These are extracts from some of the existing records held among the Scottish Criminal Justice Records in the National Archives of Scotland. The documents are written in 17th century Scots which is difficult to read without a great deal of practice and skill. I am grateful to Rosemary Bigwood, a pre-eminent Scottish genealogist who was kind enough to transcribe them for me. Without her assistance much of the information contained in the documents would not be accessible.
‘Confession or Declaration’ of James Harkness.
National Archives of Scotland Ref: JC 39/53/1
[box] Transcript of James Harkness’ ‘Confession’
“James Harkness in Locherban brother to the said Thomas Harkness a printed fugitive rebell confesses he wes taken with the other four persones at Clachrie Wood and that he hade a case of pistolles and a carrabin when he wes taken Being interogat if he wer at Bothwelbridge refuses to answer Being interogat if those that wer ther wer rebells declairs he cannot judge of other mens matters Being interogat if he thinks it lauful to ryse in armes against the king for the Covenant or any other pretence whatsoever or if the King be his laufull King refuses to answer Declaires he sawe & conversed with Wm Harknes in Mitchelslaks a printed fugitive rebell since Whitsonday Being interogat if he wes at Enterkin hill at the rescuing of the prisoners from his Majesties forces Refuses to answer declaires he cannot wreitt.
James Harknes farder declaires that he knewe of the building a house near Auchincairnie and that he will not say but it wes for sheltering of Rebells and that he spoke with Thomas Frasers wyff & gott meat & drink out of his house.”[/box]
Extract from Indictment Against Enterkin Accused
NAS Ref: JC39/53/1
[box]Extract of transcript of of Indictment
“Thomas Harknes in Locheibane
James Harknes (crossed out)
Andrew Clerk somtyme in Leadhills in Crauford paroch
Samuel McKewan in Glencairn paroch
Thomas Wood in Kirkmichaell
all prisoners
Ye are indyted and accused That wher notwithstanding be the lawes and acts of parliament of this kingdome and constant proclamations thereof ————- “[/box]
Death Warrant – Thomas Harkness, Andrew Clark and Samuel McEwan Friday 15th August 1684. NAS JC39/53
[box] Transcript of Death Warrant
“Forasmuch as it has been found by ane assize that Thomas Harknes Andrew Clark and Samuel McEwan are guilty of the treasonable crymes wont in the verdict The Lords Justice General Justice Clerk and Commissionars of Justiciary therefor devine and adjudge the said Thomas Harknes Andrew Clark and Samuel McEwan to be taken to the Grassmarket of Edinburgh upon this Friday being the fifteenth day of August instant between two and five o’clock in the afternoon and there to be hanged on a gibbet till they be dead and all their lands heritages tacks stedddings roumes possessions goods and gear whatsoever to be forfeit and as cheat to our sovereign Lord and so which is pronounced for Doom –
Given under our hands at Edinburgh this fifteenth of August 1684
Linlithgow
Foulis
Lockhart
Roger Hog”[/box]
Transcripts of JC39/53 Records relating to the Enterkin Rescue
[box] JC39/53/1
“Confessions and Declarations of Harknes and others 1684”
Curia justiciarie Sdn Regis tenta in pretorio burgi de Cannongate 12 die mensis Augustij 1684 Per nobiliem et potentem comitem Georgium Comitem de Linlithgowe justiciarium generalem dominum Jacobus Ffoulis de Colintoun justiciarie clericum et Joannem Lockhart de Castlehill Commissionarij …. Curia legitime affirmata
Thomas Harknes in Locheibane a printed fugitive rebell confesses he wes taken with the other four prisoners in armes with a carabin or fouling piece And wes with thrie of them who wer in armes the day befor declaires he dwelt befor in Locheibane befor Whitsonday but refuses to condescend wher he stayed sensyne. ( Refuses to owne the King as his laufull King. – crossed out). Being interogat if it be laull to ryse in armes against the King or his authoritie upon pretence of the covenant or any other pretext whatsoever Refuses to answer Declaires he was in company with Wm Harknes in Mitchelslacks a printed fugitive rebell within ther tuentie dayes (And wes in company with John Coupland in Drumcork another of the printed rebells with….. – crossed out). Declaires he ownes the King only in sua farre as he walks according to the word of God Being interogat if these that wer at Bothwelbridge wer Rebells sayes if they wer against God they wer rebells Declaires he cane wreit but will not signe this his declaration.
James Harkness in Locheiban brother to the said Thomas Harkness a printed fugitive rebell confesses he wes taken with the other four persones at Clachrie Wood and that he hade a case of pistolles and a carrabin when he wes taken Being interogat if he wer at Bothwelbridge refuses to answer Being interogat if those that wer ther wer rebells declairs he cannot judge of other mens matters Being interogat if he thinks it lauful to ryse in armes against the king for the Covenant or any other pretence whatsoever or if the King be his laufull King refuses to answer Declaires he sawe & conversed with Wm Harknes in Mitchelslaks a printed fugitive rebell since Whitsonday Being interogat if he wes at Enterkin hill at the rescuing of the prisoners from his Majesties forces Refuses to answer declaires he cannot wreitt.
James Harknes farder declaires that he knewe of the building a house near Auchincairnie and that he will not say but it wes for sheltering of Rebells and that he spoke with Thomas Frasers wyff & gott meat & drink out of his house.
Andrew Clerk sometyme in Leadhills in the paroch of Craufurd Confesses he wes present with Thomas & James Harknes abovedesigned when they wer taken being interogat if he wes at Enterkinhill when the persones wer rescused and the same being referred to his oath he refused to answer Being interogat if the King be his laufull prince or if it be lauful to ryse in armes against the King or his authoritie upon pretence of the covenant or any other pretence whatsoever Refuses to answer Being interogat if these that wer at Bothwelbridge wer Rebells sayes if they wer against God they wer Rebells and being interogat if those that ryse in armes against the King wer Rebells Refuses to answer.
Samuel McKewan in Glencairn paroch prisoner confesses he wes taken prisoner with Thomas and James Harknes & Andrew Clerk and that he hade a pistol & a sword Being interogat if the King be lauful King refuses to answer Being interogat if he thinks it lauful to ryse in armes against the King or his authoritie for maintenance of the Covenant or any other pretence whatsomever Refuses to answer Being interogat if he wes at Enterkin when the prisoners wer rescued refuses to answer Being interogat if these that wer at Bothwelbridge wer Rebells refuses to answer Declaires he will not wreitt.
Samuel McKewan being thereafter examined Declaires he could depone that he wes not at Enterken with those that rescused the prisoners from the partie of his Majesties forces. [/box]
Transcript of summons to Assize dated 13th August 1684
[box] JC39/53/1
George Earle of Linlithgow Lord Leivingstoun – Lord Justice Generall of the Kingdome of Scotland Sir James Ffoulis of Colintoun Lord Justice Clerk Sir John Lockhart of Castlehill Sir David Balfour of Fforret Sir Roger Hoge of Harcarss Sir Alexr Seaton of Pitmedden and Sir Patrick Lyon of Carss Lords Commissars of Justiciarie to our Lovits (blank) heraulds pursevants macers of court messingers at armes our shirreffs in that part conjunctlie and severallie speciallie constitut greeting fforsameikle as it is humblie meaned and compleaned to us be Sir George Mckenzie of Rosehaugh our soveraigne Lords advocate for his highness entres That wher the fyfteint day of August instant is appoynted be us for the tryall and examination of Thomas Harknes Samuel McKewan John Wood and Andrew Clerk prisoners for the treasonable crymes committed be them in maner mentioned in ther dittays Wherfor nevertheless it is for the Complainer to have our warrand and diligence for summoning the said defenders and citing witnesses and assysers against them in maner efterspecifiet Therefor this precept sein we charge you passe and in our soveraigne Lords name and authoritie and ours Command and chairge the saids defenders be sound of trumpet with displayed coat & using other solemnities nevertheless to compeir befor us within the parliament or Council court house of Edinburgh the said fyfteint day of August instant in the hour of cause ther to underlye the lawe for the treasonable crymes of which they are indyted to the effect that being convict therof justice may be administrat upon them conforme to the lawes of this realme Attour that ye summond ane assyse hereto not exceeding the number of fourtie five persons togither with such witnesses who best knowe the veritie of the premises whose names shall be given you in roll subscribed by the said Complainer ilk person under the paine of ane hundreth merks according to justice as ye will answer to us thereupon the whilk to doe Committs to you conjunctlie and severallie our full power be this our precept Given under our hands at Edinburgh the thirteenth day of August (1684) years. Linlithgow [/box]
Transcript of ‘Confessions’ read before trial to accused Thomas Harkness, Andrew Clark and Samuel McEwan – 15th August 1684.
[box] 15 August 1684 The principal confessions of Thomas Harkness Andrew Clerk & Samuel McKewan abovenamed being publicly read to them in presence of the justices & assyse they did renewe & adhere therto in all poynts and Samuel McKewan declaires that self defence is lawfull. [/box]
Transcript of Indictment
[box] JC39/53/1
Thomas Harknes in Locheibane
James Harknes (crossed out)
Andrew Clerk somtyme in Leadhills in Crauford paroch
Samuel McKewan in Glencairn paroch
Thomas Wood in Kirkmichaell
all prisoners
Ye are indyted and accused That wher notwithstanding be the lawes and acts of parliament of this kingdome and constant proclamations therof particularly be the 3d act 1 par: K James the first 14 act 6 Parliament & 49 Act 12 Par: K.Ja.2d. 97 Act 7 Par.K.Ja.5th 144 Act 12 Par.K.Ja. the sext It is statut and ordained that no man oppenlie nor nottorlie rebell against the Kings person or authoritie or make war against the King’s leidges or wilfullie receyt maintaine or doe favour to or recept supplie or intercomon with or give any meat drink house harbour or any releif or comfort or anywayes aid abait assist or give help red or councillto Rebells & traitors under the paine of treason viz forfaulture & escheat of lyff land and goods. And be the 5t act of the first session of his Majesties first parliament It is declaired to be high treason to be subjects of this realme or any number of them more or lesse upon any ground or pretext whatsomever to ryse or continue in armes to make peace or warr or any treaties or leagues with forraigne princes or estates or amongst themselves without his Majesties special authoritie & approval first interponed thereto And be the 2nd act 2d session of his Majesies 1 par: it is declaired high treason for any of his Majesties subjects to maintaine these positions that it is lawfull for subjects upon pretence of Reformation or any other pretence whatsoever to enter into leagues or covenants or to take up armes against ther king or those commissionat by him or to putt limitations upon ther dewe obedience & allegeance and it is therby statut and ordained that if any person or persons shall by writings printing or other malitious and adwised speaking expresse & declaire ther treasonable intentions of depryveing deposeing or suspending of his Majestie from the style honour & kinglie name of the Imperiall crown of his realme or from the exercise of his Royall government or to levie warr or take up armes against his Majestie or any commissionat by him or even to maintaine this position that it is lawfull for subjects pretending his Majesties authoritie to take up armes against his person or those commissionat by him efter such person or persons being upon sufficient probation legallie convict therof they shall be deemed adjudged & declaired traitors and shall suffer forfaulture of lyff honour land & goods as in the case of high treason Nevertheless it is of veritie that the saids Thomas Harkness Andrew Clerk Samuel McKewan & Thomas Wood shaiking off all fear of God respect and regard to his Majesties authoritie & lawes have presumed to commit and are guilty of the crymes in sua farr as the bloodie & sacrilegious murderers of the late archbishop of St. Andrews and ther accomplices in the moneth of May & June 1679 refer & appeired in armes in a desperate andavowed Rebellion against his Majestie & his authoritie in the southerne and westerne shyres Ye and ilk ane of ye did ryse and joyne with them in the said Rebellion and did most treasonablie continue therin till the saids rebels wer defate And then ye fled and made your escape and hes ever since lurked up down the country and marched to & frae in parties killing & murdering his Majesties souldiers oppressing and quartering upon his Majesties good subjects and people and committing all acts of hostilitie & high treason till at lenth ye wer taken & apprehendit being all well armed with swords pistolls carrabins & guns well charged & loaden and ther wes found upon you great balls and slugs and other ammunitions and militarie provision And ye hade the boldness to oppose the partie of his Majesties forces who apprehendit you by force of armes and would not throwe them doun nor begg quarteris & mercy but did most treasonablie resist & snapd your guns upon them and would not yeild till ye wer overpowered and taken at (blank) upon the (blank) day of August instant And ye being brought in prisoners and examined befor the Lords of his Majesties Privie Counsell & Lords of Justiciary Ye the said Thomas Harknes hes confest that ye wer taken with other four prisoners in armes with a carrabin or fouling piece And that ye wer with three of them in armes the day befor and that ye have treasonably conversed with Wm Harknes in Mitchelslacks a printed fugitive rebel within thir twentie dayes in your own hill land And all of you most treasonablie & obstinatlie refuse to declaire it unlawfull for subjects to ryse in armes against his Majestie or his authoritie upon pretence of the Covenant or any other pretence whatsoever or to owne the King & his authoritie as lawfull and according to the word of God or to call the ryseing in armes at Bothwell Bridge a rebellion or those that rose ther rebels or to pray for the King And ye most obstinatlie refuse to declare or purge yourselves of being with these rebels who opposed a partie of his Majesties forces at Enterkin hills & refried some prisoners from them upon the (blank) day of July last or to give ane accompt wher ye have stayed & lived or bein harboured Wherthrowe it is evident that it is your principle and that you maintaine and doe owne the treasonable positions above mentioned prohibit be the lasws & acts of parliament abovespecifiet Viz That it is lawfull for subjects to ryse in armes against the King & his authoritie for the Covenant and that the King & his authoritie are not lawfull nor according to the word of God because against the Covenant and that those who rose in rebellion against the same at Bothwellbridge wer no rebels and your refusing to pray for the King is a clear rejecting & disowneing of him especially when ye declaire it your principle that ye were bound to pray for non but those within the decree of election as ye the said Thomas Wood hes expresslie done when ye wer desyred by the privie councill to pray for the King And your refusing to purge your self of being with the rebells at Enterkinhill is a clear evidence that ye wer ther And your refusing to give ane account wher ye have lived and stayed proves evidently that ye have skulked up and down the countrey with the other printed rebels in parties and have bein with them at the killing & murdering of his Majesties souldiers & committing other crymes of high treason And your refuseing to answer to the poynts abovementioned is treasonable limitation of your dew obedience and allegeance and a malitious expressing of your treasonable intentions of depryveing and suspending of the Kings majestie from the style honour & Kinglie name of the Imperiall crown of this realme and from the exercise of his Royall government And all of you have treasonablie conversed with on another and with the said Wm Harknes in Mitchelslacks and other traitors & rebels declaired and printed fugitives Wherthrowe ye and ilk ane of you have committed and are guilty of the treasonable crymes abovespecifiet and are actors airt and part of the samen which being found be ane asyse ye ought to be punished with forfaulture of lyff lands and goods to the terror of others to commit the like hereafter. [/box]