the fyrst pairt, anent the Commoune Thift, nawyis concernis the Affyis, bot the dittay foundit vpoun the Thift, Reffett of Thift and Stouthreiff, fpeciallie fett doun in the Dittay, in ewerie fpeciall poynt thairof, is fund relevant be my Lord Juftice; and the confideratioun of the relevancie of the famin, only pertenis to the Judge, and nawyis to the Affyis, quhais dewtie is only to try, declair and determine, gif the fact and deid contenit in the Dittay to haif bene done and committit be the Pannell; and gif thay be giltie thairof, thair giltienes of the quhilk Dittay being manifeft, be thair awin Depofitiounis, fubferyuit with thair handis and red in thair presens before the Affyis, thay nor nane of thame can pretend ony ignorance thairof: And quhair it is alledgeit, that it is nocht verifeit that the said James Wod is ane landit gentilman, that aucht to be repellit, in respect of the notorietie that he is eldest fone and apperand air to the Laird of Boningtoune, and fear of the faid lewing; as his fubfcriptioun of his awin Depofitioun, produceit, beris: Nether is it neceffar that the Aduocat, persewand for his Maiefteis interes, fal verifie, be writt or productioun of the pannellis euidentis, that he is ane landit gentilman; quhilk wer impoffibill, the writtis being in the defenderis awin handis; quhilk, poffiblie, can nocht be prefumit to be habill to be recoverit be the perfewar; bot in crymes of Treffoun, fyve yeiris poffeffioun of heretage, be the rebell, is loco tituli, and makis the rebell to be repute to haif bene heretabill proprietor of the faidis landis, and the heretabill rycht of the famin to befall to the King, be fforfaltour. And it is of veritie, that the defender hes poffeft the Landis of Birnie, as heretabill proprietour thairof, be the space foirfaid: in refpect of the notorietie quhairof, and of his awin affirmatioune foirfaid, it being manifest and notour that he is ane landit gentilman, and that he hes committit the haill crymes contenit in the dittay, as is cleirlie verifeit be the Depofitiounis produceit, and Latounis Confeffioun, and becuming in will; in caife that the Affyfe clange him of ony of the pointis libellit, proteftis for Wilfull errour aganis the faid Affyfouris, and all payne that can follow thairvpoune. As to the last pairt of the alledgeance, that the fader, to quhome the euidentis and geir pertenis, perfewis nocht, and that the fact is committit be his eldest fone and apperand air; anfueris, that albeit the partie grewit keipis fylence and perfew nocht, the Aduocat hes fufficient interes, be exprefs Act of Parliament, to perfew all crymes, without concurrence of the partie : Lykeas, the perfewar acceptis that pairt of the alledgeance, that the deid contenit in the Dittay is committit be the Laird of Boningtounis eldest fone, quhilk beris ane judiciall Confeffioun of the treffonabill fact contenit in the Dittay, and fand be interloquutour of the Judge to be ane treffonabill cryme.

It is anfuerit, that the Dittay and ewerie heid thairof aucht to be verifeit; and quhair it is alledgeit, that he man be prefewmit ane landit gentilman, becaus he

VOL. II.

2 x

fubfcryves ffear of Boningtoun,' that argument can work na thing, becaus na thing can mak ane man ffear, bot Chartour and feafing; and forder, gif that may verifie, ergo, it is confeft be the perfewar, that the euidentis tane away ar the defenderis awin proper rychtis, and fa can nocht be Thift: As to the Act of Parliament, the famin militatis na thing in this caice, ffor in the caice of the Act of Parliament, it is the cryme that makis the man tratour; and this cryme pe, et fua natura is na Treffoun, except it be committit be ane landit gentilman; quhilk man (must) be verifeit.

VERDICT of the Affife.

QUHILKIS perfounis of Affyis, being chofin, and the faid JAMES WOD, fear of Boningtoun, and WILLIAM WOD of Latoune, being accufit oppinlie in judgment, be reding of pe faid Dittay, &c., thay removit altogidder furth of Court, to the Counfal hous of the faid Tolbuith; quhair thay, being con venit, electit and chufe the faid James Rychardfoune of Smetoune Chancillar, and reafonit and votit vpoun the poyntis of the faid Dittay; and efter lang deliberatioun, being throwchlie auifit thairwith, thay reenterit agane in Court, and thair, be the mouth of the faid James Rychardfoune Chancillar, all in ane voce, ffand, pronunceit and declarit the faid Willame Wod of Latoune to be ffylit, culpabill and convict of the Dittay aboue writtin, and haill crymes thairin contenit; in refpect of his Depofitiounis, and that he become in his Maiefteis Will thairfore: AND als, the faid perfounes of Affyfe, for the maift pairt, be the mouth of the faid James Rychardfoun of Smetoun Chancillar, ffand, pronunceit and declarit the faid James Wod, ffear of Boningtoun (as ffear of Boningtoun, quhilk he confeft to, be his awin fubfcriptioune at his Depofitiounis) to be ffylit, culpabill and convict of airt and pairt of the thifteous breking of the Place of Boningtoune, entering thairin perforce, accumpaneit with the perfounes contenit in the said Dittay, and of opning of the haill duris and lokis of all the kiftis within the said Place; and speciallie, of the Chartour-kist, standing in the chalmer of daice of the faid Place, pertening to Patrik Wod of Boningtoun his fader; and of the thifteous fteilling, conceling, ftouthfullie reifing, reffetting and away-taking furth of the faid kift of the haill euidentis being thairin, and findrie vther writtis furth of ane vther kift, ftanding within the galrie of the faid place; and opning of the haill remanent cofferis and kiftis being within the faid place; and of the thifteous fteilling, stouthfullie reifing, reffetting and away-taking furth thairof, of nyne pair of fcheitis, foure burdclathis, twa dofone and twa feruiettis, ane pair of blankettis of fufteane, and ane piece of vnbleachit linning claith, pertening to the auld Laird of Boningtoune; and of ane coffer with euidentis, pertening to the Lady Vfane; com. mittit vpoun the xvj day of March inftant, vnder sylence and cloud of nycht.

Hary Stewart of Craigiehall and George Dowglas of Langnudrie, amerciat in pe pane of ane hundreth markis' each; for not appearing to haif past vpoun the faid Affyfe.'

SENTENCE. Apr. 1. THE quhilk day, JAMES WOD, fear of Boningtoune, and WILLIAME WOD of Latoune, being prefentit on pannell, to heir and fie dome pronunceit aganis thame, as thay that war lawfullie and ordourlie convict and fund guiltie, be ane Affyis, in ane Court of Jufticiarie, baldin in the Tolbuith of Edr the last day of Marche lastbypaft, be the faid Juftice-depute, of airt and pairt of the thifteous breking of the place of Boningtoune, &c. as at lenth is contenit in thair Convictionis: Thairfoir, the faid Justice-Depute, according to the tennour of the Act of Parliament, hes fund, be the Convic tioune of the faid James Wod, as feare of Boningtoune, and the faid Williame Wod of Latoune, be ane Affyis, of the crymes of thift foirfaidis, that thay and ather of thame hes incurrit the cryme and pane of Treffoune, viz. tynfall of lyffe, landis and guidis: ffor the quhilk caufe, he, be the mouth of Robert

Galbraith, dempftar of Court, hes Ordanit and Ordanis thame and ather of thame to be tane to ane gibbet, ftandand be-eift the mercat-croce of Ed, and thairvpoune to be hangit, quhill thay be deid:1 And all thair landis, heritageis, takis, fteddingis, rowmes, poffeffionis, coirnis, cattell, guidis and geir to be forfaltit and inbrocht to our fouerane lordis vfe, as convict of the faidis crymes.2

[Mr Williame Borthuik, Juftice-Depute.]

Breaking into the Place of Bonningtoun,Stealing Title Beeds, &c. Apr. 3.-THOMAS DAW, fmyth in Brechin, and Alexander Daw, fmyth, his brother, in Correstoune.

Dilatit of airt and pairt of the thifteous Steiling, conceling, reffetting and awaytaking of certain euidentis and writtis, with pleneiffing, furth of the Place of Bonningtoun;3 with certane pleneiffing, scheittis, blankettis and buirdclathis; and ane coffer, with writtis, pertening to the Lady Vfane.

The Aduocat takis inftrumentis of the Confeffioune of the pannell, of thair being at breking of the Place of Boningtoune; and that Thomas Daw gat thre crownis, and Alexander Daw gat ane croune, for thair panis : And protesting, gif the Affyis clenge, for Wilfull errour: Repeittis lykewyis the Depofitionis of Latoune and Boningtoune; quhilkis ar produceit to the Affyis.

VERDICT. The Affyis, be the mouth of Thomas Somervell, merchand in Ed', chancellar, ffand, pronunceit and declarit the faidis Thomas Daw and Alex' Daw to be ffylit, culpabill and convict of airt and pairt of the thifteous fteling, conceling, reffetting and away-taking of the faidis writtis and euidentis, &c.

May 7.-The Juftice-depute, be the mouth of Robert Galbraith, Dempftar, ordanit the faid ALEXANDER DAW to be tane to the gibbet on the Castlehill, and thairvpoun to be hangit quhill he be deid; and all his movabill guidis to be efcheit and inbrocht to our fouerane lordis vfe, as Convict of the faidis crymes.

1 It is probable that great interest was made for the young Laird of Bonningtoun. The sentence was not carried into execution till Apr. 27; under which date, Robert Birrell records as follows:'James Wood of Bonnytoun beheidit at the croffe, at 6 houres in the morneing, for breaking the Place of Bonnytoun, quhilk appartenit to hes father, and fould haif beine hes awen.'

2 Since the above was written, the Editor has found the following interesting notice :-UPON Mounday pe 27 of Aprile (1601), THE LAIRD OF BONYTOUN was beheaded at pe Croffe of Edinburgh, betwixt fix and fevin in the morning, be a Commiffion from the King, directed to pe Bailliffes of Edinburgh, tymously in the morning; for howbeit great interceffion was made be Huntly, Erroll, Hume, and operis, yett pe Minifters were inftant with the King, to have a proofe of his fincerity. He died ane obftinat Papift, ever looking for pardon till the laft gafp. He pretended he fuffered for the Roman Catholic Religion, but it was noe point of his Dyttay; only the fteeling of his father's evidences and writtes was layed to his charge. LATOUN gatt Remiffion, be pe moyen of Courtearis.'Calderwood's Church Hist. MS. Adv. Library. 3 In an abstract of their Dittay, which is inserted, it is stated, that they, accumpaneit with the Wodis,' &c. vnder fylence and cloude of nycht, come to pe Place of Boningtoune, and pair thifteouflie clam ye barnekyn wall with ane ladder,' &c. • Composed of merchandis' and burgeffis' of Edinburgh. 5 Birrell says, The 7 of Maij tua men wer hangit on the Caftell Hill, the ane callit Williame Crichtoun, for thift; and the uther, Alexander Smythe, dager-maker, for opining of the lockis to the Laird of Bonytoun,'

6

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, purcheft 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 bir 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 hienes 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 efcheit to our fouerane lordis vfe, fa fone as thay fall be fund gyltie and convict thairòf, or declarit fugitiue for the famyn, befoir the Justice-generall and his deputtis, or the lordis of his hienes 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 . . . . . lastbypast, fworne and fubfcryuit befoir the Prefbyterie of Ed' 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 Mr Alex' McQuhirrie, ane Jefueit Preift, within Andro Naperis duelling houfe in Ed; be the heiring quhairof, and affifting thairto, he hes profeft and fworne the contrair Religioune; and faa, hes committit the cryme of Periurie, and incurrit the pane thairof abouewrittin, contenit in the faid Act of Parliament: Lyke as, he, be the wilfull heiring of pe faidis twa feuerall meffis, at the twa feuerall tymes respective 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 said Mr Thomas Hammiltoune afkit Actis and inftrumentis.

[Mr Williame Borthuik, Juflice-Depute.]

May 2.-The faid Juftice-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 Juftice 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 Baneist 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 present waird. Commanding, heirfoir, 30w, our faid Justice, Justice 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 3our Warrand. Subfcriuit with our hand, At Dalkeith, the last day of Apryle, and of our regne pe xxxiiij 3eir, 1601. (Sic fubfcribitur) JAMES REX. Quhilk being oppinlie red and declarit in judgment, the Juftice-depute interponit his authoritie thairto.

[Mr Williame Haert, Justice-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 thepicture 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 amongft 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 zead 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, Svo, 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 ;