"John Horne, Notary in Aymouth, of the age of 42 years, or thereby, solutus, depones, The foresaids five missive bills, being at length ing to the hail particulars remarked of before, | in all things, reddens eandem causam scientiæ. by Mr. Alexander Watson, the witness imme- |(Sic subsc.) WM. HOME." diately preceding; and, in these points, and in all others, conform to the said Mr. Alexander Watson's deposition in all things; reddens cuusam scientia, because he was perfectly acquaint-sighted and considered by this deponent, deed with the laird of Restalrig's hand-writ in his lifetime; and was pedagogue to his bairns many years, and in his company. (Sic subscribitur,) pones and declares, upon conscience, to his knowledge, all the saids five Missives are the laird of Restalrig's proper hand-writ and subscription, for the reasons above-written in the deposition of Wm. Home, reddens eandem causam scientia. (Sic subsc.) JOHN HORNE." Mr. ALEXANDER SMITH." "Sir John Arnott, Provost of Edinburgh, of the age of threescore ten years, or thereby, married, depones, That he was well acquainted "Mr. Wm. Hogg, minister at Aytoun, of with Robert Logan of Restalrig, and with his the age of 30 years, or thereby, married, dehand-writ, because he had received divers of pones, That he knew well the laird of Restalrig, his letters himself, and seen many other letters and has seen of his writs, and produced ane written by him. And the five missive Letters letter, written by Restairig to the laird of produced by the Advocate being shown to him; Aytoun, as written with Restalrig's own handand he having seen and considered the same, writ. And having considered the five writs remembered that he had seen, read, and per-produced by the Advocate; declares, That he fectly considered the Laird of Restalrig's hand-thinks them likely to be his writs; and that the writ, as the letters written by the deponent at same appears to be very like his writ, by the any time, or his own hand-writ. And so takes conformity of letters and spelling. (Sic subsc.) on his conscience, That the foresaids five misWM. HOGG." sive Bills, produced by the Advocate, are the proper hand-writ and subscription of the said umquhile laird of Restalrig, be his judgment. And, for verification thereof, has produced four writs, all written be the said umquhile laird of Restalrig, and sent to this deponent, to Archibald Johnstoun, agreeing perfectly in spelling and character, with the saids missives. (Sic subscribitur,) Sir JOHN ARNOTT." The DEPOSITION and DECLARATION of George Sprott, as emitted by him, both before the Jury, judicially; and also upon the scaffold, at the time of his Execution, on the 12th of Aug. 1608. Which Deposition and Declaration was made before the Council, on the 10th Aug. 1608, written by the Clerk of Council, James Primrose; and subscribed by Sprott's own hand, in the presence of the earl of Dunbar, the earl of Lothian, the bishop of Ross, the lord Holy-roodHouse, the lord Scoon, the lord Blantyre, sir William Hart, Lord Justice, Mr. John Hall, Mr. Patrick Galloway, Mr. Peter Hewart, all three Ministers of the Kirks of Edinburgh. "Alexander Cuik, Sheriff-Clerk of Berwick of the age of 50 years, or thereby, married, depones, That be was well acquainted with the umquhile laird of Restalrig, and has seen many and sundry of his writs, and received divers of his letters directed to himself; and being desired to see and consider the five Letters produced by the Advocate, and to declare whether he knew and esteemed to be all written by um- George Sprott, notary in Aymouth, being quhile the laird of Restalrig; depones, upon brought to the scaffold and place of execution, his conscience, That he believes and esteems he, in public audience of the bail people, at the saids hail letters to be all written by the the four nooks of the scaffold, ratified his laird of Restalrig; reddens causam scientia, be- former Deposition, anent his knowledge, and cause, not only the character agrees every way concealing of Restalrig's guiltiness of Gowrie's with the shape of Restalrig's hand-writ; but Treason: for the which, he craved God and his also the spelling in many particulars, wherein majesty humble forgiveness; being most sorry Restalrig differed from other men's form of and grieved that he had offended God, and the writing. And in the particulars thereof, de-king's majesty, in concealing such a vile, depones conform to the two first Witnesses, the testable, and unnatural Treason, enterprized ministers of Coldingham and Chirneside; red-by the earl of Gowrie and laird of Restalrig, dens eandem causam scientiæ. (Sic subscribitur,) ALEXANDER CUIK." "William Home in Aytoun-mill, of the age of 33 years, or thereby, married, depones, That all the five Missives above-written, being shown to this deponent, and having at length considered every one of them, takes upon his conscience, That to his knowledge, that the saids five missive letters are all written and subscribed by the umquhile laird of Restalrig; for the special reasons contained in the Depositions made by Mr. Alex. Watson, and Mr. Alex. Smith, ministers; and Alex. Cuik, Sheriff-Clerk of Berwick; to whom he is conform against his natural king, so good and so godly a prince, who has ever been so gracious to bis subjects, and to this hail island: protesting, That if he had a thousand lives to render, and were able to suffer ten thousand deaths, it is not sufficient satisfaction and recompence for his so foul and horrible offence; and that God had preserved him from many great perils, when his life was in extreme danger, to bring him to this public declaration of that detestable and horrible fact, in testifying of the truth; as he said publickly, in presence of all the people, in these words following: To my ' own shame, the shame of the devil, and the This Sprott, after diuers Examinations, being moved with remorse of conscience, for the long concealing of the foreknowledge of this treasonable Conspiracy; confesseth, declareth, and deponeth, with the peril of his own life: "That he knew perfectly, that Robert Logan, late of Restalrig, was privy, and upon the foreknowledge of Gowrie's treasonable Conspiracy. And for the greater assurance of his knowledge, deponeth, that he knew that there were divers Letters interchanged betwixt them, beginning of the month of July, 1600. Which letters, James Bour, called laird Bour, servitor to Restalrig, (who was employed mediator betwixt them, and privy to all that errand) had in keping, and shewed the same to Sprott in the place of Fastcastle. And producing the earl of Gowrie's letter to Restalrig; Which Letter, written every word with Restalrig's own hand, was subscribed by him after his accustomed manner, (Restalrig;) and was sent to the earl of Gowrie, by the said James Bour. After whose return within five days, with a new letter from Gowrie, he staid all night with Re glory of God; for satisfying the consciences of all these (if any be), that has, or can make 'any doubt of the truth of this so clear a matter.' And he acknowledges, that his haunting with Restalrig, who was a man without religion, and subject to many other vices; and his thoughts of himself in thir matters, after the first sight of Restalrig's Letter written to Gowrie, and his continual bearing of company with Restalrig and laird Bour, who was irreligious, and without fear of God, brought him from one sin to another, and consequently to this griev-anent the treasonable purpose aforesaid, in the ous crime, for the which, most justly, worthily and willingly, he is now to render his life. And he desired all the people to beware of ill company; and namely, of the company of those who are void of religion. And he desired, that this his Declaration might be inserted in his Process as also, he desired the ministers of God's Word to publish this Declaration to their folks, from their pulpits; and took every one of them who were present by the hand, with their promise to do the same: saying unto them, That this was the most glorious day that ever his eyes did see; and with these words he prostrates himself, and falls upon his knees, instalrig in Gun's Green (a house of Restalrig's) : presence of the hail people, and made a very pithy Prayer. (See p. 706). And so he continued a good space, in a most fervent prayer, to the great admiration and rejoicing of all the people; and in a better form and manner nor any of the beholders and hearers can be able to set down in writ, the same not being written in the present time, because there was no place of writing upon the scaffold, in respect of the prease and multitude of people. And going up the ladder, he desired liberty to sing the 6th Psalm, and requested the people to accompany him in singing thereof; which being granted, and he being at the ladder-head, the same was tane up and sung by himself, with a very loud and mighty voice, and was assisted with above the number of 500 persons, who with tears accompanied him in singing of that song. After the ending thereof, he repeated and ratified his former Deposition: and with that, recommending his soul to God, he was thrown over, and so ended his mortal life. In witness whereof, we under-subscribers, who, for the most part, were all of us upon the scaffold with him, and remained with him unto the time of his death; and others of us in so convenient places near to the scaffold with him, that we did hear all that was spoken by him, have subscribed thir presents with our hands. (Sic subsc.) Glasgow, B. Galloway, M. B. Brechin, Balfour of Burley, Holy-rood-house, John Preston, Thomas Regra, Peter Sharp, Balcanquhal, Mr. Hewat, Mr. George Blyth, Mr. Patrick Galloway, John Hall, Walter Charles Lumsden, Richard Tobie, Baillie of Edinburgh, William Speir, Baillie, James Ainsly, Baillie of Edinburgh, &c. What is contained in this speech being consonant to his Deposition made before the Privy Council, as also before the Inquest; here is added the Deposition, as emitted by him. and Hestalrig rode to Lothian, the morn thereafter, where he staid five or six days. Then after his returning passed to Fastcastle, where he remained a certain short space. And further deponeth, That he saw and heard Restalrig read the last letter, which Bour brought back to him from Gowrie, and their conference thereanent. And heard Bour say, sir, if you think to make any commodity by this dealing, lay your hand to your heart. And Restalrig answered, that he would do as he thought best. And further said to Bour, howbeit he should sell all his own land that he had in the world, he would pass through with the earl of Gowrie'; for that matter would give him greater content Great part of this Evidence is in the Trial of George Sprot, No. 86, though not so full. For the earl of Cromerty, in his Account of the Conspiracies of the earl of Gowrie, (from whence this is taken) says, p. 126, Mr. Crawford did bring a pamblet printed at London, anno 1609, published by Dr. George Abbot, then archbishop of Canterbury, who being providentially in Scotland in the year 1608, the doctor's curiosity brought him in amongst the multitude of hearers of that Trial, of G. Sprott, whereby he was so convinced of the truth of Gowrie's Treasons, and of the malice of the king's calumniators, as moved the good doctor to intreat for an extract and account of the whole process, attested by sir William Hart, Lord Justice of Scotland, at that time (which the doctor brought with him to England, and caused it to be printed, with a long Preface, from which the Trial of G. Sprott, is taken.) But that Paper, printed at London, being drawn out as a Memorial for Dr. Abbot's own use, and not as a full Abstract of what is recorded, which I now publish from the original Depositions, Letters, and other Writs, lying in record. mined in the presence of a number of the Coun cil and ministers aforesaid; and it being declared to him, That the time of his death now very near approached, and that therefore they desired him to clear his conscience with an upright declaration of the truth; and that he would not abuse the holy name of God, to make him, as it were, a witness to untruths; And specially being desired, that he would not take upon him the innocent blood of any person dead or quick, by making or forging lies and untruths against them: "Deponeth, That he acknowledgeth his grievous offences to God, (who hath made him a reasonable creature) in abusing his holy name with many untruths sen the beginning of this Process; but now being resolved to die, and attending the hour and time when it shall please God to call him, he deponeth with many attes tations, and as he wisheth to be participant of the kingdom of heaven, where he may be countable and answerable upon the salvation and condemnation of his soul, for all his do he hath deponed sen the fifth day of July last, in all his severall depositions, were true in every point and circumstance of the same; and that there is no untruth in any point thereof." ment, nor if had the whole kingdom: and rather or he should falsify his promise, and recall his vow that he had vowed to the earl of Gowrie, he should spend all that he had in the world, and hazard his life with his lordship. To whom Bour answered, You may do as you please, sir; but it is not my counsel that ye should be so sudden in that other matter. But . for the condition of Ditoun, I would like very well of it. To whom Restalrig answered, content yourself, I am at my wit's end.-And farther Sprott deponeth, That he entered himself thereafter in conference with Bour, and demanded what was done betwixt the laird and the earl of Gowrie? And Bour answered, That he believed that the laird should get Dirltoun without either gold or silver, but feared that it should be as dear unto him. And Sprott enquiring how that could be: Bour said, they had another pye in hand nor the selling of any land; but prayed Sprott, for God's sake, that he would let be, and not trouble himself with the laird's business; for he feared, within few days, the laird would either be landless or life-ings and speeches in this earth, that all that less."-And the said George Sprott being demanded, If this his Deposition was true, as he would answer upon the salvation and condemnation of his soul; and if he would go to death with it, seeing he knoweth the time and hour of his death to approach very near? deponeth for answer, "That he hath not a desire to live, and that he knows the time to be short, having care of no earthly thing, but only for clearing of his conscience in the truth of all these things to his own shame, before the world, and to the honour of God, and safety of his own soul: That all the former points and cir-" cumstances contained in this his deposition, with the deposition made by him the 5th of July last, and the whole remanten depositions made by him sen that day, are true; which he will take on his conscience, and as he hopeth to be saved of God, and that be would seal the same with his blood."-And farther, being demanded, where this above-written Letter, written by Restalrig to the earl of Gowrie, which was returned again by James Bour, is now? deponeth, "That he abstracted it quietly from Bour, in looking over and reading Bour's letters which he had in keeping of Restalrig's; and that he left the above-written letter in his chest among his writings, when he was taken and brought away, and that it is closed and folded within a piece of paper." This foresaid Deposition was made by him the 10th August, 1608, written by James Primrose, Clerk of his majesty's Privy-Council; and subscribed with the said George Sprott's own hand; in the presence of the earl of Dunbar, the earl of Lothian, the bishop of Ross, the lord Scoon, the lord | Holy-rood-house, the lord Blantyre, sir W. Hart, his majesty's justice, Mr. John Hall, Mr. Patrick Galloway, Mr. Peter Hewart, ministers of the kirks of Edinburgh. (Subscribed with all their hands.) And also the 11th day of the foresaid month and year, the said George Sprott being exa And having desired Mr. Patric Galloway to make a prayer, whereby he might be comforted now in his trouble; which was done. "The said deponer, with many tears after the prayer, affirmed this his deposition to be true; and for the confirmation thereof, declared, that he would seal the same with his blood." I had almost forgotten that, which in this action of his death was strange, and in a manner marvellous. For being urged by the ministers and other of good rank upon the scaffold, that now at this end he should declare nothing but the truth (touching the matter for which he suffered) on the peril of his own salvation and condemnation of his soul; he for the greater assurance of that his constant and true Deposi sition, promised (by the assistance of God) to give them an open and evident token before the yielding of his spirit. Which he accoinplished thereafter: for before his last breath, when he had hung a pretty space; he lift up his hands a good height, and clapped them together aloud three several times, to the great wonder and admiration of all the beholders. And very soon thereafter he yielded his spirit. As in the Account of Gowrie's and his brother's Process, I did not insert the Libel and Sunmons, nor Executions, verbatim: as being very tedious and useless to readers; on the same motives I do so here, but I insert the Doom and Seutence verbatim: the Libel, Summons and Autographons of these and others being at full, in the public Records, and patent to all enquirers. June 1609. To whilk Summons, with the Executions and Indorsations thereof respective foresaids, being this instant day read in presence of his majesty's Commissioner and Estates, in the said Summons: and therefore it was given for doom by the mouth of Divid Lindsay, Dempster of parliament, in manner and form as follows: of parliament, first in Latin, and thereafter in Scots; The said Robert Logan being oft times called of new, at the Tolbooth window of the said Court of Edinburgh, to have compeared and answered to the said Summons of Treason, This court of parliament shows for law, and Reasons and Causes therein contained: 'that the said umquhil Robert Logan of ResAnd he not compearing to have defended in the talrig, in his life-time committed the foresaid matter: and to have answered to the said 'said crime of treason and lese majesty; and Summons, The said sir Thomas Hamilton of Byn-that he was art and part guilty, and partaker me, kt., Advocate to our sovereign lord, desired the said estates declaration, if the Reasons of the said Summous were relevant: the whilk Estates found the said summons and Reasons and Causes therein contained relevant. Therefore the said Advocate of new for proving of the foresaid Summons of Treason raised against the said Robert Logan, bearing and containing as is above-written; repeated all the foresaid missive Bills, and the saids Depositions of the said Witnesses examined before the saids Lords of Articles and Lords of Secret Council respective; and also George Sprott's Deposition, Conviction and Confession, in Judgment, and at his Execution to the death, for the said cause of Treason; with the hail other Writs and probations produced and repeated by him of before; for proving of the foresaid Summons of Treason, and Reasons therein contained; and desired the saids Estates of parliament yet, as of before, to advise the probations foresaids, led and deduced in the said matter; and to pronounce their sentence of parliament thereuntil, according to the said probations and their consciences: And thereafter, the hail Depositions of the Witnesses, missive bills, and hail writs, and probations, being read, seen, and considered by the foresaids hail estates of parliament; and they therewith being ripely advised, the said lord commissioner and estates of parliament findes, dicerns, and declares, That the foresaid umquhil Robert Logan of Restalrig committed and did in his life-time, open and manifest Treason, in all the points, articles, and manner, contained thereof, against our sovereign lord and authority royal; and that the foresaids cruel, wick'ed and treasonable crimes were interprised, by his causing, persuasion, counsel and help. 'Likeas, the said unquhil Robert Logan of Restalrig, treasonably counselled the foresaid. crime of lese majesty to his death, and in his 'death, in all manner, at length contained in the said summons: and therefore, depones ' and declares the name, memory and dignity of the said umquihil Robert Logan of Restalrig, to be extinct and abolished, and his arms cancelled, riven and delete furth of the books of arms, and nobility; so that his posterity 'shall be excluded, and be unhabile to possess 'or enjoy any offices, honours, dignities, lands, tenements, rooms, rents, possessions or goods, moveable or unmoveable, rights and others 'whatsomever, within the kingdom, in all time coming; and that all the said goods, lands, 'rooms, tenements and other goods, moveable ' and unmoveable, rights and others whatsomever pertaining to the said umquhil Robert Logan of Restalrig; or which might otherways have pertained to him, at any time, since his conspiring of the said treasonable crimes, to be escheat and forefaulted to our sovereign lord; to appertain and remain perpetually with his majesty in property. And this I give < 'for Doom.' Note, Here, as in Gowrie's Process, that the citing of dead persons is among the legal forms, prescribed both by our laws, and laws of several other nations. 88. The Trial of the Lord BALMERINOTH,* at St. Andrews, for High Treason the 10th of March, 7 JAMES I. A. D. 1609. [Copied from a MS. in the Bodleian Library, Rotulæ in Archivo, A, 3033. 44, 10. And though short, is a more perfect Copy than that in the Cotton Library, Julius, F. 6. N. 34.] him. THE Lords being set, the lord Balmerinoth to know, whom he had entertained to speak for was sent for: and being come, the Lord Advo- | cate told him, There was a Warrant come from his majesty for his Trial, and therefore desired *The lord Balmerino was a professed Protestant: but, upon what motive is not known, he often pressed the king to write a Letter of Compliment to the Pope, which, it seems, his majesty had as often refused to do. Hereupon, as the thing is related, Balmerino writ the Letter, and bringing the king several Dispatches at a time when his majesty was in haste to be gone VOL. II. He answered, "He had great necessity tą speak, the cause being such as concerned his a hunting, thrust it in among the rest; and the king, through inadvertency, in that hurry, signed it. The Letter thus signed, was sent away, and no more heard of it till some years after, cardinal Bellarmine mentioning of it to the king's disadvantage, his majesty was obliged to take notice of, and to question the Secretary about it. ३ 4 drew me to that; for I protest I never received that it was gain or any private advantage that or expected the least reward from any prince And this, as I shall answer the great God in in the world, save from the king my master. heaven." hearing was read the Indictment, which This said, the Jary was called, and in their vated his crime by his majesty's favours to him, aggra ty's refusal; by the dangers which did follow, which had deserved more regard; by his majeswhich have been a-foot since, to be fruits of that or might have done; imputing all the Treasons telligence with foreign estates, and enemies of letter; and lastly, charging him with having inthe Gospel, for the subversion of the state of Religion. To all these he replied not one word. land, the effect of that which he made in LonThen was read his Confession taken in Frankdon. before the Council at Whitehall, containing his Then was read the Speech he uttered his unworthiness of them, his desire to give his sorrow, his sins, the favours he had received, drop of his blood. Last, was read a Letter majesty satisfaction for his offence to the last ing his majesty's refusal to listen to the Lord from his majesty to the Lord Advocate, shewPresident's motion, and setting down some circumstances which passed betwixt his majesty and the Lord President at the time of the rething. fusal; against all which the President said no life and estate; but he had greater necessity to hold his peace, by reason of his offence, which was such as it admitted no excuse; and my grief for it so great, as it will not suffer me to extenuate my crime: and therefore I will neither make any friend interested in that, whereunto myself fell without the advice of any; nor will I desire a lawyer to make that seem less, which I would have all the world know to be such as it is.-Herein are two points in which I would have all men satisfied concerning his majesty: First, for his majesty's innocency in the writing of the letter; for I protest I could | never draw him to hear with patience my motion. But he did utterly and absolutely refuse to take that course against conscience, which would neither satisfy me, who in a politic natural course had conceited it might be behoveful for his majesty; and so applied myself to that crooked device, which hath worthily brought me to this estate wherein I now stand.-The second thing concerning his majesty, is this: That whereas some in malice to his majesty, or my friends in commiseration of my estate, may think and report it too rigorous and cruel a course, which is held against me in a matter of this moment, the suggesting of a letter of recommendation, to proceed against my life and estate; I would have such know, that his majesty's clemency is many ways testified unto the world, in cases that have seemed more nearly to concern him; and therefore men should not judge of his majesty's disposition to mercy by this action; but rather cast their eyes upon my unhappiness, who have offended in such a point as his injesty can extend no favour to me without the damage of his own honour, which being dearer to him than his life, it must needs be more tendered than twenty thousand such lives as mine. And therefore I desire not to Le spared at so dear a rate as the impeachment of his majesty's honour.There are likewise two things concerning myself, which I desire all men to understand. First,, That I had no aim at the alteration of soner for some time; and afterwards made a He was by order from court detained a priReligion, or to bring in a Toleration, or what you will term it, by the writing of that letter: deration of his submissive behaviour, and the sort of prisoner at large: till at last, in cousibut merely a politic course, as I have said, sufferings he had undergone; the king was which, as a natural man, I conceited might fur-pleased to pardon him, and to restore his blood ther his majesty's right. And this I protest to be true, as I shall answer God in the Day of and estate.* Judgment, when the secrets of all hearts shall be disclosed. Next, I would have no man think 89. The Case of PROCLAMATIONS. turned, and found him Guilty of ail the parts of my Lord Justice signified, That they were not * His son was tried for a Libel in the following reign. See a. D. 1634. Mich. 8 JAMES I. A. D. 1610. [12 Coke's Reports, 74.] MEMORANDUM, that upon Thursday, 20 | about London, &c. the other, if the king may Sept. Regis Jacobi, I was sent for to attend the lord chancellor, lord treasurer, lord privy seal, and the chancellor of the duchy, there being present the attorney, the solicitor, and record- | er: and two questions were moved to me by the lord treasurer; the oue, if the king by his tion may prohibit new buildings in and P prohibit the making of starch of wheat; and the lord treasurer said, that these were preferred to the king as grievances, and against the law and justice: and the king hath answered, that he will confer with his privy council, and his judges, and then he will do right to them. To which I answered, that these questions |