THE TRYAL AND PROCESS OF High-Treason AND Doom of Forfaulture AGAINST Mr. Robert Baillie of Jerviswood TRAITOR By His Majesties special Command As a further proof of the late Fanatical Conspiracy Edinburgh Printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty Anno DOM. 1685. The Tryal and Process of High-Treason and Doom of Forefaulture against Mr. Robert Baillie of Jerviswood Traitor CVria Justiciariae S. D. N. Regis tenta in praetorio burgi de Edinburgh vigesâ—mo tertio die mensis Decembris 1684. Per nobilem Potentem Comitem Georgium Comitem de Linlithgow Dominum Livingstoun c. Justiciarium generalem totius Regni Scotiae honorabiles viros Domines Jacobum Foulis de Colintoun Justiciariae Clericum Joannem Lockhart de Castlehill Davidem Balfour de Forret Rogerum Hoge de Harcarss Alexandrum Seaton de Pitmedden Patricium Lyon de Carss Commissionarios Justiciariae dicti S. D. N. Regis Curia legitime affirmata Intran Mr. Robert Baillie of Jerviswood Prisoner INdited and accused that where notwithstanding by the Common Law of this and all other well Governed Nations the Conspiring to overturn the Government of the Monarchy or of the Established Government of this Kingdom or the concealing and not revealing of any Treasonable Design Project or Discourse tending thereto Or the assisting aiding or abaiting such as have any such Designs does infer the Pains and Punishment of Treason And by the third Act of the first Parliament of King James the First The Rebelling openly against the Kings Person and by the thretty seventh Act of His second Parliament The Resetting Maintaining or doing favours to open or not our Rebellers against the Kings Majesty is Declared Treason and punishable by Forefaulture And by the hundred fourty and fourth Act of the twelfth Parliament of King James the Sixth It is Declared Treason to Reset Supply or Intercommune with Traitors And by the first Act of the first Session of His Majesties first Parliament It is Declared That it shall be High Treason for the Subjects of this Realm or any number of them less or more upon any ground or pretext whatsomever to rise or continue in Arms to make Peace or War without His Majesties special Approbation And by the second Act of the second Session of His Majesties said first Parliament To Plot Contrive or intend Death or Destruction or to put any Restraint upon His Majesties Royal Person or to Deprive Depose or Suspend Him from the Exercise of His Royal Government or to levy War or take up Arms against His Majesty or any Commissionated by Him or to intice any Strangers or others to Invade any of His Majesties Dominions or to Write Print or Speak any thing that may express or declare such their Treasonable Intentions is declared Treason and punishable as such Likeas by the second Act of His Majesties third Parliament It is Declared High Treason in any of the Subjects of this Realm by Writing Speaking or any other manner of way to endeavour the alteration Suspension or Diversion of the Right of Succession or debarring the next lawful Successour Nevertheless it is of verity that the said Mr. Robert Baillie of Jerviswood shaking of all fear of God respect and regard to His Majesties Authority and Laws and having conceived most unjustly a great and extraordinary malice and hatred against His Majesties Person and Government and having designed most Traiterously to debar His Royal Highness His Majesties only Brother from His due Right of Succession did amongst many other Traiterous Acts tending to promove that wicked Design endeavour to get himself Elected one of the Commissioners for Negotiating the settlement of a Colony of this Nation in Carolina in one or other of the dayes of the Moneths of January February March April or May One thousand six hundred and eighty three years and that he might thereby have the freer and better access to Treat with the Earls of Shaftsbury and Essex the Lord Russel and others who had entered into a Conspiracy in England against His Majesties Person and Government and with Colonel Rumsay Walcot West and Ferguson and others who had likewise Conspired the Murder of His Majesties Sacred Person and of the Person of His Royal Highness and finding that he could not get himself Elected one of the said Commissioners he resolved to go to London upon his own expenses and declared to severals whom he took great pains to draw inâ—o be his accomplices that his Design was to push foreward the People of England who did nothing but talk that they might go on effectually and after he had settled a Correspondency here he did go up to London in one or other of the saids Moneths with Sir John Cochran and Commissar Monro and did then and there Transact with the saids Conspirators or one or other of them to get a sum of Money to the late Earl of Argile a Declaired Traitor for bringing home of Men and Arms for raising a Rebellion against His Majesty and invading this his Native Countrey and so earnest was he in the said Design that he did chide those English Conspirators for not sending the same timeously and lamented the delayes used in it and perswaded the late Earl of Argile and others in his name to accept of any sum rather than not to engage and amongst the many meetings that he had at London for carrying on the said Traiterous design there was one at his own Chamber where he did meet with the Lord Melvil Sir John Cochran and the Cessnocks Elder and Younger and amongst others with Mr. William Veatch a declared Traitor and there he did treat of the carying on of the said Rebellion and of the money to be furnished by the English for Argyle for buying of Armes And that if the Scots would attempt any thing for their own relief they would get assistance of Horse from England and from that meeting he or ane or other of them did send down Mr. Robert Martin to prevent any rysing till it should be seasonable for carying on of their Designs which Mr. Robert after he came to Scotland did treat with Polwart and others for carying on of the said Rebellion by securing His Majesties Officers of State His Castles and Forces and by putting his Correspondents here and there Associats in readiness to assist the late Earl of Argyle and after the said Mr. Baillie had engadged many of his Countrey-men in England and had assured his Correspondantts here that the English were resolved to seclud his Royal-Highness from his due right of Succession thereby to encourage them to concur in the said Rebellion and Exclusion he flew to that hight that he did particularly and closly correspond with Mr. Robert Ferguson Sir Thomas Armstrong Collonel Rumsay and Walcot who were accessory to that horrid part of the Conspiracy which was designed against the Sacred Life of His Majesty and the Life of His Royal-Highness and did sit up several
to give it and the Letter to Mr. Ferguson and he to shew it to the Duke of Monmouth but what was done in it the Deponent knows not The Deponent heard the Design of Killing the King and Duke from Mr. Shepard who told the Deponent some were full upon it The Deponent heard that Aron Smith was sent by those in England to call Sir John Cochran on the account of Carolina but that he does not know Aron Smith or any more of that matter not being concerned in it Shepard named young Hamden frequently as concerned in these Matters Signed at Edinburgh Castle the 8. of September 1684. and renewed the 18 of the same Moneth William Carstares PERTH CANCELL I. P. D. Edinburgh Castle 18 September 1684. MR. William Carstares being again Examined adheres to his former Deposition in all the parts of it and Depones he knows of no Correspondence betwixt Scotland and England except by Martin before named for those Gentlemen to whom he was sent were left to follow their own Methods Veitch sometimes as the Deponent remembers stayed sometimes at Nicolson Stablerâ—s House at London-wall sometimes with one Widow Hardcastle in More-fields The Deponent did Communicate the Design on foot to Doctor Owen Mr. Griffil and Mr. Meed at Stepney who all concurred in the promoting of it and were desirous it should take effect and to one Mr. Freth in the Temple Councellor at Law who said that he would see what he could do in reference to the Money but there having gone a Report that there was no Money to be raised he did nothing in it nor does the Deponent think him any more concerned in the Affair Nelthrop frequently spoke to the Deponent of the Money to be sent to Argyle whether it was got or not but the Deponent used no freedom with him in the Affair Goodenough did insinuate once that the Lords were not inclined to the thing and that before they would see what they could do in the City The Deponent saw Mr. Ferguson and Mr. Rumsay lurking after the Plot broke out before the Proclamation having gone to Ferguson in the back of Bishopsgate-street at some new Building whether he was directed by Jerviswood who was desirous to know how things went Rumsay was not of the Deponent his acquaintance before but they knew as little of the matter as the Deponent This is what the Deponent remembers and if any thing come to his Memory he is to deliver it in betwixt and the first of October And this is the truth as he shall answer to God William Carstares PERTH Cancell I. P. D. At Edinburgh the 22. of December 1684. THese foregoing Depositions Subscribed by Mr. William Carstares Deponent and by the Lord Chancellor were acknowledged on Oath by the said Mr. William Carstares to be his true Depositions and that the Subscriptions were his in presence of us Undersubscribers William Carstares PERTH Cancell David Falconer George Mckenzie Queensberry Athol HIs Majesties Advocat for further probation adduces the Examinations of Mr. Shepard taken before Sir Leolin Jenkins Secretary of State for England with the Information or Deposition of Mr. Zachary Bourn relating to the Plot sign'd by him and Secretary Jenkins of which Depositions the tenors follow THe Examination of Thomas Shepard of London Merchant taken upon Oath before the Right Honourable Sir Leolin Jenkins Knight His Majesties Principal Secretary of State the 23. day of December 1683. THe Deponent saith That Ferguson told him on or about the Moneth of April last that an Insurrection was intended both in England and in Scotland and that for the settling that Affair betwixt the two Nations Mr. Baillie Mr. Monro Sir John Cochran Sir Hugh and Sir George Campbels with some others whose names this Deponent heard not were come to London That the Deponent had some acquaintance with Mr. Baillie Mr. Monro and Sir John Cochran and none at all with Sir Hugh and Sir George Campbels that Mr. Baillie told the Deponent that the Earl of Argile demanded Thirty Thousand Pounds of the English to capacitat him to begin the business effectually in Scotland and that he the said Baillie likewise told the Deponent that having concerted things with the Lord Russel and others he the said Baillie found an impossibility of raising that Sum After which the said Baillie had acquainted the Deponent that they were certainly promised Ten Thousand Pounds which Sum was agreed to be payed into the Deponents hands in order to be remitted into Holland for the providing of Arms and that the said Baillie told the Deponent at divers times that the said Sum or at least one half of it would be payed such a day and such a day and sometimes asked the Deponent if he had received any part of the said Money to which the Deponent replyed that he had not and that he the Deponent scarce thought any would be payed And the Deponent also saith that having had some little conversation with Sir John Cochran he remembers well that both of them did sometimes lament the delays in not paying in the Money and said that although the said Ten thousand Pounds were pay'd in they the said Sir John Cochran and Mr. Monro fear'd it would be too little and this Deponent further sayeth not as to any new matter But the Deponent being asked to Explain what he thought was meant by the words above written viâ—s to capacitat him the Earl of Argile to begin the business he this Deponent sayeth that he did understand by the Word business an Insurrection in Scotland Sic. subscribitur Thomas Shepard Jurat coram L. Jenkins THe Information of Zachary Bourn of London Brewer taken upon Oath the tenth day of December 1683. before the Right honourable Mr. Secretary Jenkins THe Informant Deposeth and sayeth that Mr. Baillie sat up one Night if not two with Mr. Ferguson and went several times in the Evening with him to the Duke of Monmouth and the chief mannagers of the Conspiracy That Ferguson told the Deponent that he the said Baillie was the chief man for the Scots next to the Lord Argile that the said Baillie did sit up the greatest part of one night with the said Ferguson at which time this Deponent believeth they were busie in preparing the intended Declaration which the Deponent has the more reason to believe in as much as the said Ferguson did go about to show him the Deponent such a Paper wherein the said Ferguson was hindered by the coming up Stairs of some person to speak with the said Ferguson that the said Ferguson told the Deponent that the main business of the said Baillie in meeting the saids Conspirators was in order to get from them the Ten thousand Pounds promised for the buying of Arms for the Insurrection intended in Scotland That the Deponent saw Mr. William Carstares come often to the Lodgings of the said Ferguson but that the said Ferguson never told the Deponent of any Discourse held by him with the said
Teviotdale and Selkirk Shire would joyn with them And this is the truth as he shall answer to God Sic subscribitur Hugh Scot. Linlithgow I. P. D. HIs Majesties Advocat produc'd other Depositions emitted by Gallowshiels before the Lords of the Secret Committee whereof the Tenor follows Edinburgh the 14 of September 1684. GAllowsheils Depons that the E. of Tarras and Philiphaugh being in his House in May 1683. Discoursed of an intended rising in England and of Proposals made to Scots men to rise with them and of London in particular and that Polwort was present at that Meeting and told he was sure the Englishmen intended so and that it was Discoursed at that Meeting amongst them that it were fit to seize Berwick and Stirling and that it was talked amongst them of bringing the Duke of York to Tryal and that the King would abandon him Sic Subscribitur Hugh Scot. Perth Cancel Queensberry George Mckenzie Jo. Drummond George Mckenzie Edinburgh October 29. 1684. Sederunt Lord Chancellour Lord President Lord Secretary Lord Advocat THe Laird of Gallowsheils Prisoner in the Tolbuith of Edinburgh being Call'd and Examin'd upon Oath Depons that in the Moneth of May 1683. The E. of Tarras Hume of Polwert Elder and Laird of Philiphaugh came to the Deponents House himself being absent at his coming home they were speaking of the Security of the Protestant Religion and of a Party in England who would secure or seize the King or Duke and that if any should rise in Arms to Defend them or to rescue the King and Duke There was another Party who would rise in Arms against them it was proposed that some Countrey men should be spoken to to try their Resolutions and that the Resolutions of England should be told them to see if they would concur But the Deponent does not remember that this proposition was approven or undertaken to be done by any present nor does he remember who mannag'd the Discourse It was likewise propos'd to seize the Officers of State especially the Chancellour and Thesaurer and they said Sir John Cochran was to come to the West from England for advancement of the Design and that the Earl of Argile was to Land in the West-Highlands and to raise that Countrey Of these matters all these who were present Discoursed as of an Affair that they were agitating and wherein themselves were particularly concerned though at that time they did not conclude what their carriage should be The reason why the Deponent cannot be more particulars is because he was sometimes going out and sometimes walking up and down the Room and though the Deponent cannot be positive of the very words yet he is positive they were either these Words or Words to that purpose Sic subscribitur Hugh Scot. Perth Cancellarius Edinburgh December 23. 1684. HVgh Scot of Gallowsheils being solemnly Sworn in presence of the Justices and Assize adheres to the Depositions within and above-written in all points Sic subscribitur Hugh Scot. Linlithgow I. P. D. HIs Majesties Advocat in fortification of the former Probation adduces the Printed Copy of Mr. William Carstares Depositions emitted before the Officers of State and other Lords of Privy Council and leaves the same to the Assise and uses it as an Adminicle of Probation for though it was capitulat that he should not be made use of as a Witness yet it was agreed that the Deposition should be published and likewise produces the Principal Deposition signed by himself and the saids Lords THe Lords Justice-General Justice-Clerk and Commissioners of Justiciary admit the Paper produced as an Adminicle and refers the import thereof to the Inquest and ordains the Printed Paper as it is Collationed to be taken in and considered by the Inquest SIr William Paterson and Mr. Colin Mckenzie Clerks of His Majesties Privy Council being Interrogat if they heard Mr. William Carstares own the Depositions Read Depons they saw and heard him Swear and own the same upon Oath and they Collationed the Printed Copie with the Original formerly and now they heard it Collationed Sic subscribitur Will. Paterson Colin Mckenzie THe Deposition of Mr. William Carstares when he was Examined before the Lords of Secret Committee given in by him and renewed upon Oath upon the 22. of December 1684. in presence of the Lords of His Majesties Privy Council Edinburgh Castle September 8. 1684. MR. William Carstares being Examined upon Oath conform to the Condescention given in by him and on the Terms therein-mentioned Depons That about November or December 1682. James Stuart Brother to the Laird of Cultness wrot a Letter to him from Holland importing that if any considerable sum of Money could be procur'd from England that something of importance might be done in Scotland The which Letter the Deponent had an inclination to inform Shepherd in Abb-Church-lane Merchant in London of but before he could do it he wrot to Mr. Stuart above-nam'd to know from him if he might do it and Mr. Stuart having consented he communicat the said Letter to Mr. Shepherd who told the Deponent that he would communicat the Contents of it to some persons in England but did at that time name no body as the Deponent thinks Sometime thereafter Mr. Shepherd told the Deponent that he had communicat the Contents of the Letter above-named to Colonel Sidney and that Colonel Dunvers was present and told the Deponent that Colonel Sidney was averse from imploying the late Earl of Argile or medling with him judging him a man too much affected to the Royal Family and inclin'd to the present Church-Government yet Mr. Shepherd being put upon it by the Deponent still urg'd that one might be sent to the Earl of Argile but as Mr. Shepherd told him he was suspected upon the account of his urging so much yet afterwards he press'd without the Deponents knowledge that the Deponent being to go to Holland however might have some Commission to the Earl of Argile which he having inform'd the Deponent of the Deponent told him that he himself would not be concern'd but if they would send another he would introduce him but nothing of this was done upon which the Deponent went over without any Commission from any body to Holland never meeting with James Stuart above-nam'd He was introduc'd to the Earl of Argile with whom he had never before convers'd and did there Discourse what had past betwixt Mr. Shepherd and him and particularly about remitting of Money to the said Earl from England of which the said Mr. Stuart had written to the Deponent namely of 30000 pounds Sterling and of the raising of 1000 Horse and Dragoons and the securing the Castle of Edinburgh as a matter of the greatest importance The method of doing this was propos'd by the Deponent to be one hour or thereby after the relieving of the Guards But the Earl did not relish this Proposition as dangerous and that the Castles would fall of consequence after the Work abroad was done James
Stuart was of the Deponents Opinion for seizing the Castle because it would secure Edinburgh the Magazins and Arms as to the 1000 Horse and Dragoons My Lord Argile was of Opinion that without them nothing was to be done and that if that number were rais'd in England to the said Earl he would come into Scotland with them and that there being so few Horse and Dragoons to meet them he judg'd he might get the Countrey without trouble having such a standing Body for their Friends to Rendezvous to and the said Earl said he could show the Deponent the conventient places for Landing if he understood and as the Deponent remembers where the Ships could attend The Deponent remembers not the names of the places The Deponent spoke to the Lord Stairs but cannot be positive that he nam'd the Affair to him but found him shy but the Earl of Argile told him he thought Stairs might be gain'd to them And that the Earl of Lowdoun being a man of good Reason and disobliged would have great influence upon the Countrey and recommended the Deponent to Major Holms with whom the Deponent had some acquaintance before and had brought over a Letter from him to the Earl of Argyle but the Deponent had not then communicate any thing to the said Holms James Steuart laid down a way of correspondence by Cyphers and false Names and sent them over to Holms and the Deponent for their use which Cyphers and Names are now in the hands of His Majesties Officers as the Deponent supposes and did desire the Deponent earnestly to propose the 30000. pound Sterling above-named to the party in England and did not propose any less for as the Earl told the Deponent he had particularly calculate the Expence for Arms Ammunition c. But James Steuart said that if some less could be had the Earl would content himself if better might not be but the Earl always said that there was nothing to be done without the body of Horse and Dragoons above-mentioned During the time of the Deponent his abode in Holland tho he had several Letters from Shepard yet there was no satisfactory account till some time after the Deponent parted from the Earl of Argyle and was making for a Ship at Rotterdam to transport himself to England James Steuart wrot to him that there was hopes of the Money The next day after the Deponent came to England he met with Sir John Cochran who with Commissar Monro and Jerviswood was at London before he came over and depons that he knows not the account of their coming more then for the perfecting the Transaction about Carolina and having acquainted Sir John Cochran with the Earls demands of the 30000 pound Sterling and the 1000. Horse and Dragoons Sir John carried him to the Lord Russel to whom the Deponent proposed the affair but being an absolute Stranger to the Deponent had no return from him at that time but afterwards having met him accidently at Mr. Shepards house where he the Lord Bussel had come to speak to Shepard about the Money abovenamed as Mr. Shepard told the Deponent The Deponent when they were done speaking desired to speak to the Lord Russel which the Lord Russel did and having reiterate the former Proposition for the 30000. pound Sterling and the 1000. Horse and Dragoons he the Lord Russel told the Deponent they could not get so much raised at the time but if they had 10000. pound to begin that would draw People in and when they were once in they would soon be brought to more but as for the 1000. Horse and Dragoons he could say nothing at the present for that behoved to be concerted upon the Borders The Deponent made the same proposal to Mr. Ferguson who was much concerned in the Affair and zealous for the promoving of it This Mr. Ferguson had in October or November before as the Deponent remembers in a Conversation with the Deponent in Cheap-fide or the Street somewhere thereabout said that for the saving of innocent Blood it would be necessary to cut off a few insinuating the King and Duke but cannot be positive whether he named them or not to which the Deponent said that 's work for our wild People in Scotland my Conscience does not serve me for such things after which the Deponent had never any particular discourse with Ferguson as to that matter but as to the other Affair Ferguson told the Deponent that he was doing what he could to get it effectuate as particularly that he spoke to one Major Wildman who is not of the Deponent his acquaintance Ferguson blamed always Sidney as driving designs of his own The Deponent met twice or thrice with the Lord Melvil Sir John Cochran Jerviswood Commissar Monro the two Cessnocks Mongomery of Langshaw and one Mr. Veitch where they discoursed of Money to be sent to Argyle in order to the carrying on the Affair and tho he cannot be positive the Affair was named yet it was understood by himself and as he conceives by all present to be for rising in Arms for rectifying the Government Commissary Monro Lord Melvil and the two Cessnocks were against medling with the English because they judged them men that would talk and would not do but were more inclined to do something by themselves if it could be done The Lord Melvil thought every thing hazardous and therefore the Deponent cannot say he was positive in any thing but was most inclined to have the Duke of Monmouth to head them in Scotland of which no particular method was laid down Jerviswood the Deponent and Mr. Veitch were for taking Money at one of these Meetings It was resolved that Mr. Martin late Clerk to the Justice Court should be sent to Scotland to desire their Friends to hinder the Countrey from Rising or taking rash Resolutions upon the account of the Council till they should see how matters went in England The said Martin did go at the Charges of the Gentlemen of the Meeting and was directed to the Laird of Polwart and Torwoodlie who sent back word that it would not be found so easie a matter to get the Gentrie of Scotland to concur But afterwards in a Letter to Commissar Monro Polwart wrot that the Countrey was readier to concur than they had imagined or something to that purpose The Deponent as above-said having brought over a Key from Holland to serve himself and Major Holms he remembers not that ever he had an exact Copy of it but that sometimes the one sometimes the other keeped It and so it chanced to be in his custody when a Letter from the Earl of Argyle came to Major Holms intimating that he would joyn with the Duke of Monmouth and follow his measures or obey his Directions This Mr. Veitch thought fit to communicate to the Duke of Monmouth and for the Understanding of it was brought to the Deponent and he gave the Key to Mr. Veitch who as the Deponent was informed was
Crime which uses not to be prov'd by clear witnesses I may lead you thorow all the steps of the Probation which like the links of a Chain hang upon one another You will be pleased to consider that 1. It is proved that he desired a blind Commission to go to England not to manage the affairs of the Carolina Company as he confess'd but to push the People of England to do something for themselves because they did only talk and not do and what he would have them to do appears too clearly because he tells the Earl of Tarras it was probable that if the King were briskly put to it by the Parliament of England he would consent to exclude the Duke from the Succession here is not only a Treasonable Design though a design be sufficient in Treason but here are express acts of Treason proved viz. The treating with the Earl of Tarras upon this Design the settling a Correspondence with him for the prosecution of it and the writing Letters from London to him concerning it and the sending down Mr. Martin to compleat it by a general Rising As he design'd to push on the English so he prosecutes closely this Design upon all occasions On the Road he complains cunningly and bitterly that our Lives Laws and Liberties and the Protestant Religion were in danger the stile and method of all such as design to Rebel after he arrives at London he engages the Conspirators there to assist the late Earl of Argile a declar'd Traitor with Money to buy Arms this was indeed to push the English to do the most dangerous things by the most dangerous man and in the most dangerous methods He enters also in a strict Correspondence with Ferguson the Contriver with Shepard the Thesaurer and Carstares the Chaplain of the Conspiracy Alexander Monro another present Witness proves that he argued with him that it was necessary to give Argile Money expressly for carrying on the Rebellion and that they did meet at Jerviswoods Chamber where this was spoke of and from which Mr. Robert Martin was sent to their Friends in Scotland to know what they would do and though the silly caution was that they sent him to prevent their rising yet a man must renounce common sense not to see that the design was to incite them to Rebellion and to prevent only their doing any thing in this rebellious design by which they might lose themselves in a too early and abortive Insurrection here till things were ready in England For 1. This Comission was given him in a place and by a Company who had been themselves treating immediatly before of sending Money to the late E. of Argile to buy Arms and certainly those Arms were to be bought for Men and not for a Magazine 2. They were treating how many Men could be raised in Scotland 3. Carstares Deposition bears that Martin was sent to hinder rash Resolutions till they saw how Matters went in England and the return to their Embassy bore that it would not be an easie matter to get the Gentry of Scotland to concur but afterwards better hopes of their rising was given which could not have been if the true Commission had not been to raise Scotland 4. That Sir John Cochran made a Speech to that purpose is expressly prov'd and that Jerviswood spoke to the same purpose is prov'd by a necessary consequence for since it 's prov'd that he spoke and that he did not speak against it it must necessarily follow that he spoke for it though the Witness is so cautious that he cannot condescend upon the words now after so long a time and it is against Sense to think that Jerviswood who in privat press'd the same so much upon Commissar Monro and who was the Deacon-Conveener here and who as Mr. Martin their Envoy declared was the person who was to be sent for the Arms should not himself have been the most forward man in that Design but above all exitus acta probat this Commissioner who being a meer Servant durst not have proposed any thing from himself being a mean Person and being one who as the Earl of Tarras deposes would say nothing but what was in his Paper does expresly declare that he came from Jerviswood and others and in the meeting with him a Rebellion is actually formed and it is resolved they should seize the King's Officers of State Garisons and Forces and that they should joyn with the late E. of Argyle and put their own Forces in a condition to joyn with these Forces that were to come from England and they gave a Sign and a Word which uses only to be done in actual War So here is Treason clearly prov'd by two present Witnesses from the first Design to it's last perfection Nor can it be objected that they are not concurring Witnesses but testes singulares upon separat Acts for in reiterable Crimes Witnesses deposing upon different Acts do prove if the deeds tend to the same end as for instance if one Witnes should depose that they saw a Traitor sit in a Council of War in one place and in another place they saw him in Arms or that one saw him assist at a Proclamation in one place and saw him in Arms in another or that one saw him writ a Treasonable Paper and another saw him use it These Witnesses are still considered as contestes or concurring Witnesses and ten or twelve Inqueists have so found and upon their Verdict Rebells have been lately hang'd The learn'd Judges of England being all met together did expresly find that one Witnes proving that A. B. said that he was going to buy a Knife to kill the King and another deposing that he saw him buy a Knife without telling for what that these two Witnesses were contestes and prov'd sufficiently the Cryme of Treason yet there the one Witnes prov'd only a remote Design and the other an Act which was indifferent of it's own nature and became only Treasonable by the Connexion But no VVitnesses ever Deposed upon things so coherent and so connected together as these do for they depose still upon the same person carrying on the same Design of a Rebellion as to which in one place he is exciting his own Nephew and telling him his Resolutions and settling a Correspondence with him at another time he presses Commissar Monro to the same Rebellion At a third He holds a meeting at his own Chamber and speaks concerning it and from that meeting he sends a Trusty who formes the Rebellion Besides all this tho two VVitnesses be sufficient I have adduced Mr. William Carstares Chief Conspirator and who choos'd rather to suffer violent Torture than to disclose it he likewise Deposes upon all these steps and connects them together and this his Deposition is twice reiterated upon Oath after much premeditation And I likewise adduce two Depositions taken upon Oath by Sir Leolin Jenkins who was impower'd by the Law of England and at the command