ON Monday December the 22th 1684. about nine in the Morning, the said Mr. Robert Bailzie, of Jerresswood, had his Indictment by sound of Trumpet, and Heraulds in their Formalities, to appear the 23th at two of the Clock in the After­noon before the Lords Commissioners of the Judiciary, at which time he did appear ac­cordingly.

The Assize and Witnesses being called, and silence made, and he in Pannel; his In­dictment was read by the Clerk of the Court with an audible Voice, to the effect follow­ing, viz.

That he, the said Robert Bailzie, having casten off the fear of God, Allegiance to his Sovereign Lord the King; had most treache­rously, notwithstanding of several Laws and Acts, resett, harboured, maintained and cor­responded with Archibald Champbell, late Earl of Argile, and Mr. Veatch, two desperat and [...]ore-faulted Traitors; and that he had joyned in Councel with the late Lord Russel, Commissar Monroe, the Lord Melvill, Sir Thomas Armstrong, Sir John Cochran, the two Cessnocks and divers others, in that hellish Conspiracy for taking away the Lives of his Sacred Majesty and Royal Highness, and for subverting the Government, and for that ef­fect had assisted, voted, and consulted, for the uplifting of ten thousand Pounds Sterling, for buying of Arms, to be employed for rai­sing of Forces, &c.

His Majesties Advocate produced his War­rand from the Lords of the Privy-Councel, for his Insisting against him, and Sir George Lockhart, and Sir John Louder, upon their Allegiance to assist the King's Advocate, which they did.

The Advocates for the Pannel (i. e. Priso­ner) were Sir Patrick Hoome, Mr. Walter Prin­gle, Mr. William Fletcher, Mr. James Grahame, and Mr. William Bailzie, who protested they might have the liberty of a free Debate, which was granted, and they insisted, that as to the Corresponding with the Rebels libelled, it ought not to be sustained as a point of Dit­tay, it being Res hactenus Judicata, the Pan­nel being fined in six thousand pound Ster­ling before the Councel for the said Crime already.

His Majesties Advocate hereupon restrict­ed his Libel to the other Crimes libelled.

The Lords found the Libel Relevant, and admitted the same to Probation.

Then the Jury were chosen and sworn, viz.

• The Right Honourable the Earl of Strathmoir.
• The Right Honourable the Earl of Balcar­rass.
• Sir. George Skeene, Provost of Aberdeene.
• Sir. James Flemminge, Provost of Edinburgh.
• Sir. John Ramsey of Whitehill.
• Mr. Andrew Hepburne of Humbie.
• Mr. Andrew Bruce of Earleshall.
• Mr. John Stewart Tuttor of Appin.
• [Page]Mr. Alexander Miln of Carrin.
• Mr. James Ellies of Stein [...] [...]ills.
• Sir William Drummond of Hauthornden.
• Major Andrew White, Lieutenant of Eden­burgh Castle.
• Mr. David Grahame, Sherriffe of Wigtoun, and David Burnet Merchant in Edinburgh.

The Witnesses were called, and first the Right Honourable the Earl of Tarrass; who deponed, that Mr. Robert Martin was sent from London by the Pannel, and other Con­spirators there, to perswade his Lordship, and several other South Country Gentlemen to rise in Arms, secure Berwick, the Castles of Edinburgh, and Striveling, the Officers of State and Army; which being done, they were to have pressed his Majesty to have per­mitted the Parliament of England to have sitten, and to pass the Bill of Exclusion; and many more things his Lordship very clearly deponed.

The Advocates for the Pannel objected against the Earl of Tarras, that the could be no Witness, for he being Socius Criminis in­carceratus & sub metu Mortis, and being in­dicted for the said Crimes Regiam Majesta­tem, the Act of Robert the Second and Com­mon Law allowes no Witnesses to be allow­ed in such Cases.

His Majesties Advocate answered, that in Plots and Conspiracies it was impossible to have proved the same, except such Persons were sustained as Witnesses; So the Lords repelled the Objection in respect of the An­swer, and sustained his Lordship a Witness.

The second Witness was Commisser Mon­roe, who was brought from his Majesties Castle of Blackness, by a Party of Horse of the Lord Drumlanricks Troop, and deponed that the Pannel was present at several meet­ings at London, and that he did contribute for sending Mr. Martin into Scotland, and that he desired he might be sent to Holland to the Earl of Argile, with the ten thousand pounds Sterling; and many more things to this Purpose and Effect.

The third Witness was Murray of Phillip­haugh, and Scot of Gallousheilds, who both deponed Conformes precedentibus in omnibus as to the riseing of Arms, &c.

His Majesties Advocate produced for fur­ther Proof, the judicial Confession of Mr. Wil­liam Carstares before the Lords of the Privy Councel, &c.

The Probation being closed, the Advo­cates on both sides made very learned Spee­ches to the Assize, (i. e. Jury) who immedi­ately thereafter, viz. at the hour of twelve at Night, did close themselves in, and having chosen the Earl of Strathmoir Chancellor, (i. e. Foreman) they rose about three a Clock in the Morning, and at nine brought in their Verdict, viz.

That they found it proven that he was Art and Part in the Crimes libelled, and that he had concealed the same.

Which being publickly read, and the Ver­dict thereafter closed by the said Earl his Seal, the Sentence of Death was pronounced as followeth.

Forsameckle as it is found by an Assize, that Mr. Robert Bailzie of Jerresswood is guil­ty of the particular Crimes mentioned in his Dittay, Therefore the Lords Justice General, Justice Clark, and Remanent Lords Com­missioners of his Majesties Justiciarie, and I in their Names, decree and adjudge the said Mr. Robert Bailzie to be taken to the Mercatt Cross of Edinburgh, this present 24th Instant of December, and there, betwixt two and four a Clock in the Afternoon, to be hanged on a Gibbet until he be dead, his Head to be cut off, and affi [...]ed upon the Netherhow of Edinburgh, his Body to be quartered, the one Quarter to be put upon the Tolbooth of Jedburgh, the other on Lanrick, the third on Aire, and the fourth on the Tolbooth of Glassgow, and Ordaines all his Lands and Rents, Goods and Gear, to be forefaulted to his Majesties Use, his Arms torn and rent, his Coat Armor all to be razed out of the Lyon Books, so that he, nor none of his Po­sterity, shall bear Arms in time to come.

The Sentence being given by sound of Trumpet and Heraulds in their Formalities did tear his Coat of Arms in face of Court, trample the same under foot, and did cast them in his face, and thereafter went to the Mercatt Cross, and performed the rest of the Solemnities usual.

Just before the Sentence he professed he was never privy to any Conspiracy against the Life of his Sacred Majesty, Royal High­ness, or any Person in the World, and that he never did design to subvert the Govern­ment, but what he had done, was for the Redressing of such Grievances he thought were lying upon the Nation, and that he di­ed Innocently, and with a good Conscience.

After Sentence, all he said was, That he had too short a Time.

At the Place and Time in the Sentence mentioned, he was Executed, saying very lit­tle on the Scaffold.