Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 1, 1661-1669

1665] JUSTICIARY PROCEEDINGS 133
Edinbr 10 November 1665. Deput Cuninghame present.
Severall of the inhabitants of Beldormy and others sum¬
moned to bear witness in the Criminall Action, John Lyon
of Muresk against Pat. Roy McGrigor unlawed.
Eodevi Die.
John Roy in Auchinhandork indyted and accused at the Receipt
instance of the said John Lyon of Muiresk and at the instance es'
of his Lady and son upon the 21 Act Pari. 1, Ja: 6, made
against these who receipt, fortifie, maintain or give meat,
harbour and assistance to Thieves in their theftuous stealling
and deeds, either in their coming thereto or passing therefrae,
or intercommune or tryst with them to that effect any manner
of way without Licence, ordaining the Contraveeners to be
called as art and part of the deeds. Nevertheless the said
Jo. Roy and others his associates did fortifie, mantain and
give meat to Pat. Roy Mcgregor, Gregor Beg McGregor, his
brother, and Lauchlan Mcintosh, Vagabonds and Thieves, in
their coming to steall 60 oxen and 17 cows belonging to the
said John Lyon, and in their going away therefrae, and sent
them meat and drink to the places where they lay, 3 days
before and after the committing thereof, and swa was art and
part of the Theft.
The Pannell compearing with his Advocates and declaring
himself willing to pass to the knowledge of an Assize, and the
Pursuer’s Advocate representing that he had done Diligence
to summond an Assize and they were not ready.
The Justice Depute continues the Diet till the first of the
next Circuit to be holden for the Sherriffdome of Banff, and
excuses Christian Caldell, mother to John Roy, another
defender, in respect a Testificate of her inability, and upon
production of the like Testificate, they excuse James Gordon
in Laggan and Jean Gordon his spouse, conveened for fortify¬
ing, giving meat and drink to Pat. Roy McGregor and Gregor
Beg, his Brother, and the said Lauchlan Mcintosh, Vagabonds.
Item, the same day the said Pat Roy, Gregor Beg and
Mcintosh, with many others are declared fugitives at the
instance of the same Pursuer.