and Hew Cwninghames, breper to the Laird of Tourlandis, vmqle Johne Cwninghame alias Potter, Marioune Parker, Iffobell Parker hir fifter, Williame Speir, ferwand to the said Alexander, and ane vther boy, laitlie, in the moneth of Januar lastbypaft, vnder feylence and cloude of nycht, be way of Hamefuckin and Brigancie, come to Patrik Gemmill duelling-hous in Tempilhous, quhair he, his wyffe and familie was, in fober and quyet maner, takand the nychtis reft, dredand na evill or harme; and thair brak vp the dur of the faid hous, enterit thairin perforce, and tuke the said Patrik and his wyffe furth of thair bedis, band his wyffe fit and hand, and kaift hir in ane mekill kist,1 manaffit the faid Patrik to delyuer to thame his filuer and gold; and becaus he refufit to do pe famyn, thay band ane tedder about his nek, and hang him vp vpoune ane balk,' quhair he hang ane lang space, quhill the faid Thomas for pitie cuttit him doune; and thairefter thay pakkit vp his haill infycht guidis and pleneiffing in fcheittis, and caufit the faidis thre wemen convoy the famyn thifteouslie vpoune thair bakis: And thaireftir tuke and apprehendit the faid Patrik Gemmell captiue and prefoner, and convoyit him, being ane ageit man of threscoir of yciris, in ane grit ftorme, be the space xxviij myles fra his awin house, quhill he come to Clyddifholme, quhair he was relevit be the Bailleis of Lanerk: Vfurpand thairbye our fouerane lordis auctoritie vpoune thame; the faid Patrik being his bienes frie liege; and the faid Thomas was airt and pairt of the faidis crymes. ITEM, for airt and pairt of the cuming vpoune ane Sabboth day, ten oukis fenfyne or thairbye, in tyme of preching, accumpaneit with Williame Cwninghame of Tourlandis, Alexander Cwninghame, his brother, vmqle Johne Cwninghame, the potter, and vtheris ferwandis of the young Laird of Blaquhannis, and vtheris thair compliceis, to the nowmer of xiiij perfonis or thairbye, and rynning of ane forrow with the Laird of Cwninghames heidis tennentis, for the thifteous fteling and reving fra thame of xij horse and meiris, quhilkis war fauld in the cuntrey. ITEM, for airt and pairt of the thifteous fteling and away-taking of twa naigis, ane foir and ane vther broune, pertening to Thomas Bigger in Byres furth of the landis of Warreikhill, committit in Junij laft was. ITEM, for commoune thift, commoune reffett of thift, &c.

VERDICT. The Affyis, be the mouth of Johne Farguefoun of the Yle, Chancellar, ffand, pronunceit and declarit the faid Thomas Cwninghame to be ffyld, culpabill and convict of the haill poyntis of the Dittay aboue writtin, and crymes thairin contenit.

SENTENCE. To be tane to ane gibbet, vpoune the Caftell-hill of Edinburgh, and thairvpoune to be hangit quhill he be deid; and all his movabill guidis to be efcheit, &c.

Striking Ministers — Obstructing the Designing of Manse and Glebe.

Aug. 18.-SIR DAUID WOD of Craig, knycht.

Dilatit, accufit and persewit of the crymes following.

PERSEWAR, Mr Thomas Hammiltoune, aduocat to our fouerane lord. PRELOQUUTOURIS for the pannell, Mr Johne Scharpe, Mr Lowrence McGill, Mr Robert Cokburne. DITTAY againft the Pannell.

FORSAMEKILL, as it is expreflie ftatute and ordenit be Act of Parliament, maid in our fouerane lordis Parliament, hauldin and begun att Edinburgh, the xxix day of Julij, the yeir of God Im. Ve. lxxxvij yeiris, that quhatfumewir perfoun or perfounes invadit ony Minifter, or puttis ony violent

handis in him, for feiking of thair lewingis,' or fic vther cauffis or quarrellis fpecifeit in the faid Act, falbe pwneift thairfore with all regoure, and incur the pane of tinfall of thair movabill guidis for the faid invafioun and violence allanerlie, albeit na Slauchter nor mutilatioun follow thairvpoune; the half of the faid movabill guidis to be applyit to our fouerane lordis vfe, and the vther halff to the pairtie offendit, but preíudice of the heichar pwneifchment, gif ony gritar cryme concur with the violence and invafioun foirfaid; and to be callit criminallie thairfore, before our fouerane lordis Juftice or his deputtis, att particuler dyettis: As the faid Act att mair lenth beris. And trew it is, that Sir Dauid Wod of Craig, knycht, accumpaneit with vtheris bis complices, with convocatioun of our fouerane lordis liegis, to the number of tuelf perfounis or thairbye, all bodin in feir of weir with fwordis, gantillettis and vtheris wappinnis, inuafiue, incontrair the tennour of the Actis of Parliament, laitlie, vpoun the xxvj day of March laftbypast, cam to the Kirk of Fordoun, and to the landis occupyit be . . . . lyand befyde the faid Kirk, and within the Sherefdome of Kincardin, quhair Mr Adam Walker, Minifter att Fordoun wes, accumpaneit with sum of the Presbiterie of the Mernis, according to the ordinance of the Act of Parliament, and the directioun of the faid Prefbiterie, cum to haif defignit3 ane Manfe to Patrik Bonkle, principall Minifter att Fordoune, and to his fucceffouris; dredand na ewill, harme, iniurie or perfuit of ony perfoun, bot to haif lewit vnder Godis peax and our fouerane lordis; and thair, fyrst boiftit, manaffit and threatint the faidis Minifteris, and speciallie the faid Mr Adam Walker, for thair bodelie harmes; and thairefter, fett vpoun the faid Mr Adam Walker, and invadit and strak him with the gaird of his fword vpoun the heid, putt violent handis in him, and with his fword, behind his bak, ftrak att him, and dang him to the eird;5 and with thair drawin fwordis hurt and woundit him in baith bis handis, to the effufioun of his blude in grit quantitie; and thairby, for the quarrell of the defignatioun of ane gleib and manfe, quhilk is ane pairt, at the leift, fould be ane pairt, of the said Mr Adamis lewing, he beand ane of the Minifteris of Fordoune, and helper to the faid Patrik Bonkill to the cuir thairof, thay haif put violent handis in the faid Maifter Adam, invadit, ftraik, dang and bled him with the gairds of thair swordis, and with drawin fwordis, in maner foirfaid; and he wes airt and pairt thairof: Quhairby he hes incurrit the payne of tinfall of all his movabill guidis; the ane half thairof to be applyit to our fouerane lordis vfe, and the vthir halff thairof to be applyit to the vse of the faid Mr Adam Walker, as partie offendit.

7

The pannell takis inftrumentis of his entrie, and proteftis for releve of his cautioner fummond for his entrie; and that thair is na partie perfewar bot my Lord Aduocat; and that na perfoune affiftis him in this perfuit; and that the lettres ar rafit at his lordfchipis inftance allanerlie.

8

The Aduocat paffis fra all vthir perfounes, nor the Laird of Craig; and paffis fra that pairt of the fummondis, ordaning ony vther perfounes guidis to be efcheit, pro loco et tempore.

The Judge declaris, that na pairt of the pane contenit in the Act of Parliament fall fall to the pairtie,10 bot only to the Kingis pairt, conforme to the Act of Parliament.

1

1 Livings, stipend.

manse, or dwelling-house, &c.

2 Without.

To designate or appoint a place for the Minister's 4 Intimidated, brow-beat. 5 Struck him to the ground.

6 The glebe (gleba) is a piece of arable and pasture ground, uniformly allotted to the Parochial Clergy of Scotland, and usually adjoining the manse. 7 Viz. the cure of souls. 8 At the instance of the public prosecutor alone; not at the instance of the private party, with the Lord Advocate's conExcepting, but, other than. 10 Viz. that the private party injured shall have no share of any penalties which might be awarded; but that the whole should fall to the Crown, as sole prosecutor.

currence.

9

VOL. II.

2 Z

It is alledgeit be Sir Dauid Wod, that this mater aucht nocht to be putt to ane Affyis, except it wer verifeit, be writt, that Mr Adam Walker is the Minifter of the Kirk of Fordoun, and that he had commiffioune to mak defignatioun of the gleib and manfe that day. Anfueris the Aduocat, that the alledgeance aucht to be repellit, in respect of the Act of Parliament and of the fummondis; and thay thingis are meri facti, and only pertinent to the Affyfe.

6

Forder, it is allegeit be the faid Sir Dauid and his preloquutouris, that the lettres ar alluterlie' irrelevant, takand thair ground and foundament vpoun thais wordis of the Actis of Parliament, anent the invafioun and putting of violent handis in ane Minifter, vpoune quarrell, for feiking of his lewing;' and that particuler caufe is only proponit in this lybell; and it is fubfumit, that diuerfe of the Minifteris of the Mernis, and speciallie the said Mr Adam Walker, wes boiftit and manaffit❜ the day lybellit, quhilk alledgeit boifting and manaffing is na relevant cause to induce the penaltie lybellit. Forder, that pairt is generall, nocht condifcendand vpoun the names of the vther Minifteris. Item, thair is ane manifeft irrelevancie in ane vther pairt of the faidis lettres and fubfumptioun thairof, berand, that the gleib alledgeit defignit wes ane pairt of the faid Mr Adam Walkeris lewing, att the leist fould be ane pairt thairof, becaus he is alledgeit to be fucceffour to Patrik Bonkill, quha be the letteris thame felffis is grantit to be the Minister of Fordoune: As also, it is grantit that the said pretendit defignatioune wes maid be the faid Patrik, and fwa is grantit to be alluterlie the faid Patrikis lewing: And the Act of Parliament vnderstand in that pairt, to be, of the lewing of the perfounes that ar offendit, and nocht of the lewingis he hopis for to be fucceffour; quhilk is de futuro contingenti; for he may be depryvit, or deceife, before the deceife of Patrik Bonkill.

The Aduocat repeitis the fummondis and Act of Parliament, for ane anfuer. The Judge, in respect that this fummondis is only execute aganis the Lairdis felff, quhairby he is accufit vpoun his awin deid done be him to Mr Adam Walker, alledgeit Minifter att the Kirk of Fordoune, and craving defignatioun of the gleib and manfe, as the faid fummondis beris, to Patrik Bonkill, principall Minifter thairatt; and that his coadiutour wes ftrikin and invadit for that caufe, fuftenis the fummondis.

Quhairvpoun Mr Thomas Hammiltoun afkit inftrumentis.

The Aduocat proteftis for Wilfull Errour, in caife thay Acquyte; becaus the Laird of Craig hes confeft the deid, and maid his repentance thairfore.

VERDICT. The Affyis, be the mouth of Robert Arbuthnet, fear of that Ilk, Chancillar, for the maist pairt, ffand, pronunceit and declarit the faid Sir Dauid Wod to be Acquyte, cleane, innocent and clangeit of the haill crymes aboue writtin, quhairof he wes accufit and perfewit: Quhairvpoune the faid Sir Dauid Wod afkit actis and inftrumentis; and protefit for his Testimoniall.

Sir Johnne Wischart of Pittarro, knycht, Johnne W. his fone and air, Robert Falconer of Balandro, Johnne Allardes, fear of that Ilk, Johnne Ramsay, eldar of Balmayne, Alexander Lyndefay of Brodland and Patrik Craig in Kinneth, and ilk ane of thame, wes vnlawit in the pane of ane hundreth merkis, for nocht comperand on the faid Affyis.

Murder.

Nov. 13. WILLLIA ME NUKILSOUNE (NICOLSOUNE) in Dirltoune. Dilatit, accufit and persewit,

FORSAMEKILL as he, and Adame Nicolfoune, his fone, with thair complices, being bodin in feir of weir, with fwordis, forkis, quhingear and vtheris wappynnis, invafiue, laitlie, vpoune the xiiij day of September laftbypast, haifing confauit ane deidlie hatrent and malice aganis vmqle Williame Jakfoune in the Cannogait, for taking of ane fchaeff of peis off thair land, fett vpoune him, vnder fcylence and cloude of nycht, befyde the Place of Dirltoune, qubair he was in fober and quyet maner for the tyme, doand his lefull effairis and buffines, dredand na evill, harme, iniurie or perfuit of ony perfonis, bot to haif levit vnder Godis peax and our fouerane lordis; and first straik him with ane fork in at the leafk;1 and thairefter, ftrake him with quhingearis aboue the left palp, and throw the bodie; and thairefter, bure him to the faid Williamis duelling-house in Dirltoune, and caufit dicht 3 the blude fra his woundis, and fyne tuke him furth of the faid houfe, and careit him to the Place of Dirltoune, and kaift him behind the get thairof, to the effect that the faid crewall Murthour fuld nocht haif cum to lycht: And fwa, maist crewallie and vnmercifullie flew and murdreift him; and he was art and pairt thairof.

VERDICT. The Affife, viz. George Dewar feruitour to the Lady Gowrie, George Bettie, cuke and brewster to her in Dirltoune," &c., be the mouth of Hew Baillie in North-Beruik, chancelar, ffand the pannell to be Innocent and Acquit of art and pairt of the Slauchter of the said Williame Jakfoune, &c.

Murder of the Warden of the West Marches.

Nov. 14.-THOMAS ARMSTRANG, fone to Ringanis Thom. (In the Dittay he is styled fone to Sandeis Ringane.'

Dilatit, accufit and perfewit be Archbald Carmichell of Edrom, brother to vmqle Sir Johne Carmichell of that Ilk, knycht, Warden of the West Marcheis of Scotland, for the tyme, of the cryme following: that is to say,

2 Breast.

1 The groin or flank, sometimes spelt leask or lisk. 3 Wipe off. 4 The rest of no note. 5 This last seems his proper designation, as the Dittaymentions the faid Ringane (Ninian) his fader.' The loose mode of designating persons, in the rank of life of the pannel, which was prevalent in the Borders at this period, is apt to lead modern readers into confusion as to identity of persons,

FORSAMEKILL as he, accumpaneit with the faid Ringane his fader, Lancie, Hew, Archie and Watt Armftrangis his brether, Sym of the Syde, Lancie of the Syde, Rob Sandie, Rob Scott, Thome Tail3eour, Williame Forrester, Williame Grahame of the Braid of the Grange of Medop, and divers vtheris his complices, to the number of xx, commoun thewis and traittouris, all bodin in feir of weir,1 with jakis, fteilbonettis, lances, hagbuttis; haifing, be the inftigatioun of vtheris qubais names he knew, confultit, dewyfit and interpryfit the crewall, treffonabill and fchamefull Slauchter of vmqle SIR JOHNE CARMICHELL of that Ilk, than Warden of the West Marcheis, vpoun ane Soneday, in the moneth of Junij, the yeir of God ITM.Vjc. yeiris, att ane meitting at the fute-ball,' quhair diuers borderaris and freindis wes conuenit to that effect: Quhilk purpois being plattit and fett doun3 be him and thame, and being fuirlie aduertefit that the faid vmqle Sir Johne was to keip Court at Lochmaben, vpone the morne thairefter, being Monunday and the . . . . day of the said moneth of Junij, the yeir of God foirfaid; ffor executioun of the quhilk treffonabill and vngodlie fact, thay mett altogidder, att thair tryfting place of the Blerieheid, quhair thay lay att waitt for the faid vmqle Sir Johne Carmichellis paffing by; and as he wes in fobir and quyet maner paffand by to the faid Court, dredand na ewill, harme, iniurie or perfuit of ony perfounes, bot to haif lewit vnder Godis peax and our fouerane lordis, he being his Maiefteis Wardene for the tyme, thay altogidder fett vpoune him at the Rae-knowis, schott thair hagbuttis att him, and thairwith maist schamefullie, crewallie (and) trefsonablie schot the faid vmqle Sir Johne Carmichell throw the body, and flew and murdreift him thair; vpoun fett pur. pois, provifioun and foirthocht fellony.

VERDICT. The Affyis, be the mouth of George Ferrie, portioner of Restalrig, Chancillar, ffand, pronunceit and declarit the faid Thom Armstrang to be culpabill and convict of airt and pairt of the treffonabill and crewall Slauchter and Murthour foirfaid.

SENTENCE. For the quhilk caus, the faid Juftice-depute, be the mouth of Robert Galbraith, dempftar, Decernit and Ordanit the faid Thom Armftrang to be tane to the mercat croce of Edinburgh, and thair his rycht hand to be frickin fra his arme; and thaireftir to be hangit vpoune ane gibbett, quhill he be deid;" and thaireftir, to be tane to the Gallows on the Burrowmure, and thair his body to be hangit vp in irne cheinis; and all his movabill guidis to be efcheit, to our fouerane lordis vfe.

1 Arrayed or furnished in warlike manner. 2 At this period, especially on the Borders, it was by no means uncommon to have such meetings for playing at foot-ball, archery, &c.—and these games were often taken advantage of, for the perpetration of deeds of violence; at least, they were frequently terminated by bloodshed and violence, through the feuds of neighbouring clans or districts. 3 Plotted and arranged. 4 A Warden's Court, for punishment of excesses committed on the Borders, &c. 5 Appointed place of meeting. 6 Robert Birrel thus notices this event. The 11 of July (1600), the Laird of Carmichael burict; quha wes flaine be the Armftrangis and Carliles, he doing and executing his office of Wardenrie, upone the 16 of Junij befoir.' He thus notices the execution of Armstrang and the Peck, whose trial immediately follows. The 14 of November, Thomas Armstrong and Adam Steill, alias callit the Peckit, wer baith hangit at the croffe. This Thomas had his hand strak aff with ane ftroke, befor he wes hangit, becaus he wes at the flaughter of James Carmichael. This Pecket wes ane of the maift notabill thieffes that evir raid.' 7 This

is the earliest notice in this Record of a Criminal being hung in chains which the Editor has yet met with, and was evidently, in this instance, suggested by the atrocity of the crime, and the dignity of the person so basely murdered. The deficiency of facts, in the earlier Volumes, may account for this circumstance; as the particulars were then seldom recorded.