as the torture was directed to be used, till he should confess; and then the Judge was directed to pronounce sentence of death! So extraordinary is this Case of Archibald Cornwall, in all its bearings, that the Editor deemed it requisite to investigate the matter, as minutely as his opportunities permitted. The result of these inquiries are appended, and left to the reader's consideration, without farther observations.] Dilatit of the ignominious Dishonouring and Defaming of his Maieftie, in taking of his Portratour, and laying of the famyn and setting thairof to the ftowpis and vpberaris of the gibbet, preiffing to hing vp the famyn thairvpoune. PERSEWAR, Mr Thomas Hammiltoun, Aduocat to our Souerane Lorde. ASSISA. Johne Blak, tailgeour thair, Edmond Smyth, tailgeour ('in the Cannogait,') James Sympfoun, tailgeour thair, Patrick Acarfane, wrytter, Williame Tailzeour, deacon of the Johne Horne, fruitman in Ed, tailzeouris in the Cannogait, Johne Pillons, cordiner thair, Johne Rankene, tailzeour, burges James Aikman, tailz eour thair, of Edinburghe, Dauid Bennet, tailzeour thair, Patrick Somervell, burges thair, Adame Carkettill, tailz eour thair, Patrik McGregour, fruitman. The Aduocat takis inftrumentis of the Admiffioune and fwering of the Affyis. The Aduocat proteftis for Wilful Errour, in cafe they acquitt; in respect of the notorietie of the deid, knawin to thamefelffis. The quhilk day, Archibald Corneuall, ane of the toune officeris of Edinburghe, being enterit on pannell, dilatit, accufit and persewit, be dittay, produceit be Mr Thomas Hammiltoune of Drumcarne, aduocat to our fouerane lord, for the treffonabill and ignominious dishonouring and defaming, fa far as in him lay, of our fouerane lord the Kingis Maieftie, be taking of his hienes portratour to the publict mercat place of this burghe, and thair schamefullie and wyildlie (vilely) setting the famyn to the ftowpis and vpbereris of the gibbit; and in mair, and manifeft and treffonabill contempt and difdane of his Maieftie, he ftuid vp vpoune ane buird or furme, befyde the faid gibbet, and cald ane naill thairin, fa heich as he culd reiche it, and liftit vp his hienes portratour foirfaid, and held the famyn vpoun the gibbet, preiffing to haif hung the famyn thairon, and to haif left it thair, as ane ignominious spectacle to the haill world; gif he had nocht bene stayit, be the just indignatioune of the haill people, minaffing to ftane him to deid, and pulling him perforce fra the faid gibbet, to ftay his treffonabill fact foirfaid; committit be him, vpoune the xv day of Apryle inftant. VERDICT. The Affyis, be the mouth of the faid Johne Rankene, chancillar, ffand, pronunceit and declarit, for the maist pairt, the faid Archebald Cornewall to be fylit, culpabill and convict of the treffonabill setting of his Maiefteis portract to the tramme of the gibbet; and presenting of the famin, to be hung heich vpoun ane nail infixt in the faid gibbet. SENTENCE. For the quhilk caufe, the faid Juftice-depute, be the mouth of Robert Galbraith, dempftar of the faid Court, decernit and ordanit the faid Archebald Corneuall to forfalt lyffe, lands and guidis, and to be tane to the faid gibbet, quhairvpoune he preiffit to hing his Maiefteis portratour, and thairon to be hangit quhill he be deid; and to hing thairvpoun, be the space of xxiiij houris, with ane paper on his foirheid, contening that vyild cryme committit be him. (1.) NARRATIVE taken from Wodrow's MSS. 3 In the faid moneth of Aprile (1601), one of the officeris of Edr, having rowping at the Croce of Edr certane poindit geir, amang the quhilk the Kingis picture wes; and to the effect that the bred and picture micht be the better fene (the officeris ftand being hard befyde the gibbet) vndiscretlie and rafchelie the officer wes calling in ane naill in the gibbett, to haue hung vp the bred, as wes reportit, and yit hang not vp the famin, bot ceiffit, being admonifchet be fum of the pepill standing by, that it wes not weill done to put vp ony naill to the effect foirfaid: Allwyfe, vpoun the faid prefumptioun, the officer wes challengit and put in wairde, within the tolbuith: And the Kingis Maieftie, being informit thairof, caufit examine certane witnesses thairvpoun; and thairefter the said Officer wes put to ane Affyfe, and convict vpoun the faid prefumptioun; and dome gevin vpoun him, to be hangit xxiiij houris, with ane paper on his foirheid, declairing the faid caus. Lyke as, he wes fua done with, vpoun the faid xxvij of Aprile, about fax houris at evin; and fufferit to hing on the gibbet quhill the nixt day, at evin, at the fame time: And thaireftir, the gibbet wes takin doun and brunt with fyre. (2.) ACCOUNT taken from Calderwood's MS. Church History. Apr. 27, 1601.-UPON the fame Mounday, at fex houres at even, ane Officer of Edinburgh, named Archibald Cornwall, was hanged upon a gibbet, at pe Croffe of Edr. At pe rouping of fome poynded gear, at pe Croffe of Edinburgh, finding a broad wherein was the King's picture, and standing hard befide the gibbett, undifcreitly and rafhly was driveing in a nail in the gibbett to hing up the board, as was reported: but being admonished by fome of pe people ftanding by, he ceafed and hanged it not up: Alwayes, upon the fame prefumption, he was putt in waird, in the jayle. The King, being informed, caufed examine certaine witneffes; and thereafter, he was putt to ane Affife, convicted and condemned to be hanged, and to hing twentie four houres, with a paper on his forehead: which was done; and thairefter the gibbett was taken down and burnt with fire. (3.) EXTRACTS from THE RECORDS of the Town Council of THE CITY OF EDINBURGH. Apr. 17, 1601.-FOR the honour and reverence thai aught to our foueran lord, his darrest spous and children; Statutes and ordanis, that nane of thair Maiefteis and graceis pictures and portraits be poyndit, rowppet or compryfet, for ony maner of caus, publictlie or privatlie, heirefter: Difchargeing thair officeris and feriandis of the fam and of thair offices in that pairt, vnder the payne of tynfall of thair faid offices, and wairding of thair perfounis for the fpaice of twenty dayes. (Apr. 22.) The Bailleis, deyne of gild, thefaurer, and maift pairt of the Counfall being convenit, appoyntis George Todrig baillie, Dauid Williamsonn and Patrik Sandelandis, to pas to his Maieftie, presentlie at Dalkeyth, and to inform his Maieftie of the trewth, anent the offence confauet be his Maieftie aganis Archebald Cornuell, officer, for the allegeit hinging of his Maieftie and fpous picture at the gibbet, in ane rowping. (May 1.)-Thomas Hammiltoun appointed in place of vmqle Ard Cornuell.' (4.) COMMISSION OF JUSTICIARY to Robert Lord of Roxburgh, for the Torture, Trial and Execution of Mr Peter Narne. JAMES, be the grace of God, King of Scottis; To all and findrie our lieges and fubditis, quhom 1 Wodrow's MSS. Adv. Library, Edinburgh, Vol. IX. Rob. III. 2, 9. * Board; a painting on panel. 3 Driving. ever it effeiris, to quhais knawlege thir our letters fall come, greeting. FORSAMEKLE as MR PETER NARNE, haveing maist traiterouslie devifit and conspyrit the Murther and destruction of . . . . Englishmen; and for executioune of this vyld and abhominable fact, haveing trained thame within oure realme, promiffing unto thame to get thame advancen in credite and fervice with us; and haveing brocht thame to the town of Kelfo, he thair refolvit to have accomplishen his faid vyld Murther; and being in the actual executioun, he was, be the providence of God, ftayed, the puir innocent ftrangearis relevit, and himself apprehendit, and is prefentlie in handis. Qubilk vyld and deteftable coyfinage and Confpiracie of an intendit and confpyrit Murther, being of fo rare ane example and preparative, and carrying with it fa foull ane fclander and reproche to our natioun, giff the fame be not accordingly tane order with and punifheit: And albeit, thair be na law maide againe practizars and Confpiratours of ane Murther, unexecute; and that this fact, naikedlie confiderit, will not appeir puneishable to the death; yet We, haveing regaird to the circumstanceis thairof, with the intereft quhilk it carryis to our fervice, and the fclander and reproche to our natioun, We have thairfoir, of our awin absolute auctorite and power, Ordanit the said vyld and detestable Conspiracie to be puneifheit to the death; to the terror of all uthiris to interprise the lyke heireftir. FOR quhilk purpois, We have maid and conftitute, and be the tenor heirof Makis and Conftitutis, our richt truft coufing and counfallor ROBERT LORD OF ROXBURGHE, our Justice in that parte, to the effect undirwrittin; Gevand, Grantand and Committand to him, our full power and Commiffioun, expres bidding and charge, to try and examine the faid Mr Petir, upoune the forme, maner and circumstanceis of the faid Confpiracie, and upoun the vyld Murther, quhairof he is suspect gilty; And, giff neid beis, for the better discoverie of the treuth, to put him to Tortour: As alfwa, to put him to the knawlege of ane Affize for the fame, and giff he cry gilty of the faid Confpiracie and intendit Murther committit be him, that he caus execute him to the deid for the fame; and in special, for the foull and treterous Confpiracie foresaid: And for this effect, Juftice Courtis, at qubatfomevir placeis convenient, to fett, begyn, affix, have and continew; fuitis to make to be callit; abfentis to amerciat, unlaws and escheitis of the saidis Courtis to ask, lift and raise, and for the fame, giff neid beis, to poind and distrenzie; Affifers neidfull to this effect, respective, under the pane of fourty pundis, to fummond, warne, cheis, and cauis to be fworne; clerkis, ferjands, dempstair, and all uthir officiars of Courte neidfull to make, creat and ordane, for quhome he fal be haldin to anfwer; and generallie, all and findrie uther thingis to do and use, quhilk for executioun of this our Commiffioun ar requifite and neceffar; ferme and stable halding, and for to hald, all and whatsumevir thingis in our name fall be done herein. Given undir our fignet, and subscrivit with our hand, AT BRECHIN, the tent day of October, and of our reign the xxxv, and yeir 1601. Breaking into the Lord Chancellor's House—Theft, &c. May 7.-WILLIAME CREYCHTOUNE, fumtyme indweller in Edinburgh. Dilatit and accufit, fforfamekill as he, accumpaneit with John McCulloch and Robert Ahannay, laitlie, in the moneth of September laftbypast, cam to Johne Erle of Montrois chancellaris house, befyde the Abay of Halyruidhous, and thair, vnder fylence of nycht, brak the famyn, and thifteouslie ftall, concelit, reffett and away-tuik furth thairof, fourtie-fyve pound pecis, ane cloik, twa dowblettis, ane bow and foure arrowis, with ane pair of filk fchankis, pertening to James Grahame, fone to the Chancellar, and vther feruandis to the Chancellar: Att the leift, for airt and pairt of the fteilling, conceling and away-taking thairof. As at mair lenth is contenit in the Dittay, quhilk wes verifeit be his awin Depofitiounis and Confeffionis. VERDICT. The faid Williame wes putt to the knawledge of ane Affyfe, and thay being chofin, fworne and admittit, be the mouth of George Frensche in Edinburgh, chancillar, ffand, pronunceit and declarit the faid Williame Creychtoune to be ffylit, culpabill and convict of the crymes foirfaidis. SENTENCE. ffor the quhilk caus, the faid Juftice-depute, be the mouth of Robert Galbraith, dempftar, ordenit the said Williame Creychtoun to be tane to ane gibbet to be affixit vpoun the Caftel-hill of Edinburgh, and thairvpoun to be hangit quhill he be deid; and all his movabill guidis to be escheit, &c. [Mr Williame Hairt and Mr Williame Boirthuik, Justices-deputes.] Treason—Purchasing, Forging, and Vending of Counterfeit and Adulterated Coin-Theft, &c. Maij 29.-THOMAS M'ALEXANDER of Drummochreyne; James Johneftoun, fone to . . . . Johneftoun in Kirkcaldie, fumtyme feruitour to Johne Johneftoune, wryter; George Dowglas, fumtyme in Bengoure, now in Edinburgh; Williame Maxwall, fone to George Maxwall in Haik; Cuthbert Home, fone to vmqle Robert Home of Reidheuch; and James Moffat, fone to .. .. Moffet of Helbeth. Perfewit be Mr Thomas Hammiltoune of Drumcarne, aduocat to our fouerane lord, for his hienes interes, of the crymes following, that is to say, DITTAY against McAlexander and Johneftoune, For airt, pairt, red, counfale and conceiling of the treffonabill Outing' amangis our fouerane lordis liegis, in the Tounis of Gawyefyde, Dalfarf, Hammiltoune, Clochftane, Air, Irvin, and vtheris pairtis, of certane fals and counterfit ten schilling peices, to the fimilitude of his hienes trew coinzie; committit ane yeir fenfyne in harveft. Item, for airt, pairt, red, counfall and conceilling of the treffonabill forgeing, counterfitting, cafting and prenting of xxx falfe ten fchilling peiceis, within the citie of Glafgw, in Dauid Hallis bak chalmer thair; qubair thay, togidder with vmqle Marioune Hepburne and ane ferwand woman of hirs was lugeit; off the quhilkis, thay treffonablie outit ane to the faid Dauid Hallis wyffe; and the faid Thomas McAlexander delyuerit twa of the faidis pieceis to the faid James Johneftoun, at the Bridgend of Glafgw; and als delyuerit to him fyve pundis wt2 thairof, in ane lytill gaird at the faid Brigend, quhilk he tuk bak fra him agane. Item, for airt, pairt, &c. of the treffonabill fforgeing, prenting and cafting in calmis3 of trie, fillit with calk, within the place of Tourlandis, of twa fals foure merk pecis, to the fimilitude of his Maiefteis trew coinzie of foure merk pecis of filver; quhairof the said Thomas outit ane to ane honeft man in Air: Lyke as, the faid James, be directioun of the faid Thomas, convoyit the calme out of Irving to the place of Tourlandis, qubair he and Sandie of Tourlandis wes prefent at the treffonabill fforgeing of the faidis pecis, quhilk wer maid of ane pew 2 Probably 4 Wood bedded with 1 This term corresponds with the modern law termuttering;' literally, putting out, circulating. for worth,' although it is also an usual abbreviation for wecht,' weight. 3 Moulds. chalk or plaster. VOL. II. 2 Y der plait: Committit in harvift, bygane thrie zeir. Item, the faid Thomas being accufitt ffor airt, pairt, &c. of the treffonabill reffaueing fra George Dowglas, callit of Bengowre, of fourtie poundis in fals fyve pound pecis, foure pound pecis, and crounis, to haif bene outit amangis our fouerane lordis liegis, as trew and guid gold; quhairof he outit twa fals crounis to Johne Johnestoun in Mayboill, and lent the reft thairof (except ane foure pound peace and twa crounis, quhilkis he referuit to him felff) to Gilbert Makalexander in Air; and delyuerit the foure pound peace to Bruce, his feruant. Item, the faid Thomas dilatit and accufit, fforfamekill as he, accumpaneit with William Boirthuik of Johnestounburne and twa of his feruandis, betuix Martimes and will, in the yeir of God Im. Vc.lxxxxviij yeiris,2 paft owre att the Qeinis-fferrie, towardis Caftell Campbell, or thairby, quhair thay brak ane hous, and thifteouflie ftall, concelit, reffett and away-tuik furth thairof foure hors, and cam about be Stirling to Falkirk, quhair his naig3 tyrit: And swa, wes airt and pairt of the thifteous fteilling of the faidis foure hors. Item, the faid Thomas being dilatit of airt and pairt of the thifteous fteilling, concelling, resetting and away-taking of ane naig fra ane feruand of the Erle of Caffilis, quhilk . . . . . Bruce his feruand stall be his directioune, and William Maxwall delyuerit the samyn to Gylbert Mcalexander. ..... DITTAY against George Dowglas, fumtyme in Bengoure, now in Edinburgh. DILATIT for the treffonabill bying of fourtie peacis of fals gold, in fyve pound pecis, foure pound pecis and crounis, and the maift pairt of them wer crounis, fra vmqle Dauid Johneftoune, quhilk he reffauit in the moneth of Junij, or thairby, in Kingorne, to be treffonablie outit; ffor the quhilk he payit fourtie merk in guid filuer, quhairof Johnftounburne, his pairtiner, payit tuentie merkis. Lykas, he, togidder with the faid William Boirthuik, William Maxwall, . . . .. Moirlie and James Hoppringill his fernandis, paft, at Mydfomer was ane yeir, to ane fair in Air, for outing of the famin, quhair he, in the faid fair, coft1 ane broune meir;5 ffor the quhilk, he treffonablie outit and payit xxiiij poundis of the faid fals gold: And als, bocht ane naig fra James Hammiltoune, feruand to the Maifter of Cathcart; for the quhilk he treffonablie outit and payit xxvj or xxvij lib. of the faid fals gold; The quhilk gold the faid James Hammiltoune, being outand in Aire, for certane Lundoune wairis, the famin wes cryit fals; the faid James immediatlie thaireftir followit the faid George, fra the burcht of Air, be the space of foure myles, rafit the countrey and owertuik him and his cumpany, and compellit him to reffaue the fals gold, and refloir the faid naig to the faid James Hammiltoune: Eftir the quhilk, he, accumpaneit with Thomas McAlexander apperand of Drummochryne, William Boirthuik of Johnstounburne and his feruandis, fatt doun be ane brae-fyde, and pairtit the fals gold quhilk he left vnoutit," and delyuerit fourtie poundis worth thairof to the faid Laird of Drummochryne, in fals fyve pound pecis, foure pound pecis and crounis; and outit and delyuerit to the faid William Boirthuik, his pairtiner, tuentie poundis worth thairof; and retenit thrie crounis thairof to him felff; quhilk he thaireftir outit and delyuerit to the faid Williame Maxwall; and fua, hes committit Treafoun. DITTAY of Williame Maxwall, fone to George Maxwall in Haik. INDYTIT, accufit and perfewit, ffor airt, pairt, red, counfall and conceilling of the pairting of the faid fals fyve pound pecis, foure pound pecis and crounis, quhilkis George Dowglas, callit of Bengoure, pairtit and delyuerit att ane brae-fyde, cumand out of Air, att Mydfomer wes ane yeir, to Thomas McAlexander, apperand of Drummochryne, and Williame Boirthuik of Johneftounburne; quhairof he delyuerit fourtie poundis worth to Drummochryne, and xx lib. thairof to the faid Williame Boirthuik, quha delyuerit the famyn to the faid Williame Maxwall, quha convoyit it to Edinburgh; and att his cuming, reftorit agane to the faid Williame Boirthuik, quha thairefter outit ane of the faidis fals crounis in and ane vther in Lauder; and thairby, the said William Maxwall committit Treafon. 4 Purchased, bought. 1 Yule or Christmas. 6 Parted, divided. 2 Anno 1598. 7 Uncirculated. 3 Horse, nag. 5 Mare. |