Perjury — Hearing of Mass, &c. Apr. 24.-MR WILLIAME BARCLAY, brother to Sir Patrik Barclay of Towie, (Tollie) knycht. Dilatit of Periurie; and Heiring of Mefs, contrair the Actis of Parliament. Comperit Dauid Hairt, feruitour to my lord Thefaurer, and produceit the lettres deulie execute and indorfat, purchest be Mr Thomas Hammiltoune, his hienes aduocat, aganis Mr Williame Barclay, for the crymes within contenit. • Continewit in cras.' [Mr Williame Hairt, Juftice-Depute.] Apr. 25.-DITTAY. THAT quhair, it is expreflie provydit, ftatute and declarit, be Act of Parliament, maid in the tyme of his hienes derreft mother, vmqle Marie Quene of Scottis, that the panis of Periuirie falbe to the perfonis committeris thairof, confifcatioune of all thair guidis movabill, wairding of thair perfonis for yeir and day, and langer, induring hir Maiefteis will; and to be infamous perfonis, never abill to bruik office, honour, dignitie nor benifice, in tyme to cum: And als, it is ftatute and ordanit, be Act of Parliament, maid in his bienes Parliament, haldin and begun at Edr the viij day of Junij the yeir of God Jm.Ve.lxxxxiiij yeiris, that in all tyme cuming, all Wilfull Heraris of Mefs, and conceillaris of the famyn, be execute to the death; and thair guidis and geir escheit to our fouerane lordis vfe, fa fone as thay fall be fund gyltie and convict thairof, or declarit fugitiue for the famyn, befoir the Juftice-generall and his deputtis, or the lordis of his bienes Privie Counfale; as the faidis Actis, at mair lenth beris. AND trew it is, that the faid Mr Williame Barclay, haifing, in pe moneth of .. laftbypast, fworne and fubferyuit befoir the Prefbyterie of Edr that he wes of the Religioune prefentlie profeft within this realme; nochtwithstanding thairof, vpoun the xx and xxj dayes of Marche laftbypast, he affiftit and hard twa Meffis, quhilkis war faid be M1 Alex1 M'Qubirrie, ane Jesueit Preift, within Andro Naperis duelling houfe in Edr; be the heiring quhairof, and affifting thairto, he hes profeft and fworne the contrair Religioune; and fua, hes committit the cryme of Periurie, and incurrit the pane thairof abouewrittin, contenit in the said Act of Parliament: Lyke as, he, be the wilfull heiring of pe faidis twa feuerall meffis, at the twa feuerall tymes refpective abouewrittin, hes incurrit the panis contenit in the vther Act of Parliament, maid anent Wilfull heraris of Mefs, viz. the pane of death and confifcatioune of all thair movabill guidis. The faid Mr Williame refufit to abyde the tryell of ane Affyis; bot become in his Maiefteis Will for the famyn crymes: Quhairvpoune the faid Mr Thomas Hammiltoune afkit Actis and inftrumentis. [Mr Williame Borthuik, Juftice-Depute.] May 2.-The faid Justice-depute produceit his Maiefteis Warrand, concerning his hienes Will; quhilk he pronunceit and oppinlie red in jugement; quhairof the tennour followis. JAMES, be pe grace of God, King of Scottis. To our Juftice, Juftice Clark and his deputis, greting: fforfamekill as Mr Williame Barclay, brop to pe Laird of Towie, is becum in our will, in ane Justice Court, haldin in our Tolbuith of Ed', vpoune pe xxv day of Apryle lastbypast, for Periurie, and hering of Mefs, contrair pe tennour of our Actis of Parliament: Thairfoir, We declair our will, as followis, to wit: ffor pe Periurie, We ordane pe faid Mr Williame to be declarit Infamous, and nocht habill, now, to bruik office, honour, dignitie or benefice, within our realme: And for pe hering of Mefs, we decerne and ordaine him to be Baneift our realme, during all pe dayis of his lyftime, and never to returne within pe famyn, vnless, be fatisfactioune of pe Kirk, he obtene our speciall Licence to pat effect; vn der pe pane of deid: And that he remoue or depairt furth of our realme, within fourtie dayis nixt efter his libertie furth of his prefent waird. Commanding, heirfoir, 30w, our faid Justice, Juftice Clark and 3our deputtis, to pronunce and deliuer pis our will, iudiciallie, aganis pe faid Mr Williame: And paireftir, caufe commit him to waird agane, within our Caftell of Ed, pair to remane quhill the forder knawledge of our will and plefour towardis him. As 3e will anfuer to ws pairvpoune: Quhairanent pir prefentis falbe zour Warrand. Subscriuit with our hand, At Dalkeith, the laft day of Apryle, and of our regne pe xxxiiij 3eir, 1601. (Sic fubfcribitur) JAMES REX. Quhilk being oppinlie red and declarit in judgment, the Justice-depute interponit his authoritie thairto. [Mr Williame Haert, Juftice-Depute.] Exhibiting the King's Portrait, on the Public Gibbet, &c. Apr. 25.-ARCHEBALD CORNUALL, ane of the toune officiaris of Edin burghe. [THE following Trial is perhaps unparalleled in the Annals of Criminal Jurisprudence, in any country; and cannot be read without exciting feelings of the utmost disgust and indignation, at the coldhearted and vindictive, nay, sanguinary spirit, which dictated the pronouncing and carrying into execution of so awful a sentence, for an offence of so trivial a nature, probably originating in pure accident or inadvertency, or at most in a foolish jest of the officer, who would, no doubt, for his own interest, as well as that of his employer, in making a sale, endeavour to dispose of thep icture to the best advantage. The Dittay only accused him of preiffing to haif hung the fame' upon the gallows; but that he was prevented from doing so by the people. It is evident that the King instigated these disgraceful proceedings; and it is equally certain, that the unhappy victim of this most tyrannical act suffered death accordingly. The Affife' bears all the marks of a selected set of worthlefs and pluckless wretches.' No less than eight of their number are Tailors, who have at no time been famed for extraordinary firmness or independence. The veracious Robert Birrel gives the following account of the matter. The fame day (Apr. 27), Archibald Cornell, toune officer, hangit at the Croffe, and hung on the gallows 24 houres: And the caus quhairfore he wes hangit: he being an unmereciful, greidie creatur, he poyndit ane honeft manis hous, and amongst the reft, he poyndit the King and Queins picturis ; and quhen he came to the croffe to compryfe the fame, he hung thame up upone twa naillis on the fame gallows, to be compryfit; and thai being fene, word 3ead to the King and Queine, quhairupone he wes apprehendit and hangit.' If Birrell is correct with regard to date, (which it would appear he is,) it makes the matter still worse, so far as the King is concerned; for it puts violent and sudden rage out of the question. The treffonabill fact' took place upon the 15th day of April; so that the trial, condemnation, and execution must have proceeded on cruel, deliberate, and malicious determination: The proceedings before the Justiciar are dated Apr. 25; and the poor town officer did not suffer death till Apr. 27. Unfortunately for the character of King James VI. this is by no means a solitary instance,-witness the Cases of Johne Dicksoun, in Lyne, Aug. 3, 1596; Francis Tennent, Oct. 10, 1600; Thomas Ross, son of Ross of Craigie, in 1618 (executed Sept. 10), and many others. Another very remarkable instance of the arbitrary and despotic character of James, in the month of October the same year, is given in the new and accurate edition of Lord Hailes' Annals, 8vo, Edinburgh, 1829, Vol. iii. p. 106, and which is reprinted here, in illustration of the above remarks. The object of this latter act of tyranny is abundantly clear. Mr Peter Narne was a victim offered up to the English nation, at a time when the King was plotting with Cecil, &c. to secure his succession to the throne of Elizabeth; as a foretaste, doubtless, of the protection he would afford them against every encroachment of his Scotish subjects. There is no doubt that this unfortunate man suffered, for his supposed intention to murder; as the torture was directed to be used, till he should confess; and then the Judge was directed to pronounce sentence of death! So extraordinary is this Case of Archibald Cornwall, in all its bearings, that the Editor deemed it requisite to investigate the matter, as minutely as his opportunities permitted. The result of these inquiries are appended, and left to the reader's consideration, without farther observations.] Dilatit of the ignominious Dishonouring and Defaming of his Maieftie, in taking of his Portratour, and laying of the famyn and setting thairof to the ftowpis and vpberaris of the gibbet, preiffing to hing vp the samyn thairvpoune. PERSEWAR, Mr Thomas Hammiltoun, Aduocat to our Souerane Lorde. ASSISA. Johne Blak, tailgeour thair, Edmond Smyth, tailgeour (in the Cannogait,') James Sympfoun, tailgeour thair, Patrick Acarfane, wrytter, Williame Tailzeour, deacon of the Johne Horne, fruitman in Ed1, tailzeouris in the Cannogait, Johne Pillons, cordiner thair, Johne Rankene, tailzeour, burges James Aikman, tailz eour thair, of Edinburghe, Dauid Bennet, tailgeour thair, Patrick Somervell, burges thair, Adame Carkettill, tailgeour thair, Patrik McGregour, fruitman. The Aduocat takis inftrumentis of the Admiffioune and fwering of the Affyis. The Aduocat proteftis for Wilful Errour, in case they acquitt; in respect of the notorietie of the deid, knawin to thamefelffis. The quhilk day, Archibald Corneuall, ane of the toune officeris of Edinburghe, being enterit on pannell, dilatit, accufit and persewit, be dittay, produceit be Mr Thomas Hammiltoune of Drumcarne, aduocat to our fouerane lord, for the treffonabill and ignominious dishonouring and defaming, sa far as in him lay, of our fouerane lord the Kingis Maieftie, be taking of his hienes portratour to the publict mercat place of this burghe, and thair schamefullie and wyildlie (vilely) setting the famyn to the ftowpis and vpbereris of the gibbit; and in mair, and manifeft and treffonabill contempt and difdane of his Maieftie, he stuid vp vpoune ane buird or furme, befyde the said gibbet, and cald ane naill thairin, fa heich as he culd reiche it, and liftit vp his hienes portratour foirfaid, and held the famyn vpoun the gibbet, preiffing to haif hung the famyn thairon, and to haif left it thair, as ane ignominious fpectacle to the haill world; gif he had nocht bene stayit, be the just indignatioune of the haill people, minaffing to ftane him to deid, and pulling him perforce fra the said gibbet, to stay his treffonabill fact foirfaid; committit be him, vpoune the xv day of Apryle inftant. VERDICT. The Affyis, be the mouth of the faid Johne Rankene, chancillar, ffand, pronunceit and declarit, for the maist pairt, the said Archebald Cornewall to be fylit, culpabill and convict of the treffonabill setting of his Maiefteis portract to the tramme of the gibbet; and presenting of the famin, to be hung heich vpoun ane nail infixt in the said gibbet. SENTENCE. For the quhilk cause, the said Justice-depute, be the mouth of Robert Galbraith, dempstar of the said Court, decernit and ordanit the said Archebald Corneuall to forfalt lyffe, lands and guidis, and to be tane to the faid gibbet, quhairvpoune he preiffit to hing his Maiefteis portratour, and thairon to be hangit quhill he be deid; and to hing thairvpoun, be the space of xxiiij houris, with ane paper on his foirheid, contening that vyild cryme committit be him. (1.) NARRATIVE taken from Wodrow's MSS 3 In the faid moneth of Aprile (1601), one of the officeris of Edr, having rowping at the Croce of Edr certane poindit geir, amang the quhilk the Kingis picture wes; and to the effect that the bred2 and picture micht be the better fene (the officeris stand being hard befyde the gibbet) vndifcretlie and rafchelie the officer wes calling in ane naill in the gibbett, to haue hung vp the bred, as wes reportit, and yit hang not vp the famin, bot ceiffit, being admonischet be sum of the pepill ftanding by, that it wes not weill done to put vp ony naill to the effect foirfaid: Allwyfe, vpoun the faid prefumptioun, the officer wes challengit and put in wairde, within the tolbuith: And the Kingis Maieftie, being informit thairof, caufit examine certane witnesses thairvpoun; and thairefter the faid Officer wes put to ane Affyfe, and convict vpoun the said prefumptioun; and dome gevin vpoun him, to be hangit xxiiij houris, with ane paper on his foirheid, declairing the said caus. Lyke as, he wes fua done with, vpoun the faid xxvij of Aprile, about fax houris at evin; and sufferit to hing on the gibbet quhill the nixt day, at evin, at the same time: And thaireftir, the gibbet wes takin doun and brunt with fyre. (2.) ACCOUNT taken from Calderwood's MS. Church History. Apr. 27, 1601.-UPON the fame Mounday, at fex houres at even, ane Officer of Edinburgh, named Archibald Cornwall, was hanged upon a gibbet, at pe Croffe of Edr. At pe rouping of fome poynded gear, at pe Croffe of Edinburgh, finding a broad wherein was the King's picture, and ftanding hard befide the gibbett, undifcreitly and rafhly was driveing in a nail in the gibbett to hing up the board, as was reported but being admonished by fome of pe people ftanding by, he ceafed and hanged it not up: Alwayes, upon the fame prefumption, he was putt in waird, in the jayle. The King, being informed, caufed examine certaine witneffes; and thereafter, he was putt to ane Affife, convicted and condemned to be hanged, and to hing twentie four houres, with a paper on his forehead: which was done; and thairefter the gibbett was taken down and burnt with fire. (3.) EXTRACTS from THE RECORDS of the Town Council of THE CITY OF EDINBURGH. Apr. 17, 1601.-FOR the honour and reverence thai aught to our foueran lord, his darrest spous and children; Statutes and ordanis, that nane of thair Maiefteis and graceis pictures and portraits be poyndit, rowppet or compryfet, for ony maner of caus, publictlie or privatlie, heirefter: Dischargeing thair officeris and feriandis of the fam and of thair offices in that pairt, vnder the payne of tynfall of thair faid offices, and wairding of thair perfounis for the spaice of twenty dayes. (Apr. 22.) The Bailleis, deyne of gild, thefaurer, and maift pairt of the Counfall being convenit, appoyntis George Todrig baillie, Dauid Williamfoun and Patrik Sandelandis, to pas to his Maiestie, prefentlie at Dalkeyth, and to inform bis Maieftie of the trewth, anent the offence confauet be his Maieftie aganis Archebald Cornuell, officer, for the allegeit hinging of his Maieftie and spous picture at the gibbet, in ane rowping. (May 1.)-Thomas Hammiltoun appointed in place of vmqle Ard Cornuell.' (4.) COMMISSION OF JUSTICIARY to Robert Lord of Roxburgh, for the Torture, Trial and Execution of Mr Peter Narne. JAMES, be the grace of God, King of Scottis; To all and findrie our lieges and fubditis, quhom 1 Wodrow's MSS. Adv. Library, Edinburgh, Vol. IX. Rob. III. 2, 9. 2 Board; a painting on panel. 3 Driving. ever it effeiris, to quhais knawlege thir our letters fall come, greeting. FORSAMEKLE as MR PETER NARNE, haveing maist traiterouslie devifit and confpyrit the Murther and deftruction of . . . . Englishmen; and for executioune of this vyld and abhominable fact, haveing trained thame within oure realme, promiffing unto thame to get thame advancen in credite and fervice with us; and haveing brocht thame to the town of Kelfo, he thair refolvit to have accomplishen his faid vyld Murther; and being in the actual executioun, he was, be the providence of God, ftayed, the puir innocent ftrangearis relevit, and himself apprehendit, and is presentlie in handis. Quhilk vyld and detestable coyfinage and Confpiracie of an intendit and confpyrit Murther, being of fo rare ane example and preparative, and carrying with it fa foull ane fclander and reproche to our natioun, giff the fame be not accordingly tane order with and punisheit: And albeit, thair be na law maide againe practizars and Confpiratours of ane Murther, unexecute; and that this fact, naikedlie confiderit, will not appeir puneishable to the death; yet We, haveing regaird to the circumftanceis thairof, with the interest quhilk it carryis to our service, and the fclander and reproche to our natioun, We have thairfoir, of our awin absolute auctorite and power, Ordanit the faid vyld and deteftable Confpiracie to be puneifheit to the death; to the terror of all uthiris to interprise the lyke heireftir. FOR quhilk purpois, We have maid and conftitute, and be the tenor heirof Makis and Conftitutis, our richt truft coufing and counfallor ROBERT LORD OF ROXBURGHE, our Juftice in that parte, to the effect undirwrittin; Gevand, Grantand and Committand to him, our full power and Commiffioun, expres bidding and charge, to try and examine the said Mr Petir, upoune the forme, maner and circumftanceis of the said Confpiracie, and upoun the vyld Murther, quhairof he is fufpect gilty; And, giff neid beis, for the better discoverie of the treuth, to put him to Tortour: As alfwa, to put him to the knawlege of ane Affize for the fame, and giff he cry gilty of the faid Confpiracie and intendit Murther committit be him, that he caus execute him to the deid for the fame; and in fpecial, for the foull and treterous Confpiracie forefaid: And for this effect, Justice Courtis, at qubatfomevir placeis convenient, to fett, begyn, affix, have and continew; fuitis to make to be callit; abfentis to amerciat, unlaws and escheitis of the faidis Courtis to ask, lift and raise, and for the fame, giff neid beis, to poind and diftrenzie; Affifers neidfull to this effect, refpective, under the pane of fourty pundis, to fummond, warne, cheis, and cauis to be fworne; clerkis, ferjands, dempstair, and all uthir officiars of Courte neidfull to make, creat and ordane, for quhome he fal be haldin to anfwer; and generallie, all and findrie uther thingis to do and ufe, quhilk for executioun of this our Commiffioun ar requifite and neceffar; ferme and ftable halding, and for to hald, all and whatsumevir thingis in our name fall be done herein. Given undir our fignet, and subscrivit with our hand, Ar BRECHIN, the tent day of October, and of our reign the xxxv, and yeir 1601. Breaking into the Lord Chancellor's House—Theft, &c. May 7.-WILLIAME CREYCHTOUNE, fumtyme indweller in Edinburgh. Dilatit and accufit, fforfamekill as he, accumpaneit with John McCulloch and Robert Ahannay, laitlie, in the moneth of September lastbypast, cam to Johne Erle of Montrois chancellaris house, befyde the Abay of Halyruidhous, and thair, vnder fylence of nycht, brak the samyn, and thifteouslie ftall, concelit, reffett and away-tuik furth thairof, fourtie-fyve pound pecis, ane cloik, twa dowblettis, ane bow and foure arrowis, with ane pair of filk fchankis, pertening to James Grahame, fone to the Chancellar, and vther feruandis to the Chancellar: Att the leift, for airt and pairt of the fteilling, conceling and away-taking thairof. |