The faid Williame become in our fouerane lordis will; and the Juftice, ref faueand him in will, ordanit the said Williame to be Baneift this realme, during all the dayes of his lyffe; and to depairt furth thairof within aucht dayes eftir the dait heirof, and nocht to returne thairin vnder the payne of deid. And the faid Williame obleift himself to the effect foirfaid; vnder the payne to be hangit, but Affyfe. Barbarous Murder of a Tumb Young Man. Jun. 2.-WILLIAME Geikie Younger in Kethynnis. Dilatit for airt and pairt of the crewall Murthour and Slauchter of vmqle Patrik Cathrow, in Kethinnis ('ane dumb borne 3oung man'); committit vpoune the xx day of Februar lastbypast. PERSEWARIS. Dauid Cathrow, myller at the mylne of Kethinnis, fader-bother to the defunct; Mr Thos Hammiltoune. PRELOQUUTOUR for the pannel, Mr Williame Oliphant (advocate.) DITTAY against the Pannell. FORSAMEKILL as he, with his complices, being bodin with ane grit fting or rung,3 laitlie, vpoune pe xx day of Februar, the 3eir of God Im.Vjc. ane 3eiris, haifing confauit ane deidlie hatrent, rancour and malice aganis pe faid vmqle Patrik, quha was ane fimpill, pure, dum 3oung man, fett vpoune him within pe toune of Cowper-in-Angus, quhair he wes in fober and quyet maner for pe tyme, doand his lefull effairis and buffines, traifting na ewill, harme, iniurie or perfuit of ony perfonis, bot to haif levit vnder Godis peax, and our fouerane lordis; and pair, crewallie invadit him for his flauchter, hurt and woundit him with pe faid rung on the face and neife, and brak pe girsell of his neife, to the effufioune of his blude in grit quantitie; and gaif him diuerse vperis bauch, blae and bludie ftraikis, vpoun his heid, bak, wambe and fchoilderis; Lyke as, the faid Williame Geikie, nocht being fatisfeit with pe crewaltie done to pe faid vmqle Patrik Cathrow, in day lycht; he, vpoune pe faid xx day of Februar, pe zeir of God foirfaid, vnder feylence and cloude of nycht, vmbefet pe hieway and paffage to pe faid vmqle Patrik, in the Rafche-myre, lyand betuix Cowper and Kethynis, as he was in fober and quyet maner passand on the hie way towardis the toune of Kethynis, to his faid faper-broperis duelling hous pair, dredand na harme or iniurie to haif bene done to him be pe faid Williame, in refpect of the bludie woundis gevin to him of befoir; and pair, of new, fett vpoune pe faid vmqle Patrik, and with ane rung, beft,5 ftraik and dang him vpoune pe heid, face, bak, fillettis and wambe, and brak his haill intrallis, that it was piteous to haif hard pe lamentabill routis and cryis of the pure dum man; and left him nocht, quhill' be pe faidis crewall ftraikis he flew and murdreift him, and left him deid vpoune pe ground: Committand pairbye crewall, schamefull and abhominabill Slauchter and Murthour, being ane dumb borne 3oung man, vnhabill to haif defendit him felff; vpoune fett purpois, provifioune and foirthocht fellonye. The Aduocat proteftis for Wilfull Errour, in cais thay acquit, in respect of the Dittay and taikinnis." 1 To be hanged without farther Trial. 2 This Dittay, it need hardly be observed, has been preserved here chiefly on account of the extraordinary nature of the case, and the remarkable phrases with which it abounds. 3 A large bludgeon or cudgel. 4 The gristle, cartilage, or flexible part of his nose; perhaps implying also the bridge.' 5 Beat, Old Fr. basté, basted. It may be beft,' baft, a synonymous word. 6 6 Bellowings, usually applied to the lowing of cattle, especially when impatient to be milked, or to be driven home in the evening. The kye stand routin' in the loan.' 7 Until. 8 Evidence, tokens, proof. VERDICT. Eftir accufatioune of the faid Williame, be Dittay, of the crymes aboue writtin, quhilk he alluterlie denyit, the Affyis, be the mouth of Sampfoune Ker, in Auchterhous, Chancellar, ffand the faid Williame Geikie to be Clene, innocent and acquit of airt and pairt of the crewall murthour and flauchter foirfaid, &c. Quhairvpoune the faid Williame Geikie afkit actis and inftrumentis.' Exercising the Office of Notary without lawful Warrant. Jun. 9.-WILLIAME NORVELL, fcole-maifter in Cokpen. Accufit and perfewit be Dittay, at the inftance of Mr Robert Lyntoune, fubftitute to our fouerane lordis aduocat, for the crymes following. DITTAY against the Pannel. FORSAMEKILL as, it is ftatute be the Actis of Parliament and lawis of this realme, that na maner of perfoune gif him self furth for ane Notour, or vse or exerce the office of Notarie, vnles thay be first prefentit be his Maiestie, be his hienes Letter of Prefentatioune directit to the Lordis of the Seffioune, and thaireftir admittit be the faidis Lordis to the faid office, efter tryell; and thair Prothogoll-buik fychtit and markit be the Clark of Register and his deputtis; and gif ony man prefwme to do in the contrair, to be pwneist to the death: As the faidis Actis of Parliament at mair lenth beiris. And trew it is, that the faid Williame Norvell hes vfit and exerceit the said office of Notarie, as ane ordinar Notar, in fyndrie deidis, fik as in Contractis, Obligatiounis, Seafingis, Requifitionis or Redemptionis; and generallie in all thingis, quhen he was requyrit, continewallie fen the moneth of November, the yeir of God I.Ve.lxxxv yeiris, to the day of his apprehenfioune; albeit it be of veritie, that he was never admittit to the faid office of Notarie; lyke as, he never had his Maiefteis Presentatioune direct to the faidis Lordis of Seffioune, for his admiffioune to the faid office; nather had he ane Prothogollbuik, markit be the Clark of Regifter or his deputtis, conforme to the ordinance prefcryuit be the faidis Actis of Parliament: Quhairin he hes falflie circumvenit and diffauit our fouerane lordis leigis, as ane false disfauear; geveing him selff furth to be ane Notour, he being nane: Quhairbye he hes incurrit the panis contenit in the faidis Actis of Parliament. VERDICT. The Affyis, be the mouth of Robert Smyth, merchand in Edinburgh, Chancellar, ffand the faid Williame to be ffylit, culpabill and convict of the faidis crymes. SENTENCE. To be tane to ane gibbet, standand vpoune the Castel-hill of Edinburgh, and thairvpoune to be hangit quhill he be deid; and all his movabill guidis to be efcheit, &c. Slaughter. Jun. 15.-JAMES CWNINGHAME of Glengarnok. Dilatit of art and part of the flauchter of vmq Williame Cwninghame, in Walzaird. 1 It is likely that the Lord Advocate abandoned his writ of Error against the Assise; at least no mention is made of the matter, in the Record. 2 See May 21, 1602. Although the former Assise had acquitted Norvell, yet the public prosecutor had set his seal upon him; and, in his next charge, crushed this ill-fated thief, adulterer, and fals notour.' PERSEWARIS, Katherine Crawfurd, the relict; Gabriell Cwninghame, as brother. The Laird of Cwninghameheid, the Laird of Craigance, Mr Thomas Hammiltoune. PRELOQUUTOURIS for the pannell. The Laird of Caprintoune, the Laird of Houftoune, the Laird of Blair, Williame Porterfeild of at Ilk, Mr Johne Scharp, Mr Williame Oliphant. The Juftice continewis this dyet to the morne, the xvj day of this inftant. (Plegio, Roberto Hammiltoune de Inchemauchan.) Jun. 16.-The perfewar afkis inftrumentis, that he is reddie to perfew, and will infift conforme to the cautioune fundin contrar the Lard of Glengarnok; and proteftis for releif of his cautionar.-The Aduocat declaris, that he will nocht infift in perfuit, becaus he hes na informatioune of the partie nor the Thefaurer. The pannell takis inftrumentis, that Gabriell Cwninghame and the preloquutouris infiftis in his perfuit. THE JUSTICE, being auifit with my Lord Chancellar and the rest of the Affeffouris, declaris, that vpoun occafioun moving thame, will nocht putt this mater to the knawledge of ane Affyis this day; bot continewis the famin to the thryd day of the nixt Justice-air of the fherefdome of Perth, or foner, vpoun (xv dayis warning.) The Laird of Glengarnok, prefent, takis inftrumentis, that the partie persewar, rafar of the letteris, hes comperit this day judiciallie, and offerit him reddie to perfew; lyke as, the faid Laird of Glengarnok, being enterit on pannell, offeris him to (abide) ane tryell, for the cryme lybellit, according to the law. Johnne Blair of that Ilk becomes pledge and fouirtie for James Cwninghame of Glengarnok, that he fall compeir, &c. Slaughter — Stouthreif. Jun. 24.-JOHNE MURE of Auchindrane.' Dilatit of airt and pairt of the flauchter of vmqle Sir Thomas Kennedie of Culzean, knyt: And of stouthreif" of his purse, worth ellevin fcoir rois-nobillis; fax dofoun of goldin buttownis; ane ryng of gold, contenand nyne dyamountis fet thairin; his fword, belt and quhingar; committit the xij day of May lastbypast. PERSEWARIS, Dame Elizabet McGill, the relict of vmqle Sir Thomas Kennedie of Cullane, knyt, James Kennedie as fone, Mr Thomas Hammiltoune of Drumcairne, Aduocat to our fouerane lord. PRELOQUUTOURIS for the pannell, the Laird of Langfchaw, the Laird of Rowallane,5 the Laird of Auchinlek, the Laird of Blair," Mr Williame Oliphant, Mr Johne Ruffell. The Laird of Langfchaw takis inftrumentis of the entrie of Johne Mure of Auchindrane; and protestis, that he be relevit, as cawtioune.-The perfewaris 1 See Jul. and Nov. 1608, Feb. 1609, and Jul. 1611. 2 Theft accompanied by violence. 3 A kind of short sword or hanger. Sir Niel Montgomery. 5 Mure. 6 James Boswell. John Blair of that Ilk. takis inftrumentis of the productioune of the letteris; and proteftis for releve of thair cawtioune. Compeirit Johne Maifter of Orknay, and produceit the Warrand vnderwrittin ; quhairof the tennour followis. REX, JUSTICE, Justice Clark and zour deputtis, We greit 30w hairtlie weill. Forfamekill as We, vnderstanding, that the xxiiij day of Junij inftant is appoyntit be vertew of our vperis Letteris, direct at pe inftance of Dame Elizabeth McGill, relict of vmqle Sir Thomas Kennedie of Culzeane, knyt, and James Kennedie, thair eldest lawfull fone, with concurrence of our Aduocat for our intres; for tryell of Johne Mure of Auchindrane, and certane vperis perfonis his complices, for pe crewall murthour and flauchter of pe faid vmqle Sir Thomas Kennedy; committit be pame in pe moneth of Maij lastbypast. And We, willing to be condinglie tryit, for pe pairt of pe faid Johne Mure of Auchindrane; and for better tryell pairof, neceffar it is, that the boy callit... .,1 quba was directit fra Mayboill to 2 pe faid Johne Mure of Auchindrane, as alfo the boy callit.. The faid Johne Mure of Auchindrane difaffentis to all continewatioun of this mater; and offerit him reddie to vnderly the law for the crymes aboue writtin. Sir Neill Montgomerie of Langfchaw become pledge and fouirtie for Johne Mure, that he fall compeir the thrid day of the nixt Justice-air of the Sherefdome of Air, or foner, vpoun xv days wairning. Theft — Shooting of Pistolets — Barbarously Burning a Woman on a red-hot ' Girdill,' &c. Jun. 29.-ALEXANDER ROWANE, fone to Nicoll Rowane of Sandiedub. Dilatit of certane crymes of thift, fchuting of piftolettis, and for burning of Katherine Huggoune, in the Burnefyde of Saling, vpoune ane girdill.* Comperit James Wynrahame, and produceit the Warrand vnderwrittin; quhairof the tennour followis. JUSTICE, Juftice Clark and 3oure deputis, and Aduocat, We greit 30w weill. Forfamekill as pe xxix day of pis inftant wes appointit and affignit to Alexander Rowane, for his perfonall comperance befoir 30w, to haif vnderlyne our lawis for certane odious crymes, att lenth specifeit in pe criminall 1 William Dalrymple. 2 There was only one boy. Dalrymple, however, had been prevailed on to change his name several times. This unfortunate youth was afterwards murdered on the Sands of Girvan, by the elder and younger Mures and James Bannatyne, under circumstances of peculiar atrocity. See Jul. 1611, &c. That Case is perhaps one of the most remarkable, in all its parts, of any one on record. 3 The Justice-air of the Sheriffdom of Ayr. A large circular piece of hammered iron, still in common use in Scotland, in place of an oven, for toasting oat-cakes, &c. letteris direct pairanent: Thairfore, and for findrie vper our wechtie occafiounes moving ws, especiallie, becaus oure Thefaurer, quha aucht to perfew in pat mater, will nocht be prefent, att pat day: It is our will pairfore, and We command 30w to continew the said dyett, vnto pe fyrst day of Julij nixt; and in þe meane tyme, that ze keip pe faid Alexander Rowane in fuir waird: As зе will anfuer to ws pairvpoune. Quhairanent thir prefentis falbe 3 our warrand. Subferyuit with our hand, att Perthe, the xxvij day of Junij, 1602. (Sic fubfcribitur) JAMES R. Jul. 1.-THE JUSTICE continewis the mater to the thrid day of July. PERSEWARIS. James Stewart, portioner of Sandiedub, Katherine Huggoune, at the Burnefyde of Sawling, Cristian Hammiltoune in Lynmylne, Mr Thomas Hammiltoune for his hienes intres, Mr Johne Gib. PRELOQUUTOURIS for the pannell, Mr Vmphra Blyndfcheillis, Mr Alexander Peblis. DITTAY against the Pannel. FORSAMEKILL as, the said Alexander, with his complices, in the moneth of Januar lastbypast, come to the landis of Overtoune of Pitvar, and thair thifteouslie ftall, concelit, reffett and away-tuke furth thairof, ane gray horfe pertening to Robert Tempilman thair. ITEM, for airt and pairt of the thifteous fteilling, conceling and away-taking of ane blak kow, fra James Inglis, in the Pow of Adie; committit in the moneth of Auguft or thairbye, the yeir of God Im.Ve.lxxxxviij yeiris. ITEM, for contravening of our fouerane lordis Actis of Parliament, in schuiting of ane piftulet, chargeit with twa bullettis, at the faid Criftian Hammiltoune, and schuting of hir throw the courschet1 thairwith; committit in the moneth of Auguft laft was. ITEM, fforfamekill as, he and his complices, in the moneth of December or thairbye, the yeir of God Im.Ve.lxxxxviij yeiris, come to Katherine Huggoune duelling-house, at the Burnefyde of Sawling, and thair put violent handis in hir perfoune, and sett hir bair erse vpoune ane reid hett2 girdill, ftandand vpoune ane ingill ;3 held her perforce thairon, quhill' ane grit pairt of the flefche of hir hipis was brunt. ITEM, for airt and pairt of the thifteous fteilling of certane blak aittis fra the faid James Stewart; committit in the moneth of Februar laft was. ITEM, for commoune thift and commoune reffett of thift. Jul. 3. The pannell takis inftrumentis, that thair is na perfounes compeiris to perfew, except the perfounes aboue writtin; and farther, that nather Johne Broune in Fairnyherft, James Gibfoune, Agnes Rowane, Johne and Thomas Hornes, compeiris nocht to perfew, nather to informe my Lord Aduocat.— Alledgeit for the pannell, that the burning of Katherine Huggoune is nocht relevant, and aucht nocht to be put to ane Affy is, because fcho was nocht brunt to the deid. The Aduocat anfuerit, that this being ane extraordinar and odious cryme, the attempting of it, and proceding to the verie executioun, be fetting of hir vpoune ane burning girdill, as conatus cum effectu, mereittis the deid," and aucht to pass to ane Affyis. THE JUSTICE ordanis this matter to be (put) to the knawledge of ane Affyis. The Aduocat takis inftrumentis of the swering of the Assyis; and also of the fweiring of that poynt of the Dittay concerning Criftian Hammiltoune, of schuting of hir with ane piftulet throw the hair of the heid: And further, of the 1 Often spelt courche, or curchey, a sort of cap or mutch, shaped to the head like a close hood, but the back part so formed as to descend on the shoulders, and a little over the ears. Old Fr. couvrechef. 2 Red-hot. 3 Fire. 4 Until. 5 The punishment of death. |