Blackwood's Edinburgh Magazine, Volume 63, No. 389, March 1848Various
History
Blackwood's Edinburgh Magazine, Volume 63, No. 389, March 1848
Various
England -- Periodicals; Scotland -- Periodicals
The earliest of the Scottish criminal records that have been preserved
begin in the reign of James IV., about the year 1488. Mr Pitcairn, who
has generously laid these early records before the public, not at the
expense of the record commission but at his own, says of them,--"The
books of adjournal and minute books of the supreme criminal tribunal
of Scotland, as well as the records of the Justice Aires, &c. at these
remote periods, were kept in an obscure forensic Latin. This
circumstance, added to the well-known difficulty of deciphering the
ordinary MSS. of these centuries, and the fact of the books now
preserved being generally mere scrolls and memoranda, written with
many contractions and evidently during the hurry of the court
proceedings, have hitherto rendered the task of examining them, and
presenting the public with the more important cases, a labour of a
peculiarly irksome and repulsive kind." We do not doubt it, and hence
our gratitude to Mr Pitcairn, for not only deciphering these
discouraging manuscripts, but translating the Latin into English.
Those indeed who, like ourselves, have perused his volumes--if any
other person _has_ perused them--owe a double debt of gratitude to Mr
Pitcairn; for he has enabled us to read, in excellent type, what we
would otherwise have had to decipher in distressing MS., and he has
given us the means of pursuing the task of research by our own
fireside, instead of in the interior of the Register House; while we
have the satisfaction to feel, in perusing his quartos, that the
number of people to whom, in common with ourselves, they have laid the
field open, is a very limited one indeed--so limited, that we shall
consider every quotation we make from his volumes as select and
valuable as if we were able to subjoin MS. _penes auct._ to it.
The earliest of these translations from the old Latin records contain
the minutes of circuit courts on the Borders. The entries are as like
each other as those of a police charge book. Plunder of cattle is the
perpetual theme, and the quantity of business done by individuals is
sometimes startling. Here is an ordinary specimen:--
"Walter Scott of Howpaslot, allowed to compound for treasonably
bringing in William Scott, called _Gyde_, John his brother, and other
traitors of Levyn, to the Hereship of Harehede. Item, for theftuously
and treasonably resetting of Henry Scott and other traitors of Levyn:
item, for the treasonable stouthrief of forty oxen and cows, and two
hundred sheep, from the tenants of Harehede, at the same time. Robert
Scott of Quhitchester became surety for his entry at the next Justice
Aire."
Such were the gentry who, in the words of the namesake of Howpaslot,
"Drove the beeves that made their broth,
From England and from Scotland both."
Public-domain text, read in full here on John Shaqi.
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