Publications of the Clan Lindsay Society - Electric Scotland
Publications of the Clan Lindsay Society - Electric Scotland Publications of the Clan Lindsay Society - Electric Scotland
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WAUCHOPE AND KARCLOY. ISO Elliots, Beattisons, and others, were active participators ill the turmoils of the locality. 'J'he t^herifl', therd'ore, may well have been able to show that to serve a summons in Wauchopedale was a dangerous under- takintT^ ; but this he did not do, and his nc'dect of the formality afforded ground for annulling the sentence. It was afterwards proved that the accused had no knowledge that the date of his trial had been fixed until after judgment had been pronounced against him in his absence. Had he been duly summoned, it was contended, he would have a])peared and put forward the defence which in 1593 moved Parliament to declare that the whole proceedings had been null and void from the beginning. That defence was to the effect that there was no crime of treason or lese majcste c(mtained in the pretended summons; that the alleged slaughter of the officers, if proved, would have been visited upon the committer by forfeiture of life and moveable goods, but not by the full peiialty of treason involving the forfeiture of lands and heritage ; and that as for the alleged convocation of the lieges, the making of bands, depredations, etc., these were not in their own nature treason, and in the indictment were improperly wet down in general terms, without specification of persons, times, and places.* Although it was not until 1593 that the sentence of forfeiture was formally rescinded, the illegality of it was early recognised, and steps were taken to make some amends for the injustice done. 4. considerable * Adi of Pari, Vol. IV., p. 11. — 2Gth Juny. 15U8-9, Patrick Dunwedy, having lied to England and returned, was ccnivicted of being art and part in the blaughter of the Laird of Glendinning, and waa hanged. Pitcairn, Oriminul Trials, Vol. I., Pt. I., p. 60.*
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