     her
                     Husband
                     came
                     ;
                     who
                     ,
                     she
                     assured
                     us
                     ,
                     was
                     about
                     the
                     Doors
                     ,
                     and
                     she
                     having
                     sent
                     to
                     call
                     him
                     ,
                     he
                     would
                     be
                     in
                     presently
                     ;
                     yet
                     it
                     was
                     so
                     late
                     ere
                     he
                     came
                     ,
                     that
                     the
                     E.
                     of
                     Tarras
                     could
                     hardly
                     have
                     day
                     enough
                     to
                     go
                     home
                     with
                     ;
                     so
                     Gallowsheils
                     would
                     not
                     let
                     him
                     go
                     ,
                     and
                     he
                     would
                     not
                     stay
                     ,
                     unless
                     I
                     stay'd
                     ,
                     so
                     we
                     both
                     stayed
                     ;
                     and
                     not
                     being
                     resolv'd
                     to
                     Discourse
                     with
                     Gallowsheils
                     on
                     what
                     passed
                     ,
                     we
                     went
                     to
                     the
                     Tavern
                     ,
                     on
                     pretence
                     I
                     might
                     call
                     the
                     Baillie
                     ,
                     and
                     seek
                     Horses
                     for
                     Lime
                     ,
                     and
                     stay'd
                     there
                     till
                     Polwort
                     came
                     (
                     which
                     seemed
                     unknown
                     to
                     Gallowsheils
                     )
                     then
                     we
                     returned
                     to
                     Gallowsheils
                     House
                     ,
                     and
                     after
                     Supper
                     Polwort
                     whispered
                     the
                     E.
                     of
                     Tarras
                     and
                     me
                     ,
                     and
                     enquired
                     if
                     we
                     had
                     seen
                     Mr.
                     Martin
                     ;
                     and
                     we
                     having
                     told
                     him
                     we
                     had
                     ,
                     he
                     enquired
                     ,
                     if
                     we
                     were
                     free
                     to
                     commun
                     
                     on
                     the
                     Affair
                     before
                     Gallowsheils
                     ,
                     we
                     told
                     ,
                     as
                     he
                     thought
                     fit
                     ,
                     for
                     we
                     could
                     trust
                     him
                     ;
                     Then
                     he
                     whispered
                     Gallowsheils
                     ,
                     and
                     (
                     as
                     I
                     understood
                     afterwards
                     )
                     asked
                     if
                     he
                     was
                     free
                     to
                     commune
                     on
                     matters
                     of
                     great
                     Secrecy
                     and
                     importance
                     with
                     that
                     Company
                     ,
                     to
                     which
                     he
                     assented
                     ,
                     then
                     we
                     sat
                     down
                     closs
                     together
                     ,
                     and
                     as
                     I
                     remember
                     ,
                     Polwort
                     began
                     the
                     Discourse
                     ;
                     But
                     since
                     I
                     am
                     not
                     able
                     to
                     follow
                     exactly
                     the
                     method
                     of
                     our
                     Conference
                     ,
                     or
                     keep
                     the
                     very
                     expressions
                     used
                     ,
                     or
                     repeat
                     all
                     that
                     was
                     spoke
                     ,
                     or
                     to
                     tell
                     distinctly
                     what
                     was
                     every
                     mans
                     part
                     of
                     the
                     Discourse
                     ;
                     I
                     shall
                     set
                     down
                     the
                     Heads
                     ,
                     and
                     most
                     remarkable
                     Passages
                     thereof
                     ,
                     that
                     I
                     remember
                     in
                     some
                     Articles
                     following
                     ;
                     1.
                     
                     Polwort
                     signified
                     that
                     he
                     was
                     credibly
                     informed
                     (
                     but
                     I
                     do
                     not
                     remember
                     he
                     named
                     his
                     Informer
                     )
                     that
                     the
                     Countrey
                     party
                     in
                     England
                     would
                     draw
                     to
                     the
                     Fields
                     shortly
                     ,
                     as
                     he
                     heard
                     before
                     Lambass
                     ,
                     wherewith
                     Gallowsheils
                     seem'd
                     visibly
                     surprized
                     ;
                     and
                     being
                     asked
                     ,
                     if
                     his
                     Heart
                     fail'd
                     him
                     already
                     ,
                     he
                     said
                     he
                     did
                     love
                     it
                     better
                     truly
                     to
                     be
                     walking
                     in
                     his
                     own
                     Parks
                     in
                     Peace
                     ,
                     and
                     quiet
                     ,
                     than
                     to
                     be
                     medling
                     in
                     such
                     matters
                     ;
                     however
                     he
                     assured
                     the
                     Company
                     ,
                     that
                     if
                     there
                     came
                     any
                     troublesome
                     world
                     ,
                     he
                     would
                     joyn
                     with
                     them
                     firmly
                     ;
                     and
                     the
                     F.
                     of
                     Tarras
                     said
                     ,
                     he
                     wondred
                     to
                     hear
                     of
                     any
                     such
                     Resolution
                     in
                     England
                     ,
                     for
                     he
                     took
                     it
                     for
                     a
                     Principle
                     amongst
                     that
                     Party
                     there
                     ,
                     that
                     they
                     should
                     make
                     no
                     stir
                     in
                     the
                     Kings
                     Life
                     (
                     which
                     the
                     whole
                     Company
                     owned
                     to
                     be
                     their
                     Opinion
                     and
                     desire
                     )
                     because
                     that
                     might
                     strengthen
                     the
                     Dukes
                     interest
                     ;
                     and
                     he
                     suspected
                     it
                     was
                     the
                     project
                     of
                     the
                     Common-wealths
                     men
                     ,
                     with
                     whom
                     he
                     believed
                     ,
                     few
                     Scots
                     Gentlemen
                     would
                     joyn
                     ;
                     and
                     he
                     was
                     almost
                     perswaded
                     the
                     D.
                     of
                     Monmouth
                     would
                     not
                     concur
                     in
                     any
                     rising
                     during
                     the
                     Kings
                     Life
                     ,
                     To
                     which
                     it
                     was
                     answered
                     by
                     Polwort
                     ,
                     that
                     he
                     had
                     indeed
                     heard
                     that
                     principle
                     had
                     been
                     generally
                     agreed
                     to
                     ,
                     but
                     it
                     seem'd
                     they
                     found
                     ,
                     they
                     behoved
                     either
                     to
                     do
                     their
                     business
                     now
                     ,
                     or
                     lay
                     aside
                     hopes
                     of
                     doing
                     it
                     hereafter
                     ,
                     which
                     might
                     be
                     ,
                     that
                     if
                     the
                     Charter
                     of
                     London
                     were
                     let
                     fall
                     ,
                     they
                     would
                     not
                     only
                     lose
                     all
                     safe
                     opportunity
                     of
                     digesting
                     Matters
                     ;
                     but
                     a
                     great
                     part
                     of
                     their
                     strength
                     ,
                     and
                     he
                     heard
                     all
                     things
                     were
                     concerted
                     mutually
                     ,
                     betwixt
                     Monmouths
                     Friends
                     and
                     the
                     Heads
                     of
                     the
                     Commonwealth
                     Party
                     ;
                     and
                     tho
                     he
                     heard
                     Monmouth
                     was
                     shy
                     on
                     that
                     account
                     ,
                     yet
                     it
                     was
                     hop'd
                     he
                     would
                     engage
                     ,
                     for
                     otherways
                     he
                     would
                     be
                     deserted
                     by
                     that
                     Party
                     .
                     2.
                     
                     Polwart
                     told
                     us
                     the
                     suppositions
                     above-written
                     as
                     overtures
                     concerted
                     betwixt
                     our
                     friends
                     at
                     London
                     ,
                     and
                     the
                     principal
                     men
                     of
                     that
                     Party
                     there
                     ;
                     so
                     the
                     E.
                     of
                     Tarras
                     and
                     I
                     renewed
                     our
                     former
                     answers
                     also
                     above-written
                     ,
                     and
                     maintained
                     them
                     with
                     all
                     our
                     vigour
                     ,
                     wherein
                     Gallowshiels
                     joyned
                     forwardly
                     with
                     us
                     ;
                     and
                     Polwart
                     asserted
                     ,
                     we
                     went
                     on
                     very
                     good
                     grounds
                     ,
                     and
                     he
                     was
                     fully
                     of
                     our
                     opinion
                     ,
                     if
                     things
                     were
                     entire
                     ,
                     but
                     referr'd
                     it
                     to
                     be
                     considered
                     ,
                     whether
                     it
                     were
                     better
                     to
                     comply
                     with
                     some
                     of
                     these
                     methods
                     ,
                     tho
                     not
                     so
                     proper
                     and
                     justifiable
                     as
                     were
                     to
                     be
                     wish'd
                     ,
                     then
                     to
                     disappoint
                     the
                     business
                     totally
                     ,
                     which
                     might
                     be
                     of
                     the
                     best
                     consequence
                     to
                     all
                     the
                     Party
                     ,
                     yet
                     we
                     did
                     not
                     condescend
                     as
                     I
                     remember
                     to
                     undertake
                     any
                     of
                     these
                     methods
                     .
                     And
                     there
                     was
                     a
                     further
                     argument
                     adduced
                     against
                     the
                     trysting
                     above-written
                     ,
                     viz.
                     That
                     is
                     was
                     talked
                     there
                     was
                     a
                     day
                     appointed
                     in
                     England
                     lately
                     in
                     
                     
                     Shaftsherry's
                     time
                     ,
                     which
                     did
                     not
                     hold
                     ,
                     so
                     they
                     were
                     not
                     to
                     be
                     relyed
                     upon
                     .
                     3.
                     
                     It
                     was
                     proposed
                     to
                     be
                     considered
                     what
                     methods
                     were
                     most
                     proper
                     in
                     the
                     Companies
                     opinion
                     for
                     Scotland
                     to
                     follow
                     in
                     case
                     of
                     Englands
                     rising
                     ,
                     whereanent
                     it
                     was
                     said
                     ,
                     that
                     all
                     that
                     could
                     be
                     expected
                     or
                     desired
                     from
                     Scotland
                     ,
                     was
                     ,
                     that
                     upon
                     the
                     certain
                     News
                     of
                     Englands
                     being
                     in
                     the
                     Fields
                     ,
                     those
                     in
                     the
                     Southern
                     Shires
                     who
                     would
                     own
                     that
                     Party
                     ,
                     should
                     presently
                     rise
                     ,
                     and
                     (
                     how
                     soon
                     they
                     could
                     get
                     as
                     many
                     conveen'd
                     as
                     would
                     be
                     able
                     to
                     deal
                     with
                     stragling
                     Parties
                     ,
                     or
                     any
                     sudden
                     rising
                     in
                     the
                     Countrey
                     )
                     march
                     to
                     joyn
                     them
                     ,
                     and
                     that
                     it
                     would
                     be
                     fit
                     these
                     in
                     the
                     Northern
                     Shires
                     of
                     England
                     waited
                     near
                     the
                     Borders
                     for
                     such
                     ,
                     and
                     that
                     they
                     had
                     Officers
                     trysted
                     there
                     to
                     command
                     ,
                     and
                     that
                     then
                     it
                     would
                     be
                     seasonable
                     for
                     Argile
                     to
                     land
                     in
                     the
                     West
                     ,
                     and
                     these
                     Parties
                     on
                     the
                     Borders
                     might
                     divert
                     the
                     Forces
                     til
                     he
                     had
                     time
                     to
                     put
                     himself
                     in
                     a
                     posture
                     .
                     These
                     things
                     seem'd
                     to
                     be
                     the
                     sentiments
                     of
                     the
                     whole
                     Company
                     ,
                     but
                     were
                     not
                     finally
                     determined
                     till
                     the
                     opinion
                     of
                     others
                     who
                     were
                     to
                     be
                     communed
                     with
                     by
                     Polwart
                     were
                     knowen
                     :
                     And
                     it
                     was
                     represented
                     ,
                     there
                     behoved
                     not
                     to
                     be
                     any
                     wilful
                     and
                     obstinate
                     adhering
                     to
                     our
                     own
                     thoughts
                     of
                     things
                     ,
                     (
                     but
                     an
                     mutual
                     condescendance
                     to
                     others
                     concerned
                     ,
                     )
                     otherwise
                     it
                     were
                     not
                     possible
                     to
                     bring
                     a
                     publick
                     Design
                     to
                     any
                     good
                     issue
                     .
                     4.
                     
                     All
                     the
                     Company
                     seem'd
                     to
                     agree
                     ,
                     that
                     they
                     should
                     undertake
                     nothing
                     or
                     move
                     in
                     that
                     Affair
                     ,
                     till
                     they
                     had
                     a
                     full
                     and
                     certain
                     account
                     what
                     England
                     proposed
                     ,
                     what
                     methods
                     they
                     resolved
                     to
                     follow
                     there
                     ,
                     who
                     were
                     to
                     be
                     their
                     Heads
                     ,
                     and
                     that
                     if
                     they
                     design'd
                     any
                     attempt
                     on
                     the
                     Kings
                     Person
                     ,
                     or
                     overturning
                     Monarchy
                     ,
                     they
                     would
                     not
                     be
                     forward
                     or
                     clear
                     to
                     joyn
                     :
                     And
                     it
                     being
                     here
                     insinuated
                     ,
                     that
                     the
                     most
                     they
                     could
                     do
                     (
                     at
                     least
                     for
                     which
                     there
                     could
                     be
                     any
                     plausible
                     pretence
                     to
                     justifie
                     )
                     was
                     to
                     draw
                     together
                     ,
                     and
                     without
                     any
                     act
                     of
                     Hostility
                     ,
                     send
                     Addresses
                     to
                     His
                     Majesty
                     for
                     redress
                     of
                     the
                     present
                     abuses
                     of
                     the
                     Government
                     ,
                     and
                     for
                     obtaining
                     sufficient
                     security
                     against
                     the
                     hazard
                     they
                     apprehended
                     to
                     their
                     Religion
                     and
                     Liberties
                     .
                     It
                     was
                     said
                     by
                     Polwart
                     that
                     he
                     was
                     apt
                     to
                     think
                     ,
                     that
                     was
                     their
                     very
                     design
                     ,
                     for
                     he
                     had
                     heard
                     it
                     was
                     generally
                     believed
                     by
                     that
                     Party
                     in
                     England
                     ,
                     that
                     if
                     once
                     they
                     were
                     in
                     a
                     Body
                     ,
                     the
                     King
                     would
                     be
                     prevailed
                     with
                     to
                     quite
                     the
                     Duke
                     ,
                     to
                     be
                     tryed
                     for
                     Popery
                     ,
                     correspondence
                     with
                     France
                     ,
                     and
                     accession
                     to
                     the
                     Popish
                     Plot
                     ,
                     and
                     then
                     if
                     the
                     King
                     were
                     once
                     free
                     from
                     the
                     influence
                     of
                     the
                     Dukes
                     Counsels
                     ,
                     they
                     were
                     confident
                     he
                     might
                     be
                     moved
                     to
                     reform
                     their
                     Abuses
                     ,
                     and
                     secure
                     their
                     Religion
                     and
                     Liberties
                     for
                     the
                     future
                     to
                     their
                     contentment
                     .
                     5.
                     
                     It
                     was
                     resolved
                     ,
                     that
                     till
                     we
                     got
                     the
                     foresaid
                     account
                     from
                     England
                     ,
                     and
                     were
                     satisfied
                     thereanent
                     ,
                     and
                     knew
                     others
                     here
                     (
                     who
                     were
                     to
                     be
                     communed
                     with
                     )
                     their
                     Sentiments
                     of
                     what
                     methods
                     were
                     most
                     proper
                     for
                     us
                     ,
                     in
                     case
                     we
                     should
                     undertake
                     ,
                     we
                     should
                     not
                     meddle
                     further
                     ;
                     only
                     it
                     was
                     left
                     to
                     the
                     Earl
                     of
                     Tarras
                     and
                     me
                     ,
                     if
                     we
                     thought
                     fit
                     to
                     acquaint
                     Sir
                     
                       William
                       Scot
                    
                     younger
                     with
                     some
                     of
                     the
                     matter
                     of
                     this
                     Conference
                     overly
                     ,
                     without
                     taking
                     notice
                     of
                     our
                     Informers
                     ▪
                     or
                     such
                     an
                     Conference
                     ;
                     and
                     it
                     was
                     recommended
                     to
                     all
                     to
                     be
                     enquiring
                     (
                     at
                     such
                     as
                     they
                     had
                     some
                     trust
                     in
                     )
                     indirectly
                     about
                     the
                     affection
                     of
                     our
                     Neighbours
                     ,
                     and
                     what
                     Arms
                     there
                     was
                     amongst
                     them
                     ;
                     that
                     if
                     we
                     
                     should
                     get
                     an
                     satisfying
                     account
                     ,
                     and
                     resolve
                     to
                     joyn
                     ,
                     we
                     might
                     know
                     where
                     to
                     seek
                     Men
                     and
                     Arms
                     suddenly
                     ;
                     here
                     it
                     was
                     said
                     by
                     Polwart
                     ,
                     as
                     I
                     think
                     ,
                     that
                     if
                     the
                     E.
                     of
                     
                       Tarras
                       ,
                       Torwoodlie
                       ,
                       Gallow-shiels
                    
                     ,
                     and
                     I
                     once
                     took
                     Horse
                     ,
                     he
                     thought
                     the
                     most
                     part
                     of
                     the
                     West
                     end
                     of
                     of
                     Tiviotdale
                     and
                     Selkirk
                     Shire
                     would
                     soon
                     come
                     to
                     us
                     ,
                     especially
                     ,
                     when
                     they
                     heard
                     England
                     was
                     risen
                     ,
                     then
                     we
                     trysted
                     to
                     meet
                     there
                     against
                     Mid-summer
                     Fair
                     ,
                     betwixt
                     and
                     which
                     the
                     forsaid
                     account
                     was
                     expected
                     ,
                     but
                     in
                     case
                     it
                     came
                     to
                     any
                     of
                     our
                     hands
                     sooner
                     ,
                     we
                     promised
                     to
                     advertise
                     the
                     rest
                     ,
                     that
                     we
                     might
                     meet
                     presently
                     ,
                     if
                     the
                     case
                     required
                     ;
                     this
                     is
                     the
                     substance
                     and
                     sum
                     of
                     what
                     passed
                     at
                     the
                     forsaid
                     conference
                     ,
                     that
                     I
                     can
                     now
                     rememeber
                     ;
                     but
                     I
                     remember
                     ,
                     I
                     was
                     likewise
                     told
                     these
                     following
                     particulars
                     in
                     privat
                     ▪
                     by
                     Polwart
                     ,
                     or
                     Torwoodlie
                     ,
                     (
                     which
                     of
                     them
                     ,
                     I
                     cannot
                     distinctly
                     tell
                     )
                     the
                     day
                     of
                     the
                     forsaid
                     conference
                     ,
                     or
                     within
                     a
                     short
                     time
                     after
                     .
                     1.
                     
                     That
                     Polwart
                     keeped
                     the
                     correspondence
                     with
                     our
                     friends
                     at
                     London
                     ,
                     I
                     remember
                     not
                     positively
                     of
                     any
                     of
                     them
                     that
                     was
                     named
                     ,
                     to
                     be
                     on
                     the
                     entrigue
                     there
                     ,
                     except
                     my
                     Lord
                     Melvil
                     ,
                     Sir
                     
                       John
                       Cochran
                       ,
                       Jerviswood
                    
                     ,
                     and
                     Commissar
                     Monro
                     (
                     for
                     I
                     hardly
                     knew
                     any
                     of
                     the
                     rest
                     )
                     and
                     as
                     I
                     think
                     ,
                     Commissar
                     Monro
                     was
                     call'd
                     his
                     correspondent
                     there
                     .
                     2.
                     
                     That
                     the
                     Money
                     to
                     be
                     advanced
                     by
                     the
                     English
                     partie
                     to
                     Scotland
                     was
                     ready
                     ,
                     when
                     Mr.
                     Martin
                     came
                     from
                     London
                     ,
                     and
                     it
                     was
                     expected
                     ,
                     that
                     within
                     few
                     days
                     after
                     ,
                     it
                     would
                     be
                     dispatched
                     with
                     some
                     confident
                     to
                     Holland
                     ,
                     (
                     whither
                     by
                     Bills
                     ,
                     or
                     in
                     Cash
                     ,
                     I
                     cannot
                     say
                     )
                     it
                     was
                     call'd
                     ten
                     thousand
                     pound
                     Sterlin
                     ,
                     and
                     was
                     to
                     be
                     imployed
                     (
                     as
                     I
                     was
                     told
                     )
                     by
                     that
                     confident
                     ,
                     at
                     Argyles
                     sight
                     ,
                     for
                     buying
                     Arms
                     ,
                     providing
                     Ships
                     to
                     transport
                     them
                     with
                     Argyle
                     ,
                     to
                     the
                     West
                     here
                     ,
                     and
                     such
                     other
                     Charges
                     .
                     3.
                     
                     That
                     how
                     soon
                     our
                     friends
                     at
                     London
                     got
                     notice
                     of
                     the
                     safe
                     arrival
                     ,
                     of
                     the
                     confident
                     forsaid
                     ,
                     and
                     all
                     other
                     things
                     were
                     finally
                     concluded
                     there
                     (
                     which
                     was
                     expected
                     would
                     be
                     about
                     the
                     midle
                     of
                     June
                     ,
                     as
                     I
                     remember
                     )
                     they
                     would
                     come
                     home
                     ,
                     and
                     as
                     they
                     passed
                     ,
                     would
                     give
                     them
                     ,
                     or
                     one
                     of
                     them
                     ,
                     an
                     particular
                     account
                     of
                     all
                     resolutions
                     taken
                     ,
                     to
                     be
                     communicat
                     to
                     the
                     rest
                     ,
                     that
                     it
                     was
                     not
                     to
                     be
                     expected
                     by
                     Letters
                     ,
                     that
                     behoved
                     to
                     be
                     under
                     figures
                     ,
                     and
                     dark
                     expressions
                     ,
                     and
                     as
                     I
                     remember
                     ,
                     they
                     were
                     written
                     as
                     it
                     were
                     about
                     the
                     Carolina
                     business
                     ,
                     or
                     some
                     houshold
                     Furniture
                     ,
                     as
                     I
                     was
                     told
                     ,
                     for
                     I
                     never
                     remember
                     ,
                     I
                     saw
                     any
                     Letter
                     ,
                     either
                     direct
                     to
                     London
                     ,
                     or
                     sent
                     from
                     it
                     on
                     that
                     head
                     .
                     4.
                     
                     I
                     was
                     told
                     there
                     was
                     a
                     Sign
                     ,
                     and
                     a
                     Word
                     agreed
                     on
                     by
                     that
                     party
                     ,
                     so
                     that
                     men
                     might
                     know
                     with
                     whom
                     they
                     might
                     use
                     freedom
                     ,
                     the
                     Word
                     ,
                     as
                     I
                     remember
                     was
                     Harmony
                     ,
                     and
                     the
                     Sign
                     ,
                     the
                     opening
                     two
                     Buttons
                     in
                     the
                     breast
                     coat
                     and
                     shutting
                     them
                     presently
                     ;
                     this
                     I
                     communicate
                     to
                     the
                     Earl
                     of
                     Tarras
                     ,
                     but
                     does
                     not
                     mind
                     I
                     ever
                     saw
                     it
                     used
                     ,
                     except
                     when
                     I
                     visited
                     Park-Hay
                     here
                     in
                     Town
                     ,
                     about
                     the
                     end
                     of
                     June
                     ;
                     we
                     discoursing
                     a
                     little
                     freely
                     ,
                     he
                     asked
                     if
                     I
                     had
                     the
                     Word
                     and
                     Sign
                     of
                     the
                     Carolina
                     men
                     ,
                     and
                     I
                     having
                     given
                     them
                     ,
                     he
                     said
                     something
                     to
                     this
                     purpose
                     ,
                     that
                     he
                     was
                     afraid
                     that
                     the
                     Carolina
                     business
                     did
                     not
                     go
                     well
                     ,
                     for
                     there
                     had
                     been
                     some
                     of
                     the
                     Managers
                     expected
                     here
                     (
                     as
                     I
                     think
                     he
                     named
                     Jerviswood
                     or
                     Commissar
                     Monro
                     )
                     these
                     eight
                     days
                     past
                     ,
                     but
                     there
                     was
                     none
                     come
                     ,
                     nor
                     could
                     he
                     learn
                     that
                     any
                     of
                     their
                     Friends
                     had
                     heard
                     from
                     them
                     for
                     several
                     Posts
                     .
                     
                       Polwart
                       ,
                       Torwoodlie
                    
                     ,
                     and
                     I
                     
                     met
                     at
                     Gallowshiels
                     ,
                     on
                     Midsummer
                     Fair
                     ,
                     but
                     I
                     mind
                     nothing
                     passed
                     but
                     private
                     whisperings
                     .
                  
                   
                     
                       Dated
                       
                         September
                         15.
                         1684.
                         
                      
                       and
                       subscrived
                       thus
                       ,
                    
                     
                       James
                       Murray
                       .
                    
                  
                   
                     
                       
                         Edinburgh
                         ,
                         
                           December
                           23.
                           1684.
                           
                        
                      
                    
                     
                       THe
                       Deposition
                       above-written
                       being
                       read
                       to
                       the
                       said
                       
                         James
                         Murray
                      
                       of
                       Philiphaugh
                       ,
                       in
                       presence
                       of
                       the
                       Justices
                       and
                       Assizers
                       ,
                       he
                       adheres
                       thereto
                       in
                       all
                       points
                       upon
                       Oath
                       .
                       
                         Sic
                         subscribitur
                      
                       ,
                    
                     
                       
                         
                           James
                           Murray
                        
                         .
                         Linlithgow
                         ,
                         
                           I.
                           P.
                           D.
                        
                         
                      
                    
                  
                
              
            
          
           
             THe
             said
             
               James
               Murray
            
             further
             depons
             ,
          
           
             
               
                 
                   
                     That
                     at
                     their
                     meeting
                     at
                     Gallowshiels
                     ,
                     it
                     was
                     resolved
                     ,
                     that
                     they
                     should
                     keep
                     up
                     their
                     Cess
                     unpayed
                     till
                     their
                     next
                     meeting
                     at
                     Midsummer
                     ,
                     which
                     was
                     to
                     be
                     at
                     Gallowshiels
                     ,
                     and
                     should
                     deal
                     with
                     all
                     these
                     they
                     had
                     influence
                     upon
                     to
                     do
                     the
                     like
                     ,
                     and
                     that
                     upon
                     the
                     supposition
                     mentioned
                     in
                     his
                     Oath
                     given
                     in
                     .
                     It
                     was
                     spoke
                     amongst
                     them
                     that
                     the
                     Troupers
                     Horses
                     should
                     be
                     seized
                     upon
                     ,
                     when
                     they
                     were
                     grasing
                     .
                     And
                     this
                     is
                     the
                     truth
                     ,
                     as
                     he
                     shall
                     answer
                     to
                     God.
                     
                       Sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       
                         James
                         Murray
                      
                       .
                       Linlithgow
                       ,
                       
                         I.
                         P.
                         D.
                      
                       
                    
                  
                
              
            
          
           
             
               
                 
                   
                     
                       HVgh
                       Scot
                       of
                       Gallowshiels
                    
                     ,
                     aged
                     36.
                     
                     Years
                     ,
                     married
                     ,
                     purged
                     ,
                     &c.
                     and
                     sworn
                     .
                     Depons
                     ,
                     That
                     the
                     Earl
                     of
                     Tarras
                     and
                     Philiphaugh
                     did
                     come
                     to
                     the
                     Deponents
                     House
                     ,
                     in
                     May
                     ,
                     1683.
                     and
                     Polwart
                     came
                     likewise
                     there
                     ,
                     where
                     there
                     were
                     Discourses
                     and
                     Proposals
                     ,
                     that
                     if
                     the
                     English
                     would
                     rise
                     in
                     Arms
                     ,
                     their
                     Friends
                     in
                     the
                     South
                     Shires
                     should
                     rise
                     with
                     them
                     ;
                     and
                     that
                     they
                     should
                     seize
                     the
                     Horses
                     belonging
                     to
                     the
                     Kings
                     Troops
                     where
                     they
                     grased
                     ,
                     and
                     the
                     Town
                     of
                     Berwick
                     ,
                     and
                     the
                     Castle
                     of
                     Stirling
                     :
                     And
                     likewise
                     it
                     was
                     there
                     discoursed
                     anent
                     the
                     late
                     Earl
                     of
                     Argiles
                     coming
                     to
                     invade
                     Scotland
                     ,
                     but
                     because
                     of
                     the
                     uncertainty
                     of
                     Sea
                     Voyages
                     ,
                     there
                     was
                     not
                     much
                     stress
                     laid
                     upon
                     it
                     .
                     Depons
                     ,
                     It
                     was
                     also
                     proposed
                     ,
                     that
                     some
                     of
                     the
                     South
                     Countrey
                     whom
                     they
                     trusted
                     in
                     should
                     be
                     acquainted
                     with
                     it
                     ,
                     and
                     that
                     endeavours
                     should
                     be
                     used
                     to
                     learn
                     what
                     Arms
                     was
                     in
                     the
                     Countrey
                     .
                     Depons
                     ,
                     There
                     was
                     some
                     such
                     discourse
                     there
                     ,
                     as
                     that
                     the
                     Earl
                     of
                     
                       Tarras
                       ,
                       Philiphaugh
                       ,
                       Torwoodlie
                       ,
                       Polwart
                       ,
                    
                     and
                     some
                     others
                     should
                     draw
                     to
                     Horse
                     with
                     the
                     first
                     when
                     the
                     rising
                     should
                     be
                     in
                     readiness
                     ,
                     that
                     it
                     might
                     be
                     expected
                     that
                     the
                     South
                     parts
                     of
                     Teviotdale
                     and
                     Selkirk
                     Shire
                     would
                     joyn
                     with
                     them
                     .
                     And
                     this
                     is
                     the
                     truth
                     ,
                     as
                     he
                     shall
                     answer
                     to
                     God.
                     
                       Sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       Hugh
                       Scot.
                       Linlithgow
                       ,
                       
                         I.
                         P.
                         D.
                      
                       
                    
                  
                
              
            
          
           
             HIs
             Majesties
             Advocat
             produc'd
             other
             Depositions
             ,
             emitted
             by
             Gallowshiels
             before
             the
             Lords
             of
             the
             Secret
             Committee
             ,
             whereof
             the
             Tenor
             follows
             .
          
           
             
               
                 
                   
                   
                     
                       Edinburgh
                       ,
                       
                         the
                         14
                         of
                         September
                         1684.
                         
                      
                    
                  
                   
                     GAllowsheils
                     Depons
                     ,
                     that
                     the
                     E.
                     of
                     Tarras
                     and
                     Philiphaugh
                     ,
                     being
                     in
                     his
                     House
                     in
                     May
                     1683.
                     
                     Discoursed
                     of
                     an
                     intended
                     rising
                     in
                     England
                     ,
                     and
                     of
                     Proposals
                     made
                     to
                     Scots
                     men
                     ,
                     to
                     rise
                     with
                     them
                     ,
                     and
                     of
                     London
                     in
                     particular
                     ,
                     and
                     that
                     Polwort
                     was
                     present
                     at
                     that
                     Meeting
                     ,
                     and
                     told
                     he
                     was
                     sure
                     the
                     Englishmen
                     intended
                     so
                     ,
                     and
                     that
                     it
                     was
                     Discoursed
                     at
                     that
                     Meeting
                     amongst
                     them
                     ,
                     that
                     it
                     were
                     fit
                     to
                     seize
                     Berwick
                     and
                     Stirling
                     ;
                     and
                     that
                     it
                     was
                     talked
                     amongst
                     them
                     of
                     bringing
                     the
                     Duke
                     of
                     York
                     to
                     Tryal
                     ,
                     and
                     that
                     the
                     King
                     would
                     abandon
                     him
                     .
                     
                       Sic
                       Subscribitur
                    
                     ,
                  
                   
                     
                       
                         
                           Hugh
                           Scot.
                           Perth
                           ,
                           Cancel
                           .
                        
                         
                           Queensberry
                        
                         
                           George
                           Mckenzie
                           .
                        
                         
                           Jo.
                           Drummond
                           .
                        
                         
                           George
                           Mckenzie
                           .
                        
                      
                    
                  
                
              
            
          
           
             
               
                 
                   
                     
                       Edinburgh
                       ,
                       
                         October
                         29.
                         1684.
                         
                      
                    
                  
                   
                     Sederunt
                     .
                     Lord
                     Chancellour
                     .
                     Lord
                     President
                     .
                     Lord
                     Secretary
                     .
                     Lord
                     Advocat
                     .
                  
                   
                     THe
                     Laird
                     of
                     Gallowsheils
                     ,
                     Prisoner
                     in
                     the
                     Tolbuith
                     of
                     Edinburgh
                     ,
                     being
                     Call'd
                     and
                     Examin'd
                     upon
                     Oath
                     ,
                     Depons
                     ,
                     that
                     in
                     the
                     Moneth
                     of
                     May
                     1683.
                     
                     The
                     E.
                     of
                     
                       Tarras
                       ,
                       Hume
                    
                     of
                     Polwert
                     Elder
                     ,
                     and
                     Laird
                     of
                     Philiphaugh
                     ,
                     came
                     to
                     the
                     Deponents
                     House
                     ,
                     himself
                     being
                     absent
                     ,
                     at
                     his
                     coming
                     home
                     ,
                     they
                     were
                     speaking
                     of
                     the
                     Security
                     of
                     the
                     Protestant
                     Religion
                     ;
                     and
                     of
                     a
                     Party
                     in
                     England
                     ,
                     who
                     would
                     secure
                     ,
                     or
                     seize
                     the
                     King
                     or
                     Duke
                     ,
                     and
                     that
                     if
                     any
                     should
                     rise
                     in
                     Arms
                     to
                     Defend
                     them
                     ,
                     or
                     to
                     rescue
                     the
                     King
                     and
                     Duke
                     :
                     There
                     was
                     another
                     Party
                     who
                     would
                     rise
                     in
                     Arms
                     against
                     them
                     ,
                     it
                     was
                     proposed
                     ,
                     that
                     some
                     Countrey
                     men
                     should
                     be
                     spoken
                     to
                     ,
                     to
                     try
                     their
                     Resolutions
                     ,
                     and
                     that
                     the
                     Resolutions
                     of
                     England
                     should
                     be
                     told
                     them
                     ,
                     to
                     see
                     if
                     they
                     would
                     concur
                     .
                     But
                     the
                     Deponent
                     does
                     not
                     remember
                     that
                     this
                     proposition
                     was
                     approven
                     ,
                     or
                     undertaken
                     to
                     be
                     done
                     by
                     any
                     present
                     ;
                     nor
                     does
                     he
                     remember
                     who
                     mannag'd
                     the
                     Discourse
                     .
                     It
                     was
                     likewise
                     propos'd
                     ,
                     to
                     seize
                     the
                     Officers
                     of
                     State
                     ,
                     especially
                     the
                     Chancellour
                     and
                     Thesaurer
                     ,
                     and
                     they
                     said
                     ,
                     Sir
                     
                       John
                       Cochran
                    
                     was
                     to
                     come
                     to
                     the
                     West
                     from
                     England
                     ,
                     for
                     advancement
                     of
                     the
                     Design
                     ;
                     and
                     that
                     the
                     Earl
                     of
                     Argile
                     was
                     to
                     Land
                     in
                     the
                     West-Highlands
                     ,
                     and
                     to
                     raise
                     that
                     Countrey
                     .
                     Of
                     these
                     matters
                     ,
                     all
                     these
                     who
                     were
                     present
                     Discoursed
                     ,
                     as
                     of
                     an
                     Affair
                     that
                     they
                     were
                     agitating
                     ,
                     and
                     wherein
                     themselves
                     were
                     particularly
                     concerned
                     ,
                     though
                     at
                     that
                     time
                     they
                     did
                     not
                     conclude
                     what
                     their
                     carriage
                     should
                     be
                     ;
                     The
                     reason
                     why
                     the
                     Deponent
                     cannot
                     be
                     more
                     particulars
                     is
                     ,
                     because
                     he
                     was
                     sometimes
                     going
                     out
                     ,
                     and
                     sometimes
                     walking
                     up
                     and
                     down
                     the
                     Room
                     ;
                     and
                     though
                     the
                     Deponent
                     cannot
                     be
                     positive
                     of
                     the
                     very
                     words
                     ;
                     yet
                     he
                     is
                     positive
                     they
                     were
                     either
                     these
                     Words
                     ,
                     or
                     Words
                     to
                     that
                     purpose
                     .
                     
                       Sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       Hugh
                       Scot.
                       Perth
                       Cancellarius
                       .
                    
                  
                
              
            
          
           
             
               
                 
                   
                   
                     
                       Edinburgh
                       ,
                       
                         December
                         23.
                         1684.
                         
                      
                    
                  
                   
                     
                       HVgh
                       Scot
                       of
                       Gallowsheils
                    
                     being
                     solemnly
                     Sworn
                     in
                     presence
                     of
                     the
                     Justices
                     and
                     Assize
                     ,
                     adheres
                     to
                     the
                     Depositions
                     within
                     ,
                     and
                     above-written
                     in
                     all
                     points
                     ,
                     
                       Sic
                       subscribitur
                    
                     .
                  
                   
                     
                       Hugh
                       Scot.
                       Linlithgow
                       ,
                       
                         I.
                         P.
                         D.
                      
                       
                    
                  
                
              
            
          
           
             HIs
             Majesties
             Advocat
             in
             fortification
             of
             the
             former
             Probation
             ,
             adduces
             the
             Printed
             Copy
             of
             Mr.
             
               William
               Carstares
            
             Depositions
             ,
             emitted
             before
             the
             Officers
             of
             State
             ,
             and
             other
             Lords
             of
             Privy
             Council
             ,
             and
             leaves
             the
             same
             to
             the
             Assise
             ,
             and
             uses
             it
             as
             an
             Adminicle
             of
             Probation
             ;
             for
             though
             it
             was
             capitulat
             ,
             that
             he
             should
             not
             be
             made
             use
             of
             as
             a
             Witness
             ;
             yet
             it
             was
             agreed
             ,
             that
             the
             Deposition
             should
             be
             published
             :
             and
             likewise
             produces
             the
             Principal
             Deposition
             signed
             by
             himself
             ,
             and
             the
             saids
             Lords
             .
          
           
             THe
             Lords
             ,
             Justice-General
             ,
             Justice-Clerk
             ,
             and
             Commissioners
             of
             Justiciary
             ,
             admit
             the
             Paper
             produced
             as
             an
             Adminicle
             ,
             and
             refers
             the
             import
             thereof
             to
             the
             Inquest
             ,
             and
             ordains
             the
             Printed
             Paper
             as
             it
             is
             Collationed
             ,
             to
             be
             taken
             in
             ,
             and
             considered
             by
             the
             Inquest
             .
          
           
             
               
                 
                   
                     SIr
                     
                       William
                       Paterson
                    
                     ,
                     and
                     Mr.
                     
                       Colin
                       Mckenzie
                    
                     ,
                     Clerks
                     of
                     His
                     Majesties
                     Privy
                     Council
                     being
                     Interrogat
                     ,
                     if
                     they
                     heard
                     Mr.
                     
                       William
                       Carstares
                    
                     own
                     the
                     Depositions
                     Read
                     ,
                     Depons
                     they
                     saw
                     and
                     heard
                     him
                     Swear
                     ,
                     and
                     own
                     the
                     same
                     upon
                     Oath
                     ,
                     and
                     they
                     Collationed
                     the
                     Printed
                     Copie
                     with
                     the
                     Original
                     formerly
                     ;
                     and
                     now
                     they
                     heard
                     it
                     Collationed
                     ,
                     
                       Sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       Will.
                       Paterson
                       .
                       Colin
                       Mckenzie
                       .
                    
                  
                
              
            
          
           
             THe
             Deposition
             of
             Mr.
             
               William
               Carstares
            
             ,
             when
             he
             was
             Examined
             before
             the
             Lords
             of
             Secret
             Committee
             ,
             given
             in
             by
             him
             ,
             and
             renewed
             upon
             Oath
             ;
             upon
             the
             22.
             of
             
               December
               1684.
            
             in
             presence
             of
             the
             Lords
             of
             His
             Majesties
             Privy
             Council
             .
          
           
             
               
                 
                   
                     
                       Edinburgh
                       Castle
                       ,
                       
                         September
                         8.
                         1684.
                         
                      
                    
                  
                   
                     MR.
                     
                       William
                       Carstares
                    
                     being
                     Examined
                     upon
                     Oath
                     ,
                     conform
                     to
                     the
                     Condescention
                     given
                     in
                     by
                     him
                     ,
                     and
                     on
                     the
                     Terms
                     therein-mentioned
                     ;
                     Depons
                     ,
                     That
                     about
                     November
                     ,
                     or
                     December
                     1682.
                     
                     
                       James
                       Stuart
                    
                     ,
                     Brother
                     to
                     the
                     Laird
                     of
                     Cultness
                     ,
                     wrot
                     a
                     Letter
                     to
                     him
                     from
                     Holland
                     ,
                     importing
                     ,
                     that
                     if
                     any
                     considerable
                     sum
                     of
                     Money
                     could
                     be
                     procur'd
                     from
                     England
                     ,
                     
                     that
                     something
                     of
                     importance
                     might
                     be
                     done
                     in
                     Scotland
                     :
                     The
                     which
                     Letter
                     ,
                     the
                     Deponent
                     had
                     an
                     inclination
                     to
                     inform
                     Shepherd
                     in
                     Abb-Church-lane
                     ,
                     Merchant
                     in
                     London
                     of
                     ;
                     but
                     before
                     he
                     could
                     do
                     it
                     ,
                     he
                     wrot
                     to
                     Mr.
                     Stuart
                     above-nam'd
                     to
                     know
                     from
                     him
                     ,
                     if
                     he
                     might
                     do
                     it
                     ;
                     and
                     Mr.
                     Stuart
                     having
                     consented
                     ,
                     he
                     communicat
                     the
                     said
                     Letter
                     to
                     Mr.
                     Shepherd
                     ,
                     who
                     told
                     the
                     Deponent
                     that
                     he
                     would
                     communicat
                     the
                     Contents
                     of
                     it
                     to
                     some
                     persons
                     in
                     England
                     ;
                     but
                     did
                     at
                     that
                     time
                     name
                     no
                     body
                     ,
                     as
                     the
                     Deponent
                     thinks
                     :
                     Sometime
                     thereafter
                     ,
                     Mr.
                     Shepherd
                     told
                     the
                     Deponent
                     ,
                     that
                     he
                     had
                     communicat
                     the
                     Contents
                     of
                     the
                     Letter
                     above-named
                     ,
                     to
                     Colonel
                     Sidney
                     ,
                     and
                     that
                     Colonel
                     Dunvers
                     was
                     present
                     ,
                     and
                     told
                     the
                     Deponent
                     ,
                     that
                     Colonel
                     Sidney
                     was
                     averse
                     from
                     imploying
                     the
                     late
                     Earl
                     of
                     Argile
                     ,
                     or
                     medling
                     with
                     him
                     ,
                     judging
                     him
                     a
                     man
                     too
                     much
                     affected
                     to
                     the
                     Royal
                     Family
                     ,
                     and
                     inclin'd
                     to
                     the
                     present
                     Church-Government
                     ;
                     yet
                     Mr.
                     Shepherd
                     being
                     put
                     upon
                     it
                     by
                     the
                     Deponent
                     ,
                     still
                     urg'd
                     ,
                     that
                     one
                     might
                     be
                     sent
                     to
                     the
                     Earl
                     of
                     Argile
                     ;
                     but
                     as
                     Mr.
                     Shepherd
                     told
                     him
                     ,
                     he
                     was
                     suspected
                     upon
                     the
                     account
                     of
                     his
                     urging
                     so
                     much
                     ;
                     yet
                     afterwards
                     he
                     press'd
                     ,
                     without
                     the
                     Deponents
                     knowledge
                     ,
                     that
                     the
                     Deponent
                     being
                     to
                     go
                     to
                     Holland
                     however
                     ,
                     might
                     have
                     some
                     Commission
                     to
                     the
                     Earl
                     of
                     Argile
                     ,
                     which
                     he
                     having
                     inform'd
                     the
                     Deponent
                     of
                     ,
                     the
                     Deponent
                     told
                     him
                     ,
                     that
                     he
                     himself
                     would
                     not
                     be
                     concern'd
                     ,
                     but
                     if
                     they
                     would
                     send
                     another
                     ,
                     he
                     would
                     introduce
                     him
                     ;
                     but
                     nothing
                     of
                     this
                     was
                     done
                     :
                     upon
                     which
                     the
                     Deponent
                     went
                     over
                     ,
                     without
                     any
                     Commission
                     from
                     any
                     body
                     ,
                     to
                     Holland
                     ,
                     never
                     meeting
                     with
                     
                       James
                       Stuart
                    
                     above-nam'd
                     :
                     He
                     was
                     introduc'd
                     to
                     the
                     Earl
                     of
                     Argile
                     ,
                     with
                     whom
                     he
                     had
                     never
                     before
                     convers'd
                     ;
                     and
                     did
                     there
                     Discourse
                     what
                     had
                     past
                     betwixt
                     Mr.
                     Shepherd
                     and
                     him
                     ;
                     and
                     particularly
                     ,
                     about
                     remitting
                     of
                     Money
                     to
                     the
                     said
                     Earl
                     from
                     England
                     ;
                     of
                     which
                     the
                     said
                     Mr.
                     Stuart
                     had
                     written
                     to
                     the
                     Deponent
                     ,
                     namely
                     of
                     30000
                     pounds
                     Sterling
                     ;
                     and
                     of
                     the
                     raising
                     of
                     1000
                     Horse
                     and
                     Dragoons
                     ;
                     and
                     the
                     securing
                     the
                     Castle
                     of
                     Edinburgh
                     ,
                     as
                     a
                     matter
                     of
                     the
                     greatest
                     importance
                     :
                     The
                     method
                     of
                     doing
                     this
                     was
                     propos'd
                     by
                     the
                     Deponent
                     ,
                     to
                     be
                     one
                     hour
                     ,
                     or
                     thereby
                     ,
                     after
                     the
                     relieving
                     of
                     the
                     Guards
                     :
                     But
                     the
                     Earl
                     did
                     not
                     relish
                     this
                     Proposition
                     ,
                     as
                     dangerous
                     ;
                     and
                     that
                     the
                     Castles
                     would
                     fall
                     of
                     consequence
                     ,
                     after
                     the
                     Work
                     abroad
                     was
                     done
                     .
                     
                       James
                       Stuart
                    
                     was
                     of
                     the
                     Deponents
                     Opinion
                     for
                     seizing
                     the
                     Castle
                     ;
                     because
                     it
                     would
                     secure
                     Edinburgh
                     ;
                     the
                     Magazins
                     and
                     Arms
                     ,
                     as
                     to
                     the
                     1000
                     Horse
                     and
                     Dragoons
                     .
                     My
                     Lord
                     Argile
                     was
                     of
                     Opinion
                     ,
                     that
                     without
                     them
                     nothing
                     was
                     to
                     be
                     done
                     ;
                     and
                     that
                     if
                     that
                     number
                     were
                     rais'd
                     in
                     England
                     to
                     the
                     said
                     Earl
                     ,
                     he
                     would
                     come
                     into
                     Scotland
                     with
                     them
                     ;
                     and
                     that
                     there
                     being
                     so
                     few
                     Horse
                     and
                     Dragoons
                     to
                     meet
                     them
                     ,
                     he
                     judg'd
                     he
                     might
                     get
                     the
                     Countrey
                     without
                     trouble
                     ,
                     having
                     such
                     a
                     standing
                     Body
                     for
                     their
                     Friends
                     to
                     Rendezvous
                     to
                     ;
                     and
                     the
                     said
                     Earl
                     said
                     he
                     could
                     show
                     the
                     Deponent
                     the
                     conventient
                     places
                     for
                     Landing
                     ,
                     if
                     he
                     understood
                     ;
                     and
                     as
                     the
                     Deponent
                     remembers
                     ,
                     where
                     the
                     Ships
                     could
                     attend
                     .
                     The
                     Deponent
                     remembers
                     not
                     the
                     names
                     of
                     the
                     places
                     .
                     The
                     Deponent
                     spoke
                     to
                     the
                     Lord
                     Stairs
                     ;
                     but
                     cannot
                     be
                     positive
                     that
                     he
                     
                     nam'd
                     the
                     Affair
                     to
                     him
                     ,
                     but
                     found
                     him
                     shy
                     :
                     but
                     the
                     Earl
                     of
                     Argile
                     told
                     him
                     ,
                     he
                     thought
                     Stairs
                     might
                     be
                     gain'd
                     to
                     them
                     :
                     And
                     that
                     the
                     Earl
                     of
                     Lowdoun
                     being
                     a
                     man
                     of
                     good
                     Reason
                     ,
                     and
                     disobliged
                     ,
                     would
                     have
                     great
                     influence
                     upon
                     the
                     Countrey
                     ,
                     and
                     recommended
                     the
                     Deponent
                     to
                     Major
                     Holms
                     with
                     whom
                     the
                     Deponent
                     had
                     some
                     acquaintance
                     before
                     ,
                     and
                     had
                     brought
                     over
                     a
                     Letter
                     from
                     him
                     to
                     the
                     Earl
                     of
                     Argyle
                     ;
                     but
                     the
                     Deponent
                     had
                     not
                     then
                     communicate
                     any
                     thing
                     to
                     the
                     said
                     
                       Holms
                       .
                       James
                       Steuart
                    
                     laid
                     down
                     a
                     way
                     of
                     correspondence
                     by
                     Cyphers
                     and
                     false
                     Names
                     ,
                     and
                     sent
                     them
                     over
                     to
                     Holms
                     ,
                     and
                     the
                     Deponent
                     ,
                     for
                     their
                     use
                     (
                     which
                     Cyphers
                     and
                     Names
                     ,
                     are
                     now
                     in
                     the
                     hands
                     of
                     His
                     Majesties
                     Officers
                     ,
                     as
                     the
                     Deponent
                     supposes
                     ,
                     )
                     and
                     did
                     desire
                     the
                     Deponent
                     earnestly
                     to
                     propose
                     the
                     30000.
                     pound
                     Sterling
                     above-named
                     to
                     the
                     party
                     in
                     England
                     ,
                     and
                     did
                     not
                     propose
                     any
                     less
                     ;
                     for
                     as
                     the
                     Earl
                     told
                     the
                     Deponent
                     ,
                     he
                     had
                     particularly
                     calculate
                     the
                     Expence
                     for
                     Arms
                     ,
                     Ammunition
                     ,
                     &c.
                     
                     But
                     
                       James
                       Steuart
                    
                     said
                     ,
                     that
                     if
                     some
                     less
                     could
                     be
                     had
                     ,
                     the
                     Earl
                     would
                     content
                     himself
                     ,
                     if
                     better
                     might
                     not
                     be
                     ;
                     but
                     the
                     Earl
                     always
                     said
                     ,
                     that
                     there
                     was
                     nothing
                     to
                     be
                     done
                     without
                     the
                     body
                     of
                     Horse
                     and
                     Dragoons
                     above-mentioned
                     .
                     During
                     the
                     time
                     of
                     the
                     Deponent
                     his
                     abode
                     in
                     Holland
                     ,
                     tho
                     he
                     had
                     several
                     Letters
                     from
                     Shepard
                     ,
                     yet
                     there
                     was
                     no
                     satisfactory
                     account
                     ,
                     till
                     some
                     time
                     after
                     the
                     Deponent
                     parted
                     from
                     the
                     Earl
                     of
                     Argyle
                     ,
                     and
                     was
                     making
                     for
                     a
                     Ship
                     at
                     Rotterdam
                     to
                     transport
                     himself
                     to
                     
                       England
                       .
                       James
                       Steuart
                    
                     wrot
                     to
                     him
                     that
                     there
                     was
                     hopes
                     of
                     the
                     Money
                     .
                     The
                     next
                     day
                     after
                     the
                     Deponent
                     came
                     to
                     England
                     ,
                     he
                     met
                     with
                     Sir
                     
                       John
                       Cochran
                    
                     ,
                     who
                     ,
                     with
                     Commissar
                     Monro
                     ,
                     and
                     Jerviswood
                     ,
                     was
                     at
                     London
                     before
                     he
                     came
                     over
                     ;
                     and
                     depons
                     ,
                     that
                     he
                     knows
                     not
                     the
                     account
                     of
                     their
                     coming
                     ,
                     more
                     then
                     for
                     the
                     perfecting
                     the
                     Transaction
                     about
                     Carolina
                     :
                     and
                     having
                     acquainted
                     Sir
                     
                       John
                       Cochran
                    
                     with
                     the
                     Earls
                     demands
                     of
                     the
                     30000
                     pound
                     Sterling
                     and
                     the
                     1000.
                     
                     Horse
                     and
                     Dragoons
                     ,
                     Sir
                     John
                     carried
                     him
                     to
                     the
                     Lord
                     Russel
                     ,
                     to
                     whom
                     the
                     Deponent
                     proposed
                     the
                     affair
                     ,
                     but
                     being
                     an
                     absolute
                     Stranger
                     to
                     the
                     Deponent
                     ,
                     had
                     no
                     return
                     from
                     him
                     at
                     that
                     time
                     ;
                     but
                     afterwards
                     having
                     met
                     him
                     accidently
                     at
                     Mr.
                     Shepards
                     house
                     ,
                     where
                     he
                     the
                     Lord
                     Bussel
                     had
                     come
                     to
                     speak
                     to
                     Shepard
                     about
                     the
                     Money
                     abovenamed
                     ,
                     as
                     Mr.
                     Shepard
                     told
                     the
                     Deponent
                     .
                     The
                     Deponent
                     (
                     when
                     they
                     were
                     done
                     speaking
                     )
                     desired
                     to
                     speak
                     to
                     the
                     Lord
                     Russel
                     ,
                     which
                     the
                     Lord
                     Russel
                     did
                     ,
                     and
                     having
                     reiterate
                     the
                     former
                     Proposition
                     for
                     the
                     30000.
                     pound
                     Sterling
                     ,
                     and
                     the
                     1000.
                     
                     Horse
                     and
                     Dragoons
                     ,
                     he
                     the
                     Lord
                     Russel
                     told
                     the
                     Deponent
                     ,
                     they
                     could
                     not
                     get
                     so
                     much
                     raised
                     at
                     the
                     time
                     ,
                     but
                     if
                     they
                     had
                     10000.
                     pound
                     to
                     begin
                     ,
                     that
                     would
                     draw
                     People
                     in
                     ,
                     and
                     when
                     they
                     were
                     once
                     in
                     ,
                     they
                     would
                     soon
                     be
                     brought
                     to
                     more
                     ;
                     but
                     as
                     for
                     the
                     1000.
                     
                     Horse
                     and
                     Dragoons
                     ,
                     he
                     could
                     say
                     nothing
                     at
                     the
                     present
                     ,
                     for
                     that
                     behoved
                     to
                     be
                     concerted
                     upon
                     the
                     Borders
                     .
                     The
                     Deponent
                     made
                     the
                     same
                     proposal
                     to
                     Mr.
                     Ferguson
                     ,
                     who
                     was
                     much
                     concerned
                     in
                     the
                     Affair
                     ,
                     and
                     zealous
                     for
                     the
                     promoving
                     of
                     it
                     .
                     This
                     Mr.
                     Ferguson
                     had
                     in
                     October
                     or
                     November
                     before
                     ,
                     as
                     the
                     Deponent
                     remembers
                     in
                     a
                     Conversation
                     with
                     the
                     Deponent
                     in
                     Cheap-fide
                     ,
                     or
                     the
                     Street
                     somewhere
                     thereabout
                     ,
                     said
                     ,
                     that
                     for
                     the
                     saving
                     of
                     innocent
                     Blood
                     ,
                     it
                     would
                     be
                     necessary
                     to
                     cut
                     off
                     a
                     few
                     ,
                     insinuating
                     the
                     King
                     and
                     Duke
                     ,
                     but
                     cannot
                     be
                     positive
                     whether
                     he
                     named
                     them
                     or
                     not
                     ,
                     
                     to
                     which
                     the
                     Deponent
                     said
                     ,
                     that
                     's
                     work
                     for
                     our
                     wild
                     People
                     in
                     Scotland
                     ,
                     my
                     Conscience
                     does
                     not
                     serve
                     me
                     for
                     such
                     things
                     ;
                     after
                     which
                     the
                     Deponent
                     had
                     never
                     any
                     particular
                     discourse
                     with
                     Ferguson
                     ,
                     as
                     to
                     that
                     matter
                     ;
                     but
                     as
                     to
                     the
                     other
                     Affair
                     ,
                     Ferguson
                     told
                     the
                     Deponent
                     that
                     he
                     was
                     doing
                     what
                     he
                     could
                     to
                     get
                     it
                     effectuate
                     ,
                     as
                     particularly
                     that
                     he
                     spoke
                     to
                     one
                     Major
                     Wildman
                     who
                     is
                     not
                     of
                     the
                     Deponent
                     his
                     acquaintance
                     .
                     Ferguson
                     blamed
                     always
                     Sidney
                     ,
                     as
                     driving
                     designs
                     of
                     his
                     own
                     .
                     The
                     Deponent
                     met
                     twice
                     or
                     thrice
                     with
                     the
                     Lord
                     Melvil
                     ,
                     Sir
                     
                       John
                       Cochran
                       ,
                       Jerviswood
                    
                     ,
                     Commissar
                     Monro
                     ,
                     the
                     two
                     
                       Cessnocks
                       ,
                       Mongomery
                    
                     of
                     Langshaw
                     ,
                     and
                     one
                     Mr.
                     Veitch
                     ,
                     where
                     they
                     discoursed
                     of
                     Money
                     to
                     be
                     sent
                     to
                     Argyle
                     ,
                     in
                     order
                     to
                     the
                     carrying
                     on
                     the
                     Affair
                     ,
                     and
                     tho
                     he
                     cannot
                     be
                     positive
                     the
                     Affair
                     was
                     named
                     ,
                     yet
                     it
                     was
                     understood
                     by
                     himself
                     ,
                     and
                     as
                     he
                     conceives
                     by
                     all
                     present
                     ,
                     to
                     be
                     for
                     rising
                     in
                     Arms
                     ,
                     for
                     rectifying
                     the
                     Government
                     .
                     Commissary
                     Monro
                     ,
                     Lord
                     Melvil
                     ,
                     and
                     the
                     two
                     Cessnocks
                     were
                     against
                     medling
                     with
                     the
                     English
                     ,
                     because
                     they
                     judged
                     them
                     men
                     that
                     would
                     talk
                     ,
                     and
                     would
                     not
                     do
                     ,
                     but
                     were
                     more
                     inclined
                     to
                     do
                     something
                     by
                     themselves
                     ,
                     if
                     it
                     could
                     be
                     done
                     .
                     The
                     Lord
                     Melvil
                     thought
                     every
                     thing
                     hazardous
                     ,
                     and
                     therefore
                     the
                     Deponent
                     cannot
                     say
                     he
                     was
                     positive
                     in
                     any
                     thing
                     ,
                     but
                     was
                     most
                     inclined
                     to
                     have
                     the
                     Duke
                     of
                     Monmouth
                     to
                     head
                     them
                     in
                     Scotland
                     ,
                     of
                     which
                     no
                     particular
                     method
                     was
                     laid
                     down
                     .
                     Jerviswood
                     ,
                     the
                     Deponent
                     ,
                     and
                     Mr.
                     Veitch
                     ,
                     were
                     for
                     taking
                     Money
                     at
                     one
                     of
                     these
                     Meetings
                     .
                     It
                     was
                     resolved
                     ,
                     that
                     Mr.
                     Martin
                     ,
                     late
                     Clerk
                     to
                     the
                     Justice
                     Court
                     should
                     be
                     sent
                     to
                     Scotland
                     ,
                     to
                     desire
                     their
                     Friends
                     to
                     hinder
                     the
                     Countrey
                     from
                     Rising
                     ,
                     or
                     taking
                     rash
                     Resolutions
                     upon
                     the
                     account
                     of
                     the
                     Council
                     ,
                     till
                     they
                     should
                     see
                     how
                     matters
                     went
                     in
                     England
                     .
                     The
                     said
                     Martin
                     did
                     go
                     at
                     the
                     Charges
                     of
                     the
                     Gentlemen
                     of
                     the
                     Meeting
                     ,
                     and
                     was
                     directed
                     to
                     the
                     Laird
                     of
                     Polwart
                     and
                     Torwoodlie
                     ,
                     who
                     sent
                     back
                     word
                     that
                     it
                     would
                     not
                     be
                     found
                     so
                     easie
                     a
                     matter
                     to
                     get
                     the
                     Gentrie
                     of
                     Scotland
                     to
                     concur
                     :
                     But
                     afterwards
                     in
                     a
                     Letter
                     to
                     Commissar
                     
                       Monro
                       ,
                       Polwart
                    
                     wrot
                     that
                     the
                     Countrey
                     was
                     readier
                     to
                     concur
                     than
                     they
                     had
                     imagined
                     ,
                     or
                     something
                     to
                     that
                     purpose
                     .
                     The
                     Deponent
                     ,
                     as
                     above-said
                     ,
                     having
                     brought
                     over
                     a
                     Key
                     from
                     Holland
                     ,
                     to
                     serve
                     himself
                     and
                     Major
                     Holms
                     :
                     he
                     remembers
                     not
                     that
                     ever
                     he
                     had
                     an
                     exact
                     Copy
                     of
                     it
                     ,
                     but
                     that
                     sometimes
                     the
                     one
                     ,
                     sometimes
                     the
                     other
                     keeped
                     It
                     ,
                     and
                     so
                     it
                     chanced
                     to
                     be
                     in
                     his
                     custody
                     when
                     a
                     Letter
                     from
                     the
                     Earl
                     of
                     Argyle
                     came
                     to
                     Major
                     Holms
                     ,
                     intimating
                     ,
                     that
                     he
                     would
                     joyn
                     with
                     the
                     Duke
                     of
                     Monmouth
                     ,
                     and
                     follow
                     his
                     measures
                     ,
                     or
                     obey
                     his
                     Directions
                     .
                     This
                     Mr.
                     Veitch
                     thought
                     fit
                     to
                     communicate
                     to
                     the
                     Duke
                     of
                     Monmouth
                     ,
                     and
                     for
                     the
                     Understanding
                     of
                     it
                     was
                     brought
                     to
                     the
                     Deponent
                     ,
                     and
                     he
                     gave
                     the
                     Key
                     to
                     Mr.
                     Veitch
                     ,
                     who
                     as
                     the
                     Deponent
                     was
                     informed
                     ,
                     was
                     to
                     give
                     it
                     and
                     the
                     Letter
                     to
                     Mr.
                     Ferguson
                     ,
                     and
                     he
                     to
                     shew
                     it
                     to
                     the
                     Duke
                     of
                     Monmouth
                     ;
                     but
                     what
                     was
                     done
                     in
                     it
                     ,
                     the
                     Deponent
                     knows
                     not
                     .
                     The
                     Deponent
                     heard
                     the
                     Design
                     of
                     Killing
                     the
                     King
                     and
                     Duke
                     ,
                     from
                     Mr.
                     Shepard
                     ,
                     who
                     told
                     the
                     Deponent
                     some
                     were
                     full
                     upon
                     it
                     .
                     The
                     Deponent
                     heard
                     that
                     
                       Aron
                       Smith
                    
                     was
                     sent
                     by
                     those
                     in
                     England
                     to
                     call
                     Sir
                     
                       John
                       Cochran
                    
                     ,
                     on
                     the
                     account
                     of
                     Carolina
                     ,
                     but
                     that
                     he
                     does
                     not
                     know
                     
                       Aron
                       Smith
                    
                     ,
                     
                     or
                     any
                     more
                     of
                     that
                     matter
                     ,
                     not
                     being
                     concerned
                     in
                     it
                     .
                     Shepard
                     named
                     young
                     Hamden
                     frequently
                     as
                     concerned
                     in
                     these
                     Matters
                     .
                  
                   
                     
                       Signed
                       at
                       Edinburgh
                       Castle
                       ,
                       
                         the
                         8.
                         of
                         September
                         ,
                         1684.
                         
                      
                       and
                       renewed
                       
                         the
                         18
                         of
                         the
                         same
                         Moneth
                         .
                      
                    
                     
                       William
                       Carstares
                       .
                       
                         PERTH
                         CANCELL
                      
                       .
                       I.
                       P.
                       D.
                       
                    
                  
                
              
            
          
           
             
               
                 
                   
                     
                       Edinburgh
                       Castle
                       
                         18
                         September
                         1684.
                         
                      
                    
                  
                   
                     MR.
                     
                       William
                       Carstares
                    
                     being
                     again
                     Examined
                     ,
                     adheres
                     to
                     his
                     former
                     Deposition
                     ,
                     in
                     all
                     the
                     parts
                     of
                     it
                     ,
                     and
                     Depones
                     he
                     knows
                     of
                     no
                     Correspondence
                     betwixt
                     Scotland
                     and
                     England
                     ,
                     except
                     by
                     Martin
                     before
                     named
                     ;
                     for
                     those
                     Gentlemen
                     to
                     whom
                     he
                     was
                     sent
                     ,
                     were
                     left
                     to
                     follow
                     their
                     own
                     Methods
                     .
                     Veitch
                     sometimes
                     ,
                     as
                     the
                     Deponent
                     remembers
                     ,
                     stayed
                     sometimes
                     at
                     Nicolson
                     ,
                     Stabler●s
                     House
                     ,
                     at
                     London-wall
                     ;
                     sometimes
                     with
                     one
                     Widow
                     Hardcastle
                     in
                     More-fields
                     .
                     The
                     Deponent
                     did
                     Communicate
                     the
                     Design
                     on
                     foot
                     to
                     Doctor
                     Owen
                     ,
                     Mr.
                     Griffil
                     ,
                     and
                     Mr.
                     Meed
                     ,
                     at
                     Stepney
                     ,
                     who
                     all
                     concurred
                     in
                     the
                     promoting
                     of
                     it
                     ,
                     and
                     were
                     desirous
                     it
                     should
                     take
                     effect
                     ;
                     and
                     to
                     one
                     Mr.
                     Freth
                     in
                     the
                     Temple
                     ,
                     Councellor
                     at
                     Law
                     ,
                     who
                     said
                     that
                     he
                     would
                     see
                     what
                     he
                     could
                     do
                     in
                     reference
                     to
                     the
                     Money
                     ,
                     but
                     there
                     having
                     gone
                     a
                     Report
                     ,
                     that
                     there
                     was
                     no
                     Money
                     to
                     be
                     raised
                     ,
                     he
                     did
                     nothing
                     in
                     it
                     ;
                     nor
                     does
                     the
                     Deponent
                     think
                     him
                     any
                     more
                     concerned
                     in
                     the
                     Affair
                     .
                     Nelthrop
                     frequently
                     spoke
                     to
                     the
                     Deponent
                     of
                     the
                     Money
                     to
                     be
                     sent
                     to
                     Argyle
                     ,
                     whether
                     it
                     was
                     got
                     or
                     not
                     ,
                     but
                     the
                     Deponent
                     used
                     no
                     freedom
                     with
                     him
                     in
                     the
                     Affair
                     .
                     Goodenough
                     did
                     insinuate
                     once
                     ,
                     that
                     the
                     Lords
                     were
                     not
                     inclined
                     to
                     the
                     thing
                     ,
                     and
                     that
                     before
                     ,
                     they
                     would
                     see
                     what
                     they
                     could
                     do
                     in
                     the
                     City
                     .
                     The
                     Deponent
                     saw
                     Mr.
                     Ferguson
                     ,
                     and
                     Mr.
                     Rumsay
                     ,
                     lurking
                     after
                     the
                     Plot
                     broke
                     out
                     ,
                     before
                     the
                     Proclamation
                     ,
                     having
                     gone
                     to
                     Ferguson
                     ,
                     in
                     the
                     back
                     of
                     Bishopsgate-street
                     ,
                     at
                     some
                     new
                     Building
                     ,
                     whether
                     he
                     was
                     directed
                     by
                     Jerviswood
                     ,
                     who
                     was
                     desirous
                     to
                     know
                     how
                     things
                     went.
                     Rumsay
                     was
                     not
                     of
                     the
                     Deponent
                     his
                     acquaintance
                     before
                     ,
                     but
                     they
                     knew
                     as
                     little
                     of
                     the
                     matter
                     as
                     the
                     Deponent
                     .
                     This
                     is
                     what
                     the
                     Deponent
                     remembers
                     ,
                     and
                     if
                     any
                     thing
                     come
                     to
                     his
                     Memory
                     ,
                     he
                     is
                     to
                     deliver
                     it
                     in
                     betwixt
                     ▪
                     and
                     the
                     first
                     of
                     October
                     .
                     And
                     this
                     is
                     the
                     truth
                     ,
                     as
                     he
                     shall
                     answer
                     to
                     God.
                     
                  
                   
                     
                       William
                       Carstares
                       
                         PERTH
                         ,
                         Cancell
                      
                       .
                       I.
                       P.
                       D.
                       
                    
                  
                
              
            
          
           
             
               
                 
                   
                     
                       At
                       Edinburgh
                       ,
                       
                         the
                         22.
                         of
                         December
                         ,
                         1684.
                         
                      
                    
                  
                   
                     THese
                     foregoing
                     Depositions
                     ,
                     Subscribed
                     by
                     Mr.
                     
                       William
                       Carstares
                    
                     Deponent
                     ,
                     and
                     by
                     the
                     Lord
                     Chancellor
                     ,
                     were
                     acknowledged
                     on
                     Oath
                     by
                     the
                     said
                     Mr.
                     
                       William
                       Carstares
                    
                     ,
                     to
                     be
                     his
                     true
                     Depositions
                     ;
                     and
                     that
                     the
                     Subscriptions
                     were
                     his
                     ,
                     in
                     presence
                     of
                     us
                     Undersubscribers
                     .
                  
                   
                     
                       
                         
                           William
                           Carstares
                           .
                        
                         
                           PERTH
                           Cancell
                           .
                        
                         
                           David
                           Falconer
                           .
                        
                         
                           George
                           Mckenzie
                           ,
                        
                         
                           Queensberry
                           .
                        
                         
                           Athol
                           .
                        
                      
                    
                  
                
              
            
          
           
           
             HIs
             Majesties
             Advocat
             for
             further
             probation
             ,
             adduces
             the
             Examinations
             of
             Mr.
             Shepard
             ,
             taken
             before
             Sir
             
               Leolin
               Jenkins
            
             Secretary
             of
             State
             for
             England
             ,
             with
             the
             Information
             or
             Deposition
             of
             Mr.
             
               Zachary
               Bourn
            
             ,
             relating
             to
             the
             Plot
             ,
             sign'd
             by
             him
             and
             Secretary
             Jenkins
             ,
             of
             which
             Depositions
             the
             tenors
             follow
             .
          
           
             
               
                 
                   
                     
                       THe
                       Examination
                       of
                    
                     Thomas
                     Shepard
                     of
                     London
                     
                       Merchant
                       ,
                       taken
                       upon
                       Oath
                       before
                       the
                       Right
                       Honourable
                       Sir
                    
                     Leolin
                     Jenkins
                     
                       Knight
                       ,
                       His
                    
                     Majesties
                     
                       Principal
                       Secretary
                       of
                       State
                       ,
                       the
                       23.
                       day
                       of
                       December
                       .
                    
                     1683.
                     
                  
                   
                     THe
                     Deponent
                     saith
                     ,
                     That
                     Ferguson
                     told
                     him
                     on
                     ,
                     or
                     about
                     the
                     Moneth
                     of
                     April
                     last
                     ,
                     that
                     an
                     Insurrection
                     was
                     intended
                     both
                     in
                     England
                     and
                     in
                     Scotland
                     ,
                     and
                     that
                     for
                     the
                     settling
                     that
                     Affair
                     betwixt
                     the
                     two
                     Nations
                     ,
                     Mr.
                     Baillie
                     ,
                     Mr.
                     Monro
                     ,
                     Sir
                     
                       John
                       Cochran
                    
                     ,
                     Sir
                     Hugh
                     and
                     Sir
                     
                       George
                       Campbels
                    
                     ,
                     with
                     some
                     others
                     (
                     whose
                     names
                     this
                     Deponent
                     heard
                     not
                     )
                     were
                     come
                     to
                     London
                     .
                  
                   
                     That
                     the
                     Deponent
                     had
                     some
                     acquaintance
                     with
                     Mr.
                     Baillie
                     ,
                     Mr.
                     Monro
                     ,
                     and
                     Sir
                     
                       John
                       Cochran
                    
                     ,
                     and
                     none
                     at
                     all
                     with
                     Sir
                     Hugh
                     and
                     Sir
                     
                       George
                       Campbels
                    
                     ;
                     that
                     Mr.
                     Baillie
                     told
                     the
                     Deponent
                     ,
                     that
                     the
                     Earl
                     of
                     Argile
                     demanded
                     Thirty
                     Thousand
                     Pounds
                     of
                     the
                     English
                     to
                     capacitat
                     him
                     to
                     begin
                     the
                     business
                     effectually
                     in
                     Scotland
                     ,
                     and
                     that
                     he
                     the
                     said
                     Baillie
                     likewise
                     told
                     the
                     Deponent
                     ,
                     that
                     having
                     concerted
                     things
                     with
                     the
                     Lord
                     Russel
                     and
                     others
                     ,
                     he
                     the
                     said
                     Baillie
                     found
                     an
                     impossibility
                     of
                     raising
                     that
                     Sum
                     ;
                     After
                     which
                     the
                     said
                     Baillie
                     had
                     acquainted
                     the
                     Deponent
                     ,
                     that
                     they
                     were
                     certainly
                     promised
                     Ten
                     Thousand
                     Pounds
                     ,
                     which
                     Sum
                     was
                     agreed
                     to
                     be
                     payed
                     into
                     the
                     Deponents
                     hands
                     ,
                     in
                     order
                     to
                     be
                     remitted
                     into
                     Holland
                     ,
                     for
                     the
                     providing
                     of
                     Arms
                     ;
                     and
                     that
                     the
                     said
                     Baillie
                     told
                     the
                     Deponent
                     at
                     divers
                     times
                     ,
                     that
                     the
                     said
                     Sum
                     ,
                     or
                     at
                     least
                     one
                     half
                     of
                     it
                     would
                     be
                     payed
                     such
                     a
                     day
                     ,
                     and
                     such
                     a
                     day
                     ;
                     and
                     sometimes
                     asked
                     the
                     Deponent
                     ,
                     if
                     he
                     had
                     received
                     any
                     part
                     of
                     the
                     said
                     Money
                     ,
                     to
                     which
                     the
                     Deponent
                     replyed
                     that
                     he
                     had
                     not
                     ,
                     and
                     that
                     he
                     the
                     Deponent
                     scarce
                     thought
                     any
                     would
                     be
                     payed
                     .
                  
                   
                     And
                     the
                     Deponent
                     also
                     saith
                     ,
                     that
                     having
                     had
                     some
                     little
                     conversation
                     with
                     Sir
                     
                       John
                       Cochran
                    
                     ,
                     he
                     remembers
                     well
                     ,
                     that
                     both
                     of
                     them
                     did
                     sometimes
                     lament
                     the
                     delays
                     in
                     not
                     paying
                     in
                     the
                     Money
                     ,
                     and
                     said
                     ,
                     that
                     although
                     the
                     said
                     Ten
                     thousand
                     Pounds
                     were
                     pay'd
                     in
                     ,
                     they
                     ,
                     the
                     said
                     Sir
                     
                       John
                       Cochran
                    
                     and
                     Mr.
                     Monro
                     ,
                     fear'd
                     it
                     would
                     be
                     too
                     little
                     ;
                     and
                     this
                     Deponent
                     further
                     sayeth
                     not
                     ,
                     as
                     to
                     any
                     new
                     matter
                     .
                     But
                     the
                     Deponent
                     being
                     asked
                     ,
                     to
                     Explain
                     what
                     he
                     thought
                     was
                     meant
                     by
                     the
                     words
                     above
                     written
                     ,
                     vi●s
                     ,
                     to
                     capacitat
                     him
                     (
                     the
                     Earl
                     of
                     Argile
                     )
                     to
                     begin
                     the
                     business
                     ,
                     he
                     ,
                     this
                     Deponent
                     sayeth
                     ,
                     that
                     he
                     did
                     understand
                     by
                     the
                     Word
                     business
                     ,
                     an
                     Insurrection
                     in
                     
                       Scotland
                       .
                       Sic.
                       subscribitur
                    
                     ,
                  
                   
                     
                       Thomas
                       Shepard
                       .
                    
                     Jurat
                     coram
                     .
                     
                       L.
                       Jenkins
                       .
                    
                  
                
              
            
          
           
             
               
                 
                   
                   
                     THe
                     Information
                     of
                     
                       Zachary
                       Bourn
                    
                     of
                     London
                     ,
                     Brewer
                     ▪
                     taken
                     upon
                     Oath
                     ,
                     the
                     tenth
                     day
                     of
                     December
                     1683.
                     before
                     the
                     Right
                     honourable
                     Mr.
                     Secretary
                     Jenkins
                     .
                  
                   
                     THe
                     Informant
                     Deposeth
                     ,
                     and
                     sayeth
                     ,
                     that
                     Mr.
                     Baillie
                     sat
                     up
                     one
                     Night
                     ,
                     if
                     not
                     two
                     ,
                     with
                     Mr.
                     Ferguson
                     ,
                     and
                     went
                     several
                     times
                     in
                     the
                     Evening
                     with
                     him
                     to
                     the
                     Duke
                     of
                     Monmouth
                     ,
                     and
                     the
                     chief
                     mannagers
                     of
                     the
                     Conspiracy
                     ;
                     That
                     Ferguson
                     told
                     the
                     Deponent
                     ,
                     that
                     he
                     the
                     said
                     Baillie
                     was
                     the
                     chief
                     man
                     for
                     the
                     Scots
                     ,
                     next
                     to
                     the
                     Lord
                     Argile
                     ;
                     that
                     the
                     said
                     ,
                     Baillie
                     did
                     sit
                     up
                     the
                     greatest
                     part
                     of
                     one
                     night
                     ,
                     with
                     the
                     said
                     Ferguson
                     ;
                     at
                     which
                     time
                     this
                     Deponent
                     believeth
                     they
                     were
                     busie
                     in
                     preparing
                     the
                     intended
                     Declaration
                     ,
                     which
                     the
                     Deponent
                     has
                     the
                     more
                     reason
                     to
                     believe
                     ,
                     in
                     as
                     much
                     as
                     the
                     said
                     Ferguson
                     did
                     go
                     about
                     to
                     show
                     him
                     the
                     Deponent
                     ,
                     such
                     a
                     Paper
                     ,
                     wherein
                     the
                     said
                     Ferguson
                     was
                     hindered
                     by
                     the
                     coming
                     up
                     Stairs
                     of
                     some
                     person
                     ,
                     to
                     speak
                     with
                     the
                     said
                     Ferguson
                     ,
                     that
                     the
                     said
                     Ferguson
                     told
                     the
                     Deponent
                     ,
                     that
                     the
                     main
                     business
                     of
                     the
                     said
                     Baillie
                     ,
                     in
                     meeting
                     the
                     saids
                     Conspirators
                     ,
                     was
                     in
                     order
                     to
                     get
                     from
                     them
                     the
                     Ten
                     thousand
                     Pounds
                     ,
                     promised
                     for
                     the
                     buying
                     of
                     Arms
                     ;
                     for
                     the
                     Insurrection
                     intended
                     in
                     Scotland
                     .
                  
                   
                     That
                     the
                     Deponent
                     saw
                     Mr.
                     
                       William
                       Carstares
                    
                     come
                     often
                     to
                     the
                     Lodgings
                     of
                     the
                     said
                     Ferguson
                     ;
                     but
                     that
                     the
                     said
                     Ferguson
                     never
                     told
                     the
                     Deponent
                     of
                     any
                     Discourse
                     held
                     by
                     him
                     with
                     the
                     said
                     Carstares
                     :
                     and
                     further
                     this
                     Deponent
                     saith
                     not
                     .
                     
                       sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       Zac.
                       Bourn
                       .
                       Jurat
                       coram
                       .
                       L.
                       Jenkins
                       .
                    
                  
                
              
            
          
           
             HIs
             Majesties
             Advocat
             likewise
             produced
             several
             Warrands
             ,
             and
             Papers
             to
             prove
             ,
             that
             those
             Depositions
             are
             sign'd
             by
             Sir
             
               Leolin
               Jenkins
            
             .
          
           
             HIs
             Majesties
             Advocat
             also
             produced
             the
             Books
             of
             Adjournal
             ,
             bearing
             Mr.
             
               William
               Veitch
            
             to
             be
             a
             Forefault
             Traitor
             ,
             and
             the
             Act
             of
             Parliament
             whereby
             the
             Forefaulture
             is
             Ratified
             .
          
           
             
               
                 
                   
                     His
                     Majesties
                     Advocat's
                     Speech
                     to
                     the
                     Inquest
                     .
                  
                   
                     
                       My
                       Lords
                       and
                       Gentlemen
                       ,
                    
                  
                   
                     YOu
                     have
                     now
                     a
                     Conspiracy
                     against
                     His
                     Majesties
                     Sacred
                     Person
                     ,
                     and
                     Royal
                     Government
                     ,
                     so
                     fully
                     discover'd
                     ,
                     that
                     they
                     must
                     want
                     Reason
                     as
                     well
                     as
                     Loyalty
                     ,
                     who
                     do
                     not
                     believe
                     the
                     Discovery
                     ;
                     and
                     they
                     must
                     be
                     enemies
                     to
                     sincerity
                     ,
                     as
                     well
                     as
                     to
                     the
                     King
                     ,
                     who
                     do
                     not
                     acknowledge
                     it
                     .
                     Beside
                     ,
                     that
                     the
                     Councils
                     of
                     all
                     the
                     three
                     Nations
                     ,
                     thought
                     the
                     proof
                     sufficient
                     ,
                     for
                     Indicting
                     
                     a
                     General
                     Thanksgiving
                     through
                     all
                     these
                     Nations
                     ;
                     and
                     that
                     the
                     Judges
                     of
                     England
                     thought
                     the
                     same
                     strong
                     enough
                     to
                     infer
                     Forefaulture
                     of
                     Life
                     and
                     Estate
                     ,
                     against
                     some
                     of
                     all
                     Ranks
                     there
                     ;
                     you
                     have
                     a
                     Discovery
                     made
                     here
                     from
                     the
                     late
                     E.
                     of
                     Argiles
                     own
                     Letters
                     ,
                     and
                     the
                     Confession
                     of
                     his
                     own
                     Emissaries
                     ,
                     the
                     two
                     surest
                     proofs
                     that
                     Law
                     ever
                     invented
                     ,
                     or
                     the
                     nature
                     of
                     Humane
                     Affairs
                     can
                     allow
                     ;
                     and
                     I
                     am
                     this
                     day
                     to
                     add
                     to
                     all
                     this
                     ,
                     a
                     new
                     Sett
                     of
                     Proofs
                     in
                     the
                     Process
                     that
                     I
                     now
                     lead
                     against
                     this
                     Pannal
                     ,
                     from
                     the
                     Confessions
                     of
                     Noblemen
                     and
                     Gentlemen
                     ,
                     who
                     have
                     been
                     engaged
                     in
                     this
                     wicked
                     Conspiracy
                     ;
                     and
                     who
                     from
                     a
                     sense
                     of
                     their
                     Guilt
                     ,
                     are
                     content
                     freely
                     to
                     Depose
                     against
                     their
                     nearest
                     Relation
                     ,
                     and
                     their
                     most
                     intimate
                     Friend
                     ,
                     in
                     which
                     having
                     thus
                     cleared
                     to
                     you
                     ,
                     that
                     there
                     was
                     really
                     such
                     a
                     Conspiracy
                     ,
                     I
                     shall
                     ,
                     in
                     the
                     next
                     place
                     ,
                     proceed
                     to
                     prove
                     this
                     Pannals
                     Accession
                     to
                     it
                     .
                  
                   
                     It
                     cannot
                     be
                     imagined
                     ,
                     that
                     we
                     would
                     willingly
                     involve
                     our
                     Countrey
                     men
                     in
                     it
                     ,
                     without
                     a
                     Conviction
                     stronger
                     then
                     our
                     kindness
                     to
                     Scotland
                     ;
                     nor
                     did
                     His
                     Majesties
                     Servants
                     accuse
                     this
                     Pannal
                     ,
                     without
                     the
                     opinion
                     of
                     the
                     ablest
                     Lawyers
                     of
                     the
                     Kingdom
                     ,
                     who
                     did
                     ▪
                     with
                     them
                     concur
                     ,
                     to
                     think
                     that
                     there
                     was
                     not
                     the
                     least
                     occasision
                     of
                     doubting
                     left
                     ,
                     to
                     the
                     most
                     indifferent
                     Inqueist
                     of
                     his
                     guilt
                     ,
                     after
                     they
                     had
                     seriously
                     ,
                     and
                     with
                     reflection
                     ,
                     read
                     over
                     ,
                     and
                     pondered
                     the
                     probation
                     now
                     laid
                     before
                     you
                     :
                  
                   
                     The
                     Person
                     accused
                     of
                     accession
                     to
                     this
                     Cryme
                     is
                     the
                     Ring-leader
                     of
                     all
                     those
                     ,
                     who
                     in
                     this
                     Kingdom
                     concurr'd
                     with
                     the
                     English
                     Conspirators
                     ,
                     as
                     you
                     may
                     see
                     by
                     the
                     Testimonies
                     of
                     all
                     who
                     have
                     Deposed
                     ;
                     and
                     it
                     was
                     indeed
                     sit
                     and
                     just
                     to
                     begin
                     with
                     the
                     most
                     guilty
                     ,
                     so
                     that
                     if
                     he
                     be
                     not
                     convicted
                     ,
                     there
                     should
                     no
                     man
                     be
                     punished
                     for
                     this
                     Conspiracie
                     ;
                     all
                     the
                     noise
                     we
                     have
                     heard
                     of
                     it
                     ,
                     is
                     but
                     a
                     Cheat
                     ,
                     the
                     Kings
                     Judges
                     have
                     been
                     Murderers
                     ,
                     all
                     the
                     Witnesses
                     have
                     been
                     Knaves
                     ,
                     and
                     such
                     as
                     dyed
                     for
                     it
                     have
                     been
                     Martyrs
                     .
                  
                   
                     The
                     Accession
                     charged
                     on
                     this
                     Pannal
                     ,
                     is
                     not
                     an
                     accidental
                     escape
                     ,
                     nor
                     is
                     it
                     proved
                     by
                     Witnesses
                     ,
                     who
                     can
                     be
                     suspected
                     of
                     unkindnes
                     to
                     his
                     Person
                     ,
                     or
                     his
                     Cause
                     ,
                     for
                     it
                     is
                     a
                     long
                     tract
                     of
                     a
                     continued
                     design
                     ,
                     gone
                     about
                     with
                     the
                     greatest
                     deliberation
                     and
                     concern
                     imaginable
                     ,
                     and
                     proved
                     by
                     his
                     nearest
                     Relations
                     ,
                     and
                     persons
                     so
                     deeply
                     engadged
                     in
                     that
                     Cause
                     ,
                     (
                     for
                     which
                     he
                     Suffers
                     ,
                     )
                     that
                     they
                     were
                     content
                     with
                     him
                     to
                     venture
                     their
                     Lives
                     and
                     Fortunes
                     in
                     that
                     quarrel
                     .
                     He
                     is
                     not
                     accused
                     of
                     a
                     Crime
                     that
                     can
                     amount
                     only
                     to
                     a
                     single
                     Murder
                     ,
                     though
                     that
                     be
                     a
                     dreadful
                     Cryme
                     ,
                     but
                     a
                     Rebellion
                     ,
                     which
                     was
                     to
                     draw
                     upon
                     us
                     a
                     Civil
                     War
                     ,
                     that
                     Murder
                     of
                     Murders
                     ,
                     in
                     which
                     hundreths
                     of
                     thousands
                     were
                     to
                     fall
                     ;
                     and
                     to
                     Crown
                     all
                     ,
                     he
                     was
                     to
                     begin
                     ,
                     and
                     to
                     be
                     the
                     chief
                     promoter
                     of
                     a
                     Rebellion
                     ,
                     in
                     which
                     one
                     of
                     the
                     first
                     steps
                     was
                     to
                     kill
                     His
                     Sacred
                     Majestie
                     ,
                     and
                     his
                     Royal
                     Brother
                     ;
                     and
                     one
                     of
                     the
                     chief
                     Witnesses
                     which
                     I
                     have
                     led
                     against
                     him
                     ,
                     is
                     Bourn
                     ,
                     which
                     Bourn
                     confessed
                     that
                     he
                     was
                     to
                     kill
                     the
                     King
                     ,
                     and
                     who
                     confesses
                     the
                     Pannal
                     sat
                     up
                     several
                     nights
                     with
                     Ferguson
                     ,
                     the
                     other
                     contriver
                     of
                     the
                     Kings
                     Murder
                     ,
                     and
                     so
                     familiar
                     was
                     he
                     with
                     him
                     ,
                     that
                     
                     Bourn
                     depons
                     ,
                     that
                     the
                     said
                     Pannal
                     had
                     been
                     with
                     
                       Ferguson
                       ▪
                    
                     at
                     the
                     drawing
                     of
                     the
                     manifesto
                     ,
                     whereby
                     he
                     was
                     not
                     only
                     to
                     be
                     an
                     Actor
                     ,
                     but
                     to
                     be
                     the
                     Justifier
                     of
                     that
                     horrid
                     Villanie
                     :
                     and
                     therefore
                     Bourns
                     depons
                     ,
                     that
                     Ferguson
                     ,
                     (
                     the
                     best
                     Judge
                     in
                     that
                     case
                     )
                     looked
                     upon
                     him
                     as
                     the
                     chief
                     man
                     ,
                     next
                     to
                     Argyle
                     ;
                     But
                     because
                     no
                     man
                     is
                     presumed
                     to
                     go
                     to
                     such
                     a
                     hight
                     ,
                     without
                     previous
                     inclination
                     and
                     motives
                     ,
                     I
                     shall
                     to
                     convince
                     you
                     ,
                     that
                     this
                     Gentleman
                     was
                     very
                     capable
                     of
                     all
                     that
                     was
                     lybelled
                     against
                     him
                     ,
                     remember
                     you
                     ,
                     that
                     he
                     is
                     Nephew
                     ,
                     and
                     Son
                     in
                     Law
                     to
                     the
                     late
                     War●stoun
                     ,
                     bred
                     up
                     in
                     his
                     Family
                     and
                     under
                     his
                     Tutory
                     ;
                     about
                     the
                     time
                     of
                     this
                     Plot
                     it
                     was
                     undenyably
                     known
                     ,
                     and
                     is
                     now
                     sufficiently
                     proved
                     ,
                     by
                     two
                     present
                     Witnesses
                     ,
                     the
                     Earl
                     of
                     Tarras
                     and
                     Commissar
                     Monro
                     ,
                     that
                     he
                     thought
                     himself
                     desperat
                     ,
                     knowing
                     himself
                     to
                     be
                     guilty
                     of
                     Treason
                     by
                     Blackwoods
                     Case
                     ;
                     and
                     as
                     it
                     's
                     presumable
                     ,
                     that
                     a
                     man
                     that
                     's
                     guilty
                     of
                     one
                     point
                     of
                     Treason
                     ,
                     will
                     commit
                     another
                     ;
                     so
                     when
                     a
                     man
                     is
                     desperat
                     as
                     to
                     his
                     Life
                     and
                     Fortune
                     ,
                     he
                     is
                     capable
                     of
                     any
                     thing
                     ;
                     he
                     was
                     likewise
                     animated
                     to
                     commit
                     this
                     Cryme
                     ,
                     by
                     the
                     intelligence
                     he
                     had
                     that
                     there
                     was
                     a
                     Plot
                     in
                     England
                     ,
                     carryed
                     on
                     by
                     men
                     of
                     so
                     great
                     Parts
                     ,
                     Fortune
                     and
                     Influence
                     ,
                     and
                     by
                     the
                     too
                     probable
                     hopes
                     ,
                     that
                     they
                     would
                     get
                     all
                     the
                     Western
                     Shires
                     to
                     joyn
                     with
                     them
                     here
                     ,
                     because
                     of
                     the
                     common
                     guilt
                     ,
                     in
                     which
                     they
                     had
                     engadged
                     themselves
                     ,
                     by
                     their
                     late
                     extravagances
                     ,
                     they
                     made
                     and
                     account
                     of
                     an
                     assistance
                     of
                     twenty
                     thousand
                     men
                     ;
                     and
                     by
                     Philiphaughs
                     Deposition
                     ,
                     that
                     these
                     Gentlemen
                     expected
                     the
                     concurse
                     of
                     the
                     Southern-Shires
                     ;
                     and
                     thus
                     ,
                     I
                     am
                     to
                     prove
                     to
                     you
                     a
                     Cryme
                     ,
                     which
                     is
                     in
                     it self
                     ,
                     so
                     probable
                     and
                     liklie
                     ,
                     that
                     it
                     should
                     need
                     little
                     probation
                     ,
                     tho
                     I
                     have
                     adduced
                     for
                     your
                     conviction
                     sufficient
                     evidences
                     ,
                     albeit
                     the
                     Cryme
                     were
                     in
                     it self
                     very
                     unliklie
                     .
                  
                   
                     The
                     Crymes
                     which
                     I
                     hope
                     I
                     have
                     proved
                     ,
                     are
                     ,
                     That
                     Jerviswood
                     the
                     Pannal
                     transacted
                     for
                     Money
                     to
                     the
                     late
                     Earl
                     of
                     Argyl
                     ,
                     a
                     declared
                     Traitor
                     .
                     2.
                     
                     That
                     he
                     designed
                     to
                     raise
                     a
                     Rebellion
                     .
                     3.
                     
                     That
                     he
                     intercommuned
                     with
                     the
                     Earl
                     of
                     Argyle
                     and
                     Mr.
                     Veitch
                     declared
                     Traitors
                     .
                     4.
                     
                     That
                     he
                     was
                     present
                     ,
                     where
                     it
                     was
                     treated
                     ,
                     either
                     that
                     Argyle
                     should
                     have
                     Money
                     from
                     the
                     English
                     and
                     assistance
                     from
                     Scotland
                     ,
                     or
                     that
                     a
                     Rebellion
                     should
                     be
                     raised
                     ,
                     and
                     that
                     he
                     did
                     not
                     reveal
                     the
                     samine
                     ;
                     and
                     all
                     these
                     being
                     found
                     relevant
                     separatim
                     ,
                     it
                     is
                     sufficient
                     for
                     me
                     to
                     have
                     proved
                     any
                     one
                     of
                     them
                     .
                     And
                     if
                     a
                     Gentleman
                     was
                     lately
                     found
                     guilty
                     of
                     High-Treason
                     ,
                     by
                     the
                     opinion
                     of
                     all
                     the
                     Lords
                     of
                     Session
                     ,
                     for
                     not
                     revealing
                     ,
                     that
                     Sir
                     
                       John
                       Cochran
                    
                     sought
                     fifty
                     pound
                     Sterling
                     from
                     him
                     ,
                     though
                     he
                     refused
                     the
                     same
                     ,
                     and
                     tho
                     he
                     believed
                     ,
                     it
                     was
                     sought
                     for
                     a
                     charitable
                     subsistance
                     to
                     preserve
                     him
                     from
                     starving
                     ;
                     what
                     deserves
                     this
                     Pannal
                     ,
                     who
                     sought
                     thirty
                     thousand
                     pound
                     sterling
                     ,
                     to
                     buy
                     him
                     Arms
                     ,
                     to
                     invade
                     his
                     Native
                     Countrey
                     ?
                  
                   
                     That
                     Jerviswood
                     was
                     designing
                     to
                     carry
                     on
                     a
                     Rebellion
                     ,
                     or
                     at
                     least
                     was
                     accessory
                     ,
                     or
                     (
                     as
                     our
                     Law
                     terms
                     it
                     )
                     was
                     
                       Art
                       and
                       Part
                    
                     thereof
                     ,
                     is
                     clearly
                     prov'd
                     ;
                     but
                     that
                     in
                     this
                     occult
                     and
                     hidden
                     Crime
                     ,
                     which
                     uses
                     not
                     to
                     be
                     prov'd
                     by
                     clear
                     witnesses
                     ;
                     I
                     may
                     lead
                     you
                     thorow
                     all
                     the
                     steps
                     of
                     the
                     Probation
                     ,
                     which
                     like
                     the
                     links
                     
                     of
                     a
                     Chain
                     ,
                     hang
                     upon
                     one
                     another
                     .
                     You
                     will
                     be
                     pleased
                     to
                     consider
                     ,
                     that
                     1.
                     
                     It
                     is
                     proved
                     that
                     he
                     desired
                     a
                     blind
                     Commission
                     to
                     go
                     to
                     England
                     ,
                     not
                     to
                     manage
                     the
                     affairs
                     of
                     the
                     Carolina
                     Company
                     ,
                     as
                     he
                     confess'd
                     ,
                     
                       but
                       to
                       push
                       the
                       People
                       of
                    
                     England
                     
                       to
                       do
                       something
                       for
                       themselves
                       ,
                       because
                       they
                       did
                       only
                       talk
                       and
                       not
                       do
                    
                     ;
                     and
                     what
                     he
                     would
                     have
                     them
                     to
                     do
                     ,
                     appears
                     too
                     clearly
                     ,
                     because
                     he
                     tells
                     the
                     Earl
                     of
                     Tarras
                     it
                     was
                     probable
                     ,
                     
                       that
                       if
                       the
                       King
                       were
                       briskly
                       put
                       to
                       it
                       by
                       the
                       Parliament
                       of
                    
                     England
                     ,
                     
                       he
                       would
                       consent
                       to
                       exclude
                       the
                       Duke
                       from
                       the
                       Succession
                       :
                    
                     here
                     is
                     not
                     only
                     a
                     Treasonable
                     Design
                     ,
                     (
                     though
                     a
                     design
                     be
                     sufficient
                     in
                     Treason
                     )
                     but
                     here
                     are
                     express
                     acts
                     of
                     Treason
                     proved
                     ,
                     viz.
                     The
                     treating
                     with
                     the
                     Earl
                     of
                     Tarras
                     upon
                     this
                     Design
                     ,
                     the
                     settling
                     a
                     Correspondence
                     with
                     him
                     for
                     the
                     prosecution
                     of
                     it
                     ,
                     and
                     the
                     writing
                     Letters
                     from
                     London
                     to
                     him
                     concerning
                     it
                     ,
                     and
                     the
                     sending
                     down
                     Mr.
                     Martin
                     to
                     compleat
                     it
                     by
                     a
                     general
                     Rising
                     :
                     As
                     he
                     design'd
                     to
                     push
                     on
                     the
                     English
                     ,
                     so
                     he
                     prosecutes
                     closely
                     this
                     Design
                     upon
                     all
                     occasions
                     .
                     On
                     the
                     Road
                     he
                     complains
                     cunningly
                     and
                     bitterly
                     ,
                     that
                     our
                     Lives
                     ,
                     Laws
                     and
                     Liberties
                     ,
                     and
                     the
                     Protestant
                     Religion
                     were
                     in
                     danger
                     ,
                     the
                     stile
                     and
                     method
                     of
                     all
                     such
                     as
                     design
                     to
                     Rebel
                     ;
                     after
                     he
                     arrives
                     at
                     London
                     ,
                     he
                     engages
                     the
                     Conspirators
                     there
                     to
                     assist
                     the
                     late
                     Earl
                     of
                     
                       Argile
                       ▪
                    
                     a
                     declar'd
                     Traitor
                     ,
                     with
                     Money
                     to
                     buy
                     Arms
                     ;
                     this
                     was
                     indeed
                     to
                     push
                     the
                     English
                     to
                     do
                     the
                     most
                     dangerous
                     things
                     by
                     the
                     most
                     dangerous
                     man
                     ▪
                     and
                     in
                     the
                     most
                     dangerous
                     methods
                     .
                     He
                     enters
                     also
                     in
                     a
                     strict
                     Correspondence
                     with
                     Ferguson
                     the
                     Contriver
                     ▪
                     with
                     Shepard
                     the
                     Thesaurer
                     ,
                     and
                     Carstares
                     the
                     Chaplain
                     of
                     the
                     Conspiracy
                     .
                  
                   
                     
                       Alexander
                       Monro
                    
                     another
                     present
                     Witness
                     ,
                     proves
                     that
                     he
                     argued
                     with
                     him
                     ,
                     that
                     it
                     was
                     necessary
                     to
                     give
                     Argile
                     Money
                     expressly
                     for
                     carrying
                     on
                     the
                     Rebellion
                     ,
                     and
                     that
                     they
                     did
                     meet
                     at
                     Jerviswoods
                     Chamber
                     where
                     this
                     was
                     spoke
                     of
                     ,
                     and
                     from
                     which
                     Mr.
                     
                       Robert
                       Martin
                    
                     was
                     sent
                     to
                     their
                     Friends
                     in
                     Scotland
                     to
                     know
                     what
                     they
                     would
                     do
                     ;
                     and
                     though
                     the
                     silly
                     caution
                     was
                     ,
                     that
                     they
                     sent
                     him
                     to
                     prevent
                     their
                     rising
                     ,
                     yet
                     a
                     man
                     must
                     renounce
                     common
                     sense
                     ,
                     not
                     to
                     see
                     that
                     the
                     design
                     was
                     to
                     incite
                     them
                     to
                     Rebellion
                     ,
                     and
                     to
                     prevent
                     only
                     their
                     doing
                     any
                     thing
                     in
                     this
                     rebellious
                     design
                     ,
                     by
                     which
                     they
                     might
                     lose
                     themselves
                     in
                     a
                     too
                     early
                     and
                     abortive
                     Insurrection
                     here
                     ,
                     till
                     things
                     were
                     ready
                     in
                     England
                     .
                     For
                     ,
                     1.
                     
                     This
                     Comission
                     was
                     given
                     him
                     in
                     a
                     place
                     ,
                     and
                     by
                     a
                     Company
                     who
                     had
                     been
                     themselves
                     treating
                     immediatly
                     before
                     of
                     sending
                     Money
                     to
                     the
                     late
                     E.
                     of
                     Argile
                     to
                     buy
                     Arms
                     ,
                     and
                     certainly
                     those
                     Arms
                     were
                     to
                     be
                     bought
                     for
                     Men
                     ,
                     and
                     not
                     for
                     a
                     Magazine
                     .
                     2.
                     
                     They
                     were
                     treating
                     how
                     many
                     Men
                     could
                     be
                     raised
                     in
                     
                       Scotland
                       .
                       3.
                       
                       Carstares
                    
                     Deposition
                     bears
                     ,
                     that
                     Martin
                     was
                     sent
                     to
                     hinder
                     rash
                     Resolutions
                     ,
                     till
                     they
                     saw
                     how
                     Matters
                     went
                     in
                     England
                     ,
                     and
                     the
                     return
                     to
                     their
                     Embassy
                     bore
                     ,
                     that
                     it
                     would
                     not
                     be
                     an
                     easie
                     matter
                     to
                     get
                     the
                     Gentry
                     of
                     Scotland
                     to
                     concur
                     ;
                     but
                     afterwards
                     better
                     hopes
                     of
                     their
                     rising
                     was
                     given
                     ,
                     which
                     could
                     not
                     have
                     been
                     ,
                     if
                     the
                     true
                     Commission
                     had
                     not
                     been
                     to
                     raise
                     Scotland
                     .
                     4.
                     
                     That
                     Sir
                     
                       John
                       Cochran
                    
                     made
                     a
                     Speech
                     to
                     that
                     purpose
                     ,
                     is
                     expressly
                     prov'd
                     ,
                     and
                     that
                     Jerviswood
                     spoke
                     to
                     the
                     same
                     purpose
                     ,
                     is
                     prov'd
                     by
                     a
                     necessary
                     consequence
                     ;
                     for
                     since
                     it
                     's
                     prov'd
                     that
                     he
                     spoke
                     ,
                     and
                     that
                     he
                     did
                     not
                     speak
                     against
                     it
                     ,
                     it
                     must
                     necessarily
                     follow
                     that
                     he
                     spoke
                     for
                     it
                     ,
                     though
                     the
                     Witness
                     is
                     so
                     cautious
                     ,
                     
                     that
                     he
                     cannot
                     condescend
                     upon
                     the
                     words
                     now
                     after
                     so
                     long
                     a
                     time
                     ;
                     and
                     it
                     is
                     against
                     Sense
                     to
                     think
                     ,
                     that
                     Jerviswood
                     who
                     in
                     privat
                     press'd
                     the
                     same
                     so
                     much
                     upon
                     Commissar
                     Monro
                     ,
                     and
                     who
                     was
                     the
                     Deacon-Conveener
                     here
                     ,
                     and
                     who
                     ,
                     as
                     Mr.
                     Martin
                     their
                     Envoy
                     declared
                     ,
                     was
                     the
                     person
                     who
                     was
                     to
                     be
                     sent
                     for
                     the
                     Arms
                     ,
                     should
                     not
                     himself
                     have
                     been
                     the
                     most
                     forward
                     man
                     in
                     that
                     Design
                     ,
                     but
                     above
                     all
                     
                       exitus
                       acta
                       probat
                    
                     ,
                     this
                     Commissioner
                     ,
                     (
                     who
                     being
                     a
                     meer
                     Servant
                     ,
                     durst
                     not
                     have
                     proposed
                     any
                     thing
                     from
                     himself
                     ,
                     being
                     a
                     mean
                     Person
                     ,
                     and
                     being
                     one
                     ,
                     who
                     ,
                     as
                     the
                     Earl
                     of
                     Tarras
                     deposes
                     ,
                     would
                     say
                     nothing
                     ,
                     but
                     what
                     was
                     in
                     his
                     Paper
                     :
                     )
                     does
                     expresly
                     declare
                     ,
                     that
                     he
                     came
                     from
                     Jerviswood
                     and
                     others
                     ;
                     and
                     in
                     the
                     meeting
                     with
                     him
                     ,
                     a
                     Rebellion
                     is
                     actually
                     formed
                     ,
                     and
                     it
                     is
                     resolved
                     ,
                     they
                     should
                     seize
                     the
                     King's
                     Officers
                     of
                     State
                     ,
                     Garisons
                     ,
                     and
                     Forces
                     ,
                     and
                     that
                     they
                     should
                     joyn
                     with
                     the
                     late
                     E.
                     of
                     Argyle
                     ,
                     and
                     put
                     their
                     own
                     Forces
                     in
                     a
                     condition
                     to
                     joyn
                     with
                     these
                     Forces
                     that
                     were
                     to
                     come
                     from
                     England
                     ,
                     and
                     they
                     gave
                     a
                     Sign
                     ,
                     and
                     a
                     Word
                     ,
                     which
                     uses
                     only
                     to
                     be
                     done
                     in
                     actual
                     War
                     ;
                     So
                     here
                     is
                     Treason
                     clearly
                     prov'd
                     ,
                     by
                     two
                     present
                     Witnesses
                     ,
                     from
                     the
                     first
                     Design
                     to
                     it's
                     last
                     perfection
                     .
                  
                   
                     Nor
                     can
                     it
                     be
                     objected
                     ,
                     that
                     they
                     are
                     not
                     concurring
                     Witnesses
                     ,
                     but
                     
                       testes
                       singulares
                    
                     upon
                     separat
                     Acts
                     ,
                     for
                     in
                     reiterable
                     Crimes
                     ,
                     Witnesses
                     deposing
                     upon
                     different
                     Acts
                     ;
                     do
                     prove
                     if
                     the
                     deeds
                     tend
                     to
                     the
                     same
                     end
                     ;
                     as
                     for
                     instance
                     ,
                     if
                     one
                     Witnes
                     should
                     depose
                     ,
                     that
                     they
                     saw
                     a
                     Traitor
                     sit
                     in
                     a
                     Council
                     of
                     War
                     ,
                     in
                     one
                     place
                     ,
                     and
                     in
                     another
                     place
                     ,
                     they
                     saw
                     him
                     in
                     Arms
                     ,
                     or
                     that
                     one
                     saw
                     him
                     assist
                     at
                     a
                     Proclamation
                     in
                     one
                     place
                     ,
                     and
                     saw
                     him
                     in
                     Arms
                     in
                     another
                     ;
                     or
                     that
                     one
                     saw
                     him
                     writ
                     a
                     Treasonable
                     Paper
                     ,
                     and
                     another
                     saw
                     him
                     use
                     it
                     ;
                     These
                     Witnesses
                     are
                     still
                     considered
                     as
                     contestes
                     ,
                     or
                     concurring
                     Witnesses
                     ,
                     and
                     ten
                     or
                     twelve
                     Inqueists
                     have
                     so
                     found
                     ,
                     and
                     upon
                     their
                     Verdict
                     ,
                     Rebells
                     have
                     been
                     lately
                     hang'd
                     .
                     The
                     learn'd
                     Judges
                     of
                     England
                     being
                     all
                     met
                     together
                     did
                     expresly
                     find
                     ,
                     that
                     one
                     Witnes
                     proving
                     ,
                     that
                     A.
                     B.
                     said
                     ,
                     that
                     he
                     was
                     going
                     to
                     buy
                     a
                     Knife
                     to
                     kill
                     the
                     King
                     ,
                     and
                     another
                     deposing
                     ,
                     that
                     he
                     saw
                     him
                     buy
                     a
                     Knife
                     ,
                     without
                     telling
                     for
                     what
                     ,
                     that
                     these
                     two
                     Witnesses
                     were
                     contestes
                     ,
                     and
                     prov'd
                     sufficiently
                     the
                     Cryme
                     of
                     Treason
                     ,
                     yet
                     there
                     the
                     one
                     Witnes
                     ,
                     prov'd
                     only
                     a
                     remote
                     Design
                     ,
                     and
                     the
                     other
                     an
                     Act
                     ,
                     which
                     was
                     indifferent
                     of
                     it's
                     own
                     nature
                     ,
                     and
                     became
                     only
                     Treasonable
                     by
                     the
                     Connexion
                     ;
                     But
                     no
                     VVitnesses
                     ever
                     Deposed
                     upon
                     things
                     so
                     coherent
                     ,
                     and
                     so
                     connected
                     together
                     ,
                     as
                     these
                     do
                     ,
                     for
                     they
                     depose
                     still
                     upon
                     the
                     same
                     person
                     ,
                     carrying
                     on
                     the
                     same
                     Design
                     of
                     a
                     Rebellion
                     ;
                     as
                     to
                     which
                     ,
                     in
                     one
                     place
                     ,
                     he
                     is
                     exciting
                     his
                     own
                     Nephew
                     ,
                     and
                     telling
                     him
                     his
                     Resolutions
                     ,
                     and
                     settling
                     a
                     Correspondence
                     with
                     him
                     ,
                     at
                     another
                     time
                     ,
                     he
                     presses
                     Commissar
                     Monro
                     to
                     the
                     same
                     Rebellion
                     .
                     At
                     a
                     third
                     ,
                     He
                     holds
                     a
                     meeting
                     at
                     his
                     own
                     Chamber
                     ,
                     and
                     speaks
                     concerning
                     it
                     ,
                     and
                     from
                     that
                     meeting
                     ,
                     he
                     sends
                     a
                     Trusty
                     ,
                     who
                     formes
                     the
                     Rebellion
                     .
                     Besides
                     all
                     this
                     ,
                     tho
                     two
                     VVitnesses
                     be
                     sufficient
                     ,
                     I
                     have
                     adduced
                     Mr.
                     
                       William
                       Carstares
                    
                     Chief
                     Conspirator
                     ,
                     and
                     who
                     choos'd
                     rather
                     to
                     suffer
                     violent
                     Torture
                     ,
                     than
                     to
                     disclose
                     it
                     ,
                     he
                     likewise
                     Deposes
                     upon
                     all
                     these
                     steps
                     ,
                     and
                     connects
                     them
                     together
                     ,
                     and
                     this
                     his
                     Deposition
                     is
                     twice
                     reiterated
                     ,
                     upon
                     Oath
                     ,
                     after
                     much
                     premeditation
                     .
                     And
                     I
                     likewise
                     adduce
                     two
                     Depositions
                     taken
                     upon
                     Oath
                     ,
                     by
                     Sir
                     
                       Leolin
                       Jenkins
                    
                     ,
                     who
                     
                     was
                     impower'd
                     by
                     the
                     Law
                     of
                     England
                     ,
                     and
                     at
                     the
                     command
                     of
                     the
                     King
                     ,
                     and
                     the
                     Council
                     of
                     England
                     ,
                     upon
                     a
                     Letter
                     from
                     His
                     Majesties
                     Officers
                     of
                     State
                     here
                     ,
                     In
                     which
                     Deposition
                     ,
                     Shepard
                     ,
                     one
                     of
                     the
                     VVitnesses
                     ,
                     deposes
                     ,
                     that
                     Baillie
                     came
                     frequently
                     to
                     him
                     ,
                     and
                     desired
                     him
                     to
                     advance
                     the
                     Money
                     ,
                     
                       and
                       lamented
                       the
                       delays
                    
                     ,
                     and
                     that
                     there
                     was
                     so
                     little
                     to
                     be
                     advanced
                     ;
                     and
                     who
                     should
                     be
                     better
                     believed
                     then
                     one
                     who
                     was
                     his
                     own
                     Trustie
                     ,
                     and
                     a
                     Person
                     who
                     was
                     able
                     to
                     advance
                     so
                     great
                     a
                     Sum
                     ;
                     Bourn
                     ,
                     another
                     of
                     the
                     VVitnesses
                     ,
                     Deposes
                     ,
                     that
                     Ferguson
                     told
                     him
                     ,
                     that
                     the
                     Pannal
                     spoke
                     frequently
                     to
                     him
                     concerning
                     the
                     same
                     Money
                     ,
                     and
                     that
                     he
                     sat
                     up
                     several
                     nights
                     with
                     Ferguson
                     upon
                     the
                     said
                     Conspiracy
                     ;
                     and
                     who
                     should
                     be
                     better
                     believed
                     then
                     Fergusons
                     confident
                     ,
                     and
                     one
                     who
                     was
                     so
                     far
                     trusted
                     in
                     the
                     whole
                     affair
                     ,
                     that
                     he
                     was
                     to
                     take
                     away
                     that
                     Sacred
                     Life
                     ,
                     which
                     Heaven
                     has
                     preserv'd
                     by
                     so
                     many
                     Miracls
                     .
                  
                   
                     Against
                     these
                     three
                     Depositions
                     ,
                     you
                     have
                     heard
                     it
                     objected
                     ,
                     that
                     
                       non
                       testimonia
                       sed
                       testes
                       probant
                    
                     ,
                     especially
                     by
                     our
                     Law
                     ,
                     in
                     which
                     ,
                     by
                     an
                     express
                     Act
                     of
                     Parliament
                     ,
                     no
                     Probation
                     is
                     to
                     be
                     led
                     ,
                     but
                     in
                     presence
                     of
                     the
                     Assise
                     and
                     Pannal
                     .
                     To
                     which
                     it
                     is
                     answered
                     ,
                     that
                     these
                     Depositions
                     are
                     not
                     meer
                     Testimonies
                     ;
                     for
                     I
                     call
                     a
                     Testimony
                     ,
                     a
                     voluntar
                     Declaration
                     ,
                     emitted
                     without
                     an
                     Oath
                     ,
                     and
                     a
                     Judge
                     ;
                     but
                     these
                     Depositions
                     are
                     taken
                     under
                     the
                     awe
                     of
                     an
                     Oath
                     ,
                     and
                     by
                     the
                     direction
                     of
                     a
                     Judge
                     .
                     ●
                     Shepard
                     was
                     confronted
                     with
                     the
                     Pannal
                     himself
                     ,
                     and
                     he
                     had
                     nothing
                     to
                     say
                     against
                     him
                     ;
                     whereas
                     the
                     great
                     thing
                     that
                     can
                     be
                     objected
                     against
                     Testimonies
                     (
                     and
                     by
                     our
                     Statute
                     especially
                     )
                     is
                     ,
                     that
                     if
                     the
                     Party
                     who
                     emits
                     the
                     Testimony
                     had
                     been
                     confronted
                     with
                     the
                     Pannal
                     ;
                     the
                     impression
                     of
                     seeing
                     a
                     person
                     that
                     was
                     to
                     die
                     ,
                     by
                     his
                     Deposition
                     ,
                     would
                     have
                     made
                     him
                     afraid
                     to
                     Depose
                     laxly
                     ;
                     and
                     the
                     Pannal
                     likewise
                     might
                     ,
                     by
                     proposing
                     Interrogators
                     and
                     Questions
                     ,
                     have
                     cleared
                     himself
                     ,
                     and
                     satisfi'd
                     the
                     Judges
                     in
                     many
                     things
                     Depos'd
                     against
                     him
                     :
                     But
                     so
                     it
                     is
                     that
                     Mr.
                     Shepard
                     having
                     been
                     confronted
                     with
                     the
                     Pannal
                     ,
                     before
                     the
                     King
                     Himself
                     ,
                     who
                     is
                     as
                     far
                     above
                     other
                     Judges
                     ,
                     in
                     His
                     Reason
                     and
                     Justice
                     ,
                     as
                     He
                     is
                     in
                     His
                     Power
                     and
                     Authority
                     ;
                     He
                     Deposes
                     that
                     the
                     Pannal
                     was
                     the
                     chief
                     Mannager
                     of
                     this
                     Conspiracy
                     ,
                     next
                     to
                     Argile
                     ,
                     and
                     that
                     he
                     was
                     so
                     passionat
                     to
                     have
                     this
                     Money
                     to
                     buy
                     Arms
                     ,
                     that
                     he
                     lamented
                     the
                     delays
                     ;
                     and
                     can
                     it
                     be
                     imagined
                     that
                     Mr.
                     Shepard
                     whom
                     he
                     trusted
                     with
                     his
                     Life
                     and
                     his
                     Fortune
                     ,
                     and
                     whom
                     all
                     their
                     Party
                     trusted
                     with
                     their
                     Cash
                     ,
                     would
                     have
                     Depos'd
                     any
                     thing
                     against
                     him
                     that
                     was
                     not
                     true
                     ,
                     especially
                     when
                     he
                     knew
                     that
                     what
                     he
                     was
                     to
                     Depose
                     ,
                     was
                     to
                     take
                     away
                     his
                     Life
                     and
                     his
                     Fortune
                     ;
                     or
                     that
                     if
                     the
                     Pannal
                     had
                     been
                     innocent
                     ,
                     he
                     would
                     not
                     when
                     he
                     was
                     confronted
                     with
                     Mr.
                     Shepard
                     ,
                     before
                     the
                     King
                     Himself
                     ,
                     have
                     roar'd
                     against
                     Mr.
                     Shepard
                     ,
                     if
                     he
                     had
                     not
                     been
                     conscious
                     to
                     his
                     own
                     Guilt
                     .
                     There
                     is
                     a
                     surprise
                     in
                     innocence
                     ,
                     which
                     makes
                     the
                     innocent
                     exclaim
                     ,
                     and
                     it
                     inspires
                     men
                     with
                     a
                     courage
                     ,
                     which
                     enables
                     them
                     to
                     confound
                     those
                     who
                     Depose
                     falsly
                     against
                     them
                     ;
                     and
                     in
                     what
                     occasion
                     could
                     either
                     of
                     these
                     have
                     appear'd
                     ,
                     more
                     than
                     in
                     this
                     ,
                     wherein
                     this
                     Gentleman
                     was
                     charg'd
                     to
                     have
                     Conspir'd
                     with
                     
                     the
                     greatest
                     of
                     Rascals
                     ,
                     against
                     the
                     best
                     of
                     Princes
                     ;
                     and
                     that
                     too
                     in
                     presence
                     of
                     the
                     Prince
                     himself
                     ,
                     against
                     whom
                     he
                     had
                     Conspir'd
                     ,
                     but
                     Guilt
                     stupifies
                     indeed
                     ,
                     and
                     it
                     did
                     never
                     more
                     than
                     in
                     this
                     Gentlemans
                     Case
                     ,
                     whose
                     silence
                     was
                     a
                     more
                     convincing
                     Witness
                     than
                     Mr.
                     Shepard
                     could
                     be
                     Mr.
                     Carstares
                     likewise
                     knew
                     when
                     he
                     was
                     to
                     Depone
                     ,
                     that
                     his
                     Deposition
                     was
                     to
                     be
                     used
                     against
                     Jerviswood
                     ,
                     and
                     he
                     stood
                     more
                     in
                     awe
                     of
                     his
                     love
                     to
                     his
                     Friend
                     ,
                     than
                     of
                     the
                     fear
                     of
                     the
                     Torture
                     ,
                     and
                     hazarded
                     rather
                     to
                     die
                     for
                     Jerviswood
                     ,
                     than
                     that
                     Jerviswood
                     should
                     die
                     by
                     him
                     :
                     How
                     can
                     it
                     then
                     be
                     imagin'd
                     ,
                     that
                     if
                     this
                     man
                     had
                     seen
                     Jerviswood
                     in
                     his
                     Tryal
                     ,
                     it
                     would
                     have
                     altered
                     his
                     Deposition
                     ;
                     or
                     that
                     this
                     kindness
                     ,
                     which
                     we
                     all
                     admir'd
                     in
                     him
                     ,
                     would
                     have
                     suffer'd
                     him
                     to
                     forget
                     any
                     thing
                     in
                     his
                     Deposition
                     ,
                     which
                     might
                     have
                     been
                     advantageous
                     in
                     the
                     least
                     to
                     his
                     Friend
                     :
                     And
                     they
                     understand
                     ill
                     this
                     hight
                     of
                     Friendship
                     ,
                     who
                     think
                     that
                     it
                     would
                     not
                     have
                     been
                     more
                     nice
                     and
                     careful
                     ,
                     than
                     any
                     Advocat
                     could
                     have
                     been
                     :
                     and
                     if
                     Carstares
                     had
                     forgot
                     at
                     one
                     time
                     ,
                     would
                     he
                     not
                     have
                     supplyed
                     it
                     at
                     another
                     ;
                     but
                     especially
                     at
                     this
                     last
                     time
                     ,
                     when
                     he
                     knew
                     his
                     Friend
                     was
                     already
                     brought
                     upon
                     his
                     Tryal
                     :
                     and
                     that
                     this
                     renew'd
                     Testimony
                     was
                     yet
                     a
                     further
                     confirmation
                     of
                     what
                     was
                     said
                     against
                     him
                     ;
                     and
                     albeit
                     the
                     Kings
                     Servants
                     were
                     forced
                     to
                     engage
                     ,
                     that
                     Carstares
                     himself
                     should
                     not
                     be
                     made
                     use
                     of
                     as
                     a
                     Witness
                     against
                     Jerviswood
                     ;
                     yet
                     I
                     think
                     this
                     kind
                     scrupulosity
                     in
                     Carstares
                     for
                     Jerviswood
                     ,
                     should
                     convince
                     you
                     more
                     than
                     twenty
                     suspect
                     ,
                     nay
                     than
                     even
                     indifferent
                     Witnesses
                     ;
                     nor
                     can
                     it
                     be
                     imagined
                     ,
                     that
                     the
                     one
                     of
                     these
                     Witnesses
                     would
                     not
                     have
                     been
                     as
                     much
                     afraid
                     of
                     God
                     ,
                     and
                     his
                     Oath
                     at
                     London
                     ,
                     as
                     at
                     Edinburgh
                     ;
                     and
                     the
                     other
                     in
                     the
                     Council-Chamber
                     in
                     the
                     Forenoon
                     ,
                     as
                     in
                     the
                     Justice-Court
                     in
                     the
                     Afternoon
                     .
                  
                   
                     3.
                     
                     The
                     Statute
                     founded
                     on
                     ,
                     does
                     not
                     discharge
                     the
                     producing
                     of
                     Testimonies
                     otherways
                     than
                     after
                     the
                     Jury
                     is
                     inclos'd
                     ;
                     for
                     then
                     indeed
                     they
                     might
                     be
                     dangerous
                     ,
                     because
                     the
                     party
                     could
                     not
                     object
                     against
                     them
                     :
                     But
                     since
                     the
                     Statute
                     only
                     discharges
                     to
                     produce
                     Writ
                     ,
                     or
                     Witnesses
                     ,
                     after
                     the
                     Jury
                     is
                     inclos'd
                     ;
                     it
                     seems
                     clearly
                     to
                     insinuat
                     ,
                     that
                     they
                     ought
                     to
                     prove
                     when
                     they
                     are
                     produc'd
                     in
                     presence
                     of
                     the
                     Party
                     himself
                     ,
                     as
                     now
                     they
                     are
                     .
                     And
                     though
                     the
                     Civil
                     Law
                     did
                     not
                     allow
                     their
                     Judges
                     to
                     believe
                     Testimonies
                     ,
                     because
                     they
                     were
                     confin'd
                     to
                     observe
                     strict
                     Law
                     ;
                     yet
                     it
                     does
                     not
                     from
                     that
                     follow
                     ,
                     that
                     our
                     Juries
                     ,
                     whom
                     the
                     Law
                     allows
                     to
                     be
                     a
                     Law
                     to
                     themselves
                     ,
                     and
                     to
                     be
                     confin'd
                     by
                     no
                     Rule
                     ,
                     but
                     their
                     Conscience
                     ,
                     may
                     not
                     trust
                     intirely
                     to
                     the
                     Depositions
                     of
                     Witnesses
                     ,
                     though
                     not
                     taken
                     before
                     themselves
                     ,
                     when
                     they
                     know
                     that
                     the
                     Witnesses
                     ,
                     by
                     whom
                     ,
                     and
                     the
                     Judges
                     ,
                     before
                     whom
                     these
                     Depositions
                     were
                     emited
                     ,
                     are
                     persons
                     beyond
                     all
                     suspition
                     ,
                     as
                     in
                     our
                     case
                     .
                     But
                     yet
                     for
                     all
                     this
                     ,
                     I
                     produce
                     these
                     Testimonies
                     ,
                     as
                     Adminicles
                     here
                     only
                     to
                     connect
                     the
                     Depositions
                     of
                     the
                     present
                     Witnesses
                     ,
                     and
                     not
                     to
                     be
                     equivalent
                     to
                     Witnesses
                     in
                     this
                     legal
                     Process
                     ;
                     albeit
                     ,
                     as
                     to
                     the
                     conviction
                     of
                     mankind
                     ,
                     they
                     are
                     stronger
                     than
                     any
                     ordinary
                     Witnesses
                     .
                  
                   
                     When
                     you
                     ,
                     my
                     Lords
                     and
                     Gentlemen
                     ,
                     remember
                     that
                     it
                     is
                     not
                     the
                     revenge
                     of
                     a
                     privat
                     party
                     ,
                     that
                     accuses
                     in
                     this
                     case
                     ;
                     and
                     that
                     even
                     in
                     privat
                     Crimes
                     ,
                     such
                     as
                     Forgery
                     ,
                     or
                     the
                     murder
                     of
                     
                     Children
                     ,
                     &c.
                     many
                     Juries
                     here
                     have
                     proceeded
                     upon
                     meer
                     presumptions
                     ,
                     and
                     that
                     even
                     Solomon
                     himself
                     ,
                     founded
                     his
                     illustrious
                     Decision
                     ,
                     approv'd
                     by
                     God
                     Almighty
                     ,
                     upon
                     the
                     presum'd
                     assertion
                     of
                     a
                     Mother
                     ;
                     I
                     hope
                     ye
                     will
                     think
                     two
                     Friends
                     Deposing
                     ,
                     as
                     present
                     Witnesses
                     ,
                     adminiculated
                     and
                     connected
                     by
                     the
                     Depositions
                     of
                     others
                     ,
                     though
                     absent
                     ;
                     should
                     beget
                     in
                     you
                     an
                     intire
                     belief
                     ,
                     especially
                     against
                     a
                     Pannal
                     ,
                     who
                     has
                     been
                     alwayes
                     known
                     to
                     incline
                     this
                     way
                     ,
                     and
                     who
                     ,
                     though
                     he
                     was
                     desired
                     in
                     the
                     Tolbooth
                     to
                     vindicat
                     himself
                     from
                     those
                     Crimes
                     ,
                     would
                     not
                     say
                     any
                     thing
                     in
                     his
                     own
                     defence
                     ,
                     and
                     though
                     he
                     offers
                     to
                     clear
                     himself
                     of
                     his
                     accession
                     to
                     the
                     Kings
                     Murder
                     ,
                     yet
                     sayes
                     nothing
                     to
                     clear
                     himself
                     from
                     the
                     Conspiracy
                     entered
                     into
                     with
                     the
                     late
                     Earl
                     of
                     Argile
                     ,
                     for
                     invading
                     his
                     Native
                     Countrey
                     ,
                     which
                     is
                     all
                     that
                     I
                     here
                     Charge
                     upon
                     him
                     ,
                     and
                     which
                     he
                     inclines
                     to
                     Justifie
                     ,
                     as
                     a
                     necessary
                     mean
                     for
                     redressing
                     Grievances
                     ;
                     I
                     must
                     therefore
                     remember
                     you
                     ,
                     that
                     an
                     Inquest
                     of
                     very
                     worthy
                     Genlemen
                     did
                     find
                     Rathillet
                     guilty
                     ,
                     tho
                     there
                     was
                     but
                     one
                     Witness
                     led
                     against
                     him
                     ,
                     because
                     when
                     he
                     was
                     put
                     to
                     it
                     ,
                     he
                     did
                     not
                     deny
                     his
                     accession
                     :
                     And
                     two
                     Rogues
                     were
                     found
                     guilty
                     in
                     the
                     late
                     Circuit
                     at
                     Glasgow
                     ,
                     for
                     having
                     murdered
                     a
                     Gentleman
                     of
                     the
                     Guard
                     ,
                     though
                     no
                     man
                     saw
                     them
                     kill
                     him
                     ;
                     but
                     the
                     Murderers
                     having
                     been
                     pursued
                     ,
                     they
                     run
                     to
                     the
                     place
                     out
                     of
                     which
                     the
                     Pannals
                     then
                     accused
                     were
                     taken
                     ,
                     none
                     having
                     seen
                     the
                     face
                     of
                     the
                     Run-aways
                     ;
                     and
                     the
                     Pannals
                     being
                     accus'd
                     ,
                     and
                     press'd
                     to
                     deny
                     the
                     accession
                     ,
                     shun'd
                     to
                     disown
                     the
                     Guilt
                     ,
                     but
                     desired
                     it
                     might
                     he
                     proved
                     against
                     them
                     .
                     This
                     may
                     convince
                     you
                     that
                     there
                     are
                     Proofs
                     which
                     are
                     stronger
                     then
                     Witnesses
                     ;
                     and
                     I
                     am
                     sure
                     that
                     there
                     were
                     never
                     more
                     proving
                     Witnesses
                     then
                     in
                     this
                     case
                     ,
                     nor
                     were
                     the
                     Depositions
                     of
                     Witnesses
                     ever
                     more
                     strongly
                     adminiculated
                     .
                     Remember
                     the
                     danger
                     likewise
                     of
                     emboldening
                     Conspiracies
                     against
                     the
                     Kings
                     Sacred
                     Life
                     ,
                     and
                     of
                     encouraging
                     a
                     Civil
                     War
                     ,
                     wherein
                     your selves
                     and
                     your
                     Posterity
                     may
                     bleed
                     ,
                     by
                     making
                     the
                     least
                     difficulty
                     to
                     find
                     a
                     man
                     Guilty
                     by
                     the
                     strongest
                     Proofs
                     that
                     ever
                     were
                     adduced
                     in
                     so
                     latent
                     a
                     Crime
                     as
                     a
                     Conspiracy
                     is
                     .
                     And
                     I
                     do
                     justly
                     conclude
                     ,
                     that
                     whoever
                     denys
                     that
                     a
                     Conspiracy
                     can
                     be
                     thus
                     prov'd
                     ,
                     does
                     let
                     all
                     the
                     World
                     see
                     that
                     he
                     inclines
                     that
                     Conspiracies
                     should
                     be
                     encouraged
                     and
                     allow'd
                     .
                     Our
                     Age
                     is
                     so
                     far
                     from
                     needing
                     such
                     Encouragements
                     ,
                     that
                     on
                     the
                     other
                     hand
                     ▪
                     in
                     this
                     ,
                     as
                     in
                     all
                     other
                     Crimes
                     ,
                     because
                     the
                     Guilt
                     grows
                     frequent
                     and
                     dangerous
                     ,
                     the
                     Probation
                     should
                     therefore
                     be
                     made
                     the
                     more
                     easie
                     ,
                     tho
                     in
                     this
                     Case
                     the
                     King
                     needs
                     as
                     little
                     desire
                     your
                     Favour
                     ,
                     as
                     fear
                     your
                     Justice
                     .
                     And
                     I
                     have
                     insisted
                     so
                     much
                     upon
                     this
                     Probation
                     ,
                     rather
                     to
                     convince
                     the
                     World
                     of
                     the
                     Conspiracy
                     ,
                     than
                     you
                     that
                     this
                     Conspirator
                     is
                     Guilty
                     .
                  
                
              
            
          
           
             THereafter
             the
             Lords
             Ordained
             the
             Assize
             to
             inclose
             ,
             and
             return
             their
             Verdict
             to
             morrow
             by
             Nine
             a
             Clock
             in
             the
             Morning
             .
          
           
             
               
                 
                   
                   
                     
                       Edinburgh
                       ,
                       
                         December
                         24.
                         1684
                      
                    
                  
                   
                     THe
                     said
                     day
                     ,
                     The
                     Persons
                     who
                     past
                     upon
                     the
                     Assize
                     of
                     Mr.
                     
                       Robert
                       Baillie
                    
                     of
                     Jerviswood
                     ,
                     return'd
                     their
                     Verdict
                     in
                     presence
                     of
                     the
                     saids
                     Lords
                     ;
                     whereof
                     the
                     Tenor
                     follows
                     .
                     The
                     Assize
                     ,
                     all
                     in
                     one
                     Voice
                     ,
                     finds
                     the
                     Crimes
                     of
                     Art
                     and
                     Part
                     in
                     the
                     Conspiracy
                     ,
                     and
                     Plot
                     Libelled
                     ;
                     and
                     of
                     concealing
                     ,
                     and
                     not
                     revealing
                     the
                     same
                     ,
                     clearly
                     proven
                     against
                     Mr.
                     
                       Robert
                       Baillie
                    
                     the
                     Pannal
                     ,
                     in
                     respect
                     of
                     the
                     Depositions
                     of
                     Witnesses
                     and
                     Adminicles
                     adduced
                     .
                     
                       Sic
                       subscribitur
                    
                     ,
                  
                   
                     
                       Strathmore
                       Chancellor
                       .
                    
                  
                
              
            
          
           
             AFter
             opening
             and
             reading
             of
             the
             which
             verdict
             of
             Assyze
             ,
             The
             Lords
             ,
             Justice
             General
             ,
             Justice
             Clerk
             ,
             and
             Commissioners
             of
             Justiciary
             ,
             therefore
             ,
             by
             the
             mouth
             of
             
               James
               Johnstoun
            
             Dempster
             of
             Court
             ,
          
           
             
               
                 
                   
                     Decerned
                     and
                     Adjudged
                     the
                     said
                     Mr.
                     
                       Robert
                       Baillie
                    
                     of
                     Jerviswood
                     to
                     be
                     taken
                     to
                     the
                     Mercat
                     Cross
                     of
                     Edinburgh
                     ,
                     this
                     twentie
                     fourth
                     day
                     of
                     December
                     instant
                     ,
                     betwixt
                     two
                     and
                     four
                     a
                     clock
                     in
                     the
                     afternoon
                     ,
                     and
                     there
                     to
                     be
                     hanged
                     on
                     a
                     Gibbet
                     till
                     he
                     be
                     dead
                     ,
                     and
                     his
                     Head
                     to
                     be
                     cut
                     off
                     ,
                     and
                     his
                     Body
                     to
                     be
                     Quartered
                     in
                     four
                     ,
                     and
                     his
                     head
                     to
                     be
                     affixt
                     on
                     the
                     Nether-bow
                     of
                     Edinburgh
                     ,
                     and
                     one
                     of
                     his
                     Quarters
                     to
                     be
                     affixt
                     on
                     the
                     Tolbooth
                     of
                     Jedburgh
                     ,
                     another
                     on
                     the
                     Tolbooth
                     of
                     Lanerk
                     ,
                     a
                     third
                     on
                     the
                     Tolbooth
                     of
                     Air
                     ,
                     and
                     a
                     fourth
                     on
                     the
                     Tolbooth
                     of
                     Glasgow
                     ;
                     And
                     ordains
                     his
                     Name
                     ,
                     Fame
                     ,
                     Memory
                     ,
                     and
                     Honours
                     to
                     be
                     extinct
                     ,
                     his
                     Blood
                     to
                     be
                     Tainted
                     ,
                     and
                     his
                     Arms
                     to
                     be
                     riven
                     forth
                     ,
                     and
                     delate
                     out
                     of
                     the
                     Books
                     of
                     Arms
                     ,
                     so
                     that
                     his
                     Posterity
                     may
                     never
                     have
                     Place
                     ,
                     nor
                     be
                     able
                     hereafter
                     to
                     bruik
                     ,
                     or
                     joyse
                     any
                     Honours
                     ,
                     Offices
                     ,
                     Titles
                     or
                     Dignities
                     ,
                     within
                     this
                     Realm
                     in
                     time
                     coming
                     ;
                     and
                     to
                     have
                     Forfaulted
                     ,
                     Ammitted
                     and
                     Tint
                     all
                     and
                     sundry
                     his
                     Lands
                     ,
                     Heritages
                     ,
                     Tacks
                     ,
                     Steadings
                     ,
                     Rooms
                     ,
                     Possessions
                     ,
                     Goods
                     and
                     Gear
                     whatsoever
                     ,
                     pertaining
                     to
                     him
                     ,
                     to
                     Our
                     Soveraign
                     Lords
                     use
                     ,
                     to
                     remain
                     perpetually
                     with
                     His
                     Highness
                     ,
                     in
                     Property
                     ,
                     which
                     was
                     pronunced
                     for
                     Doom
                     .
                     
                       Sic
                       subscribitur
                    
                     .
                  
                   
                     
                       LINLITHGOW
                       .
                       James
                       Foulis
                       ,
                       
                         I.
                         Lockhart
                         ,
                         David
                         Balfour
                         ,
                         Roger
                         Hog
                         ,
                         Al.
                         Seton
                         ,
                         P.
                         Lyon.
                         
                      
                    
                  
                   
                     
                       Extracted
                       
                         forth
                         of
                         the
                         Books
                         of
                         Adjournal
                         ,
                         by
                         me
                         Mr.
                      
                       Thomas
                       Gordon
                       ,
                       
                         Clerk
                         to
                         the
                         Justice
                         Court
                      
                       ,
                       sic
                       subscribitur
                       :
                    
                     
                       
                         THO.
                         GORDON
                      
                    
                  
                
              
            
          
           
             In
             pursuance
             of
             which
             Sentence
             ,
             His
             Majesties
             Heraulds
             ,
             and
             Pursevants
             ,
             with
             their
             Coats
             display'd
             (
             after
             sound
             of
             Trumpets
             ,
             )
             Did
             publickly
             ,
             in
             face
             of
             the
             Court
             (
             conform
             to
             the
             custom
             ,
             in
             the
             Sentences
             of
             Treason
             )
             in
             His
             Majesties
             Name
             and
             Authority
             ,
             Cancel
             ,
             Tear
             and
             Destroy
             the
             said
             Mr.
             
               Robert
               Baillie
            
             his
             Arms
             ,
             threw
             them
             in
             his
             Face
             ,
             trampl'd
             them
             under
             foot
             ;
             And
             ordain'd
             his
             Arms
             to
             be
             expunged
             out
             of
             the
             Books
             of
             Herauldry
             ,
             his
             Posterity
             to
             be
             ignoble
             ,
             and
             never
             to
             injoy
             Honour
             and
             Dignity
             in
             time
             coming
             :
             And
             thereafter
             went
             to
             the
             Mercat-Cross
             of
             Edinburgh
             ,
             and
             solemnly
             Tore
             and
             Cancelled
             the
             said
             Mr.
             
               Robert
               Baillie
            
             his
             Arms
             ,
             and
             affixed
             the
             samine
             on
             the
             said
             Mercat-Cross
             Reversed
             ,
             with
             this
             Inscription
             ;
             
               The
               Arms
               of
               Mr.
            
             Robert
             Baillie
             
               late
               of
            
             Jerviswood
             Traitor
             .
          
           
             FINIS
             .
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A50871-e110
           
             Nota
             ,
             That
             the
             ●arl
             of
             Tarras
             de●on'd
             nothing
             a●ainst
             
             Jerviswood
             ●ut
             what
             the
             other
             ●wo
             Witnesses
             de●on'd
             against
             him●elf
             before
             the
             Try●l
             ,
             and
             upon
             which
             ●hereafter
             they
             be●ng
             renew'd
             ,
             the
             Earl
             was
             forfault●d
             ;
             so
             that
             there
             ●ould
             be
             no
             ground
             ●f
             suspicion
             from
             ●is
             Circumstances
             .