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
Comitem de Linlithgow Dominum Livingstoun c. Iusticiarium generalem totius Regni Scotiae honorabiles viros Dominos Jacobum Foulis de Colintoun Iusticiariae Clericum Ioannem Lockhart de Castlehill Davidem Balfour de Forret Rogerum Hoge de Harcarss Alexandrum Seaton de Pitmedden Patricium Lyon de Carss Commissionarios Iusticiariae dicti S. D. N. Regis Curia legitime affirmata Intran Mr. Robert Baillie of Jerviswood Prisoner INdited and accused that where notwithstanding by the Common Law of this and all other well Governed Nations the Conspiring to overturn the Government of the Monarchy or of the Established Government of this Kingdom or the concealing and not revealing of any Treasonable Design Project or Discourse tending thereto Or the assisting aiding or abaiting such as have any such Designs does infer the Pains and Punishment of Treason And by the third Act of the first Parliament of King Iames the first The Rebelling openly against the Kings Person and by the thretty seventh Act of His second Parliament The Resetting Maintaining or doing favours to open or notour Rebellers against the Kings Majesty is Declared Treason and punishable by Forefaulture And by the hundred fourty and fourth Act of the twelfth Parliament of King Iames the Sixth It is Declared Treason to Reset Supply or Intercommune with Traitors And by the first Act of the first Session of His Majesties first Parliament It is Declared That it shall be High Treason for the Subjects of this Realm or any number of them less or more upon any ground or pretext whatsomever to rise or continue in Arms to make Peace or War without His Majesties special Approbation And by the second Act of the second Session of His Majesties said first Parliament To Plot Contrive or intend Death or Destruction or to put any Restraint upon His Majesties Royal Person or to Deprive Depose or Suspend Him from the Exercise of His Royal Government or to levy War or take up Arms against His Majesty or any Commissionated by Him or to intice any Strangers or others to Invade any of His Majesties Dominions or to Write Print or speak any thing that may express or declare such their Treasonable Intentions it declared Treason and punishable as such Likeas by the second Act of His Majesties third Parliament It is Declared High Treason in any of the â—ubjects of this Realm by Writing Speaking or any other maâ—ner of way to endeavour the alteration Suspension or Diversion of the â—ight of Succession or debarring the next lawful Successour Nevertheless it is oâ— veâ—ity that the said Mr. Robert Baillie of Ierviswood shaking off all fear of God respect and regard to His Majesties Authority and Laws and having conceived most unjustly a great and extraordinary malice and hatred against His Majesties Person and Government and having designed most Traâ—â—erously to debar His Royal Highness His Majesties only Brother from His due Right of Succession did amongst many other Traiterous Acts tending to promove that wicked Design endeavour to get himself Elected one of the Commissioners for Negotiating the settlement of a Colony of this Nation in Carolina in one or other of the days of the Moneths of Ianuary February March April or May One thousand six hundred and eighty three years and that he might thereby have the freer and better access to Treat with the Earls of Shaftsbury and Essex the Lord Russeb and others who had entered into a Conspiracy in England against His Majesties Person and Government and with Colonel Rumsay Walcot West and Ferguson and others who had likewise Conspired the Murder of His Majesties Sacred Person and of the Person of His Royal Highness and finding that he could not get himself Elected one of the said Commissioners he resolved to go to London upon his own expenses and declared to severals whom he took great pains to draw in to be his accomplices that his Design was to push foreward the People of England who did nothing but talk that they might go on effectually and after he had settled a Correspondency here he did go up to London in one or other of the saids Moneths with Sir Iohn Cochran and Commissar Monro and did then and there Transact with the saids Conspirators or one or other of them to get a sum of Money to the late Earl of Argile a Declaired Traitor for bringing home of Men and Arms for raising a Rebellion against His Majesty and Invading this his Native Countrey and so earnest was he in the said Design that he did chide those English Conspirators for not sending the same timeously and lamented the delayes used in it and perswaded the late Earl of Argile and others in his name to accept of any sum rather than not to engage and amongst the many meetings that he hâ—d at London for carrying on the said Traiterous design there was one at his own Chamber where he did meet with the Lord Melvil Sir Iohn Cochran and the Câ—ssnocks Elder and Younger and amongst others with Mr. William Veatch a declared Traitor and there he did treat of the carying on of the said Rebellion and of the money to be furnished by the English for Argyle for buying of Armes And that if the Scots would attempt any thing for their own relief they would get assistance of Horse from England and from that meeting he or ane or other of them did send down Mr. Robert Martin to prevent any rysing till it should be seasonable for carying on of their Designs which Mr. Robert after he came to Scotland did treat with Palwart and others for carying on of the said Rebellion by securing His Majesties Officers of State His Castles and Forces and by putting his Correspondents here and there Associates in readiness to assist the late Earl of Argyle and after the said Mr. Baillie had engadged many of his Countrey-men in England and had assured his Correspondants here that the English were resolved to seclud his Royal-Highness from his due right of Succession thereby to encourage them to concur in the said Rebellion and Exclusion he slew to that hight that he did particularly and closly correspond with Mr. Robert Ferguson Sir Thomas Armstrong Collonel Rumsay and Walcot who were accessory to that horrid part of the Conspiracy which was designed against the sacred Life of His Majesty and the Life of His Royal-Highness and did sit up several nights with them concerting that bloody Massacer at least the said Mr. Robert Baillie of Ierviswood was and is guilty of having correspondence with the late Earl of Argyle and Mr. William Veatch declared Traitors and of being art and part of an Conspiracy for assisting of these who were to rise in arms against His Sacred Majesty and for exclusion of His Royal Brother and of concealing and not revealing the accession and proposals of others for that effect Wherethrow he has committed and is guilty of the Crymes of High Treason Rebellion and others above specified and is
London and declares that in Ianuary last the declarant being in Holland he heard by general report that the late Earl of Argile was to raise some thousands of High-landers to assist the Rebels in England by making a diversion and was to get a Sum of Money for that effect and that in March last he having received a Letter in Holland from Iohn Nisbet then in London he came over to London where he met with the said Nisbet and Murray who told the Declarant they design'd to rise presently in England and to Rendezvous in six or seven places at one time particularly at Coventry and London and that they computed several thousands in York-shire who were to joyn with them that Murray desired the Declarant to go along with him to meet with the late Lords Russel and Gray and the Lord Wharton but of Wharton they said they were not very sure being a fearful man and with Mr. Ferguson and spoke of several old Officers of Cromwels that were to be there but the Declarant not being for the present rising shunned to meet with these Persons or any of them and both Nisbet and Murray told the Declarant that Sir Iohn Cochran was with them and heard from these two Persons that both the Cessnocks were concerned in that Business As to the Letter written by Io. N. of the 20 of March and directed for the Declarant at Rotterdam declares that Iohn Nisbet wrote the said Letter and that under the Metaphor of Trade throughout the whole Letter is meaned the design of rising in Arms and a Rebellion and that by the word Dispatching the old rotten Stuff is meaned either the excluding the Sectaries from joyning with them or destroying the Government both Civil and Ecclesiastial which last the Declarant supposes rather to be the meaning of the words and that by the Factors are meaned their Emissaries for carrying on the Rebellion and for that strange thing that was to fall out that Week or the next the Declarant thinks is meaned the suddain muster of the Rebels In the close of the Letter which says Things are full as high as I tell you is meaned that the Rebellion was instantly to break out And having met with Iohn Nisbet after his coming from Holland the said Nisbet explained to him that the Sense of the said Letter was as is above-said As to the little Letter direct to the Declarant under the name of Pringle of the second of May 168◠declares that the name of the Subscriver which is blotted out was so blotted before it came to his hand but by the Contents of it he knows it is from one Robert Iohnstoun a Tennent or Vassal to the Lord Gray on the Border and that the Traders and Trading there spoke of is the design'd Rebellion and that the said Robert Iohnstoun offered to come into Scotland with the Declarant to have seen some of our dis-affected People here and to have met with them and that A. Y. mentioned in the said Letter which the Letter says laboured to undervalue the dis-affected Party in Scotland which he calls your Goods is the name of Andrew Young who stays about Newcastle whom he supposes to be a suspected person because he was afraid Collonel Struthers would apprehend him and that he supposes the way that that Letter came to his hand was from some person that was at a Meeting at Tweeds-moor about that time where were present several of these People that had Commission from the several Districts but he himself was not at that Meeting Sic subscribitur Al. Gordon Linlithgow I. P. C. Follows the Letter direct b◠Jo. N. which was found upon Earlston London 20 March 1683. Sir ON Saturday last I had the occasion of seeing a Letter from you directed for Mrs. Gaunt in whose absence Mrs. Ward had received it at the reading of which I was not a little troubled considering my full resolutions signified to you in my last for effectuating of which I had spoke for Passage and taken my farewel of Mother Gaunt she going into the Countrey And that very Week I was set upon by that Gentleman with whom I stay and Io. Iohnston with some others to stay but a Moneth and if that did not accomplish somewhat in hand to help Trading then I should be no longer detain'd After I was prevailed to retract so far I ordered Io. who had time at command to give you an ample account of matters and withal Io. was desired by our Friends from Scotland to stand here in my place the like engagements of secrecy c. being taken and thereupon I ordered him to shew you the grounds of my staying and to desire if you inclined to cross the Water to come this way but since many are the confused yea troubled thoughts that have possessed me for yielding concerning which 〈…〉 my yielding to it take the subsequent account In my last or it precedent to it I shewed you that Trading was very low here and many breaking which has made the Merchants such as they are to think that desperate Diseases must have desperate Cures and while they have some Stock it will be better to venture out than to keep Shop and sit still till all be gone and then they shall not be able to act but let all go Which resolution I thought a thing not to confide in seing the most of them are Fire-side Merchants and loves not to venture where storms are any thing apparent But about my departing they shewed the model of Affairs in such order that I see venture they must and venture they will whereupon 〈◊〉 first demanded how our Trade would be carried on Answer they knew well what Goods had proven most prejudicial to the Trade and therefore they thought to insist upon Negatives in which whatever I proposed is assented to as I find and thus they thought best to still some Criticks in the Trade And by this means first to endeavour the dispatching the old rotten Stuff before they order what to bring home next This lookt somewhat strange to me but when I consider all circumstances I think they for themselves do best in it For our Merchants I made account only to have had some stock for to set the broken ones up again and so bid them here fare-wel and they to try their way and we ours Since they think fit that some of these whom we have found as you will say when you hear them named treacherous dealers in our Trade consulted and accordingly have done Whereupon I fear or rather hope that our Merchants tho broke will rather desire to live a while longer as they are than joyn with such c. to advance the Trade unless surer grounds of their fidelity be gotten the◠is or can be expected and this is the bottom of all my sorrow But to proceed I find if all hold that is intended that they think it is almost at a point to set forward if they had their
Words for which Alphabet as yet there is no use found And also from the Key it self wherein tho there be upwards of 80 new coyn'd Words yet in all this Parcel of Letters there is not six of them made use of which likewise appears evidently from the tenor of all his Letters and particularly from the beginning of the long Letter pag. 31. where he says I did truly in my Proposition mention the very least Sum c. and a little after he says and what I proposed I thought altogether so far within the power of those concerned c. and towards the end of that same Letter he says But before it be given over I wish I had such a Conference as I wrote of to you a Week ago c. by which and many other Passages and Circumstances what is above-said becomes undenyable The method or way of opening the long Letter discovered by Mr. Gray for further Confirmation BUT for further Discovery of this Treason The Secret Committee finding that Mr. William Carstares one of the Prisoners sent down from England was not only frequently mention'd in several of Argiles Letters but related to in them as one of the principal Agents in these Affairs They endeavour to bring him to a Confession but all endeavours were fruitless untill he was put to the Question according to Law and Custom of this and other Nations in such Cases where Persons under great and pregnant presumptions of the knowledge of Crimes refuse to confess they are by Law to be put to Torture especially where they refuse to depone upon Oath to the Interrogators proposed their Depositions being always declared to be of no force nor danger to themselves all which concurred both in Mr. Carstares and Mr. Spence This man albeit he was not easily brought to confess yet once brought to it seem'd very ingenuous And what he deposed at several times is insert to a word in his Deposition which is not here insert to evite prolixity being at full set down in Ierviswoods Process hereto subjoyned pag. 23. Every step discovering a new Scene of Treason the Secret Committee did order the apprehending of Polwart Torwoodlie Philiphaugh Gallowsheils and the Earl of Tarras as those who had corresponded with other Scotsmen and Englishmen in England on these Treasonable Designs Polwort and Torwoodlie being indeed most active and conscious to themselves of the highest Guilt were more watchful over themselves then others and so escaped before they were taken the other three were brought in to Edinburgh where Philiphaugh and Gallowsheils did at their first appearance freely and voluntarly confess as is subjoyned in the said Process against Ierviswood pag. 14 15 16 17 18 19 20 21 22 23. both these had assurance that their Confessions should not militate against themselves without which they could not legally be examined upon Oath in so capital a Crime Alexander Monro another of the Prisoners being likewise examined did depone as is subjoyned in the said Process and shortly thereafter the Earl of Tarras without either craving or receiving any security but on a sincere remorse for his Guilt did give in an ingenuous Confession of what he knew of the Design as it is there also subjoyned pag. 12 13 14. These Depositions and Testimonies both in England and Scotland concurring to bring a manifest Guilt on Baillie of Ierviswood as one of the most active and violent in these Conspiracies whereby he did design with all possible rigour and imaginable violence to destroy the sacred Person of His Majesty and His Royal Brother to overturn the Monarchical Government of Britain to destroy our established Religion the Property and Liberty of all Subjects to settle all the Power in the hands of Bloody and Fanatical Assassinats to break off the happy Peace and Tranquility wherewith God hath blessed us under the Reign of a most Gracious King and in place thereof to throw these Nations into Ruine and War and to bring over our Isle a Deluge of Blood he was pitched upon as the first Person who should be brought to Tryal for these Execrable Crimes and accordingly on the 23 of December 1684 he was brought before the Justice Court the Privy Council having commanded such Advocats as he named to plead in his defence so far as Law could allow the Libel adduced against him being found Relevant beyond all Controversie he was by a Jury of Noblemen Barons and others his Peers found guilty of these Execrable Crimes and by the Proofs adduced against him in presence of the Judges Jury Panual and a Croud of all kind of People who were Auditors they were all convinced of his Guilt wherefore he was on the 24 of December condemn'd to the death of a Traitor being Hang'd Quartered and his Quarters affix'd The plain and evident probation adduced against Baillie of Ierviswood in this Process the Probation and Confessions of Captain Thomas Walcot and Iohn Rouse in England not only at the time of their Trial but at the time of their Death when all dissimulation was to little purpose The faint Defences of the Lord Russel and Collonel Sidney with the open Prevarications in their Confessions and the certain Demonstration by the discoveries which are laid open in Argiles Letter and the concurring circumstances of the Keys which discovers his Language the Identity of the Decypher found out in England and in Scotland without any correspondence betwixt the Decyphers with that discover'd by Mr. Spence Argiles own Servant and Trustee the unalterableness of the Position of the words in these Letters discovered by Mr. Gray which in any other Position can make no sence do not only amount to a sufficient probation but to an evident and irrefragable demonstration of the truth of the Conspiracy in its blackest view And chiefly of the late Argiles unalterable malice to his King and Country which he would have past as a Standard in his Exposition and Paraphrase of the Test under the names of his Religion and his Loyalty in which sense only he was to swear it then and to vindicat it since in his Book And any who will but consider the foregoing evidences must have the famine opinion of the truth of his Book and of the Justice of his Plea And no body can doubt the truth of such evidences but such as would rather wish these villanies execute then discovered FINIS 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 Iusticiariae S. D. N. Regis tanta in praetorio burgi de Edinburgh vigesimo tertio die mensis Decembris 1684. Per nobilem Potentem Comitem Georgium
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 thaâ— the King would abandon him Sic Subscribitur Hugh Scot. Perth Cancel Queensberry George Mckenzie Io. Drummond George Mckenzie Edinburgh October 29. 1684. Sederunt Lord Chancellour Lord Secretary Lord President 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 Polwort 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 manag'd the Discourse It was likewise propos'd to seize the Officers of State especially the Chancellour and Thesaurer and the said Sir Iohn 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 said 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. Iames 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 Danvers 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 Iames Stuart above-named He was introduc'd to the Earl of Argile with whom he had never before conversed 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 proposed 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 Iames Stuart was of the Deponents Opinion for seizing the Castle because it would secure Edinburgh the Magazines 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 Country 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 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