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

576 CRIMINAL TRIALS. A.D. 1624.
Witnesses being fuorne and examinat be thame, thay all, but' difcrepance, cleir-
lie verifeit be thair declaratioues, that the faid James Mayne come vpone his feit,
without ony hurt, as appeirit, in ony pairt of his body, to the Grange, a littill
afoir fex houris at evin, the day contenit in the Dittay, being brocht thairto be
the pannell, for the caufe contenit in his exceptioun ; and being put in the laich
volt, at the defyre of the pannell, to be keipit thairin be the faid Mr Johnne
Cant, as Juftice of Peace, vnto the tyme he war tryit, and that Robert Young,
his mafter, war brocht to that effect ; he, within tua houris thaireftir, the volt
dur being lokit vpone him, was fund hingand in tua horfe girthes or coirdes,
deid, and his mouth fameand ;" and thairby, that he had devoiret^ him felff. Eftir
quhais tryell and examinatioun, the faidis perfonis of AfTyfe reflbnit and voittit
vpone the poyntis of the faid Dittay, and being ryplie and at lenth advyfet thair-
with, togidder with the Depositiones aboue writtin, maid be the faidis Wit-
nesses, thay re-enterit agane in court, quhair thay all, in ane voce, be the repoirt
and declaratioun of the faid ]\Ir Johnne Cant, chanceller, ffand, pronuncet, and
declairit the laid Ilarie Liftoun to be Cleane, innocent, and acquit of the flauchter
and murthour of the laid James Mayne ; and of airt and pairt thairof.
Qiihairvpoun the faid Harie Liftoun and his preloeutouris afkit inftrumentis.
Nov. 19. — Jaffuay Irwing of Robgill.
Dilaitit of the filthie and deteftable cryme of Inceft ; committit be him with
Agnes Cairletoun, fpous to vmq'" George Irwing of Bonfchaw, his brotheris
wyfe ; quha buir to him, in that filthie copulatioun, thre fones, namet Frances,
George, and Edwai-d Irwingis, and ane dochter ; quhilkis war all baptizet in
Ingland ; contrair the tennour of the Actis of Parliament.
My loi-d Aduocat takis inftrumentis of the pannellis Confeflioun ; and pro-
teftis for WilfuU Erroui-, gif thay acquit.
Verdict. The Aftyfe, all in ane voce, in refpect of the faid Jaffra his Judi-
ciall Confellioun, ffand, pronuncet, and declairit, be the rei^oirt and declaratioun
of Raulff Ker, burges of Lauder, chanceller, the faid Jaffra to be ffylet, culpable,
and convict of the faid cryme of Inceft, contenit in his Dittay. — Sentence.
To be tane to the Mercat-croce of Edinburghe, and thair his held to be ftrukin
from his body ; and all his moveabill guidis to be efcheit, &c.
' Without difference in theii- testimony. I Foaming, or frothing. ' Destroyed. Lat.
devorare.