Aug. 24.
An old man named George Wood, who died this day at the Grange above Elie in Fife, was interred at Kilconquhar in the evening of the next day, ‘his funerals being hastened for fear of arresting his corpse by his creditors.’—Lam.
1669.
This sufficiently shews that creditors were supposed in Scotland to have such a power by the law. In June 1677, it became a debate among the advocates in the Court of Session, whether a dead body could be arrested and stopped from interment on account of debt. What raised the question was the death of the Countess of Wemyss, and the clamour made by her numerous creditors among the merchants of Edinburgh, who feared that her husband, from whom she had been separated, would not own her obligations beyond her annuity of 6000 merks, all of which was already ‘fornailed.’ They talked seriously of arresting her ladyship’s body. Lord Fountainhall says that, though it is a custom in Holland and some other places, it is reprobated amongst us as a barbarity, and could in no way be done, except on an express supplication to the Lords of Session, or the Privy Council, ‘which would never be granted.’[221]
Nov.
Robert Donaldson, of Birdstown in Campsie, being in Edinburgh on business, fell into the company of one Thomas Scott, an English borderer, who travelled in the equipage of a gentleman. Scott, learning that Donaldson possessed money, pretended an errand to Glasgow, and so accompanied him on his way home. The two dined at Falkirk together, and then set forward, Donaldson inviting Scott to spend the night with him at his house. Just as they were turned off the main road into that leading to Donaldson’s house, Scott gave his travelling companion a stab in the neck with his rapier, and thrust him to the ground, where he cut his throat. Donaldson was, it seems, a strong man, and might have defended himself, if he had not been taken by surprise and encumbered with his cloak, which was buttoned down and heavy with rain. Scott carried off the horse and money of his victim.
Donaldson’s servants went in search of the murderer, and had gone many miles in his track when they came up to a carrier wearing their master’s hood. Immediately the man was interrogated, and told that he had got the hood from a person now riding on in advance, near Haddington. They soon came up with the said rider, and laid hands on him. He being struck with a panic fear, confessed his guilt, for which he was soon after hanged in Edinburgh.—Law.
1669. Nov.