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1618 to be tried in his own country; a country where the
w transient gleams of fanaticism served only to cast a

gloomy light athwart the regions of tyranný and
slavery.

The indictment being read over, the prisoner ju.
dicially confessed his guilt, but declared, at the same
time, that he committed this offence, while he was
in a state of insanity. He craved pardoni of God,
the King, and his countrymen, and came in the King's
will, i. e. submitted to his Majesty's pleasure. He
expressed his hope, that his Majesty, being a gracious
Prince, would incline to mercy, which is God's right
hand, rather than to justice, which is but his left.
And he en treated the Court to intercede in his be.
half.

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,

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V

James Skene, for Treasonable Opinions and Declara

tions.

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
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 tãought the kill-
ing of the Archbishop of St. Andrew's was not mur-
der: 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 excommu-
nicated, and there being
against him on account of the breach of the Covenant,
it is lawful to kill him, and all those who are in opposi-
tion 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 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
Lawful Sovereign of this Realm, 8c.

It was charged against the prisoner, that, contrary 1693
to his allegiance, he, in the month of June or July, we
* 1692, went with his accomplices to the market-cross
of Fraserburgh, stepped upon the cross, and, after
three several o Yes's,t did three several times pro-
claim 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, call.
ing 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 treason-
able 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.

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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.

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 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.

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