Transcribed from:

Publications of the Scottish History Society, Volume XLVIII.
The Records of the Proceedings of The Justiciary Court of Edinburgh, 1661-1678
Volume I., 1661-1669
Edited by W.G. Scott-Moncrieff, F.S.A. SCOT., Advocate, Edinburgh, 1903

Edinbr 12 December 1666.

Court holden be Sir John Home of Renton and Mr. William Murray, Justice Depute.

Sir John Nisbet his Majesties Advocate against M^Khail,¹
Mr. Alexr Robertson and others
Intran or persons at the bar.
Mr. Alexr Robertson.
John Neilson of Corsack.²
George Crauford in Cumnock.
John Lindsay in Edinbr.
John Gordon in the paroch of Irongrein.

The Diet continued till the morrow being the 13 inst. as to Mr. Hugh McCaull² Humphray Colquhoun, and Thomas Lennox.

The said Mr. Alexander Robertson indited and accused at the instance of Sir John Nisbet, his Majesty's Advocate, upon a lybell of Treason, conform word by word to the lybell sett down in the Diet immediatly preceeding. There are two Advocates to witt Mr. John Eleis and Mr. Robert Dickson marked for them, but no debate for their case being the same with these who are condemned in the former proces, they could have no Defence but what is repelled here.

Assise.
Alexander Douglas of Blackestoun, James Cockburn of that ilk, James Hamilton, porter Mountainhall, John Watson, mercht in Edinbr, Henry Chaip, vintner there, Patrick Scott of Langshaw, Alexr Scott, goldsmith, John Archibald of Glen, John Oliphant, merchant, Alexander CROOKSHANKS, merchant, Adam Lessly, mertt in Edinb., James Boyd of Temple, Thomas Noble, merct in Edinr, Andrew Caldell, vintner, John Boyd, late baillie of Edinr all lawfully sworn and admitted without objection.

My Lo: Advocate for proving this Dittay produced the pannells their Confessions, made to a Committee of the Privy Council, which being read to the Pannells, the tenor thereof follows,

Alexr Robertson's Confession.
viz. the said Alexr Robertson did confess that he did rise and joyn in arms with the Rebellious party and that he was one of these that went to the town of Dumfries and seized upon Sir James Turner; and that he went alongst with the said party to Air, and that he was at Lanerk and took the Covenant with the rest of the said party there, and came alongst to Colintoun and Pentland hills; and that he was in arms in the conflict there with Capt Arnot against his Majesties forces with sword and pistol, and that he had his sword drawn and discharged his pistol in the said fight.

John Neilson's Confession.
The said John Neilson of Corsack did confess that he was with the Rebells at the taking of Sir James Turner at Dumfries, and that he did join with these men that rose in the West, and that he came alongst with them in arms and that he was at Pentland in arms with the Rebells there.

Geo: Crauford's Confession.
The said George Crauford in Cumnock did confess that he came to the Rebells and joined with them and was a horseman in Balmagachan's troop and was at Lanerk where he took the Covenant with them, and came alongst with them to Pentland where he was taken beside Mortounhall.

John Lindsay's Confession.
The said John Lindsay, indweller in Edinbr did confess that he awav with two out of this town, and being armedwith sword and pistol did join with the rebellious party under the command of Mr. George CROOKSHANK, and was with them at Lanerk where they took the Covenant, and that he was at the late fight with sword drawn and pistol shott.

John Gordon's Confession.
The said John Gordon did confess that he was in arms and did join with the rebellious party under Neilson of Corsack's command, upon horseback, and was with them at Air, Ochiltree and Lanerk and was out upon a party at the taking of the Covenant there, and that he was at the late Conflict in the field with his sword drawn.

Which Confessions being publickly read to them as said is, they judicially in presence of the Assise, acknowledged and renewed the samen, and my Lo : Advo : took Instruments thereupon.

Sentence.
The Assise being inclosed and having elected Patrick Scott of Langshaw their Chancellour they by the mouth of their Chancellour reported the forenamed persons guilty each of them in the terms of the first Confession. Whereupon the Justices decerned them to be taken upon Friday the 14th of December instant, to there to be hanged on a Gibbet till they be dead, and thereafter their heads and right arms to be cutt off and to be disposed of as the Lords of the Privy Council should think fitt, and their lands, heretages, goods and gear to be forefault and escheat to the king.

Here also some absent assisers are amerciat, to witt, Sinclair of Rosline, Thomas Robertson, brewer in Edinbr, James Gilchrist, merchant there, Mr. Robert Prestoun of Outtershill and a number of tradesmen in Edinbr each of them in 100 merks.

1.  The absence of jurors in this and the following case is significant. 'I do not find,' writes Wodrow of this case, 'they gave themselves the trouble of hearing advocates but make short work. ' Of the previous trial he says, perhaps truly enough, 'They heard the advocates plead a little for form's sake.'

2.  A few days previously M'Kail and Neilson had been tortured with the 'boots' under a Privy Council order. 'When Mr. Hugh MKail suffered there was scarce ever seen so much sorrow in onlookers. Scarce was there a dry cheek in the whole street or windows at the Cross of Edinburgh.' Wodrow.

Edinbr. 4 June 1668.

Avocatus and David Sinclair agt. Alexr Sibbald of Arnage and Walter Reid, nottar publick, for the Slaughter of Alex., Sinclair, brother to the pursuer and servitor to Pat. Barclay of Towie, deserted as to these two Defenders and Capt. Wm Barclay of Achredie, Richard Barclay, his brother, and Alexr CROOKSHANK his Servitor, declared fugitives and Rot. Ogilvie, servitor to the said Capt. Barclay, excused be reason of his being incarcerate within the Tolbooth of Aberdeen. John fforbes of Buchorn agt. John Leith in Cairncross for Slaughter, continued.