A brief account of the indictment, tryal, conviction and execution of Mr. Robert Bailzie of Jeresswood upon the 22th, 23th and 24th of December 1684 : at His Majesties capital city of Edinburgh in his ancient kingdom of Scotland : where the said Mr. Robert Bailzie was hanged and afterwards quartered for high treason. Baillie, Robert, d. 1684. 1684 Approx. 9 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A29404 Wing B4507 ESTC R24671 08411673 ocm 08411673 41284 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29404) Transcribed from: (Early English Books Online ; image set 41284) Images scanned from microfilm: (Early English books, 1641-1700 ; 1247:21) A brief account of the indictment, tryal, conviction and execution of Mr. Robert Bailzie of Jeresswood upon the 22th, 23th and 24th of December 1684 : at His Majesties capital city of Edinburgh in his ancient kingdom of Scotland : where the said Mr. Robert Bailzie was hanged and afterwards quartered for high treason. Baillie, Robert, d. 1684. 1 sheet. Printed for W. Davies, London : 1684. Caption title. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trials (Treason) -- Scotland. 2006-01 TCP Assigned for keying and markup 2006-02 Apex CoVantage Keyed and coded from ProQuest page images 2006-03 Mona Logarbo Sampled and proofread 2006-03 Mona Logarbo Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion A Brief Account OF THE Indictment , Tryal , Conviction , and Execution OF M r. ROBERT BAILZIE OF JERRESSWOOD , Upon the 22th , 23th , and 24th of December 1684. at His Majesties Capital City of Edinburgh , in his Ancient Kingdom of Scotland . Where the said Mr. Robert Bailzie was hanged and afterwards Quartered for HIGH TREASON . ON Monday December the 22th 1684. about nine in the Morning , the said Mr. Robert Bailzie , of Jerresswood , had his Indictment by sound of Trumpet , and Heraulds in their Formalities , to appear the 23th at two of the Clock in the Afternoon before the Lords Commissioners of the Judiciary , at which time he did appear accordingly . The Assize and Witnesses being called , and silence made , and he in Pannel ; his Indictment was read by the Clerk of the Court with an audible Voice , to the effect following , viz. That he , the said Robert Bailzie , having casten off the fear of God , Allegiance to his Sovereign Lord the King ; had most treacherously , notwithstanding of several Laws and Acts , resett , harboured , maintained and corresponded with Archibald Champbell , late Earl of Argile , and Mr. Veatch , two desperat and ●ore-faulted Traitors ; and that he had joyned in Councel with the late Lord Russel , Commissar Monroe , the Lord Melvill , Sir Thomas Armstrong , Sir John Cochran , the two Cessnocks and divers others , in that hellish Conspiracy for taking away the Lives of his Sacred Majesty and Royal Highness , and for subverting the Government , and for that effect had assisted , voted , and consulted , for the uplifting of ten thousand Pounds Sterling , for buying of Arms , to be employed for raising of Forces , &c. His Majesties Advocate produced his Warrand from the Lords of the Privy-Councel , for his Insisting against him , and Sir George Lockhart , and Sir John Louder , upon their Allegiance to assist the King's Advocate , which they did . The Advocates for the Pannel ( i. e. Prisoner ) were Sir Patrick Hoome , Mr. Walter Pringle , Mr. William Fletcher , Mr. James Grahame , and Mr. William Bailzie , who protested they might have the liberty of a free Debate , which was granted , and they insisted , that as to the Corresponding with the Rebels libelled , it ought not to be sustained as a point of Dittay , it being Res hactenus Judicata , the Pannel being fined in six thousand pound Sterling before the Councel for the said Crime already . His Majesties Advocate hereupon restricted his Libel to the other Crimes libelled . The Lords found the Libel Relevant , and admitted the same to Probation . Then the Jury were chosen and sworn , viz. The Right Honourable the Earl of Strathmoir . The Right Honourable the Earl of Balcarrass . Sir. George Skeene , Provost of Aberdeene . Sir. James Flemminge , Provost of Edinburgh . Sir. John Ramsey of Whitehill . Mr. Andrew Hepburne of Humbie . Mr. Andrew Bruce of Earleshall . Mr. John Stewart Tuttor of Appin . Mr. Alexander Miln of Carrin . Mr. James Ellies of Stein 〈…〉 ●ills . Sir William Drummond of Hauthornden . Major Andrew White , Lieutenant of Edenburgh Castle . Mr. David Grahame , Sherriffe of Wigtoun , and David Burnet Merchant in Edinburgh . The Witnesses were called , and first the Right Honourable the Earl of Tarrass ; who deponed , that Mr. Robert Martin was sent from London by the Pannel , and other Conspirators there , to perswade his Lordship , and several other South Country Gentlemen to rise in Arms , secure Berwick , the Castles of Edinburgh , and Striveling , the Officers of State and Army ; which being done , they were to have pressed his Majesty to have permitted the Parliament of England to have sitten , and to pass the Bill of Exclusion ; and many more things his Lordship very clearly deponed . The Advocates for the Pannel objected against the Earl of Tarras , that the could be no Witness , for he being Socius Criminis incarceratus & sub metu Mortis , and being indicted for the said Crimes Regiam Majestatem , the Act of Robert the Second and Common Law allowes no Witnesses to be allowed in such Cases . His Majesties Advocate answered , that in Plots and Conspiracies it was impossible to have proved the same , except such Persons were sustained as Witnesses ; So the Lords repelled the Objection in respect of the Answer , and sustained his Lordship a Witness . The second Witness was Commisser Monroe , who was brought from his Majesties Castle of Blackness , by a Party of Horse of the Lord Drumlanricks Troop , and deponed that the Pannel was present at several meetings at London , and that he did contribute for sending Mr. Martin into Scotland , and that he desired he might be sent to Holland to the Earl of Argile , with the ten thousand pounds Sterling ; and many more things to this Purpose and Effect . The third Witness was Murray of Philliphaugh , and Scot of Gallousheilds , who both deponed Conformes precedentibus in omnibus as to the riseing of Arms , &c. His Majesties Advocate produced for further Proof , the judicial Confession of Mr. William Carstares before the Lords of the Privy Councel , &c. The Probation being closed , the Advocates on both sides made very learned Speeches to the Assize , ( i. e. Jury ) who immediately thereafter , viz. at the hour of twelve at Night , did close themselves in , and having chosen the Earl of Strathmoir Chancellor , ( i. e. Foreman ) they rose about three a Clock in the Morning , and at nine brought in their Verdict , viz. That they found it proven that he was Art and Part in the Crimes libelled , and that he had concealed the same . Which being publickly read , and the Verdict thereafter closed by the said Earl his Seal , the Sentence of Death was pronounced as followeth . Forsameckle as it is found by an Assize , that Mr. Robert Bailzie of Jerresswood is guilty of the particular Crimes mentioned in his Dittay , Therefore the Lords Justice General , Justice Clark , and Remanent Lords Commissioners of his Majesties Justiciarie , and I in their Names , decree and adjudge the said Mr. Robert Bailzie to be taken to the Mercatt Cross of Edinburgh , this present 24th Instant of December , and there , betwixt two and four a Clock in the Afternoon , to be hanged on a Gibbet until he be dead , his Head to be cut off , and affi●ed upon the Netherhow of Edinburgh , his Body to be quartered , the one Quarter to be put upon the Tolbooth of Jedburgh , the other on Lanrick , the third on Aire , and the fourth on the Tolbooth of Glassgow , and Ordaines all his Lands and Rents , Goods and Gear , to be forefaulted to his Majesties Use , his Arms torn and rent , his Coat Armor all to be razed out of the Lyon Books , so that he , nor none of his Posterity , shall bear Arms in time to come . The Sentence being given by sound of Trumpet and Heraulds in their Formalities did tear his Coat of Arms in face of Court , trample the same under foot , and did cast them in his face , and thereafter went to the Mercatt Cross , and performed the rest of the Solemnities usual . Just before the Sentence he professed he was never privy to any Conspiracy against the Life of his Sacred Majesty , Royal Highness , or any Person in the World , and that he never did design to subvert the Government , but what he had done , was for the Redressing of such Grievances he thought were lying upon the Nation , and that he died Innocently , and with a good Conscience . After Sentence , all he said was , That he had too short a Time. At the Place and Time in the Sentence mentioned , he was Executed , saying very little on the Scaffold . FINIS . London , Printed for W. Davies in Amen Corner , 1684.