imports nothing and infers no more then that he is socius criminis and is still a habil witnes as to Conjuration of Treason socius criminis hoc ipso that it is acknowledged or proven being still under the hazard of Process or condemnation which Law regards not in regard of the secrecie involved in the nature of the Crime that either witnesses neque actu neque habitu can be present so that the objection amounts to no less then that Conjurations of Treason cannot at all be proven And as to the Law cited from the Majestie it imports no more then that the Objection regulariter proâ—edit in Crimes which of there own nature are not perdifficilis probationis and are not inter crimina excepta such as the Cryme of Conspiracy and Treason is MR. William Fleteher Oppons the Objection and Reply and further adds that albeit crimen lesae Majestatis be reckoned inter crimina excepta and so have some 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 new pleaded being taken complexlie viz. That the Earl of Tarras is not only socius criminis but also that he is publico judicio reus upon the same Crime and that as means to procure His Majesties favour 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 submissiou 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 Advocat the Pursuer and as a privat accuser could not adduce his own Servants to be Witnesses because they are testes 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 confessus non est auâ—â—endus 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 otherwayes the guilty person will escape It is answered that in this case His Majesties Advocat had an easie remedie for he might have pursued the Pannal before he pursued the Witnes and the Terror and Apprehension of the event of a Process for Treason cannot be constructed otherwayes then to have influence upon the Deposition of the Witnes and as to the Citation out of Farinacius it is only in the case of socius criminis but when he comes to treat de teste accusato vel carcerato Quest. 56. articulo 4to He sayes Regula sit in accusato quod is pendente accusatione à testimonio repellitur and be the 2d Rule of the same Article 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 VVitness for he being adduced a VVitness after he received his Inditement and confessed the Crime is equivalent as if he had been actually Convict and whatever may be pretended that testes infames may be admitted yet it was never asserted by any Lawyer that a person Convict of Treason can be admitted a VVitness 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 John Cochran and Commissar Monro got their Commission from the Carolina Company for London the Pannal Mr. Robert Baillie of Jerviswood did not desire the Deponent to speak to Commissar Monro to try if he could get him the said Pannal added to that Commission Depones affirmative Being Interrogat if the said Jerviswood the Pannal did not tell the Deponent that he was resolved to go to London however upon his own Expenses and that his and their going about the Carolina Bussiness was but a pretence and a blind but that the true design was to push 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 VVrite to him what occurred here Depones that the Pannal did say to the Deponent if the King would suffer the Parliament of England to sit and pass the Bill of Seclusion that that was the only way to secure the Protestant Religion Depons that the Pannal said to him that the King might be induced to do so if the Parliament would take sharp or brisk measures with Him or the like Depones these words were spoke to him by the Pannal since the holding of the last Session of this current Parliament and before the Pannal and Commissar Monro went for London Depons that after the Pannal went to London he did give the Deponent an account by Letters that things were in great Disorder there and that he hoped there would be effectual Courses taken to remeid them Depones that Mr. Robert Martin did come to Mr. Pringle of Torwoodlies House in May 1683. or thereby and brought a Letter to the Deponents Lady unsubscribed but the Deponent knows it was Jerviswoods 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 Scots-men at London which was to be sent over to Holland to provide Arms and that the late Earl of Argile was to Land with these Armes in the West-Highlands of
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
Scotland and that the Deponents Friend Jerviswood the Pannal was to be sent over with the Money Depones that Philiphaugh and he went to Gallowshiels House where they met with Polwort and Gallowshiels and that it was talked amongst them there that in case those in England should rise in Arms that it was necessary in that case that so many as could be got on the Borders should be in readiness to deal with Straglers and seize upon Horses and that thereafter they should joyn with those that were in Arms on the Borders of England Depons That in the case foresaid it was said it was convenient the Castle of Stirling Berwick and some other Strengths should be 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 Jerviswood might be made one of the Commissioners for the Affair of Carolina for that he could not safely stay at Home and that the Deponents answer was that he had no interest in the Affair and so could not be a Commissioner Depons that the Pannal did wait for the Deponent at Wooller and did go alongst with him to London and that by the way he heard him regrate his own hazard and others because of Blackwoods Sentence and that he heard him regrate the hazard our Laws and Liberties and the Protestant Religion were in Depons that the Pannal spoke to the Deponent and others more 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 Jerviswoods Chamber in London Mr. William Veitch a forfault Traitor was present and that Sir John Cochran did at that Meeting expressly speak of Money to be sent to Argile for bringing home Arms for invading the Kingdom of Scotland And that at another occasion he heard some of them say that there would be twenty Thousand Men in Scotland who would assist the Rebellion and that he heard Sir John Cochran and Jerviswood speaking of it but cannot be positive which of the two said it Depons that at that Meeting he heard Jerviswood speak but did not hear him oppose that â—reasonable Proposal or contradict the Overture proposed by Sir John Cochran Depons that Mr. Robert Martin was sent down from that Meeting which was at Jerviswoods Chamber to Scotland to try what the People of Scotland would do for their own safety And that it was understood that the people of Scotland should not rise till there should be a rising in England and that the Commission was granted to Mr. Robert Martin by all the persons present whereof Jerviswood was one and that there were present the Lord Melvill Sir John Cochran Cessnocks elder and younger Mr. William Carstares Mr. William Veitch Jerviswood and the Deponent and depons they did contribute Money for Mr. 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 four Leaves of Depositions emitted by him before the Lords of the Secret Commitie 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 attempts 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 Jerviswood 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 Armes here I do not remember he told me more particulars at this time but said Polwart would be
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 Polwort at Gallowsheils and desired we might Commun with him anent what we had been Discoursing so we hasted away that if possible we might both get home that Night it being Saturnday and we unfurnished for staying abroad and Torwoodlie whispered me just as I was mounting as I think that he was not clear we should commun before Gallowshiels for he was sometimes too much 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 went to the Tavern on pretence I might call the Baillie and seek Horses for 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 Gallowsheils and as I understood afterwards asked if he was free to commune on matters of great Secrecy and importance with that Company to which he assented 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 any troublesome world he would joyn with them firmly and the F. 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. Polwart told us the suppositions above-written as overtures concerted betwixt our friends at London and the principal men of that Party there so the E. of Tarras and I renewed our former answers also above-written and maintained them with all our vigour wherein Gallowshiels joyned forwardly with us and Polwart 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 is was talked there was a day appointed in England lately in Shaftsherry's time which did not hold so they were not to be relyed upon 3. It was proposed to be considered what methods were most proper in the Companies opinion 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 conveen'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 til 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 Polwart were knowen 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
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