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1618 to be tried in his own country; a country where the
gloomy light athwart the regions of tyranný and
The indictment being read over, the prisoner ju.
Being found guilty by the jury, the Court ordained him to be taken back to prison, and to be kept in irons till the King should be informed of his conviction, and till he should suffer an exemplary pun. ishment. The Court met again on the 10th of September, when a warrant from his Majesty, directed to Lord Binning, Secretary of State, was produced, conform to which, sentence was pronounced on the prisoner, that he be taken to the cross of Edinburgh, and his right hand struck off; and thereafter his head to be struck from his body, his hand to be put upon the West Port, and his head on the Netherbow,
James Skene, for Treasonable Opinions and Declara
THE prisoner, who was brother to the Laird of 1680 Skene, was prosecuted at the instance of his Majes. We ty's Advocate for high treason.* He was charged in the indictment with being accessory to the rebel, lion headed by Balfour of Kinloch, and Hackston of Rathillet, at Air's Moss and Bothwell-bridge; with having maintained the lawfulness of that rebellion, even in presence of the Duke of York, and of the Lords of Privy Council, and those of Justiciary; with having justified the excommunication of the King, and having maintained it was lawful to kill him, &c.
The proof adduced against the prisoner was his own confession, emitted before the Duke of York and Privy Council on the 13th November, 1680, of which the tenor follows.
He said, he did not know who were rebels, but denied that he was present at the battles of Bothwellbridge and of Air's Moss. He thought the persons engaged in those insurrections were not rebels, for they were in defence of God's cause. He was not at the Torwood conventicle when the King was excommunicated, nor did he know who contrived it, but he thought the reasons of the excommunication just. He acknowledged the burning the Acts of Parliament, because they were against the Covenant; and
* Records of Justiciary, November 22, 1680.
1680 would not admit the authority of the King or Parlia
ment in things that were against the Covenant. He
He renewed his confession before the Court and Jury. He was desired to deliberate before he should sign it: he answered, he had resolved to sign it; he thought it his honour to do so; and he did it accordingly.
The jury unanimously found the prisoner . guilty of the treasonable crimes and expressions mention"ed in his dittay, and that by his own confession," The Court sentenced him to be taken to the Cross of Edinburgh on the 24th of November instant, to be hanged on a gibbet till he be dead, his head to be separated from his body, and fixed on the Nether. bow, and his whole estate, real and personal, to be forfeited,
Charles Lord Fraser,* for High Treason, in pro
claiming the late King James to be Righteous and
It was charged against the prisoner, that, contrary 1693
* This family was raised to the peerage by Charles I. A. D. 1633. The title became extinct by the prisoner's dying without issue.-Douglass' Peerage, page 273.
+ Records of Justiciary, March 29, 1693.
1693 the King's title to the crown, and did all that in him wulay to incite the people to take arms: for which con.
tempts and treasons he ought to be punished with death, and the forfeiture of his estate.
After a prolix argument, the Court found the indictment relevant to infer the pains libelled.
The following persons composed the assize: Lord Forrester, Lord Bargeny, the Master of Forbess, James Oswald of Singletoun, James Baird of Saughtonhall, Patrick Murray of Livingstone, Mr. George Scot of Giblestone, William Dick of Grange, Sir Alexander Gilmour of Craigmillar, James Eleis of Southsyde, Sir Robert Milne of Binnie, Hugh Wallace of Inglistoun, Alexander Nisbet of Craigintinnie, William Biggar of Woolmet, and Sir William Bin. ning of Wallyfoord.
Thomas Pyper, weaver, saw Lord Fraser come from the house of John Hay, vintner, and go to the Cross, and step upon it: he heard one in the com... pany cry three O Yes's, and proclaim the late King James and the Prince of Wales, and this was after some person bid him proclaim, ' to whom he answers
ed, what shall I proclaim, my Lord?' After these proclamations, the witness heard King James's name mentioned, saw the people on the cross have drink with them, and heard the shooting of pistols. Adds, that Lord Fraser was on the cross at the same time with the man who proclaimed King James.
John Wood saw Lord Fraser and others go to the Cross, saw his Lordship on the Cross, heard a serv.