awin cuntre, eftir the tenour of his faid band, to his hevy dampnage and fkaith, and in grete perell of tynfall of his heritage, and expres agains juftice: Our will is heirfor, and we charge zou ftraitlie, and commands, yat, incontynent yir our letters fene, ze, and ilk ane of zou, within ye boundes of zour offices, command and charge all our liegis, yat nane of yame tak upon hand to refet, afsyst, fortify, supple, manteine, defend, or tak pairt with, the said Sebastiane and his complices above writtin, for na buddes, nor oyr way, agains the faid Johne Faw, yair lord and maister; bot yat yai, and ye, in likwyfs tak and lay handis upoun yame quharevir yai may be apprehendit, and bring yam to him, to be punist for yr demeritis, conforme to his lawis; and help and fortify him to punish and do justice upoun yame for yair trespasses; and to yat effect, len to him zoure prefonis, ftokis, fetteris, and all oyr thingis neceffar yrto, as ze, and ilk ane of zow, and all oyris oure liegis, will answer to us yrupoun, and, under all hieaft pane and charge yt eftir may follow; fwa yat the faid Johne have na cause of complaynt heirupon in tyme cuming, nor to refort to us agane to yt effect, notwithstanding ony oure writings finifterly purchest, or to be purchest, be the said Sebastiane in the contrar. And als charge all oure liegis, yat nane of yam moleft, vex, inquiet, or truble, ye faid Johne Faw and his cumpany, in doing of yair lefull bessynes, or oyrwayis, within our realme, and in yair paffing, remanyng, or away-ganging furth of ye famin, under the pane above writtin: and ficklike, yat ye command and chairge all skippars, maisters, and marinaris, of all schippis within our realme, at all portis and havyns quhair the said Johné and his cumpany fal happin to resort and cum, to refave him and yame yrin, upoun yair expenses, for furing of yame furth of our realme to the partes beyond fey; as you, and ilk ane of yame ficlike, will answer to us yrupoun, and under ye paine forfaid. Subfcrivit with oure hand, and under our prive feile, at Falkland, ye fiveteine day of Februar, and of our reigne the xxviii zeir. Subfcript. per Regem. There is a writ of the fame tenor in favour of this Peer from Queen Mary, fame record, 25th April 1553; and 8th April 1554, he gets a remiffion for the flaughter of Ninian Small. N° 40. No 40. p. 75. Cafe of Macminn. 1730. Verdict fufpended.. It was further obferved by the counfel for the fufpender, "In the cafe of "George Graham, obferved by Mackenzie both in his Criminals and Obfervations, the council, without any fummons of error, reduced, as unjust, "the fentence whereby he was found guilty art and part of theft." This they argued, "Suppofing, for once, that the fault could only have been imputed to "the jury." The answer to the fufpender's objection to the relevancy of the libel was as follows. "The fame would appear moft groundlefs, if it were confidered,. "that the pannel was indicted as guilty of theft. The fubfumption, or "In fo "far as" did not indeed bear the pannel directly stole the anvil; but it did what was equivalent; it recited the circumstances from which the guilt was infer“red.—Libels did indeed bear ordinarily in the subfumption, "True it was" the pannel stole the thing; then proceeded to an "At least," and charged fuch and "fuch circumftances as feparately inferred a relevancy; and that was indeed. "the cafe almost in all indictments." 66 The fufpender complains likewife in his bill, that the fteward had allowed. furgeons and butchers to pass upon his affize; which was contrary to the practice of the jufticiary. No other answer was made to the objection, That: an exculpatory proof had been refused, than it was not demanded till the day of the trial.. INDEX.. INDEX. [n. denotes No, i. e. the number of the Cafe. p. denotes page. The afterisk* denotes, A A Bduction, forcible, n. 59 *. 60 *. 62. Act 1690. See Child-murder. Act 1701, n. 25. 45. See Habeas corpus, his jurifdiction, p. 130. 131. 508. Alibi, defence of, p. 14. See Libel. Ambitus crimen. See Bribery. Ameland, ifland of, p. 340. Appeal from jufticiary, n. 26. 31. 89. Arbitrary punishment, p. 15. 21. 57. 63. 64. 70. 95. 381. 551. 624. nishment, Restriction. Array, challenge to, p. 556. See Ba- Arreft of judgement, motion in, p. 125. 136. 482. See Verdict. Art and part. See Acceffories. Arundel, Earl, his cafe, p. 403. See Attempts, to commit bribery not action- B Banishment, n. 77. p. 10. 17. 18. 19. 56. Battery, n. 32. 51. 65. Bribery, whether triable at common law, Butchers put upon juries, Intr. § 4.p. 776. Affeffors. See Court, Suicide. Affythment, n. 30. 98. 99. p. 126. Clarus, what he was, p. 107. Dartmouth, Earl, his order to profecute, Death, judgement of, n. 1. 3. 10. 11. Debitor ex delilo. See Affythment. Declarations, how far evidence, p. 143. Defence. See Libel. Degrees prohibited. See Inceft. Deportatio in infulam, p. 371. Devil. See Witchcraft. Diet, when it may be deferted, n. 81.94. Digby, Sir Kenelm. See Corpfe. Dolus. See Murder, Pupil. Drunkennefs, whether it excufes in crimes, Duty, execution of, how far it justifies. E Egyptian, p. 57. 774- Election-laws. See Bribery. English law, its authority in Scotland, -man may be tried in Scotland for Equity, none by which a man may be hanged, p. 365. Whether it takes Error, trial for, Intr. § 4. 6. Depofi- Foreign laws, their authority, p. 133. Forgery, n. 29. 39*. 57. 73. 80 *. 85. Fugitation. See Affythment, Prefcrip- G Game-laws, n. 83. p. 510. 511. 515. Gaming, whether an offence at common General verdicts. See Special. Gleaning, have the poor a right of, Grand Jury. See King's Advocate. H. Habeas corpus act, p. 357. Hamefucken, n. 7. 60. 62. 65. Hampden, p. 206. Hanging, punifhment of, Intr. § 11. Herbert, Lord Chief Justice. See Ad- Hermaphrodite, p. 748. 749. Honour, defence of. See Murder. I Identity, n. 63. 80 *. Jews. See Sunday. Imprifonment without a warrant in wri- ting, when legal, p. 191. 202. Indictments, how they differ from crimi- nal letters, n. 73. See Libel. Infanticidium, different notions of dif- |