Our first extract is one of common occurrence, and similar ones might be picked out of almost every second page. Alexander Cumming and James Cumming, both burgesses of Inverness, quarrel. Mutual friends became security for each that they shall keep the peace and do one another no harm, under the penalty of 300 merks. In some instances the penalty is larger, and in others smaller, just according to the circumstances of the individuals:—
"The Head Burgh Court of Inverness after Michaelmas, held within the Tolbooth of the same by James Cuthbert of Easter Drakies, Provost, Andrew Fraser, Wm. Paterson, elder, Bailies, conjunctly and severally, the 1st day of October, the year of 1621 years, the suits called, the Court fenced and affirmed as use is: That day, Wm. Gray in Inverness is become acted surety, cautioner and lawburrows for Alexander Cumming, burgess there, that James Cumming, burgess of the said burgh, shall be harmless and skaithless of the said Alexander, in his body, goods and gear, in all time coming, otherwise than by order of Law and Justice, under the pain of 300 merks money, and the said Alexander is become acted for his said cautioner's relief, whereupon took Act of Court."
(Signed) "James Duff, Clerk."
"That day William Robertson, elder, burgess of Inverness, is become acted surety, cautioner and lawburrows for James Cumming, that Alexander Cumming shall be harmless and skaithless of him, in all time coming otherwise than by order of Law and Justice in his body, goods and gear, under the pain of 300 merks money, and the said James is become acted for his cautioner's relief, whereupon, &c.
"The Justice and Burgh Court of the Burgh of Inverness, held [as above] the 25th day of October the year of God 1621 years, the suits called, the Court lawfully fenced and affirmed as use is."
Results of Drunken Row.
We have here rather a curious mode of challenge. The parties cut a quantity of straw, each taking a half, and then retire to the Dempster Gardens to test their strength. Forms of challenge vary much. There is the gentlemanly way of throwing down one's glove or gauntlet, the biting of one's thumb as in Romeo and Juliet, and boys have their modes as well as their elders. We remember a common one in Inverness some twenty-five years ago, was to count an opponent's buttons, those of his waistcoat, and then slap him in the face. Another mode was, if any two were egged on to try their strength, the one gave the other what was called fuge. This was done in the following way:—A friend or second of one of the opponents said, 'Will you fight him?' The answer, of course, was 'Yes.' The friend then stretched out his right arm and said 'Spit over that.' This being done, he was requested to follow up this procedure by giving his antagonist fuge, or a blow. The combatants, after either of the above formalities, retired with their respective friends to some unfrequented spot as the Barnhill or Longman, and there had a fair open set-to. No unfair advantage was permitted, and after a few rounds the affair was over, and the parties became friends again, or the trial of strength was adjourned to be renewed at some future period. Unfortunately, however, for some of us boys if our then teacher got a hint of what was going on, which, somehow or other, he invariably did, then all concerned, both onlookers and combatants, got a good flogging right round.
It will be observed that the Magistrates of those days, who then had far more extensive powers than now, dealt in a very summary manner with the murderer. The Heading-hill was the elevated part of Muirfield. Burt, a century later, gives a graphic account of an execution he once witnessed there:—
"Thou, John Williamson Skinner, art indicted for the cruel slaughter and murder of the late Murdo M'Ay vic David Robe in Culloden, which you committed yester-night, being the 24th of October instant, upon the fields of Easter Dempster within this Burgh, after you being drinking in William M'Andrew Roy, his house, boasted, and gave evil speeches to the said late Murdo appealled (i.e., challenged) him to the singular combat, and cut a quantity of straw and delivered the one-half thereof to him, and put the other part thereof in your purse, which was found with thee, whereupon you passed forth immediately out of the said house and took thy sword and targe with thee and followed the said late Murdo to the said field, where thou onbeset (set on) him, and with thy drawn sword sticked and struck him in the belly, whereof he departed this present life immediately thereafter, you being taken with red hand, remain yet incarcerated therefor: Wherethrough you have not only committed cruel murder and slaughter, but also been offering of singular combat, express against his Majesty's Laws and Acts of Parliament, which you cannot deny, and therefore you ought to die.
"That day the said John Williamson being accused on the said dittay in judgment, by Finlay M'Ay vic David Robe and James M'Ay vic David Robe, brothers to the said late Murdo, denied the same, therefore desired the same to be remitted to the trial and cognition of an assize, as he who was panelled, whereupon, &c.