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A29404 A brief account of the indictment, tryal, conviction and execution of Mr. Robert Bailzie of Jeresswood upon the 22th, 23th and 24th of December 1684 : at His Majesties capital city of Edinburgh in his ancient kingdom of Scotland : where the said Mr. Robert Bailzie was hanged and afterwards quartered for high treason. Baillie, Robert, d. 1684. 1684 (1684) Wing B4507; ESTC R24671 2,529 2

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A Brief Account OF THE Indictment Tryal Conviction and Execution OF M r. ROBERT BAILZIE OF JERRESSWOOD Upon the 22th 23th and 24th of December 1684. at His Majesties Capital City of Edinburgh in his Ancient Kingdom of Scotland Where the said Mr. Robert Bailzie was hanged and afterwards Quartered for HIGH TREASON ON Monday December the 22th 1684. about nine in the Morning the said Mr. Robert Bailzie of Jerresswood had his Indictment by sound of Trumpet and Heraulds in their Formalities to appear the 23th at two of the Clock in the Afternoon before the Lords Commissioners of the Judiciary at which time he did appear accordingly The Assize and Witnesses being called and silence made and he in Pannel his Indictment was read by the Clerk of the Court with an audible Voice to the effect following viz. That he the said Robert Bailzie having casten off the fear of God Allegiance to his Sovereign Lord the King had most treacherously notwithstanding of several Laws and Acts resett harboured maintained and corresponded with Archibald Champbell late Earl of Argile and Mr. Veatch two desperat and ●ore-faulted Traitors and that he had joyned in Councel with the late Lord Russel Commissar Monroe the Lord Melvill Sir Thomas Armstrong Sir John Cochran the two Cessnocks and divers others in that hellish Conspiracy for taking away the Lives of his Sacred Majesty and Royal Highness and for subverting the Government and for that effect had assisted voted and consulted for the uplifting of ten thousand Pounds Sterling for buying of Arms to be employed for raising of Forces c. His Majesties Advocate produced his Warrand from the Lords of the Privy-Councel for his Insisting against him and Sir George Lockhart and Sir John Louder upon their Allegiance to assist the King's Advocate which they did The Advocates for the Pannel i. e. Prisoner were Sir Patrick Hoome Mr. Walter Pringle Mr. William Fletcher Mr. James Grahame and Mr. William Bailzie who protested they might have the liberty of a free Debate which was granted and they insisted that as to the Corresponding with the Rebels libelled it ought not to be sustained as a point of Dittay it being Res hactenus Judicata the Pannel being fined in six thousand pound Sterling before the Councel for the said Crime already His Majesties Advocate hereupon restricted his Libel to the other Crimes libelled The Lords found the Libel Relevant and admitted the same to Probation Then the Jury were chosen and sworn viz. The Right Honourable the Earl of Strathmoir The Right Honourable the Earl of Balcarrass Sir George Skeene Provost of Aberdeene Sir James Flemminge Provost of Edinburgh Sir John Ramsey of Whitehill Mr. Andrew Hepburne of Humbie Mr. Andrew Bruce of Earleshall Mr. John Stewart Tuttor of Appin Mr. Alexander Miln of Carrin Mr. James Ellies of Stein 〈…〉 ●ills Sir William Drummond of Hauthornden Major Andrew White Lieutenant of Edenburgh Castle Mr. David Grahame Sherriffe of Wigtoun and David Burnet Merchant in Edinburgh The Witnesses were called and first the Right Honourable the Earl of Tarrass who deponed that Mr. Robert Martin was sent from London by the Pannel and other Conspirators there to perswade his Lordship and several other South Country Gentlemen to rise in Arms secure Berwick the Castles of Edinburgh and Striveling the Officers of State and Army which being done they were to have pressed his Majesty to have permitted the Parliament of England to have sitten and to pass the Bill of Exclusion and many more things his Lordship very clearly deponed The Advocates for the Pannel objected against the Earl of Tarras that the could be no Witness for he being Socius Criminis incarceratus sub metu Mortis and being indicted for the said Crimes Regiam Majestatem the Act of Robert the Second and Common Law allowes no Witnesses to be allowed in such Cases His Majesties Advocate answered that in Plots and Conspiracies it was impossible to have proved the same except such Persons were sustained as Witnesses So the Lords repelled the Objection in respect of the Answer and sustained his Lordship a Witness The second Witness was Commisser Monroe who was brought from his Majesties Castle of Blackness by a Party of Horse of the Lord Drumlanricks Troop and deponed that the Pannel was present at several meetings at London and that he did contribute for sending Mr. Martin into Scotland and that he desired he might be sent to Holland to the Earl of Argile with the ten thousand pounds Sterling and many more things to this Purpose and Effect The third Witness was Murray of Philliphaugh and Scot of Gallousheilds who both deponed Conformes precedentibus in omnibus as to the riseing of Arms c. His Majesties Advocate produced for further Proof the judicial Confession of Mr. William Carstares before the Lords of the Privy Councel c. The Probation being closed the Advocates on both sides made very learned Speeches to the Assize i. e. Jury who immediately thereafter viz. at the hour of twelve at Night did close themselves in and having chosen the Earl of Strathmoir Chancellor i. e. Foreman they rose about three a Clock in the Morning and at nine brought in their Verdict viz. That they found it proven that he was Art and Part in the Crimes libelled and that he had concealed the same Which being publickly read and the Verdict thereafter closed by the said Earl his Seal the Sentence of Death was pronounced as followeth Forsameckle as it is found by an Assize that Mr. Robert Bailzie of Jerresswood is guilty of the particular Crimes mentioned in his Dittay Therefore the Lords Justice General Justice Clark and Remanent Lords Commissioners of his Majesties Justiciarie and I in their Names decree and adjudge the said Mr. Robert Bailzie to be taken to the Mercatt Cross of Edinburgh this present 24th Instant of December and there betwixt two and four a Clock in the Afternoon to be hanged on a Gibbet until he be dead his Head to be cut off and affi●ed upon the Netherhow of Edinburgh his Body to be quartered the one Quarter to be put upon the Tolbooth of Jedburgh the other on Lanrick the third on Aire and the fourth on the Tolbooth of Glassgow and Ordaines all his Lands and Rents Goods and Gear to be forefaulted to his Majesties Use his Arms torn and rent his Coat Armor all to be razed out of the Lyon Books so that he nor none of his Posterity shall bear Arms in time to come The Sentence being given by sound of Trumpet and Heraulds in their Formalities did tear his Coat of Arms in face of Court trample the same under foot and did cast them in his face and thereafter went to the Mercatt Cross and performed the rest of the Solemnities usual Just before the Sentence he professed he was never privy to any Conspiracy against the Life of his Sacred Majesty Royal Highness or any Person in the World and that he never did design to subvert the Government but what he had done was for the Redressing of such Grievances he thought were lying upon the Nation and that he died Innocently and with a good Conscience After Sentence all he said was That he had too short a Time At the Place and Time in the Sentence mentioned he was Executed saying very little on the Scaffold FINIS London Printed for W. Davies in Amen Corner 1684.