He proceeds to state, that they “fell intil a debate amongist themselves, whither or no, ane mastiffe Tyke, who keept the outmost gate, might not, by reasone of his office of trust, come within the compass of the act, and swa, be obleadged to take the Test, or be turned out of his place.”
In conclusion, “the tyke thereupon was called, and interrogat, whither he wold take the test, or run the hazard of forfaulting his office.”
Though propounded again and again, “the silly curr, boding no ill, answered all their queries with silence, whilk had been registrat as a flat refusal, had not on of the lounes, mair bald then the rest, taken upon him to be his advocat, who standing up, pleaded that silence might as wel be interpreted assent, as refusal, and therupon insisted that it might be tendered to him in a way maist plausible, and in a poustar maist agreeable to his stomack.”
The debate lasted till all agreed “that ane printed copy should be thrumbled, of as little boulke as it could, and therafter smured over with tallow, butter, or what else might make maist tempting to his appetit: this done he readily took it, and after he had made a shift, by rowing it up and down his mouth, to separat what was pleasant to his pallat, and when all seemed to be over, on a sudden they observed somehat (ilke piece after another) droped out of his mouth, qwhilk the advocats on the other side said was the test, and that all his irksome champing and chowing of it, was only, if possible, to seperat the concomitant nutriment, and that this was mikel worse then an flat refusal, and gif it were rightly examined, would, upon Tryal, be found no less then Leising-making.”
The tyke’s advocate “opponed, that his enemies having the rowing of it up, might perhaps (through deadly spite) have put some crooked prin intil it; and that all the fumbling and rowing of it up and down his mouth, might be by reason of the prin, and not through any scunnering at the test itself; and that there was nought in the hail matter, that looked like Leising-making, except by interpretation, and his adversaries allowed to be the only interpreters.” Finally, he required that his client should have a fair trial before competent judges, “qwhilk was unanimously granted;” and on the trial “ther fell out warm pleading.”
The advocates against the tyke set forth, “that he was ou’r malapert, to take so mikel upon him; and that the chaming and cherking of the test belonged nought to him, nor to none like him, who served only in inferior offices; that his trust and power reached nought so far, and by what he had done, he had made himself guilty of mair nor abase refusal as was libelled.”
Those who defended the tyke, pleaded “that he could be guilty of nather, since he had freely taken it in his mouth, willing to have swallowed it down; and that ther was no fault in him, but in its self, that it passed not; since it fell a sqwabeling, one part of it hindering another;” that if it would “have agreed in its self to have gone down all one way, he wold blaithly swallowed it, as he had done many untouthsome morsel before, as was well known to all the court.”
To this was answered, that “all his former good service could not excuse his present guilt.”
“Guilt!” quoth another, “if that be guilt he hath many marrows, and why should he be worse handled than all the rest?”
Notwithstanding what was urged in the tyke’s behalf, the jury found he had so mangled the test, and abused it, that it was “interpretative treason,” and found him “guilty of Leising-making:” wherefore he was ordered to close prison till he should be again called forth and receive sentence “to be hanged like a dog.”