Comitem de Linlithgow Dominum Livingstoun c. Iusticiarium generalem totius Regni Scotiae honorabiles viros Dominos Jacobum Foulis de Colintoun Iusticiariae Clericum Ioannem Lockhart de Castlehill Davidem Balfour de Forret Rogerum Hoge de Harcarss Alexandrum Seaton de Pitmedden Patricium Lyon de Carss Commissionarios Iusticiariae 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 Iames 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 notour 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 Iames 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 it 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 â—ubjects of this Realm by Writing Speaking or any other maâ—ner of way to endeavour the alteration Suspension or Diversion of the â—ight of Succession or debarring the next lawful Successour Nevertheless it is oâ— veâ—ity that the said Mr. Robert Baillie of Ierviswood shaking off 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 Traâ—â—erously 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 days of the Moneths of Ianuary 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 Russeb and others who had entered into a Conspiracy in England against His Majesties Person and Government and with Colonel Rumsay Walcot West and Ferguson and others who had likewise Conspired the Murder of His Majesties Sacred Person and of the Person of His Royal Highness and finding that he could not get himself Elected one of the said Commissioners he resolved to go to London upon his own expenses and declared to severals whom he took great pains to draw in to 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 Iohn 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 hâ—d 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 Iohn Cochran and the Câ—ssnocks 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 Palwart 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 Associates 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 Correspondants 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 slew to that hight that he did particularly and closly correspond with Mr. Robert Ferguson Sir Thomas Armstrong Collonel Rumsay and Walcot who were accessory to that horrid part of the Conspiracy which was designed against the sacred Life of His Majesty and the Life of His Royal-Highness and did sit up several nights with them concerting that bloody Massacer at least the said Mr. Robert Baillie of Ierviswood was and is guilty of having correspondence with the late Earl of Argyle and Mr. William Veatch declared Traitors and of being art and part of an Conspiracy for assisting of these who were to rise in arms against His Sacred Majesty and for exclusion of His Royal Brother and of concealing and not revealing the accession and proposals of others for that effect Wherethrow he has committed and is guilty of the Crymes of High Treason Rebellion and others above specified and is
Edinburgh Castle the 8. of September 1684. and renewed the 18 of the same Month. 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 an Nicolson Stabler's House at London-wall sometimes with one Widow Hardcastle in More-fields The Deponent did Communicate the Design on foot to Doctor Owen Mr. Griffil and Mr. Meed at Stepney who all concurred in the promoting of it and were desirous it should take effect and to one Mr. Freth in the Temple Councellor at Law who said that he would see what he could do in reference to the Money but there having gone a Report that there was no Money to be raised he did nothing in it nor does the Deponent think him any more concerned in the Affair Nelthrop frequently spoke to the Deponent of the Money to be sent to Argyle whether it was got or not but the Deponent used no freedom with him in the Affair Goodenough did insinuate once that the Lords were not inclined to the thing and that before they would see what they could do in the City The Deponent saw Mr. Ferguson and Mr. Rumsay lurking after the Plot broke out before the Proclamation having gone to Ferguson in the back of Bishopsgate-street at some new Building whether he was directed by Ierviswood who was desirous to know how things went Rumsay was not oâ— 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 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 Under subscribers William Carstares PERTH Cancell David Falconer Queensberry George Mckenzie Athol HIs Majesties Advocat for further probation adduces the Examinations of Mr Shepard taken before Sir Leolin Ienkins Secretary of State for England with the Information or Deposition of Mr. Zachary Bourn relating to the Plot sign'd by him and Secretary Ienkins 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 Paincipal 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 Iohn 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 Iohn 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 Iohn 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 Iohn Cochran and Mr. Monro fearâ—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 viz. 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 Iurat coram Thomas Shepard L. Ienkins THe Information of Zachary Bourn of London Brewer taken upon Oath the tenth day of December 1683. before the Right honourable Mr. Secretary Ienkins THe Informant Deposeth and sayeth that Mr. Baillie set up one Night if not two with Mr. Ferguson and went several times in the Evening with him to the Duke of Monmouth and the chief mannagers of the Conspiracy That Ferguson told the Deponent that he the said Baillie was the chief man for the Scots next to the Lord Argile that the said Baillie did sit up the greatest part of one night with the said Ferguson at which time this Deponent believeth they were busie in preparing the intended Declaration which the Deponent has the more reason to believe in as much as the said Ferguson did go about to show him the Deponent such a Paper wherein the said Ferguson was hindered by the coming up Stairs of some person to speak with the said Ferguson that the said Ferguson told the Deponent that the main business of the said Baillie in meeting the saids Conspirators was in order to get from them the Ten thousand Pounds promised for the buying of Arms for the Insurrection intended in Scotland That the Deponent saw Mr. William Carstares come often to the Lodgings of the said Ferguson but that the said Ferguson never told the Deponent of any Discourse held by him with the said Carstares and further this Deponent saith not sic subscribitur Zac. Bourn Iurat coram L. Ienkins HIs Majesties Advocate likewise produced several Warrands and Papers to prove that those Depositions are sign'd by Sir Leolin Ienkins HIs Majesties Advocate also produced the Books of Adjournal bearing Mr. William Veitch to be a Forefault Traitor and the Act of Parliament whereby the Forefaulture is Ratified His Majesties Advocat's Speech to the Inquest My Lords and Gentlemen YOu have now a Conspiracy against His Majesties Sacred Person and Royal Government so fully discover'd that they must want Reason as
Factors home who are gone to try how the Countrey will like such Goods as they are for or against the making sale of Friends I mean Merchants wrote to me that after I had spoken to you possibly you might come this way the better thereby to advise them what to do in this case for I have signified somewhat of it to them but not so far as this because I thought to have seen you long ere this time But I hope you will not misconstruct of my staying seing in it I designed nothing but advancement of our Trade but once this Week these Factors sent for will be here and then matters will in instanti either off or on break or go thorow Wherefore in reference to Friends I desire you will advise me what to do if you cannot or think it not convenient to come here if you do let a Letter preceed and if any strange thing fall out this Week or the next I will again post it towards you I think when this and the next Week is gone and no News come from you that I shall set forward being still so ready as that in 12 hours I can bid adieu The Whiggs are very low as well in City as in the Suburbs all Meetings being every Sunday beset with Constables to keep them out and what they get is stollen either at evening or morning This Winter many of the great Bankers and Goldsmiths in Lombardstreet are broken and gone The Baâ—tam Factory in the Indies is taken by the Dutch Confusion Confusion in Town and Countrey such as you never saw Mrs. Ward and several others desire to be remembred to you My endeared respects to your self and B. with the young men arrived This I have writ in short and in hast expecting a Line with as great hast as you see is needful for Matters are full as high as I tell you Farewel From your Friend and Servant while Io. N. Postscript Be sure that you direct not for Bednal-green but for me at Mr. Mead's in Stepney near London By this time the Conspiracy had broke out in England and by the Papers sent down from the Council-board there to the King's Officers in Scotland it was plain that Argile and some other Scotsmen had joyned in the Conspiracy as appears by what follows The Abstract of the English Depositions THomas Shephard on the 29. of Iune 1683. deposed That Mr. Ferguson told him of an General Insurrection intended in England and Scotland and that in order to it Sir Iohn Cochran Mr. Baille of Ierviswood Mr. Monro Sir Hugh Campbel and Sir George Campbel of Cesnocks were come up to treat with the Englishmen about it and that Argile had made a Proposition offering for 30000. pound to begin the Rebellion in Scotland and to raise a great Force and ere it were undone he would begin with 10000. That Mr. Baillie of Ierviswood told him frequently what Steps were made in this and that the Lord Russel c. had agreed to raise 5000. pound and that they expected the other 5000. pound to be raised in the City which failing the Scots-men were to go beyond Sea and that Baillie told him he had advised the Earl of Argile to accept of this 10000. Pound and that he would remit it into Shepards hand and that Mr. Charleton had undertaken to raise the 10000 pound The said Shepard declares that he spoke with Commissar Monro sometimes of this Money and that Sir Iohn Cochran knows of it also and that Monro complained to him that it was too little and that the delay of paying it would ruin them all On the 24. of August the said Shepard declares that Baillie did send Carsteres to him to speak further of these things and that Sir Iohn Cochran did also regrate the delay in payment of the Money all this the said Shepard deposes upon Oath as is contain'd in his Deposition repeated in the following Process Page 23. MAjor Holms declares That he knew from Mr. Carstares that some person proposed the raising of 30000. pound to be given to Argile for buying of Arms towards his going into Scotland and that 10000. pound was agreed upon that the Duke of Monmouth and Lord Russel did send him word by Carstares that the Money was to be remitted to Argile for the said end and that he the said Holmes had writ so much to Argile at Carstares desire that Argile did send to him many Letters in Cyphers and that Mr. Spence knew how to direct them that he shew'd some of Argiles Letters to Carstares and that Carstares had often spoke to him both in the Coffee-House and Exchange about Argiles going into Scotland to carry on the Conspiracy that he cannot Decypher the long Letter marked Number 3. nor can he positively say to whom it was directed but was to have been carried by Carstares to Ferguson and by him to the other chief men concerned in the Design That the Letters marked Number 2 is from the Countess of Argile to her Husband and that the Letter marked Number 5 was from Argile to his Lady which he knew by a Mark on the back That Spence went by the name of Butler and that the late Earl of Argiles Letters were direct to him by Spence That Castares told him the persons concerned had condescended to give 10000. pounds to Argile that he did so write to Argile and that Argile had writ to him that 30000. pounds was the least he could accept of This was given in by Holms on the 3. and 7. of December 1683. ZEchariah Bourn on the 10. of December 1683. before Secretary Ienkins deposeth That Mr. Baillie did sit up a Night or two with Mr. Ferguson in the Deponents House and that they went several times to the Managers of the Conspiracy that Ferguson told him their main Business with the Conspirators was for getting 10000. pound promis'd to promove the Insurrection in Scotland and that Baillie was the chief man in it next to Argile that Ferguson told him he was to go over with the Bills of Exchange and that Argile was to command the Scots RObert West declares That Ferguson told him that Argile would raise a sturdy Commotion in Scotland if he had but 6000. pounds that Cessnock Sir Iohn Cochran and other Scots were come up to London under pretence of treating for Carolina but in truth to consert matters for a Design in Scotland ON the 29th of Iuly 1683. Hepburn a Scots Vagrant Minister declared that he knew by several Hands and Persons that there was a Plot and a rising intended both in Scotland and England All these Depositions were taken in England except Earlstons and Campbels After this one Mr. Spence who past under the name of Butler being apprehended there was sent to Scotland Major Holms declared that Spence did pass under the name of Butler that he came over from Holland with a Cargo of Argiles Books to disperse them that he landed at Harwich that he could
no more then that the Objection regulariter procedit in Crimes which of their own nature are not perdifficilis probationis and are not inter crimina excepta such as the Cryme of Conspiracy and Treason is MR. Williom Fletcher Oppons the Objection and Reply and further adds that albeit crimen loesae Majestatis be reckoned inter crimina excepta and so have some priviledge as to the qualification of Witnesses yet it cannot be denyed but there are some Objections competent against Witness adduced for proving Conspiracies and Treason verbi causa that a Witnes is a Capital Enemy or that he is sub potestate accusatoris and the Objection now pleaded being taken complexlie viz. That the Earl of Tarras is not only sucius criminis but also that he is publico judicio reus upon the same Crime and that as means to procure His Majesties savour he has submitted himself and come in His Majesties mercy by an acknowledgment of the Cryme before the Dyet of Citation he is obnoxious to a most just Objection viz. That he is sub potestate and by the submission and Confession his Life and Estate is now in His Majesties hands so that he is not only in the case of a reus confessus but in the case of a Witnes who does absolutely depend upon His Majesties Advocate the Pursuer and as a private accuser could not adduce his own Servants to be Witnesses because they are â—estes domestici and depend upon him so far less ought a Witnes to be adduced who not only depends as to his Estate but as to his Life and the Law gives a very good reason and which is mentioned by Paulus lib. 1. receptarum sententiarum cap. 12. parag ult In these words de se confâ—ssuâ— non est audiendus ut testis ne alienam salutem in dubium deducat qui de sua desperavit and as to the pretence that a Conjuration is a Cryme so occult that it must either be proven by such Witnesses or otherways the guilty person will escape It is answered that in this case His Majesties Advocate had an easie remedie â—or he might have pursued the Pannal before he pursued the Witness and the Terror and Apprehension of the event of a Process for Treason cannot be constructed otherways then to have influence upon the Deposition of the Witnes and as to the Citation out of Farinaâ—ius it is only in the case oâ— â—ocius â—riminis but when he comes to treat de â—este accusatio vel carcerato Quest. 56. articulo 4 to He sayes Regula sit in accusato quod is pendentâ— accusatione à testimonio repellitur and be the 2 d. Rule of the same Arâ—icle He sayes it is a principle quod carceratus testimonium ferre prohibetur and he gives this reason quia praesumitur quod falsum testimonium diceret pro aliquo qui ei promiserit se liberare a vinculo and limits this Rule that he must be carceratus propter crimen SIr Patrick Hume adds that it is a certain principle that any person that is guilty infamia juris cannot be a Witness no more than a person that is Convict and Condemned of Treason and if he were Convict and Condemned of Treason he could not be a Witness even in the case of Treason so neither can the Earl of Tarras in this case be received a Witness for he being adduced a Witness after he received his Indiâ—ment and confessed the Crime is equivalent as if he had been actuall Convict and whatever may be pretended that testes infames may be admitâ—ed yet it was never asserted by any Lawyer that a person Convict of Treason can be admitted a Witness THe Lords Repelled the Objection against the Earl of Tarras and ordains him to be received a Witness WAlter Earl of Tarras aged fourty years married purged and sworn being Interrogat if about the time that Sir Iohn Cochran and Commissar Monro got their Commission from the Carolina Company for London the Pannal Mr. Robert Baillie of Ierviswood did not desire the Deponent to speak to Commissar Monro to try if he could get him the â—aid Pannal added to that Commission Depones affirmative Being Interroâ—at if the said Ierviswood the Pannal did not tell the Deponent that he was resolved to go to London however upon his own Expenses and that his and their going about the Carolina Bussiness was but a pretence and a blind but that the true design was to push foreward the people of England who could do nothing but talk to go more effectually about their bussiness Depones affirmative Depones that the Pannal did settle a Correspondence with the Deponent whereby he was to give an account to the Deponent of what should pass betwixt the Countrey Party in England and the Scots men there and on the other hand the Deponent was to Write to him what occurred here Depones that the Pannal did say to the Deponent if the King would suffer the Parliament of England to sit and pass the Bill of Seclusion that that was the only way to secure the Protestant Religion Depones that the Pannal said to him that the King might be induced to do so if the Parliament would take sharp or brisk measures with Him or the like Depones these words were spoke to him by the Pannal since the holding of the last Session of this current Parliament and before the Pannal and Commissar Monro went for London Depons that after the Pannal went to London he did give the Deponent an account by Letters that things were in great Disorder there and that he hoped there would be effectual Courses taken to remeid them Depones that Mr. Robert Martin did come to Mr. Pringle of Torwoodlies House in May 1683. or thereby and brought a Letter to the Deponents Lady unsubscribed but the Deponent knows it was Ierviswoods Hand-writing who was then at London and that Mr. Martin told the Deponent that things in England were in great disorder and like to come to a hight and that the Countrey Party were considering on methods for securing the Protestant Religion And that Archibald sometime Earl of Argile was to get ten thousand pounds Sterling whereas thirty thousand pounds Sterling was sought by the Scotsmen at London which was to be sent over to Holland to provide Arms and that the late Earl of Argile was to Land with these Armes in the West-Highlands of Scotland and that the Deponents Friend Ierviswood the Pannal was to be sent over with the Money Depones that Philiphaugh and he went to Gallowshiels House where they met with Polwort and Gallowshiels and that it was talked amongst them there that in case those in England should rise in Arms that it was necessary in that Case that so many as could be got on the Borders should be in readiness to deal with Straglers and seize upon Horses and that thereafter they should joyn with those tâ—at were in Arms on the Borders of England Depons That in the
case foresaid it was said it was convenient the Castle of Stirling Berwick and some other Strengths should be seiz'd upon and it was likewise spoke amongst them that some persons should be employed to inquire what Arms was in that Countrey Depons That it was spoke then that the best time for Argyle was to land in the West when there was a stur in England or Scotland or words to that purpose Depons That every one desired another to speak to such particular persons as they could trust by letting a word fall indirectly upon supposition in case of the Rising in England concerning the Affair for preparing of them And that he was told by Philiphaugh thereafter that there was a Word and Sign to be used amongst them viz. the sign was by loosing a Button on the Breast and that the Word was Harmony Depons the Pannal spoke to the Deponent to advertise Torwoodlie that he might acquaint Mr. William Veitch a forfault Traitor who was in Northumberland that he might keep himself close and be on his guard lest he should be catch'd which was since the Pannal was Prisoner in the Tolbooth of Edinburgh And this is the truth as he shall answer to God Sic subscribitur Tarras Linlithgow I. P. D. ALexander Monro of Bear-crofts Aged fourty five Years or thereby solutus solemnly sworn and purg'd Depons that the Earl of Tarras proposed to the Deponent that Ierviswood might be made one of the Commissioners for the Affair of Carolina for that he could not safely stay at Home and that the Deponents answer was that he had no interest in the Affair and so could not be a Commissioner Depons that the Pannal did wait for the Deponent at Wooller and did go alongst with him to London and that by the way he heard him regrate his own hazard and others because of Blackwoods Sentence and that he heard him regrate the hazard our Laws and Liberties and the Protestant Religion were in Depons that the Pannal spoke to the Deponent and others more then once at London for getting of Money from the English to be sent to the late Earl of Argile for bringing home Arms for the said Earls use as he understood for carrying on an Insurrection and Rebellion in Scotland Depons that at the time libelled in Ierviswoods Chamber in London Mr. William Veitch a forfault Traitor was present and that Sir Iohn Cochran did at that Meeting expressly speak of Money to be sent to Argile for bringing home Arms for invading the Kingdom of Scotland And that at another occasion he heard some of them say that there would be twenty Thousand Men in Scotland who would assist the Rebellion and that he heard Sir Iohn Cochran and Ierviswood speaking of it but cannot be positive which of the two said it Depons that at the Meeting he heard Ierviswood speak but did not hear him oppose that Treasonable Proposal or contradict the Overture proposed by Sir Iohn Cochran Depons that Mr. Robert Martin was sent down from that Meeting which was at Ierviswoods Chamber to Scotland to try what the People of Scotland would do for their own safety And that it was understood that the people of Scotland should not rise till there should be a rising in England and that the Commission was granted to Mr. Robert Martin by all the persons present whereof Ierviswood was one and that there were present the Lord Melvill Sir Iohn Cochran Cessnocks elder and younger Mr. William Carstares Mr. William Veitch Ierviswood and the Deponent and depons they did contribute Money for Mr. Martins Journey Depons that at his return he meeting with the Deponent told him that Matters were in that condition in Scotland and that the Countrey was in such a condition as little would kindle the Fire in order to the Rebellion And this is the truth as he shall answer to God Sic subscribitur Alexander Monro Linlithgow I. P. D. JAmes Murray of Philiphaugh aged 30. Years married purged and sworn produces â—our Leaves of Depositions emitted by him before the Lords of the Secret Committie and all Written and Subscribed with his own hand which being publickly read in presence of the Justices and Assize he adheres thereto in all points whereof the Tenot follows Upon the day of May 1683. Upon a letter from Mr. Pringle of Torwoodlie I came to his house in the morning and he presently led me to a Chamber where I found Mr Robert Martin who was lately come from London with whom we stayed a little and discoursed of the news and about the present condition and temper of England and in particular of London which Mr. Martin said was much irritated through some attemps upon their Priviledges either as to the concern of the Sheriffs or their Charter but that all honest men were of good heart and very brisk and after some general discourses to this purpose Torwoodlie and I left him and walked out a little and he told me he was expecting the E. of Tarras presently for he had sent to him and Mr. Martin had a Letter to him from Ierviswood then he told me that there were great matters in agitation at London and that Mr. Martin had come down with a Commission from our friends there I do not remember he named any but that I behoved not to expect he would impart his Instructions to me for he was to communicat them only to Polwart and himself at least for these Shyres and they were to pitch on such as they thought fit to intrust with the affair whereupon he assured me that he had great confidence in me and his kindness to me oblidged him to send for me to acquaint me that matters were now come to a crisis and that he had reason to think England would shortly draw to Arms and stand by them till they were satisfied anent the Bill of Exclusion and what other security they could propose for the Protestant Religion and their Liberties and that it was no project of any inconsiderable party but a design through the Kingdom and that many of the finest men and of the greatest interest and credit there had adjusted almost every thing necessar for the purpose and had concerted matters with our Friends there in order to concurrence from this and had agreed to advance Money for furnishing Arms here I do not remember he told me more particulars at this time but said Polwart would be at Gallow-shiels that night and it would be necessar that the E. of Tarras and I should confer with him fully on the business about this time the E. of Tarras lighted and Torwoodlie having left us for a little time being gone to bring Mr. Martin the E. of Tarras asked me what news I told him of Mr. Martins being there but that he had given me no account of the design of his down-coming which perhaps he would acquaint him with but by what I had heard from Torwoodlie I understood it to be to engadge us to rise in Arms
saw them kill him but the murderers having been pursued they run to the place out of which the Pannals then accused were taken none having seen the face of the Runaweys and the Pannals being accus'd and press'd to deny the accession shun'd to disown the Guilt but desired it might be proved against them This may convince you that there are Proofs which are stronger then Witnesses and I am sure that there were never more proving Witnesses then in this case nor were the Depositions of Witnesses ever more strongly adminiculated Remember the danger likewise of emboldening Conspiracies against the Kings Sacred Life and of encouraging a Civil War wherein your selves and your Posterity may bleed by making the least difficulty to find a man Guilty by the strongest Proofs that ever were adduced in so latent a Crime as a Conspiracy is And I do justly conclude that whoever denys that a Conspiracy can be thus prov'd does let all the World see that he inclines that Conspiracies should be encouraged and allow'd Our Age is so far from needing such Encouragements that on the other hand in this as in all other Crimes because the Guilt grows frequent and dangerous the Probation should therefore be made the more easie tho in this Case the King needs as little desire your Favour as fear your Justice And I have insisted so much upon this Probation rather to convince the World of the Conspiracy than you that this Conspirator is Guilty THereafter the Lords Ordained the Assize to inclose and return their Verdict to morrow by Nine a Clock in the morning Edinburgh December 24. 1684. THe said day The Persons who past upon the Assie of Mr. Robert Baillie of Ierviswood return'd their Verdict in presence of the saids Lords whereof the Tenor follows The Assize all in one Voice finds the Crimes of Art and Part in the Conspiracy and Plot Libelled and of concealing and not revealing the same clearly proven against Mr. Robert Baillie the Pannal in respect of the Depositions of Witnesses and Adminicles adduced Sic subscribitur Strathmore Chancellor AFter opening and reading of the which verdict of Assyze The Lords Justice General Justice Clerk and Commissioners of Justiciary therefore by the mouth of Iames Iohnstoun Dempster of Court Decerned and Adjudged the said Mr. Robert Baillie of Ierviswood to be taken to the Mercat Cross of Edinburgh this twentie fourth day of December instant betwixt two and four a clock in the afternoon and there to be hanged on a Gibbet till he be dead and his Head to be cut off and his Body to be Quartered in four and his head to be affixt on the Nether-bow of Edinburgh and one of his Quarters to be affixt on the Tolbooth of Iedburgh another on the Tolbooth of Lanerk a third on the Tolbooth of Air and a fourth on the Tolbooth of Glasgow And ordains his Name Fame Memory and Honours to be extinct his Blood to be Tainted and his Arms to be riven forth and delate out of the Books of Arms so that his Posterity may never have Place nor be able hereafter to bruik or joyse any Honours Offices Titles or Dignities within this Realm in time coming and to have Forfaulted Ammitted and Tint all and sundry his Lands Heritages Tacks Steadings Rooms Possessions Goods and Gear whatsoever pertaining to him to Our Soveraign Lords use to remain perpetually with His Highness in Property which was pronunced for Doom Sic subscribitur LINLITHGOW James Foulis I. Lockhart David Balfour Roger Hog Al. Seton P. Lyon Extracted forth of the Books of Adjournal by me Mr. Thomas Gordon Clerk to the Iustice Court sic subscribitur THO. GORDON In pursuance of which Sentence His Majesties Heraulds and Pursevants with their Coats display'd after sound of Trumpets Did publickly in face of the Court conform to the custom in the Sentences of Treason in His Majesties Name and Authority Cancel Tear and Destroy the said Mr. Robert Baillie his Arms threw them in his Face trampl'd them under foot And ordain'd his Arms to be expunged out of the Books of Herauldry his Posterity to be ignoble and never to injoy Honour and Dignity in time coming And thereafter went to the Mercat-Cross of Edinburgh and solemnly Tore and Cancelled the said Mr. Robert Baillie his Arms and affixed the famine on the said Mercat-Cross Reversed with this Inscription The Arms of Mr. Robert Baillie late of Jerviswood Traitor FINIS * Nota That this week His Majesty was expected from New-mercat but came 8. dayes sooner by reason of the fire * Monmouth * Carstares †Scotland * Scotland †England * Dissenting Lords †Carstares * Dissenting Lords Nota That the Earl of Tarras depon'd nothing against Jerviswood but what the other two Witnesses depon'd against himself before the Tryal and upon which thereafter they being renew'd the Earl was forfaulted so that there could be no ground of suspicion from his Circumstances