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.

    133/434 (page 103)
    condition under which alone the attainder was to take place, viz. 1754 the ^ riibner’s not furrendering himfelf before a day certain, never cxilted, for the prifoner did actually furrender himfelf to a juftice of peace within the time prefcribed by the a£t. They argued, it was not neceflary to prove that the juftice of peace had taken the oaths, or officiated in that capacity, for thefe are not mentioned as requifites in the flatute: That the prifoner had fairly fubmit- ted to juftice; and Sir Alexander M‘Donald, to whom he fur- rendered himfelf, was a gentleman of known affedlion to his Majefty’s government, who at that very time was at the head of a confiderable body of militia employed in his Majefty’s fervice: That his not being committed to jail did not affedt the validity of the furrender; for, even fuppofing it to have been Sir Alex- ander’s duty .to have committed him, it was abfurd, that, by^rea- fon of Sir Alexander’s Ignorance, or negledt of duty impofed on- him by the ftatute, the prifoner ffiould incur the pains of trea- fon: That the prifoner muft be held as having been under the protedion of government, not only from'his furrender to a juf- tice of peace, but likewife from his having received a pafs from the Earl of Albemarle, commander of his Majefty’s forces, by virtue of which he remained unmolefted; but, in the month of Auguft 1746, he and his father, then in the country of Moidaft, out of private pique, were feized by certain of the Clan Came- ron, put on board a veflel, carried to France, and there kept in clofe cuftody for a twelvemonth: On their efcape from France, and return to Scotland, both father and fon were apprehended by a party of his Majefty’s forces; the father died in confine- ment; but the prifoner, upon a juft reprefentation of thefe fads, was immediately fet at liberty, and remained peaceably and open- ly at Inverle till July laft: That, as to no teftimony of the fur- render being admiffible but written record, no fuch requifite was prefcribed by the ftatute ; and it were ftrange if parole evidence could