SAMSONS RIDDLE, Or, A Bunch of bitter Wormwood, Bringing forth A bundle of sweet smelling Myrrh.  
The first is made up of the sharp sufferings, of the Lords Church in Scotland: by the hands of barbarous and bloody Persecutors, evident by the exact Copies of the Inditements, Sentences, Executions, and disposing of their Members who were Executed, to be set up in the public places of that Land: together with the forfaultries, and gifts of there Estates to others: extracted out of their own Registers, and here inserted.  
The Second of the savoury Testimonies of those sufferers, who witnessed a good confession, patiently enduring, through the sight of an invisible God, signally supporting them, as appeareth both by there Letters, and written Testimonies directed to, and left with there friends, to be published to the world; as it is here performed.  
Isaiah 42. vers 22. This is a people robbed and spoiled.  
Psal. 44. vers 22. For thy sake are we killed all the day long.  
— vers 97. The dead bodies of thy Servants have they given.  
Micah 2. v. 2. They oppress a man and his house, even a man and his heritage.  
Ezek. 7. vers 24. The worst of the Heathen shall possess their houses.  
Jer. 4. vers 31. Wo is me now for my Soul is wearied because of Murderers.  
Isaiah 64. vers 12. Wilt thou refrain thyself for those things O Lord.  
Printed in the Year.   

A Brief EPISTLE. TO ALL Sufferers for Christ in any Church, but more particularly to the poor suffering remnant in Scotland, true sumpathisers with the Lords Work: as what they have suffered in their names, persons, properties, lives and liberties, for there adhering to the doctrine, discipline, government, and worship, agreeable to Gods Word, and established in that Church, by most solemn engagements testifieth: of which what is here recorded is but a small part, Nehem: 9. vers 32. Now therefore our God who keepeth Covenant and mercy, let not all the trouble seem little before thee that hath come upon us.  
Dear Brethren, and companions in tribulation,  
MUch might be said( to save you from fainting in this day of Jacobs trouble) from the frequent renewed manifestations, both of the fullness, and also the freeness of Gods grace and mercy, fournishing, and fitting the sufferers for his sake, in our Land that no Church hath been more honoured, and helped to give faithful and free Testimonies, against all steps of defection since our Reformation from Popery and Prelacy; and that by some of all sorts, Noblemen, Gentlemen, Ministers and Commons;( though alas the generality of this generation hath made shameful defection) whose carriadges, through Gods countenance, was both convincing, and confounding to foes, and also confirming and conforting to friends, the great token for good in our Land, and that which hath kept the cause alive. But to pass by those that first filled the field, and laid down their lives, when those famous and glorified Martyrs, mentioned in that Book entitled Naphtali, or the wrestlings of the Church of Scotland. The famous Marcus of Argyle, Lord Waristone, and glorified Master Guthrie who were as Gideons fleece wet, when all about were dry. We are to give you one account now of the second clouster, or cloud of witnesses( Nah: 2. vers 5. He shall recount his worthies) in which there was such a singular blessing, that there blood and testimonies were as drops from Heaven whereby our weary Israel was refreshed, and made to blosom and bring forth fruit for several years: the famed of them shall be( as the Psalmist saith in the 112. Psal. 6.) in everlasting remembrance, particularly these two famous worthies Caldwell and Kersland, persons pregnant both for piety, and parts, being singularly preserved by Gods good providence, from the hands of those bloody adversaries; both of them died abroad full of faith and good works, whereby they ●bta●ned a good report amongst strangers with whom they conversed. Kersland that eminently godly Gentleman after he had been abroad, for several years returned home to visit his friends in his own native Land, was apprehended, and after long imprisonment and transportations from one prison to another, at last was liberat by the Lords immediate hand, sending a fire into that City of Glasgow, where he was imprisoned; in the midst of wrath remembering mercy, after which I having the happiness to be acquainted with him, can with confidence give you this testimony, yet no man was like minded in our Land all almost, especially in his station, seeking their own things but he the things of Jesus Christ; Caleb like of a more heroic spirit, and following the Lord Fully whose work and labour of love the righteous Lord doth not forget, but his posterity are reaping the fruits thereof( when riches, honor and pleasure were the generality of all our great ons trinity whom they adored,) his work was to honour: God enrich his soul, and to see Christ formed in the souls of his Children, and household persuading them to make God their portion, in all which he traveled in soul with them, and by the blessing of God it had such success that it remaineth visible amongst his favourably Relations, Lady and Children, that he left behind him a credit to our Country, and a copy to all sufferers for their integrity and sobriety. I beseech therefore brethren that ye be followers of them who have pathed the way, and by faith and patience inheriteth the promises, not fainting and wearieing in your minds, thinking with this vain world, that these jubilees suffered so many things in vain, and died as fools, as those whose sufferings are causeless and woeful. But Christ and all his being theirs, and they his, they could not prigge with him, but willingly partend with possessions, liberties, lives, relations, when they came in competition with his cause, and could see no shifting of it without sinning; such is the sad delemma in our day that we must either sin or suffer, and many doing both: being blinded with the adversaries, baits the saving of there lives, tending to the losing of them. The Lords jubilees long since rejoiced to suffer for his sake, and were willing to lay down their lives, when there call was clear and the cause good, and can there be a better cause when it is for none compliance with the will of sinful men, in there overtourning the glorious fabric of Gods House, setting up the creature in the place of the Creator; and what call more clear then this that there is no declining of the same without denaying of truth, and turning our back on the Gospel. Sure I am that Gods just judgments are approaching apace, upon the men of these abominations; consent not, concur not with them, lest partaking in there sins, ye partake also of their plagues, have respect to the better, and more enduring substance, Now that what ye have here in this small traitise may be meditated upon, applied, and practised by you, is the hearts desire, and earnest prayer of  
A poor weelewisher and companion in tribulation.   

The process and endytment of these first ten martyrs of Jesus Christ who( besides Thomas Paterson who dyed of his wounds in the tollbooth) suffered together at Edinbrugh December 7. 1666. for that ever-memorable testimony at penned land wednsday November 28. 1666. Curia Justitiaria S. D. N. Regis, Tenta in praetorio burgi de Edenbrugh, Quarto die mensis Decembris 1666. Per Dominum Joannem Hume de Rentone Justiciariae Clericum& Gulielmum Murray Advocatum Justiciarium Deputatum. Curia Legittime Affirmata.  
INTRANT. 

Captain Andrew Arnote.  
mayor John Mc. Culloch.  
Gawine Hamiltone in Mauldslie in Carluke Parochine.  
John Gordone of Knockbreck.  
Christopher strange tenant in Killbryde.  
Robert Gordone Brother to John Gordone of Knockbreck,  
John Parker Walker in Kilbryde Parochine.  
John Ross in Mauchline.  
James Hamiltone tenant in Killiemoore.  
John Shiels in Titwood.    
you, and ilk one of you, are endyted and accused for that; Albeit by the common Law, and the Law of nations, and the Law and practic of this kingdom, and many clear and express acts of Parliament, the rising of his Majesties subjects, or any number of them, and the joining and assembling together in arms, without command, warrant or authority, and specially, when the samyne is not only without, but against, and in oppositione to his Majesties authority and laws; are most horrid and heinous crimes of rebellione, treason and laese majesty, in the highest degree, and all persons committing, and guilty of the saids crimes, or any ways accessory thereto, or who do●h abet, assist, receipt, intercommune with, or keep correspondence, with such rebells, or any ways doth supply them in any maner of way; or being required be proclamatione, or other ways, doth not rise with and assist his Majesties lieutenant general, and others having power and authority, for repressing these rebells; ought to be proceeded against and severely punished as traitors, conform to the laws and acts of Parliament of this kingdom: And in particular, it is statute and ordained, be the third act of King James the 1. his first Parliament, that no man, openly or notourly rebel against the King, under the pain of forfaulting Life, Lands and goods: And be the 27th. act of the said King James his 2d. Parliament it is statute, that no man wilfully receipt, maintain nor do favour to open and manifest rebells, against the Kings majesty, and common Law, under the pain of forfaulture; And be the 14th. act of King James, the 2d. his 16. Parliament, entitled, that no rebel against the Kings person or authority, it is statute that whosoever doth rebel against the Kings person and authority, or makes war against the Kings lieges, that they should be punished according, and after the quality of their offence and rebellione; And be the 25th. act of the said King James the 2d. his 6th. Parliament, entitled, sundry points of treason, it is statute, that if any man commit or do treason against the King his person or authority, or rise in feire of weire against him, or recepts any that hes committed treason, or supplies him in help, read or counsel, shall be punished as traitors: And the 144th. act of King James the 6th. his 12th. parliament; it is statute, that wherever any declaired traitors or rebells repairs, in any place of this realm, non of our sovereigns lieges shall presume to receipt, supply or intercommune with them, or to give them any relief or comfort and that, immediately upon knowledge of their repaireing to the bounds, all his highness obedient subjects do their exact diligence, in searching and apprehending the saids traitors and rebells, and that with all speed they certify his majesty, or some of his secret council, or some chieff persons of authority and credite within the Shire, that such rebells are within the same, under the pain that the saids traitors and rebells ought to sustain, giff they were apprehended, and convict be justice; like as be the 5th. act of his Majesties late Parliament, and first session therof, it is declaired, that it shall be high treason to the subjects of this kingdom, or any number of them more or less, upon any ground or pretext whatsomever, to rise or continue in arms, to make peace or war, or make any treaties or Leagues with foreign princes or estates, or amongst themselves, without his Majesties special authority or approbatione first interponed thereto, and his Majesties subjects are discharged, upon any pretext whatsomever, to attempt any of these things, under the said pain of treason: And be the 7th. act of his Majesties foresaid Parliament, and first sessione therof, all his Majesties subjects are discharged and inhibited, that none of them presume, upon any pretext or authority whatsomever, to require the renewing or swearing the League or Covenant, or of any other covenant or public oaths, concerning the government of the church or kingdom, without his Majesties special warrant and approbatione, and that none of his Majesties subjects offer to renew, or swear the same, without his Majesties warrant, as they will be answerable at their highst peril: nevertheless, ye, and your complices, shaking off all fear of God, and conscience of duty, allegiance and loyalty to his sacred majesty, your native and sovereign Prince, and natural tenderness to your country hes most perfidiouslie and treasonably contraveened the saids laws and acts of Parliament, and committed the saids crimes in maner afterspecified: In suae far as this his Majesties ancient kingdom, having for many years suffered and endured, all the calamities, miseries, tragical effects and consequences of one civill and intestine war, and foreign usurpatione; And now after his Majesties happy restitutione, beginning to recover, of so Long and wasteing one consumptione, through the blessing of God, and his Majesties incomparable goodness and clemency, having by one act of oblivione secured the Lives and fortunes of you and others, who were conscious to themselves, and might have justly feared to be under the Lash and compass of Law and justice; and when his majesty and his good people had just reason to expect security and quiet at home, and assistance against his enemies abroad: Yet ye and a party of seditious persons, retaining and persisting in your inveterate disloyalty and dissaffectione to his Majesties Government and laws, did take advantage and opportunity of the time, when his majesty was engaged in a chargeable and bloody war with divers his neighbour Princes and States, being jealous of and envying his Majesties greatness and prosperity, and the happiness of these kingdoms under his Majesties Government, and having contrived and projected a most horrid insurrectione and rebellione, tending to involve again his Majesties kingdoms in blood and confusione, and to encourage and strengthen his enemies, did rise, convene and assemble your selvs together in arms, and upon the. 〈◇〉 day of November Last did march to, and enter within his Majesties town of Drumfries, in one hostile maner with your drawn swords and other arms, and did beset the house where Sir James Turner, one of the Officers of his Majesties forces was Lodged for the time, and did violently seize upon the said Sir James his person and goods within his Lodging, and did detain and carry him about with you captive, and as a lawful prisoner taken from one enemy, and did search for and would have taken the minister of the said town, giff he had not escaped; and while ye were in the said town, ye and your complices did many other acts of insolence and rebellione, and having in maner foresaid, openly avowed and proclaimed your rebellione, in so public and insolent a way, to the great contempt and affront of authority, ye and your complices, in pursuance theroff, be yourselvs and others your emissaries and instruments, sent up and down through the country, of purpose to be trumpets of your seditione, did convocate his Majesties people and subjects, and did endeavour to stir them up and persuade them to join in the foresaid rebellione, and did seize upon the persons, horses and arms, and plunder and ruffle the goods and houses of divers his Majesties good subjects, and in special of faithful and loyal ministers, and be seditious sermons, insinuations and other practices, did so far prevail within the Stewart●y of Kirkcudbright, and shire of Wigtoune, and Shires of air, Lanerck and other western Shires, the many persons flocking and resorting to you, ye had the boldness to sand one considerable party to his Majesties town of air, and did seize upon and take all the arms was there, and not being content to proceed to the height of rebellione in maner foresaid, ye and your complices did presume, to regulate your monstrous and irregulare rebellione, in the formality and frame, and under the name and notione of one army, and to form and model yourselvs in troops, companies, reigments, and to name captains of foot, commanders of troops and other officers, under the command of james Wallace of Achens, Joseph Lermond and other persons of known dissaffectione to his majesty and his Government! and though his Majesties lieutenant general did march speedily, for repressing the said rebellione and insurrectione, and his Majesties privy council did emitt and issue one proclamatione, declareing the said insurrectione, to be one manifest and horrid rebellione and high treason, and commanding the saids rebells to desist and Lay down arms, with certificatione giff they should continue in their rebellione, they should be proceeded against as desperate and incorrigible traitors, and discharging all his Majesties subjects to join, receipt, supply or intercommune with them, and commanding them to rise and join with his Majesties Lievtenent general, and the forces under him, under the pain of treason: Yet ye and your complices did obstinately continue, and march in arms through the country with your modeled army, as giff you had been one enemy, and in capacity to encounter, and dispute by arms with your sovereign Lord and his forces, and did in one warrlick and hostill maner and posture, enter within his Majesties town of Lanerk, and there upon monday the 26th. of November Last, to palliate your rebellione with the colour of religione, did renew and take th● oath of the covenant, and Thence did march, quartering all allongst upon, and oppressing his Majesties subjects, until ye h●d the boldness and confidence to approache, within two miles of his Majesties city of Edinbrugh, where his Majesties judicatories and Lords of his Majesties privy council and Sessione were sitting for the time, and having quartered all night within the parish of Collingtoun, at so near a distance from the said city, ye and your complices, upon wednsday the 28th. of the said month of November Last did dare and presume to encounter, engage and fight his Majesties army and forces, under the command and conduct of his Majesties Lievtenent general, and other Officers, at Pentland hills, and did wound and kill in the said fight and conflict, divers of his Majesties good subjects, and did all ye could to destroy his Majesties army, until, be the mercy of God, and conduct and valour of his Majesties lieutenant general, and other Officers and Souldiers under him, ye were vanquished, routed and dissipated, in doing of which, and one or other of the saids deeds, ye have committed and incurred the crime and pain of treason, and are guilty of being authors, actors, abbeters and accessary to the said rebellione, and are airt and parte of the same, and therefore you, and ilk one of you, ought to be examplarilie punished with the Loss and forfaulture of life, Land and goods, as traitors to his majesty, to the terror and example of others to commit the like hereafter.  
PERSEWERS Sr. John Nisbete of Dirletoun knight his Majesties Advocate. PROCURATORS IN DEFENCE advocates 

Sr. George Lockharte.  
Sr. George Mc. Keinzie.  
Mr. William Maxwell.  
Mr. William Hamiltone.  
Mr. Robert Dicksone.    
My Lord Advocate produced one act, and ordinance of his Majesties secret council, bearand that the Lords of his Majesties privy council, ordained Sr. John Nisbete his Majesties advocate, to persew with all diligence a process of forfaullture, before the justices, against Thomas Patersone in Glasgow, mayor John M. Culloch, Johne Parker Walker, John Gordone of Knockbrecks, Robert Gordone his Brother, John Ross in Mauchline, John Shiels tenant to Sr. George Maxwell, Gavine Hamiltone, Captain Androw Arnote, james Hamiltone in Killimoore and Christopher strange, Prisoners in Edinbrugh, for their Late rebellious insurrectione against his majesty. Ext. sic subscribitur.  
Pet: Wedderburne.  
COmpeired Sr. George Lockhart, Sr. George Mc. Keinzie, Mr. William Maxwell, Mr. Williame Hamiltone, and Mr. Robert Dicksone, advocates, and produced one act of his Majesties privy council, dated at Edinbrugh the fourth of December instant, grantand power and warrant to the forenamed persons, to compear and pled for all those persons, who are to be impanelled before the justices, upon this day, for rebellione. Ext. sic subscribitur.  
Pet: Wedderburne. ASSISA. 

Sr. Alexr. Vrquhart of Cromartie.  
Sr. Harie Hume of Heidrig  
Sr. laurence scot of Clerkintone.  
Sr. Alexr. Forbess of Tolquhone.  
John Hume Servitor to the E. of Hume.  
Walter Forbess of Blacktoune.  
adam Hepburne of Humbie.  
Alexr. Sandilands Merchant in Edenb.  
John Johnstone Merchant there.  
William Hay Merchant There.  
Walter burn Merchant in Edenbrugh.  
John lion Merchant There.  
John Mc. Gill Merchant There.  
James Cowane Merchant There.  
George Grahame of Cairny.    
Master William Maexwell for the pannals alleges, the pannals cannot pass to the knowledge of one assize upon this endytment, nor no process against them upon this citatione, because this being one indytment of treason, all charges to be given to persons so indyted ought to be by a lion herald, pursuivant or Macer, and is so ordained by act of Parliament Jam: 6. p. 12. Cap. 125. in Anno 1492: But so it is that thirr pannals are not charged by heralds, pursuivants or Macers, conform to the act, and therfore are not obliedged to answer.  
My Lord Advocate answers to the alledgiance that it ought to be repelled as no ways relevant, because, the act of Parliament doth militate only in the case, when any person is charged be letters of treason, to deliver their houses, or do any other thing under the pain of treason, and doth not militat in the case of citations, and specially in this case, where the parties are imprisoned, and the daily uncontraverted practic is opponed, their being nothing more ordinary, then the person guilty of crimes, and especially of treason, and being in hands and prison for the same, should be brought to trial, without any other formality or citatione, but giving them a dittay.  
Sr. George Lockharte for the pannals replies, that the defence stands relevant, notwithstanding of the answer, because, the act of Parliament is opponed, which bears the express reason therof to be founded, upon the importance and weightiness of the crime of treason, which equally militates, whether the parties accused of such crimes be in prison yea or not, and practic and custom hes cleared the sense of the said act of Parliament for it is notour and known that all indytments of treason, before the Last act of Parliament, given to parties accused therof, albeit in prison, yet was done by heralds and pursuivants, as being the solemnity required be the said act and ther is no warrant from the act of Parliament, to restrict it to the case of charging for delivery of houses or the like.  
Sr. George Mc. Keinzie for the pannals, says father, that the defence stands relevant notwithstanding of the answer, seing one indytment is a summons and citatione, and the act of Parliament is opponed, declareing that if any other executione of treason shall be other ways execute, the samyne shall be null, and the particle, any, comprehends all, and therfore the act is conceived in the same terms, as if it had said expressly, that all executions of treason not execute in maner foresaid shall be null; And Skeene does explain the samyne in maner foresaid, Neither can the act of Parliament be restricted, to executions anent delivering of houses, seing after that parte of the act is finished, this begins with a new distinctione and item.  
My Lord Advocate replies, the former answer, and act of Parliament opponed, being clear and express anent charges and executiones under the pain of treason, whereas the dittay and charge given to the pannals, bears no certificatione that they should appear under the pain of treason, and cannot be subsumed, conform to the act of Parliament, that the executione in question is one executione under the pain of treason; and for the citatione, the time of the late Parliament it cannot be obtruded, because such solemnity, if any was used before so high a judicatory as the Parliament, was unnecessary and superfluous, and superflua non nocent, and cannot be urged as a practic.  
Mr. William Maxwell for the pannals, duplyes, that the defence stands relevant, notwithstanding of the replies, that whereas it is alleged, that the act is only where ther is one certificatione under the pain of treason, but this dittay bears no certificatione of such a pain: It is answered, that the dittay concludes the pain of treason, so that the certificatione and conclusione are idem; And ther is no Letters for treason, or indytment for treason, but the pain and certificatione is treason, and so the defence stands good from the act of Parliament; and whereas it is alleged, that the citations before the Parliament be heralds, the Parliament being so supreme a judicatory, was superfluous; It is answered, the Parliament being a supreme judicatory, they might the better dispense with it, and yet all these charges was by lion heralds, but the justices in their proceedings are tied to proceed, conform to the Laws of the kingdom.  

The Justices repels the allegiance proponed for the pannals in respect of the reply.  
Sr. George Lokhart for the pannals alleges, that the dittay cannot be put to the knowledge of one assize, where upon to infer and conclude the pain of death against the pannals, because, always denying the dittay, yet albeit the pannals had been accessary to the acts and deeds of rebellione Lybelled, yet as it is acknowledged be the dittay itself, They did frame and model themselves, in the notione of Officers, Regiments, Companies, and were assaulted be his Majesties lieutenant general and forces, who, be virtue of his capacity and commissione, he and all Officers and Souldiers under his Command, might, and de facto did, upon the taking and apprehensione of the pannals, grant them quarter whereupon they were taken and laid down their arms, and which quarter being publica fides, and offered and granted to the pannals in manner foresaid, should be inviolably observed, and secure them as to their lives.  
My Lord Advocate answers that the former alledgiance ought to be Repelled, as most irrelevant, and having no ground and foundatione in Lawe; And as to that pretence that is acknowledged in the dittay, that the pannals and their Complices who joined with them in the late Rebellione, did model themselves, in Companies and Regiments and in one army; It is most absurd to infer from that, which is lybelled as a heinous aggravatione of their presumptione and Rebellione, that they should have had the boldness, as to put or think themselves in a capacity, to dispute by arms with their sovereign Lord, and Master, should be a ground of defence or extenuatione, And as to that assertione, that the general, and not only he but his inferior officers, and the meanest of his Souldiers, was in a capacity to grant quarters, and to secure the lives of Rebells and traitors; It is a most unwarrantable and illegal assertione, and with all respect to to the gentlemen that opons the same, it is answered, that it is one allegiance, most derogative to his Majesties royal power and prerogative, who only hes power to remit crimes, and in special, treason, the greatest of crimes, so that either to assume, or to give and prostitute so high a prerogative, to any other persons and especially to officers and common souldiers, it does reflect upon his royal majesty, Unless it were relevantly alleged, that his majesty had, be his commissione, given so high power expressly to his general and Souldiers, to remit and secure the lives of traitors, which cannot be fancied much less alleged: And as to the point and pretence of quarters, and that ipso facto their persons being found in arms, got quarters and were secured as to their lives, even in other cases, it is not questionable; And though ex honestate it may be pretended, that in bello justo, the persons that are taken upon quarters may be spared, yet ex necessitate, there is no obligatione to that purpose, except when one express capitulatione and deditio, and explicit pact one to that effect is expressed; but in this case, it is without all question, where ther is not bellum justum, but perduellio, there is not hostes, but proditores, there is not the Least shadow of pretence for the plea of quarters, except his majesty had expressly empowered his general, and all under him to secure the lives, of rebells subdued by them. And that we are not in the case of bellum justum, which is only betwixt Princes or states, that hes no dependence one upon another, and cannot debate and decide the difference, but be the Law of arms, and bellum est inter pares; judicium in Subditos. And that in this case there is no jura belly, either postliminium, quarters or such like, seing by the common Law, resistentia subditorum is altogether forbidden as unlawful, and they are not hostes but praedones, and be the Law of this natione, and specially the acts of Parliament that are cited in the dittay, it is not war or bellum, but treason in the highest degree, for any number of his Majesties subjects to rise in arms without( though it were not against) his Majesties authority, as in the case of this rebellione, so that seing we are not in the case of bellum, this pretence being founded upon a pretend it bellum justum, is most irrelevant, specially being considered, that his Majesties council, in persewance of their duty, for repressing the said rebellione and treason, hes emitted a proclamatione, found it upon the common laws, and the laws of the kingdom, declareing the samyne to be rebellione and high treason, and commands the rebells to Lay down arms, with certificatione that if they should continue in arms, they should be holden and proceeded against as desperate and incorrigible traitors, and should be incapable of all mercy or pardon.  
Sr. George Mc. Keinzie for the pannals alleges, that the pannals, and such as appear for them( except Arnote, for whom they do not allege the getting of quarter) do with all submissione to his Majesties prerogative, propone both the foresaid defence and this duply, intending to assert his Majesties prerogative, by sheltering themselves under his mercy, and acknowledging that his power is so great, that the meanest of his souldiers can give quarters, and without debating the justness of the war, which they here decline, it is alleged for them, that Capti in bello, abstracting from justum or injustum, are in its latitude capable of quarter, and quarters being given them by such as are listed souldiers, doth secure them as to their life, seing eo ipso that souldiers are commissionate and listed, they have power for that which is necessarily inherent in their employment, and quarter uses to be valued jure belly, when given by the meanest soldier, for such only uses to give quarter, general persons and superior officers not being ordinarily in use to take prisoners, so that seing these had power to give( which is only here controvertible) when given, it is valid, without debateing the justness of the war, for seing any of the pannals, being then in arms, might have disputed and defended his oun life, and might have possibly reached the lives of the greatest that opposed them, in accepting of quarters and laying aside these arms, they have in effect ransomed their own life, and exchanged it in favours of his majesty and his forces with the lives of others; And many Lawyers debateing this subject, call this a transactione, and that it should be keeped upon that account, as namely Grotius in his 11 Chap. 14. parag. 3. book. where he debates this case indefinitely, and Claudius de coat de jure& privilegiis militum. Paris de Puteo de re militare. And in reason, Souldiers, who may defend ther own life, are not obliged, nor is it in use when quarters are offered them, to seek the granters commissione, seing nec mora patitur nec est consentaneum naturae actus, private Souldiers being in use generally to grant the same, and what is customary semper inest, except it be expressly forbidden, and the prohibitione so known to the transgressors, that they are thereby put in mala fide. And the difference betwixt quando justum& injustum, lies not here, seing the reason of quarter is the spareing in prudence the blood of the one party, and conserving in humanity that of the other, the one whereof, is at least common to both bellum justum& injustum, but the difference is, that in bello justo, prisoners taken( though without quarter) cannot be killed, but in injusto they may, except they have quarter, and that quarter is given betwixt King and subjects, when formed once( whither justly or injustly) in modeled armies, which is offered to be proven by persons that understand that trade, to have been actually allowed betwixt the Hollanders and the King of Spain, betwixt the protestant Rotchellers in France and the King, and allowed by his Majesties forces in the Hills, and the rebellious English, though there was no just war amongst those parties, upon the ground foresaid, Neither is it debated that any but his majesty can grant remissions; but in Listed Souldiers their giving of quarters, his majesty doth in effect give it, and seing neither armies nor Souldiers could subsist without quarter, quando aliquid conceditur omnia concessa videntur sine quibus principal concessum consistere nequit, and as the council for seen reasons, might without express warrant from his majesty, have secured upon submissione the lives of those prisoners, so might much more Souldiers, whose proper trade and calling it is.  
Sr. George Lokhart for the pannals answers father, that the foresaid reply for the pannals, found it upon the offering of quarters, and the pannals accepting of the samyne, stands relevant, and is no way elided by the foresaid answer, and that there may be no mistake of what the pannals and their procurators pled, under the terms and notione of quarters, it is condescend it that quarter, mentioned in the defences, proponed and understood in their terms, viz that the pannals, being in arms and actual resistance, and not in the power of the takers, did give up their arms and became in the power of the takers, upon the granting of quarter, and, that quarter so given, should in Law operate the security of the lives of the persons so taken, is evident and apparent, in suae far as it is a transactione and pactione and fides data est accepta, and accordingly fulfilled upon the parte of those who were taken, and in Law all pactions and transactions, being justitiae commutativae, it abstracts and does not consider the quality and merit of persons, but the terms, fence and meaning of such pactions and transactions: And whereas its pretend it that the granters of quarters, specially mean Soldiers, had no power to do the same, as entrenching upon his Majesties prerogative; its answered, that it ought to be repelled, because what his Majesties Officers and Souldiers did act, consequently and suitably to the nature of their offices, and to the exercise of their dueties, did flow from, and was warranted by his Majesties authority, so that they ought not to be contra distinguished, the authority of his Majesties Officers and Souldiers, being derived from his majesty, as the fountain of the same, but specially in this case, where first before they did enter in fight, there was no discharge nor prohibitione as to the granting of quarter, but on the contrary, the lieutenant general and all the Officers being present, were witness to the granting of quarter, and thereby the same was not acts of simplo Souldiers, but acts warrant it and authorized, by the knowledge and allowance of persons having supreme commands: And as to that parte, that there was not bellum justum upon the parte of the pannals and their complices, it is answered, that the pannals doth with all submissione and humility aclowledge the same, but the consequence that can be inferred thereupon, is not that quarter given should not be observed, but that quarter might have been justly refused; and there is no doubt, but jura belly, which do naturally arise, without express covenant and pactione, cannot be extend it to this case, but notwithstanding thereof, where quarter was granted in maner foresaid, it cannot be to interpret in Law or reason, as to be a snare to any who were resisting the power of the granters justly or injustly; And its a common and known distinctione inter deditos& Captos, the first being in the case of a simplo surrender, which can import no more but at most a submissione upon mercy; but is far otherways in the case of persons ●aken upon the express terms of granting and accepting quarter, and that this positione is neither absurd nor illegal, nor destitute of ●he authority of eminent Lawyers, and the practices of most famous ●nd military nations, may appear from the judicious and learned Grotius, who hes writ ex instituto, and most excellently upon ●he same subject, which he entitles de jure belly& pacis. And who ●n his nynteenth chaper. 3. book. Entitulate de fide inter hoste● 6. paragraph. after having premised what does import fides, which he resolves not only to be inferred from writ and words, but even from sense known and customary, he does expressly state this question, quid ergo dicemus de subditorum bellis adversus reges aliasque summas potestates? Where he resolves the question upon the former ground, that pactione and transaction does abstract from the quality and demerit of persons, that illis etiam fides data servanda est,& generaliter fidem datam servandam etiam perfidis, and the reason is clear, because there is no apparent reason why the granters of quarters, having interponed their faith, why they should violate the same. And as to that pretence, that non grants quarters but these who remits the crime of treason, its answered that its humbly conceived there is a vast disparity, for in the act of remissione of either the crime of treason or any other, its pura oblatio, and the sole act of the granter, whereas the granting of quarters is by way of pactione and transactione, in impetu& furore belly, and in contemplatione whereof, the persons, supposeing themselves secured, as to their lives, by quarter bacame in the power of the granters without resistance. And as to that ground that his majesty, by the authority of the Lords of his privy council, did emit a proclamatione declareing, that the convocatione lybelled was a rebellione, and that all who were accessary thereto, give they did not lay down their arms should be incapable of mercy; Its answered first, that this proclamatione was not intimate to the pannals, nor did consist in their knowledge, yet suppose it had been known, it cannot clide the quarter granted to the pannals, because notwithstanding of any such proclamatione, his Majesties Officers and Souldiers did grant the samyne, long after the emiting of the proclamatione, and the pannals were in optima fide, finding his Majesties Officers and Souldiers willing who cannot be supposed but to have known his majesty and the Lords of his privy council their sense and meaning of the proclamatione, which behoved to have restrained them from giving of quarter, yet notwithstanding seing the samyne was granted, the pannals had reason to believe that they were sufficiently warranted to that effect, and hes restend upon their faith in accepting the samyne, and albeit be proclamatione, they were declared incapable of mercy, that neither in reason or words can be interpnted to the case of quarter, which was not one act of simplo mercy but upon pactione and transactione.  
Sr. George Mc. Keinzie adds to this former allegiance, that pactions betwixt King and subjects, though they cannot be forced, and it is rebellione in subjects to require them, yet being once made, they not only are ordinarily kept among all nations, but his majesty who now reigns, having made with the greatest of the rebells a more dishonourable pactione, did observe the samyne, viz the Parliament 1649, which his majesty ordered to be observed by one express order.  
My Lord Advocate answers and triplyes, primo, though we were in bello as we are not, and in the case of quarter, yet the allegiance is no ways relevant as its proponed and qualified, and its not condescended, what persons did give quarters to the pannals or any of them, nor in what terms, and to infer quarters and impunity from the naked taking of the pannals, and because they are prisoners, its without any Law or reason, seeing the pannals might have been overpowered and taken, and its to be presumed, that his Majesties army being more numerous and victorious, that they were overpowered and vanquished, and that they were not taken either upon one express or one implicit conditione or capitulatione, and the rebells being routed, it cannot be thought that his Majesties Officers and Souldiers and persons of such valour, would have given quarters, upon account of a pretended transactione, and in order to their own safety, and that they would owe their lives dishonourably to traitors. Secundo. The former answer is repeated, and it is most evident that we are not in the case of quarters, and though, where there is bellum, and where there is the relatione of hostes, it may be pretended that quarters ought to be observed, with abstractione from the quality of the difference of the war, whether just or injust, as when war is betwixt his majesty and any his neighbour Princes and estates, though it be injust upon the parte of these enemies, quarters may and ought to be kept, yet in this case, where there is no bellum but rebellio& proditio& laesio Majestatis, where there is not hostes but praedones, such as all persons are, that are in the conditione of the pannals, who perfidiously doth rise up against their sovereign Lord, there can be no pretence for any privilege of jus belly and of quarters. And as to that pretence, that fides publica est servanda, its without all question that when fides is given be one express treaty, not only between his majesty and any other stranger Princes or states, but betwixt his majesty and his subjects, be one act of pacificatione or any other treaty, ought to be observed religiously, but we are not in the case where fides publica is given either be his majesty, or any authorized by him, and having express power to that purpose, and that his Majesties general, or his Officers or Souldiers, hes power to grant any such fides, unless the commissione were express to that purpose, is petitio principii, and is altogether denied, and that the most that quarters can import in this case, though it could be made out that quarters were granted, Is, that the general, or his Officers and Souldiers, be granting of quarters, might have secured them as to that which were in their power, viz that they should not then be presently cut off, but that they should have secured them from that which was not in their power, from the just-stroake of justice, is altogether denied. And as to the pretence of transactions, and the reasons and arguments adduced for the pannals to that purpose, if there were any weight therein, the most it could operate, were to be motives for making a Law to that purpose, that his Majesties Officers, eo ipso that they are in power to serve under him, should have power by granting of quarters, to secure the Lives of traitors; but there is no such Law, and a general being commissionate, and having gone to suppress rebells, without any hint to the purpose foresaid, the defence being neither founded on the common Law, nor upon laws nor acts of Parliament known in this country, is most irrelevant, specially being considered that it is one undoubted principle, that treason, being of so h●gh a nature, cannot be remitted but be one immediate grant and remissione of his majesty under the great seal, or some person having commissione, under the great seal expressly. As to the Authority from the Lawyers mentioned in the alleadgiance, they are but the opinions of private men, and does not amount to the authority of a Law, specially in this kingdom, there being clear and express acts of Parliament, and fundamental laws, that his Majesties Lieges and people should be governed and judged be his Majesties laws allenarly, and not by the laws of any natione, and much less be the simplo opinions and School-dictates of Lawyers; Lykas the said authorities, though they were of any weight, they do not meet nor quadrate the case in question, in respect they are only the case of bellum, as said is, or when there are express and public transactions, be treaties, edicts or acts of honesty and oblivione; and Grotius, though he might be suspect, as being the subject of one estate who had shaken of the government of their Prince, yet he is most clear in the case, that there is no bellum betwixt subditi and their sovereign Lord, and that resistentia subditorum is vetita omni jure, and cannot pretend to the jura and rights and privileges of war, unless the sovereign authority be pleased to condescend so far, as to capitulate expressly and treat with the subjects; And its a most groundless pretence, that of a transactione, between the general, or any Souldiers or Officiers as to the matter of quarters, seing it cannot be said that the general had power, to transact be one express capitulatione betwixt him and the rebells: And it is without all question, that the general could not have secured the rebells of this army, be a transactione be himself, without express warrant from his majesty, or from his council, and consequently seing by a dounright and express transactione of treating, he could not secure traitors, Its gratis and without warrant asserted, that he, and much less his Officers and common Souldiers, could be a pretended implicit transactione, secure and indemnify traitors; and it is without all question, notwithstanding of the pretences in the contrare, that the general had no power to grant the said security; if his commissione had related to quarters, as it could not do in this case, having to do with rebells and traitors, and not with one enemy, and if his commission had been express, that he should not have power to secure the rebells by quarters, but that they should be altogether incapable of mercy, no person could have the confidence to assert, that he would grant quarters in the case foresaid, and it is clear that we are in a stronger case, seing the general had no such commissione and power to grant quarters, And the council be their proclamatione foresaid, does declare the rebells as said is incapable of pardon, which being intimate to the general, and being sent to him, and intimate to all persons concerned by proclamatione, to plead in pretence of ignorantia or bona fides is most frivolous and unwarrantable, seing ignorantia juris nemini prodesse debet, and its their own fault, if, being engaged and bussied in their rebellious course, they did not come to the knowledge of the said proclamatione, being founded upon the common Lawe, and the Law of the kingdom; It being a principle of both, that traitors are nulli, and no men in the constructione of Lawe, As to any benefit and capacity of any pretendit transactione, and as to the instances from the practices of Spain, Holland, France and other kingdoms, they do no ways quadrate in this case, the samyne being as said is of publica edicta, and express treaties and transactions, in respect of all which the defence ought to be repelled.  
Mr. William Maxwell for the pannals quadruplyes, that where as it is answered, that the defence is not definitely qualified, nor condescended upon the persons granters of quarters, and in what maner; It is answered, that it shall be condescended upon in writ who granted the samyne, being listed Souldiers and Officers under the general, and as for the maner, the same was in usual form that quarters are granted, viz assurance of their Lives from those who granted quarters: Next, where it is alleged, that quarters cannot be presumed to have been granted, his Majesties army being victorious and the other party routed, who alleges to have gotten quarters, its answered, that no suppositione can be admitted, against a positive defence which is offered to be proven; As for the third, whereby it is alleged there can be no quarters sustained as lawful, but where the war is just, which cannot be in this case between his Majesties general and the rebells, It is answered, that the pannals oppons their former answer; and adds that the question is not here in the Lawfulness of the pannals quarrel, but whether or no his Majesties lieutenant general, being constitute as a general, be his commissione, could give quarters or not: which the pannals mantains he had power to do, being his Majesties Lievtenent general, by commissione, neither needed any such express power be insert in his commission, for giving of quarters, because inerat in his commission, and every listed Officer and soldier under him, he having the said commissione, the like power, as any other Princes general and others under him hes, and to hold the contrare it seems strange, for it was never called in question in any nation heretofore, nor did ever his majesty or his royal father, call in question the quarters granted by their general Officers, or listed Souldiers under him in the fields, but esteemed the same ever sacred, to be keeped even unto these, who were in a model of one army of rebellione in the time, and if quarters should not be kept, but elided by a secondary way of pannalling the persons receivers of the quarters, it should both entrench upon the word of the general his commissione, and Souldiers, to whom hereafter non may give trust, especially in a matter of sua high concernment, after their lives are secured to them be quarters. And as for the alleadgiance, that the general could not treat or assure them by a public transactione, without the consent of his majesty or his council, the pannals first Leaves that to the consideratione of his majesty and his secret council, giff the general being called with a commissione from his majesty, hes not power to treat, to grant quarters or receive any of those who are in rebellione to peace, where in his commissione is ample and not restrictive; The pannals answers no further, but oppones the amplitude of the commissione, the constant course observed be his majesty, and his fathers Generalls of before, the assurance given for their lives by the quarter, and the dangerous consequence may ensue thereupon: And where as its alleged, that the pannals, being traitors the quarters cannot operate for them, to exime them from the trial, and inflicting the punishment conform to the Law of the kingdom, since they must be ruled by the laws of the kingdom, and there is no Law that can warrant their rebellion, or exeem them from the punishment due to rebells; It is answered, that the case now in debate is, whether quarters given to persons, modeled in one army in the fields, giff they having received quarters, there being no Law to discharge their general to give quarters, if they did not Lawfully accept therof, he Lawfully grant it; for albeit the laws of this kingdom rules in time of peace amongst all the subjects, but in the time of war, where there is two armies in the fields, there the Law of arms takes place, and the Law of nations, whereupon the faith given in quarters is founded, most be kept, and never was broken. And as for the alledgiance, that giff the general had been restrained by the commissione to give quarters, the quarters given be him could not be respected, and that its alleged the case is alyk here, there being a proclamatione emitted be the council, declareing the pannals actings to be rebellione, and that they were commanded be the same, to Lay down their arms within a certain space, otherways to be proceeded against as the worst of re●ells and traitors, and not to have mercy; It is answered, first, that proclamatione does no ways derogate to the Generalls commissione ●hich remained as absolute as before, so long as he remained in the fields, nor does the council, be the said proclamatione discharge him to give quarters, thereby to retrench the power of his commissione; Secondly, the proclamatione could not be known to the pannals, who could not have access to the mercate across, where the samyne was to be promulgate, Proclamations at mercate crosses being the course of making known the Councells pleasure in peaceable times, but the course of war is when two armies in the fields, the one sends a trumpet with a proclamatione to intimate the same; Thirdly, They not knowing the proclamatione in the time of the conflict, and the pannals being required to Lay down arms, showing it was the Councells will, and quarters being given there upon, as they would have had a good defence, if they had laid down arms within the time prescribed be the proclamatione, if the same had come to their knowledge, so lykways in this case, being intimate to them the time of the quarters, and they having given obedience thereto, upon assurance of their Lives, ought not to be broken, in respect whereof the defence stands relevant notwithstanding of the former triply.  
Sr. George Mc. Keinzie for the pannals adds, that the subject matter of this debate is the Law of arms, and ther being no express positive Law to regulate the same, its offered to be proven, by such as understand the Law of arms, that quarter is allowed where subjects in arms ryses against their Prince, though given but by private Souldiers; except there be one express prohibitione in the contrary, Lykas it is offered to be proven be the general, lieutenant general and other Officers, that in this case, they either gave quarter, or allowed the giving of quarter, and that honor being concerned, it is hoped, that the Justices will advyse with the council, by whose commissione they act it, and against whose order this debate will infer he hes malversed; And it is not known upon what account he thought himself authorized, to give or allow the giving of quarrer, of which he himself can only give one account, and all the lieges in the natione are here concerned, seing in all subsequent and supervenient broils, every man to make sure shall cute his neighbours throat, so that the innocent shall have no defence, and rebells shall be fortified in their courage, and necessity, which legitimates all other acts, in the opinione of such as in furore belly consult with nothing but with their safety, will obdure them much more then formerly, and of ordinary rebel make them insupportable traitors and rebells, and that place in th● Kings, spoken of by one of the Prophets to a King of Israell, is here remembered, ( wilt thow take the life of those whom thow hast taken by thy bow and sword.)  
Mr. William Maxwell for the pannall John Shiels in Titwood alleges, the conclusione of the dittay cannot be infered against him, because its offered to be proven, that he was in the army with his Majesties general, the time of the proclamatione, which coming to his knowledge, if he had any arms then, he was willing to Lay them down, and fo have obeied the proclamatione, by his willingness if he had been in the field, so that iff he had been out with the rest of the pannals, he would have had the benefit of the said proclamatione, and being then in firmance and prisoner with the general, and being most willing to obey the proclamatione, the conclusione cannot be infered against him: And whereas the proclamatione, even for these who should give obedienc thereto, the effect therof to them could be to come to mercy, the pannal does humbly conceive, that the councils meaning was never to take the Lives of these who obeied the proclamatione, specially seing the certificatione is express, that to such as are disobedient, they should be proceeded against as traitors without mercy, which clearly includes mercy to the obedient.  
Mr. Robert Dicksone for the pannall John Ross, repeats the whole former defences upon the benefit of quarter, and repeats the last defence proponed for John Shiell, and humbly craves the benefit of his Majesties proclamatione.  
My Lord Advocate answers shortly to the alleadgiance for shiell and Ross, that the same merits no answer, in respect the saids persons were taken as spies and emissaries, for giving intelligence to the rebells, and were prisoners for the time, and their arms being taken from them upon the occasione foresaid, they could not Lay down the same, nor pled the benefit of the proclamatione, conceiving these who should be in arms, the time of the issueing and proclameing the samyne, whatever the import and benefit and extent of the proclamatione be, which the persuer neither doth nor is concerned to dispute in the case of the saids pannals.   

The justices repels the defence, duply and quadruply proponed for the pannals, in respect of the Reply and triply proponed be his Majesties Advocate: As also the defence proponed for Shiel and Ross, in respect of the reply, And ordains the dittay to pass to the knowledge of one inquest.  
The assize lawfully sworn no objectione in the contrary;  
My Lord Advocate, for proveing the dittay, produces the pannals confessione, made to the Lords of his Majesties privy council, and a committe of them, whereof the tenor follows: Viz the said Captain Arnote did confess, that he did join with the rebellious party in the west at air, and came alongst with them in their march to this country, and that he did accept the command of one of their troops, and did rid upon the head therof; That he came with them to Lanerk, and took the covenant with them there, and did rid allongst with them to Bathgate, Collintonne and Pentland and was at the late fight in arms, with his sword drawn. The said mayor John Mc. Culloch did confess, that he joined with the rebells at air, and came with them to Lanerk, and there took the covenant with them, and continued with them in arms and rebellione, until wednsday the day of the conflict at Pentland, where he was in arms and taken prisoner. The said Gavine Hamiltone did confess, that he joined with the rebells, and came allong with them, and that he was in Mc. Cleiland of Barscobs troop, and was in arms at the fight of Pentland, where he was taken. The said John Gordone did confess, he joined with the rebells before he came to Lanerk, where, having taken the covenant with them, he marched and came allong with them to Collintonne and Pentland, on horseback and in arms, with them at the conflict, where the rebells, were defeat. The said Christopher strange did confess, that he joined with the rebells, and was at Lanerk with them, and took the covenant, and came allongst with them to Pentland, and was one horseman, in arms with sword and Pistols, under the command of captain Patoune comander of one of the rebells troops, and was in arms at the Late conflict. The said Robert Gordone did confess, that he joined with the rebells at Douglass, and came allong with them, and had charge as a cornet of a troop of horse, where of Maxwell younger of Monrieff was captain, And that he was in arms with the rebells at the Late conflict. The said John Parker did confess, that he joined in arms with the rebellious party in the west, and came allongst with them to Pentland, and was there under the command of colonel Walace. The said John Ross did confess, that he joined with the rebells in the west, and that at the desire of Mr. John Guthrie, one of the Officers of the party, he went allongst to discover, giff the Kings forces were coming to Kilmarnock, being in arms and having Pistols with him, and going allongst with John Shiels and other persons, to bring the rebells intelligence. The said James Hamiltone did confess, that he joined with the rebellious party, and was with them at Lanerk, where he did take the covenant, and marched alongst with them in Barscobs troope, with sword and Pistols, and came allongst with them to Collingtone, and from thence to Pentland, and was their in arms when the rebells were defeat. The said John Shiels did confess, that he joined with the rebellious party in the west, and that he was employed, and did go at the desire of Mr. John Guthrie, and some of the Officers that commanded that party, with John Ross and other persons, as a spy to see if the Kings forces were coming to Kilmarnock, and bring the rebells intelligence. Which confessions being red to the pannals, and they particularly and severally accused conform thereto, and having judicially, and in presence of the assize, acknowledged and renewed the samyne, My Lord Advocate thereupon took instruments.  
The assize be plurality of voice, elects Sr. Alexander Urquharte in Chancellor.  
The assize unanimously all in one voice, be the report of Sr. Alexander Urquharte of Cromarty their Chancellor, finds the persons impanelled above and afternamed, to be guilty and culpable, of the particular treasonable acts aftermentioned, contained in the indytment, viz. captain Androw Arnote to be guilty, of joining with the rebells in the west, coming allongst with them in their march, accepting the command of one of their troops, and rydeing upon the head thereof, and coming with them to Lanerk, and there taking the covenant with them, and of coming allongst with them to Bathgate, Collintonne and Pentland, and of being at the Late conflict therein arms with his sword drawn. The said mayor John Mc. Culloch to be guilty, of joining with the rebells in the west, and coming with them to Lanerk, and taking the covenant with them there, and continueing with them in arms, until wednsday the day of the conflict, being with them in arms there, where he was taken prisoner. Gavine Hamiltone in Maulslie to be guilty, of joining with the rebells in the west, and coming allongst with them in arms, in Mc. Clelland of Barscobs troope, and in being in arms at the fight of Pentland, where he was taken. John Gordone of Knockbrek to be guilty, of joining with the rebells before they came to Lanerke, where he, having taken the covenant with them, he marched allong with them to Collingtone and Pentland on horseback, in arms with the rebells, and being in arms with them at the conflict, where the rebells were defeat and he taken. Christopher strange tenant in Kilbryde to be guilty, of joining with the rebells in the west, and being at Lanerk with them, where he took the covenant, and coming allongst with them from Lanerk to Pentland, one horsmane armed with sword and pistols, under the command of captain Patoune, commander of one of the rebells troops, and being in arms at the conflict at Pentland, where he was taken. Robert Gordone Brother to John Gordone of Knockbreck to be guilty and culpable, of joining with the rebells at douglass, and coming allongst with them, having charge as a cornet of one troop of horss under the rebells, whereof Maxwell younger of Monrieff was captain, and of being in arms with the rebells at the conflict at Pentland, where he was taken. John Parker Walker at Kilbryde to be guilty, of joining in arms with the rebells in the west, and coming allongst with them to Pentland, where he was taken under the command of colonel Walace. John Ross in Mauchline to be guilty, of joining with the rebells in the west, at the desire of Mr. John Guthrie and some of the Officers of that party, and of going allong to discover if the Kings forces were coming to Killmarnock, he being in arms and having Pistols, and going to bring the rebells intelligence. james Hamiltone tenant in Kittimure to be guilty, of joining with the rebells that rose in the west, being with them at Lanerk, where he took the covenant, and marching allong with the rebells in barscobs troope, with sword and pistols, And coming allongst with the rebells to Collintone and Pentland, and being their in arms with them when they were defeat. John Shiell in Titwood, to be guilty of joining with the rebells, and of going at the desire of Mr. John Guthry and some of their Officers, to see if the Kings forces were come to Kilmarnock, and to bring the rebells intelligence, and that conform to their several confessions; Sic subscribitur.  
Urquharte.  
My Lord justice clerk, and justice deputy, decernes and adjudges, the said captain Androw Arnote, mayor John Mc. Culloch, Gavine Hamiltone in Maulslie in Carluke Parish, John Gordone of Knockbrek, Christopher strange tenant to Kilbryde, Robert Gordone Brother to John Gordone of Knockbrek, John Parker Walker in Kilbryde Parochine, John Ross in Machline, james Hamiltone in Kittimore, and John Shiels in Titwood, as being found guilty by one assize, of the treasonable acts foresaid, to be tane upon frieday the seventh day of december instant, betwixt two and four houres in the afternoon, to the Mercate across of Edinbrugh, and their to be hanged on one gibbet, till they be dead; and after they are dead, their heads and right arms to be cut off, and disposed upon as the Lords of his Majesties privy council shall think fit; And all their Lands, heretages, goods and geir, to be forfaulted and escheat to his Majesties use, for the treasonable crimes foresaid: which was pronounced for doom, be Henry Monteith dempster of the Court.   

Folloueth that nonesuch God-daring act of council anent the dissposal of the heads and right arms of the fore-mentioned martyrs after they were cut off according to the sentence and doom pronounced as afore-said. Edinbrugh the 6. of December 1666.  
THe Lords of his Majesties privy council ordains the heads of the persons under written to be cut off and affixed at the places follouing viz. mayor Mc. Culloch John Gordoune of Knockbrek and his Brother Roberts at Kirkcubright John Parker, gavin Hammiltone, james Hamiltone and Christopher strange their heads at Hammiltone, Iohne Ross, John Shiels at Killmarnok and captain Arnots head at the Wattergate and ordains the magistrates of the respective places to cause affix the saids heads accordingly and recomends to the magistrates of Edinbrugh to cause bury the corpes of the saids persons at such places as they shall think expedient and where traitors are usually butted.   

EODEM DIE.  
The Lords of his Majesties privy council ordains the right arms of mayor M. Culloch John Gordoune of Knockbrek and his Brother Roberts, John Parker Waker, Gauine Hammilltoune, James Hamilltoune, Christopher strange, Iohne Ross in Mauchline, John Shiells tennent to Sr. George Maxwell and captain Arnot, who are to be execute the morrow as Traitors to be cut off and by the magistrates of Edinbrugh to be sent to the magistrates of Lanerk which they ordain them to affix upon the public ports of that town being the place where they took the covenant.   

The Joint Testimony of these who died together in Edinbrugh, December 7. 1666. subscribed by them in prison, the same day of their death.  
Men and Brethren.  
THis is a great and important work, both for us who are now to render up our spirits to him that gave them, And for you who are not a little concerned in the Cause, and in our blood by justifying or condemning our sentence: And therefore, as we speak to you as Dying men, who dare not dissemble with God or man, nor flatter ourselves, So ye should not be idle, curious, or unconcerned Spectators.  
We are condemned by men, and esteemed by many as Rebels against the King( whose Authority we aclowledge) But this is our rejoicing, the testimony of our conscience, that we suffer not as evil doers, but for Righteousness, for the Word of God, and Testimony of Jesus Christ; And particularly for our renewing the Covenant, and in pursuance thereof, for Preserving and Defending of ourselves by arms, against the Usurpation and insupportable Tyranny of the prelates; And against the most unchristian and inhuman Oppression and Persecution, that ever was enjoined and practised by just Rulers, upon Free, Innocent and peaceable Subjects.  
The Covenant and Cause being so just in themselves, and the duties of Self-preservation and mutual Defence in maintenance thereof, being to Judicious and unbiased men so clear, we need to say the less for vindication of our practise: Only, the laws establishing Prelacy, and the Acts, Orders and Proclamations made for compliance therewith, being executed against us by Military Force and Violence; And we with others, for our simplo Forbearance, being Fined, Confined, Imprisoned, Exiled, Scourged, Stigmatized, Beaten, Bound as beasts, and Driven unto the mountains for our lives; And thereby hundreds of Families being beggared, several Parishes and some whole Country sides exceedingly impoverished; And all this, either Arbitrarily and without any Law, or respect had to guilt or innocency; Or Unjustly contrary to all Conscience, Justice and Reason, though under the Pretence of iniquous Laws, and without regard had to the penalty specified in the Law; And all Remonstrating of Grievances( were they never so just and many) and Petitions for Redress, being restrained by Laws condemning all former Remonstrances and Petitions in the like cases; There was no other remedy left to us, but that last of necessary Self-perservation and Defence. And this being one of the greatest Principles of Nature, warranted by the Law of God, Scriptural Instances, and the consent and Practices of all Reformed Churches and Christian States abroad, and of our own famous Predecessors at home, It cannot in reason or Justice, be reputed a Crime, nor condemned as Rebellion by any human Authority.  
Though we be not the first that have suffered for the Cause of God within the Land, yet we are among the first that have been Legally condemned and put to Death expressly for taking the Covenant: And we are so far from being ashamed thereof, that we account it our honour to be reckoned worthy to suffer for such a Cause; And cannot but bless the Lord, that we have such a cloud of Witnesses, in this and other Reformed Churches, going before us in the same duty for Substance, and in Suffering therefore.  
We cannot but regrate( if we could with tears of blood) the national and authorised Backsliding of the Land, by Perjury and breach of Covenant; The overturning of the Work of Reformation; The great Desolation of the House of the Lord, by smiting of the Shepherds and scattering of the Flocks; The Intrusion of so many mercenary Hirelings into the Ministry, who because of apostasy, Perjury, Ignorance and Profanness, can neither be acknowledged as God's mouth to the People in Preaching, nor employed as their mouth to him in Prayer; The abounding of Popery, Superstition, and Profanness by unheard-of Oaths, Blasphemies, Uncleannesses and Drinking, even in some whose Office and Place requireth them to be more exemplary; And the shedding of the Blood of the Saints by the rage of Persecution: And therefore we cannot but disown all these abominable Laws, Courses& Practices,& declare our abhorrence of the same,& dissent therefrom; Protesting before Angels and Men, that we be not interpnted as consenters thereto, and beseeching the Hearer of prayer, that we be not involved in the guilt thereof, nor partake of the plagues which follow thereupon.  
As this Land was happy above all Nations, for the purity and plenty of the Gospel, and for a Form of Church Government more comform to the pattern in the Scriptures, then in others of the Reformed Churches; So we aclowledge his great goodness to us in special, that gave us our lines in such pleasant places: For we have such full persuasion of the Truth of the Reformed Religion in the Church of Scotland, And have felt so much of the Power and Sweetness thereof, that we do here declare our firm belief and persuasion of, and adherence to the same, in Doctrine, Worship, Discipline and Government, according to the national Covenant, the Solemn League and Covenant, the Confession of Faith, Catechisms Directory of worship, and Propositions for Government; Accounting it our honor and happiness to have been born in it, to have lived in Communion, with it, and now to die( through Grace) Members, Witnesses and Asserters thereof.  
And further as Christians and as Members of the same Church and Common-wealth; in the Fear and zeal of our God, in Love to our Brethren, in desire of the Preservation of Church and Kingdom, and for our own Exoneration, now when we take our leave of the World, We do seriously and in the bowels of Christ, Supplicate, Warn, Exhort and Obtest you all the Inhabitants of the Kingdom, from the King to the meanest of the Subjects, according to your old Principles, Professions, Promises, Declarations, Oaths and Covenants, faithfully to Own, Maintain, preserve and Defend the said Religion; And after the example of our Noble and Renowned Ancestors to quit yourselves like Men& Christians, in endeavouring by all just Means, according to your Places and Powers, to shake off this heavy yoke of PRELACY, which neither we nor our fathers were able to bear,& which is Destructive to all our true Interests, Religious and Civill: As ye would not involve yourselves in the guilt and plagues of Perjury and Breach of Covenant; And as you tender the good of your own Names, Persons, Estates, Families and Liberties, as well as of your immortal Souls; And as ye would partake of the good of God's chosen, and of our joys, when ye come so near Eternity as we are.  
We shall say no more, but as we were not afraid to take our lives in our hands, so we are not afraid to lay them down in this Cause; And as we are not ashamed of Christ because of his across, so we would not have you offended in Christ nor discouraged because of us: For we bear you record, that we would not exchange lots with our Adversaries; nor redeem our Lives, Liberties and Fortunes, at the price of Perjury and breach of Covenant.  
And further we are assured, though this be the day of iacobs trouble, that yet the Lord, when he hath accomplished the trial of his own, and filled up the cup of his Adversaries, he will awake for judgement, pled his own Cause, avenge the quarrel of his covenant, make inquiry for blood, vindicate his People, break the arm of the wicked, and establish the just; For to him belongeth judgement and vengeance: And though our eyes shall not see it, yet we believe that the Sun of Righteousness shall arise with healing under his wings;& that he will revive his Work, repair the breaches, build the old wastes, and raise up the desolations; Yea the Lord will judge his people,& repent himself for his servants, when their power is gone, and there is none shut up or left: And therefore, rejoice, O ye Nations, with his People: For he will avenge the blood of his servants, and will render vengeance to his adversaries, and he will be merciful to his Land and People. So let thy Enemies perish O Lord, but let them that love him, be as the sun when he goeth forth in his might. Sic subscribitur.  

John Mc. Culloch of Barholm.  
And. Arnot.  
John Gordon of Knockbrex.  
Robert Gordon his Brother.  
John Ross.  
John Shields.  
james Hamilton.  
John Parker in Busby.  
Christopher strange.  
Gavin Hamilton.    

Another Testimony which was' also left by such of the Former ten Persons, as were in the same Chamber with the forenamed Thomas Paterson Merchant in Glasgow; who, being in like manner indicted but dying of his Wounds before Sentence, did communicate the same to his friends, with his Assent thereunto.  
MEn and Brethren, being condemned by our Rulers as Traitors, lest we should seem to many to suffer as evil doers, in the first place, we bless and praise the Lord our God, who hath made us( the unworthiest of all men) Worthy to be faithful to him, who is King of Kings and Lord of Lords, and in simplicity and godly Sincerity, singly to mind his glory; and who also maketh the across of Christ( though by men superscribed with Treason) our sweet consolation, and his own joy our strength.  
2. We declare in the presence of the same God, before whom we are now ready to appear, that we did not intend to rebel against the King and his just Authority, Whom as we aclowledge for our Lawful sovereign; so we do earnestly pray in his behalf, that God would open his eyes and Convert his heart, that he may remember his vows made unto God, relieve this oppressed Kirk, and long reign and flourish in righteousness.  
3. We declare, that perceiving the Holy Covenants of our God broken, the Work of the Lord overturned, the Gospel and kingdom of Jesus Christ despised and trampled upon, his pure Ordinances corrupted, his faithful and our soul-refreshing Ministers cast out, and the Land filled with Perjury and Profanity, and like to be hurried back to that gulf of Ignorance, Superstition and Confusion, whence the Lord did so gloriously deliver us; And finding ourselves not only Spoiled of our most precious blessings, and most dear enjoyments, but urged and compelled by cruel Violence and Barbarous Persecution to wicked apostasy from our Holy Covenants, and to Rebellion against our God; And all this done by no other hand then the wicked and perjured prelates; And for no other ends( whatever they may pretend) then the satisfying of their own vile lusts, and establishing their so often abjured Antichristian Tyranny, over both Souls and Bodies of Men; And lastly finding former Petitions condemned as Seditious, and our private complaints( when but muttered) insolently rejected, We did in the fear and Zeal of our God, and by the warrant of his Holy Word, according to the first and most Innocent instinct of pure Nature, and the practise of all People and Persons in the like case; And after the Example of all the oppressed Kirks of Jesus Christ, and of our Noble Ancestors, take the Sword of Necessary Self-defence, from the rage and fury of these wicked& violent Men, until we might make our heavy Grievances known to his Majesty, and obtain from his Justice a satisfying remedy.  
We will not now mention our particular Sufferings, nor the sighs and groans of poor wasted gallovvay, which though very heavy from the hand of man, are all to light for Jesus Christ; Nor are we willing to reflect upon these grivous and bitter laws and Edicts, by which they seem to be warranted: Only we know that God is Righteous, whose laws and judgments are Superior and above all the laws and Actions of men. And to him who will judge righteously, We entirely Commit our Cause, which is none other, then the Reviving of the Work of God and Renewing of his Covenant: Which though it pleased the Holy and Wise God, not to favour with Success in the field, and though by men it be made our Condemnation, yet( it is our Righteousness) innocency and Confidence in his sight. And all praise and thanks be unto our God, who not only kept us steadfast in his Covenant, and made us Willing and Ready to adventure our Lives for his Name; but hath also accepted and dignified our Offer, with this public Appearance; Where, in his own glorious presence before whom we shall instantly appear, and before our often Sworn and once Zealous and tender Brethren in the same Cause, and in midst of Thee O Edinbrugh, once famous for the Glory and Zeal of God and of this Covenant, we may give and Seal this our Testimony with our blood.  
We therefore the unworthiest of all the Faithful, do in the Spirit of God and Glory, Testify and Seal with our Blood and Lives, that both the National Covenant and solemn League and Covenant are in Themselves Holy, Just, and True, and perpetually Binding, containing no other thing, then our indispensible Obligations to all Duties of Religion and Righteousness, according to the revealed Will of God, which no Authority nor Power of Man, is or ever shall be able to disannul; And that our blessed Reformations both from Popery and Prelacy, and all that was done or ensued, in the sincere and upright prosecution thereof, was and is the Work of God, which though Men fight against, yet shall they never be able to prevail: And as this is our Faith, so it is our Hope to all that wait for the Salvation of God, that our God will surely appear for his own Glory, and vindicate his Cause and persecuted People, and render vengeance to his Adversaries even the vengeance of his Holy Temple and broken Covenant. O be not then moved with our Sufferings which are but Light and Momentany, for they Work for us a far more, execeding and Eternal sprite of Glory, and for you also a strong Confirmation and abounding Consolation, against the like trial that possibly may befall you. O then save yourselves from this Wicked and apostate Generation, and be ye steadfast, unmovable, always abounding in the Work and Cause of the Lord; Waiting for the appearance of our Lord Jesus Christ, which in his Times he shall show, who only hath Immortality, dwelling in the Light which no man can approach, whom no man hath seen, or can see, to whom be honour and Power everlasting. AMEN.   

The Testimony of CAPT. ANDREW ARNOT, One of the former ten who died. Decemb. 7.  
DEar Friends and Spectators, I am brought by the good providence of God to this public place of execution( which is no dishonour) for points of Treason, as is alleged; but God knoweth( who knoweth the secrets of hearts) whether in Rebellion or not, I cam forth: He is my witness& will be my Judge. And whoever they be that any way have been instrumental or incensed against me to procure this Sentence against me, God forgive them,& I forgive them. I am not now purposed to disput the matter of my being in company with these worthy Christians who are now defeat and broken, their blood  shed, and they despitfully mocked by many: I aclowledge and declare that I was with them. As to the cause of my being with them, whether in Rebellion or not God knoweth, and all Israel shall. And for me, I say the Cause is the Lords, who made the Heaven and the Earth, though now it be hated. And I desire to bear witness( with the rest of the worthy witnesses, who are gone before and are now staged) to that glorious Work of Reformation in Britain and Ireland, and to Gospel Ordinances in their Purity, as they have been taught and administrated these 30. Years last by past, And I adhere to the Presbyterial way of doctrine, Worship, Discipline, and Government, by General Assemblies, Synods, Presbyteries, and Sessions, according to the pattern of the holy Scriptures( Jesus Christ himself being the head Corner-stone) the Confession of faith, catechisms Shorter and Larger, Directory for Worship, National Covenant, solemn League& Covenant,& every Paper tending to the good of the true Religion. And this I think fit to Testify& Declare under my hand( not knowing if I shall have any Liberty to speak,)& intend. God willing, to Seal with my Blood shortly. I confess that unexpectedly I am come to this place,( though sometimes I have had some small thoughts of it) and I do account myself highly honoured to be reckoned amongst the witnesses of Jesus Christ, to suffer for his Name, Truth and Cause; and this day I esteem it my Glory, Garland, Crown& royal dignity to fill up a part of his sufferings. And now I take my leave of you all my dear and worthy Friends and acquaintances. The Blessings of the eternal God be multiplied upon you and your seed, and upon all the suffering Friends of Christ this day; upon my dear and loving Wife, who hath been a faithful sympathizer with me, and upon my dear Children. The work of God is now at under but Christ shall carry the Day: Blessed is he that believeth and seeth not, for there shall be a performance. Now the eternal God, who brought again the Lord Jesus Christ from the dead, the great shepherd of the flock, strengthen and establish you and all the Lord's people. So pray ye, and so prayeth your Friend.  
ANDREW ARNOT.   

The Testimony of JOHN SHIELDS, Yeoman one of the former ten who died at Edinbrugh the 7. day of Decemb. 1666.  
I Am a man unlearned and not accustomend to speak in public, yet being now called to witness and suffer for the Lord in public, I cannot be altogether silent of that which Religion and Reason hath taught me anent the cause of my suffering.  
I bless the Lord, I suffer not as an evil doer, especially not for any Rebellion against his Majesties Lawful Authority; I attest him who is the searcher of hearts, that was never my intention in the least, and it is as little the nature and intention of what I have done; But for renewing of the Covenant with the Lord, and following the ends thereof, as to the suppressing of abjured prelates, and Intruders upon the Lords flock, and the restoring of the Government of the House of God by Presbyteries as he himself hath appointed in his Word, with a faithful, Godly, Called, and Sent ministry; And together with pure Ordinances, the Power of Godliness. For this I am concondemned and to suffer this day. This I acknowledged freely before our Judges; This I still acknowledge, and am persuaded that herein I witness a faithful Confession. This Cause and Covenant I commend to all the Lord's People. It is not free for you to forsake it; You are inviolably engaged in it; It is not safe to desert it, because of the Curse of the perjurer and false swearer. There is unspeakable blessedness in the pursuance of it, whereof I can bear witness to the Lord by my rich Experience since we began to Do and Suffer at this time for him: Whereupon I cheerfully lay down my Life for this his Cause; He it is who Justifieth it, what man or Authority under heaven can condemn it? Arise O Lord, let not man prevail against Thee; pled and judge this Cause which is thine own, for thine own names sake.   

The Testimony of another of the former ten Persons left subscribed with a Friend.  
I designed no Rebellion against Lawful Authority, but the suppressing of Prelacy and of Profanity; and advancing of Holiness in Gods World: In a Word, I adhere to all the Articles of the good Covenant, and did intend the restoring of our good and Soul-refreshing Ministers, and the casting out of the dumb greedy Dogs that cannot bark. In this Cause I was a free volunteer pressed by none, thinking it my duty to appear for helping the Lord against the Mighty. This I testify under my hand from the tollbooth of Edinburgh, the 6. of December, 1666.    

The process and endytment of five more who also upon the former accomp twere together sentenced at Edinburgh the 10. of December 1666. and of which four, suffered thereat upon friday the 14. of the said month. Curia Justiciaria, S. D. N. Regis, tenta in Praetorio burgi de edinburgh, decimo die mensis Decembris, 1666; Per Dominum Joannem Hume de Rentone, Clericum Justiciariae S. D. N. Regis,& Magistrum Gulielmum Muarry, Justiciarium deputatum. Curia Legittime Affirmata.  


INTRANT  
Mr. Alexander Robertsone.  
John Nilsone of Carsock.  
George Crawfurd in Cumnock.  
John Lindesay in Edinbrugh.  
John Gordone in the Parochine of Irongray.    
you, and ilk one of you, are endyted and accused that where albeit, &c. And so to deduce as in the former indytment.  


PERSEWER.  
Sr. John Nisbet of Dirltoune.  
His Majesties Advocate.   

PROCURATORS IN DEFENCE.  
Mr. John Eleis.  
Mr. Robert Dicksone.   

ASSISA.  
Alexander Douglass of Blaikerstone.  
James Cockburne of that ilk.  
James Hamiltone Portioner of Mortounhall  
John Watson Merchant in Edinbrugh.  
Henry Cheap Vintner There.  
Patrick scot of Langshawe.  
Alexander scot Goldsmith.  
John Oliphant Merchand.  
John Archibald of Glen.  
Alexander Cruikshankes Merchand.  
Adam Lesly Merchand in Edinbrugh.  
James Boyd of Temple.  
Thomas Noble Merchand in Edinbrugh.  
Andrew caddel Vintner.  
John Boyd late Ballzie in Edinbrugh.    
The assize lawfully sworn, no objectione in the contrair.  
The pannals, in presence of the assize Repeats their former confessions, of their several and particular facts, mentioned in their examinatione, taken before the Lords of secret council, and which his Majesties Advocate adduces as probatione, and which are specially insert in the verdict of assize aftermentioned.  
The assize being enclosed, elects Patrick scot of Langshawe their chancellor.  
The assize unanimously all in one voice, be the report of Patrick scot of Langshawe Chancellor, finds the pannals John Nilsone of Carsock, Mr. Alexander Robertsone, Johne Lindsay in Edinbrugh, George Crawfurd in Cumnock and John Gordone in the parish of Irongray, to be guilty and culpable, of the particular treasonable crimes and acts aftermentioned, contained in their indytments. To wit, the said John Nilsone to be guilty, of being with the rebells at the taking of Sr. james Turner at Drumfries, and of joining with these men that rose in the west, and coming allongs with them in arms, and that he was with them in arms at the conflict at Pentland. The said Mr. Alexander Robertsone to be guilty, of ryseing and joining in arms with the rebells, and that he was one of those, that went to Drumfries and seized on Sr. james Turner, and that he went allongst with the rebells to air, and that he was at Lanerk, and took the covenant with the rest of that party there, and came allongst with them to Collintoune and Pentland Hills, and that he was in arms at the conflict, with captain Arnote, against his Majesties forces, and that he had a drawn sword there and discharged his pistols in the fight. The said John Lindsay to be guilty, of joining with the rebells, with a sword and pistol, under the command of Mr. George Cruikshanks, and that he was with the rebells at Lanerk, where he took the Covenant, and that he was at the Late fight, with a sword drawn and a pistol shote. The said George Crawfurd to be guilty, of coming in to the rebells, and joyneing with them as a horseman, in Balmagachans troupe, and that he was at Lanerk with them, where he took the covenant, and that he came allongst with the rebells to Pentland, and was taken beside Mortounhall, the day before the fight. The said John Gordone to be guilty, of joining with those men that rose in the west, and that he came allongst with them in arms, and was in the field at Pentland, in the conflict, and that he was in arms there, And this conform to the saids pannals their oun confessions, made both before the secret council, and now renewed by them judicially before the justices, Sic subscribitur.  
Pat: Scot.  
My Lord Justice clerk, and justice deputy decernes and adjudges, the said Mr. Alexander Robertsone, John Nilsone of Carsock. George Crawfurd in Cumnock, John Lindsay in Edinbrugh and John Gordone in the parochine of Irongray, as being found guilty of the treasonable acts foresaid be one assyse, to be tane upon friday the fourteenth day of december instant, betwixt two and four in the afternoon, to the Mercate across of Edinbrugh, and there to be hanged on a gibbet till they be dead, and after they are dead, their heads and right arms to be cute off, and disposed upon as the Lords of his Majesties privy council shall think fit, And all their lands, heretages, goods and gear to be forfaulted and escheat to his Majesties use, for the treasonable crimes foresaid, which was pronounced for doom, be Henry Monteith dempster of Court.  

The act of council anent the dissposall of the saids martyrs their heads after they were cut off according to the foresaid sentence. Edinbrugh the 13. December 1666.  
The Lords of his Majesties privy council ordains the magistrates of Edinbrugh, to cause the heads of these to be execute to morrow, to be affixed one such ports as they shall think fit and bury their bodies without cutting off their arms, in the uswall place.   

The Testimony of Mr. ALEXANDER ROBERTSON, Preacher of the Gospel, and Probationer of the Ministry, who died at Edinbrugh, December 14. 1666.  
FEaring that after the example of others, I should not be permitted to speak openly to the People, I thought fit( beside my adherence to what my brethren, who have gone before me, left behind them concerning our common Cause) to leave a word in writ for satisfaction of them who survive me.  
That, for preservation& defence of the true Religion of this church, and for the relief of my poor brethren afflicted& persecuted therefore, I joined with others in arms,& that I renewed the Covenant, that all men might the better know my Cause and Principles, I am so far from denying or being ashamed of, that I both aclowledge and avow it as my duty; But let no man that will not condemn himself upon the same common obligations to do what I did, account me a rebel therefore, because with the same breath that I did swear, and with that same hand that I did subscribe to preserve and defend Religion, I did also swear to defend the King and his Authority.  
Our Church was not more glorious in her self& terrible to her Adversaries, while we enjoyed pure Ordinances of Word and Sacraments, and her beautiful Assemblies for Government and Discipline, of the Lords own Institution, then she became of late deformed by the Usurpation and Tyranny of Prelacy; And I do solemnly declare as a dying man, who dare not dissemble, that as I thought and still aver that the erecting of this abjured Prelacy is the cause of much of the Sin in the Land, and of all the sufferings of the Lords People therein: so I had no worse design, then the restoring of the Work of Reformation according to the Covenant, and more particularly the extirpation of Prelacy, to which his Ma: and all the Subjects are as much obliged as I. And let that be removed and the Work of Reformation restored, and I dare die in saying, that his Ma: shall not have in all his Dominions, more loving, loyal, peaceable and faithful Subjects, then these who for their non-complyance are loaded with the reproaches of Phanaticisme and Rebellion.  
The fufferings and insupportable oppression of these that could not because of the Command and Oath of God, aclowledge& comply with Prelacy, may seem light to some, in whom the spirit of the old enmity that is betwixt the seed of the woman and the seed of the serpent remaineth, and to others( perhaps their Friends) who look thereupon at a distance; but as there is just reason to think that if these rigid oppressions had been made known to his Ma: his justice and clemency would have provided a remedy, and as the half thereof would have made the prelates, their patrons and adherents impatiently mad, for as loyal as they pretend to be; So in the like cases of irresistible necessity, when there is little open door for representing of grievances and desires, and less hope of relief thereby, I suppose it will not be found condemned by the Confessions of Reformed Churches, or doctrine of sound Divines, but that it is authorised by the light and Law of Nature, by uncondemned examples in the Holy Scripture, and by the practise of all Christian States, by arms to preserve and defend mens Lives, their Religion, Liberties and Fortunes; And especially, where they are not seeking to acquire a new Religion or new Liberties, but only to preserve their old or recover them, when they are violently& unjustly spoiled of the same, as in our case; Otherwise we should sin against the generation of the just, and condemn, as rebellious, the most of the through Reformations of the Reformed Churches abroad, and of our own at home.  
If this course was lawful, and if it was our duty to join therein, as I believe and lay down my life in the persuasion that it was; and if all the Kingdom was( as they are) bound by Covenant to assist and defend one another in the Common Cause of Religion and Liberty, whatever may be said of these that came not forth to help the Lord against the mighty, it cannot but be their dreadful sin, who joined themselves in arms, or took Oaths to oppose. suppress and break it, seing they have sided themselves against the Lord and his Work, and their carriage is a much higher degree of Accession to the blood that is  shed, then Paul's keeping of the clothes of them that stoned Siephen to death; And I wish that they may lay the matter to heart and repent of it, that God may forgive them, as I forgive all men, and particularly Morton who did apprehended me.  
I know that there is a holy seed in the Land, who shall be the substance thereof, and I pray that the Lord may make them more zealous and valiant for the truth upon earth; I know also that there are many, whose bowels of compassion have been drawn forth toward these who took their lives in their hands, by Prayers to God for them and Charity to them, and especially in Edinbrugh toward the poor Prisoners( of whom I may not only say, that what they have done, deserveth to be  told for a Memorial wherever the Gospel is preached, but am assuredly confident, that besides the blessings of the poor and persecuted, the Lord is not unrighteous to forget their work and labour of love, which they have shewed towards his Name, in that they have ministered to the Saints& do minister.) And yet I must needs regrate, that so many in this City once famous and honoured for harmonious owning of the Cause and Covenant of God, and blessed above many other Cities with solemn Assemblies for Worship and Government, should have been ensnared into an Oath so contradictory to the Oath of the Covenant;& which was devised, contrived and imposed in lieu of the Declaration against the same, and for a Gravestone to suppress the revival of the Work of God within this Land.  
The apostasy of this Land is very great by Perjury and breach of Covenant, and so much the worse and more aggreagable, that it is authorised and very universal; And as I cannot but regrate that so many are ensnared therein, so I must needs warn all to abhor and beware of all Declarations and Oaths contradictory to the Covenant and renounciatory thereof, as they would not involve themselves in the guilt and plagues denounced against, and ordinarily inflicted upon Perjury and breach of Covenant; and so much the rather, because this is like to be the Shibboleth and trial of the times.  
As for myself, I have seen and do find so much worth in Truth, which is to be bought at any rate but sold at none, And so much transcendent excellency and amiableness in Christ, that not only with cheerfulness& confidence I lay down my life for him and his Truth, committing my soul to him to be kept in hope of a joyful Resurrection of the body; but also bless him that gave me a life to lose, and a body to lay down for him; And although the Merket and price of Truth may appear to many very high, yet I reckon it low, and all that I have or can do, little and too little for him who gave himself for me and to me; for I account all things but loss and dung for the excellency of the knowledge of Jesus Christ MY LORD, for whom I now suffer the loss of all things, that I may win him, and be found in him, and that I may not only know the fellowship of his sufferings, but the power of his resurrection and attain unto the resurrection of the dead.  
And as for you, my dear Friends, as I pray for you, that the God of all grace, who hath called us unto his eternal glory by Christ Jesus, after ye have suffered a while, may make you perfect, stablish, strengthen and settle you; so I recommend to you the same truth, that you be not soon shaken in mind, but that ye hold fast the profession of your faith without wavering; And as you have received the Lord, so walk in him; Warning and obtesting you by all manner of obligations, and by the hope and joy of that crown which I wait for, that ye keep yourselves unspotted with the abominable courses and practices of these times, whereunto ye may be tempted by the extremity of suffering, and particularly that ye beware of unlawful Oaths and Declarations against the Cause and Covenant of God, that ye have no compliance with, nor give consent unto this Prelacy, which ye have abjured; And that you be afraid and ware of Popery, which by Connivance doth so visibly abound and daily increase; But by fighting the good fight and keeping of the faith, you may finish your course, as I do, in the assurance of the crown of Righteousness, which the Lord the righteous Judge, hath laid up and shall give unto me, and not to me only, but to all them that love his appearance.  
Alexander Robertson.   

The Testimony of JOHN NILSON, Of Corsack who died at Edinbrugh, December 14. 1666.  
BEing made a spectacle to the World, to Angels, and to Men, I found it necessary, for vindication of the Truth& of myself, for undeceaving of some,& encouraging of others, to leave this line behind me, which with my innocent blood may speak when I am gone.  
I am condemned( I shall not say how unjustly) as a rebel against Man, but the Lord God of Gods he knoweth,& all Israel shall know that it is not for Rebellion against God, but for endeavouring to recover the blessed work of Reformation, and particularly for endeavouring to extirpate Prelacy, which hath been the cause of so much sin and suffering within this Land, and for renewing of the Covenant, from the obligation whereof( seing I made my Vow and Promise to the Lord) neither I myself, nor any human Authority can absolve me. And if any account this Rebellion, I do plainly confess, that after the way which they call Heresy, I worship the God of my fathers.  
Although the insupportable oppression, under which I and many others did groan, were enough to justify our Preserving and Defending of ourselves by arms, yet know, that the Cause was not Ours but the Lord's; for we suffered all our grievous Oppressions not for evill-doing, but because we could not in conscience aclowledge, comply with and obey Prelacy, and submit unto the ministry of Ignorant, Light and Profane men, who were irregularly and violently evangelist upon us; Neither did we only or mainly design our civil Liberties, but the Liberty of the Gospel, the Extirpation of Prelacy, the Restauration of our faithful Pastors, the Suppression of Profanity, Promoving of Piety, the sawing of our s●lves from unjust violence, until we had presented our Grievances and Desires; And in a word, the Recovering of the once glorious, but now ruined Work of Reformation, in Doctrine, Worship, Discipline and Government, according to the national Covenant and Solemn League and Covenant, to which I declare my adherence, and through grace shall seal the same with my blood.  
My Advocate drew up a Supplication for me, wherein was acknowledged that I had been with the Rebels; but let none offend thereat: for I do hereby declare, that I was so far from accounting that course Rebellion, that I judged and still do judge it was my duty to join therein, and my honor to suffer therefore; Otherwise, I should have counted myself accessary to the blood of the Lord's People which is  shed: And cannot but regrate that others of the Lord's People, when they heard of us, did not come forth with speed to help the Lord against the Mighty; much more let all mourn, that not only many have appeared as Enemies, but also conjured themselves against the Lord,& the same Covenant which they so solemnly swore; And as for the Petition itself, I knew not that expression was in it.  
Being conscious to myself of so much weakness,& so many heinous sins which predomine in me,& of unfruitfulness under the Gospel and unsuitable walking thereto, I confess myself the vilest of sinners, and desire to mourn for the same, and pray that the Lord for Christ's sake may freely forgive me, as I have forgiven them that have wronged me, and hope through the righteousness of Jesus Christ to obtain the same: And I do exhort all and every one of my friends to more holiness, Prayer and steadfastness, always abounding in the Work of the Lord; And above all things, to detest& shun that wicked Declaration against the Covenant; the apparent temptation of the time, and the very mark of Antichristian Prelacy.  
All that I have is but little, but if I had many Worlds, I would lay them all down, as now I do my life for Christ and his Cause, nothing doubting but the Lord will abundantly provide for my Wife and my six Children, whom I commit to the Lord's care, and recommend to the Kindness and Prayers of the faithful; And do lay an express charge on my Wife that she show all my Children, that I have bound them all to the Covenant, for which now I lay down my life, and that she lay it upon them as my last command, that they adhere to every Article thereof.  
The Work and People of God are brought very low: It may be, because they were not ripe for a deliverance; And for the greater trial, and filling up of the cup of the Adversaries; Or, because there was little, or less prayer then should have been amongst these who appeared at this time, that the Lord hath made this late breach. But, dear Friends, be not therefore tempted to call in question the Work of Reformation; or to think the worse of Christ and his Cause, because of sufferings; Nor be discouraged because these few who took their lives in their hands, fell before the Adversary; For as sufferings are often sweetened by the Spirit of God and Glory that resteth upon the sufferers, and afterward bring forth the peaceable fruits of righteousness unto them that are exercised thereby; So the Lord will arise in due time, and have mercy upon Zion, and pled the cause which is his own: And this Testimony, as I am this day to seal with my blood, so I subscribe with my hand.  
John Nilson of Corsack.   

The Testimony of GEORGE CRAWFORD, Yeoman who died at Edinbrugh, Decembber 14. 1666.  
SEing I am to die after this manner, I lay before you this Testimony, which I avow before God, and leave behind me to the World.  
That which moved me to come along with these men, was their persuasion, and my desire to help them( which with a safe conscience I could not well refuse) who, being tyrannically oppressed by the prelates and their dependents and upholders, and seing no other way was left to be taken, took up arms for their own defence; And if this be Rebellion, I leave it to the great God the supreme Judge to decern: For in my weak judgement, I found it warrantable from the Word of God, and without prejudice of the King's Authority( whom I pray God to direct and guide in the right ways of the Lord, and to make him prosper therein, so that he may be surely set in his Kingdom, having him whom no enemy can resist to defend him) seeing there was nothing intended by us, against his or any others just and Lawful Authority.  
But that which was my principal and chief design, was giving my poor assistance to the rooting out of prelates& Prelacy, and all such as are come into God's vine-yard without the Masters commission, these Hirelings who came not in at the true door, Jesus Christ, but have climbed up some other way as thieves and robbers, whose voice the sheep know not( All which is too sadly confirmed by the dreadful and horrid sins that are risen in the Land, and the curses and plagues that have followed thereupon) that so by taking away these, the abuses which proceed from them, and the sad consequences which follow their standing, falling with them, the Covenant of God might be re-established, and true Pastors that were silenced might be set at liberty, their mouths opened, and they themselves put to the keeping of their flocks, and all other such persons, who were banished, or any other way under suffering, relieved.  
And I do adhere to the way of Church Government sworn to in the Covenant, which I think and assert to be comform to God's Word; which, with His Spirit directing, is the only pattern and judge in all controversies: and however our endeavours at this time have not been successful, it is of the Lord, who will come in his own time, for he can do as well with few as with many; but it is like the cup of the Adversaries is not full: And who knoweth, but the Lord God of hosts will hiss for the bee of Egypt and the fly of Assiria, who will be more cruel and blood thirsty then we were, to avenge the quarrel of his own People, and to make way for the establishing of his own Cause. I say no more, but as I was willing to hazard my life for this Cause, so I am ready to lay it down at my Master's feet, seing he calls for it: And I pray the Almighty, to sand his Spirit of Consolation promised by his Son to his own people, to strengthen them and bear them through, till the appointed time of the Lord's coming with Deliverance; for he will come for his own Cause, and for his peoples sake, and will not tarry.    

The process and endytment, of these four martyrs who also suffered together at Glasgow upone wednsday the 19. of December 1666. for the former testimony at Pentland November 28. 1666. Curia Justiciaria, S. D. N. Regis, tenta in Praetorio burgi de Glasgowae, decimo septimo die mensis Decembris, 1666. Per Nobiles Comites Alexandrum Comitem de Linlithgow Dominum Livingstone, &c. Joannem Comitem de Wigtoune Dominum fleming, &c. Alexandrum Dominum de Montgomerie. Et Quintigernum Murray, Justiciarios per commissionem dictum S. D. N. Regis. Curia Legittime Affirmata.  
THe quhilk day Compeared one, Noble Lord Alexander earl of Linlithgowe for himself and in name and behalf of the remnant honourable persons underwritten and produced one commissione of Justiciary granted be the Lords of his Majesties privy council to the persons aftermentioned therein specified and desired the samyne to be publicly read and also to be recorded in the books of Adjurnall whereof the tenor follows.  
Charles be the Grace of God King of great britain France and Ireland defender of the faith, to all and sundry our good and faithful subjects whom these presents do or may concern, Greeting:  
Forasmeikle as albeit it hath pleased almighty God to bless our forces under the Command and conduct of our Lievtenante general with one absolute victory of those rebells who did first rise in arms at Drumfries. And so far prosecute these rebellious courses as to embody themselves in a military posture, And march through many shires for getting associates and complices and at Last in open fields near Pentland hills did encounter our forces and endeavour there overthrow. Yet nevertheless the danger of that horrid rebellione does still continue and if not timeouslie prevented may again break out and involve the kingdom in new troubles and confusiones to the hazard of the Lives of many of our good subjects and subverting of Religione and ecclesiastical Government and of our authority and laws, There being many desperate and incorrigible traitors engaged in that rebellione who did not at first appear themselves in arms but have been abbaiters or assisters thereof by correspondence, intercommuneing or giving intelligence, for carrieing on their wicked designs or be resetting of their persons have been promotters of the saids treasonnable courses, As Lykwise some gentlemen, ministers and others did convocate and put themselves in arms in the Shire of air, and there determine to rise and associate to themselves all such who were dissaffected, to our Government that they might join with these rebells who had first risen in arms and hereby added such strength and vigoure to the carrying on of that rebellione, that they might have continued Longer and brought on this our kingdom, all the miseries of one unhappy and bloody war if the defeat and overthrow of that party at Pentland had not happened, Therfore. And for preventing these mischiefs and securing the peace of our kingdom, and our authority and Government for the future We with the advice of the Lords of our privy council, have nominate and appoynted our right trusty and well-beloved, counsellors and Cusines, The Lord Duke Hamilton, The Lord Marquise of Montrosse, The earl of Argyle, The earl of Linlithgowe, The earl of Kelly, The earl of gallovvay, The earl of Wigtoune, The earl of Nidsdale, The earl of Drumfries, The earl of Callendare, The earl of Airely, The earl of Annandale, The Lord Montgomerie, The Lord Drumlanerke, The Master of Cochrane, general Dallziel lieutenant general, Dromond James Crichtoune Brother, to the earl of Drumfries, colonel James Montgomery, Charles Maitland of Hattoune, Mungo Murray, or any three of them giving them full power, warrant and authority, to go to any Shire, brugh or place, where their was any rising or insurrectione, And there to hold courts city parties and examine witnesses, And take all other courss which they shall think fit for trying and discovering all such persons who were authors aiders or abbaiters of the said rebellion and did keep correspondence, intercommune with, or receipt the persons of any of these rebells or furnished them with Amunitione, arms, horses or any other things which might supply or strengthen them in the prosecutione of their rebellious courses with power lykwise to seize upon their persons, And incarcerate them till they be tried, And to search their houses and other suspect places and to enter the same be force in case of resistance or otherwise to take bond and security for their appearance whenever they shall be called. And for their more speedy and effectual carrying on of this their Commissione with power to divide themselves that they may go to several places at one time, And for that end any one or two of their number to take trial search and apprehended all persons suspect within their several divisions, And father in case after Examination and trial there shall be any persons who shall appear guilty of the crimes foresaid by clear and undoubted evidences we give full power and commissione to the persons foresaid or any three of them which are declared to be a full quorum to be our justices in that parte with power to them to meet at such times and places as they shall think convenient, And then and there to affix and hold courts create Clerks, Searieants, Dempsters, And all other members of court needful, To call assizes of persons of best understanding, Absents to amerciate unlawes and amerciaments to be uplifted and exacted, And in the saids Courts to call the whole persons guilty and suspect to be guilty of the crimes foresaid and put them to their trial and knowledge of one assize and according as they shall be found innocent or guilty of the said crimes that they cause justice to be done upon them accordingly and generally all and Sundry other things requisite and necessary for executeing the said Commissione to do use and exerce promitting to hold firm and stable commanding hereby our advocate or his deputes to draw their indytments and pursue them before our comissionars foresaids and in case they find any difficulty in the matter of probatione or evidence that they secure the person until they advertise the Lords of our privy council that they may ordain our justice general or his deputes to proceed against them and we hereby require the Commanders and officers of our forces and all Sheriffs, Magistrates of Broughs, and others to be assisting to our commissioners in prosecutione of this our service as they will be answerable.  
Given under our signet at Edinbrugh the fifth day of December, 1666. And of our reign the eighteen year. Sic Subscribitur.  
The said day compeired Mr. Thomas Gordone writer in Edinbrugh and produced one deputation of Clerkshipe granted to him be Sr. John Hoome of Rentone, Knight Justice Clerk, of this kingdom which being publicly red the saids Lords took his oath de fideli administratione.  
James Lawrie messenger in Edinbrugh, was chosen be the saids justices to be officer of the said court of justiciary and his oath de fideli administratione officii, was taken by them 
INTRANT. Eodem die. 

Robert Buntine in Finnick Parish.  
John Hart in West-Quarter of Glasfoord.  
Robert scot in Shawock in the Parish of Dalserfe.  
Matthew Patoune Shoemaker in Newmills.    
you, and ilk one of you, are endyted and accused for that albeit, &c. And so( brevitatis causa) to deduce as in the former endytment at Edinbrugh.  
PERSEWER. 

Sr. William Purves his Majesties solicitor.  
And representer of his Highness Advocate.    
Sr. William Purves produced one warrant granted to him be John earl of Rothes his Majesties high commissionar, for trying the persons above endyted whereof the tenor follows, Forsomuch as Robert Buntine in Finnick, matthew Patoun Shoemaker in Newmills, John heart in West-Quarter of Glasfoord, and Robert Scot in Finnick, have been accessory to the Late rebellione and involved themselves in the guilt therof, as appears be their own depositions and several other witnesses, we do therfore require you Sr. William Purves his Majesties solicitor: And as representer of his Majesties Advocate to prepare dittays against the foresaid persons and pursue them criminally besore the commissioners of justiciary appoynted for that effect, and for so doing these presents shall be your warrant given under our hand at Glasgow the fyfteenth day of December 1666, Years. Sic Subscribitur.  
ROTHES. ASSISA. 

Coline campbel Late Provost of Glasgowe.  
James Colquhoune Late Baylie there.  
Alexander Knox Merchand there.  
James Blair Merchand there.  
John Mc. Cowane Merchand there.  
matthew Colquhoune elder.  
Robert Caruthers Merchand there.  
James Duncane Merchand there.  
William cumin Merchand there.  
Hendrie Hay Merchand there.  
John Aitchesone Litster.  
John Finlay elder Maltman.  
Andrew Mudie Late Baylie there.  
collen Mc. Lukesse Merchand there.  
James Mure Maltman.     
The justices find the dittay relevant and ordains the samine to be put to the knowledge of one assize.  
The assize Lawfully sworn no objectione in the contrare.  
Sr. William Purves Persuer, produced the pannals their own judicial confessions and declarations of the crimes abovewriten given be them before the saids justices and conform thereto short dittays being drawn against them was red which declarations and confessions they judicially in presence of the assize adhered unto and are verbatim insert in the verdict of assize aftermentioned.  
The assize be plurality of voices elects and choyses, Jamer Blaire in Chancellor.  
The assize all in one voice be the report and judicial declaratione of James Blaire their Chancellor, finds the persons underwriten guilty and culpable of the treasonable crimes afterspecified to wit Robert Buntine in Finnick Parish to be guilty and culpable of rising in arms with the rebells and Marcheing allongs with them sometimes under the command of sergeant Howie in Finnik, till they came to Lanerk, and from thence to Collingtoune, and being in arms with one Pick and Sword drawn at the battle or late conflict, John heart in West-Quarter of Glassfurd, to be guilty and culpable of going upon the 24th. of November Last, on horseback with his sword to these rebells that rose in the west at Drumbreak Shiels on this syd of Lanerk, and joining with them in their rebellious practices, and going all allongst with them to Pentland where the fight was and having one sword drawn in his hand the time of the battle Robert Scot in Shawock in the Parish of Dalserfe to be guilty; And culpable of joining with the rebells late on foot upon the 18th. day of November Last, and going with other twelve of the rebells to Torboltone with their sword and arms, and of going allongst with the whole rebells army and coming with them to the water of air, and coming with them to Lanerk, and there taking the covenant with them. matthew Patoune, to be guilty and culpable of joining with the rebells that rose in the west at Lanerk, and of being in arms with one fork and marching with the rebells to Pentland where the Late conflict was, and that comform to there own confessions of the samine crimes. Sic Subscribitur.  
James Blair.  
The justices therefore by the mouth of James bar Dempster, of court discerns and adjudges the said Robert Buntine, John Hart, Robert Scot and Matthew Patoun, as found guilty by one assize of the treasonable crimes abovewritten mentioned in their dittay to be taken upon wednsday, next the 19th. day of December instant, between two and four houres in the afternoon to the public place of the town of Glasgow where the across formerly stood and there to be hanged on one gibbet till they be dead and after they are dead their heads, and right hands to be cut off and put on the most public places of the said town of Glasgow, and all their Lands, heretages, movable goods, and gear to be forfault, escheat and inbrought to his Majesties use as found guilty by one assize of the treasonable crimes foresaid which was pronounced for doom wherupon, Sr. William Purves his Majesties solicitor, and representer of his Majesties Advocate asked and took instruments.   

The process and endytment of nine more of these martyrs who were sentenced together at Edinburgh the 18. of December 1666. And Six whereof suffered thereat upon Saturday the 22. of the said month December all upon the former account of the Pentland testimony November wednsday 28. 1666. Curia Justiciaria, S. D. N. Regis, tenta in Praetorio burgi de Edenbrugh, decimo octavo die mensis Decembris, 1666. Per Dominum Joannem Hume de Rentone, Clericum Justiciariae S. D. N. Regis, Et Magistrum Gulielmum Murray Advocatum Justiciarium deputatum. Curia Legittime Affirmata.  
INTRANT. 

Mr. Hugh, Mc. Kaill.  
Thomas Lenox.  
Umphrey Colquhoune.  
Ralph Shiels clothier in air.  
William Pedin Merchand in air.  
John Wodrow Merchand in Glasgowe.  
Robert Mc. milan.  
John Wilsone in the Paroch of Kilmaers.  
Mungo Kaipe in Evandale.    
YE are indyted and accused, That where, &c. here to insert the dittay as it is formerly.  
PERSEWER. Sr. John Nisbet of Dirltoune Knight his Majesties Advocate.  
My Lord Advocate produced a warrant, from the Lords of his Majesties privy council, whereof the tenore follows; AT. Edinbrugh the fyfteenth of December 1666; The Lords of his Majesties privy council, ordains. My Lord Advocate, to draw one endytment, against Ralph Shiels Englishman, William Pedine Merchant in air, John Woddrow in Glasgow, Robert Mc. milan soldier in gallovvay, John Wilson in.... And Mungo Kaipe. And to persew them before the justice and his deputes, as traitors; for which these shall be a warrant, Sic Subscribitur.  
Montrose I. P. d. Con:  
The dittay being read, with a note of each one of the pannals particular facts, whereof they were guilty, conform to their confessions, made before the Lords of his Majesties secret council, and they being severally accused therof, they all confessed the samyne to be true.  
ASSISA. 

Sr. William Murray of Newtoune.  
John Smallate dean of gilled of Dumbartone.  
James Pollock Merchant.  
John Craw Merchant.  
Arthure Buchanane of Sound.  
John Gray Merchand.  
Thomas Harper Cordoner.  
James Tait Merchand.  
Robert Young Merchand.  
Thomas Forbes of Blacktoune.  
Lievtenent colonel George Heriote.  
John scot Merchand.  
james Gil●reis Merchand.  
Patrick Borthick.  
Robert Robertsone Merchand.    
The assize lawfully sworn, no objectione in the contrary.  
The pannals in presence of the assize, repeats the former confessions of their several and particular facts, mentioned in their examinations, taken before the Lords of secret council, which are specially insert in the verdict of assize aftermentioned.  
The assize elects Sr. Williame Murray of Newtoun their Chancellor.  
The assize all unanimously in one voice, by the report of Sr. Williame Murray of Newtoune their Chancellor, finds the pannals Mr. Hugh Mc. Kaill, Umphray Colquhoune, Thomas Lenox, Ralph Shiels, William Pedine, John Weddrow, Robert Mc. milan, John Wilsone and Mungo Kaipe; to be guilty and culpable, of the particular treasonable acts aftermentioned contained in the dittay, To wit. The said Mr. Hugh Mc. Kaill to be guilty, of being with the rebells at Uchiltrie, and at air, when a party of them were there, and at Lanerk and Cumnock, armed with a sword, and coming allongst on horseback, and being at several rendevouzes with them. The said Umphray Colquhoune to be guilty, of coming in to the rebells, and joining with them at Kilmarnock, and coming allongst with them in arms on horseback, and being with them at Lanerck, and being upon a party when the covenant was taken there, and thence coming allongst with them to the late fight, and that he had his sword drawn at the battle. The said Thomas Lenox to be guilty, of joining with the rebells at Douglass, and coming allongst with them to Lanerk, where he took the covenant, and that he came allongst to Pentland, the place where the late conflict and defeat was, upon horseback, and that he was in arms and had his sword drawn at the fight. The said Ralph Shiels to be guilty, of engadgeing with the rebells, and that he was at Uchiltry and Lanerk, where he took the covenant with the rest, and that he was a Footman, under the Command of mayor Lermont, that he came allongst with the rebells to Pentland. and that he was at the fight, where he was taken prisoner. The said Williame Pedine to be guilty and culpable, of coming unto and joining with the rebells, when they were at the mure Kirk of Kyle, and that he was with them at Lanerk, and thence came allongst with them to Pentland, and was at the fight there, under the command of captain Arnote, with horse, sword and pistols. The said John Woddrow to be guilty, of coming unto and joining with the rebells, a little beyond Lanerk, and of being with them when they took the covenant at Lanerk, and of coming allongst in arms with them from Lanerk, with sword and pistol, until the teusday that he came to Edinbrugh, only to refresh himself, of purpose to join again with the rebells. The said Robert Mc. milan to be guilty, of coming unto and joining with the rebells, after they came from Drumfries, and going with them to Uchiltry, air and Lanerk, where he took the covenant with the rest, and that he came to Pentland, and was in Ballmagachans troope at the fight, where he was hurt. The said John Wilsone to be guilty; of coming unto and joining with the rebells, at the Moor Kirk of Kyle, and that he was a Footman, with a sword and gun, under the command of captain Gordone, and that he was at Lanerk, and that he took the covenant with the rest, and came allongst with the rebells to Pentlad, and was in arms at the fight. The said Mungo Kaipe to be guilty, of joining with the rebells as a Footman under captain Gordone, and that he came with them to Lanerk, where he took the covenant, and thence to Pentland where he was in fight. And that in respect of the pannals their own confessions, both formerly made before the Lords of Privy council, and now judicially renewed before us, in presence of his Majesties justice Clerk and justice deputy. Sic subscribitur.  
William Murray.  
My Lord justice Clerk, and justice deputy, decernes and adjudges, the said Mr. Hugh, Mc. Kaill, Thomas Lenox, Umphray Colquhoune, Ralph Shiels clothier in air, William Pedine Merchand in air, John Woddrow Merchand in Glasgow, Robert Mc. milan, John Wilson in the Parish of Kilmaers and Mungo Kaipe in Evandale, as being found guilty, of the treasonable acts foresaid be one assize, to be tane upon Saturday next, being the twentieth two day of this instant, between two and four houres in the afternoon, to the mercate across of Edinbrugh, and there to be hanged on a gibbet till they be dead, and after they are dead, their heads and right arms to be cut of, and disposed upon as the Lords of his Majesties privy council shall think fit, and all their lands, heretages, goods and gear to be forfault, and escheat to his Majesties use, for the treasonable crimes foresaid, which was pronounced for doom, by Henry monteith dempster of court.  

The last Speech and Testimony of Mr. hue Mc. KAILE, Preacher of the Gospel and Probationer for the Ministry, at his death in Edinbrugh, December 22. 1666.  
BEing by a great surprisal of Providence, thus staged before the World, in a matter of so universal concernment to all that fear God and desire to be steadfast in his Covenant, I could not forbear to leave behind me this standing Testimony, concerning the Occasion and Uses thereof, for the Glory of God, for the Vindication of my Profession from the aspersions cast thereon by Men, and the Edification of these by my death, to whom I had devoted my Life in the work of the ministry.  
I have esteemed the Government of this Church by Presbytery, to be among the chief of the Ordinances of Jesus Christs, which by his blood he hes purchased, and ascended up on high to bestow as a gift upon it; as being the very Gospell-Ministery in it's Simplicity and Purity from the Inventions of Men, and so the Mean by which other Ordinances are administered, and the most fundamental Truths made effectual in the hearts of his People, and therefore that it ought with that same carefulness to be contended for. Experience both of the having and wanting of it, hath given it this Epistle of Commendation, so as it may be both known and red of all men: Which is also true of the solemn Engagements of the Nation thereto, by the national Covenant, and Solemn League and Covenant, which I have esteemed in their Rise& Renewing, pregnant performances of that promise, Isaiah. 44.5. where it is evident, that where Church Reformations come to any maturity, they arrive at this degree of saying I am the Lords& subscribing with the hand unto the Lord. So was it in the dayes of the Reforming Kings of judah, and after the Restauration from the Captivity in the dayes of Nehemiah: This same promise did the Lord Jesus make Yea& Amen to us, when he redeemed us from spiritual Babylon, which is so much the greater evidence, that these were the very Motions of Gods Spirit in our first Reformers, that they were expressly designed against the greatest motions of the Spirit of Darkness in Antichrists and his supports, and against the greatest consirmations that ever these Abominations attained by the decrees of the Council of Trent, and that bloody Bond called, the Holy League. And therefore whatever indignity is done unto these Covenants, I do esteem to be no less then doing despite unto the spirit of Grace in his most eminent Exerting of himself; but especially Declaring against the same as flowing from a Spirit of Sedition and Rebellion, to be a Sin of the same nature with theirs, who ascribed Christ his casting out of Devils to Beelzebub; and that with this aggravation, that these Scribes and Pharisees came never the length of professing Christ, and submitting themselves to Him and his ways.  
But we are condemned to death upon the account of this Covenant, for adhering to the dueties therein sworn to, by such as once did as much themselves as we have done, and some of them more then some of us: Which considerations have moved me to great fears of Gods wrath against the Land, according to the curse that we are bound under, if we should break that Covenant,& in the fear of it many times to pour our my soul before the Lord;& as soon as I heard of a Party up in arms in behalf of the Covenant;( all other doors beings shut, whereby the redress of the manifest violations of it might be obtained, and these by manifest& unheard of violence obtruded upon others) to go along with them, being bound by that Covenant against detestable Indifferency and Neutrality in this matter,& to esteem every injury done to any engaged in this Covenant upon account of it, as done to myself: Very Conscience of duty urged me to this against some reluctancy of fear of what might follow. Upon the same reasons at Lanerk, with the rest I declared my adherence to the Covenant, by my lifting up of my hand, after the Articles there of were red.  
And here I cannot but with grief of heart acknowledge my fainting in a day of trial, that being engaged with them upon such accounts, I many times in fear designed to withdraw, and at length did, which as it was the occasion of my falling into the hands of the Enemy, so I think among other things it was the cause why God delivered me into their hands. Upon the same fear, in all my Examinations I have denied my engagement with them, and endeavoured to Vindicate myself by asserting the real designs I had to part from them, and have utterly cast away the glory of a testimony, which my very being in their company as a favourer of the ends of the Covenant, and as one willing to contribute my best endeavours for the promoving of them, but especially my declaring for the Covenant, did bear unto the Truth and Ordinances of Jesus Christ against this untoward Generation: This I confess to be no less then a denying of Jesus Christ, and a being ashamed of his Words before men; but I hope the Lord who remembreth that we are but frail dust, shall not lay it to my charge, but according to his faithfulness and Grace will forgive me, who by this public Confession, take to myself sh●me and confusion of face, and fly to the propitiation offered to all sinners in Jesus Christ. And these things as they have procured this death unto me, as an act of Gods Justice; so they mind me of other evils in mine own heart, that have been the source of this my unwillingness to take on Christs' across: My heart hath not studied to maintain that Spirituality in walking with God and Edifying Exemplariness with others, that became one that had received the first fruits of the Spirit and aimed at th● ministry of the Gospel, living in times of so much calamity for the Church of God, and particular afflictions as to myself. If I had spent my dayes in groaning after my house from Heaven, would I have shifted so fair an occasion of being clothed with it? Alas that I have loved my Lord and Master Jesus Christ so little! Alas that I have done so little service to him, that I have so little labour to follow Me to my Everlasting rest. This I speak to these especially, with whom I have familiarly conversed in my Pilgrimage, that seing the Lord will not grant me Life to testify my real Reformation of these things, my aknowledgement at Death may have influence upon them, to study not only Godliness but the Power of it.  
As I acknowledge that I have not been free and ingenuous in these particulars forementioned, so in other things, wherein I interponed that Holy name of God, as to the not being upon the Contrivance of this rising in arms, nor privy to any resolution thereanent, nor conscious of any Intelligence at home or abroad concerning it, I was most ingenuous: And they have wronged me much, who said that I denied upon Oath, that which they were able to make out against me, or knew to be truth; But none allege Perjury against me, but such as are so manifestly guilty of it before the World, that their tongues in such allegiances are no slander.  
Although I be Judged and condemned as a rebel amongst Men, Yet I hope even in order to this Action to be accepted as Loyal before God. Nay there can be no greater act of Loalty to the King, as the times now go, then for every man to do his utmost for the Exstirpation of that abominable plant of Prelacy, which is the bane of the Throne and of the country: which if it be not done, the Throne shall never be established in Righteousness, until these wicked be removed from before it. Sure I ame these who are now condemned as Rebels against Him by them, are such as have spent much time in prayer for Him, and do more sincerely wish his standing, and have endeavoured it more by this late action so much condemned, then the Prelates by condemning them to death.  
This Disaster hath heightened greatly the Afflictions of our church, and ought to teach all of you to drink the Wine of Astonishment: Ye have not known tribulation till now; Now we judge them happy that are fallen asleep and removed far away, and know that God hath been taking away his Servants from the Evils that were to come. Know that God's design is to make many hearts contrite, that have been formerly too whole, and have not lamented sufficiently the removal of his Ordinances and ministry, and the reproach rubbed upon the Work of Reformation. Beware that your sorrow be not a momentany motion of common Compassion, that evanisheth when it may be there is some intermission in this violent course of shedding innocent blood: Labour to have a constant impression that may sacrifice the heart, nay ye would live much in apprehension of approaching judgement. Certainly th● Withdrawing of many from us, and not contributing their help to the great work they were engaged to, as well as we, the general rising against us in many places of the country, but above all this open shedding of the blood of the Saints, which involveth the land in the guiltiness of all the righteous blood  shed from the foundation of the World, have made Scotland fit fuel for the fire of Gods Wrath. I can say nothing concerning times to come, but this, All things shall work together for good to them that Love God, and so this present dispensation; And they shall have most comfort in this promise, who are most willing that such afflictions as we are brought to, be the way that God choiseth to work their good.  
Commit wholly the management of all matters to God, and make it your entire study night and day to keep your very garments clean: It is hard in times of so general Corruptions not to be defiled one way or other; be free of the Sin as you would be of the Judgments, which will cerrainly be such as will make all the Churches Know, that God is the searcher of the hearts and trier of the reins, Revel. 2.23. and so will not be mocked by these pretences whereby, men colour their going along in an evil course, from the real Love that they have to a present world. If naked Presence amongst them who are esteemed Rebels by men, be sufficient to engage them in the Crime and Punishment( for that is all the ground of my Condemnation) shall not God be much more Zealous of his own glory, against all who so much as seem to go along with this course of backsliding.  
As a good Mean and encouragement, to all the duties of our time, labour to be rooted and grounded in the Love of Jesus Christ; This will be tender of any thing that may have the least reflection upon him, His Words or Works, and will prompt the soul to Zealous appearing for Him at the greatest hazard, and to as much willingness to die for Him, as to Live that they may Glorify Him. And for the encouragement of you all in this matter, I do declare, that ever fince the day of my coming into prison, God hath keeped my soul free from all Amazement or fear of death; that since my inditement and sentence, God hath so manifested Himself at several times, that he hath lifted up my soul above prelates, Principalities,& Powers, Death& Hell, to rejoice& be glad in His Salvation; and from my soul to account him Worthy, for whom in this his Cause I should undergo the greatest shane or pain; And to assured hopes of Eternal Communion with Him in Heaven: And that nothing hath more brangled my peace, then shi●ting an open and free testimony before my Examinators, to the work that I was engaged in.  
I do freely pardon all that have accession to my blood, and wish that it be not laid to the charge of this sinful Land, but that God would grant Repentance to our Rulers, that they may obtain the same reconciliation with Him, whereof I myself do partake. truly I believe many of them if not instigated by the cruel prelates( at whose door our blood doth principally lye) would have used more mitigation: But that reluctancy of mind to  shed blood, will be so far from Vindicating of them, that upon the contrary, it will be a witness against them in the Day of the Lord.  
I hearty submit myself to Death, as that which God hath appointed to all men because of Sin, and to this particular way of it, as deserved by my particular Sins. I praise God for this Fatherly chastisement, whereby he hath made me in part and will make me perfectly partaker of his Holiness. I glorify Him that called me forth to suffer for His Name and Ordinances, and the solemn engagements of the Land to Him, and thath he hath taken this way to take me away from the evil to come. The Lord bless all His Poor Afflicted groaning People that are behind.  
Hereafter I will not talk with flesh and blood, nor think on the Worlds consolations: Farewell all my Friends whose company hath been refreshful to me in my Pilgrimage; I have done with the Light of the Sun and Moon. Welcome Eternal Life, Everlasting Love, Everlasting Praise, Everlasting Glory. Praise to Him that sits upon the Throne, and to the Lamb for ever. Though I have not been so with Thee as I ought to have been in the House of my Pilgrimage yet thow hast made with me an Everlasting Covenant, Ordered in all things and Sure. And this is all my Salvation, and all my desire. Bless the Lord O my Soul! that hath pardonned all my Iniquities in the Blood of His Son, and healed al my Diseases, Bless Him O all ye his Angels that excel in strength, ye Ministers that do his pleasure. Bless the Lord O my Soul! hallelujah. Edinburgh tollbooth, December 22. 1666. Sic subscribitur  
hue MC KAIL.  
I have heard that some of the Prisoners are willing to save their lives by taking the Declaration, That is, by abjuring that Work and Cause for which they adventured their Lives: Which if they do, our blood shall bear witness against them in the great Day of God. And God shall so punish some of them in this Life, that they shall curse the day that ever they shifted to dy on a scaffold.  
hue MC KAIL.   

The Testimony of JOHN WODROW, Merchant in Glasgow, who died at Edinbrugh, December 22. 1666.  
Dear Friends.  
I Am condemned to die I shall say little concerning men who have judged and condemned me, they are to answer to God for it; But I bless the Lord, who hath counted me worthy to die for so good and honourable a cause. And that I be not mistaken after I am gone hence, I have thought fit to testify that in singleness and sincerity of heart, I came into the service, not constrained but from conscience of my being engaged by Covenant to God, and with a full purpose to perform my vows made in that Covenant unto the Lord, in the strength of Jesus Christ; And that I might endeavour to restore again the precious Ordinances to their former purity& power, and to recover the fair Church in this Land( which our blessed Lord hath purchased to Himself, and bought at so dear a rate) to her former Beauty, which is now defaced: And particularly to bring down that Antichristian Prelacy, and that perjured crew of prelates, who have so perfidiously wronged the Interests of our blessed Lord and Master, Jesus Christ. This is the only Cause for which I undertook this service, and joined with others my dear and Covenanted brethren; And that I had no intention to wrong the King's person or Authority, but to seek his real good, according to my duty in the Word of God, and also as I swore in the same Covenant wherein I did swear against Prelacy. And notwithstanding I be condemned of men as a Rebel, yet I am levied of God, my God and Father, in and through my Lord and Saviour Jesus Christ, who giveth me sweet peace of conscience and joy of heart: I grant it is not enough to justify me before Hin, that I had a just Cause, unless likewise I had, therewith the acceptation of my person through Faith in the Merits of Jesus Christ, who standeth in our nature in heaven, which I dare declare this day as a dying man, that I have obtained; for I am confident that through His righteousness made over unto me, He hath made me free, in which I shall stand for ever; and that within a few hours I shall see Him in peace, as I am seen of Him; and behold and wonder, and wonder and behold for evermore that most glorious excellency of His. And this yeeldeth to me great consolation in all my extremities, were they never so great; This I say is my peace and consolation this day, even Christ my Righteousness, who hath both accepted my Person and Cause: Therefore I count it a small thing to be judged and condemned of men, for my Testimony is on high, and my record in heaven.  
And now, my Friends, I am condemned to die for adhering to my Covenant made with God, for Reformation of Religion and Conversation, to which all ranks of the Land are as well bound as I, though many( alas! too many) shaking off all fear of God have despised the Oath, not only by breaking the Covenant, but by professing and declaring avowedly the bond thereof null, and not binding either to their own or other mens consciences: And this mischief is framed by a Law, which doth greatly heighten the Sin; O! tell it not in Gath, and publish it not in Askelon. Oh! that this should be heard of amongst Papists and Pagans, that professed Reformed Protestants shoulds stand in so little awe of a solemn Oath, and Name of the great and living God.  
But I exhort and obtest you all, that so much the more as others have made voided His Covenant you would esteem it the more precious, and closely follow the Reformation vowed, in every Article thereof, upon all occasion given you of the Lord; And that you abhor, detest and refuse any engagement whatsoever, that may wrong your Oath in the Covenant directly or indirectly, as ye would escape the wrath of God that is coming on such breaking of Covenant, but rather choice the greatest extremity of affliction, then the least sin of this sort; as Moses did, who refused to be called the Son of Pharaoh's Daughter, but choosed rather to suffer reproach for Christ; And be not afraid of suffering for Christ, as though it were an evil thing, neither scar ye at His across, for the Lord Himself saith, My yoke is easy and My burden light; Yea it is lighter to us then to many that stand by: Believe; Faith maketh all burdens light to the believing Sufferer.  
And now I beseech you believers in Christ, abide in Him and bring forth fruit unto Holiness, and study tenderness in all manner of conversation, and holiness without which no man shall see the Lord; And let not this profane and mocking Generation have any thing to reproach you with, but that whereof you would not be ashamed, that when you suffer ye may not suffer as evil doers, that whereas they speak evil of you, they may be ashamed that falsely accuse your good conversation in Christ. It is not knowledge nor a bare Profession that glorifieth God, but Tenderness, Holiness and Righteousness, that do commend Religion and His Cause to all men, and shall convince your Adversaries of their Wickedness in wronging you, and make them the more inexcusable in that day when they shall be judged: Yea, what know ye, but ye may win others by your tender and good conversation?  
I recommend to you, that ye would be much and fervent in the use of that precious duty of Prayer, wherein most near Communion with God upon earth is to be found: Be much in prayer, with and for others, Forsake not the assembling of yourselves together as the manner of some is( I wish they may see the evil of it who neglect it) but exhort one another, and so much the more, as ye see the day approaching: Earnestness and diligence will hasten the Lord's coming with relief unto you, and to the Lords born-down Work; and your slackness in this, may make the wheels of His chariot to move the more slowly. For the effectual fervent prayer of the righteous availeth much with God; It will do more then Armies of men and weapons of War for your defence and deliverance.  
I beseech you also, my dear Friends, that you acquaint yourselves with the Word of God in the Holy Scripture, that ye may have acquaintance with Jesus Christ who is clearly set forth therein; that ye may know Him in His excellency and come to love and believe in Him whom ye know; that ye may be acquainted with His revealed will therein, and may know what is truth, and cleave fast thereto, from a sure persuasion that it hath the warrant of His Word; and may be guarded against every error of the wicked, and that ye may fully know what is good and what is evil; And that ye may suffer with confidence, when ye are brought forth thereto as I am.  
Finally, my dear Friends, be ye perfect, be of good comfort, be of one mind, live in peace- and the God of love and peace shall be with you.  
JOHN WODROW.   

The Copy of JOHN WODROW, His Letter to His Wife, dated Decemb. 22. 1666. which was the Day on which He suffered.  
My Heart,  
REverence the good Providence of the Lord our God, who can do nothing wrong; For whatsoever He doth is welldone, and my Soul saith, Amen. I had not a will of my own( my Heart) since that day wherein you and I partend, My Lord and my God captivated it,& brought it to a submission unto His will: I bless Him for evermore for it, that I was never left to my own will: Praise, O praise Him all ye living! And O thou my soul praise the Lord for it. I bless the Lord for evermore that ever He visited my Fathers Family, that ever He condescended to come unto my Fathers Family, and to give a visit to the like of me: He visited me there, and set his Love upon me, and hath chosen me for this very end, to be a witness for his covenanted Reformation. For this my Soul is glad, and my Glory rejoiceth for this Honour wherewith He hath honoured me; And that, though I be condemned to die by men on earth, yet am I levied of God through the blood of my Saviour Jesus Christ, who standeth in our nature in Heaven, and hath made me free through his imputed Righteousness made over unto me, in which I stand for ever; And within a few hours I shall see Him in peace, as I am seen of Him, and behold and wonder, and wonder,& behold for evermore, even that most glorious excellency which is in Him. All that which is spoken of Him is but little: O my Heart, my dear Love, come and see I beseech you! I thought I had known something of my dearest Lord before, that I had some love from and to Him before, But never was it so with me, as it hath been with me since I came within the doors of this Prison; many a precious visit hath his gracious Majesty given unto me. He is without all comparison; O love, love Him! O come to Him, O taste and see, and that shall resolve the question best. The thing I suffer for is the Covenanted Reformation. I bless God, and all that is within me doth bless and magnify His Holy Name for this, that Scotland did ever enter into a Covenant with the Lord, into a sworn Covenant, with the hand lifted up to the Lord: And I have now sworn and renewed this Covenant again for myself& you, and my four Children in all the parts and points thereof; And I pray, God help you to abide in the Covenant for ever.  
And now I give you and my four Children unto the Lord, and commit you to Him as your Covenanted God and Husband,& my Childrens Covenanted Father. I say no more, but either study to be indeed a sincere Christian,& a seeker of His face in sincerity, or else you will be nothing at all. I recommend you and your young-ones to Him, who is God all-sufficient, and aboundeth in Mercy and Love to them that Love Him and keep his Covenant. The blessing of the Covenant be upon you, so fare you well.  
So saith Your loving and dying Husband JOHN WODROW.   

The Testimony of RALPH SHIELDS, An English-man who died at Edinbrugh, December 22. 1666.  
My Friends,  
I Am come here to die, and I thank God, it is not for evil doing that I now suffer: although I be charged with Rebellion against the Kings Authority, yet I declare before God and you all, that in all this matter I never intended to wrong his Majestie's just Power and greatness, but for conscience sake did respect Authority as the Ordinance of God appointed for the punishment of evil doers, and that I wish his Ma: all welfare both in this life, and the world to come, and that it may be his happiness to consider his Obligations to God and Perform the same, that so it may be well with him and his Posterity to many generations; and I pray God make him a friend to His Cause and the truly Godly who own the same, though falsely called fanatics or turbulent persons.  
I declare I have such persuasion of the Interest of Religion Reformed, and sworn unto in the Covenant, that I dare venture not only to lay down my own life, but if every hair of my head were a man, they should all be put to venture for this cause: I would not have the world to stumble at the Cause, because of my death after this manner; for I rejoice greatly in it, and I desire every good Christian as they tender their own souls that they would grip fast, lay hold on, and cleave to Jesus Christ and His way.  
My coming out at this time( I say) was not against his Majesty, but for the Covenant which is now trodden under foot; my intention was for the Cause of Christ; I take God to witness, it was nothing else I came out for, and for that I am free to lay down my life.  
I bless God I am much encouraged in this, and not at all afraid to die for so good and clear a Cause; and I hope He will bring me thorough all my difficulties in this dark shadow of death: I hope I have the peace of a good conscience, and have had some glimpses from Jesus Christ of His countenance and reconciled Face, since I came into this prison, for which I desire to bless His Name with all my soul, heart and spirit. And I rejoice that He hes made use of me to suffer for His Cause; And I think it too little, not only to lay down my body, but( if it were possible) even my very soul at the stake for that Cause and for Jesus Christ my good and kind Master, who hath loved me and given Himself for me. I give the Lord thanks that I had some of His Presence since I came into this condition: and again I say, I am much encouraged, and not afraid to die, and bless Him that I die not as a murderer, or evil doer, or Rebel to Authority, but for such a cause as this.  
O that it were the happiness of my Nation of England, once to subject themselves unto the sweet yoke of Christs Reformed Government, under which this Nation of Scotland hath enjoyed so much of the Power and life of the Gospel, by a faithful Ministry according to the Covenant sworn by them both.  
And now, my dear Friends in Christ, and fellow-Covenanters, though I be a stranger in this Land, being an English-man, but tristed by providence in the prosecution of my calling, to have my residence for a time here in Scotland, which I look upon, as a singular evidence of God's special love to me, though I be a stranger, I say, to many of you, yet I must be bold as a dying friend, to beseech you by the mercy of God, and by your appearance before Jesus Christ, when we shall have to do with none but Him as our Judge, that ye be faithful and steadfast in the Cause of God, and Covenant which ye have sworn with hands lifted up to the most high God, which no Power on earth can loose you from, and that ye keep you from snares unto the contrary, and not suffer yourselves to fall into a detestable Neutrality and Indifferency in that Cause of God; And especially that ye keep yourselves free of any Engagements by word or writ, that may wrong your Oath of the Covenant. I commit my Wife and Children to His care, who careth for them that put their trust in Him before the Sons of men, not doubting but they shall be eyed with goodwill and favour by the Godly, after I am gone. And now I render up my Spirit to Him who gave it me, and for whose sake I now lay down my life. To this God, my Covenanted God, be glory, blessing and praise for now and ever, Amen.  
That this is my mind and Testimony, which I leave behind me, I witness by my ordinary subscription,  
R. SHIELDS.   

The Testimony of HUMPREY COLHOUNE, At his Death, in Edinbrugh, December 22. 1666.  
Dear Friends and Spectators,  
I Am come here this Day to this Place to die this Death, for crimes for which( I th●nk God) my Conscience doth not condemn me. My crime, as is alleged, is for Disloyalty against the King's Majesty; Yet I thank God, that my appearing lately with the Lord's People was from my sense of my obligation in the Covenant, and the sense of the wrongs done in th● Land, and the crying oppressions committed therein. This was the end of my appearing for the Lord against His enemies, to bear witness against the same: The which obligation of the Oath of God, I judge that none on earth can loose the Conscience from. I bless the Lord again and again, I die for this Oath and Covenant; And I thank God also▪ that I have by the great mercy of the Almighty God in Christ Jesus, obtained mercy and forgiveness for all my transgressions both against the first and second Table of the Law: And that through that Ocean of grace which is in the Lord Jesus Christ. I believe that I am justified and sanctified, and believe now to be glorified with Him, by that blessed blood of His, which hath purchased this Salvation to me, through faith in the same, made application of, according to the good Co●enant of grace. He hath performed this, out of his wonderful and incomparable free-grace: And this is my joy and exceeding great rejoicing and consolation, and all my salvation, for which I am Grace's debtor throughout all Eternity. I die with this my Testimony, my adherence to the National Covenant, to the Solemn League and Covenant, to the Work of Reformation a great length carried on, and now overthrown most sinfully by ungodly Men, who have established their apostasy by Law, which no just Power on earth could ever do. Also I adhere to the Presbyterial Government, the Confession of Faith, Catechisms Larger and Shorter, And to the Solemn Acknowledgement of the Church of Scotland, And public Testimonies thereof against the sins of the time: This day I rejoice that He hath counted me worthy to lay down my life for Him, as one that beareth witness against the breach of all the Sacred Oaths and Ties that were established in this Land, yea by the just Laws both of God and Man, which never could have been repealed lawfully, as this wicked Generation hath done.  
Dear Friends, I hope ye will stand fast in this Obligation, and in the Solemn Oaths and Ties ye are under, and all the body of the Land also will be steadfast in the same, upon the greatest hazard ye can meet with; And that ye will study perfect holiness and nearness with God, which will help to keep you strait in this day of Persecution and sharp trial that is now raging in this Land: I bless the Lord, I die not a fool, though some men have thought so of me by their speeches to me, since my imprisonment: neither durst I ever be the man to buy my liberty at such a dear rate as Perjury, and to shake off these blessed bonds I did willingly come under; And I thank God, I never yet to this moment rued or repented it; And sure I am it is better for me to suffer the worst of deaths, then to preserve my life by breaking the Oaths of God. I also give my Testimony against Prelacy and that wicked Hierarchy now established in this Land, as that which the Church of Christ could never bear until this day, it being such a grand Enemy to the purity of the Gospel, and power of Godliness, yea a yoke which the Church of God groaneth under. I have no more to say, but commends all you the lovers of our Lord Jesus Christ to God Himself, and to the good word of His grace, which is able to build you up until the day of His appearance, and to give you all an inheritance with them that are sanctified through faith in our Lord Jesus Christ. And subscribes myself an expectant and apparent heir of the grace of Christ.  
HUMPREY COLHOUN.   

The Testimony of JOHN WILSON, Who suffered at Edinbrugh, December 22. 1666.  
Good People and Spectators.  
I Am here condemned to die upon alleged Rebellion against the King and his Authority, which God knoweth, I never intended. For in my judgement, a man's endeavouring to extirpate perjured Prelates and abjured Prelacy, according as he is bound by Oath in a sworn Covenant, may very well stand with a man's Loyalty to King and country; for I am sure, the King and his Subjects may be happy, yea more happy in the extirpation of Prelates and Prelacy, then in their standing; Yea the Throne shall never be established in peace, until that wicked plant be plucked up by the roots, which hath so much wasted and made desolate the Lord's Vineyard: For my part, I pray that the Lord may bless our King with blessings from Heaven, and make him a friend to the Interest of Christ, as the best way for the standing of his Throne to many generations; And I pray for all that are in Authority under his Majesty, that the Lord may not lay to their charge the innocent blood of His Saints, which they have  shed. But the ground of my sentence is truly, the renewing of the Covenant with my God, and labouring to defend the same, according to my Oath: And this I profess is and was my duty, and by the grace of God will not quiter it; And in token hereof, I am here before you all to lay down my life in defence of the same, and require you all to be witnesses to this my Testimony; I do declare, I am not ashamed, but count it my glory. I do likewise declare this before you all in the sight of God, the Judge of all hearts, that since the day I did first swear and subscribe this Covenant for Reformation, it hath been sweet unto me, for I am persuaded in my Conscience of the warrantableness thereof. I did swear the Covenant four times, and the last time at Lanerk, which was the sweetest time to me of them all; For with my whole soul I renewed it, and gave up both my soul and body to Him, to be at His disposal, which, I trust in God, I shall never rue. Hearty praise and thanks be to the blessed God, that ever it pleased Him to give unto this poor Church that mercy to enter in Covenant with Himself, that He might be unto us a Covenanted God, the richest mercy that can be bestowed on men. I have lived a Presbyterian in my judgement, according as I have sworn, and judge it to be the only way that God hath appointed in His word, for the Government of His Church on earth; for under that Government the power and practise of Religion hath greatly flourished, and many a soul hes been converted to the Lord, and found sweet fellowship with Him in His Ordinances, by the Ministry of His honest and lawfully called Servants. And blessed be the day that ever I heard a faithful sent Minister preach the gospel. I do declare before heaven and earth that my whole design in this Rising in arms, was only against abjured Prelacy and Prelates, the great Oppressors of God's Interests, and cruel persecutors of His People, both in their consciences and bodies; and I judge their Government and way not to be conform to the Word of God in the Holy Scriptures. I might city many Scriptures to this purpose, but I shall only name two Luke 22.26. but ye shall not be so; but he that is greatest among you, let him be as the younger; and he that is chief, as he that doth serve. And 1. Pet. 5.3. neither as being Lords over God's heritage, &c. Yea it may be seen from sad experience, that under their Government, the power of Godliness hath decayed, and avowed profanity and Popery itself hath increased, both to the dishonour of the holy Lord, and the great grief of the hearts of the Godly. I am so persuaded of the truth of the Covenant, and of the error of their way, and that Jesus Christ is the only King and Lord over His own House, and besides Him there is none else, for He will not give His glory to another, I am so persuaded of these things, that I dare seal the truth thereof with my blood, and am come hither for the same end, without any fear or amazement; yea if every hair of mine head were a man, I would have ventured all according to the Covenant which I made with my God; And although I be a poor polluted sinner, and my house not so with God, as it became; yet hath He made with me an everlasting Covenant, well ordered in all things and sure, and this is all my Salvation and all my desire; And I hope the Lord will soon tread down all His enemies with shane, and the enemies of His Covenant also. Therefore, let all that love the Lord Jesus Christ and His Truth and Covenant, take comfort and courage, notwithstanding of all that which is come to pass, And let them not be ashamed to adhere thereunto, whatsoever sufferings they meet with therein, for He will make up that loss in Himself, and avenge the wrongs done to Himself& them in His own due time: I assure you, Christ is a good Master to serve: if ye knew Him rightly& His across, it is sweet& easy to the believer; for He maketh death to be life, and bringeth light out of darkness. I desire to follow the blessed Captain of my salvation through well and wo. I beseech you, my dear Friends, whom now I am to part with, that ye stand to the defence of all the truths of God and of His Word;& that ye receive the Lord Christ, as He hath offered Himself therein, ye who have not closed with Him; And that he who hath closed with Him, abide in Him by a lively faith and love, bringing forth fruits, that you may put credit on your profession, and keep off every thing that may shane your glorious and blessed Master before this evil and adulterous generation. And I give you all warning and exhort you hearty as ye love your own souls, and as ye will answer to Him, who shall judge the quick and dead, that ye stand fast in all the duties ye are sworn unto in the National and in the Solemn League and Covenant, both towards God, your King and one another: And that ye beware of snares in taking of any Oaths or Declarations contrary in the least, to the Oath of God in these Covenants. I leave my wife and little children upon Jesus Christ my Lord, who are now to be made a widow and fatherless for His sake, trusting, He will care for them; And I recommend them to the counsel and kindness of His people under Him. I can forgive the wrong done to me in taking away my life for this Cause, and wish God to be merciful to these that have condemned me, or have had any hand in my death: But blessed be God, that brought and hath kept me on His side of this Cause, and honoured me to be a public witness for Him and His blessed Truth, and Cause; for which I shall praise Him in the World to come, whether I now go: yea I will praise Him on the borders of Death& Eternity. To His blessed Name, Father, Son, and Holy Ghost be praise for now and ever. So saith your dying friend for Christ.  
JOHN WILSON.   

A true Relation of the Sufferings and Death of MR. hue Mc.KAIL, Preacher of the Gospel  
MR hue McKail having passed, and improven the virtuous means of his Education( at the University of Edinbrugh, and with his Uncle Mr hue McKail, Minister there, in whose family he did reside) to the satisfaction and good hope of all, in the Winter 1661. upon the very turn of this sad Catastrophe, offers himself to trial( being 20 years old) before the Presbytery of Edinbrugh, in order to the work of the ministry; and being by them amply approven and licenced, and having preached at several times with the great benefit and applause of all his hearers, he did preach his last public Sermon in Edinbrugh, in the Great Church thereof, upon the Sabbath immediately preceding that 8 of September 1662. the day affixed by the then Parliament, for the removal of the Ministers of Edinbrugh.  
His text was Song. 1. 7. In this Sermon taking occasion to speak of the great and many persecutions, to which the Church of God hath been and is obnoxious; and amplifying the Point from the Persons and Powers who have been instrumental therein, he said, that the Church and People of God had been persecuted, both by a Pharaoh upon the Throne, a Haman in the State, and a Iudas in the Church; and falling to enlarge the several ways and manner of the Persecutions of these men,& the issue thereof; the cases of Haman and Iudas appeared in the conviction of his Adversaries, to have such a near resemblance to the state and condition of the then Rulers of State and Church, that though he did make no Application, yet he was reputed to be guilty thereof.  
Whereupon, within a few dayes thereafter, there was a Party of Horsemen sent to the Place where he then lived near to Edinbrugh, for to seize his Person and make him Prisoner. But upon almost no more then a moments advertisement, he escapes out of his bed, and shifting only to another chamber, was miraculously preserved from the Search then used, though most diligent and accurate. For this cause, he being necessitated to leave that Place, retired home-ward to his Fathers house, where having lurked a while, and thereafter as occasions called him spent the four years that have since interveend', in several places and with much uncertainty. Yet during all this space, to the certain knowledge and sweet remembrance of all that conversed with him, he was most seriously exercised in the Study of Piety and true Knowledge, wherein as he greatly advanced above all his equals, so at length he became most eminent and exemplary.  
While he is thus living and employed at his Fathers house, the late Troubles arising in the West fall out; and the news thereof having alarmed him with the rest of that country, upon the 18. of Nov. last, being the Sabbath, for such motives and upon such considerations as he himself doth fully afterward declare, he joined himself to those who rose in these parts for the assisting of that poor afflicted Party, as in their consciences, by their Covenant, they thought themselves indispensably obliged.  
When and where he joined with them, or what was his part, or endeavours amongst them, needs not to be remembered. Only this is certain, that being of a thin body, and tender constitution, he was so disabled and weakened with the toil and fatigue of continual marching and tempestuous weather( particularly at Air, where he lay a considerable time, as if he had been dead, by reason of fainting) that he could no longer endure it. Whereupon, on Tuesday Novemb. 27. he was necessitated to part from them in the morning, near to the New Bridge upon Cramond water: And in his way towards Libberton Parish, about twelve of the clock passing through Bread's Craigs, he was taken, without resistance, having only a small ordinary sword, by such of the countrymen, as were then sent out to view the fields; in which passage it is very observable, that his escape formerly mentioned was not more miraculous, then his present taking was fatal: for it is without question, had he but retained and observed the least of that advertency and caution, wherein at other times he was known to be both ready& very happy, he might, without either hazard or trouble, have escaped this inconvenience; but God who gave him the full experience of his turning all things unto the good of them that love Him, did thus by his simplicity and folly, prepare the way for His own Glory and His servants joy and Victory.  
Being brought to Edinbrugh, and first to the Towns Council-house, in their search for letters he was immediately stripped; and there being none found, committed prisoner to the Tolbuith.  
Upon the Wedensday, being the 28 of November by order from the Secret Council, he was brought before the earl of Dumfries, Lord Sinclar, Sir Robert Murray of Priest-field and others, in order to his Examination; and being interrogate concerning his joining& being with the West-land forces, he conceiving himself not obliged by any Law or Reason, to be his own Accuser, to the destruction of his life, did plainly deny the question; but being desired to sign with his hand, what he had said and they caused writ, though at first he appeared willing, yet partly being advised by the Lord Sinclar, to beware that he subscribed nothing, whereof the contrary would be found true, lest it might therefore fare the worse with him, and partly scrupling at the terms of Rebells and Rebellion, wherein the question and his Answer were conceived, and partly bethinking that a simplo denial may import more then the pleading of Not-guilty, he refused to subscribe his name, which being reported to the Council gave great offence, and brought him under the suspicion of a deep dissembler.  
On Thursday November 29. being again called before his Examinators, upon the considerations mentioned,& for allaying the Councils prejudice,& preventing the inconvenience he might therethrough sustain, he gives in a Declaration under his own hand, testifying, that he had been with the West-land Forces, with whom he occasionally met, and that he resolved to have withdrawn from them upon the first opportunity, which he was also about to do when he was taken, without either offering to flee or resist, which he desired the Council the rather to believe, because he had  told so much to William Lawry of Blackwood, a person employed from the Lieut. general Dalzell to the West-land Forces. But notwithstanding that William Lawry did testify this to be a truth, yet the Council retaining former impressions, and apprehending that the presence and confronting of some other Prisoners of the Westland Forces( who plainly declared their accession to that Rising) and their deponing concerning him, did only move Mr hue to this acknowledgement, although it be certainly known, that he had formed and subscribed the same the night before, they fortify and persist in their jealousy, and suspecting him to have been a contriver of the Insurrection, and privy to all designs and Intelligence relating to it, they dealt with him with great importunity to be ingenuous, and to declare who were the Ring-leaders of the late Rising, and what correspondence either at home or abroad was kept anent it: And this was done especially upon the Monday Dec. 3. at which time also the Boots( a terrible instrument of Torture, which the humanity of our latter times hath so much abhorred, that not only the fashion of them was forgot, but all Torture for their cause, difused; yet new ones such as they are) were laid before him, upon the Town Council-House table, and he certified, that if he would not confess, he should be tortured by them to morrow. And accordingly upon Tuesday Dec. 4. he was again called before the Council, where, after the Examination& Torture of John Nilson of Corsack, he was again examined by the earl of Rothess the Kings Commissioner, the marquis of Montross, and several of the Privy council,( in the Town Council-House) the Bishop of St. Andrewes for the honor of his profession forsooth, and some others of the counsellors upon more real and Christian motives, having at first withdrawn themselves: And being urged to confess, he declared, with a solemn Attestation, that he knew no more, then he had already confessed, whereupon they ordered the Executioner to put his leg into the Boot and to proceed to the Torture. But as he had before confessed and declared ingenuously all he knew, so this Torture( though in itself very violent and painful, by the extraordinary compression both of flesh, sinews and bones, by the force of timber wedges and hammer,& used upon him in a double measure, even to ten or eleven stroke, with considerable intervals; as there remained no truth concealed which it could extort) did not in the least move him to express any impatience or bitterness, but having sustained it most constantly and Christianly, before he got the last three stroke, he protested solemnly in the sight of God, that he could say no more, though all the joints of his body were in as great torture as that poor leg, and desires to know what could hinder them to believe one of his Profession, who had so solemnly declared as in the sight of God, that he knew no more then he had  told, viz. that to the best of his knowledge, the Rising in the West was merely occasional, upon a discontent betwixt the people in the Stewarty of gallovvay& Sir james Turner, to which every one did run, as their hearts moved them when they heard of it.  
This Torture was the cause why he was not indicted with the first ten, who being arraigned and sentenced on Wedensday Dec. 5. were hanged on the friday thereafter, at the across of Edinbrugh. Many thought that considering his small accession unto that Rising, which neither was nor could be proven to be more, then what he himself had freely confessed, and that he had suffered such hard measure by Torture,& that not in order to the discovery of his own Crime, but the declaring of the Contrivers and his Complices, that the same should have procured him favour, but the matter was otherwise determined. Neither was the Sermon before mentioned, so quiter forgotten, though ill remembered, and often repeated in Council in these words ahab upon the Throne, and no more, and therefore.  
Upon Monday the 10 of Dec. he and other seven received their Indictments of Treason,& were accordingly summoned to appear before the Iustices on Wedensday Dec. 12. But his Torture& close Imprisonment thereafter( for so it was ordered) having cast him in a Fever; whereby he was utterly disenabled to make his appearance,  
Upon Tuesday Dec. 11. he gave in to the Lords of Council his Supplication of the Tenor following viz. that whereas I have received an Indictment of Treason, which was yesterday delivered to me, and I appointed to make answer thereto to morrow, and seing in this matter of the highest importance, not only all the time allowed is very short, but I am and have been ever since my Torture in a great distemper and Fever, besides the great pain and utter inability of my leg, which hath constantly kept me bed-fast, and doth render me incapable not only of minding my own Defence, but wholly unable either to walk or stand, far less to go and compear before the Lord Iustice, as I doubt not but Physicians will testify, if your Lo: will order them to visit me, which I humbly beg; And seing my accession to the Crimes libeled is so very slender, being only simplo Presence, and that not only occasional, as I did declare before Your Lo: but also in some sort retracted, and purged, by my purposed and actual off-coming and deserting; and lastly seing I was put to sore Torture, in order to a further discovery, with a promise of favour, in case of my Ingenuity, which I then singly used, as in the sight of God, to the utmost of my knowledge: May it therefore please Your Lordships, graciously to consider the Premises, specially my utter inability to make my appearance, and to surcease any legal procedor against me, in this so weak and extreme condition, and to discharge me of the foresaid Citation and Appearance. And your Lo: answer.  
This Petition and the following are therefore set down verbatim, that both the utmost of his condescendence may appear, and the fainting that he so much regrates in his last speech, be the better understood. And with the same subscribed by him, there was given in, an Attestation under the hands of seven surgeons, declaring his weak and sickly condition.  
Hereupon the Council did order two Physicians, and two surgeons( viz Sir Robert Cuningham, Doctor Hay, james Bortwick, and Thomas Kinkead.) to visit him, and to return their Attestation upon soul and conscience, betwixt and the morrow at ten of the Clock, to the Iustices.  
Upon Wedensday Decemb. 12. the Iustices being set, the Attestation of the two Doctors and surgeons above mentioned, is produced for M● hue Mc Kail, and other three of the Prisoners indicted, and their excuse proponed thereupon. But the Iustice finding, that the Attestation, not bearing soul and conscience, did not agree to the warrant and Order given by the council, and that the Physicians being called, did refuse upon point of privilege to rectify it in these terms, although they declared, that the truth thereof was such, as they might safely confirm it by Oath, they do only supersede th●ir procedure against M. hue, and other two contained in the Attestation, until to morrow, and ordain John Nilson of Corsack,( though also contained in the Attestation, in respect the same as to his part, was not relevant,) and the other four, to be brought to th● Bar, who accordingly being brought, were that day sentenced to be hanged on friday thereafter.  
Thursday December 13. the Iustice Court being set, adjourns until Tuesday thereafter, and ordains M. hue and the other two to be peremptorily sisted that day before the down-sitting of the Court. This afternoon, having obtained his Reprivall, in the thoughts of his dubious condition, he composed the lines following.  
Vitae ergò innumeris curarum erroribus actae,  
Clausula consimilis perbreve finititer.  
Distrahor ambigui dubio discrimine fati:  
Aeger enim jaceo; sin revalesco, cado.  
Saturnday Dec. 8. his Brother M. Matthew goes from Edinbrugh to Glasgow, with a Letter from the Lady marquis of Dowglass, and another from ●he Duchess of Hamilton to the Lord Commissioner Rothes in h●● favours, but both proved ineffectual.  
Like as his Cusing M. Matthew Mc. Kail carried another Letter from the Lady marquis of Dowglass to the Archbishop of St. Andrewes for the same purpose, but with no better success.  
Dec. 18. Sitting in Judgement, the Lord Renton Iustice Clerk, and M. William Murray( Advocate) Iustice deputy.  
M. hue being indifferently recovered, he was brought before the Iustice with other three that were arraigned with him. And first, ●he general Indictment is red, founded both on old and late acts of Parliaments, made against Rising and Assembling in Arms, and entering into Leagues and Covenants, and renewing the Solemn League and Covenant, without or against the Kings Authority, declaring the same to be Rebellion and Treason; and thereafter amply subsuming upon all the Acts, Deeds and Passages of the late Insurrection with many aggravations, particularly upon th●ir taking and renewing the Solemn League and Covenant at Lanerk; And therefore charging them with, and concluding, that they ought to be punished for the same as Traitors. After which Mr. hue his special Indictment is red, bearing, that he had risen and joined with the Rebels, and was with them at Air, Uchiltry and Lanerck, and several other places on horseback, and had kept and was at several of their Rendevouz's with a Sword. Whereunto Mr. hue being permitted to answer, began his discourse very constantly and composedly, declaring, that he looked upon himself, both from the conclusion of his Indictment, and what had happened to others, as a man appointed by men, and determined in himself to die, whereupon he thought himself obliged to use the greater ingenuity, and then affirmed, that he was not ashamed to avow that he was one of that afflicted and persecuted party and persuasion called Presbyterian. Thereafter he proceeded to speak of the Ties and Engagements that were upon the Land to God, in order thereto, and having commended the Institution, Dignity and Blessing of Presbyterial Government, he said that the last words of the National Covenant had always great wei●h● upon his spirit. Whereupon the King's Advocate, interrupting him, desired him to forbear that discourse, telling him th●t he was not there called in question for his persuasion, but for the crime of Rebellion, in rising in Arms against his Ma: Authority, to which he desired him to answer; whereunto he answered, that the thing which moved him to declare himself as he had, and would have done, was that weighty and important saying of our Lord Jesus, Whosoever shall confess me before men, him shall the Son of Man also confess before the Angels of God; but he that denieth me and my words before men, shall be denied before the Angels of God. As for the Rebellion he was charged with, he said, his Accession was only simplo presence with a Sword, and that occasional, as his confession before the Council did bear. The Advocate answers, that not only presence, such as he was charged with, was treasonable, but all intercommuning or keeping company with Rebells, though for the space only of half an hour; and howewer, he said, he was guilty of a far deeper accession, and of many other things besides these contained in his own confession, whereupon the Advocate caused red his Confession, and also the depositions of several others that were examined, in so far as they concerned him. M. hue answered, that all the depositions red, contained no more then was in his own Confession, nor could they make out any more against him; and so in effect it was.  
The Advocate after the sustaining of the Indictment, having made use of, and caused red the confessions of M. hue and the other persons accused before the Assize, in place of Probation, referred the matter to their Cognition.  
The Assize being enclosed gave their Verdict una voice, and by the mouth of Sir William Murray of Newtown their Chancellor, report him to be guilty of being with the Rebells at several times and places, and at their rendezvouz with a Sword, according to his subscribed confession. However it was thereafter understood, that four or five of the Assize, did with reluctancy pronounce this Verdict, thinking death too great a punishment for so slender a Guilt, and that the mayor part of the Assize had cleansed him, if the fear of an Assize of Error had not prevailed with them.  
The Verdict being reported, Doom was pronounced, decerning and adjudging him and the rest to be taken on Saturnday Decemb. 22. to the Mercate across of Edinbrugh, and there to be hanged on a Gibbet till they be dead, and that their Goods and Lands be escheated and forfeited for his Highness's use. At the hearing of which sentence, he cheerfully said, The Lord giveth life, and the Lord taketh, blessed be the Name of the Lord. And as he was carried back through the Guards to the tollbooth, when the People made lamentation, he answered, Though men cut us off, God will receive us, trust in God, trust in God.  
Being come to his Chamber, he immediately addressed himself to God by prayer, with great enlargement of heart for himself and his fellow-prisoners condemned with him. Being afterwards asked, how his leg was, which was tortured; he answered merrily, the fear of" my Neck now maketh me forget my Leg. Thereafter he said, to another friend, O how good news, to be within four dayes journey to enjoy the sight of Jesus Christ, and protested" he was not so cumbered how to die, as he had been sometime to preach a Sermon. To some women lamenting for him, he said, that his condition, though he was young, and in the budding of his hopes and labours in the Ministry, yet was not to be mourned for; for, said he, one drop of my blood, through the Grace of God, may make more hearts contrite, then many years sermons might have done.  
This afternoon he supplicat the Council for liberty to his Father to come& visit him, which being granted, his Father the next night came to him. Their first meeting was very sad;& notwithstanding, that according both to the testimony of his Parents, and knowledge of all his relations, he was a most obedient Son; yet these inevitable infirmities which are incident to the best of men, and cannot but furnish sad convictions, when considered in the power and pure light of the spiritual Law of God, did greatly trouble him in the remembrance of the fift commandment. The passage was thus. After prayer his Father said unto him, Hugo, I called thee a goodly olive three of fair fruits, and now a storm hath destroyed the three and his fruits and branches. He answered, that his Fathers too good thoughts of him had afflicted him: His Father said, he was persuaded, God was visiting not his own sin, but his parents sin upon him, so that he might say, Our Fathers have sinned, and we have born their iniquity. He said also, I have sinned, thow poor sheep what hast thow done. M. hue answered with many groans, that through coming short of keeping the fifth commandment, he had come short of the promise, that his days should be prolonged in the Land of the living, and that Gods controversy with him, was for overvaluing his children, especially himself.  
On Thursday the 20 of December more from the importunity of Friends, then of his own inclination, he gave in to the Privy Council, a Petition, as follows.  
That whereas upon Tuesday last I was indicted and condemned, for the treasonable deeds contained in the general and special Indictment exhibited against me; in the which special Indictment, containing my whole accession to the said Crimes, there is only libeled presence in several places, with an ordinary sword, likeas my own confession, which is the naked truth, doth declare, how the same was occasional; And seeing that it was also in some sort purged& retracted by my withdrawing and deserting with the first conveniency, whereby not only my case appears to be different from that of others, but also as favourable as possibly can be, next to innocency itself; likeas the same appeared no less to many of these Gentlemen who were upon my Assize. And seeing the Torture I sustained, and the ingenuity I then used, as in the sight of God, to the utmost of my knowledge, deserve that favour that was at that time insinuated; And that it is expected that his Majesty( whose mercy I beg) according to his great clemency and the most usual practise in the like cases, will interpose his mercy, for the rescue of many, who are equally with me involved. May it therefore please your Lordships graciously to consider the premises, and to pardon my great rashness and precipitancy, and therefore to indulge such a reprival as your Lo. shall think convenient, until his Majesty's gracious pleasure anent the premises shall be fully known; At least till the Commissioner his Grace, do return; And your Lo answer. The words marked in this Petition by a different character, were the amendments of his Friends affection, which they were advised to put in, by some members of the Privy Council, to whom the copy of it had been presented immediately before the downsitting of the council; and thereupon the Petition being transcribed, was in so great hast presented unto him, to subscribe it, that he got it not red. However the Petition was both disrelished and refused by the Council; The truth is, some of his Friends exceeding zealous of his safety, had moved to several members of the Council, that the Declaration might be tendered to him, and some time permitted him to advice thereanent; which motion, it's like, was attended with some insinuations, that probably he might be induced to subscribe it; but as the motion was ineffectual without a warrant under his own hand, so even the Authors thereof do bear him witness of his positive, fixed and often declared resolution, not to subscribe it at the highest rate: Likeas, upon some surmises to the contrary, he thought it necessary for his own vindication, to leave it under his hand, that the above-mentioned resolution was from his own proper knowledge and motive, without the assistance of the least dissuasive from any other person.  
During his abode in Prison, the Lord was very graciously present with him, both to sustain him against the fear of death, and to dispel all these over-cloudings of terror, unto which the frailty of flesh and blood hath sometime exposed the best of men; and also in assisting him in prayer and praises, to the admiration of all his hearers, especially on the Thursday's night Dec. 20. whereon being set a supper with his fellow-prisoners and his Father, and one or two besides, he requested his fellow prisoners, saying merrily, eat to the full, and cherish your bodies, that we may all be a fat Christsmass Pie to the Prelates. After supper in thanksgiving, he burst forth in blessing God, that had made ●im such a fool as to come to that prison; and after many gracious ●ords, continued saying, many crosses have come in our way and ●rought but weakly upon us, but here is a across thath hath done more ●od then all the many that befell us before. Then lamenting the condition of the Church of God, with much earnestness, he used that exclamation in the last of Daniel, What Lord shall be the end of these wonders!  
The last night of his life, being friday Decemb. 21. he proponed and answered himself, several questions, to the strengthening of his fellow-prisoners, and great refreshing of all his hearers, As 1. he enquired; How should he, going from the tollbooth through a multitude of gazing People and guards of Souldiers, to a Scaffold and Gibbet, overcome the impression of all these? To which he answered; By conceiving a deeper impression of a multitude of Angels who are also on-lookers; According to that, we are a gazing-stock to the World, Angels and Men: For the Angels rejoicing at our good confession are present to convey and carry our souls as the soul of Lazarus, unto Abraham's bosom; Not to receive them, for that is Iesus Christ's work alone, who will welcome them to Heaven Himself, with the songs of Angels and blessed Spirits; But the Angels are ministering Spirits, always ready to serve and strengthen all dying believers. 2. As Stephen saw the Heavens opened, and Iesus standing on the right hand of God, Who then said, Lord Iesus, receive my Spirit, so( said he) do I believe, that Iesus Christ is also ready to receive the souls of his dying sufferers.  
2. He inquired, What is the way for us to conceive of Heaven who are hasting unto it, seing the Word saith, Eye hath not seen, nor ear heard, neither have entered into the heart of man, the things which God hath prepared for them that love him? Whereunto he answered, that the Scripture helps us two ways to conceive of heaven. The first is by way of similitudes, as in that Rev. 21. where heaven is held forth, by the representation of a glorious City, there described; but in the same place it is also termed the Bride; but O how unlike are these two, a Bride and a City! which doth clearly evidence the insufficiency and vast disproportion of all such similitudes; and therefore he addeth, the Scripture furnisheth yet a more excellent way to conceive of heaven; and that is 1. by conceiving the love of Christ to us, even what is the breadth and length and depth and height and the immenseness of that love of Christ, which passeth knowledge, which is also the highest and sweetest motive of praise; unto him, that loved us, and washed us from our sins in his own blood, and hath made us Kings and Priests unto God and His Father, to him be glory and dominion for ever and ever, Amen. 2. By holding forth the love of the Saints to Jesus Christ, and teaching of us to love him in sincerity, which is the very joy and exultation of heaven, Rev. 5.12. Worthy is the Lamb that was slain, to receive power, and riches, and wisdom, and strength, and honor, and glory, and blessing. And no other thing then the soul breathing forth love to Jesus Christ, can rightly apprehended the joys of heaven.  
The last words which he spoken at supper, were in the commendation of Love above knowledge, saying, O but notions of Knowledge without Love, are of small worth, evanishing in nothing, and very dangerous. After supper, his father having given thanks, he red the 16 Psalm, and his first words thereafter were, If there were any thing in the World sadly and unwillingly to be left, it were the reading of the Scriptures. I said I shall not see the Lord, even the Lord, in the land of the living, but this needs not make us sad; for where we go, the Lamb is the book of Scripture, and the light of that City, and there is life, even the river of the water of life, and living springs. To this he added many excellent observations, and making mention of the 23 v. of the 31 Psal. O love the Lord, all ye his saints, he added, that where love was, it was so operative, that it made flesh, spirit; and where it was not, there spirit was made flesh: thereafter he sung a part of the Psalm.  
Supper being ended, he calls smileingly for a pen, saying, it was to writ his Testament, wherein he only ordered some few books, which he had, to be redelivered to several persons.  
He went to bed a little after eleven of the clock, and having slept well till 5 in the morning, he arose and called to his Camerade John Wodrow, saying pleasantly, up John; for you are too long in bed; you and I look not like men going this day to be hanged, seeing we lie so long. Thereafter he said to him in the words of Isaiah ch. 42. v. 24. Who gave jacob for a spoil, and Israel to the robbers? did not the Lord? he against whom we have sinned, for they would not walk in his ways, neither were they obedient unto His Law, &c. and I think, John,( said he) I have not known it, nor do I lay it to heart, as it is said in the end of the 25 verse. But, John( said he) for all this be not afraid, but red the 43. ch. v. 1. 2. for all will go well with us. John, said to him, you and I will be chambered shortly in heaven, beside Mr. Robertson. He answered," I fear, John, you bar me out, because you was more free before the Council then I was; but I shall be as free as any of you upon the Scaffold. Before break-fast, he said, he had got a clear ray of the Majesty of the Lord after his awaking, but it was a little again over-clouded. Thereafter he prayed," and attested the Lord, that he had devoted himself to the service of God in the Ministry of the Lord Jesus, and the edification of souls, very early; adding albeit I have not been so with my God, yet thow hast made with me an Everlasting Covenant, ordered in all things and sure; this is all my desire, joy and salvation, albeit thow make me not a house to grow. Now Lord, we come to thy throne, a place we have not been acquainted with; earthly Kings thrones have advocates against poor men, but thy Throne hath Jesus, an Advocate for us. Our supplication this day, is not to be free of death, nor of pain in death, but that we may witness before many witnesses, a good confession.  
His Father coming to him that morning to bid him farewell, his last words to him were, after prayer and a little discourse, that his suffering would do more hurt to the Prelates, and be more edifying to God's people then if he were to continue in the Ministry, for twenty years. And then he desired his Father to leave him, else he would but trouble him, & I desire it of you, said he, As the best and last service you can do me, to go to your chamber, and pray earnestly to the Lord to be with me on that Scaffold: for how to carry there is my care, even that I may be strengthened to endure to the end.  
About two of the clock in the Afternoon, he was carried to the Scaffold with other five that suffered with him; where he appeared to the conviction of all that formerly knew him, with a fairer, better and more stayed countenance then ever they had before observed. Being come to the foot of the Ladder, he directed his speech North-ward to the multitude. And premising, That as his Years in the World had been but few, so his Words at that time should not be many. He spoken to the People, the speech and Testimony which he had before written and subscribed.  
Having done speaking to the People, who heard him with great attention, he sung a part of the 31 Psal. and then prayed with such power and fervency, as forced many to weep bitterly. Having ended he gives his cloak and hat from him; And when he turnned himself and took hold of the Ladder to go up, he said with an audible voice, I care no more to go up this Ladder and over it, then if I were going home to my Fathers House; And as he went up, hearing a great noise amongst the People, he called down to his fellow-sufferers, saying, Friends and Fellow-sufferers, be not afraid, every step of this Ladder is a degree nearer Heaven. Then having seated himself thereon, he said, I do partly believe, that the Nobles, Counsellors, and Rulers of the Land, would have used some mitigation of this punishment, had they not been instigated by the Prelates, so our blood lies principally at the prelates door. But this is my comfort now, that I know my Redeemer liveth, and that he shall stand at the latter day upon the Earth, and though after my skin, worms destroy this Body, yet in my flesh shall I see God, whom I shall see for myself, and mine Eyes shall behold( pointing to his eyes) and not another, though my reins be consumed in me. And now I do willingly lay down my life for the Truth and Cause of God, the Covenants and Work of Reformation, which were once counted the Glory of this Nation. And it is for endeavouring to defend this, and to extirpate that bitter root of Prelacy, that I embrace this rope( the Executioner putting the rope about his neck.) Then hearing the People weep, he said, Your work is not to weep, but to pray that we may be honourably born through; and blessed be the Lord, that supports me. Now as I have been beholden to the prayers and kindness of many since my imprisonment and sentence; So I hope you will not be wanting to me now, in this last step of my journey, that I may witness a good Confession: And that you may know the ground of my encouragement in this Work, and what my hope is, I will red to you the last Chapter of the Bible; And having red it, he said, Here you see the Glory that is to be revealed upon me, a pure river of water of life, and so forth( red the place) where the Throne of God is, and the Lamb is in it, where his Servants serve Him and see His face, and His Name is in their foreheads, and the Lord God giveth them light, and they shall reign for ever and ever; and here you see my access to my Glory and reward. Let him that is a thirst come, and whosoever will let him take of the water of life freely. And here you see also my welcome, the Spirit and the Bride say, Come. Then he said, I have one word more to say to my Friends,( looking down to the Scaffold) where are you? You need neither lament me nor be ashamed of me in this condition, for I may make use of that expression of Christs, I go to your Father and my Father, to your God and my God, to your King and my King, to the blessed Apostles and Martyrs, and to the City of the Living God, the heavenly jerusalem, to an innumerable company of Angels, to the General Assembly and Church of the First-born, and to God the judge of all, and to the Spirits of just men made perfect, and to Iesus the Mediator of the new Covenant; And so I bid you all farewell: For God will be more comfortable to you then I could be; And he will also now be more refreshing to me, then you can be: farewell, farewell in the Lord. Then the Napkin being put on his face, he prayed a space within himself, after which he put up the cloath from his face, with his own hand, and said, he had one word more to say, and that was to show them the comfort he had in his Death, saying, I hope you perceived no alteration or discouragement in my countenance and carriage, and as it may be your wonder, so I profess it is a wonder to myself, and I will tell you the reason of it: Besides the justness of my Cause, this is my comfort, which was said of Lazarus when he dyed, that the Angels did carry his soul into Abraham's Bosom; so, that as there is a great solemnity here, of a confluence of People, a Scaffold, a Gallows, and People looking out at windows; so is there greater& more solemn preparation in Heaven, of Angels to carry my soul to Christs' bosom. Again, this is my comfort, that it is to come in Christ's hands, and He will present it blameless and faultless to the Father, and then shall I be ever with the Lord. And now I leave of to speak any more to creatures, and turn my speech to thee. O Lord! and now I begin my intercourse with God, which shall never be broken off. farewell Father and Mother, Friends and Relations; farewell the World and all Delights, Farewell meat and drink, farewell Sun, Moon and Stars; Welcome God and Father, Welcome sweet Lord Jesus, the Mediator of the new Covenant, Welcome blessed Spirit of Grace and God of all consolation, Welcome Glory, Welcome Eternal Life, Welcome Death. Then he desired the Executioner not to turn him over, until he should put over his own shoulders himself, which, after praying a little within himself, he did, saying, O Lord! into thy hands I commit my Spirit: for thou hast redeemed my Soul, Lord God of truth. Thus in the 26 Year of his age, he died, as he lived, in the Lord.〈…〉    

Folloueth the process and endytment, of these eleveen ( excluding the aftermentioned Cornelius Anderson tailor in air, the traitor and executioner of these nyn, who suffered at the brughs of air and Irvine, and who shortly afterward died miserablie.) who were sentenced together at air, and so suffered at the several places, and upon the same dayes, desygned in the sentence pronounced against them, as is aftermentioned, being also upon the same account of the faithful testimony at Pentland upon wednsday November 28, 1666. as were the former tuenti-four as aforesaid at Edinburgh and Glasgow. Curia Justiciaria, S. D. N. Regis, tenta in Praetorio burgi de air, vigesimo quarto die mensis Decembris, 1666. Per Joannem Comitem de Kelly &c. Guilielmum Dromond. Carolum Maitland de Hatoune& Jacobum Crichtone 'vice comitem de Nidsdale. Justiciarios per commissionem. S. D. N. Regis. Curia Legittime Affirmata.  
THe Comissione being red verbatim as it was at Glasgow, only with respect to the different commissioners.  
INTRANT. 

John Grier in fairmarkland.  
John Grahame servant to John Gordone in midtoun of old cachane.  
James Smith in old cachane.  
Alexander Mc. Millan in Carsfairne.  
James Mc. milan in Montdrochate.  
George Mc. Kertney in Blairkenny.  
John short in the paroch of dalry.  
Cornelius Anderson tailor in Air.  
James Blackwood servant to John brown in finnick paroch.  
William welsh in the paroch of K. Patrick.  
John Mc. Coul Sone to John Mc. Coul in Carsfairne.  
James Murehead in the paroch of Irongray.    
YE are accused and endyted& and so deduceing the other indytment verbatim without addition or diminutione.  
PERSEWER.  
Sr. William Purves his Majesties sollicitoure. And representer of his Highness Advocate.  
S●. William Purves Produced one warrant granted to him be John earl of Rothes his Majesties high Commissionar whereof the tenor follows, Forasmuch as John Grier in Fairmarkland, John Grahame in Middtoune of old Cachane, James Smith in old Cachane, Alexander Mc. milan in Carsphairne, James Mc. milan, George Mc. Kertny in Blairkenny, John short, Cornelius Andersone tailor in Air, James Blackwood Servant to John brown, Williame welsh, James Murehead in Irongray, John Mc. Coull Sone to John Mc. Coull in Carsfairne. Have been accessary to the Late rebellione and involved themselves in the guilt therof as appears be their own depositions, and several other witneses; we do therfore require you Sr. William Purves his Majesties solicitor, and as representing his Majesties advocate, to prepare dittays against the forsaids persons, and persew them criminally before the commissioners of Justiciary appointed for that effect, and in so doing these presents shall be your warrant, given under our hand at air, the twentieth and second day of December 1666.  
Sic subscribitur, ROTHES.  
sir. William Purves persuer for probatione adduced the Pannals their judicial declarations, and confessions of the samyne crimes taken before the justices forsaids which declarations and confessions being publicly read in presence of the assize the pannals judicially adhered thereto, and which confessions are set down in the verdict of assize aftermentioned.  
ASSISA. 

Robert Clandinnine baylie of Kirkcudbright.  
John Maxwell of Milnetoune  
Andrew Crawfurd of Drings.  
Hugh Montgomery of Bioch.  
Hugh Blaire of Blairestoune.  
John Cuninghame of Drimane.  
Robert Straitoun glazier in Air  
John Caldwallskinner there.  
Robert Hunter Merchand there.  
Williame Robine Merchand there.  
Charles Dalrimple Merchand in air.  
William Boull Merchand there.  
George Mortoun Merchand there.  
Quintine Crawfurd Merchand there.  
Alexander Blaire Merchand there.    
The justices finds the dittay relevant and ordains the samyne to be put to the trial of one assize.  
The assize Lawfully sworn no objectione in the contrair.  
The assize be plurality of voices elects John Maxwell of Milntoun in Chancellor.  
The assize all in one voice be the report and judicial declaratione of John Maxwell of Milntoun their Chancellor finds the persons underwritten guilty, and culpable of the treasonable crimes underwritten to wit John Grier in Fairmarkland to be guilty, and culpable of going to the kirk of Jrongray accompanied with William Maxwell his Master to these who had taken Sr. James Turner, and staying constantly with the rebells, and having one sword of the arms taken out of air, of being at Lanerke with the rebells and holding up his hand to the taking of the covenant, and of being with the rebells that morning the fight was. John Grahame Servant to John Gordone in Middtown to be guilty, and culpable of joining with the Rebells at Old Cachane the day after Sr. James Turner was taken at Drumfries, and Marching with them to their several quarters the Length of Collingtoune armed with one sword, and being at the fight of Pentland, and his sword drawn in his hand. James Smith in Old Cachane of Dalry to be guilty, and culpable of going to Drumfries, to the Old Cachane at the desire of Barscobe and Carsock for the apprehending of Sr. James Turner, and with his associates in taking, and apprehending the said sir James Turner being on horseback, and his sword drawn and continuing with the rebells until they came to Carsfairne, and Dalmellingtoune. Alexander Mc. milan to be guilty, and culpable of joining with the rebells at the bridgend of Monyhyve in their back coming from the taking of S●. James Turner, and going to Lanerk with them, and taking the covenant there and from thence going allongst with them to Pentland, and being at the fight having his sword drawn. James Mc. milan in Montdrochat to be guilty, and culpable of joining with the rebells at the bridgend of Keir, and going and entering within the town of Drumfries at the taking of Sr. James Turner, and having a sword drawn at the taking of Sr. James, and going with the rebells to Dalry and Dalmellingtone, and Keeping rendevouze with them. George Mc. Kertney servant to George Mc. Kertney of Bleckitt to be guilty, and culpable of joining, accompanied with his Master, with the rebells at Holm of Dalry, and going allongst with them unto Collingtoune, and having a sword drawn the time of the fight. John Short in the paroch of Dalry to be guilty, and culpable of joining with the rebells the day after the taking of S●. James Turner, being on horseback, and having one sword and going with the rebells to Lanerk, and taking the Covenant with them there, and marching with them the Length of Collingtoun and Pentland, and having his sword drawn the time of the fight. Cornelius Andersone tailor in air to be guilty, and culpable of joining with the rebells at Ochiltree, having a sword for his weapons, and going allongst with the rebells the Length of Collingtoun. James Blackwood in the paroch of Finnick to be guilty, and culpable of being present at the taking and wounding of Mr. Alexander Ogilvy minister at Stewartoune, and the Schoolmaster there, upon sunday the 18 day of November Last, and having a sword for his arms, that upon wednesday there after he joined with the rebells and marching allongst with them to Ochiltrie, and the Length of Collintoune, and of taking the Covenant at Lanerke. William welsh in the Parish of Kilpatrick to be guilty, and culpable of joining with the rebells at the same parish kirk from thence going with them to Torboltoune, and all allongst to the fight with a sword in his hand in Monrieffs troope. James Murehead in the paroch of Jrongray to be guilty, and culpable of joining with the rebells at the kirk of Jrongray, and going allongst with them to Drumfries, and there took, S. James Turner having a sword for his arms. John Mc. Coul son to John. Mc. Coul in Carsfairne to be guilty, and culpable of joining with the rebells at Carsfairne having a horse and a sword, and going with the rebells to Lanerk, and there taking the Covenant with them, and that conform to their own judicial declarations and confessions of the samyne crimes:  
Sic subscribitur, Jo: MAXWELL.  
THe said day his Majesties justices be the mouth of John Mc. Adam Dempster of court discerned and adjudged the said John Grier in Fairmarkland, John Graham servant to John Gordone of Midtoun in Old Cachan, James Smith in Old Cachane, Alexander Mc. milan in Carsfairne, James Mc. Millan in Montdrochat, George, Mc. Kertney in Blairkenny, John Short in the paroch of Dalry, Cornelius Andersone tailor in air, James Blekwood servant to John brown in Finnick paroch, William welsh in the parish of Kirckpatrick, John Mc. Coull sone to John Mc. Coull in Carsfairne, and james Murehead in Irongray, as being found guilty be one assize of the treasonable crimes contained in their dittay. To be taken to the places underwritten and there to be execute in maner after specified viz. the said james Smith Alexander Mc. milan james Mc. milan George Mc. Kertney Cornelius Andersone, John Short John Grahame, and John Mureheade, to be taken upon Thursday next, the twenty and seventh of December instant, to the Mercate across of the borough of air, and there, betwixt two and four o'clock in the afternoon to be hanged upon a gibbet till they be dead, and there heads and their right hands to be cut off, and to be disposed upon as Lieutenant general Dromond shall think fitt, and their Lands, heretages, goods and geir, to be forfaulted and escheat to his Majesties use; As also the saids John Grier, and Williame welsh, to be taken upon Wednsday the second day of january next to come 1667. year, to the Mercate across of the borough of Drumfries, and there, betwixt two and four houres in the afternoon, to be hanged on one gibbet till they be dead, and their heads and right hands to be cut off, and to be put on the ports and most public places of the said town of Drumfries. And all their Lands, heretages, goods and gier, to be forfault and escheat to his Majesties use; And siklyke the saids james Blakwood, and John Mc. Coull, to be taken upon monday the last day of December instant, to the Mercate across of the borough of Irvine, and there, betwixt two and four houres in the afternoon, to be hanged one one gibbet till they be dead, and after they are dead their heads, and right hands to be cut off; and put upon the most public places of the said town of Irvine, and all there Lands, heretages, goods and gear, to be forfeit and escheat, to his Majesties use, which was pronounced for doom, whereupon Sr. William Purves Persewer, asked and took instruments.〈…〉   

Followeth now after their raging in blood as is fore mentioned in the foresaid endytments, a process of forfaullture of the estates, and lives of so many as is aftermentioned in the processes following, whom the Lord in providence had wonderfully shelltered, and saved out of their hands the time of their horrid rage. As alleging them accessory to the foresaid Testimony at Pentland: wednsday November 28, 1666. Curia Justiciaria, S. D. N. Regis, tenta in Praetorio burgi de Edinburgh decimo quinto die mensis Augusti 1667. Per nobilem& potentem Comitem Johanem Comitum de Athole Justiciarium Generalem dicti Supremi Nostri Regis& Dominum Johannem Hume de Rentone militem Clericum Justiciarium dicti S. D. N. Regis. Curia Legittime Affirmata.  
Assessors to the Justices. 

Alexander earl of Linlithgow.  
William earl of Drumfries.    
MY Lord Advocat produced one act of his Majesties privy council whereof the tenor follows.  
At Halyrudhous the sixth day of August the Lords of his Majesties privy council considering the desire of the Justice general, Justice Clerk and Justice deputy for having Assessors appointed to them in the process pursued against Caldwell, and others for treason, have Ordained, and ordains that with the Justice general, Justice Clerk, and Justice deput. The earls of Linlithgow, and Drumfries do sit as assessors, and to vote therintill. Extractum per me.  
Sic subscribitur, PET: WEDDERBURNE.  

His Majesties Advocate. against. Wallace and others rising in arms declared and forfaulted  The which day colonel James Wallace, mayor Joseph Lermont.... Maxwell of Mourieff Younger.... Mc. Cleland of Barscobe.... Mc. Cleland of Balmagiechane.... Cannone younger of Burnshalloch.... Cannoun younger of Barley..... Cannon younger of Montdrochat.... Welsh of star.... Welsh of Cornlie..... Gordone of Garrarey in Kells, Robert Challmers Brother to Gathgirth, Hendri Grier in Ballmacklellen, David Scott in Irongray, Johne Gordone in Middtouue of Dalry, William Gordone there. William Mc. Knaught there. Robert and Gilbert Cannons there.... Gordone elder in Bar, of Kirk Patrick-durham, Patrick Mc. Knaught in Connoch, John Mc. Knaught, his Sone.... Gordone younger of holm.... Dempster of Carrodow.... of Dargoner.... of Sundywell.... Ramsey in the Maines of Arnestoune, Johne Hutchesone in Newbottell.... rue Chapland to Scotstorbet, Patrick Listoune elder portioner of Langtoune, William Listoune his Sone in Crofthead, Patrick Listoune younger in Over-Listoune.... Wilkie in the Maines of Cliftenhal, William Mure of Caldwell, John Caldwell of Caldwell, Robert Ker of Kersland, Mr. John Cuninghame of Bedland, William Porterfield of Quarelltoune, Alexander Porterfield his Brother, William Lockhart of Wicketshaw, John Hutchesone of Hairlaw.... Bell of Middillhous, William Denholm of Wasteshields. His name is not in my Lord advocates warrant to be insisted against, and was past frae judicially and therefore is delet. David Poe in Pokelly, Mr. gabriel Semple, John Semple, Mr. John Guthrey, Mr. John Welsh, Mr. Samuel Arnot, Mr. james Smith, m. Alexander Pedine, Mr...... Orr, Mr. William fetch, Mr...... Patoune, Mr. John Kroockshankes, Mr. gabriel Maxvell, Mr. John Carstaires, Mr. james mitchel, Mr. William Forsyth. Being oftentimes called to compier before his Majesties Justice general, Justice Clerk or Justice Deputs to have underlyen his Majesties Laws for the crimes following, mentioned in the dittay; That where not-withstanding by the common Laws and the Law of nationes and the Laws and practic of this kingdom, and many clear and express acts of Parliament the rising of his Majesties subjects or any number of them, and their joining, and assembling together in arms without his Majesties command, warrant or authority, and when the samen is not only without, but against, and in opposition to his majesty, and his authority, and Laws, are most horrid and heinous crimes of Rebellione, treason, and laese majesty in the highest degree, and all persons committing or guilty of the crimes or any ways accessory thereto, or who doth abait, assist, resett or intercomune with or keep correspondence with such Rebells or otherways does supply them in any maner of way, and being required by proclamatione or otherways, doth not rise with, and assist his Majesties lieutenant, and others having power, and authority, for repressing the saids Rebells: Ought to be proceeded against, and severely punished as traitors comform to the laws, and acts of Parliament of this kingdom, And in special it is statut, and ordained be the thrid act of King Ja: the first his first parl: that no man oppenly or nottourly rebel against the King under pain of life, Lands and goods. And be the 27. act of the said King Ja: the first his second Parliament it is statut; That no man shall wilfully resist, maintain, and do favour to open, and manifest Rebells against his majesty, and the comune Laws under the pain of forfaultrie. And be the 14. act of King Ja: the second his 16. Parliament entitled sundry points of treason. It is statute that if any man do or commit treason against the Kings person or his majesty or ryses in fire of wire against him, or resetts any that hes committed treason or supplies them in help, eas, or counsel, they shall be punished as traitors; And by the 144. act of King Ja: 6. Parliament 12. It is statut that where any declared traitor repairs in any part of this Realm, non of his Majesties subjects shall presum to reset, supply or intercomune with them or give them any relief or comfort, and that immediately upon their repairing in the bounds all his Majesties good subjects do their exact diligence in apprehending the said traitors and Rebells. And that with all speed they certify his majesty, or some of his secret council, or some persons of authority, and credyt within the shire, that such Rebells are within the same, under the pain that the saids Rebells and traitors ought to sustain, if they were apprehended, and convict by justice: Lykas be the 5. act of his Majesties late Parliament, and first sessione therof, it is declared, that it shall be high treason, to the subjects of this kingdom, or any number of them more or less, upon any ground or pretext what-somever, to rise and continue in arms, to make peace or war, to make treaties or leagues with any foreign princes or estates, or amongst themselves, without his Majesties special authority, and approbatione first interponed thereto; and all other subjects are discharged upon any pretext whatsomever, to attempt any of those things, under the said pain of treason. And by the seventh act of the foresaid Parliament, and first sessione therof, all his Majesties subjects are inhibited, and discharged, that non of them presum upon any pretext, or authority whatsomever, to require the renewing or suearing of the league and covenant, or any other covenant, or public oaths, concerning the government of the church and kingdom, without his Majesties special warand and approbatione; And that non of his Majesties subjects, offer to renew or swear the samen, without his Majesties warrant, as they will be ansuerable at their highest perrills. nevertheless, the foresaid persons and their associates, sh●king off all fear of God, and conscience of duty and loyallty to his majesty, their native sovereign prince, and natural tenderness to their Country, hes most perfidiously and treasonably, Contraveened the saids Laws and acts of Parliament, and committed the crimes foresaid, in maner above specified, in sua far as this his Majesties ancient kingdom, having for many years suffered and incurred, all the Calamities and miseries and tragical effects and consequents, of one civill war, and foreign usurpatione, and now after his Majesties happy restitutione, beginning to recover of so long and wasting one consumptione, through the blessing of God and his Majesties incomparable goodness and clemency; And having by one act of oblivione secured the lives and fortounes of the saids persons, and others who were conscious to themselves, and might have justly feared to be under the lash and compass of Law and justice; and when his majesty and his good people, had just reason to expect security and quiet at home, and assistance against his enemies abroad, yet they and a party of seditious persons retaining and persisting in their inveterat dissloyallty, and disaffection to his Majesties Government and Laws, did take advantage and opportunity of the time, when he was engaged in a chargeable and bloody war, with divers of his nighbour-Princes and estates, being jealous of, and anoying his Majesties greatness and prosperity, and the happiness of these kingdoms under his Government, and having contryved and projected, one most horrid insurectione and Rebellione, tending to invollve his Majesties kingdoms in blood and confusion, and to encourage and strengthen his enemies, did rise, convene and assemble themselves together in arms, and upon the day.... of November last, did march to, and enter within his Majesties town of drumfries, in one hostill maner, with their draune swords, and other arms, and did beset the house where Sr. James turner, and other of the Officers of his Majesties forces was lodged for the time, and did violently seize upon the said Sr. James his person, and goods; within his lodging, and did detain and carry him about with them captive, and as one lawful prisoner, taken from one enemy, and did search for, and would have taken the minister of the said town, if he had not escaped; and while the forsaids persons were in the said town, they, their complices, and associates, did many other acts of insolency and Rebellione, and having in maner foresaid, openly avowed and proclaimed their Rebellione, in so public and insolent one way, to the great contempt and affront of authority, they and their Complices, in pursuence of the same, did convocat his Majesties people, and subjects, and endeavoured to stir them up, and persuade them to join in the foresaid Rebellione, and seize upon the persons, horses and arms; and plunder and Riffle the goods and houses, of divers his Majesties good subjects, and in special of faithful and loyal ministers, and be seditious sermons, insinuations and other practices, did so far prevail in the Stewartrie of Kirkcubright, and the Shyrt of W●gtoune, and the shires of air, Lanerk and other western shires, that many persons flocking and resorting to them and their Complices, they had the boldness and confidence, to sand a considerable party to his Majesties town of air; and seize upon, and take all the arms were there; and not content to proceed to the hieght of Rebellione in maner foresaid, they and their Complices did presume, to regulat their monstrous and irregular Rebellione, and in the formality and frame, and under the name and notion, to form and model themselves in companies and Regiments, and to name Captains of foot, Comanders of troops and other Officers, under the Command of the said colonel James Wallace, Joseph Lermonth, and other persons of known dissafectione, to his majesty and his Government; And though his Majesties lieutenant general did march speedily, for repressing the said Rebellione and insurectione. And his Majesties council did emit, and issue a proclamatione, declaring the said insurrectione, to be a manifest and horrid Rebellione, and high treason, and commanding the saids Rebells to desist, and Lay down arms, with certificatione if they would continue in their Rebellione, they should be proceeded against as desperat and incorrigible traitors, and disscharging all his Majesties subjects, to join, resett, supply, or intercomoune with them, And commanding them to rise, and join with his Majesties lieutenant general, and the forces under him, under the pain of treason. Yet the foresaid persons and their complices did obstinately continue and march through the country, in their modeled army, as if they had been one enemy, and in one capacity to encounter, and dissput with arms, with his majesty, their sovereign Lord, and his forces, and did in a warlike and hostil maner and postoure, enter within his Majesties town of Lanerk, and there upon the twintie six day of November, to palliat their Rebellione with the colour of Religione, did renew and take the Oath of the Covenant, and thence did march, quartering all alongst upon, and oppressing his Majesties good subjects, until they had the boldness, and confidence, to approach within two miles of his Majesties city of Edinburgh, where his judicatories and Lords of privy council and sessione were sitting for the tym, and having quartered all night within the parish of Collingtoune, at so nigher a disstance from the said city the said persons and their complices, upon wednsday the twenty eight day of November, did dar and presum to encounter and fight with his Majesties armies and forces, under the Command and Conduct of his Majesties lieutenant general, and other Officers, at Pentland hills, and did wound and kill in the said fight or conflict, divers of his Majesties good subjects, and endeavoured and did all they could to destroy his Majesties army, until by the mercy of god, and conduct and valour of his Majesties lieutenant, and other Officers and Souldiers under him, they were vanquished, routed and dissipated. Lykeas, notwithstanding the Laws, acts of Parliament and proclamatione foresaid, and that thereafter a proclamatione was emitted upon the fourth day of December, whereby his majesty with Advice of his privy council, did again discharge and inhibit all his subjects, that non of them should offer or presum to harbour, resett, supply, correspond with, or conceall the persons therein mentioned, or any other who concur or joined in the said last Rebellione, or upon account therof appeared in arms, in any part of this his Majesties kingdom: but to pursew them as the worst of traitors, and present such of them as they shall have in their power, to the Lords of privy council, Shrieff of the Shyr, or magistrates of the next adjacent borough royal, to be by them forth coming by Law, certifieing all such as should be found to fail in their duty therein, they should be esteemed and punished as favourers of the said Rebellione, and as persons accessary and guilty of the samen. Nevertheless, divers of the forsaids persons, did not only disloyally fail in their duty, and did not rise and join with his Majesties lieutenant general, and Officers under him, for repressing and subduing the saids Rebells, but most perfidiously and treasonably, did their uttermost endeavoures, to advance, strengthen and promote the said Rebellione and in ordere thereto in the months of Ja: vj. and sixti six, and several dayes thereof, or one or other of the saids months or dayes, they met and convened at the Bankend, Caldwell, Knockenmade, Chitter-fleet, the Mernes, and divers other places, within the western shires, and Shrieffdomes of 〈◇〉 and did conclude and resolve to join with the said Rebellious party, and being armed with swords, pistols and otherways; they joined themselves in troops and Companies, and did elect and choice Captaines, Livetenants and other Officers, and did accept the saids charges and employments, and did accordingly rid and march from place to place, and did writ letters to friends and neighbours to join with them, and did intercept letters, that thereby they might have notice and intelligence, where his Majesties armies and forces was, and of their forces, motions and designs, and to the same purpose did go and sand out others for intelligence, and divers other acts of treason and hostility, and in the moneths foresaids, as also after the defate of the said Rebellious, party, in the inshewing months, betwixt the said defate and the date of the said proclamatione, and one or other of the saids months, and several dayes therof, the forsaids persons within the saids western shires and Shrieffdomes of 〈◇〉 within their own bounds, and their own tenants houses, and other places, did harbour, concealle, reset, supply, correspond and intercomoune with the persons, particularly above-named, contained in the said proclamatione, the said fourth of December Ja: vj. and sixty six Years, and others who concurred and joined in the said late Rebellione, and who upone that account appeared in arms. In doing of which, and one or other of the saids deeds, the forsaids persons, and ilk one of them, hes committed and incurred the pains and crimes of treason, and are guilty of being authors, actors, accessory, airt and pairt therof, which being found be one assize, they ought to be punished in their persons and goods, to the terror and example of others; As they, who upon the tuentinynth of May, tuenti sixth tuenti seventh and tuenty eight dayes of June, first, second and thrid days of July, respective, last by past, were Lawfully charged by John Tellfier herald, Alexander Murray, and James Alisone pursuivants, to have found cautione, acted in the books of adjurnall for that effect, lawful time of day, being bidden, and the forenamed persons not enterand nor compierand, to the effect aboue-written.  
My Lord Justice general, Justice Clerk and their Assissers there for, by the mouth of John Short Officer of court, as dempster thereto, decerned and adjudged the hail forenamed persons, and ilk one of them, to be denounced our sovereign Lords Rebells, and put to his highnes horn, and all their lands, heretages, and other goods and gier what somever, to be forfaulted and escheat to his Majesties use, as outlaws and fugitives frae his highnes laws, for the treasonable crimes above written, which was pronounced for doom.  
My Lord Advocate desired the Justice general, Justice clerk and their assissors, to proceed further to the trial of the relevancy of the endytment, and the samen being found relevant; to put the samen to the knowledge of one assisse, and receive witness therintill notwithstanding of the parties absence, and the forsaids persons being found guilty be one assize, to proceed to sentence, and doom of forfaulture against them, and produced one query to the Lords of Council and sessione anent the case foresaid, with their advice and answer given thereto, whereof the tenor follows: Whither or not a person guilty of high treason, may be pursued against, before the justices, albeit they be absent and contumacious, so that the Justice upon citatione, and sufficient probatione and evidence, may pronounce sentence and doom of forfaultur, if the dittay be proven. The reason of the Scrupill is, that process of forfaulture are not so frequent, and that in other ordinary crimes, the defendars; if they do not appear, are declared fugitives, and that the following reasones, appear to be strong and relevant for the affirmative; primo by the common Law, albeit a party absent cannot be condemned for a crime, yet in treason, which is crimen exceptum, this is a speciality, that absents may be proceeded against and sentenced. Secundo by the first act of King James the fift his sixth Parliament, it is declared, that the King hes good cause, and actione to pursue all somounds of treason, committed against his person and Common-wealth comform to the Common Law, and good equity and reason, notwithstanding there be no special Law, act or provisione made thereupon: And therefore seeing be the common Law, persons guilty of laese majesty, may be proceeded against and sentenced, though they be absent; it appears that there is the same reason, that the justices should proceed against, and sentence persons guilty of treason, though absent, and that he is sufficiently warranted by the said act of Parliament Swa to do. Tertio, it is inconsistent with Law, reason and equity, that a person guilty of treason, should be in a better case, and his majesty in worse, by the contumacy of an traitor, the samen being an additione, if any can be to so high a crime, and that he should have impunity, and his majesty prejudged of the casuality, and benefit arising to him by his forfaulture. Quarto, The Parliament is in use to proceed and pronounce forfaultur, though the party be absent, and in so doing, they do not proceed in and by a legislative way, but as the supreme judges, and the Parliament being the fountain of justice, what is just before them, is just and Warrantable, before other judicatories in the like cases. Quinto be the aboue-mentioned act of Parliament, it is statute, that somounds and process of treason may be intented and pursued, after the decease of the delinquent, against his memory and estate, for dilating the one and forfaulting the other, whereupon sentence may follow to the effect foresaid; and therefore, seeing sentence may follow where the delinquent cannot be present, and is not in being, It were against all reason, that when they are wilfully and contumaciously absent, they should not be proceeded against, and sentenced if they be guilty: And it were most unjust, that his majesty should be necessitat to call a Parliament, for punishing and forfaulting of persons being absent, or that he should wait until they die, specially seeing in the interim the probatione may perish, be the death of the wittness.  
follows the Lords of session there opinion. edinburgh.  
February tuentie sixth Ja: vj. and sixty seven.  
The Lords of council and sessione, having considered the query underwritten, presented to them by the Lord Bellenden his Majesties the saurer deput: It is their opinion, that upon the justices citatione, and sufficient probatione taken before the judges and assize, they may proceed and pronounce sentence there-intill, and forfaultur against the persons guilty of high treason, though they be absent and contumacious.  
Sic Subscribitur. Jo: GILLMUIRE J. p. D.  
My Lord Advocate produced an warrant and order direct to him be his Majesties Commissioner whereof the tenor folloues.  
These are hereby authorizing his Majesties Advocate, to pursue the persons aftermentioned criminaly before the Justice court, forfaulting of their Lives and fortunes, as being in the Late Rebellione in the West, and having accessione thereto. Viz. colonel James Wallace, mayor Joseph Lermonth, William Maxwell of Monrieff younger, John Mc. Cleland of Barscobe, John Gordone of Knockbreck, Robert Mc. Cleland of Balmagiehane, James Cannone of Burnshalloch younger, Robert Cannone of Montdrogate younger, John Welsh of star,.... Welsh of Corneley,.... Gordone of Garrary in Kells, Robert Chalmers Brother to Gathgirth, Hendrie Grier in Killmc-Cleland, David Scot in Irongray, John Gordone in Midtoune of Dalry, William Gordone there John Mc. Knaight there, Robert and Gilbert Cannons there, Andrew Dempster of Carrodow, James Griersone of Dargoner, James Kirk of Sundywell,.... Ramsay in the Maines of Arnestoune, Johne Hutchesoune in Neubotle,.... rue Chapland to Scotstorbett, Patrick Listoune in Calder, Patrick Listoune his Sone, James Willkie in the maines of Clifftenhall, William Mure of Caldwell, the Goodman of Caldwell, Mr. John Cuninghame of Bedland, William Porterfield of Quareltoune, Alexander Porterfield his Brother, William Lockhart of Wicketshaw, David Poe in Pokellie, Mr. gabriel Semple, Mr. John Semple, Mr. John Guthry, Mr. John Welsh, Mr. samuel Arnot, Mr. james Smith, Mr. Alexander Pedin, Mr..... Orr, Mr. William Veatch, Mr..... Patoune, Mr. John Crukshanke, Mr. gabriel Maxwell, Mr. John Carstaires, Mr. james mitchel, and m. William Forsyth, where-anent these presents shall be your warrant datted at Halyrudhouse, the.... day of.... Ia: vj. and sixty seven Years.  
Sic Subscribitur. ROTHES.  
The Justices finds, that conform to my Lord advocates desire, the forenamed persons may be both declared fugitives, for their contumacy and not appearing, and also insisted against for their forfaulltur. The criminal Letters being red, My Lord Advocat produced particular dittays against certaines persons. The Justices finds the dittays relevant, and ordains the same to be put to the knowledge of an assize.  
My Lord Advocat declared he insisted primo loco against the persons following viz. colonel james Wallace, mayor joseph Lermonth, John Mc. Cleland of Barscobe, Mr. John Welsh, Mr. james Smith, Patrick Listoune in Calder, William Listoune his Sone, William Porterfield of Quarreltoune. The Justices continues the trial of james Cannone of Barley, and james Griersone of Dargoner until the first tuesday of November, being the fift day thereof, as also continued the trial of the forenamed persons, to the fifteen day of November next to cum, except these already guilty this day, and to be tried to morrow.  
ASSISA. 

james Sumerwell of Drum.  
William Rig of Carberry.  
Sr. Robert Dalyell of.  
Wallter Kenn●uay Secretary to the general.  
John Ruthven Tutor of Cardine.  
William Melvill of Dysert.  
colonel james Hay.  
Sr. John Fallcouner Knight.  
james Lockhart of Cleghorne.  
james Hepburne of Bairfoot.  
james Weymes of Pitcany.  
George Elphinstoune of Selmes.  
mayor George Grant.  
james Iohnstoune of Sheens.  
Sr. William Ballandine Knight.    
The assize sworn no objectione in the contrary.  
Sr. James Turner, aged fifty years or thereby, sworn depones, that he saw colonel Wallace, Lermonth, Barscob, Smith and Welsh at Drumfries, air, Lanerk, Collingtoune, Pentland, or at some of the said places ●epones that Wallace and Barscob acted as Commanders at the Rebellious party; depones that they had all pistols and swords, both the three Commanders and Smith and Welsh Ministers: That they were all at Pentland in arms in the Rebells army.  
Sic Subscribitur. JA: TURNER.  
David Scot in bridgend of Cornewells, aged forty years or thereby, married, sworn, depones that he saw the foresaids persons at air, Lanerk and other places with the Rebells, that Wallace and Lermonth Commanded in chief, That he saw Barscob there, and that the thrid in the army, depones that he went with the rebells, and that all the foresaids Commanders and Ministers were in arms, with horses, swords and some of them with pistols.  
Sic Subscribitur. DAVID SCOT.  
Daniel mitchel in Cumnock, aged forty years or thereby, married, sworn, depones that he saw Wallace, Lermonth, Barscob, Welsh and Smith with the Rebells, all allongst until the conflick at Pentland, depones that he knows that Wallace, Lermonth and Barscob had Command in that army, That they all had horses and arms, That he saw them march towards the day of the fight.  
William Laurie of Blackwood, aged 〈◇〉 years or thereby, married, depones that he saw Wallace and Lermonth with the Rebells at Bathgate, That Wallace sent a letter with the deponer to the general of the Kings forces, That Wallace commanded the Rebellious party, That at Collingtone he asked who was Mr. John Welsh at an person, and he was shown to him be that person. That he knew not Wallace of before, but he himself and that party called him so, and that they said he commanded, That Wallace sent a letter, signet with his hand in maner foresaid.  
Sic subscribitur. WILL. LAURIE.  
Patrick Bisset baylie of Lanerck, aged 〈◇〉 years or thereby, sworn, depones. That James Wallace, Joseph Lermonth, were with the Rebells, and in the deponents house, but knows non of the rest. That Wallace and Lermonth commanded in chief, and they had swords, pistols and horses.  
Sic subscribitur. PAT: BISSET.  
David Phinny in 〈◇〉, aged threttie years, married, sworn, depones that he saw Patrick Listoune Elder, and William Listoune his Sone with the Rebells in arms, at the deponents own house, in the parish of Ratho, the day before the conflick at Pentland, depones he saw them march away with the Rebells, That Patrick Listoune did draw sheaves out of the deponents yard, That Patrick Listoune had a sword, two pistols and an durke.  
Hugh Phinny in Plate, aged threttie six Years or thereby married, sworn, depones that Patrick Listoune was with the Rebells at the Plate, in the Parochine of Ratho, That the deponer saw Patrick Listoune in arms; With an sword and durke. That he cam there with the Rebells, and went a way with them, and that he knew the said Patrick Listoune elder to be an of the Rebells number, That he went a way with them the day before the fight.  
Archibald Hodge in Ortoune in Ratho Parish, aged threttie six Years, sworn, depones that Patrick Listoune and his Sone William were riding with the Rebells, That he saw them at the east end of Ratho Kirk, that day they came to Collingtoune, That the said Patrick had an sword and two pistols, That William had an sword, That both of them went with the Rebells.  
William Gillespie at Newbridg in Kirklistoune Parish, aged fifty Years, married, sworn, depones that he saw Patrick Listoune Elder, and William Listoune his Sone in company with the Rebells, with Swords and pistols.  
James Cochrane in Knockenmade, aged fifty Years or thereby, married, sworn, depones, That upon the Saturday before the defeat of the Rebells, Bedland, Mr. gabriel Maxwell, Kersland, and an other minister, came to the deponers house about midnight, and stayed a long time, depones that immediately thereafter he heard Caldwell give order to his tenants, to meet at Chittirfleet with their arms and best horse, this was at the deponers house. That the Sunday in the morning, depones, that these persons, and besides them, Quarelltoune, Blackstoune and Quarelltouns Brother, the Goodman of Caldwell younger, Mr. Johne Carstaires and others did meet on that Sunday at the Chitterfleet. That the deponer, being one of Caldwells tenants was there, depones that while they were at Quarelltoune, he heard that the earl of Eglintounes man was taken, and his letters taken from him, but saw him not. Depones that they did march from Chitterfleet to Langtoune, in the night and from Langtoune to Kilbryde, William Porterfield being one of them, that they were thirtienyne, horsemen in Number, armed with swords, and some had pistols, depones they marched from Kilbryde to the house of the muire in troop and order Caldwell and Mr. gabriel Maxwell one their head and Blackstoune one the rear, depones he heard Mr. gabriel Maxwell say to Blackstoune, go to your place in the rear, and Blackstoune did so. Depones that seing some country people, imagined them to be the Generalls army, and that Caldwell and the other gentlemen did retire, and put themselves in order, but it was found to be country people dryving their horse. That when the gentlemen first saw them, they imagineing them to be of the Generalls army, that they retired to an moss. Depones that he heard Caldwell and that party speaking amongst themselves, that they would go to the Southland army, and that he heard Caldwall and Mr. gabriel Maxwell say this, that if Porterfield of Quarelltoune were at them; That they would keep a private counsel. Depones that the country people on the monday at night, fearing that they would join with the Rebells, desired to go home, and that Mr. gabriel Maxwell threatened them, and said if they would go they might meet with a myresnype.  
John Stevensone in Ramshead, aged fifty Years or thereby, sworn, depones that Caldwells Officer warned him and the rest of the tenants, to meet their Master at Chitterfleet, and that C●ldwell gave him a sword, depones that he saw William Porterfield of Quarelltoune, and the rest of the gentlemen at Chittirfleet. Depones that the earl of Eglintouns man was taken before he came, that he saw the Footman there, that he heard his letters were broken up, and that they keeped him prisoner till night. Depones to the number& names of the other persons, to their journey and traveling comformis pracedenti, that Blackstoune was with them. Depones they formed themselves in troops, that Mr. gabriel Maxwell desired them to ride in order, and there the deponer heard Mr. gabriel Maxwell desire Blackstoune to go to his place in the rear, and accordingly he did go; That the Gentlemen seing the country people, imagineing them to be the Generalls men, feared and retired out of the way. Depones that the Gentlemen  told that they were to go by Douglas& that way; The deponer& the rest hearing that, suspected,& would not go with them; That Mr. gabriel threatened them and said they might meet with a miresnype if they would go away. That William Porterfield of Quarrelltoune was all allongst with them.  
John Nilsone in Ramshead, aged thirty six Years or thereby, married, sworn; Depones that he knows nothing of their riding in order, nor Blackstouns riding in the rear, that he saw non of the country people, that Caldwell and the rest of the Gentlemen never  told them whether they were to go to the Southland party; as to their being at Chitterfleet, the rest of their journey and number, depones comformis praecedenti, and to the threatening of Mr. gabriel Maxwell, and depones that Quarrelltoune went all allongst with them.  
John Andersone in Cadlwell aged twenty four Years or thereby, not married, sworn, Depones that the Lairds Officer warned them to go allongst with him, and that he did go; knows nothing of the earl of Eglintouns servant; as to their Journey, number and marching, depones comformis praecedenti. Depones that once they were in order of a troop, that Mr. gabriel Maxwell road on the head, and Blackstoune on the rear; That he saw William Porterfield of Quarreltoune go allongst; Depones as to the country people conform to James Cochrane; Depones that on the monday the deponer suspected they were to go to the Southland army, that he heard some such surmise of that kind; Depones that he heard that Eglintouns man was taken, and his letters broken up, that assoon as the deponer heard that they were going to the Southland party, he thought it was a wrong way, and would not go with them; that Caldwell his Master desired him to stay.  
John Caldwell in Lochend, aged thirty Years or thereby, married, sworn, depones that the Laird's Officer warned him to meet him at Chitterfleet; Depones that Bedland, the Goodman of Caldwell, Mr. gabriel Maxwell, Mr. John Carstairs& divers others; That they were betwixt thirty and forty in number; knows nothing of the earl of Eglintouns servant, but heard of it; as to their marching, depones comformis praecedenti, and that sometimes Caldwell and Mr. gabriel Maxwell did put them in order; That he saw Blackstoune go to the rear and ride; That he saw the country people, and the Gentlemen were feared, conform to the foresaid depositions. Depones he heard among the Gentlemen, that they were to go to the Southland party, where of he and the rest of the commons hearing, they would not go any further; That Caldwell commanded his tenants to stay, but they would not; That Mr. gabriel Maxwell threatened in maner foresaid.  
William Caldwell in Whitehouse, aged.... Yeares or thereby, not married, sworn; Depones that he was warned by the Officer conform as is before deponed. Depones he saw at Chitterfleet the Laird of Caldwell, the Goodman of Caldwell, Kersland, Blackstoune, Quarreltoune and several others; Depones he saw the earl of Eglintons servant there; and heard his letters were broken up, and he keeped prisoner; as to their marching de pones comformis praecedenti; that once they were ranked in a troop, and that Blackstoun road in the rear; he did hear the Gentlemen speaking about their going to the Southland army and that the Kings Live-Guard was betwixt the Gentlemen and them.  
Robert Ker in Kersland, aged sixty years or thereby, married, sworn, depones that the Laird of Kersland his Master desired him to go to the fields with him, and that he, suspecting it to be to the Rebells, answered, it was better to stay at home and keep the cow and the Kailstock, and better to suffer then fight against the King.  
John Stewart in Swinrigmure aged thirty six years or thereby, depones he was at Chitterfleet, that Caldwell, the Goodman of Caldwell Younger, Blackstoune, and Quarrelltoun and his Brother, Kersland, Bedland Cuninghame, Mr. gabriel Maxwell, Mr. John Carstairs and others were there. That he was there when the earl of Eglintons servant was taken, brought in, and the letters broken up, and that he was keeped till night as a prisoner; as to their marching and number, riding in order, comformis. That Mr. gabriel Maxwell said to Blackstoun, go to the rear, and he went; That as to the sight of the country people, the Gentlemen went away. The Gentlemen said they intended to see the Southland party; depones that Kersland  told him he was to join with the Southland party, and the deponer said he thought it not good, his Master said, the deponer might go where they went; that when they were at Kilbryd, it was  told them that the Kings army was betwixt them and the Southland party, and there-upon the gentlemen retired to the house of the mure.  
Sic subscribitur. JOHN STEWART.  
Robert Craig in the Parish of Beeth, aged forty Years or thereby, married, sworn, depones he was at Chitterfleet; depons he was the person that took the earl of Eglintons servant, and that John Stevensone was with him; that after the boy was taken, Blackstouns servant came and brought the boy and the deponer to the Gentlemen, that his Masters letters were broken open, and he keeped prisoner; that the deponent went to Langtoun with the Gentlemen; That Caldwell, Kersland, Blackstoune and Mr. gabriel Maxwell commanded the deponer to take the earl of Eglintouns servant; depones he heard at Knockmade, that the Gentlemen were to join with the Southland party.  
Patrick Houstoune, servant to the earl of Eglintoune, aged twenty Years or thereby, not married, sworn, depones that he was taken near Chitterfleet, and his Letters broken open, that he saw Caldwell, Blackstoun and Bedland, that Bedland was Melting lead, that he got the letters broken open.  
The assize, be plurality of voices, elects James Somerveil of Drum in Chancellor.  
The assize, all in one voice, by the mouth and judicious declaratione of the said James Somerveill Elder of Drum their Chancellor, finds, the said colonel James Wallace, Joseph Lermont, Mr. James Smith and Mr. John welsh, guilty, and culpable of treasonable crimes, contained in their dittays; Viz. The said colonel James Wallace and Joseph Lermont, to have been in and had accessione to the late rebellione, and had charge and command in the rebellious army, and commanding in chief therein, and of being with the saids rebells at Lanerk, Collintoune, at the conflict at Pentland and other places in the rebellione. And the said Mr. James Smith and Mr. John welsh to be guilty of joining with the said rebells, and going allongst and marching with their horse and arms from place to place, and being at Lanerk, Collintoune and Pentland with the rebells. And also the said John Mc. Cleland of Barscobe to be guilty, of the crime of rebellione, specified in his dittay, and having command in the rebells army, and going allongst with them in arms. And also they all in one voice, finds the said Patrick Listoun Elder and William Listoun Younger guilty of rebellione, and joining with the rebells, and being in arms with them, and going allongst with them. And sicklyk the said assize, all in one voice, found the said William Porterfield of Quarreltone, guilty, and culpable of the treasonable crimes specified in his dittay, in joining and being in arms with Caldwell and others in the said rebellione, and meeting, convening and keeping commits together to that effect, and of being present at the taking of Patrick Houstoune servitor to the earl of Eglintoune, breaking open of his letters, and when he was keeped prisoner, and marching and drawing up, and going allongst in arms with them, in order to their joining with the rebellious party in the west, and of other circumstances specified in his endytment. In respect they found the samen sufficiently proven.  
Sic subscribitur. JA: SOMERVEILL. The 15. of August.  
My Lord Justice general, my Lord Justice clerk and their assissars, by the mouth of Henry Montieth Dempster of Court, Decernes and Adjudges the said James Wallace of Auchanes. John Mc. Cleland younger of Barscobe, Mr. John Welsh, and Mr. James Smith, Ministers, Patrick Listoune Elder in Calder, William Listoune his Sone and William Porterfield of Quarreltoune to be execute to death, and demained as Traitors when they shall be apprehended, at such times and places, and in such maner as. My Lord Justice general, Justice clerk, or Justice deputs shall appoint; As also decerns and adjudges the forenamed persons, and ilk one of them, of the treasonable crimes aboue-written, to have forfaulted, amitted and tint, all and sundry their Lands, tenements, anuelrents, offices, tacks, dignities, Steidings rooms, possessiones, goods and giere whatsomever, pertaineing to them or either of them, to his Majesties use, which was given for doom. Upon all and sundry the premises: Sr. John Nisbet of Dirletoune Knight, his Majesties Advocate, asked and took instruments.   

Curia Justiciaria S. D. N. Regis, tenta in praetorio Burgi de Edenbrugh; decimo sexto die mensis Augusti, 1667. Per nobilem& potentem comitem unwelcome comitem de Athole. Justiciarium Generalem dicti S. D. N. Regis;& Dominum unwelcome Home de Rentone militem Justitiariae Ciericum. Curia Legitime Affirmata.  
Assessors to the Justices. 

Alexander earl of Linlithgow,  
William earl of Drumfries.    
MY Lord Advocate declares that he insists now against the persons following. Viz. William Mure of Caldwell, John Caldwell of Caldwell Younger, Robert Ker of Kersland Younger, Mr. John Cunninghame of Bedland, Alexander Porterfield Brother to Quarrelltoun,.... Maxwell Younger of Mourrieff, Robert Mr. Cleland of Balmagiechane, Robert Cannon of Montdragate Younger, Robert Chalmers Brother to Gathgirth, Mr. gabriel Semple, Mr. John Guthry, Mr. Alexander Pedine, Mr. William Veatch, Mr. John Cruikshanks, patrick Mc. Knaight in Cumnock. Endyted and accused at the instance of my Lord Advocate, for the crimes contained in their endytments. Viz of treason mentioned therein. The Justices finds the dittay relevant, and ordains the samine to be put to the knowledge of one assize.  
ASSISA. 

William Rig of Carberry,  
Sr. Robert Dallziell,  
Walter Kennoway Secretary to the general,  
John Ruthveen tutor of Cardine,  
William Melvill of Dysert,  
colonel James Hay,  
Sr. John Falcouner,  
James Lockhart of Cleghorne,  
James Hepburne of Barefoot,  
James Weyms of Pitcanny,  
George Elphistone of Selmes,  
mayor George Grant,  
James Johnstone of Sheens,  
Sr. William Ballandine,  
James Somerveil Elder of Drum.    
The assize sworn, no objectione in the contrary.  
John Reid in Dandilly, aged thirty Years or thereby, married, sworn, depones that Maxwell of Murrieff, Balmagiechane, Montdrogate, Chalmers Brother to Gathgirth, Mr. gabriel Semple, Mr. John Guthry, Mr. Alexander Pedin, Mr. William Veatch, Mr. John Cruikshanks and Patrick Mr. Knaight in Cumnock, were with the Rebells at Mawchline in arms with swords and horse and some of them had pistols, And that they were at Pentland, except Pedin. That the reason of the deponer his knowledge is, that Montdrogate and Mr. Alexander Pedine took him prisoner, and carried him allongst to Pentland.  
Sic Subscribitur. JOHN REID.  
William Mure tenant to Sr. Thomas Wallace, aged thirty Years or thereby, not married, sworn, depones that he saw the said Maxwell of Murrieff, and others, with the Rebells in arms, except Mr. John Cruikshanks and patrick Mc Knaight whom he did not see, but heard they were there; That he saw them at Bathgate, Lanerk and Collintoune, but he was not at Pentland and sua knows nothing of that.  
Sic subscribitur. WILLIAM MURE.  
John Mirrie in Smithstoun, aged thirty Years or thereby, married, sworn, depones that he saw the whole persons contained in John Reids deposition, with the Rebells in arms, saw them marching alongst with that army at several places.  
Sic subscribitur. JOHN MIRRIE.  
daniel mitchel in Craigaddam, forty Years or thereby, sworn, depones that he saw Murrieff, Montdrogate, Chalmers, Cruikshanks and Mc. Knaight with the Rebells at Lanerk, Collingtoune and other places in arms, with swords, horse and pistols, and saw them marching allongst toward Pentland.  
James Cochrane in Knokmade, sworn, depones, adheres to his former depositione given yesterday, in omnibus, and declares expressly, that the Laird of Caldwell, Goodman of Caldwell Younger, the Laird of Kersland Younger, the Laird of Bedland and Alexander Porterfield Brother to Quarrelltone, were at the meeting at Chitterfleet; and all allongst as is contained in the foresaid depositione.  
John Stevensone in Ramshead, sworn, depones, adhaeres to his former depositione taken yesterday, and the whole persons above-written were all at Chitterfleet, and all allongst as is contained in his former depositione.  
John Wilsone in Ramshead, sworn, depones, adheres to his former depositione, and father depones that the Laird of Caldwall, the Goodman of Caldwell Younger, the Laird of Kersland, and Bedland, were at Chitterfleet, and other places, but as to Alexander Porterfield, depones he knew him not.  
John Andersone. sworn, depones, adheres to his former depositione, and father depones, that the Laird of Caldwell, the Goodman of Caldwell Younger, Kersland Younger, Bedland, and Alexander Porterfield were at Chitterfleet, and all allongst with that party.  
John Caldwell, sworn, depones, adheres to his former depositione, and father depones that the Laird of Caldwell, the Goodman of Caldwell Younger, Kersland and Bedland, were at Chitterfleet, and other places, and that he heard, that Alexander Porterfield called be his name, and that he knew him to be so.  
William Caldwell sworn, depones, adheres to his former depositione, and father depones that the Laird of Caldwell, the Goodman of Caldwell Younger, Kersland, Bedland and Alexander Porterfield, were at Chitterfleet and other places( contained in the saids depositione) in arms.  
Robert Ker in Kersland sworn, depones, adheres to his former depositione taken yesterday.  
John Stewart sworn, depones, adheres to his former depositione, and father declares that the Laird of Caldwell, the Goodman of Caldwell Younger, Kersland Younger, Bedland and Alexander Porterfield were at Chitterfleet, and other places( mentioned in his depositione) in arms, depones he heard them say they minded to go to the Southland party.  
Robert Craig sworn, depones, adheres to his former depositione and father depones that he saw the Laird of Caldwell, Kersland Younger, at Chitterfleet, and other places; and the rest he knew them not but heard they were there.  
Patrick Houstoun sworn, depones, adheres to his former depositione in omnibus.  
The assize be plurality of votes elects james Somerveill Elder of Drum in Chancellor.  
The assize all in one voice, finds the said 〈◇〉 Maxwell of Mourieff, Robert Mc. Cleland of Ballmageichen, Robert Canon of Mondrogaete Younger, Robert Chalmers Brother to Gathgirth, Mr. gabriel Semple, Mr. John Guthry, Mr. Alexander Pedine, Mr. William Veatch, Mr. John Cruikshanks and Patrick Mc. Knaight, guilty and culpable of treasonable crimes, specified in their dittay; of being in, and upon the said Rebellione, and joining with the said Rebells, and going allongst with them, and marching with them with their horse and arms, from place to place with the said Rebells; As also the said assize all unanimously in one vote, finds the said William Mure of Caldwell, John Caldwell Younger, Robert Ker of Kersland, Mr. John Cuninghame of Bedland and Alexander Porterfield Brother to the Laird of Quarrelltoun guilty and culpable of treasonable crimes specified in their endytments, in joining and being in arms together in the said rebellione, and meeting and keeping company together for that effect; and of being present at the taking of Patrick Houstoun servant to the earl of Eglintone, breaking up of his letters, and when he was keeped prisoner; in marching, drawing up and going allongst with arms in order, of joining together with the rebellious party in the west, and of other circumstances specified in their endytments.  
In respect they find the samine sufficiently proven.  
Sic Subscribitur. JA: SOMERVILLE.  
My Lord Justice general, Justice Clerk and their assessors therefore, by the mouth of Henry Monteith Dempster of court, decerns and adjudges the said William Mure of Caldwell, John Caldwell of Caldwell Younger, Robert Ker of Kersland Younger, Mr. John Cuninghame of Bedland, Alexander Porterfield Brother to the Laird of Quarrelltoun.... Maxwell of Mourrieff, Robert Mc. Cleland of Balmagechane, Robert Cannon of Mondrogate, Robert Chalmers Brother to the Laird of Gathgirth, Mr. gabriel Semple, Mr. John Guthry, Mr. Alexander Pedin, Mr. William Veatch, Mr. John Cruikshanks and patrick Mc. Knaight, to be executed to death, and demeaned as traitors, when they shall be apprehended, at such times and places, and in such manner, as My Lord Justice general, Justice clerk, or Justice deput shall appoint; and also decernes and Adjudges the forenamed persons, and ilk an, of them for the crimes aboue-written, to have forfaulted, amitted and tint, all and sundry their lands, tenements, annwelrents, offices, tittles, tacks, dignities, steedings, rooms, possessiones, goods and gear whatsomever, pertaining to them or either of them, to his Majesties use; which was pronounced for doom. Whereupon Sr. John Nisbet of Dirletoun knight, his Majesties Advocate, asked and took instruments.   

Follows, that forfaultur, of Mr. gabriel Maxwell, now four Year after the former forfaulturs,( and being then probably procured) also upone the said account of the testimony at Pentland, wednsday November, 28. 1666. Curia Justiciaria, S. D. N. Regis, tenta in praetorio burgi de Edenbrugh, vigesimo secundo die mensis, Decembris 1671; Per Dominos, Jacobum fowls de Collintoune, Robertum Nairne de Strathurd, Joannem Lockhart de castle Hill, Joannem Baird de Newbeith& Thomam Wallace de Craigy, commissionarios Justiciariae dictos S. D. N. Regis. Curia Legittime Affirmata.  
THe whilk day, anent our sovereign Lords criminal letters, raised at the instance of Sr. John Nisbete of Dirltoun Knight, his Majesties Advocate, for his highness interest, against Mr. gabriel Maxwell, sometimes minister of Dundonald; That where be the common Law, and the Law of Nations, &c.( and so to deduce the foresaid indytment, against the other west country men, to the words:[ they were vanquished, routed and destroyed] and then say.) Lykeas notwithstanding, of the laws, acts of Parliament and proclamatione foresaid, and that there after a proclamation was issued, upon the fourth day of December, whereby his majesty with advice of his privy council, did again inhibit and discharge, all his good subjects; That none of them should offer, or presume to harbour, resett, supply, correspond with, or conceall those persons therein mentioned, or any others who concurred or joined, in the said late rebellione, or upon account thereof appeared in arms, in any parte of this kingdom, but to pursue them, as the worst of traitors, and present such of them, as they have in their power, to the Lords of privy council, the Sheriff of the Shire, or the Magistrates of the next adjacent broughs royal; to be by them made forthcomeing to the Law. Certifying all such, who should be found to fail in their duty therein, they should be esteemed and pursueed, as favourers of the said rebellione, and as persons, accessary and guilty of the samyne. Nevertheless; the said persons above-compleaned upon, at least divers of them: Viz. The said Mr. gabriel Maxwell, and divers of his associates, did not only fail in their duty, in ryseing and joining with his Majesties Lievtenent general and Officers under him, for repressing and subdueing; the saids rebells, but most perfidiously and treasonably, did rise, and join in arms, without his Majesties authority, and did to the outmost of their endeavours, advance, strengthen and promote, the said rebellione; And in order thereto, in the months of August, September, October, November and December, 1666. Years and several dayes thereof, and in one or other of the saids months and dayes thereof, met and conveend, at the Parkhead of Caldwell, Knockmade, Chitterfleet and divers other places, within the western Shires, and Shiriffdomes of 〈◇〉 And did conclude, and resolve to join, with the saids Rebellious party. And being armed, with Swords, pistols, and other weapons, they joined themselves, in troops and companies, and did elect and choose, Captaines, Lievtenents and other Officers, and did accept of the saids charges, and employments, and accordingly did ride, from place to place, and did writ letters to friends and neighbours, to join with them, and did intercept letters, that thereby they might have notice, and intelligence where his Majesties forces and armies were, And of their forces motions, and designs, and to the same purpose, did go and sand out letters for intelligence, and committed divers other acts of hostility and treason, and in the months foresaids, as also after the defeat of the saids rebellious party, in the ensuing months between the said defeat, of the said rebellious party, and the date of the said proclamation, and one or other of the saids moneths, and several days thereof, the said Mr. gabriel Maxwell and other persons foresaids, within the western Shires and Shirifdomes of, 〈◇〉 〈◇〉 within their own bounds, and within their own tenants houses and other places, did harbour, conceall, resett, supply, correspond and intercomune with the persons foresaids: Contained in the said proclamatione; the fourth of December, 1666. Years; And others who concurred and joined in the said rebellione, and who on that account appeared in arms. In doing; of one or other of the said deeds, the saids Mr. gabriel Maxwell and other persons foresaids, hes committed and incurred, the crimes and pain of treason; And are guilty of being actors, airte and pairt thereof, which being found be one assize, they ought to be punished, in their persons and goods, to the terror and example of others, to commit the like hereafter; as at length is contained, in the said indytment.  
Compeired, Sr. John Nisbate of Dirletoun Knight his Majesties Advocate, as pursuer and produced, the said criminal letters, of treason duly execute and endorsed; and the said Mr. gabriel Maxwell being often times called, to have compeared and underlyen the Law, for the treasonable crimes specified in the foresaid libel, and not compeirand his Majesties Advocate therefore desired, the Lords commissioners of justiciary, to proceed to a legal process of forfaulture against the said Mr. gabriel, conform to the act of Parliament: and declared he insisted against him, for the treasonable crimes, specified in his dittay, and in special those of the Last part thereof, in ryseing and joining, with Caldwell in arms and rebellione, in order to the joining with the rebells, carrying arms and other circumstances, specified in that parte of the indytment.  
The Lords commissioners of justiciary, finds the indytment relevant, and ordains the famine to pass, to the knowledge of one assize.  
ASSISA. 

Thomas Calderwood late baylie of Edinb:  
Walter Birne Merchand,  
James Stewarte Drogist,  
William Stewarte Drogist,  
John adam Merchand,  
Williame Hume Elder,  
John Dumbare Glover,  
Gideone shaw Stationer,  
Alexander read Goldsmith,  
George Blaire Merchant,  
James Glen Stationer,  
John Rutherfoorde Vintner,  
Patrick Steell Vintner,  
George read late Baylie.  
John Craige Wright.    
The assize lawfully sworn no objectione in the contrary.  
His Majesties Advocate, for probatione, adduces the witneses underwritten: Viz. james Cochrane in Knockmade, aged 56. Yeares or thereby, married, sworn, depones: he adheres to his former depositione, taken before the justices, upon the 15th. of Agust 1667 Years; which is ordained to be recorded here, whereof the tenor folloues. That on the Sunday before the defeat of the rebells, Bedland, Kersland, Mr. gabriel Maxwell and one other minister, came to the deponers house about midnight, and stayed a long time. Depones, that immediately there after h● heard Caldwell give order to his tenants, to meet at Chitterfleet with their arms, and best horses; this was at the deponers house: and the same day in the morning, depones, that these persons, and besides them: Quarrelltoun, Blackstoune and Quarrelltounes Brother, the Goodman of Caldwell Younger, Mr. John Carstaires and others, did meet upon that Sunday at Chitterfleet: that the deponer being one of Caldwells tenants was there, depones, that while they were at Quarrelltoune, he heard the earl of Eglintouns man was taken, and his letters taken from him; but saw him not, depones that they did march from Chitterfleet to Langtoune in the night, and from Langtoune, to Kilbryde; Williame Porterfield being on of them; Th●t they were 39. horsemen in number, armed with sword, and some of them had pistols; depones that they mar●hed from Kilbryde to the house in the mure in a troope in order, Caldwell and Mr. gabriel Maxwell on their head, and Blackstoun in the rear, depones that he heard Mr. gabriel Maxwell say to Blackstoune go to your place in the rear and Blackstoun did go, depones that they seing some country people, imagined them to be the Generalls army, and that Caldwell and the other Gentlemen, did retire and put themselves in order: but it was found to be country people driveing their horses; That after the Gentlemen first saw them, they imagined them to be the Generalls army, that they retired to a moss, depones he heard Caldwell and the party, speaking amongst themselves that they would go to the Southland army: and that h● heard Caldwell and Mr. gabriel Maxwell say this; that if Porterfield of Quarrelltoun was with them, that they would keep a private council. Depones that the country people on monday at night fearing that they would join with the rebells, desired to go home, and that Mr. gabriel Maxwell threatened them saying, if they would go they might meet with a miresnype, and further being interrogate what he meant by the words in his former depositione, be the Southland army, depones it was the rebells; depones he heard Mr. gabriel Maxwell and the rest say they would join with the rebells: depones. That when he and the rest of the country people heard the said Mr. gabriel Maxwell, and the rest, intend to join, they left them.  
Sic subscribitur. JA: fowls J. p. D.  
John Stevensone in Ramshead, aged 54. Years or thereby, married, sworn, depones he adheres to his former depositione, taken before the justices at the time foresaid, which is ordained to be Recorded here, whereof the tenor follows: That Caldwells Officer warned him, and the rest of the tenants, to meet at Chitterfleet, and that Caldwell gave him one sword; depones that he saw William Porterfield of Quarrelltoune, with the other Gentlemen at Chitterfleet; depones that the earl of Eglintounes man was taken; before he came, that he saw the foot man there, that he heard his letters were broken up, and that they keeped him till night prisoner. Depones as to the number and names of the persons, to their journey, and traveling, comformis praecedenti; and that Blackstoune was with them depones, they formed themselves in a troop, that Mr. gabriel Maxwell desired them to rid in order, and that the deponer heard Mr. gabriel desire Blackstoune to go to his place in the rear, and accordingly he did go: That the Gentlemen seing the country people imagineing them to be the Generalls army, feared and retired out of the way. Depones that the Gentlemen  told that they were to go to Douglass, and that way, and that the deponer and the rest hearing that, suspected and would not go with them; That Mr. gabriel threatened them and said they might meet with a Miresnype; give they would go away, That William Porterfield of Quarrelltoune was allongst with them, and father adds, that he did see Mr. gabriel with them, and that the deponer, and the r●st of the Country people Suspected, that they intended to join with the rebells, and thereupon left them: and that the rest was feared, when they saw the Country people, Fearing it was the Generalls forces.  
Sic Subscribitur. JA: FOULIS J. p. D.  
John Wilsone in Ramshead, aged 40. Years or thereby, married, sworn, depones he adheres to his former depositione, taken before the Justices at the time foresaid, and which is ordained to be recorded here; whereof the tenor follows. That he knows nothing of their rydeing in order, nor Blackstones rydeing in the rear, that he saw non of the country people, That Caldwell and the rest of the Gentlemen never  told them where they were to go, whether to the Southland party or not: As to the being at Chitterfleet, and the rest of their journey, and number, depones, comformis praecedenti: And to the threatening of Mr. gabriel Maxwell, and depones that Quarrelltoune went all allongst with them; and further adds that Mr. gabriel Maxwell threatened him and the rest of the country people in case they should go away.  
Sic Subscribitur. JA: FOULIS J. p. D.  
John Andersone in Grie, formerly in Caldwell, aged 30. Years or thereby, married, sworn, depones he adheres to his former depositione, which was taken by the Justices at the time foresaid, and now ordained to be Recorded, whereof the tenor follows. That the Lairds Officer warned them to go allongst with him, And that he did go, knows nothing of the earl of Eglintouns servante, As to the journey, number, marching, depones comformis praecedenti: Depones that once they were in order of a troop, that Mr. gabriel Maxwell road on the head, and Blackstoune in the rear, that he saw William Porterfield of Quarrelltoune go allongst; depones as to the Country people conform to James Cochrane. Depones that on the monday, the deponer suspected they were to go to the Southland army, that he heard some surmise of that kind, depones that he heard, that Eglintounes man was taken, and his letters broken up, that how soon the deponer heard they were to go to that Southland party, he thought he was a wrong way, and would not go with them, That Caldwell his Master desired him to stay, and father adds, that by the word [ Southland army] specified in the foresaid depositione, he means the rebells.  
Sic subscribitur. JA: FOULIS J. p. D.  
John Caldwell in Chitterfleet, aged 30. Years or thereby, married, sworn, depones he adheres to his former depositione, taken before the justices, the time foresaid, and now ordained to be recorded, whereof the tenor follows. That the Lairds Officer warned him, to meet him at Chitterfleet, depones that Bedland, the Goodman of Caldwell, Mr. gabriel Maxwell, Mr. John Carstaires, was there, and divers others; that they were betwixt 30. and 40. in number, knows nothing of the earl of Eglintounes servant but heard of it; As to the marcheing, depones comformis praecedenti, and that some times, Caldwell, and Mr. gabriel Maxwell, put them in order, that he saw Blackstoune go to the rear and ride, that he saw the Country people and the Gentlemen were feared, conform to the foresaid depositione. Depones he heard amongst the Gentlemen, that they were to go to the Southland party, whereof he and the rest of the commons hearing, they would not go further, That Caldwell commanded his tenants to stay, but they would not, That Mr. gabriel Maxwell threatened them in maner foresaid, and adds, that he means[ by the Southland army] the rebells.  
Sic subscribitur. JA: FOULIS J. p. D.  
Williame Caldwell in Whitehouse, aged 23. Years or thereby, not married, sworn, depones he adheres to his former depositione, taken by the justices at the time foresaid, and now ordained to be recorded, whereof the tenor follows. He saw at Chitterfleet, the Laird of Caldwell, and was warned by his Officer there; That he saw the Goodman of Caldwell, Kersland, Blackstone, Quarelltoune, and several others; depones he saw the earl of Eglintounes servant there, and heard his letters were broken up, and he keeped prisoner; As to the marcheing, depones comformis pracedenti; That once they were ranked in a troop, and that Blackstoune road in the rear, That he did hear the Gentlemen speaking about their going to the Southland army, That the Kings Lifeguard was between the Gentlemen and them, and adds, that he did see Mr. gabriel Maxwell there.  
Sic subscribitur. JA: FOULIS J. p. D.  
John Stewarte in Swinridgmure, aged 40. Years or thereby, married, sworn, depones and adheres to his former depositione, taken by the justices in maner foresaid, and now ordained to be recorded, whereof the tenor follows. He was at Chitterfleet, That Caldwell, the Goodman of Caldwell Younger, Blackstoune, Quarelltoune and his Brother, Kersland, Bedland Cuninghame, Mr. gabriel Maxwell, Mr. John Carstaires and others, were there; That he was there, when the earl of Eglintounes servant was taken, saw him brought in, and the letters broken up, and that he was keeped till night as a prisoner, as to the marcheing, number, and rydeing, is comformis. That Mr. gabriel Maxwell said to Blackstoune go to the rear, and he went; That at the sight of the Country people, the Gentlemen went away, the Gentlemen said they minded to see the Southland party, and the deponer answered, he thought it not good, his Master said, the deponer might go where he went, and when they were at Kilbryde, it was  told them that the Kings army was between them, and the Southland party, and thereupon the Gentlemen retired to the house in the moore.  
Sic subscribitur. JOHN STEWART.  
The assize, be plurality of voices, elects George read late Baylie of Edinbrugh in Chancellor.  
The assize, all in one voice, be the mouth, of the said George R●id their Chancellor, finds the said Mr. gabriel Maxwell, sometimes minister at dundonald, guilty, and culpable of treason, as being in arms with Caldwell and the other persons who were in arms in the west, the time of the rebellion, being verified and proven, in prese●ce of the above-named persons.  
Sic subscribitur. GEO. REID chancel:  
The Lords commissioners of justiciary, be the mouth of Alexander Mc. adam Dempster of court, decernes and adjudges, the said Mr. gabriel Maxwell to be execute to the death, and demained as a traitor, when he shall be apprehended, at such time and place, and in such manner, as the said commissioners of justiciary shall appoint; as also decernes, the said Mr. gabriel Maxwell, for the treasonable crimes above-written, to have forfaulted, amitted, and tint all and sundry his lands, heretages, tenements, annu●llrents, offices, tacks, steadings, dignities, rooms, possessiones, goods and geir whatsomever, pertaining to him, to his Majesties use; which was pronounced for doom. Upon all and sundry the premises, the said Sr. John Nisb●t his Majesties Advocate, asked and took instruments.  
The exact double of the Gift, and dissposition of the whole estate heritable, with the escheat of movables, which most justly appertained to the now glorified, and worthily memorable Laird of Caldwell, and now to his heirs, and successors of himself, that the King be his pretended right unto, through that most unjust and illegal for faultur foresaid, hes taken, and dissposed upone, to Thomas Dalzel pretended proprietar of Binnes.  
OUR so: Lord Considering, the good and faithful service done to his majesty, and his Majesties most royal father of ever blessed memory, be his Majesties right trusty and well beloved, general Thomas Dalzell of Binnes, Lieveten●nt general of his Majesties late forces, within his Majesties ancient kingdom of Scotland, at several occasione●▪ but chiefly in the month of November Ja. vj: sixty six Year●● by past, by suppressing the battle of a considerable number of his Majesties dissloyall subjects, of the foresaid kingdom, who with their associates, most unnaturallie rose in arms, against his Majesties authority and laws, intending to have overturned the samen, and wronged his Majesties good and loyal subjects; besides divers others good services done to his majesty, be the said general Thomas Dalzell, by his skilful conduct of the foresaid forces, to the terror of the native traitors, and of his Majesties foreign enemies, who endeavoured to have dissturbed, and invaded the foresaid kingdom of Scotland; As also his majesty being sensible of the good service lykwayes done to his Majesty, in his kingdom of Scotland be the said general Thomas Dalzell, And also understanding that the said general Thomas Dalzell hes sustained great losses, and undergone very much hardship and sufferings, by long imprisonment, banishment and otherways, for his constant loyalty to his majesty; And his majesty being most willing for his further encouragement, to persist in his loyal actings, to confer some signal favours upon him: Therefore his majesty, for himself, and as Prince and Steuart of Scotland, with advice and consent of his Majesties right trusty cusignes and Counsellors, &c. John earl of Rothes, &c. high Chancellor of the said kingdom of Scotland, John earl of Lauderdale sole Secretare of State of the samen kingdom, John earl of T●ceddale, William Lord Bellendon, his Majesties Thes●urer deputy, William earl of Dundonald and his Majesties trusty counselor, Sr. Robert Murray late Justice Clerk his Majesties commissioner, for the thesaury, comptrollerie and thesaury of his Majesties new augmentationes, and also with advice and consent of the remnant Lords and other commissioners of exchequer. ordains one chartor to be past under his Majesties great seal of the foresaid kingdom of Scotland, in due form, giving, granting and dissponing, to the said general Thomas Dalzell his heires and assignayes whatsomever, heretablie, and irrevocablie, all and sundry, the lands and others underwritten, to wit, All and hail the five Pound land of Knockward, and the five Merkland of Douniflat, with the towers, fortalices, manor places, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, comonties, pasturages, coals, coalheughes, mosses, moores, meadows; tenants, tennandries, service of fry tenants, annexes, connexes, dependencies, parts, pendicles and pertinents thereof what-somever, lying within the bailiarie of Cuninghame, and sheriffdome of air; all and sundry the tiend sheaves, or parsonage teynd, of the samen lands of Knockward, with the pertinents; All and hail the five Pound land of Knockmade, and five Merkland of Easter Caldwells, with the towers, fo●talices, manor places, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, mosses, moores, meadows, comonties, pastorages, coals, coalheughes, tenants, tennendries, service of fry tenants, annexes, connexes, dependences, parts, pendicles, and pertinents thereof whatsomever, lyand within the sheriffdome of Renfrew; All and hail the ten Merkland of Kittock side, with the touer, fortalice, manor place, houses, biggings, yeardes, orchards, tofts, crofts, milns, woods, fishings, moffes, moores, meadoues, commonties, pastorages, coals, coalheughes, tenants, tennandries, service of fry tenants, annexes, conne●es, dependences, parts, pendicles, and pertinents of the samen whatsomever, lying within the sheriffdome of Lanerk; And also all and sundry, the teynd Sheaves, or parsonage teynds of the samen lands of Kitt●chsyde, and five Merkland of Easter Caldwells, aboue-rehearsed, with the pertinents; All and hail the lands of Kippellrig, called of old one Temple land, with the privilledge of the common moore of Renfrew, for pastorage thereof, with houses, biggings, yeardes, tofts, crofts, parts, pendicles, and pertinents thereof whatsomever, lyand within the parochin of Mearnes, and sheriffdome of Renfrew; All and hail the tiend Sheaves, or parsonage tiends of the foresaid lands, of Kippellrig, with the pertinents. Which lands, tiends and others above-written, pertained heretablie of before, to William Mure late of Caldwell, at lest to some of his predecessores, to whom he is appearand heir, of the samen lands, and others above rehearsed, holden be him or them, or some one or mae of them, immediately of his majesty, for himself, and as Prince and Stewart of Scotland; and are now fallen and become in his Majesties hands, and at his Majesties gift and disspositione, for himself, and as Prince and Stewart of Scotland, be reason of forfaulture, by the privieledge of his Majejesties crown, laws, and practic of the foresaid kingdom of Scotland: Through the said William Mure, his joining in arms, with the dissloyall and seditious persons in the west, who of late appeared in arms, in a desperat and avowed Rebellion, against his majesty, his Government and laws, of intention to have overturned the samen, if they had not been defeat in battle, as said is. And though all clemency was offered, to the said William Mure; Yet he hes refused the samen; for which wild act, above-rehearsed, of rising in arms as said is, he is declared traitor to his majesty, and all his lands, goods, and gi●r forfaulted, as in the sentence and doom of forfaulture, given and pronounced against him, by his Majesties Justice general of the said kingdom of Scotland, his Majesties Justice Clerk thereof, and the assessors appoynted to them, be his majesty privy council of the samen kingdom upon the... day of August Ja: vj: sixty seven Yeares by past, at more length is contained. And father, to the effect, the foresaid donator and grant, may be the more valide and effectual; his majesty, for himself, and as Prince and Stewart of Scotland, with advice and consent above specified, hes dissolved, and be the tenor of the said chartour, for his majesty, and his successores, Kings, Princes, and Steuarts of Scotland, dissolves the whole lands, tiends and others above-written, from his Majesties crown, and patrimony thereof, and of his successors, Princes, and Stewarts of Scotland; to be peaceably bruiked, joysed, set, used and dissposed upon, be the said general Thomas Dalzell, and his above specified, beretablie and irrevocablie in all time coming. And in testimony thereof, his majesty for himself, and as Prince and Stewart of Scotland, with advice and consent foresaid, of his Majesties certain knowledge, proper motive, authority royal, and kingly power, hes made, erected, created, united, annexed and incorporat, and be the tenor of the foresaid chartor for his majesty, and his successors, Kings, Princes, and Stewarts of Scotland, makes, erects, creates, unites, annexes and incorporates, the whole lands, tiends, and others respective above-mentioned, in one hail and fry barony, to be called now, and in all time coming, the barony of 〈◇〉 ordaineing, the foresaid tower, fortalice, and manor place of...... to be the principal messwage of the samen barony; And wills, and grants, and for his majesty and his successors, Kings, Princes, and Stewarts of Scotland, decernes and ordains, that an saisine, now to be taken, be the said general Thomas Dalzell, and be his heirs and assignayes, above rehearsed, in all time coming, at the foresaid tower, fortalice and manor place of 〈◇〉 or at any other part or place, of any of the lands above mentioned, shall stand and be one sufficient saisine for the samen hail lands, tiends and others above rehearsed, now unite in the foresaid barony as said is; But any other special or particular saisine, to be taken be him or them at any other part or place thereof, notwithstanding the samen lie not contigue and together, but in divers jurisdictions; Anent the which saisines, and all that shall follow thereupon: His majesty for himself, and as Prince and Stewart of Scotland, with consent above rehearsed; hes dispensed and be the tenor of the said chartor, for his majesty and his successors, Kings, Princes, and Stewarts of Scotland, disspenses for ever. To be holden, and to be hold all and sundry, the lands, tiends and others respective above mentioned, all erected in the foresaid barony, and lying as said is, to the said general Thomas Dalzell, and his above-written, of his majesty and his successores, Princes, and Stewarts of Scotland, immediat lawful superiors thereof for the time, in fie heritage and fry barony for ever: Be all the rights, miethes, and marches thereof, old and devyded, As the samen lies in length and breadth, in houses, biggings &c. milns, multures &c. hawking, hunting, fishing, &c. with colt plaint herezeld, &c. And with furk, fok, sock, sack, thole, thame, vert, wraik, waith, wair, venisone, outfang thief, in●angh-thief, pit and gallows, &c. And all and sundry other commodities &c. frielie and quyetlie, but any revocatione; &c. giving, Yearly, the said general Thomas Dalzell and his above-written, to his majesty and his successors, Princes, and Stewarts of Scotland, for the hail lands, and others above-rehearsed, except the tiends, rights, services, and duties of the samen lands, and others above-mentioned, erected in the foresaid barony, as said is, ought and wont therefore, before the forfaulture above specified allennarlie; And for the tiends above-specified, the blensh duties, or other duties adebted for the samen, be the said William Mure, before his foresaid forfaulture allennarlie. Lykas his majesty, with advice and consent foresaid, faithfully promits, in verbo principis, to cause ratify and approve, the foresaid chartor, with the precept and instrument of saisine, to follow thereupon, and dissolutione above-expressed, in his Majesties next Parliament, to be holden within the said kingdom of Scotland, and that with consent of the estates thereof, And that the foresaid chartor, shall be one sufficient warrant, for that effect: As also his majesty with advice and consent foresaid, or feigns that precepts be directed orderly hierupon in form as effiers. Given at the court at W●ithall the Eleventh day of July 1670. And of his Majesties reign the 22th. year. wt supra scribitur CHARLES REX. Sic subscribitur ROTHES chancellor, TUEEDDALE, KINCARDINE, DUNDONALD, BELLENDEN, MARSHAL, HALCARTOUNE, JO: NISBET, JO: HOME, CH: MAITLAND.  
Compositio vj. lib. xiij, iiij. Regrat 26th. September 1670.  

May it pleas your majesty.  
These contains, your Majesties warrant, for one chartor to be past, under your great seal of Scotland, to general Thomas Dalzell, of the five Pound land of Knockward and tiende thereof. And five Merkland of Dunfleet, with their pertinents above-mentioned, lyand within the Bailyatie of Cuninghame, and sheriffdome of air; And the five Pound land of Kno●made, and f●ve Merkland of Easter Caldwells and tiends thereof, with their pertinents, lyand within the sheriffdome of Renfrew; With the ten Merkland of Rittockside, and tiends thereof, with the lands of Kippillrig and tiends thereof; with the privilege of the common of Renfrew, lyand within the sheriffdome of Renfrew. All which pertained of before, to William Mure Late of Caldwell, at lest to some of his predecessors to whom he is appearand heir; Holden of your majesty, for yourself, and as Prince and Stewart of Scotland; And now fallen in your Majesties hands: and your Majesties gift by forfaulture of the said William Mure, for his joining in arms, with dissloyall and seditious persons in the west, who appeared in arms, in a desperat Rebellion against your Majesties government and laws; And your majesty dissolves the same from your Majesties crown, and patrimony thereof, And unites and erects the samen, in one fry barony to be called the barony of 〈◇〉 disspensing with the taking of saisin, at the manor place thereof, to serve for the whole; And to be holden of your majesty, In fie and fry barony, for ever: Giving to your majesty, the rights, services and duties, of the samen used and wont; And for the tiends, the blensh duties, adebted for the samen, before the forfaulture. All which, your majesty hes promised, to ratify in the next insueing session of Parliament.  
Sic subscribitur. LAUDERDALE.   

The lands holden of his mediate superiors.  
OUr Soverigne Lord, understanding, that the lands, and others aftermentioned, To wit, the ten Pound land of Beeth, comprehending the tuo Ramsheads, the tuo Biggeits, and the little and ●ikle highgates, with the miln, miln lands, multers and sequels thereof, ●ower, fortallice and manore place, houses, biggings, yards, orchards, tofts, crofts, woods, fishing, moss, moores, meadows, commo●●●s, pastorages, tenants, tennan●ries, service of f●ie ten●●●ts, annexes, connexes, dependences, parts, pendicles, and pertinents thereof whatsomever, Lying within the parochine of Beeth, Bailiarie of Kyllstewart, and Sheriffdome of air; All and hail, the ten Merkland of Cowdam, with the touer, fortallice, manor place, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, moss, moores, meadows, comonties, pastorages, tenants, tennandries, service, of fry tenants, annexes, connexes, dependences, parts, pendicles, and pertinents of the samen, whatsomever, Lying within the parochine of Symontoune, Bailiarie of Kyle, and Sheriffdome foresaid of air; All and hail, the ten Merkland of Thorntoun, with the touer, fortalice, manor place, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, moss, moores, meadows, comonties, pastorages, tenants, tennendries, service of fry tenants, annexes, connexes, dependences, parts, pendicles, and pertinents thereof whatsomever, Lying in the parochine of Killmavers, barony of Robertoun, and Sheriffdome of air; All and hail, the four Merkland of Neulands, with the touer, fortalice, manor place, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, mosses, moores, meadoues, comonties, pastorages, tenants, tennendries, service of fry tenants, annexes, connexes, dependences, parts, pendicles and pertinents of the samen whatsomever, Lying in the parochine of Eastwood, and Sheriffdome of Renfrew; All and hail, the five Merkland of Glanderstoun, with the touer, fortalice, manor place, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, mosses, moores, meadows, comonties, pastorages, tenants, tennendries, service of fry tenants, annexes, connexes, dependences, parts, pendicles and pertinents thereof whatsomever, Lying within the parochine of Neilstoun, and the foresaid Sheriffdome of Renfrew. Which pertained of before, to William Mure Late of Caldwell, at the least to some of his predecessors, to whom he is appearand heir, Holden be him or them, or some on or mo● of them, immediately of the persons respective aftermentioned, immediat lawful supperiors thereof; Are now fallen, and become in his Majesties hands, and at his Majesties gift and presentatione, be reason of forfaulture, be the privilege of his Majesties crown, laws, and practic of this kingdom of Scotland; Throw the said William Mure, his joining in a●●es, with the dissloyall and seditious persons in the west, who of late appeared in arms, in one desperat and avowed Rebellion, against his majesty; his Government and laws, of intention, to have overturned the samen, if they had not been defeat in the battle, be general Thomas Dalzell of Binnes, lieutenant general of his Majesties late forces, within the kingdom of Scotland. And tho all clemency was offered, to the said William Mure, yet he hes refused the samen; for which wild act, above-rehearsed, of rising in arms as said is, he is declared traitor to his majesty, and all his lands, goods and geir, forfaulted, as in the sentence and doom of forfaulture, pronounced against him, be his Majesties Justice general, of the said kingdom of Scotland, his Majesties Justice Clerk thereof, and the assessors appoynted to them, be his Majesties Privy council of the samen kingdom, in an criminal court holden by them, in their ordinary place of sitting within the brugh of Edenbrugh, upon the.... day of August Ja: vj: sixty seven Years, by past, at more length is contained. And his majesty, not being willing, that his Majesties right trusty cusigne, Alexander earl of Eglintoune, superior of the foresaid ten Pound-land of Beeth, comprehending as said is, with the touer, fortalice, and pertinents, and likwayes with the said ten Merk-land of Thorntoun, with the touer, fortalice, and pertinents; his Majesties right trusty cusigne, William earl of Dundonald, superior of the foresaid ten mark land of Cudam, with the tower, fortalice, and pertinents; his Majesties right trusty cusigne, Charles Duke of Lennox, superior of the foresaid five mark land of Glanderstoun, with the tower, fortalice, and pertinents; and Sr. Archbald Stewart of Blackhall, superior of the foresaid four Merk-land of Newlands, with the tower, fortalice, and pertinents; should be frustrat and want one tennent to them, of the lands and others respective above specified: but rather willing to provyd one immediat tennent and vassal to them, their heirs and assignayes of the samen. Therefore, his majesty, with advice and consent, of his highnes right trusty cusignes and counsellors; John earl of Rothes, high chancellor of the said kingdom of Scotland, John earl of Lauderdale sole secretary of State of the samen kingdom, John earl of Tuecddale, Alexander earl of Kincardine, William earl of Dundonald, William Lord Bellendin his Majesties thesauwrer deputy, and Sr. Robert Murray late Justice Clerk, his Majesties Commissioner for his Majesties thesawrary, Comptrollarie and the awrarie of new augmentationes, and also with advice and consent, of the remnant Lords, and others commissioners of his Majesties exchequer, ordains one letter of presentation, to be past under the testimonial, of his Majesties great seal, of the foresaid kingdom of Scotland, in due form, nominating, and presenting his Majesties trusty and well beloved, the said general Thomas Dalzell of Binnes, his heires and assignayes, in Immediat vassal and tenant, to the said earl of Eglintoun, and the remnant persons above-mentioned; and requiring them, there heires, and assignayes, to enter and receive, the said general Thomas Dalzell, his heires and assignayes, and others his above-specified, in Immediat heritable tennent and vassal to them, of the Lands, and others respective above-mentioned, and to infest and seize him, and his above-written therein, be chartour and seasine, as use is in the like; To be holden of them, their heires and successors, ilk one of them, for their oune part, as is above-devyded, sicklyk, and als frielie in all respects, as the said William Mure, his predecessors or authors held the samen, of the fore-named superiors, their predecessors or authors, at any time before the said Rebellione. As also, his majesty faithfully promits, in verbo principis, to ratify the chartor and other rights, to be made to the said general Thomas Dalzell, his heires and assignayes, of the Lands and others above-rehearsed, in his Majesties next Parliament to be holden within his Majesties said kingdom of Scotland, with consent of the estates thereof, and that the foresaid letter shall be one sufficient warrant for that effect; and ordains that the foresaid letter be father extended, with all clauses needful. Given at the Court at withal, the Eleventh day of July 1670. and of his Majesties reign the 22. Yeares. Wt supra scribitur CHARLES REX. Et sic subscribitur ROTHES chancel. TWEEDDALE. KINCARDINE. HALLCARTOUNE, JO: NISBET. CH: MAITLAND.  
Compositio vj. lib. xiij. iiij. Registrat September 26. 1670.   

May it pleas your majesty.  
These contains your Majesties warrant, for a letter of presentation, to be past under your Majesties great seal of Scotland; by which your majesty presents, general Thomas Dalzell, immediat heritable vassal and tennent to the earl of Eglintoun, and remnant persons above-named, superiors of the Lands and others above-mentioned: Which pertained of before, to William Mure Late of Caldwell, or to some of his predecessors, holden be him or them immediately, of the above-named immediat superiors thereof; and now become at your Majesties Gift and presentation, by his forfaullture, in joining in arms, with dissloyall and seditious persons in the west, who appeared in arms, in a desperat Rebellion, against your majesty; and your majesty requiring, the superiors above-mentioned, to enter the said general Thomas Dalzell, and to infeft him in the Lands and others above-written, to be holden of them, als frilio in all respects, as the said William Mure or h●● authors held the samen, all which your majesty is pleased to promise to ratify, in the next insueing session of Parliament.  
Sic subscribitur. LAUDERDALE.   

That gift of the Laird of Kerslands estate, to William Drummond pretended proprietar of Cromlicks.  
OUR SO: Lord understanding, that the Lands and others aftermentioned; To wit, all and hail the tuentie Merk-land of Kersland, comprehending the maines of Kersland, extending to one three mark half Merk-land, the Merk-land of Todholles, the town of Davids-Hill, extending to one three mark half mark land, the three mark half Merk-land of Miekill and little Auchingries, the two Merk-land of Mauldshead, the half Merk-land of Collburne, and Mylnelands of Kersland, the ten Shilling-Land of Barcoysh, the ten Shilling-Land of Barkippe, the tuentie Shilling-Land of Suinrigmure and Murhouses, the mark land of highfield, the half Merk-land of Coalheughglen, and the tuentie Shilling Land of Kershead, with the towers, fortalices, manor places, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, mosses, moores, meadows, commonties, pastorages, coals, coalheughes, tenants, tennandries, service of fry tenants, annexes, connexes, dependences, parts, pendicles, and pertinents, of the samen what somever, All lyand within the parochine of Dalry, Bailiarie of Cuninghame, and sheriffdome of air; All and hail the four Pound land of fulwoodhead, comprehending the Lands of hoods yard, Bougsyde, Beeths-hill and fullwoodhead, with the tower, fortalice, manor places, houses, biggings, yards, orchards, tofts, crofts, milns, woods, fishings, mosses, moores, meadoues, commonties, pastorages, coals, coalheughes, tenants, tennendries, service of fry tenants, annexes, connexes, dependences, parts, pendicles, and pertinents thereof, whatsomever, All lying within the parochine of Beeth, regality of Killwinning, and sherieffdome of air above-specified; All and hail the Lands of Hourat, Campolls, Langdyke, and little broadlie, being one six Pound-land, whereof the foresaids Lands of Campolls and Langdyk are one four-pound half Merk-land, the foresaids Lands of hourat one tuentie Shilling-land, and the foresaid Lands of Littlebroadlie one Merk-land, all lying within the foresaids parochine of Dalry, Bailliarie of Cunninghame, and sheriffdome of air. Which pertained of before, to Robert Ker late of Kersland, at the least to some of his predecessores, to whom he is appearand heir, holden be him or them, of the persons respective after-mentioned, immediat lawful superiors thereof; Are fallen and become in his Majesties hands, and at his Majesties gift and disspensation, be reason of forfaulture, be the privilege of his Majesties crown, laws, and practic of the said kingdom of Scotland: Throw the said Robert Ker, his rising in arms, with these dissloyall and seditious persons in the western counties, who of late appeared in arms, in a desperat and avowed Rebellion, against his majesty, his government and laws, presuming to act contrary to, and overturn the samen, if they had not been defeat in battle, by his forces then in arms, whereof his Majesties right trusty and well beloved councillor Lievetenent general William Drummond was mayor general. And tho all clemency was offered to the said Robert Ker, yet he refused the samen; For which wild treason above-rehearsed, he is declared traitor to his majesty, and all his Lands, goods and gier, forfaulted, are ordained to belong to his majesty, as in the sentence and doom of forfaulture, given and pronounced against him, be his Majesties Justice general of the foresaid kingdom of Scotland, his Majesties Justice Clerk thereof, and the assessors appointed to them, be his Majesties privy council of the samen kingdom, in one criminal court holden be them, in their ordinary place of sitting, with in the Brugh of edinburgh, upon the sexteen day of August Ja: vj. Threescore seven Years. And ratification and approbation thereof, expressed in the Eleventh act of the first session of his Majesties second Parliament, dated the fyfteen day of December Ja: vj. Threescore nyn Years, at more length is contained. And his majesty not willing, that his Majesties right trusty cusing, Alexander earl of Eglintoune, superior of the foresaid twenty Merk-land of Kersland, and of the foresaid four pound land of fullwoodhead, comprehending as said is, with the touers, fortalices and pertinents; And also that William Blair of that ilk, superior of the foresaid six pound-lands of hourat, Campoll, Langdyk, and Little broadlie, with the towers, fortalices, and pertinents thereof, should be frustrate, and want one vassal and tennent to them, of the lands and others respective above-mentioned: but rather willing to provyde one immediat tennent and vassal to them, there heires, and assignayes of the samen. And lykwyse considering, the good and faithful service done to his majesty, and his Majesties royal father, of ever blessed memory, be his Majesties said right trusty and well beloved councillor, Lievetenent general, William Drummond, at several occasiones, but especialie in the month of November Ja: vj. Threescore six Years, Be his active and valorous carriage, in the foresaid charge of mayor general, pursueing, invading, defeating, and in battle suppressing, a considerable number of his Majesties saids dissloyall subjects, of the foresaid kingdom, associate and combined in arms as said is; besides divers other good and faithful services, done by the said Lievetenent general William Drummond, by his skilful conduct of such of his Majesties forces, as were entrusted to him from time to time, such as his engadging with the armies raised in the year Ja: vj. forty eight, for frieing and relieving, the person of his Majesties royal father of ever blessed memory, then keeped in captivity and strong prison, by his unnatural and rebellious subjects, of England. His forWardness and zeal in joining himself in the royal armies in the kingdom of Irland, in the year Ja: vj. forty nyn, Commanded by James Duke of Ormond, Lord Lievetenent of that kingdom. The said Lievetennent general William Drummond, his ready and active concurrence, with his Majesties armies in Scotland and England, in the year Ja: vj. fifty one, and his great sufferings, and his long imprisonment therefore. And also his ventorious and bold attempt, by rising again in arms, with many of his Majesties dewtifull and loyal subjects, in the Hielands of Scotland in the year Ja: vj. fifty three, with his Majesties commission as mayor general, against the usurpers of the Government of the said kingdom; and when all hopes was almost lost, because of that prevailing power, he choysed to endure all hardshipe, yea rather banishment from his native country, then to accept their offers and conditions, for submissione to the tyranny, of that illegal and unjust usurpatione. And after his Majesties happy resturatione, to his just right and possessione, of his Majesties crowns, The said Lievetenent general William Drummond, willingly left upon his Majesties Call, a plentiful and honourable condition, under his imperial majesty of Russieland, to return and express constant and renewed tokens of his fidelity, to his Majesties service. And his majesty being most willing, for his further encouragement, to persist in his loyal actings, to confer some sign of his Majesties favours upon him: Therefore his majesty with advice and consent, of his Majesties right trusty cusignes and Councellors, John earl of Rothes, &c. high Chancellor of the said kingdom of Scotland, John earl of Lauderdale, &c. sole Secretare of State of the said kingdom, John earl of Tueeddale, &c. Alexander earl of Kincardine, &c. William earl of Dundonald, &c. Charles Maitland of Haltoune, thesaurer deput to his majesty of the said kingdom, and his Majesties trusty councillor, Sr. Robert Murray, late Justice Clerk, his Majesties Commissioners for the thesawrie, Comptrollarie, and thesawrarie of his Majesties new augmentations of the foresaid kingdom, and also with advice and consent, of the rest of the Lords and others commissioners of his Majesties exchequer, of the samen kingdom, ordains a letter of presentation to be past, under the testimonial of his Majesties great seal, of the foresaid kingdom of Scotland, in due form, nominating, and presenting, the said Lievetenent general William Drummond, his heirs and assignayes whatsomever, in immediat heritable vassal and tennent, to the saids earl of Eglintoun, and William Blair, and requiring them, their heires, and assignayes, to enter the said Lievetennet general William Drummond, and his above-specified, in immediat heritable tennent and vassal to them, and the Lands and others respective above-written, and to infeft and seize him and his above-mentioned therein, be chartor and seasine, as use is in the like; To be holden of them, their heires and successors, either of them for their oune parts, as is above-devided; Sicklyke, and als frielie, in all respects, as the said Robert, his prodecessors or authors held or might have holden the samen, of the fore-named superiors, their predecessors and authors, at any time before the foresaid Rebellion, The said Lievetennent general William Drummonds entry to the Lands, and others foresaids, and up lifting the mailles, duties, and Caswalities thereof, being for the crope, and year of good Ja. vj. Threescore ten yeares. As also his majesty with consent foresaid, faithfully promits in verbo principis, to cause ratify and approve, the chartor and other rights, to be made to the said Lievetennent general William Drummond, his heires and assignayes, of the Lands and others above-rehearsed, in his Majesties next Parliament, to be holden within his Majesties said kingdom of Scotland, and that with consents of the estates thereof, and ordains the foresaid letter, to be further extended, in due form, with all clauses needful. Given at the Court at withal, the fourth day of march. 1671. And of his Majesties reign the 23th. year. Ut supra scribitur CHARLES REX. Sic subscribitur ROTHES CHANCELLOR. TUEEDDALE. KINCARDINE. DUNDONALDE. CH: MAITLAND. HALCARTOUNE. AR: PRIMROSE. JO: NISBET. JO: WAUCHOPE.  
Compositio vj. lib. xiij. iiij. Registrat march 13th. 1671.   

May it pleas your majesty.  
These contains, your Majesties gift and disposition, to Lievetennant general William Drummond, his heirs and assignayes whatsomever, of the twenty Merk-land of Kersland, and other Lands, towers, fortalices, manor places, houses, yards, orchards, and others whatsomever, particularly above-mentioned; which pertained of before, to Robert Ker late of Kersland, at least to some of his predecessors, to whom he is appeareand heir; And are now fallen in your Majesties hands, and at your gift and disposition, be reason of forfaulture; Through the said Robert his rising in arms, in the last Rebellion, with these disloyal and seditious persons, who came from the western counties, in November Ja: vj. sixty six. These also contains your Majesties warrant, for a letter of presentatione, to be past under the testimonial of your great seal of Scotland, nominating, and presenting the said Leivetenent general William Drummond, and his foresaids, in immediat heritable tennent and vassal, to Alexander earl of Eglintoun, and William Blaire of that ilk, in the several and respective Lands and others, whereof they are lawful superiors, in manner particularly above-mentioned; To be holden of them, their heires and successors, either of them for their oune parts, as is above divyded sicklyk, and all frielie in all respects, as the said Robert Ker, his predecessors or authors, held, or might have holden the samen, at any time before the said Rebellion. The said Lievetenent general William Drummond his entry to the saids Lands, and others foresaids, And up lifting the mails, duties, and Caswalites thereof, being for the crope, and year of god Ja. vj. and seventy. And your majesty promises in verbo principis, to ratify and approve the said chartor, and others rights to be made, to the said Lievetennent general William Drummond and his foresaids, of the Lands and others above-rehearsed, in your Majesties next Parliament, to be holden in the said kingdom.  
Sic subscribitur. LAUDERDALE.   

That other gift, of Kerslands Lands of overtoun in the parochin of Beeth, to William Blair of that ilk.  
OUR sovereign LORD, with advice and consent, of his Majesties right trusty, and well beloved cusignes and Councellors, John earl of Rothes, Lord Lesslie and Balmbriech &c. high Chancellor of the kingdom of Scotland, John Duke of Lauderdale, Marques of March, earl of Lauderdale, Viscount Maitland, Lord Thirlestane, Musselbrugh and Bolton. Lord president of his Majesties privy council of the said kingdom, and Sole secretare thereof, John Marques of athol &c. Lord privy seal of the said kingdom, Archibald earl of Argyll &c. Alexander earl of Kincardin &c. William earl of Dundonald &c. and his Majesties trusty and familiar counselor Charles Maitland of Haltoun, his Majesties Thesaurer deputy, of the said kingdom, commissioners of his Majesties thesaury, Comptrollerie, and thesaury of his Majesties new augmentationes, within the said kingdom of Scotland, and also with advice and consent, of the remanent Lords and others, commissioners of his Majesties exchequer, of the samen kingdom, ordains one letter of presentation, to be made, under the testimonial of the great seal, in due form: making MENTIONE, that his majesty Considering, that all Lands, heretages and others whatsomever, whilks belonged To Robert Ker of Kersland, fell in his Majesties hands, and at his Majesties gift and disposition, and presentation, be reason of forfaulture: Throw the said Robert Ker, his adjoining, and associating himself in rebellion, with these who did arise in the west, in Anno Ja: vj. sixty six Yeares, against his Majesties authority and laws, in manner as is more fully mentioned, in the decreet and sentence of forfaulture, pronounced against him, be the Justice general and his deputs for the samen, upon the 〈◇〉 day of 〈◇〉 and also considering, the eight pound land, of old extent, of overtoun, and Corn miln thereof, with the miln Lands, astricted multures and sequels of the samen, with houses, biggings, yards, annexes, connexes, parts, pendicles and pertinents of the samen whatsomever, lyand within the barony of Giffen, bailliarie of Kylstewart be annexation, sheriffdome of air; quhilks were disponed and wodset, be umquhill Robert Montgomerie of Hessilheid, to the said Robert Ker of Kersland, under reversion, be payment of the sums of money, contained in the infeftments, rights and securities made thereanent; doth now pertain and belong to his majesty, and is fallen, and become in his highnes hands, and at his highnes gift and disposition, be reason, of the foresaid decreet, and sentence of forfaulture; And that the same is yet undisposed upon, or gifted be his majesty: And his majesty, for the good, true and thankful services, done and performed to his majesty, and his highnes ancestores, be William Blair of that ilk, and his predecessors, and for certain other onerous causes, good respects, and considerationes moving his majesty, being resolved to confer upon the said William Blair, the rights of the foresaid wodset: therefore his majesty with consent foresaid, hes given, granted and disponed, and be the tenor thereof, with consent foresaid, gives, grants and dispones, to the said William Blair of that Ilk, his heires and assignayes whatsomever; ALL AND HAIL the said eight pound land of old extent, of overtoun, and cornmylne thereof, with the miln Lands, astricted multures, and pertinents of the samen wodset, be the said umquhille Robert Montgomerie of Hesilhead, to the said Robert Ker of Kersland, for the sums of money, mentioned in the rights and securities past thereanent, with the said right of wod set itself, hail sums of money therein contained, Chartours and infestments following thereupon, hail heads, articles and clauses thereof, and all that hes followed, or may follow upon the samen. Lykeas his majesty, with advice and consent foresaid, hes nominat and presented, and be their presents, nominats and presents, the said William Blair of that Ilk, his heires and successors, immediat heritable vassals, and tenants, to the heires, and successors foresaids, of the said Robert Montgomerie of Hesilhead, superior of the Lands, miln and others foresaids, requiring them, to enter and receive, the said William Blair of that Ilk, and his foresaids, immediat heritable tenants, and vassals to them, of all and hail, the Lands and miln, And to infeft and seize him, and his foresaids therein, be chartor and saisine, To be holden of them, their heires and successors, Siclyke, and als frielie, in all respects, as the said Robert Ker of Kersland, or any of his predecessors, or authors, held the samen, of before; and that the said letter, be further extended, in the best form, with all clauses needful. GIVEN AT, the Court at Whitehall, the tuentie two day of april Ja: vj. seventy eight. And of his Majesties reign the 30th. year. Ut supra scribitur. CHARLES REX. Sic subscribitur, LAUDERDALE COMISSIONER. ROTHES CHANCELLOR. DUNDONALD. CH: MAITLAND. CAITHNESS. ELPHINSTONE. BELHAVEN. THO MURRAY GEO. Mc. KINZIE. THO WALLACE.  
Compositio vj. lib. xiij, iiij. Regrat 26th. Juny 1678.   

May it pleas your majesty.  
These contain, one warrant, for one gift and presentation' to be past, under the testimonial of your Majesties great seal of Scotland; in favours of William Blair of that ilk, his heires and assignayes, of the eight pound land of Overtoun, with the cornmylne and pertinents thereof, which were wodset, be umquhill Robert Montgomerie of Hessilheid, to Rober Ker of Kersland, for the sums of money, mentioned in the rights and securities made there anent; And are now fallen in your Majesties hands, and at your gift and presentation; Throw one decreet and sentence of forfaulture, given and pronounced against the said Robert Ker, before the Justice general and his Deputs; And your majesty nominats and presents, the said William Blair, to be vassal and tennent, to the heires and successors, of the said Robert Montgomerie of Hessilheid, superior thereof; Requiring them, to infeft the said William Blair, in the Lands, miln and others foresaids, to be holden of them, Siclyke and als frielie, as the said Robert Ker held the same.   

The gift of mayor Joseph Lermonts estate to William Hamilltoun of Woulshaw.  
OUR sovereign LORD, with advice and consent, of his Majesties right trusty cusignes and Counsellors, John earl of Rothes Lord high Chancler of the kingdom of Scotland, John earl of Lauderdale sole secretare of state, John earl of Tueeddale, Alexander earl of Kincardine, William earl of Dundonald, Charles Maitland of Haltoun, his Majesties Thesaurer deput of the samen kingdom, and Sr. Robert Murray knight. Commissioners of his Majesties Thesaurarie, Comptrollarie, and Thesaurarie of his Majesties new augmentationes, and also with consent and advice, of the remnant Lords and others his Majesties commissioners of the exchequer of the samen kingdom, ordains one letter of presentation, to be made under the testistimoniall of his Majesties great seal of this kingdom, directed to Mr. Andrew brown of Dollphintoun; 〈◇〉 Bothwell of Glencross, or James Murray of Skirling, or either of them immediat and lawful superiors, of the lands, tiends and others underwritten; Mackand mentione, that all and sundry the Lands after-specified, Viz. All and hail the Lands of Neuholme, with the manore place, houses, biggings; yards, orchards, parts, pendicles, and pertinents of the samen, extending to one 〈◇〉 pound land of old extent, Lying within the parochin of Dollphintoun, and sheriffdome of Lanerk and be union within the barony of Skirling as for the principal. And sicklyk all and hail, these parts and pertinents of the Lands, and barony of Skirling, called the Lands of Kirk la hill and Stainie Lands, with the pertinents lying within the barony of Skirling, and sheriffdome of peibles, in special warrandice, and security of the said Lands of Newholme, in case of eviction thereof; TOGETHER with the teynds parsonage, and viccarage of the saids Lands of Newholme, and hail pertinents thereof whatsomever. Which pertained of before, to mayor Joseph Lermont of Newholme, holden be him immediately, of the said Mr. Andrew brown 〈◇〉 Bothwell, or James Murray, or either of them, immediat and lawful superiors, of the saids Lands tiends and others with the pertinents, and are now fallen, and become in his Majesties hands, and at his Majesties presentation and dissposition, be, and through, the process and doom of forfaulture, dewlie, lawfully lead, and deduced, and pronounced against the said mayor Joseph Lermont, in one Justice court, holden at Edenbrugh, the fourteen, fyftine, and sixtine dayes of August Ja: vj: and sixty seven Yeares. 

Thirr words in their rights in latin as the express cause of the gift are thus.  
Pro certis criminibus perduellionis& laese Majestatis per eum commissis& de quibus convictus fuit in dicta curia Justiciaria pro ut in processu& sententia forisfacturae eatenus lat:& deduct: fusius habetur.   For certain crimes of treason, and laese majesty, committed be him, and whereof he was convicted, in the Justice court, as in the process and sentence of forfaulture lead deduced, and pronounced thereanent, at more length is contained. And our sovereign Lord understanding, that the said Mr. Androw brown 〈◇〉 Bothwell, and James Murray, or either of them, are now undoubted, immediate and lawful superiors, of the saids Lands and others above-written, and not being willing that they be any ways hurt or prejudged, of their or either of their superiorities; but rather to provide to them one sufficient tennent and vassal: therefore his majesty with advice and consent foresaid, hes nominat and presented, and be their presents, nominats and presents to them, his Majesties Lovit, William Hamiltoun of Woulshau, his heires and assignayes, immediat ând heritable tentent to them, of all and sundry the Lands, tiends, and others above-written, extending and lying as said is; Requiring the said Mr. Andrew brown 〈◇〉 Bothwell, and James Murray, or either of them, superiors foresaids, to receive the said William Hamiltoun, his heires and assignayes foresaids, immediate and heritable tennent to them, of all and sundry the foresaids Lands, and others foresaids respective above-written, extending and lying as said is, and to make and delyver to him, sufficient and heritable infeftments of the samen, to be holden of the said Mr. Andrew brown, 〈◇〉 Bothwell, and James Murray, or either of them, their heires and successors, sicklyk and als frielie, in all respects, as the said mayor Joseph Lermont, held or might have holden the samen himself, before the said sentence and doom of forfaulture; and that the said letter, be further extended, in best form, with all clauses needful. Given at the Court at withal, the fourth day of march Ja: vj: and seventy and one Years. And of his Majesties reign the 23. Year. Ut supra scribitur CHARLES REX. Et sic subscribitur ROTHES CANCELLOR. TUEEDALE. KINCARDINE. DUNDONALD. CH: MAITLAND. JAMES DALRYMPLE. AR: primrose. JO: NISBET. WAUCHOP.  
COMPOSITIO vj. lib. xiij. iiij. Registrat may 20th. 1671.   

May it pleas your majesty.  
These contains, your Majesties warrant, for a letter of presentation, to be made in favours of William Hamilltoun of Wollshaw, his heirs and assignayes, under the testimonial of your great seal of Scotland, directed to Mr. Andrew brown of Dolphintoun,..... Bothwell of Glencross, and James Murray of Skirling, or either of them, immediat and lawful superiors of the Lands of Newholme, with the manor place, houses, biggings, parts, pendicles, and pertinents of the samen, as for the principal, and the Lands of Kirklahills, and Stanie Lands, with the pertinents, in special warrandice, and security of the saids Lands of Newholme, together with the tiends, parsonage, and viccarage of the Lands of Newholme, and pertinents thereof whatsomever. Which pertained heretablie of before, to mayor Joseph Lermont of Newholme, holden be him immediately, of the saids persons, or either of them, and which are now fallen, and become in your Majesties hand, and at your Majesties presentation and dissposition, through the process and doom of forfaullture, lead, and pronounced against the said mayor Joseph Lermont, in one Justice court holden at Edenbrugh, upon the.... day of Ja: vj: sixty and seven Years, for certain crimes of treason,& laese majesty, committed be him; and your majesty nominats and presents, to the saids persons, or either of them, lawful superiors of the saids Lands, and others above-mentioned, the said William Hamilltoun and his foresaids, in immediat heritable tennent to them, of all and hail the Lands, teynds, and others above-written, requiring them, or either of them, superiors foresaid, to receive him and his foresaids, in immediat tennent to them of the samen, and to delyver to him, sufficient and heritable infeftments, to be holden of them, or either of them, their heirs and successors, als frielie, als the said mayor Joseph Lermont hath, or might have holden the samen himself, before the said sentence of forfaullture.  
Sic subscribitur. LAUDERDALE.   

The exact double of the Kings Gift, of the estate belonging to William Porterfield of Quarelltoun to Mr. John Hamilltoun of Hallcraig Younger.  
sic supper scribitur. CHARLES REX.  
OUR sovereign LORD, with advice and consent, of his highnes right trusty cusignes and counsellors, John earl of Rothes, Lord high Chancellor of Scotland, John earl of Lauderdale, sole secretary of State, John earl of Tueeddale, Alexander earl of Kincardine, William earl of Dundonald, Charles Maitland of Haltoun, thesaurer deput of the samen kingdom, and Sr. Robert Murray Knight, Commissioners of the thesaurarie, Comptrollarie, and thesaurarie of new augmentationes, and also with advice and consent, of the remanent Lords and commissioners of exchaquer of the samen kingdom, ordains one letter of presentation, to be made under the testimonial of the great seal of this kingdom, direct to 〈◇〉 Porterfield of that ilk, or 〈◇〉 show of Grinok, or one or other of them, superiors of the Lands, tiends and others underwritten: Mackand mentione, that all and sundry the Lands and others underwritten, viz. All and hail the ten Merk-land of Easter Cochrane, with tower, fortalice, manore places, milns, multers, parts, pendicles, and pertinents thereof, Comprehending therein the Lands of Quarrelltoun, Lonbanck, Hillhead, Cairtsyds, over and nether Gremend, and Breadinhill, all lying within the parochin of Palslay, and sheriffdome of Renfrew. Which pertained heretablie of before, to William Porterfield of Quarrelltoun, holden be him immediately, of the saids 〈◇〉 Porterfield, or 〈◇〉 show, or either of them. Are now fallen, and become in his Majesties hands, and at his highnes presentation and dissposition, be, and throw the process and doom of forfaulture, dewlie, orderly lead, deduced and pronounced against the said William Porterfield, in one justice court, holden at Edenbrugh upon the fyftien day of August Ja: vj: sextie seven Years, 
Thirr words in their latin right runes thus...... pro certis criminibus perduellionis& laese Majestatis per eum commissis& de quebus convictus fuit in dicta curia Justitiaria pro ut in processu& sententia foris facturae catenus lat:& deduct: fusius habetur.  for certain crimes of treason and laese majesty committed be him, and whereof he was convict, in the said justice court, as in the process and sentence of forfaulltur, lead, deduced and pronounced thereanent, at maire length is contained. And our said sovereign Lord understanding, that the saids.... Porterfield, or.... show are now undoubted immediat lawful superiors of the saids Lands and others; And not being willing that they be any ways hurt or prejudged, of their superiority thereof, but rather to provyd them, to one sufficient tenant and vassal of the samen: therefore his majesty with advice and consent foresaid, hes nominat and presented, and be their presents, presents to them his Majesties Lovit, Mr. John Hamilltoun of Hallcraig Younger, his heirs and assignays, in immediat heritable tenant to them, of all and sundry the saids lands, tiends, and others above-written, extending and lying as said is, requiring the saids 〈◇〉 Porterfield, or 〈◇〉 show, superiors foresaid, to receive the said Mr. John Hamilltoun, his heirs and assignays foresaids, in immediat heritable tenants to them, of all and sundry the foresaids Lands, and others respective above-written, extending and lying as said is, and to make and delyver to him, sufficient and heritable infeftments of the samen, to be holden of the saids 〈◇〉 Porterfield, or 〈◇〉 show, or either of them, their heirs or successors sicklyk and als frielie as the said William Porterfield held, or might have holden the same himself, before the said sentence and doom of forfaullture, And that the said letter be further extended in the best form, with all clauses needful. Given at the Court at withal the 4th. day of march Ia: vj: seventy one year and of his Majesties reign 23. year.  
COMPOSITIO GRATIS. Sic subscribitur. ROTHES chancel. TWEEDDALE. KINCARDINE. CH: MAITLAND. BELLENDEN. AR: PRIMROSE. JO: NISBET.   

May it pleas your majesty.  
These contains your Majesties warrant, for a letter to be made under the testimonial of your great seal of Scotland, directed to 〈◇〉 〈◇〉 Porterfield of that ilk, or 〈◇〉 show of Grinok or one or other of them, superior of Ten mark Land of Easter Cochran and other Lands, Teynds and others abovewritten, which pertained heretablie of before to William Porterfield of Quarreltoun; holding by him immediately of them or either of them: now fallen and become in your Majesties hands, and at your presentation and disposition, through the Process and doom of forfaulture lead and pronounced against the said William Porterfield in à Justice Court holdin at edinburgh upon the 〈◇〉 day of 〈◇〉 166 Years, for certain crimes of Treason and Laese majesty committed by him. And your Majesty nominats and presents Mr. John Hamiltoun younger of Halcraige, his Airs and assignies, in immediate heritable tenants to him of all and sundry the said teynds and others abovewritten, Extending and lying in mainer abovementioned. Requiring the saids 〈◇〉 Porterfield 〈◇〉 show Superiors forsaids, to receive the said Mr. John Hamiltoun and his forsaids, in immediate heritable tenants to him, of all and sundry the forsaids Lands, and others respectively above-written: And to make and deliver to him sufficient and heritable Infestments of the same: To be holdin of them or either of them, there Airs and Successors, as freely as the said William Porterfield, hath or might have held the same himself before, the said Sentence of forfaulture.  
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