Bannatyne Club > Criminal trials in Scotland, from A.D. M.CCCC.LXXXVIII to A.D. M.DC.XXIV, embracing the entire reigns of James IV. and V., Mary Queen of Scots and James VI > Volume 3

48&13JAC. VI. CRIMINAL TRIALS. 37I
Clwne; and thiftious Steilliiigand away-taking of thehaill infycht and pleneiffing,
guidis and geir, being within the faidis Houflis, to tlie availl of ane thowfeand
merkis ; at the leift, of the thiftious RefTettiiig of the faidis giiidis and vtheris
contenit in the Letteris direct thairupoune, eftir tlie thiftious fteilling thairof be
Dauid ]\rWilliani and his complices ; comniittit in October, 1598 jeiris.
Persewar, Mr Uobert Dunibar, fone to the laid vniq'"^ George Dumbar.
Tlie Juftice, witli advyfe of my lord Aduocat, continewis this matter to the
thrid day of the next Juftice-air of the fchcrefltlome of Innernes, quhairin thay
duell, or foner, vpone xv dayis wairning, to vnderly the law for the crymes aboue
fpecifeit : And ordanis cautioun to be ffund for the defenderis compeirance to
that effect ; vnder the panes contenit in the Actis of Parliament.
Johnne Roife of Glenbeg, as cautioner for the entrie of the perfones on pannell,
tuik inftriimentis of thair entrie ; and proteftis he may be fred of his cautionrie.
Gregour Grant of Gartmoir become louirtie, that thai and ilk ane of thame fall
compeir, &c.
[Sir lJ'"iUiame Heart, Jttj'lice-Dejnite.
AssEssouRis to the Justice, in tiiis cause,— Mr Lord Archbisciiop of St Androis ; Sir Gedione Murray, Thesaurai*-
deputc; My Lord Clerk of Register, (Sir Alexander Hay of Whitburgh) ; My Lord of Kilsythe.]
Crrnsonafilr iUsfttinti: of Jlrsuits anXr Crnffiriuntr ^papists, ^t.
[After tlie details wliicli iiare already been given in the Case of Ogilvie,' it seems unnecessary
to occupy farther space in attempting to elucidate the present Trial. It must, however, be interesting
to the reader that there should be preserved, in tliis place, some remarks made by Calderwood, in his
larger MS. History,^ which strongly depict the popular feeling, in relation to tliese State prosecutions
against the Jesuits.
' William Sinclare, Robert Wilkie, (and) Cruikihanks were convicted, upon the fourteen
of Auguft, for Refetting the Jc/uits above named, and hearing of Malle. The day following, betwix
four and five afternoone, they were brought furth, with their hands bound, to the Scaffold, fett up
befide tlie CrofTe, and a gallows in it, according to the cuftome of Executione. While a great multi-
tude of the people was gazing to fee the Executione, there was a Warrant prefented to the Magiflrats
of Edinburgh, to rtay the Execution ; foe they were carried back again to their wairds. Tlie people
thought this forme of dealing rather mockery then punilhment !']
Jul. 14. — WiLLiAME Sinclair, agent in Edinburgh; Robert Wilkie,
browdinfter' in the Cannogait ; and Robert Cruikfchank,
ftaibler in Ed^
Dilaitit of the trelibnable Reletting of Mr James Moftett, Mr Johnne Ogilvie,
and Mr Johnne Campbell, Jefiiites and Traffiqueing Papiftis, within thair duell-
ing houllis, dyuerfe dayis and nychtis, in the monethis of Auguft, September,
and October laftbypaft, &c. viz.
DiTTAY agahij} the Pannel.
FoRSAMEKiLL AS our iiioft giacious and facred Souerane lord, furth of fat godlie zeill ever home
' See his Trial, Vol. III., p. 330, &c. * Church Hist. JIS., Adv. Library. = Embroiderer, a lucrative
employment in those times ; not bruicster, or brewer.