Bannatyne Club > Criminal trials in Scotland, from A.D. M.CCCC.LXXXVIII to A.D. M.DC.XXIV, embracing the entire reigns of James IV. and V., Mary Queen of Scots and James VI > Volume 3

312 CRIMINAL TRIALS. A.D. 1615.
20 dayes before, confeffed, that he was the author of the faid Rebellion, and come in the King's Will
for the fame, that hardly he could have been convicted, be any Law. The wifer and elder fort of the
Nobilitie with-drew themfelves from his Aflife. He had fent to the Court to obteine favour ; but no
appearance of returning ane anfwere. The Minillers, finding him foe ignorant, that he could lliarl'e
rehearfe the Lord's prayer, intreated the Coitnfell to delay his Executione fome few dayes, till he were
better informed, and receaved the Lord's Supper. Their Petitione was affilled with the requeill of
fome Noblemen, and granted. Soe he communicate upon the Lord's day, the 5th of February ; and
was beheaded, at the Market-crofl'e of Edinburgh, upon Monday the 6 of Februar ; when Sir Robert
Ker, Earle of Rochefler, was decourted. The King laid the blame of his death on him ; but late, as
his cuftome was, when matters was paft remedie I It was obferved that this moneth is fatall to the
King's blood.'
The reader is once more referred, for details, to the Appendix of Illustrative Documents
annexed to the Trial of Robert Stewart and others, Jan. 5, 1615; and to the Papers annexed to
the present Trial.]
[Domiuus IViUielmiis Heart de Prejtoun, viiles Jufticiarius.']
AssEssouRis to the Justice.
Alex" Erle of Duxfermelixg, Chanceller, Sir Johxxe Cokburxe of Ormeftoun,
Thomas Lord of Bynnixg, Secretar, Sir Alexander Hay of Quhitburgh,
Mr Johxxe Prestoun of Pennycuik, Prefident, Sir VVilliame Levingstoux of Kilfithe,
Sir Gedioxe Murray of Elibauk,Thefaurer-depute, Sir Alexander Drummoxd of Meidliope;-
Sir Richard Cokburne of Clerkingtoun, all Sexatouris of the College of Justice.
Feb. 1. — Patrik Erle of Orknay, &c.
Dilaitit, accufet, and perfewit be Sir Williame Oliphant of Newtoun, kny',
Adiiocat to our fouerane lord for his hienes intereis, of the feuerall cryines of
Treafone andLefe-Maieftie, at lenth fpecifeit and fet doun in the Dittay following.
DiTTAY ugainjl the Earl of Orhneij.
Patrik Erle of Orkxay, &c. 5e ar Indytit and accufet, fforlamekill as,
certane and fure informatioun being gevin to our fouerane lord, the Kingis
moft excellent Maieftie, and to Jje Lordis of his hienes Previe Counfall of this
Kingdome, of the manyfold Iniureis, Tyranneis, and haynous Opi^reffiones,
practi3et be 30W vpon dyuerfe his Maiefteis peceable and guid fubiectis, duelland
within the boundis of Orknay and 5eitl^nd '• Lyk as, for the better ftay of the
quhilkis, 30ur former Tirranie and Oppreffioun fra haifing forder courfe, and for
the inair exact and fubftantious tryell of 30ur giltines J^airof, 3e, be his Maiefteis
fpeciall directioun, being committit to waird, within the Caftell of Dumbarten,
to half I'emanit pairin, quhill ordour had bene tane with 50W, as appertenit : It
is of vei'ritie, that 36, vpone occafioun of the reftrante of 3our former libertie,
freitting in 3our awin mynd J)airat, nocht only during the tyme of 30ur weird-
ing, devyfet all indirect and vnlawful meanis and moyane for 30ur brek and
efcaipe furth of J)e faid waird, albeit (karrit and hindreit, throw the fidelitie of
50ur keiperis fra doing pairof ; hot lykwayis, maift treffoneabillie and vndewti-
fullie fchaikand af 3our allegeance and dew obedience to our faid fouerane lord.