captain Blair, captain Fisher, Mr. Ubank or Hewbank, Mr. Bartram, captain Boyce, and some others, whose names have escaped the author's memory: they were all ordered to assemble at the said lord chief justice's chambers in Serjeants-inn in Chancery-lane, which they did, and were there examined upon oath by his lordship, in order to the trials of major Lowick, major Bernardi, captain Knightly, and captain Rookwood, which four were designed to be tried next after the condemnation and execution of captain Charnock, Mr. King, Mr. Keys, sir William Perkins, and sir John Freind, for being concerned in the said vile and villainous plot. Captain Boyce deposed upon his examination, that he had known major Bernardi a captain in the Dutch service, where he bore a very good character, but that he had not seen him in five years then last past. Mr. Le Rue deposed, that he also knew major Bernardi, but could lay nothing to his charge; and that the last time he was in his company, to the best of his remembrance, was at least two years before the assassination-plot was discovered. Captain Porter and the rest declared, endeavouring to make way for his children with his cane, gently moving it, happened to push Mr. Porter on the back; who asked, What the meaning of it was? But sir James, as he designed him no affront, took no notice of what he said; and still pressing for more room, accidentally hit Mr. Porter on the nose or mouth, and made it bleed; upon which the prisoner supposing himself to be affronted, and jostled or brushed by the deceased, (who had the cane still in his hand) drew his sword, and, without further consideration, run the deceased into the thigh, so that the weapon appeared both ways, cutting likewise his fingers, whilst he struggled to draw it forth; whereupon the prisoner recovered his sword, (the deceased at that time sinking down) but had no further opportunity to push at sir James, here it was seized by a gentleman present; whereat the prisoner expressed much indignation, and get ting it once more at liberty, stood upon his guard, saying, he had served one already as he had deserved, or to that effect; yet the deceased, after the wound received, went home in a coach, and lived till the 26th following, and then died in the parish of St. Martin's in the Fields.The defence the prisoner made, was, that he had received a push in the mouth, as he verily believed, from the deceased, and by that means became so rashly unfortunate, as to run him through the thigh; adding, that he knew not the person that fell through this occasion, and therefore could have no premeditated malice against him, &c. whereupon the jury returning their verdict, found him guilty of manslaughter only; by which means he was not found guilty upon the statute of stabbing; upon which statute he was charged with a second indictment: but the next heir brought an appeal. At the next sessions, held the 16th and 17th of January, 1684, Mr. that they never had any knowledge of major Bernardi. Thereupon major Bernardi was struck out of the number or list of the four designed for trial, and Mr. Cranburne was ap pointed to be tried in his room, to make up number four. They were all four tried accordingly, and condemned. Three of them, viz. Major Lowick, captain Rookwood, and Mr. Cranburne, were executed soon after. Captain Knightly, who pleaded guilty, was by great intercession reprieved, and some time after pardoned upon the terms of banishment. Now followeth a remark upon a mistaken notion frequently broached and argued abroad, to the great prejudice and wrong of major Bernardi and his two remaining fellow-sufferers, Blackburn and Cassels, viz. That there was one evidence against them, and only one to be come at, they having artfully spirited away and decoyed out of the kingdom one other evi dence, who could have proved them concerned in the fact, which was the ground and foundation of the parliament's passing the first act for their confinement. Major Bernardi takes upon him positively to deny that fact, and to Porter prayed the court, that he might be admitted to his clergy; but was answered, that an appeal being already brought and allowed, it could not be granted. Then he desired he might have his prayer recorded; but that not being practicable in such cases, he was only admitted to bail, himself entering into a recog nizance of 1,000l. and his sureties 500/. each; and ordered to move it by his counsel the suc ceeding term, at the King's-bench bar. Though at the next sessions held at the Old-Bailey, the 25th of February following, Mr. Porter pleaded his majesty's most gracious pardon for killing sir James Hacket, which was read and allowed, and be discharged.* evidence against Charnock, King, and Keys This captain Porter, as a reward for giving (his servant), sir John Freind, sir William PerJohn Fenwick, &c. had a pension settled on kins, Brigadier Rookwood, Mr. Cranburne, sir him of 260l. per annum, which he enjoyed till about June 1728: for the probate of the will of this George Porter, late of the parish of St. James's, Westminster, esq. was granted in the prerogative-court of Canterbury, July 4, 1728, trix; so entered in the Pension-office_books, unto Elizabeth Porter, his widow and execuand in auditor Harley's and auditor Foley's office, July 1728. Captain Fisher had likewise a pension of 2601. per annum for being less sums. an evidence in that Plot, as had others, but * Captain Porter, in Rookwood's Trial, (see p. 182,) was excepted against by the pri soner's counsel, as incapable of being a witness, standing convicted of felony, for killing sir James Hacket, knt. 36 Car. 2. But having got the king's pardon, was allowed a legal wit» ness, though not burnt in the hand. he [786 affirm that nothing can be more false and un- not put in dungeons, or otherwise ill used in true: for no one evidence or discoverer of that prison; but he is always handsomely provided abominable conspiracy was ever prevailed on for, and allowed a liberal subsistence by the to abscond or quit the land, or ever absented government according to his rank and degree: himself, while the government had any use or But in our said English Bastile no state- prisoner occasion for him. Mr. Goodman indeed, the has any allowance made him from the governstage-player, had been a copartner evidence ment, and in case he hath not of his own, with captain George Porter against sir John must live upon charity, if he can be so happy Fenwick, who was charged by them with as to meet with it, or starve: and in case he being concerned in a different species of trea- hath any known substance, he must expect to son, with other persons of quality, by endea- be squeezed out of a great part of it, or he shall vouring to procure an invasion from France, have much worse lodging than many a toleratwo years before the assassination-plot broke blé dog-kennel of a kind good-natured country out, though sir John Fenwick was not accused esquire would make, be loaded with irons, and by Goodman and Porter till that time. True used worse than a dog. And all this is perit is, that the said Goodman was soon after in- mitted or connived at, under a government, the fluenced by a bribe and fair promises (as is voice of whose people is almost perpetually supposed) to quit the kingdom, thereby to pre- boasting of liberty and property, the words livent sir John Fenwick's being convicted of berty and property being ever uppermost, ånd high treason by the common law; which oc- at their tongues end, and they constantly ex-. casioned the parliament's passing a bill of at- claiming against arbitrary power: But God tainder against him, which took away his life. alone knows the sincerity and soundness, or the But that was not the case, in any respect, hollowness and deceitfulness of men's hearts. of Bernardi, Counter, Meldrum, Chambers, Can it be accounted for, that so much oppresBlackburn, and Cassels, or any of them: nei- sion should be suffered to be practised in a free ther was Goodman ever so much as mentioned and Christian nation (as England is); and, on or charged with the knowledge of, or of being the contrary, that so much humanity and relief in any manner concerned in the assassination- should be shewn and used to state-prisoners in, plot; so that he neither was, nor could be an distress in France, under an absolute and arbievidence against any one upon that account. trary government? Sure it cannot proceed from Providence was so gracious, merciful and in- the French being more honest, more polite, dulgent to major Bernardi, in the midst of his more humane, less malicious and revengeful, miseries and afflictions in Newgate, as to pro- or of a more generous and Christian temper, vide him a second virtuous, kind and loving than the English. For my part, I am so far wife, in the year of our Lord 1712, who hath from asserting it, that I will not so much as proved to him a true helpmeet, having by her think it. But this I will affirm, that what I good management and industry, and great and have before observed with respect to the differkind care of bim, contributed much to his sup- ent usage of prisoners, in the two several basport and comfort, and to the keeping of his tiles of the different nations, is not more heart from breaking, under the worst of his strange than true. And now 1 have nothing hardships, difficulties and distress. And by her more to add hereunto, but my hope and earnest he bath had, during his confinement in New desire, that such as, out of curiosity or othergate, ten children, who in respect of charge and wise, shall give themselves the trouble to read expence under his strait and narrow circum- this small tract, will be pleased to judge fastances, and under his immurement, or being vourably of me; to which intent I was chiefly buried alive, have been no small burthen to him; moved and induced to the pains of writing it in yet he esteems them great blessings bestowed my old age, and to prevent an infamous and upon him by Almighty God, at whose tribunal, odious character of me from being wrongfully after this miserable and wretched life ended, he and injuriously handed down and transmitted knows he shall appear innocent of the heinous to posterity; the very thoughts of which have and monstrous crime laid to his charge; and been more grievous to my mind, and more for the bare mistaken suspicion of which he hath piercing and wounding to my spirit, than all in three reigns (and for near a year and three the rest of my hardships and sufferings, which quarters in a fourth) been so severely treated: will ever be the case of a man well born, having and then he shall, if not sooner delivered by any an honest heart, a soldier, and a man of hoking upon earth, God Almighty's vicegerent nour. Such a man can ill bear reproach and here below, be delivered from the English disgrace, not having deserved it, and to whom bastile (vulgarly called Newgate) by the great his good name and fame must be ever dearer, and merciful God himself above, the king of and by him held in much greater esteem, kings, and only ruler of princes. It may not than any other thing in life, nay, even than be improper here to distinguish our said Eng-life itself, and the author being old, as befish bastile from that in France, and to shew in what circumstances they materially differ. To which end know, candid reader, that a stateprisoner in the Bastile in France pays not, nor is squeezed out of any thing for his lodging, meat, drink, or ease, nor is loaded with irons, VOL. XIII, fore mentioned, and (as he doth bereby frankly own) unlearned, and not skilled in letters, having chiefly been trained up in war, and not much in scholarship, he humbly hopes the same may in some measure plead his excuse for such defective words as may be found in this his 3 E short narrative, and for the plainness, and un- | misfortune to him, the same is verified in this, uncorrectness of its stile. Untruths or misre- that he hath thereby survived almost all. his presentations there are none in it, to the best of contemporaries, friends, and acquaintance, who his knowledge and memory; nor hath he in- have contributed to his support. And it is now tentionally, or at all, to the best of his judgment, too late in the day, and under confinement for herein reflected upon any person whomsoever him to hope or expect to make any new ac in any wise, or upon the power, justice, or wis-quaintance or friends, whereby be may reap dom of the several parliaments, by whose renewed acts, from time to time, his confinement in prison hath been spun out to so great a length nor upon the courts of justice and learned judges presiding therein, who have had the several opportunities before-mentioned of discharging or bailing him according to law, further or otherwise than as any reflection upon apy of them, from the particular facts by him herein plainly, truly, and impartially stated, may naturally and unavoidably arise and result. One very great misfortune it hath been to the author, and the last that he will trouble his reader withal; and which would scarce, in the case of another, be deemed a misfortune, but rather on the contrary be esteemed a very great blessing, viz. That he hath lived to so great an advanced old age, which most people would naturally desire to do, life generally speaking, being sweet, and the very thoughts of death abhorrent and shocking to nature; though death, when all other friends fail, is most certainly a kind and sure friend and deliverer in time of need, from chains and gaols, an hell upon earth: But to explain and make out, that the author's having lived so long hath been a any advantage or assistance under his present. March 1, 1728. He died at his chambers in the Press-yard in Newgate, the latter end of September, 1786, in the 821 year of his age, having been a stateprisoner about 40 years in that gaol, without trial or any allowance from the government. 396. Proceedings against Sir DUNCAN CAMPBELL, and other Heritors of the Shire of Argyle, for High-Treason:* 1 & JAMES, VII. (of Scotland) A. D. 1686-1687. [Now first printed from the Records of Justiciary in Edinburgh.] CURIA JUSTICIARIE, S. D, N. Regis tenta in the instance off sir George McKenzie, of Pretorio Burgi de Edinburgh, quarto die Rosehaugh, his majestie's advocate, for his mensis January 1686, per nobilem et po-highnes entrest against sir Duncan Campbell, tentem comitem Georgium Comitem de of Auchinbreck; Archibald Campbell, sone to Linlithgow, Justiciarium Generalem, et the lord Neill Campbell; Donald Campbell, honorabiles viros, Jacobum Foulis de Col-elder, of Barbreck; John Campbell, younger, lintoune, Justiciariæ Clericum; Davidem off Melfort; Archibald Campbell, off Dana Balfour de Forret; Rogerum Hoge de (prisoner); John Campbell, of Knap; maister Harcarss; Johanem Lockhart de Castle- Alexander Campbell, advocat; Dougall Camphill; et Alexandrum Seattoune de Pit- bell, off Kelberrie, younger; the deceast Alexmedden; Comissionarios Justiciariæ dicte ander Mc Millan, of Drumore, Donald Mc S. D. N. Regis. Neill, of Crier; Collen and Duncan Campbells elder and younger, of Blairintibert; Duncan Campbell, of Carridell, elder; Alexander Campbell, of Marr; major - Hender son; captaine John Foulertoune; Mr. Curia legitime affirmata. THE said day anent our soveraigne lords criminal letters raised, used, and execute at "Oct. 12, 1685. Sir Duncan Campbell, of Auchinbreck; Mr. Alexander Campbell, Advocate, and many others of that sirname, are cited on 60 days for joining with Argyle. And being called at Criminal Court on the 14th of December to be forfeited on probation, were continued to the 5th of January, 1686. "Jan. 5th, 1636. At Criminal Court, sir Duncan Campbell, of Auchinbreck, and thirtytwo more, Argyleshire heritors, mentioned 12th P Forrester, minyster; Mr. George Wishart, preacher; Mr. Alexander Hastie; John Guthrie; John Rodger, sometyme in Borroustounes, Guner; Wafter October, 1685, are forfeited for joining with Argyle in his rebellion. The witnesses against them were the faird of Ellangreig, &c. though under process of treason themselves. Among others, was Campbell, of Otter, whose estate the king has gifted to commissar MLean, son to the bishop of Argyle. There were sundry apparent heirs among the forfeited, whose second brothers were on the king's side with Athole. It were but charity to encourage them, to make them donators to their brothers forfeiture. "January 11th, 1686. Campbell, of Ellangreig, is forfeited for being with Argyle; but he relies on a promise of the marquis of Athole's to get him a remission." Fountainhall. “Jan. 4, 1686. The Advocate produced an Indictment upon the score of rebellion against Campbell and others. There are a vast many persons put together in this indictment, upward, I think, of four score, most part are gentlemen of the name of Campbell. name but some of them of most note: Sir Duncan Campbell, of Auchinbreck; Campbell, of Barbreck; Mr. Arch. Campbell, son to lord Neil Campbell, whom we had forfeited before, and how he comes in again here I know not; Campbell, younger, of Melfort; Campbell, of Knap; Mr. Alexander Campbell, Advocate; Campbell, of Kilberry, younger; Alexander Macmillan, of Drummore; David M'Neil, of Crer; Duncan Campbell, of Carridel; Alexander Campbell, of Otter; major Henryson; captain John Fullerion; Mr. Geo. Wishart, (I fancy it ought to be Barclay) preacher; Mr. Alexander Hastie, preacher; Robert Elphiston, of Lapness; captain John Henry; Patrick Campbell, commonly called Black Patrick; Patrick M Kater, of Inchrennie; Archibald M'Levernock, of Oab; Iver M'Iver alias Campbell, of Aishness; Campbell, of Earnathen; - Campbell, of Kildaven; Ker, of Kersland, younger; John Campbell, of Dargachie; Rt. Campbell, his brother; Dugal Mactavish, of Dunardrie; Alex. Macarter, captain of the late Argyle. "There is nothing of probation against those persons in the Registers; but they are remitted to the assize, who bring them in as being guilty in the rebellion with the earl of Argyle, and the Lords sentenced them to be executed and demeaned as traitors when apprehended in comthon form. "Jan. 18th. Duncan Campbell, of Allengreig, younger, confesseth his accession to the late earl of Argyle's rebellion, casts himself upon the king's mercy. He, with his father Colin Campbell, of Allengreig, are sentenced to be executed July 9, at the Cross of Edinburgh, but remissions were got by that time. And December 7, Campbell, of Balnavie; Campbell, of Dana; Campbell, of Balgaltro; Maclachlan, Browne; Lapness; captain captain John Hendry, in Borroustounes; Patrick Campbell called Black Patrick, sone to Mr. John Campof Barnageid; Maclachlan, of Dunad; Campbell, of Blairin-tibbert, were sentenced to be executed and demeaned, &c. in common form. This is all I meet with as to the gentlemen concerned with Argyle this year: we shall meet with some more next year; it was their estates now they were seeking for more than their blood." 2 Wodrow, 587. Robert Elphinstone, off I have not observed that these proceedings are mentioned by Burnet (who, indeed, was upon the continent of Europe when they occurred) or by Mr. Laing: yet several particulars in these proceedings, highly illustrate the character as to state prosecutions, of king James the 7th's government in Scotland; and of the pannels included in the dittay of this first case, some were absent, and some were dead; of some the abodes, of some the Christian names, and of some the surnames are omitted. And the proceedings against the Campbells, of Allangreig, exhibit a most remarkable spectacle, a prosecution to conviction, on the part of the crown, of two persons charged with rebellion, who were tried within a fortnight after the crown had had the benefit of their testimony for the conviction of others who were charged to be their associates, and who it should seem were their neighbours, their friends, and their relatives. In the first act of the second session of the first (and only) parliament of king James the 7th, 1686, (Act of Dissolution of the Lands of Cesnock and Duchal); and also in the ninth act of the same session (Act of Annescation of the Baronies of Muirhall and Melfort to the crown) it appears that James had (March 19th, 1686) granted to Melfort the lands of sir Duucan Campbell and other panuels named in this first dittay; and also of Colin Campbell, elder, of Allengreig, and Duncan Campbell, younger, thereof," which fell in his majesty's hands by the forfeiture of the forenamed persons." The unsparing rapacity of the court devoured at once the jackall and his prey. See, also, Act 18, of the second session of the first (aud only) parliament of king William and queen Mary, A. D. 1690: Act rescinding the Forfeitures and Fines past since 1665.' Patrick Campbell, who was produced as a witness on the part of the crown, upon the trial of Campbell, of Oab, and others, was, it appears, at that time himself under sentence of death. In the act rescinding the forfeiture of Fletcher of Saltoun (chap. 16, of king William and queen Mary's first parliament) one of the grounds of reversing the judgment of Mr. Fletcher is stated to be, that the witness against him was under the terror of death, and temptation of a remission as standing charged with and prisoner for the same alleged crimes, and not pardoned till he had deponed in court. majestie's kingdomes of Scotland and England, for killing and murdering, at least seazing upon his majestie's sacred persone and his royall brother, our laite gracious soveraigne king Charles the second, and for raiseing open warr and rebellion in both kingdomes, and for furnishing men, money, ships, and armes to the laite earle of Argyle, for that effect, and accordingly the said laite earle of Argyle, and severall others, rebells and traitors with them, did most treasonablie invade this his majestie's kingdome with men, ships, armes, and amonitione, and landed with them in the west highlands off Scotland, upon the day of May last; and no sooner hade they landed then the haill remanent persons defenders rose and joyned in open armes and rebellione with them, and did convocat and gather together his majestie's leidges to the number off bell; Donald Campbell, of Belnab-relivant to admitt the samen to the knowledge bie, younger; Patrick M Arthur, off ane assize, and upon the verdict of the inof Inchrine; Archibald M'Hivernoch, of quest finding the samen to be provine, the Oatter; Alexander Forrester, of Knockreoch- doom and sentence of forfaulture ought to prebeg; Iver M Iver alias Campbell, of Asknish; ceed, and be given and pronounced in the same the deceased Dugall M'Avish, of Dunardrie; manner as iff the persons accused hade comAlexander Campbell, of Cunachan; the de- peired and were present: Nevertheless, it is of ceased Dugall Campbell, of Auchterearlie; veritie, that the saids sir Duncan Campbell, -off Mielvernoch, Neill Campbell, of En- Archibald Campbell, and haill remanent pernachan; Colline Campbell, of Allangreig, sons defenders, shackeing off all fear of God, elder; Archibald Campbell, sone to Mr. John respect and regaird to his majestie's authoritie Campbell; John Campbell, of Kildalvie; and laws, have presumed to comitte and are Kerr, of Kersland, younger; John Nisbet; guiltie off the saids crymes in sua farr as ther Fleming; John Jamesone, being in the year 1683 years, ane hellish and in Borrowstounes; Archibald Campbell, off damnable plott and conspiracie entered into Auchtermore; John Campbell, of Dargachie; by the late earles of Shaftsberry, Essex, ArRobert, Donald, Archibald and Hugh Camp-gyll, and other rebells, subjects of this his bells, his brethren; Alexander M'Arthur, captain to the late Argyle; John Gibsone, son to Andrew Gibsone, merchand, in Glasgow; Donald Mivornock, off Ardmacbreck;* make and mentione, That where notwithstanding be the common law, laws and acts off parliament off this his majestie's kingdome, and constant practiq thereof, particularlie be the third act first parliament and threttie sevent act second parliament of king James the first, and be the fourteinth act, sixt parliament and fourtie nynt act twelvt parliament king James the second, nyntie sevent act sevent parliament king James the fyth, and ane hundred and fourtie fourt act twelt parliament king James the sixt, and fyfth act first sessione first parliament king Charles the second, the ryseing of his majestie's subjects, or any number off them, the joyneing and assembling together in armes, without and contrary to his majestie's comand, warrand, and authoritie, and the abaitteing, recepting, assisteing, intercomoning, and keeping correspondence with such rebells, supplieing them with red, help or councill, or giveing them any relieffe or comfort, or the not searching for or not apprehending of them, or not expelling them furth off the countrey, or not giving tymeous intelligence off them to that effect, are most detestable, horrid, heynous, and abominable crymes off rebellione, treasone, and Jese majestie, and arr punishable by forfaulture off lyfe, lands, and goods; and be the eleventh act first sessione second parliament king Charles the second, it is statute and ordained, that in tyme coming in all cases of treasonable ryseing in armes, and open and manifest rebellione, against his majestie, his advocat for the tyme may, and ought to insist against, and prosecute such persons as he shall be ordered be his majestie or his privie councill to persue; and iff they be cited and doe not compear, the justices, notwithstanding of ther absences, may and ought to proceed to consider and give ther interlocutor upon the lybell, and iff it be found *The same names appear in different places to be differently spelled in the originals, It is not always easy to decypher the MS. Where blank spaces appear in this text they occur in the originals. thousands, within the shyres of Argylle Tarbat highlands, and isles therabout, against his majestie and his authoritie, did issue furth treasonable proclamations and declarations, did take in and maintaine forts, strengths, and garrisons against his majestie and his forces, did robb and plunder the goods and houss of his majestie's good subjects, randevouzed and exercised themselves, did scoutt furth, kill and murder severalls off his majestie's good sub jects, and did continew in open and aroued rebellion against his majestie and his authoritie, comitting all acts of hostilitie and high trea sone, untill at lenth they were dissipat and defeate; and the saids haill fornamed persons did most treasonablie harbour, recept, intercomon, converse, and correspond with, and did abaite, assist, suplie, gave help, redd, councill, meatt and drink, releiffe and confort to the saids laite earl off Argyle, sir John Cochran, off Ochiltrie; sir Patrick Hume, of Polwart; Denholme, off Westsheills; and others, forfault and declared traitors, in company with him in the said moneth of May and June last, within the saids western highlands and, isles did not exact dilligence in searching and apprehending of them, and expelling them furth of the countrey, nor gave not tymeous notice nor intelligence to our minysters and officers for that effect, Throw the doeing and committing whereof, or ane or other of the saids deeds the |