fubftitutis to our fouerane lordis Aduocattis, and producet to my Lord Juftice his Maiefteis Warrand; quhilk the Juftice caufit be oppinlie red in Judgement, and ordanit the samyn to be insert in the buikis of Adiornall; quhairof the tennour followis. JAMES R. WHEARAS, in our Juftice-Court, held at Lynlythgow, the tenth of Januare lastbypast, Mr Johnne Forbes, &c. war convicted of the cryme of Treffone, for pair contemptuous and treffonable declyneing pe Judgement of us and pe lordis of our Secreit Counfall, fimpliciter, be a declinatour fubferyuit with pair handis, and gevin in be pame, in Judgement, befoir the faidis Lordis of our Counfall; as in the faid proces of Convictioune at mair lenth is contenit: And pe pronunceatiovn of the Dome being by our Juftice, vpone grave and wechtie respectis continewit, till our farder plefour war knawin pairiu, We now confidering pe grit infolence of that proud contempt, and quhat dangerus exampill it micht be, if it fonld pas vnpwneifched, haveing, in our accustomed lanity, gevin to thaife declared Tratouris moir pan fufficient tyme to haif implored and maid humble fute for our mercie; zit, finding in thame nathing bot a continwing obdured obftinacie and wilfulnes, without likliehoid or appeirance of refipifcence and repentance in thame, for pair former committed foleis: And albeit pe gritnes of pair offence, and fpeciallie in men of that functioun (quhais lyves fould be lanternes and lichtis to vperis, to cary thame felvis in all deutie and obedience, and pairfoir pair ouerfightis requyreing pe moir feveir animaduerfioun and pwneifchment,) hath most iuftlie demereited the extremitie of the regour to be inflicted vpone thame, for ane exampill to affray all vperis to attempt pe lyk; zitt, becaus heirtofoir that Law haith nevir bene putt to executioun, quhairby fum men may perhaps pretend that pai had pe moir probabill ignorance pairof, (albeit in reafone the fame can be no excufe,) We haif with our wounted clemency, vpone that refpect only, fpared to inflict the rigour of the Law, at pis tyme: It being our Will and pleafour, that our Juftice or his depute fould fence and affix a Juftice Court, to be held at Lynlythgow, or ony vper pairt elfe that our Counfall fall think expedient, the xxiij day of October nixtocum, and pair cause Dome to be gevin out against the saidis traytouris, to be BANISCHED all our dominiones, during all pe dayis of pair naturall lyves; vnder pane of daeth: And pe Dome being pronunced, oure Will and plesour is, that pai be returned to pair wairdis, thair to remane for þe space of ane moneth, for making pair preparationes for pair depairtour; befoir pe expyreing quhairof, gif pai do nocht depairt, wind and wedder ferveing, oure Will and pleafour is, that pe ordinarie death vfuallie inflicted vpone Traytouris be directed to be execute vpone thame: And gif pai fàll nocht depairte within pe faid space, or being depairtit, fall returne into oure dominiones, without our License, thay fall incur pe pane of death, and all vper panes dew to perfones convict of Treffone. Quhairanent thefe prefentis fall be to our faid Juftice a fufficient Warrand. AND becaus this our fpare dealing and grit clemencie, extendit towardis thofe aboue named offendouris, in this thair fo haynous a cryme and offence, may perhappes move in fum vtheris fum prefumptioun to think, that for trefpaffis of this qualitie no gritter rigour will be heireftir vfed: ffor removeing of which pair foolische opinione and conceate, and that everie ane may haif notice of our full determinatioun in any fuche lyk cafe heireftir, Oure Will and pleafour is, that in our faid Justice Court, to be keipit pe faid day, for pronunceing of pe faid Dome, speciall intimatioun be maid, in open Court, by our faid Juftice, to all our leigis pair prefent, that it is our refolutioun, that gif any heirefter fall offend, in fuch a heich trefpas, that pai fall be proceidit against with all feueritie; and that the death dew vnto Traytouris fall be inflicted vpone thame with all rigour; the example of this our prefent lenitie at pis tyme, nevir remayning any motiue to induce ws to fchaw any fuch clemencie to fuch as fall commit pe lyk offence heireftir: And our will is, that pir prefentis be recoirdit in the buikis of Adiornall, and that publicatioun be maid heirof at the mercait croce of Edinburghe, and all vper places neidfull. GEVIN at our Court of Hamptone Court, the xxvj day of September, 1606. Accoirding to the quhilk Warrand, the faid Juftice-depute, be the mouth of Henrie Wilfoune, dempfter of Court, pronuncet dome, and decernit and ordanit the faidis perfones to be Banifchet all our fouerane lordis dominiones, during all the dayis of thair naturall lyves: And ordanis thame to returne to thair wairdis, thairin to remane for the space of ane monethe, for making of thair preparatioun for thair depairtour; befoir the expyreing quhairof, gif thay depairt nocht, wynd and wedder ferving, the faid Juflice-depute, accoirding to the faid Warrand, decernis and ordanis the ordinarie daeth vfuallie inflictit vpone perfones convict of Treffone to be execute vpone thame: And gif they fall nocht depairt within the said space, or being depairtit, fall returne within his hienes dominiones without his Maiefteis Licence, decernis and ordanis thame, accoirding to the faid Warrand, to incur the pane of daeth, and all vther panes vfuallie inflictit vpone perfones convict of Treffone: Quhilk was pronuncet for dome. [Mr Williame Hairt of Preftoune, Juflice-Depute.] Murder of the Warden of the West Marches. 6 [THE Clan or Name' of ARMSTRONG was perhaps the most distinguished of the warlike Thieves of the Scotish Border, having possession of the largest portion of Liddisdale and the Debateable Land. For the exploits of many individuals of this name, reference may be had to the Works of Sir Walter Scott, and especially to the Introduction to the Border Minstrelsy, and the Notices prefixed to Johnie Armstrang' and Kinmont Willie,' &c. The almost unparalleled act of bravery of the LAIRD OF BUCCLEUCH, who achieved the deliverance of Kinmont Will from the Castle of Carlisle, in April 1596, has been adverted to in a former part of this Collection. A very interesting Relation' of this remarkable feat, taken from a contemporary MS., is also given in the Minstrelsy, which the reader will find well worthy of perusal. This event is likewise narrated in the Anonymous History of Scotland, already quoted; and as his Narrative is very brief, it has been thought proper to preserve a transcript here. Now Auld WILL ARMISTRANG of Kenmont being tane be Inglis men, and is wairdit in the Caftell of Cairleill, within ane ftrait priffoune, and yrnifs on him; and being to thoill the tryall of the Law, knew perfytlie that thair was no faifty for him. He vrittis in Scotland to his freindis, to fie gif thay culd mak him releiff. Quhairupoun THE LAIRD OF BALCLEWCH paft within thrie fcoir tenne horfe to the faidis Caftell, and with ladderis clam the fame, and brak the priffoune; and bringand the faid Williame Kinmwnt hame with him, he cauffit blaw his trumpett and cry fum flughorns,5 puttis the toune and cuntry in fic ane fray, that nene durft stirr: Quhairby, he brocht the faid Will Kinmont away, but ane ftraik, to the grit honour of his cuntry. This wes done the fext day of Apryill, 1596.' The Murder of SIR JOHN CARMICHAEL, knight, the Warden of the West Marches, sealed the fate of many of the Armstrongs, and led to the adoption of measures of the utmost severity against all those of the name who were thereafter convicted, or even suspected, of mal-practices. On Nov. 14, 1601, Thomas Armstrang, fone to Sandeis Ringane,' was convicted for being accessory to this barbarous act of butchery, and is the first instance on record, in Scotland, of a criminal having been hung in chains. The above mentioned Anonymous Historians narrates the event very quaintly, in the following terms. Now the Bordouris being werry euill brokin, thair war dyuerfe Reidis9 in all fydis, bayth be Scotland 1 Vol. I. pp. 363–365. Library, A. 4. 35. pp. 450, 451, and 452. 8 MS. Advocates' Library. See Scott's Poetical Works, 8vo. 1821, Vol. I. MS. Advocates' 7 See Vol. II. and Ingland; and THE ERLL OF ANGOUS, heaffand gewin the famin owir, quha wes Wardane, the King makis THE Laird off CarMICHALL Wardane; quba, finding the Airmiftrayngis to be the gritteft occafioune of the trubbillis, wes myndfull to pvneife fum of thame, quba wes notorius theiffis; and thay heaffing intelligenfe thairoff, fendis to him ane broder of auld Williame Airmiftrayngis of Kenmunt, quha wes callit Alexander Airmistrayng, alias Sandeis Ringand. This Ringane being in his cumpany, and entiring in conferance with the Wardanis, ffindis that thair wes na frendschip to be luikit for at his handis; and also, thair wes fum young menne with the Wardane, quha begane to mok this Ringan, be fteilling out of his fuord, and putting 3okis of egis in the skabert, quhairby the famin wald not draw; quhilk he perfaiffing, faid, that " he awowit to God, that thai fuld fie his fuord outt, and (if) he and thay vent on the grond quhair he mycht be pairtie !" And cuming hame to his awin hous, in this readge, fayis to his fonnis, that he wes" maid schame of fom," awowing to God, “ to be equall with the famin!" And knawing THE WARDANE to ryd on the morne, he and his fonis fettis for him with fum wtheris, and flayis him be the fchott of ane hagbutt. And thaireftir, for the famin caus, this Ringane and his fonis wer tane and executt to deith, as Tratouris to his Maiefty, be putting handis in the Kingis Wardane. This was done the 16 day of Junij, yeiris 1600.' Sir Walter Scott supposes the well-known verses, Armstrong's Good Night,' to have been composed by Thomas Armstrong, who is called by him Ringan's Tam,' previous to his execution, Nov. 14, 1601. The reader is referred to the Minstrelsy for the exploits of the Armstrongs, and of other Worthies of the Scotish Border, whose names frequently occur in the Criminal Records.] Feb. 13.-ALEXANDER AIRMESTRANG, callit Sandie of Rowaneburne. Dilatit and accufet be Johnne Commendater of Halyruidhous, fone-in-law to vmqle Sir Johnne Carmichell of that Ilk, knycht. FORSAMEKILL as he, accumpaneit with Thom Airmftrang, fone to Sandeis Ringane, the faid Ringane and vtheris, his fonis and complices, to the number of sewintene perfonis, or thairby, commoune thewis and tratouris, the maist pairt being on horfbak, and he on fute; came all bodin in feir of weir, with hagbuttis and piftolettis, lance-ftalffis and vtheris wappinnis, invafiue, to the Murthumleis; quhair thai, in the moneth of Junij, I".Vjc., altogidder confultit and dewyfit the crewall and treasonabill Slauchter of the said vmq' SIR JOHNNE CARMICHELL of that Ilk, knycht, WARDEN OF THE WEST MARCHES ;3 and for performance thairof, past fra Murthumleis to Coloneheid, quhair he and his complices lay att wait for the faid vmql Sir Johnne paffing by to ane Court; and as he wes, in fobir and quyet maner, passand by to the faid Court, vpone the . . . . day of the faid moneth of Junij, quhilk wes to be hauldin in Lochmabene, he and his complices fett vpoune him att the Raeknowis, quhair, with schottis of hagbuttis and piftolettis, thay schot him throw the body, and crewallie flew and murdreift the faid vmq Sir Johnne Carmichell, being his Maiefteis Wardene for the tyme: And the faid Alexander Armstrang wes airt and pairt of the said Where he might avenge his own quarrel. 2 See Vol. II. p. 363, where he was sentenced to be hangit vp in irne-cheinis,' after having his right hand struck off. 3 Robert Birrel gives the following notice, in his Diary, Jul. 11, 1600. The Laird of Carmichael bureit; quha was flaine be the Armitrangis and Carliles, he doing and executing his office of Wardanrie, vpone the 16 of Junij befoir.' VOL. II. 3 S crewall and treffonabill Murthour, he being than vpoun the ground with his complices, att the committing of the faid vngodlie fact: To the takin' he confeft the famin be his depofitiounis; lyke as, he, be Depofitioun, declarit him felff to be innocent of ony vther haynous crymes, except the foirfaid innocent Slauchter of the faid vmqle Sir Johnne; quhilk he declairit he wes brocht vpoun aganis his will. ITEM, for commoun Thift, commoun Reffett of thift, inputting and outputting of thift, fra land to land, fra countrey to countrey, baith of auld and new. PERSEWER, My Lord (Johnne Commendater' of) Halyrudhous. ges of Edinburghe, Michell Adamefoun, flefcheour in Williame Mow, hatt-maker thair, fardell, Rt Johnneftounne, burges of Ed, Allane Cathcart, ftaibler thair, Vthrid Mcdouell of Mondurk, Robert Dalzell, Yr of that Ilk, .. Hunter of Polmude, James Johnneftoune or Waftraw, Jon Steill, fumtyme of Houftoune. VERDICT. The Affyfe, be the mouth of the said James Johnneftoune, chanceller, ffand, pronunceit and declarit the faid Alexander Armstrang to be ffylit, culpabill and convict of airt and pairt of the crewall Slauchter and Murthour of the faid vmqle Sir Johne Carmichell, conforme to his Depofitiounis. And als, to be ffylit, culpabill and convict of commoune thift, commoune reffett of thift. SENTENCE. To be tane to the mercat croce of Edinburghe, and thair to be hangit vpoune ane gybet quhill he wes deid; and all his movabill guidis to be efcheit and inbrocht to our fouerane lordis vse, for the faid crymis. Slaughter-Shooting Hagbuts, &c. Feb. 21.-ADAME BROUNFEILD, in Gordone maynes. Dilaitit for airt and pairt of the fellone and crewall Slauchter of vmqle Thomas Cranstoun; committit vpone the xxij day of July, the yeir of God Im.Ve. fourfcoir fyftene yeiris, within the boundis of the landis of Morieftoun, at that pairt thairof callit the Kame, be the schot of ane hagbut throw his body; vpone fet purpois, prouifioun and foirthocht fellony. PERSEWER, Johnne Cranstoune, as brother. PRELOCUTOURIS in perfute, Sir Johnne Cranstoune of that Ilk, Mr Thomas Cranftoune. PRELOCUTOURIS for the pannell, Mr Williame Oliphant, Aduocat, James Brounfeild of Nether Maynes. It is allegit be the pannell, that he can nocht be put to the knawlege of ane Affyfe, vpone this Dittay, and crymes contenit thairin; becaus the Kingis Maieftie hes grantit his Remiffioune, vnder the Grit Seill.3-It is anfuerit be the perfewer, that this Remiffioune, anent the tyme of the committing of the said (flauchter) lybellit, meittis nocht the tyme specifeit in the Dittay.* 1 In token or testimony whereof. 1594, commiff.' 2 Sic. 3 Apud Edin. Dec. 20, 1605. • "In menfe .. THE Justice admittis the Remiffioune producet. It is allegit be the perfewer, that the Remiffioun vfet be the pannell, is contrair to the Act of Parliament, ordaning na Remiffioune to be grantit, without fatisfactioune of pairtie, and productioune of ane Letter of Slanes, vtherwayis to be null.-Anfuerit, the alledgeance aucht to be repellit, in respect of the Remiffioune; and offeris cautioune to fatisfie the pairtie, conforme to the Lawis of this realme.—James Brounfeild in Nether-maynes, Johnne Brounfeild in Gordone-maines and the faid Adame (become) cautioune, coniunctlie and feuerallie, for fatisfactione of pairtie, &c. Slaughter — Shooting Hagbuts and Pistolets. Feb. 25.-HEW CAMPBELL in Mauchline, fone to vmqle Thomas Com mendator of Halywoid. Dilaitit of airt and pairt of the fellone and crewall Slauchter of vmqle Johnne Glencorfe of that Ilk, be fchottis of hagbutis and piftolettis; committit vpone the xiv day of September, the yeir of God 1581 yeiris, vpone the ground and landis of Gribtoune; vpone fet purpois, prouifioun and foirthocht fellonie. PERSEWERIS, Iffobell Glencorfe, fifter; Robert Glencorfe, neir kynfman. Tuik him to our fouerane lordis Remiffioune, for the faid cryme. (Apud Edinburgh, Feb. 14, 1606.') Williame Campbell in Grienock-maynes, Alexander Nifbet of Greneholme, and the faid Hew, become cautioune and fouertie, coniunctlie and feuerallie, to satisfie the pairtie, as law will. Slaughter. Feb. 26. WILLIAME MCINTOSCHE, fone to the Laird of McIntofche; Dilaitit of airt and pairt of the flauchter of vmqle Alexander Anderfoune in Balnaglak and vmqle Johnne Barrone thair. PERSEWER, Johnne Elphingstoune of Balnaglak, as neir kynfman to the faidis vmqle perfones. The faid Johnne Elphinstoune, perfewar, for himself, and takand the burding on him for Thomas Anderfoun, brother to vmqle Alexander Anderfoune, paft fra the perfute of the perfones on pannell, pro loco et tempore. Lauchlane M'intofche of Dynnachten becomes fouertie for the entrie of the perfones on pannell, the thrid day of the air (of Inuernefe,') or foner, vpone xv dayis wairning; vnder the panes contenit in the Actis of Parliament. |