r hell-hatched acts: which paper is signed by his
hand, whereby he is guilty of the crime of treason; and further gave in
a declaration to the council, wherein the said Robert Garnock disowns
the king's authority and government, and protests against the council as
tyrants: Therefore, &c." By such an explicit confession, his own
papers being turned to an indictment without any matters of fact against
him, there was no difficulty of probation, his own protest and
declinature being produced before the justiciary and assize, to whom he
was remitted. But before the assize were inclosed, Robert Garnock and
other five who were indicted with him, delivered a paper to the inquest,
containing a protestation and warning, wherein "They advise them to
consider what they are doing, and upon what grounds they pass a sentence
upon them. They declare they are no rebels: they disown no authority
that is according to the word of God and the covenants the land is bound
by.--They charge them to consider how deep a guilt covenant breaking is,
and put them in mind they are to be answerable to the great Judge of all
for what they do in this matter; and say they do this, since they are in
hazard of their lives, and against them. It is a dangerous thing to pass
a sentence on men merely because of their conscience and judgment; only
because they cannot in conscience yield to the iniquous laws of
men;--that they are free subjects never taken in any action contrary to
the present laws; adding that these whom they once thought should or
would rule for God have turned their authority for tyranny and
inhumanity, and employ it both in destroying the laws of God, and
murdering his people against and without law;--as we ourselves can prove
and witness, when brought in before them. After two years imprisonment;
one of them most cruelly and tyrant-like rose from the place of
judgment, and drew a sword, and would have killed one of us[200], but
Providence ordered it otherways: However the wound is yet to be shown.
The like action was never heard or read of. After reminding them of
David Finlay murdered at Newmills, Mr. Mitchel's case, and James
Learmond's, who was murdered after he was three times freed by the
assize. They add, that, after such murders as deserve death, they cannot
see how they can own them as judges, charging them to notice what they
do; assuring them their blood will be heavy upon them:--Concluding with
Jer. xxvi. 15. And charging them not