Charles Maitland of Hatton, Lord Theasurer Deput, being solemolie sworne depons, that Hackstoun of Rathilet being brought before the lords of his majesties privie council, 'efter skirts. Upon which he was incontinent carried away to the scaffold, at the market-cross of Edinburgh, where he died with great torture inflicted upon his body." A Cloud of Witnesses for the royal prerogatives of Jesus Christ; or the Last Speeches and Testimonies of those who have suffered for the truth in Scotland, since the year 1680. Edinburgh 1810.

In the same work, are inserted four Letters written by Hackstoun, shortly before his death,

from the first of which, dated from the Tolbooth of Edinburgh, July 26th 1680, is extracted the following passage, giving an account of the rencounter at Airs-Moss, (July 20th 1680) and what befel him afterwards.

Follows the Extract of the Proceedings of the Privy Council, Edinburgh, July 29, 1680. "In presence of the lords justiciary, clerk and commissioners of justiciary, compeared David Hackstoun of Rathillet, and declines the king's majesty's authority, the authority of the commissioners of justiciary, as his judges, and absolutely refuses to sign this declaration, know how it was then, and how it hath been "And now, knowing ye will be anxious to as being before persons who are not his judges. since with me: First, we getting notice of a He refused to answer concerning the murder party out seeking us, sent two on Wednesday of the late bishop of St. Andrews, and says, night late, to know their motion, and lay on a the clauses of his declinement are, because muirside all night; and Thursday about ten they have usurped the supremacy over the hours we went to take some meat, and sent church, belonging alone to Jesus Christ, and out other two, and desired them to consult with have established idolatry, perjury, and other iniquities; and in prosecuting their design, in the first two, who had not come to us, but confirming themselves in this usurped right, and told us, it was unnecessary to send any for were lying down to sleep, who all four returned have shed much innocent blood. Therefore the said David, adhering to Christ, his rights, intelligence, they having secured it. Whereand kingly office over the church, declines upon, after we had gotten some meat, we came them that are his open enemies and competito a piece of grass, and lay down, and presently we ivere all alarmed that they were upon us; tors for his crown and power, as competent and so making ready, we saw them coming judges; refuses, as formerly, to sign this his fast on; and that about three or four hours in declaration, dated from his own mouth; wherethe afternoon; and each one resolving to fight, upon his majesty's advocate takes instruI rode off and found a strength for our advantments, and requires the commissioners of justiciary to sign the same in his presence, as for age, and drew up quickly eight horse on the him; and his majesty's advocate takes instru- right hand with R.D. and fifteen on the left with me, being no more; the foot not being ments, that the said David has declined his forty, and many of them ill armed in the midst. majesty's authority, and the authority of his The enemy advanced fast, about one hundred commissioners, and refused to deny the murder and twelve, well armed and horsed; who sendof the late bishop of St. Andrews, and requires Messrs. John Vas, James Balfour, and the ing about twenty dragoons on foot to take the wind of us, we sent a party on foot to meet men of the court, witnesses to the foresaid de-them, and the rest of us advanced immediately claration. Sic subscribitur-Sir Robert Mait

land, James Foulis, David Balfour, David Falconer, Rodger Hodge." "Upon Friday, July 30th, being again brought before the council, it was asked of him if he had any other thing to say? He answered, That which I have said I will seal it. Then they told him, they had something to say to him; and commanded him to sit down and receive his sentence; which willingly he did, but told them they were all bloody murderers, for all the power they had was derived from tyranny; and that these years bygone they have not only tyrannized over the Church of God, but have also grinded the faces of the poor, so that oppressions, bloodshed, perjury, and many murders were to be found in their

VOL. X.

after, when our horse fired, and wounded and killed some both horse and foot; our horse advanced to their faces, and we fired on each other; I being foremost, and finding the horse behind me broken, I then rode in amongst them, and went out at a side, without being wounded; I was pursued by severals, with whom I fought a good space; but at length 1 was striken down with three on horseback behind me; and receiving three wounds on the head, and falling, submitted to them, They' gave us all testimony of brave resolute men, What more of our men were killed, I did not see nor know; I was brought toward Douglas. They used me civilly, and brought me drink out of a house by the way. At Douglas, Janet Cleland was kind to me, and brought a surgeon

3 H

he hade declined the king's authoritie in councill. The chancellor having asked the pannall to me, who did but little to my wounds, only staunched the blood.

whither the archbishop of St. Andrews murder was a murder, he answered positive that he God; and that I knew of no authority nor judicatory this day in these nations, but what "Next morning I was brought to Lanark, were in a direct opposition to God, and so and brought before Dalziel, and lord Ross, could neither be of God, nor lawful, and that but I not satisfying them with answers, Dal- ther fruits were kything it, in that they were ziel did threaten to roast me; and carrying setting buggerers, murderers, sorcerers, and me to the tolbooth, caused me to be bound most such others at liberty from justice, and embarbarously, and cast me down, where I lay ploying them in their service, and made it their. till Saturday morning, without any being ad- whole work to oppress, kill, and destroy the mitted to look my wounds, or give me any Lord's people. The chancellor and all raged, ease whatsoever. And next morning they and desired me to instance one of such, so set brought me and John Pollock, and other two at liberty and employed. I answered to that, of us, near two miles on foot, I being without though it were enough to instance any such shoes, where that party which had broken us when I saw a judicatory to execute justice, yet at first, received us. They were commanded I would instance one; and I instanced a bugby Earlshall. We were horsed, civilly used by gerer, liberated at the sheriff court of Fife, and them on the way, and brought to Edinburgh afterwards employed in their service. At which about four in the afternoon, and carried about the chancellor raged and said I behoved to be the north side of the town to the foot of the a liar; but I offered to prove it. Bishop PaCanongate, where the town magistrates were, terson asked; if ever Pilate and that judicatory, who received us; and setting me on a horse who were direct enemies to Christ, were disownwith my face backward, and the other three ed by him as judges? I answered that I would bound on a goad of iron, and Mr. Cameron's answer no perjured prelate in the nation. He head carried on a halbert before me, and another answered, that he could not be called perjured, head in a sack, which I knew not, on a lad's because he never took that sacrilegious coveback; and so we were carried up the street to nent. I answered, that God would own that the parliament close, where I was taken down, covenant when none of them were to oppose and the rest loosed; all was done by the hang- it. They cried all, I was prophesying: Ianman. I was carried up to the council, and swered, I was not prophesying, but that I durst first put up into a room alone, where the chan- not doubt, but God who had such singular love cellor came, and asked if I knew him? I an- to these lands, as to bring them into covenant swered yes. I was brought in before the in so peculiar a manner with him, would let it council, where the chancellor read a ditto beseen that his faithfulness was engaged to carry against me. First, anent the bishop's murder, it through in opposition to his enemies. Some to which I answered, I was obliged by no law, asked, what I answered to that article of the either of God or man, to answer to it; and confession of faith concerning the king? Ianneither to accuse myself, nor reveal others by swered, it was cleared in these two covenants. vindicating myself, or any other way. The The advocate asked, what I said of that aradvocate asked, where I was the third day of ticle of the covenant, wherein we are bound May last year? To whom I answered I am to maintain and defend the king? 1 desired not bound to keep a memorial where I am, or him to tell out the rest of it, which was, in what I do every day. The chancellor asked, defence of religion, but not in the destruction if I thought it murder? To which I answered, of religion. The chancellor threatened me though I was not bound to answer such ques- with boots, and other terrible things; and said, tions, yet I would not call it so, but rather say, I should not have the benefit of a sudden death. it was no murder. The advocate said, Sir, you To which I answered, it would be but an addimust be a great liar, to say you remember not tion to their cruelties used against God's people where you was that day, it being so remark- before, and that I was there a prisoner of able a day. I replied, Sir, you must be a far Christ, owning his truths against his open enegreater liar, to say I answered such a thing. mies, and referred it to their own acts of parWhereupon the chancellor replied, My lord liament and council, to let their cruelty and opAdvocate, he said only, he was not bound to position to God and his people be seen. keep in memory every day's work.

"The chancellor asked, if I adhered to Mr. Cargill's papers, which they called the new covenant taken at the ferry? I answered, I would know what any would say against them. He asked, if I owned the king's authority? I told, though I was not bound to answer such questions, yet being permitted to speak, I would say somewhat to that. first that there could be no lawful authority but what was of God; and that no authority, stat ed in à direct opposition to God, could be of

And

"After this, they called for a surgeon, and removed me to another room; where he dressed my wounds. In which time, the chancellor came, and kindly asked, if ever I said to a shepherd on the Mounthill, that if I thought they would not put me to an ignominious death, I would refer myself to the chancellor? I said," No. He said, a shepherd came to him and said so. I said, that he, or any other who said. so to him, were liars. I was asked by some, concerning our strength. To which I told, how few we were, and how surprised by such

thought it was not. Depons that being inte- | pons that the little byble produced was ae. rogat, if he was present at the murder, he an- knowledged by the pannall to be his upon the swered that he was not obleidged to answer first weive of it. any such question, nor to accuse himself. DeSic subscribitur, JOHN VANSE. pons that being interogat, wher he was the third day of May 1679, he answered that he was not obliged to keep reckoning of dayes. Depons also that John Pollock prisoner did confesse before the lords of privie councill in the tortor, that he heard Hackstoun of Rathilet, say that he was with the murderers of the archbishop that day of the murder, but that he refused to joyne in the action, and this is the truth, as he shall answer to God.

Sic subscribitur,

CH. MAITLAND.

Mr. John Vanse, keeper of the Tolbuith, being solemnlie sworne, purged of partiall councill, depons upon the truth and veritie of David Hackstoun of Rathilet, his Declinator, signed by the justices upon the 28th of July instant. Depons that the pannall confest, he was in his sister's house in Mortoun, when he was searched for by the archbishop's servants and escaped.

Sic subscribitur, JOHN VANSE.

John M'Kenzie macer of court, purged and sworne, depons upon the truth and veritie of the said Declinator in all poynts.

Sic subscribitur, J. M'KENZIE, Macer. Mr. John Vanse being farder examined, de

His Majesty's Advocat, for farder probation produced the Depositions of James Anderson, in Tewchets, and others taken befor his maJesties privie councill, and befor the sheriff deput of Fyff, theranent; whereof the tenors

followe.:

Edinburgh the last of May 1679, in presence of the committee, for publict affairs, James Anderson in Tewchets in Largo aged 50 years, or thereby, being sworne and inte rogat what he knowes of the murder of the late archbishop of St. Andrews, depones, that upon the third of May instant, the day of the murder, The deponent being that day at Bal coturmiln, and having returned home betwixt two and three in the efternoon, Thomas Cowe, the deponent's servant told the deponent, that yn armed men hade possest his barne, and sett out centries, and would not suffer any of the people to goe from the toun, untill they re moved, which was about seven o'clock at night, and at parting each of them shook hands with the deponent, whom he knowes to be these fol loweing, viz. David Hackstoun of Rathilet, who is a tall slender man, black haired and black visaged, who hade ane brownish gray horse truth. He said, that he never took the covenant, and so could not be perjured. I answered, Prelacy itself was abjured by the whole nation. He told me, that the whole council found, I was a man of great parts, and also of good birth. I replied, for my birth, I was.related to the best in the kingdom, which I thought little of; and for my parts, they were small; yet I trusted so much to the goodness of that cause for which I was a prisoner, that if they would give God that justice as to let his cause be disputed, I doubted not to plead it against all that could speak against it. It was cast up to me both at the council and here, that there were not two hundred in the nation to own our cause. I answered at both times, that the cause of Christ had been often owned by fewer. I was pressed to take advice; I "In all these trials (I bless the Lord) 1 was answered, I would advise with God and my stayed, unmoved, no alteration of countenance own conscience, and would not depend on men, in the least, nor impatience appeared. Some and refused to debate any more, since it was to of them have come to me, and regretted that no purpose, being troublesome to me, and such a man as I should have been led away not advantageous to the cause. At the counwith Cameron. I answered, he was a faithful cil, some said, I was possessed with a devil; minister of Jesus Christ, and as for me, I de- some one thing, some another. The chancellor sired to be one of those despicable ones whom said, I was a vicious man; I answered, while Christ choosed. They said, it was a Quaker-I was so, I had been acceptable to him; but like answer. I told it was the words of Christ and his apostles. Bishop Paterson's brother, unknown to me, had a long reasoning with me, but I think not to truth's disadvantage. He told me, that the whole council observed, that I gave them not their due titles; at which I smiled, and made no reply. He said, I was ill to the bishop. I told, that I asserted the

a strong party, and that knowing with what cruel orders they came against us, we were forced to fight. After dressing of my wounds, I was brought back to them, and these things being written, were read over to me; to which I adhered; and being asked, if I would sign them, I said not. The chancellor said, he would do it for me. Some one of them asked, at the first time, concerning my being at some other business: to whom I answered, that though I was not obliged to answer such questions, yet I adhered to all that had been done in behalf of that cause against its enemies. After which, I was sent to the Tolbooth, and have met since with all manner of kindness, and want for nothing. My wounds are duly dressed, which, I fear, may prove deadly, they being all in the head, the rest of my body is safe.

now, when otherwise, it was not so. He asked me, if I would yet own that cause with my blood, if at liberty? I answered, both our fathers had owned it with the hazard of their blood before me. Then I was called by all, a murderer. I answered, God should decide it betwixt us, to whom 1 refer it, who were most murderers in his sight, they or I."

Sic Subscribitur, Kinloch, of the age of twentie years, or thereCicill Smith, servitrix to John Balfour, of by, being sworne and examined, depons as she shall answer to God, that she being at Rathilet yesterday, she heard that her master John Balfour, and Rathilet, was at Rathilet on Friday morning, but she did not see them, and she was at Rathilet on Satterdays night, and non of them was ther then, and that ane coat sently she declaires it belongs to Rathilet. Delyned red, producet by one of the sojors, pres pons she cannot wreitt.

of Rathilet, about 25 years of age or thereby, Jannet Wilson, servitrix to the said Laird depons upon oath, as she shall answer to God, that her master was at home on Friday last, and John Balfour of Kinloch was with him, and they went away in the efternoon, and ther was some other common persons with them, her master did ryd away on ane gray horse, and John Balfour had ane bay horse, aud another man, her master, hade ane cloak lyned, with red cloath, and that she heard that other man's name was George Balfour, but knowes not wher he lives. Depons she cannot wreitt,

Sic Subscribitur, WM. CARMICHAELL. Jannet Balverage, servitrix to the laird of Rathilet, about 30 years of age, or therby, de pons upon oath, as she shall answer to God, That her master was at home at Rathilet, on Frydays night, and John Balfour and another man with them, and that they hade all armes to

witt, pistols and swords, and did ryd away on ther came a man ryding throwe the elosse with Frydayes night together, Rathilet hade ane pistolls and sword, and then they told the develvet cape on his head, and ane clock lyned ponent that the bishop's coach was now gone red, and John Balfour hade ane cape, and the by, and efterwards sitting still in the house he other young man ane bonnet, and the coat pro-heard two shotts, and then went furth of the duced be the sojors is Rathilets coat. Depons she cannot wreitt.

James Kinneir, servitor to Rathilet, 24 years of age or therby, depons, his master was at home on Fryday last, and did ryd away at night on a gray horse, and John Balfour his brother in lawe, and George Balfour in Gilstown, and another person who was said to be Andrew Guilan, Wobster in Balmirinoch, his master had armes and pistolls, for the rest he knowes not if they hade armes, being at a distance, they did ryd eastward, toward Kilmany. Depons he did not see his master since, nor knowes not wher he is. Depons, he cannot wreit; depons John Balfour was ryding on ane bay horse, and the Wobster on ane whitt horse, which they said belonged to George Balfour, and that John Balfour hade ane cape on his head, all which he depons to be of veritie as he shall answer to God.

house and heard another shott, the reek✶ wherof covered the coach, and that he heard great screecking of ane woman, which made him ap he would be killed, and that he did see about nyn prehend if my lord St. Andrews was in the coach men on horses that was accessorie to the act; but he knowes non of them, and efterwards they went southward from the coach a litle, and returned againe to the coach, and then went straight westward as they came, the deoner being at ane distance from them about half a myle or therby.

Sic Subscribitur,

JAMES ROBERTSONE.
WM. CARMICHAELL.

William Balfour, servitor to John Millar, tenent in Magask, married man, 32 years age, or thereby, being sworne and examined depons upon oath, as he shall answer to God, that on Satterday last, the third of May instant, betwixt ten and twelve hours in the day, he was in the barn yard of Magask, and ther came several persons ther ryding on horses, near twelve men, or thereby, and one of them came throwe the closse of Magask, and he thought they hade been the king's guard, and he went

William Bowman, servitor to John Lourie, tenant in Rathilet, of the age of 20 years or thereby, Depons upon oath as he sball answer to God, that he did see Rathilet on Fry-in and told his master would be taken, and days night last ryd away on ane gray horse with John Balfour of Kinloch, and other two men with them ryding on horses, the one of them was called ane Wobster, a litle man with ane bonnet, and John Balfour hade ane cape on his head, they hade swords, at least some of them, be being at ane distance, and their backs to him, befor he did see them ryding away towards the smiddie, about two pair of butts from him. Depons he cannot wreitt, and that John Balfour was on aue bay horse.

Sic Subscribitur, WM. CARMICHAELL. William Tullois, servitor to Rathilet, about eighteen years or thereby, depons upon oath as he shall answer to God, that his master was at home on Fryday last, and John Balfour and George Balfour in Gilstoun, and Andrew Guilan Wobster in Balmirinoch, and they did ryd away in the evening eastward, and they had all swords, and his master and John Balfour hade hulsters on their horses, and his master's horse was gray, and John Balfour hade ane cape on his head.

they did ryd throwe the land hastily toward the East dyk of Magask, and did followe the bishop's coach, whom he did see they did shutt efter the coach, and turned the coach, and killed my lord St. Andrews. Also the deponer depops he knewe James Russill in Kingskettle, was one of them, and did ryd throwe the closse of Magask, on ane browne horse, and George Balfour of Gilstoun was ther, he did see him also, it was ane brown and ane grey horse that did turne the coach, and George Balfour was ryding on ane gray horse, and the persons did let ther cloaks fie from them at Magask dykes, and efterward, when they did the murder, they came and took up their cloaks againe, but the deponer being terrified, convoyed himself out of the way to the house, Depons he cannot wreitt,

Sic Subscribitur, W. CARMICHAEL.

The pannall David Hackstoun of Rathilet, being interrogat by his majesties advocat in ordor to his own vindication, wher he was, the tyme the arch-bishop was murdered, and wher he first heard of the murder, and it he was in

his sister's house in Mortoun, the night he was
his former Declinator.
searched for, refuses to answer, but adheres to

Sic Subscribitur, WM. CARMICHAELL. COUPAR, the 8th of May. James Robinson of Dunnork, married man of the age of 42 years or thereby, depons upon oath as he shall answer to God, that upon Satterday last the 3d of May instant, he came from his own house, about ten hours in the forenoon, and came to John Millar's house tennent in the Magask, and went in ther and took ane pype of tobacco, and one of John Millar's servants came in and * Smoke. Jamieson spells the word in three told that his master would be taken, becauseways, Reik, Reek, Røk,

Efter leading and adduceing of the whille Probation, the lords ordained the Assyse, to inclose and returne ther verdict, who accordinglie removed altogither furth of the court