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Nor can we pray for him as a king, which he upon all passengers, should require this as the is not ; nor as a tyrant, except that he may sign of subjection to them, and only condition repent of and relinquish bis tyranny and usur whereupon such, as they apprehend and over pation : for tyrants as such cannot be saved, come, should be suffered to live, that they no more than papists as such ; for Tophet is should pray for preservation and prosperity to ordained of old, yea for the king it is prepared. them ? 'Would not this be wickedness thus to .... Isa. Xxx, 53. We cannot then pray for his pray for thieves and robbers? And are not salvation, except we pray for his repentance, tyrants the greatest of thieves, that rob and and relinquishing all his sins, and so we must destroy twenty for one of private robberies? pray for bis relinquishing his kingship, and that And do they not require this as such a siga he Foay cease to be king ; for that is bis sin, on such a condition. that he hath made himself king without God, “6. Lastly, then the plea will be reduced to and against the laws of the land.
this, that it is exacted as a badge of loyalty, " And now, while he continues such, we and sign, Tessera, Shibboleth of owning the must complain in prayer, not for his misgo- authority. Wbich I have at this length envernment only, but for that he governs, and deavoured to prove, cannot be conscientiously, desire to be delivered from him. See Gee's owned by us, in these circumstances. And Magistrate's Original, pag. 258. But now
even by ihis argument: that authority which considering what a man, and what a king he we cannot pray for, we cannot own; but we cane hath been, guilty of murder, adultery, idolatry, not pray for this tyrannical authority: thereunder sentence of the law both of God and fore, .... the minor I trust is in some measure man; we can pray no otherwise for him, than made manifest, by what is said above. And så for a murderer, adulterer, or an idolater. We I conclude this bead, with that form of prayer, cannot pray for him as cloathed with authority, that I use for the king. “O Lord God, to or that the Lord may bless bis government, for whom vengeance belongetb, shew thyself ; that is bis sin and our misery, that he is a go- lift up thyself, thou judge of the earth, reoder vernor: and his throne is a ihrone of iniquity, a reward to the proud. Lord, how long shall which we dare not pray may kave fellowship the wicked? how long shall the wicked triwith God. Can we pray that God would bless umph ? shall the throne of iniquity have felhim on a throne of iniquity? Could we pray, lowship with thee, that frameth mischief by a that the Lord would bless a drunkard in his law ? The mighty and terrible God destroy all drunkenness, abusing his enjoyments ? Or a kings and people, that put to their hand to alter thief in bis stealing, though he used his pur- and destroy the House of God. Overturn, overchase never so soberly ? What if prevailing turn, overturn this throne of tyranny, and let it robbers by land, or pirates by sea, preying be no more, until he come wbuse right it is.”
318. Proceedings against Sir Hugh CAMPBELL, Laird of Cesnock,
for Treason: 56 CHARLES II. A. D. 1684. [Wodrow's History
Campbel of Cesnock elder Campbell of
Cesnock younger, the laird of Rowaldan elder The Council appoint the King's Advocate and younger, Montgomery of Lang. to raise a process of Treason against the earl shaw, — Fairly of Brunsfield, Baily of Lowdon, lord Melvil, sir Jobn Cochran of of Jerviswood, Crawford younger of Ochiltree, John Cochran his son, sir Hugh Crawfordland, Stuart of Cultness, and
* Mr. Laing, in his History of Scotland, that Wodrow's work not unfrequeutly exhibits deservedly places great reliance on Wodrow's indications of credulity, and an inclination to work, and upon different occasions gives proofs the notion of particular providential judgof its authenticity and bears testimony to the ments. merits of the author. Lord Hailes does not speak with very great reverence of the saga
The following is Burnet's account of the city of any of the Ecclesiastical Historians of proceedings against the Campbells: Scotland. See his Historical Memorials con- “ When Castairs was put to the torture, and cerning the Provincial Councils of Scottish came to capitulate in order to the making a Clergy, &c. At p: 29, of that tract, he says discovery, he got a promise from the council, in a Hote, “ Keith was as incapable of de- that no use should be made of his deposition ceiving as he was of judging; I can make yo against any person whatsoever. He in his debetter excuse for this useful labourer in the position said somewbat that brought sir Hugh History of Scotland. When I say more for Cambell and his son under the guilt of treason, Calderwood and Wodrow, let me be termed who had been taken up in London two years partial and prejudiced.” It must be admitted, before, and were kept in prison all this while
Denholm of Westshiels, who being cited | Cesnock and his son, Rowallan elder and before the late Justice-air, upon several points younger, Crawfordland, Brunsfield, Alexander of Treason, it was made appear to them that Monro of Beaucrofts, Jerviswood, Mr. William at the time of their citation they were out of Carstairs, Hepburn son to Major Hepburn, the kingdom.
--- Spence servant to the late earl of Argyle, Nov. 3. The procedure of the Scots coun- prisoners at London suspect of high treason, cil at Londoo in this matter, is read at Edin- and some of them accused, to be sent prisoners burgh, and insert in the registers. • At White- to Edinburgh, to be tried according to law, beball October 22, 1683, present the king's ma- ing Scotsmen. jesty, his royal highness the duke of York, The English law conld not answer the view the earls of Murray, Middleton, Sonderland, they had against them, and our Scots law is Mar, Airly, Aucrum, Broadalbin, the treasurer- far more arbitrary, at least the procedure used depute, justice clerk, advocate, and John Wed- at this time whuld not have gone down in Engderburn of Gosford; his Majesty, with ad- land. Accordingly, those named were sent vice of his privy council, orders the laird of down, several of them I meet with no more
in the registers, and can say no further of them; The earl of Melfort got the promise of bis but these who were chiefly levelled at, we estate, which was about 1,0001. a year, as soon shall meet with in their order. By a letter as he should be convicted of high treason. So from the king, the advocate is ordered to proan act was brought in, which was to last only secute the above named persons for treason. six weeks; and enacted, that if within that Dec. 10, 1683. The council remit it to the time any of the privy council would depose bishop of Edinburgh, treasurer-depute, advothat any man was proved to be guilty of high cate, and colonel Graham of Claverbouse, to treason, he should upon such a proof be at consider the several papers sent down from Lontainted. Upon which, as soon as the act was don, and to put together what they find conpast, four of the privy council stood up, and cerning every prisoner, and to begin with what affirmed that the Cambells were proved by concerns Spence, and to endeavour to decypher Castairs's deposition to be guilty. Upou this the letters. both father and son were brought to the bar, Feb. 21, 1684. The advocate reports to the to see what they had to say, why the sentence council, that he hath found matter, as he con should not be executed. The old gentleman, ceived, to insist against sir Hugh Campbel of then near eighty, seeing the ruin of bis family Cesnock for Treason. The council February was determined, and that he was condemned 14th ordain him to insist; and appoint sir George in so unusual a manner, took courage, and Lockhart to concur in the said process with the said, the oppression they bad been under bad King's Advocate. * The design of this was driven them to despair, and made them think plain enough, to binder that able lawyer, who how they might secure their lives and fortunes: had vexed them so much in the earl of Arupon this he went to London, and had some gyle's process, to be employed by Cesnock. meetings with Baillie, and others : that one was Accordingly, upon Cesnock's petition, Feb. sent to Scotland to bioder all risings: that an 21," he is allowed to employ any advocate he oath of secrecy was indeed offered, but was pleases, and they are warranted to plead, still never taken upon all this. So it was pretended, excepting sir George Lockhart, he being alhe had confessed the crime, and by a shew of ready ordered to assist the king's advocate. t" mercy they were pardoned; but the earl of Melfort possessed bimself of their estate. The * The order of the Privy Council ordaining old gentleman died soon after. And very pro- the Lord Advocate to insist in the trial, is dated bably his death was bastened by his long and the 14th February 1684, and not the 12th as rigorous imprisonment, and this unexampled Wodrow has it. It is in these words. conclusion of it; wbich was so universally “ The lords of his majesties privy council condemned, that when the news of it was writ having heard and considered a representation to foreign parts, it was not easy to make peo- made by his majesties advocat, that he had got ple believe it possible.”
probation against sir Hugh Campbell, of Ces
pock, elder, sufficient, as be conceaved, to prove I believe that Margaret, the daughter and him guilty of treason, or airt and pairt thereof, heiress of sir George Campbell of Cesnock, doe give order and warrand to his majesties adwho appears to have been involved with his vocat, to raise and insist in a process of treason father in this charge of Treason, married Alex. against him before the justices, and doe ordain ander Hume, who assumed her name of Camp- and require sir George Lockeart advocat, to bell, and became, in 1704, a lord of session by concur with the king's advocat in the said prothe title of lord Cesnock. He was second son cess.” Privy Council Records, p. 253. of sir Patrick Hume, first earl of Marcbmont, + As to this, the entry in the Privy Council whom he succeeded in that title. Io 1714, hé Records, is as follows. « February 21st 1684. resigned his seat in the court of session to his Anent a petition presented by sir Hugh Campbrother sir Andrew. Hume. Mention is made bell of Cesnock, prisoner, within the Tolbooth of him in lady Murray's Narratite, printed in of Edinburgb, shewing that where the petithe Appendix to Mr. Rose's Observations on tioner being informed, that there is a process of Fox's Historical Work.
treason raised against him at the instance of his
However we shall find Cesnoek is not prose him John Weir of Newtoun, who is continued cuted upon the plot, but upon his accession to till: April, and the Advocate ipsists against Bothwel, and that the witnesses who had in- Cesnock, according to an Act of Council, formed against him retracted when in judg- dated February 14th, by which sir George ment.
Lockhart is appointed to concur with the Ad. I come now from the Records, and some vocate in this process. That day the process original Letters writ by a gentleman present at is delayed till March 24, when Cespock's Inthe Trial, to give a short and distinci account dictment was read as follows : of the process against that worthy gentleman CESNOCK'S INDICTMENT. 24th March 1681. sir Hugh Campbel elder of Cesnock, a very ancient and honourable family ; and because this Sir Hugh Campbel of Cesnock indicted and Trial was plainly invidious, and every thing accused, that where, notwithstanding by tbe stretched to the utmost height, I shall give the laws and acts of parliament of this kingdom, larger view of it.
and constant practick thereof, the rising of his Sir Hugh was iddicted March 17,* and with Majesty's subjects, or any number of them in
arms, without and contrary to bis Majesty's majesties advocat, and he being sensible that command, warrant and authority, and the aidhis majesty nor his laws does not allow any ing, abetting, assisting, resetting, supplying, person processed to be precluded of their just intercommuning, or keeping correspondence defences, but on the contrarie has ordained with open and manifest rebels, and the outthem to appear for any pannalles, and it is most hounding or ratihabiting of them, or doing ordinar for the counsel so to doe, yet the peti- them any favours, are crimes of high treason tioner having applied himself to sir George and panishable with forfeiture of life, lands Lockeart, and several other lawiers to compear and goods ; and by the 3 Act, 1 Parl. king for him in the said process, they absolutely Jam. 1. it is statute . That no man rebel against refise unless they be cominanded by your the king's person under the pain of forfeiture Joriships to that eifect, and therefore humbly of life, lands and goods; and by the fifth act supplicating the councill to ordain the said sirof his Majesty's first session of bis first parGeorge Lackeart, and any other advocats their liament, it is declared, That it shall be high lordships of councill and the petitioner shall treason to the subjects of this kingdom, or think litt, to advise, consult with, and appear • any number of them, more or less, upon for him in the said process, that the petitioner 'any ground or pretext whatsomever, to use or be not deprived of those legal and just defences continue in arms, to make peace, or war, or - he has to offer, and in the mean time to allow the any treaties, or leagues with foreigo princes freedom to them or any others that can be ser-or estates, or amongst themselves, without his viceable to the petitioner, free accesse. The majesty's special authority and approbation lords of bis majesties privie councill having first interponed thereto.' 'And all his maconsidered the forsaid petition, doe give warrant jesty's subjects are discharged, upon any preand allowance to any advocat the petitioner text whatsomever, to attempt any of those shail desire to appear for him, for his defence things under the pain of treason. And by in the processe of treason pursewed against him the 37 act 2 parl. Jam. 5, it is declared, “ That before the justices, at the instance of his mano man willfully maintain, or do favours to jesties advocat, excepting sir George Lockeart, open and manifest rebels against the kiog's he being tormerly ordered to concur with the majesty, under the pain of forfeiture ;' and king's advocat, and allows the magistrats of by the 144 act, parl. 12. Jam. 6. it is statute Edinburgh and keepers of the Tolbooth to give and ordained, That no man openly or notothe petitioner a fitt roum be himselfe ; and his riously rebel against the king's person or aufriends and advocats to have accesse to him, for thority, or make war against the king's preparing his defences, they being always an- ' lieges ; and that where any declared traiswerable for his saife custody." Privy Council Records, p. 257.
Colline McKenzie, Mr. Walter Pringle, Mr.
John Kincaird, Mr. William Baily, Mr. Robert * The Trial was first appointed to proceed Mayne, Mr. James Balfour. on the 17th March ; on which day there is the following entry in the Books of Adjournal. " The said day, Mr. George Bannerman pro
duced an act of privy councill
, for insisting Intran
March 17, 1684. against Cesnock, whereof the tenor follows. Sir Hugh Campbell, elder, of Cesnock, John (Here is recited the order of the privy council Weir of Newton.
above quoted, but dated the 16th instead of the Indyted and accused for being art and part 14th as it stands in the Record of the Privy of the late rebellion, and other treasonable
Councill.) crymes mentioned in their dittayes.
“ The Lords, at his Majesties Advocats de Pursewer.- Sir George M.Kenzie of Rose- sire, continues the dyett against John Weir of haugb, bis majesties advocat.
Newtoun, till the 7th day of Aprill next, and
against sir Hugh Campbell, Munday next, and Procurators in Defence.-Sir Patrick Hame, ordains witnesses and assysers to attend, ylk sir John Lawder, Mr. William Fletcher, Mr. ane under the paine of fyve hundreth merks.". tops or rebels repair in any part of this realmcised, appointed commanders, and officers none of his Majesty's lieges shall presume over them, and continued in open and to reset, 'supply or intercommune with them, avowed rebellion, committing all acts of or give them meat, drink, house, harbour, or hostility and high treason till the 22d day of any relief or comfort, under the same pain June the said year, that they were defeat at for whilk they are forfeited, or put to the Bothwel-bridge. The said sir Hugh Campbell horn; and that immediately, upon knowledge having, upon one, or other of the days of the • of their repairing in the bounds, all bis Ma- said month of June, 1679, met with Daniel jesty's obedient subjects do their exact dili- Crawford in Galstoun, Thomas Ingrham in gence, at the utmost of their power, in search- Borlands, John Ferguson in Catharingill
, and ing, seeking, taking and apprehending of several other of the said rebels, at or near the • the said declaired traitors, and presenting them bridge-end of Galstoun, coming from the rebels * to justice, or in following of them while they then in arms, whom they lett at Toleross-parka
be taken, and expelled, and put out of the near Glasgow, the pannal asked them where • shire ; and immediately to make intimation they had been; and when they had told him that
to the magistrates and persons of power and they came from the Westland army, he said that • authority in the next shire, who shall be he had seen more going to them than coming • bolden to do the like diligence without delay, from them. And having asked them if they
and so from shire to shire, while they be ap- were to return; they told him, they knew not. *prehended and brought to justice, or expelled Whereupon he treasonably, contrary to bis als
and put forth of the realm ; and that they, legiance and duty, said, that he liked not run. with all possible speed, certify bis majesty, aways, and that they should get belp if they or some of his secret council, or some of the would bide by it, and bade them take courage, cbiet' persons of authority and credit dwelling or some such like words to that purpose. within the same shire, that such persons are Wherethrough the said sir Hugh Campbel in within the same, wandering athort the guilty of intercommuning with notour rebels, country, or lurking in any part thereof, under they having told him that they had come from . the pain that the traitors or rebels ought to the Westland army at Tolcross-park; and the
have sustained in bodies or goods themselves, said pannel's not apprehending of the said in case they had been apprehended, present-rebels, and giving intimation to the next ma.ed and convict by justice and by the 14 act, gistrate. And also he was guilty and culpable 6 parl. Jam. 2, it is declared, That all who of giving a treasonable counsel and advice, to • shall reset such as are justified for crymes, go back and return to the rebellious army, and • if the crimes be notour, or the trespasser con- also encouraging and hounding them out there
vict or declared guilty, are ordained to be to. And also of ratihabiting, maintaining and punisheil as the principal trespasser ;' and by fortifying the said rebels in their treasonable the 97 act ? parl. Jam. 5, it is statute, That no designs of rebellion, by telling, they should not • man, wittingly, or wilfully, reset, supply, want help if they would bide by it; and there
maintain, defend, or do favours to any of his by be was guilty of the said rebellion, and ac• Majesty's rebels, and being at the born, within cessory thereto, and art and part thereof: • their houses, bounds, Jands, or bailiaries, which being found by an assize, he ought to under the pain of death and confiscation of be punished with the loss and forfeitare of life, their moveables.' And by the common law, lands, aud goods, conform to the said laws and laws and acts of parliament of this kingdom, acts of parliament, to the terror and example of hounding out and ratihabition, or art and part, others to commit the like hereafter. is punishable as the principal crime. Yet ne- 2. Ye are also indicted and accused, that vertheless it is of verity, that the said sir Hugh whertas, notwithstanding by the laws and acts Campbel elder of Cesnock, shaking off all of parliament of this kingdom, and constant fear of God, respect and regard to his majesty's practick thereof, particularly by the 37 act, 2 laws and authority, has presumed to commit, parl. James 1. it is statute, That no man wiland is guilty of the said crimes, in so far as fully maintain or do favours to open and mathe bloody and sacrilegious murderers of the nifest rebels against the king's majesty, under late archbishop of St. Andrews, and their ac- the pain of forfeiture. And by the 14 act, 6 complices, to the number of nine or ten thou. parl. James 2, it is declared, That all who shall santl
, having, in the months of May, or Jupe, reset such as are justified for crimes, if the 1679, rise and appeared with arms within the crimes be notour, or the trespasser convict or western shires, in a desperate and avowed re- declared guilty are ordained io be punished as bellion against his majesty and his authority, the priucipal trespasser. And by the 97 act, 7 having burnt his laws and acts of parliament, parl. James 5, it is statute, that no man witproclaimed treasonable declarations and pro- tingly or willingly, reset, supply, maintain, declamations at public market-crosses, killed and tend, or do favours to any of his majesty's remurdered several of his soldiers at Drumclog, bels, and being at home within their houses, assaulted the city of Glasgow, robbed and ri- bounds, land, or bailiaries, under the pain of fled the goods and houses of bis Majesty's death and confiscation of moveables. And by loyal subjects, marched up and down the the 144 act, 12 parl. James 6, it is statute and country in a warlike and military posture, ordained, that no man, openly or notourly, rekept councils of war, rendezvoused; bal against the king's person or authority, or make war with the king's lieges; and that notour to all the kingdom, that there was an open where any declared traitors or rebels repair in rebellion carried on against his majesty, to the any part of this realm, none of bis majesty's destruction of the peace, quiet and security of dieges shall presume to reset, or supply, or in this his native country, as well as of the motercommune with them, or give them any meat, narchy therein established ; and he did even drink, house, harbour, or any relief or comfort, reset, in bis very house, William Gilmore who under the same pain, for whilk they are for- went out of his ground to the said rebellion, feited or put to the horn ; and that immediately, and lived very near bis own gate before the upon knowledge of their repairing in the bounds, rebellion, and though he owned before his serall his majesty's obedient subjects do their exact vants in his family, that he had been in the rediligence, at the utmost of their power, in bellion, so that the same could not but be posearching, seeking, taking and apprehending tour to him, yet be entertained bim two years the said declared traitors, and presenting them as his porter, and thereafter gave him a certito justice, or in following of them, while they ficate as a very honest inan, and recommended be taken and expelled, and put out of the shire, him to the earl of Dundonald. And he entertainand immediately to make intimation to the ma-ed the said Mr. James Brown, a notorious and gistrates, and persons of power and authority, ringleading field-preacher, as his chaplain in his in the next shire, who shall be holden to do the family, and the persons abovenamed being his like diligence without delay, and so from shire tenants and servants, and having gone out of to shire, while they be apprehended and brought his ground to the rebellion, and immediately to justice, or expelled and put forth of the thereafter having returned thereto, and being realm; and that they, with all possible speed, ever since living therein, and he himself going certify bis majesty, or some of his secret coun- up and down among them, so that, as ye were cil. or some of the chief persons of authority obliged to have enquired where they were, so and credit, dwelling within the said shire, that he could not know, that they were out at the such persons are within the same, wandring rebellion, especially seeing their being at the athort the country, or lurking in any part ibere- same was notour in the country, and two of of, under the pain that the traitors and rebels them were bis own domestick servants, and ought to have sustained, in their bodies and lived in his own house. Wherethrough the goods, themselves, in case they had been ap- said sir Hugh Campbel bas most treasonably prehended, presented, and convict by justice. contrived, contributed to, hounded, and sent And by the common law, laws, and acts of par- out persons to the late rebellion, has harboured, liament of this kingdom, hounding out, or ra- reset, supplied, entertained, conversed with, tibabition, or art and part is punishable as the and dove favours to open, notour and manifest principal crime. Nevertheless it is of verity, traitors and rebels, and was actor, art and part that the said Hugh Campbel, to evidence yet with the same, and of the other treasonable further his wicked and traiterous design of con- crimes above specified; which being found triving the late rebellion in the year 1679; and by an assize, you ought be punished with that ye would, as far as was in your power, forfeiture of life, lands and goods, to the terror contribute thereto, by hounding, levying, send and example of others to commit the like bereing out thereto, according as ye did promise to after. Thomas Ingrbam, Daniel Crawford. John Fer- 3. The said sir Hugh Campbel is further guson, and others mentioned in his former in- indicted, and accused upon the laws and acts dictment, that he did send out to the said re of parliament mentioned in his former indictbellion, his tenants and servants after specefied, ments, for the treasonable harbouring, reviz. Mr. James Brown bis chaplain, George setting, entertaining, corresponding with, and Lambie in Crofthead, James Hutcbisen in doing favours to notour, open and manifest Underwood, Robert Parker in Wester Lentine, traitors and rebels, encouraging them in their Michael Roxburgh, mason in Galstoun, Hector rebellious practices, and diswading them to Paton in Cesnork-yards, Hugh Neilson in submit to his majesty's authority; in so far Rickartoun, Jobn Brown younger in Priestland, as Alexander Paterson in Balgray his tenant, Alexander Wood in High-side, John Lambie in baving, upon the first, second, third, or one or Ladybrow, Alexander Mitchel in Priestland, other of the days, or one or other of the months George Hutchison in Underwood, Matthew of the year 1082, advertised him of his baring Reid in Grasholm, James Richmond in Law- been in the rebellion, and of his willingness to field, John Hunter in Shiling-bill, Georg submit to bis majesty's authority, and craving Lambie merchant in Bankhouse, William Har- bis advice as to whai be should do, he did disa ris officer in Rickartoun, Glasford in swade bin and desired him to go home to bis Bareitb, Samuel Ross in Nethertoun, John work until he sent for him, and so he continued Gamil in Bank, Patrick Gamil, James Lambie bis tenant, notwithstanding he knew of his in Lawfen, Hugh Wilson in Burnfoot, Francis being in the said rebellion. As also he did, Ross in Knowhead, and several others; at the on one or other days of the month of June, least they having gone out to the said rebellion, ( 1079, go to the burial of Captain — Campand having been thereat, he did reset them upon bel, who was drowned in the water of Galstoun, his own ground, without enquiring where they as he was going to the said rebellion ; wherehad been, or why they had been so long absent through he committed, and was guilty of the in so dangerous and critical a time, when it was treasonable crimes abovementioned, and was