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 Edinburgh.*]

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, Alexsexcentesimo 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 ciaria 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 affirmáta.

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, sent 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 sone 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 himharbouring, 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 forth 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 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 Arholme did most treasonable outhound to the re-gyle's Case which paper was designed to have bellion 1679, and therefter recept and harbouredt on his ground and lands, from the said re

pre

See 1 Fountainball'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, vol. 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. Meanwhile 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

been printed, wherein he did extreamlie reflect | parliament had made ane act inconsistent with upon the parliament and test, as if the said the protestant religion and with itself, and such and retire for some time, and improved his time, during his hiding, in religion and close study, so as, through the blessing of God, he was prepared thereby to make that bright and extraordinary figure he afterward made in the world. His troubles continued for some years, and then he ventured to appear again, though still in a private way.

ing from the lord Cardross's case, and at this time they were properly sufferers for liberty. I begin with Mr. Stuart, son to sir James Stuart formerly mentioned, whom we shall afterwards meet with. He was at this time noticed for his extraordinary abilities in law, though there was no access for one of his piety and principles to act publicly; but after the revolution he was a honour to his country, and to the gown in the office of king's advocate, for many years. This gentleman was jealoused by the managers for writing, at least having a share in publishing the known Paper, intituled, An Account of Scotland's GrievFances, by reason of the duke of Lawderdale's Ministry, humbly tendered to his sacred ma'jesty."" [See it at p. 157.] "This Account galled the party, and fretted them exceedingly, and yet I do not find that they were able, or ever essayed to answer the matters of fact alledged there against them.

66

"The other gentleman attacked this year, was sir Patrick Hume of Polwart, now the aged earl of Marchmont, who since the revolution hath been honoured to serve his country in the highest stations, and managed them with that firmness to the revolution-interest, and regard to religion, that his gray hairs in the way of righteousness cannot but be a crown to him. The committee appointed to bring in their opinion anent Mr. John King's affair, proposed the garrisoning the country; and it was thought they had a particular eye to the house of Cardross in so doing. Sir Patrick Hume, who had made a bold step against encroachments upon the liberty of parliaments, as we have heard, could not away with the setting up of garrisons in a peaceable and loyal country, as being a sensible encroachment upon the liberties of the subject; and so refused the contributions for support of the garrisons in the

Upon this score, and because he was a known Presbyterian, and very useful to these people, letters came down from the court, of the date February 27th this year, ordering, 'James Stuart, son to sir James Stuart, late 'provost of Edinburgh, to be apprehended, wherever he was, with all his books and pa'pers whatsomever, and made close prisonershire he was concerned in: For which a sentin Edinburgh, and no communication to be allowed him with any living by word or

'writ.'

"These were the illegal and arbitrary orders given at this time about the best of men, without any reason, save the will and pleasure of angry courtiers; so that nobody could be safe, had not kind providence interposed, as in this case: Mr. Stuart had some notice given him, and escaped most narrowly. However, when he got a little out of the way, upon the 10th of March, all his cabinets were sealed by order of council, and the magistrates of Edinburgh appointed to search for him through the town, and to seize all papers or trunks belonging to him, wherever they could be found; and because they apprehended he might be hiding about his brother's house at Coltness, or his brother in law's, sir John Maxwel of NetherPollock, orders are given to the lord Ross and his troop to search for him and his papers.

ence was passed against him, and he gave in a bill of suspension to the lord Collingtoun, and took instruments, upon his refusal, that he had offered it. Sir Robert Sinclair, and some other gentlemen in the shire of Berwick, joined him in this matter; I think, at first the most part, but afterwards several fell from it.

"The council, and particularly the bishops, could not bear any thing that looked like a crossing of so darling a project as the oppressive garrisons: So, upon the 2d of September, they take this matter under their consideration, and come to this resolution.The. lords of his majesty's privy council, considering a petition given in to them by sir 'Patrick Hume of Polwart, and subscribed by him, as likewise the bill of suspension pre'sented by him to the lord Collingtoun, which is of an insolent nature; as also, that after the lord Collingtoun had refused the same, 'he took instruments on his offer thereof, and 'that he had likewise taken instruments at the 'houses of some other of the counsellers, at

"I find by a missive letter dated March 11th, that a most strict search was made at Edinburgh for apprehending Mr. Stuart, for his al-Edinburgh; the council commit him to priledged penning of the Grievances; and that Mr. William Carstairs was apprehended at London upon the same reason, and was to be sent down to Scotland to be tried.

"Upon the 11th of March, the council order the sealed cabinets to be opened by the archbishop of Glasgow and treasurer-depute, and any papers belonging to Mr. Stuart to be taken out. What they found I know not, but, for any thing I can learn, they made no discoveries. Mr. Stuart was forced to abscond

son, till the king's pleasure be known.'

"Mean while accounts came in to the council from all corners, of the general dissatisfaction with the appointment of garrisons, and that few or none of the commissioners of the excise could be prevailed with to meet, as had been ordered: Thereupon now orders are sent to the commissioners to meet in each shire where they were established, and provide for the maintenance of the garrisons. "September 3d, the council write to the king,

ane oath as no honest man would take or keep, and dared and presumed to drawe and wreitt reacomplaining of the laird of Polwart's giving in a bill of suspension to the lord Collingtoun, upon a charge given by the council to the ⚫ commissioners of excise in the shire of Ber-hand, and the paper concluded to be his : wick, concerning the provision of thegarrisons of that shire; and when the said lord justly refused it, that he took instruments of his ' offering it.' The same day the lairds of Langtoun, Cockburn, and some other commissioners of the excise, give in a petition to the council, signifying their dissent from the ⚫ commission given to Polwart and sir Robert Sinclair, to present the foresaid bill of sus'pension, and withal gave in warrants for themselves to provide the garrison in necessaries for their parts.'

forsaid, most treasonablie asserting that his majesties subjects wer bound by the covenant and Confession of faith, to oppose the civil magistrate in defence of religion, and to debarr him from the imperial crown of this realm if he were not a protestant; and ther being in the year 1683, ane hellish and damnable plott and con

spiracy entered into by the late earles of Shaftesbury, Essex+ and Argyle, the lords Russi!l,§ and Gray, major Holmes, colonel Richard Rumbold,¶ sir John Cochran**, sir Hugh and sir George Campbells++, elder and younger, of Cessnock, David Montgomerie, somtyme of Langshaw, Thomas Stewart, somtyme of Cultuess, brother to the said James Stewart, sir Patrick Hume, sometyme of Polwort, George Pringle, sometyme of Torwoodlie, Mr. Robert Martine, Mr. Robert Ferguson,‡‡ and other rebells and traitors, subjects of this

returned after the indemnity, he wrote and drew a representation of the late earl of Ar

so cruel and inhumane were they, that without pitying his grey hairs, or the shrieks of his weeping daughter, or respecting his cha'racter or office, most cruelly and furiously gave him many bloody and mortal wounds in his head and other places, and left him dead ' and murdered on the place; and then went unto the west, and rose in rebellion at Both-gyle's case, which paper was designed to he well-bridge, under the command of the said printed, wherein he extremely reflected on Robert Hamilton. And when, by the dili- the late parliament, and test, appointed to be gence of his majesty's forces, they could noa bulwark to the Protestant religion and his malonger stay in the nation, they fled to thejesty's government; and drew and wrote rea' united provinces of Holland, where the said sons against the said test, treasonably asserting, Mr. John Hog, Mr. Robert Fleming, Mr. that subjects were bound by the covenant and Robert Langlands, &c. conversed with them, confession of faith, to oppose the civil magisharboured, supplied, and furnished them with 'trate in defence of religion; and hath assisted, money and necessaries, in the years 1679, supplied, and done favours to the said John 1680, 1681, or 1682. And the said Messrs. Hog, Balfour and Russel, and continues in a despeFleming, Smith, and Langlands, did, in one 'rate state of rebellion and treason. Wherefore of the months of the years foresaid, imploy 'these things being proven, the whole of the Mr. Donald Cargil, Mr. Richard Cameron, above named persons ought to be punished Mr. John Rae, Mr. David Hume, Mr. John with forfeiture of life, and lands, and goods.' King, Mr. John Kid, Mr. John Weir, Mr. "The advocate produces warrants to pursue, Thomas Hog, Mr. Andrew Anderson, Mr. and the summons upon sixty days, as ordinary John Ross, Mr. Alexander Wilson, Mr. in cases of persons being out of the kingdom: Alexander Bertram, Mr. Francis Irvine, Mr. and at present insists against Robert Hamilton John Wellwood, Mr. Thomas Macgil, minis- and John Balfour. The lords find the dittay ters, fled from their native country, for their relevant, and remit it to probation before an ashand in the rebellion 1679, and who were in- size. Witnesses appear, and depone they saw tercommuned. And the said Messrs. Hog, Robert Hamilton general at Bothwell bridge, Fleming, Smith and Langlands, are arrived and Balfour captain of a troop of horse. Anoat that height of impiety, to own and main-ther witness depones, That when Balfour was 'tain that treasonable and sacrilegious cove- fleeing, he heard him say be bad received a nant, (which occasioned so much bloodshed, shot, the devil cut off the hands that gave it. and the loss of the lives of so many good sub- The assize bring them in guilty of what is li 'jects, and was the engine of the whole ca- belled, and the lords adjudge them to be extastrophe of the rebellious, and unparalleled, ecuted and demeaned as traitors, when appreand accursed murder of our sovereign Charles hended, and their name fame and memory I. to the everlasting reproach of the Protes- to be extinct, and their lands to fall to his Ma'tant religion) and, in an impious and inso-jesty, as in common form. Upon absence, ⚫lent manner, did take upon them to debar 'from the Lord's table such as owned his ma'jesty's authority, or assisted and served him in the government, as enemies to Christ and his kingdom; and consulted and treated for admitting the said John Balfour to the table of the Lord; that during the Dutch war, they prayed publicly for the success of the forces of the States, against their sovereign lord the king: And the said James Stuart, being the son of a father whose disloyal principles and 'practices tended to the destruction of his ma'jesty's authority and government, in the time of the late Rebellion: and he no sooner arrived to any height of knowledge, than he used all endeavours to disturb the government both in church and state, and by his writings and practices to sow sedition: And after he ⚫ was forced to lurk and flee the nation, when VOL. XI.

after citation, John Russel portioner of Kettle,
Messrs. John Hog, Langlands, and Smith, and
James Stuart, are put to the horn and for-
feited."

Wodrow, pp. 6. 141. 280. 316. 531.
As to sir James Stuart, the father, see 1

* See his two Cases, vol. 6, p. 1269; vol. 8, p. 759.

+ See the Case of Speke and Braddon, vol. 9, p. 1127.

See his Case, vol. 8, p. 843.

See his Case, vol. 9, p. 577.

See some account of him, vol. 9, p. 359. ¶ See his Case, p. 873 of this Volume. ** See his Case, vol. 10, p. 990. ++ See their Case, vol. 10, p. 919.

See the Case of Spreul and Ferguson

vol. 10, p. 725.

Which criminal action and cause being this day called in presence of the Lords Justice General, Justice Clerk, and Commissioners of Justiciary, compeired sir George M Kenzie, of Rosehaugh, his majesties advocat, and produced the principall lybell raised before the parliament against the saids William Denholme, of West-elevinth act, first session, second parliament, sheills, James Stewart and Mr. Gilbert Eliot, king Charles the second, did proceed to conwith the executions therof, and verifications of sider and give their interloquitor upon the the same, in face of parliament, by the heraulds lybell, wherof the tenor follows: and persevants, which were given back to be keeped in the records of parliament: The said Jybell containing severall persons therin alreadie forfaulted befor the parliament.

Att Edinburgh, the 16th day of June, 1685, Our soveraigne lord with consent of the estates of parliament doe hereby remitt to the commissioners of justiciary, the process of treason intented against the airs of the deceist James earle of Loudoun, sir James Dalrymple, of Stairs, James Stewart, son to the deceist sir James Stewart, late provest of Edinburgh, of Buccleugh and Monmouth, and others, Colin Campbell, of Ardkinglass, William Den-A. D. 1686.