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The Aduocat proteftis for Wilfull Errour, in caife thay Acquyte; becaus the Laird of Craig hes confeft the deid, and maid his repentance thairfore.

VERDICT. The Affyis, be the mouth of Robert Arbuthnet, fear of that Ilk, Chancillar, for the maist pairt, ffand, pronunceit and declarit the said Sir Dauid Wod to be Acquyte, cleane, innocent and clangeit of the haill crymes aboue writtin, quhairof he wes accufit and persewit: Quhairvpoune the said Sir Dauid Wod afkit actis and inftrumentis; and protefit for his Testimoniall.

Sir Johnne Wischart of Pittarro, knycht, Johnne W. his fone and air, Robert Falconer of Balandro, Johnne Allardes, fear of that Ilk, Johnne Ramsay, eldar of Balmayne, Alexander Lyndefay of Brodland and Patrik Craig in Kinneth, and ilk ane of thame, wes vnlawit in the pane of ane hundreth merkis, for nocht comperand on the said Affyis.

Murder.

Nov. 13.—WILLLIAME NUKILSOUNE (NICOLSOUNE) in Dirltoune. Dilatit, accufit and perfewit,

FORSAMEKILL as he, and Adame Nicolfoune, his fone, with thair complices, being bodin in feir of weir, with fwordis, forkis, quhingear and vtheris wappynnis, invafiue, laitlie, vpoune the xiiij day of September laft bypast, haifing confauit ane deidlie hatrent and malice aganis vmqle Williame Jakfoune in the Cannogait, for taking of ane fchaeff of peis off thair land, fett vpoune him, vnder fcylence and cloude of nycht, befyde the Place of Dirltoune, qubair he was in fober and quyet maner for the tyme, doand his lefull effairis and buffines, dredand na evill, harme, iniurie or perfuit of ony perfonis, bot to haif levit vnder Godis peax and our fouerane lordis; and first straik him with ane fork in at the leask ;1 and thairefter, ftrake him with quhingearis aboue the left palp, and throw the bodie; and thairefter, bure him to the faid Williamis duelling-houfe in Dirltoune, and caufit dicht the blude fra his woundis, and fyne tuke him furth of the said house, and careit him to the Place of Dirltoune, and kaift him behind the get thairof, to the effect that the faid crewall Murthour fuld nocht haif cum to lycht: And fwa, maift crewallie and vnmercifullie flew and murdreift him; and he was art and pairt thairof.

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VERDICT. The Affife, viz. George Dewar feruitour to the Lady Gowrie, George Bettie, cuke and brewster to her in Dirltoune," &c., be the mouth of Hew Baillie in North-Beruik, chancelar, ffand the pannell to be Innocent and Acquit of art and pairt of the Slauchter of the faid Williame Jakfoune, &c.

Murder of the Warden of the West Marches.

Nov. 14.-THOMAS ARMSTRANG, fone to Ringanis Thom. (In the Dittay he is ftyled fone to Sandeis Ringane."

Dilatit, accufit and perfewit be Archbald Carmichell of Edrom, brother to vmqle Sir Johne Carmichell of that Ilk, knycht, Warden of the Weft Marcheis of Scotland, for the tyme, of the cryme following: that is to fay,

2 Breast.

1 The groin or flank, sometimes spelt leask or lisk. 3 Wipe off. • The rest of no note. 5 This last seems his proper designation, as the Dittaymentions the faid Ringane (Ninian) his fader.' The loose mode of designating persons, in the rank of life of the pannel, which was prevalent in the Borders at this period, is apt to lead modern readers into confusion as to identity of persons.

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FORSAMEKILL as he, accumpaneit with the faid Ringane his fader, Lancie, Hew, Archie and Watt Armftrangis his brether, Sym of the Syde, Lancie of the Syde, Rob Sandie, Rob Scott, Thome Tail3eour, Williame Forrester, Williame Grahame of the Braid of the Grange of Medop, and divers vtberis his complices, to the number of xx, commoun thewis and traittouris, all bodin in feir of weir,' with jakis, fteilbonettis, lances, hagbuttis; haifing, be the inftigatioun of vtheris qubais names he knew, confultit, dewyfit and interpryfit the crewall, treffonabill and fchamefull Slauchter of vmqle SIR JOHNE CARMICHELL of that Ilk, than Warden of the West Marcheis, vpoun ane Soneday, in the moneth of Junij, the yeir of God Im.Vje. yeiris, att ane meitting at the fute-ball, quhair diuers borderaris and freindis wes conuenit to that effect: Quhilk purpois being plattit and fett doun3 be him and thame, and being fuirlie aduertefit that the said vmqle Sir Johne was to keip Court1 at Lochmaben, vpone the morne thairefter, being Monunday and the . . . . day of the faid moneth of Junij, the yeir of God foirfaid; ffor executioun of the quhilk treffonabill and vngodlie fact, thay mett altogidder, att thair tryfting place of the Blerieheid, quhair thay lay att waitt for the faid vmqle Sir Johne Carmichellis paffing by; and as he wes in fobir and quyet maner paffand by to the faid Court, dredand na ewill, harme, iniurie or perfuit of ony perfounes, bot to haif lewit vnder Godis peax and our fouerane lordis, he being his Maiefteis Wardene for the tyme, thay altogidder fett vpoune him at the Rae-knowis, fchott thair hagbuttis att him, and thairwith maist schamefullie, crewallie (and) treffonablie schot the faid vmqle Sir Johne Carmichell throw the body, and flew and murdreift him thair; vpoun fett purpois, provifioun and foirthocht fellony.

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VERDICT. The Affyis, be the mouth of George Ferrie, portioner of Restalrig, Chancillar, ffand, pronunceit and declarit the faid Thom Armftrang to be culpabill and convict of airt and pairt of the treffonabill and crewall Slauchter and Murthour foirfaid.

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SENTENCE. For the quhilk caus, the faid Juftice-depute, be the mouth of Robert Galbraith, dempftar, Decernit and Ordanit the said Thom Armstrang to be tane to the mercat croce of Edinburgh, and thair his rycht hand to be frickin fra his arme; and thaireftir to be hangit vpoune ane gibbett, quhill he be deid ;o and thaireftir, to be tane to the Gallows on the Burrowmure, and thair his body to be hangit vp in irne cheinis; and all his movabill guidis to be efcheit, to our fouerane lordis vfe.

1

Arrayed or furnished in warlike manner.

2 At this period, especially on the Borders, it was by no means uncommon to have such meetings for playing at foot-ball, archery, &c.—and these games were often taken advantage of, for the perpetration of deeds of violence; at least, they were frequently terminated by bloodshed and violence, through the feuds of neighbouring clans or districts. 3 Plotted and arranged. 4 A Warden's Court, for punishment of excesses committed on the Borders, &c. 5 Appointed place of meeting. 6 Robert Birrel thus notices this event.

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The 11 of July (1600), the Laird of Carmichael buriet; quha wes flaine be the Armftrangis and Carliles, he doing and executing his office of Wardenrie, upone the 16 of Junij befoir.' He thus notices the execution of Armstrang and the Peck, whose trial immediately follows. The 14 of November, Thomas Armstrong and Adam Steill, alias callit the Peckit, wer baith hangit at the croffe. This Thomas had his hand strak aff with ane ftroke, befor he wes hangit, becaus he wes at the flaughter of James Carmichael. This Pecket wes ane of the maift notabill thieffes that evir raid.' 7 This

is the earliest notice in this Record of a Criminal being hung in chains which the Editor has yet met with, and was evidently, in this instance, suggested by the atrocity of the crime, and the dignity of the person so basely murdered. The deficiency of facts, in the earlier Volumes, may account for this circumstance; as the particulars were then seldom recorded.

Horse, Cattle, and Sheep-stealing — Slaughter, &c.
Nov. 14.-ADIE SCOTT, callit the Peck.

Being enterit on pannell and accufit,

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FOR the thifteous fteilling, conceilling and away-taking of certane oxin, furth of the Drochellis, pertening to the Erll of Mortoune and his tennentis. ITEM, for airt and pairt of the thifteous fteilling of certane fcheip furth of ane rowme befyde Lammingtoune. ITEM, for airt and pairt of the thifteous fteilling (and) conceling of fourfcoir heid of nolt, furth of the landis of the Cairne, pertening to certane Lowthian men, quhilk wes in gerfing1 on the famin landis. AND for airt and pairt of the flauchter of vmqle Hary Rannald, feruitour to Sir James Sandielandis of Slewmanna-mure, and vmqle Andro Smyth in Auchnowlis-hill, committit in the moneth of Auguft, I.Vje. yeiris. ITEM, for airt and pairt of the thifteous fteilling of foure hors furth of Corfwodburne, pertening to Sir James Sandielandis of Slewmanna-mure. ITEM, for airt and part of the thifteous fteilling of xvj oxin furth of Leftoun-fcheillis, pertening to Alexander Dowglas. ITEM, for airt and pairt of the thifteous ftelling of certane guidis fra the Guid-wyff of Garvell-fute. ITEM, for airt and pairt of the thifteous fteilling of certane guidis furth of Ingerstoun-burne, pertening to Rychard Hodge thair. ITEM, for airt and pairt of the thifteous fteilling of certane claith furth of Caringtoun-mylne. ITEM, for the cuming to Johne Ker Minister of Lynis hous, breking thairof, taking of him felff prefoner, and fteilling of his infycht and pleneiffing furth thairof. ITEM, for airt and pairt of the thifteous fteilling of twa naigis furth of Hairburneheid, pertening to Adame Johnestoun thair. ITEM, for airt and pairt of the thifteous fteilling of threttie gers oxin2 furth of Corfwodburne, pertening to certane Lowthean men. ITEM, for the fteilling of certane oxin, pertening to . . . . . Adamfoun in Leftounfcheillis. ITEM, for the fetting upoune vmqle Rodger Schaw in Craiganbae, George Schaw thair, Quintene McMillane in Craigneill, Downie McMillane thair, Sandie McMillane thair, Johne Chalmeris in Clatteran-fchawis, Johne McMillan in Dafelloch, George McMillan his brother, George McMillan in Craiginbae, Andro McMillan in Powschafkene, James Reid in Stronefchafkene and Williame Gordoune in Knokschene, att the Sandiehillis; quhair he and his complices flew the faid vmqle Rodger Schaw in Craigbae, and thifteouflie stall xxij naigis fra thame. ITEM, for airt and pairt of the thifteous fteilling of nyntene nolt furth of the byre of Nether Quhitlaw, pertening to Thomas Ker of Caveris; committit at Martimes 1600 yeiris. ITEM, for Commoun Thift and Commoun Reflett of Thift, inputting and outputting of thift.

VERDICT. The Affife3 ffand, pronunceit and declarit the faid Adie Scott to be ffylit, culpabill and convict of the haill cryme of Thift and flauchteris aboue writtin, laid to his charge.

SENTENCE. The Juftice Ordanit him to be tane to ane Gibbett att the mercat croce of Edinburgh, and thairvpoun to be hangit quhill he be deid; and all his movabill guidis to be efcheit, &c.

Uttering Adulterated Money, &c. — Treason.

Nov. 27.-GEORGE DRUMMOND, burges of Perth.

Dilatit and accufit of,

THE Treffonabill outing of fals and adulterat money, fic as Hatt-pecis, crounes, foure pound pecis,

1 Grazing.

3 The same as in

? Oxen sent from the Lothians to pasture or graze. preceding Trial. 4 Uttering, issuing. 5 An early coin of James VI. in which the head is surmounted with a hat, in place of the crown or laurel.

and foure merk pecis, amangis our fouerane lordis liegis, as trew money and coinzie, att the ffairis of Perth, Striuiling, and in vther mercattis in the North pairtis; qubilk fals coinzie he bocht fra Hanis Johneftoune, Fleming, Charles Hereis, Fleming, and Arthour Smyth, a fmyth duelland befyde Banff, and wes coinzeit be thame in Banff, Elgyn, Abirdene and Lenoch, fyve or fax yeiris fyne.

VERDICT. The Affyis, be the mouth of Petir Spens, dagmaker in the Cannogait, chancellar, ffand, pronunceit and declarit the said George Drummond to be culpabill, ffylit and convict of the cryme of Treafoune aboue written.

SENTENCE. To be tane to the Caftell(hill) of Edinburgh, and thair to be wirreit att ane ftaik quhill he wes deid, and his bodie to be brent in affis; and all his landis, heretageis, guidis and geir to be forfaltit, efcheit and inbrocht to our fouerane lordis vfe, as convict of the faidis crymis.

[Mr William Hairt, Juflice-Depute.]

ASSESSORS, Lords Halyruidhous, Dunkeld and Fentonbarnes.

Treason-Keeping the House of Cunninghamehead against the King's Commissioners — Slaughter.

Dec. 15.-WILLIAME CUNNINGHAME of Tourlandis.

Dilatit, accufit and persewit be Mr Thomas Hammiltone of Drumcarne, aduocat to our fouerane Lord, of the crymis following, contenit in Dittay produceit be the faid Aduocat.

DITTAY against the Pannel.

WILLIAME CWNINGHAME of Tourlandis, ye ar indytit and accufit, fforfamekill as Alexander Cwninghame, your brother, and certane his complices, hyrit and conduceit fuddartis,1 haifing, in the moneth of March the yeir of God Im.Vje. yeiris, tane the Hous of Cwninghameheid, and being chargeit be vertew of our fouerane lordis lettres to haif randerit the famin within2 vnder

the payne of Treffoune; Neuirtheles, it is of veritie, that ye, within fourtie aucht houris efter the taking of the faid place, and eftir the charge gewin for randering thairof vnder the pane of Treffoun, convoyit youre felff and enterit within the faid place and hous of Cwninghameheid, and treffonablie affiftit the faid Alexander Cwninghame, your brother, in keping of the faid hous aganis the Lairdis of Duntraith and Vrchill, his Maiefteis Commiffioneris, quba wer affageing the faid place, and that be the fpace of xxiiij dayes eftir your entrie within the famin; during the quhilk tyme, ye and your compliceis treffonablie fchot out of the faid place diuers hagbutis att the faidis Commiffioneris and thair affifteris; committand thairby oppin and manifeft Treafoune, and incurrand the tinfall of lyffe, landis and guidis; quhilkis aucht and fould be execute aganis yow, with all regour. To the takin3 that ye ar gyltie of the faid cryme, ye haif confeft the famin, be youre Depofitioun. ITEM, ye ar indytit and accufit, fforfamekill as ye, accompaneit with Alexander Cwninghame, your brother, and vtheris your compliceis, being bodin in feir of weir, with fecreitis, fteilbonnettis, dagis and piftolettis, prohibite to be borne, worne, vfit or schot with, be our fouerane lordis Actis of Parliament, laitlie, in the moneth of September, or thairby, the yeir of God Im. Ve .lxxxxvj yeiris, haifing confauit ane deidlie feid, rancour and malice aganis vmqle James Stewinfoune in the Myltoune of Robertoune, come to the Landis of the Myltoune of Robertoune, qubair the faid vmqle James wes in fobir and quyet maner, doand his lefull effairis and buffines, dredand na ewill, harme, iniurie or perfuit of ony perfounes, bot to haif

1 Waged, or stipendiary soldiers.

2 Left blank.

3 In proof, token, or testimony.

lewit vnder Godis peax and our fouerane lordis; and thair, with your wappinnis foirfaidis, maist schamefullie, crewallie and vnmercifullie flew the faid vmqle James; and ye was airt and pairt of the faid crewall Slauchter; committit vpoun fett purpois and provifioune, and foirthocht fellony. To the taikin that ye ar airt and pairt of the said Slauchter of the faid vmqle James Stewinfoune, ye wes, vpoun the xxij day of Januar Im. Ve.lxxxxvij yeiris, denunceit rebell and putt to the horne, for nocht comperand befor the Juftice or his deputis, in the tolbuith of Edinburgh, the xxiiij day of November, the yeir of God foirfaid, to haif vnderlyne the law for airt and pairt of the Slauchter foirfaid; att the quhilk horne ye haif remainit continewallie fenfyne, and as yit remanis: as the Letteris of Hoirning, produceit heirwith, beris.

PERSEWAR, Mr Thomas Hammiltoune of Drumcarne, Aduocat to our fouerane lord.
PRELOQUUTOURIS for the pannell.

Mr Williame Oliphant,

Mr Alexander King,

Mr Johne Ruffell,

The Laird of Glengarnok,

The Laird of Reidhall,
The Laird of Capringtoune.

The Preloquutouris produceit ane Warrand of the Lordis,1 commanding thame to compeir in Defence of the Laird of Tourlandis, now enterit on pannell ; quhilk Warrand is fubfcryuit be the Chancellar, in præfentia Dominorum.—The pannell takis inftrumentis, that the Juftice declaris that Sir Johne Colburne of Ormifloun, Juftice clark, fall nocht be judge nor Affeffour, nor yit Justice clark in this mater. Alledgeis, that Sir George Home, thefaurer, can nocht be Affeffour, because he may win and tyne in the caufe, in caife of convictioune. The Aduocat anfueris, that the alledgeance aucht to be repellit, in refpect he is nocht partie. The faid Sir George Home declarit he wold nocht voit in that mater.-The Aduocat takis inftrumentis of the admitting of my Loirdis of Halyruidhous, Dumkerd3 and Fentounbarnes to be Affeffouris in this caufe.

The pannell alledgeis, that he fould be cited vpoun fourtie dayes warning, for the alledgeit Treafoune of keping of the hous. The Aduocat anfueris, that it hes bene the inviolabill practik, quhen ony is tane' for Treafoune, to putt him to ane Affyis for the faid cryme of Treafoune, but citatioun.

The Juftice repellis the alledgeance maid be the pannell.

It is alledgeit that the Dittay is nocht relevant, in refpect of the generalitie thairof, nocht condifcendand att quhais inftance the charge wes gevin to rander the place, quhom to, or ex qua caufa. The Aduocat alledgeis that it aucht to be repellit, in refpect of the Dittay. Forder, the Dittay is nawyis relevant, becaus I wes nocht chargeit, nor na intimation wes maid to me of the charge, 1 This form was usual, especially in cases of Treason, in order to screen Counsel from the consequences of defending one who must be inferred to have been most obnoxious to the King. A Supplication was, in the first instance, presented to the Lords of Council and Session, by the pannel, praying them to name 'prolocutors' for the defence, and suggesting various names. The prayer was generally granted, as a matter of course. 2 Declinator' of the Judge was competent, on the ground of relationship, or that he had a pecuniary or other interest in the case, &c. Bishop of Dunkeld ? Taken or apprehended and put in ward. 5 Without. 6 It will be noticed, in the course of this Collection, that this loose and unjust mode of answering a special obiection was usually sustained by the Court, seemingly on the ground, that such must of necessity be held to be inferred, from the general scope of the Indictment. Much of the apparent obscurity in such matters, however, may arise, from the brief manner in which these circumstances are recorded in the Books of Adjournal.

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