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morning of Tuesday, the 5th, it was proposed by some of the crowd to take the gentlemen they had with them to Blair, but the declarant objected to this as did others, because the duke had no power to grant their desire. Declares, that when in Glasgow he was a member of none of the societies of the Friends of the People, nor of any other club except the Gaelic speaking club, which had nothing to do with politics. Declares, that about a fortnight or three weeks ago, he saw Mr. Winlack, hatter in Perth, in the house of John M'Naughton, inn-keeper in Aberfeldy, where the conversation was about religion in general, but as far as he recollects not about Paine's Age of Reason, which pamphlet the declarant has read, as well as the answer to it. Declares, that after the declarant had got the people at Castle-Menzies divided into parties of forty-nine, so as they might act legally, the declarant having refused to act in any public capacity unless the people acted constitutionally, Sir John's factor and the other gentlemen by calling off their tenants, and by desiring the whole people not to form into parties of forty-nine, prevented this arrangement from being adhered to; upon which the declarant told the people he would not act at all unless compelled, as the people were not now adhering to the law when in larger parties than fortynine. Declares, that sir John Menzies wishing there should be a spokesman for the whole, at first James Menzies in Tullychroi, who goes by the name of the East Indian, was brought forward by the people, but he being not liked by them on hearing him, they forced the declarant to come forward as their spokesman. Declares, that the declarant

knew nothing of the meeting of the 4th of
September, till the people came to his house,
and forced him with them. Declares, that
at the time he was apprehended, several of
his papers were seized and were sealed up by
Mr. James Chalmers, sheriff substitute of
Perthshire and sent to Perth, which papers
were last night in his presence examined by
the judge examinator, and the following pa-
pers taken therefrom and put up again and
sealed, viz. nine letters, two songs, a draught
or copy of a letter, and some jottings, and
these papers being of this date marked
and subscribed by the declarant and judge
examinator, as relative to this declaration
were again sealed up by the sheriff; of which
papers those marked No. 1 and 2, are of the
declarant's hand-writing, and the paper
marked No. 3, upon examining it narrowly
he rather thinks is not of his hand-writing, at
least he does not recollect of having written
such a paper, nor does he know of whose
hand-writing it is. The declaration contained
upon this and the nine preceding pages, in-
cluding one marginal note on the 2nd page,
two marginal notes on the 5th page, two
marginal notes on the 7th page, and one mar-
ginal note on the 8th page, was read over to
and adhered to by him in presence of Wil-
liam Ross, writer in Perth, James Paton,
sheriff clerk of Perthshire, and Peter De-
seret, writer in Perth and writer hereof, five
words on the fifth page being deleted before
signing.
(Signed)

ANGUS CAMERON.
AR. CAMPBELL.
WILLIAM Ross, Witness.
JAMES PATON, Witness.
PETER DESERET, Witness.

629. Proceedings before the Circuit Court of Justiciary holden at Perth, against DAVID BLACK and JAMES PATERSON, for Sedition and administering unlawful Oaths, Sept. 20th: 38 GEORGE III. A. D. 1798.

manner therein specified, which criminal libel bears,

Curia Itineris Justiciarii S. D. N. Regis tenta in Prætorio Burgi de Perth, vicesimo die mensis Septembris, anno Domini milles- That where, by the laws of this, and of simo septingentesimo et nonogesimo oc- every other well-governed realm, SEDITION is tavo, per honorabiles viros Joannem a crime of an heinous nature and severely puSwinton de Swinton et Dominum nishable; and whereas by an act passed in Gulielmum Nairne de Dunsinnan, Ba- the 37th year of our reign, cap. 123, intituled, ronetum, duos ex Commissionariis Jus-"An Act for more effectually preventing the ticiariæ dicti S. D. N. Regis.

administering or taking of unlawful Oaths," it is inter alia, statuted and ordained, "That Curia legitimè affirmata. "any person or persons who shall in any THERE were produced criminal letters at "manner or form whatsoever, administer or the instance of his majesty's advocate against "cause to be administered, or be aiding or David Black, weaver, in Baffiesbrae, and "assisting at, or present at, and consenting to James Paterson, weaver in ground of Petten- " the administering or taking of any oath or crief, both in the parish of Dunfermline and " engagement purporting or intended to bind county of Fife, for the crime of sedition, in" the person taking the same to engage in

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"any mutinous or seditious purpose; or to expense of delegates; the establishing of signs, "disturb the public peace; or to be of any and countersigns, and of private words, the "association, society, or confederacy, formed better to conceal, as well as to promote the "for any such purpose; or to obey the orders association; and lastly, the administering of "or commands of any committee or body of oaths to those who were admitted members, "men not lawfully constituted; or of any binding them to persevere in endeavouring "leader or commander, or other person not to obtain the objects of the association, and having authority by law for that purpose: in defending to their utmost, those who might "or not to inform or give evidence against be prosecuted for their concern in such dan"any associate, confederate, or other person; gerous conspiracy; and above all, binding "or not to reveal or discover any unlawful them to declare in the most solemn manner "combination or confederacy; or not to re- by what is called a test of secrecy, "That "veal or discover any illegal act done or to "neither hopes, fears, rewards or punish"be done; or not to reveal or discover any ments, should ever induce them, directly or "illegal oath or engagement which may have" indirectly, to inform on or give any evidence "been adininistered or tendered to or taken" against any member or members of this, or "by such person or persons, or to or by "similar societies for any act or expression "any other person or persons, or the import "of theirs done or made, collectively or indi"of any such oath or engagement, shall, on "vidually, in or out of this society in pur"conviction thereof by due course of law, be suance of the spirit of this obligation," of "adjudged guilty of felony, and may be trans- which dangerous and seditious association, "ported for any term of years not exceeding formed upon the principles above described, "seven years; and every person who shall the said David Black and James Paterson, "take any such oath or engagement, not are active and distinguished members, and "being compelled thereto, shall, on convic- did in the course of the year 1797, themselves "tion thereof, by due course of law, be ad- take at Dunfermline aforesaid, the different "judged guilty of felony, and may be trans- oaths, or obligations, the import and tendency "ported for any term of years not exceeding of which have been now libelled; and did 66 seven years:" YET TRUE IT IS AND OF further on one or other of the days of the VERITY, That the said David Black and months of August, September, or October James Paterson above complained upon, 1797, also at Dunfermline aforesaid, or at are both or one or other of them guilty Golfdrum, in the said parish of Dunfermline, actors, or art and part of all and each, or administer the same to others; and further, one or other of the foresaid crimes: In so did on all occasions not only in the said town far as, in the course of the years 1796 and of Dunfermline, but in other places in that 1797, a number of seditious and evil disposed neighbourhood, wickedly and feloniously persons did, in different parts of Scotland, exert their utmost endeavours to promote the and particularly in the county of Fife, form objects and purposes of the foresaid seditious themselves into a secret and illegal association, and dangerous association, taking every opdenominated "The Society of United Scots- portunity of attending meetings of the turbumen," the object and purpose of which was, lent and disaffected; and in those meetings under pretext of reform, and of obtaining by inveighing against the government and annual parliaments and universal suffrage, to constitution of the country, doing all that in create in the minds of the people a spirit of them lay to excite and increase a spirit of disloyalty to us and disaffection to the estab- discontent, and ultimately of resistance to lished government, and ultimately to excite the established authorities. AND MORE parthem to acts of violence and opposition to the TICULARLY, the said David Black and James laws and constitution of this country; and Paterson did frequent and attend various which unlawful and seditious association, the meetings of this description, held in the house more effectually to obtain its object, was sys- of John Nicol, ale-seller in Dunfermline, or tematically formed upon rules and regula of Isobel Moutry, his widow, also ale-seller tions artfully adapted to the wicked purposes there,-as also in the house of James Wilson, it had in view, such as the formation of small wright at Golfdrum, parish of Dunfermline, clubs or societies in various parts of the coun- and county of Fife, and of Andrew Ruthertry, with officers belonging to each, such as ford, at Golfdrum aforesaid, during the president, secretary, and treasurer; the sub- course of the months of November and Dedivision of these clubs or societies, when the cember, 1797. As also of January, February, number of individuals composing them March, April, May, and June 1798; at many amounted to sixteen into other clubs under of which meetings the pamphlets, intituled. similar regulations; the formation of commit-" Paine's Rights of Man, and Age of Rea tees called parochial, county, provincial, and national; the nomination of delegates from each society and committee to attend the higher committees; the election (by what is called) the National Committee of a Secret Committee consisting of seven members; the contributing of small sums to defray the

"son," with other flagitious and inflammatory. publications were produced, read, and ap proved of; and the seditious and treasonable doctrines they contained, were recommended and enforced by the said David Black and James Paterson: and further, the the said David, Black and, James Paterson, did most

:

wickedly and feloniously attempt to seduce from his duty and allegiance Henry Keys or Kees, soldier in the West Lowland fencible regiment, inveigling him to attend said seditious meetings, both in the houses of James Wilson and Andrew Rutherford abovementioned, during the months of May and June last 1798, and then and there attempting by inflammatory harangues, to prevail on him to join their said wicked association; and to turn his arms against his king and country; and further at many of these meetings thus held in the houses of John Nicol, Isobel Moutry, his widow, James Wilson, and Andrew Rutherford, the said David Black and James Paterson did most traitorously express regret at the success of our arms, and sorrow for any bad fortune with which those of the French were attended; and had the audacity to vindicate the unnatural rebellion which has broke out in Ireland, and to represent the Irish insurgents as people groaning under oppression, and struggling in defence of their just rights and further, the said James Paterson above complained upon, did on one or other of the days of August, September, or October last, 1797, within the house of the said James Wilson, at Golfdrum aforesaid, wickedly and feloniously admit him a mem ber of the above described seditious association, and did then and there administer to him the oath above described, and did also communicate to him the private signs by which he might make himself known to the other united Scotsmen, members of this dangerous association; and the said David Black did within the house of the said James Wilson at Golfdrum aforesaid, on one or other of the days of August, September, October, or November last 1797, wickedly and feloniously admit James Henderson, weaver in the ground of Pittencrieff, a member of the said seditious society of United Scotsmen, and did then and there administer the oaths of said society to him, and gave him a pamphlet intituled, "Resolutions and Constitution of the Society "of United Scotsmen," and likewise communicated to him the private sign, by which he might make himself known to other members of that dangerous association. And the said David Black having been apprehended and brought before James Moodie, esq. one of the sheriff substitutes for the county of Fife, did at Dunfermline on the 11th of June last in his presence emit a declaration: and the said James Paterson having been brought before the said James Moodie, esq. at Dunfermline, on the said 11th of June, did then and there, in his presence also emit a declaration. And both which declarations, as tending to show the guilt of the said David Black and James Paterson in the premises, together with the paper or pamphlet intituled," Resolutions and Constitution "of the Society of United Scotsmen," being to be used in evidence against them upon their trial, will for that purpose in due time

be lodged in the hands of the clerk of the circuit court of justiciary, before which they are to be tried, that they may have an opportunity of seeing the same. AT LEAST times and places above libelled, the aforesaid acts of sedition were committed, and the said oaths or obligations were administered as above mentioned, and the said David Black and James Paterson above complained upon, are both or one or other of them guilty actors, or art and part of all and each or one or other of said crimes. ALL WHICH, or part thereof being found proven by the verdict of an assize before our lord justice general, lord justice clerk and lords commissioners of justiciary in a circuit court of justiciary, to he holden by them or any one or more of their number within the criminal court house of Perth, upon the 20th day of September next to come, the said David Black and James Paterson, above complained upon, ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming.

Declaration of David Black libelled on.

COMPEARED David Black, weaver in Buffiesbrae in the ground of Pittencrieff, who, being examined, Declares, that he is not in the knowledge of any society existing in this country of the denomination of United Scotsmen at present, but adds, that some time in the course of last summer, he was sent for to speak to a person in the house of James Hetlie, ale-seller in Dunfermline, but upon his calling at Hetlie's house, found the man was gone; that thereafter another message came for him to go to the house of widow Nicol, likewise ale-seller in Dunfermline, and upon his calling at that house, he was shown into a room, where he found a stranger whom he had never seen before, and James Ritchie, weaver in Dunfermline, since deceased. That this stranger was about five feet six inches high, a broad stout man, brown hair and brown beard, of a fair complexion, had on a mixed coloured coat, and coarse worsted stockings, and from his appearance he imagined he might be about forty years of age. That the stranger said he was born in Scotland, but the declarant supposes he was an Irishman; Declares, that the stranger refused either to tell his name, or of what profession he was, and that he has never seen or heard any account of him since. That at this time the stranger took the declarant into a room by himself, and gave him a slip of paper, upon which was printed an oath, which he thinks was of the same nature with one now shown him, which is contained in a pamphlet intituled, "Resolutions and Con"stitution of the Society of United Scotsmen," viz. The oath called the " Test for Members" on the seventh page, and is marked with his initials as relative hereto. That the stranger did not administer the oath in any other way than by desiring the declarant to read it, but

does not now recollect whether he read it aloud or not. That they then returned to the room where they had left Ritchie, where they had a bottle of ale and a dram. That in the course of the conversation the declarant understood that the stranger had come from the west country, and intended going to the north. That the stranger said it was a difficult matter to deal with people of contrary dispositions, and that he was therefore obliged to give them their own way, as some of them had refused to take his test: that the stranger said as he had only one copy of the oath with him, he should write out a copy, and leave it with James Ritchie ere he left town; the declarant likewise saw the stranger give James Ritchie a direction to some person in Glasgow, who would furnish him with what intelligence or instruction he wanted, relative to the society. Declares, that he never was at any meetings of the society but twice; that both these meetings were held in the house of widow Nicol, when there was present David Anderson, late weaver in Dunfermline, now in Glasgow; the said James Henderson, journeyman weavers, with the said James Ritchie; that at last meeting, which was about the end of harvest, and before the business was discovered at Cupar, James Ritchie made a verbal report; that to the best of his recollection, the report was rather unfavourable as to the state of the society; as they were beginning to find that they had been misled by some persons from Ireland, who were the original founders of the society of United Scotsmen. That this society to which the declarant belonged, gave over their metings in consequence of their observing from the news-papers that a person had been hanged in Ireland, who had been convicted of administering unlawful oaths; being interrogated, whether he ever administered any of these oaths of admission into the society of United Scotsmen to any person. Declares, that he never administered the oath to any person except one of the name of James Henderson, weaver in the ground of Pittencrieff; that this happened in the house of James Wilson, wright at Golfdrum; that he does not remember the precise time when it was done, but that it was prior to the meeting when Ritchie made his report as formerly mentioned. Being interrogated, whether he knows that James Paterson, weaver, in the ground of Pittencrieff, is a member of the society of United Scotsmen, declares he does not know. Declares, that he has been present with one Henry Keys, a private in the West Lowland Fencible regiment, lately quartered in Dunfermline, that there were some other persons present whose names he does not recollect. That in the course of conversation, Keys said, that at the time the militia were balloted for, if any mob or tumult had taken place upon the occasion, and had the regiment been called out and ordered VOL. XXVI.

to fire, he would have been damned before he would have hurt one of them, meaning the mob. That at the time he administered the oath to James Henderson, he the declarant gave him a pamphlet containing resolutions and articles of the society's constitution, which Henderson read over, and being shown a pamphlet, intituled "Resolutions "and Constitution of the Society of United "Scotsmen," declares, it was one of the same kind which he gave Henderson to read over, and the copy now shown him is marked by him the declarant, as relative hereto, upon that seventh page thereof. Declares, that at that time he likewise communicated to Henderson a sign by which he could make himself known to any other members of the society, and that the sign was by putting a pin in the left sleeve of the coat with the head downwards, in the same way that the tailors put their needles into their sleeves. Declares, that he the declarant received the copy of the resolutions and constitution of the society from James Ritchie, who got a number of them sent him from Glasgow by the carrier, which Ritchie distributed to him and the other members of the society, all which the declarant declares to be truth, one word in the twenty-first, and four words in the twenty-second line of the sixth page of this declaration delete before signing. And in testimony of the truth of what is before stated, the declarant has subscribed each page, consisting of this and the preceding seven pages, place and date before mentioned, before and in presence of the witnesses following, viz. Messrs. Robert Hutton and David Stenhouse, both writers in Dunfermline.

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ROBERT HUTTON, Witness.

DAVID STENHOUSE, Witness. Declaration of James Paterson libelled on.

James Paterson, weaver, in the ground of Pittencrieff, being brought before the said James Moodie, esquire, place and date foresaid; and being interrogated whether he knows two young men lately enlisted with the artillery of the names of John Paterson and Inglis, who are both by trade weavers; declares that according to his recollection he never was in company with either of them. Declares that he has heard that such a society existed, as that of the United Scotsmen, but does not know that any of these two lads were members of that society, except from report; declares that he never was a member of the said society. Being shown a pamphlet intituled "Resolutions and Constitution of the Society of United Scotsmen," and interrogated whether he had ever before seen any copy of it: declares that he remembers to have received one from James Ritchie, late weaver in Dunfermline, now deceased, who requested of him to become a member, but he 4 G

refused to take the oaths, although he does not now recollect whether he might have given Ritchie a promise of secresy or not: declares that he received some signs from Ritchie, by which he might make himself known to the other members; that he does not now recollect particularly what these signs were, but thinks that one of them was by clasping the hands together, by intersecting the fingers, and another by putting a pin into the sleeve of the coat in a certain position. Being interrogated whether he ever admitted any members into the society, declares that about twelve months ago, he read over the regulations contained in the pamphlet above referred to, to James Wilson, wright at Golfdrum, and thereafter gave him the pamphlet, that he might read over the oaths himself, whom he at the same time told it was expected he would keep it a profound secret. That the declarant at that time likewise communicated to Wilson the signs given him by Ritchie, and by which he, Wilson, might make himself known to the other members of the society. Interrogate whether he knows of any other persons who are members of the society of United Scotsmen, declares that from a conversation he had with Inglis, the recruit in the artillery, when one day in his, the declarant's shop, he had reason to believe that Inglis was a member, but cannot say whether Paterson the recruit was a member or not; declares, that he believes David Black, weaver at Buffie's-brae is a member of said society; and his reason for thinking so is, that David Black has given him the usual signs to that effect. Being interrogated whether he knows one William Craig, a packman, who was lately committed upon a charge of some seditious practices, declares, that he does not know Craig, but understands that he was in town last week or the week before; all which he declares to be truth: In testimony whereof he has subscribed each page of this declaration, consisting of this and the three preceding pages, along with the said James Moodie, before these witnesses, Robert Hutton and David Stenhouse, both writers in Dunfermline. (Signed)

JAMES PATERSON
JAMES MOODIE.

ROBERT HUTTON, Witness.
DAVID STENHOUSE, Witness.

The said David Black being called upon to compear and underlye the law for the foresaid crime; and failing to compear,

The lords Swinton and Dunsinnan, decern, adjudge, and declare the said David Black to be an outlaw and fugitive from his majesty's laws; and ordain him to be put to the horn, and all his moveable goods and gear to be escheat and inbrought to his majesty's use, for his not compearing this time and place, in the hour of cause, to underlye the law for the crime of sedition, specified in the criminal letters raised against him thereanent,

he being lawfully summoned for that effect,
called in court, and at the door of the court-
house, and failed to appear; and the said lords
declare the bail-bond granted for his appear-
ance forfeited; and ordain the penalty to be
paid to the clerk of this circuit-court, to be
applied as the court of justiciary shall direct.
(Signed)
JOHN SWINTON; P.

Intran,

James Paterson, weaver, in ground of Pittencrieff, in the parish of Dunfermline, panel, majesty's advocate, for his majesty's interest, Indicted and accused at the instance of his of the crime of sedition, as specified in the criminal libel raised and pursued against him

thereanent, before recorded.

The libel being read over, the panel pled Not Guilty.

Procurators for the Prosecutor.-The Advocate Depute; Mr. Joseph M'Cormick, advocate.

Procurators for the Panel.-Mr. John Clerk, and Mr. John Hagart, advocates.

considered the libel against the said James
The lords Swinton and Dunsinnan, having
Paterson, panel, find the same relevant to in-
fer the pains of law: But allow the panel a
proof of all facts and circumstances that may
tend to exculpate him, or alleviate his guilt,
and remit the panel with the libel as found
relevant to the knowledge of an assize.
(Signed)
JOHN SWINTON, P.
The following persons were named on the
assize of the panel, viz.
Francis McNab of M Nab.
Hope Stewart of Ballechan.
Charles Campbell of Lochdochart.
Robert Stewart of Clochfoldich.
James Stewart of Derculich.
James Inclies, merchant in Dunkeld.
Charles Husband, writer in Perth.
William Graham, merchant in Perth.
James Cruikshank of Langley-park,
David Lyell of Gallry.
Hercules Ross of Rossie.
David Carnegie of Craigo.
Robert Ouchterlony in Montrose.
Thomas Erskine of Cambo.
James Cheape of Strathtyrum.

Who were all lawfully sworn, and no objec-
tion made.

The advocate depute adduced the following witnesses:

1. William Smith, writing-master in Newtown of Cupar.

2. John Aitken, weaver in Newtown of Cu

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