[A1685/4/36]¹

[Decreet of forfeiture against Sir Hugh and Sir George Campbell of Cessnock]²

At Edinburgh, 13 June 1685 anent the libelled summons and indictment of high treason raised and pursued before the king's majesty and the estates of parliament, written in Latin and issued under the hand of the depute of the directors of the chancellery, keepers of the quarter seal, according to his majesty's warrant and order specified below and the additional libel and indictment of high treason, both at the instance of Sir George MacKenzie of Rosehaugh, his majesty's advocate, for his highness's interest, in the matter underwritten against Sir Hugh Campbell of Cessnock and Sir George Campbell, younger, of Cessnock and various others, their associates and traitorous accomplices. The authentic copy of which principal libel and indictment in English produced in manner mentioned below makes mention that where notwithstanding by the common law of this and all other well governed nations the crimes of treason and rebellion and the conspiring to overturn the government of the monarchy, it being the established government of this kingdom, or the concealing and not revealing any treasonable design, project or discourse tending thereto, and the aiding, assisting, abetting, harbouring, supplying, intercommuning, keeping correspondence with or doing favours to, such as have any such design or are guilty of or accessory to any such crime, are punishable with forfeiture of life, lands and goods. And by the 3rd act of the 1st parliament of King James I, it is statute and ordained that no man openly nor publicly rebel against the king's person; and by the 37th act of his 2nd parliament, it is statute that no man harbour, maintain or do favours to open or manifest rebels against the king's majesty and the common law, under the pain of forfeiture; and by the 49th act of the 12th parliament and 14th act of the 6th parliament of King James II, it is expressly statute that the rising in fear of war or harbouring or supplying those that have committed treason be punishable as treason; and by the 97th act of the 7th parliament of King James V, all men are commanded to apprehend rebels and discharged to harbour, supply or do favours to them; and by the 144th act of the 12th parliament of King James VI, all his majesty's subjects are discharged to supply³ or intercommune with traitors or rebels, or give them any relief or comfort or any help, advice or counsel, but do their utmost diligence to apprehend and expel them out of the country in manner specified in the said act, under the pain of treason; and by the 5th act of the 1st session of King Charles II's first parliament, it is declared that it shall be high treason for the subjects of this realm or any number of them, less or more, upon any pretext whatsoever to rise or continue in arms, or to make peace or war or any treaties or leagues without his majesty's special approbation; and by the 2nd act of the 1st session of his first parliament, to plot, contrive or intend death or destruction or to put any restraint upon his royal person or to deprive, depose or suspend his majesty from the exercise of his royal government, or to levy war or take up arms against his majesty or any commissioned by him, or to entice any strangers or others to invade any of his majesty's dominions or to write, print or speak anything that may express or declare such their treasonable intentions is declared treason and punishable as such. Likewise by the 2nd act of King Charles II's third parliament, it is declared high treason in any of the subjects of this realm by writing, speaking or any other manner of way to endeavour the alteration, suspension or diversion of the right of succession or debarring the next lawful successor; and by the common law, laws and acts of parliament of this kingdom instigating and sanctioning or being accessory thereto is punishable as the principal crime; and by the 11th act of the 1st session of King Charles II, forfeitures are appointed to proceed in absence, that the heir may be forfeited for the treason committed by his predecessor, according to the common law, good equity and reason. Nevertheless, it is of verity that the said Sir Hugh and Sir George Campbell and several others, their traitorous accomplices, shaking off all fear of God, respect and regard to his majesty's authority and laws, have presumed to commit and are guilty of the said crimes, in so far as John Balfour of Kinloch, the deceased David Hackston of Rathillet and others having upon 3 May 1679 killed and murdered his grace [James Sharp], late archbishop of St Andrews, they fled into the western shires, and there rose in open rebellion with 9,000 or 10,000 of their accomplices, with Walter Lockhart of Kirkton under the command of Robert Hamilton, brother to the laird of Preston; burnt his majesty's laws at the market cross of Rutherglen upon 29 May; drowned out bonfires set on in commemoration of King Charles II's happy restoration; issued forth treasonable proclamations and declarations; and upon the Sabbath day thereafter did assault, resist, fight and oppose a party of his majesty's forces at Drumclog, killed and murdered several of them; thereafter attacked the city of Glasgow and his majesty's forces therein; rendezvoused, exercised and formed themselves in an army, appointed officers and commanders over them, kept councils of war, plundered, robbed and rifled the [horses]⁴ and arms of his majesty's dutiful and loyal subjects, and continued in an open, avowed and desperate rebellion, committing all acts of hostility and high treason until 22 June that they were defeated by his majesty's forces. Of the which horrid and unnatural rebellion the said Sir Hugh and Sir George Campbell and their said accomplices were accessory thereto by aiding, abetting, harbouring, assisting, instigating, sanctioning and other ways in manner specified below. And particularly the said Sir Hugh and Sir George Campbell, besides their contriving and consulting the late rebellion in manner above-mentioned, did most treasonably send out to the said rebellion their tenants and servants specified below, namely: Mr James Brown, their chaplain; George Lambie in Crofthead; James Hutcheson in Underwood; Robert Parker in Westerlinfine; Michael Roxburgh, mason in Galston; Hector Patton in Cessnockyards; Hugh Neilson in Richardton; John Browning, younger, in Priestland; Alexander Wood in Highside; John Lambie in Ladybrow; Alexander Mitchell in Priestland; John Hunter in Sheillinghill; George Hutcheson in Underwood; Matthew Reid in Graslome⁵; James Richmond in Laefield; John Hunter in Sheillinghill; George Lambie, merchant in Bankhouse; William Herries, officer in Richardton⁶; [...] Glasford in Carleith⁷; Samuel Rose in Netherton; John Gemmell in Bank; Patrick Gemmell; James Lambie in Laefine; Hugh Wilson at Burnfoot; Francis Ross in Knowhead and several others. At the least they having gone out to the said rebellion and having been thereat they did shelter them upon their ground without enquiring where they had been, and why they had been so long absent in so dangerous and critical a time when it was notorious to all the kingdom there was an open rebellion carried on against his majesty, to the destruction of the peace, quiet and security of this their native country, as well as the monarchy therein established. And the said Sir Hugh and Sir George Campbell did even shelter in their very house William Gilmour, who went out of their ground to the rebellion and lived very near their own gate before the rebellion; and though he owned before their servants in their family that he had been in the rebellion, so that the same could not but be notorious to them, yet they maintained him two years as their porter, and thereafter gave him a testificate as a very honest man and recommended him to [William Cochrane], earl of Dundonald. And they maintained the said Mr James Brown, a notorious and ringleading field preacher, as their chaplain in their family. And the persons above-named being their servants and tenants and having gone out of their ground to the rebellion, and immediately thereafter having returned thereto, and having ever since lived thereon, and they having daily gone up and down amongst them so as they were obliged to have enquired where they were, so as they could not but know they were out at the rebellion, especially seeing they being at the same was notorious in the country, and two of them were their own domestic servants and lived in their own house. And also Alexander Paterson in Bagray, their tenant, having upon the 1, 2, 3 or one or other of the days of [...] or one or other of the months of the year 1682 advertised the said Sir Hugh and Sir George Campbell of his being in the rebellion and of his willingness to submit to his majesty's authority, and craving their advice as to what he should do, they did dissuade him and desired him to go home to his work until they did send for him; and so he continued their tenant, notwithstanding they knew of his being in the said rebellion. And the said Sir Hugh and Sir George Campbell with various others, their traitorous associates and accomplices, being persons notoriously disaffected to his majesty's government and who had consulted, contrived and encouraged the rebellion at Bothwell Bridge, and who instigated several of their men, tenants, servants and others thereto, furnished and supplied them with money, arms, provisions, help, advice and counsel; harboured, sheltered, intercommuned and corresponded with them after their defeat; and who by the treasonable deeds above-specified and many other acts and practices of high treason, sedition and disloyalty had so signalized themselves that they certainly knew his majesty's laws and justice could not but reach them. And their great and notorious guilt having rendered them desperate, they and their said accomplices did upon the [...] days of January, February, March, April, May and June 1683 meet, cabal or by letters and agents correspond and consult anent the carrying on of a most horrid plot and damnable rebellion and conspiracy against the person of his majesty's royal brother, King Charles II, and against his majesty's own person and government. And for their better and surer carrying on of the same, the deceased [James Campbell], earl of Loudoun, Sir James Dalrymple of Stair, James Stewart, sometime advocate, son to the deceased Sir James Stewart, sometime provost of Edinburgh, and Andrew Fletcher of Saltoun went over to Holland to manage and negotiate the same with the late [Archibald Campbell], earl of Argyll, a declared and forfeited traitor, and other rebels and traitors there. And the said Sir Hugh and Sir George Campbell with George [Melville], lord Melville, Sir John Cochrane of Ochiltree, John Weir of Newton, David Montgomery of Lainshaw, Thomas Stewart of Coltness, William Denholm of Westshiels, Mr Robert Martin, sometime clerk to the justice court, and Mr Gilbert Elliott, sometime writer in Edinburgh, went to London pretending to negotiate the settlement of a Scots colony in Carolina, but truly and really to treat anent and carry on the said rebellion and conspiracy with [Anthony Ashley Cooper], earl of Shaftesbury and [Arthur Capel, earl of] Essex, [William Russell], lord Russell and others in England who had likewise entered in a treasonable design for rising in arms in that kingdom against his majesty, their native prince and sovereign, for killing, at least seizing, on his majesty's sacred person, and the person of his highness's royal brother, King Charles II, and for forcing him and his present majesty to condescend to such proposals as they, the said damnable conspirators, should make. And Sir Patrick Hume of Polwarth, George Pringle of Torwoodlee and several other persons were left in this kingdom to manage and carry on the said damnable rebellion and conspiracy. And before the said Sir Hugh and Sir George Campbell and the other persons aforesaid went from this kingdom, they and [Colin] Campbell of Ardkinglas and the conspirators who remained in this kingdom, did go about very diligently and industriously through the shires of Renfrew, Argyll, Tarbert, Dunbarton, Lanark, Ayr and the other western and southern shires, and even most openly and defiantly in the metropolitan city of Edinburgh, did beg, entreat, entice, threaten and persuade gentlemen and others to give money to the late earl of Argyll, a forfeited and declared traitor; at least desired a contribution for him, and particularly from John Porterfield of Duchal and [...] Cunningham, elder and younger, of Craigends, Sir John Maxwell of Pollok, John Campbell, captain of Dunoon, Dougal Campbell of Saggoth, bailie of Kintyre, Dougal Campbell, brother to [...] Campbell of Calder, and others; and did themselves collect, contribute and furnish money to the late earl of Argyll for that effect; at least they and their said accomplices knew of the said collections and concealed and did not reveal the same. And the said George, lord Melville, Sir John Cochrane, Sir Hugh and Sir George Campbell and the other persons aforesaid who went to England were most active and diligent in carrying on of the said most horrid plot and conspiracy there, and in order thereto did frequently meet with Mr Robert Ferguson, sometime chaplain to the earl of Shaftesbury, Colonel [John] Rumsey, [Thomas] Shepherd, [Captain Thomas] Walcot, [Zacharias] Bourne, [Robert] West and the other English conspirators. And amongst themselves and with the deceased Mr Robert Baillie of Jerviswood, a forfeited and executed traitor, Mr William Veitch, an outed preacher and declared and forfeited traitor, and others in one another's chambers and in the chamber of the said Mr Robert Baillie in the city of London and elsewhere; and there they most treasonable misrepresented his majesty's government, especially in this kingdom, and the administration of his majesty as his royal brother's commissioner, and his majesty's judicatories here, thereby to excite one another to the designed conspiracy and rising intended against his majesty, and to serve as a pretext and blind to excuse their wicked and treasonable design of joining with the wicked conspirators in England. And they and the late earl of Argyll, the Lord Loudoun and the other rebels in Holland above-named and these in Scotland did by letters and messengers correspond and treat anent the carrying on of the said horrid rebellion and conspiracy; and among them it was concerted and concluded that £30,000 sterling should be collected and gathered in England and here and sent over to the earls of Argyll and Loudoun and the other traitors and conspirators above-named in Holland for buying of arms and other provisions necessary for carrying on of a war, and hiring of ships for landing with them in the west highlands of Scotland; and 1,000 horse and dragoons should be in readiness on the English borders; that officers should be trusted to command; that the conspirators at London should come down; and the said Sir Patrick Hume of Polwarth, George Pringle of Torwoodlee and [Walter Scott], late earl of Tarras and the other conspirators above-named, and others in this kingdom who should adhere to them, should draw to the borders and join with the English rebels there; that they should surprise and seize upon the officers of state and of the army and such of the forces and their horses and armour as they should find in the country; that they should keep up a party to deal with the stragglers; that they should surprise and seize upon his majesty's forts and garrisons of Berwick, Carlisle, Stirling and Edinburgh castles; and that at the same time Argyll and the other traitors in Holland should land with their ships and arms in the west highlands of Scotland. And Colonel Rumsey, Walcot, Bourne, West and the said Mr Robert Ferguson and others were appointed and had undertaken to murder his majesty's sacred person and the person of his majesty's royal brother, King Charles II. And though the murder should not take effect, yet it was resolved and determined that they should force the late sovereign, his majesty's royal brother, to condescend to such proposals as they should make, particularly that his late majesty should abandon his present majesty, his royal brother; exclude him from his just right of succession; expose his majesty to their unjust malice and pursuits; that his late majesty should alter the government both in church and state according to their mould and method. And with the very conspirators against our late sovereign and his sacred majesty's life they, in person and by letters and messengers, did treat and correspond and did with them pen and draw up manifestos and declarations to be published and spread abroad upon their giving the fatal blow and beginning their horrid massacre and rebellion, and they had a sign and a word amongst themselves to know one another by, and did secretly pump and sound the minds and inclinations of his majesty's subjects up and down the country where they lived and passed to know whom they would be sure of to rise with them on a sudden rising, and what arms were in the country and where they might be seized on; that the cess should be kept up unpaid until the rising; that the English and Scottish rebels should meet and rise and the horrid blow be given in one day. And for the closer and surer carrying on of this horrid plot and design the conspirators, both in England, Holland and here, did converse and correspond with others in hieroglyphics and figures, and in obscure and mystical terms; and did come and sent over to and from London and Holland and to and from this kingdom their ambassadors and agents, particularly James Stewart and one Aaron Smith to and from Holland and London, and the said Mr Robert Martin and Mr Gilbert Elliott to this kingdom, who kept close meetings with the said Sir Patrick Hume, the earl of Tarras and George Pringle of Torwoodlee and the other rebels above-mentioned and disaffected gentry in this kingdom at Galashiels, Torwoodlee and the houses of the said gentry in the months of May and June 1683, where the treasonable prepositions above-mentioned were treated of, concluded and accorded to, and the motions, designs and determinations of each others were mutually known and concerted, and £10,000 sterling of the money agreed upon to be given to Argyll was prepared. And the Scots rebels were cautioned not to be rash in their rising until the English were ready, so forward it seems have they been as this caution was necessary. And Argyll was persuaded to accept of any money rather than not engage, and the delays anent the payment of the money to Argyll were extremely lamented. And all things were in readiness for executing the said horrid assassination and massacre when God, in his great mercy and goodness, saved his majesty's royal brother, King Charles II, his present majesty and his kingdoms by discovering the same. And the said whole forenamed persons, and particularly the said Sir Hugh and Sir George Campbell complained upon, did often and most treasonably converse, intercommune, furnish money and do favours to the said late earl of Argyll and Mr William Veitch, declared and forfeited traitors and rebels since their said forfeitures. And the particular acts of treason, conversing, harbouring, intercommuning with, sheltering and favouring of rebels and others above-specified were committed by the said Sir Hugh and Sir George Campbell in manner above-specified, not once, but often upon the 23, 24, 25 and other days of the said month of June, 1, 2, 3 and other days of the months of July, August, September and other months of the year 1679, and upon the 1, 2, 3 and other days of the month of July, or one or other of the days of one or other of the months of the years 1680, 1681, 1682, 1683 and 1684 or one or other of them. Of the which horrid and treasonable crimes above-specified, or one or other of them, the said Sir Hugh and Sir George Campbell are actors, accessory thereto and were upon and have concealed and not revealed the aforesaid horrid plot, conspiracy and intended rebellion, murder and massacre, the levying and collecting money for that effect, and the other treasonable deeds above-specified, or one or other of them, which being found by his majesty and the estates of parliament, they ought to be punished as horrid traitors, rebels and murderers with forfeiture of life, lands and goods, to the terror of others to commit the same hereafter. And the additional libel and indictment at his majesty's advocate's instance against the said Sir Hugh and Sir George Campbell and various others make mention that where, by the common law of this and all other well governed nations, the crimes of treason and rebellion and the conspiring to overturn the government of the monarchy, it being the established government of this kingdom, or the concealing and not revealing any treasonable design, project or discourse tending thereto, and the aiding, assisting, abetting, harbouring, supplying, intercommuning, keeping correspondence with or doing favours to, such as have any such designs or are guilty of or accessory to any such crimes, are punishable with forfeiture of life, lands and goods. And by the 3rd act of the 1st parliament of King James I, it is statute and ordained that no man openly nor publicly rebel against the king's person; and by the 32nd act of his 2nd parliament, it is statute that no man harbour, maintain or do favours to open and manifest rebels against the king's person and the common law under the pain of forfeiture; and by the 24th act of the 6th parliament and 49th act of the 12th parliament of King James II, it is expressly statute that the rising in fear of war or harbouring or supplying those that have committed treason be punishable as treason; and by the 97th act of the 7th parliament of King James V, all men are commanded to apprehend rebels and discharged to harbour, supply or do favours to them; and by the 144th act of the 12th parliament of King James VI, all his majesty's subjects are discharged to supply or intercommune with traitors or rebels, or give them any relief or comfort or any help, advice or counsel, but do their utmost diligence to apprehend and expel them out of the country in manner specified in the said act; and by the 5th act of the 1st session of King Charles II's first parliament, it is declared that it shall be high treason for the subjects of this realm or any number of them, less or more, upon any pretext whatsoever to rise or continue in arms, to make peace or war or any treaties or leagues without his majesty's special approbation; and by the 2nd act of the 2nd session of his first parliament, to plot, contrive or intend death and destruction, or to put any restraint upon his majesty's royal person, or to deprive, depose or suspend him from the exercise of his royal government, or to levy war or take up arms against his majesty or any commissioned by him, or to entice any strangers or others to invade any of his majesty's dominions, or to write, print or speak anything that may express or declare such their treasonable intentions is declared treason and punishable as such. Likewise by the 2nd act of the 3rd parliament of King Charles II, it is declared high treason in any of the subjects of this realm by writing, speaking or any other manner of way to endeavour the alteration, suspension or diversion of the right of succession, or debarring the next lawful successor to the imperial crown of this realm, and by the common law, laws and acts of parliament of this kingdom instigating and sanctioning or being accessory thereto is punishable as the principal crime. Nevertheless, it is of verity that the said Sir Hugh and Sir George Campbell, shaking off all fear of God, respect and regard to his majesty's authority and laws, have presumed and are guilty of the crimes above-named, in so far as John Balfour of Kinloch, the deceased David Hackston of Rathillet and others having upon 3 May 1679 killed and murdered his grace the late archbishop of St Andrews, they fled into the western shires, and there rose in open rebellion with 9,000 or 10,000 of their accomplices under the command of Robert Hamilton, brother to the laird of Preston; burnt his majesty's laws and acts of parliament at the market cross of Rutherglen upon 29 May; drowned out bonfires set on in commemoration of the happy restoration of our late sovereign, King Charles II; issued forth treasonable proclamations and declarations; and upon the Sabbath day thereafter did assault, resist, fight and oppose a party of his majesty's forces at Drumclog, killed and murdered several of them. Thereafter attacked and assaulted the city of Glasgow and his majesty's forces therein; rendezvoused, exercised and formed themselves in an army, appointed officers and commanders over them, kept councils of war, plundered, robbed and rifled the goods, horses and arms of his majesty's dutiful and loyal subjects, and continued in an open, avowed and desperate rebellion, committing all acts of hostility and high treason until 22 June that they were defeated by his majesty's forces. Of the which horrid and unnatural rebellion the said Sir Hugh and Sir George Campbell were accessory to by aiding, abetting, assisting, instigating, harbouring, sanctioning and otherwise in manner specified below. And particularly they and James, earl of Loudoun, Sir John Cochrane, David Montgomery of Lainshaw and several other disloyal and disaffected gentlemen and preachers met together at the Temple Holme at the water side near Galston at Kilmarnock, the place of Loudoun and at the kirk of Galston and several other places upon the 1, 2, 3 or one or other of the days of the said month of June 1679, and treated, consulted and advised anent the carrying on of the said rebellion and anent the aiding and assisting of the said rebels. And in order thereto did instigate, persuade, furnish and equip a great many of their tenants, servants and people to go to the said rebellion, particularly Mr James Brown, their chaplain; George Lambie in Croast; James Hutcheson in Underwood; Robert Parker in Wester Linfine; Michael Roxburgh, mason in Galston; Hector Patton in Cessnockyards; Hugh Neilson in Richardton⁸; John Binning, younger, in Priestland; Alexander Wood in Highside; John Lambie in Ladybrow; Alexander Mitchell in Priestland; George Hutcheson in Underwood; Matthew Reid in Galston; James Richmond in Laefield; John Hunter in Sheillinghill; George Lambie, merchant in Bankhouse; William Herries, officer in Richardton; [...] Glasford in Barleith; Samuel Rose in Netherton; John Gemmell in Bank; Patrick Gemmell; James Lambie in Laefine; Hugh Wilson of Burnfoot; Francis Ross in Knowhead and several others. At the least they having gone out to the said rebellion and having been thereat they did shelter them upon their ground without enquiring where they had been or why had they been so long absent in so dangerous and critical a time when it was notorious to all the kingdom that there was an open rebellion carried on against his majesty, to the destruction of the peace and security of this their native kingdom, as well as the monarchy therein established. And the said Sir Hugh and Sir George Campbell did even shelter in their very house William Gilmour, who went out of their ground to the said rebellion and lived near their own gate before the rebellion, and he owned before their servants in their family that he had been in the rebellion, so that the same could not but be notorious to them, yet they maintained him two years as their porter, and thereafter gave him a testificate as a very honest man and recommended him to the earl of Dundonald. And they maintained the said Mr James Brown, a notorious and ringleading field preacher, as their chaplain in their family. And the persons above-named being their tenants and servants and having gone out of their ground to the rebellion and immediately thereafter having returned thereto, and being ever since living thereon and daily going out and in among them so that, as the said Sir Hugh and Sir George Campbell were obliged to have enquired where they were, so that they could not but know they were out at the rebellion, especially seeing their being at the same was notorious in the country, and two of them their own domestic servants and lived in their own house. And also Alexander Paterson in Bagray, their tenant, having upon the 1, 2, 3 or one or other of the days of one or other of the months of the year 1682 advertised the said Sir Hugh and Sir George Campbell of his being in the rebellion and of his willingness to submit to his majesty's authority and government and craving their advice as to what he should do, they did dissuade him and desired him to go home to his work until they sent for him; and so he continued their servant, notwithstanding they knew of his being in the said rebellion. And the said Sir Hugh and Sir George Campbell having by their treasonable deeds above-specified and many other acts and practices of high treason, sedition and disloyalty so signalized themselves that they certainly knew his majesty's laws could not but reach them, and their great and notorious guilt having rendered them desperate, they did upon the [...] days of January, February, March, April, May and June 1683 meet, cabal or by letters and agents consult and correspond with several others of his majesty's rebellious and disaffected subjects in England, Holland and in this kingdom anent the carrying on of a most horrid and damnable conspiracy and rebellion against the person of our late sovereign, King Charles II, and against the person of his sacred majesty and government. And for the better and surer carrying on of the same, James, earl of Loudoun, Sir James Dalrymple of Stair, James Stewart, sometime advocate, and Andrew Fletcher of Saltoun went over to Holland to order and negotiate the same with the late earl of Argyll, a forfeited and declared traitor, and other rebels and traitors there. And the said Sir Hugh and Sir George Campbell, with George, lord Melville, Sir John Cochrane, John Weir of Newton, David Montgomery of Lainshaw, Thomas Stewart of Coltness, William Denholm of Westshiels, Mr Robert Martin, sometime clerk to the justice court, Mr Gilbert Elliott, sometime writer in Edinburgh, the deceased Mr Robert Baillie of Jerviswood went to London pretending to negotiate the settlement of a Scottish colony in Carolina, but truly and really to treat anent and carry on the said rebellion and conspiracy with the earls of Shaftesbury and Essex, Lord Russell and others in England who had likewise entered in a treasonable design for rising in arms in that kingdom against his majesty, their native prince and sovereign, and for killing, at least seizing on, his majesty's sacred person and the person of our late sovereign, King Charles II; and for forcing him to condescend to such proposals as they, the said damnable conspirators, should make. And Sir Patrick Hume of Polwarth, George Pringle of Torwoodlee, Sir William Scott of Harden and others were left in this kingdom to manage and carry on the said damnable rebellion here. And before the said Sir Hugh and Sir George Campbell and the other conspirators went from this kingdom, they did go about very diligently and industriously through the shires of Renfrew, Argyll, Tarbert, Dunbarton, Lanark, Ayr and the other western and southern shires, and even most openly and defiantly in the metropolitan city of Edinburgh, did beg, entreat, entice, threaten and persuade gentlemen and others to give money to the late earl of Argyll, a forfeited and declared traitor; at least desired a contribution for him, and particularly from John Porterfield of Duchal, [...] Cunningham, elder and younger, of Craigends, Sir John Maxwell of Pollok, John Campbell, captain of Dunoon, Dougal Campbell of Saggoth, bailie of Kintyre, Dougal Campbell, brother to [...] Campbell of Calder, and others; and the said Sir Hugh and Sir George Campbell of Cessnock themselves did collect, contribute and furnish money to the late earl of Argyll for that effect; at least they knew of the said collections, and did conceal and not reveal the same. And when the said Sir Hugh and Sir George Campbell went to London, they and those who were with them were most active and diligent in carrying on of the said most horrid plot and conspiracy there. And in order thereto did frequently meet with Mr Robert Ferguson, Colonel Rumsey, Walcot and Bourne and the other English conspirators, and amongst themselves and with Mr William Veitch, an outed preacher and declared and forfeited traitor, and others in one another's chambers and in the chamber of the said deceased Mr Robert Baillie in the city of London and elsewhere; and there they most treasonably and seditiously misrepresented his majesty's government, especially in this kingdom, and the administration of his majesty as his royal brother's commissioner, and the judicatories of this kingdom, thereby to excite one another to the designed conspiracy and rising intended against his majesty and his government, and to serve as a pretext and blind to excuse their wicked and treasonable design of joining with the wicked conspirators in England. And the said Sir Hugh and Sir George Campbell and the said late earl of Argyll, the earl of Loudoun and the other rebels in Holland and these in Scotland did by letters and messengers correspond and treat anent the carrying on of the said most horrid rebellion and conspiracy. And amongst them it was concerted and concluded that £30,000 sterling should be collected and gathered in England and here and sent over to the earls of Argyll and Loudoun and the other traitors and conspirators above-named in Holland, for buying of arms and other provisions necessary for carrying on of a war, and hiring of ships for the landing with them in the west highlands of Scotland; that 1,000 horse and dragoons should be in readiness on the English borders; that officers should be trusted to command; that the Scots conspirators in London should come down; and the said Sir Patrick Hume of Polwarth, George Pringle of Torwoodlee, the late earl of Tarras and the other conspirators in this kingdom who should adhere to them should draw to the borders and join with the English rebels there; that they should surprise and secure the officers of state and of the army and such of the forces and their horses and armour as they should find in the country; that they should keep up a party to deal with the stragglers; that they should surprise and seize upon his majesty's forts and garrisons of Berwick, Carlisle, Stirling and Edinburgh castles; and that at the same time Argyll and the other rebels in Holland should land with their ships and arms in the west highlands of Scotland. And Colonel Rumsey, Walcot, Bourne, West and the said Mr Robert Ferguson and others were appointed and had undertaken to murder his majesty's sacred person and the person of his royal brother, King Charles II. And though the murder should not take effect, yet it was resolved and determined to force their late sovereign to condescend to such proposals as they should make, particularly that he should abandon his present majesty, his royal brother; exclude him from his just right of succession; expose him to their unjust malice and pursuits; that he should alter the government both in church and state according to their mould and method. And with the very conspirators against their late sovereign's sacred life and his majesty's, the said Sir Hugh and Sir George Campbell, in person and by letters and messengers, did treat and correspond and did with them pen and draw up manifestos and declarations to be published and spread abroad upon their giving the fatal blow and beginning of their horrid massacre and rebellion, and they had a sign and a word among themselves to know one another by, and did pump and sound the minds and inclinations of his majesty's subjects up and down the countries where they lived and passed to know whom they would be sure of to join with them on a sudden rising, and what arms were in the country and where they might be seized on; that the cess should be kept up unpaid until the rising; that the English and Scottish rebels should meet and rise and the horrid blow be given in one day. And for the closer carrying one of this horrid plot and design the said Sir Hugh and Sir George Campbell and the English conspirators, both in England, Holland and here, did converse and correspond with others in hieroglyphics and figures, and in obscure and mystical terms; and did send over to and from London and Holland and to and from this kingdom their ambassadors and agents, particularly James Stewart and one Aaron Smith to and from London and Holland, and the said Mr Robert Martin and Mr Gilbert Elliott to this kingdom, who kept close meetings with the said Sir Patrick Hume, the late earl of Tarras, George Pringle of Torwoodlee and the other disaffected gentry in this kingdom at Galashiels, Torwoodlee and the houses of the said gentry in the months of May and June 1683, where the treasonable prepositions above-mentioned were treated of, concluded and accorded to, and the motions, designs and determinations of each other were mutually known and concerted, and £10,000 sterling of the money agreed upon to be given to Argyll was prepared. And the Scots rebels were cautioned not to be rash in their rising until the English were ready, so forward it seems have they been as that this caution was necessary. And Argyll was persuaded to accept of any money rather than not engage, and the delays anent the payment of the money to Argyll were extremely lamented. And all things were in readiness for executing of the said horrid assassination and massacre, when God, in his great mercy and goodness saved his majesty and our late gracious sovereign and these kingdoms by discovering the same. The which particular acts of treason, conversing, harbouring, sheltering, intercommuning with and favouring of rebels, traitors and others above-specified were committed by the said Sir Hugh and Sir George Campbell in manner above-specified, not once, but often upon the 23, 24, 25 and other days of the months of January, February, March or one or other of the days of one or other of the months of the years 1680, 1681, 1682, 1683 and 1684, or one or other of them. Of the which horrid and treasonable crimes above-specified, or one or other of them, the said Sir Hugh and Sir George Campbell are actors, accessory thereto and were upon and have concealed and not revealed the aforesaid horrid plot, conspiracy and intended rebellion, murder and massacre, the levying and collecting money for that effect, and the other treasonable deeds above-specified, which being found verified and proven before the three estates of parliament they ought to be punished as horrid traitors, rebels and murderers, with forfeiture of life, lands and goods, to the terror of others to commit the same hereafter, and anent the charge given to the said Sir Hugh and Sir George Campbell, defenders, to have compeared before his majesty and the estates of parliament at a certain day bygone to have heard and seen sentence and decreet of forfeiture given and pronounced against them in the said matter, as at more length is contained in the said principal summons and additional libel (which is subscribed by the said George [MacKenzie], viscount of Tarbat, lord clerk of register and the said Sir George MacKenzie of Rosehaugh, his majesty's advocate) which was raised and is duly executed against them in manner aforesaid. The said Sir George MacKenzie of Rosehaugh, his majesty's advocate, for his highness's interest, compearing personally, who produced in presence of the estates of parliament the letters and indictment of high treason, written in Latin upon parchment, under the hand and subscription of the depute of the directors of the chancellery, keepers of the quarter seal, together with an authentic copy of the same in English, with a letter superscribed by his majesty dated at Whitehall, 3 March last directed to the privy council whereby his majesty commands his advocate to raise process before the parliament against the persons contained in a list enclosed, and any other persons the privy council shall suspect guilty of the late treasonable conspiracy and other crimes of treason, and recommended to his majesty's privy council to give their warrant for pursuing the said persons, and to raise summons under the quarter seal for that effect. And likewise produced a list of the persons to be pursued of, whom the said Sir Hugh and Sir George Campbell are two, which is also under his majesty's hand and superscription. And also produced an act of his majesty's privy council of Scotland, dated 8 March last, making mention of the king's majesty's letter to them, and that in pursuance of and obedience to his majesty's royal commands they do require his majesty's advocate to raise process before the first session of this present parliament against the said Sir Hugh and Sir George Campbell and all other persons contained in the said list, requiring the directors of the chancellery and their deputes, keepers of the quarter seal, to write the said summons in the ordinary form and to mark the same, which the said lords declare shall be as valid as if the quarter seal was appended thereto, together with the aforesaid additional libel and indictment of high treason at his majesty's advocate's instance against the said Sir Hugh and Sir George Campbell signed by the said George, viscount of Tarbat and his majesty's advocate. And after production of the said indictment in Latin and another authentic copy in English, with the said additional libel, his majesty's letter, list and act of council, his majesty's said advocate did produce the execution of the said summons bearing that George Ogilvie, Albany herald, passed upon the 30 and 31 days of March, 1, 2, 3, 4, 6, 7, 18, 20 and 24 days of April 1685 at command of the said letters of high treason against the said Sir Hugh and Sir George Campbell and others, their accomplices, and by virtue of the said letters he did, in his majesty's name and authority with his majesty's coat of arms displayed, sound of trumpet and other solemnities requisite, command and charge the said Sir Hugh and Sir George Campbell personally apprehended within the tolbooth of Edinburgh, and delivered to each one of them a just duplicate of the said indictment, and commanded and charged several others, their associates, at their dwelling houses and market crosses therein specified to compear before his majesty's high commissioner and the estates of parliament within the parliament house of Edinburgh upon 15 May thereafter, and made certification as is expressed in the said letters and executions thereof, and that in presence of the witnesses mentioned in and subscribing to the said executions, together with the execution of the said additional libel bearing that upon 30 April 1685, James Guthrie, Dingwall pursuivant, by virtue of the said warrant signed by the said viscount of Tarbat, clerk register, passed to the tolbooth of Edinburgh wherein the said Sir Hugh and Sir George Campbell were prisoners within the room where they remained; and after three sounds of trumpet, public reading of the principal indictment signed as said is by the said lord register, with his coat of arms displayed, he delivered a full duplicate of the said indictments word by word with a charge on the foot of each one of the said duplicates to each one of the said Sir Hugh and Sir George Campbell, both personally apprehended, to compear before his majesty's high commissioner and estates of parliament at Edinburgh on 15 May then next to come, to answer to the several indictments given to them as said is in manner specified in the said executions, which are subscribed by the said James Guthrie, Dingwall pursuivant, and the witnesses therein mentioned. And thereafter the said George Ogilvie, Albany herald, and James Guthrie, Dingwall pursuivant, who did execute the said letters of treason and additional libel, and witnesses inserted and subscribing the said executions compeared personally in presence of his majesty's commissioner and estates of parliament, and after public reading of the said letters of treason in Scots and the said additional libel and executions of the same, the said herald and pursuivant and witnesses, being solemnly sworn and interrogated, testified and declared that the said executions formerly subscribed and stamped were truly executed and done in all points in manner therein mentioned. Thereafter his majesty's advocate declared that he proceeded against the said Sir Hugh and Sir George Campbell, the accused, upon that article of the libel anent their accession to the late conspiracy against his majesty's person and the person and government of King Charles II, being accessory thereto, or concealing and not revealing the same, and craved that the same might be voted as to the relevancy, and being found relevant admitted to his evidence. And the said Sir Hugh and Sir George Campbell, the accused aforesaid, being lawfully summoned to this action and compearing personally at the bar, and being asked, having declared that they had no defence to propose against the relevancy of that part of the libel and indictment proceeded on against them by his majesty's advocate. The which libel and indictment of high treason, with the respective executions thereof, with his majesty's letter, list of persons to be processed before the parliament, act of his majesty's privy council, and declaration of his majesty's advocate in manner aforesaid being at length heard, seen and considered by the estates of parliament, they found the aforesaid article of the libel, namely: the said Sir Hugh and Sir George Campbell's accession to the late conspiracy against his majesty's person and the person and government of King Charles II, being accessory thereto, or concealing and not revealing the same, relevant to infer the pain of treason against the said accused in manner libelled. After pronouncing of which interlocutor, his majesty's advocate, pursuer, did cite various and sundry reputable witnesses lawfully cited who were solemnly sworn, purged of partial counsel, and having formerly testified before the lords of the articles, compeared again before his majesty's high commissioner and estates of parliament; and having heard their depositions read over, they did publicly and judicially own the same and upon oath adhere thereto and subscribe the same. Thereafter his majesty's advocate desired that if any member of parliament pleased they might propose what interrogators they pleased to be asked at the witnesses for their own and the parliament's further information. And likewise his majesty's advocate did produce the deposition of Mr William Carstairs, taken first before the lords of the secret committee and to which he thereafter adhered before the privy council, which depositions being read, his majesty's high commissioner, the lord chancellor, the Lord Tarbat and [Sir David Falconer of Newton], president of the session, did own their subscriptions to that deposition, and declared that Mr William Carstairs did truly testify as his deposition bears. Thereafter his majesty's advocate, pursuer, cited the clerks of his majesty's privy council, who, being solemnly sworn, testified that the said Mr William Carstairs did truly testify in their presence as his deposition bears, and joined therewith the notoriety of the crime. And albeit the said point be sufficiently proven by the witnesses cited, present and testifying before the parliament, yet that no scruple might remain with any member of parliament where the witnesses were not personally present themselves, his majesty's advocate did instance several cases wherein the parliament had sustained depositions of witnesses taken before the lords of articles and sometimes before the lords of privy council whereupon they have proceeded to give sentence of forfeiture, as in the cases following, namely: in the process of forfeiture on 11 July 1604 against William Borthwick of Soutra for venting of false coin and for theft, being a landed man; namely: on the depositions and confessions of three or four of his accomplices made before the justices formerly, for which these accomplices were executed to the death, these confessions and declarations of accomplices taken before the justices albeit the persons were not present to verify their depositions, and so were only testimonies, the witnesses not being present; and the notoriety of the fact arising from their depositions and testimonies being referred by the advocate to the conscience of the parliament, they found it a full evidence and condemned and forfeited him. In the year 1600, in the month of November, in the process against [John Ruthven], earl of Gowrie, the depositions and confessions of Mr Thomas Cranston and George Craigengelt who were formerly executed to the death and the notoriety of the fact were cited as evidence. The same in the said parliament in the process of forfeiture against Alexander and Harry Ruthven, and against Hugh Moncrieff and Patrick Elliott. In the parliament of 1593, in the month of July, the depositions of parties taken before the justices, which parties were then executed, were sustained as evidence in the process of forfeiture against Francis [Stewart], earl of Bothwell. In the process against the three earls and [Sir Patrick Gordon of] Auchindoun in 1594, the deposition of Mr George Kerr, subscribed with his hand, and a missive letter sent with it by the said Mr George Kerr to the king confessing and revealing the treason is sustained as evidence. Item, [David Graham], laird of Fintry's confession who was formerly executed was sustained as evidence, and in this process also the advocate produced an interlocutor of the lords of the session subscribed by the clerk register, finding that infamous persons, minors and fellows in the crime may be witnesses in the crime of treason; and it was there alleged that the parliament, being the great assize of the kingdom, ought to decide according to their conscience and vehement presumptions in matters of treason by the written law of this realm Regiam Majestatem, book 4, chapter 1. And sentence was pronounced in the process of forfeiture against [Archibald Douglas], earl of Angus, Mr Archibald Douglas, parson of Glasgow, and Archibald Douglas of Pittendreich for treason in November 1581, the evidence against the said Mr Archibald is the notoriety of the deed, Mr Archibald's flight after he was accused, and the deposition of the late John Binn, servant to the said Mr Archibald. And in the evidence against the earl and the other persons there is use made always of a declaration made by one MacRandall to the king and council. In the said parliament in November 1581 in a process of treason against one [Thomas] Rorison [of Bardannoch] for false coin, the parliament found the libel proven by the advocate's production of the evidence, which was the depositions of witnesses taken long before by the lords of the articles and then produced by the advocate. In the process of forfeiture against John Hamilton, commendator of Paisley, the advocate produced the confession of the late Arthur Hamilton of Murietoune by way of proof. In the process against [Sir Robert Logan of] Restalrig in August 1608, confessions of persons executed, such as of George Sprott who had been formerly executed at Edinburgh, and depositions taken before the secret council. And which records of parliament being produced, these parts of them relating to these process were read out of the same publicly in parliament. And likewise his majesty's advocate did produce a confession by the defenders themselves before the secret committee, dated 13 September 1684, wherein the said Sir Hugh Campbell, elder, of Cessnock confesses that he met with the gentlemen, namely: Lord Melville, Jerviswood, Montgomery of Lainshaw, Commissary Munro, Sir John Cochrane and young Cessnock; and that they sent one to Scotland to prevent a rising if any should be designed upon the occasion of Blackwood's sentence; and confesses there was an oath of secrecy spoken of, but does not remember if it was taken; and that the meeting was at Jerviswood's chamber and that the person sent was Mr Robert Martin, late clerk to the justice court. And in respect that the said Sir Hugh Campbell, one of the defenders, did at that time delay to subscribe his deposition, the pursuer did cite various and sundry reputable witnesses, who, being solemnly sworn, examined and interrogated, testified that the said Sir Hugh Campbell made the said confession. And the said Sir Hugh and Sir George Campbell, the accused aforesaid, having at first compeared in presence of his majesty's high commissioner and the lords of the articles and thereafter before the high court of parliament, did judicially confess and acknowledge that they were present at the meeting mentioned in Commissary Munro's deposition in the city of London; and that there was present at that time George, lord Melville, Sir John Cochrane, Montgomery of Lainshaw, Mr Robert Baillie, sometime of Jerviswood, and therefore came in his majesty's will for the crime libelled at the instance of his majesty's advocate against them, as their confessions subscribed by them and by the lord high chancellor extant in process bear. The king's most excellent majesty and the estates of parliament, having considered the aforesaid libel of treason and additional indictment pursued at the instance of his majesty's advocate against the said Sir Hugh and Sir George Campbell, with the depositions of the witnesses and testimonies cited by the said pursuer, with the aforesaid confessions emitted before his majesty's high commissioner and the estates of parliament, the notoriety of the fact and other evidence cited by the said pursuer, they found and hereby find the said crime of treason (as it is found relevant) sufficiently verified and proven. And therefore his majesty and estates of parliament, by the mouth of John Leslie, dempster of parliament, decree and adjudge the said Sir Hugh and Sir George Campbell to be executed to the death, demeaned as traitors, and to undergo the utmost pains of treason at such time, place and in such manner as the king's majesty shall appoint. And ordain their name, fame, memory and honours to be extinct, their blood to be tainted, and their arms to be riven forth and deleted out of the books of arms so that their posterity may never have place nor be able hereafter to hold or enjoy any honours, offices, titles or dignities in time coming; and to have forfeited and lost all and sundry their lands, heritages, tacks, steadings, rooms, possessions, goods and gear, moveable and immoveable, whatsoever pertaining to them, to belong to our sovereign lord's use and to remain perpetually with his highness in property. Extracted.