Commons' Journals of that date. After that period, farther proceedings were had at intervals until the 21st of February 1695-6, on which day the House of Lords read the second time a bill which had been sent up from the Commons, intitled, "An Act for reversing a Judgment given against sir William Williams, for what he did as Speaker of the House of Commons, and for asserting the Rights and Freedom of Parliament." And Die Veneris, 21 Februarii. Ordered, That the said bill be committed to a Committee of the whole House, on Thursday the 27th day of this instant February, at ten o'clock in the forenoon. After which I do not find any farther entry respecting it. "This is to bring the priviledge of ye ⚫ Com'ons into question in West'r-hall, ""And to make those courts judge of the "priviledges of parl'mt, and consequently of "parl'mt, and to sett bounds to their proceed"ings and debates, and to make Westm'r-hall "superior to parl'mts." " Proceedings for the reversal of the judgment against sir William Williams were had so early after the Revolution as July 10, 1689. See 411. Proceedings against JOHN Earl of MELFORT, JOHN Earl of MIDDLETOUN, Richard Earl of LAUDERDALE, and several others, for Treason and Rebellion, inticing the French King to invade their Majesties Dominions, and remaining subject to the French King: 6 WILLIAM & MARY, A. D. 1694. [Now first printed from the Records of Justiciary at Edinburgh.] CURIA JUSTICIARIE, S. D. N. Regis et Regine, Tenta in Prætorio Burgi de Edinburgh, vigesimo tertio die mensis Julii millesimo sexcentesimo nonagesimo quarto,, per honorabiles viros, Adamum Cockburn, de Ormistoune, Justiciarie Clericum, Dominum Colinum Campbell de Aberuchill, Magistrum Davidem Hume de Crocerig, Dominum Joannem Lauder de Fountanhall, Magistrum Archibaldum Hope de Rankeillor, et Magistrum Jacobum Falconar de Phesdo, Commissionarios Justiciarii dict. S. D. N. Regis et Reginæ. Curia legitime affirmata. THE said day their majestie's advocate produced ane Act of Councill, dated the 19th in stant, approveing his causing raise and execute letters of treasone befor the saids lords against the persones mentioned in the following Act of adjournall, as being in France or haveing bein there contrair to the late act of parlia ment, and as corresponders with the late * K. William and Q. Mary's first parliament, April 18, 1693. Chap. 8, Sess. 4. Act against corresponding with France. "Our sovereign lord and lady, the king and queen's majesties, considering that this kingdom being now in a state of war with the French king, is in great and imminent danger from correspondencies with persons in bis doVOL. XIII. lord advocat to insist in and follow furth the king James, and granted warrand to the said said proces against the saids haill persones. minall letters of treasone dewly execute against Their majestie's advocat produced the cri. them, upon threescore dayes wairning, by a pursevant and trumpet, with their majesties minions: Do hereby, with advice and consent of his estates of parliament, statute and ordain, That none of the subjects within this kingdom, without express leave from their majesties, or their privy council, presume to go to the kingdom of France, or any of the dominions subject to the French king, after the first day of June next to come; or being already in the said kingdom of France or countries foresaid, presume to stay or abide therein after the first day of August next, without express leave from their majesties or their privy council, under the pain of treason. And further, it is statute and ordained, that none of the subjects of this kingdom presume without authority foresaid, to correspond, keep intelligence, or have commerce by letters, with any person residing within the said kingdom, or dominions, after the date hereof, under the pain of being punished as corresponders with declared traitors, and that this act continue and stand in force during this war, and no longer: As also that it be without any prejudice of any former acts made against treason or treasonable correspondences, or the punishment of such as have already incurred the pains thereof." 47 | John Gordone; ; captain Patrick Gra Ir Mair, coat of armes displayed, sound of trumpet, and gomerie, of using other solemnities necessar, at the Mer-hame, captains Robert and William Chairters, cat-cross of Edinburgh, pear and shoar of captain John Ramsay, leivtennant collonell Leith, as being out of the kingdome. Rattray, leivtennant collonell Olyphant, leivThe said day John earle of Melfort; the tennant collonell Douglass, Robert Stewart, earle of Middletoune; Richard earle of Lau- agent in Edinburgh; ensigne John Menzies, derdale; sir William Wallace, of Craigie; sir sone to Menzies, of Comrie; major Adam Blair, of Carberrie; Alexander M'Lean, Hamiltoune, of Killate commissar of Argyle; Alexander RobertCarmichaell, of Belsone, of Strówan; Mr. John Johnstone, bro- brae; captain James Murray, brother to Stenther to the earle of Annandale: Mr. Alex- hope, leivtennant; James Murray, captain; ander Maitland, brother to the earle of Lau- John Livingstone, captain; leivtennant John derdale; Maxwell, of Orchyeardtoune; Creichtoune, the captain of Clan Ronald; capMr. Thomas Wallace, of Elderslie; tain Robert Dunbar, the laird of Meldrum, sir Grahame, younger, of Duntroon; Alexander John M'Lean, of that ilk; sir Æneas M'PherTrotter, brother to the laird of Mortounhall; sone, Alexander Tait, skipper in Leith, called Mr. Andrew Hay, sone to the deceist Mr. Whyte Alexander; Alexander Tait, skipper Thomas Hay, sometyme clerk to the privy there, called Black Alexander; councill of Scotland; Mr. Charles Kinnaird, vine, of Stapletoune; captaine brother to the lord Kinnaird; David Lindsay, being of tymes called to have compeared befor secretary to the earle of Mellfort; collonell our saids lords, the said day and place, in the Thomas Buchan, somtyme designed lieut. hour of cause; there to have underlyen the generall Buchan; collonell Cannon, sir law for the crymes of treasone and lese majesCharles Cairney, otherwayes designed major ty comitted be them, in sua far as his majestie generall Cairney; captain Andrew Rutherford, being ingadged in a just and necessary warr somtyme captain in Dumbartounes regiment; against the French king, for the maintinance captain Patrick Auchmoutie, captain of the religione and liberties of the people. The Deans, captain M'Adams, captain haill fornamed persones being native Scots-men, Ruthven, leivtenant; Isaack Threrald, leiv- and borne subjects of the realme, contrair to tenant George Skeein; leivtenant John For- their naturali duty and alledgiance, did, in the rester, leivtenant Auchmoutie, ensigne moneths of June, July, August, and remanent Alexander Innes; leivtenants Daniel and John moneths of the year sixteen hundred and Beanes, ensigne William Sloran; ensign Ro- eighty nyne, upon the first, second, third, or bert Maxwell, leivtenant George Hempseed, ane or other of the dayes of ane or other of the ensign William Ramsay, somtyme in Hodges saids moneths, and upon the first, second, regiment; ensign Alexander Sandilands, third, or ane or other of the dayes of sometyme in Wauchop's regiment; ensigne the moneths of Janwary, February, March, Laurence Drummond, of ; ensign Wil-or liam Meinzies, brother to leivtenant Patrick Auchmouty, somtyme in the Scots guards; captain Robert Somervill, captain William Davidson, leivtennant William Maine, leivtennant Samuell Whynrabame, leivtennant James Henrysone, leivtenant Samuell Maxwell, leivtennant William Maxwell, ensigne Robert Sutherland, ensigne Alexander Sinclair, ensigne Charles Patoun, ensigne John Riddell, leivtennant John Bell, somtyme in D'Offerrall's regiment; ensigne William Innes, in D'Offerrell's regiment; ensigne William Lyon, in D'Offerrell's regiment; leivtennent Joseph Brodie, William and Hugh Sutherlands, nepheus to major generall Sutherland; Walter Nisbet, sone to Alexander Nisbet, of Craigintinnie; William Sinclair, sone to deceist - ane or other of the moneths of the year 1690, 1691, 1692, 1693, and Janwary, February, March, and Aprile, 1694, most treasoneably and undutyfully ryse, and joyne in armes and open rebellioue with the French king and his forces and armes against his majestie and his government, and their native countrey, did intyse the French king and his forces to invade their majesties dominiones, and to quarrell and impunge their royall power and authoritie, and right and title to the croune, did fight, resist, and oppose their majesties forces warring against the French king, in Flanders and elsewhere, particularly at Louden Stonekirk, att and near Mons, and Namure, &c. did aid, abait, assist, keep correspondence with, give help, redd, and councill to their ma Sin-jesties enemies, and the enemies of the Protestant religione, and their native countrey, went to and have remained within the kingdome of France and dominiones subject to the French king, ever since the dayes specified in the act of parliament past, in May, 1695, and to this very day, without leave from their majesties or the privy councill, as they who were lawfully cited upon threescore dayes wairning, att the Mercat cross of Edinburgh, pear and shoar of Leith, by a pursevant and trumpeter, with their majesties coat of armes displayed, and useing otlrer solemnities necessar, clair, of Dune; Charles Learmonth, sone to the deceist Learmonth, baillie of Edinburgh; Thomas Clerk, brother to the deceist master William Clerke, advocat; Robert Kinloch, of master William Pearsone, sone to Pearsone, somtyme minister at Stirline; Mr. David Drummond, attendant on the earle of Melfort; Alexander Nisbet, sone to Nisbet, merchant in Glasgow; and James Oswald, somtyme chaplaine to the lady Hacket; Cuthert, sone to Cathert, provost of Inverness; sir James Mont to have found sufficient caution and sovertie acted in the books of adjournal for their ap. pearance before the saids lords this day and place, in the hour of cause, to have underlyen the law for the crymes above mentioned, laufull tyme of day bidden, and they nor none of them enterand nor appearand, the lords justice clerk and commissioners of justiciary, therfore, be the mouth of James Guthrie, macer of court, decerned and adjudged the haill forenamed persones, and ilk ane of them, to be denunced our soveraigne lord's and lady's rebells, and ordained them to be putt to the horne, and all their moveable goods and gear to be escheat and inbrought to their majesties use, as outlawes and fugitives frae their majesties lawes for the crymes above specified, which was pronunced for doome. April 30, 1695. The said day anent ane petione given in to the saids lords be sir James Stewart, his majesties advocat, makeand mention, that where in ane justice court holden be the saids lords, upon the 23d day of July last bypast; John earle of Melfoort, John earle of Middletoune, Ritchard earle of Lauderdale, sir Wm. Wallace, of Craigie, sir Adam Blair,* of Carberrie, and 90 others, were declaired outlawes and fugitives, for not compeiring before the saids lords of justiciary, for their goeing to and remaing within the kingdome of France, after the 1st day of June, 1693, contrair to the eight act, fourth sessione of his majestie's current parliament, and for several other treasonable crymes committed be them in manner mentioned in the lybell, raised against them ther *See his Case, vol. 12, p. 1207. anent, and in the act of adjournal past therupon, and the haill persones above named and mentioned in the said act, being by his majestie's appoyntment cited or to be cited befor the estates of parliament, most of them (and all that are cited) to underlye the law for the treasonable crymes committed be them, and the rest as witnesses; and his majestie being willing that the persones indyted should (untill they be found guilty) have free liberty and allowance of defending themselves, and that neither they should be precluded from proponeing ther defences, nor the witnesses to be cited against them rendered incapable, through their being rebells, fugitives, or at the horne; and that therfor all the saids persones as weell pairties as witnesses may be relaxed, ad hunc effectum allennarlie, that they may have personam standi in judicio before the parliament, but prejudice to his majestie, of any casuality or benifite fallen to him throw their rebellione, therfore craving the saids lords would be pleased to grant relaxatione to the haill persones above mentioned, cited or sisted as pairties or witnesses, ad hunc effectum, that they may have personam standi in judicio, but prejudice to his majestie as aforsaid. The lords commissioners of justiciary, having considered the petitione above written given in be his majestie's advocat, they allow relaxatione to be exped for John earle of Melfort, and the haill remanent persones above mentioned ad hunc effectum allennarly, that they may have personam standi in judicio befor the parliament, and that the persones accused may propone ther defences, and those called as witnesses may be capable to appear and depone, but prejudice to his majestie, of any casuality fallen to him throw their being declared fugi. tives, or at the horne. 412. Proceedings against KENNETH Earl of SEA FORTH, for High Treason 9 WILLIAM III. A. D. 1697. [Now first printed from the Records of Justiciary in Edinburgh.] CURIA JUSTICIARIE S. D. N. Regis, tenta in Pretorio Burgi de Edinburgh, decimo quarto die mensis Junij, 1697, per honorabiles viros, dominos Colinum Campbell de Aberuchill, Davidem Hume de Crocerig, Joanem Lauder de Fountainhall, et Jacobum Falconar de Phesdo, Commis sionarios Justiciarii dict. S. D. N. Regis. Curia legitime affirmata. THE said day anent the criminall actione and cause intended, and depending befor the saids lords, at the instance of his majesties advocat, against Kenneth earle of Seaforth, makeand mentione, that where by all laws divine and humane, and by the laws and acts of parlia't of this kingdome and constant practiqe therof, the crymes of treasone, rebellione and lese majes ty are most strictly and severely prohibit, and particularly by the act of parliament, James first, parl. ffirst cap. 3, It is statute and ordained, that noe man notourly or openly rebell ag't the king's persone, under the paine of forfeiting of life, lands, and goods, and by the act James 2d, parl. 6th, cap. 13, It is ordained that none rebell against the king's persone or authority, and who sue makes sick rebellione, to be punished after the quality and quantity of sick rebellione, by the advice of the three estates; and if it happens any within the realme openly or nottourly to rebel against the king, or to make weir against the king's leidges, ag't his forbidding, in that case they are to be punished after the quantity of the trespass; and by the act James 2, par. 6th, cap. 24, It is statute, that if any man committ or doe treasone against the king's persone, or his majesty, or ryses in fear of warr against him, or resetts as the said earle gott intelligence of the said any that hes committed treasone, or that generall majors march, then he did convocat supplies them in help, red or councill, or or cause convocat, or were otherwayes assistthat stuffs the houses of them that are con- ing to the convocating in armes of the fensible vict of treasone, and holds them against the men in the countreys of Kintaill, Lochcarron, king, or that stuffs houses of their own in Lochelsh, and other places pertaining to or defurthering of the kings rebells, shall be pu- pending on him and his other vassalls, followers nished as traytors; and by the fifth act parl. or dependers, within the shyre of Ross or elsefirst, Cha. 2d, it is declaired, that it is and where, lykeas the s'ds persones and others disshall be high treasone to the subjects of this affected to the government, did assemble and kingdome, or any number of them more or less repaire in armes to the said earle as their head upon any ground or pretext whatsomever, to and chiftain, at least they being 1,500 less or ryse or continew in armes, to mantain any fforts, more, and in a sort of a camp he was therre strengths or garrisones, to make peace or warr, present with them in armes, commanding, asor to make any treaties or leagues with for. sisting, or otherwayes abaiting them, against raigne princes or states, or among themselves, or at least without their majesties speciall auwithout his majesties speciall authority and ap- thority and approbatione first therto interponed; probatione first interponed therto, and all their and particularly upon ane or other of the dayes majesties subjects are discharged to offer upon of the moneths of March, Apryle, May, June, any pretext whatsoever to attempt the doeing July, August, September or October, in the of any of these things hereafter, under the year 1690, and att or about a place called Achelpaine of treasone; and by the 2nd act of the trie near to Brand, and in other places near to second sessione of the same parliament, it is the laird of Coulls house in the shyre of Ross, statute and ordained, That if any persone or the said earle was there in armes with the persones shall heirafter plott, contryve death saids rebellious company, who had collours and destruction to the kings majestie, or to de- displayed, and he went under the title of marpryve, depose, or suspend him from the style, quess of Seaforth, &e. major generall to king honour and kingly name of the imperiall croune James fforces, or was otherwayes with them of this realme, or any other of his dominiones, threatning destruction to all that owned their or to levy warr or take up armes against his majesties government, at least he was in armes majestie, or any commissionat by him, or shall in manner forsaid, without their majesties auintyse any strangers or others to invade any of thority and approbatione, and when by reasone his majesties dominiones, every such persone of major generall M'Kays sudden march, Bubeing legally convicted, shall be decerned, de- chan was necessitat to retire with his horse to elared and adjudged a traytor, and suffer for- the highlands, the said earle not having gott faulture of life, lands and goods, as in cases of his men togither to joyne with Buchan, yet high treasone; and lastly by the 2nd act of the continued his camp with the forsaid rebells, first sessione of this current parliament, it is daylie convocating and increaseing their numdeclared to be high treasone in any of the sub- ber during some dayes that generall major jects of this kingdome by wryteing, speaking, M'Kay continued att Inverness, waiting upon or any other manner of way to disowne quar- the coming up of their majesties forces from rell or impugne their majesties royall power the south, wherby the generall major discoverand authority, or right and title to the crown: ing the said earles obstinat rebellione, and apNeverthelesse, it is of verity that the said Ken- prehending that he might withdraw with those neth, earle of Seaforth, shakeing off all fear of in armes with him to the inaccessible highGod and regaird to their ma'ties and their lands, and joyne with the other rebells there in lawes, being suspected as disaffected to the armes, he upon the 30th day of August, 1690 late happy revolutione, and therupon put under years, or therabout, gave commissiones to the and arreist at London, in the year 1689, until laird of Balnagowan, and major George Wishgenerall major M'Kay became baill for him, art and others, to attack with the forces apdid upon one or other of the dayes or moneths poynted to them, the saids earles countries of of the said year breake your baill, and run Assin-Lochglun and others, and to destroy the away and repaired to the late king James then same by fire and sword, which persones hav in Ireland, wadging warr against their majes- ing marched to those pairts in obedience to the ties, and continued there dureing that rebel- saids commissiones, the inhabitants of these lione untill that in the end of the year 1689, countreys being then in armes with the said the said earle landed in the Lewes, and from earle, did leave and desert him, which occathence came to the ffort of island Donald, be- sioned the dissolving of his camp, and the forces longing to himself, where he continued for se- that were with him forced him to send some of verall moneths, keeping intelligence with ge- his friends pairtly to the generall major and pairtnerall major Buchan, who was then in armes in ly to those commissionat, as said is, to stope their open rebellion ag't their majesties in this king-hostility, wherewith the said earle was threatdome, commanding a party of about fyve hundred horse, with whom he purposed to have joyned, at least have assisted, or at least have appeared in armes with bim in the foresaid rebellione, ffor accomplishing whereof soe soon ned, and being thus deserted and brought to ex tremeties, and not till then, he delyvered himselfe when he could doe noe better, to the said generall major, by all which the said earles wicked and evill practices he was guilty of the cryme of treasone, lese majesty, seditione and riseing in armes against their majesties government, at least airt and pairt therof, and therby he hes incurred the paines of treasone and rebellione viz. the forfaulture of life, lands, and estate, and ought and should be punished therwith, to the example and terror of others to doe the lyke in tyme comeing. Which criminall actione and cause being oft and diverse tymes called, was continued from day to day till this day, and the samyne being this day called, compeired sir James Stewart, bis majesties advocat, as pursuer on the one pairt, and on the other pairt compeired Mr. David Forbes advocat, and gave in ane act of councill for deserting the dyet, wherof the tenor followes : At Edinburgh the 18th day of March 1697. The lords of his majesties privy councill, having considered his majesties letter direct to them of date the first day of March instant, authorizeing and requyreing them to sett the earle of Seaforth att liberty, who as he is informed hes rendered himselfe prisoner to the garrisone at Inverness, and cast himselfe upon his majesties mercy, upon sufficient bale to live peaceably and appear when called for, and recomends to the lord advocat not to insist in the criminal process against the said earle, during his majesties pleasure, they doe hereby give order and warrant to the governour of the garrison of fort William, and in his absence to the next commanding officer there, to sett the The lords commissioners of justiciary, conforme to the above written act, and by consent of his majesties advocat, deserts the dyet simpliciter against the earle of Seaforth, whereupon his procurators asked and took instruments. 413. Proceedings against Mr. ALEXANDER PITCAIRNE, a Minister of the Church of Scotland, for High Treason, and disowning, quarrelling, and impugning of his Majesty's Royal Power and Authority, and Rights and Title to the Crown: 9 WILLIAM III. A. D. 1697. [Now first printed from the Records of Justiciary at Edinburgh.] CURIA JUSTICIARLE, S. D. N. Regis tenta in Curia legittime affirmata. vocat for his highnes interest, and by speciall warrant of the lords of his majesties privy councill, that where by the second act of the first session of this current parliament, intituled Act Recognoscing his Majesties royall authority; it is declared to be high treasoné in *Act recognizing their Majesty's Royal Authority. "The Estates of Parliament considering that the king and queen's majesties have accepted of the crown of this realm, tendered to Mr. Alexander Pitcairn, minister at South-them by the meeting of the Estates in their ronaldshay, now prisoner in the Tolbuith of Claim of Right, dated the 11th day of April Edinburgh. last, and according thereto have sworn the oath appointed by law to be taken by all kings and queens of this realm, before they exerce their regal power: therefore the Estates of Parlia in YOU are Indyted and accused, at the stance of sir James Stewart, his majesties ad |