journall, or any judges books within this realme, that letters and executorials needfull may passe therupon in forme, as effeirs and constitutes master John Menzies, advocat, my procourator. In witnes wherof, thir presents (wreitten be John Anderson, servitor to Mr. Robert Martin, clerk to the justice court) are subscribed with my hand, at Edinburgh the 18th day of March, 1681 years, befor witnes. ses George Monro, wreitter, in Edinburgh, and the said John Anderson. DAVID WEIR. glen, Robert Fleyming, of Auchinfine, Joha Hamilton, fewar of Rogertoun, Thomas Craigie, fewar of Jacktoun, John Millar, portioner of Long Catherwood, John Wilson, of Highflett, Robert Steivin, fewar of Newland, John Steill, of Windhill, John Cochrane, of Crige, James Dycks, portioner of Holburn, John Carduff, fewer in Jacktoun, Thomas Patton, at the Old Kirk of Camnethan, John Whitlawe, in Bothwelsheills, John Patterson ther, John Whytt, of Neuk, and Thomas Linn, of Blairachin, and ffinds the pannalls above wreitten guilty of ry. seing and being in the rebellion 1679, with the rebells, in armes; and also, Assolyies James Udingstoun, William Wallace, portioner of Muirhead, smith, in Lanerk, John Wilkie, in Mainhill, John Scotts, elder and younger, in Udingstoun, William Dick, in Lanerk, James Park ther, Hugh Ker, son to William Ker, of Bedronald, Robert Haddowe, ther, John Buckle ther, Alexander Balyie ther, Thomas Hinselwood ther, Hugh Somervaill, of Uratts, James M'Quliarie, of Scorieholme, James Carse, in Udingstoun, Alexander Corse, bis son, James Rae, son to John Rae, in Udingstoun, James Gray, elder of Chrystoun, James Gray, of Berrieknowe, John Brown, in Rutherglen, Hugh Ker, of Bawehouse, William Park, fewar of Lairdfadd, James Reid, of Kittochsyd, John Cochran, portioner of Chappell, John Hutcheson, of Hairlawe, Luke Greinsheills, of Hogscastle, John Gray, of Dargavill, John Marshall, wreitter in Hamilion, George Robertson, elder and younger, in Glentore, William Wardroper, portioner of Sic Subscribitur, GEO. MONRO, witnes. Jo. ANDERSON, witness. The Lords Justice Generall, Justice Clerk, and Commissioners of Justiciary, in respect the saids John Williamson's, James Walker, John Spreu!l, William Tweddale, David Robieson, and David Weir, bave accepted the benefitt of his majestie's gracious pardon and indemnitie, and have renunced and resigned in favours of the king's majestie and commissioners of his hynes thesaurie, and his donators, all lands and heretages befallen to them, or where unto they hade right, befor his majestie's act of grace deserted, and be thir presents deserts the dyet in perpetuum, and dischairges the raising or outgiving of any newe letters or dittays againest the defenders for the crymes above specifit in tyme comeing: whereupon they and ther procurators asked and took instruments and protested for ther cautioners relieff, and craved ther bonds might be delyvered up, which the saids lords admitted and or dained. the Wester Catherhead. Sic Subscribitur. JA. BAIRD, Ch. The said day the persons who past upon assyse of James Semple, John Scott, James Muirhead, William Wallace, and John Mar- Efter oppining and reading of the whilk ver shall, above designed, and the remnant persons dict of assyse, The Lords Justice Generall, Jus remitted to them, returned ther Verdict in pre- tice Clerk and Commissioners of Justiciary, sence of the saids lords, whereof the tenor fol- Therfor be the mouth of Andrew Cunning. lowes: The Assyse be pluralitie of votes, by the hame, Dempster of court, decerned and adjudg mouth of James Baird, of Saughtounhall, ther ed the said David Whytt, smith, in Lanerk, chancellar, finds the sufficiencie of the pro- Gideon Weir, gunesmith ther, David Gibson bation led againest the persons underwreitten ther, John Wilson, wreitter in Lanerk, Mr. conforme to the depositions of the witnesses Thomas Pillans, James Laurie, wreitter ther, adduced, to witt, againest David Whytt, smith Archibald Syinson ther, Thomas Lauchlan in Lanerk, Gideon Weir, gunesmith ther, ther, William Ferguson ther, John Semple, David Gibson ther, John Wilson, wreitter maso ther, Thomas Inglis ther, Alexander ther, Mr. Thomas Pillans, James Laurie, Anderson ther, John Pumphray ther, John wreitter in Lanerk, Archibald Symson ther, Jack, in Nemphler, William Padzean, mason Thomas Lauchlan ther, William Ferguson in Lanerk, Robert Lockhart, of Birkhill, Gavin ther, John Semple, mason ther, Thomas In Hamiltoun, of Hill, James Weir, of Johnshill, glis ther, Alexander Anderson ther, John John Steill, in Overwatterhead, John HadPumphray ther, John Jack, in Nemphler, dowe, in Douglas, James Whytt ther, William William Padzean, mason, in Lanerk, Robert Falconer, in Hamiltoun, Arthur Tairbet ther, Lockhart, of Birkhill, Gavin Hamilton, of Hill, Gavin Weatherspoon, of Heatherieknowe, James Weir, of Johnsbill, John Steill, in Over- John Eastoun, portioner of Garnquein, Robert watterhead, John Haddowe, in Douglas, Goodvin, maltman in Glasgow, James Cuning James Whytt ther, William Falconar, in Ha-hame, merchant ther, Isack Blackwell, son to milton, Arthur Tairbet, Gavin Weatherspoon, of Heatherie-knowe, John Easton portioner of Garnquein, Robert Goodvin, maltman, in Glasgowe, James Cunninghame, merchant, ther, Isack Blackwell, son to Thomas Blackwell ther, William Riddell, fewar in Ruther Thomas Blackwell, ther, William Riddell, fewar in Rutherglen, Robert Fleyming, in Auchinfine, John Hamiltoun, fewar of Roger toun, Thomas Craige, fewar of Jacktoun, John Millar, portioner of Long Catherwood John Wilson, of Highflett, Robert Steiven H 1 in tyme comeing, and to have forfault ammitted and tint all and sundrie ther lands, heretages, tenements, annual rents, offices, titles, dignities, tacks, steading, roumes, possessions, goods, and gear, whatsomever pertaining to them, to our sovereign lord to remain perpetuallie with his highness in property, which was pronunced for doom: Whereupon his Majesties advocat asked and took instruments. fewar of Newland, John Steill, of Windhill, John Cochran, of Craige, James Dycks, portioner of Halburne, John Carduff, fewar in Jacktoun, Thomas Patton, at the Old Kirk of Cambusnethan, John Whitlawe, in Bothwelsheills, John Paterson ther, John Whytt, of neuk, and Thomas Lin, of Blairachin, and ilk ane of them to be execut to the death, demained as traitors, and to underlye the paines of treason and utter punishment appoynted by the lawes of this realme when they shall be apprehendit, at such tymes, places, and in such maner, as the lords justice generall, justice clerk and commissioners of justiciarie shall appoynt, and ther names, memorie, and honours to be extinct, and ther armes to riven furth and delate out of the bookes of armes, suae that ther posteritie may never have place nor be able herefter to bruik or joise anie honours, offices, or dignities within this realme, The Lords continue the pronuncing of doom and sentance againest James Semple, maltman, in Hamiltoun, who is found guilty of treason and rebellion, and is come in his majestie's will, and has confessed the cryme, and begs pardon till the fift day of April nixt. N. B. The diet against James Semple is continued from time to time, and at last drops out altogether. 331. The Trial of the Lady ALICE LISLE,* at Winton, for High Treason: 1 JAMES II. A. D. 1685. August 27, 1685. Cl. of Ar. ALICE Lisle, hold up thy hand. [Which she did.] Thou standest here indicted by the name of Alice Lisle, of the parish of Ellingham in the county of Southampton. widow; for that thou, as a false traitor against * Mr. Justice Foster calls her (more properly as it seems) Mrs. Lisle. She was widow of John Lisle who had been one of the Judges of King Charles the First; (See vol. 4, of this Collection p. 1052-1133;) but I find not his name among those who signed the Warrant for Execution. (See vol. 4, pp. 1134, 1135.) He had afterwards, in the Protectorate of Qliver Cromwell, been Lord President of the High Court of Justice. (See in this Collection the Cases of Gerhard and others, vol. 5, p. 517; of Sir Henry Slingsby, vol. 5, p. 871; of Dr. Hewet, vol. 5, p. 883, and of Mr. Mordant, vol. 5, p. 907.) The following particulars of the death of Lisle, are related by Ludlow, his friend and associate, and a partner of his expatriation: "Mr. Lisle having received advice from the lieutenant Balival, that a certain Frenchman, who used to engrave upon seals and dishes at Vevay, Lausanna, and other places, had informed these Savoyards of the way they should take for the execution of their wicked design, procured an officer of justice to demand him at his lodging in Lausanna; where being informed that he was gone to Vevay, a message was dispatched to me, that I might cause him to be seized. Accordingly the bailiff, at my request, granted a warrant for taking him into custody. But he having heard how things had passed at the most illustrious prince, James the Second, by the grace of God, of England, Scotland, France, and Ireland, king, thy supreme and natural lord, the fear of God in thy heart not having, nor weighing the duty of thy allegiance; but being moved and seduced by the instigation of the Devil, the love and true, due Lausanna, and supposing the alarm to be over, was returned thither. Of which the government of the town having advice, they caused him to be seized, and carried before the burgomaster; who, after a slight examination, contented himself with banishing him from their jurisdiction. And now Mr. Lisle began to think, that he had not much better provided for his security by abandoning Vevay. "On the Wednesday of the same week, two men in the habit of grooms, mounted upon good horses, came to lodge at an inn in Vevay. Of which our landlord having received notice, (according to an order of the bailiff and chatelain formerly signified to all innkeepers), he went to the house where they were; and, upon examination, was assured by them, that they belonged to a German count, who was then at the baths in the Pais des Vallees; that they were by his order come to this place to wait his return, and that they had already sent a messenger to acquaint him with their arrival. Being not able to draw any more from them, he came home; and, having acquainted me with what had passed, earnestly desired, that I would be upon my guard. In the mean time these pretended grooms continued at Vevay till the Thursday in the following week; when one coming from the baths before mentioned, assured, that no such person as these fellows described, had been there: which added to and natural obedience, which a true and faithful subject of our said lord the king, towards him our said lord the king, should, and of right ought to bear, wholly withdrawing, and with all thy might intending the peace and common tranquillity of this kingdom of England to disturb, and war and rebellion against our threatening message sent by our landlord to the innkeeper for entertaining such rogues, they hastened away, and went to Lausanna. "On Thursday the 11th of August 1664, one Mons. Longeon of Lausanna brought me the sad news, that Mr. Lisle going that morning to hear the sermon in the church that stood near the town-gate, was shot dead by a person on foot, who had a companion waiting for him on horseback, with a led horse in his hand; which the murderer having mounted, and cried Vive le Roy, they immediately rode away together towards Morges. Soon after this barbarous murder was committed, we understood from Lausanna by the description of the persons, their cloaths and horses, that they were the same that had lodged at Vevay. They had continued for a week in Lausanna before they found an opportunity to put in execution their detestable plot, and had carried themselves with such indiscretion, that divers persons suspected them to have a design against the English. Of which Mr. Lisle being informed, he sent his landlord twice to try what he could draw from them. But they had so well contrived their story, that he could find no colour to remove them. Many persons upon suspicion of these fellows had desired Mr. Lisle to be upon his guard, and to forbear going to the church he used; because it lay so near the town-gate, that if any persons should make an attempt against him, they might with little difficulty escape by that way. Our countrymen also who were with him, performed the same office. But he would by no means hearken to their advice; saying, he was in the hands of God, and had committed himself entirely to his protection; adding to this answer, that my life was his defence, and that till our enemies had dispatched me, he assured himself they would not think of him. The villain that murdered him had waited his coming at a barber's shop, where he pretended to want something for his teeth; till seeing Mr. Lisle at a distance, he stept out of the shop, and as he came by, saluted him. Then following him into the church-yard, he drew a carabine from under his cloak, and shot him into the back. With the recoil of the piece the villain's hat was beaten off; and he himself falling over a piece of timber, dropped his gun, which he left behind him; and as soon as he had recovered himself, running to his companion who held the led horse, he mounted, and made his escape. Thus died John Lisle, esq. son to sir William Lisle of the Isle of Wight, a member of the great parliament, one of the council of state, commissioner of the great seal, and one of the assistants to the lord president in the said lord the king, within this kingdom of England to stir up and move, and the government of our said lord the king, within this kingdom of England to subvert, and our said lord the king from the title, honour and regal name of the imperial crown of this his kingdom of England to depose, cast down, and dehigh court of justice that was erected for the trial of the late king." ties of Kirk to the partisans of Monmouth, and Burnet, after mentioning the military cruelthe savage and shameless behaviour of Jeffreys, (for which, see vol. 9, pp. 936, 7.) writes thus those against Mrs. Gaunt. (See the next Case.) of the proceedings against lady Lisle, and "Two executions were of such an extraordinary nature, that they deserve a more particular recital. The king apprehended that many of the prisoners had got into London, and were concealed there. So he said, those who concealed them were the worst sort of traitors, who endeavoured to preserve such persons to a better time. He had likewise a great mind to find out any among the rich merchants, who might afford great composi tions to save their lives: For though there was much blood shed, there was little booty got to reward those who had served. Upon this the king declared, he would sooner pardon the rebels, than those who harboured them. He "There was in London one Gaunt, a woman that was an anabaptist, who spent a great part of her life in acts of charity, visiting the jails, and looking after the poor of what persuasion soever they were. One of the rebells found her out, and she harboured him in her house; and was looking for an occasion of sending him out of the kingdom. went about in the night, and came to hear what the king had said. So he, by an unheard of baseness, went and delivered himself, and accused her that harboured him. She was seized on, and tried. There was no witness to prove that she knew that the person she harboured was a rebel, but he himself: Her maid witnessed only, that he was entertained at her house. But though the cryme was her harbouring a traitor, and was proved only by this infamous witness, yet the judge charged the jury to bring her in guilty, pretending that the maid was a second witness, though she knew nothing of that which was the criminal part. She was condemned, and burnt, as the law directs in the case of women convict of treason. She died with a constancy, even to a chearfulness, that struck all that saw it. She said charity was a part of her religion, as well as faith: This at worst was the feeding an enemy: So she hoped she had her reward with him, for whose sake she did this service, how unworthy soever the person was, that made so ill a return for it: She rejoiced that God had honoured her to be the first that suffered by fire in this reign; and that her suffering was a prive, and our said sovereign lord the king to death and final destruction to bring and put, the 28th day of July, in the first year of the reign of our said sovereign lord James the Second by the grace of God of England, Scotland, France, and Ireland, king, defender of the faith, &c. at the parish of Ellingham martyrdom for that religion which was all love. Pen the Quaker told me, he saw her die. She laid the straw about her for burning her speedily; and behaved herself in such a nanner, that all the spectators melted in tears. Ralph, vol. 1, p. 889, seems to infer, from the goodness of Mrs. Lisle's defence, that the anecdote of her sleeping upon her trial is not true. The Proceedings in the West of England against the adherents of Monmouth, of which this Trial of Mrs. Lisle seems to have been rent historians with different degrees of circumthe commencement, are related by the diffe tern Martyrology" and the "Life of Jefferies." stantiality, and more particularly in the "WesThe friends of James have endeavoured to palliate his guilt in these transactions, but I think I have somewhere read, though I recollect not distinctly where, that Jefferies declared he had been reprehended by king James for not exer aforesaid, in the county aforesaid, well knowing one John Hicks, of Keinsham, in the county of Somerset, clerk, to be a false traitor, and as a false traitor traitorously to have conspired and imagined the death and destruction of our said lord the king, and war, rebellion and insurrection against our said lord the king, fury sent them out again. Yet they brought her in a second time not guilty. Then he seemed as in a transport of rage. He upon that threatened them with an attaint of jury. And they, overcome with fear, brought her in, "The other execution was of a woman of the third time, guilty. The king would shew greater quality: The lady Lisle. Her hus- no other favour but that he changed the senband had been a regicide, was one of Crom-tence from burning to beheading. She died well's lords, and was called the lord Lisle. He with great constancy of mind; and expressed went at the time of the restoration beyond a joy that she thus suffered for an act of chasea, and lived at Lausanne. But three des-rity and piety." perate Irishmen, hoping by such a service to make their fortunes, went thither, and killed him as he was going to church; and being well mounted and ill pursued got into France. His lady was known to be much affected with the king's death, and not easily reconciled to her husband for the share he had in it. She was a woman of great piety and charity. The night after the action, Hicks a violent preacher among the dissenters, and Neltharp; came to her house. She knew Hicks, and treated him civilly, not asking from whence they came. But Hicks told what brought them thither; for they had been with the duke of Monmouth. Upon which she went out of the room immediately, and ordered her chief servant to send an information concerning them to the next justice of peace, and in the mean while to suffer them to make their escape. But, before this could be done, a party came about the house, and took both them, and her for harbouring them. Jefferies resolved to make a sacrifice of her; and obtained of the king a promise that he would not pardon her. Which the king owned to the earl of Foyersham, when he, upon the offer of 1,000l. if he could obtain her pardon, went and begged it. So she was brought to her triall. No legal proof was brought, that she knew that they were rebels: The names of the persons found in her house were in no proclamation: So there was no notice given to beware of them. Jefferies affirmed to the jury upon his honour, that the persons had confessed that they had been with the duke of Monmouth. This was the turning a witness against her, after which he ought not to have judged in the matter. And, though it was insisted on, as a point of law, that till the persons found in her house were convicted, she could not be found guilty, yet Jefferies charged the jury in a most violent manner to bring her in guilty. All the audience was strangely affected with so unusual a behaviour in a judge. Only the person most concerned, the lady herself, who was then past seventy, was so little moved at it, that she fell asleep. The jury brought her in not guilty. But the judge in great cising still greater severity. And Oldmixon tells us, that Kirke being upbraided with his cruelty at this time, protested his commission went farther, and that he had put a restraint on the power and the instructions which were given him, vol. 1, p. 705. See also, to the like effect, Echard, Kennett, R. Coke, and Rapin. In what Macpherson calls, "The Life of James the Second written by himself. [as to which see, in this Collection, vol. 6, pp. 297, et seq.] it is noticed, that imprudent zeal or as some said avarice carried him [Jefferies] beyond the terms of moderation and mercy, and he drew great obloquy upon the king's clemency, not only in the number but in the manner, too, of several executions and in shewing mercy to so few, particularly to [such is the expression] an old gentlewoman one Mrs. Alice Lisle who was condemned and executed only for harbouring one Hick and Nelstrop both ill men enough indeed, and the latter in a proclama. tion; but as she pretended was ignorant of it, and therefore, perhaps, might suffer for a common act of hospitality; but this severity was contrary to the king's intentions.-The king questioned the Chief Justice, but he palliated his severities with the pretence of necessary justice, which the king knew not how to contradict, since he had the precaution not only to send four other judges as his assistants along with him, but Mr. Pollezfen likewise in quality within this kingdom of England traitorously to have levied and raised: Thou the said Alice Lisle afterwards, to wit, the same 28th day of July, in the first year of the reign of our said of his Solicitor; who being a known favourer of the presbyterian party he hoped would moderate the Chief Justice's heat. This made the king acquiesce in what had been done, though it was of great disservice to him at bottom. The cruelties of Kirke were still more inexcusable than the severities of Jefferies: he caused many to be hanged more out of a bloody disposition and to satisfy his own brutal passions, than love of justice or his master's service. It is not improbable, that he had it then in his view to draw an odium on the king." Vol. 1, p. 145. And sir John Dalrymple (Memoirs of Great Britain and Ireland, part 1, book 2, vol. 1, p. 82, 4to ed. of 1771) among other matter in extenuation of James's share in the cruelties of this horrible expedition, says, "It is certain that when lord keeper North made complaints of what Jefferies was doing, James gave orders to stop them" [the cruelties I suppose]: and for this he cites the Life of lord Guildford, or, as he calls him, North, p. 260. (Hume, too, on the same authority insinuates the same matter.) In that work R. North expresses himselfthus: "After he [the duke of Monmouth] was beaten at Sedgmore the lord chief justice Jefferies performed his memorable expedition in the West, armed not only with a commission of Oyer and Terminer but also an authority to command the forces in chief as general of the West, for so he was styled. Upon the news returned of his violent proceeding, his lordship [the lord keeper Guilford] saw the king would be a great sufferer thereby, and went directly to the king and moved him to put a stop to the fury which was in no respect for his service, but in many respects for the contrary. For though the executions were, by law, just, yet never were the deluded people all capitally punished; and it would be accounted a carnage, and not law, or justice; and, thereupon, orders went to mitigate the proceeding; but what effect followed, I know not. I am sure of his lordship's intercession to the king on this occasion, being told it, at the very time, by himself." Life of Lord Keeper Guilford, vol. 2, p. 200, 8vo ed. of 1808. But in this account there must, as it seems, be some mistake. It appears from North's own representation, that very shortly after the ac cession of king James, the Lord Keeper fell into the sickness, which terminated in his death, (vol. 2, p. 201,); that at the time of the Coronation (April 23d, 1685) he was so ill, that "his bearing the long fatigue of that ceremony and walk was really a wonder;" (p. 205,) that "in his state his lordship took a resolution to quit the great seal and went to my lord Rochester to intercede with his majesty to accept it," (p. 207); that "lord Rochester put him off, deairing his lordship might continue keeper and sovereign lord the king that now is, at the parish of Ellingham aforesaid, in the county aforesaid, the said John Hicks in thy dwelling-house, situate at the parish aforesaid, in be a screen to him in staving off the Popish work" (p. 207. 342); that the keeper persisted, and on June 11th, wrote to Rochester a letter, by means of which leave was obtained that the keeper might retire with the seal into the country, in the hope of recovering his health against the next winter; and that in consequence of this permission he went first to Astrop Wells, and from thence (after the doctors threw up as Roger North expresses it) to his house at Wroxton in Bedfordshire, where he continued in melancholy and fretful moriturity, till bis death in September* (pp. 207, et seq. 343). Now this account seems to be utterly inconsistent with what North relates of the lord keeper's going directly to the king and moving him to put a stop to the fury and violent proceedings of Jefferies. It appears that Jefferies first opened his commission at Winchester, where Mrs. Lisle was tried on the 27th of August; and I recollect not to have found any other person named as having been tried there upon that occasion. In the "Impartial History of the Life and Death of George lord Jefferies late lord chancellour of England," (which from the Dedication to Jefferies, and from the conclusion of the Life itself appears to have been written and probably first published while Jefferies was in the Tower,) only Mrs. Lisle's case is mentioned as having been tried at Winchester, and then it is said, "their other prisoners were carried to Salisbury; and this was the most remarkable thing at that assizes. From thence they set forward for Salisbury, where were many prisoners that had been picked up and down the country then in the gaol, the which with those to be carried to Dorchester, there not being evithat were brought from Winton were ordered dence enough to accomplish what was then designed by my lord." With this agrees Roger Coke, who mentions only Alicia Lisle as tried at Winchester, and then says "Jefferies and his brethren make haste to proceed in their commission, and from Winchester by Salisbury on the 3d of September arrive at Dorchester." Kennett, after relating the conviction and execution of Mrs. Lisle at Winchester, omits all mention of Salisbury, and merely says the judges went to Dortion. Oldmixon and Rapin are silent as to the chester, and with this agrees Echard's relasuccessive stations at which Jefferies and his associates executed their commission. Ralph says "at Winchester he opened his commission:" and (after relating with some circumstantiality the case of Alice Lisle, and *Collins says that Lord Keeper Guildford died on September 5th, |