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sence of your lordships and all here, I solemnly declare, that never was I prompted, or privy to any such thing, and that I abhor and detest all thoughts or principles for touch ing the life and blood of his sacred majesty, or his royal brother. I was ever for monarchical government.

"And then looking directly upon the king's advocate, he said, My lord, I think it very strange you charge me with such abominable things; you may remember, that when you came to me in prison, you told me such things were laid to my charge, but that you did not believe them. How then, my lord, come you to lay such a stain upon me, with so much violence? are you now convinced in your conscience, that I am more guilty than before? You may remember what passed be 'twixt us in the prison.'

That the sickness now upon him in all human appearance would soon prove mortal, and he could not live many days; but he found he was intended for a public sacrifice in his life and estate; that he would say nothing as to the justice of their lordships' interlocutor, and was sorry his Trial had given them so much and long trouble, by staying so long in the court, it being then past midnight. And then addressed himself to the assize, telling them, he doubted not, but they would act as men of honour; that there were hard things in the depositions of the witnesses against him, which was to be their rule, and that nothing he could say was to prevail with them; yet for the exoneration of his own conscience, and that his poor memory and family might not suffer unjustly, he behoved to say, that the most material witnesses were correspondents, and life might be precious to some; that one of them was very happy in a memory, yet he was sure there were some things said to be spoken in a meeting where he was which, he was positive, were not at least while he was there; withal he most heartily forgave them. But there is one thing, says he, which • vexes me extremely, and wherein I am in-orders.' jured to the utmost degree, and that is for a plot to cut off the king and his royal highness, ⚫ and that I set up nights to form a declaration to palliate or justify such a villainy. I am in probability to appear, in some hours, before the tribunal of the Great Judge, and, in pre

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"The whole audience fixed their eyes upon the advocate, who appeared in no small confusion, and said, Jerviswood, I own what you say, my thoughts there were as a private man; but what I say here is by special direction of the privy council;' and, pointing to sir Wil liam Paterson, clerk, added, he knows my Well,' says Jerviswood, if your lordship have one conscience for yourself, and another for the council, I pray God for give you, I do.' And turning to the justicegeneral, he said, My lord, I trouble your lordships no further.'""

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$15. Proceedings against JOHN SPREULL and ROBERT FERGUSON, in the Court of Justiciary at Edinburgh, for Treason and Rebellion: 33 CHARLES II. A. D. 1681. [Now first printed from the Records of Justiciary at Edinburgh.*]

CURIA JUSTICIARIE S. D. N. Regis tenta in Prætorio Burgi de Edinburgh, secundo die Mensis, Martii 1681, per Honorabiles viros Richardum Maitland de Duddop Justiciariæ, Clericum, Robertum, Dominum de Nairn, Dominos Jacobum Foulis de Colintoun, Davidem Balfour de Forret, et Davidem Falconer de Newtoun, Commissionarios Justiciariæ dicti S, D. N. Regis: Curia legitime affirmata.

Intran

JOHN SPREULL, Appothecary, prisoner: INDYTED and accused for the crymes of treason and rebellion committed be him in manner mentioned in his Dittay.

Persewers-Our sovereign lord's Advocate. Procurators in Defence.-Mr. David Thoirs, Mr. James Daes.

The lords continue the dyet against the said John Spreull till the first Monday of June next, and ordaines the haill witnesses for the persewer and pannall to attend the said dyet, as also the haill assysers, ilk person under the paine of 200 merks.

* The MS. of this case, and some other Scots cases, was not obtained in time for insertion in exact chronological order. This case formed part of that persecution of the Presbyterians which is related in the 4th vol. of Mr. Laing's history of Scotland, and very circumstantially detailed in Wodrow's History of the Sufferings of the Church of Scotland.

The following passages in Fountainhall relate to Spreul:

"May 14, 1679. Mr. John Spreul in Glasgow upon suspicion was brought before them, and because he shifted to call it the murder of the bishop, and to tell who lodged with him the night after the murder happened; he was threatened with the boots, but at length he satisfied them.

"June 10, 1681. Criminal Court. John Spreul being pannelled for treason, and that diet being deserted against him, and a new summons of treason given him in the very court, at the bar, by a herald in his coat, with sound of trumpet, for being with the rebels at Bothwell bridge, (though he produced testificates that he was in Ireland all that time,) and for being present at Cargill's excommunicating of the king, (but naked presence here was not treasonable, without some farther concourse and accession,) and it being alledged for him, that being put to the torture, and having per

CURIA JUSTICIARIE, S. D. N. Regis tenta in prætorio Burgi de Edinburgh sexto die mensis Junii 1681, per honorabiles viros, Richardum Maitland de Duddop, Justiciariæ, Clericum, Robertum Dominum de Nairn, Dominos Jacobum Foulis de Colintoun, Davidem Balfour de Forret, et Davidem Falconer de Newtoun, Commissionarios Justiciarie dicti S. D. N. Regis. Curia legitime affirmata.

Intran

John Spreull, appothecary in Glasgowe, prisoner.

Indyted and accused for rysing and joining in armes with the rebells at Bothwellbrige in June 1679, in manner mentioned in his Dittay. Persewer.-Sir George M'Kenzie of Rosehaugh, our sovereigne lord's Advocate.

Procurators in Defence -Mr. Walter Pringle.

The lords for several causes moveing them deserted and be thir presents deserts the dyet simpliciter:

The lords continue the dyet against Robert Ferguson of Letterpin till Fryday nixt.

severed therein without confession of the crimes laid to his charge, the same purged all the preceding indicia et præsumptiones that urged him, so that he can never be questioned on these again, except new presumptions should emerge against him; as was found in 1632, in the case of Toshack of Monivaird, accused for burning the tower of Frendraught. It was answered by the advocate, that there were farther presumptions quæ eum gravabant, which are

noviter venientes ad notitiam.' 2do, His denial in the torture could never purge, because these who examined him in the torture had no power nor commission from the privy council to ask these questions at him, and he was not bound to have answered beyond their warrant; (and yet it would have been thought presumption enough in him to have sought to limit them to their commission.) The criminal lords repelled the defence, and found the torture purged not the preceding indicia.

"On the 13th June, the said John Spreyl was tried at the criminal court, and probation led against him, who deponed they saw one called John Spreul at Bothwell bridge, but they knew not if the pannel was he, and there being another of that same name present in the court, (who confessed his being at Bothwell bridge, and had taken the benefit of the indemnity,) to whom all the tokens and descriptions they gave agreed more than to the pannel, as the colour of

CURIA JUSTICIARIE S. D. N. Regis tenta in prætoria Burgi de Edinburgh, decimo die Mensis Junii, 1681, per honorabiles viros Gulielmum, Comitem de Queinsberrie Justiciarii, generalem Richardum Maitland de Duddop Justiciaria, Clericum, Roberti, Dominum de Nairn, Dominos, Jacobum Foulis de Colintoun, Davidem Balfour de Forrett, et Davidem Falconer de Newtoun, Commissionarios Justiciariæ dicti S. D. N. Regis. Curia legitime affirmata.

Intran

John Spreull, appothecary in Glasgowe. Robert Ferguson of Letterpin, prisoners in the Tolbuith of Edinburgh.

his horse, his having a cap and not a hat, a black peruke, &c. The assize, upon this, cleansed and assoilzied him; notwithstanding whereof the king's advocate procured an order, from the privy council, to detain him still in prison, till he got a new indictment, which was the Sd, to wit, for treasonable expressions uttered by him before the council, such as refusing to call Bothwell bridge a rebellion, or the assassinating and killing the archbishop a murder which last is no treason, though it be a very perverse opinion.

"On the 14th June, the king's advocate having complained to the king's council that the witnesses led against Spreul had prevaricated and deponed falsely, at least did conceal their knowledge: it was moved by my lord Haddo and approven by the king's advocate, that witnesses in such a case might be tortured when they vary, as well as parties. This is indeed agreeable to the R. law, but does not suit the genius of our nation, which looks upon the torture of the boots as a barbarous remedy; and yet of late it hath been frequently used among us. I think, however, these witnesses deserve to be punished, yet the assize should not look upon the testimonies of such witnesses as a full probation, not being spontaneous and voluntary, where they either are threatened with the boots, or tortured.

"After all this, on the 14th July 1681, Spreul is brought before the privy council, and fined in 9,000 merks, for refusing to depone anent his presence at conventicles, the same being referred to his oath conform to the 2nd act of Parl. 1670; and he was ordained to be sent to the Bass till he paid it."

Wodrow says:

"I shall end this section with an account of the process against John Spreul, apothecary in Glasgow, who was before the Justiciary June this year, and give it at some length, both because it was after torture, and made no little noise; and I have distinct and attested accounts of it, and he continued more than six years a close prisoner after torture. This gentleman is yet alive after all his sore sufferings, and I know his modesty will not allow me to

Indyted and accused that where notwith. standing be the common lawe, lawe of nations, lawes and acts of parliament, and constant practique of this kingdom, the ryseing of his majesties subjects, or any number of them, the joyning and assembleing together in armes, without and contrarie to his majesties command, warrand and authoritie, and the abaiting, assisting, recepting, intercommuning, or keeping company, or correspondence with such rebells, either with or without armes, and sup plieing of them with levies of men, horse, money, armes, and furnishing them with meat, drink, powder, ball, or other munition bellicall, most detastable, horrid, hynous and abominable crymes of rebellion, treason and lese majestie, and are punishable with forfaulture and essheat give that character of him which he deserves, and therefore I shall only relate his sufferings as they stand in the public records, intermixing some other bints which I have well vouched.

"Mr. Spreul's troubles began very soon after Pentland. His father, John Spreul, merchant in Paisly, was fined by Middleton, although he had suffered for his refusing the tender; he paid the one half of his fine, and being prosecuted for the other, or rather his refusing the declaration, he was forced, with many other worthy persons, to abscond. When ge neral Dalziel came, as we have heard, to Kilmarnock 1667, a party of soldiers were sent to Paisly, and took Mr. Spreul, whose sufferings I am now relating, prisoner, merely because he would not discover where his father was. At that time, after many terrible threatnings of being shot to death, roasted at a fire, and the like, and some short confinement, he was dismissed.

"In the year 1677, he was, with Aikenhead and many other gentlemen, cited before a court in Glasgow, of which some account has been already given. Finding that severity was designed against all that compeared, Mr. Spreul absented, and was with several other worthy persons denounced and intercommuned, though nothing was laid to their charge but mere nonconformity.

"This obliged him to quit his house and shop, and go abroad, sometimes to Holland, France, and Ireland, and merchandize. He was in Ireland with his uncle Mr. James Alexander in May 1679, and came over to Scotland after the scuffle at Drumclog-in June, and went to his house at Crawford's-dyke, where understanding the conduct of the west country army, he had no freedom to join them, though his own brother James Spreul, and two cousins, John Spreul writer, and John Spreul merchant in Glasgow, were with them in arms. His business obliged him to be with some in that army, but he never joined them.

"After the defeat at Bothwel he absconded again, however his wife and family was turned out of his house and shop, and all the moveables secured. Within a little he retired to

of lyff, land and goods; and be the third act of the first parliament of king James the first and threttie and seventh act of his second parlia

Holland, and stayed there some time, where hearing of the continued persecution in Scotland, and growing divisions among the sufferers, he came home 1680, with a design to bring his wife and family to Rotterdam.

"When lurking at Edinburgh, November 12, a severe search was made for Mr. Cargil and his followers, and Mr. Spreul was apprehended by major Johnstoun when in his bed, and his goods he had brought from Holland seized by the party, though none of them were prohibited. He was carried first to the general, and then to the guard at the Abbay, where Mr. Skene and Archibald Stuart were prisoners; with whom he was carried up to the Tolbooth next day about nine of the clock when the council was convened.

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"Mr. Spreul having come from Ireland in the time of Bothwel, and being just now come from Holland, and owning he had been in company with Mr. Cargil, the managers were of opinion, that he could give them more information; and now being got into the inhumane way of putting people to the torture, and A. Stuart being examined this way, November 15, that same day the council pass the following Act: The lords of his majesty's privy council having good reason to believe, that there is a principle of murdering his majesty, and those under him, for doing his majesty service, and a design of subverting the 'government of church and state, entertained "By the council registers we have seen he and carried on by the fanatics, and particuwas examined, November 13, but his answers larly by Mr. Donald Cargil, Mr. Robert Macare not insert, and therefore I shall give the waird, and others their complices, and that substance of what passed as far as Mr. Spreul John Spreul and Robert Hamilton have been could remember. He was interrogate, Were ' in accession thereunto, ordain them to be you at the killing of the archbishop? Ans. I subjected to the torture, upon such interrowas in Ireland at that time.-Quest. Was it a 'gatories as relate to these three points: 1. By murder? Ans. I know not, but by hearsay, what reason and means that murdering printhat he is dead, and cannot judge other men's ciple is taught and carried on; who were acactions upon hearsay. I am no judge, but in cessory to the contrivance of murdering; my discretive judgment I would not have done who were to be murdered; and also as to the it, and cannot approve it.-He was again archbishop of St. Andrews's murder. 2. If urged; but do you not think it was murder? 'there was any new rebellion intended; by. Ans. Excuse me from going any further, 1 what means it was to be carried on; who scruple to condemn what I cannot approve, were to bring home the arms; if any be seeing there may be a righteous judgment of brought or bought, and by whom; who were God, where there is a sinful hand of man, and the contrivers and promoters of the late reI may admire and adore the one when I trem-bellion at Bothwel bridge. 3. Who were ble at the other.-Quest. Were you at Drum- 'their correspondents abroad and at home, clog? Ans. I was at Dublin then.-Quest. particularly at London, or elsewhere; what Did you know nothing of the rebels rising in they know of bringing home or dispersing arms when in design? Ans. No; the first time seditious pamphlets, and such other particu I heard of it was in coming from Dublin to lars as relate to those generals: and give full Belfast in my way home, where I heard that power and commission to the earls of Argyle, Claverhouse was resisted by the country peo- Linlithgow, Perth, and Queensberry, treaple at Drumclog.-Quest. Was not that re- 'surer-depute, register, advocate, justicebellion? Ans. I think not; for I own the clerk, general Dalziel, lord Collingtoun, and freedom of preaching the gospel, and I hear, Haddo, to call and examine the said persons what they did was only in self-defence.-Quest. in torture, upon the said interrogatories, and Were you at Bothwel with the rebels? Ans. such other as they shall find pertinent upon After my return from Ireland I was at Hamil- 'the said heads, and report.' toun seeking in money, and clearing counts with my customers, so I went through part of the west country army, and spoke with some there, since the king's high-way was as free to me as to other men; but I neither joined them as commander, trooper, nor soldier.Quest. Was that rising rebellion? Ans. I will not call it rebellion, I think it was a providential necessity put on them for their own safety, after Drumclog.-This confession of his he was urged to subscribe, but absolutely refused it. By the Registers, I find, Mr. Spreul before the council, November 15, con⚫ fesseth he was in company with Mr. Cargil • in Edinburgh,`but will not discover in what

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"I find no report in the council-books, because nothing was expiscate by torture, which was not before acknowledged. Indeed there was nothing in this plot and murdering design, but imaginary fears, and therefore I shall, from other papers, give some account of this torture, the questions proposed, and answers given by Mr. Spreul, as far as his memory could serve him afterwards to write down.

"The lord Haltoun was preses of this committee, and the duke of York and many others were present. The preses told Mr. Spreul, That if he would not make a more ample confession than he had done, and sign it, he behoved to underly the torture. Mr. Spreul said,

non rebell against the king's person, or autho- | wilfullie recept, mantaine, or supplie rebells, ritie, or make war against the king's leidges, or with help, redd, or councill, or doe favour, or

“In March, an incident fell in, which brought Mr. Spreul to some more trouble before his trial, and it deserves a room here. John Murray, a sailor, was sentenced to die for his being at a conventicle in arms, as we shall hear. A good many had been already executed chiefly at the duke of York's instigation, and some of the managers were willing to shew this man some favour. Accordingly, several draughts of a petition were preposed to hiin, which if he should sign, the council would procure him thought imported a receding from his principles. At length, sir William Paterson calling Mr. Spreul, who was in the same room of the prison with John Murray, to another, told him, the council inclined to spare Murray, and in

He had been very ingenuous before the council, and would go no further; that they could not subject him to torture according to law; but if they would go on, he protested that his torture was without, yea, against all law; that what was extorted from him under the torture, against himself or any others, he would resile from it, and it ought not to militate against him or any others; and yet he declared his hopes, God would not leave him so far, as to accuse himself or others under the extremity of pain. Then the hangman put his foot in the instru-a reprieve: he refused them all, as what he ment called the Boot, and, at every query put to him, gave five strokes or thereby upon the wedges. The queries were, Whether he knew any thing of a plot to blow up the Abbay and duke of York? who was in the plot, and where Mr. Cargil was, and if he would sub-treated him to deal with him to sign any peti scribe his confession before the council? To these he declared his absolute and utter ignorance, and adhered to his refusing to subscribe. When nothing could be expiscate by this, they ordered the old boot to be brought, alleging this new one used by the hangman was not so good as the old, and accordingly it was brought, and he underwent the torture a second time, and adhered to what he had before said. General Dalziel complained at the second torture, that the hangman did not strike strongly enough upon the wedges: he said, he struck with all his strength, and offered the general the mall to do it himself. Mr. Spreul was very firm, and wonderfully supported, to his own feeling in body and spirit, during the torture. When it was over, he was carried to prison on a soldier's back, where he was refused the benefit of a surgeon; but the Lord blessed so the means he himself used, that in a little time he recovered pretty well. That same day bis wife came to Edinburgh, but by no means could she be allowed access to him, to help him after his torture.

"When he was recovered the Advocate sent him an indictment, and, in March this year he was before the Justiciary; but the advocate's witnesses were not ready, so the process was delayed. Under this dilature, new witnesses were got in from the west country; and Mr. Spreul was brought before some counsellors, and the witnesses confronted with him. Mr. Spreul protested against examining witnesses extrajudicially, and not before his judges and the assize, and took instruments in the clerk's hand. Meanwhile he was informed by one present, that some of the witnesses were threatened, and others of them had large promises given them to bear testimony against him. Yet, after all, the lords themselves began to think the probation would not reach his life; but the duke of York very much pressed their going on, alledging they were at much pains about poor country people, but Mr. Spreul was more dangerous than five hundred

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tion, and he would present it. Mr. Spreu! was not willing to engage much in this matter, lest he should be mistaken, and misrepresented; and John Murray would not direct any pe'ition to the duke of York: however, at length he drew a declaration with a petitory clause added to it, which satisfied John, and he signed it. It was directed to the council, and ran, Whereas I am sadly misrepresented to your lordships, as if I were a man of kingkilling principles, I declare I would kill no man whatsomever but upon self-defence, which the law of God and nature allows; I own the free preaching of the gospel, whether in the fields or houses, seeing it is written, Without faith it is impossible to please God, and faith cometh by hearing. I also own Jesus Christ as the only head of his own church, and king of saints, and disown all others pre'tending thereunto. May it therefore please your lordships, to recal the sentence against me, as if I were of dangerous and king-killing principles, lest you bring innocent blood upon 'your own heads, this city, and inhabitants thereof; for I declare I am no Papist, and hate and abhor all those jesuitical, bloody, and murdering principles.'

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"When this petition was read in council, John Murray was asked, who drew it: With much difficulty he was brought to tell; and straightway Mr. Spreul was called before them, and interrogate, if he knew any thing about a petition presented by John Murray. He asked a sight of it, and owned it his writ, desired it night be read before him, and that he might know what was objected against it; and ac knowledged he had drawn it at the clerk's earnest desire, and again intreated it might be read, that he might know what they quarrelled in it. This was not done, but the duke of York rose up, and said with a frown, Sir, would you kill the king? After a pause, Mr. Spreul directing himself to the chancellor, said, My lord, I bless God I am no papist, I lothe and abhor all those jesuitical, bloody and murdering principles; neither my parents, nor

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