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the assize, as the world, that there was a con- and having got so short time, it cannot be ex. spiracy; and indeed this speech seems con- pected from me in reason that I should say 'trived ou purpose to stretch every tbing against much. Jerviswood.
Only for my own vindication, and the vin“ I wish I could give as good an account of dication of my religion, I do testify and dethe moving speech Mr. Baily had to the in- clare in the sight of the omniscient God, and quest, and the home thrusts be gave the advo- • as I hope for mercy on the day of Christ's cate; but I can only say he appealed to the advo- appearance, that I was never conscious to cate's conscience, whether he was not satisfied any conspiracy against the life of his sacred as to bis innocence, and had not owned so much majesty, or the life of his royal highness the to himself; wbich the other acknowledged, duke of Albany and York, or the life of any but added, he acted now by order from the go- 'other person whatsomever. vernment; and to the advocate and judges, be, • That I was never conscious to any plot in like a dying man, most pathetically disclaimed any of the nations, for the overthrow and subany access to, or knowledge of any design version of the government; and that I de. against the king or his brother's life; but signed nothing in all my public appearances, added, if his life must go for his essays to pre- which have been few, but the preservation of vent a popish succession, he owned ihem, and the protestant religion, the safety of bis beartily parted with his life as a testimony majesty's person, the continuation of our anagainst a papist's mounting the throne. cient government upon the foundations of
" When all this is over, the assize are or- | justice and righteousness, the redressing of dered to inclose, and bring in their verdict to vur just grievances by king and parliament, morrow by nine of the clock; which was done, 'the relieving of the oppressed, and putting a and is as follows. The assize in one voice
stop to the shedding of blood. • finds the crimes of art and part in the conspi- • As for my principles with relation to go
racy and plot libelled, and of concealing and vernment, they are such, as I ought not to • not revealing the same, clearly proven against be ashamed of, being consonant to the word • Mr. Robert Baily the pannel, in respect of • of God, the confessions of faith of the re• depositions of witnesses and adminicies ad- • formed churches, the rules of policy, reason, • duced.' STRATH MORE, Chancel.
• and humanity. “Upon the opening of the verdict,• The lords • I die a member of the church of Scotland, * decerned and adjudged the said Mr. Robert as it was constitute in its best and purest time
Baily of Jerviswood, to be taken to the mar. * under presbytery, judging that form of go• ket-cross of Edinburgh, this 24th day of De- vernment most conducing to piety and godcember, 'twixt two and four in the afternoon, liness, and most suitable for this nation. and there to be banged on a gibbet till he be • I die a bater of popish idolatry and super• dead, and his head to be cut off, and his body stition. The faint zeal I have had against
to be quartered in four, and his head to be popery, and for the preservation of the pro- affixed upon the Nether-bow port of Edin- testant religion in this nation, bath brought • burgh, one of his quarters on the Tolbooth of • me to this condition. I am very apprehenJedburgh, another on the Tolbooth of La- sive popish idolatry will be the plague of Scot• nerk, a third on the Tolbooth of Air, and a
land. • fourth on the Tolbooth of Glasgow, and or- 'God open the eyes of his people, to consider • dain his name, fame, memory, and honours, • the hazard they are in of popery; It seems • to be extinct, his blood to be tainted, &c. as the generation is fitted for it, and all the ea• in common form; which was pronounced for gines of hell have been made use of to de• doom.'
• bauch the consciences of people, that they “Thus this saint of God is hasted away to may be fitted for idolatry and superstition. his father's house. In two days time they begin
• Men are compelled to take contradictory and end his process, and executed him as if oaths, that they may believe things that have they had been in tears of being prevented by a
a contradiction in them. natural death. His carriage was most sedate,
• I know I will not be allowed to speak what courageous, and christian, after his sentence, I would, and therefore I will say little. I and during the few hours he had to live. And bless God this day, that I know whom I at his execution he was in the greatest serenity
have believed, and to whom I have comof soul possible almost for a person on this
* mittel my soul as unto a faithful keeper. I side of heaven, though extremely low in his know I am going to iny God and chief joy. body. He prepared a speech to have delivered My soul blesseth God and rejoyceth in him, on the scatfold, but was hindered. Under the that death cannot separate betwixt me and prospect of this he left copies with his friends, my
God. and it deserves a room here, as containing a
• I leave my wife and children upon the short and distinct view of his case.
compassionate and merciful heart of my
God, having many reiterated assurances that The Last SPEECH of Mr. Robert Baily of Jer
• God' will be my God, and the portion of viswood, who died at the Cross of Edin-mine. burgb, December 24, 1684.
• I bless and adore my God, that death for a • Having received such usage as I have dope, long time hath been no terror to me, but ra:
ther much desired ; and that my blessed Jesus over on the bed, and fell into a wonderful hath taken the sting out of it, and made it rapture of joy, from the assurance he had, a bed of roses to all that have laid hold on that in a few hours he would be inconceivably • him by faith, which worketh by love. happy. Being, after a little silence, askock
My soul bleeds for the deplorable condition how he was, he answered, Nerer better, and of the church of Scotland; we are losing the in a few hours I'll be well beyond all concepgospel, having fallen from our first love and tion; they are going to send ine in pieces and • zeal, therefore God is threatening to spue us quarters through the country, they may bag * out of his mouth. Oh that my blood might and bew my body as tbey please, but I know
contribute in the least to awaken the remnant assurelly nothing shall be lost, but all these my to do their first works, and might contribute brenbers shall be wonderfully gathered, and * to establish any of bis in the ways of holiness made like Christ's glorious body. When at and righteousness.
the scaffold, he was not able to go up the ladI have had sharp sufferings for a considerable der without support. When on it, he said, lily time, and yet I must say, to the commenda- faint zeal for the protestant religion has * tion of the grace of God, my suffering time brought me to this end; and the drums iuter• hath been my best time ; and when my suffer rupted him. Their spite against his body was ings have been sharpest, my spiritual joys and very great, and I am told the quarters of it lay consolations have been greatest. Let done in the thieves-hole for three weeks, before they • be afraid of the cross of Christ, his cross is were placed as in the sentence.
our greatest glory. Let all who love God in “ There are some other noblemen and gensincerity, prepare for the hardest of suffering, tlemen, I meet with this year in the councilfor fire and gibbets; the aversation that is in registers, attacked for the plot, as the earl of all to the cross of Christ, is the bane of our Tarras, who, as we have lieard, was indicted professors.
before he was made use of as a witness against I am much afraid, that Christ will be put Jerviswood, and the laird of Polwart, since the to opery shame in Scotland, and will be cru- revolution chancellor of Scotland, and king's cified afresh, and his precious blood accounted commissioner, and Pringle of Torwoodlie, and unholy and polluted, and that Christ, in his some others; but their processes not being * members, may be buried for a while in the brought to an issue till next year, I reserve (nation; yet I have good ground of hope them till then, that we may have the full view
to believe, that the sun of righteousness will of all which concerns them.” ' yet shine again, with healing under his
And in the Additions and Amendments pre. • wings. Oh that God would awaken his remnant fixed to his second volume, Woodrow says, while it is to day, that they may consider “ After the case of that singular person Mr. wbat belongs to their peace. Wo will be Baily of Jerviswood was printed off, I received 'to them that are instrumental to banish Christ a narrative of some further circumstances of
out of the land, and blessed are they who his Trial from a worthy friend of mine who are instrumental, by a gospel conversation, was present, and a mournful spectator. What
and continual wrestling with God, to keep passed made so deep impression upon him, that Christ in the nation. He is the glory of a he is distinct as to the very words and phrases • land, and if we could but love him, he could that were used, and I thought they deserved a not part with us. Wo be to them that would room here. rather banish Christ out of the land than love “ Jerviswood being much indisposed, came bim. God pour out his spirit plenteously on to the bar of the Justiciary in his night-gown, his poor remnant, that they may give God attended by his sister, who several times gare no rest till he make his Jerusalem the joy and bim cordials, he being so ill as he was obliged praise of the whole earth.
to sit down on a stool. He heard all very I have no more time, but they who love patiently ; only when
was reading God I hope bave minded me in my affliction, his long narrative, Jerviswood would now and and do mind me now, and will mind my wife then look upwards, and hold up his hands. and children. I go with joy to him who is the When the declarations and affidavits that came joy and bridegroom of iny soul, to him who from England were read, he appeared to be in * is the Saviour and Redeemer of my soul. I some concern, and said, Oh, oh! staring upon go with rejoycing to the God of my life, to the king's advocate. my portion and inheritance, to the husband “But when the advocate, in his discourse of my soul. Come, Lord.'
to the assize, insisted on those declarations and
affidavits, and enlarged more fully upon them “I have several circumstances of this ex. than in the speech be caused print in Jervis. cellent person's carriage, during the trial and wood's trial, then Jerviswood stared bim very execution, too large to be insert here. When broad, and appeared to be very much troubled. his sentence was intimated, he said, My lords, “After the advocate had ended bis discourse, the time is short, the sentence is sharji, but I Jerviswood desired liberty of the earl of Linthank my God who hath made me as fit to lithgow, to speak a few words, not being able die, as ye are to live.. When sent back to his to say much because of his great weakness. room in the prison, after sentence, he leaned which being granted he spake to this purpose, VOL. X.
• That the sickness now upon him in all human sence of your lordships and all here, I soappearance would soon prove mortal, and be lemnly declare, that never was I prompted, could not live many days; but be found he or privy to any such thing, and that I abhor * was intended for a public sacrifice in his life and detest all thoughts or principles for touch • and estate ; that he would say nothing as to ing the life and blood of his sacred majesty,
the justice of their lordships' interlocutor, and or bis royal brother. I was ever for monar• was sorry bis Trial had given them so much chical government. + and long trouble, by staying so long in the “ And then looking directly upon the king's • court, it being then past midnight. And advocate, be said, "My lord, I think it very then addressed himself to the assize, telling strange you charge me with such abominable them,
he doubted not, but they would act as things ; you may remember, that when you • men of honour ; that there were hard things came to me in prison, you told me such things
in the depositions of the witnesses against him, were laid to my charge, but that you did not wbicb was to be their rule, and that nothing believe them. How then, my lord, come you he could say was to prevail with thein; * to lay such a stain upon me, with so much
yet for the exoneration of his own copscience, violence ? are you now convinced in your and that bis poor memory and family might conscience, that I am more guilty than be
not fuffer anjustly, he beboved to say, that · fore ? You may remember what passed be« the most material witnesses were corres- twixt us in the prison.' • pondents, and life might be precious to some; “ The whole audience fixed their eyes upon
that one of them was very happy in a me- the advocate, who appeared in no small confu• mury, yet he was sure there were some things sion, and said, " Jerviswood, I own what you
said to be spoken in a meeting where he was say, my thoughts there were as a private man; « which, he was positive, were not at least wbile but what I say bere is by special direction of 1 .be was there ; withal he most heartily forgave the privy council ;' and, pointing to sir Wila • thein. But there is one thing, says he, which liam Paterson, clerk, added, "be knows my • vexes me extremely, and wherein I am in orders. Well,' says Jerviswood, if your jared to the utmost degree, and that is for a lordship bave one conscience for yourself,
plot to cut off the king and his royal highness, and another for the council, I pray God for • and that I sat up nights to form a declaration give you, I do.' And turning to the justiceito palliate or justity such a villainy. I am in general, he said, “My lord, I trouble your lord• probability to appear, in some hours, before ships no further." • the tribunal of the Great Judge, and, in pre
$15. Proceedings against John SPREUIL and Robert FERGUSON,
in the Court of Justiciary at Edinburgh, for Treason and Rebellion : 33 CHARLES II. A.D. 1681. [Now first printed from
the Records of Justiciary at Edinburgh.*] CURIA JUSTICIARIÆ S. D. N. Regis tenta in Curia JUSTICIARIE, S. D. N. Regis tenta in pre
Prætorio Burgi de Edinburgh, secundo torio Burgi de Edinburgh sexto die mendie Mensis, Martii 1681, per Honorabiles eis Junii 1681, per honorabiles viros, viros Richardum Maitland de Duddop Richardum Maitland de Duddop, JusticiJusticiariæ, Clericum, Robertum, Demi- ariæ, Clericum, Robertum Dominum de num de Nairn, Dominos Jacobum Fou- Nairn, Dominos Jacobum Foulis de Çolis de Colintoun, Davidem Balfour de lintonn, Davidem Balfour de Forret, et Forret, et Davidem Falconer de New- Davidem Falconer de Newtoun, Commis. toun, Commissionarios Justiciariæ dicti S, sionarios Justiciarie dicti S. D. N. Regis. D. N. Regis : Caria legitime affirmata.
Curia legitime affirmata. Intran
Intran John SPREULL, Appothecary, prisoner:
John Spreull, appothecary in Glasgowe, priINDYTED and accused for the crymes of soner, treason and rebellion committed behim in Indyted and accused for rysing and joining manner mentioned in his Dittay.
in armes with the rebells at Bothwellbrige in Persewers Our sovereign lord's Advocate.
June 1679, in manner mentioned in his Dittay.
Persewer.-Sir George M.Kenzie of RoseProcurators in Defence. Mr. David Thoirs, baugh, our sovereigne lord's Advocate. Mr. James Daes.
Procurators in Defence – Mr. Walter PrinThe lords continue the dyet against the said yle. John Spreull till the first Monday of June next,
The lords for several canses moveing them and ordaines the haill witnesses for the per- deserted and be thir presents deserts the dyet sewer and pannall to attend the said dyet, as simpliciter : also the haill' assysers, ilk person under the The lords continue the dyet against Robert paine of 200 merks.
Ferguson of Letterpin till Fryday nixt. # The MS. of this case, and some other Scots severed therein without confession of the crimes cases, was not obtained in time for insertion in laid to bis charge, the same purged all the exact chronological order. This case formed preceding indicia et præsumptiones that urged part of that persecution of the Presbyterians him, so that he can never be questiuned on which is related in the 4th vol. of Mr. Laing's these again, except new presumptions shoirld history of Scotland, and very circumstantially emerge against him; as was found in 1632, in detailed in Wodrow's History of the Sufferings the case of Toshack of Mopivaird, accused for of the Church of Scotland.
burning the tower of Frendraught. It was anThe following passages in Fountainhall re
swered by the advocate, that there were farther late to Spreul :
presumptions quæ cum gravabant, which are
i noviter venientes ad notitiam.' 2do, His de“ May 14, 1679. Mr. John Spreul in nial in the torture could never purge, because Glasgow upon suspicion was brought before these who examined him in the torture had no them, and because he shifted to call it the mur- power nor commission from the privy council der of the bishop, and to tell who lodged with to ask these questions at him, and he was not him the night after the murder bappened; he bound to have answered beyond their warrant; was threateved with the boots, but at length he (and yet it would have been thought presumpsatisfied them.
tion enough in him to bave sought to limit thera “ June 10, 1681. Criminal Court. John to their commission.) The criminal Jords re. Spreul being pannelled for treason, and that pelled the defence, and found the torture purged diet being deserted against bim, and a new not the preceding indicia. summons of treason given bim in the very “ On the 13th June, the said John Spreul court, at the bar, by a herald in his coat, with was tried at the criminal court, and probation sound of trumpet, for being with the rebels at led against him, who deponed they saw one Bothwell bridge, (though he produced testifi. called John Sprenl at Bothwell bridge, but they cates that be was in Ireland all that time,) and knew not if the pannel was be, and there being
for being present at Cargill's excommunicatiog another of that same nanse present in the court, of the king, (but naked presence bere was not (who confessed his being at Bothwell bridge, treasonable, without some farther concourse and had taken the benefit of the indemnity,) to and accession,) and it being alleuged for him, whom all the tokens and descriptions they gave that being put to the torture, and baving per agreed more than to the pannel, as the colour of Cursi JUSTICIARIE S. D. N. Regis tenta in præ- Indyted and accused that where notwith.
toria Burgi de Edinburgh, decimo die standing be the common lawe, lawe of nations, Mensis Junii, 1681, per honorabiles viros lawes and acts of parliament, and constant Gulielmum, Comitem de Queinsberrie practique of this kingdom, the ryseing of his Justiciarii, generalem Richardum Mait- majesties subjects, or any number of them, land de Daddop Justiciariæ, Clericum, the joyping and assenbleing together in armes, Roberti, Dominum de Nairn, Dominos, without and contrarie to his majesties comJacobum Foulis de Colintoun, Davidem mand, warrand and authoritie, and the abaiting, Balfour de Forrett, et Davidem Falconer assisting, recepting, intercommuning, or keepde Newtoun, Commissionarios Justiciariæ ing company, or correspondence with such dicti S. D. N. Regis. Curia legitime rebells, either with or without armes, and supaflirmata.
plieing of them with levies of men, horse, money, Iniran
arines, and furnishing them with meat, drink,
powder, ball, or other munition bellicall, most John Spreull, appothecary in Glasgowe. detastable, horrid, hynous and abominable
Robert Ferguson of Leiterpin, prisoners in crymes of' rebellion, treason and lese majestie, the 'Tolbuith of Edinburgh.
and are punishable with forfaulture and essheat his horse, his having a cap and not a bat, a give that character of him which he deserves, black peruke, &c. The assize, upon this, and therefore I shall only relate his sufferings cleansed and 'assoilzied him; notwithstanding as they stond in the public records, intermix. whereof the king's advocate procured an order, ing some other bints wbich I have well from the privý council, to detain bim still in vouched. prison, till he got a new indictment, which was “ Mr. Spreul's troubles begap very soon after ihe 3il, to wit, for treasonable expressions ut- Pentland. His father, John Spreul, merchant tered by him before the council, such as re- in Paisly, was fined by Middleton, although fusing to call Bothwell bridge a rebellion, or he had suffered for his refusing the tender; he the assassinating and killing the archbishop a paid the one half of his fine, and being pro, murder: which last is no treason, though it be secuted for the other, or rather his refusing a very perverse opinion.
the declaration, he was forced, with many “ On the 14th June, the king's advocate other worthy persons, to abscond. When ge having complained to the king's council that the neral Dalziel came, as we have heard, to Kil
. witnesses led against Spreul had prevaricated marnock 1667, a party of soldiers were sent to and depoped falsely, at least did conceal their Paisly, and took Mr. Spreul, whose sufferings knowledge: it was moved by my lord Haddo I am now relating, prisoner, merely because and approven by the king's advocate, that wit- he would not discover where his father was. nesses in such a case might be tortured when At that time, after many terrible threatnings they vary, as well as parties. This is indeed of being sbot to death, roasted at a fire, and the agreeable to the R. law, but does not suit the like, and some short confinement, he was dis. genius of our nation, wbich looks upon the missed. torture of the boots as a barbarous reniedy ; “ In the year 1677, he was, with Aikenhead and yet of late it bath been frequently used and many other gentlemen, cited before a court among us. I think, however, these witnesses in Glasgow, of which some account has been deserve to be punished, yet the assize should already given. Finding that severity was de. not look upon the testimonies of such witnesses signed against all that compeared, Mr. Spreul as a full probation, not being spontaneous and absented, and was with several other wortby voluntary, where they either are threatened persons denounced and intercommuned, though with the boots, or tortured,
nothing was laid to their charge but mere non“ After all this, on the 14th July 1681, conformity. Spreul is brought before the privy council, and “ This obliged him to quit his house and fined in 9,000 merks, for refusing to depone shop, and go abroad, sometimes to Holland, anent his presence at conventicles, the same France, and Ireland, and merchandize. He being referred to his oath conform to the 2nd was in Ireland with his uncle Mr. James Alexact of Parl. 1670; and be was ordained to be ander in May 1679, and came over to Scotsent to the Bass till be paid it."
land after the scuffle at Drumclog - in June, Wodrow says:
and went to his house at Crawford's-dyke,
where understanding the conduct of the west “ I shall end this section with an account of country army, he had no freedom to join them, the process against John Spreul, apothecary in though his own brother James Spreul, and Glasgow, who was before ihe Justiciary June two cousins, John Spreul writer, and John this year, and give it at some length, both be- Spreul merchant in Glasgow, were with them cause it was after torture, and made no little in arms. His business obliged him to be with noise ; at I have distinct and attested ac- some in that army, but he never joined them. counts of it, and he continued more than six “ After the defeat at Bothwel he absconded years a close prisoner after torture. This gen- again, however his wife and family was turned ileman is yet alive after all his sore sufferings, out of his house and shop, and all the moveand I know his modesty will not allow me to ables secured. Within a little he retired to