hand to be ftrikin fra his body; to be affixit, the hand in Dunde, and the heid in Carnbodo-mure; and all his movabill guidis to be efcheit, &c.

Stouthreif-Cattle-stealing — Horse-stealing, &c.

Feb. 12.-JAMES VALLEM and George Vallem, fonis to Dauid Vallem of Woodwrae.

Dilatit, accufit and perfewit, be Dittay following,

Rikard,

FORSAMEKILL as thay, accumpaneit with Williame Ogilvie, Williame Cumming, Archebald Dowglas, .. Ramfay, and vtheris their complices, commoun thevis and brigandis, in the moneth of Junij, the yeir of God Im.Ve.lxxxxvj yeiris, being bodin in feir of weir, with fwordis, fecreittis, piftolettis and vtheris wappynnis invafiue, vmbefet' the hie way and paffage to Williame young and James Blak, cadgearis, duelland vpoune the fouth fyde of the fferrie of Dundie, and to twa of thair fervandis, at the Coittoune of Melgum, lyand within the Sherefdome of Forfar, quhair thay wer dryvand fevin pakis of merchand-geir, on fevin horfis, towardis Brechin, to the ffair thairof; quhilkis packis pertenit to Patrick Wedderburne, burges of Dundie, and Johne Alexander, burges of Edinburgh, vmqle John Wrycht, burges thair, and Thomas Allane, tailz eour, burges of the Cannogait; and thair fet vpoune thame oppinlie, in day lycht, at xij houris in the day; and, be way of Stouth-reif, violentlie reft, ftall and away-tuke fra the faidis cadgearis, the faidis fevin pakis and fevin horfis; and thifteouflie and maflerfullie convoyit the famyn away with thame, togidder with the faidis cadgearis, to the mouth of Glenmoy, and difponit vpoune ane grit pairt of the faid merchandgeir, at thair pleafour: AND als, the faid James being accufit, fforfamekill as he, accumpaneit with Williame Cummyng and vtheris his complices, in the moneth of October laftbypast, come to the toune and landis of Auchterlony, pertening to Johne Carnegie, grynter,3 and thair thifteouslie stall, conceillit, reffett and away-tuke furth thairof, fax oxin and twa ky, pertening to the said Johne Carnegie and James Pittilach his feruand; quhilk thay draif to the North and fauld, at thair plefour. ITEM, the faid James indytit and accufit for airt and pairt of the thifteous fteilling of ane qubyte horse furth of Mr Williame Gairdyn ftabill, Vicar of Abirlemnoch, pertening to Johne Mortimer younger of Flemingtoune, committit foure yeir fenfyne, or thairbye. ITEM, the faid George Valleme being indytit and accufit for the thifteous fteilling, conceilling and away-taking of ane horse fra Johne Kyd. PRELOQUUTOURIS for the pannell. Mr Thomas Craig, Mr Johne Ruffell.

PERSEWAR.

Mr Thomas Hammiltoune of Drumcarne, aduocat. It is allegeit that the Dittay fould nocht be putt to ane Affife, becaus thay fould be fummond vpoun xv dayes wairning, and thay fould haif ane copy. The Aduocat anfueris, that in respect of the Dittay, quhilk is vpoun thift, the alledgeance aucht to be repellit.

THE JUSTICE ffindis proces.

* In this sense cadgers' were

1 Forcibly beset, &c. by stopping or blocking up the way. carriers, who travelled through the country with their pack-horses, and were employed by small-ware merchants to transport their goods to fairs and markets. At this period, all distant carriages were effected by means of pack-horses; and (as is the present custom of carriers) they usually travelled in companies, for mutual protection and security. The modern term cadger, is commonly applied to persons who collect eggs, fowls, butter, &c. from small farmers, &c. and bring them to market for sale. Their present equipage consists of a horse or ass, with creels, or panniers, placed across the animal, when foraging and bargaining with small farmers and cottagers; but when they go to market, their accumulated store is commonly brought in carts. 3 Properly, one who keeps or takes charge of

It is allegeit, that this mater, concerning the taking away of the pakis, fould nocht be putt to the knawledge of Affyis, becaus it is ane mater of depredatioun; and be Act of Parliament maid in the tyme of King James the ffyft, cap. xxxvij, all depredatiounis and maifterfull reiffis fould be fyrft Ciuilie difcuffit before the Lordis. The Aduocat anfueris, that the faid alledgeance aucht to be repellit, in respect of the Dittay contening Stouth-reif and thift. The preloquutouris takis inftrumentis, that thay defyrit to putt thair alledgeance in writt thame felff, and to dyte itt; and that the Justice anfuerit that he, be the auise of the Chancillar, Collectour, Thefaurer, Lord Hereis and vtheris1

THE JUSTICE Repellis the alledgeance, in respect of the Dittay.

The Pannell takis inftrumentis, that na partie comperis to perfew, bot my Lord Aduocat; and na perfoune can be putt to ane Affyis, without ane fworne Dittay. The Aduocat anfueris, that he fould nocht fweir.

VERDICT. The Affyis, be the mouth of Alexander Kerfane in Balbethie, chancillar, ffand the faidis George and James Vallemes to be ffylit, culpabill and convict of the crymes refpectiue aboue writtin, laid to thair chairge.

SENTENCE. To be tane to ane gibbet at the mercat croce of Edinburgh, and thairvpoune to be hangit quhill thay be deid; and all thair movabill guidis to be efcheit, &c.2

2

[Mr William Boirthuik, Juftice-Depute.] Slaughter - Bearing of Pistolets, &c.

Mar. 3.—PATRIK LORD GLAMMIS; Johnne Lyoun, fone to Johnne Lyoun in Rouchalhill; Johnne Lyoun, fone to . Lyoun, burges of Dundie; Johnne Scrymgeoure, Johnne Edmeftoune, and Fargus Murray, feruandis to the faid Patrik Lord Glammis; Williame Lyoun, feruand to the faid Johnne Lyoun, fone to Johnne Lyoun in Rouchalhill.

Dilatit for airt and pairt of the Slauchter of vmqle Patrik Johnestoune of Moftoun; and for beiring and weiring of piftolettis, contrair the tennour of the Actis of Parliament; committit vpoun the faxt day of September lastbypast. Comperit Mr Williame Oliphant, and produceit ane Warrand, direct be his Maieftie; quhairof the tennour followis.

REX,

JUSTICE, Juftice clark and 5oure deputes, We greit 30w weill. Forfamekill as the thryd

1 Assessors to the Justice. The sentence is left unfinished; but it is probable that it referred to the right of the Justice to dictate the allegeances' and replies, in cases where the matter was disputed between the King's Advocate and the Counsel for the pannel. 2 The xiv of Februar, twa brether hangit, viz. Dauid Volume and his brother, for oppreffion and fpuilzie.'—Birrel's Diary.

day of March nixtocum is appointit and affignit to Patrik Lord Glammis, and certane his friendis and feruandis for pair comperance before 30w, to vnderly oure lawis for pe flauchter of vmqle Patrik Johnnestoune; nochtwithstanding, for certane cauffis moving ws, it is oure will, and We command 50w to continew the faid dyet, vnto pe tent day of Mairch nixtocum; and that ze difpens with the perfonall comperance of the faidis perfounes, and tak new cautioun of pame, that thay fall compeir befoir 30w, the faid tent day of March nixtocum. As 3e will anfuer to ws pairvpoun. Quhairanent thir prefentis falbe to 30w ane Warrand. Subfcryuit with our hand, At Halyrudhous, the faxtene day of Februar, 1602.

(Sic fubfcribitur)

JAMES R. MONTROIS, Cantius, S. G. HOME,' The'.

Quhilk Precept the Juftice admittit.

The quhilk day Sir Johne Murray of Tillybairdyn, knycht, comperand be Mr Williame Oliphant, his Aduocat, be his letteris obligatouris, fubscryuit with his hand, at Glammis, the last day of Februar, 1602 yeiris, become plege and fouertie for Patrik Lord Glammis, &c. that they fall compeir befoir our fouerane lordis Juftice or his deputtis, the tent day of Marche nixttocum, &c.

The quhilk day, Johnne Gordoun of Boigis, Sheref-depute of Abirdene, and Johnne Arbuthnett of Carnedaw, oft tymes callit as cautioneris and fouerteis, coniunctlie and feuerallie, for reporting of our fouerane lordis letteris, dewlie execute and indorfat, and perfewing thairof, purcheft be Margaret Arbuthnett, the relict, Johnne, Robert, Gylbert and Alexander Johneftounis lauchfull bairnis, with the remanent kyn and friendis of vmqle Patrik Johnestoune of Moftoune, &c.; lauchfull tyme of day biddin, and nocht produceand the faidis letteris dewlie execute and indorfat, and nane compeirand to perfew thame; thairfoir the Juftice-deput, be the mouth of James Lowrie, dempftar, decernit the faid cautioneris, conjunctlie and feuerallie, to be vnlawit and amerciat, for nocht reporting thairof, and for nocht perfuit thairof aganis the faid Patrik Lord Glammis, in the pane of . . . thowfand poundis; and vpoun ilk ane of the remanent fax perfounes, in the pane of ane hundreth merkis."

[Mr Williame Haert, Juflice-Depute.]

Stealing the Poor's Box of Cockpen — Adultery, &c. May 21.-WILLIAME NORWALL, fcolemaifter in Cokpen.3 Dilatit, accufit and perfewit, for the thiftious fteilling, away-taking and conceling of the puir folkis box, furth of the Kirk and Seffioun-hous of Cokpen, vpoun the xj day of Apryle laftbypaft; quhairin thair wes aucht poundis money, or thairby, gewin in almous to the pure; quhilk he brak vp at the watter-fyde, befyde Mountounhall. ITEM, ffor the cryme of Adulterie, committit fourtene or fyftene yeir fyne, or thairby, with Chriftiane Dowglas; he haifing ane mareit wyffe, callit Margret Morifoune, than on lyffe.

1 Sir George Home, afterwards Earl of Dunbar, Lord High Treasurer of Scotland, faurario deliberat.'

3 See June 9, 1602.

• Monktonhall?

2.The

The faid Williame become in our fouerane lordis will; and the Juftice, reffaueand him in will, ordanit the said Williame to be Baneist this realme, during all the dayes of his lyffe; and to depairt furth thairof within aucht dayes eftir the dait heirof, and nocht to returne thairin vnder the payne of deid. And the faid Williame obleift himself to the effect foirfaid; vnder the payne to be hangit, but Affyfe.

Barbarous Murder of a Dumb Young Man.

Jun. 2.—WILLIAMe Geikie Younger in Kethynnis.

Dilatit for airt and pairt of the crewall Murthour and Slauchter of vmqle Patrik Cathrow, in Kethinnis (ane dumb borne 3oung man'); committit vpoune the xx day of Februar lastbypast.

PERSEWARIS.

Dauid Cathrow, myller at the mylne of Kethinnis, fader-bother to the defunct; Mr Thos Hammiltoune. PRELOQUUTOUR for the pannel, Mr Williame Oliphant (advocate.)

DITTAY against the Pannell.

4

FORSAMEKILL as he, with his complices, being bodin with ane grit fting or rung,3 laitlie, vpoune pe xx day of Februar, the 3eir of God Im. Vje. ane zeiris, haifing confauit ane deidlie hatrent, rancour and malice aganis pe faid vmqle Patrik, quba was ane fimpill, pure, dum 3oung man, fett vpoune him within pe toune of Cowper-in-Angus, qubair he wes in fober and quyet maner for pe tyme, doand his lefull effairis and buffines, traifting na ewill, harme, iniurie or perfuit of ony perfonis, bot to haif levit vnder Godis peax, and our fouerane lordis; and pair, crewallie invadit him for his flauchter, hurt and woundit him with pe faid rung on the face and neife, and brak pe girfell of his neife, to the effufioune, of his blude in grit quantitie; and gaif him diuerfe vperis bauch, blae and bludie ftraikis, vpoun his heid, bak, wambe and fchoilderis; Lyke as, the faid Williame Geikie, nocht being fatisfeit with pe crewaltie done to pe faid vmqle Patrik Cathrow, in day lycht; he, vpoune pe faid xx day of Februar, pe zeir of Goď foirfaid, vnder fcylence and cloude of nycht, vmbefet pe hieway and paffage to pe faid vmqle Patrik, in the Rafche-myre, lyand betuix Cowper and Kethynis, as he was in fober and quyet maner paffand on the hie way towardis the toune of Kethynis, to his faid faper-broperis duelling hous pair, dredand na harme or iniurie to haif bene done to him be pe faid Williame, in respect of the bludie woundis gevin to him of befoir; and pair, of new, fett vpoune pe faid vmqle Patrik, and with ane rung, beft,5 ftraik and dang him vpoune pe heid, face, bak, fillettis and wambe, and brak his haill intrallis, that it was piteous to haif hard pe lamentabill routis and cryis of the pure dum man; and left him nocht, quhill' be pe faidis crewall straikis he flew and murdreift him, and left him deid vpoune pe ground: Committand pairbye crewall, fchamefull and abhominabill Slauchter and Murthour, being ane dumb borne 3oung man, vnhabill to haif defendit him selff; vpoune fett purpois, provisioune and foirthocht fellonye. The Aduocat proteftis for Wilfull Errour, in cais thay acquit, in respect of the Dittay and taikinnis.3

1

1 To be hanged without farther Trial.

2 This Dittay, it need hardly be observed, has been preserved here chiefly on account of the extraordinary nature of the case, and the remarkable phrases with which it abounds. 3 A large bludgeon or cudgel. The gristle, cartilage, or flexible part of his nose; perhaps implying also the 'bridge.' Beat, Old Fr. basté, basted. It may

5

be beft,' baft, a synonymous word. 6 Bellowings, usually applied to the lowing of cattle, especially when impatient to be milked, or to be driven home in the evening. The kye stand routin' in the loan,'

7 Until.

8 Evidence, tokens, proof.

VERDICT. Eftir accufatioune of the faid Williame, be Dittay, of the crymes aboue writtin, quhilk he alluterlie denyit, the Affyis, be the mouth of Sampfoune Ker, in Auchterhous, Chancellar, ffand the faid Williame Geikie to be Clene, innocent and acquit of airt and pairt of the crewall murthour and flauchter foirfaid, &c. Quhairvpoune the faid Williame Geikie afkit actis and inftrumentis.'

Exercising the Office of Notary without lawful Warrant.

Jun. 9.-WILLIAME NORVELL, fcole-maifter in Cokpen.2

Accufit and perfewit be Dittay, at the inftance of Mr Robert Lyntoune, fubftitute to our fouerane lordis aduocat, for the crymes following.

DITTAY against the Pannel.

FORSAMEKILL as, it is ftatute be the Actis of Parliament and lawis of this realme, that na maner of perfoune gif him self furth for ane Notour, or vfe or exerce the office of Notarie, vnles thay be first prefentit be his Maieftie, be his hienes Letter of Prefentatioune directit to the Lordis of the Seffioune, and thaireftir admittit be the faidis Lordis to the faid office, efter tryell; and thair Prothogoll-buik fychtit and markit be the Clark of Register and his deputtis; and gif ony man prefwme to do in the contrair, to be pwneift to the death: As the faidis Actis of Parliament at mair lenth beiris. And trew it is, that the faid Williame Norvell hes vfit and exerceit the faid office of Notarie, as ane ordinar Notar, in fyndrie deidis, fik as in Contractis, Obligatiounis, Seafingis, Requifitionis or Redemptionis ; and generallie in all thingis, quhen he was requyrit, continewallie fen the moneth of November, the yeir of God I".Ve.lxxxv yeiris, to the day of his apprehenfioune; albeit it be of veritie, that he was never admittit to the faid office of Notarie; lyke as, he never had his Maiefteis Prefentatioune direct to the faidis Lordis of Seffioune, for his admiffioune to the faid office; nather had he ane Prothogoll. buik, markit be the Clark of Regifter or his deputtis, conforme to the ordinance preferyuit be the faidis Actis of Parliament: Quhairin he hes falflie circumvenit and diffauit our fouerane lordis leigis, as ane falfe diffauear; geveing him selff furth to be ane Notour, he being nane: Quhairbye he hes incurrit the panis contenit in the faidis Actis of Parliament.

VERDICT. The Affyis, be the mouth of Robert Smyth, merchand in Edinburgh, Chancellar, ffand the said Williame to be ffylit, culpabill and convict of the faidis crymes.

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

Slaughter.

Jun. 15.-JAMES CWNINGHAME of Glengarnok.

Dilatit of art and part of the flauchter of vmqle Williame Cwninghame, in Walzaird.

It is likely that the Lord Advocate abandoned his writ of Error against the Assise; at least no mention is made of the matter, in the Record. 2 See May 21, 1602. Although the former Assise had acquitted Norvell, yet the public prosecutor had set his seal upon him; and, in his next charge, crushed this ill-fated thief, adulterer, and fals notour.'