1680 would not admit the authority of the King or Parlia ment in things that were against the Covenant. He did not know if any new insurrection was plotted; but he believed that God's people were always ready to take arms in defence of themselves and of the gospel; that he was one of God's people, and had resolved to give an testimony for the cause. He thought the killing of the Archbishop of St. Andrew's was not murder: that there is a declared war between those who serve the Lord, and those who serve the King against the Covenant; and that it is lawful to kill such in defence of the gospel: that the King being excommunicated, and there being now a lawful declared war against him on account of the breach of the Covenant, it is lawful to kill him, and all those who are in opposition to the Covenant.

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 ac cordingly.

The jury unanimously found the prisoner' guilty of the treasonable crimes and expressions mentioned 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 Netherbow, and his whole estate, real and personal, to be forfeited.

Charles Lord Fraser,* for High Treason, in proclaiming the late King James to be Righteous and Lawful Sovereign of this Realm, &c.

IT was charged against the prisoner, that, contrary 1693 to his allegiance, he, in the month of June or July, *1692, went with his accomplices to the market-cross of Fraserburgh, stepped upon the cross, and, after three several Yes's,t did three several times proclaim the late King James, and the pretended Prince of Wales, to be righteous and lawful King of this kingdom, and successor to the same, and that they cursed all who would say the contrary: then they drank, and caused to be drank, King James's good health, and that of the Prince of Wales, and cursed King William and all his adherents; drank to his confusion; uttered reproachful speeches of him, calling him Burgar, and Burgar-Master of the Hague, and saying that he was only Prince of Orange: that, for the greater solemnity, they fired guns and pistols from the Cross on the occasion, and forced some of his Majesty's subjects to drink treasonable healths: By all which the prisoner testified his rebellion against his Majesty's person and authority, and his treasonable intentions to depose the King; and did disown

*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 lay to incite the people to take arms: for which contempts 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 Binning of Wallyfoord.

THE PROOF..

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 company 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 answered, 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.

ant belonging to the company cry three several O 1693 Yes's, and then proclaim the late King James and the Prince of Wales; and after the proclamation he heard two shots of a pistol. The witness carried wine to the company at the Cross.

Henry Finlayson saw Lord Fraser and others on the Cross drinking healths; their servants told him it was the late King James, and Prince of Wales's health: Lord Fraser and another gentleman held drawn swords to the deponent's breast, and forced him to drink some healths.

John Hay, vintner, deposed, that Lord Fraser went out of his house to the Cross, and the deponent went there also, and heard his Lordship drink King James's and the Prince of Wales's health. He heard also the firing of pistols.

Alexander Robertson heard a noise at the Cross, opened his window, and saw and heard a person clothed in red cry three O Yes's, and proclaim King James as our righteous King. The deponent, at the same time, saw the prisoner on the Cross, and heard the company drinking healths. He did not distinctly hear whose health, but heard the words, Bur'gar, the Hague, and Orange, come from the com

pany.

James Hardie, servant to John Hay, vintner, saw Lord Fraser, and several others, go to the Cross, and the witness was employed to hold some of their horses. He heard and saw a footman make three O Yes's off the Cross, and begin a health to King James and the Prince of Wales, and bid the ill man*

*A fanatical term for the Devil.

1693 take all that refused to pledge it.'

He saw the prisoner, and others, drink the health, and heard some shots of a pistol.

James Scot saw Lord Fraser, and others, at the Cross; he saw and heard them drink King James's and the Prince of Wales's healths, and heard Lord Fraser curse those present who refused the toast. He heard four shots.

The Lord Advocate protested for an assize of wilful error, if the jury should acquit the prisoner. The prisoner protested in the contrary; because the Committee of Estates which declared King James to have forfaulted the Crown, and bestowed the same on William and Mary, solemnly enacted and declared, • That assizes of error are a grievance.'*

Seven Peers and eight gentlemen of distinction who were summoned to be upon the jury, were fined a hundred merks each, for not obeying the citation. The jury, of which Lord Bargeny was Chancellor, all in one voice found it not proved that the prisoner either actually proclaimed, or caused proclaim, the late King James, and the pretended Prince of Wales; but found it proved that he was present at the proclamation. Found, by a plurality of voices, that a proclamation was made at the Cross of Fraserburgh, of the late King James and the Prince of Wales; but not in terms of the indictment, viz. as being righteous and lawful King of this kingdom, and lawful successor therein. The assize, all in one voice, found it not proved, that the prisoner and his accomplices cursed

*Act of Estates, No. 18. April 13th, 1689.