1637. Feb. 23.
We have notice at this time of a very pretty quarrel between Lord Fraser and the Laird of Philorth. ‘The kirkyard dike of Rathin being altogether ruinous and decayed, the gentlemen and others of the parish, out of respect to the honour of God and credit of the parish, concluded to repair and big up the said kirkyard dike,’ except a part which fell properly to be done by the late Lords of Lovat and Fraser. Owing to the death of Lord Lovat, the duty of building the latter portion fell solely upon Lord Fraser, who, when he had executed it, ‘caused put up aboon the kirkstyle his name and arms in carved stones, after a decent and comely order, never thinking that any man would have been so void of modesty and discretion as to have maligned the said wark.’ Nevertheless, Alexander Frisell of Philorth had come with a number of armed followers, under cloud of night, and put up three great brods with the arms of Philorth painted on them, right over the Lord Fraser’s arms, which were now consequently invisible.
Such a proceeding, it was held, could only be interpreted as meant to stir up Lord Fraser into a deadly quarrel; ‘but he, out of respect to his majesty’s obedience and laws, whilk he will ever prefer to his awn unruly passions, has forborne to tak upon him the sword of justice.’ He applies to the Privy Council for the just redress of ‘this inexcusable wrong.’
The Council had the accused parties summoned before them, and the Laird of Philorth, having appeared, could only excuse himself by alleging what he felt to be due to his late father’s ‘funerals.’ The Lords therefore contented themselves with ordering the ‘brod’ with the arms to be taken down ‘at mid-day, in presence of the minister of Rathin.’ A counter complaint from Philorth against Lord Fraser for putting up his arms in stone on the kirkyard dike, was remitted to the judge ordinary of the district.—P. C. R.
Feb. 23.
It is remarkable that the government never previously exerted itself more strenuously for the repression of spoliation and common theft than just before its hands were paralysed by the outbreak of the religious spirit. We have just seen justice done upon a number of broken men of the north and the gipsies of the south; we have now to see even more stern proceedings against the Border thieves. A commission, headed by the Earl of Traquair, sat at Jedburgh on the day noted, when whole droves of culprits came before them, and were dealt with in the most rigorous manner. The number hanged was thirty! Five were burned, and as many fined. Fifteen were banished from the country, under caution never to return. While fifteen were ‘cleansed,’ forty were declared fugitives for non-appearance, and twenty dismissed with assurance that they should be treated in a similar manner if they failed to bring forward caution before a particular day.
1637.
The commissioners framed a number of statutes, some of which speak strongly of the state of things which they were meant to correct. Any person going to Ireland without a licence was to be held as a thief, and brought to trial. It was culpable for any innkeeper to have beef, mutton, or lamb in his house, without ‘presenting the skin, heed, and lugs thereof, to two or more of their honest neighbours, who may bear witness of the mark and birn of the skin and hide, and that the flesh thereof is lawfully becomit.’ No one was to purchase cattle or sheep otherwise than in open market, ‘at the least before twa famous witnesses testifying that the guids is lawfully becomit.’ It was a misdemeanour for any one who had goods stolen to negotiate for their recovery and leave the thief unprosecuted. No one was to give harbourage or assistance in any way to men declared fugitives from justice.—P. C. R.