A collection and abridgement of celebrated criminal trials in Scotland, from A.D. 1536, to 1784. With historical and critical remarks / By Hugo Arnot, esq.

Date:
1785
Catalogue details

Licence: Public Domain Mark

Credit: A collection and abridgement of celebrated criminal trials in Scotland, from A.D. 1536, to 1784. With historical and critical remarks / By Hugo Arnot, esq. Source: Wellcome Collection.

    110/434 (page 80)
    1698 made to coiividt the abfentee, or the favagenefs of his condu<£l:, or the abfolute do)ninIon that he poflefled over his followers, and directed to purpofcs the rnoft fliocking to human nature. By the law of Scotland, outlawry, even for treafon, inferred the forfeiture only of perfonal eftate. It was fandlioned by fta- tute, that trials for treafon could not be taken in abfence ; but that the whole accufation ■*, argument, and evidence, Ihould be led in prefence of the accufed, and no otherwife. So anxioufly did the profefiional lawyers adhere to this form, that, as our ju- rifprudence admitted, under certain limitations, of trial after death f, for this heinous offence, on fuch occafions, the bones of the deceafed were dug out of the grave and formally prefented in Court. When the Covenanters were defeated in the battle of Pentland, - a defire to arm infulted majefly with additional terrors, or to enrich the fervants of the Crown with unlawful fpoil, induced the Minifters of Charles to attempt, in abfence of the accufed, the trial of thofe rebels, and the forfeiture of their eftates. And, although the complaifant difpofition of Parliament gav£ every reafon to conclude that they would not have hefitated -to pafs a law to this effed: ; yet it fuited better the views of a.<tyrannical adminiftration to operate this innovation in law, by the decree of Judges who were appointed, and might be removed at pleafure, than by the authority of the Great Council of the Nation. Before ^ Bankton’s Inft. vol. 2. p. 251.; Erfkine’s Fol. Inft. p. 733.; James VI. Pari, nth, c. 90. Mackenzie’s Crim. Tit. Treafon, ^ 22. 23. f See trial of the Earl of Gowry, p. 20. of Logan of Reftalrig,.p. 46.