Adulterating and Uttering Base Coins, &c. Dec. 15.-ALLANE NAPER, culteller in Glefgw. Dilatit ffor the treffonable gilting of tuenty fevin fals aucht-merk and fouremerk peces, of the number of threfcoir fals aucht-merk and four-merk peces; quhilkis war fend to him to his duelling-hous in Glefgow, be . . . . . Campbell of Glenlyell, about tua yeir fyne or thairby; togidder with tua licht angellnobillis, and that with Donald M'nair, ferveand to the faid. . . . . Campbell of Glenlyell. . . VERDICT. The Affife, be the mouth of James Hoppringill of Quhytebank, chanceler, ffand, pronunceit and declairit the said Allane Naper to be ffylit, culpable and convict of the crymes aboue writtin: and that, in respect of his awin Confeffioun maid in jugement, and of his cumming in the Kingis Maiefteis will thairfoir. SENTENCE. To be tane to the Caftell-hill of Edinburghe, and thair to be wirreit at ane ftaik, and his body brint in affis; and all his moveabill guidis to be efcheit, &c. Slaughter. Jan. 4, 1603.-WILLIAME WAUCHOPF, brother to vmq1 Archibald Wauchope of Nydrie.' Dilatit of airt and pairt of the Slauchter of vmq Dauid Edmefloun of the Wowmett, committit in the moneth of . . . . . PERSEWERIS, Aliefone Home, relict of the faid vmqle Dauid, Ewfame Edmeftoune, fifter. PRELOQUUTOURIS, Dauid Home of Rowiestoune, George Home brether to the faid Aliefoune. PRELOCUTOURIS for the pannell, Mr Laurence Mcgill, Mr George Wauchope. The pannell takis inftrumentis, that nane compeir to infist in his perfute, bot the partie. It is allegit be Williame Wauchope that this matter can nocht pafs to the knawledge of ane Affyfe, nor that the partie hes na entreis to perfew, bot reffauit ane Affythment.-Anfuerit that thair is na thing produceit to verifie. THE JUSTICE repellis, in respect nathing is producet to verifie. It is forder allegit that this matter can nocht pas to ane Affyfe, in respect his Maieftie hes remittit the famyn, be his fpeciall Letter of grace, quhilk is produceit, blank in the dait, and fubferyuit be his Maiefteis allanerlie.-It is anfuerit be the perfewer, that this Letter is only ane Letter, blank, finisteruflie purcheft, contrair the Act of Parliament, vndaittit, vncomponit be the Thefaurer, and fubfcryuit only be his Maieftie; quhilk is nocht fufficient of the law. It is 1 See Feb. 2, 1603. solatium for the Slaughter. A fine or compensation made to the relations of the party slain, as a declairit be the defender, that he cumis in his Maiefteis Will, baith concerning the fact and the imperfectiones of the Letter. The parteis produceit ane Letter, fubfcryuit be his Maieftie, commanding the Justice to proceid and minifter Justice, and put him to the knawledge of ane Affyfe, for Slauchter and beiring of piftolettis. THE JUSTICE continewis this mater to Thurifday nixt; and wairnit the Affyfe, apud acta, to the faid day.—(Jan. 6.)—' DESERT.' Importing and Uttering Base Coin. Jan. 13.-ALEXANDER THOMESOUN, mariner in Borrestounes. Dilatit, accufit and perfewit for the treffonable hame-bringing of fourfcoir fax falfe merk-peices furth of the realme of Ingland to Scotland; and for the treffonabill out-putting of fex of them to. . . . . Gray, Baillie in Eyemouth; committit in the moneth of Januare inftant. VERDICT. The Affyis, be the mouth of Dauid Home of Rowistoun, chancellar, ffand, pronuncet and declaret the faidis Alexander Thomefone to be ffylet, culpable and convict. SENTENCE. To be tane to the mercat croce of Edinburghie, and thair to be hangit vpone ane gibbet, quhill he be deid; and his guidis, geir, landis, heritageis and poffeffiones, gif he ony hes, to be fforfalt and escheit, &c. As alfo, ordanit the faidis fourfcoir fax falfe merk-peices, quhilkis war produceit in jugement, to be meltit and diftroyit at the faid croce. Murder-Theft, Jan. 20. JOHNNE RAMSAY, fumtyme in Meluill mylne. Dilatit of the crewall Murthour and Slauchter of vmqle James Roife, fumtyme thefaurer and burges of Edinburghe; committit vnder filence and clud of nycht, vpone the auchtene day of September, I".Vj°. and ane yeiris; and thifteous Steilling and away-taking fra the faid James, of his horfe, cloik and purse, at the tyme foirfaid. VERDICT. The Affyis, be the mouth of Dauid Fairlie merchand, chancillar, ffand, pronunceit and declairit the faid Johne Ramsay to be ffylet, culpable and convict of the faidis crymes. SENTENCE. To be tane to ane gibbet, befyde the corfe of Edinburghe, and thair to be hangit quhill he be deid: And thaireftir, his heid to be strukkin fra his body, and put on the Nether-boll of Edinburghe; and the remanent his memberis to be vfet at his Maiefteis directioun, and his haill moveabill guidis to be efcheit, &c. Hamesucken—Rapt, Ravishing and Forcing. June 21.-HENRIE SINCLER of Quhytkirk. Dilaittit, accufet and persewit at the inftance of Mr Tho. Hammiltoune of Monkland, aduocat to our fouerane lord, for his hienes entreis, of the crymes following, viz. FORSAMEKILL as the faid Henrie, being accumpaneit with James Hepburne, ferveand for the tyme to the Laird of Roifling, Andro Anderfone, and vtheris thair complices, with convocatioune of our fouerane lordis leigis, to the number of aucht perfones or thairby, all bodin in feir of weir, with fwoirdis, fecreitis, fteil-bonettis, &c. laitlie, in the moneth of December, I".Vj°. yeiris, come be way of Hamefukkin, vnder filence and clud of nicht, to vmqle George Carkettillis duelling hous of the Monkrig, quhair Margaret Carkettill, now spous to Archibald Hammiltoune of Bairfute, was, in fober and quyet maner for the tyme, takand the nichtis reft; and thair brak the faid hous, enterit within the samyn, and put violent handis in the faid Margaret, had and raveischet hir away with thame perforce; and convoyit hir away to the place of Merkill; quhair the faid James forcet and abuiset her body: And thaireftir, tranfpoirtit hir to the place of Qubitekirk, qubair scho was detenit all the nicht captiue and priffoner, and keipit and detenit bir in captiuitie with the faid Henrie and remanent perfones foirfaidis, be the space of aucht dayis thaireftir, or thairby; fcho being our fouerane lordis frie leige; vfurpand thairby his hienes auctoritie vpone thame: And fua, the faid Henrie was airt and pairt, red and counfall of the taking of the faid Margaret, and of the Rapt and Raveifching of hir, and keiping of hir in captiuitie; fcho being his hienes frie leige; and of the fforceing and abufing of hir body, to the greit contempt of our fouerane lord, his hienes auctoritie and lawis: At the leift, of Reffetting of hir, in maner foirfaid. Comperit, Johne Home, Conftable of the Castle of Edinburgh, and takis inftrumentis of the entrie of the pannell. Sir Johne Ker of Spylaw, Stevin Bruntfield of Gryndlawdene, (Feuars and burgesses, excepting ASSISA. Henrie Lauder, in Dunbar, Adam Scott, brother to the Laird of Dryop, Adam Hepburne of Bonhard, James Henderfone of Drydane, Mr Thomas Levingftoune, fone to the Laird of Hayning.') The faid Henrie denyit the Dittay, and ewerie poynt thairof. The Aduocat alledgeit that the faid Henrie could nocht deny the Reffett. VERDICT. The Affyis, be the mouth of the faid Adam Hepburne, chanceller, in respect na pairtie compeirit to fweir the Dittay, nor that nathing wes producet be our fouerane lordis Aduocat for verifeing thairof, ffand, pronuncet and declairit the faid Henrie to be Clene, innocent and acquyte of the haill poyntis of Dittay aboue specifeit. Quhairvpone the faid Henrie Sincler afkit inftrumentis. High Treason—Toom pronounced upon the Bead Body of a suspected Traitor, produced at the Bar of the Court. Jan. 31.-FRANCES MOUBRAY, deceased, (fon to the Laird of Barnbowgall.) [THE Case of FRANCIS MOWBRAY may, perhaps, be considered as one of the most extraordinary of its kind, in the whole range of the Criminal Records of this or of any other country. There is something monstrous in the idea of wreaking vengeance on the lifeless remains, even of the most atro cious criminals; but in the present instance, the victim had only been imprisoned in the Castle of Edinburgh, on vehement suspicion of Treason; and, in his endeavour to effect an escape, he was precipitated over the rocks, and killed. The production of the mangled body of the suspected criminal, at the bar of the Supreme Criminal Tribunal of the country, and the subsequent sentence of Forfeiture, however repugnant to modern ideas and to every proper feeling, were by no means, in themselves, solitary examples of such procedure, in cases of High Treason. To avoid repetition, reference is made to a Notice prefixed to the Forfeiture of Logan of Restalrig, (see Vol. II. p. 276,) for several illustrations of a similar nature. In addition to these instances, it may be noticed, that Robertson, in his History of Scotland, observes, that after the battle of Corrichie, the dead body of the Earl of Huntly was presented in Parliament, before sentence of Forfeiture was pronounced against him; and other cases might easily be mentioned. In order to arrive at the facts of this case of Francis Mowbray, which are of themselves of considerable historical importance, the Editor found it necessary to institute an examination of various contemporary Historics and MSS. preserved in the Advocates' Library. The most accurate account of Mowbray's Treason, however, is detailed by Archbishop Spotswood, (p. 471,) in the following brief passage. About the fame time, the King had intelligence given him, that one FRANCIS MOWBRAY, fon to the Laird of Barnebowgall, who had lived a while in the Infant's Court at Bruxells, had undertaken to kill him. This brake out firft at London, by an Italian, a fencer, whofe name was Daniel; which coming to the Queen's ears, the commanded Sir Robert Cecill, her secretary, to call the perfons (for they were both in the city) and examine them. The Italian abode by his fpeeches. Mowbray denied, and offered to prove him a liar, in combat; which the other accepted. Both being fent into Scotland, they were tried (examined) firft feverally, then confronted before certain of the Council. The Italian produced witneffes, who verified all that he had deponed: Whereupon Mowbray was committed to the Caftle of Edinburgh; where, feeking to escape by night, at a window of the chamber where he was detained, the theets proving too fhort, by which he thought to defcend, he fell from a great precipice; and was found, the next morning, dead, at the foot of the rock. The corps was the fame day, being the laft of January, prefented to the Juftice, and Sentence of Forfeiture pronounced against him; his body hanged for a space upon the gibbet, and afterwards quartered, and affixed to the gates and moft open places of the town. His friends (for he was well born, and a proper young gentleman) gave out, that he had been strangled, and his corps thrown down at the window. But this carried no appearance, and was believed of few.'1 From the various Collections of State Papers of this period, we find, that King James was kept in constant alarm, from the incessant machinations of British as well as Foreign Papists and Jesuits; and, owing to many previous communications from the English Court, advertising the King of the certainty of such attempts being on the eve of execution, his Majefty had probably considered it necessary to make very severe examples of the first plotters who should be detected. These Popish plots were in constant agitation, until the remarkable discovery of the Gun-Powder Treason, Nov. 5, 1605. Calderwood records one instance, in his MS. Church History, not mentioned by other historians, where the King certainly acted with unwonted lenity, no doubt in consequence of Instructions from Queen Elizabeth. It is thus briefly told. • About the end of April (1602,) ane English gentleman addressed himself to Court; and got presence of the King, upon the last of Aprile ; and conferred with him a little space, in Dumfermline. Therafter, he went to his lodging. He flew 1 Robert Birrell gives the following account of this monstrous proceeding. The 3d of Januar, Francis Mowbray brake ward out of the Castell; and he fell owir the wall and brake his craige. Thairefter he was traillit to the gallows and hangit; and thairefter was quarterit, and his heid and four quarteris put one the four Portis.'--Diary, p. 57. James Chamers, one of the Kingis fervants, and hurt the barber that was peling his head, before they were aware. He was apprehended and putt in the Tolbooth of Dumfermline. He cryed like a mad "The hour! The hour! The King !" &c. Being examined, he confeffed that he and ane Italian fould have flaine the King. As is reported, he was transported to the Caftle of Edinburgh, and keeped in the irones; but within a quarter of a year was fett at liberty. It was reported that the King thought not much of the matter, but tooke the man to be fome what distracted in his witts.' man, Without further remarks, the remaining Papers which have been collected are appended, and left for the reader's deliberate consideration.] THE JUSTICE ordanit his Maiefteis Precept to be infert and registrat in the buikis of Adiornall. REX, JUSTICE, Juftice clerk and 3our deputis, We greit 30w weill. Forfamekill as vmqle Frances Mowbray, being accufet of maift heich, horrible and deteftable poyntis of Treffone and Lefmaieftie, aganis us, our perfone and Eftait, and for pe famyn, committit to waird within our Caftell of Edinburgh ; and the famyn being fufficientlie verifeit be pe Depofitiones of twa or thre witneffis, and pe tryell pairof fa cleir, pat pair remanit na obfcuritie of pe fame. The faid vmqle Francis, obduret in mynd, and to all appearance seducet be Sathan, quha was the first motioner of theis his devillische interpryses, hes, vpone intentioun to efcaip furth of our waird, procuret his awin miferable and schamefull death; and hes maid his giltines (be his breck of waird) mair nottour and manifeft. It is our will heirfoir, that ze caufe give dome and fentence aganis him, to be demaynit, quarterit and hangit; and his heid and quarteris to be put vpoune pe maist publict pairtis and places of our burghe of Edinburghe; as ane quha is giltie of pe faidis crymes. And pat 3e direct pe officiaris (to quhome pe executioun of theis turnes belang) to do pe fame, with all pe formes accuftomet in fic caiffis : Quhairanent pir prefentis fall be 3our Warrand. Subferyuit with our hand, att Halyrudhous, pe laft day of Januare, 1603. (Sic fubfcribitur) JAMES R. MONTROIS, CANRIUS. MAR. HEREIS. HALYrudhous. SR G. HOME, THER. JO. PRESTOUN. M. T. HAMMILTOUNE. SENTENCE. According to the quhilk Precept, and for obedience thairof, the Justice, be the mouth of Walter Peirie, dempftar, decernit and ordanit the said vmqle Frances Moubray, now prefentit on pannell, to be demanit as ane tratour, as eftir followis: That is to fay, To be hangit be the craig vpoune ane gibbet, befyde the mercat-croce of Edinburgh, and his body to be quarterit; and his heid, ane leg and ane airme to be put vp aboue the Nether-boll, ane elne aboue the reft; and ane vther leg to be hung on the West-poirt of Edinburgh, and ane vther airme to be hungin vpoun the Potter-raw-poirt: And all his landis, heritageis, takis, fteidingis, rowmes, poffeffiones, coirnes, cattell, guides and geir to be ffoirfalt and inbrocht to our fouerane lordis vfe, as giltie of the faidis treffonabill crymes. Quhilk wes pronuncet for dome. PAPERS illustrative of MoWBRAY'S TREASON, 1. EXTRACTS from Calderwood's MS. Church History. (Oct. 1602.)-IN October, the King was advertised, out of England, of a Confpiracie. Ane Italian, who had been in this countrie eight years, alledged upon FRANCIS MOWBRAY, fone to the Laird of Barnbougall, that he folicited him to take part with him in cutting of the King, by poyfone or fome |