and Gabriel Thomson to be taken to the Gallowlie betwixt Leith and Edinburgh this present afternoon, betwixt three and fyve a'clock,

tive to this Declaration, but what will come in next year, under the rigorous execution of those commissions and instructions, unless it be that, January 9, the Council impower the magistrates of burghs to tender the oath of abjuration to all concerned, conform to the proclamation.

"The last thing I promised in this section, was to give an account of the criminal prosecution before the justiciary, and public executions of some country people, who refused to disown this paper of the societies, about which so terrible a bustle was made. I shall first give an account of their process, from the Justiciary Registers, and then give some further hints of them from some other papers.

"December 8. George Jackson, Thomas Wood, Alexander Heriot, James Graham, and Thomas Robertson, and with them Patrick Cuningham, John Watt, James Kirkwood, Alexander Vallange, and James Glover, are indicted, That upon the 28th of October last bypast, they did emit a most barbarous and 'hellish proclamation, that they would begin ⚫ their assassination and war. Upon the 9th of • November, after the promulgation of this ⚫ villanous paper, and this paper having been posted upon the kirk-doors of Kilbride, Linlithgow, and other places, the pannels were taken, and at their examination, owned ilk one of them, or would not disown that paper upon oath, in so far as it declares war against the king, and that it is lawful to kill the king's ⚫officers of state, counsellers, justices, soldiers, or informers, or declare, if they had any hand in emitting of that paper. Wherethrough ilk "one of them are guilty of contriving, emitting, and publishing the foresaid treasonable Declaration, at least are adherers thereto, in re'fusing to disown and disclaim the same by oath, and ought to be punished with forfei⚫ture of life, land, and goods, to the terror of ' others.'

and ther to be hanged on a gibbet till they be dead, and all ther lands, heretages, goods and gear whatsomever, to be forfault and escheat to

that it is not lawful upon any pretext whatsomever to rebel against his majesty, or any in authority under him; and the diet is deserted as to him, simpliciter.

"The assize bring in the other four guilty, by their own confession. And the Lords sentence them to be taken to the Gallow-lee this day, December 9, 'twixt two and five in the afternoon, and hanged.

"Thus this matter stands in the Records. I have some other hints as to those good men, from other papers, which deserve a room here. George Jackson lived in the parish of Eastwood, and we have heard that this fervent zealous country-man was taken at Glasgow, being overheard praying in a house. A little after he was seized he was carried before the bishop, and by him examined upon several questions very captious. It may not be unfit to point at some of them, that the reader may have some further taste of the bloody and bitter temper of the prelates, and the methods they used.

"The bishop asked him, if he was at Bothwel-bridge. He answered, Yes. He was next asked if he was an officer, and said, No; for he was but sixteen years of age. The bishop then asked him, if he was at Bothwel rebellion. George answered, he allowed himself in no rebellion against God. The bishop asked, if it was rebellion against the king. The other said, he had answered that already. The bishop asked, if he would pray for the king. He answered, he reckoned it his duty for all within the election of grace. The bishop asked, is the king within the election of grace, or not. George answered, if you were such a man as you pretend to be, you would not ask me such a question. Then he was asked, if he owned authority. He answered, he owned the king and inferior magistrates, in as far as they were a terror to evil-doers, and a praise to them who do well. The bishop asked, are they not so. George answered, when the Lord Jesus shall sit Judge, they, and you, and the like of you, will count for it, whether you be or not. He was asked, if the bishop's death was murder; and answered, he was not conre-cerned with those matters. The bishop left him, with saying in a considerable heat, Sir, the boots will make you free in your answers.

"The five last named, as in presence of Almighty God, renounce and disclaim the principles above mentioned, at the bar, and their diet is deserted simpliciter. The diet against the other five is continued till to-morrow.

"December 9. The Lords find the libel levant, viz. That the pannels own, or refuse to disown the traiterous proclamation, whereby war is declared against his majesty, and asserting, that it is lawful to kill those imployed by his majesty, to infer the crime of treason, as art and part of the said treasonable paper, and reipit the same to an assize.

"The probation adduced by the advocate, is the pannels judicial confession in the court yesterday, whereby they refused to disown the said paper when read to them, to which the pannels adhered, and disowned the king's authority. Alexander Heriot disowns the proclamation, and at the bar acknowledges upon oath,

"All the last winter he was kept in the irons, without any fire; and May last he was carried into Edinburgh, where being called before a Committee of the council, he came in with a bible in his hand; perhaps he would not leave it in the iron-house, and had none to give it to till he came back. I would not notice this circumstance, were it not to discover the jeering scoffing temper of the persecutors. The advocate says when he came near, there comes he and his bible, let us see where the text is. George calmly answered, he was not a minis

our sovereign lord's use, which was pronunced for doom.

Fountainhall's account of the proceedings against these three persons is inserted in a Note, vol. 10, p. 846.

"Upon the 14th day of November, 1684, suffered John Watt, in the parish of Kilbride,

ter. Put up your bible, says the other, we are "not for preaching at this time. He answered, he was not come to preach, but since they insisted upon his bible's being in his hand, which was no crime, he wished they would make it the rule whereby he was to be judged; for they would ere long be judged by it. It was replied, he was now come to be judged, and not to judge them. And then the ordinary questions were put to him, which he answered r much the same way as above to the bishop.

"He continued in the irons till the bustle about the societies paper, and then was posed, if he owned that declaration. He answered, as far as was agreeable to the word of God; but he allowed of no murder. The council remit him to the Justiciary, where we have heard his sentence. He died in much comfort and serenity.

"Thomas Wood, we formerly heard, was taken after the rescue at Enterkin-path. I have before me his account of his examination under his own hand. November 12, when the managers are in a rage upon the societies declaration, he with others were called in, and had that paper read to them; and Thomas was asked what he had to say of it. He answered, he never heard of it till now, and could scarce understand it, the clerk read it so fast. He was asked, but do you adhere to it. He answered, as far as it is agreeable to the word, but no further. But, added they, the Covenants are in it, do you adhere to these. He answered, I do. And, after some questions, if he was at Bothwel, or Airs-moss, where he was not, he was dismissed.

"James Graham, taylor in the parish of Corsmichael in Galloway, when coming home from his work to his mother's house, he was overtaken in the high way by Claverhouse and a party of soldiers. They knew him not, and had nothing to lay to his charge, but searching him, and finding a bible in his pocket, they took it and his tools from him; and, without asking any more questions, no doubt reckoning him a disloyal person, carried him with them to Kirkcudbright. From thence they took him to Wigtoun and from thence to Dumfries, where he was some time in the irons, because he would not answer their interrogatories. He was in a little time taken in to Edinburgh, and questioned upon the declaration of the societies, and refusing to answer, was condemned, and died most comfortably.

"Thomas Robertson had fled out of the Gouth country, and lived some time at Newcastle; he was there imprisoned upon his re

and John Semple in the parish of Glassart; whose testimonies (if they be extant) came not to the hands of the publishers of this collection'; they died for their adherence to the same only it is certain from their indictments that truths, at the Gallowlee, which was in the twilight of the evening. While they were singing the 11th section of the cxix psalm, particularly these words in the 84th verse, How fusing to take the English oaths. By some means or other he got out of prison, and came to Edinburgh, where, at the general search November last, he was taken; and, when brought before the council, he was soon ensnared by their interrogatories, and remitted to the justiciary, where he was condemned with the rest. By his last speech he appears to have been a serious pious man.

"Thus we see, none of those persons were or could be concerned in the societies paper, they being in prison and else where at the time, and since: yet precisely upon their refusing to judge about it, and condemn it, they are sentenced, and die, to be a pattern to the soldiers in their more summar sentences up and down the country, or to satisfy the present rage the managers were in from the societies paper."

In the Cloud of Witnesses is given a fuller account (abstracted, as is there said, out of his own Letters) of the Interrogations of George Jackson,' as follows:

"At Glasgow after he was taken, and had been asked some few questions by them who apprehended him, he was brought before the bishop of Glasgow, who interrogate him thus: -Q. What now, Mr. Jackson? A. I was never a scholar.-Q. Can you read the bible? A. Yes.-Q. Was you at Bothwell-bridge? A. Yes.-Q. What arms had ye? A. A halbert staff.—Q. Was ye an officer? A. No, I was but sixteen years of age.-Q. Who was your captain? A. A young man.-Q. How called they him? A. I am not bound to give an account to you.-Q. Was you at Bothwell rebellion, or not? 4. I allow myself in no rebellion against God.-Q. Whether was it rebellion against the king, or not? A. I have answered that question already.-Q. Would you go to it again? A. The question is like yourself, I know not.-Q. Will ye say, God save the king? A. It is not in my power to save or condemn.-Q. Will ye pray for him? A. I will pray for all within the election of free grace. Whether is the king within the election or not? A. If you were the man you profess to be, you would not ask such a question at me; it belongs only to God.-Q. Do you own the authority as it is now established? 4. No, but I own all authority, so far as it is according to the written word of God.-Q. Do you own the king, and inferior magistrates? A. In so far as they are a terror to evil-doers, and a praise to them that do well. -Q. Are they not that? A. When the Lord

many are thy servant's days? when wilt thou execute just judgment on these wicked men that do me persecute?' The soldiers, made such a hellish noise, and turned back so upon the people that were spectators of the action, that the people verily conceived they should have been trodden down and massacred on the spot, which occasioned all to flee, so that none of their Christian friends durst stay to do the last duty to them, in dressing their dead bodies, but they were left to the insolent soldiers' disposal.

"A COPY of a LETTER, written by JOHN SEMPLE in Craigthorn, while in Prison. Directed to his Mother and Sister, who were then

in Prison.

"Loving Mother and Sister ;-This is to let

know, that that day which I was brought to the Tolbooth of Canongate, and we were put into the irons, and the shackles put upon our armes, and to-morrow about eleven o'clock, I was brought before the council, and they shewed me the paper which was found upo the crosses and kirk doors, and they asked if I knew it? I answered, what know I what is in that paper? The duke having it in his hand and the rest of the council bade him read it to me ; he read some lines of it, and then said to the rest, it would take a long time to read. They offered to give it to me to read, and promised me time to consider it, if I would give my judgment of it. A. I will not have it, neither will I be judge of papers.-Q. Own ye the king's authority, as it is now established? A. I own all authority, as is agreeable to the word of God.-Q. Will ye own this papreach, for I never could; but, Sir, this is the word of God, whereby I am come here to be judged, and I charge you, and not only you, but all of you, that as ye shall answer in our day before our Lord Jesus Christ, when he shall sit and judge betwixt the just and the unjust, that ye judge me by what is written is this holy bible; otherwise remember ye, and the rest of you, shall make account for it in that day, when our Lord shall sit as judge, and ye shall stand naked and bare before him; and if ye do it not, I shall be a witness against you, To this they returned, that he was come to be judged, not to judge. And after a while's silence, when he demanded who were his ac cusers, the advocate replied, I am your accuser; and interrogate him thus:-Q. Was you at Bothwel? A. I have answered that in my first examination.-Q. But, said the advocate, you must answer it now? 4. It being criminal by your law, you must prove it

Jesus Christ shall sit judge, they and you, and the like of you, will count for it, whether ye be or not.-Q. Is the bishop's death murder, or not? A. If your questions be upon these matters that I am not concerned with, I will keep silence. Then the bishop asked him concerning some papers that were found in the room where he was apprehended; he refused to answer any further anent them, having answered the same question in the guard to those who took him. Whereat the bishop enraged said, Sir, the boots will make you free. To which the said George replied, if my master think me worthy of them, I will get them, and if not, it is in his power to preserve me. Q. Will ye subscribe what ye have said ? A. No.-Q. Wherefore will ye not? 4. Because it is an acknowledgment of your unjust laws. After this he was transported from Glasgow to Evandale on the Lord's day. He relates in his letters, what sweet joy and consolation he had by the way. After his having Q. Do you hold these that were there as gone about the worship of God, in presence of rebels ? A. I allow myself to be among no rethe soldiers, who at first kept on their hats, but bels; but whom call you rebels? The adafterwards ere he had done, uncovered; in vocate said, these that are rebels to the king. came one Bonsay their commander, and said, George answered, if they be not rebels to God, prepare you for a bare horse back to-morrow, the matter is the less.-Q. Do you approve of and your head and feet shall be bound hard them? A. Yes, in as far as they were for and fast together. George answered, it is not Christ and his cause.-Q. Do you allow your, in your power to do it. Bonsay said, I will self to rise in arms against the king? A. No. let you know it shall be in my power, and of--Q. Wherefore then did ye rise in arms? fered him the king's health: he refused saying, I am not dry to drink healths, especially on the Lord's night. To-morrow when they were set on horseback, Bonsay caused sound a trumpet, holding it to George's ear, and said, sound him to hell; at which the martyr smiled. So they came to Edinburgh upon the 13th of May, 1684. Being called before a committee of the council, he came with his bible in his hand. The advocate jeeringly said, there's him and his bible; come away, let us see where the text is. George answered, 1 was never a seeker out of texts; that is the proper work of a minister. Then the advocate said, put up your bible, for we are not for preaching at this time. He answered, I am not come to

A. I have warrant in the word of God to rise

in arms in defence of the gospel, and work of reformation, according to our solemn engagements, wherein we are sworn to uphold and defend to the utmost of our power the work of reformation.-Q. What are ye engaged to be against your king? 4. You heard not me say that, but I said I am for the king and all authority, as far as they are for the work of God, but no further.-Q. Do you own the present authority? A. I own no unlawful authority,

Q. Will you take the bond of regulation, and you shall win your way? A. I will have nothing to do with you or your bonds either. Being desired to subscribe what they had wrote down as his confession, he refused."

"Now, I desire that I could bless the Lord for this, that he kept me, for in the time of the torture I spake not a good word or bad, but got it borne, until I fell into a swoon. All their countenances dashed me nothing; for I "No more at present, but wisheth that the did not fear their faces, nor the faces of hun Lord's presence may be with you, my dear dreds who were gazing upon me, from about mother and sisters. I am in good health, eleven o'clock, till seven o'clock in the after- blessed be God; my thumbs, they are not noon. And I thought that that was a sign of very sore, only they are something feelless; God's presence; but the shining of his coun-I and others thought, they should scarcely tenance was not with my spirit. But I was have ever served me at least for a long time. helped to believe and hold fast; for I knew not JOHN SEMPLE.” Cloud of Witnesses, p. 280.

344. Proceedings against DENHOLME of Westshiels, and others, for Treason and Reset of Traitors: 1 JAMES II. A. D. 1685. [Now first printed from the Records of Justiciary at Edin burgh.*]

CURIA JUSTICIARII, S. D. N. Regis, tenta in bellion, till the last justice Ayre, the persons pretorio Burgi de Edinburgh, decimo after named, notour and manifest rebells and sexto die mensis Julii, anno millesimo traitors, viz. Gilbert Gray, in Muirhall, Alex sexcentesimo octuagesimo quinto, per no ander Gray his sone, Robert Brown ther, John bilem et potentem Comitem Georgium Marshall of Killsyth, James Coupar in WestComitem de Linlithgow, Justiciarium Ge- sheills, John Meek in Hinselwood, and William neralem, et Honorabiles viros Dominos Vansie, who was a captain to the rebells, and Jacobum Foulis, de Collingtoun, Justi- sicklyke in the moneths of July, August, and ciariæ Clericum, Johannem Lockhart de September 1682, did treasonablie converse, inCastlehill, Alexandrum Seton de Pitmed-tercomon, correspond with, and do favours to den, et Patricium Lyon de Carss, Commissionarios Justiciariæ S. D. N. Regis.

Curia legitime affirmata.

merchant, in Edinburgh, his wyff, ten pound sterling upon the said traitor his bill and order.

Mr. John Cunninghame, somtyme of Bedland, a forfault and declaired traitor and rebell, seat letters to and receaved answers from him, and did send money and supplie to, and answered THE said day anent the criminal action and bills and payed money for, the said forfault process of treason first intended and persewed traitor severall tymes, and to severall persons, before the estates of parliament, and now insist-particularlie payed to Mr. Robert Blackwood, ed in before the Lords Justice Generall, Justice Clerk and Commissioners of Justiciary, at the instance of sir George Mackenzie, of Rose- And the said James Stewart, being the sene haugh, his majestie's advocat for his highnes of a traiterous and rebellious father, he himself interest, against William Denholme, of West- no sooner appeired in the world, then he made shiells, James Stewart, son to sir James it his great endeavour to oppose his majesties Stewart, sometyme provost of Edinburgh, and authoritie, disturb his government and by his Mr. Gilbert Eliot, wryter, in Edinburgh, mak-wryting and practices to sow the seeds and and mention that wher be the laws and acts of bring furth the fruits of treasons and rebellion, parliament of this kingdome, and constant prac- and being severall tymes delated and accused tice thereof, the crymes of treason, rebellion, for these practices, he fled and absented him harbouring, recepting, conversing, and inter- self to England, Holland, and other places, and comoning with, or doing favours to, rebells or ther lurked till his majesty issued furth his traitors, are punishable with forfaulture of lyfe, acts of grace and indemnity, and then he relands and goods; Neverthelesse it is of veritie, turned and sett about his treasonable practices, that the saids William Denholme, of West- and most perfidiouslie and disloyallie dared and shiells, James Stewart, and Mr. Gilbert Eliot, presumed to wreit and speak and against his shacking off all fear of God, respect and regard majesties royall person, dignitie and authority to his majestie's authoritie and laws, have pre- and against his laws, and the just procedor of sumed to committ and are guilty of the saids his judicatories, particularlie did wreitt and crymes in sua far as the said William Den- draw a Representation of the late earle of Ar holme did most treasonable outhound to the re-gyle's Case which paper was designed to have bellion 1679, and therefter recept and harboured† on his ground and lands, from the said re

See 1 Fountainhall's Decisions, 366. 2 Wodrow's History of the Sufferings of the Church of Scotland, 298. 492; and sir Patrick Hume's Narrative subjoined to Mr. Rose's Observations on Mr. Fox's Historical Work. See, also, the Examinations inserted in the Introduction to the Trials for the Rye-House Plot, vo! 9, p. 357, and the Scots Cases in vol. 10, of this Collection.

As to Recept or Reset of Rebels, see in this Collection, vol. 10, p. 1049.

Wodrow, vol. 2, p. 241, mentions another disgusting and shocking instance of the extent to which the prohibition of reset was practised:

"In the parish of Saint Mungo," says he, "there was a boy not above sixteen years of age cited to one of the Courts for not keeping the church, and his age made him free of any other thing. When he did not compear, cornet Graham sent a party of soldiers to quarter upon his father, who was regular enough. Mean while the father was cited to the court next meeting, where the cornet required a bond of him never to reset, converse with, countenance, or any way supply his own son."

Wodrow thus mentions some particulars of what had previously befallen Mr. Stuart and sir Patrick Hume:.

"1675. Two other worthy gentlemen were attacked this year, though upon reasons differ