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
Factors home who are gone to try how the Countrey will like such Goods as they are for or against the making sale of Friends I mean Merchants wrote to me that after I had spoken to you possibly you might come this way the better thereby to advise them what to do in this case for I have signified somewhat of it to them but not so far as this because I thought to have seen you long ere this time But I hope you will not misconstruct of my staying seing in it I designed nothing but advancement of our Trade but once this Week these Factors sent for will be here and then matters will in instanti either off or on break or go thorow Wherefore in reference to Friends I desire you will advise me what to do if you cannot or think it not convenient to come here if you do let a Letter preceed and if any strange thing fall out this Week or the next I will again post it towards you I think when this and the next Week is gone and no News come from you that I shall set forward being still so ready as that in 12 hours I can bid adieu The Whiggs are very low as well in City as in the Suburbs all Meetings being every Sunday beset with Constables to keep them out and what they get is stollen either at evening or morning This Winter many of the great Bankers and Goldsmiths in Lombardstreet are broken and gone The Baâ—tam Factory in the Indies is taken by the Dutch Confusion Confusion in Town and Countrey such as you never saw Mrs. Ward and several others desire to be remembred to you My endeared respects to your self and B. with the young men arrived This I have writ in short and in hast expecting a Line with as great hast as you see is needful for Matters are full as high as I tell you Farewel From your Friend and Servant while Io. N. Postscript Be sure that you direct not for Bednal-green but for me at Mr. Mead's in Stepney near London By this time the Conspiracy had broke out in England and by the Papers sent down from the Council-board there to the King's Officers in Scotland it was plain that Argile and some other Scotsmen had joyned in the Conspiracy as appears by what follows The Abstract of the English Depositions THomas Shephard on the 29. of Iune 1683. deposed That Mr. Ferguson told him of an General Insurrection intended in England and Scotland and that in order to it Sir Iohn Cochran Mr. Baille of Ierviswood Mr. Monro Sir Hugh Campbel and Sir George Campbel of Cesnocks were come up to treat with the Englishmen about it and that Argile had made a Proposition offering for 30000. pound to begin the Rebellion in Scotland and to raise a great Force and ere it were undone he would begin with 10000. That Mr. Baillie of Ierviswood told him frequently what Steps were made in this and that the Lord Russel c. had agreed to raise 5000. pound and that they expected the other 5000. pound to be raised in the City which failing the Scots-men were to go beyond Sea and that Baillie told him he had advised the Earl of Argile to accept of this 10000. Pound and that he would remit it into Shepards hand and that Mr. Charleton had undertaken to raise the 10000 pound The said Shepard declares that he spoke with Commissar Monro sometimes of this Money and that Sir Iohn Cochran knows of it also and that Monro complained to him that it was too little and that the delay of paying it would ruin them all On the 24. of August the said Shepard declares that Baillie did send Carsteres to him to speak further of these things and that Sir Iohn Cochran did also regrate the delay in payment of the Money all this the said Shepard deposes upon Oath as is contain'd in his Deposition repeated in the following Process Page 23. MAjor Holms declares That he knew from Mr. Carstares that some person proposed the raising of 30000. pound to be given to Argile for buying of Arms towards his going into Scotland and that 10000. pound was agreed upon that the Duke of Monmouth and Lord Russel did send him word by Carstares that the Money was to be remitted to Argile for the said end and that he the said Holmes had writ so much to Argile at Carstares desire that Argile did send to him many Letters in Cyphers and that Mr. Spence knew how to direct them that he shew'd some of Argiles Letters to Carstares and that Carstares had often spoke to him both in the Coffee-House and Exchange about Argiles going into Scotland to carry on the Conspiracy that he cannot Decypher the long Letter marked Number 3. nor can he positively say to whom it was directed but was to have been carried by Carstares to Ferguson and by him to the other chief men concerned in the Design That the Letters marked Number 2 is from the Countess of Argile to her Husband and that the Letter marked Number 5 was from Argile to his Lady which he knew by a Mark on the back That Spence went by the name of Butler and that the late Earl of Argiles Letters were direct to him by Spence That Castares told him the persons concerned had condescended to give 10000. pounds to Argile that he did so write to Argile and that Argile had writ to him that 30000. pounds was the least he could accept of This was given in by Holms on the 3. and 7. of December 1683. ZEchariah Bourn on the 10. of December 1683. before Secretary Ienkins deposeth That Mr. Baillie did sit up a Night or two with Mr. Ferguson in the Deponents House and that they went several times to the Managers of the Conspiracy that Ferguson told him their main Business with the Conspirators was for getting 10000. pound promis'd to promove the Insurrection in Scotland and that Baillie was the chief man in it next to Argile that Ferguson told him he was to go over with the Bills of Exchange and that Argile was to command the Scots RObert West declares That Ferguson told him that Argile would raise a sturdy Commotion in Scotland if he had but 6000. pounds that Cessnock Sir Iohn Cochran and other Scots were come up to London under pretence of treating for Carolina but in truth to consert matters for a Design in Scotland ON the 29th of Iuly 1683. Hepburn a Scots Vagrant Minister declared that he knew by several Hands and Persons that there was a Plot and a rising intended both in Scotland and England All these Depositions were taken in England except Earlstons and Campbels After this one Mr. Spence who past under the name of Butler being apprehended there was sent to Scotland Major Holms declared that Spence did pass under the name of Butler that he came over from Holland with a Cargo of Argiles Books to disperse them that he landed at Harwich that he could
no more then that the Objection regulariter procedit in Crimes which of their own nature are not perdifficilis probationis and are not inter crimina excepta such as the Cryme of Conspiracy and Treason is MR. Williom Fletcher Oppons the Objection and Reply and further adds that albeit crimen loesae Majestatis be reckoned inter crimina excepta and so have some priviledge as to the qualification of Witnesses yet it cannot be denyed but there are some Objections competent against Witness adduced for proving Conspiracies and Treason verbi causa that a Witnes is a Capital Enemy or that he is sub potestate accusatoris and the Objection now pleaded being taken complexlie viz. That the Earl of Tarras is not only sucius criminis but also that he is publico judicio reus upon the same Crime and that as means to procure His Majesties savour he has submitted himself and come in His Majesties mercy by an acknowledgment of the Cryme before the Dyet of Citation he is obnoxious to a most just Objection viz. That he is sub potestate and by the submission and Confession his Life and Estate is now in His Majesties hands so that he is not only in the case of a reus confessus but in the case of a Witnes who does absolutely depend upon His Majesties Advocate the Pursuer and as a private accuser could not adduce his own Servants to be Witnesses because they are â—estes domestici and depend upon him so far less ought a Witnes to be adduced who not only depends as to his Estate but as to his Life and the Law gives a very good reason and which is mentioned by Paulus lib. 1. receptarum sententiarum cap. 12. parag ult In these words de se confâ—ssuâ— non est audiendus ut testis ne alienam salutem in dubium deducat qui de sua desperavit and as to the pretence that a Conjuration is a Cryme so occult that it must either be proven by such Witnesses or otherways the guilty person will escape It is answered that in this case His Majesties Advocate had an easie remedie â—or he might have pursued the Pannal before he pursued the Witness and the Terror and Apprehension of the event of a Process for Treason cannot be constructed otherways then to have influence upon the Deposition of the Witnes and as to the Citation out of Farinaâ—ius it is only in the case oâ— â—ocius â—riminis but when he comes to treat de â—este accusatio vel carcerato Quest. 56. articulo 4 to He sayes Regula sit in accusato quod is pendentâ— accusatione à testimonio repellitur and be the 2 d. Rule of the same Arâ—icle He sayes it is a principle quod carceratus testimonium ferre prohibetur and he gives this reason quia praesumitur quod falsum testimonium diceret pro aliquo qui ei promiserit se liberare a vinculo and limits this Rule that he must be carceratus propter crimen SIr Patrick Hume adds that it is a certain principle that any person that is guilty infamia juris cannot be a Witness no more than a person that is Convict and Condemned of Treason and if he were Convict and Condemned of Treason he could not be a Witness even in the case of Treason so neither can the Earl of Tarras in this case be received a Witness for he being adduced a Witness after he received his Indiâ—ment and confessed the Crime is equivalent as if he had been actuall Convict and whatever may be pretended that testes infames may be admitâ—ed yet it was never asserted by any Lawyer that a person Convict of Treason can be admitted a Witness THe Lords Repelled the Objection against the Earl of Tarras and ordains him to be received a Witness WAlter Earl of Tarras aged fourty years married purged and sworn being Interrogat if about the time that Sir Iohn Cochran and Commissar Monro got their Commission from the Carolina Company for London the Pannal Mr. Robert Baillie of Ierviswood did not desire the Deponent to speak to Commissar Monro to try if he could get him the â—aid Pannal added to that Commission Depones affirmative Being Interroâ—at if the said Ierviswood the Pannal did not tell the Deponent that he was resolved to go to London however upon his own Expenses and that his and their going about the Carolina Bussiness was but a pretence and a blind but that the true design was to push foreward the people of England who could do nothing but talk to go more effectually about their bussiness Depones affirmative Depones that the Pannal did settle a Correspondence with the Deponent whereby he was to give an account to the Deponent of what should pass betwixt the Countrey Party in England and the Scots men there and on the other hand the Deponent was to Write to him what occurred here Depones that the Pannal did say to the Deponent if the King would suffer the Parliament of England to sit and pass the Bill of Seclusion that that was the only way to secure the Protestant Religion Depones that the Pannal said to him that the King might be induced to do so if the Parliament would take sharp or brisk measures with Him or the like Depones these words were spoke to him by the Pannal since the holding of the last Session of this current Parliament and before the Pannal and Commissar Monro went for London Depons that after the Pannal went to London he did give the Deponent an account by Letters that things were in great Disorder there and that he hoped there would be effectual Courses taken to remeid them Depones that Mr. Robert Martin did come to Mr. Pringle of Torwoodlies House in May 1683. or thereby and brought a Letter to the Deponents Lady unsubscribed but the Deponent knows it was Ierviswoods Hand-writing who was then at London and that Mr. Martin told the Deponent that things in England were in great disorder and like to come to a hight and that the Countrey Party were considering on methods for securing the Protestant Religion And that Archibald sometime Earl of Argile was to get ten thousand pounds Sterling whereas thirty thousand pounds Sterling was sought by the Scotsmen at London which was to be sent over to Holland to provide Arms and that the late Earl of Argile was to Land with these Armes in the West-Highlands of Scotland and that the Deponents Friend Ierviswood the Pannal was to be sent over with the Money Depones that Philiphaugh and he went to Gallowshiels House where they met with Polwort and Gallowshiels and that it was talked amongst them there that in case those in England should rise in Arms that it was necessary in that Case that so many as could be got on the Borders should be in readiness to deal with Straglers and seize upon Horses and that thereafter they should joyn with those tâ—at were in Arms on the Borders of England Depons That in the
Popery correspondence with France and accession to the Popish Plot and then if the King were once free from the influence of the Dukes Counsels they were confident he might be moved to reform their Abuses and secure their Religion and Liberties for the future to their contentment 5. It was resolved that till we got the foresaid account from England and were satisfied thereanent and knew others here who were to be communed with their Sentiements of what methods were most proper for us in case we should undertake we should not meddle further only it was left to the Earl of Tarras and me if we thought fit to acquaint Sir William Scot younger with some of the matter of this Conference overly without taking notice of our Informers or such an Conference and it was recommended to all to be enquiring at such as they had some trust in indirectly about the affection of our Neighbours and what Arms there was amongst them that if we should get an satisfying account and resolve to joyn we might know where to seek Men and Arms suddenly here it was said by Polwort as I think that if the E. of Tarras Torwoodlie Gallowsheils and I once took Horse he thought the most part of the West end of Tiviotdale and Selkirk Shire would soon come to us especially when they heard England was risen then we trysted to meet there against Midsummer Fair betwixt and which the forsaid account was expected but in case it came to any of our hands sooner we promised to advertise the rest that we might meet presently if the case required this is the substance and sum of what passed at the forsaid conference that I can now remember but I remember I was likewise told these following particulars in privat by Polwart or Torwoodlie which of them I cannot distinctly tell the day of the forsaid conference or within a short time after 1. That Polwart keeped the correspondence with our friends at London I remember not positively of any of them that was named to be on the entrigue there except my Lord Melvil Sir Iohn Cochran Ierviswood and Commissar Monro for I hardly knew any of the rest and as I think Commissar Monro was call'd his correspondent there 2. That the Money to be advanced by the English partie to Scotland was ready when Mr. Martin came from London and it was expected that within few days after it would be dispatched with some confident to Holland whither by Bills or in Cash I cannot say it was call'd ten thousand pound Sterlin and was to be imployed as I was told by that confident at Argyles sight for buying Arms providing Ships to transport them with Argyle to the West here and such other Charges 3. That how soon our friends at London got notice of the safe arrival of the confident forsaid and all other things were finally concluded there which was expected would be about the middle of Iune as I remember they would come home and as they passed would give them or one of them an particular account of all resolutions taken to be communicat to the rest that it was not to be expected by Letters that behoved to be under figures and dark expressions and as I remember they were written as it were about the Carolina business or some houshold Furniture as I was told for I never remember I saw any Letter either direct to London or sent from it on that head 4. I was told there was a Sign and a Word agreed on by that Party so that men might know with whom they might use freedom the Word as I remember was Harmony and the Sign the opening two Buttons in the breast coat and shutting them presently this I communicat to the Earl of Tarras but does not mind I ever saw it used except when I visited Park-Hay here in Town about the end of Iune we discoursing a little freely he asked if I had the Word and Sign of the Carolina men and I having given them he said something to this purpose that he was afraid that the Carolina business did not go well for there had been some of the Managers expected here as I think he named Ierviswood or Commissar Monro these eight days past but there was none come nor could he learn that any of their Friends had heard from them for several Posts Polwart Torwoodlie and I met at Gallowsheils on Midsummer Fair but I mind nothing passed but private whisperings Dated September 15. 1684. and subscrived thus Iames Murray Edinburgh December 23 1684. THe Deposition above-written being read to the said Iames Murray of Philiphaugh in presence of the Justices and Assizers he adheres thereto in all points upon Oath Sic subscribitur James Murray Linlithgow I. P. D. THe said Iames Murray further depons That at their meeting at Gallowsheils it was resolved that they should keep up their Cess unpayed till their next meeting at Midsummer which was to be at Gallowsheils and should deal with all these they had influence upon to do the like and that upon the supposition mentioned in his Oath given in It was spoke amongst them that the Troupers Horses should be seized upon when they were grasing And this is the Truth as he shall answer to God Sic subscribitur James Murray Linlithgow I. P. D. HVgh Scot of Gallowsheils aged 36. Years married purged c. and sworn Depons That the Earl of Tarras and Philiphaugh did come to the Deponents House in May 1683. and Polwart came likewise there where there were Discourses and Proposals that if the English would rise in Arms their Friends in the South Shires should rise with them and that they should seize the Horses belonging to the Kings Troops where they grased and the Town of Berwick and the Castle of Stirling And likewise it was there discoursed anent the late Earl of Argiles coming to invade Scotland but because of the uncertainty of Sea Voyages there was not much stress laid upon it Depons It was also proposed that some of the South Countrey whom they trusted in should be acquainted with it and that endeavours should be used to learn what Arms was in the Countrey Depons There was some such discourse there as that the Earl of Tarras Philiphaugh Torwoodlie Polwart and some others should draw to Horse with the first when the rising should be in readiness that it might be expected that the South parts of Teviotdale and Selkirk Shire would joyn with them And this is the truth as he shall answer to God Sic subscribitur Hugh Scot. Linlithgow I. P. D. HIs Majesties Advocat produc'd other Depositions emitted by Gallowsheils before the Lords of the Secret Committee whereof the Tenor follows Edinburgh the 14 of September 1684. GAllowsheils Depons that the E. of Tarras and Philiphaugh being in his House in May 1683. Discoursed of an intended rising in England and of Proposals made to Scots men to rise with them and of London in particular and that Polwort was present at
that Meeting and told he was sure the Englishmen intended so and that it was Discoursed at that Meeting amongst them that it were fit to seize Berwick and Stirling and that it was talked amongst them of bringing the Duke of York to Tryal and 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