Imagens das páginas

remaine perpetuallie with his hyness, in pro- a pully, and, when choaked a little, let down pertie, in type coming, which was propunced alive within the hangman's reach, who opened for doom.

bis breast witli a knife, and pulled.out his heart, which moved upon the scaffold. Then the

executioner stuek his knife in it, carried it « The sentence," says Wodrow, * was about the stage, and shewed it to the spectaexecuted witis great solemnity, and severity., tors, crying, Here is the leart of a traitor.' though he was a gentlenian of good descent, And then the rest of the sentence was executed excellent parts, and remarkable piety, and his as above. This barbarous procedure did very body terribly mangled, and be dying of his much discover the malicious temper of his perwounds. After his hands were cut off, which secutors, and imbittered the spirits of a great he endured with great firmness and patience, many." See the Account of the Execution of he was drawn up to the top of the gallows with Harrison, vol. 5, p. 1237. • and those commissiopate by him, and refuse - place of Mauchlin, this fifth of May, to an* to pray for the king, whereof, and of the other

swer to your indictment." crimes specified, you being found guilty by “ We inay be sure such an assize would • an assize, you and ilk one of you orghi to be bring them in guilty, and they are sentenced * punished with forfeiture of life, lands and to be banged at the town end of Mauchlin, • goods, to the terror of others who commit the May 6th, which was done accordingly. No • Like hereafter.

coflns were ailowed thens, nor dead clothes ;. You are summoned to compear before but the soldiers and two countrymen made an • lieutenant general Drummond, commissioner hole in the earth near by, and cast them all 6 of Justiciary, within the Tulbooth or court together in it.” 2 Wodrow, 504.

317. Trial of Donald CARGILL, Walter SMITH, JAMES BOIG,

WILLIAM THOMPSON, and WILLIAM COOTHILL, for Treason: 33 CHARLEŚ II. A.D. 1681. [Now first printed from the Re

cords of Justiciary in Edinburgh.] CURLA JUSTICIARIÆ, S. D. N. Regis tenta in denominated Boig, which appears to bave been

Mr. James Boigle, [hereafter in this Record, Prætorio Bargi de Edinburgb, rigesimo

his sexto die mensis Julii 1681, per Nobilem

proper name. ) preacher. et Potentem Comitem Gulielmum Comi

William Thomson, servant in Fresk. tem Queensberry, Justiciarium Genera

Willium Coothill, seaman in Borrostuppes,

and prisoner. lem et honorabiles viros, Ritchardum Mait. land de Daddop, Justiciarie Clericum, Ro Ye are indyted and accussed, That wher bertum Dominum de Nairn, Dominos Jaco- notwithstanding from the law of God, the law bum Foulis de Colintoun, Davidem Balfour of nations, and the municipal law of this kingde Forret, Davidem Falconer de Newton, et

dome, and the Rogerum Hoge de Harcauss, Comissiona

geance of the subjects there. rios Justiciariæ dicti S. D. N. hegis.

of, ther lye great obligations upon them, and

you, to maintain and defend the royall and soCuria legitime affirmata.

vereigne power, and authoritie of the king's Intran

majestie ; and be the common lawe, the law of

nations, and act of parliament of this kingdome, Mr. Donald Cargill,* preacher.

and constant practique thereof, the ryseing of Mr. Walter Smith, preacher.

his majesties subjects, or any number of them, . * " A strange spirit of fury had broke lonse one of their furious teachers (from whom they on some of the Presbyterians, called Cargillites were also called Cameronians) was killed": from one Cargill that had been one of the mi- but Hackston, that was me of the archbishop's nisters of Glasgow in the former times, and murderers, and Cargill were taken. [Crookwas then very little considered, but now was shank observes, tbat bishop Burnet was misinmuch followed, to the great reproach of the na- formed in saying that Mr. Cargill was taken tion. These held that the king had lost the here.) Hackston, when brought before the right of the crown by bis breaking the Cove council would not own their authority, nor nant, wbich he had sworn at his coronation : make any answer to their questions. He was' so they said, he was their king no more: and so low by reason of bis wounds, that it was by a formal declaration they renounced all thought he would die in the question if tor” allegiance to him, which a party of them affixed tured: so he was in a very summary way to the cross of Dunfreis, a town near the west condemned to bave both his hands cut off, and border. The guards fell upon a party of them, then to be banged. All this he suffered with whom they found in arms, where Cameron, a constancy that amazed all people: he seemed VOL, X,


the joyning and assembleing togither in armes, , and keeping correspondence with such rebells, without, and contrair to his majesties royall and supplieing of them with levies of men, command, warrand, and authoritie, and the horse, money, armes, and furnishing them abaiting, assisting, recepting, intercomoning, with meat, drink, powder, ball, are most borto be all the while as in an enthusiastical rap-ment of these now under ther hand, than in ture, and insensible of what was done to him. many processes before and after this, wben When his hands were cut off, he asked, like persons were taken in actual resistance, upon one unconcerned, if bis feet must be cut off the back of a kind of declaration of war against likewise : and he had so strong a heart, that the king ; then the prelates and persecuton notwithstanding all the loss of blood by his triumphed in the necessity and justice of cutwounds, and the cutting off his bands, yet ting them off, and yet it was but a very few when he was hanged up, and his heart cut who were thus taken, two or three at Airs-moss, out, it continued to palpitate some time after who were attacked, and obliged to defend it was on the hangman's knife, as some eye- themselves; but the greatest part who suffered witnesses assured me. Cargill, and many now were snch who were discovered by their others of that mad sect, both men and women, bribed informers, and alledged to have been at suffered with an obstinacy that was so parti- tield-meetings; and when brought before them cular, that though the duke sent the offer of at Edinburgh, a confession was extorted by pardon to them on the scaffold, if they would boots and thumbkins from some of them, and only say God bless the king, it was refused the rest, when brought before the justiciary, with great neglect: one of them,' a woman, council, or committees of it, were ensnared said very calmly, she was sure God would not by captious questions, upon subjects common bless biin, and that therefore she would not people could not be supposed to understand; take God's name in vain : another said more and upon their answers they were condemned sullenly, that she would not worship that idol, and executed. nor ack owledge any other king but Christ: " True it is, they did disown the king's auand so both were hanged. About fifteen or thority, wherein I have already declined to sixteen died under this delusion, which seemed vindicate them: but the reader wbo may be a to be a sort of madness: for they never at- stranger to those times, would know, that by tempted any thing against any person ; only owning the authority, the poor people under they seemed glad to suffer for their opinions. stood a virtuai approbation of all that was done The Duke stopt that prosecution, and appointed by the king since his restoration, the rescindthem to he put in a house of correction, and to ing of the excellent laws and constitution we be kept at hard labour.” i Burset, 511. once enjoyed in Scotland, and the severities

Of this mitigatory interposition by the Duke, against, and the persecution of the people of Dr. Laing intimates a doubt: “ No example,"

God following tberenpon. And tbis was in the says he, * of the fact exists : on the contrary, pour country women and men now put to death, executions for private opinion continued to indeed by the unwarrantable 'expressions of

a matter of opinion and conscience inisinformed multiply during his whole administration and reign. It is asserted, too, hy the sanje author, some who were soured by the rigidity of the that the Duke indulged, without enotion, in times, and, it may be, likewise by some uncontemplating the torture of Siate Prisoners as

guarded expressions they might have heard at a curious experiment, while other counsellors sone sermons in the fields since Bothwel; but recoiled from the scene; and on one occasion, 1 tion and ignorance of facts, as they could scarce

then it is certain, this was such a misinformait is certain, that he assisted, from choice, when Spreull (sce the Case in this Voluine, p: 725), ever be brought from under; and indeed, exwas twice exposed to the question

almost with cept in an instance or two, no care was taken to out intermission.” Hist. vol. 4, p. 111.

inform them, but they were hurried from the

See also a subsequent Note to this Case.

council to the justiciary, from them to the pri

son, and in a few hours into eternity. Wodrow, Book 3, chap. 5, sec. 4, says: "Mean wbile the government could be in “ Upon the last year (1680) I

gave some

no manner of hazard from a handful of those account of the condemnation and execu- people, and if any thing of this nature could tion of severals of Mr. Cameron and Mr. Car breed disturbance, it was the barbarous extregil's followers, for disowning of the king, and meties they ran to with such of them as fell bearing then at Field-conventicles; and upon into their hands: but it was easy to have sethis section ( sball put together the accounts of cured the peace against ten times their number, near twenty more, with Mr. Cargil himself, by gentler methods, than butchering so many who suffered this year, just in the order of time scores of otberwise serious and religious per they fell out.

sons; this with many other unaccountable « And when entering upon this melancholy measures, now taken, did very much lessen subject, I cannot but regret the cunning and the king, sully his reign, and made the admi. unprecedented severity of the persecutors, with nistration burdensome and grievous to multia great many of these people who came be- tudes of his best subjects. fore them. It is certain, the managers had “Sometimes indeed the council in their good more to say in their own defence as to the treat-mood, would offer the country p.cople their

rid, bynous, and abominable crymes of rebel- | act 18 parliament, king James 6, the estates of lion, treason, and lese majestie, and are punish- parliament faithfullie promise, perpetuallie to able with forfaulture of lyff, lands, heretages, obey, mantaine, and defend the prerogative and escheat of ther movables, and by the first royall

, of his sacred majestie, his aires and suclife, upon acknowledgments and declarations, ing against the severity used upon some rewhich at first view seem very low and reason- ligious people there, she was seized, and noable ; but if narrowly considered, these were thing else could be laid to her charge, till she imprestable by the people to whom they were was brought before some of the magistrates, made, in their present circumstances, and under and in her, simplicity voluntarily contest conthe uptaking of matters which they had : and verse with some who had been declared rebels. I must observe, that it was only to the warmer When the managers are informed of this a and more ignorant sort such offers were made, party of soldiers seize her, living peaceably in probably under the prospect they would not be her chamber at Perth, and carry her into accepted, since the sense the people took the Edinburgh. When she is brought before the managers proposal in, did importa receding council, the interrogatories were invidious and from bearing witness against the evil of the ensnaring, and knowing they had no probation times; yea, most of then did tbink the accep- but from what was elicite from her, they ting of the managers proposals included an ap- essayed sometimes by commendations and probation of what they had been, and were at promises, and sometimes by threats, to bring present doing so short, the cruelty the suf- her to confess she had conversed with Ratbilet, ferers remarked in one process after another, Balfour, and the two Hendersons, said to be and the whole conduct of this time, and the concerned in the primate's death; and when subdolent fetches and cunning used to carry some very trivial things were owned by her, them off their feet, made them jealous of every they jested her, and acted the buffoon rather thing proposed; and their warm zeal for, and love than privy counsellers, as may be seen in their to the truth, the small prospect they had of any interrogatories. end to their daily snares and troubles, together “ Marian Harvey was taken up in the road, with a generous kind of tædium vita, in such a when going to some sermon or other, and was wicked age as this, did prevail with them to soon ensnared by the questions put to her. stand out. And all these some way heightened She was scarce twenty years when brough the wickedness of the managers, in putting into Edinburgh, and sisted before the council. them to death, of which I come now to give They had nothing to lay to her charge but somne account.

what she owned, to wit, her being at field con“ The instance of the trial and execution of venticles. When interrogate as to Sanquhar, two poor women, with which this year begius, declaration, and the Queensferry paper, she is a Kaming proof of the iniquity of this period. knew nothing about them, but being read to her, Upon the 17th of January, I find Isabel Alison, to ensnare her, she said she owned them, bea young unmarried woman, who lived in Perth, cause she thonght them agreeable to the scripand Marian Flarvey, a servant inaiil in Borrow. tures. Some of the counsellers told her, A, stoupness, where sometimes Mr. Cargil baunt- rock, a cod, and bobbins, would set ber better ed, staged for their lives before the justiciary: than these debates, and yet they cast them up Tbis is an evidence of what was just now said. to her, and murder her upon them: and by What hazard could the governnient be under the way it may be noticed, that the bishops from two such persons, against whom nothing were the great proposers of questions to these could be adduced but their opinions, which they poor people, which helped to exasperate them, had taken up from the severities of the clergy | especially when urged to give them their at Perth, as the first owned, and the violence of titles, they looking on them as at bottom of all the soldiers? Their private sentiments, I am their persecution. persuaded, could have a very small induence, “ After they were examined before the counand would scarce ever have been noticed, had cil, they are brought before the criminal court. not the severity of the managers brought them This was the constant practice at this time, the upon the stage, evidently to their own reproach one day to bring such as fell into their band and shame.

before the council, and there engage them, “ Their interrogatories and speeches are by captious questions into a confession of staprinted in the Cloud of Witnesses, and I shall tutory crimes, and next day to pannal them . give a hint of their trial before the criminal before the justiciary, where, if they were court, from the records, if once I had noticed silent, they were asked if they would quit the a few things concerning them and their treat- testimony they had given yesterday, Both of ment before the council.

them were indicted for hearing at field-conven“ Isobel Alison lived very privately in the ticles, harbouring Messrs. Cargil, Cameron, town of Perth, and was of a sober and religious Douglas, and Welsh, for owning Rugland and conversation : she had now and then heard Sanquhar declarations, Queensferry covenant, Mr. Cargil preach in the fields, and some few and treasonable opinions. For probation, others before Bothwel, but not very often, field- their confession before the council is adduced. conventicles not being common in that country. Isobel Alison, being interrogate on several Upon her nonconformity at Perth, and spenk- heads before the assize, answered, she was

eessors, and priviledges of his highnes crown, treason for the subjects of this realme, or any with ther lives, lands, and goods, and be the number of them, more or lesse, upon any fyft act of the first session of his majestie's first ground or pretext whatsover, to ryse, or conparliament : it is declared that it shall be high tinue in armes, to make peace or ware, or any not obliged to answer, for she did not look man of a light and profane temper. Jast when upon them as judges, declined ther autho- they were going out to the place of execution, rity, and the king's, by whom they sat there, probably in the laigh council bouse, whence because they carry the sword against the Lord. malefactors used to go to the gibbet, the In their interrogatories they come and go, bishop came in and said to Marian Harvey, and act like persons thirsting after blood, who you would never hear a curate, now you shali resolves be shall be guilty. Sheowned converse hear one pray before you die, and ordered one with one they alledyed was at the primate's who was attending to pray. The poor women murder, she owned the Sanquhar declaration, thus jested upon, could not retire, and the one and bond of combination spoke of last year, said to the other, Come, let us sing the 23rd and Queensferry covenant, when read to her, Psalm, which they did, and soon drowned the because, she said, she saw nothing in then bishop's curate, employed either in jest, or to against the Bible, and refused to sign. Marian vex these poor people. I am informed they Harvey, before the justiciary, owns the fourth were executed with some three or four wicked article of the Queensferry paper, disowas the women guilty of murdering their own chilking's authority, abides by the Savquhar De- dren, and other villanies, which was very claration, says, it was lawfal to kill the arch- grievous to these two. One of the episcopal bishop of St. Andrews, when the Lord raised ministers of the town, who waited upon the up instruments for that effect, adding, he was others on the scaffold, railed bitterly upon these as miserable and perjured a wretch as ever be sufferers, and assured them they were in the trayed the church ; blesses God she heard ser road to dammation, while he, without any evimons in the fields, and approves of Mr. Car. dence of penitence, was sendmg the other gil's excommunication. She refuses to sign wicked wretches straight to Heaven: however what she had said, and protests they had no- Isobel Alisya and Marian Harvey were not thing to lay to her charge, but her opinion, commoved, but sang some suitable Psalms on and owning Christ and his persecuted truths. the scaffold, and prayed, and died with much

« When the assize was sworn, it was ob- composure and joy. served that some of them trenibled and woold << 10 March I meet with a new process against not swear, this process against two women some more of the people who adhered to Mr. being every way extraordinary: however they Cargil

. I need only give, a few hints from got as many as served their purpose. The the records, tbe course now with all of them two confessions, as writ by the clerk, were being much the same. Upon the 2nd of read to the ingtest, and, in a discourse to them, March, John Murray of Borrostoundess, is the advocate aggravated every particular, and indicted of treason in common form. The adendeavonred to prove them guilty of treason. vocate now gives himself to further trouble, Some of the assize urged there was no fact thap to adduce the confessions made by these proven against them, and they had-1100 signed persons when examined before the council, in their contessions. The advocate answered, presence of the justiciary and assize, where what they had said was treason, and charged ihey are examined upon them, and sometimes thern to act according to law, otherwise be the confessions are only read to the inquest, knew what to do. The assize find them both who bring them in guilty by their own conguilty of treason by their own confession. The fession, and so they are sentenced. In John pronouncing their door is delayed till January Murray's case, he lrad confest he was at the 21, when they are both sentenced to be hanged conventicle at Torwood with arms; and inin the Grass-market upon the 26th instant. deed Mr. Cargil's followers being daily hunted

" I find the council allow Presbyterian mi- for, were obliged to carry arms with them nisters to converse with these two women; wherever they went, for their own defence. but this was only a feint to rub off the odiun When he is interrogate, if he owns the king's of this affair, the council did not so till after authority, he answers, he owns all that is from the sentence was past, they could have no God, and to be owned, and adds, that while prospect of any great benefit to the women the king observed the covenant, his was from who did not desire this conversation, the mi-God, but since he has broke that, he knows pisters were ansavoury to them becanse sent not wbat to say. As to the archbishop's morby the council, and reasoning could have but der, he says, if they were sent of God to exevery little influence in their circumstances, and cute judgment on him, he will not judge upon subjects above their capacity.

them nor their actions. He judicially owns “ These two young women were executed his confession, but refuses to sign it. And upon the 20th), according to their sentence. having a printed copy of the Queensferry coThe Cloud of Witnesses narrates a passage, venant and Sanquhar declaration, given him to which, if it be vouchet, gives an odd idea of consider on, after some days he owers them. bishop Paterson, and is not disagreeable to the * The same day Christopher Millar, weaver opinion not a few had of him at this time, as a in Gargounock, is indicted as above: his contreaties or leagues with foraigne princes, or liedges are discharged upon any pretext whatestates, or ainoogst themselves, without his soever, to attempt any of these things, under majestie's speciali authoritie and approbation, the pain of treason, aud be the sevinth act of the first interponed thereto; and all his majestie's first session of his majestie's first parliament; fossion before the council is adduced, where he and signed a paper, which they called A Testiacknowledges he was in arms at Bothwel- mony against the Evils of the Times: whether bridge, and thinks he may lawfully rise in they published it, or how it came into the hands arms against the king for the Covenant; de- of the managers, 1 bave no account, but I find clared he cannot write. Before the removing them indicted for publishing an infamous of the assize, the advocate threatens them (as paper, the 11th of June last, called by them the still he does now) with an assize of error. They sixth month, disowning the king and all the bring both in guilty by their own confession ; ministers of this church, excepting Mr. Donald and the court sentences both to be hanged in Cargil. The paper was produced, and they the Grass-market upon the 11th instant. acknowledged they had signed it. They are .." Upon the 8th of March, William Gougar found guilty, and sentenced to be hanged at in Borrowstounness, and Robert Sangster a the Grass-market, apon the 13th instant, and Stirlingshire nian, are indicted, as above, their heads to be severed from their body, and before the justiciary. The probation is their affixed to the Tolbooth of Cowpar. The last confession. The first acknowledges he was at two of them are named in the Cloud of WitBothwel-bridge, and refuses to take the bond ; nesses, and their speech or testimony set that he was at Tor-wood, and owns Mr. Car- down. I know no further about them. The çil's excommunication, and says, he thinks it paper, by the citations from it in their process, lawful to kill the king's servants, because they is very wild, and seems to smell of Gib and are enemies to Christ; owos the Sanquhar and his delusions. Queensferry papers; and refuses to sign. « I come now to give some account of the Robert Sangster owns Bothwel rising, and trial of Mr. Donald Cargil, and four others Tor-wood excommunication, as lawful, disowns with him, who were executed the 27th of July, the king's autiority, says, it is lawful to kill the day before the meeting of parliament, this him and the judges, in as far as they are year. 'It hath been noticed in the former part against God, and adds, he thinks they are of this bistory, that it was not unusual to grace God's enemies. He refuses to sign. The that solemnity with the execution of some of assize bring in both guilty, and they are sen- the persecuted party. tenced to be hanged at the grass-market, the “We have already heard much of Mr. Cargil, 11tb instant.

and I shall not offer here any account of this “ John Murray, June 2, is recommended by good man, and successful preacher of the the council to the king's clemency, as being gospel. It is but a hint or two at matters of rather misled than malicious. The other three fact concerning him that I can give, leaving were executed. William Gougar had a short the vindication of several singular and peculiar paper in his bible, which he designed to have steps he took, trwards the end of his ministry, delivered as his speech to the spectators ; to such who approve all that he did. There whether it be that which is printed, and goes were not a few remarkable steps of providence under his name, I know not; for I' find it re. in his call unto, and settlement in the parish of marked at this time, that Gib and his followers, the barony of Glasgow, some time before the both put some well-meaning prisoners to restoration, which being out of my road bere, beiglits they would not otherwise have gone I pass with a regret, that none have been at to, ad corrupted and made additions to papers pains to collect and publish a well attested acwhich went under their name. This paper, it count of remarkable providences towards miseems, fell into the hands of some of the sol- nisters and Christians in the Church of Scot. diers at the ladder-foot, and enraged them, and land, since our reformation from Popery, made them treat him very harshly. They Many likewise were his wonderful preservatred his bands very strait before be went up tions in his wanderings and sufferings, since the ladder, and when gone up, and beginning the turning out of the body of Presbyterian to speak, the drums were ruffled, and he was ministers, and under the particular spíte and turned off the ladder, without time so much as malice exercised against him ; of which, with to pray : such was their barbarity upon the those of others in this period, had I good 'attesleast provocation.

tations, I would reckon a collection of them ** Another process is interited before the jus- would be a very agreeable and useful appen: ticiary, July 11, agajust three country people dage to this work. jo Fife, Adam Philip, Lawrence Hay a wea- * Mr. Cargil's sufferings are what I am ver, and Andrew Pittilloch land-labourer. now concerned in. We have already beard, There was no act of rebellion, nor field-con- he was, for his freedom in his sermous, after venticles alledged against them. These three the king's restoration, and refusing to solemhad joyned in a suciety for prayer and con- nize the anniversary day appointed by parliaference in Fife, when they bad not the gospel ment, particularly the object of the persecutors preached to them by any they could hear. rage, and continued under many and inexTheir society, in June last, tiad agreed to, pressible difficulties till after Bothwel. The

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