Donatives to those whom he and his Father had formerly rob'd and destroy'd for their Fidelity and Loyalty to their King And the Super-plus if any were was intended for his Lady and Children which was the hight of Clemency there being indeed more Debt upon the Estate then the whole of its value Yet being more conscious of his own Guilt then his Prince did apprehend he dar'd not rely upon that Clemency whereof he had tasted so plentifully but abusing the favour of his open Imprisonment for verifying of his other Crimes he added this one of breaking the Prison and flying from the Laws No King but ours could after all this think of favouring his Family but His Majesty will not only favour but restore and before it was known that the late Argile had more Debt then Estate in a Royal Largese He gifts more to his Children by thrice then their Father could lawfully give them had he never been Forsault Could it have been thought that any Christian or Gentleman could have been guilty of Ungratitude to so benign and bountiful a Prince and yet that the late Earl of Argile did after the receiving so many Favours and the profession and boasting of so much Loyalty not only enter in a horrid Conspiracy for rising in Arms but gave at least courage by his bold Undertakings to those who conspir'd the murther of His Sacred Majesty and his Royal Highness and this Conspiracy does demonstrate what was his meaning in that Paraphrase upon the Test which Fools and Knaves have justified as very Loyal and Orthodox But with what forwardness Argile and others did enter into a Conspiracy for overturning the Monarchical Government destroying the sacred Person of the King and of his only Brother and for pulling Ruine upon the three Kingdoms by a Civil War the evident Proofs of unsuspect Witnesses and the concurrence of many authentick Papers and Documents with these Depositions will not only sufficiently prove but amount to the quality of a Demonstration all the pieces being considered together and with what earnestness he acted doth evidently appear from these following Evidences For shortly after Argiles escape information was given from the West that he had caused secure the Militia Arms of Argile and Tarbet Shires as also a considerable quantity of the Kings Arms were given to him in Trust besides a little Magazine which he had of his own and some pieces of Cannon and that he had employed some Merchants to bring Arms from abroad to be landed securely in some of his remote High-land Castles And upon inquiry one William Campbel Master of a Ship at Newport-Glasgow was found to be conduc'd for this end as his Deposition taken before some of the Officers of State doth clearly evince Edinburgh the last day of August 1682. IN presence of the Lords Chancellor and Advocat William Campbel Skipper at Newport-Glasgow being examined upon Oath Depons That in March last he was fraughted by Iohn Campbel Merchant in Glasgow for Norway France or elsewhere for three Months certain conform to a Charter-party produc'd by him and about that same day he having desired to know what could be his prospect of his Voyage to Norway with so small a Ship and Loading he refused to tell him till he were at Sea and being at the back of the Lews a day or two after they set off the said Iohn Campbel then said now Skipper I will tell you the design of our Voyage which is to go to Norway and loaden Dails and out of that to Amsterdam and buy Arms and to take in the same to Cairnbulg and the Deponent having asked him what he would do with these Arms there he answered may not my Lord come to his own again and have use for them and the Deponent understanding these Arms were to be made use of against the King the Deponent answered that when he was made Burgess of Dunbartoun there was an Oath taken of him to be true to the King and the present Government as it is established and upon the Deponents refusal to comply with him in the said Voyage he got the Ships Company upon his side who beat and abused the Deponent and having gone from that to Norway he behoved to suffer all the Voyage there being no Justice in these remote Places where he came to from which being upon their Voyage to Holland the Ship was by Providence cast away for which they blam'd the Deponent as having done the same wilfully And this is the Truth as he shall answer to God Sic subscribitur Will. Campbell G. GORDON Cancell Edinburgh the 14 of Ianuary 1685. IN presence of the Secret Committee the said William Campbel being re-examined adheres to his former Deposition and further Declares that he offered to the then Lord Chancellor to apprehend the said Iohn Campbel but the Chancellor made no answer to him but whispered the General in the ear and he heard afterwards that the said Campbel had escaped And this is the Truth as he shall answer to God Sic subscribitur Will. Campbel At the same time Surmises were heard from amongst the Fanaticks from all parts of Argiles intention to land in the West with Arms and to raise that Countrey and to joyn with the Western Shires and in Summer 1683 Gordon of Earlston being apprehended at Newcastle the Papers taken with him and his own Depositions made upon Oath in Scotland did give good grounds for suspition of some imminent Design which apprehensions were raised by a little accident which happened at the time for upon the first noise of the discovery of the Conspiracy in England Earlston being in Prison in Edinburgh Tolbooth the Keeper came in to visit him who found him asleep but he awakening at the time the Keeper told him that now the Conspiracy was broke out How says Earlston is Argile then Landed of which expression the Keeper having given notice to some Councellers Earlston was examined upon the meaning of the expression who plainly confess'd that both in England and Holland he had information of Argiles buying of Arms with intention to land in Scotland and that at the same time he was informed that the English were to rise in several places of England Alexander Gordon of Earlston his Deposition before a Committee of His Majesties Privy Council and two of the Iustices Edinburg the 25 of September 1683. Sederunt Privy Counsellors The Earl of Linlithgow Lord Livingston Lord President of the Session Lord Collington Lord Castlehill Justices Lord Pitmedden Lord Harcarss The Earl of Linlithgow elected Praeses ALexander Gordon being further interrogate upon the Interrogators given in anent the Conspiracy in England Declares That the first time he heard of any design of rising in Arms was at the time when the competition was anent the Sheriffs at Midsummer was a year and then he heard the Duke of Monmonth was to head the Rebels and this he had from Iohn Nisbet and one Mr. Murray a Scots man then at
my Boy is sick I sent the Letter to 20 211028 who I saw on Wednesday 43 told me he had received yours but did not yet 261410131828 which I confess I thought a little strange being at least 8 days with him 781822291828141343171826 to stay with 29 but 43 would not but said 7819221429 it was not meet 151828 nor 874415 for 43 to 8032 at this 17232927182710181318 thought none would be so 1802 as to take that 182043121021 not I said 75 never stood to shew his constant 19322243527427 to 29 and all that belonged to 43 20 21108820 is very 1129271814 17181426 doing that 43 18 hope hath no 242014272926 1822 and I hear for 10 20 43 13232887 there is a 291026102213 to 20 121027281020171820 to get 43 24201012 but 2021 knows not yet there was 22 1429142627291217 29102619 as has 1114 2 2171426 it makes 10 20 in 15141026 some 272921 14211317 1426 for 27244419182216 with 1822281426122321 1422 1413 2418241420 the 27281820 of their 17232682 832181426 10 1623 75 hath so 27281819201413 for them all that hath procured 43 a great deal of love from the 12232228261032 and somewhat 142027 from others it 's the 2728261022161427â—8 thing tho it could not 1114 24262329â—422 they could not 161428 an 281127232029102814281820 they 2810ck the 88448788 and 241032 a 16261828 13181020 to 887081 468386434482 the 4280708619 who 16142827 too great 131420 of 2123221814 there was one here a 1514291426 of 29 that lives in 2710201422. that was most 292218292728203227293120221317181426 ii32 on 241028102228 for speaking 282614272322 I spoke to 2021 for 43 but none befriended 43 or appear'd for him but 75 who did 1126182216432315 the 282614272322 was only good of 29 the other tho the favorit of the 1220102619 was 15292213 10 20321426 and Ja. 23201815102228 23 1i27232029141323 ii2928 1812292013 29261428 10 long Letter to 29 who I think 1710241814 1114 2328171426. Postscript Let these News be known to your Scots Friends This Letter Opened Stirling the 9 of June I Came here on Tuesday where I found a great Meeting E. Perth M. Mon. E. Marr. Gen. Dr. and the Advocat four Lords of the Session all the Lords came here to see W. F. and Q. and R. came with W. D. came by an order with all Fife Heretors and D's Troop I never saw F. so vexed for D. countrey here is in plain writing some Scots News till it came to this I got not Write the last week because poor Archie C. is sick and I will not trust my Letters to every one I have got nothing done in my affairs our Trade goes ill on but God I hope will help me to bear all I am sory I can do nothing for W. I am this far on my way to Inveran and to see my dear H. I shall give L. account when I come back and I fear till then I will not get Write for my boy is sick I sent the Letter to L. Mat. who I saw on Wednesday D. told me he had received yours but did not yet Read it which I confess I thought a little strange being at least eight dayes with him I invited D. here to stay with W but D. would not but said I knew it was not meet fit nor safe for D. to ly at this House I said I thought none would be so ill as to take that ill D. came not I said F. never stood to shew his constant kindness to W. and all that belonged to D. L. Matl is very busie here doing what D. I hope hath no pleasure in and I hear for all D. does there is a warrant to L. Castlehill to get D. place but L. M. knows not yet There was never such work as has been here it makes all in fear some summoned for speaking with Intercommuned people the stile of their Horn. Eight years ago F. hath so stickled for them all that it hath procured him a great deal of love from the Countrey and somewhat else from others it s the strangest thing tho it could not be proven they could not get an absolvitor they take the Test and pay a great deal to Tam Gordon the Clerk who gets too great a deal of Money there was one here a Feuar of W. that lives in Salen that was most unjustly summoned here by one Paton for speaking Treason I spoke to L. M. for D. but none befriended D. or appeared for D. but. F. who did bring D. off The Treason was only good of W. The other tho the favorit of the Clerk was found a liar and Iames Oliphant absolved O but I could write a long Letter to W. who I think happy be others Postscript Let these News be known to your Scots Friends Nota That after this Letter was Deciphered the Letter D. which was denoted by the Figure 43 could not be found out until the Secret Committe appointed the Kings Advocat and Sir William Paterson one of the Clerks of the Privy Council to Examine the Countess of Argile upon the meaning thereof who declared that it was no proper name but wherever it was placed in the Letter it stood for a Relative The Clavis of this Letter D. stands for the relatives he his their him c. W. stands for Argile and his Lady or me yours c. L. stands for Lorn conform to the Countess her Deposition L. M. stands for Lord Maitland F. Q. R. The Key of Words whereof two Copies were found with Major Holms one of them being Mr. Carstares hand Writ and confest by him to be the Key of their correspondence in which also there is an Alphabet different from the other three for which as yet we have found no use the middle Column is thought only to be Mute Figures to confound the design of the Key So that one word is only set down for another as Ker stands for King Birch for England Brand for Scotland c. King 40 Ker D. York 71 Corse D. Mon. 39 White E. Roch. 37 Whit E. Halifax 43 Whyte The Court 45 West The Council 50 Westli One of the Council 57 East The Torries 30 Westly The Whiggs 22 Brown The City 18 Wilson The Mayor 27 Watson Sheriffs 31 Brun Court of Aldermen 36 Baxter Common Council 35 Barker L. Russel 29 Weste E. Essex 32 Wilson Dissenting Lords 47 Browne Bishops of England 61 Wood The Clergy 65 Child Non-conformists 64 Chyld England 73 Birch France 72 Birche The States 44 Heart The Prince 38 Harwood Forces 17 Hal Horse 28 Hilyard Foot 90 Hickman 1000 of the one or other a tick after his so many partners and so forth a 100 a stroak after thus his so many neighbours Arms 75 Chylde Money 80 Hall 100 or 1000 lib Sterl for the number 100 or 1000 with a stroak or tick as above but the 5 ves beneath and the 10ths before or a little figure underneath to mark the number so many associats or sharers with him Officers 81 Ramsey A General 88 Bareley Col. Sidley 96 Ramsoy Mr. Holms 53 Barclay Commissar Monro
at at the very first appearing and that there be only a multitude gathered without action tho that may frighten a little it will do no good the standing Forces will take up some station probably at Stirling and will to their aid not only have the Militia of 20000. Foot and 2000. Horse but all the Heretors c. to the number it may be of 50000. and tho many will be unwilling to sight for the standing Forces yet the most part will once joyn and many will be as concerned for them as any can be against them and tho we had at first the greatest success imaginable yet it is impossible but some will keep together and get some concurrence and assistance not only in Brand but from Birch and Ireland it will not then be time to call for more Arms far less for Money to buy them no money nor Credit could supply it we should prove like the foolish Virgins Consider in the next place how Browne can imploy so much Money and so many Horse better for their own interest tho the Protestant Interst were not concerned is it not a small Sum and a small Force to raise so many men with and by Gods blessing to repress the whole Power of Brand that some hope are engaged against us besides the Horse to be sent need possibly stay but a little while to do a Job if future events do not bring the seat of the War to Brand which is yet more to the advantage of Birch as to the total of the Money that was propos'd by the best Husbanding it cannot purchase Arms and absolute necessars for one time for a Militia of the number they are to deal with and there is nothing out of the whole design'd to be bestowed upon many things usual and necessar for such an Undertaking as Tents Waggons Cloathes Shoes Horse Horse-shoes all which are not only necessar to be once had but dayly to be recruited far less out of the whole sum projected was any thing proposed for Provisions of Meat or Drink Intelligence or incident Charges some very honest well-meaning and very good Men may undertake on little because they can do little and know little what is to be done All I shall add is I made the Reckoning as low as if I had been to pay it out of my own Purse and whether I meddle or meddle not I resolve never to touch the Money but to order the payment of Necessars as they shall be received and I shall freely submit my self to any knowing Souldier for the Lists and any knowing Merchant for the Prices I have calculate when there is an occasion to confer about it it will be a great encouragment to persons that have Estates to venture and that consider what they do that they know that there is a project and prospect of the whole Affair and all Necessars provided for such an attempt if after I have spoke with Mr. Red I see I can do you Service I will be very willing if I be not able I pray God some other may but before it be given over I wish I had such a conference as I write of to you a Week ago for I expect not all from Browne some considerable part of the Horse may I hope be made up by the help of your particular friends I have yet some things to add to enforce all I have said which I cannot at this distance and some things are to be done to prevent the designs of Enemies that I dare not now mention lest it should put them on their guard I have a considerable direction in my head but all is in God hands Nota That the foregoing Marginal Notes are so explain'd by the Key of Words pag. 19. Here follows Mr. Spence his Deposition in so far as it relates to the two foregoing Letters whereof he had given in the Copies above set down in plain Sense The Queries put to him and many of his Answers being little to this purpose they are not all here subjoyned but only these that immediatly relate to the Letters Part of Spence his Deposition At the Castle of Edinburgh the 19 of August 1684. MR. William Spence of the Age 33 Years or thereby not married solemnly sworn Depons That in the Paper subscribed by him the Letter dated 21 Iune and the other without date marked A are written plain and in the true Sense so far as his knowledge reaches and that he had no Key to open the Letters with but the Alphabetical Cypher That by the 128 Gilders 8 Stivers mentioned in the end of the long Letter he understands that it is the Key thereof and by the payment of the same he understands the way of using it That he does truly believe there was an Insurrection intended within these two Years and as for what is to come he cannot tell what the People abroad may be doing That he had often heard of Designs and Associations but that they were directly intended to hinder the Duke his Succession to the Crown he cannot say For all that he understood was pretended for the ground of any designs of Arms was the defence of the Protestant Religion the Liberties of the Kingdom and if against the Duke his Succession only in so far as that might be prejudicial to these and that he thinks upon the Kings death Troubles may probably arise That Mr. West to whom the Letters were directed was not one of that name but Major Holms to the best of his knowledge And this is the Truth as he shall answer to God Sic subscribitur W. Spence These foregoing Letters are exactly set down both such as were in Cypher and these in plain Letter all written with Argiles own hand except that from his Lady conform to the Principals compared therewith before the Lords of the Secret Committee Together with the Decyphers and other ways of opening perfectly agreeing both in the Sense and design with the triple Alphabet the Key of Words and the method before narrated There was also besides these several other Letters both in Cypher and plain Writ found with Major Holms all of them as in a Chain knitting together the undenyable Evidences of this Hellish Machination but these above set down being the most material and sufficient to convince all except those of invincible obstinacy it was not thought fit to burden the Reader or incumber this short Narrative with more of them All the principal Letters and Cyphers with the Keys of Words and a great many Depositions taken both here and in England are lying in the Records of His Majesties Privy Council in Scotland It 's further to be considered That all these Letters being taken at one time with Major Holms who was Argiles Trustee for conveying them it is not to be supposed but that much more of this Stuff has been interchanged betwixt him and those of that Confederacy as appears from the Alphabet written with the Key of
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 Lowdoâ—n being a man of good Reason and disobliged would have great influence upon the Countrey and recommended the Deponent to Major Hâ—lms 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 Iames 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 abovenamed 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 Iames 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 Iames Steuart wrot to him that there was hopes of the Money The next day after the Deponent came to England he met with Sir Iohn Cochran who with Commissar Monro and Ierviswood 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 Iohn Cochran with the Earls demands of the 30000 pound Sterling and the 1000. Horse and Dragoons Sir Iohn 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 hoâ—se where he the Lord Russel had come to speak to Shepard about the Money above-named 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 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 Cheapside 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 Iohn Cochran Ierviswood Commissar Monro the two Cessnocks Mongomery of Landshaw 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 Ierviswood 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 wrote that the Countrey was readier to concur then 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 axact 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 to give it and the Letter to Mr. Ferguson and he to shew it to the Duke of Monmouth but what was done in it the Deponent knows not The Deponent heard the Design of Killing the King and Duke from Mr. Shepard who told the Deponent some were full upon it The Deponent heard that Aron Smith was sent by those in England to call Sir Iohn Cochran on the account of Carolina but that he does not know Aron Smith nor any more of that matter not being concerned it it Shepard named young Hamden frequently as concerned in these Matters Signed at
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 Sâ—rt 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 〈…〉 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 Ierviswood 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 wheâ—â— it â—as 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 famine and all these being sound relevant separatiâ—n it is sufficient for me to have proved any one of them And if a Gentleman was lately found guilty of High-Treason by the opinion of all the Lords oâ— Session for not revealing that Sir Iohn Cochraâ— 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 Ierviswood 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 affairs of the Carolina Company as he confess'd but to push the People of England to do something for themselves because they did only talk and not do and what he would have them to do appears too clearly because he tells the Earl of Tarras it was probable that if
the King were briskly put to it by the Parliament of England he would consent to exclude the Duke from the Succession here is not only a Treasonable Design though a design be sufficient in Treason but here are express acts of Treason proved viz. The treating with the Earl of Tarras upon this design the settling a Correspondence with him for the prosecution of it and the writing Letters from London to him concerning it and the sending down Mr. Martin to compleat it by a general â—â—sing 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 Religon 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 Ierviswoods Chamber where this was spoke of and from which Mr. Robert Martin was sent to their Friends in Scotland to know what they would do and though the silly caution was that they sent him to prevent their rising yet a man must renounce common sense not to see that the design was to incite them to Rebellion and to prevent only their doing any thing in this rebellious design by which they might lose themselves in a too early and abortive Insurrection here till things were ready in England For 1. This 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 Iohn Cochran made a Speech to that purpose is expressly prov'd and that Ierviswood 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 Ierviswood 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 Ierviswood 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 Ienkins who was impower'd by the Law of England and at the command of the King and the Council of England upon a Letter from His Majesties Officers of State here In which Deposition Shepard one of the Witnesses deposes that Baillie came frequently to him and desired him to advance the Money and lamented the delays and that there was so little to be advanced and who should be better believed then one who was his own Trustie and a Person who was able to advance so great a Sum Bourn another of the Witnesses Deposes that Ferguson told him that the Pannal spoke frequently to him concerning the same Money and that he sat up several nights