George Porteous, Marchemount herauld, solemnly sworne. purged of malice, prejudice, and partiall counsell, and aged fourty-six yeares, or thereby, marryed, and interrogat upon the trueth and veritie of ane execution, under his hand, daited the twenty-first of June last, in obedience to ane act and ordnance of counsell, dated the sixteint of the said month of June, ordering the deponent to charge Alexander Halyburtoun, the pannell, and others, to surrender up the Bass, and to render themselves prisoners, under the paine of treasone, as the said act and ordnance more fully beares; depones that in obedience and conforme to the said act and ordnance, the deponent did truely and reallie execute the same, conforme to the tenor of the said execution in all points befor the witness therein contained; which act, ordinance, and execution, were judicially read and showen to the deponent; and farder depones, that efter he hade execute the said act and order of the counsell in the way and maner contained in the said executione, a man who owned his name to be Halyburtoun, spoke to the deponent over the wall, and told the deponent that they could not render the Bass, ffor they thought they would be in no better state then they were in before causa patet; and this is the trueth, as he shall answer to God. Sic Subscribitur, G. PORTEOUS. Henrie Fraser, Ross herauld, aged fourtyyears, marryed, purged of malice, prejudice, partiall counsell, and solemnly sworne, depones conformis precedenti in omnibus, with this variation, that he does not remember that the person who spoke over the wall head owned his name to be Halyburtoun; but he heard the boatmen say that it was Alexander Halyburtoun and ensigne Midletoun with him; but he could not distinctly know him, the wall head being so high from the place where the deponent was, which act and ordinance of counsel, with the execution thereof, were showen to the deponent. Causa scientie patet, ffarder depones, that when the papers were towed up the rock, to the best of his memory, he heard of the men who spoke over the wall say, they would not render the Bass; and this is the trueth as he shall answer to God. Sic Subscribitur, HENRY FRASER. pryseall of the Bass in June last, he was one of those that was imployed to lye at Castletoun to wait the motion of those that were within that island, and that about the end of harvest he was sent in with a drummer and two mariners, with a printed act of indemnity, to make ane offer thereof to him who commanded the garison for himself and the rest, if they would surrender the Basse to his majesty, and accordingly he was permitted to enter the rock and called for the commanding officer, and one Mr. Midletoun came to him and owned himself to be the person who commanded there in cheiff, to whom he delyvered his comission, and gave him the act in his hands, who after reading thereof huffed and appeared verie dissatisfyed; but cannot be positive whether Mr. Hallyburtoun, the pannell, was present there, when he first requyred the governour, or if he came sometyme after; but depons he heard them speaking together anent the said indemnity, and heard them express their detestation againest the present government, and heard them say they would receive comand from none but king James, who was the rightfull king, and that he knew Mr. Hallyburton, and that he hade a sword about bim and a gune, and that they detained the deponent prisoner, from Thursday at two o'clock, till Friday in the evening, upon the pretence that the king's souldiers hade taken away there boat; and haveing taken a view of William Fraser, prisoner at the bar, he thinks he sawe him in the Bass at that tyme, when he went in with the offer of the indemnity, causa patet; and this is the truth as he shall answer to God. Sic Subscribitur, JOHN SLOSS. James Wishart, a drummer in the earle of Leven's regiment, aged thretty-three years, marryed, purged of malice, prejudice, hatred, ill-will, and partiall counsell; depons that he went along with serjeant Sloass from Castletoun to the Bass, in the end of harvest of last, with ane offer of the indemnity to those who had surprised the rock, and that the serjeant went first up, and left him and the two mariners in the boat, and that afterwards he and the sea men were called for, and a litle English boy was put by them in the boat, and when he came up he sawe Mr. Hallyburton, and two or three more communing with the serjeant, but did not know what past betwixt them, but they thrust the two seamen in to the holl, and did detain forced them to drink king Jameses health, and the serjeant and the deponent all night, and ane other boat haveing come off from the land to see what was become of them, Mr. Midletoun gave orders for styleing a canon to shoot at it, but Mr. Hallyburtoun was against it, and the deponent thinks the distance was so great as the canon would have done no skaith; and farder depons, that they forced him to pull the feathers off the sollen goose, and that when he was goeing away with his drum, Mr. Midletoun caused take it and his sticks from him, but cannot charge their incivilities upon Mr. Hallyburton the pannal; and depones he begone; and that Mr. Fraser offered the deposawe Mr. Hallyburton, the pannall, have a nent a reed coat, and he swore he would never gunn in his band; and this is the trueth as he take up armes against king William, whereon shall answer to God; depons he cannot wreitt, Mr. Halyburtoun desyred William Fraser to Sic Subscribitur, LOTHIAN, I. P. D. C. let him allone to save his oath; and depones, that they were very ill used, haveing only a peck of meall in the week among four of them; and this is the trueth as he shall answer to God; depones he cannot wreitt. David Christall, boatman and skipper of the Janet, of Burntisland, aged thretty-eight yeares, marryed, purged of malice, prejudice, ill-will, and partiall counsell, and solemnly sworne, depones that in the moneth of August last, the boat called the Janet, of Burntisland, whereof the deponent was one of the saillors, being lyeing then at Leith, was fraughted to the Ffyffe-syde to carrie some provisions to the north side, and that amongst other passengers, William Fraser, the paunal now at the barr, and one Middletoun, were two, and when they were out, these two persons and others fell upon the deponent and the other boatmen, and comanded them to change their course, and steir straight to the Bass, and the deponent and the other seamen showing their unwillingness, they did beat them, and threatened to kill them if they refused; and that Mr. Midleton did hold a loaded pistoll and a bygonett to the deponents breast, who was then sitting at the helme, and that when they came to the Bass, the passengers took out all the provisions, consisting of meall, bisket, butter, brandy, &c. up to the Bass, and took the deponent and the other boatmen alongst with them, and keeped them there about the space of six days; and that he sawe William Fraser as active and busie as any other; and that he heard severalls shotts they tyme he was there, which he conceaves were levelled at fisher boatts goeing by; that he and the rest were forced to stand centries in the night tyme; and this is the trueth as he shall answer to God; depones he cannot wreitt. Sic Subscribitur, LOTHIAN, I. P. D. C. Edward Serples, seaman in Burntisland, aged thretty-four yeares, marryed, purged, and sworne; depones that he was one of the boatmen in the above mentioned boat that took in the provisions which were pretended to be goeing over to the Elie, and that William Fraser, the prisoner now at the barr, was with them; and when they were about the north syde of lush Keith, the passengers comanded them to steer towards the Bass, and particularly William Fraser did beat the deponent on the mouth, when he did not so readily complye with his demands; and when they came to the Bass, the said William Fraser was alse bussie as any of the rest in helping up the provisions up the rock, which consisted of meall, peise, bisket, brandie, and other things; aud that he and the rest of the seamen were forcibly detained in the Bass; and that he saw the said William Fraser shoot some cannons at fisher boats, and that he heard his neighbour who stood with him on centry say, that they purposed by it to droun the boatts, and when Swan, the old gunner, came near hand, Mr. Fraser would not let him medle but bade him Sic Subscribitur, LOTHIAN, I. P. D. C. Alerander Rankeiller, seaman in Burntisland, aged fourty yeirs, or thereby, marryed, purged, and sworne; depones that he was one of the seamen in the boat forsaid, and that when they were about Inshkeith he saw William Fraser, the pannell, with the rest, compell the seamen to steir towards the Bass; and in regaird of some of there aversion he sawe him beat Edward Serples on the mouth, and take John Thomson by the nose, and that William Fraser wes verie bussie in the disloadeing the boatt; and that the deponent being taken prisoner with the rest he saw him shoot on of the guns on the Bass at a boat goeing by, and that he would have forced the deponent to put on a reed coat, which he altogether refused, but he was necessitat to stand centry in the night with the rest of his neighbours, whenever he was comanded; and depones that Mr. Halyburtoun carryed very civilly to him; and this is the trueth as he shall answer to God. Sic Subscribitur, LOTHIAN, I. P. D. C. William Fraser, adduced his owne Petition, and The Persewer, for farder probation againest thereoff, whereoff the tenor followes : humble Acknowledgement, written on the back Unto the right honourable the lords justice generall, justice clerk, and commissioners of justiciary; the humble Petitione of William Fraser, prisoner at the barr, sheweth, That where the petitioner upon his comeing furth of the Bass, in last, in order to his taking the benefite of his royall majesties gracious act of indemnity, was the very next day he came to Edinburgh, to that effect, apprehended prisoner, and did and represent this his designe to the lords of privie counsell, by a former petition throwing himself on his royall majestie's mercie, and resolved to propone no defence againest his indytment; and now standing accused befor your lop's for the crymes contained in my lybell, in prosecution of my former application, the supplicant as of before humbly represents to your lop's, that as I have sincerely acknowledged all I know in relation to these matters for which I ame accused, so I intend to propone nothing by myself, or any lawyers, in my owne defence, but simply remitts myself to his royall majesty, for his gracious pardon and indemnity; and therefore humbly craves your lop's will delay my tryall till his majestie's royall pleasure be knowen, as to my particular case, or otherwayes dispose of your petitioner in thir circumstances, as your lop's out of your innate clemencie and goodnes sha). think fit. And the petitioner, his poor wyfe | Fraser, the pannall, guikie of the crymes ly and children, shall ever pray, &c. WILL. FRASER. Sic Subscribitur, said Petition : EDINBURGH, March 7, 1692. belled, conforme to his subscrybed confession, and the probation adduced. In witness whercellour att Edinburgh, the 8th day of March, of thir presents are subscrybed be the chansixteen hundred and four score twelve years. Written be James Livingston, clerk to the said assyse. Sic Subscribitur, Jo. HOME, CAN. JA. LIVINGSTON, Cik. Doom continued till the 16th March instant; thereafter to 24th. William Fraser, the pannall and petitioner within designed, being called to the barr, doeth judicially acknowledge, in presence of the lords and the assysers, the within written petition; and farder adds and acknowledges, that he is The Lords commissioners of justiciary haveguilty, of concurring with the other persones ing considered the verdict of assyse returned in the lybell, in carryeing in provisions to the againest Alexander Halyburtoun and William Bass; and surpryseing the boatmen, and mak- Fraser, prisoners, upon the nynth of this ing them prisoners, and carryeing them in pri- instant, whereby the assyse doe find it suffisoners to the Bass; and that he assysted with ciently proven, that the said Alexander Halythe rest of the garrison, to detain them pri- burtoun, while prisoner in the Bass, hade acsoners, in the way and maner lybelled, as also cession to and joyned with others in surprysedid concurr with the rest of those who did holding the garison of the Bass; and doe lykeout the Bass, while he was there, and is sensi-wayes find it proven that Alexander Halyble of, and heartily sorie for his guilt and ac-burtoun was seen with a gune in the said cession to those crymes, and does humbly throw himself at there majestie's feet, humbly begging and imploreing there mercie and clemencie may be extended to him. Sic Subscribitur, WILL. FRASER. The Lords ordained the assyse to inclose, and returne there verdicte to-morrow at ten ⚫'clock. March 9, 1692. The said day the persons who past upon the Assyse of Alexander Halyburtoun, and William Fraser, prisoners, returned there Verdict, in presence of the saids lords, whereof the tenor followes: The Assyse all in one voice, by the mouth of John Home, of Nynewalls, there chancellour, doe find it sufficiently proven, That Alexander Halyburton, the pannall, while prisoner in the Bass, hade accessione to, and joined with others in surpryseing the garrisone of the Bass, and lykewayes finds it proven, that the said Alexander Halyburtoun wes seen with a gune in the said island thereafter; and finds William island thereafter; and whereby the said assyse doe find William Fraser, the pannell, guilty of the crymes lybelled againest him conforme to his subscrybed confession and probatione; they therefor, be the mouth of John Ritchie, dempster of court, decerne and adjudge the saids be taken to the marcat cross of Edinburgh, Alexander Halyburtoun and William Fraser, to upon Wednesday the 25th of May nixt to come, betwixt two and four a'clock in the afternoon, and there to be hanged on a gibbet till they be dead; and ordaines there names, fame, memorie and honours, to be extinct, and there books of armes, sua that there posterity may armes to be riven furth and dilate out of the never have place nor be able herefter to brook or joyse any honours, offices, titles, or dignities within this realme, in tyme comeing, and to have forfaulted, amitted, and tint, all and sundrie their lands, heretages, tacks, steadings, roumes, possessions, goods and gear, whatsomever pertaining to them to our soveraigne lord and lady, to remaine perpetually with there majesties in property, which is pronunced for doom. Sic Subscribitur, C. CAMPBELL. David Home, Jo. Lauder, J. Falconar. 399. Proceedings against Captain JAMES MIDDLETOUN and others, CURIA JUSTICIARIE, S. D. N. Regis et Regina | wheras by the common lawe and the lawes of Curia legittime affirmata. Intran' Captain James Midletoun,† William Nicholson, late souldiers in the Bass, The Orthography of the record is preserved. In the small and rare Collection of Jaco bitical Tracts, (Memoirs of lord viscount Dundee, &c.) published in London, 1714, is given the following article relating to the case of these persons: "The Siege of the Bass. "The Bass is a strong rock in the Fryth of Forth, standing between Fife and East Lothian, within five miles of Dunbar, in which there was a garrison of fifty men, commanded by a captain and his respective officers, whereof Charles Maitland was governour, 1688, and defended it strenuously for his master, king James, till 1690. Then having small hopes of king James's restoration, wanting provisions, ammunition, and other necessaries, was forced to give it up to the government, who made Mr. Fletcher of Salton governour, he having four of king James's officers prisoners, they boldly surprised the garrison and sent all the soldiers ashore, which being reported in the country, where there were many loyal families, they were supplied with men, provisions, and ammunition. Intelligence thereof being carried to France to king James, there was a ship sent with all sorts of provisions and stores, and two boats, one that carry'd two pattareroes, twelve musquets, and rowed with twelve oars, and another smaller boat. "But afterwards their provisions falling short, the garrison sent the twelve oar'd boat "Afterwards there were two ships appointed shall be punished as traitors; and by the act 2nd act sess. 2, of the same parliament, it is Cha. 2, part. 1, sess. 1, cap. 5, it is declared, declared, that it shall be bigh treason to levie that it shall be high treason for the subjects of warr or to take up armes against the king, or this realme, les or more, to ryse or continew in to inty se strangers or others to invade any of armes upon pretext whatsomever without his his dominions; lykeas it is declared and statute, majesties speciall approbation; as also by the by the 2d act of this present parlia't, daited the 17 June, 1689, that it is high treason in any constantly to attend that service, whereby the subject of this kingdome, by writeing, speakgarrison was rendered uncapable of procuring ing, or any other mainer of way, to disowen, any provisions by the use of the boats; how- quarrell, or impugne their majesties royall power ever, there came after some time, a small and authority, or right and title to the crowne; privateer from Dunkirk, laden with rusk and and also by the common lawe and lawes, and acts other necessaries: but the garrison became so of parliament of this kingdome, the holding out weak of men, that they had not hands enough or assisting and aiding others to hold out in to hoist up the rusk, but were obliged to borrow armes or otherwayes any of the king's forts and ten sailors to assist them, and when they strengths against the king, or the usurping of had got only seven bags into the garrison, the the same, without lawe or warrand, or airt and largest of the two ships bore down upon the pairt of any of the crimes forsaids, are punishaprivateer, who was forced to cut her cables ble as treason: Nevertheless it is of verity, that to prevent her being run down, so that the gar- the saids captain James Midletoune, William rison was then in worse condition for holding Nicolson, and William Wotham, haveing shaken out than before, having ten sailors added to off all fear of God and regaird to their majestheir number, and only seven bags of rusk, ties authority and lawes, did, about the moneths which could serve but a short time; where- of November or December, ane or other of the fore the governor was obliged to put each dayes of the saids moneths, in the yeire 1691. man of the garrison to the allowance of two or in the moneths of Januarie or Februarie, or ounces of raw rusk dough in 24 hours. About one or other of the moneths of the yeire 1692, that time, Mr. Trotter was taken, and con- or one or other of the dayes thereof, or in the demned for aiding and assisting the place, and moneths of Janwarie, Febwarie, March, Aprill, captain Alexander Hallyburton, captain Wil- or May, 1693, or ane or other of the days ther liam Frazer, Mr. William Witham, and Mr. of, by or without commission from the late king William Nicolson, who belonged to the gar-James, come under the command of collonell rison, were taken on shore, and condemned to be hanged; and the day of Mr. Trotter's execution being come, the gibbet was erected at Castle-town, and he being brought to the place a gun was fired from the Bass, amongst the crowd, which terrified them, and obliged them to remove the gibbet to a farther distance, where he was hanged. The rest who lay in prison at Edinburgh under condemnation, were reprieved from time to time, till set at liberty by the capitulation. "At last the garrison being reduced to five or six days provision according to the abovementioned allowance, put out a flag of truce, whereupon the government sending to know what they wanted, the garrison replied, that they would surrender upon terms, and drew up their own articles, upon which the honourable privy council sent two of their number to the Bass, to acquaint them what conditions they would grant. "The governour, who had saved some bottles of the best French wine and brandy, and some fine bisket, made them drink plentifully, telling them there was no scarcity of provisions, and unless he had his own terms he would not surrender, delivering at the same time his articles to their lordships, and after they were gone, he ordered all the caputs, coats, and hats in the garrison to be put on the muzzles of musquets, to make them believe the place was full of men; upon which their lordships returned to the council, and reported how they were treated, and that the garrison was in every respect well provided, which induced the ho William Grahame, or some other person from Dunkirk, or some other pairt beyond sea, with the other persones in your company for recruiting the garison of the Bass, that at that tyme held out, and still holds out rebelliouslie against nourable council to comply with the governor's articles, which were, I. "That the garrison should come ashore with their swords about them, and there should be a ship appointed by the government with fresh provisions to transport such of them as were willing to go to Dunkirk or Havre-deGrace, and that in a month after the surrender, those who pleased to stay at home, might live without disturbance. II. "That all they had taken, or what belonged to them after they surprised the place,. they should be allowed to dispose of to the best advantage, together with their boats, and all things pertaining to any of them. III." That such of them as should incline. to go abroad might stay in Edinburgh, until the ship was ready, without molestation, and, have so much a day, according to their several stations. IV. "That all who had belonged to the garrison, or had aided or assisted it, should have the benefit of the capitulation; and those who were dispersed over the kingdom, should have a time to come in; and those who were condemned, in prison, or otherways distressed,, should be set at liberty the same day the garrison should come ashore, without any fees, or other charges whatsoever." |