341. Proceedings against THOMAS ARCHER, ALEXANDER SHEILS, and others, for Treason, A. D. 1685. [Now first published from 342. Proceedings against SEVERAL PERSONS OF GALLOWAY, for Treason, A. D. 1682. [Now first printed from the Records of Jus- 343. Proceedings against JOHN SEMPLE, JOHN WATT, and GA- BRIEL THOMPSON, for Treason, A. D. 1684. [Now first pub- lished from the Records of Justiciary at Edinburgh] [N.]......... 950 344. Proceedings against DENHOLME of Westshiels, and others, for Treason and Reset of Traitors, A. D. 1685. [Now first printed from the Records of Justiciary at Edinburgh] [N.].................. 987 345. Trial of DAVID MOWBRAY, for a Tumult within Burgh, a. d. 1686. [Now first printed from the Records of Justiciary at Edin- 346. Trial of ALEXANDER KEITH, for Sedition, Mutiny, and Tumult, in Burgh, A. D. 1686. [Now first printed from the Records of 347. Proceedings against JAMES sometime Duke of BUCCLEUGH (and MONMOUTH), Sir JAMES DALRYMPLE of STAIR, AN- DREW FLETCHER of Saltoun, and others, for High Treason $48. Proceedings against GILBERT BURNET, D. D. afterwards Bishop of Salisbury, for High Treason, A. D. 1687 [N.] 349. Proceedings against Dr. HENRY COMPTON, Lord Bishop of London, in the Council-Chamber at Whitehall, by the Lords Com- missioners appointed by his Majesty to inspect Ecclesiastical Affairs, for not suspending Dr. John Sharp, Rector of St. Giles's, 351. Proceedings against Mr. JOHN PEACHELL, Vice-Chancellor, and the UNIVERSITY OF CAMBRIDGE, for not admitting Alban Francis, a Benedictine Monk, to the Degree of Master of Arts, 352. The Proceedings against Mr. SAMUEL JOHNSON, who was tried at the King's-Bench Bar, Westminster, for High Misdemeanors (and found guilty of writing and publishing two seditious and scandalous Libels against the Government) A. D. 1686............... 1339 353. The Case of WILLIAM Earl of DEVONSHIRE, on an Information in the King's Bench, for assaulting Colonel Culpepper in the 354. The Trial of PHILIP STANDSFIELD, Son to Sir James Standsfield, of New-Milns in Scotland, for High Treason, the Murder of his COBBETT'S COMPLETE COLLECTION OF State Trials. 325. Proceedings against HERITORS OF THE SHIRE OF FIFE, for Absence from the King's Host: 32 CHARLES II. A.D. 1680.. [Now first printed from the Records of Justiciary in Edin Mr. Alexander Nairne, of Litlefreirtoun. Sir John Henryson, of Fordell. Robert Cunninghame, of Woodfeild. Henry Shanks Portioner, of Kinghorn. Mr. John Mitchell, of Babardie. Mr. Charles Wardlawe, of Logie. INDYTED and accused, That wher, notwithstanding be the lawes and acts of parliaments of this kingdome and constant practque therof, the remaining and abyding frae his * Wodrow does not particularise this Pro-hundred and fifty years, they were put in exesecution. However what he says of the proceedings in general against the Absents from the King's Host, is worth insertion: "We have several old laws in Scotland made in the time of our feuds, and almost continual differences among families and clans, and when our kings lived in this kingdom, which do make the not coming out when called to the king's host, a great crime, and ad terrorem severe punishments are by these laws knit to it; but I question, if for these hundred, or VOL. XI. cution, till now they are advanced as an handle against a great many persons, who from dif ferent reasons came not out against the West country army. "Matters were laid last year for this prosecution; and, of design, I left them to this place, and so we must look back a little. After the rising at Pentland, little or no stir was made about beritors non-attendance upon the army; but now our managers resolve upon severer courses; and when they find that B T inforce the king against nottor rebells againest his person, when they be requyred be the king and commandit, they shall be chalenged be the king as favourers of sick rebellers; and be the offenders have been punished by forfeitures, confiscations, and banishment. These our resolutions, though taken and formed after much serious debate, are subjected, with all dutiful respect to his majesty's royal consideration, by "Your grace's most humble Servant, "ROTHES, Cancel. I. P. D." "The motions for this heavy oppression of multitudes, we see, came from Edinburgh, and I find a letter from the king upon this subwere fallen in with at London. Accordingly, ject, recorded in the justiciary-registers, of the "C. R. "Whitehall, Nov. 18, 1679. "Whereas, albeit by express law, the de majestie's host and royall standart be hye crymes and severlie punishable; and be the 4th Act, 1st Parliament king James 1, it is statut and ordained, that if any disobeys to what was to arise from the estates of such as had been personally concerned in the rising, would not answer their expectations, a more general oppression of gentlemen and heritors is resolved upon. It was presumed, that such who did not heartily join the army, were well affected to Presbyterians, and no opportunity of bringing such to trouble was left, especially when it was like to bring in large sums of money. Thus I find by the council-registers, November 6, That, at the desire of the lords of justiciary, a committee is named to meet with them, the chancellor, earls of Argyle, Murray, Glencairn, the president, treasurer 'depute, register, and advocate, and consider what shall be the punishment of absents from the king's host. November 8. Their opinionserters from our host be punishable by death, is reported, that the heritors and freeholders yet we are graciously pleased hereby to allow guilty, should be fined; the most guilty not you to proceed against them in the same way, above two years valued rent, and the least in and to the same pains and punishments as you a fourth part of their rent: that those who are resolved to proceed against the guiltiest of are fined in the least degree, be appointed to such as did not come to our host: for doing take the oath of allegiance and declaration, whereof this shall be your warrant. and, if they refuse, that they be fined in the 'highest rank.' The council approve this report. Thus no small persecution for conscience sake, is mixed with this civil kind of crime. Those proposals are transmitted in a letter to Lawderdale, dated, 66 Edinburgh, November 11, 1679. "May it please your grace; "The just abhorrence we have of the last rebellion, and the too just fears that the same principles may occasion the same distempers, do oblige us to inform his majesty by your grace, that if these who went not to assist his majesty against these rebels, or deserted the king's host, be not punished, we cannot promise his majesty will have any proportional force against any future insurrections, since we find, by our great experience, that these who were at daily expence and hazard in that expedition, are much discouraged, when they ee others who stayed at home, or deserted, uffer nothing; and that such as stayed at home, from a principle of unkindness to his majesty's government, do treat the dutifulness of such as went there, as an officious and unregarded forwardness: withal, your grace may inform his majesty, that we are resolved to pursue so moderately these offenders, as may shew that this punishment should be rather a warning; these most guilty being not to be fined above two years valued rent, whilst others, who are less guilty, are to be fined at least in a fourth part of a year's valued rent, and which is little more than what they behoved to have spent in the expedition: whereas, the statutes against the crimes, having left the punishment to be proportioned according to the several circumstances that should occur, such date, “ LAWDERDALE.” "By the proclamation issued out during the rising, the absents from the host were to be punished as deserters of it; but that being death by some antiquated laws, and it not being blood but money, a good many about letter was procured with relation to deserters, Edinburgh were at this time wanting. This who, I suppose, were not many, in the ordinary sense of the word; and this was a preface to what followed as to the absents. "That same day, a letter is writ to the council, approving the proposal in all points, which they make in theirs of the 11th, and so it needs not be insert here. When they are thus warranted to begin their finings upon this head, they go roundly to work, and letters are writ to the sheriffs in each shire, that they send in the books of valuation, or attested copies of them to Edinburgh; and the officers of the army are appointed to send in lists of the he ritors in each shire, who did not attend the king's host. In December and January, citations are ordered to be given to some hundreds of gentlemen, heritors, and freeholders, by the justiciary: it took some time before the lists could be made up, and the witnesses condescended on, and the managers themselves seem not to be fully agreed, and severals were for moderate courses, gentlemens excuses being found many of them highly reasonable for not attending musters, and coming to the host. But the violent party prevailed. "Thus, February 23, a great many considerable gentlemen, heritors, and feuars are pannelled before the justiciary for absence from the host, and receive their indictment. Good numbers of the ablest lawyers were em 57th Act, 18th Parliament king James 2, it is ordained, that all maner of men that has land or goods be readie horsed and geared efter the facultie of his lands and goods for the defence of the realme at the commandment of the king's letters, and whoso beis not, he shall be punished in his person and goods, especiallie when they are requyred therto be his majestie's proclamation for subdueing of traiterous ployed by the gentlemen, and their defences are long, and pleadings very large upon the matter in general, and the particular circumstances of the pannels. The advocate gives large replies, and enforces his reasonings with the weight of the letter from the king to the Council upon this head, dated November 18, which was noticed just now, "This argument from a resolution in couneil, backed with royal approbation, no doubt was unanswerable; and so the lords give sentence against the gentlemen. I cannot insert all who were fined now and afterwards; only, for a taste at this time, James Young of Kirktoun is fined in 1870l. Scots,- -of Pitlochie in 7001. Alexander Durham of Largo in 18501. David Balcanquel of that ilk in 500l. Alexander Nairn of Samford in 2941. George Moncrief of Redie in 300/. James Weems in Glencorstoun in 1757. and multitudes of others. "At other diets of the justiciary in February, I find vast numbers of gentlemen and heritors in the shires of Lothian, the Merse, and other places, pannelled, and more than a hundred of them fined in very considerable sums; and, towards the end of March, the Lords are taken up in the same work: sentences are past against as many as in February, if not more, and discharges are produced of the payment of former fines, some of them several thousand pounds. | and seditious rebells, who hade most traiterouslie assumed and taken the boldnes to burne his majestie's lawes and acts of parliament, at the marcat croce of the burghe of Rutherglen, upon the twentie-nynth of May last, a day appointed for ane solemne anniversary thanksgiving for his majestie's restauration to the royall government of this kingdome, and who hade most treasonablie convocat and astime graciously pleased to excuse them from a criminal process, yet we will not suffer absents and deserters to escape without some punishment by way of fining, which we desire you to signify to our justice-court. So we bid you, &c. "How it came to pass that such a letter as this, of the date, June 1, was not intimated, till July 26, I shall not enquire; certainly somebody or other found their advantage by it. This letter is intimated and recorded in the criminal books, and all processes in dependence before them are deserted, and in their room succeed the processes for forfeiture of life after Airs-moss. "When this matter comes before the coun cil, they go closely to work, and their registers for some months are mostly taken up with those processes. Many hundreds are cited before them, the diets of some are continued, others are deserted (not without compositions and money privately given.) Multitudes are fined in absence, and some declared fugitive. To enter upon particulars would swell this chapter too much. Let me give only a few instances. July 13, Dundas of Borthwick is 'fined in a year's rent. August 1, the laird ' of Riddel's excuses for absence not sustained, he is fined in two years rent, which is 6,000l. Scots; George Douglas of Bonjedburgh fined in 6,000l. Scots; Ker of Cherrytrees in 3,000 · Francis Scot of Greenhill in 800l. It is noticed, that they all refused the declaration, probably otherwise they might have had their excuses sustained, or been fined vastly down of those sums; and so they are properly suf "Upon the 26th of July, this matter of ab-merks; James Scot of Thirlstane in 2776l.; sence from the king's host, is taken out of the hands of the justiciary, and put in the bands of the council. This was a more arbitrary court, and gave not themselves the trouble of lawyers, and legal defences. That day, I find the advocate produced a letter from the king, offerers for their opinion in point of prelacy. the date, "C. R. Windsor, June 1, 1680. "Right trusty, &c. We are sensible of the small effects that have followed by the trial of such who have been absent from our host, before the justiciary; and being informed that summons are issued out to cite many others through the shires for that crime, it is now our will and pleasure, that they be proceeded against, not criminally, but by way of fining, according to the degrees of their guilt, not admitting frivolous excuses for absence or desertion, which we look upon as preparatives of dangerous consequence to our service. We desire none benorth Tay be troubled with trials or citations, these only excepted who are known to be notoriously disaffected to our government in church and state: for though we are at this August 9, the following persons in Berwickshire, are fined for absence from the host; 'Patrick Wardlaw in 4,000l. Scots, Robert Brown of Blackburn 1,2001. Pringle of Greenknow 1,500l. Alexander Hume in St. 'Bathans 2001. Samuel Spence 4007. Clappertoun of Wylie-cleugh 1,000 merks, George 'Hume of Bassenden 1,000 merks.' They are all ordained to pay in six days. But particular instances would be endless. Nov. 11, I find the council appoint, That caption be executed 'with concurrence of parties of soldiers, for the 'fines of the absents from the host; that their escheats be gifted in name of his majesty's cash-keeper; that in time coming, all found guilty of absence shall be kept in custody till they pay the fine.' This obliged many not to compear, and then the soldiers execute the sen tence pronounced in absence.” |