Year 1680

The prisoner, who was brother to the Laird of Skene, was prosecuted at the instance of His Majesty's Advocate * for High Treason.  He was charged in the indictment with being accessory to the rebellion headed by Balfour of Kinloch, and Hackston of Rathillet, at Air's Moss and Bothwellbridge; with having maintained the lawfulness of that rebellion, even in presence of the Duke of York, and of the Lords of Privy Council, and those of Justiciary; with having justified the excommunication of the King, and having maintained it was lawful to kill him, &c.

The proof aduced against the prisoner was his own confession, emitted before the Duke of York and Privy Council on the 13th November 1680, of which the tenor follows:

He said, he did not know who were rebels, but denied that he was present at the battles of Bothwellbridge and of Air's Moss.  He thought the persons engaged in those insurrections were not rebels, for they were in defence of God's cause.  He was not at the Torwood conventicle when the King was excommunicated, nor did he know who contrived it, but he thought the reasons of the excommunication just.  He acknowledged the burning the Acts of Parliament, because they were against the Covenant; and would not admit the authority of the King or Parliament in things that were against the Covenant.  He did not know if any new insurrection was plotted; but he believed that God's people were always ready to take arms in defence of themselves and of the Gospel; that he was one of God's people, and had resolved to give an testimony for the cause.  He thought the killing of the Archbishop of St. Andrews was not murder:  That there is a declared war between those who serve the Lord, and those who serve the King against the Covenant; and that it is lawful to kill such in defence of the Gospel:  That the King being excommunicated, and there being now a lawful declared war against him on account of the breach of the Covenant, it is lawful to kill him, and all those who are in opposition to the Covenant.

He renewed his confession before the Court and Jury.  He was desired to deliberate before he should sign it:  He answered, he had resolved to sign it; he thought it his honour to do so; and he did it accordingly.

The Jury unanimously found the prisoner 'guilty of the treasonable crimes and expressions mentioned in his dittay, and that by his own confession.'  The Court sentenced him to be taken to the Cross of Edinburgh on the 24th of November instant, to be hanged on a gibbet till he be dead, his head to be separated from his body, and fixed on the Netherbow, and his whole estate, real and personal, to be forfeited.