Robert

sone of Strowan; David Graham, brother
to the deceist John, viscount of Dundee, for
himself, and as representing the said viscount;
-Halyburton, of Pitcurr; and -
Halyburton, as air to the said deceist
Halyburton, of Pitcurr, bis father; James Ed-
monstoun, of Newtoun, of Downe; sir Ewen
Cameron, of Lochzeel;
Cameron,
his eldest sone; Donald M'Donald, younger,
of Sclate; the laird of M'Naughtoun;
Grant, of Ballindalloch;

Appin ;

-Stewart, of

said deputy, director of the Chancery, keeper Crawfurd, his brother; of the said quarter seall, item, Ane authentick copie of the said letters of treasone translated into English, togither with the forsaid act of parliament, dated the first day of August, 1689 years, wherby the king and queen's majesties and the estates of parliament doe grant warrand to his majesties advocat to raise ane indytement of high treasone befor the parliament, against the viscount of Dundee, the earle of Dumfermling, and other persones, who are in open rebellion against their majesties; and lykways against all such persones as intercepted any of M'Lean, alias M'Donald, his ma'ties forces under the command of major elder, of Glencoe ; Alexander M'Donald, generall M'Kay in their retreat, and killed, younger, of Glengarie; Donald M'Neill, of wounded, or robbed them of their cloaths, Gallihellie; and sir John McKean, of Dowart, horses, and armes; and thereby they declare and diverse others, their associats, and accomthat a citation against the saids persones, at plices; and all others the successors of such of the mercat cross of the head burgh of the shyre them as are dead, and your tutors and curators, where they duell, or in case ther be not tutus if they any have for their intrest; to have comaccessus therto at the mercat cross of the head peired befor the high court of parliament, burgh of the next adjacent shyre shall be suffi- within the parliament house of Edinburgh, cient; and after production and reading of the upon the days particularly mentioned in the said indytement, in Latine, wherof there was said summonds, and that he made certification, two principalls produced and ane authentick and affixt and left authentick doubles, with a list copie thereof in English, and the act of parlia- of the witness, at and upon ilk ane of the saide ment abovementioned, which were read in au- mercat crosses, befor and in presence of the dience of their majesties high commissioner witness mentioned, in and subscry veing wit and the estates of parliament, their ma'ties said ness to the said executione; together with advocat did produce ane executine of the said another excutione under the hand of Willian summonds, dated the 7th, 8th, 10th, 12th, Glover, Rothesay herauld, bearing that upon 13th, 14th, and 24th days of March, 1690 the said eight, tenth, tuelt, fourtein, and fyfteen years, under the band of George Ogilvy, Al-days rex'ive of the month of March, 1690 bany herauld; bearing that the said George years, the said William Glover to have at Ogilvy, Albany herauld, att command of the command of the said summonds of treasone, at saids letters of treasone raised at the instance of the instance of the said sir John Dalrymple, their majesties said advocat against the saids their majesties advocat, for ther highnes indefenders, and by vertew thereof, with one of trest, against the haill defenders abovenamed, their ma'ties trumpeters, and witness there- and their accomplices, past with ane trumpeunto subscryveing, past upon the said 7th day ter, upon the said 8th day of March, and year of March, to the mercat cross of Coupar, in of God forsaid, to the mercat cross of LaFyfe, head burgh of the s'refdome thereof; nerk, bead burgh of the s'refdome thereof, and and upon the said eight day, to the mercat cross upon the tenth day of March, and year of God of Forfar, head burgh of the s'refdome thereof; above wryten, to the mercat cross of Air, head and upon the said 10th day, to the mercat cross burgh of the s'refdome thereof; and alse upon off Aberdeen; and upon the said 12th day, to the said 12th day of March, and year of God, the mercat cross of Bamff; and upon the said forsaid, to the mercat cross of Inverarie, 13th day, to the mercat cross of Eligine of For- bead burgh of the s'refdome of Argyle; and ress: and upon the said 14th day to the mercat upon the fourteen day of March, and year crosses of Nairne and Invernes rex'ive; and of God above wrytin, to the mercat cross of upon the said 24th day, to the mercat cross of Renfrew, head burgh of the s'refdome thereof, Perth, head burghs of the s'refdomes thereof, and upon the fyfteen day of March, and year and thereat ilk aue of the saids croces rex'ive of God forsaid, to the mercat cross of Sterling, and successive in their ma'ties names and au- head burgh of the s'refdome thereof; and there thority with their coatts of armes displayed, at ilk ane of the saids crosses, respective and sound of trumpet, and other solemnities requi- successive; in their majesties name and authosite and necessar open proclamation and publick rity, the said William Glover, Rothesay hereading of the said summonds of treasone, he rauld, lawfully summoned, warned, and charg lawfully charged the haill persones above and ed, ilk ane of the fornamed persones aboveaftermentioned, viz. John viscount of Dundee; named, and others contained in the summonds James earle of Dumfermling; viscount of Fren- of treasone, and ilk ane of them, and the sucdraught; lord Dunkeld; major William Gra-cessors of such of them as are dead, be sound ham, of Baqubaple; collonell Alexander Cannan; John Cleiland, of Fasken; Mr. Colin McKenzie, uncle to the earle of Seaforth; sir John Drummond, of Machany; William Crawfurd, younger, of Ardmillan; James

of trumpet, three severall tymes, with displayed coatt, be open proclamatione, and publict reading of the said summonds of treasoue, and using other solemnities, necessar to compear befor their majesties high court of parliament,

to be holden within the parliament house of to the earle of Seaforth; sir John DrumEdinburgh, at ane certain day bygone, in the mond, of Machannie; William Craufurd, hour of cause without continuation of dayes, younger, of Ardmillan; James Craufurd, his to the effect for the causs't and made certifica- brother; Robertsone, of Strowan; tion as is exprest in the said summonds of trea- James Edmonston, of Newton, of Doune; sone, and affixt and left ane just and authentick sir Ewan Cameron, of Lochzeel ;-Cacopie upon ilk ane of the saids mercat crosses, meron, his eldest sone; Donald McDonald, respective and successive, upon the dayes re. younger, of Sclait; The laird of M'Naughspective above specified, together with a list toun; --Grant, of Ballindalloch ;of the witness names befor, and in presence of Stewart, of Appin; McKean alias the witness mentioned, and designed in the ex- M'Donald elder of Glencoe; Alexander M'Doecution and subscryveing witness therto, as nald, younger, of Glengarie; Donald M'Neill, the saids executions more fully bears. Ther- of Gallahellie; and sir John M'Lean, of Doafter the saids George Ogilvie, Albany berauld, wart, and also the said David Grahame, for and the said William Glover, Rothesay he himself, and as successor to the late viscount of rauld, who did execute the saids letters of Dundee; and Halyburtone, of Pittreasone, and the witness ins'rt and sub-curr, son to the said Halyburton, of scryving witness to their saids executiones Pitcurr, his father; being lawfully summoned 1 respective forsaids, compeared personally in by heraulds, with displayed coatts, and sound presence of their majesties high conmissioner of trumpet, and other solemnities requisite, and the estates of parliament; and after publict to have answered to the forsaid indytement; 3 reading of the said lybell of treasone in Scots, and being oft and diverse tymes called by macers and the executiones of the samen; the saids in the parliament house, and at the great door heraulds and witness, being solemnly sworne, which was cast open as use is and not comand interrogat, deponed that the saids execu-pearand, the which lybell and indytement of tions formerly subscribed by the saids beraulds and witness, were trew executions in all poynts, in manner therin contained, and that the samen was true, as they should answer to God, as their oaths and depositiones, wryten upon the back of the saids respective executions and subscryved by them, and by the president of parliament, more fully bears. Therafter their majesties advocat did obviat three objections which might be made; Primo, that where the executions does not bear that the parties were ceited at their duelling houses, but only at the mercat cross of the head burgh of the shyres, he represented that the warrand given by the parliament for raising the proces, does expressly allow that manner of citation; Secundo, Albeit the persons cited be absent, yet the leading of probation against them, altho absent, is expressly warranted by the session of

act of the

parliament, king Charles the second, in anno
1669; Tertio, the deduceing of probation
against persons guilty of treason after their
death, is conform to the sexty nynth act, sext
parliament of king James the fyfth, which
acts were read in audience of their majesties
high commissioner and the estates of parlia-
ment, and then their majesties advocat de-
clared, that he restricted the lybell to the
defenders their being actually in armes against
their majesties, after the fourth day of May,
1689 years, (which was twenty one days after
the proclamation of their majesties king Wil-
liam and queen Mary, to be king and queen of
this realme) or such of the saids defenders
who joyned with any of the rebells who were
in armes after the said day; and the said
James earle of Dumfermling;
vis.
count of Frendraught ;
- lord Dun-
keld; major William Grahame, of Baqubaple;
collonell Alexander Cannan; John Cleil-
land, of Fasken; Mr. Colin McKenzie, uncle

treasone persewed by their majesties advocat against the deceast viscount of Dundee, and his representatives, the earle of Dumfermling, and others contained in the lybell, with the executions thereof, with the principall indytement, and the authentic double of the samyne, in English, with the forsaid act of parliament, impowering and granting warrand to the said sir John Dalrymple, their majesties advocat, to intent, raise, and prosecute, the forsaid lybell of treasone against the saids defenders in the way and manner abovementioned, being at length heard, seen and considered by their majesties and the estates off parliament; and they therewith well and ripely advysed, They by their vote and interlocutor, fand the lybell relevant in thir termes, that these persons were actually in armes against their majesties after the fourth day of May, 1689 years, or joyned with any of the rebells, who were in armes after the said day relevant to inferr the pain of treasone; After pronounceing of which interlocutor their majesties advocat persewer did adduce diverse famous witnesses, lawfully ceited for proveing the poynts of the lybell admitted to his probatione, who haveing compeared in presence of their majesties high commissioner and the estates of parliament, and being solemnly sworne, purged of partiall councill, examined, and interrogat, upon the poynts of the lybell and indytement of treasone, admitted to the persewars probatione, deponed in manner mentioned in their oaths and depositions, as the samen subscryved by them and the president of parliament extant in the proces fully bears; and sicklyke, their majesties advocat produced the wreits aftermentioned, viz. Ane bond of association entred into by the laird of Lochzeell, Donald M‘Donald younger, of Sclait, and other highlanders, wherby they bind and obleidge themselves, for his majesties (the late king James) service and

& M. their own safety, to meet at

the day of September, 1689 years, and to bring alongst with them the number of fencible men; that is to say, each one of them their proportionall part and number, particularly y'rin enumerat, but it is therby declared, that in case any of the rebells shall assault or attack any of the persones mentioned in the said bond of association, betwixt the date thereof and the forsaid day of randevouze, they doe solemnly promise to assist one another to the outmost of their power; dated the 24th day of August, 1689 years; Item, another bond of associatione betwixt the viscount of Frendraught, John Grant, of Ballindalloch, and others, dated att the 15th day of January 1690 years, whereby, as they pretend in testimonie of their loyalty to their sacred and dread soveraign; and for the security of their freinds and good neighbours, they vow and protest befor the Almighty God, and on their salvation at the great day, to goe on secretly and with all the power and strength they have to stick and byde by one another, and when any of them shall be stressed or any ways molested by any pairty or enemie whatsomever, they shall repair to their aid with all their strength and power, and that upon the first call without any further murr or delay; and that they shall never be byassed or broken off the said associatione, without the consent of his majestie's generall and the major pairt of themselves, So help them God; as also produced ane letter wryten by the said sir Ewan Cameron, of Lochzell; Mr. Colin M'Kenzie, uncle to the earle of Seaforth; John Grant, of Ballindalloch; the laird of M'Naughtoun; sir John M'Lane, of Dovart; and others of the highland clans, direct to major Generall M Kay from Birse, the 17th day of August 1689, in answer to his q'by they acknowledge the recept of the major generall's letter fra Strathbogie, and they said that he gave account to brigadeer Cannon from St. I'nstone, to which he gave a civill return, for by telling that they support themselves by fictions and stories (a thing known all the world over) is no railleing; and that the Christian means (as the major generall said in his last) they make use of to advance their good cause by, is evident to all the world, and the argument they use to move them to address to their government, is consequentiall to the whole; for, instead of telling them what Christians, men of honour, good subjects, and good neighbours, ought to doe, he tells them in both letters that his majestie (the late king) hes hott warrs in Ireland and cannot in haste come to them, which tho it were alse trew, as they know it is not, is onely ane argument from safety and enterest; and that he might know the sentiments of men of honour, they declare to him and all the world, they scorne his usurper and the indemnities of his govern ment, and to save his further trouble by his frequent invitations, they assure him that they are satisfied, their king take his own tyme and

way to manadge his dominions and punish his rebells; and albeit he should send no assistance to them at all, they will all dye with their swords in their hands befor they faill in their loyalty; and swore alleadgeance to their sovereign; and desyres he may then judge what effect duke Hamilton's letter hes upon them; but that they had gotten ane honourable father for that storie from Ireland, and altho they can better tell him how matters goe in Ireland, and that they pity those on whom such stories hes influence, yet since they have no orders to offer conditions to any rebells, they allow his grace and the major-generall to believe on, and take their measures by their success till his majestie (the late king) his further orders; and they thank the major generall for the good meaning of his invitation, though they are confident he had no hopes of succes, and that they will shortly endeavour to give him a requyteal; and that those of them who live in islands have already seen and defyed the prince of Orange his friggatts; and that they had returned dake Hamilton's letter, becaus they had more use for it then they: And after production and reading of the saids two bonds of associatione, and missive letter abovementioned, in audience of their majesties high commissioner, and the estates of parliament, the said sir John Dalrymple, their majesties advocat, declared, that besydes the depositiones of the witness adduced against sir Ewan Cameron, of Lochzeell; Donald M'Donaid, younger, of Sclaitt; the laird of M'Naughton; and Grant, of Ballindallock; he made use of the saids two bonds of association entred into and signed by the laird of Lochzeel, and other bighlanders, at the castle of Blair, in August, 1689, and the other bond in January 1690, suberyved by the viscount of Frendraught and others; by which bonds they obleidge themselves to stick to one another in his majesties service, which by the place and persons appears to be the late king James; and farder he declared, that be made use of the saids bonds of associatione and missive letter for adminiculating of the probation against the saids persons subscryvers thereof, and desyred that the probation adduced against the defenders might be read over and votted singly as to every one of the defenders, and which was accordingly done; And the king and queen's majesties, and the estates of parliament having considered the forsaid lybell and indytement for high treasone, persewed at the instance of their majesties advocat, against the fornamed persones, defenders, with the depositions of the witnesses who were adduced and present, and deponed in the said matter of treasone, as to the poynts admitted to the lord advocat his probation in manner forsaid, viz. against the deceist John, viscount of Dundee ; Mr. David Grahame, brother to the said viscount, for himself, and as air and successor to the said late viscount; the lord Dunkeld; major William Grahame, of Balqubaple; collonell Cannon; John Cleilland, of Fasken; James earle of Dunfermling; viscount off

loch;

Stewart, of Appin; M'Lean alias M'Donald, elder, of Glencoe; Alexander McDonald, younger, of Glengary; Donald M'Neill, of Gallahelly; and sir John M'Lean, to be execute to the death, denunced as traitours, and underly the pains of treasone whenever they shall be apprehended, and that at such tymes and places and in such manner as their majesties or the estates of parliament, or the commissioners of justiciary, shall appoynt; and ordains the saids persons, their name, fame, memory, and honours, to be extinct, their blood to be tainted, and their armes to be riven furth and delett out of the books of

armes, so that their posterity may never have place nor be able hereafter to brook or joyse any honours, offices, titles or dignities in tyme comeing; and the saids persons imediately abovenamed to have forfaulted, amitted and tint, all and sundry their lands, heretadges, tacks, steedings, roums, possessions, goods, and gear, moveable and immoveable, whatsomever pertaineing to them, to belong to their majesties, and to remain perpetually with them and their successors in property. Which was pronounced for doom; and whereupon their majesties advocat asked and took instruments.

398. The Trial of ALEXANDER HALY BURTON and WM. FRASER, for High Treason 4 WILLIAM & MARY, A, D. 1692. [Now first printed from the Records of Justiciary in Edinburgh.]

CURIA JUSTICIARIE, S. D. N. Regis et Reginæ tenta in Pretorio Burgi de Edinburgh, septimo die mensis Martij 1692, per nobilem et potentem comitem Robertum Comitem de Lothian Justiciarium Generalem, et honorabiles viros, Dominum Colinum Campbell, de Aberuchill, magistrum Davidem Home, de Croserig, Johanem Lauder de Fountainhall, magistrum Archibaldum Hope de Rankeillor, et magistrum Jacobum Falconer de Pheasdo, Commissionarios Justiciariæ dicti S. D. N. Regis et Regine.

Curia legittimae affirmata.

Intran'
Alexander Halyburton,
William Fraser, prisoners in the Tolbooth
of Edinburgh.

INDYTED and accused, at the instance of sir William Lockhart, there majesties sollicitor; sir Patrick Home, and Mr. Hugh Dalrymple, advocates, assessors to the said sir William, for the majesties interest; That whereas by the comon law, the laws of this and all other well governed nationes, the crymes of treasone and rebellione, and the aiding, assisting, abatcing, suppleeing, intercomoneing, and keeping correspondence with, or doeing favours to manifest rebells and traitours, are punisheable with forfaulture of lyfe, lands, and goods; and be the third act of the first parliament of king James the first, It is statute and ordained, that no man openly or notourly rebell against the king's persone, under the pain of forfaulture of lyfe, lands, and goods; and be the thretty seventh act second parliament king James the first, it is statute and ordained, that no man wilfully recept, mantain, or doe favour, to open and manifest rebellors against the king's majesties and the comon law, under the pain of forfaulture; and be the twenty fourth act sixt parliament and fourty nynth act twelt parlia

ment king James the second, it is statute and ordained, that if any man comitt treasone against the king's persone or his majestie, or ryses in fear of weir againest him, or recepts any that hes comitted treasone, or supplies them in help, redd, or counsell, or stuffs the houss of them that are convict of treasone, and holds them, againest the king, or that stuffs the houss of there owne in furthering of the king's rebells, or that assailzies the king's castles, shall be punished as traitours; and if any per sone or persons be slandered or suspect of treasone, they shall be taken and remaine in firmance while the tyme they have tholed ane assyse, whether they be guylte or foull; and be the nynty seventh act parliament seventh king James the fyth, all persons were comanded to apprehend rebells and are discharged to recept, supplie, or doe favours to them; and be the hundreth fourty and ffourth act parlia ment twelth king James sixt, all his majesties: subjects are discharged to supplie or intercomune with traitors or rebells, or give them any relieff or comfort, or any help, redd, or counsell, but to doe there outmost diligence to apprehend or expell them out of the country in maner specified in the said act; and be the fyfth act session first parliament first king Charles the second, it is declared, that it shall be high treasone for the subjects of this realme, or any number of them, less or more, upon any pretext whatsomever, to ryse or continow in armes, to make peace or warr, or any treaties or leagues without his majesties special! approbatione; and be the second act session second parliament first king Charles the second, it is declared high treasone to levie warr or take up armes against the king, or any comissionat by him, or to intyse any stranger or others to invade any of his dominiones, or to wreit, print, or speak any thing that may express or declare such ther treasonable intentiones; and be the comon law, lawes and acts of parliament of this kingdom, airt and pairt, is punishable as the