THE TRIAL AND PROCESS OF High-Treason AND Doom of Forfeiture AGAINST Mr. Robert bailie of Jerviswood TRAITOR.  
By His Majesty's 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 Trial and Process of High-Treason, and Doom of Forefaulture against Mr. Robert bailie 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, etc. Justiciarium generalem totius Regni Scotiae, & honorabiles viros, Domines Jacobum Foulis de Colintoun Justiciariae Clericum, Joannem Lockhart de Castlehill, Davidem Balfour de Forret, Rogerum Hodge de Harcarss, Alexandrum Seaton de Pitmedden, & Patricium Lyon de Carss, Commissionarios Justiciariae dicti. S. D. N. Regis. Curia legitime affirmata. Intran  

Mr. Robert bailie of Jerviswood Prisoner  
Indicted 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 King's 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 King's Majesty, is Declared Treason, and punishable by Forefaulture. And by the hundred forty 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 Majesty's 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 Majesty's special Approbation. And by the second Act of the second Session of His Majesties said first Parliament, To Plot, Contrive, or intent Death, or Destruction, or to put any Restraint upon His Majesty's 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 entice any Strangers, or others, to Invade any of His Majesty's 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 Majesty's 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 Successor. Nevertheless, it is of verity that the said Mr. Robert bailie of Jerviswood, shaking of all fear of God, respect and regard to His Majesty's Authority and Laws; and having conceived most unjustly, a great and extraordinary malice and hatred against His Majesty's Person and Government, and having designed most Traitorously to debar His Royal Highness, His Majesty's only Brother, from His due Right of Succession, did amongst many other Traitorous 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 days of the Months 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 Majesty's Person and Government, and with Colonel Rumsay, Walcot, West, and Ferguson, and others who had likewise Conspired the Murder of His Majesty's 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 forward 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 said's Months, with Sir John Cochran and Commissar Monro, and did then, and there, Transact with the said's 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 Country; 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 delays used in it; and persuaded 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 Traitorous 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 carrying on of the said Rebellion, and of the money to be furnished by the English for Argyle, for buying of Arms. 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 rising, till it should be seasonable for carrying on of their Designs, which Mr. Robert, after he came to Scotland, did treat with Polwart and others, for carrying on of the said Rebellion; by securing His Majesty's Officers of State, His Castles and Forces, and by putting his Correspondents here, and there Associates, in readiness, to assist the late Earl of Argyle, and after the said Mr. bailie had engaged many of his Countrymen 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 height, that he did particularly and closely correspond with Mr. Robert Ferguson, Sir Thomas Armstrong, Colonel Rumsay, and Walcot, who were accessary 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 bailie 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 arms 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 Forfeiture of Life, Land and Goods, to the terror of others to commit the like hereafter.   
HIS Majesty's Advocate produced an Act, and Warrant from the Lords of His Majesty's most Honourable Privy Council, for pursuing, and insisting against the said Mr. Robert bailie 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 Majesty's Privy Council, do hereby give Order and Warrant to His Majesty's Advocate, to pursue a Process of Treason and Forfeiture, before the Lords of His Majesty's Justiciary, against Mr. Robert bailie of Jerviswood, to morrow at two a clock in the afternoon preceisly, and the said's 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 Majesty's Advocate, from the intenting until 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 Sovereign Lords Advocate  
Sir George Lockhart  
Sir John Lauder.  
Advocats.   

Procurators in Defence.  
Sir Patrick Hume.  
Mr. Walter Pringle.  
Mr. James Graham.  
Mr. Welliam Fletcher.  
Mr. William bailie.  
Advocats.    
THE Pannals Procurators produced ane Act of His Majesty's Privy Council, in their favours, whereof the tenor follows:  

Edinburgh, the twenty third of December, one thousand six hundred eighty four years,  
The Lords of His Majesty's Privy Council having considered ane Address made to them, by Mr. Robert bailie of Jerviswood, now indicted at the instance of His Majesty's Advocate, 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 bailie 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 Indictment, the Lord Justice General required the Pannal to make answer thereto.  
The said Mr. Robert bailie Pannal pleaded not Guilty.  
MR. Walter Pringle Advocate, as Procurator for the said Mr. Robert bailie of Jerviswood Pannal, alleadges that he ought not to pass 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 necessary in all Actions, and much more in Criminal Pursuits, especially, seeing, 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 presupposeth, that a competent time must be allowed to the Pannal to execute 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 Majesty's Advocate in his Book of Criminals, and Title of Libels, where the Lords found, that albeit Robertson got his Indictment in Prison, yet he behoved to get it upon fifteen days.  
HIs Majesty's Advocate oppons the constant Tract of Decisions, whereby it is found, that a person Incarcerated may be Tried upon twenty four hours; 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 Indictment; nor was any Exculpation sought in this case, before the Trial, which is the case provided for by the Act of Parliament.  
THe Lords, Justice-General, Justice-Clerk, and Commissioners of Justiciary, Repel 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 (always 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 assoiled; because it is res hactenus judicata, he having been formerly pursued before the Lords of his Majesty's 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 Majesty's Advocate 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 Gardener, and his Writing Letters to my Lord Argile; and oppons the Decreet of Council itself, and restricts the Libel to all the Crimes not insisted on in the Decreet.  
SIr Patrick Hume Replies, That as to the Corresponding with the late Earl of Argile, at any time since his Forefaulture, was expressly proponed as an Interrogator to the Pannal in that Pursuit, at His Majesty's Advocat's Instance against him, before the Lords of His Majesty's 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 Colonel 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 Majesty's 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 Majesty's Advocats Oath, to His Majesty's prejudice; and for Mr. William Veitch, he stands expressly 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 Majesty's Advocate 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 Majesty's Advocate, against Mr. Robert bailie of Jerviswood, with the Lord Advocats Declaration, whereby he Restricts the same to the Crimes not insisted on in the Decreet of Council formerly pronounced 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 Repels the remnant Defences proponed for the Pannal, in respect of the Decreet of Council produced, bearing no such thing as is alleged, and of the answers made by His Majesty's Advocate 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 Mckenzie, Collector of Ross.  
David Burnet Merchant.   
THe Assize lawfully Sworn, no Objection of the Law in the contrary.  
HIis Majesties Advocate for Probation adduced the Witnesses and Writs aftermentioned; and first, Walter Earl of Terrace.  
SIr Patrick Hume Procurator for the Pannal, objects against the Earl of Terrace, 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 Terrace being presently under an Indictment 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 Majesty's Advocate answers, That it is an exception from that Rule, both by the Common Law, and ours, that in the Crime of less Majesty, and especially, that Branch thereof, which we call a Conspiracy, socius criminis may be a witness, 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 otherways 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 Terrace, nor did he ever seek any security, in order to his deponing. And this has been constantly, and lately, 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 Witness.  
SIr Patrick Hume replies, 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 King's Mercy, and it is not proper he should be a Wintess, seeing he is in the King's 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 Terrace, is not only in the case of a person who stands endited for High-Treason; but must be looked upon, as a person condemned for the said Crime, seeing he fully, and amply confessed the Crime: & confessus habetur p●o convicto, and never any Lawyer asserted, That damnatus criminis lesa Majestatis could be admitted as a Witness, 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 positiulie, that the Crime of less Majesty, Heresy, 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 Crime libeled, being a Conspiration of Treason, which of its own nature is manadged, and carried on by Secrecy and Contrivance; and which is only known to the Complices of the Treason, and which cannot be committed 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 less Majesty is the chief, and it is absolutely impossible, that Plots, and Conspirations of Treason can be otherways 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 practic of this Kingdom: and as to that pretence, that the Earl of Terrace is under a Process of Treason, and has submitted to His Majesty's mercy, and that confessus habetur pro convicto, it imports nothing, and infers no more than that he is socius criminis, and is still a habil witness, 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 secrecy 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 than that Conjurations of Treason cannot at all be proven: And as to the Law cited from the Majesty, it imports no more than 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 Crime 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 privilege, as to the qualification of Witnesses, yet it cannot be denied, but there are some Objections competent against Witness adduced for proving Conspiracies, and Treason, verbi causa, that a Witness is a Capital Enemy, or that he is sub potestate accusatoris, and the Objection new pleaded, being taken complexlie, viz. That the Earl of Terrace is not only socius criminis, but also, that he is publico judicio reus, upon the same Crime, and that as means to procure His Majesty's favour, he has submitted himself, and come in His Majesty's mercy, by an acknowledgement of the Crime, before the Diet 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 Majesty's hands, so that he is not only in the case of a reus confessus, but in the case of a Witness, who does absolutely depend upon His Majesty's Advocate the Pursuer; and as a private accuser, could not adduce his own Servants to be Witnesses, because they are testes domestici, and depend upon him, so far less ought a Witness 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 Crime so occult, that it must either be proven by such Witnesses, or otherways the guilty person will escape. It is answered▪ that in this case, His Majesty's Advocate had an easy remedy, for he might have pursued the Pannal, before he pursued the Witness, and the Terror and Apprehension of the event of a Process for Treason cannot be constructed otherways, then to have influence upon the Deposition of the Witness; 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 says, Regula sit in accusato quod is pendente accusatione à testimonio repellitur▪ and be the 2d. Rule of the same Article, He says, 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 Terrace in this case be received a Witness, for he being adduced a Witness after he received his Indictment, 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 Witness.  
THe Lords Repelled the Objection against the Earl of Terrace, 
Nota, That the ●arl of Terrace deponed nothing against Jerviswood ●ut what the other too Witnesses deponed against himself before the Trial, and upon which ●hereafter they being renewed, the Earl was forfault●d; so that there ●ould be no ground ●f suspicion from ●is Circumstances.  and ordains him to be received a Witness.  

WAlter Earl of Terrace, aged forty 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 bailie 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 forward 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 Country Party in England, and the Scots men there: and on the other hand, the Deponent was to Writ 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 Handwriting, 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 height, and that the Country 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 Arms 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 Stragglers and seize upon Horses, and that thereafter they should join 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 seized upon; and it was likewise spoke amongst them, that some persons should be employed to inquire what Arms was in that Country. Depons, That it was spoke then, that the best time for Argyle was to land in the West when there was a stir 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 losing 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 catched; 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,  
Terrace, Linlithgow. I. P. D.   

ALexander Monro of Bear-crofts, Aged forty five Years, or thereby; solutus, solemnly sworn and purged. Depons, that the Earl of Terrace 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 than 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 treasonable 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. Martin's Journey: Depons, that at his return he meeting with the Deponent, told him, that Matters were in that condition in Scotland, and that the Country 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 comity, and all Written and Subscribed with his own hand, which being publicly 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 Privileges, 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 Terrace presently, for he had sent to him; and Mr. Martin had a Letter to him from Jerviswood, than 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 communicate them only to Polwart and himself, (at least for these Shires) 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 obliged 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 necessary 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 Arms here, (I do not remember he told me more particulars at this time) but said, Polwart would be at Gallowshiels that night, and it would be necessary that the E. of Terrace and I should confer with him fully, on the business, about this time the E. of Terrace lighted, and Torwoodlie having left us for a little time, being gone to bring Mr. Martin, the E. of Terrace asked me, what news, I told him of Mr. Martin's 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 engage us to rise in Arms shortly, whereat the E. of Terrace hummed, and said, he would look ere he leapt, such a leap, or some such expressions, presently Mr. Martin came, and the E. of Terrace and he retired a little, after the reading An Letter, he gave him, the Contents whereof was (as the E. of Terrace informed me) only an order from Jerviswood, to deliver some Money to the bearer, which he had left with him, and the E. of Terrace called for his Servant, and bade him bring up the Money; in the mean time, Torwoodlie asked me, if I had acquainted the E. of Terrace 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 engage 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 private 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 country 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 surprise, and seize our Rulers (I do not remember any named, but the than Chancellor and Thesaurer) and some to join with these on the English borders, to assist them to surprise Berwick; and if for that effect, any Horse, or Dragoons, that should be in the bounds might not be surprised, that their Horse and Arms might be gotten to furnish the Country people, and Stirling Castle; and if Argile should at the same time Land in the West, and raise that Country, 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 Country Party, to draw to them frankly, and scar many of the other side to act against them, and so they might have leisure to join 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 discoursed 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 seemed 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 Terrace, 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, etc.) 1. As to the settling a Correspondence, it was confessed 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 manage 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 desperate Circumstances, and they could not have generally much influence. 3. The thing was not at all adviseable for this Kingdom, since if any of England's own measures miscarried, they would not stir 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 employed, 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 despair 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 embark with him. 4. As to the surprising Rulers, etc. It was inveighed 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 effectuate without Bloodshed of people, secure in Peace, which being by all approven, Divines and Casuists condemned as unlawful, and mere 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 joining. 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 easy Rate; so Torwoodlie and I gave him our measures, E. of Terrace told he had a suit already; Then Torwoodlie said to the E. of Terrace 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 Goodfellow, or the like; so the E. of Terrace 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 resolved, 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 farther meddling; 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 Terrace could hardly have day enough to go home with; so Gallowsheils would not let him go, and he would not stay, unless I stayed, so we both stayed; and not being resolved to Discourse with Gallowsheils on what passed, we went to the Tavern, on pretence I might call the bailie, and seek Horses for Lime, and stayed there till Polwort came (which seemed unknown to Gallowsheils) than we returned to Gallowsheils House, and after Supper Polwort whispered the E. of Terrace 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, than we sat down closely 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 man's 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 Country party in England would draw to the Fields shortly, as he heard before Lambass, wherewith Gallowsheils seemed visibly surprised; and being asked, if his Heart failed him already, he said he did love it better truly to be walking in his own Parks in Peace, and quiet, than to be meddling in such matters; however he assured the Company, that if there came any troublesome world, he would join with them firmly; and the F. of Terrace said, he wondered 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 King's Life (which the whole Company owned to be their Opinion and desire) because that might strengthen the Duke's interest; and he suspected it was the project of the Commonwealth's men, with whom he believed, few Scots Gentlemen would join; and he was almost persuaded the D. of Monmouth would not concur in any rising during the King's Life, To which it was answered by Polwort, that he had indeed heard that principle had been generally agreed to, but it seemed 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 though he heard Monmouth was shy on that account, yet it was hoped 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 Terrace and I renewed our former answers also above-written, and maintained them with all our vigour, wherein Gallowshiels joined forwardly with us; and Polwart asserted, we went on very good grounds, and he was fully of our opinion, if things were entire, but referred it to be considered, whether it were better to comply with some of these methods, though not so proper and justifiable as were to be wished, 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 relied upon. 3. It was proposed to be considered what methods were most proper in the Companies opinion for Scotland to follow in case of England's rising, whereanent it was said, that all that could be expected or desired from Scotland, was, that upon the certain News of England's 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 conveened as would be able to deal with straggling Parties, or any sudden rising in the Country) march to join 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 till he had time to put himself in a posture. These things seemed 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 known: 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 public Design to any good issue. 4. All the Company seemed 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 designed any attempt on the King's Person, or overturning Monarchy, they would not be forward or clear to join: And it being here insinuated, that the most they could do (at least for which there could be any plausible pretence to justify) 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 tried for Popery, correspondence with France, and accession to the Popish Plot, and then if the King were once free from the influence of the Duke's 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 Terrace 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 join, we might know where to seek Men and Arms suddenly; here it was said by Polwart, as I think, that if the E. of Terrace, Torwoodlie, Gallowshiels, 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, than we trysted to meet there against Midsummer 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 private▪ 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 called his correspondent there. 2. That the Money to be advanced by the English party 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 called ten thousand pound Sterlin, and was to be employed (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 middle 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 communicate 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 household 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 Terrace, 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 whisper.  
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 grazing. 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, etc. and sworn. Depons, That the Earl of Terrace 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 King's Troops where they graed, 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 Country whom they trusted in should be acquainted with it, and that endeavours should be used to learn what Arms was in the Country. Depons, There was some such discourse there, as that the Earl of Terrace, 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 join with them. And this is the truth, as he shall answer to God. Sic subscribitur,  
Hugh Scot Linlithgow, I. P. D.   
HIs Majesty's Advocate produced 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 Terrace 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 Trial, 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 Chancellor. Lord Precedent. Lord Secretary. Lord Advocate.  
THe Laird of Gallowsheils, Prisoner in the Tolbuiths of Edinburgh, being Called and Examined upon Oath, Depons, that in the Month of May 1683. The E. of Terrace, 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 Country 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 managed the Discourse. It was likewise proposed, to seize the Officers of State, especially the Chancellor 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 Country. 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 Majesty's Advocate 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 Assize, 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 said's 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 Majesty's 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 Copy 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 Majesty's Privy Council.  

Edinburgh Castle, September 8. 1684.  
MR. William Carstares being Examined upon Oath, conform to the Condescension 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, wrote a Letter to him from Holland, importing, that if any considerable sum of Money could be procured 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 wrote to Mr. Stuart abovenamed to know from him, if he might do it; and Mr. Stuart having consented, he communicate the said Letter to Mr. Shepherd, who told the Deponent that he would communicate 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 communicate the Contents of the Letter abovenamed, to Colonel Sidney, and that Colonel Dunvers was present, and told the Deponent, that Colonel Sidney was averse from employing the late Earl of Argile, or meddling with him, judging him a man too much affected to the Royal Family, and inclined to the present Church-Government; yet Mr. Shepherd being put upon it by the Deponent, still urged, 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 pressed, 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 informed the Deponent of, the Deponent told him, that he himself would not be concerned, 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 abovenamed: He was introduced to the Earl of Argile, with whom he had never before conversed; and did there Discourse what had passed 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 proposed 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 Magazines 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 raised 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 judged he might get the Country 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 named the Affair to him, but found him shy: but the Earl of Argile told him, he thought Stairs might be gained to them: And that the Earl of Lowdoun being a man of good Reason, and disobliged, would have great influence upon the Country, 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 Stevart laid down a way of correspondence by Ciphers and false Names, and sent them over to Holms, and the Deponent, for their use (which Ciphers and Names, are now in the hands of His Majesty's Officers, as the Deponent supposes,) and did desire the Deponent earnestly to propose the 30000. pound Sterling abovenamed to the party in England, and did not propose any less; for as the Earl told the Deponent, he had particularly calculate the Expense for Arms, Ammunition, etc. But James Stevart 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 abovementioned. During the time of the Deponent his abode in Holland, though 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 Stevart wrote 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 than 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. Shepherds house, where he the Lord Bussel had come to speak to Shepherd 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 though 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 meddling 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 Country 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 easy a matter to get the Gentry of Scotland to concur: But afterwards in a Letter to Commissar Monro, Polwart wrote that the Country was readier to concur than they had imagined, or something to that purpose. The Deponent, as abovesaid, 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 join 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 show 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 Month. William Carstares. PERTH CANCEL. 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 morefield's. 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. Fresh in the Temple, Councillor 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, Cancel. 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 Cancel.  
David Falconer.  
George Mckenzie,  
Queensberry.  
Athol.     
HIs Majesty's Advocate 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, signed 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 Majesty's Principal Secretary of State, the 23. day of December. 1683.  
THe Deponent saith, That Ferguson told him on, or about the Month 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. bailie, 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. bailie, Mr. Monro, and Sir John Cochran, and none at all with Sir Hugh and Sir George Campbels; that Mr. bailie 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 bailie likewise told the Deponent, that having concerted things with the Lord Russel and others, he the said bailie found an impossibility of raising that Sum; After which the said bailie had acquainted the Deponent, that they were certainly promised Ten Thousand Pounds, which Sum was agreed to be paid into the Deponents hands, in order to be remitted into Holland, for the providing of Arms; and that the said bailie told the Deponent at divers times, that the said Sum, or at least one half of it would be paid 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 replied that he had not, and that he the Deponent scarce thought any would be paid.  
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 paid in, they, the said Sir John Cochran and Mr. Monro, feared 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. bailie 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 managers of the Conspiracy; That Ferguson told the Deponent, that he the said bailie was the chief man for the Scots, next to the Lord Argile; that the said, bailie did sit up the greatest part of one night, with the said Ferguson; at which time this Deponent believeth they were busy 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 bailie, in meeting the said's 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 Majesty's Advocate likewise produced several Warrants, and Papers to prove, that those Depositions are signed by Sir Leolin Jenkins.  
HIs Majesty's Advocate 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 Majesty's Advocat's Speech to the Inquest.  
My Lords and Gentlemen,  
YOu have now a Conspiracy against His Majesty's Sacred Person, and Royal Government, so fully discovered, 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 Gild, 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 Country men in it, without a Conviction stronger than our kindness to Scotland; nor did His Majesty's 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 Crime is the Ringleader of all those, who in this Kingdom concurred 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 Conspiracy; all the noise we have heard of it, is but a Cheat, the King's Judges have been Murderers, all the Witnesses have been Knaves, and such as died 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 unkindness 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 engaged 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 Crime, 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 Majesty, 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 King's 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 Villainy: and therefore bourn's 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 height, without previous inclination and motives, I shall to convince you, that this Gentleman was very capable of all that was libeled 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 undeniably known, and is now sufficiently proved, by two present Witnesses, the Earl of Terrace and Commissar Monro, that he thought himself desperate, 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 desperate as to his Life and Fortune, he is capable of any thing; he was likewise animated to commit this Crime, by the intelligence he had that there was a Plot in England, carried 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 join with them here, because of the common guilt, in which they had engaged 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 concourse of the Southern-Shires; and thus, I am to prove to you a Crime, which is in itself, so probable and likely, that it should need little probation, though I have adduced for your conviction sufficient evidences, albeit the Crime were in itself 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 though he believed, it was sought for a charitable subsistence to preserve him from starving; what deserves this Pannal, who sought thirty thousand pound sterling, to buy him Arms, to invade his Native Country?  
That Jerviswood was designing to carry on a Rebellion, or at least was accessary, or (as our Law terms it) was Art and Part thereof, is clearly proved; but that in this occult and hidden Crime, which uses not to be proved by clear witnesses; I may lead you thorough 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 confessed, 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 Terrace 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 Terrace 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 complete it by a general Rising: As he designed 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 declared 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 Commission was given him in a place, and by a Company who had been themselves treating immediately 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 easy 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 proved, and that Jerviswood spoke to the same purpose, is proved by a necessary consequence; for since it's proved 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 private pressed 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 mere Servant, durst not have proposed any thing from himself, being a mean Person, and being one, who, as the Earl of Terrace deposes, would say nothing, but what was in his Paper:) does expressly declare, that he came from Jerviswood and others; and in the meeting with him, a Rebellion is actually form, and it is resolved, they should seize the King's Officers of State, Garrisons, and Forces, and that they should join with the late E. of Argyle, and put their own Forces in a condition to join 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 proved, by two present Witnesses, from the first Design to its last perfection.  
Nor can it be objected, that they are not concurring Witnesses, but testes singulares upon separate 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 Witness 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 contests, or concurring Witnesses, and ten or twelve Inqueists have so found, and upon their Verdict, Rebels have been lately hanged. The learned Judges of England being all met together did expressly find, that one Witness 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 contests, and proved sufficiently the Crime of Treason, yet there the one Witness, proved only a remote Design, and the other an Act, which was indifferent of its own nature, and became only Treasonable by the Connexion; But no Witnesses 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 forms the Rebellion. Besides all this, though two Witnesses be sufficient, I have adduced Mr. William Carstares Chief Conspirator, and who choosed 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 Majesty's Officers of State here, In which Deposition, Shepard, one of the Witnesses, deposes, that bailie 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 than one who was his own Trusty, and a Person who was able to advance so great a Sum; Bourn, another of the Witnesses, 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 than 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 preserved 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 Assize and Pannal. To which it is answered, that these Depositions are not mere 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 satisfied the Judges in many things Deposed 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 passionate 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 Deposed 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 roared against Mr. Shepard, if he had not been conscious to his own Gild. 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 falsely against them; and in what occasion could either of these have appeared, more than in this, wherein this Gentleman was charged to have Conspired with the greatest of Rascals, against the best of Princes; and that too in presence of the Prince himself, against whom he had Conspired, but Gild stupifies indeed, and it did never more than in this Gentleman's 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 imagined, that if this man had seen Jerviswood in his Trial, it would have altered his Deposition; or that this kindness, which we all admired in him, would have suffered him to forget any thing in his Deposition, which might have been advantageous in the least to his Friend: And they understand ill this height of Friendship, who think that it would not have been more nice and careful, than any Advocate could have been: and if Carstares had forgot at one time, would he not have supplied it at another; but especially at this last time, when he knew his Friend was already brought upon his Trial: and that this renewed Testimony was yet a further confirmation of what was said against him; and albeit the King's 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 enclosed; 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 enclosed; it seems clearly to insinuat, that they ought to prove when they are produced 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 confined 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 confined by no Rule, but their Conscience, may not trust entirely 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 suspicion, 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 private party, that accuses in this case; and that even in private Crimes, such as Forgery, or the murder of Children, etc. many Juries here have proceeded upon mere presumptions, and that even Solomon himself, founded his illustrious Decision, approved by God Almighty, upon the presumed 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 entire belief, especially against a Pannal, who has been always 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 King's Murder, yet says nothing to clear himself from the Conspiracy entered into with the late Earl of Argile, for invading his Native Country, which is all that I here Charge upon him, and which he inclines to Justify, as a necessary mean for redressing Grievances; I must therefore remember you, that an Inquest of very worthy Gentlemen did find Rathillet guilty, though 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 Runaways; and the Pannals being accused, and pressed to deny the accession, shunned to disown the Gild, but desired it might he proved against them. This may convince you that there are Proofs which are stronger than 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 King's Sacred Life, and of encouraging a Civil War, wherein yourselves 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 proved, does let all the World see that he inclines that Conspiracies should be encouraged and allowed. Our Age is so far from needing such Encouragements, that on the other hand▪ in this, as in all other Crimes, because the Gild grows frequent and dangerous, the Probation should therefore be made the more easy, though 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 enclose, and return their Verdict to morrow by Nine a Clock in the Morning.  

Edinburgh, December 24. 1684  
THe said day, The Persons who passed upon the Assize of Mr. Robert bailie of Jerviswood, returned their Verdict in presence of the said's 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 bailie 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,  

Discerned and Adjudged the said Mr. Robert bailie of Jerviswood to be taken to the Mercat Cross of Edinburgh, this twenty 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 affixed on the Nether-bow of Edinburgh, and one of his Quarters to be affixed 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, Heritage's, Tacks, Steadings, Rooms, Possessions, Goods and Gear whatsoever, pertaining to him, to Our Sovereign Lords use, to remain perpetually with His Highness, in Property, which was pronounced 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 Majesty's Heralds, and Pursuivants, with their Coats displayed (after sound of Trumpets,) Did publicly, in face of the Court (conform to the custom, in the Sentences of Treason) in His Majesty's Name and Authority, Cancel, Tear and Destroy the said Mr. Robert bailie his Arms, threw them in his Face, trampled them under foot; And ordained his Arms to be expunged out of the Books of Heraldry, his Posterity to be ignoble, and never to enjoy Honour and Dignity in time coming: And thereafter went to the Mercat-Cross of Edinburgh, and solemnly Tore and Canceled the said Mr. Robert bailie his Arms, and affixed the 'samine on the said Mercat-Cross Reversed, with this Inscription; The Arms of Mr. Robert bailie late of Jerviswood Traitor.  
FINIS.