The process and endytment of these first ten martyrs of Jesus Christ who (besids Thomas
Paterson who dyed of his wounds in the tolbooth) suffered together at Edinbrugh December
7. 1666. for that ever-memorable testimony at pent land wednsday November 28. 1666. Curia Justitiaria S. D. N. Regis, Tenta in praetorio burgi de Edenbrugh,
Quarto die mensis Decembris 1666. Per Dominum Joannem Hume de Rentone Justiciariae
Clericum & Gulielmum Murray Advocatum Justiciarium Deputatum. Curia Legittime Affirmata.
INTRANT.
- Captain Andrew Arnote.
- Major John Mc. Culloch.
- Gawine Hamiltone in Mauldslie in Carluke Parochine.
- John Gordone of Knockbreck.
- Christopher Strang tenent in Killbryde.
- Robert Gordone Brother to John Gordone of Knockbreck,
- John Parker Walker in Kilbryde Parochine.
- John Ross in Mauchline.
- James Hamiltone tenent in Killiemoore.
- John Shiels in Titwood.
YOw, and ilke ane of yow, are endyted and accused for that; Albeit by the common Law,
and the Law of nations, and the Law and practick of this Kingdome, and many cleare
and express [Page 2] acts of Parliament, the riseing of his Majesties subjects, or any number of them,
and the joyning and assembling together in armes, without command, warrand or authority,
and specially, when the samyne is not only without, but against, and in oppositione
to his Majesties authority and Lawes; are most horrid and hainous crimes of rebellione,
treasone and laese Majestie, in the highest degree, and all persons committing, and
guilty of the saids crymes, or any ways accessorie therto, or who do [...]h abbet, assist, recept, intercommune with, or keep correspondence, with such rebells,
or any ways doth supply them in any maner of way; or being required be proclamatione,
or other ways, doth not ryse with and asist his Majesties Lievtenant Generall, and
others haveing power and authority, for repressing these rebells; ought to be proceeded
against and severely punished as traitours, conforme to the Lawes and acts of Parliament
of this Kingdome: And in particular, it is statute and ordained, be the third act
of King James the 1. his first Parliament, that no man, openly or notourly rebell
against the King, under the paine of forfaulting Life, Lands and goods: And be the
27th. act of the said King James his 2d. Parliament it is statute, that no man willfully recept, mantaine nor doe favour
to open and manifest rebells, against the Kings Majestie, and commone Law, under the
pain of forfaulture; And be the 14th. act of King James, the 2d. his 16. Parliament, entituled, that no rebell against the Kings persone or authority, it is statute that whosoever doeth rebell against the Kings persone and authority,
or makes warr against the Kings Liedges, that they should be punished according, and
after the quality of their offence and rebellione; And be the 25th. act of the said King James the 2d. his 6th. Parliament, entituled, sundry poynts of treasone, it is statute, that if any man commit or doe treasone against the King his person
or authoritie, or ryse in feire of weire against him, or recepts any that hes committed
treasone, or supplies him in helpe, red or counsell, shall be punished as traitours:
And the 144th. act of King James the 6th. his 12th. Parliamente; it is statute, that wherever any declaired traitours or rebells repairs,
in any place of this realme, non of our Soveraignes Liedges shall presume to recept,
supply or intercommune with them, or to give them any reliefe or comforte and that,
immediately [Page 3] upon knowledge of their repaireing to the bounds, all his highness obedient subjects
doe their exact diligence, in searching and apprehending the saids traitours and rebells,
and that with all speed they certifie his Majestie, or some of his secret councell,
or some chieff persons of authority and credite within the Shire, that such rebells
are within the same, under the paine that the saids traitours and rebells ought to
sustaine, giff they wer apprehended, and convict be justice; Lyke as be the 5th. act of his Majesties late Parliament, and first session therof, it is declaired,
that it shall be high treasone to the subjects of this Kingdome, or any number of
them more or less, upon any ground or pretext whatsomever, to ryse or continue in
armes, to make peace or warr, or make any treaties or Leagues with forraigne princes
or estates, or amongst themselves, without his Majesties speciall authority or approbatione
first interponed therto, and his Majesties subjects are discharged, upon any pretext
whatsomever, to attempt any of these things, under the said paine of treasone: And
be the 7th. act of his Majesties foresaid Parliament, and first sessione therof, all his Majesties
subjects are discharged and inhibited, that none of them presume, upon any pretext
or authoritie whatsomever, to require the renewing or swearing the League or Covenant,
or of any other covenant or publick oathes, concerning the government of the church
or Kingdome, without his Majesties speciall warrand and approbatione, and that none
of his Majesties subjects offer to renew, or sweare the same, without his Majesties
warrand, as they will be answerable at their highst perrill: NEVERTHELESSE, ye, and
your complices, shakeing off all feare of God, and conscience of duetie, alleagiance
and Loyaltie to his sacred Majestie, your native and Soveraigne Prince, and Naturall
tenderness to your countrie hes most perfidiouslie and treasonably contraveened the
saids Lawes and acts of Parliament, and committed the saids crimes in maner afterspecified:
In suae farr as this his Majesties ancient Kingdome, haveing for many years suffered
and indured, all the calamities, miseries, tragicall effects and consequences of
ane civill and intestine warr, and forreigne usurpatione; And now after his Majesties
happy restitutione, beginning to recover, of so Long and wasteing ane consumptione,
through the blessing of God, and his Majesties incomparable goodness and clemencie,
haveing by ane act of oblivione [Page 4] secured the Lives and fortunes of yow and others, who wer conscious to themselvs,
and might have justly feared to be under the Lash and compass of Law and justice;
and when his Majestie and his good people had just reasone to expect security and
quiet at home, and assistance against his enimies abroad: Yet ye and a party of seditious
persons, retaining and persisting in your inveterate disloyaltie and dissaffectione
to his Majesties Government and Lawes, did take advantage and opportunity of the tyme,
when his Majestie was engaged in a chargeable and bloody warr with divers his neighbour
Princes and States, being jealous of and envying his Majesties greatness and prosperity,
and the happiness of these Kingdomes under his Majesties Government, and haveing contrived
and projected a most horrid insurrectione and rebellione, tending to involve againe
his Majesties Kingdomes in blood and confusione, and to encourage and strengthen his
enimies, did rise, conveen and assemble your selvs together in armes, and upon the. [...] day of November Last did marche to, and enter within his Majesties toun of Drumfries, in ane hostile maner with your drawn swords and other armes, and did besett the hous
where Sir James Turner, one of the Officers of his Majesties forces was Lodged for the tyme, and did violently
seise upon the said Sir James his person and goods within his Lodging, and did detaine and cary him about with
yow captive, and as a Lawfull prisoner taken from ane enimie, and did search for and
wold have taken the minister of the said toune, giff he had not escaped; and whill
ye wer in the said toune, ye and your complices did many other acts of insolence and
rebellione, and haveing in maner foresaid, openly avowed and proclaimed your rebellione,
in so publick and insolent a way, to the greate contempt and affront of authority,
ye and your complices, in pursuance theroff, be yourselvs and others your emissaries
and instruments, sent up and doun through the country, of purpose to be trumpets
of your seditione, did convocate his Majesties people and subjects, and did endeavour
to stirr them up and perswade them to joyne in the foresaid rebellione, and did seise
upon the persons, horses and armes, and plunder and ruffle the goods and houses of
divers his Majesties good subjects, and in speciall of faithfull and Loyall ministers,
and be seditious sermons, insinuations and other practises, did so farr prevaill within
the Stewart [...]y of Kirkcudbright, and shire [Page 5] of Wigtoune, and Shires of Aire, Lanerck and other westerne Shires, the many persons flocking and resorting to yow, ye had
the boldness to send ane considerable party to his Majesties toun of Aire, and did seise upon and take all the armes was there, and not being content to proceede
to the height of rebellione in maner foresaid, ye and your complices did presume,
to regulate your monstrous and irregulare rebellione, in the formalitie and frame,
and under the name and notione of ane army, and to forme and modell yourselvs in troups,
companies, reigments, and to name captains of foot, commanders of troups and oth [...]r officers, under the command of Iames Wallace of Achens, Joseph Lermond and other persons of knowen dissaffectione to his Majestie and his Government! and
though his Majesties Lievetenant Generall did marche speedily, for repressing the
said rebellione and insurrectione, and his Majesties privy Councell did emitt and
issue ane proclamatione, declareing the said insurrectione, to be ane manifest and
horrid rebellione and high treasone, and commanding the saids rebells to desist and
Lay doun armes, with certificatione giff they should continue in their rebellione,
they should be proceeded against as desperate and incorrigible traitours, and dischargeing
all his Majesties subjects to joyne, recept, supply or intercommune with them, and
commanding them to rise and joyne with his Majesties Lievtenent Generall, and the
forces under him, under the paine of treasone: Yet ye and your complices did obstinately
continue, and marche in armes through the country with your modelled army, as giff
yow had been ane enimie, and in capacity to encounter, and dispute by armes with
your Soveraigne Lord and his forces, and did in ane warrlick and hostill maner and
posture, enter within his Majesties toun of Lanerk, and there upon munday the 26th. of November Last, to palliate your rebellione with the colour of religione, did
renewe and take th [...] oa [...]h of the covenante, and Thence did Marche, quartering all allongst upon, and oppressing
his Majesties subjects, untill ye h [...]d the boldness and confidence to approache, within two myles of his Majesties city
of Edinbrugh, where his Majesties judicatories and Lords of his Majesties privy Councell and Sessione
wer sitting for the tyme, and haveing quartered all night within the parish of Collingtoun,
at so neare a distance from the said city, ye and your complices, upon wednsday the
28th. of the said month of November Last did dare and presume to encounter, [Page 6] engadge and fight his Majesties army and forces, under the command and conduct of
his Majesties Lievtenent Generall, and other Officers, at Pentland hills, and did
wound and kill in the said fight and conflict, divers of his Majesties good subjects,
and did all ye could to distroy his Majesties army, untill, be the mercy of God, and
conduct and valour of his Majesties Lievtenant Generall, and other Officers and Souldiers
under him, ye wer vanquished, routed and dissipated, in doeing of which, and ane or
other of the saids deeds, ye have committed and incurred the cryme and paine of treasone,
and are guiltie of being authors, actors, abbeters and accessory to the said rebellione,
and are airt and parte of the same, and therfor yow, and ilk ane of yow, ought to
be examplarilie punished with the Loss and forfaulture of Lyfe, Land and goods, as
traitours to his Majestie, to the terrour and example of others to committ the lyke
heerafter.
PERSEWERS Sr. John Nisbete of Dirletoun knight his Majesties Advocate.
PROCURATORS IN DEFENCE
Advocats
- Sr. George Lockharte.
- Sr. George Mc. Keinzie.
- Mr. William Maxwell.
- Mr. William Hamiltone.
- Mr. Robert Dicksone.
My Lord Advocate produced ane act, and ordinance of his Majesties Secrete Councell,
bearand that the Lords of his Majesties privy Councell, ordained Sr. John Nisbete his Majesties advocate, to persew with all diligence a process of forfaullture, before
the justices, against Thomas Patersone in Glasgow, Major John M. Culloch, Johne Parker Walker, John Gordone
of Knockbrecks, Robert Gordone his Brother, John Ross in Mauchline, Iohn Shiels tenent
to Sr. George Maxwell, Gavine Hamiltone, Captain Androw Arnote, Iames Hamiltone in
Killimoore and Christopher Strang, Prisoners in Edinbrugh, for their Late rebellious insurrectione against his Majestie. Ext. sic subscribitur.
COmpeired Sr. George Lockhart, Sr. George Mc. Keinzie, Mr. William Maxwell, Mr. Williame Hamiltone, and Mr. Robert Dicksone, Advocats, and produced ane act of his Majesties privy [Page 7] Councell, dated at Edinbrugh the fourth of December instant, grantand power and warrand to the forenamed persons,
to compeir and plead for all those persons, who are to be impannelled before the justices,
upon this day, for rebellione. Ext. sic subscribitur.
Pet: Wedderburne.
ASSISA.
- Sr. Alexr. Vrquhart of Cromartie.
- Sr. Harie Hume of Heidrig
- Sr. Lawrence Scote of Clerkintone.
- Sr. Alexr. Forbess of Tolquhone.
- John Hume Servitor to the E. of Hume.
- Walter Forbess of Blacktoune.
- Adame Hepburne of Humbie.
- Alexr. Sandilands Merchant in Edenb.
- John Johnstone Merchant there.
- William Hay Merchant There.
- Walter Burne Merchant in Edenbrugh.
- John Lyon Merchant There.
- John Mc. Gill Merchant There.
- James Cowane Merchant There.
- George Grahame of Cairny.
Master William Maexwell for the pannals alleadges, the pannals cannot pass to the knowledge of ane assise
upon this endytment, nor no process against them upon this citatione, becaus this
being ane indytment of treasone, all charges to be given to persons so indyted ought
to be by a Lyon Herauld, Pursivant or Macer, and is so ordained by act of Parliament
Jam: 6. p. 12. Cap. 125. in Anno 1492: But so it is that thirr pannals are not charged
by heraulds, Pursivants or Macers, conforme to the act, and therfore are not obliedged
to answer.
My Lord Advocate answers to the alledgiance that it ought to be repelled as no ways
relevant, becaus, the act of Parliament doth militate only in the case, when any person
is charged be letters of treasone, to deliver their houses, or doe any other thing
under the pain of treasone, and doeth not militat in the case of citations, and specially
in this case, where the parties are imprisoned, and the dayly uncontraverted practick
is opponed, their being nothing more ordinary, then the person guilty of crymes, and
especialy of treasone, and being in hands and prisone for the same, should be brought
to tryall, without any other formality or citatione, but giving them a dittay.
Sr. George Lockharte for the pannals replyes, that the defence stands relevant, notwithstanding of the
answer, because, the act [Page 8] of Parliament is opponed, which bears the express reasone therof to be founded, upon
the importance and weightiness of the cryme of treasone, which equally militates,
whether the parties accused of such crymes be in prisone yea or not, and practick
and custome hes cleared the sence of the said act of Parliament for it is notour and
Knowen that all indytments of treasone, before the Last act of Parliament, given
to parties accused therof, albeit in prisone, yet was done by heralds and pursivants,
as being the solemnity required be the said act and ther is no warrand from the act
of Parliament, to restrict it to the case of chargeing for delivery of houses or the
lyke.
Sr. George Mc. Keinzie for the pannals, says farder, that the defence stands relevant notwithstanding of
the answer, seing ane indytment is a summonds and citatione, and the act of Parliament
is opponed, declareing that if any other executione of treasone shall be other ways
execute, the samyne shall be null, and the particle, any, comprehends all, and therfore the act is conceived in the same termes, as if it
had said expresly, that all executions of treasone not execute in maner forsaid shall
be null; And Skeene does explaine the samyne in maner forsaid, Neither can the act of Parliament be restricted,
to executions anent delivering of houses, seing after that parte of the act is finished,
this begins with a newe distinctione and item.
My Lord Advocate replyes, the former answer, and act of Parliament opponed, being
clear and express anent charges and executiones under the paine of treasone, wheras
the dittay and charge given to the pannals, bears no certificatione that they should
appear under the paine of treasone, and cannot be subsumed, conforme to the act of
Parliament, that the executione in questione is ane executione under the pain of treasone;
and for the citatione, the tyme of the late Parliament it cannot be obtruded, becaus
such solemnity, if any was used before so high a judicatory as the Parliament, was
unnecessary and superflous, and superflua non nocent, and cannot be urged as a practick.
Mr. William Maxwell for the pannals, duplyes, that the defence stands relevant, notwithstanding
of the replyes, that wheras it is alleadged, that the act is only where ther is ane
certificatione under the pain of treasone, bot this dittay bears no certificatione
of such a pain: It is answered, that the dittay concludes the pain of treasone, so
that the certificatione and conclusione are idem; And ther is no Letters for [Page 9] treasone, or indytment for treasone, but the pain and certificatione is treasone,
and so the defence stands good from the act of Parliament; and wheras it is alleadged,
that the citations before the Parliament be Heraulds, the Parliament being so supreme
a judicatory, was superfluous; It is answered, the Parliament being a supreme judicatory,
they might the better dispense with it, and yet all these charges was by Lyon Heraulds,
bot the justices in their proceedings are tyed to proceed, conforme to the Laws of
the Kingdome.
The Justices repells the allegiance proponed for the pannals in respect of the reply.
Sr. George Lokhart for the pannals alleadges, that the dittay cannot be put to the
knowledge of ane assise, where upon to inferr and conclude the pain of death against
the pannals, because, always denying the dittay, yet albeit the pannals had been accessory
to the acts and deeds of rebellione Lybelled, yet as it is acknowledged be the dittay
it self, They did frame and modell themselves, in the notione of Officers, Regiments,
Companies, and were assaulted be his Majesties Lievtenant Generall and forces, who,
be vertue of his capacity and commissione, he and all Officers and Souldiers under
his Command, might, and de facto did, upon the takeing and apprehensione of the pannals, grant them quarter whereupon
they were taken and laid doun their armes, and which quarter being publica fides, and offered and granted to the pannals in manner forsaid, should be inviolably observed,
and secure them as to their Lyves.
My Lord Advocate answers that the former alledgiance ought to be Repelled, as most
irrelevant, and haveing no ground and foundatione in Lawe; And as to that pretence
that is acknowledged in the dittay, that the pannals and their Complices who joyned
with them in the late Rebellione, did modell themselves, in Companies and Regiments
and in ane army; It is most absurd to infer from that, which is lybelled as a heinous
aggravatione of their presumptione and Rebellione, that they should have had the boldness,
as to put or think themselvs in a capacity, to dispute by armes with their Soveraigne
Lord, and Master, should be a ground of defence or extenuatione, And as to that assertione,
that the Generall, and not only he bot his inferior officers, and the meanest of
his Souldiers, was in a capacity to grant quarters, and to secure the Lyves of Rebells
and traitours; It is a most unwarrantable and illegall assertione, and with all respect
to [Page 10] to the gentlemen that opons the same, it is answered, that it is ane allegiance,
most derogative to his Majesties royall power and prerogative, who only hes power
to remit Crymes, and in speciall, treasone, the greatest of crymes, so that either
to assume, or to give and prostitute so high a prerogative, to any other persons and
especially to officers and common souldiers, it does reflect upon his Royall Majestie,
Unless it were relevantly alleadged, that his Majestie had, be his commissione, given
so high power expresly to his generall and Souldiers, to remit and secure the Lyves
of traitors, which cannot be fancied much less alleadged: And as to the poynt and
pretence of quarters, and that ipso facto thir persons being found in armes, got quarters and were secured as to their Lyves,
even in other cases, it is not questionable; And though ex honestate it may be pretended, that in bello justo, the persons that are taken upon quarters may be spared, yet ex necessitate, there is no obligatione to that purpose, except when ane express capitulatione and
deditio, and explicite pact one to that effect is expressed; but in this case, it is without
all questione, where ther is not bellum justum, but perduellio, there is not hostes, bot proditores, there is not the Least shaddow of pretence for the plea of quarters, except his Majestie
had expressly impowered his generall, and all under him to secure the Lyves, of rebells
subdued by them. And that we are not in the case of bellum justum, which is only betuixt Princes or states, that hes no dependance one upon another,
and cannot debate and decide the difference, but be the Law of armes, and bellum est inter pares; judicium in Subditos. And that in this case there is no jura belli, either postliminium, quarters or such lyk, seing by the common Law, resistentia subditorum is altogether forbidden as unLawfull, and they are not hostes but praedones, and be the Law of this natione, and specialy the acts of Parliament that are cited
in the dittay, it is not war or bellum, but treason in the highest degree, for any number of his Majesties subjects to ryse
in armes without (though it were not against) his Majesties authority, as in the case
of this rebellione, so that seing we are not in the case of bellum, this pretence being founded upon a pretend it bellum justum, is most irrelevant, specialy being considered, that his Majesties Councell, in persewance
of their duty, for repressing the said rebellione and treasone, hes emitted a proclamatione,
found it upon the common Lawes, and the Lawes of the Kingdome, declareing the samyne
to be rebellione and high treasone, and [Page 11] commands the rebells to Lay doun armes, with certificatione that if they should continue
in armes, they should be holden and proceeded against as desperate and incorrigible
traitours, and should be incapable of all mercie or pardone.
Sr. George Mc. Keinzie for the pannals alleadges, that the pannals, and such as appear for them (except
Arnote, for whom they doe not alleadge the getting of quarter) doe with all submissione to
his Majesties prerogative, propone both the forsaid defence and this duply, intending
to assert his Majesties prerogative, by sheltering themselves under his mercie, and
acknowledging that his power is so great, that the meanest of his souldiers can give
quarters, and vvithout debating the justness of the vvar, vvhich they here declyne,
it is alleadged for them, that Capti in bello, abstracting from justum or injustum, are in its latitude capable of quarter, and quarters being given them by such as
are listed souldiers, doth secure them as to their lyfe, seing eo ipso that souldiers are commissionate and listed, they have povver for that vvhich is
necessarely inherent in their imployment, and quarter uses to be valued jure belli, vvhen given by the meanest souldier, for such only uses to give quarter, generall
persons and superior officers not being ordinarly in use to take prisoners, so that
seing these had povver to give (which is only here controvertible) vvhen given, it
is valid, vvithout debateing the justness of the vvar, for seing any of the pannals,
being then in armes, might have disputed and defended his oun lyfe, and might have
possibly reached the Lyves of the greatest that opposed them, in accepting of quarters
and laying aside these armes, they have in effect ransomed their ovvn lyfe, and exchanged
it in favours of his Majestie and his forces vvith the lyves of others; And many Lavvyers
debateing this subject, call this a transactione, and that it should be keeped upon
that acompt, as namely Grotius in his 11 Chap. 14. parag. 3. book. where he debates this case indefinitly, and
Claudius de Cotte de jure & privilegiis militum. Paris de Puteo de re militare. And in reasone, Souldiers, who may defend ther own lyfe, are not oblidged, nor is
it in use when quarters are offered them, to seek the granters commissione, seing
nec mora patitur nec est consentaneum naturae actus, private Souldiers being in use generally to grant the same, and what is customarie
semper inest, except it be expresly forbidden, and the prohibitione so known to the transgressors,
that they are thereby put in [Page 12] mala fide. And the difference betwixt quando justum & injustum, Lyes not here, seing the reasone of quarter is the spareing in prudence the blood
of the one party, and conserving in humanity that of the other, the one wherof, is
at least common to both bellum justum & injustum, bot the difference is, that in bello justo, prisoners taken (though without quarter) cannot be killed, bot in injusto they may, except they have quarter, and that quarter is given betwixt King and subjects,
when formed once (whither justly or injustly) in modelled armies, which is offered
to be proven by persons that understand that trade, to have been actually allowed
betwixt the Hollanders and the King of Spain, betwixt the protestant Rotchellers
in France and the King, and allowed by his Majesties forces in the Hills, and the
rebellious English, though there was no just war amongst those parties, upon the ground
forsaid, Neither is it debated that any bot his Majestie can grant remissions; bot
in Listed Souldiers their giving of quarters, his Majestie doth in effect give it,
and seing neither armies nor Souldiers could subsist without quarter, quando aliquid conceditur omnia concessa videntur sine quibus principale concessum
consistere nequit, and as the Councell for seen reasons, might without express warrand from his Majestie,
have secured upon submissione the lives of those prisoners, so might much more Souldiers,
whose proper trade and calling it is.
Sr. George Lokhart for the pannals answers farder, that the forsaid reply for the
pannals, found it upon the offering of quarters, and the pannals accepting of the
samyne, stands relevant, and is no way elided by the forsaid answer, and that there
may be no mistake of what the pannals and their procurators plead, under the terms
and notione of quarters, it is condescend it that quarter, mentioned in the defences,
proponed and understood in thir termes, viz that the pannals, being in armes and actuall
resistance, and not in the power of the takers, did give up their armes and became
in the power of the takers, upon the granting of quarter, and, that quarter so given,
should in Law operate the security of the lives of the persons so taken, is evident
and apparent, in suae far as it is a transactione and pactione and fides data est accepta, and accordingly fulfilled upon the parte of those who were taken, and in Law all
pactions and transactions, being justitiae commutativae, it abstracts and does not [Page 13] consider the quality and merite of persons, bot the termes, fence and meaning of
such pactions and transactions: And whereas its pretend it that the granters of quarters,
specialy mean Soldiers, had no power to doe the same, as intrenching upon his Majesties
prerogative; its answered, that it ought to be repelled, becaus what his Majesties
Officers and Souldiers did act, consequently and suitably to the nature of their offices,
and to the exercise of their dueties, did flow from, and was warranted by his Majesties
authoritie, so that they ought not to be contra distinguished, the authoritie of
his Majesties Officers and Souldiers, being derived from his Majestie, as the fountain
of the same, but specially in this case, where first before they did enter in fight,
there was no discharge nor prohibitione as to the granting of quarter, bot on the
contrary, the Lievtenant Generall and all the Officers being present, were witness
to the granting of quarter, and thereby the same was not acts of simple Souldiers,
but acts warrand it and authorised, by the knowledge and allowance of persons haveing
supreame commands: And as to that parte, that there was not bellum justum upon the parte of the pannals and their complices, it is answered, that the pannals
doeth with all submissione and humility acknowledge the same, but the consequence
that can be inferred thereupon, is not that quarter given should not be observed,
bot that quarter might have been justly refused; and there is no doubt, bot jura belli, which doe naturally arise, without express covenant and pactione, cannot be extend
it to this case, bot notwithstanding thereof, where quarter was granted in maner forsaid,
it cannot be to interpret in Law or reasone, as to be a snare to any who were resisting
the power of the granters justly or injustly; And its a common and known distinctione
inter deditos & Captos, the first being in the case of a simple surrender, which can import no more but at
most a submissione upon mercie; bot is far otherways in the case of persons [...]aken upon the express termes of granting and accepting quarter, and that this positione
is neither absurd nor illegall, nor destitute of [...]he authoritie of eminent Lawyers, and the practises of most famous [...]nd military nations, may appear from the judicious and learned Grotius, who hes write ex instituto, and most excellently upon [...]he same subject, which he entitles de jure belli & pacis. And who [...]n his nynteenth chaper. 3. book. Entitulate de fide inter hoste [...] [Page 14] 6. paragraph. after haveing premised what does import fides, which he resolves not only to be inferred from write and words, bot even from sense
knowen and customary, he does expressly state this questione, quid ergo dicemus de subditorū bellis adversus reges alias{que} summas potestates? Where he resolves the questione upon the former ground, that pactione and transaction
does abstract from the quality and demerite of persons, that illis etiam fides data servanda est, & generaliter fidem datam servandam etiam perfidis, and the reasone is clear, becaus there is no apparent reasone why the granters of
quarters, haveing interponed their faith, why they should violate the same. And as
to that pretence, that non grants quarters bot these who remits the cryme of treasone,
its answered that its humbly conceived there is a vast disparity, for in the act
of remissione of either the cryme of treasone or any other, its pura oblatio, and the sole act of the granter, wheras the granting of quarters is by way of pactione
and transactione, in impetu & furore belli, and in contemplatione wherof, the persons, supposeing themselvs secured, as to their
lives, by quarter bacame in the power of the granters without resistance. And as to
that ground that his Majestie, by the authoritie of the Lords of his privy councell,
did emit a proclamatione declareing, that the convocatione lybelled was a rebellione,
and that all who were accessory thereto, gif they did not lay doun their armes should
be incapable of mercy; Its answered first, that this proclamatione was not intimate
to the pannals, nor did consist in their knowledge, yet suppose it had been known,
it cannot clide the quarter granted to the pannals, becaus notwithstanding of any
such proclamatione, his Majesties Officers and Souldiers did grant the samyne, long
after the emiting of the proclamatione, and the pannals were in optima fide, finding his Majesties Officers and Souldiers willing who cannot be supposed bot to
have known his Majestie and the Lords of his privy Councell their sence and meaning
of the proclamatione, which behooved to have restrained them from giving of quarter,
yet notwithstanding seing the samyne was granted, the pannals had reasone to beleeve
that they were sufficiently warranted to that effect, and hes rested upon their faith
in accepting the samyne, and albeit be proclamatione, they were declared incapable
of mercy, that neither in reasone or words can be interpreted to the case of quarter,
which was not ane act of simple mercy bot upon pactione and transactione.
Sr. George Mc. Keinzie adds to this former alleagiance, that pactions betwixt King and subjects, though
they cannot be forced, and it is rebellione in subjects to require them, yet being
once made, they not only are ordinarly keept among all nations, bot his Majestie who
now reigns, haveing made with the greatest of the rebells a more dishonorable pactione,
did observe the samyne, viz the Parliament 1649, which his Majestie ordered to be
observed by ane express order.
My Lord Advocate answers and triplyes, primo, though we were in bello as we are not, and in the case of quarter, yet the allegiance is no ways relevant
as its proponed and qualified, and its not condescended, what persons did give quarters
to the pannals or any of them, nor in what termes, and to infer quarters and impunity
from the naked takeing of the pannals, and becaus they are prisoners, its without
any Law or reasone, seeing the pannals might have been overpowered and taken, and
its to be presumed, that his Majesties army being more numerous and victorious, that
they were overpowered and vanquished, and that they were not taken either upon ane
express or ane implicite conditione or capitulatione, and the rebells being routed,
it cannot be thought that his Majesties Officers and Souldiers and persons of such
valour, would have given quarters, upon acompt of a pretended transactione, and in
order to their own safety, and that they wold owe their lives dishonorably to traitours.
Secundo. The former answer is repeated, and it is most evident that we are not in the case
of quarters, and though, where there is bellum, and where there is the relatione of hostes, it may be pretended that quarters ought to be observed, with abstractione from the
quality of the difference of the war, whether just or injust, as when war is betwixt
his Majestie and any his neighbour Princes and estates, though it be injust upon
the parte of these enimies, quarters may and ought to be keept, yet in this case,
where there is no bellum bot rebellio & proditio & laesio Majestatis, where there is not hostes bot praedones, such as all persons are, that are in the conditione of the pannals, who persidiously
doth rise up against their Soveraigne Lord, there can be no pretence for any priviledge
of jus belli and of quarters. And as to that pretence, that fides publica est servanda, its without all questione that when fides is given be ane express treaty, not only between his Majestie and any other stranger
Princes or states, bot betwixt his Majestie and [Page 16] his subjects, be ane act of pacificatione or any other treaty, ought to be observed
religiously, bot we are not in the case where fides publica is given either be his Majestie, or any authorised by him, and haveing express power
to that purpose, and that his Majesties Generall, or his Officers or Souldiers, hes
power to grant any such fides, unless the commissione were express to that purpose, is petitio principii, and is altogether denyed, and that the most that quarters can importe in this case,
though it could be made out that quarters were granted, Is, that the Generall, or
his Officers and Souldiers, be granting of quarters, might have secured them as to
that whi [...]h were in their power, viz that they should not then be presently cut off, bot that
they should have secured them from that which was not in their power, from the just-stroake
of justice, is altogether denyed. And as to the pretence of transactions, and the
reasons and arguments adduced for the pannals to that purpose, if there were any weight
therin, the most it could operate, were to be motives for makeing a Law to that purpose,
that his Majesties Officers, eo ipso that they are in power to serve under him, should have power by granting of quarters,
to secure the Lives of traitours; Bot there is no such Law, and a Generall being
commissionate, and haveing gone to suppress rebells, without any hint to the purpose
forsaid, the defence being neither founded on the common Law, nor upon Lawes nor acts
of Parliament knowen in this country, is most irrelevant, specially being considered
that it is ane undoubted principle, that treasone, being of so h [...]gh a nature, cannot be remitted bot be ane immediate grant and remissione of his Majestie
under the great seal, or some persone haveing commissione, under the great seal expressly.
As to the Authority from the Lawyers mentioned in the alleadgiance, they are bot the
opinions of private men, and does not amount to the authoritie of a Law, specially
in this Kingdome, there being clear and express acts of Parliament, and fundamentall
Lawes, that his Majesties Lieges and people should be governed and judged be his Majesties
Lawes allenarly, and not by the Lawes of any natione, and much less be the simple
opinions and School-dictates of Lawyers; Lykas the said authorities, though they
were of any weight, they doe not meet nor quadrate the case in questione, in respect they are only the case of bellum, as said is, or when there are express and publick transactions, be treaties, edicts
or acts of honesty and oblivione; and Grotius, though [Page 17] he might be suspect, as being the subject of ane estate who had shaken of the government
of their Prince, yet he is most clear in the case, that there is no bellum betwixt subditi and their soveraigne Lord, and that resistentia subditorum is vetita omni jure, and cannot pretend to the jura and rights and priviledges of war, unless the soveraigne authoritie be pleased to
condescend so far, as to capitulate expressly and treate with the subjects; And its
a most groundless pretence, that of a transactione, between the Generall, or any
Souldiers or Officiers as to the matter of quarters, seing it cannot be said that
the Generall had power, to transact be ane express capitulatione betwixt him and
the rebells: And it is without all questione, that the Generall could not have secured
the rebells of this army, be a transactione be himself, without express warrand from
his Majestie, or from his councell, and consequently seing by a dounright and express
transactione of treating, he could not secure traitours, Its gratis and without warrand asserted, that he, and much less his Officers and comon Souldiers,
could be a pretended implicite transactione, secure and indemnify traitours; and it
is without all questione, notwithstanding of the pretences in the contrare, that the
Generall had no power to grant the said security; if his commissione had related
to quarters, as it could not doe in this case, haveing to doe with rebells and traitours,
and not with ane enemy, and if his commission had been express, that he should not
have power to secure the rebells by quarters, bot that they should be altogether incapable
of mercy, no persone could have the confidence to assert, that he would grant quarters
in the case foresaid, and it is clear that we are in a stronger case, seing the Generall
had no such commissione and power to grant quarters, And the Councell be their proclamatione
foresaid, does declare the rebells as said is incapable of pardone, which being intimate
to the Generall, and being sent to him, and intimate to all persons concerned by
proclamatione, to pleade in pretence of ignorantia or bona fides is most frivolous and unwarrantable, seing ignorantia juris nemini prodesse debet, and its their own fault, if, being ingadged and bussied in their rebellious course,
they did not come to the knowledge of the said proclamatione, being founded upon the
common Lawe, and the Law of the Kingdome; It being a principle of both, that traitours
are nulli, and no men in the constructione [Page 18] of Lawe, As to any benefite and capacity of any pretendit transactione, and as to
the instances from the practices of Spain, Holland, France and other Kingdomes, they
doe no ways quadrate in this case, the samyne being as said is of publica edicta, and express treaties and transactions, in respect of all which the defence ought
to be repelled.
Mr. William Maxwell for the pannals quadruplyes, that where as it is answered, that the defence is not
definitely qualified, nor condescended upon the persons granters of quarters, and
in what maner; It is answered, that it shall be condescended upon in write who granted
the samyne, being listed Souldiers and Officers under the Generall, and as for the
maner, the same was in usuall forme that quarters are granted, viz assurance of their
Lives from those who granted quarters: Next, where it is alleadged, that quarters
cannot be presumed to have been granted, his Majesties army being victorious and the
other party routed, who alleadges to have gotten quarters, its answered, that no suppositione
can be admitted, against a positive defence which is offered to be proven; As for
the third, whereby it is alleadged there can be no quarters sustained as Lawfull,
but where the war is just, which cannot be in this case between his Majesties Generall
and the rebells, It is answered, that the pannals oppons their former answer; and
adds that the question is not here in the Lawfulness of the pannals quarrel, but
whether or no his Majesties Lievtenant Generall, being constitute as a Generall, be
his commissione, could give quarters or not: which the pannals mantains he had power
to doe, being his Majesties Lievtenent Generall, by commissione, neither needed any
such express power be insert in his commission, for giveing of quarters, becaus inerat in his commission, and every listed Officer and Souldier under him, he haveing the
said commissione, the like power, as any other Princes Generall and others under
him hes, and to hold the contrare it seems strange, for it was never called in questione
in any nation heretofore, nor did ever his Majestie or his Royall father, call in
questione the quarters granted by their Generall Officers, or listed Souldiers under
him in the fields, but esteemed the same ever sacred, to be keeped even unto these,
who were in a modell of ane army of rebellione in the tyme, and if quarters should
not be kept, but elided by a secondary way of pannalling [Page 19] the persons receivers of the quarters, it should both intrench upon the word of the
Generall his commissione, and Souldiers, to whom hereafter non may give trust, especially
in a mater of sua high concernment, after their Lyves are secured to them be quarters.
And as for the alleadgiance, that the Generall could not treate or assure them by
a publick transactione, without the consent of his Majestie or his councell, the pannals
first Leaves that to the consideratione of his Majestie and his secret Councell, giff
the Generall being clade with a commissione from his Majestie, hes not power to treate,
to grant quarters or receive any of those who are in rebellione to peace, where in
his commissione is ample and not restrictive; The pannals answers no further, but
oppones the amplitude of the commissione, the constant course observed be his Majestie,
and his fathers Generalls of before, the assurance given for their Lyves by the quarter,
and the dangerous consequence may insue thereupon: And where as its alleadged, that
the pannals, being traitours the quarters cannot operate for them, to exime them from
the tryall, and inflicting the punishment conforme to the Law of the Kingdome, since
they must be ruled by the Lawes of the Kingdome, and there is no Law that can warrand
their rebellion, or exeem them from the punishment due to rebells; It is answered,
that the case now in debate is, whether quarters given to persons, modelled in ane
army in the fields, giff they haveing received quarters, there being no Law to discharge
their Generall to give quarters, if they did not Lawfully accept therof, he Lawfully
grant it; for albeit the Lawes of this Kingdome rules in tyme of peace amongst all
the subjects, bot in the tyme of war, where there is two armies in the fields, there
the Law of armes takes place, and the Law of nations, whereupon the faith given in
quarters is founded, most be keept, and never was broken. And as for the alledgiance,
that giff the Generall had been restrained by the commissione to give quarters, the
quarters given be him could not be respected, and that its alleadged the case is alyk
here, there being a proclamatione emitted be the Councell, declareing the pannals
actings to be rebellione, and that they were commanded be the same, to Lay doun their
armes within a cer [...]aine space, otherways to be proceeded against as the worst of re [...]ells and traitours, and not to have mercy; It is answered, first, [...]hat proclamatione does no ways derogate to the Generalls commissione [...]hich remained as absolute as before, so long as he remained in the [Page 20] fields, nor does the Councell, be the said proclamatione discharge him to give quarters,
therby to retrench the power of his commissione; Secondly, the proclamatione could
not be knowen to the pannals, who could not have access to the mercate cross, where
the samyne was to be promulgate, Proclamations at mercate crosses being the course
of makeing knowen the Councells pleasure in peaceable tymes, bot the course of war
is when two armies in the fields, the one sends a trumpet with a proclamatione to
intimate the same; Thirdly, They not knowing the proclamatione in the tyme of the
conflict, and the pannals being required to Lay doun armes, showing it was the Councells
will, and quarters being given there upon, as they would have had a good defence,
if they had laid doun armes within the tyme prescribed be the proclamatione, if the
same had come to their knowledge, so lykways in this case, being intimate to them
the tyme of the quarters, and they haveing given obedience thereto, upon assurance
of their Lives, ought not to be broken, in respect whereof the defence stands relevant
notwithstanding of the former triply.
Sr. George Mc. Keinzie for the pannals adds, that the subject mater of this debate is the Law of armes,
and ther being no express positive Law to regulate the same, its offered to be proven,
by such as understand the Law of armes, that quarter is allowed where subjects in
armes ryses against their Prince, though given bot by private Souldiers; except there
be ane express prohibitione in the contrary, Lykas it is offered to be proven be the
Generall, Lievtenant Generall and other Officers, that in this case, they either gave
quarter, or allowed the giveing of quarter, and that honor being concerned, it is
hoped, that the Justices will advyse with the Councell, by whose commissione they
act it, and against whose order this debate will infer he hes malversed; And it is
not knowen upon what acompt he thought himself authorised, to give or allow the giveing
of quarrer, of which he himself can only give ane acompt, and all the liedges in
the natione are here concerned, seing in all subsequent and supervenient broyls, everie
man to make sure shall cute his neighbours throat, so that the innocent shall have
no defence, and rebells shall be fortified in their courage, and necessity, which
legitimates all other acts, in the opinione of such as in furore belli consult with nothing but with their safety, will obdure them much more then formerly,
and of ordinary rebell make them insupportable traitours and rebells, and that place
in th [...] [Page 21] Kings, spoken of by ane of the Prophets to a King of Israell, is here remembered, (wilt thow take the lyfe of those whom thow hast taken by thy bow and sword.)
Mr. William Maxwell for the pannall John Shiels in Titwood alleadges, the conclusione of the dittay cannot be infered against him, becaus its
offered to be proven, that he was in the army with his Majesties Generall, the tyme
of the proclamatione, which comeing to his knowledge, if he had any armes then, he
was willing to Lay them doun, and fo have obeyed the proclamatione, by his willingness
if he had been in the field, so that iff he had been out with the rest of the pannals,
he wold have had the benefite of the said proclamatione, and being then in firmance
and prisoner with the Generall, and being most willing to obey the proclamatione,
the conclusione cannot be infered against him: And wheras the proclamatione, even
for these who should give obedienc therto, the effect therof to them could be to come
to mercy, the pannal does humbly conceive, that the Councels meaning was never to
take the Lives of these who obeyed the proclamatione, specially seing the certificatione
is express, that to such as are disobedient, they should be proceeded against as traitours
without mercy, which clearly includes mercy to the obedient.
Mr. Robert Dicksone for the pannall John Ross, repeats the wholl former defences upon the benefite of quarter, and repeats the last
defence proponed for John Shiell, and humbly craves the benefite of his Majesties proclamatione.
My Lord Advocate answers shortly to the alleadgiance for shiell and Ross, that the same merits no answer, in respect the saids persons were taken as spies
and emissaries, for giveing intelligence to the rebells, and were prisoners for the
tyme, and their armes being taken from them upon the occasione foresaid, they could
not Lay doun the same, nor plead the benefite of the proclamatione, conceiving these
who should be in armes, the tyme of the issueing and proclameing the samyne, whatever
the import and benefite and extent of the proclamatione be, which the persuer neither
doeth nor is concerned to dispute in the case of the saids pannals.
The justices Repells the defence, duply and quadruply proponed for the pannals, in
respect of the Reply and triply proponed be his Majesties Advocate: As also the defence
proponed for Shiel and Ross, in respect of the Replye, And ordains the dittay to pass
to the knowledge of ane inquest.
The assise Lawfullie sworne no objectione in the contrary;
My Lord Advocate, for proveing the dittay, produces the pannals confessione, made
to the Lords of his Majesties privy Councell, and a committe of them, wherof the tenor followes: Viz the said Captain Arnote did confess, that he did joyne with the rebellious party in the west at Aire, and came alongst with them in their marche to this country, and that he did accept
the command of one of their troops, and did ryd upon the head therof; That he came
with them to Lanerk, and took the covenant with them there, and did ryd allongst with them to Bathgate, Collintonne and Pentland and was at the late fight in armes, with his sword drawen. The said Major John Mc. Culloch did confess, that he joynd with the rebells at Aire, and came with them to Lanerk, and there took the covenante with them, and continued with them in armes and rebellione, untill wednsday the day
of the conflict at Pentland, where he was in armes and taken prisoner. The said Gavine Hamiltone did confess, that he joyned with the rebells, and came allong with them, and that
he was in Mc. Cleiland of Barscobs troop, and was in armes at the fight of Pentland, where he was taken. The said John Gordone did confess, he joyned with the rebells before he came to Lanerk, where, haveing taken the covenant with them, he marched and came allong with them to Collintonne and Pentland, on Horsback and in armes, with them at the conflict, where the rebells, were defeate.
The said Christopher strang did confess, that he joynd with the rebells, and was at Lanerk with them, and took the covenant, and came allongst with them to Pentland, and was ane Horsman, in armes with sword and Pistols, under the command of Captaine Patoune comander of one of the rebells troups, and was in armes at the Late conflict. The
said Robert Gordone did confess, that he joyned with the rebells at Douglass, and came allong with them, and had charge as a cornet of a troop of hors, where of
Maxwell younger of Monrieff was Captaine, And that he was in armes with the rebells at the Late [Page 23] conflict. The said John Parker did confess, that he joyned in armes with the rebellious party in the west, and came
allongst with them to Pentland, and was there under the command of Collonell Walace. The said John Ross did confess, that he joynd with the rebells in the west, and that at the desire of
Mr. John Guthrie, one of the Officers of the party, he went allongst to discover, giff the Kings forces
were comeing to Kilmarnock, being in armes and haveing Pistols with him, and going allongst with John Shiels and other persons, to bring the rebells intelligence. The said James Hamiltone did confess, that he joynd with the rebellious party, and was with them at Lanerk, where he did take the covenante, and marched alongst with them in Barscobs troope, with sword and Pistols, and came allongst with them to Collingtone, and from thence to Pentland, and was their in armes when the rebells were defeate. The said John Shiels did confess, that he joynd with the rebellious party in the west, and that he was
employed, and did goe at the desire of Mr. John Guthrie, and some of the Officers that commanded that party, with John Ross and other persons, as a spy to see if the Kings forces were comeing to Kilmarnock, and bring the rebells intelligence. Which confessions being read to the pannals,
and they particularly and severally accused conforme therto, and haveing judicially,
and in presence of the assise, acknowledged and renewed the samyne, My Lord Advocate
therupon took instruments.
The assise be plurality of voyce, elects Sr. Alexander Ʋrquharte in Chancellor.
The assise unanimously all in one voyce, be the reporte of Sr. Alexander Ʋrquharte of Cromarty their Chancellor, finds the persons impannelled above and afternamed, to be guilty and culpable, of
the particulare treasonable acts aftermentioned, containd in the indytment, viz.
Captaine Androw Arnote to be guilty, of joyning with the rebells in the west, comeing allongst with them
in their Marche, accepting the command of one of their troops, and rydeing upon the
head thereof, and comeing with them to Lanerk, and there takeing the covenant with them, and of comeing allongst with them to Bathgate, Collintonne and Pentland, and of being at the Late conflict theirin armes with his sword drawen. The said Major John Mc. Culloch to be guilty, of joyning with the rebells in the west, and comeing with them to Lanerk, and takeing the covenante with [Page 24] them there, and continueing with them in armes, untill wednsday the day of the conflict,
being with them in armes there, where he was taken prisoner. Gavine Hamiltone in Maulslie to be guilty, of joyning with the rebells in the west, and comeing allongst with
them in armes, in Mc. Clelland of Barscobs troope, and in being in armes at the fight of Pentland, where he was taken. John Gordone of Knockbrek to be guilty, of joyning with the rebells before they came to Lanerke, where he, haveing taken the covenante with them, he marched allong with them to Collingtone and Pentland on horsback, in armes with the rebells, and being in armes with them at the conflict,
where the rebells wer defeate and he taken. Christopher strang tenent in Kilbryde to be guilty, of joyning with the rebells in the west, and being at Lanerk with them, where he took the covenant, and comeing allongst with them from Lanerk to Pentland, ane horsmane armed with sword and Pistolls, under the command of Captaine Patoune, commander of one of the rebells troops, and being in armes at the conflict at Pentland, where he was taken. Robert Gordone Brother to John Gordone of Knockbreck to be guilty and culpable, of joyning with the rebells at douglass, and comeing allongst with them, haveing charge as a cornet of ane troop of horss
under the rebells, wherof Maxwell younger of Monrieff was Captaine, and of being in armes with the rebells at the conflict at Pentland, where he was taken. John Parker Walker at Kilbryde to be guilty, of joyning in armes with the rebells in the west, and comeing allongst
with them to Pentland, where he was taken under the command of Collonel Walace. Iohn Ross in Mauchline to be guilty, of joyning with the rebells in the west, at the desire of Mr. Iohn Guthrie and some of the Officers of that party, and of going allong to discover if the Kings
forces were comeing to Killmarnock, he being in armes and haveing Pistols, and going to bring the rebells intelligence.
Iames Hamiltone tenent in Kittimure to be guilty, of joyning with the rebells that rose in the west,
being with them at Lanerk, where he took the covenant, and marching allong with the rebells in barscobs troope, with sword and Pistolls, And comeing allongst with the rebells to Collintone and Pentland, and being their in armes with them when they wer defeate. Iohn Shiell in Titwood, to be guilty of joyning with the rebells, and of going at the desire of Mr. Iohn Guthry and some of their Officers, to see if the Kings forces [Page 25] wer come to Kilmarnock, and to bring the rebells intelligence, and that conforme to their severall confessions;
Sic subscribitur.
My Lord justice Clerke, and justice depute, decernes and adjudges, the said Captaine Androw Arnote, Major Iohn Mc. Culloch, Gavine Hamiltone in Maulslie in Carluke Parish, Iohn Gordone of Knockbrek,
Christopher Strang tenent to Kilbryde, Robert Gordone Brother to Iohn Gordone of Knockbrek,
Iohn Parker Walker in Kilbryde Parochine, Iohn Ross in Machline, Iames Hamiltone in
Kittimore, and Iohn Shiels in Titwood, as being found guilty by ane assise, of the treasonable acts foresaid, to be tane
upon frieday the seaventh day of december instant, betwixt two and four houres in
the afternoon, to the Mercate cross of Edinbrugh, and their to be hanged on ane gibbet, till they be dead; and after they are dead,
their heads and right armes to be cut off, and disposed upon as the Lords of his Majesties
privie Councell shall think fit; And all their Lands, heretages, goods and geir,
to be forfaulted and escheat to his Majesties use, for the treasonable crymes foresaid:
which was pronounced for doome, be Henry Monteith dempster of the Court.
Folloueth that non-such God-daring acte of Councell anent the dissposal of the heads
and right armes of the fore-mentioned martires after they were cut off according to
the sentence and doome pronounced as afore-said. Edinbrugh the 6. of December 1666.
THe Lords of his Majesties privie Councell ordaines the heads of the persones under
written to be cut off and affixed at the places follouing viz. Major Mc. Culloch John Gordoune of Knockbrek and his Brother Roberts at Kirkcubright John Parker, Gawin Hammiltone, Iames Hamiltone and Christopher strang their heads at Hammiltone, Iohne Ross, Iohn Shiels at Killmarnok and Captaine Arnots head at the Wattergate and ordaines the magistrats of the respective [Page 26] places to cause affix the saids heads accordingly and recomends to the Magistrats
of Edinbrugh to cause burie the corpes of the saids persones at such places as they shall think expedient and where Traitours are usually buried.
EODEM DIE.
The Lords of his Majesties Privie Councell ordaines the right armes of Major M. Culloch John Gordoune of Knockbrek and his Brother Roberts, Iohn Parker Waker, Gauine Hammilltoune, James Hamilltoune, Christopher
strang, Iohne Ross in Mauchline, Iohn Shiells tennent to Sr. George Maxwell and Captaine Arnot, who are to be execut the morrow as Traitors to be cut off and by the Magistrats of Edinbrugh to be sent to the Magistrats of Lanerk which they ordain them to affix upon the publick ports of that toune being the place
where they took the covenant.
The Joint Testimony of these who died together in Edinbrugh, December 7. 1666. subscribed by them in prison, the same day of their death.
THis is a great and important work, both for us who are now to render up our spirits
to him that gave them, And for yow who are not a little concerned in the Cause, and
in our blood by justifying or condemning our sentence: And therefore, as we speak
to yow as Dying men, who dare not dissemble with God or man, nor flatter our selves,
So ye should not be idle, curious, or unconcerned Spectators.
We are condemned by men, and esteemed by many as Rebels against the King (whose Authority
we acknowledge) But this is our rejoycing, the testimony of our conscience, that we
suffer not as Evill doers, but for Righteousness, for the Word of God, and Testimony
of Jesus Christ; And particularly for our renewing the Covenant, and in pursuance
thereof, for Preserving and Defending of our selves by Armes, against the Usurpation
and insupportable [Page 27] Tyranny of the Prelats; And against the most unchristian and inhumane Oppression
and Persecution, that ever was enjoyned and practised by just Rulers, upon Free,
Innocent and Peacable Subjects.
The Covenant and Cause being so just in themselves, and the duties of Self-preservation
and mutual Defence in maintenance thereof, being to Judicious and unbyassed men so
clear, we need to say the less for vindication of our Practice: Only, the Lawes establishing
Prelacy, and the Acts, Orders and Proclamations made for Complyance therewith, being
executed against us by Military Force and Violence; And we with others, for our simple
Forbearance, being Fined, Confined, Imprisoned, Exiled, Scourged, Stigmatized, Beaten,
Bound as beasts, and Driven unto the mountains for our lives; And thereby hundreds
of Families being beggared, several Parishes and some whole Country sides exceedingly
impoverished; And all this, either Arbitrarily and without any Law, or respect had
to guilt or innocency; Or Unjustly contrary to all Conscience, Justice and Reason,
though under the Pretence of iniquous Laws, and without regarde had to the penalty
specifyed in the Law; And all Remonstrating of Grievances (were they never so just
and many) and Petitions for Redress, being restrained by Laws condemning all former
Remonstrances and Petitions in the like cases; There was no other remedy left to us,
but that last of necessary Self-perservation and Defence. And this being one of the
greatest Principles of Nature, warranted by the Law of God, Scriptural Instances,
and the consent and Practices of all Reformed Churches and Christian States abroad,
and of our own famous Predecessors at home, It cannot in reason or Justice, be reputed
a Crime, nor condemned as Rebellion by any humane Authority.
Though we be not the first that have suffered for the Cause of God within the Land,
yet we are among the first that have been Legally condemned and put to Death Expresly
for taking the Covenant: And we are so far from being ashamed thereof, that we account
it our honour to be reckoned worthy to suffer for such a Cause; And cannot but bless
the Lord, that we have such a cloud of Witnesses, in this and other Reformed Churches,
going before us in the same duty for Substance, and in Suffering therefore.
We cannot but regrate (if we could with tears of blood) the Nationall and Authorized
Backsliding of the Land, by Perjury and [Page 28] breach of Covenant; The overturning of the Work of Reformation; The great Desolation
of the House of the Lord, by smiting of the Shepherds and scattering of the Flocks;
The Intrusion of so many mercenary Hirelings into the Ministry, who because of Apostacy,
Perjury, Ignorance and Profanness, can neither be acknowledged as God's mouth to
the People in Preaching, nor employed as their mouth to him in Prayer; The abounding
of Popery, Superstition, and Profanness by unheard-of Oaths, Blasphemies, Uncleannesses
and Drinking, even in some whose Office and Place requireth them to be more Examplary;
And the sheding of the Blood of the Saints by the rage of Persecution: And therefore
we cannot but disown all these abominable Laws, Courses & Practices, & declare our
abhorrence of the same, & dissent therefrom; Protesting before Angels and Men, that
we be not interpreted as consenters thereto, and beseeching the Hearer of prayer,
that we be not involved in the guilt thereof, nor partake of the plagues which follow
thereupon.
As this Land was happy above all Nations, for the purity and plenty of the Gospel,
and for a Form of Church Government more conform to the Patern in the Scriptures,
then in others of the Reformed Churches; So we acknowledge his great goodness to us
in speciall, that gave us our lines in such pleasant places: For we have such full
perswasion of the Truth of the Reformed Religion in the Church of Scotland, And have felt so much of the Power and Sweetness thereof, that we do here declare
our firm belief and perswasion of, and adherence to the same, in Doctrine, Worship,
Discipline and Government, according to the Nationall Covenant, the Solemn League and Covenant, the Confession of Faith, Catechisms
Directory of worship, and Propositions for Government; Accounting it our honor and happiness to have been born in it, to have lived in Communion,
with it, and now to die (through Grace) Members, Witnesses and Asserters thereof.
And further as Christians and as Members of the same Church and Common-wealth; in
the Fear and zeal of our God, in Love to our Brethren, in desire of the Preservation
of Church and Kingdom, and for our own Exoneration, now when we take our leave of
the World, We do seriously and in the bowels of Christ, Supplicate, Warn, Exhort
and Obtest yow all the Inhabitants of the [Page 29] Kingdom, from the King to the meanest of the Subjects, according to your old Principles,
Professions, Promises, Declarations, Oaths and Covenants, faithfully to Own, Maintain,
preserve and Defend the said Religion; And after the example of our Noble and Renowned
Ancestors to quit your selves like Men & Christians, in endeavouring by all just Means,
according to your Places and Powers, to shake off this heavy yoke of PRELACY, which
neither we nor our fathers were able to bear, & which is Destructive to all our true
Interests, Religious and Civill: As ye would not involve your selves in the guilt
and plagues of Perjury and Breach of Covenant; And as you tender the good of your
own Names, Persons, Estates, Families and Liberties, as well as of your immortall
Souls; And as ye would partake of the good of God's chosen, and of our joyes, when
ye come so near Eternity as we are.
We shall say no more, but as we were not afraid to take our lives in our hands, so
we are not afraid to lay them down in this Cause; And as we are not ashamed of Christ
because of his cross, so we would not have you offended in Christ nor discouraged
because of us: For we bear you record, that we would not exchange lots with our Adversaries;
nor redeem our Lives, Liberties and Fortunes, at the price of Perjury and breach of
Covenant.
And further we are assured, though this be the day of Iacob's trouble, that yet the Lord, when he hath accomplished the Triall of his own, and
filled up the cup of his Adversaries, he will awake for judgement, plead his own Cause,
avenge the quarrel of his covenant, make inquiry for blood, vindicate his People,
break the arm of the wicked, and establish the just; For to him belongeth judgement
and vengeance: And though our eyes shall not see it, yet we believe that the Sun of
Righteousness shall arise with healing under his wings; & that he will revive his
Work, repair the breaches, build the old wastes, and raise up the desolations; Yea
the Lord will judge his people, & repent himself for his servants, when their power
is gone, and there is none shut up or left: And therefore, Rejoyce, O ye Nations,
with his People: For he will avenge the blood of his servants, and will render vengeance
to his adversaries, and he will be mercifull to his Land and People. So let thy Enemies
perish O Lord, but let them that love him, be as the sun when [Page 30] he goeth forth in his might. Sic subscribitur.
- Iohn Mc. Culloch of Barholm.
- And. Arnot.
- Iohn Gordon of Knockbrex.
- Robert Gordon his Brother.
- Iohn Ross.
- Iohn Shields.
- Iames Hamilton.
- Iohn Parker in Busby.
- Christopher Strang.
- Gavin Hamilton.
Another Testimony which was' also left by such of the Former ten Persons, as were
in the same Chamber with the forenamed Thomas Paterson Merchant in Glasgow; who, being in like manner Indited but dying of his Wounds before Sentence, did communicate
the same to his friends, with his Assent thereunto.
MEn and Brethren, being condemned by our Rulers as Traitors, lest we should seem
to many to suffer as evill doers, in the first place, we bless and praise the Lord
our God, who hath made us (the unworthiest of all men) Worthy to be faithfull to him,
who is King of Kings and Lord of Lords, and in simplicity and godly Sincerity, singly
to mind his glory; and who also maketh the cross of Christ (though by men superscribed
with Treason) our sweet consolation, and his own joy our strength.
2. We declare in the presence of the same God, before whom we are now ready to appear,
that we did not intend to Rebell against the King and his just Authority, Whom as
we acknowledge for our Lawful Soveraign; so we do earnestly pray in his behalf, that
God would open his eyes and Convert his heart, that he may remember his Vowes made
unto God, relieve this oppressed Kirk, and long reign and flourish in righteousness.
3. We declare, that perceaving the Holy Covenants of our God broken, the Work of the
Lord overturned, the Gospel and Kingdome of Jesus Christ despised and trampled upon,
his pure Ordinances corrupted, his faithful and our soul-refreshing Ministers cast
out, and the Land filled with Perjury and Profanity, and like to be hurried back to
that gulf of Ignorance, Superstition and Confusion, whence the Lord did so gloriously
deliver us; And [Page 31] finding our selves not only Spoiled of our most precious blessings, and most dear
enjoyments, but urged and compelled by cruel Violence and Barbarous Persecution to
wicked Apostacy from our Holy Covenants, and to Rebellion against our God; And all
this done by no other hand then the wicked and perjured Prelats; And for no other
ends (whatever they may pretend) then the satisfying of their own vile lusts, and
establishing their so often abjured Antichristian Tyranny, over both Souls and Bodies
of Men; And lastly finding former Petitions condemned as Seditious, and our private
complaints (when but muttered) insolently rejected, We did in the fear and Zeal of
our God, and by the warrant of his Holy Word, according to the first and most Innocent
instinct of pure Nature, and the Practice of all People and Persons in the like case;
And after the Example of all the oppressed Kirks of Jesus Christ, and of our Noble
Ancestors, take the Sword of Necessary Self-defence, from the rage and fury of these
wicked & violent Men, until we might make our heavy Grievances known to his Majesty,
and obtain from his Justice a satisfying remedy.
We will not now mention our particular Sufferings, nor the sighs and groans of poor
wasted Galloway, which though very heavy from the hand of man, are all to light for Jesus Christ;
Nor are we willing to reflect upon these grivous and bitter Lawes and Edicts, by which
they seem to be warranted: Only we know that God is Righteous, whose Lawes and judgments
are Superior and above all the Lawes and Actions of men. And to him who will judge
righteously, We intirely Commit our Cause, which is none other, then the Reviving
of the Work of God and Renewing of his Covenant: Which though it pleased the Holy
and Wise God, not to favour with Success in the field, and though by men it be made
our Condemnation, yet (it is our Righteousness) innocency and Confidence in his sight.
And all praise and thanks be unto our God, who not only kept us stedfast in his Covenant,
and made us Willing and Ready to adventure our Lives for his Name; but hath also accepted
and dignifyed our Offer, with this publick Appearance; Where, in his own glorious
presence before whom we shall instantly appear, and before our often Sworn and once
Zealous and tender Brethren in the same Cause, and in midst of Thee O Edinbrugh, once famous for the Glory and Zeal of God and of this [Page 32] Covenant, we may give and Seal this our Testimony with our blood.
We therefore the unworthiest of all the Faithful, do in the Spirit of God and Glory,
Testify and Seal with our Blood and Lives, that both the National Covenant and Solemne League and Covenant are in Themselves Holy, Just, and True, and perpetually Binding, containing no other
thing, then our Indispensable Obligations to all Duties of Religion and Righteousness,
according to the revealed Will of God, which no Authority nor Power of Man, is or
ever shall be able to disannul; And that our blessed Reformations both from Popery
and Prelacy, and all that was done or ensued, in the sincere and upright prosecution
thereof, was and is the Work of God, which though Men fight against, yet shall they
never be able to prevail: And as this is our Faith, so it is our Hope to all that
wait for the Salvation of God, that our God will surely appear for his own Glory,
and vindicate his Cause and persecuted People, and render vengeance to his Adversaries
even the vengeance of his Holy Temple and broken Covenant. O be not then moved with
our Sufferings which are but Light and Momentany, for they Work for us a far more,
execeding and Eternal vveight of Glory, and for you also a strong Confirmation and
abounding Consolation, against the like trial that possibly may befal you. O then
save your selves from this Wicked and Apostat Generation, and be ye stedfast, unmoveable,
alvvays abounding in the Work and Cause of the Lord; Waiting for the appearance of
our Lord Jesus Christ, vvhich in his Times he shall shevv, vvho only hath Immortality,
dvvelling in the Light vvhich no man can approach, vvhom no man hath seen, or can
see, to vvhom be honour and Povver everlasting. AMEN.
The Testimony of CAPT. ANDREW ARNOT, One of the former ten who died. Decemb. 7.
DEar Friends and Spectators, I am brought by the good providence of God to this publick
place of execution (vvhich is no [Page 33] dishonor) for points of Treason, as is alleadged; but God knovveth (who knoweth the
secrets of hearts) whether in Rebellion or not, I cam forth: He is my witness & will
be my Judge. And whoever they be that any way have been instrumentall or incensed
against me to procure this Sentence against me, God forgive them, & I forgive them.
I am not now purposed to disput the matter of my being in company with these worthy
Christians who are now defeat and broken, their blood shed, and they despitfully
mocked by many: I acknowledge and declare that I was with them. As to the cause of
my being with them, whether in Rebellion or not God knoweth, and all Israel shall. And for me, I say the Cause is the Lords, who made the Heaven and the Earth,
though now it be hated. And I desire to bear witness (with the rest of the worthy
witnesses, who are gone before and are now staged) to that glorious Work of Reformation
in Britain and Ireland, and to Gospel Ordinances in their Purity, as they have been taught and administrated
these 30. Years last by past, And I adhere to the Presbyterial way of Doctrin, Worship,
Discipline, and Government, by General Assemblies, Synods, Presbyteries, and Sessions,
according to the Patern of the holy Scriptures (Jesus Christ himself being the head
Corner-stone) the Confession of faith, Catechismes Shorter and Larger, Directory
for Worship, National Covenant, Solemne League & Covenant, & every Paper tending to
the good of the true Religion. And this I think fit to Testify & Declare under my
hand (not knowing if I shall have any Liberty to speak,) & intend. God willing, to
Seal with my Blood shortly. I confess that unexpectedly I am come to this place, (though
sometimes I have had some small thoughts of it) and I do account my self highly honoured
to be reckoned amongst the witnesses of Jesus Christ, to suffer for his Name, Truth
and Cause; and this day I esteem it my Glory, Garland, Crown & royall dignity to
fill up a part of his sufferings. And now I take my leave of you all my dear and worthy
Friends and acquaintances. The Blessings of the Eternall God be multiplied upon yow
and your seed, and upon all the suffering Friends of Christ this day; upon my dear
and loving Wife, who hath been a faithful sympathizer with me, and upon my dear Children.
The work of God is now at under but Christ shall carry the Day: Blessed is he that
believeth and seeth not, for there shall be a performance. Now the Eternall God, who
[Page 34] brought again the Lord Jesus Christ from the dead, the great sheepherd of the flock,
strengthen and establish you and all the Lord's people. So pray ye, and so prayeth
your Friend.
The Testimony of JOHN SHIELDS, Yeoman one of the former ten who died at Edinbrugh the 7. day of Decemb. 1666.
I Am a man unlearned and not accustomed to speak in publick, yet being now called
to witness and suffer for the Lord in publick, I cannot be altogether silent of that
which Religion and Reason hath taught me anent the cause of my suffering.
I bless the Lord, I suffer not as an evil doer, especially not for any Rebellion against
his Majesties Lawful Authority; I attest him who is the searcher of hearts, that was
never my intention in the least, and it is as litle the nature and intention of what
I have done; But for renewing of the Covenant with the Lord, and following the ends
thereof, as to the suppressing of abjured Prelats, and Intruders upon the Lords flock,
and the restoring of the Government of the House of God by Presbyteries as he himself
hath appointed in his Word, with a faithful, Godly, Called, and Sent Ministery; And
together with pure Ordinances, the Power of Godliness. For this I am concondemned
and to suffer this day. This I acknowledged freely before our Judges; This I still
acknowledg, and am persuaded that herein I witness a faithful Confession. This Cause
and Covenant I commend to all the Lord's People. It is not free for you to forsake
it; You are inviolably ingaged in it; It is not safe to desert it, because of the
Curse of the perjurer and false swearer. There is unspeakable blessedness in the pursuance
of it, whereof I can bear witness to the Lord by my rich Experience since we began
to Do and Suffer at this time for him: Whereupon I cheerfully lay doun my Life for
this his Cause; He it is who Justifieth it, what man or Authority under heaven can
[Page 35] condemn it? Arise O Lord, let not man prevaill against Thee; plead and Judg this Cause which is
thine own, for thine own names sake.
The Testimony of another of the former ten Persons left subscribed with a Friend.
I designed no Rebellion against Lawful Authority, but the suppressing of Prelacy
and of Profanity; and advancing of Holiness in Gods World: In a Word, I adhere to
all the Articles of the good Covenant, and did intend the restoring of our good and
Soul-refreshing Ministers, and the casting out of the dumb greedy Dogs that cannot
bark. In this Cause I was a free Voluntier pressed by none, thinking it my duty to
appear for helping the Lord against the Mighty. This I testify under my hand from
the Tolbooth of Edinburgh, the 6. of December, 1666.
The process and endytment of fyve moe who also upon the former accomp twer together
sentenced at Edinburgh the 10. of December 1666. and of which four, suffered therat upon fryday the 14. of the said moneth. Curia Justiciaria, S. D. N. Regis, tenta in Praetorio burgi de Edenburgh, decimo die mensis Decembris, 1666; Per Dominum Joannem Hume de Rentone, Clericum Justiciariae S. D. N. Regis, & Magistrum Gulielmum Muarry, Justiciarium deputatum. Curia Legittime Affirmata.
INTRANT
- Mr. Alexander Robertsone.
- John Nilsone of Carsock.
- George Crawfurd in Cumnock.
- John Lindesay in Edinbrugh.
- John Gordone in the Parochine of Irongray.
YOw, and ilke ane of yow, are endyted and accused that where albeit, &c. And so to deduce as in the former indytment.
PERSEWER.
- Sr. John Nisbet of Dirltoune.
- His Majesties Advocate.
PROCURATORS IN DEFENCE.
- Mr. John Eleis.
- Mr. Robert Dicksone.
[Page 37]
ASSISA.
- Alexander Douglass of Blaikerstone.
- James Cockburne of that ilk.
- James Hamiltone Portioner of Mortounhall
- John Watson Merchant in Edinbrugh.
- Henry Cheap Vintner There.
- Patrick Scote of Langshawe.
- Alexander Scote Goldsmith.
- John Oliphant Merchand.
- John Archibald of Glen.
- Alexander Cruikshankes Merchand.
- Adam Lesly Merchand in Edinbrugh.
- James Boyd of Temple.
- Thomas Noble Merchand in Edinbrugh.
- Andrew Caddell Vintner.
- John Boyd late Ballzie in Edinbrugh.
The assise Lawfullie sworne, no objectione in the contraire.
The pannals, in presence of the assise Repeats their former confessions, of their
severall and particulare facts, mentioned in their examinatione, taken before the
Lords of secrete Councell, and which his Majesties Advocate adduces as probatione,
and which are specially insert in the verdict of assise aftermentioned.
The assise being inclosed, elects Patrick Scote of Langshawe their Chanceller.
The assise unanimously all in one voyce, be the reporte of Patrick Scote of Langshawe Chancellor, findes the pannals John Nilsone of Carsock, Mr. Alexander Robertsone, Johne Lindsay in Edinbrugh, George Crawfurd in Cumnock and John Gordone in the parish of Irongray, to be guilty and culpable, of the particulare treasonable Crymes and acts aftermentioned,
contained in their indytments. To wit, the said John Nilsone to be guilty, of being with the rebells at the takeing of Sr. Iames Turner at Drumfries, and of joyning with these men that rose in the west, and comeing allongs with them
in armes, and that he was with them in armes at the conflict at Pentland. The said Mr. Alexander Robertsone to be guilty, of ryseing and joyning in armes with the rebells, and that he was one of those, that went to Drumfries and seised on Sr. Iames Turner, and that he went allongst with the rebells to Aire, and that he was at Lanerk, and took the covenante with the rest of that party there, and came allongst with them to Collintoune and Pentland Hills, and that he was in armes at the conflict, with Captaine Arnote, against his Majesties forces, and that he had a drawen sword there and discharged
his pistolls in the fight. The said Iohn Lindsay to be guilty, of joyning with the rebells, with [Page 38] a sworde and pistoll, under the command of Mr. George Cruikshanks, and that he was with the rebells at Lanerk, where he took the Covenant, and that he was at the Late fight, with a sword drawen and a pistoll shote. The said
George Crawfurd to be guilty, of comeing in to the rebells, and joyneing with them as a Horsman, in Balmagachans troupe, and that he was at Lanerk with them, where he tooke the covenante, and that he came allongst with the rebells to Pentland, and was taken beside Mortounhall, the day before the fight. The saide Iohn Gordone to be guilty, of joyning with those men that rose in the west, and that he came allongst
with them in armes, and was in the field at Pentland, in the conflict, and that he was in armes there, And this conforme to the saids pannals
their oun confessions, made both before the secret Councell, and now renewed by them
judicially before the justices, Sic subscribitur.
My Lord Justice Clerke, and justice depute decernes and adjudges, the said Mr. Alexander Robertsone, Iohn Nilsone of Carsock. George Crawfurd in Cumnock, Iohn
Lindsay in Edinbrugh and Iohn Gordone in the parochine of Irongray, as being found guilty of the treasonable acts foresaid be ane assyse, to be tane
upon fryday the fourteenth day of december instant, betwixt two and four in the afternoone, to the Mercate Cross of Edinbrugh, and there to be hanged on a gibbet till they be dead, and after they are dead, their
heads and right armes to be cute off, and disposed upon as the Lords of his Majesties privy Councell shall think fit,
And all their lands, heretages, goods and geare to be forfaulted and escheate to his
Majesties use, for the treasonable Crymes foresaid, which was pronounced for doome, be Henry Monteith dempster of Court.
The acte of Councell anent the dissposall of the saids martyrs their heads after
they wer cut off according to the foresaid sentence. Edinbrugh the 13. December 1666.
The Lords of his Majesties privie Councell Ordaines the Magistrats of Edinbrugh, to cause the heads of these to be execut to morrow, to be affixt one such ports as
they shall think fit and burie their bodies without cuting off their armes, in the
uswall place.
The Testimony of Mr. ALEXANDER ROBERTSON, Preacher of the Gospel, and Probationer of the Ministry, who died at Edinbrugh, December 14. 1666.
FEaring that after the example of others, I should not be permitted to speak openly
to the People, I thought fit (beside my adherence to what my brethren, who have gone
before me, left behind them concerning our common Cause) to leave a word in writ for
satisfaction of them who survive me.
That, for preservation & defence of the true Religion of this church, and for the
relief of my poor brethren afflicted & persecuted therefore, I joyned with others
in Armes, & that I renewed the Covenant, that all men might the better know my Cause and Principles, I am so far from denying
or being ashamed of, that I both acknowledge and avow it as my duty; But let no man
that will not condemn himself upon the same common obligations to do what I did, account
me a Rebell therefore, because with the same breath that I did swear, and with that
same hand that I did subscribe to preserve and defend Religion, I did also swear
to defend the King and his Authority.
Our Church was not more glorious in her self & terrible to her Adversaries, while
we enjoyed pure Ordinances of Word and Sacraments, and her beautiful Assemblies for
Government and Discipline, of the Lords own Institution, then she became of late
deformed by the Usurpation and Tyranny of Prelacy; And I do solemnly declare as a
dying man, who dare not dissemble, that as I thought and still averre that the erecting
of this abjured Prelacy is the cause of much of the Sin in the Land, and of all the
sufferings of the Lords People therein: so I had no worse design, then the restoring
of the Work of Reformation according to the Covenant, and more particularly the extirpation of Prelacy, to which his Ma: and all the Subjects are as much obliged as I. And let that be removed
and the Work of Reformation restored, and I dare die in saying, that his [Page 40] Ma: shall not have in all his Dominions, more loving, loyall, peaceable and faithfull
Subjects, then these who for their non-complyance are loaded with the reproaches
of Phanaticisme and Rebellion.
The fufferings and insupportable oppression of these that could not because of the
Command and Oath of God, acknowledge & comply with Prelacy, may seem light to some,
in whom the spirit of the old enmity that is betwixt the seed of the woman and the
seed of the serpent remaineth, and to others (perhaps their Friends) who look thereupon
at a distance; but as there is just reason to think that if these rigid oppressions
had been made known to his Ma: his justice and clemency would have provided a remedy,
and as the half thereof would have made the Prelats, their patrons and adherents impatiently
mad, for as loyal as they pretend to be; So in the like cases of irresistible necessity,
when there is little open door for representing of grievances and desires, and less
hope of relief thereby, I suppose it will not be found condemned by the Confessions
of Reformed Churches, or doctrine of sound Divines, but that it is authorized by the
light and Law of Nature, by uncondemned examples in the Holy Scripture, and by the
practice of all Christian States, by Armes to preserve and defend mens Lives, their Religion, Liberties and Fortunes; And especially, where they are not seeking to acquire a new Religion or new Liberties, but only to preserve their old or recover them, when they are violently & unjustly
spoiled of the same, as in our case; Otherwise we should sin against the generation
of the just, and condemn, as rebellious, the most of the through Reformations of
the Reformed Churches abroad, and of our own at home.
If this course was Lawfull, and if it was our duty to joyn therein, as I believe and
lay down my life in the perswasion that it was; and if all the Kingdom was (as they
are) bound by Covenant to assist and defend one another in the Common Cause of Religion and Liberty, whatever
may be said of these that came not forth to help the Lord against the mighty, it cannot
but be their dreadfull sin, who joyned themselves in Armes, or took Oaths to oppose.
suppress and break it, seing they have sided themselves against the Lord and his Work,
and their carriage is a much higher degree of Accession to the blood that is shed,
then Paul's keeping of the clothes of them that stoned Siephen to death; And I wish that they may lay the matter to heart [Page 41] and repent of it, that God may forgive them, as I forgive all men, and particularly
Morton who did apprehend me.
I know that there is a holy seed in the Land, who shall be the substance thereof,
and I pray that the Lord may make them more zealous and valiant for the truth upon
earth; I know also that there are many, whose bowells of compassion have been drawn
forth toward these who took their lives in their hands, by Prayers to God for them
and Charity to them, and especially in Edinbrugh toward the poor Prisoners (of whom I may not only say, that what they have done,
deserveth to be told for a Memorial wherever the Gospel is preached, but am assuredly
confident, that besides the blessings of the poor and persecuted, the Lord is not
unrighteous to forget their work and labour of love, which they have shewed towards
his Name, in that they have ministred to the Saints & do minister.) And yet I must
needs regrate, that so many in this City once famous and honoured for harmonious owning
of the Cause and Covenant of God, and blessed above many other Cities with solemn
Assemblies for Worship and Government, should have been ensnared into an Oath so contradictory
to the Oath of the Covenant; & which was devised, contrived and imposed in lieu of
the Declaration against the same, and for a Gravestone to suppress the revival of
the Work of God within this Land.
The Apostacy of this Land is very great by Perjury and breach of Covenant, and so
much the worse and more aggreagable, that it is Authorized and very universal; And
as I cannot but regrate that so many are insnared therein, so I must needs warne all
to abhore and beware of all Declarations and Oaths contradictory to the Covenant
and renounciatory thereof, as they would not involve themselves in the guilt and plagues
denounced against, and ordinarily inflicted upon Perjury and breach of Covenant;
and so much the rather, because this is like to be the Shibboleth and triall of the times.
As for my self, I have seen and doe find so much worth in Truth, which is to be bought
at any rate but sold at none, And so much transcendent excellency and amiableness
in Christ, that not only with cheerfulness & confidence I lay down my life for him
and his Truth, committing my soul to him to be kept in hope of a joyfull Resurrection
of the body; but also bless him that gave me a life [Page 42] to lose, and a body to lay down for him; And although the Merket and price of Truth
may appear to many very high, yet I reckon it low, and all that I have or can do,
little and too little for him who gave himself for me and to me; for I account all
things but loss and dung for the excellency of the knowledge of Jesus Christ MY LORD,
for whom I now suffer the loss of all things, that I may win him, and be found in
him, and that I may not only know the fellowship of his sufferings, but the power
of his resurrection and attain unto the resurrection of the dead.
And as for yow, my dear Friends, as I pray for you, that the God of all grace, who
hath called us unto his eternall glory by Christ Jesus, after ye have suffered a while,
may make yow perfect, stablish, strengthen and settle yow; so I recommend to you
the same truth, that you be not soon shaken in mind, but that ye hold fast the profession
of your faith without wavering; And as you have receaved the Lord, so walk in him;
Warning and obtesting you by all manner of obligations, and by the hope and joy of
that crown which I wait for, that ye keep your selves unspotted with the abominable
courses and practices of these times, whereunto ye may be tempted by the extremity
of suffering, and particularly that ye beware of unlawfull Oaths and Declarations
against the Cause and Covenant of God, that ye have no complyance with, nor give consent
unto this Prelacy, which ye have abjured; And that you be afraid and aware of Popery,
which by Connivance doth so visibly abound and dayly increase; But by fighting the
good fight and keeping of the faith, you may finish your course, as I do, in the assurance
of the crown of Righteousness, which the Lord the righteous Judge, hath laid up and
shall give unto me, and not to me only, but to all them that love his appearance.
The Testimony of JOHN NILSON, Of Corsack who died at Edinbrugh, December 14. 1666.
BEing made a spectacle to the World, to Angels, and to Men, I found it necessary,
for vindication of the Truth & of my self, for undeceaving of some, & encouraging
of others, to leave this line behind me, which with my innocent blood may speak when
I am gone.
I am condemned (I shall not say how unjustly) as a Rebell against Man, but the Lord
God of Gods he knoweth, & all Israel shall know that it is not for Rebellion against God, but for endeavouring to recover
the blessed work of Reformation, and particularly for endeavouring to extirpate Prelacy,
which hath been the cause of so much sin and suffering within this Land, and for renewing
of the Covenant, from the obligation whereof (seing I made my Vow and Promise to the
Lord) neither I my self, nor any humane Authority can absolve me. And if any account
this Rebellion, I do plainly confess, that after the way which they call Heresy, I
worship the God of my fathers.
Although the insupportable oppression, under which I and many others did groan, were
enough to justify our Preserving and Defending of our selves by Armes, yet know, that
the Cause was not Ours but the Lord's; for we suffered all our grievous Oppressions
not for evill-doing, but because we could not in conscience acknowledge, comply with
and obey Prelacy, and submit unto the Ministery of Ignorant, Light and Profane men,
who were irregularly and violently thurst upon us; Neither did we only or mainly
designe our civil Liberties, but the Liberty of the Gospel, the Extirpation of Prelacy,
the Restauration of our faithful Pastors, the Suppression of Profanity, Promoving
of Piety, the sawing of our s [...]lves from unjust violence, untill we had presented our Grievances and Desires; And
in a word, the Recovering of the once [Page 44] glorious, but now ruined Work of Reformation, in Doctrine, Worship, Discipline and
Government, according to the Nationall Covenant and Solemn League and Covenant, to
which I declare my adherence, and through grace shall seal the same with my blood.
My Advocate drew up a Supplication for me, wherein was acknowledged that I had been with the
Rebels; but let none offend thereat: for I do hereby declare, that I was so far from accounting
that course Rebellion, that I judged and still do judge it was my duty to joyn therein,
and my honor to suffer therefore; Otherwise, I should have counted my self accessary
to the blood of the Lord's People which is shed: And cannot but regrate that others
of the Lord's People, when they heard of us, did not come forth with speed to help
the Lord against the Mighty; much more let all mourn, that not only many have appeared
as Enemies, but also conjured themselves against the Lord, & the same Covenant which
they so solemnly sware; And as for the Petition it self, I knew not that expression
was in it.
Being conscious to my self of so much weakness, & so many hainous sins which predomine
in me, & of unfruitfulness under the Gospel and unsutable walking thereto, I confess
my self the vilest of sinners, and desire to mourn for the same, and pray that the
Lord for Christ's sake may freely forgive me, as I have forgiven them that have wronged
me, and hope through the righteousness of Jesus Christ to obtain the same: And I do
exhort all and every one of my friends to more holiness, Prayer and stedfastness,
alwayes abounding in the Work of the Lord; And above all things, to detest & shun
that wicked Declaration against the Covenant; the apparant temptation of the time,
and the very mark of Antichristian Prelacy.
All that I have is but little, but if I had many Worlds, I would lay them all down,
as now I do my life for Christ and his Cause, nothing doubting but the Lord will abundantly
provide for my Wife and my six Children, whom I commit to the Lord's care, and recommend
to the Kindness and Prayers of the faithful; And do lay an express charge on my Wife
that she shew all my Children, that I have bound them all to the Covenant, for which
now I lay down my life, and that she lay it upon them as my last command, that they
adhere to every Article thereof.
The Work and People of God are brought very low: It may be, because they were not
ripe for a deliverance; And for the greater triall, and filling up of the cup of the
Adversaries; Or, because there was little, or less prayer then should have been amongst
these who appeared at this time, that the Lord hath made this late breach. But, dear
Friends, be not therefore tempted to call in question the Work of Reformation; or
to think the worse of Christ and his Cause, because of sufferings; Nor be discouraged
because these few who took their lives in their hands, fell before the Adversary;
For as sufferings are often sweetned by the Spirit of God and Glory that resteth upon
the sufferers, and afterward bring forth the peaceable fruits of righteousness unto
them that are exercised thereby; So the Lord will arise in due time, and have mercy
upon Zion, and plead the cause which is his own: And this Testimony, as I am this day to seal
with my blood, so I subscribe with my hand.
The Testimony of GEORGE CRAWFORD, Yeoman who died at Edinbrugh, Decembber 14. 1666.
SEing I am to die after this manner, I lay before yow this Testimony, which I avow
before God, and leave behind me to the World.
That which moved me to come along with these men, was their persuasion, and my desire
to help them (which with a safe conscience I could not well refuse) who, being tyrannically
opprest by the Prelats and their dependants and upholders, and seing no other way
was left to be taken, took up Armes for their own defence; And if this be Rebellion,
I leave it to the great God the supream Judge to decern: For in my weak judgement,
I found it warrantable from the Word of God, and without prejudice of the King's
Authority (whom I pray God to direct and guide in the right wayes of the Lord, and
to make him prosper therein, so that he may be [Page 46] surely set in his Kingdom, having him whom no enemy can resist to defend him) seeing
there was nothing intended by us, against his or any others just and Lawful Authority.
But that which was my principall and chief design, was giving my poor assistance to
the rooting out of Prelats & Prelacy, and all such as are come into God's vine-yard
without the Masters commission, these Hirelings who came not in at the true door,
Jesus Christ, but have climbed up some other way as thieves and robbers, whose voice the sheep
know not (All which is too sadly confirmed by the dreadfull and horrid sins that are
risen in the Land, and the curses and plagues that have followed thereupon) that so
by taking away these, the abuses which proceed from them, and the sad consequences
which follow their standing, falling with them, the Covenant of God might be re-established,
and true Pastors that were silenced might be set at liberty, their mouths opened,
and they themselves put to the keeping of their flocks, and all other such persons,
who were banished, or any other way under suffering, relieved.
And I do adhere to the way of Church Government sworn to in the Covenant, which I
think and assert to be conform to God's Word; which, with His Spirit directing, is
the only Patern and judge in all controversies: and however our endeavours at this
time have not been successful, it is of the Lord, who will come in his own time, for
he can do as well with few as with many; but it is like the cup of the Adversaries
is not full: And who knoweth, but the Lord God of hosts will hiss for the bee of Egypt and the fly of Assiria, who will be more cruell and blood thirsty then we were, to avenge the quarrel of
his own People, and to make way for the establishing of his own Cause. I say no more,
but as I was willing to hazard my life for this Cause, so I am ready to lay it down
at my Master's feet, seing he calls for it: And I pray the Almighty, to send his Spirit
of Consolation promised by his Son to his own people, to strengthen them and bear
them through, till the appointed time of the Lord's coming with Deliverance; for he
will come for his own Cause, and for his peoples sake, and will not tarry.
The process and endytment of nyne moe of these martyrs who were sentenced together
at Edinburgh the 18. of December 1666. And Six wherof suffered therat upon Saturday the 22. of the said moneth December all upon the former accompt of the Pentland testimony
November wednsday 28. 1666. Curia Justiciaria, S. D. N. Regis, tenta in Praetorio burgi de Edenbrugh, decimo octavo die mensis Decembris, 1666. Per Dominum Joannem Hume de Rentone, Clericum Justiciariae S. D. N. Regis, Et Magistrum Gulielmum Murray Advocatum Justiciarium deputatum. Curia Legittime Affirmata.
INTRANT.
- Mr. Hugh, Mc. Kaill.
- Thomas Lenox.
- Ʋmphrey Colquhoune.
- Ralph Shiels Cloathier in Aire.
- William Pedin Merchand in Aire.
- John Wodrow Merchand in Glasgowe.
- Robert Mc. Millane.
- John Wilsone in the Paroch of Kilmaers.
- Mungo Kaipe in Evandale.
YE are indyted and accused, That where, &c. here to insert the dittay as it is formerly.
PERSEWER. Sr. John Nisbet of Dirltoune Knight his Majesties Advocate.
My Lord Advocate produced a warrand, from the Lords of his Majesties privy Councell,
wherof the tenore followes; AT. Edinbrugh the fyfteenth of December 1666; The Lords of his Majesties privy Councell, ordains. My Lord Advocate, to draw
ane endytment, against Ralph Shiels Englishman, William Pedine Merchant in Aire, John Woddrow in Glasgow,
Robert Mc. Millane Souldier in Galloway, Iohn Wilson in .... And Mungo Kaipe. And to persew them before the justice and his deputes, as traitours; for which these
shall be a warrand, Sic Subscribitur.
The dittay being reade, with a note of each one of the pannals particulare facts,
wherof they were guilty, conforme to their confessions, made before the Lords of
his Majesties secret Councell, and they being severally accused therof, they all confest
the samyne to be true.
ASSISA.
- Sr. William Murray of Newtoune.
- John Smallate dean of Gild of Dumbartone.
- James Pollock Merchant.
- John Craw Merchant.
- Arthure Buchanane of Sound.
- John Gray Merchand.
- Thomas Harper Cordoner.
- James Tait Merchand.
- Robert Young Merchand.
- Thomas Forbes of Blacktoune.
- Lievtenent Collonell George Heriote.
- John Scote Merchand.
- Iames Gil [...]reis Merchand.
- Patrick Borthick.
- Robert Robertsone Merchand.
The assise Lawfullie sworne, no objectione in the contrary.
The pannals in presence of the assise, repeats the former confessions of their severall
and particulare facts, mentioned in their examinations, [Page 55] taken before the Lords of secrete Councell, which are specially insert in the verdict
of assise aftermentioned.
The assise elects Sr. Williame Murray of Newtoun their Chancellor.
The assise all unanimously in one voyce, by the reporte of Sr. Williame Murray of Newtoune their Chancellor, findes the pannals Mr. Hugh Mc. Kaill, Ʋmphray Colquhoune, Thomas Lenox, Ralph Shiels, William Pedine,
Iohn Weddrow, Robert Mc. Millane, Iohn Wilsone and Mungo Kaipe; to be guilty and culpable, of the particulare treasonable acts aftermentioned contained
in the dittay, To witt. The said Mr. Hugh Mc. Kaill to be guilty, of being with the rebells at Ʋchiltrie, and at Aire, when a party of them wer there, and at Lanerk and Cumnock, armed with a sword, and comeing allongst on horsback, and being at severall rendevouzes with them. The said Ʋmphray Colquhoune to be guilty, of comeing in to the rebells, and joyning with them at Kilmarnock, and comeing allongst with them in armes on horsback, and being with them at Lanerck, and being upon a party when the covenant was taken there, and thence comeing allongst with them to the late fight, and that
he had his sword drawen at the battell. The said Thomas Lenox to be guilty, of joyning with the rebells at Douglass, and comeing allongst with them to Lanerk, where he took the covenante, and that he came allongst to Pentland, the place where the late conflict and defeate was, upon horsback, and that he was
in armes and had his sword drawen at the fight. The said Ralph Shiels to be guilty, of engadgeing with the rebells, and that he was at Ʋchiltry and Lanerk, where he took the covenant with the rest, and that he was a Footman, under the Command of Major Lermont, that he came allongst with the rebells to Pentland. and that he was at the fight, where he was taken prisoner. The said Williame Pedine to be guilty and culpable, of comeing unto and joyning with the rebells, when they were at the mure Kirk of Kyle, and that he was with them at Lanerk, and thence came allongst with them to Pentland, and was at the fight there, under the comand of Captaine Arnote, with horse, sword and pistolls. The said Iohn Woddrow to be guilty, of comeing unto and joyning with the rebells, a litle beyond Lanerk, and of being with them when they took the covenant at Lanerk, and of comeing allongst in armes with them from Lanerk, with sword and pistoll, untill the teusday that he [Page 56] came to Edinbrugh, only to refresh himself, of purpose to joyne againe with the rebells. The said Robert Mc. Millane to be guilty, of comeing unto and joyning with the rebells, after they came from Drumfries, and going with them to Ʋchiltry, Aire and Lanerk, where he took the covenant with the rest, and that he came to Pentland, and was in Ballmagachans troope at the fight, where he was hurte. The said Iohn Wilsone to be guilty; of comeing unto and joyning with the rebells, at the Moor Kirk of Kyle, and that he was a Footman, with a sword and gun, under the comand of Captaine Gordone, and that he vvas at Lanerk, and that he took the covenant vvith the rest, and came allongst vvith the rebells to Pentlad, and vvas in armes at the fight. The said Mungo Kaipe to be guilty, of joyning vvith the rebells as a Footman under Captaine Gordone, and that he came vvith them to Lanerk, vvhere he took the covenant, and thence to Pentland vvhere he vvas in fight. And that in respect of the pannals their ovvn confessions,
both formerly made before the Lords of Privy Councell, and novv judicially renevved
before us, in presence of his Majesties justice Clerk and justice depute. Sic subscribitur.
My Lord justice Clerk, and justice depute, decernes and adjudges, the said Mr. Hugh, Mc. Kaill, Thomas Lenox, Ʋmphray Colquhoune, Ralph Shiels Cloathier in Aire, William Pedine Merchand in Aire, Iohn Woddrow Merchand in Glasgow, Robert Mc. Millane, Iohn Wilson in the Parish of Kilmaers and Mungo Kaipe in Evandale, as being found guilty, of the treasonable acts foresaid be ane assise, to be tane
upon Saturday next, being the twentieth two day of this instant, betvveen two and four houres in the afternoone, to the mercate cross of Edinbrugh, and there to be hanged on a gibbet till they be dead, and after they are dead, their heads and right armes to be cut of, and disposed upon as the Lords of his Majesties privy Councell shall think fit, and
all their lands, heretages, goods and gear to be forfault, and escheat to his Majesties use, for the treasonable crymes foresaid, vvhich vvas pronounced for
doom, by Henry monteith dempster of Courte.
The last Speech and Testimony of Mr. HEW Mc. KAILE, Preacher of the Gospel and Probationer for the Ministry, at his death in Edinbrugh, December 22. 1666.
BEing by a great surprisal of Providence, thus staged before the World, in a matter
of so universall concernment to all that fear God and desire to be stedfast in his
Covenant, I could not forbear to leave behind me this standing Testimony, concerning
the Occasion and Uses thereof, for the Glory of God, for the Vindication of my Profession
from the aspersions cast thereon by Men, and the Edification of these by my death,
to whom I had devoted my Life in the work of the Ministery.
I have esteemed the Government of this Church by Presbytery, to be among the chief of the Ordinances of Jesus Christs, which by his blood he hes
purchased, and ascended up on high to bestovv as a gift upon it; as being the very
Gospell-Ministery in it's Simplicity and Purity from the Inventions of Men, and so
the Mean by which other Ordinances are administred, and the most fundamental Truths
made effectual in the hearts of his People, and therefore that it ought with that
same carefulness to be contended for. Experience both of the having and wanting of
it, hath given it this Epistle of Commendation, so as it may be both known and read
of all men: Which is also true of the solemne Engagements of the Nation thereto, by
the Nationall Covenant, and Solemn League and Covenant, which I have esteemed in their
Rise & Renewing, pregnant performances of that promise, Isaiah. 44.5. where it is evident, that where Church Reformations come to any maturity, they
arrive at this degree of saying I am the Lords & subscribing with the hand unto the Lord. So was it in the dayes of the Reforming Kings of Iudah, and after the Restauration from the Captivity in the dayes of Nehemiah: This same promise did the Lord Jesus make Yea & Amen to us, when he redeemed us from spirituall Babylon, which [Page 58] is so much the greater evidence, that these were the very Motions of Gods Spirit
in our first Reformers, that they were expressly designed against the greatest motions
of the Spirit of Darkness in Antichrists and his supports, and against the greatest
consirmations that ever these Abominations attained by the decrees of the Council
of Trent, and that bloody Bond called, the Holy League. And therefore whatever indignity is done unto these Covenants, I do esteeme to be
no less then doing despite unto the spirit of Grace in his most eminent Exerting of
himself; but especially Declaring against the same as flowing from a Spirit of Sedition and Rebellion, to be a Sin
of the same nature with theirs, who ascribed Christ his casting out of Devils to Beelzebub; and that with this aggravation, that these Scribes and Pharisees came never the length of professing Christ, and submiting themselves to Him and his
wayes.
But we are condemned to death upon the account of this Covenant, for adhereing to
the dueties therein sworn to, by such as once did as much themselves as we have done,
and some of them more then some of us: Which considerations have moved me to great
feares of Gods wrath against the Land, according to the curse that we are bound under,
if we should break that Covenant, & in the fear of it many times to pour our my soul
before the Lord; & as soon as I heard of a Party up in Armes in behalf of the Covenant;
(all other doors beings shut, whereby the redress of the manifest violations of it
might be obtained, and these by manifest & unheard of violence obtruded upon others)
to go along with them, being bound by that Covenant against detestable Indifferency
and Neutrality in this matter, & to esteem every injury done to any ingaged in this
Covenant upon account of it, as done to my self: Very Conscience of duty urged me
to this against some reluctancy of fear of what might follow. Upon the same reasons
at Lanerk, with the rest I declared my adherence to the Covenant, by my lifting up of my hand,
after the Articles there of were read.
And here I cannot but with greef of heart acknowledg my fainting in a day of trial,
that being ingaged with them upon such accounts, I many times in fear designed to
withdraw, and at length did, which as it was the occasion of my falling into the hands
of the Enemy, so I think among other things it was the cause why [Page 59] God delivered me into their hands. Upon the same fear, in all my Examinations I have
denied my ingagement with them, and endeavoured to Vindicate my self by asserting
the real designes I had to part from them, and have utterly cast away the glory of
a testimony, which my very being in their company as a favourer of the ends of the
Covenant, and as one willing to contribute my best endeavours for the promoving of
them, but especially my declaring for the Covenant, did bear unto the Truth and Ordinances
of Jesus Christ against this untoward Generation: This I confesse to be no less then
a denying of Jesus Christ, and a being ashamed of his Words before men; but I hope
the Lord who remembreth that we are but frail dust, shall not lay it to my charg,
but according to his faithfulness and Grace will forgive me, who by this Publick Confession,
take to my self sh [...]me and confusion of face, and fly to the propitiation offered to all sinners in Jesus
Christ. And these things as they have procured this death unto me, as an act of Gods
Justice; so they mind me of other evils in mine own heart, that have been the source
of this my unwillingness to take on Christs' Cross: My heart hath not studied to maintaine
that Spirituality in walking with God and Edifying Exemplariness with others, that
became one that had receaved the first fruits of the Spirit and aimed at th [...] Ministery of the Gospel, living in times of so much calamity for the Church of God,
and particular afflictions as to my self. If I had spent my dayes in groaning after
my house from Heaven, would I have shifted so fair an occasion of being cloathed with
it? Alas that I have loved my Lord and Master Jesus Christ so litle! Alas that I have
done so litle service to him, that I have so litle labour to follow Me to my Everlasting
rest. This I speak to these especially, with whom I have familiarly conversed in
my Pilgrimage, that seing the Lord will not grant me Life to testify my real Reformation
of these things, my aknowledgement at Death may have influence upon them, to study
not only Godliness but the Power of it.
As I acknowledg that I have not been free and ingenuous in these particulars formentioned,
so in other things, wherein I interponed that Holy name of God, as to the not being
upon the Contrivance of this riseing in Armes, nor privy to any resolution thereanent,
nor conscious of any Intelligence at home or abroad concerning it, I was [Page 60] most ingenuous: And they have wronged me much, who said that I denied upon Oath,
that which they were able to make out against me, or knew to be truth; But none alleage
Perjury against me, but such as are so manifestly guilty of it before the World, that
their tongues in such allegiances are no slander.
Although I be Judged and condemned as a Rebell amongst Men, Yet I hope even in order
to this Action to be accepted as Loyal before God. Nay there can be no greater act
of Loalty to the King, as the times now go, then for every man to do his utmost for
the Exstirpation of that abominable plant of Prelacy, which is the bane of the Throne
and of the Countrey: which if it be not done, the Throne shall never be established
in Righteousness, until these wicked be removed from before it. Sure I ame these
who are now condemned as Rebels against Him by them, are such as have spent much time
in prayer for Him, and do more sincerely wish his standing, and have endeavoured
it more by this late action so much condemned, then the Prelates by condemning them
to death.
This Disaster hath heightened greatly the Afflictions of our Chuch, and ought to teach all of you
to drink the Wine of Astonishment: Ye have not known tribulation till now; Now we
Judg them happy that are fallen asleep and removed far away, and know that God hath
been taking away his Servants from the Evils that were to come. Know that God's designe
is to make many hearts contrite, that have been formerly too whole, and have not
lamented sufficiently the removeall of his Ordinances and Ministery, and the reproach
rubbed upon the Work of Reformation. Beware that your sorrow be not a momentany motion
of common Compassion, that evanisheth when it may be there is some intermission in
this violent course of sheding innocent blood: Labour to have a constant impression
that may sacrifice the heart, nay ye would live much in apprehension of approaching
Judgment. Certainly th [...] Withdrawing of many from us, and not contributing their help to the great work they
were ingaged to, as well as we, the generall Riseing against us in many places of
the Countrey, but above all this open sheding of the blood of the Saints, which involveth
the land in the guiltiness of all the righteous blood shed from the foundation of
the World, have made Scotland fit fuell for the fire of [Page 61] Gods Wrath. I can say nothing concerning times to come, but this, All things shall
work together for good to them that Love God, and so this present dispensation; And
they shall have most comfort in this promise, who are most willing that such afflictions
as we are brought to, be the way that God choiseth to work their good.
Commit wholly the management of all maters to God, and make it your intire study night
and day to keep your very garments clean: It is hard in times of so generall Corruptions
not to be defiled one way or other; be free of the Sin as you would be of the Judgments,
which will cerrainly be such as will make all the Churches Know, that God is the searcher
of the hearts and trier of the reins, Revel. 2.23. and so will not be mocked by these pretences whereby, men colour their going
along in an evill course, from the real Love that they have to a present world. If
naked Presence amongst them who are esteemed Rebels by men, be sufficient to engage them in the
Crime and Punishment (for that is all the ground of my Condemnation) shall not God
be much more Zealous of his own glory, against all who so much as seem to go along
with this course of backsliding.
As a good Mean and encouragement, to all the duties of our time, labour to be rooted
and grounded in the Love of Jesus Christ; This will be tender of any thing that may
have the least reflexion upon him, His Words or Works, and will prompt the soul to
Zealous appearing for Him at the greatest hazard, and to as much willingness to die
for Him, as to Live that they may Glorify Him. And for the encouragement of yow all
in this matter, I do declare, that ever fince the day of my coming into prison, God
hath keeped my soul free from all Amazement or fear of death; that since my inditement
and sentence, God hath so manifested Himself at several times, that he hath lifted
up my soul above Prelats, Principalities, & Powers, Death & Hell, to rejoice & be
glad in His Salvation; and from my soul to account him Worthy, for whom in this his
Cause I should undergo the greatest shame or Paine; And to assured hopes of Eternal
Communion with Him in Heaven: And that nothing hath more brangled my peace, then shi [...]ting an open and free testimony before my Examinators, to the work that I was ingaged
in.
I do freely pardon all that have accession to my blood, and wish that it be not laid
to the charg of this sinful Land, but that God would grant Repentance to our Rulers,
that they may obtaine the same reconciliation with Him, whereof I myself do partake.
Truely I beleeve many of them if not instigated by the cruel Prelats (at whose door
our blood doth principally lie) would have used more mitigation: But that reluctancy
of mind to shed blood, will be so far from Vindicating of them, that upon the contrary,
it will be a witness against them in the Day of the Lord.
I heartily submit my self to Death, as that which God hath appointed to all men because
of Sin, and to this particular way of it, as deserved by my particular Sins. I praise
God for this Fatherly chastisement, whereby he hath made me in part and will make
me perfectly partaker of his Holiness. I glorify Him that called me forth to suffer
for His Name and Ordinances, and the solemne engagements of the Land to Him, and
thath he hath taken this way to take me away from the evill to come. The Lord bless
all His Poor Afflicted groaning People that are behind.
Hereafter I will not talk with flesh and blood, nor think on the Worlds consolations:
Farewell all my Friends whose company hath been refreshful to me in my Pilgrimage;
I have done with the Light of the Sun and Moon. Welcome Eternal Life, Everlasting
Love, Everlasting Praise, Everlasting Glory. Praise to Him that sits upon the Throne,
and to the Lamb for ever. Though I have not been so with Thee as I ought to have been
in the House of my Pilgrimage yet thow hast made with me an Everlasting Covenant,
Ordered in all things and Sure. And this is all my Salvation, and all my desire.
Bless the Lord O my Soul! that hath pardoned all my Iniquities in the Blood of His
Son, and healed al my Diseases, Bless Him O all ye his Angels that excel in strength,
ye Ministers that do his pleasure. Bless the Lord O my Soul! Halelujah. Edinburgh Tolbooth, December 22. 1666. Sic subscribitur
I have heard that some of the Prisoners are willing to save their lives by taking
the Declaration, That is, by abjuring that Work and Cause for which they adventured their Lives: Which
if they [Page 63] do, our blood shall bear witness against them in the great Day of God. And God shall
so punish some of them in this Life, that they shall curse the day that ever they
shifted to dy on a scaffold.
The Testimony of JOHN WODROW, Merchant in Glasgow, who died at Edinbrugh, December 22. 1666.
I Am condemned to die I shall say little concerning men who have judged and condemned
me, they are to answer to God for it; But I bless the Lord, who hath counted me worthy
to die for so good and honourable a cause. And that I be not mistaken after I am gone
hence, I have thought fit to testify that in singleness and sincerity of heart, I
came into the service, not constrained but from conscience of my being engaged by
Covenant to God, and with a full purpose to perform my vows made in that Covenant
unto the Lord, in the strength of Jesus Christ; And that I might endeavour to restore
again the precious Ordinances to their former purity & power, and to recover the fair
Church in this Land (which our blessed Lord hath purchased to Himself, and bought
at so dear a rate) to her former Beauty, which is now defaced: And particularly to
bring down that Antichristian Prelacy, and that perjured crue of Prelats, who have
so perfidiously wronged the Interests of our blessed Lord and Master, Jesus Christ.
This is the only Cause for which I undertook this service, and joyned with others
my dear and Covenanted brethren; And that I had no intention to wrong the King's person
or Authority, but to seek his real good, according to my duty in the Word of God,
and also as I sware in the same Covenant wherein I did swear against Prelacy. And
notwithstanding I be condemned of men [Page 64] as a Rebel, yet I am justifyed of God, my God and Father, in and through my Lord and Saviour
Jesus Christ, who giveth me sweet peace of conscience and joy of heart: I grant it
is not enough to justify me before Hin, that I had a just Cause, unless likewise I
had, therewith the acceptation of my person through Faith in the Merits of Jesus Christ,
who standeth in our nature in heaven, which I dare declare this day as a dying man,
that I have obtained; for I am confident that through His righteousness made over
unto me, He hath made me free, in which I shall stand for ever; and that within a
few hours I shall see Him in peace, as I am seen of Him; and behold and wonder, and
wonder and behold for evermore that most glorious excellency of His. And this yeeldeth
to me great consolation in all my extremities, were they never so great; This I say
is my peace and consolation this day, even Christ my Righteousness, who hath both
accepted my Person and Cause: Therefore I count it a small thing to be judged and
condemned of men, for my Testimony is on high, and my record in heaven.
And now, my Friends, I am condemned to die for adhering to my Covenant made with God, for Reformation
of Religion and Conversation, to which all ranks of the Land are as well bound as
I, though many (alas! too many) shaking off all fear of God have despised the Oath,
not only by breaking the Covenant, but by professing and declaring avowedly the bond
thereof null, and not binding either to their own or other mens consciences: And
this mischief is framed by a Law, which doth greatly heighten the Sin; O! tell it
not in Gath, and publish it not in Askelon. Oh! that this should be heard of amongst Papists and Pagans, that professed Reformed
Protestants shoulds stand in so litle aw of a solemn Oath, and Name of the great
and living God.
But I exhort and obtest you all, that so much the more as others have made void His
Covenant yow would esteem it the more precious, and closely follow the Reformation
vowed, in every Article thereof, upon all occasion given you of the Lord; And that
you abhor, detest and refuse any engagement whatsoever, that may wrong your Oath in
the Covenant directly or indirectly, as ye would escape the wrath of God that is
coming [Page 65] on such breaking of Covenant, but rather choise the greatest extremity of affliction,
then the least sin of this sort; as Moses did, who refused to be called the Son of Pharaoh's Daughter, but chused rather to suffer reproach for Christ; And be not afraid of suffering
for Christ, as though it were an evill thing, neither scar ye at His cross, for the
Lord Himself saith, My yoke is easy and My burthen light; Yea it is lighter to us then to many that stand by: Believe; Faith maketh all burthens
light to the believing Sufferer.
And now I beseech you believers in Christ, abide in Him and bring forth fruit unto
Holiness, and study tenderness in all manner of conversation, and holiness without
which no man shall see the Lord; And let not this profane and mocking Generation have
any thing to reproach you with, but that whereof you would not be ashamed, that when
you suffer ye may not suffer as evill doers, that whereas they speak evill of you,
they may be ashamed that falsly accuse your good conversation in Christ. It is not
knowledge nor a bare Profession that glorifieth God, but Tenderness, Holiness and
Righteousness, that do commend Religion and His Cause to all men, and shall convince
your Adversaries of their Wickedness in wronging you, and make them the more inexcusable
in that day when they shall be judged: Yea, what know ye, but ye may win others by
your tender and good conversation?
I recommend to you, that ye would be much and fervent in the use of that precious
duty of Prayer, wherein most near Communion with God upon earth is to be found: Be
much in prayer, with and for others, Forsake not the assembling of your selves together
as the manner of some is (I wish they may see the evill of it who neglect it) but
exhort one another, and so much the more, as ye see the day approaching: Earnestness
and diligence will hasten the Lord's coming with relief unto you, and to the Lords
born-down Work; and your slackness in this, may make the wheels of His chariot to
move the more slowly. For the effectuall fervent prayer of the righteous availeth
much with God; It will do more then Armies of men and weapons of War for your defence
and deliverance.
I beseech you also, my dear Friends, that you acquaint yourselves with the Word of God in the Holy Scripture, that ye
may have acquaintance with Jesus Christ who is clearly set forth [Page 66] therein; that ye may know Him in His excellency and come to love and believe in Him
whom ye know; that ye may be acquainted with His revealed will therein, and may know
what is truth, and cleave fast thereto, from a sure persuasion that it hath the warrant
of His Word; and may be guarded against every error of the wicked, and that ye may
fully know what is good and what is evill; And that ye may suffer with confidence,
when ye are brought forth thereto as I am.
Finally, my dear Friends, be ye perfect, be of good comfort, be of one minde, live in peace- and the God of
love and peace shall be with you.
The Copy of JOHN WODROW, His Letter to His Wife, dated Decemb. 22. 1666. which was the Day on which He suffered.
REverence the good Providence of the Lord our God, who can do nothing wrong; For whatsoever
He doth is welldone, and my Soul saith, Amen. I had not a will of my own (my Heart) since that day wherein Yow and I parted, My
Lord and my God captivated it, & brought it to a submission unto His will: I bless
Him for evermore for it, that I was never left to my own will: Praise, O praise Him
all ye living! And O thou my soul praise the Lord for it. I bless the Lord for evermore
that ever He visited my Fathers Family, that ever He condescended to come unto my
Fathers Family, and to give a visit to the like of me: He visited me there, and set
his Love upon me, and hath chosen me for this very end, to be a witness for his covenanted
Reformation. For this my Soul is glad, and my Glory rejoyceth for this Honour wherewith
He hath honoured me; And that, though I be condemned to die by men on earth, yet am
I justifyed of God [Page 67] through the blood of my Saviour Jesus Christ, who standeth in our nature in Heaven,
and hath made me free through his imputed Righteousness made over unto me, in which
I stand for ever; And within a few hours I shall see Him in peace, as I am seen of
Him, and behold and wonder, and wonder, & behold for evermore, even that most glorious
excellency which is in Him. All that which is spoken of Him is but litle: O my Heart,
my dear Love, come and see I beseech yow! I thought I had known somthing of my dearest
Lord before, that I had some love from and to Him before, But never was it so with
me, as it hath been with me since I came within the doors of this Prison; many a precious
visit hath his gracious Majesty given unto me. He is without all comparison; O love,
love Him! O come to Him, O taste and see, and that shall resolve the question best.
The thing I suffer for is the Covenanted Reformation. I bless God, and all that is
within me doth bless and magnify His Holy Name for this, that Scotland did ever enter into a Covenant with the Lord, into a sworn Covenant, with the hand
lifted up to the Lord: And I have now sworn and renewed this Covenant again for my
self & you, and my four Children in all the parts and points thereof; And I pray,
God help you to abide in the Covenant for ever.
And now I give you and my four Children unto the Lord, and commit you to Him as your
Covenanted God and Husband, & my Childrens Covenanted Father. I say no more, but
either study to be indeed a sincere Christian, & a seeker of His face in sincerity,
or else you will be nothing at all. I recommend you and your young-ones to Him, who
is God Al-sufficient, and aboundeth in Mercy and Love to them that Love Him and keep
his Covenant. The blessing of the Covenant be upon you, so fare you well.
So saith Your loving and dying Husband JOHN WODROW.
The Testimony of RALPH SHIELDS, An English-man who died at Edinbrugh, December 22. 1666.
I Am come here to die, and I thank God, it is not for evill doing that I now suffer:
although I be charged with Rebellion against the Kings Authority, yet I declare before
God and you all, that in all this matter I never intended to wrong his Majestie's
just Power and greatness, but for conscience sake did respect Authority as the Ordinance
of God appointed for the punishment of evill doers, and that I wish his Ma: all welfare
both in this life, and the world to come, and that it may be his happiness to consider
his Obligations to God and Perform the same, that so it may be well with him and his
Posterity to many generations; and I pray God make him a friend to His Cause and the
truly Godly who own the same, though falsly called Phanaticks or turbulent persons.
I declare I have such persuasion of the Interest of Religion Reformed, and sworn
unto in the Covenant, that I dare venture not only to lay down my own life, but if
every hair of my head were a man, they should all be put to venture for this cause:
I would not have the world to stumble at the Cause, because of my death after this
manner; for I rejoyce greatly in it, and I desire every good Christian as they tender
their own souls that they would grip fast, lay hold on, and cleave to Jesus Christ
and His way.
My coming out at this time (I say) was not against his Majesty, but for the Covenant
which is now troden under foot; my intention was for the Cause of Christ; I take God
to witness, it was nothing else I came out for, and for that I am free to lay down
my life.
I bless God I am much encouraged in this, and not at all afraied to die for so good
and clear a Cause; and I hope He will bring me thorow all my difficulties in this
dark shadow of death: I hope I [Page 69] have the peace of a good conscience, and have had some glimpses from Jesus Christ
of His countenance and reconciled Face, since I came into this prison, for which I
desire to bless His Name with all my soul, heart and spirit. And I rejoyce that He
hes made use of me to suffer for His Cause; And I think it too litle, not only to
lay down my body, but (if it were possible) even my very soul at the stake for that
Cause and for Jesus Christ my good and kind Master, who hath loved me and given Himself
for me. I give the Lord thanks that I had some of His Presence since I came into this
condition: and again I say, I am much encouraged, and not afraied to die, and bless
Him that I die not as a murtherer, or evil doer, or Rebel to Authority, but for such
a cause as this.
O that it were the happiness of my Nation of England, once to subiect themselves unto the sweet yoke of Christs Reformed Government, under
which this Nation of Scotland hath enjoyed so much of the Power and life of the Gospel, by a faithful Ministry
according to the Covenant sworn by them both.
And now, my dear Friends in Christ, and fellow-Covenanters, though I be a stranger in this Land, being an English-man, but tristed by providence in the prosecution of my calling, to have my residence
for a time here in Scotland, which I look upon, as a singulare evidence of God's special love to me, though I
be a stranger, I say, to many of you, yet I must be bold as a dying friend, to beseech
you by the mercy of God, and by your appearance before Jesus Christ, when we shall
have to do with none but Him as our Judge, that ye be faithfull and stedfast in the
Cause of God, and Covenant which ye have sworn with hands lifted up to the most high
God, which no Power on earth can loose you from, and that ye keep you from snares
unto the contrary, and not suffer your selves to fall into a detestable Neutrality
and Indifferency in that Cause of God; And especially that ye keep your selves free
of any Engagements by word or write, that may wrong your Oath of the Covenant. I commit
my Wife and Children to His care, who careth for them that put their trust in Him
before the Sons of men, not doubting but they shall be eyed with goodwill and favour
by the Godly, after I am gone. And now I render up my Spirit to Him who gave it me,
and for whose sake I now lay down my life. To this God, [Page 70] my Covenanted God, be glory, blessing and praise for now and ever, Amen.
That this is my mind and Testimony, which I leave behind me, I witness by my ordinary
subscription,
The Testimony of HUMPREY COLHOUNE, At his Death, in Edinbrugh, December 22. 1666.
Dear Friends and Spectators,
I Am come here this Day to this Place to die this Death, for crimes for which (I
th [...]nk God) my Conscience doth not condemn me. My crime, as is alleaged, is for Disloyalty
against the King's Majesty; Yet I thank God, that my appearing lately with the Lord's
People was from my sense of my obligation in the Covenant, and the sense of the wrongs
done in th [...] Land, and the crying oppressions committed therein. This was the end of my appearing
for the Lord against His enemies, to bear witness against the same: The which obligation
of the Oath of God, I judge that none on earth can loose the Conscience from. I bless
the Lord again and again, I die for this Oath and Covenant; And I thank God also▪
that I have by the great mercy of the Almighty God in Christ Jesus, obtained mercy
and forgiveness for all my transgressions both against the first and second Table
of the Law: And that through that Ocean of grace which is in the Lord Jesus Christ.
I believe that I am justified and sanctified, and believe now to be glorified with
Him, by that blessed blood of His, which hath purchased this Salvation to me, through
faith in the same, made application of, according to the good Co [...]enant of grace. He hath performed this, out of his wonderfull and incomparable free-grace:
And this is my joy and exceeding great rejoycing and consolation, and all my salvation,
for which I am Grace's debtor [Page 71] throughout all Eternity. I die with this my Testimony, my adherence to the National
Covenant, to the Solemn League and Covenant, to the Work of Reformation a great length
carried on, and now overthrown most sinfully by ungodly Men, who have established
their Apostacy by Law, which no just Power on earth could ever do. Also I adhere to
the Presbyterial Government, the Confession of Faith, Catechisms Larger and Shorter,
And to the Solemn Acknowledgement of the Church of Scotland, And Publick Testimonies thereof against the sins of the time: This day I rejoyce
that He hath counted me vvorthy to lay down my life for Him, as one that beareth witness
against the breach of all the Sacred Oaths and Ties that were established in this
Land, yea by the just Laws both of God and Man, which never could have been repealed
lawfully, as this wicked Generation hath done.
Dear Friends, I hope ye will stand fast in this Obligation, and in the Solemn Oaths
and Ties ye are under, and all the body of the Land also will be stedfast in the same,
upon the greatest hazard ye can meet with; And that ye will study perfect holiness
and nearness with God, which will help to keep you straight in this day of Persecution
and sharp Triall that is now raging in this Land: I bless the Lord, I die not a fool,
though some men have thought so of me by their speeches to me, since my imprisonment:
neither durst I ever be the man to buy my liberty at such a dear rate as Perjury,
and to shake off these blessed bonds I did willingly come under; And I thank God,
I never yet to this moment rued or repented it; And sure I am it is better for me
to suffer the worst of deaths, then to preserve my life by breaking the Oaths of
God. I also give my Testimony against Prelacy and that wicked Hierarchy now established
in this Land, as that which the Church of Christ could never bear untill this day,
it being such a grand Enemy to the purity of the Gospel, and power of Godliness, yea
a yoke which the Church of God groaneth under. I have no more to say, but commends
all you the lovers of our Lord Jesus Christ to God Himself, and to the good word of
His grace, which is able to build you up untill the day of His appearance, and to
give you all an inheritance with them that are sanctified through [Page 72] faith in our Lord Jesus Christ. And subscribes my self an expectant and apparent
heir of the grace of Christ.
The Testimony of JOHN WILSON, Who suffered at Edinbrugh, December 22. 1666.
Good People and Spectators.
I Am here condemned to die upon alleaged Rebellion against the King and his Authority,
which God knoweth, I never intended. For in my judgement, a man's endeavouring to
extirpate perjured Prelates and abjured Prelacy, according as he is bound by Oath
in a sworn Covenant, may very well stand with a man's Loyalty to King and Countrey;
for I am sure, the King and his Subjects may be happy, yea more happy in the extirpation
of Prelates and Prelacy, then in their standing; Yea the Throne shall never be established in peace, untill
that wicked plant be plucked up by the roots, which hath so much wasted and made desolate
the Lord's Vineyard: For my part, I pray that the Lord may bless our King with blessings
from Heaven, and make him a friend to the Interest of Christ, as the best way for
the standing of his Throne to many generations; And I pray for all that are in Authority
under his Majesty, that the Lord may not lay to their charge the innocent blood of
His Saints, which they have shed. But the ground of my sentence is truly, the renewing
of the Covenant with my God, and labouring to defend the same, according to my Oath:
And this I profess is and was my duty, and by the grace of God will not quite it;
And in token hereof, I am here before you all to lay down my life in defence of the
same, and require you all to be witnesses to this my Testimony; I do declare, I am
not ashamed, but count it my glory. I do likewise declare this before you all in [Page 73] the sight of God, the Judge of all hearts, that since the day I did first swear and
subscribe this Covenant for Reformation, it hath been sweet unto me, for I am persuaded
in my Conscience of the warrantableness thereof. I did swear the Covenant four times,
and the last time at Lanerk, which was the sweetest time to me of them all; For with my whole soul I renewed it,
and gave up both my soul and body to Him, to be at His disposal, which, I trust in
God, I shall never rue. Hearty praise and thanks be to the blessed God, that ever
it pleased Him to give unto this poor Church that mercy to enter in Covenant with
Himself, that He might be unto us a Covenanted God, the richest mercy that can be
bestowed on men. I have lived a Presbyterian in my judgement, according as I have
sworn, and judge it to be the only way that God hath appointed in His word, for the
Government of His Church on earth; for under that Government the power and practice
of Religion hath greatly flourished, and many a soul hes been converted to the Lord,
and found sweet fellowship with Him in His Ordinances, by the Ministry of His honest
and lawfully called Servants. And blessed be the day that ever I heard a faithfull
sent Minister preach the Gospell. I do declare before heaven and earth that my whole
designe in this Rising in Armes, was only against abjured Prelacy and Prelates, the great Oppressors of God's Interests, and cruell persecuters of His People, both
in their consciences and bodies; and I judge their Government and way not to be conforme
to the Word of God in the Holy Scriptures. I might cite many Scriptures to this purpose,
but I shall only name two Luke 22.26. but ye shall not be so; but he that is greatest among you, let him be as the yonger;
and he that is chief, as he that doth serve. And 1. Pet. 5.3. neither as being Lords over God's heritage, &c. Yea it may be seen from sad experience, that under their Government, the power of
Godliness hath decayed, and avowed profanity and Popery it self hath increased, both
to the dishonor of the holy Lord, and the great grief of the hearts of the Godly.
I am so persuaded of the truth of the Covenant, and of the error of their way, and
that Jesus Christ is the only King and Lord over His own House, and besides Him there
is none else, for He will not give His glory to another, I am so persuaded of these
things, that I dare seal the truth thereof with my blood, and am [Page 72] [...] [Page 73] [...] [Page 74] come hither for the same end, without any fear or amazement; yea if every hair of
mine head were a man, I would have ventured all according to the Covenant which I
made with my God; And although I be a poor polluted sinner, and my house not so with
God, as it became; yet hath He made with me an everlasting Covenant, well ordered
in all things and sure, and this is all my Salvation and all my desire; And I hope
the Lord will soon tread down all His enemies with shame, and the enemies of His Covenant
also. Therefore, let all that love the Lord Jesus Christ and His Truth and Covenant,
take comfort and courage, notwithstanding of all that which is come to pass, And
let them not be ashamed to adhere thereunto, whatsoever sufferings they meet with
therein, for He will make up that loss in Himself, and avenge the wrongs done to Himself
& them in His own due time: I assure you, Christ is a good Master to serve: if ye
knew Him rightly & His cross, it is sweet & easy to the believer; for He maketh death
to be life, and bringeth light out of darkness. I desire to follow the blessed Captain
of my salvation through well and wo. I beseech you, my dear Friends, whom now I am to part with, that ye stand to the defence of all the truths of God
and of His Word; & that ye receive the Lord Christ, as He hath offered Himself therein,
ye who have not closed with Him; And that he who hath closed with Him, abide in Him
by a lively faith and love, bringing forth fruits, that you may put credit on your
profession, and keep off every thing that may shame your glorious and blessed Master
before this evill and adulterous generation. And I give you all warning and exhort
you heartily as ye love your own souls, and as ye will answer to Him, who shall judge
the quick and dead, that ye stand fast in all the duties ye are sworn unto in the
National and in the Solemn League and Covenant, both towards God, your King and one
another: And that ye beware of snares in taking of any Oaths or Declarations contrary
in the least, to the Oath of God in these Covenants. I leave my wife and little children
upon Jesus Christ my Lord, who are now to be made a widow and fatherless for His sake,
trusting, He will care for them; And I recommend them to the counsell and kindness
of His people under Him. I can forgive the wrong done to me in taking away my life
for this Cause, and wish God to be merciful to these [Page 75] that have condemned me, or have had any hand in my death: But blessed be God, that
brought and hath kept me on His side of this Cause, and honoured me to be a publick
witness for Him and His blessed Truth, and Cause; for which I shall praise Him in
the World to come, whether I now go: yea I will praise Him on the borders of Death
& Eternity. To His blessed Name, Father, Son, and Holy Ghost be praise for now and
ever. So saith your dying friend for Christ.
A true Relation of the Sufferings and Death of MR. HEW MC. KAIL, Preacher of the Gospel
MR Hew Mc Kail having passed, and improven the vertuous means of his Education (at the University
of Edinbrugh, and with his Uncle Mr Hew Mc Kail, Minister there, in whose family he did reside) to the satisfaction and good hope
of all, in the Winter 1661. upon the very turne of this sad Catastrophe, offers himself
to Tryall (being 20 years old) before the Presbytery of Edinbrugh, in order to the work of the Ministery; and being by them amply approven and licensed,
and having preached at several times with the great benefit and applause of all his
hearers, he did preach his last publick Sermon in Edinbrugh, in the Great Church thereof, upon the Sabbath immediatly preceeding that 8 of September 1662. the day affixed by the then Parliament, for the removal of the Ministers of
Edinbrugh.
His text was Song. 1. 7. In this Sermon taking occasion to speak of the great and many persecutions,
to which the Church of God hath been and is obnoxious; and amplifying the Point from
the Persons and Powers who have been instrumental therein, he said, that the Church and People of God had been persecuted, both by a Pharaoh upon the
Throne, a Haman in the State, and a Iudas in the Church; and falling to inlarge the several wayes and manner of the Persecutions [Page 76] of these men, & the issue thereof; the cases of Haman and Iudas appeared in the conviction of his Adversaries, to have such a near resemblance to
the state and condition of the then Rulers of State and Church, that though he did
make no Application, yet he was reputed to be guilty thereof.
Whereupon, within a few dayes thereafter, there was a Party of Horsemen sent to the
Place where he then lived near to Edinbrugh, for to seise his Person and make him Prisoner. But upon almost no more then a moments
advertisement, he escapes out of his bed, and shifting only to another chamber, was
miraculously preserved from the Search then used, though most diligent and accurate.
For this cause, he being necessitated to leave that Place, retired home-ward to his
Fathers house, where having lurked a while, and thereafter as occasions call'd him
spent the four years that have since interveend', in several places and with much
uncertainty. Yet during all this space, to the certain knowledge and sweet remembrance
of all that conversed with him, he was most seriously exercised in the Study of Piety
and true Knowledge, wherein as he greatly advanced above all his equalls, so at length
he became most eminent and exemplary.
While he is thus living and employed at his Fathers house, the late Troubles arising
in the West fall out; and the newes thereof having alarmed him with the rest of that Countrey,
upon the 18. of Nov. last, being the Sabbath, for such motives and upon such considerations as he himself
doth fully afterward declare, he joined himself to those who rose in these parts for
the assisting of that poor afflicted Party, as in their consciences, by their Covenant,
they thought themselves indispensably obliged.
When and where he joined with them, or what was his part, or endeavours amongst them,
needs not to be remembered. Only this is certain, that being of a thin body, and tender
constitution, he was so disabled and weakened with the toil and fatigue of continual
marching and tempestuous weather (particularly at Air, where he lay a considerable time, as if he had been dead, by reason of fainting)
that he could no longer endure it. Whereupon, on Tuesday Novemb. 27. he was necessitated to part from them in the morning, near to the New Bridge
upon Cramond water: And in his way towards Libberton Parish, about twelve [Page 77] of the clock passing through Bread's Craigs, he was taken, without resistance, having only a small ordinary sword, by such of
the Countreymen, as were then sent out to view the fields; in which passage it is
very observable, that his escape formerly mentioned was not more miraculous, then
his present taking was fatal: for it is without question, had he but retained and
observed the least of that advertency and caution, wherein at other times he was known
to be both ready & very happy, he might, without either hazard or trouble, have escaped
this inconvenience; but God who gave him the full experience of his turning all things
unto the good of them that love Him, did thus by his simplicity and folly, prepare
the way for His own Glory and His servants joy and Victory.
Being brought to Edinbrugh, and first to the Towns Council-house, in their search for letters he was immediatly
stript; and there being none found, committed prisoner to the Tolbuith.
Upon the Wedensday, being the 28 of November by order from the Secret Council, he was brought before the Earle of Dumfries, Lord Sinclar, Sir Robert Murray of Priest-field and others, in order to his Examination; and being interrogate concerning his joyning
& being with the West-land forces, he conceaving himself not obliged by any Law or Reason, to be his own Accuser,
to the destruction of his life, did plainly deny the question; but being desired to
signe with his hand, what he had said and they caused write, though at first he appeared
willing, yet partly being advised by the Lord Sinclar, to beware that he subscribed nothing, whereof the contrary would be found true, lest
it might therefore fare the worse with him, and partly scrupling at the terms of
Rebells and Rebellion, wherein the question and his Answer were conceaved, and partly bethinking that a
simple denyall may import more then the pleading of Not-guilty, he refused to subscribe his name, which being reported to the Council gave great
offence, and brought him under the suspition of a deep dissembler.
On Thursday November 29. being again called before his Examinators, upon the considerations mentioned,
& for allaying the Councils prejudice, & preventing the inconvenience he might therethrough
sustain, he gives in a Declaration under his own hand, testifying, that he had been
with the West-land Forces, with whom [Page 78] he occasionally met, and that he resolved to have withdrawn from them upon the first
opportunity, which he was also about to do when he was taken, without either offering
to flee or resist, which he desired the Council the rather to believe, because he
had told so much to William Lawry of Blackwood, a person imployed from the Lieut. Generall Dalzell to the West-land Forces. But notwithstanding that William Lawry did testify this to be a truth, yet the Council retaining former impressions, and
apprehending that the presence and confronting of some other Prisoners of the Westland Forces (who plainly declared their accession to that Rising) and their deponing
concerning him, did only move Mr Hew to this acknowledgement, although it be certainly known, that he had formed and subscribed
the same the night before, they fortify and persist in their jealousy, and suspecting
him to have been a contriver of the Insurrection, and privy to all Designes and Intelligence
relating to it, they dealt with him with great importunity to be ingenuous, and to
declare who were the Ring-leaders of the late Rising, and what correspondence either
at home or abroad was kept anent it: And this was done especially upon the Monday Dec. 3. at which time also the Boots (a terrible instrument of Torture, which the humanity of our latter times hath so
much abhorred, that not only the fashion of them was forgot, but all Torture for their
cause, difused; yet new ones such as they are) were laid before him, upon the Town
Council-House table, and he certifyed, that if he would not confess, he should be
tortured by them to morrow. And accordingly upon Tuesday Dec. 4. he was again called before the Council, where, after the Examination & Torture
of Iohn Nilson of Corsack, he was again examined by the Earle of Rothess the Kings Commissioner, the Marquess of Montross, and several of the Privy Councill, (in the Town Council-House) the Bishop of St. Andrewes for the honor of his profession forsooth, and some others of the Counsellers upon
more real and Christian motives, having at first withdrawn themselves: And being urged
to confess, he declared, with a solemn Attestation, that he knew no more, then he
had already confessed, whereupon they ordered the Executioner to put his leg into the Boot and to proceed to the Torture. But as he had before
confessed and declared ingenuously all he knew, so this Torture (though in it self
very violent and [Page 79] painful, by the extraordinary compression both of flesh, sinews and bones, by the
force of timber wedges and hammer, & used upon him in a double measure, even to ten
or eleven strokes, with considerable intervals; as there remained no truth concealed
which it could extort) did not in the least move him to express any impatience or
bitterness, but having sustained it most constantly and Christianly, before he got
the last three strokes, he protested solemnly in the sight of God, that he could say
no more, though all the joints of his body were in as great torture as that poor
leg, and desires to know what could hinder them to believe one of his Profession,
who had so solemly declared as in the sight of God, that he knew no more then he
had told, viz. that to the best of his knowledge, the Rising in the West was meerly occasional, upon a discontent betwixt the people in the Stewarty of Galloway & Sir Iames Turner, to which every one did run, as their hearts moved them when they heard of it.
This Torture was the cause why he was not indicted with the first ten, who being arraigned
and sentenced on Wedensday Dec. 5. were hanged on the Fryday thereafter, at the Cross of Edinbrugh. Many thought that considering his small accession unto that Rising, which neither
was nor could be proven to be more, then what he himself had freely confessed, and
that he had suffered such hard measure by Torture, & that not in order to the discovery
of his own Crime, but the declaring of the Contrivers and his Complices, that the
same should have procured him favor, but the matter was otherwise determined. Neither
was the Sermon before mentioned, so quite forgotten, though ill remembered, and often
repeated in Council in these words Achab upon the Throne, and no more, and therefore.
Upon Monday the 10 of Dec. he and other seven receaved their Indictments of Treason, & were accordingly summoned
to appear before the Iustices on Wedensday Dec. 12. But his Torture & close Imprisonment thereafter (for so it was ordered)
having cast him in a Fever; whereby he was utterly disenabled to make his appearance,
Upon Tuesday Dec. 11. he gave in to the Lords of Council his Supplication of the Tenor following
viz. that whereas I have receaved an Indictment of Treason, which was yesterday delivered
to me, and I appointed to make answer thereto to morrow, and seing in this matter
of [Page 80] the highest importance, not only all the time allowed is very short, but I am and
have been ever since my Torture in a great distemper and Fever, besides the great
pain and utter inability of my leg, which hath constantly kept me bed-fast, and doth
render me incapable not only of minding my own Defence, but wholly unable either to
walk or stand, far less to go and compeir before the Lord Iustice, as I doubt not
but Physicians will testify, if your Lo: will order them to visit me, which I humbly
beg; And seing my accession to the Crimes libelled is so very slender, being only
simple Presence, and that not only occasional, as I did declare before Your Lo: but
also in some sort retracted, and purged, by my purposed and actuall off-coming and
deserting; and lastly seing I was put to sore Torture, in order to a furder discovery,
with a promise of favor, in case of my Ingenuity, which I then singly used, as in
the sight of God, to the utmost of my knowledge: May it therefore please Your Lordships,
graciously to consider the Premises, specially my utter inability to make my appearance,
and to surcease any legall procedor against me, in this so weak and extream condition,
and to discharge me of the foresaid Citation and Appearance. And your Lo: answer.
This Petition and the following are therefore set down verbatim, that both the utmost of his condescendence may appear, and the fainting that he so
much regrates in his last Speach, be the better understood. And with the same subscribed
by him, there was given in, an Attestation under the hands of seven Chirurgeons, declaring
his weak and sickly condition.
Hereupon the Council did order two Physicians, and two Chirurgeons (viz Sir Robert Cuningham, Doctor Hay, Iames Bortwick, and Thomas Kinkead.) to visit him, and to return their Attestation upon soul and conscience, betwixt
and the morrow at ten of the Clock, to the Iustices.
Upon Wedensday Decemb. 12. the Iustices being set, the Attestation of the two Doctors and Chirurgeons above mentioned, is
produced for M• Hew Mc Kail, and other three of the Prisoners indicted, and their excuse proponed thereupon. But
the Iustice finding, that the Attestation, not bearing soul and conscience, did not agree to the Warrand and Order given by the Councill, and that the Physicians
being called, did refuse upon point of Priviledge to rectify it in these terms, although
they declared, that the truth thereof was such, as [Page 81] they might safely confirm it by Oath, they do only supersede th [...]ir procedure against M. Hew, and other two contained in the Attestation, untill to morrow, and ordain Iohn Nilson of Corsack, (though also contained in the Attestation, in respect the same as to his part, was
not relevant,) and the other four, to be brought to th [...] Bar, who accordingly being brought, were that day sentenced to be hanged on Fryday
thereafter.
Thursday December 13. the Iustice Court being set, adjourns untill Tuesday thereafter, and ordains M. Hew and the other two to be peremptorily sisted that day before the down-sitting of the
Court. This afternoon, having obtain'd his Reprivall, in the thoughts of his dubious
condition, he composed the lines following.
Vitae ergò innumeris curarum erroribus actae,
Clausula consimilis perbreve finititer.
Distrahor ambigui dubio discrimine fati:
Aeger enim jaceo; sin revalesco, cado.
Saturnday Dec. 8. his Brother M. Matthew goes from Edinbrugh to Glasgow, with a Letter from the Lady Marquess of Dowglass, and anoth [...]r from [...]he Duchess of Hamilton to the Lord Commissioner Rothes in h [...] favors, but both proved ineffectual.
Like as his Cusing M. Matthew Mc. Kail carried another Letter from the Lady Marquess of Dowglass to the Archbishop of St. Andrewes for the same purpose, but with no better success.
Dec. 18. Sitting in Judgement, the Lord Renton Iustice Clerk, and M. William Murray (Advocate) Iustice Depute.
M. Hew being indifferently recovered, he was brought before the Iustice with other three that were arraigned with him. And first, [...]he general Indictment is read, founded both on old and late acts of Parliaments,
made against Rising and Assembling in Arms, and entering into Leagues and Covenants,
and renewing the Solemn League and Covenant, without or against the Kings Authority,
declaring the same to be Rebellion and Treason; and thereafter amply subsuming upon
all the Acts, Deeds and Passages of the late Insurrection with many aggravations,
particularly upon th [...]ir taking and renewing the Solemn League and Covenant at Lanerk; And therefore charging them with, and concluding, that they ought to be punished
for the [Page 82] same as Traitors. After which Mr. Hew his special Indictment is read, bearing, that he had risen and joyned with the Rebels, and was with them at Air, Ʋchiltry and Lanerck, and several other places on horsback, and had kept and was at several of their Rendevouz's
with a Sword. Whereunto Mr. Hew being permitted to answer, began his discourse very constantly and composedly, declaring,
that he looked upon himself, both from the conclusion of his Indictment, and what
had happened to others, as a man appointed by men, and determined in himself to die,
whereupon he thought himself obliged to use the greater ingenuity, and then affirmed,
that he was not ashamed to avow that he was one of that afflicted and persecuted party
and perswasion called Presbyterian. Thereafter he proceeded to speak of the Ties and Engagements that were upon the Land
to God, in order thereto, and having commended the Institution, Dignity and Blessing
of Presbyterial Government, he said that the last words of the National Covenant had
alwayes great wei [...]h [...] upon his spirit. Whereupon the King's Advocate, interrupting him, desired him to forbear that discourse, telling him th [...]t he was not there called in question for his perswasion, but for the crime of Rebellion,
in rising in Arms against his Ma: Authority, to which he desired him to answer; whereunto
he answered, that the thing which moved him to declare himself as he had, and would
have done, was that weighty and important saying of our Lord Jesus, Whosoever shall confess me before men, him shall the Son of Man also confess before
the Angels of God; but he that denieth me and my words before men, shall be denyed
before the Angels of God. As for the Rebellion he was charged with, he said, his Accession was only simple
presence with a Sword, and that occasional, as his confession before the Council did bear.
The Advocate answers, that not only presence, such as he was charged with, was treasonable, but
all intercommuning or keeping company with Rebells, though for the space only of half an hour; and howewer, he said, he was guilty of
a far deeper accession, and of many oth [...]r things besides these contained in his own confession, whereupon the Advocate caused read his Confession, and also the depositions of severall others that were
examined, in so far as they concerned him. M. Hew answered, that all the depositions read, contained no more then was in his own Confession,
nor could they make out any more against him; and so in effect it was.
The Advocate after the sustaining of the Indictment, having made use of, and caused read the confessions
of M. Hew and the other persons accused before the Assize, in place of Probation, referred the matter to their Cognition.
The Assize being enclosed gave their Verdict una voce, and by the mouth of Sir William Murray of Newtown their Chancellor, report him to be guilty of being with the Rebells at severall times and places, and at their Rendevouz with a Sword, according to his
subscribed confession. However it was thereafter understood, that four or five of
the Assize, did with reluctancy pronounce this Verdict, thinking death too great a punishment
for so slender a Guilt, and that the major part of the Assize had cleansed him, if the fear of an Assize of Error had not prevailed with them.
The Verdict being reported, Doom was pronounced, decerning and adjudging him and the rest to be taken on Saturnday
Decemb. 22. to the Mercate Cross of Edinbrugh, and there to be hanged on a Gibbet till they be dead, and that their Goods and Lands
be escheated and forfeited for his Highness's use. At the hearing of which sentence,
he cheerfully said, The Lord giveth life, and the Lord taketh, blessed be the Name of the Lord. And as he was carried back through the Guards to the Tolbooth, when the People made
lamentation, he answered, Though men cut us off, God will receave us, trust in God, trust in God.
Being come to his Chamber, he immediately addressed himself to God by prayer, with
great enlargement of heart for himself and his fellow-prisoners condemned with him.
Being afterwards asked, how his leg was, which was tortured; he answered merrily,
the fear of "my Neck now maketh me forget my Leg. Thereafter he said, to another friend,
‘O how good Newes, to be within four dayes journey to enjoy the sight of Jesus Christ,
and protested "he was not so cumbered how to die, as he had been sometime to preach
a Sermon.’ To some women lamenting for him, he said, ‘that his condition, though he was young, and in the budding of his hopes and labours
in the Ministry, yet was not to be mourned for; for, said he, one drop of my blood,
through the Grace of God, may make moe hearts contrite, then many years sermons might
have done.’
This afternoon he supplicat the Council for liberty to his Father to come & visit
him, which being granted, his Father the next night [Page 84] came to him. Their first meeting was very sad; & notwithstanding, that according
both to the testimony of his Parents, and knowledge of all his relations, he was a
most obedient Son; yet these inevitable infirmities which are incident to the best
of men, and cannot but furnish sad convictions, when considered in the power and
pure light of the spiritual Law of God, did greatly trouble him in the remembrance
of the fift commandment. The passage was thus. After prayer his Father said unto him,
Hugo, I called thee a goodly olive tree of fair fruits, and now a storm hath destroyed
the tree and his fruits and branches. He answered, that his Fathers too good thoughts of him had afflicted him: His Father said, he was perswaded, God was visiting not his own sin, but his parents
sin upon him, so that he might say, Our Fathers have sinned, and we have born their
iniquity. He said also, I have sinned, thow poor sheep what hast thow done. M. Hew answered with many groans, that through coming short of keeping the fifth commandment,
he had come short of the promise, that his days should be prolonged in the Land of
the living, and that Gods controversy with him, was for overvaluing his children,
especially himself.
On Thursday the 20 of December more from the importunity of Friends, then of his own inclination, he gave in to
the Privy Council, a Petition, as follows.
That whereas upon Tuesday last I was indicted and condemned, for the treasonable deeds
contained in the general and special Indictment exhibited against me; in the which
special Indictment, containing my whole accession to the said Crimes, there is only
libelled presence in several places, with an ordinary sword, likeas my own confession,
which is the naked truth, doth declare, how the same was occasional; And seeing that
it was also in some sort purged & retracted by my withdrawing and deserting with the
first conveniency, whereby not only my case appears to be different from that of others,
but also as favourable as possibly can be, next to innocency it self; likeas the same
appeared no less to many of these Gentlemen who were upon my Assize. And seeing the
Torture I sustained, and the ingenuity I then used, as in the sight of God, to the
utmost of my knowledge, deserve that favour that was at that time insinuated; And
that it is expected that his Majesty (whose mercy I beg) according to his great clemency and the most usual practice in the like cases, will
interpose his mercy, for the rescue of many, who are equally with me involved. May
it therefore please your Lordships [Page 85] graciously to consider the premisses, and to pardon my great rashnes and precipitancy, and therefore to indulge such a reprival as your Lo. shall think convenient, until
his Majesty's gracious pleasure anent the premisses shall be fully known; At least
till the Commissioner his Grace, do return; And your Lo answer. The words marked in this Petition by a different character, were the amendments of
his Friends affection, which they were advised to put in, by some members of the Privy Council, to whom the copy of it had been presented immediately before the downsitting of
the Councill; and thereupon the Petition being transcribed, was in so great haste presented unto
him, to subscribe it, that he got it not read. However the Petition was both disrelished
and refused by the Council; The truth is, some of his Friends exceeding zealous of his safety, had moved to several
members of the Council, that the Declaration might be tendered to him, and some time permitted him to advise thereanent; which
motion, it's like, was attended with some insinuations, that probably he might be
induced to subscribe it; but as the motion was ineffectual without a warrand under
his own hand, so even the Authors thereof do bear him witness of his positive, fixed
and often declared resolution, not to subscribe it at the highest rate: Likeas, upon
some surmises to the contrary, he thought it necessary for his own vindication, to
leave it under his hand, that the above-mentioned resolution was from his own proper
knowledge and motive, without the assistance of the least disswasive from any other
person.
During his abode in Prison, the Lord was very graciously present with him, both to
sustain him against the fear of death, and to dispel all these over-cloudings of terror,
unto which the frailty of flesh and blood hath sometime exposed the best of men; and
also in assisting him in prayer and praises, to the admiration of all his hearers,
especially on the Thursday's night Dec. 20. whereon being set a supper with his fellow-prisoners
and his Father, and one or two besides, he requested his fellow prisoners, saying
merrily, eat to the full, and cherish your bodies, that we may all be a fat Christsmass Pie
to the Prelates. After supper in thanksgiving, he burst forth in blessing God, that had made [...]im such a fool as to come to that prison; and after many gracious [...]ords, continued saying, many crosses have come in our way and [...]rought but weakly upon us, but here is a cross thath hath done more [...]od then all the many that befell us before. Then lamenting the condition [Page 86] of the Church of God, with much earnestness, he used that exclamation in the last
of Daniel, What Lord shall be the end of these wonders!
The last night of his life, being Fryday Decemb. 21. he proponed and answered himself, several questions, to the strengthening of
his fellow-prisoners, and great refreshing of all his hearers, As 1. he inquired;
How should he, going from the Tolbooth through a multitude of gazing People and guards
of Souldiers, to a Scaffold and Gibbet, overcome the impression of all these? To which he answered; By conceaving a deeper impression of a multitude of Angels who are also on-lookers;
According to that, we are a gazing-stock to the World, Angels and Men: For the Angels
rejoycing at our good confession are present to convey and carry our souls as the
soul of Lazarus, unto Abraham's bosom; Not to receave them, for that is Iesus Christ's
work alone, who will welcome them to Heaven Himself, with the songs of Angels and
blessed Spirits; But the Angels are ministring Spirits, always ready to serve and
strengthen all dying believers. 2. As Stephen saw the Heavens opened, and Iesus standing on the right hand of God, Who
then said, Lord Iesus, receave my Spirit, so (said he) do I believe, that Iesus Christ is also ready to receave the souls of his dying sufferers.
2. He enquired, What is the way for us to conceave of Heaven who are hasting unto it, seing the Word saith, Eye hath not seen, nor ear heard, neither have entered into
the heart of man, the things which God hath prepared for them that love him? Whereunto
he answered, ‘that the Scripture helps us two wayes to conceave of heaven. The first is by way
of similitudes, as in that Rev. 21. where heaven is held forth, by the representation
of a glorious City, there described; but in the same place it is also termed the Bride;
but O how unlike are these two, a Bride and a City! which doth clearly evidence the
insufficiency and vast disproportion of all such similitudes;’ and therefore he addeth, ‘the Scripture furnisheth yet a more excellent way to conceave of heaven; and that
is 1. by conceaving the love of Christ to us, even what is the breadth and length
and depth and height and the immenseness of that love of Christ, which passeth knowledge,
which is also the highest and sweetest motive of praise; unto him, that loved us,
and washed us from our sins in his own blood, and hath made us Kings and Priests unto
God and His Father, to him be glory and dominion for ever and ever, Amen.’ ‘2. By [Page 87] holding forth the love of the Saints to Jesus Christ, and teaching of us to love
him in sincerity, which is the very joy and exultation of heaven, Rev. 5.12.’ Worthy is the Lamb that was slain, to receave power, and riches, and wisdom, and
strength, and honor, and glory, and blessing. ‘And no other thing then the soul breathing forth love to Jesus Christ, can rightly
apprehend the joyes of heaven.’
The last words which he spoke at supper, were in the commendation of Love above knowledge, saying, ‘O but notions of Knowledge without Love, are of small worth, evanishing in nothing,
and very dangerous.’ After supper, his father having given thanks, he read the 16 Psalm, and his first
words thereafter were, ‘If there were any thing in the World sadly and unwillingly to be left, it were the
reading of the Scriptures.’ I said I shall not see the Lord, even the Lord, in the land of the living, ‘but this needs not make us sad; for where we go, the Lamb is the book of Scripture,
and the light of that City, and there is life, even the river of the water of life,
and living springs.’ To this he added many excellent observations, and making mention of the 23 v. of
the 31 Psal. O love the Lord, all ye his saints, he added, ‘that where love was, it was so operative, that it made flesh, spirit; and where it
was not, there spirit was made flesh: thereafter he sung a part of the Psalm.’
Supper being ended, he cals smileingly for a pen, saying, it was to write his Testament, wherein he only ordered some few books, which he had, to be redelivered to several
persons.
‘He went to bed a litle after eleven of the clock, and having slept wel till 5 in
the morning, he arose and called to his Camerade Iohn Wodrow, saying pleasantly, up Iohn; for you are too long in bed; you and I look not like men going this day to be hanged,
seeing we lye so long.’ Thereafter he said to him in the words of Isaiah ch. 42. v. 24. Who gave Iacob for a spoil, and Israel to the robbers? did not the Lord? he against whom we have sinned, for they would
not walk in his ways, neither were they obedient unto His Law, &c. ‘and I think, Iohn, (said he) I have not known it, nor do I lay it to heart, as it is said in the end
of the 25 verse. But, Iohn (said he) for all this be not affraid, but read the 43. ch. v. 1. 2. for all will
go well with us.’ Iohn, said to him, ‘you and I will [Page 88] be chambered shortly in heaven, beside Mr. Robertson. He answered, "I fear, Iohn, you bar me out, because you was more free before the Council then I was; but I shall
be as free as any of you upon the Scaffold. Before break-fast, he said, he had got
a clear ray of the Majesty of the Lord after his awaking, but it was a litle again
over-clouded. Thereafter he prayed, "and attested the Lord, that he had devoted himself
to the service of God in the Ministry of the Lord Jesus, and the edification of souls,
very early; adding albeit I have not been so with my God, yet thow hast made with
me an Everlasting Covenant, ordered in all things and sure; this is all my desire,
joy and salvation, albeit thow make me not a house to grow. Now Lord, we come to thy
throne, a place we have not been accquainted with; earthly Kings thrones have Advocats
against poor men, but thy Throne hath Jesus, an Advocate for us. Our supplication
this day, is not to be free of death, nor of pain in death, but that we may witness
before many witnesses, a good confession.’
His Father coming to him that morning to bid him farewel, his last words to him were,
after prayer and a litle discourse, ‘that his suffering would do more hurt to the Prelates, and be more edifying to God's
people then if he were to continue in the Ministry, for twenty years.’ And then he desired his Father to leave him, else he would but trouble him, ‘& I desire it of you, said he, As the best and last service you can do me, to go
to your chamber, and pray earnestly to the Lord to be with me on that Scaffold: for
how to carry there is my care, even that I may be strengthened to endure to the end.’
About two of the clock in the Afternoon, he was carried to the Scaffold with other
five that suffered with him; where he appeared to the conviction of all that formerly
knew him, with a fairer, better and more stayed countenance then ever they had before
observed. Being come to the foot of the Ladder, he directed his speech North-ward
to the multitude. And premising, That as his Years in the World had been but few, so his Words at that time should
not be many. He spoke to the People, the speech and Testimony which he had before written and
subscribed.
Having done speaking to the People, who heard him with great attention, he sung a
part of the 31 Psal. and then prayed with such [Page 89] power and fervency, as forced many to weep bitterly. Having ended he gives his cloak
and hat from him; And when he turnned himself and took hold of the Ladder to go up,
he said with an audible voice, I care no more to go up this Ladder and over it, then if I were going home to my Fathers
House; And as he went up, hearing a great noise amongst the People, he called down to his
fellow-sufferers, saying, Friends and Fellow-sufferers, be not affraid, every step of this Ladder is a degree
nearer Heaven. Then having seated himself thereon, he said, I do partly believe, that the Nobles, Counsellors, and Rulers of the Land, would
have used some mitigation of this punishment, had they not been instigated by the
Prelates, so our blood lyes principally at the Prelats door. But this is my comfort
now, that I know my Redeemer liveth, and that he shall stand at the latter day upon
the Earth, and though after my skin, worms destroy this Body, yet in my flesh shall
I see God, whom I shall see for my self, and mine Eyes shall behold (pointing to his eyes) and not another, though my reins be consumed in me. And now I do willingly lay down
my life for the Truth and Cause of God, the Covenants and Work of Reformation, which
were once counted the Glory of this Nation. And it is for endeavouring to defend
this, and to extirpate that bitter root of Prelacy, that I embrace this rope (the Executioner putting the rope about his neck.) Then hearing the People weep,
he said, Your work is not to weep, but to pray that we may be honourably born through; and
blessed be the Lord, that supports me. Now as I have been beholden to the prayers
and kindness of many since my imprisonment and sentence; So I hope you will not be
wanting to me now, in this last step of my journey, that I may witness a good Confession:
And that you may know the ground of my encouragement in this Work, and what my hope
is, I will read to you the last Chapter of the Bible; And having read it, he said, Here you see the Glory that is to be revealed upon me, a pure river of water of life,
and so forth (read the place) where the Throne of God is, and the Lamb is in it, where his Servants serve Him and
see His face, and His Name is in their foreheads, and the Lord God giveth them light,
and they shall reign for ever and ever; and here you see my access to my Glory and
reward. Let him that is a thirst come, and whosoever will let him take of the water of life
freely. And here you see also my welcome, the Spirit and the Bride say, Come. Then he said, I have one word more to say to my Friends, (looking down to the Scaffold) where are [Page 90] you? You need neither lament me nor be ashamed of me in this condition, for I may
make use of that expression of Christs, I go to your Father and my Father, to your
God and my God, to your King and my King, to the blessed Apostles and Martyrs, and
to the City of the Living God, the heavenly Ierusalem, to an innumerable company of
Angels, to the General Assembly and Church of the First-born, and to God the Iudge
of all, and to the Spirits of just men made perfect, and to Iesus the Mediator of
the new Covenant; And so I bid you all farewell: For God will be more confortable
to you then I could be; And he will also now be more refreshing to me, then you can
be: farewel, farewel in the Lord. Then the Napkin being put on his face, he prayed a space within himself, after which
he put up the cloath from his face, with his own hand, and said, he had one word more
to say, and that was to shew them the comfort he had in his Death, saying, I hope you perceaved no alteration or discouragement in my countenance and carriage,
and as it may be your wonder, so I profess it is a wonder to my self, and I will tell
yow the reason of it: Besides the justness of my Cause, this is my comfort, which
was said of Lazarus when he dyed, that the Angels did carry his soul into Abraham's Bosom; so, that as there is a great solemnity here, of a confluence of People, a Scaffold,
a Gallows, and People looking out at windows; so is there greater & more solemn preparation
in Heaven, of Angels to carry my soul to Christs' bosom. Again, this is my comfort,
that it is to come in Christ's hands, and He will present it blameless and faultless
to the Father, and then shall I be ever with the Lord. And now I leave of to speak
any more to creatures, and turn my speech to thee. O Lord! and now I begin my entercourse
with God, which shall never be broken off. Farewel Father and Mother, Friends and
Relations; Farewel the World and all Delights, Farewell meat and drink, Farewel Sun,
Moon and Stars; Welcome God and Father, Welcome sweet Lord Jesus, the Mediator of
the new Covenant, Welcome blessed Spirit of Grace and God of all consolation, Welcome
Glory, Welcome Eternal Life, Welcome Death. Then he desired the Executioner not to turn him over, untill he should put over his
own shoulders himself, which, after praying a little within himself, he did, saying,
O Lord! into thy hands I commit my Spirit: for thou hast redeemed my Soul, Lord God
of truth. Thus in the 26 Year of his age, he died, as he lived, in the Lord.
[...]
Follows, that forfaultur, of Mr. Gabriell Maxwell, now four Year after the former
forfaulturs, (and being then probably procured) also upone the said accompt of the
testimony at Pentland, wednsday November, 28. 1666. Curia Justiciaria, S. D. N. Regis, tenta in praetorio burgi de Edenbrugh, vigesimo secundo die mensis, Decembris 1671; Per Dominos, Jacobum Foules de Collintoune, Robertum Nairne de Strathurd, Joannem Lockhart de Castell Hill, Joannem Baird de Newbeith & Thomam Wallace de Craigy, commissionarios Justiciariae dictos S. D. N. Regis. Curia Legittime Affirmata.
THe whilk day, anent our soveraigne Lords Criminall letters, raised at the instance
of Sr. John Nisbete of Dirltoun Knight, his Majesties Advocate, for his highness interest, against Mr. Gabriell Maxwell, sometymes minister of Dundonald; That where be the common Law, and the Law of Nations, &c. (and so to deduce the forsaid indytment, against the other west country men, to the
words: [they were vanquished, routed and destroyed] and then say.) Lykeas notwithstanding, of the Lawes, acts of Parliament and proclamatione foresaid,
and that there after a proclamation was issued, upon the fourth day of December, whereby his Majestie with advyce of his privy Councell, did again inhibite and discharge,
all his [Page 122] good subjects; That none of them should offer, or presume to harbour, resett, supply, correspond with, or conceall those persons therein mentioned, or any others who concurred or joyned, in the said
late rebellione, or upon acompt thereof appeared in armes, in any parte of this Kingdome, but to pursue
them, as the worst of traitours, and present such of them, as they have in their power, to the Lords of privy Councell,
the Sheriff of the Shire, or the Magistrates of the next adjacent broughs royall;
to be by them made forthcomeing to the Law. Certifying all such, who should be found
to faill in their duety therein, they should be esteemd and pursueed, as favourers
of the said rebellione, and as persons, accessory and guilty of the samyne. Nevertheless; the said persons
above-compleaned upon, at least divers of them: Viz. The said Mr. Gabriell Maxwell, and divers of his associates, did not only faill in their duety, in ryseing and
joyning with his Majesties Lievtenent Generall and Officers under him, for repressing
and subdueing; the saids rebells, bot most perfidiously and treasonably, did ryse, and joyne in armes, without his Majesties authoritie, and did to the outmost
of their endeavours, advance, strenthen and promote, the said rebellione; And in order thereto, in the months of August, September, October, November and December, 1666. Years and severall dayes thereof, and in one or other of the saids months and dayes thereof,
met and conveend, at the Parkhead of Caldwell, Knockmade, Chitterfleet and divers other places, within the westerne Shires, and Shiriffdomes of [...] And did conclude, and resolve to joyne, with the saids Rebellious party. And being armed, with Swords, Pistolls, and other weapons, they joyned themselvs,
in troops and companies, and did elect and choose, Captaines, Lievtenents and other
Officers, and did accept of the saids charges, and imployments, and accordingly did
ryde, from place to place, and did write letters to friends and neighboures, to joyne
with them, and did intercept letters, that thereby they might have notice, and intelligence
where his Majesties forces and armies were, And of their forces motions, and designs,
and to the same purpose, did goe and send out letters for intelligence, and committed
divers other acts of hostility and treasone, and in the months foresaids, as also
after the defeat of the saids rebellious party, in the ensueing months between the said defeate, of the said rebellious party, and the date of the said proclamation, [Page 123] and one or other of the saids moneths, and severall days thereof, the said Mr. Gabriell Maxwell and other persons foresaids, within the westerne Shires and Shirifdomes of, [...] [...] within their own bounds, and within their own tennents houses and other places, did
harbour, conceall, resett, supply, correspond and intercomune with the persons foresaids: Contained in the said proclamatione; the fourth of December, 1666. Years; And others who concurred and joyned in the said rebellione, and who on that account apeared in armes. In doeing; of ane or other of the said
deeds, the saids Mr. Gabriell Maxwell and other persons foresaids, hes committed and incurred, the crymes and paine of treasone; And are guilty of being actors, airte and pairt thereof, whi [...]h being found be ane assise, they ought to be punished, in their persons and goods, to the terrour and example of others, to commit the lyk hereafter; as at length is
contained, in the said indytment.
Compeired, Sr. John Nisbate of Dirletoun Knight his Majesties Advocate, as pursuer and produced, the said criminall letters, of
treasone duely execute and indorsed; and the said Mr. Gabriell Maxwell being often tymes called, to have compeared and underlyen the Law, for the treasonable crymes specified in the foresaid lybell, and not compeirand his Majesties Advocate therefore
desired, the Lords commissionars of justiciary, to proceed to a legall process of
forfaulture against the said Mr. Gabriell, conforme to the act of Parliament: and declared he insisted against him, for the
treasonable crymes, specified in his dittay, and in speciall those of the Last part
thereof, in ryseing and joyning, with Caldwell in armes and rebellione, in order to the joyning with the rebells, carying armes and other circumstances, specified in that parte of the indytment.
The Lords Commissionars of justiciary, findes the indytment relevant, and ordaines
the famyne to pass, to the knowledge of ane assise.
[Page 124]
ASSISA.
- Thomas Calderwood late baylie of Edinb:
- Walter Birne Merchand,
- James Stewarte Drogist,
- William Stewarte Drogist,
- John Adame Merchand,
- Williame Hume Elder,
- John Dumbare Glover,
- Gideone Shawe Stationer,
- Alexander Red Goldsmith,
- George Blaire Merchant,
- James Glen Stationer,
- John Rutherfoorde Vintner,
- Patrick Steell Vintner,
- George Red late Baylie.
- John Craige Wright.
The assise Lawfullie sworne no objectione in the contrary.
His Majesties Advocate, for probatione, adduces the witneses under-written: Viz. Iames Cochrane in Knockmade, aged 56. Yeares or thereby, married, sworn, depones: he adheres to his former depositione, taken before the justices, upon the 15th. of Agust 1667 Years; which is ordained to be recorded here, whereof the tenor folloues. That on the Sunday before the defeat of the rebells, Bedland, Kersland, Mr. Gabriell Maxwell and ane other minister, came to the deponers house about midnight, and stayed a long
tyme. Depones, that immediatly there after h [...] heard Caldwell give order to his tenents, to meet at Chitterfleet with their armes, and best horses; this was at the deponers house: and the same day
in the morning, depones, that these persons, and besides them: Quarrelltoun, Blackstoune and Quarrelltounes Brother, the Goodman of Caldwell Younger, Mr. Iohn Carstaires and others, did meet upon that Sunday at Chitterfleet: that the deponer being one of Caldwells tennents was there, depones, that whill they were at Quarrelltoune, he heard the Earle of Eglintouns man was taken, and his letters taken from him; bot saw him not, depones that they did marche from Chitterfleet to Langtoune in the night, and from Langtoune, to Kilbryde; Williame Porterfield being on of them; Th [...]t they were 39. horsmen in number, armed with swordes, and some of them had Pistolls;
depones that they mar [...]hed from Kilbryde to the house in the mure in a troope in order, Caldwell and Mr. Gabriell Maxwell on their head, and Blackstoun in the rere, depones that he heard Mr. Gabriell Maxwell say to Blackstoune goe to your place in [Page 125] the rere and Blackstoun did goe, depones that they seing some country people, imagined them to be the Generalls army, and
that Caldwell and the other Gentlemen, did retire and put themselvs in order: but it was found
to be country people driveing their horses; That after the Gentlemen first saw them,
they imagined them to be the Generalls army, that they retired to a moss, depones
he heard Caldwell and the party, speaking amongst themselvs that they would goe to the Southland army: and that h [...] heard Caldwell and Mr. Gabriell Maxwell say this; that if Porterfield of Quarrelltoun was with them, that they would keep a private Councell. Depones that the country people on munday at night fearing that they would joyne with the
rebells, desired to goe home, and that Mr. Gabriell Maxwell threatned them saying, if they would goe they might meet with a miresnype, and further being interrogate what he meant by the words in his former depositione,
be the Southland army, depones it was the rebells; depones he heard Mr. Gabriell Maxwell and the rest say they would joine with the rebells: depones. That when he and the rest of the country people heard the said Mr. Gabriell Maxwell, and the rest, intend to joyne, they left them.
Sic subscribitur. JA: FOULES J. p. D.
Iohn Stevensone in Ramshead, aged 54. Years or thereby, married, sworn, depones he adheres to his former depositione, taken before the justices at the tyme forsaid,
which is ordained to be Recorded here, whereof the tenor followes: That Caldwells Officer warned him, and the rest of the tenents, to meet at Chitterfleet, and that Caldwell gave him ane sword; depones that he saw William Porterfield of Quarrelltoune, with the other Gentlemen at Chitterfleet; depones that the Earle of Eglintounes man was taken; before he came, that he saw the foot man there, that he heard his
letters were broken up, and that they keeped him till night prisoner. Depones as to the number and names of the persons, to their journey, and travelling, conformis praecedenti; and that Blackstoune was with them depones, they formed themselvs in a troop, that Mr. Gabriell Maxwell desired them to ryd in order, and that the deponer heard Mr. Gabriell desire Blackstoune to goe to his place in the rere, and accordingly he did goe: That the Gentlemen seing the country people imagineing
them to be the Generalls [Page 126] army, feared and retired out of the way. Depones that the Gentlemen told that they were to goe to Douglass, and that way, and that the deponer and the rest hearing that, suspected and would
not goe with them; That Mr. Gabriell threatned them and said they might meet with a Miresnype; gif they would goe away, That William Porterfield of Quarrelltoune was allongst with them, and farder addes, that he did see Mr. Gabriell with them, and that the deponer, and the r [...]st of the Country people Suspected, that they intended to joyne with the rebells, and thereupon left them: and that the rest was feared, when they saw the Country
people, Fearing it was the Generalls forces.
Sic Subscribitur. JA: FOULIS J. p. D.
John Wilsone in Ramshead, aged 40. Years or thereby, married, sworne, depones he adheres to his former depositione, taken before the Justices at the tyme foresaid,
and which is ordained to be recorded here; whereof the tenor followes. That he knowes nothing of their rydeing in order, nor Blackstones rydeing in the rere, that he saw non of the country people, That Caldwell and the rest of the Gentlemen never told them where they were to goe, whether to
the Southland party or not: As to the being at Chitterfleet, and the rest of their journey, and number, depones, conformis praecedenti: And to the threatning of Mr. Gabriell Maxwell, and depones that Quarrelltoune went all allongst with them; and furder adds that Mr. Gabriell Maxwell threatned him and the rest of the country people in case they should goe away.
Sic Subscribitur. JA: FOULIS J. p. D.
John Andersone in Grie, formerly in Caldwell, aged 30. Years or thereby, married, sworn, depones he adheres to his former depositione, which was taken by the Justices at the tyme
foresaid, and now ordained to be Recorded, whereof the tenor followes. That the Lairds Officer warned them to goe allongst with him, And that he did goe,
Knowes nothing of the Earle of Eglintouns servante, As to the journy, number, marching, depones conformis [Page 127] praecedenti: Depones that once they were in order of a troop, that Mr. Gabriell Maxwell rode on the head, and Blackstoune in the rere, that he saw William Porterfield of Quarrelltoune goe allongst; depones as to the Country people conforme to James Cochrane. Depones that on the munday, the deponer suspected they were to goe to the Southland army, that he heard some surmise of that kynd, depones that he heard, that Eglintounes man was taken, and his letters broken up, that how soon the deponer heard they were
to goe to that Southland party, he thought he was a wrong way, and would not goe with them, That Caldwell his Master desired him to stay, and farder addes, that by the word [Southland army] specified in the foresaid depositione, he means the rebells.
Sic subscribitur. JA: FOULIS J. p. D.
John Caldwell in Chitterfleet, aged 30. Years or thereby, married, sworne, depones he adheres to his former depositione, taken before the justices, the tyme foresaid,
and now ordained to be recorded, whereof the tenor followes. That the Lairds Officer warned him, to meet him at Chitterfleet, depones that Bedland, the Goodman of Caldwell, Mr. Gabriell Maxwell, Mr. John Carstaires, was there, and divers others; that they were betwixt 30. and 40. in number, knowes
nothing of the Earle of Eglintounes servant bot heard of it; As to the marcheing, depones conformis praecedenti, and that some tymes, Caldwell, and Mr. Gabriell Maxwell, put them in order, that he saw Blackstoune goe to the rere and ryde, that he saw the Country people and the Gentlemen were feared, conforme
to the foresaid depositione. Depones he heard amongst the Gentlemen, that they were to goe to the Southland party, whereof he and the rest of the commons hearing, they would not goe further, That
Caldwell commanded his tenents to stay, bot they would not, That Mr. Gabriell Maxwell threatned them in maner foresaid, and addes, that he means [by the Southland army] the rebells.
Sic subscribitur. JA: FOULIS J. p. D.
Williame Caldwell in Whitehouse, aged 23. Years or thereby, not [Page 128] married, sworne, depones he adheres to his former depositione, taken by the justices at the tyme foresaid,
and now ordained to be recorded, whereof the tenor followes. He saw at Chitterfleet, the Laird of Caldwell, and was warned by his Officer there; That he saw the Goodman of Caldwell, Kersland, Blackstone, Quarelltoune, and severall others; depones he saw the Earle of Eglintounes servant there, and heard his letters were broken up, and he keeped prisoner; As
to the marcheing, depones conformis pracedenti; That once they were ranked in a troop, and that Blackstoune rode in the rear, That he did hear the Gentlemen speaking about their going to the Southland army, That the Kings Lifeguard was between the Gentlemen and them, and addes, that he did
see Mr. Gabriell Maxwell there.
Sic subscribitur. JA: FOULIS J. p. D.
John Stewarte in Swinridgmure, aged 40. Years or thereby, married, sworn, depones and adheres to his former depositione, taken
by the justices in maner foresaid, and now ordained to be recorded, whereof the tenor followes. He was at Chitterfleet, That Caldwell, the Goodman of Caldwell Younger, Blackstoune, Quarelltoune and his Brother, Kersland, Bedland Cuninghame, Mr. Gabriell Maxwell, Mr. John Carstaires and others, were there; That he was there, when the Earle of Eglintounes servant was taken, saw him brought in, and the letters broken up, and that he was keeped
till night as a prisoner, as to the marcheing, number, and rydeing, is conformis. That Mr. Gabriell Maxwell said to Blackstoune goe to the rere, and he went; That at the sight of the Country people, the Gentlemen went away, the
Gentlemen said they minded to see the Southland party, and the deponer answered, he thought it not good, his Master said, the deponer might
goe where he went, and when they were at Kilbryde, it was told them that the Kings army was between them, and the Southland party, and thereupon the Gentlemen retired to the house in the moore.
Sic subscribitur. JOHN STEWART.
The assise, be plurality of voyces, elects George Red late Baylie of Edinbrugh in Chancellor.
The assise, all in one voyce, be the mouth, of the said George R [...]id their Chancellor, findes the said Mr. Gabriell Maxwell, somtymes minister at dundonald, guilty, and culpable of treasone, as being in armes with Caldwell and the other persons who were in armes in the west, the tyme of the rebellion, being verified and proven, in prese [...]ce of the above-named persons.
Sic subscribitur. GEO. REID CHANCELL:
The Lords Commissionars of justiciary, be the mouth of Alexander Mc. Adame Dempster of court, decernes and adjudges, the said Mr. Gabriell Maxwell to be execute to the death, and demained as a traitour, when he shall be apprehended, at such tyme and place, and in such manner, as the
said commissionars of justiciary shall appoint; as also decernes, the said Mr. Gabriell Maxwell, for the treasonable crymes above-written, to have forfaulted, amitted, and tint all and sundry his lands, heretages, tenements, annu [...]llrents, offices, tacks, steadings, dignities, roomes, possessiones, goods and geir whatsomever, pertaining to him, to his Majesties use; which was pronounced for doome. Upon all and sundry the premises, the said Sr. John Nisb [...]t his Majesties Advocate, asked and took instruments.
The exact double of the Gift, and dissposition of the whole estate heretable, with
the escheat of moveables, which most justly appertained to the now glorified, and
worthily memorable Laird of Caldwell, and now to his heirs, and successors of himself,
that the King be his pretended right unto, through that most unjust and illegall for
faultur foresaid, hes taken, and dissposed upone, to Thomas Dalzel pretended proprietar
of Binnes.
OUR so: Lord Considering, the good and faithfull service done to his Majestie, and
his Majesties most royall father of ever blessed memorie, be his Majesties right trustie
and well beloved, Generall Thomas Dalzell of Binnes, Lieveten [...]nt Generall of his Majesties late forces, within his Majesties ancient Kingdome of Scotland, at Severall occasione [...]▪ Bot chieflie in the moneth of November Ja. vj: sixtie six Year [...] by past, by suppressing the battell of a considerable number of his Majesties dissloyall
subjects, of the foresaid Kingdome, who with their associats, most unnaturallie rose
in armes, against his Majesties authoritie and Lawes, intending to have overturned
the samen, and wronged his Majesties good and loyall subjects; Besydes divers others
good services done to his Majestie, be the said Generall Thomas Dalzell, by his skillfull conduct of the foresaid forces, to the terror of the native traitours,
and of his Majesties foraigne enimies, who endeavoured to have dissturbed, and invaded
the foresaid Kingdome of Scotland; As also his Majestie being sensible of the good service lykwayes done to his Majesty,
in his Kingdome of Scotland be the said Generall Thomas Dalzell, And also understanding that the said Generall Thomas Dalzell hes sustained great losses, and undergone verie much hardship and sufferings, by
long imprisonment, banishment and otherwayes, for his constant loyaltie to his Majestie;
And his Majestie being most willing for his further encouragment, to persist in his
Loyall actings, to confer some signall favours upon him: Therefore his Majestie, for
himself, and as Prince and Steuart of Scotland, with advice and consent of [Page 131] his Majesties right trustie cusignes and Counsellors, &c. John Earle of Rothes, &c. high Chancellor of the said Kingdome of Scotland, John Earle of Lauderdale sole Secretare of State of the samen Kingdome,
John Earle of T [...]ceddale, William Lord Bellendon, his Majesties Thes [...]urer depute, William Earle of Dundonald and his Majesties trustie Counsellor, Sr.
Robert Murray late Justice Clerk his Majesties commissioner, for the Thesaurie, comptrollerie and thesaurie of his Majesties new augmentationes, and also with advice and consent of the remnant
Lords and other commissioners of exchequer. Ordaines ane chartor to be past under his Majesties great seall of the foresaid Kingdome of
Scotland, in dew forme, Giveing, granting and dissponing, to the said Generall Thomas Dalzell his heires and assignayes whatsomever, heretablie, and irrevocablie, all and sundrie,
the lands and others under-written, to wit, All and haill the fyve Pound land of Knockward, and the fyve Merkland of Douniflat, with the towers, fortalices, manor places, houses, biggings, yeards, orchards, tofts,
crofts, mylnes, woodes, fishings, comonties, pasturages, coales, coalheughes, mosses,
moores, meadowes; tennents, tennandries, service of frie tennents, annexes, connexes,
dependencies, parts, pendicles and pertinents thereof what-somever, lying within
the bailiarie of Cuninghame, and sheriffdome of Aire; all and sundrie the tiend sheaves, or personage teynd, of the samen lands of Knockward, with the pertinents; All and hail the fyve Pound land of Knockmade, and fyve Merkland of Easter Caldwells, with the towers, fo [...]talices, manor places, houses, biggings, yeards, orchardes, tofts, crofts, mylnes,
woods, fishings, mosses, moores, meadowes, comonties, pastorages, coals, coalheughes,
tennents, tennendries, service of frie tennents, annexes, connexes, dependences, parts,
pendicles, and pertinents thereof whatsomever, lyand within the sheriffdome of Renfrew; All and hail the ten Merkland of Kittock syde, with the touer, fortalice, manor place, houses, biggings, yeardes, orchardes, tofts,
crofts, mylnes, woodes, fishings, moffes, moores, meadoues, commonties, pastorages,
coales, coalheughes, tennants, tennandries, service of frie tennents, annexes, conne
[...]es, dependences, parts, pendicles, and pertinents of the samen whatsomever, lying
within the sheriffdome of Lanerk; And also all and sundrie, the teynd Sheaves, or personage teynds of the [Page 132] samen lands of Kitt [...]chsyde, and fyve Merkland of Easter Caldwells, aboue-rehearsed, with the pertinents; All and haill the lands of Kippellrig, called of old ane Temple land, with the privilledge of the common moore of Renfrew, for pastorage thereof, with houses, biggings, yeardes, tofts, crofts, parts, pendicles,
and pertinents thereof whatsomever, lyand within the parochin of Mearnes, and sheriffdome of Renfrew; All and hail the tiend Sheaves, or personage tiends of the foresaid lands, of Kippellrig, with the pertinents. Which lands, tiends and others above-written, pertained heretablie
of before, to William Mure late of Caldwell, at lest to some of his predecessores, to whom he is appearand heire, of the samen
lands, and others above rehearsed, holden be him or them, or some ane or mae of them,
immediatlie of his Majestie, for himself, and as Prince and Stewart of Scotland; and are now fallen and become in his Majesties hands, and at his Majesties gift and
disspositione, for himself, and as Prince and Stewart of Scotland, be reasone of forfaulture, by the privieledge of his Majejesties Croune, Lawes, and practique of the foresaid
Kingdome of Scotland: Through the said William Mure, his joyning in armes, with the dissloyall and seditious persones in the west, who
of late appeared in armes, in a desperat and avowed Rebellion, against his Majestie, his Government and Lawes, of intention to have overturned
the samen, if they had not been defeat in battell, as said is. And though all clemencie was offered, to the said William Mure; Yet he hes refused the samen; for which wylde act, above-rehearsed, of rysing in armes as said is, he is declared
traitor to his Majestie, and all his lands, goods, and gi [...]r forfaulted, as in the sentence and doom of forfaulture, given and pronounced against him, by his Majesties Justice Generall of the said Kingdome
of Scotland, his Majesties Justice Clerk thereof, and the assessors appoynted to them, be his
Majestie privie Councill of the samen Kingdome upon the ... day of August Ja: vj: sixtie seven Yeares by past, at more lenth is contained. And farder, to the effect, the foresaid donator
and grant, may be the more valide and effectuall; his Majestie, for himself, and as
Prince and Stewart of Scotland, with advice and consent above specified, hes dissolved, and be the tenor of the said
chartour, for his Majestie, and his successores, Kings, Princes, and Steuarts of
Scotland, dissolves the whole lands, tiends and others above-written, [Page 133] from his Majesties Croune, and patrimonie thereof, and of his successors, Princes,
and Stewarts of Scotland; to be peaceablie bruiked, joysed, sett, used and dissposed upon, be the said Generall Thomas Dalzell, and his above specified, beretablie and irrevocablie in all tyme coming. And in testimonie thereof, his Majestie for himself, and as Prince
and Stewart of Scotland, with advice and consent foresaid, of his Majesties certaine knowledge, proper motive,
authoritie royall, and kingly power, hes made, erected, created, united, annexed and
incorporat, and be the tenor of the foresaid chartor for his Majestie, and his successors,
Kings, Princes, and Stewarts of Scotland, makes, erects, creats, unites, annexes and incorporates, the wholl lands, tiends,
and others respective above-mentioned, in ane haill and frie Baronie, to be called
now, and in all time coming, the Baronie of [...] ordaineing, the foresaid tower, fortalice, and manor place of ...... to be the principall
messwage of the samen Baronie; And wills, and grants, and for his Majestie and his
successors, Kings, Princes, and Stewarts of Scotland, decernes and ordaines, that an saisine, now to be taken, be the said Generall Thomas Dalzell, and be his heirs and assignayes, above rehearsed, in all tyme coming, at the foresaid
tower, fortalice and manor place of [...] or at any other part or place, of any of the lands above mentioned, shall stand and
be ane sufficient saisine for the samen hail lands, tiends and others above rehearsed,
now unite in the foresaid Baronie as said is; But any other speciall or particular
saisine, to be taken be him or them at any other part or place thereof, notwithstanding
the samen lye not contigue and together, bot in divers jurisdictions; Anent the which
saisines, and all that shall follow thereupon: His Majestie for himself, and as Prince
and Stewart of Scotland, with consent above rehearsed; hes dispensed and be the tenor of the said chartor,
for his Majestie and his successors, Kings, Princes, and Stewarts of Scotland, disspenses for ever. To be holden, and to be hold all and sundrie, the lands, tiends and others respective above mentioned,
all erected in the foresaid Baronie, and lying as said is, to the said Generall Thomas Dalzell, and his above-written, of his Majestie and his successores, Princes, and Stewarts
of Scotland, immediat Lawfull superiors thereof for the tyme, in fie heretage and frie Baronie
for ever: Be all the rights, miethes, and marches thereof, old and devyded, As the
samen lyes in Lenth and breadth, in houses, biggings &c. [Page 134] milnes, multures &c. hauking, hunting, fishing, &c. with coult plainte herezeld,
&c. And with furk, fok, sock, sack, thole, thame, vert, wraik, waith, wair, venisone,
outfang thief, in [...]angh-thief, pit and gallows, &c. And all and sundrie other commodities &c. frielie
and quyetlie, but any revocatione; &c. Giveing, Yearly, the said Generall Thomas Dalzell and his above-written, to his Majestie and his successors, Princes, and Stewarts
of Scotland, for the hail lands, and others above-rehearsed, except the tiends, rights, services,
and dewties of the samen lands, and others above-mentioned, erected in the foresaid
Baronie, as said is, aught and wont therefore, before the forfaulture above specified
allennarlie; And for the tiends above-specified, the blensh dewties, or other dewties
adebted for the samen, be the said William Mure, before his foresaid forfaulture allennarlie. Lykas his Majestie, with advice and
consent foresaid, faithfullie promits, in verbo principis, to cause Ratifie and approve, the foresaid chartor, with the precept and instrument
of saisine, to follow thereupon, and dissolutione above-expressed, in his Majesties
next Parliament, to be holden within the said Kingdome of Scotland, and that with consent of the estates thereof, And that the foresaid chartor, shall
be ane sufficient warrand, for that effect: As also his Majestie with advice and consent
foresaid, or faines that precepts be directed orderly hierupon in forme as effiers.
Given at the court at W [...]ithall the Eleventh day of July 1670. And of his Majesties Reigne the 22th. Yeare. wt supra scribitur CHARLES REX. Sic subscribitur ROTHES chancellor, TƲEEDDALE, KINCARDINE, DƲNDONALD, BELLENDEN, MARSHAL, HALCARTOƲNE, JO: NISBET, JO:
HOME, CH: MAITLAND.
Compositio vj. lib. xiij, iiij.
Regrat 26th. September 1670.
May it pleas your Majestie.
These containes, your Majesties warrand, for ane chartor to be past, under your great
seall of Scotland, to Generall Thomas Dalzell, of the fyve Pound land of Knockward and tiende thereof. And fyve Merkland of Dunfleet, with their pertinents above-mentioned, lyand within the Bailyatie of Cuninghame, and sheriffdome of Aire; [Page 135] And the fyve Pound land of Kno [...]made, and f [...]ve Merkland of Easter Caldwells and tiends thereof, with their pertinents, lyand within the sheriffdome of Renfrew; With the ten Merkland of Rittockside, and tiends thereof, with the lands of Kippillrig and tiends thereof; with the priviledge of the commone of Renfrew, lyand within the sheriffdome of Renfrew. All which pertained of before, to William Mure Late of Caldwell, at lest to some of his predecessors to whom he is appearand heire; Holden of your
Majestie, for your self, and as Prince and Stewart of Scotland; And now fallen in your Majesties hands: and your Majesties gift by forfaulture of the said William Mure, for his joyning in armes, with dissloyall and seditious persones in the west, who
appeared in armes, in a desperat Rebellion against your Majesties Goverment and Lawes; And your Majestie dissolves the same
from your Majesties Croune, and Patrimonie thereof, And unites and erects the samen,
in ane frie Baronie to be called the Baronie of [...] disspensing with the takinge of saisin, at the manor place thereof, to serve for
the whole; And to be holden of your Majestie, In fie and frie Baronie, for ever: Giving
to your Majestie, the rights, services and dewties, of the samen used and wont; And
for the tiends, the blensh dewties, adebted for the samen, before the forfaulture. All which, your Majestie hes promised, to ratifie in the next insueing session of
Parliament.
Sic subscribitur. LAUDERDALE.
The lands holden of his mediate superiors.
OUr Soverigne Lord, understanding, that the lands, and others aftermentioned, To wit,
the ten Pound land of Beeth, comprehending the tuo Ramsheads, the tuo Biggeits, and the little and [...]ikle highgates, with the mylne, mylne lands, multers and sequells thereof, [...]ower, fortallice and manore place, houses, biggings, yeards, orchards, tofts, crofts,
woods, fishing, moss, moores, meadows, commo [...]s, pastorages, tennants, tennan [...]ries, service of f [...]ie ten [...]ts, annexes, connexes, dependences, parts, pendicles, and [Page 136] pertinents thereof whatsomever, Lying within the parochine of Beeth, Bailiarie of Kyllstewart, and Sheriffdome of Aire; All and haill, the ten Merkland of Cowdam, with the touer, fortallice, manor place, houses, biggings, yeards, orchards, tofts,
crofts, mylnes, woodes, fishings, moss, moores, meadowes, comonties, pastorages, tennants,
tennandries, service, of frie tennents, annexes, connexes, dependences, parts, pendicles,
and pertinents of the samen, whatsomever, Lying within the parochine of Symontoune, Bailiarie of Kyle, and Sheriffdome foresaid of Aire; All and haill, the ten Merkland of Thorntoun, with the touer, fortalice, manor place, houses, biggings, yeards, orchards, tofts,
crofts, mylnes, woodes, fishings, moss, moores, meadowes, comonties, pastorages,
tennents, tennendries, service of frie tennents, annexes, connexes, dependences,
parts, pendicles, and pertinents thereof whatsomever, Lying in the parochine of Killmavers, Baronie of Robertoun, and Sheriffdome of Aire; All and haill, the four Merkland of Neulands, with the touer, fortalice, manor place, houses, biggings, yeards, orchards, tofts,
crofts, mylnes, woods, fishings, mosses, moores, meadoues, comonties, pastorages,
tennents, tennendries, service of frie tennents, annexes, connexes, dependences,
parts, pendicles and pertinents of the samen whatsomever, Lying in the parochine
of Eastwood, and Sheriffdome of Renfrew; All and haill, the five Merkland of Glanderstoun, with the touer, fortalice, manor place, houses, biggings, yeards, orchards, tofts,
crofts, mylnes, woods, fishings, mosses, moores, meadowes, comonties, pastorages,
tennents, tennendries, service of frie tennents, annexes, connexes, dependences,
parts, pendicles and pertinents thereof whatsomever, Lying within the parochine
of Neilstoun, and the foresaid Sheriffdome of Renfrew. Which pertained of before, to William Mure Late of Caldwell, at the least to some of his predecessors, to whom he is appearand heire, Holden be
him or them, or some on or mo [...] of them, immediatlie of the persones respective aftermentioned, immediat Lawfull
supperiors thereof; Are now fallen, and become in his Majesties hands, and at his
Majesties gift and presentatione, be reason of forfaulture, be the privilege of his Majesties Croune, Lawes, and practique of this Kingdome of
Scotland; Throw the said William Mure, his joyning in a [...]es, with the dissloyall and seditious persones in the west, who of [Page 137] late appeared in armes, in ane desperat and avowed Rebellion, against his Majestie; his Government and Lawes, of intention, to have overturned
the samen, if they had not been defeat in the Battell, be Generall Thomas Dalzell of Binnes, Lievetenant Generall of his Majesties late forces, within the Kingdome of Scotland. And tho all Clemencie was offered, to the said William Mure, yet he hes refused the samen; for which wyld act, above-rehearsed, of rysing in armes as said is, he
is declared traitor to his Majestie, and all his lands, goods and geir, forfaulted, as in the sentence and doom of forfaulture, pronounced against him, be his Majesties Justice Generall, of the said Kingdome of
Scotland, his Majesties Justice Clerk thereof, and the assessors appoynted to them, be his
Majesties Privy Councell of the samen Kingdome, in an criminall court holden by them,
in their ordinarie place of sitting within the brugh of Edenbrugh, upon the .... day of August Ja: vj: sixtie seven Years, by past, at more lenth is contained. And his Majestie, not being willing, that his
Majesties right trustie cusigne, Alexander Earle of Eglintoune, superior of the foresaid ten Pound-land of Beeth, comprehending as said is, with the touer, fortalice, and pertinents, and likwayes
with the said ten Merk-land of Thorntoun, with the touer, fortalice, and pertinents; his Majesties right trustie cusigne, William Earle of Dundonald, superior of the foresaid ten Merk land of Cudam, with the tower, fortalice, and pertinents; his Majesties right trustie cusigne, Charles Duke of Lennox, superior of the foresaid fyve Merk land of Glanderstoun, with the tower, fortalice, and pertinents; and Sr. Archbald Stewart of Blackhall, superior of the foresaid four Merk-land of Newlands, with the tower, fortalice, and pertinents; should be frustrat and want ane tennent
to them, of the lands and others respective above specified: bot rather willing to
provyd ane immediat tennent and vassell to them, their heirs and assignayes of the
samen. Therefore, his Majestie, with advice and consent, of his highnes right trustie
cusignes and counsellors; John Earle of Rothes, high Chanceler of the said Kingdome of Scotland, John Earle of Lauderdale sole Secretarie of State of the samen Kingdome, John Earle of Tuecddale, Alexander Earle of Kincardine, William Earle of Dundonald, William Lord Bellendin his Majesties thesauwrer depute, and Sr. Robert Murray late Justice Clerk, his Majesties Commissioner for his Majesties thesawrary, Comptrollarie
and the awrarie of new augmentationes, and also with advice and consent, of the remnant
Lords, and others [Page 138] commissioners of his Majesties Exchecquer, Ordaines ane letter of presentation, to be past under the testimoniall, of his Majesties great seall, of the foresaid
Kingdome of Scotland, in dew forme, nominating, and presenting his Majesties trustie and well beloved,
the said Generall Thomas Dalzell of Binnes, his heires and assignayes, in Immediat Vassall and tenent, to the said Earle of Eglintoun, and the remnant persones above-mentioned; and requyring them, there heires, and
assignayes, to enter and receave, the said Generall Thomas Dalzell, his heires and assignayes, and others his above-specified, in Immediat heretable tennent and Vassell to them, of the Lands, and others respective above-mentioned, and to infest and sease
him, and his above-written therein, be chartour and seasine, as use is in the lyke; To be holden of them, their heires and successors, ilk ane
of them, for their oune part, as is above-devyded, sicklyk, and als frielie in all
respects, as the said William Mure, his predecessors or authors held the samen, of the fore-named superiors, their predecessors
or authors, at any tyme before the said Rebellione. As also, his Majestie faithfullie promits, in verbo principis, to ratifie the chartor and other rights, to be made to the said Generall Thomas Dalzell, his heires and assignayes, of the Lands and others above-rehearsed, in his Majesties
next Parliament to be holden within his Majesties said Kingdome of Scotland, with consent of the estats thereof, and that the foresaid letter shall be ane sufficient
warrand for that effect; and ordaines that the foresaid letter be farder extended,
with all clauses needfull. Given at the Court at Whithall, the Eleventh day of July 1670. and of his Majesties Reigne the 22. Yeares. Wt supra scribitur CHARLES REX. Et sic subscribitur ROTHES CHANCELL. TWEEDDALE. KINCARDINE. HALLCARTOƲNE, JO: NISBET. CH: MAITLAND.
Compositio vj. lib. xiij. iiij.
Registrat September 26. 1670.
May it pleas your Majestie.
These containes your Majesties warrand, for a letter of presentation, to be past under your Majesties great seall of Scotland; by which your Majestie presents, Generall Thomas Dalzell, immediat heretable vassell and tennent to the Earle of Eglintoun, and remnant persons [Page 139] above-named, superiors of the Lands and others above-mentioned: Which pertained
of before, to William Mure Late of Caldwell, or to some of his predecessors, holden be him or them immediatlie, of the above-named
immediat superiors thereof; and now become at your Majesties Gift and presentation,
by his forfaullture, in joyning in armes, with dissloyall and seditious persones in the west, who appeared in armes, in a desperat Rebellion, against your Majestie; and your Majestie requiring, the superiors above-mentioned,
to enter the said Generall Thomas Dalzell, and to infeft him in the Lands and others above-written, to be holden of them, als frilio in all respects, as the said William Mure or h [...] authors held the samen, all which your Majestie is pleased to promise to ratifie, in the next insueing session of Parliament.
Sic subscribitur. LAUDERDALE.
That gift of the Laird of Kerslands estate, to William Drummond pretended proprietar
of Cromlicks.
OUR SO: Lord understanding, that the Lands and others aftermentioned; To wit, all
and haill the tuentie Merk-land of Kersland, comprehending the maines of Kersland, extending to ane three Merk half Merk-land, the Merk-land of Todholles, the toune of Davids-Hill, extending to ane three Merk half Merk land, the three Merk half Merk-land of Miekill and little Auchingries, the two Merk-land of Mauldshead, the half Merk-land of Collburne, and Mylnelands of Kersland, the ten Shilling-Land of Barcoysh, the ten Shilling-Land of Barkippe, the tuentie Shilling-Land of Suinrigmure and Murhouses, the Merk land of highfield, the half Merk-land of Coalheughglen, and the tuentie Shilling Land of Kershead, with the towers, fortalices, manor places, houses, biggings, yeards, orchards, tofts,
crofts, mylnes, woods, fishings, mosses, moores, meadowes, commonties, pastorages,
coales, coalheughes, tennents, tennandries, service of frie tennents, annexes, connexes,
dependances, parts, pendicles, and pertinents, of the samen what somever, All lyand
[Page 140] within the parochine of Dalry, Bailiarie of Cuninghame, and sheriffdome of Aire; All and haill the four Pound land of fulwoodhead, comprehending the Lands of hoods yeard, Bougsyde, Beeths-hill and fullwoodhead, with the tower, fortalice, manor places, houses, biggings, yeards, orchards, tofts,
crofts, mylnes, woods, fishings, mosses, moores, meadoues, commonties, pastorages,
coals, coalheughes, tennents, tennendries, service of frie tennents, annexes, connexes,
dependences, parts, pendicles, and pertinents thereof, whatsomever, All lying within
the parochine of Beeth, Regalitie of Killwinning, and sherieffdome of Aire above-specified; All and hail the Lands of Hourat, Campolls, Langdyke, and Littel broadlie, being ane six Pound-land, whereof the foresaids Lands of Campolls and Langdyk are ane four-pound half Merk-land, the foresaids Lands of hourat ane tuentie Shilling-land, and the foresaid Lands of Littlebroadlie ane Merk-land, all lying within the foresaids parochine of Dalry, Bailliarie of Cunninghame, and sheriffdome of Aire. Which pertained of before, to Robert Ker late of Kersland, at the least to some of his predecessores, to whom he is appearand heir, holden be
him or them, of the persones respective after-mentioned, immediat Lawfull superiors
thereof; Are fallen and become in his Majesties hands, and at his Majesties gift and disspensation, be reason of forfaulture, be the priviledge of his Majesties Croune, Lawes, and practique of the said Kingdome
of Scotland: Throw the said Robert Ker, his rysing in armes, with these dissloyall and seditious persones in the westerne
counties, who of late appeared in armes, in a desperat and avowed Rebellion, against his Majestie, his Governement and Lawes, presuming to act contrarie to,
and overturne the samen, if they had not been defeat in Battell, by his forces then
in armes, whereof his Majesties right trustie and well beloved Councellor Lievetenent Generall William Drummond was Major Generall. And tho all Clemencie was offered to the said Robert Ker, yet he refused the samen; For which wyld treasone above-rehearsed, he is declared traitor to his Majestie, and all his Lands, goods and gier, forfaulted, are ordained to belong to his Majestie, as in the sentence and doom of forfaulture, given and pronounced against him, be his Majesties Justice Generall of the foresaid
Kingdome of Scotland, his Majesties Justice Clerk thereof, and the assessors appointed to them, be his
Majesties privie Councell of the samen Kingdome, in ane criminall [Page 141] court holden be them, in their ordinarie place of sitting, with in the Brugh of Edenburgh, upon the sexteen day of August Ja: vj. Threescore seven Years. And ratification and approbation thereof, exprest in the Eleventh act of the first session of his Majesties second Parliament, dated the fyfteen day of December Ja: vj. Threescore nyn Years, at more lenth is contained. And his Majestie not willing, that his Majesties right
trustie cusing, Alexander Earle of Eglintoune, superior of the foresaid twentie Merk-land of Kersland, and of the foresaid four pound land of fullwoodhead, comprehending as said is, with the touers, fortalices and pertinents; And also that
William Blair of that ilk, superior of the foresaid six pound-lands of hourat, Campoll, Langdyk, and Little broadlie, with the towers, fortalices, and pertinents thereof, should be frustrate, and want
ane vassell and tennent to them, of the lands and others respective above-mentioned:
Bot rather willing to provyde ane immediat tennent and vassell to them, there heires,
and assignayes of the samen. And lykwyse considering, the good and faithfull service
done to his Majestie, and his Majesties royall father, of ever blessed memorie, be
his Majesties said right trustie and well beloved Councellor, Lievetenent Generall,
William Drummond, at severall occasiones, bot especialie in the moneth of November Ja: vj. Threescore six Years, Be his active and valerous carriage,
in the foresaid charge of Major Generall, pursueing, invading, defeating, and in
Battell suppressing, a considerable number of his Majesties saids dissloyall subjects,
of the foresaid Kingdome, associat and combyned in armes as said is; Besydes divers other good and faithfull services, done by the said Lievetenent Generall
William Drummond, by his skillfull conduct of such of his Majesties forces, as were intrusted to him from
tyme to tyme, such as his engadging with the armies raised in the Yeare Ja: vj. fourtie
eight, for frieing and relieving, the persone of his Majesties royall father of ever
blessed memorie, then keeped in Captivitie and strong prisone, by his unnaturall and
rebellious subjects, of England. His forWardness and Zeall in joyning himself in the
royall armies in the Kingdome of Irland, in the year Ja: vj. fourtie nyn, Commanded
by James Duke of Ormond, Lord Lievetenent of that Kingdome. The said Lievetennent Generall William Drummond, his readie and active concurrence, with his Majesties armies in Scotland and England, in the year Ja: vj. fiftie ane, and his great sufferings, and his long imprisonment therefore. And also his ventorious and [Page 142] bold attempt, by rising again in armes, with many of his Majesties dewtifull and Loyall
subjects, in the Hielands of Scotland in the year Ja: vj. fiftie three, with his Majesties commission as Major Generall, against
the usurpers of the Government of the said Kingdome; and when all hopes was almost
lost, because of that prevailing power, he choysed to endure all hardshipe, yea rather banishment
from his native countrie, then to accept their offers and conditiones, for submissione
to the Tyrannie, of that illegall and unjust usurpatione. And after his Majesties happie resturatione, to his just right and possessione, of his
Majesties Crounes, The said Lievetenent Generall William Drummond, willinglie left upon his Majesties Call, a plentifull and honorable
condition, under his imperiall Majestie of Russieland, to return and express constant
and renued tokens of his fidelitie, to his Majesties service. And his Majestie being most willing, for his fur [...]her encouragement, to persist in his Loyall actings, to confer some signe of his Majesties
favours upon him: Therefore his Majestie with advice and consent, of his Majesties
right trustie cusignes and Councellors, John Earle of Rothes, &c. high Chancellor of the said Kingdome of Scotland, John Earle of Lauderdale, &c. sole Secretare of State of the said Kingdome, John Earle of Tueeddale, &c. Alexander Earle of Kincardine, &c. William Earle of
Dundonald, &c. Charles Maitland of Haltoune, thesaurer deput to his Majestie of the said Kingdome, and his Majesties trustie
Councellor, Sr. Robert Murray, late Justice Clerk, his Majesties Commissioners for the thesawrie, Comptrollarie,
and thesawrarie of his Majesties new augmentations of the foresaid Kingdome, and also
with advice and consent, of the rest of the Lords and others commissioners of his
Majesties exchequer, of the samen Kingdome, Ordaines a letter of presentation to be past, under the Testimoniall of his Majesties great seall, of the foresaid
Kingdome of Scotland, in due forme, nominating, and presenting, the said Lievetenent Generall William Drummond, his heirs and assignayes whatsomever, in immediat heretable vassell and tennent,
to the saids Earle of Eglintoun, and William Blair, and requyring them, their heires, and assignayes, to enter the said Lievetennet Generall
William Drummond, and his above-specified, in immediat heretable tennent and vassell to them, and
the Lands and others respective above-written, and to infeft and sease him and his
above-mentioned [Page 143] therein, be chartor and seasine, as use is in the lyke; To be holden of them, their heires and successors, either
of them for their oune parts, as is above-devided; Sicklyke, and als frielie, in all
respects, as the said Robert, his prodecessors or authors held or might have holden the samen, of the fore-named
superiors, their predecessors and authors, at any tyme before the foresaid Rebellion, The said Lievetennent Generall William Drummonds entrie to the Lands, and others foresaids, and up lifting the mailles, dewties, and Caswalities thereof, being for the crope, and yeare of good Ja. vj. Threescore ten yeares. As also his Majestie with consent foresaid, faithfullie promits in verbo principis, to cause Ratifie and approve, the chartor and other rights, to be made to the said
Lievetennent Generall William Drummond, his heires and assignayes, of the Lands and others above-rehearsed, in his Majesties
next Parliament, to be holden within his Majesties said Kingdome of Scotland, and that with consents of the estats thereof, and ordaines the foresaid letter, to
be further extended, in dew forme, with all clauses needfull. Given at the Court at
Whithall, the fourth day of march. 1671. And of his Majesties Reigne the 23th. Yeare. Ʋt supra scribitur CHARLES REX. Sic subscribitur ROTHES CHANCELLOR. TƲEEDDALE. KINCARDINE. DƲNDONALDE. CH: MAITLAND.
HALCARTOƲNE. AR: PRIMROSE. JO: NISBET. JO: WAƲCHOPE.
Compositio vj. lib. xiij. iiij.
Registrat march 13th. 1671.
May it pleas your Majestie.
These containes, your Majesties gift and disposition, to Lievetennant Generall William Drummond, his heirs and assignayes whatsomever, of the twentie Merk-land of Kersland, and other Lands, towers, fortalices, manor places, houses, yeards, orchards, and
others whatsomever, particularlie above-mentioned; which pertained of before, to Robert Ker late of Kersland, at least to some of his predecessors, to whom he is appeareand heire; And are now
fallen in your Majesties hands, and at your gift and disposition, be reasone of forfaulture; Through the said Robert his rysing in armes, [Page 144] in the last Rebellion, with these disloyall and seditious persones, who came from the westerne counties,
in November Ja: vj. sixtie six. These also containes your Majesties warrant, for a letter of presentatione, to be past under the testimoniall of your great seall of Scotland, nominating, and presenting the said Leivetenent Generall William Drummond, and his foresaids, in immediat heretable tennent and vassall, to Alexander Earle of Eglintoun, and William Blaire of that ilk, in the severall and respective Lands and others, whereof they are Lawfull superiors,
in manner particularlie above-mentioned; To be holden of them, their heires and successors,
either of them for their oune parts, as is above divyded sicklyk, and all frielie
in all respects, as the said Robert Ker, his predecessors or authors, held, or might have holden the samen, at any tyme before
the said Rebellion. The said Lievetenent Generall William Drummond his entrie to the saids Lands, and others foresaids, And up lifting the mails, dewties, and Caswalites thereof, being for the crope, and yeare of god Ja. vj. and seventie. And your Majestie promises in verbo principis, to ratifie and approve the said chartor, and others rights to be made, to the said Lievetennent Generall
VVilliam Drummond and his foresaids, of the Lands and others above-rehearsed, in your Majesties next
Parliament, to be holden in the said Kingdome.
Sic subscribitur. LAUDERDALE.
That other gift, of Kerslands Lands of overtoun in the parochin of Beeth, to William
Blair of that ilk.
OUR SOVERAIGNE LORD, with advyce and consent, of his Majesties right trustie, and
well beloved cusignes and Councellors, John Earle of Rothes, Lord Lesslie and Balmbriech &c. high Chancellor of the Kingdome of Scotland, John Duke of Lauderdale, Marques of March, Earle of Lauderdale, Viscount Maitland, Lord Thirlestane, Musselbrugh and Bolton. [Page 145] Lord president of his Majesties privie Councell of the said Kingdome, and Sole secretare thereof, John Marques of Atholl &c. Lord privie seall of the said Kingdome, Archibald Earle of Argyll &c. Alexander Earle of Kincardin &c. William Earle of Dundonald
&c. and his Majesties trustie and familiar Counsellor Charles Maitland of Haltoun, his Majesties Thesaurer depute, of the said Kingdome, commissioners of his Majesties
Thesaurie, Comptrollerie, and Thesaurie of his Majesties new augmentationes, within
the said Kingdome of Scotland, and also with advyce and consent, of the remanent Lords and others, commissioners
of his Majesties exchequer, of the samen Kingdome, ORDAINES ane letter of presentation, to be made, under the Testimoniall of the great seall, in due form: MAKEING MENTIONE,
that his Majestie Considering, that all Lands, heretages and others whatsomever, whilks belonged To Robert Ker of Kersland, fell in his Majesties hands, and at his Majesties gift and disposition, and presentation, be reason of forfaulture: Throw the said Robert Ker, his adjoyning, and associating himself in rebellion, with these who did aryse in the west, in Anno Ja: vj. sixtie six Yeares, against his Majesties Authoritie and Lawes, in manner as is more fullie mentioned,
in the decreet and sentence of forfaulture, pronounced against him, be the Justice Generall and his deputs for the samen, upon
the [...] day of [...] and also considering, the eight pound land, of old extent, of overtoun, and Corn mylne thereof, with the mylne Lands, astricted multures and sequells of the samen, with houses, biggings, yeards, annexes, connexes, parts, pendicles
and pertinents of the samen whatsomever, lyand within the Baronie of Giffen, bailliarie of Kylstewart be annexation, sheriffdome of Aire; quhilks were disponed and wodset, be umquhill Robert Montgomerie of Hessilheid, to the said Robert Ker of Kersland, under reversion, be payment of the sumes of mony, contained in the infeftments,
rights and securities made thereanent; doeth now pertaine and belong to his Majestie,
and is fallen, and become in his highnes hands, and at his highnes gift and disposition, be reason, of the foresaid decreet, and sentence of forfaulture; And that the same is yet undisposed upon, or gifted be his Majestie: And his Majestie,
for the good, true and thankfull services, done [Page 146] and performed to his Majestie, and his highnes ancestores, be William Blair of that
ilk, and his predecessors, and for certaine other onerous causes, good respects, and
considerationes moveing his Majestie, being resolved to confer upon the said William Blair, the rights of the foresaid wodset: THEREFOR his Majestie with consent foresaid, hes
given, granted and disponed, and be the tenor thereof, with consent foresaid, gives,
grants and dispones, to the said William Blair of that Ilk, his heires and assignayes whatsomever; ALL AND HAIL the said eight pound land of old extent, of overtoun, and cornmylne thereof, with the mylne Lands, astricted multures, and pertinents of the samen wodset, be the said umquhille Robert Montgomerie of Hesilhead, to the said Robert Ker of Kersland, for the sumes of mony, mentioned in the rights and securities past thereanent, with
the said right of wod set it self, haill sumes of mony therein contained, Chartours
and infestments following thereupon, hail heads, articles and clauses thereof, and
all that hes followed, or may follow upon the samen. Lykeas his Majestie, with advyce
and consent foresaid, hes nominat and presented, and be thir presents, nominats and presents, the said William Blair of that Ilk, his heires and successors, immediat heretable vassalls, and tennents, to the heires, and successors foresaids, of the said Robert Montgomerie of Hesilhead, superior of the Lands, mylne and others foresaids, REQUYRING them, to enter and receave, the said VVilliam Blair of that Ilk, and his foresaids, immediat heretable tennents, and vassalls to them, of all and haill, the Lands and mylne, And to infeft and sease him, and his foresaids therein, be chartor and saisine, To
be holden of them, their heires and successors, Siclyke, and als frielie, in all respects,
as the said Robert Ker of Kersland, or any of his predecessors, or authors, held the samen, of before; and that the
said letter, be further extended, in the best form, with all clauses needfull. GIVEN AT, the Court
at Whitehall, the tuentie two day of Aprile Ja: vj. seventie eight. And of his Majesties Reigne the 30th. Yeare. Ʋt supra scribitur. CHARLES REX. Sic subscribitur, LAƲDERDALE COMISSIONER. ROTHES CHANCELLOR. DƲNDONALD. CH: MAITLAND.
CAITHNESS. ELPHINSTONE. BELHAVEN. THO MƲRRAY [Page 147] GEO. Mc. KINZIE. THO VVALLACE.
Compositio vj. lib. xiij, iiij.
Regrat 26th. Juny 1678.
May it pleas your Majestie.
These containe, ane warrant, for ane gift and presentation' to be past, under the Testimoniall of your Majesties great seall of Scotland; in favours of VVilliam Blair of that ilk, his heires and assignayes, of the eight pound land of Overtoun, with the cornmylne and pertinents thereof, which were wodset, be umquhill Robert Montgomerie of Hessilheid, to Rober Ker of Kersland, for the sumes of mony, mentioned in the rights and securities made there anent;
And are now falen in your Majesties hands, and at your gift and presentation; Throw ane decreet and sentence of forfaulture, given and pronounced against the said Robert Ker, before the Justice Generall and his Deputs; And your Majestie nominats and presents, the said VVilliam Blair, to be vassall and tennent, to the heires and successors, of the said Robert Montgomerie of Hessilheid, superior thereof; Requiring them, to infeft the said VVilliam Blair, in the Lands, mylne and others foresaids, to be holden of them, Siclyke and als frielie, as the said Robert Ker held the same.
The gift of Major Joseph Lermonts estate to William Hamilltoun of Woulshaw.
OUR SOVERAIGNE LORD, with advice and consent, of his Majesties right trustie cusignes
and Counsellors, John Earle of Rothes Lord high Chancler of the Kingdome of Scotland, John Earle of Lauderdale sole secretare of state, John Earle of Tueeddale, Alexander Earle of Kincardine, VVilliam Earle of Dundonald, Charles Maitland of Haltoun, his Majesties Thesaurer deput of the samen Kingdome, and Sr. Robert Murray knight. [Page 148] Commissioners of his Majesties Thesaurarie, Comptrollarie, and Thesaurarie of his
Majesties new augmentationes, and also with consent and advice, of the remnant Lords
and others his Majesties commissioners of the exchequer of the samen Kingdome, ORDAINES ane letter of presentation, to be made under the testistimoniall of his Majesties great seall of this Kingdome,
directed to Mr. Andrew Broun of Dollphintoun; [...] Bothwell of Glencross, or James Murray of Skirling, or either of them immediat and Lawfull superiors, of the lands, tiends and others
under-written; Mackand mentione, that all and sundrie the Lands after-specified,
Viz. All and haill the Lands of Neuholme, with the manore place, houses, biggings; yeards, orchards, parts, pendicles, and
pertinents of the samen, extending to ane [...] pound land of old extent, Lying within the parochin of Dollphintoun, and sheriffdome of Lanerk and be union within the Baronie of Skirling as for the principall. And sicklyk all and haill, these parts and pertinents of the
Lands, and Baronie of Skirling, called the Lands of Kirk la hill and Stainie Lands, with the pertinents lying within the Baronie of Skirling, and sheriffdome of peibles, in speciall warrandice, and securitie of the said Lands of Newholme, in case of eviction thereof; TOGETHER with the teynds personage, and viccarage of the saids Lands of Newholme, and hail pertinents thereof whatsomever. Which pertained of before, to Major Joseph Lermont of Newholme, holden be him immediatlie, of the said Mr. Andrew Broun [...] Bothwell, or James Murray, or aither of them, immediat and Lawfull superiors, of the saids Lands tiends and
others with the pertinents, and are now fallen, and become in his Majesties hands,
and at his Majesties presentation and dissposition, be, and through, the process and doom of forfaulture, dewlie, Lawfullie Led, and deduced, and pronounced against the said Major Joseph Lermont, in ane Justice court, holden at Edenbrugh, the fourteene, fyftine, and sixtine dayes of August Ja: vj: and sixtie seven Yeares. Thirr words in their rights in latine as the express cause of the gift are thus. Pro certis criminibus perduellionis & laese Majestatis per eum commissis & de quibus
convictus fuit in dicta curia Justiciaria pro ut in processu & sententia forisfacturae
eatenus lat: & deduct: fusius habetur. For certaine crymes of treason, and laese Majestie, committed be him, and whereof he was convicted, [Page 149] in the Justice court, as in the process and sentence of forfaulture led deduced, and pronounced thereanent, at more Lenth is contained. And our Soveraigne Lord understanding, that the said
Mr. Androw Broun [...] Bothwell, and James Murray, or aither of them, are now undoubted, immediate and Lawfull superiors, of the saids
Lands and others above-written, and not being willing that they be any wayes hurt
or prejudged, of their or aither of their superiorities; bot rather to provide to
them ane sufficient tennent and vassell: Therefor his Majestie with advice and consent
foresaid, hes nominat and presented, and be thir presents, nominats and presents to
them, his Majesties Lovit, William Hamiltoun of Woulshau, his heires and assignayes, immediat ând heretable tentent to them, of all and sundrie
the Lands, tiends, and others above-written, extending and lying as said is; Requiring
the said Mr. Andrew Broun [...] Bothwell, and James Murray, or aither of them, superiors foresaids, to Receave the said William Hamiltoun, his heires and assignayes foresaids, immediate and heretable tennent to them, of
all and sundrie the foresaids Lands, and others foresaids respectiue above-written,
extending and lying as said is, and to make and delyver to him, sufficient and heretable
infeftments of the samen, to be holden of the said Mr. Andrew Broun, [...] Bothwell, and James Murray, or aither of them, their heires and successors, sicklyk and als frielie, in all respects,
as the said Major Joseph Lermont, held or might have holden the samen himself, before the said sentence and doom of forfaulture; and that the said letter, be further extended, in best form, with all clauses needfull.
Given at the Court at Whithall, the fourth day of march Ja: vj: and seventie and ane Years. And of his Majesties Reigne the 23. Year. Ut supra scribitur CHARLES REX. Et sic subscribitur ROTHES CANCELLOR. TƲEEDALE. KINCARDINE. DƲNDONALD. CH: MAITLAND.
JAMES DALRYMPLE. AR: PRIMEROSE. JO: NISBET. WAƲCHOP.
COMPOSITIO vj. lib. xiij. iiij.
Registrat may 20th. 1671.
May it pleas your Majestie.
These containes, your Majesties warrand, for a letter of presentation, to be made in favours of William Hamilltoun of Wollshaw, his heirs and assignayes, under the testimoniall of your great seall of Scotland, directed to Mr. Andrew Broun of Dolphintoun, ..... Bothwell of Glencross, and James Murray of Skirling, or aither of them, immediat and Lawfull superiors of the Lands of Newholme, with the manor place, houses, biggings, parts, pendicles, and pertinents of the samen,
as for the principall, and the Lands of Kirklahills, and Stanie Lands, with the pertinents, in speciall warrandice, and securitie of the saids Lands of
Newholme, together with the tiends, personage, and viccarage of the Lands of Newholme, and pertinents thereof whatsomever. Which pertained heretablie of before, to Major Joseph Lermont of Newholme, holden be him immediatly, of the saids persons, or either of them, and which are
now fallen, and become in your Majesties hand, and at your Majesties presentation
and dissposition, through the process and doom of forfaullture, Led, and pronounced against the said Major Joseph Lermont, in ane Justice court holden at Edenbrugh, upon the .... day of Ja: vj: sixtie and seven Years, for certaine crimes of treason, & laese Majestie, committed be him; and your Majestie nominats and presents, to the saids persons, or either of them,
Lawfull superiors of the saids Lands, and others above-mentioned, the said VVilliam Hamilltoun and his foresaids, in immediat heretable tennent to them, of all and haill the Lands, teynds, and others above-written, Requyring them, or either of them, superiors foresaid,
to receave him and his foresaids, in immediat tennent to them of the samen, and to
delyver to him, sufficient and heretable infeftments, to be holden of them, or aither
of them, their heirs and successors, als frielie, als the said Major Joseph Lermont hath, or might have holden the samen himself, before the said sentence of forfaullture.
Sic subscribitur. LAUDERDALE.
The exact double of the Kings Gift, of the estate belonging to William Porterfield
of Quarelltoun to Mr. John Hamilltoun of Hallcraig Younger.
sic super scribitur. CHARLES REX.
OUR SOVERAIGNE LORD, with advice and consent, of his highnes right trustie cusignes
and Counsellers, John Earle of Rothes, Lord high Chancellor of Scotland, John Earle of Lauderdale, sole Secretarie of State, John Earle of Tueeddale, Alexander Earle of Kincardine, VVilliam Earle of Dundonald, Charles Maitland of Haltoun, thesaurer deput of the samen Kingdome, and Sr. Robert Murray Knight, Commissioners of the thesaurarie, Comptrollarie, and thesaurarie of new augmentationes,
and also with advyce and consent, of the remanent Lords and commissioners of exchaquer of the samen Kingdome, Ordaines ane letter of presentation, to be made under the testimoniall of the great seall of this Kingdome, direct to
[...] Porterfield of that ilk, or [...] Shaw of Grinok, or ane or other of them, superiors of the Lands, tiends and others under-written:
Mackand mentione, that all and sundrie the Lands and others under-written, viz. All
and haill the ten Merk-land of Easter Cochrane, with tour, fortalice, manore places, milnes, multers, parts, pendicles, and pertinents
thereof, Comprehending therin the Lands of Quarrelltoun, Lonbanck, Hillhead, Cairtsyds, over and nether Gremend, and Breadinhill, all lying within the parochin of Palslay, and sheriffdome of Renfrew. Which pertained heretablie of before, to VVilliam Porterfield of Quarrelltoun, holden be him immediatlie, of the saids [...] Porterfield, or [...] Shaw, or aither of them. Are now fallen, and become in his Majesties hands, and at his
highnes presentation and dissposition, be, and throw the proces and doom of forfaulture, dewlie, orderlie led, deduced and pronounced against the said VVilliam Porterfield, in ane justice court, holden at Edenbrugh upon the fyftien day of August Ja: vj: sextie seven Years, Thirr words in their latine right runes thus ...... pro certis criminibus perduellionis & laese Majestatis per eum commissis &
de quebus convictus fuit in dicta curia Justitiaria pro ut in processu & sententia
foris facturae catenus lat: & deduct: fusius habetur. for certaine [Page 152] crymes of treason and laese Majestie committed be him, and whereof he was convict, in the said justice court, as in the process and sentence of forfaulltur, led, deduced and pronounced thereanent, at maire lenth is contained. And our said Soveraigne Lord understanding,
that the saids .... Porterfield, or .... Shaw are now undoubted immediat Lawfull superiors of the saids Lands and others; And not
being willing that they be any wayes hurt or prejudged, of their superioritie thereof,
bot rather to provyd them, to ane sufficient tennant and vassell of the samen: Therefor
his Majestie with advice and consent foresaid, hes nominat and presented, and be thir presents, presents to them his Majesties Lovit, Mr. John Hamilltoun of Hallcraig Younger, his heirs and assignays, in immediat heretable tennant to them, of all and sundrie
the saids lands, tiends, and others above-written, extending and lying as said is,
requyring the saids [...] Porterfield, or [...] Shaw, superiors foresaid, to receave the said Mr. John Hamilltoun, his heirs and assignays foresaids, in immediat heretable tenants to them, of all
and sundrie the foresaids Lands, and others respective above-written, extending and
lying as said is, and to make and delyver to him, sufficient and heretable infeftments
of the samen, to be holden of the saids [...] Porterfield, or [...] Shaw, or aither of them, their heirs or successors sicklyk and als frielie as the said
VVilliam Porterfield held, or might have holden the same himself, before the said sentence and doome of forfaullture, And that the said letter be further extended in the best form, with all clauses needfull. Given at the Court
at Whithall the 4th. day of march Ia: vj: seventie ane year and of his Majesties Reigne 23. year.
COMPOSITIO GRATIS. Sic subscribitur. ROTHES CHANCELL. TWEEDDALE. KINCARDINE. CH: MAITLAND. BELLENDEN. AR: PRIMROSE. JO: NISBET.
May it pleas your Majestie.
These containes your Majesties warrand, for a letter to be made under the testimoniall of your great seall of Scotland, directed to [...] [...] Porterfield of that ilk, or [...] Shaw of Grinok or ane or [Page 153] other of them, superior of Ten Merk Land of Easter Cochran and other Lands, Teynds and others abovewritten, which pertained heretablie of before
to William Porterfield of Quarreltoun; holding by him immediatly of them or either of them: now fallen and become in your
Majesties hands, and at your presentation and disposition, through the Process and
dome of forfaulture led and pronounced against the said William Porterfield in à Justice Court holdin at Edenburgh upon the [...] day of [...] 166 Years, for certain crimes of Treason and Laese Majestie committed by him. And your Majesty nominats and presents Mr. John Hamiltoun yonger of Halcraige, his Airs and assignies, in immediate heretable tennents to him of all and sundrie
the said teynds and others abovewritten, Extending and lying in mainer abovementioned.
Requiring the saids [...] Porterfield [...] Shaw Superiors forsaids, to receave the said Mr. John Hamiltoun and his forsaids, in immediate heretable tennents to him, of all and sundrie the
forsaids Lands, and others respectively above-written: And to make and deliver to
him sufficient and heretable Infestments of the same: To be holdin of them or either
of them, there Airs and Successors, as freely as the said William Porterfield, hath or might have held the same himself before, the said Sentence of forfaulture.
Sic subscribitur LAUDERDAIL: