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THE

TRIAL

OF

ANDREW MCKINLEY,

FOR

ADMINISTERING UNLAWFUL OATHS.

Proceedings on the 23d June, 1817.

PRESENT,

The Right Honourable DAVID BOYLE, Lord Justice-Clerk, LORD HERMAND. LORD PITMILLY.

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The Right Honourable ALEXANDER MACONOCHIE of Meadowbank, His Majesty's Advocate.

JAMES WEDDERBURN, Esq. Solicitor-General.
HENRY HOME DRUMMOND, Esq. Advocate-Depute.

Counsel for the PANNEL.

HENRY COCKBURN, Esq.

LORD JUSTICE CLERK.-Andrew M'Kinley, attend to the indictment against you which is now to be read.

ANDREW M'KINLEY, present prisoner in the castle of Edinburgh, you are indicted and accused, at the instance

of ALEXANDER MACONOCHIE of Meadowbank, his Majesty's Advocate, for his Majesty's interest: That albeit, by an Act passed in the fifty-second year of his present Majesty's reign, entitled, " An Act to render more effectual an

Act passed in the thirty-seventh year of his present Majesty, for preventing the Administering or Taking Un"lawful Oaths," it is inter alia enacted, "That every per"son who shall, in any manner or form whatsoever, admi"nister, or cause to be administered, or be aiding or as"sisting at the administering, of any oath or engagement, "purporting or intending to bind the person taking the "same to commit any treason or murder, or any felony "punishable by law with death, shall, on conviction thereof "by due course of law, be adjudged guilty of felony, and "suffer death as a felon, without benefit of clergy." And further, by section fourth of the said act, it is enacted, "That persons aiding and assisting at the administering of "any such oath or engagenient, as aforesaid, and persons "causing any such oath or engagement to be administered, though not present at the administering thereof, shall be "deemed principal offenders, and shall be tried as such; "and, on conviction thereof by due course of law, shall be adjudged guilty of felony, and shall suffer death as fe"lons, without benefit of clergy, although the persons or "person who actually administered such oath or engage66 ment, if any such there shall be, shall not have been tried "or convicted." And further, by section sixth of the said act, it is enacted, "That any engagement or obligation "whatsoever, in the nature of an oath, purporting or in

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tending to bind the person taking the same to commit any "treason or murder, or any felony punishable by law with "death, shall be deemed an oath within the intent and

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meaning of this act, in whatever form or manner the "same shall be administered or taken, and whether the "same shall be actually administered by any person or persons to any other person or persons, or taken by any other person or persons, without any administra"tion thereof by any other person or persons:" Yet true it is and of verity, that you the said Andrew M.Kinley are guilty of the said crimes, or of one or more of them, actor, or art and part: In so far as, you the said Andrew McKinley did, at secret meetings, and on other occasions, at Glasgow, and in the vicinity thereof, in the course of the months of November and December 1816, and January and February 1817, wickedly, maliciously, and feloniously administer, or cause to be administered, or

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did aid or assist at the administering, to a great number of persons, to the amount of several hundreds, an oath or engagement, or an engagement or obligation in the nature of an oath, purporting or intending to bind the persons taking the same to commit treason, by obtaining annual parlia ments and universal suffrage by physical strength or force, and thereby effecting the subversion of the established go vernment, laws, and constitution of this kingdom, by unlawful and violent means; which oath or engagement, or engagement or obligation in the nature of an oath, was in the following terms, or to the following purport:-" In aw"ful presence of God, I, A B, do voluntarily swear, That "I will persevere in my endeavouring to form a brother"hood of affection amongst Britons of every description, "who are considered worthy of confidence; and that I will persevere in my endeavours to obtain for all the people "in Great Britain and Ireland, not disqualified by crimes "or insanity, the elective franchise, at the age of twenty"one, with free and equal representation, and annual par"liaments; and that I will support the same to the ut"most of my power, either by moral or physical strength "(or force), as the case may require: And I do further "swear, that neither hopes, fears, rewards, or punishments, "shall induce me to inform on, or give evidence against, "any member or members, collectively or individually, for "any act or expression done or made, in or out, in this or "similar societies, under the punishment of death, to be in"flicted on me by any member or members of such socie "ties. So help me God, and keep me stedfast." And more particularly, (1.) at a secret meeting, held at the house of Hugh Dickson, then weaver in Abercromby Street, or Calton of Glasgow, or elsewhere at Glasgow, or in the immediate vicinity thereof, you the said Andrew McKinley did, upon the 20th day of December 1816, or upon one or other of the days of that month, or of November immediately preceding, or of January immediately following, wickedly, maliciously, and feloniously administer, or cause to be administered, or did aid or assist at the administering to Peter Gibson, John M Lachlane, John Campbell, and Hugh Dickson, all present prisoners in the castle of Edinburgh, or to one or other of them, and to other persons, whose names are to the prosecutor unknown, an oath or engagement, in the terms above set forth, or to the same purport, or an engagement or obligation in the nature of an oath, in the terms above set forth, or to the same purport. And further, (2.) you the said Andrew

McKinley did, upon the 1st day of January 1817, or on one or other of the days of that month, or of November or December immediately preceding, at a secret meeting, held in the house of William Leggat, then change-keeper, King Street, Tradestown, in the vicinity of Glasgow, or elsewhere at Glasgow, or in the vicinity thereof, wickedly, maliciously, and feloniously administer, or cause to be administered, or did aid or assist at the administering, to the said Peter Gibson, John M'Lachlane, John Campbell, and Hugh Dickson; as also, to James M'Ewan, now or lately carding-master at Humphrie's Mill, Gorbals of Glasgow, and McDowal Pate, or Peat, now or lately weaver in Pic. cadilly Street, Anderston, in the vicinity of Glasgow, who, conscious of their guilt in the premises, have absconded and fled from justice; as also, to John Connelton, or Congleton, now or lately cotton-spinner in Calton of Glasgow, or to one or other of them, and to other persons, whose names are to the prosecutor unknown, an oath or engagement, in the terms above set forth, or to the same purport, or an engagement or obligation, in the nature of an oath, in the terms above set forth, or to the same purport. And further, (3.) you the said Andrew M⭑Kinley did, upon the 4th day of January 1817, or on one or other of the days of that month, or of November or December immediately preceding, at a secret meeting, held in the house of Neil Munn, then innkeeper and stabler in Ingram Street, Glasgow, or elsewhere at Glasgow, or in the vicinity thereof, wickedly, maliciously, and feloniously administer, or cause to be administered, or did aid or assist at the administering, to the said Peter Gibson, John M'LachJane, John Campbell, Hugh Dickson, M Dowal Pate, or Peat, and James M'Ewan; as also, to James Hood and John Keith, both present prisoners in the castle of Edinburgh, and to Andrew Sommerville, John Buchanan, and James Robertson, all now or lately prisoners in the tolbooth of Glasgow, or to one or other of them, and to other persons, whose names are to the prosecutor unknown, an oath or engagement, in the terms above set forth, or to the same purport, or an engagement or obligation in the nature of an oath, in the terms above set forth, or to the same purport. And further, you the said Andrew McKinley did, upon the 5th day of February 1817, or on one or other of the days of that month, or of January immediately preceding, at a secret meeting, held at the house of John Robertson, then innkeeper and stabler in Gallowgate of Glasgow, or elsewhere at Glasgow,

or in the immediate vicinity thereof, wickedly, maliciously, and feloniously administer, or cause to be administered, or did aid or assist at the administering, to the said James Hood, James Robertson, Andrew Sommerville, and John Buchanan, as also to James Finlayson, present prisoner in the castle of Edinburgh, or to one or other of them, and to other persons, whose names are to the prosecutor unknown, an oath or engagement, in the terms above set forth, or to the same purport, or an engagement or obligation in the nature of an oath, in the terms above set forth, or to the same purport. And you the said Andrew M'Kinley having been present, together with all or part of the persons above designed, at a secret meeting, held for the purpose of administering, or causing to be administered, the said oath or engagement, or for other purposes to the prosecutor unknown, at the house of Alexander Hunter, then changekeeper in the Old Wynd of Glasgow, on the 22d day of February, 1817, and having been there apprehended, conscious of your guilt in the premises, did assume the false name of John Brotherstone; and having been taken before Robert Hamilton, Esquire, Sheriff-depute of Lanarkshire, you did, in his presence, at Glasgow, on the 28th day of February, 1817, and on the 11th day of March, 1817, emit and subscribe two several declarations; and having been taken before Daniel Hamilton, Esquire, one of the Sheriffs-substitute of Lanarkshire, you did, in his presence, at Glasgow, on the 4th day of March, 1817, emit and subscribe a declaration; and having been taken before Hugh Kerr, Esquire, one of the Sheriffs-substitute of Lanarkshire, you did, in his presence, at Glasgow, on the 5th day of March, 1817, emit and subscribe a declaration ; and having been taken before James Wilson, Esquire, Sheriff-substitute of the county of Edinburgh, you did, in his presence, at Edinburgh, on the 18th day of March, 1817, emit and subscribe a declaration;-all which declarations, being to be used in evidence against you at your trial, will, for that purpose, be lodged in due time in the hands of the clerk of the High Court of Justiciary, before which you are to be tried, that you may have an opportu nity of seeing the same. At least, times and places foresaid, the said oath or engagement, or an oath or engagement in the foregoing purport, or an engagement or obligation in the nature of an oath, in the terms above set forth, or to the foregoing purport, purporting or intending to bind the persons taking the same to commit treason, as said is, was wickedly, maliciously, and feloniously administered, or cauɛ

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