Series 1 > Journal of the Hon. John Erskine of Carnock, 1683-1687

40
JOURNAL OF THE HON.
[MAR.
9,d.—I heard Mr. John fzfzn, Rev. 1. 5 and 6.
3d.—John Hutcheson was this day brought before the
Justiciary, but nothing done with him.
There was about other twelve in the indictment with him,
whereof three compeared: the dyet was deserted presently
against one of them, and then one Archibald Prentice was
called and compeared. Meldrum was sitting at the King’s
Advocate’s back, and I, leaning on the bench above them,
heard Meldrum say to the King’s Advocate, ‘ You may desert
the dyet against that man,’ upon which the Advocate, without
any further scruple or enquiry (but hearing Meldrum say that),
said, ‘ I desert the dyet against him,’ vizt. Archibald . Mr.
Thomas Roome of Cluden, W. Douglass of Baads, Hamilton
of Westburn, were called, and the dyet was deserted against
them all, but they were panneled for the ordinary crimes of
resett, and of conversing with those who had been at Bothwell.
The King’s Advocate insisted against one Howison, a malt-
man in Lanerk, and an heritor of some few acres of land, as being
several times and in several places in company with the rebells.
Mr. William Fletcher compeared as Advocate for the pannel,
and said, denying always the lybel, if at all he was in company
with them, it was occasional; but to take away all suspicion of
disloyalty he had taken the test. The lords found both the
lybel relevant, and defences relevant if proven. Many wit¬
nesses were called against him and others, and then the assize
was enclosed, and when they returned brought in Menzies1 of
and Henry Hall2 guilty of the rebellion, and Howeson
guilty of being in company with the rebells without arms,
according as the advocate had restricted the general lybel; so
Howison was carried to prison.
4tfA.—This morning early, or about midnight, Mr. John
Rae,3 Mr. John Dick, and Mr. Melvill, master of the family
where they stayed, and Lamb, taylour and lodger in the house,
1 John Menzies of Wintercleuch.
2 The Laird of Haughhead, in Teviotdale, who, while defending Mr. Donald
Cargill, at Queensferry, was killed about three years before the process here
mentioned.
3 Formerly minister at Symington. He had been under persecution since
1670.