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 Edinburg Printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty and Reprinted at London by Tho. Newcomb 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 tanta in praetorio burgi de Edinburgh vigesimo tertio die mensis Decembris 1684. Per nobilem Potentem Comitem Georgium Comitem de Linlithgow Dominum Livingstoun c. Justiciarium generalem totius Regni Scotiae honorabiles viros Dominos 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 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 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 pretexi 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 Detentions 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 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 oâ— verity that the said Mr. Robert Baillie of Jerviswood 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 harted 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 days 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 sreer and better access to Treat with the Earls of Shaftsbury and Essix 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 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 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 timcously and lamented the delayes used in it and perswaded the late Earl of Argile and others in his name to accept of any him 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 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 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 Couspiracy which was designed against the sacred Life of His Majesty and the Life of His Royal-Highness
Carstares and further this Deponent saith not sic subscribitur Zac. Bourn Jurat coram L. Jenkins HIs Majesties Advocate likewise produced several Warrands and Papers to prove that those Depositions are sign'd by Sir Leolin Jenkins 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 Mejesties Sacred Person and Royal Government so fully discover'd that they must want Reason as well as Loyalty who do not believe the Discovery and they must be enemies to sincerity as well as to the King who do not acknowledge it Beside that the Councils of all the three Nations thought the proof sufficient for Indicting a General Thanksgiving through all these Nations and that the Judges of England thought the same strong enough to infer Forefaulture of Life and Estate against some of all Ranks there you have a Discovery made here from the Late E. of Argiles own Letters and the Confession of his own Emissaries the two surest proofs that Law ever invented or the nature of Humane Affairs can allow and I am this day to add to all this a new Sort of Proofs in the Process that I now lead against this Pannal from the Confessions of Noblemen and Gentlemen who have been engaged in this wicked Conspiracy and who from a sense of their Guilt are content freely to Depose against their nearest Relation and their most intimate Friend in which having thus cleared to you that there was really such a Conspiracy I shall in the next place proceed to prove this Pannals Accession to it It cannot be imagined that we would willingly involve our Countrey men in it without a Conviction stronger then our kindness to Scotland nor did His Majesties Servants accuse this Pannal without the opinion of the ablest Lawyers of the Kingdom who did with them concur to think that there was not the least occasion of doubting left to the most indifferent Inqueist of his guilt after they had seriously and with reflection read over and pondered the probation now laid before you The Person accused of accession to this Cryme is the Ring-leader of all those who in this Kingdom concurr'd with the English Conspirators as you may see by the Testimonies of all who have Deposed and it was indeed fit and just to begin with the most guilty so that if he be not convicted there should no man be punished for this Conspiracie all the noise we have heard of it is but a Cheat the Kings Judges have been Murderers all the Witnesses have been Knaves and such as dyed for it have been Martyrs The Accession charged on the Pannal is not an accidental escape nor is it proved by Witnesses who can be suspected of unkindnes to his Person or his Cause for it is a long tract of a continued design gone about with the greatest deliberation and concern imaginable and proved by his nearest Relations and persons so deeply engadged in that Cause for which he Suffers that they were content with him to venture their Lives and Fortunes in that quarrel He is not accused of a Crime that can amount only to a single Murder though that be a dreadful Cryme but a Rebellion which was to draw upon us a Civil War that Murder of Murders in which hundreths of thousands were to fall and to Crown all he was to 〈◊〉 and to be the 〈…〉 of a Rebellion in which one of the first steps was to kill His Sacred Majestie and his Royal Brother and one of the chief Witnesses which I have led against him is Bourn which Bourn confessed that he was to kill the King and who confesses the Pannal sat up several nights with Ferguson the other contriver of the Kings Murder and so familiar was he with him that Bourn depons that the said Pannal had been with Ferguson at the drawing of the manifesto whereby he was not only to be an Actor but to be the Justifier of that horrid Villanie and therefore Bourns depons that Ferguson the best Judge in that case looked upon him as the chief man next to Argyle But because no man is presumed to go to such a hight without previous inclination and motives I shall to convince you that this Gentleman was very capable of all that was lybelled against him remember you that he is Nephew and Son in Law to the late Waristoun bred up in his Family and under his Tutory about the time of this Plot it was undenyably known and is now sufficiently proved by two present Witnesses the Earl of Tarras and Commissar Monro that he thought himself desperat knowing himself to be guilty of Treason by Blackwoods Case and as it 's presumable that a man that 's guilty of one point of Treason will commit another so when a man is desperat as to his Life and Fortune he is capable of any thing he was likewise animated to commit this Cryme by the intelligence he had that there was a Plot in England carryed on by men of so great Parts Fortune and Influence and by the too probable hopes that they would get all the Western Shires to joyn with them here because of the common guilt in which they had engadged themselves by their late extravagances they made an account of an assistance of twenty thousand men and by Philiphaughs Deposition that these Gentlemen expected the concurse of the Southern-Shires and thus I am to prove to you a Cryme which is in it self so probable and liklie that it should need little probation tho I have adduced for your conviction sufficient evidences albeit the Cryme were in it self very unliklie The Crymes which I hope I have proved are That Jerviswood the Pannal transacted for Money to the late Earl of Argyl a declared Traitor 2. That he designed to raise a Rebellion 3. That he intercommuned with the Earl of Argyl and Mr. Veitch declared Traitors 4. That he was present where it was treated either that Argyle should have Money from the English and assistance from Scotland or that a Rebellion should be raised and that he did not reveal the samine and all these being sound relevant separation it is sufficient for me to have proved any one of them And if a Gentleman was lately sound guilty of High-Treason by the opinion of all the Lords of Session for not revealing that Sir John Cochran sought fifty pound Sterling from him though he refused the same and tho he believed it was sought for a charitable subsistance to preserve him from starving what deserves this Pannal who sought thirty thousand pound Sterling to buy him Arms to invade his Native Countrey That Jerviswood was designing to carry on a Rebellion or at least was accessory or as our Law terms it was Art and Part thereof is clearly prov'd but that in this occult and hidden 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 assairs 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 〈◊〉 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 the might lose themselves in a too early and abortive Insurrection here till things were ready in England For 1. This Commission was given him in a place and by a Company who had been themselves treating 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 Witnesses ever Deposed upon things so coherent and so connected together as these do for they depose still upon the same person carrying on the same Design of a Rebellion as to which in one place he is exciting his own Nephew and telling him his Resolutions and settling a Correspondence with him at another time he presses Commissar Monro to the same Rebellion At a third He holds a meeting at his own Chamber and speaks concerning it and from that meeting he sends a Trusty who formes the Rebellion Besides all this tho two Witnesses 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 of
Torwoodlie and I gave him our measures E. of Tarras told he had a suit already Then Torwoodlie said to the E. of Tarras and me we would meet Polwart at Gallowsheils and desired we might Commun with him anent what we had been Discoursing so we hasted away that if possible we might both get home that Night it being Saturnday and we unfurnished for staying abroad and Torwoodlie whispered me just as I was mounting as I think that he was not clear we should commun before Gallowshiels for he was sometimes too much Good-fellow or the like so the E. of Tarras and I Rod away together and upon the way we were both of Opinion that the Suppositions we had discoursed of were in effect Propositions and resolv'd if they were insisted on by Polwort as we suspected we would adhere to the former Answer and would undertake nothing in these methods When we came to Gallowsheils the Laird was abroad and Polwort was not come so we had thoughts to go away being both damped with what had passed and inclining to be free of farder medling but the Lady would by no means hear of our going till her Husband came who she assured us was about the Doors and she having sent to call him he would be in presently yet it was so late ere he came that the E. of Tarras could hardly have day enough to go home with so Gallowsheils would not let him go and he would not stay unless I stay'd so we both stayed and not being resolv'd to Discourse with Gallowsheils on what passed we we it to the Tavern on pretence I might call the Baillie and seek Horses or Lime and stay'd there till Polwort came which seemed unknown to Gallowsheils then we returned to Gallowsheils House and after Supper Polwort whispered the E. of Tarras and me and enquired if we had seen Mr. Martin and we having told him we had he enquired if we were free to commun on the Affair before Gallowsheils we told as he thought fit for we could trust him Then he whispered Gallonsheils and as I understood afterwards asked if he was free to commune on matters of great Secrecy and importance with that Company to which he assented then we sat down closs together and as I remember Polwort began the Discourse But since I am not able to follow exactly the method of our Conference or keep the very expressions used or repeat all that was spoke or to tell distinctly what was every mans part of the Discourse I shall set down the Heads and most remarkable Passages thereof that I remember in some Articles following 1. Polwort signified that he was credibly informed but I do not remember he named his Informer that the Countrey party in England would draw to the Fields shortly as he heard before Lambass wherewith Gallowsheils seem'd visibly surprized and being asked if his Heart fail'd him already he said he did love it better truly to be walking in his own Parks in Peace and quiet than to be medling in such matters however he assured the Company that if there came anytroublesome world he would joyn with them firmly and the E. of Tarras said he wondred to hear of any such Resolution in England for he took it for a Principle amongst that Party there that they should make no stir in the Kings Life which the whole Company owned to be their Opinion and desire because that might strengthen the Dukes interest and he suspected it was the project of the Common-wealths men with whom he believed few Scots Gentlemen would joyn and he was almost perswaded the D. of Monmouth would not concur in any rising during the Kings Life To which it was answered by Polwort that he had indeed heard that principle had been generally agreed to but it seem'd they found they behoved either to do their business now or lay aside hopes of doing it hereafter which might be that if the Charter of London were let fall they would not only lose all safe opportunity of digesting Matters but a great part of their strength and he heard all things were concerted mutually betwixt Monmouths Friends and the Heads of the Commonwealth Party and tho he heard Monmouth was shy on that account yet it was hop'd he would engage for otherways he would be deserted by that Party 2. Polwort told us the suppositions above-written as overtures concerted betwixt our friends at London and the principal men of that Party there so the E of Tarras and I renewed our former answers also above-written and maintained them with all our vigour wherein Gallowsheils joyned forwardly with us and Polwort asserted we went on very good grounds and he was fully of our opinion if things were entire but referr'd it to be considered whether it were better to comply with some of these methods tho not so proper and justifiable as were to be wish'd then to disappoint the business totally which might be of the best consequence to all the Party yet we did not condescend as I remember to undertake any of these methods And there was a further argument adduced against the trysting above-written viz. That it was talked there was a day appointed in England latly in Shafisberry's time which did not hold so they were not to be relyed upon 3. It was proposed to be considered what methods were most proper in the Companies opinon for Scotland to follow in case of Englands rising whereanent it was said that all that could be expected or desired from Scotland was that upon the certain News of Englands being in the Fields those in the Southern Shires who would own that Party should presently rise and how soon they could get as many conven'd as would be able to deal with stragling Parties or any sudden rising in the Countrey march to joyn them and that it would be fit these in the Northern Shires of England waited near the Borders for such and that they had Officers trysted there to command and that then it would be seasonable for Argile to land in the West and these Parties on the Borders might divert the Forces till he had time to put himself in a posture These things seem'd to be the sentiments of the whole Company but were not finally determined till the opinion of others who were to be communed with by Polwort were known And it was represented there behoved not to be any wilful and obstinate adhering to our own thoughts of things but an mutual condescendance to others concerned otherwise it were not possible to bring a publick Design to any good issue 4. All the Company seem'd to agree that they should undertake nothing or move in that Affair till they had a full and certain account what England proposed what methods they resolved to follow there who were to be their Heads and that if they design'd any attempt on the Kings Person or overturning Monarchy they would not be forward or clear to joyn And it being here insinuated that the most they could
do at least for which there could be any plausible pretence to justifie was to draw together and without any act of Hostility send Addresses to His Majesty for redress of the present abuses of the Government and for obtaining sufficient security against the hazard they apprehended to their Religion and Liberties It was said by Polwort that he was apt to think that was their very design for he had heard it was generally believed by that Party in England that if once they were in a Body the King would be prevailed with to quite the Duke to be tryed for Popery correspondence with France and accession to the Popish Plot and then if the King were once free from the influence of the Dukes Counsels they were confident he might be moved to reform their Abuses and secure their Religion and Liberties for the future to their contentment 5. It was resolved that till we got the foresaid account from England and were satisfied thereanent and knew others here who were to be communed with their Sentiements of what methods were most proper for us in case we should undertake we should not meddle further only it was left to the Earl of Tarras and me if we thought fit to acquaint Sir William Scot younger with some of the matter of this Conference overly without taking notice of our Informers or such an Conference and it was recommended to all to be enquiring at such as they had some trust in indirectly about the affection of our Neigbours and what Arms there was amongst them that if we should get an satisfying account and resolve to joyn we might know where to seek Men and Arms suddenly here it was said by Polwort as I think that if the E. of Tarras Torwoodlie Gallowsheils and I once took Horse he thought the most part of the West end of Tiviotdale and Selkirk Shire would soon come to us especially when they heard England was risen then we trysted to meet there against Midsummer Fair betwixt and which the forsaid account was expected but in case it came to any of our hands sooner we promised to advertise the rest that we might meet presently if the case required this is the substance and sum of what passed at the forsaid conference that I can now remember but I remember I was likewise told these following particulars in privat by Polwart or Torwoodlie which of them I cannot distinctly tell the day of the forsaid conference or within a short time after 1. That Polwart keeped the correspondence with our friends at London I remember not positively of any of them that was named to be on the entrigue there except my Lord Melvil Sir John Cochran Jerviswood and Commissar Monro for I hardly knew any of the rest and as I think Commissar Monro was call'd his correspondent there 2. That the Money to be advanced by the English partie to Scotland was ready when Mr. Martin came from London and it was expected that within few days after it would be dispatched with some confident to Holland whither by Bills or in Cash I cannot say it was call'd ten thousand pound Sterlin and was to be imployed as I was told by that confident at Argyles sight for buying Arms providing Ships to transport them with Argyle to the West here and such other Charges 3. That how soon our friends at London got notice of the safe arrival of the confident forsaid and all other things were finally concluded there which was expected would be about the middle of June as I remember they would come home and as they passed would give them or one of them an particular account of all resolutions taken to be communicat to the rest that it was not to be expected by Letters that behoved to be under figures and dark expressions and as I remember they were written as it were about the Carolina business or some houshold Furniture as I was told for I never remember I saw any Letter either direct to London or sent from it on that head 4. I was told there was a Sign and a Word agreed on by that Party so that men might know with whom they might use freedom the Word as I remember was Harmony and the Sign the opening two Buttons in the breast coat and shutting them presently this I communicat to the Earl of Tarras but does not mind I ever saw it used except when I visited Park-Hay here in Town about the end of June we discoursing a little freely he asked if I had the Word and Sign of the Carolina men and I having given them he said something to this purpose that he was afraid that the Carolina business did not go well for there had been some of the Managers expected here as I think he named Jerviswood or Commissar Monro these eight days past but there was none come nor could he learn that any of their Friends had heard from them for several Posts Polwart Torwoodlie and I met at Gallowsheils on Midsummer Fair but I mind nothing passed but private whisperings Dated September 15. 1684. and subscrived thus James Murray Edinburgh December 23. 1684. THe Deposition above-written being read to the said James Murray of Philiphaugh in presence of the Justices and Assizers he adheres thereto in all points upon Oath Sic subscribitur James Murray Linlithgow I. P. D. THe said James Murray further depons That at their meeting at Gallowsheils it was resolved that they should keep up their Cess unpayed till their next meeting at Midsummer which was to be at Gallowsheils and should deal with all these they had influence upon to do the like and that upon the supposition mentioned in his Oath given in It was spoke amongst them that the Troupers Horses should be seized upon when they were grasing And this is the Truth as he shall answer to God Sic subscribitur James Murray Linlithgow I. P. D. HVgh Scot of Gallowsheils aged 36. Years married purged c. and sworn Depons That the Earl of Tarras and Philiphaugh did come to the Deponents House in May 1683. and Polwart came likewise there where there were Discourses and Proposals that if the English would rise in Arms their Friends in the South Shires should rise with them and that they should seize the Horses belonging to the Kings Troops where they grased and the Town of Berwick and the Castle of Stirling And likewise it was there discoursed anent the late Earl of Argiles coming to invade Scotland but because of the uncertainty of Sea Voyages there was not much stress laid upon it Depons It was also proposed that some of the South Countrey whom they trusted in should be acquainted with it and that endeavours should be used to learn what Arms was in the Countrey Depons There was some such discourse there as that the Earl of Tarras Philiphaugh Torwoodlie Polwart and some others should draw to Horse with the first when the rising should be in readiness that it might be expected that the South