finds the pannall's presence and accessione in sevine years, married, purged and sworne, | sir Patrick Nishet, of Dean, ther Chancellor, depons that on Munday last, in the forenoone, he sawe the pannall, David Mowbray, present in the tumult in the head of the Cannogate, when the Baxter was rescued; and he heard the pannall say that he would owne the trads; depons the Baxter was rescued from the towne officers, and the officers throwen to the ground by the persons in the tumult; and this is the truth as he shall answer to God. JOHN THOMSONE. Sic Subscribitur, James Young, servitor to John Bleckie, shoe maker, in Edinburgh, aged twentie years or therby, unmarried, purged and sworne, depons that on Munday last he was present himself at the tumult in the heade of the Cannogaite, wher the Baxter was rescued, and sawe the pannall David Mowbray ther, and sawe him enter amongst the rest of the tumult, and efter the Baxter was rescued he sawe the pannall, David Mowbray, take the Baxter be the hand and bid him goe away, and this is the truth as he shall answer to God; depons he cannot wreit. Sic Subscribitur, The Lords Justice General, Justice Clerk and Commissioners of Justiciary, haveing considered the said Verdict of Assyse, they therfor, be the mouth of John Leslie dempster off court, decerne, and adjudge the said David Mowbray to be taken to the marcat croce of Edinburgh upon Wednesday nixt, the tenth off February, instant, betwixt two and four a clock in the efternoon, and ther to be hanged on a gibbet till he be dead, and all his moveable goods and gear whatsomever to be escheatt and inbrought to his majesties use. Which is pronounced for Doom. "It appears that the privy-council granted the prisoner a reprieve till a short day. WheSic Subscribitur, LINLITHGOW, I. P. D. ther he got any farther respite, or was then His Majesties Advocat protests for an Assyse hanged is uncertain, as the Records of Privy Council for A. D. 1686, are missing." Arnot's Collection and Abridgement of Celebrated of Error. The Assyse all in voice, by the mouth of Criminal Trials, p. 42. 346. Trial of ALEXANDER KEITH,* for Sedition, Mutiny, and Tumult, in Burgh: 2 JAMES II. (of England) A. D. 1686. [Now first printed from the Records of Justiciary at Edinburgh.] CURIA JUSTICIARIE, S. D. N. Regis tenta in Curia legittime affirmata. Alexander Keith, prisoner. See the preceding Case. severallie punished with the paines off treasone, and at least capitallie, and with the paine off death, and in speciall be the aughtieth third act off queen Mary's nynth parliament intituled Anent the stenshing off tumults within burgh, it is statute, that none off her majestie's subjects presume, pretend or take upon hand, to make any privat conventions or assemblies within burgh, cloath themselves with weapons in tyme heireafter without the speciall licence off her majestie and magistrats within burgh, wher such uproares and tumults chanceth to be, under the paine off death: And be the seveinteenth act and aughteinth parliament off king James the sixt, all and whatsomever acts made be his majestie and his royall progenitors and the estaits off the realme for stayeing off tumults and unlawfull meetings and conventions within burgh, ar ratified and approven, and ordaines to be put to executione against the contraveeners theroff in all poynts with this additione, that no person or persons within burgh of whatsomever rank, qualitie or conditione they be off, presume or take upon hand under whatsomever collar or pretext to convocat 'or assemble themselves together at any occasione, except they make dew intimatione off the lawfull causs off ther meetings to the provist baizlies off that burgh and obtaine ther licence therto, and that nothing be done or attempted aryved to that hight off seditione and rebellione, by them in their saids meetings which may that his exellencie his majesties generall of his tend to the derogatione or violatione off the acts forces haveing apoynted the guards off the off parliament lawes and constitutiones made citie to be asistant to the Lord Provost and for the well and quyet off the saids burghs, de- magistrates off the burgh, in dissipateing and clareing the said unlawfull meetings and the per- queyeting off the said tumult and uproar, and sons present therat, to be factious and seditious, his excellencie being present himself with the and all proceedings therin to be null and off nowe Lord Provist and other magistrates, and seavaill, and the saids persons to be punished in verall officers off his majestie's forces, they did ther bodies, goods and gear, with all rigour resist and withstand, and with stops and other conforme to the lawes off this realme; Lykas | materialls, and weapons, did wound severall off by the fifth act first sessione first parliament his majestie's good subjects, continewed ther off king Charles the second, it is declared, That insolence and tumults, and advanced and gait is and shall be high treasone to the subjects thered together in severall other pairts off the of this his realme, or any number of them, Citie, invadeing and setting upon his majesmore or lesse, upon any collour or pretext tie's subjects and souldiers, and committing all whatsomever to ryse in armes without his ma acts off furie and violence, untill they were jesties special authoritie and approbatione, overpowered and disipate by his majestie's first interponed therto as in the saids lawes and forces; Dureing the which tumult and uproar, acts of parliament at more length is contained: the said Alexander Keith, fencing master, Neverthelesse it is of veritie that the said Alex-with severall others tradsmen, prentises or the ander Keith shackeing off all fear off God, re- lyke, to the number off eighteen or therby, did gaird and conscience off his duty, alleadgance most unwarrautablie and treasonablie convocat and respect to his majestie and his authority, and assemble themselves together in a cellar hes presumed to violate and conterveen the posest be Margrat Angus, on the south syde of saids laws and acts off parliament, and to com- the high street off Edinburgh, at Grayes close mitt the forsaids hynous crymes thereby pro- head, pertaineing to widdow Girdwood, and hibit, in sua farr as upon the last day off Ja- ther most treasonablie discoursed and talked nuary last 1686 yeares, a most seditious and of the said tumult and uproar, and the persons numerous conventione and ryseing off com- present therat, and drank severall healths to mons and unlawful convocations, and a the confusione off the Papists, a health to the privie tumultuous conventione assemblie and colliginers, and a health to the trades; and the uproar was made and raised within the Can- said Alexander Keith avowed and said, that be nogate, and his majesties citie of Edin- and the trads lads should be avenged on the burgh, and about three or four a clock in toune guaird, and particularlie upon the efternoon a most seditious and untymous Johnstoune, sone to the deceast Major Johnconvocatione and unwarrantable ryseing was stoune, who offred to beat them if they would made and conveened in the Cannogaite, and a not goe off the streets the tyme of the tumult, great many of the rable and rascallitie off the consulted, advysed and determined to ryse, people did ryse, conveen, convocat and assem- concurr with, and aid any persons that should ble together, without command off the head therefter ryse in tumults or uproars, within the officer, magistrate or commander of the place, citie off Edinburgh or suburbs theroff, and paror without any other lawfoll warrand, armed ticularlie the said Alexander Keith did begine with swords, durks, pistolls, staves, or any the forsaid healths, and ther it was publictlie other invasive armes, and did presume, in a talked that ther would be a great tumult in the most bold and rebellious maner, to come and toune, and that it was fit for as many armes as appear in the high and most publict place of the they could, and being of severall bodies and high street of the Cannogaite, wherfor a long incorporations, they did all undertake to speake tyme the said tumult and uproar did continue those, and that it was fitt in the first place to with great cryes, outrageous speeches, threat- rescue two lads that wer taken in the tumult; tenings and menaces, and all the circumstances and the said Alexander Keith declared, that off insolence which are incident to popular tu- he would help them in rescueing of these two mults and furie, invadit, assaulted and sett upon lads and raiseing the tumult, and they did reseverall off his majestie's good subjects, beatte solve that they would goe to the towns guaird, and woundit them, robbed and rifled them off commandit by captaine Grahame, and maister ther cloathes, draged them throw the streets, them, and take ther armes from them, and that threw stones at them, and committed all acts they would gett assistance from the countrey, off indignitie, violence and furie in high and and would pull downe the papists houses and manifest contempt of his majesties authoritie stopt ther meetings. Wherthrowe you the and lawes; And not being satisfied therewith, said Alexander Keith ar guilty off sedition, they in a most seditious and tumultuary maner mutinie, conversatione, ryseing in tumult, and came up the streets off Edinburgh, in a full uproares, within burgh, conventions and asbodie, entred within the Netherbow, his majes-semblies, unlawfull meetings and convocations, ties said ancient citie, assaulted the houses off several off his majesties good subjects, and with barrs of iron and other instruments, endeavoured to brake open ther doores, and and the other crymes above specified, or ane or other of thein, and was actor at least airt and pairt of the samen, and has incurred the paines off treasone, at least the paine of death, and heirefter. Persewer-His Majestie's Advocat. His Majestie's Advocat produced ane act and warrapd off his majestie's privie council for persewing off the said Alexander Keith, whereof the tenor follows: losse off lyfe and moveables, and same ought|ber of seventein or aughteine, or therby, wher to be execut and inflicted upon you to the terror it was publicly talked amongst them, that ther and example off others to committ the lyke would be a great tumult in the toune, and that it was fitt for every persone to gett as many armes as they could, and they being of severalt bodies and incorporations, they did all undertake to speake to those off ther owne incorporations, and that it was fitt in the first place to rescue two lads that wer taken prisoners; depons that the pannall, Alexander Keith, was present at the said meeting, and that the healths off the severall trads and colliginers was drunken, and the pannall began the healths, and said he would doe his endeavour in rescueing these lads and raiseing the tumult, and that it was resolved that they would goe to Grahames guard and maister them, and take ther armes from them, and that they would gett assistance from the countrey, and would pull downe the Papists houses, and stopt ther meetings. Causa scientia he was present, and heard and sawe what he has deponed, and this is the truth as he shall answer to God; depons he cannot wreitt. The Lords off his majestie's privy council doe heirby give order and warrand to his majestie's advocat to persew a process at his instance befor the Lords Justice Generall, Justice Clerk and remanent Lords Commissioners off Justiciary, against Alexander Keith, fenceing maister, prisoner in the Tolbuith off Edinburgh, for his accessione in the late tumult, within the towne off Edinburgh, and to precognosse witness against him therfor, or any other crymes that is to be lybelled against him. Extracted by me-Signed WM. PATERSON. Cl. S. Con. His Majestie's Advocat declaires, that he restricts the lybell to the meeting at the cellar, and his being present, and concurreing with his accomplices at the discourse that was ther, concerning the designe off ryseing in armes, and the falling upon captaine Gram's guairds, and aproveing off the tumult in maner mentioned in the dittay, and that the same inferre the loss of lyfe and moveables, allenarlie. The Lord Justice General!, Justice Clerk, and Commissioners of Justiciary, haveing considered the lybell with his majestie's Advocats restrictione, they find the samen and airt and pairt theroff, as its restricted, relivant, and remits the samen to the knowledge of ane Assyse. Sic Subscribitur, LINLITHGOW, I. P. D. John Pulling, servitor to John Simpsone, gunsmith, burges off Edinburgh, aged nynteine years or therby, unmaried, purged and sworne, depons that on Sundayes night, the first night off the tumult, he was present at the meeting in Margrat Angus cellar, and that the pannall, Alexander Keith, was ther present, and that it was discoursed amongst them, that there would be a great tumult in the towne, and that it was fitt for every persone to have armes, and that evry man should speake to his neighbours to provyde armes, and that two lads being falslie taken prisoners in the tumult as suffered to be into that conditione, wherupon they alleadged, it was fitt they should not be severall healthes was begune and drunken, viz. a health to the trads, a health to the colliginers, and a health to the confussione off all Papists, and that Alexander Keith, the pannall, begane some off them; depones it was resolved to goe to Grahames guaird, and take ther armes from them. Causa scientia he was present, and this is the truth as he shall answer to God. Gilbert Hay, student in the colledge off Edinburgh, aged nynteen years or therby, unmarried, purged and sworne, depons he was The Assyse lawfullie sworne, no objection off present in Margrat Angus cellar, and saw the the law in the contrair. His Majestie's Advocat for probation, aduced the witnesses, efter deponeing, they ar to say Joseph Kerr, servitor to Patrick Drysdaill, blacksmith, in Edinburgh, aged twentie years, unmarried, purged and sworne, depons that upon the threthieth one of January last, being Sundays night, the first night of the tumult, ther was a meeting of trads prentises, and others, in Margaret Angus cellar, to the num pannall, Alexander Keith, ther, and that ther Sic Subscribitur, GILBERT HAY. Sic Subscribitur, GABRIEL WILSONE. The said Gabriell Wilsone farder depons, that at the said meeting, he heard one say that ther wer many well-wishers to the trads, to whom the pannall, Alexander Keith, said, they needed not to fear that; depons he heard one say to the pannall, were I as weell fenced as ye, I would not fear to fight with captaine Grahame and all his men; and that the same man sayed, that they should be better prepared for captaine Grahame and his company against the nixt night; and that Alexander Keith should have been with them all the tyme, and that one off them said he hade two pistolls, and that he should have them against the nixt night readie, and that the pannall, Alexander Keith, was present at the tyme, and this is the truth as he shall answer to God; depons it was Kerr, the smith, that spoke so. Sic Subscribitur, GABRIELL WILSONE. His Majestie's Advocat protests for ane Assyse of Error.* The whole Assyse, all in one voice, be the mouth of William Raite, chancellour, finds the pannall, Alexander Keith, guilty and culpable off being present at the seditious assemblie or meeting mentioned in his dittay, and of his joyneing with his accomplices in his lawfull resolutiones and order to a tumult, and ing, in respect they find the same sufficienthe ar airt and part off the samen seditions meetprovine by the witnesses depositions. Sic Subscribitur, WM. RAITE, Chancelloar. Efter opening and reading off the whilk Verdict of Assyse, The Lords Justice Generall, Justice Clerk, and Commissioners of Justiciary, be the month off John Leslie, dempster of court, decerned the said Alexander Keith, to be taken to the Marcat Croce off Edinburgh, upon Friday the fyfth day of March nixt to come, betwixt two and four o'clock in the efternoone, and ther to be hanged on a gibbet ther untill he be dead, and all his moveable goods and gear to be escheat and inbrought to his majestie's use. Which was pronounced for doome. *See p. 75, of this volume. 347. Proceedings against JAMES sometime Duke of BucCLEUGH (and MONMOUTH), Sir JAMES DALRYMPLE of Stair, ANDREW FLETCHER of Saltoun, and others, for High Treason and Rebellion: 1 & 2 JAMES II. (of England) A. D. 1685, 1686. [Now first printed from the Records of Justiciary in Edinburgh.] CURIA JUSTICIARIA, S. D. N. Regis tenta in Pretorio Burgi de Edinburgh, viginti primo die mensis Decembris, 1685, per nobilem et potentem Comitem Georgium Comitem de Linlithgow, et Honorabiles viros Jacobum Foulis de Collintoune, Justiciarii Clericum, Joanem Lockhart de Castlehill, Davidem Balfour de Forret, Rogerum Hog de Harcarss, Alexanderum Seattoune de Pitmedden, Patricium Lyone de Carss, Commissionarios Justiciariee dicti S. D. N. Regis. Curia legittime affirmata. THE said day anent the criminal letters raisit at the instance off sir George M'Kenzie of *The following passages in Fountainhall relate to this Case, and to the Proceedings against the persons who, in Scotland, cooperated with Monmouth: "April 28, 1685. The Privy Council made an act for putting the whole kingdom in a posture of defence against the enemies of the king Rosehaugh, our soveraigne lord's advocat, for his highnes interest, against the deceast James Scot, sometyme duke off Buckleugh, and Anna dutches off Buckleugh, his relict, Henry and James Scots ther children, and sir James Dalrymple off Stairs, and Andrew Fletcher off Saltoune, for the crymes off high treasone and rebellion, and others at length mentioned in ther dittay; makeand mentione, That wher be the common lawe and laws and acts of parliament of this his majesties kingdome and constant practice therof; particularlie be the third aet first parliament, and the threttieth seventh act second parliament, of king James the first, and be the fourteinth act sixt parliament and fourtie nynth act twelt parliament, king James the and government. The occasion of it was, some skippers had come from Montrose aud Borrowstounness, and deponed that they being lately at Rotterdam, they heard a report of Scots ships being freighted for Scotland, loaded with arms and ammunition, and that the Scots ministers there prayed for the good success of second, nyntie sevent act seventh parliament, k.ng James the fyfth, and hundreth and fourtie fourt act twelvt parliament, king James the sixt, and fyft act first session first parliament, their navy employed in the cause of God. This was conjectured to be Monmouth, Argyle, lord Gray, and that desperate party, who were now driven to their wits end, and as the last effort, would attempt something by landing here. Some concluded it to be a mistake, arising from this ground, that the Dutch commonly hire stranger bottoms to carry arms and powder, which they privily send to Barbary, and sell to the Turks at a good rate. But it proved no mistake. "May 7, 1685 At Privy Council, all the vassals and fenars of Argyleshire having been cited on the noise of Argyle's being at sea, and designing to land; there compeared above 160 of them, and the Council retained about 16 of the greatest as pledges; and in regard the rest of them could not find low-land nor burgess caution for their peaceableness, they remitted them home to my lord Athole's depute, to take such caution of them as they could find. king Charles the second, the crymes of treason and rebellion, and the ryseing and joyning in armes against his majestie and his authority, and the abaitteing, assisting, recepting, inter "On the 18th of May, Argyle's printed manifesto, and declaration of his intentions, came to the Privy Council, with the summons he had sent to his vassals and people, to come in and assist him. And accordingly sir Duncan Campbell of Auchinbreck, with 200 men, went to him, under the pretence he was bound by his charter to assist him; which cannot oblige him against the king, nor defend him for treason. And on the 19th, not only the heritors above 100%. Scots valuation, (as was ordered by the proclamation of the 11th of May) but all heritors, though within it, are commanded to go out with the king's standard and royal army, on horse or foot as they can; and the said beritors under 16 or past 60, though exeemed in person, yet are allowed to send out one well appointed and armed. him. June 3, 1685. The marquis of Athole, commander of the highland forces at Inverary, against Argyle, by warrant from the king's council, emitted a proclamation offering an in"May 11, 1685. The Privy Council, on demnity to all the common soldiers who had the news of Monmouth, Argyle, Gray, &c. be-joined with Argyle, provided they laid down ing at sea, and designing to land, commanded their arms, and deserted his service; but this all the heritors of Scotland to be in readiness to did not extend to the heritors and gentry with wait on the king's host, with 20 days provision, and well armed, on 24 hours advertisement, whenever called; and the militia regiments were ordained to rendezvous on the 19th of May: Which, because it was the very day whereon the English parliament was to sit down, some conjectured this preparation was all but a sham to boast them; but it proved otherwise; For, on the 14th of May, an express came from the bishop of Orkney, at Kirkwall, that Argyle had touched there with three ships, which put all in great consternation. "The news of Argyle's being on the coast, moved our statesmen to send for the prisoners Jying at Glasgow, and other western places, where it was suspected he would land, (as he did at Dunstaffnage). And on the 17th of May there came in near 100 men and women prisoners, who were suspected for conventicles, &c. and they are either to be delivered to Pitlochie, to carry to the plantations in America, or be sent north to Dunnotar Castle, (which the king was buying from the earl of Marshall, to be a royal prison like the Bass) to be kept closs there. | "June 6, 1685. The two prisoners taken in Orkney, viz. Mr. William Spence, and Mr. Blackater, arrived at Edinburgh: and the next day, being Sunday, there was a great fray and stir in Edinburgh, on the apprehension that Argyle being forced to leave the sea by the king's men of war, who were come up, he had landed in Cowel, and aimed to surprise Stirling; whereupon the militia regiment of Edinburgh was instantly appointed to march away to Stirling. "June 9, 1685. The duke of Monmouth is, by a proclamation at the market-cross of Edinburgh, cited to appear at the Criminal Court on sixty days, to answer an indictment of high treason. It inust be for erimes posterior to his remission from the last king, in December, 1683; and the fee of Buccleugh it was thought could not be forfeited for his fault, his lady and children standing in the right of it, and he had only a liferent out of it.-Monmouth's landing in England was not at this time come to our ears. "By order of the Privy Council, the signal of the tiery cross is sent through the west of "The countess of Argyle was the same day Fife and Kinross, as nearer to Stirling, that all secured in the castle of Edinburgh, and Mr.betwixt 60 and 16 years may rise and oppose James, one of his sons, with lady Sophia Lind- Argyle and his forces. say, her daughter by Balcarhouse, because by her means Argyle had formerly escaped; and his brother lord Niell were contined: all which was done that they might not join with him. Sundry burgesses of Edinburgh are also secured, as James Row and Hary Fletcher, Salton's brother. VOL. XI. June 19, 1685. News came to Edinburgh, that the earl of Argyle was taken prisoner. They were resolved to have regimented and armed the College of Justice; but this put a stop to it, as no more necessary. And, upon the 20th of June, Argyle is brought in captive to Edinburgh Castle. |