Criminal Trials in Scotland

^{Accounts of Treason, Slaughter, Bigamy, and Theft involving Guthries.}

Introduction

Robert Pitcairn (1793–1855), a Scottish antiquary, Writer to the Signet, and Fellow of the Society of Antiquaries of Scotland, produced one of the foundational collections of early modern Scottish criminal records. Between 1829 and 1833 he systematically extracted and annotated material from the original registers and manuscripts of the High Court of Justiciary, covering the period from 1488 to 1624. The resulting work documents trials for treason, murder, witchcraft, theft, and a wide range of other offences across the reigns of James IV, James V, Mary Queen of Scots, and James VI. Pitcairn’s careful transcriptions, supported by extensive historical notes and illustrations, remain an indispensable primary source for legal, social, and genealogical research into sixteenth- and early seventeenth-century Scotland.

The same body of material was issued in two closely related formats. It first appeared in ten successive parts between 1829 and 1833 under the title Criminal Trials and Other Proceedings before the High Court of Justiciary in Scotland. Upon completion, the collection was reissued in 1833 with new title pages as Ancient Criminal Trials in Scotland, arranged in three volumes comprising seven parts and published as Bannatyne Club Publication No. 42 (some sets were also distributed through the Maitland Club). Although the physical division into volumes and parts differs, and the title pages vary, the underlying content—drawn from the same Justiciary Court records—is essentially identical.

These volumes are particularly valuable for family historians because they preserve the names, relationships, and circumstances of both prominent and ordinary individuals who appeared before the High Court. In many cases Pitcairn’s extracts provide the only detailed surviving account of a given trial or the people involved in it.

Citations

Pitcairn, Robert. Criminal Trials and Other Proceedings before the High Court of Justiciary in Scotland. 10 parts. Edinburgh, 1829–1833.

Pitcairn, Robert. Ancient Criminal Trials in Scotland: Compiled from the Original Records and MSS., with Historical Illustrations, &c. 3 vols. in 7 parts. Edinburgh: Printed for the Bannatyne Club, 1833.

No.42
Ancient Criminal Trials in Scotland
Volume I. Part First.

This is Bannatyne Club Publication No. 42, a major three-volume (issued in seven parts) collection of transcripts and abstracts of Scottish criminal trials drawn primarily from the Books of Adjournal of the High Court of Justiciary and related manuscripts covering the period from 1488 to 1624. Edited by the advocate and antiquary Robert Pitcairn, the work supplies extensive historical notes and contextual commentary alongside the legal proceedings, making it an essential source for late-medieval and early-modern Scottish legal, social, and family history.

Pitcairn, Robert, ed. Ancient Criminal Trials in Scotland; Compiled from the Original Records and MSS., with Historical Illustrations, &c. 3 vols. in 7 parts. Edinburgh: Bannatyne Club, 1833. (Bannatyne Club Publications, No. 42.)

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume 1, Part 1

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 72

Date of the Entry 14 December 1510 (court sitting); 18 December 1510 (trial)

Guthrie(s) Identified

• Alexander Guthrie de eodem, miles (Alexander Guthrie of that Ilk, knight)

Other Primary Parties Identified

• Andrew, Lord Gray (principal Justiciar, for whom Guthrie acts as depute)
• George Tuedy (accused)
• William Young (the deceased, described as a common thief)

Original Document Language Latin (court heading) and Scots/English (narrative)

Purpose Record of a sitting of the Justice Ayre of Peebles and the subsequent trial of George Tuedy for the slaughter of William Young.

Guthrie Role Justiciar Depute presiding over the Justice Ayre of Peebles in place of Andrew, Lord Gray.

Modern English Translation Court of the Justice Ayre of Peebles, held on Saturday, 14 December 1510, before Alexander Guthrie of that Ilk, knight, Justiciar Depute of Andrew, Lord Gray, etc.

Slaughter of a Common Thief. 18 December (Thursday, the fifth day of the Ayre). — George Tuedy delated of art and part of the Slaughter of William Young; and being accused thereof, the foresaid Justice depute, with the counsel and advice of the Lords then sitting as Assessors to him, because it clearly appeared that the said William had been and was a common Thief, as was proved by sundry of the King’s Letters under his signet and subscription-manual for taking the said William, etc., and that he had been slain in the commission of Theft and crimes: Therefore the said George was acquitted of the crime of the foresaid Slaughter; and command was given to the Justice Clerk that the said George should never thereafter be taken or indicted for the same.

Historical or Genealogical Significance

• Records Alexander Guthrie of that Ilk, styled knight, acting as Justiciar Depute in the Justice Ayre of Peebles in December 1510.
• Demonstrates his high status and involvement in the administration of royal justice in the early 16th century.
• Consistent with other contemporary appearances of Alexander Guthrie of that Ilk in official capacities.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 143

Date of the Entry 5 August (16 James V – contextually 1529)

Guthrie(s) Identified

• James Guthry, Captain of the Castle of Crechtoune (James Guthrie, Captain of Crichton Castle)

Other Primary Parties Identified

• William Borthwick of Crukstoune (the injured party)
• John Lord Hay of Yester (owner of the lands where the sheep were grazing)
• Andrew Purves and ten others (found security to appear for the same crime)

Original Document Language Scots

Purpose Record of an amercement (fine) and assignment of a new term in a case of stouthreif (violent theft) and oppression.

Guthrie Role Accused (amerciated for failing to appear / underlying the law) as Captain of Crichton Castle, for art and part in the reiving of 100 sheep.

Modern English Translation 5 August. — James Guthry, Captain of the Castle of Crechtoune, amerciated for not underlying the law for art and part of the Stouthreif and Oppression done to William Borthwick of Crukstoune, in ‘reiving’ from his servant and shepherd of 100 sheep, being at the grazings upon the lands belonging to John Lord Hay of Yester. New term assigned, under the pain of rebellion, etc. — Andrew Purves and ten others found security to appear at the Justice-aire of Edinburgh, to answer for the same crime.

Historical or Genealogical Significance

• Records James Guthrie as Captain of Crichton Castle in 1529.
• Places him in a military/administrative role connected with a significant Border/Lothian stronghold and involved in a case of violent theft of livestock.
• Provides an early 16th-century appearance of a Guthrie holding an official castle captaincy.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 254 (Appendix)

Date of the Entry 10 January 1539/40

Guthrie(s) Identified

• Johne Guthre of Balnabrech (John Guthrie of Balnabrech)

Other Primary Parties Identified

• Patrick Annand (the deceased / injured party, described as “vmqle” – the late)

Original Document Language Scots

Purpose Record of a royal respite (temporary protection from prosecution) granted in the Appendix of the Criminal Trials.

Guthrie Role Recipient of a 19-year respite for the crime of mutilation.

Modern English Translation 10 January. — Respite to John Guthrie of Balnabrech for the Mutilation of the late Patrick Annand, etc.: For 19 years.

Historical or Genealogical Significance

• Records John Guthrie of Balnabrech receiving a 19-year respite in January 1539/40 for the mutilation of Patrick Annand.
• Places a member of the Balnabrech branch of the family in a serious criminal matter in the late 1530s.
• Consistent with other mid-16th-century appearances of Guthries associated with Balnabrech / Balnabreche lands.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 313 (Appendix)

Date of the Entry 28 James V (contextually 1540–41 period of the Appendix lists)

Guthrie(s) Identified

• Johnne Guthre (John Guthrie)

Other Primary Parties Identified

• Various members of the royal household (William Baird, James Wod, Normond Lesley, Patrik Kircaldy, James Watsoune, Johnne Tennent, and others listed in the same item)

Original Document Language Scots

Purpose Entry in a list of payments or rewards made to members of the royal household and officers.

Guthrie Role Yeoman in the King’s Chamber (listed among those receiving a uniform payment).

Modern English Translation Item, to William Baird, James Wod, Ushers of the Outer-Chamber-Door; Normond Lesley, Patrik Kircaldy, Johnne Guthre, and James Watsoune, yeomen in the King’s Chamber; Johnne Tennent, yeoman in the Wardrobe; … ilkane of thir personis, xiiij s. vj d., summa …

Historical or Genealogical Significance

• Records a John Guthrie serving as a yeoman in the King’s Chamber during the reign of James V.
• Places a member of the family in a personal, household role close to the monarch in the early 1540s.
• Distinct from the landed “of Balnabrech” or “of that Ilk” appearances; this is a court/household context.

No.42
Ancient Criminal Trials in Scotland
Volume I. Part Second.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume 1, Part 2

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 16

Date of the Entry 1570 (same day as the preceding entry on the page)

Guthrie(s) Identified

• Archibald Guthre (Archibald Guthrie), bailie for the Commendator of Arbroath
• Alexander Guthre de Kincoldrum (Alexander Guthrie of Kincaldrum)

Guthrie Role

• Archibald Guthrie acted as bailie for George, Commendator of the Monastery of Arbroath, and replegiated the accused to the privilege and jurisdiction of the Regality of Arbroath.
• Alexander Guthrie of Kincaldrum became surety (pledge) for the entry of the accused to underlie the law for the said crime.

Other Primary Parties Identified

• Robertus Rait, Robertus Wishart, Joannes Richie, and Joannes Fettes (the accused)
• Willelmus Sibbald (the injured party, brother of David Sibbald of Cair)
• George, Commendator of the Monastery of Arbroath
• Willelmus Rait de Halgrene (additional pledge for the administration of justice)

Original Document Language Latin (with Scots verdict)

Purpose Replegiation of four men accused of the invasion and cruel wounding of William Sibbald to the Regality of Arbroath, with sureties found for their appearance.

Modern English Translation On the same day as above. Robert Rait, Robert Wishart, John Richie and John Fettes were delated of art and part of the invasion of William Sibbald, brother of David Sibbald of Cair, for his wounding and the cruel wounding of the same in his head, to the great effusion of his blood, by the discharge of a small firearm (the bent pistol), and leaving him in danger of death, committed on the last day of April last at the hill called St Gilbert’s-hill, as is more fully contained in the royal letters directed thereupon.

By Archibald Guthrie, bailie in this part for George, Commendator of the Monastery of Arbroath, by virtue of the commission of the same, they were replegiated to the privilege and jurisdiction of his Regality, as if dwelling within the bounds of the same; assigning the third day of the next ayre of the said Regality, or elsewhere upon fifteen days’ premonition, for their appearance to underlie the law for the said crime.

Pledge: Alexander Guthrie of Kincaldrum, for their entry to underlie the law for the said crime; and the foresaid William Rait of Halgrene became pledge for the administration of justice in the premises, according to the form of law.

Historical or Genealogical Significance

• Records Archibald Guthrie acting as bailie for the Commendator of Arbroath in 1570.
• Records Alexander Guthrie of Kincaldrum acting as surety in the same proceedings.
• Continues the documented involvement of both the Kincaldrum branch and other Guthries in legal and jurisdictional matters in Angus.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 29

Date of the Entry 28 December 1571 (5 James VI)

Guthrie(s) Identified

• Alexander Guthre, burges of Edinburgh (Alexander Guthrie, burgess of Edinburgh)

Guthrie Role Accused (delated) of assisting the rebels who were holding the town of Edinburgh against the King.

Other Primary Parties Identified

• Robert Rynd and Johanne Fergusoune, burgesses of Edinburgh (pledges / sureties)

Original Document Language Scots

Purpose Record of a delation for treason (assisting the rebels in withholding the town of Edinburgh) and the finding of sureties for the accused’s appearance.

Modern English Translation 28 December. — Alexander Guthre, burgess of Edinburgh. Delated of the assistance made and given by him to the rebels, withholders of the town, in fortifying, strengthening and detaining thereof against our sovereign lord and his authority. — Pledges: Robert Rynd and John Fergusoune, burgesses of Edinburgh, jointly and severally. To the last day of January next to come; and thereafter continued to the penult day of August.

Historical or Genealogical Significance

• Records Alexander Guthrie, burgess of Edinburgh, charged in December 1571 with assisting the rebels who held Edinburgh against the young King James VI (during the Marian civil war period).
• Provides a clear political/criminal appearance of an Edinburgh Guthrie during the turbulent early years of James VI’s minority.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Pages 74–76

Date of the Entry 29 June 1577 (10 James VI)

Guthrie(s) Identified

• Alexander Guthre of that Ilk (Alexander Guthrie of that Ilk)
• David Guthre, fiar of Kincaldrum (David Guthrie, fiar of Kincaldrum)
• Henrye Guthere of Colestoune (Henry Guthrie of Colestoun)

Guthrie Role All three served as members of the Assize (jury) in the trial of Sir David Grahame of Fintry and his brothers.

Other Primary Parties Identified

• Sir David Grahame of Fintry, knight, and his brothers Walter and James Grahame (the accused)
• Johnne Pegot (the person alleged to have been taken)
• Robert Belouch / Betoune of Westhall (the rebel with whom they were accused of intercommuning)

Original Document Language Scots

Purpose Trial of Sir David Grahame of Fintry and his brothers for oppression (the taking of John Pegot) and for intercommuning with the rebel Robert Betoune of Westhall.

Modern English Translation (Assize list extract)

Assize: Gilbert Ogilbye of that Ilk, George Gray of Scheilhill, David Rossie of that Ilk, Thomas Fotheringhame of Powrie, George Drummond of the Blair, David Lindesay of Edzell, Alexander Guthre of that Ilk, Robert Durhame of the Grange, David Guthre, fiar of Kincaldrum, George Haliburtoune of Petcure, Henrye Guthere of Colestoune, The Laird of Auchinlek, Robert Erskyn, fiar of Dun, George Somer of Balzordie, Alexander Lauder of Winmoquhe.

Historical or Genealogical Significance

• Records three members of the Guthrie family serving together on the same assize in 1577: – Alexander Guthrie of that Ilk – David Guthrie, fiar of Kincaldrum – Henry Guthrie of Colestoun
• Demonstrates the continued local standing and involvement of both the principal Guthrie of that Ilk line and the Kincaldrum branch in the administration of justice in the 1570s.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury of assize in a criminal trial before the Justice Court or Justice Ayre.
• Fiar: The person holding the fee (heritable right) of a property, as opposed to a liferenter.
• Intercommuning with rebels: The crime of communicating, assisting, or harbouring persons who had been declared rebels (often under process of horn).
• Replegiation: The process by which a lord of regality could reclaim jurisdiction over a person residing within his bounds.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Pages 77–78

Date of the Entry 26 February 1577/78 (11 James VI)

Guthrie(s) Identified

• Mr Alexander Guthre (Master Alexander Guthrie)

Guthrie Role Prelocutor (counsel) in defence for the accused in a slaughter trial.

Other Primary Parties Identified

• Williame Thrisle in Dundie, skipper of the Nychtingall, and others (the accused)
• Robert Watsoun in Leyth (the deceased)
• Elizabeth Andersoun, relict of the deceased, and the three fatherless children (pursuers)

Original Document Language Scots

Purpose Trial of William Thrisle (skipper of the ship Nightingale) and several mariners for the cruel slaughter of Robert Watson in Leith, committed in October 1577.

Modern English Translation (Relevant extract)

Prelocutors in defence: The Constable of Dundee, Mr Johnne Scharp, The Laird Eggell, Mr Alexander Guthre, The Master of Glammis, Mr Richard Strang.

Verdict: On the margin of the Record, ‘Omnes Acquit, de omnibus infra script.’ (All acquitted of all the crimes written below.)

Historical or Genealogical Significance

• Records Master Alexander Guthrie acting as prelocutor (defence counsel) in a criminal trial before the Justice Court in 1578.
• The designation “Mr” indicates he was a university graduate, consistent with other educated members of the family appearing in legal roles in this period.

Legal Terms and Scottish Practices

• Prelocutor / Preloquitour: Counsel or advocate speaking on behalf of a party (here, for the defence).
• Dilatio / Delation: Formal accusation or indictment.
• Assize verdict recorded in Latin on the margin: A common practice in the Books of Adjournal.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 343

Date of the Entry 13 May 1549

Guthrie(s) Identified

• Mr Hugh Guthre (Master Hugh Guthrie)

Guthrie Role Victim of the alleged cruel slaughter.

Other Primary Parties Identified

• James Wod of Bonyngtoune (accused of art and part in the slaughter)
• Richard Maitland of Lethingtoune (surety)

Original Document Language Scots

Purpose Record of a delation (accusation) for slaughter, with the accused being excused as sick and finding surety to appear at the next Justice Ayre of Forfar.

Modern English Translation 13 May. — James Wod of Bonyngtoune delated of art and part of the cruel Slaughter of Mr Hugh Guthre. — Proved to be sick. Richard Maitland of Lethingtoune became surety for his entry at the next Aire of Forfar.

Historical or Genealogical Significance

• Records the death by violence of Master Hugh Guthrie in or before May 1549.
• The use of “Mr” (Master) indicates he was a university graduate or cleric.
• The case was to be heard at the Justice Ayre of Forfar, placing the event in that sheriffdom.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 408

Date of the Entry 12 March 1560/61 (with follow-up on 30 April)

Guthrie(s) Identified

• Alexander Guthrie in Elgyne (Alexander Guthrie in Elgin), burgess of Elgin

Guthrie Role Accused (delated) of art and part in an armed convocation and the wounding of Lady Pittendreich’s servants. Later amerciated for non-appearance and denounced rebel.

Other Primary Parties Identified

• James Hay of Mayne and George Monro of Dalcarthy (fellow accused)
• Elizabeth Douglas, Lady of Pittendreich (whose tenants and servants were attacked)
• Alexander Robertsone in Pittendreich and Alexander Henry in Brounsyde (the wounded parties)

Original Document Language Scots

Purpose Record of a delation for illegal convocation of the lieges and the wounding of Lady Pittendreich’s servants, with subsequent proceedings for non-appearance.

Modern English Translation 12 March 1560/61. — James Hay of Mayne, George Monro of Dalcarthy, Alexander Guthrie in Elgin, and seven other burgesses of Elgin, delated for Convocation of our sovereign lady’s lieges, to the number of eight score persons or thereby, on the 8th day of January last bypast, armed in fear of war, contrary to the Acts of Parliament, and setting upon Alexander Robertsone in Pittendreich, etc., tenants and servants to Elizabeth Douglas, Lady of Pittendreich, and hurting and wounding them in diverse parts of their bodies, to the great effusion of their blood, and left the said Alexander Robertsone and Alexander Henry (in Brounsyde) lying for dead, upon old feud and forethought felony, etc.

Guthrie and two others [ordered] to answer at the next ayre of Elgin and Forres. — (30 April) Amerciated for non-appearance, (and denounced rebels).

Historical or Genealogical Significance

• Records Alexander Guthrie, burgess of Elgin, involved in a serious case of armed convocation and wounding in early 1561.
• Shows a Guthrie presence in Elgin (Moray) and participation in local feuding.
• He failed to appear at the subsequent Justice Ayre and was denounced rebel.

Legal Terms and Scottish Practices

• Convocation of the lieges: The illegal gathering of armed men, contrary to Acts of Parliament.
• Forethought felony: Premeditated crime (as opposed to hot-blooded action).
• Amerciated for non-appearance: Fined for failing to appear when summoned.
• Denounced rebel: Formally declared rebel after non-appearance (process of horn).

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 411

Date of the Entry 1 December 1561

Guthrie(s) Identified

• Thomas Guthre of Kynbach (Thomas Guthrie of Kinbach / Kynbach)

Guthrie Role Protester – claimed damage and skaith because he had been charged by Letters to underlie the law, yet no party appeared to pursue him.

Other Primary Parties Identified

• James Schoriswod (accused of the slaughter of Lady Ullesthaven)
• Helene Stirling, Lady Ulleshevene (the deceased)
• James Stratoune and James Lychtoun, Parson of Dunloppy (who offered to pursue the case)

Original Document Language Scots

Purpose Record of proceedings in the case of the slaughter of Lady Ullesthaven, including a protest by Thomas Guthrie of Kynbach.

Modern English Translation Thomas Guthre of Kynbach protested for his damage and skaith sustained by him, that insofar as he was charged by the Letters to underlie the law, and that no party compeared to pursue him, that he might recover the same, either upon the officer executor of the Letters or the party; and thereupon asked instruments.

Historical or Genealogical Significance

• Records Thomas Guthrie of Kynbach in 1561 as a person who had been cited to appear in a serious criminal case (the slaughter of Lady Ullesthaven) but against whom no pursuer appeared.
• Provides a mid-16th-century appearance of a Guthrie holding the designation “of Kynbach.”

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 433

Date of the Entry 7 July 1563

Guthrie(s) Identified

• Mr Hew Guthrie (Master Hugh Guthrie) – the deceased
• Alexander Guthrie, Messenger

Guthrie Role

• Mr Hew Guthrie is the victim of the slaughter (committed in February 1548 under the Castle wall of Brechin).
• Alexander Guthrie, Messenger, is one of the three men finding caution to answer for art and part in that slaughter.

Other Primary Parties Identified

• James Wod of Bonyngtoune and William his brother (co-accused)
• Lord Ruthven (cautioner)
• Cristeane Rettray and William Tyrie (her spouse) – pursuers (who passed from the pursuit of the Laird at this time)
• Mr John Hepburne in Brechin and John Low (additional sureties for assythment)

Original Document Language Scots

Purpose Record of caution being found by James Wod of Bonyngtoune, his brother William, and Alexander Guthrie, Messenger, to appear at the next Justice Ayre of Forfar to answer for the slaughter of Master Hugh Guthrie.

Modern English Translation 7 July. — James Wod of Bonyngtoune, William his brother, and Alexander Guthrie, Messenger, found Lord Ruthven cautioner for their entry at the next Aire of Forfar, to underlie the law for ‘arte and parte of the Slaughter of the late Mr Hew Guthrie, under the Castell-wall of Brechin, in the month of February 1548 years; upon old feud, set purpose, provision, and forethought felony.’

Cristeane Rettray and William Tyrie, ‘now her spouse,’ pursuers, ‘pass from the pursuit of the Laird at this time’; whereupon the Laird took instruments.

The said William Wod ‘asked instruments that he required the Laird, his brother, to read the special Remission granted to him and the said William and others for the said Slaughter, to the effect that he might use the same.’ The said Laird ‘answered that he had already produced a Remission sufficient for the said William for the said crime.’

Mr John Hepburne in Brechin and John Low became sureties along with the said William for Assythment of party.

Historical or Genealogical Significance

• Confirms the earlier 1549 reference: Master Hugh Guthrie was killed under the Castle wall of Brechin in February 1548.
• Shows the case still active in 1563, with James Wod of Bonyngtoune and others (including a messenger named Alexander Guthrie) still under obligation to answer for it.
• Links the death of Master Hugh Guthrie to a long-running feud involving the Woods of Bonnyton.

Legal Terms and Scottish Practices

• Assythment: Compensation paid to the kin of a slain person as part of settling a blood feud.
• Forethought felony: Premeditated killing.
• Remission: Royal pardon or letter of remission for a crime.
• Cautioner / Surety: Person who becomes bound for the appearance of the accused or for payment of assythment.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Pages 442–450

Date of the Entry 6–23 June 1564 (with related Act of 15 March 1563/64)

Guthrie(s) Identified

• Alexander Guthrie / Guthre / Guthré, Commoun Scribe (Town Clerk) of Edinburgh

Guthrie Role

• One of the Magistrates / Councillors of Edinburgh charged with art and part in releasing William Patersoune from the Tolbooth.
• Common Scribe (Town Clerk) of Edinburgh; ordered to produce the Common Book containing the relevant Acts.
• Subscriber of an Act dated 15 March 1563 concerning the release.

Other Primary Parties Identified

• Maister Johne Spens, Dauid Symmer, Mr Robert Glen (Bailies)
• Eduard Houpe, James Barroune, Alexander Park (Treasurer), and other Councillors
• William Patersoune (the prisoner who was released)
• Nicoll Ȝoung (the injured party who later died of his wounds)
• The Queen’s Advocates (pursuers)

Original Document Language Scots

Purpose Criminal proceedings against the Magistrates and Council of Edinburgh for releasing William Patersoune from the Tolbooth after he had mortally wounded Nicoll Ȝoung. The case involves arguments about jurisdiction, whether the release constituted a crime, and the production of the town’s official records.

Modern English Translation 6 June 1564. — Master John Spens, David Symmer, Mr Robert Glen (Bailies), together with other members of the Council, and Alexander Guthrie (Common Scribe / Town Clerk of Edinburgh), were charged with art and part in setting William Patersoune, burgess of Edinburgh, at liberty from the Tolbooth after he had recently wounded the late Nicoll Young (who was lying in danger of death). Young died of the injury within twenty-four hours of Patersoune’s release.

The Queen’s Advocates required Alexander Guthrie, Common Scribe of Edinburgh, in the Queen’s name, to produce immediately the Common Book in which the Acts concerning the release of William Patersoune were recorded.

An Act dated 15 March 1563, produced by the Advocate and subscribed by Alexander Guthrie, was also brought into the proceedings.

Historical or Genealogical Significance

• Records Alexander Guthrie as Common Scribe (Town Clerk) of Edinburgh in 1563–64.
• Shows him both as one of the officials charged in a high-profile case and as the keeper of the burgh’s official records that were demanded in court.
• Provides a clear mid-16th-century appearance of a Guthrie holding a senior administrative office in the capital.

No.42
Ancient Criminal Trials in Scotland
Volume I. Part Third.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume 1, Part 3

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 3, Page 258

Date of the Entry 21 May 1591 (at Edinburgh)

Guthrie(s) Identified

• Alexander Guthrie, fiar (and apparent) of Kincaldrum

Guthrie Role Cautioner and surety for William Douglas, Master of Angus (eldest lawful son of William, Earl of Angus). He bound himself that the Master of Angus would go to Dundee within four days, remain there until he sailed out of the realm within forty days, and not return without the King’s licence, under a penalty of ten thousand pounds.

Other Primary Parties Identified

• William Douglas, Master of Angus (the person for whom caution was found)
• William, Earl of Angus (his father)
• William, Maister of Angus and David Grahame of Fintrie (the preceding entry on the same page, who had been ordered to lose their liferents for declining the true religion)

Original Document Language Scots

Purpose Record of caution found by Alexander Guthrie of Kincaldrum for the temporary exile of the Master of Angus.

Modern English Translation 21 May, at Edinburgh. — Alexander Guthrie, fiar of Kincaldrum, became acted and obliged as cautioner and surety to William Douglas (Master of Angus), eldest lawful son to William, Earl of Angus, that he shall repair to the town of Dundee within the space of four days after the date hereof, and therein remain until he make sail and depart forth of this realm within the space of forty days thereafter: And that he shall not return again within the same without his Majesty’s licence obtained to that effect, under the pain of ten thousand pounds.

(Subscribed) Alexander Guthrie, apparent of Kincaldrum.

Historical or Genealogical Significance

• Records Alexander Guthrie as both fiar and apparent of Kincaldrum in May 1591.
• Shows him acting as a high-value surety (£10,000) for the Master of Angus in a politically sensitive matter involving religious non-conformity and temporary banishment.
• Continues the documented prominence of the Kincaldrum branch in national affairs in the early 1590s.

Legal Terms and Scottish Practices

• Fiar / Fear: Holder of the fee (heritable right) of the lands.
• Apparent / Appeirand: The heir-apparent.
• Cautioner / Surety: Person who becomes bound under a monetary penalty for another’s performance of an obligation (here, exile and non-return).
• Acted and obliged: Formally entered in the court books as bound.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 3, Pages 352–353

Date of the Entry 23 December 1595 (charges issued); appearance appointed for 8 February (for Guthrie of that Ilk)

Guthrie(s) Identified

• Guthrie of that Ilk

Guthrie Role One of the persons charged to appear before the King and Council at Holyroodhouse concerning a deadly feud, ordered to keep their lodgings after arrival until specially sent for.

Other Primary Parties Identified

• David, Earl of Crawford (listed with Guthrie of that Ilk for the same appearance date)
• Numerous other nobles and lairds charged on various dates (Master of Eglintoun, Earl of Glencairn, Earl of Montrose, etc.)

Original Document Language Scots

Purpose Royal charge against persons involved in deadly feuds, requiring them to appear before the King and Council so that order might be taken for removing the feuds.

Modern English Translation (Relevant extract)

23 December. — ‘Charge against persons under deadly feud,’ to appear before the King and Council ‘at Haliruidhous;’ and ‘that they keep their lodgings after their coming, until they be specially sent for,’ etc.

… David, Earl of Crawford, and . . . Guthrie of that Ilk, upon 8 February …

To underlie such order as shall be prescribed touching the removing of the said feuds, etc. With certification that if they fail, ‘they shall be reputed, held and pursued with fire and sword, as enemies to God, his Majesty, and to the common weal and quietness of this their native country, with all rigour and extremity.’

Historical or Genealogical Significance

• Records the Laird of Guthrie (Guthrie of that Ilk) as a party to a deadly feud in late 1595, significant enough to be summoned before the King and Council alongside the Earl of Crawford.
• Demonstrates the continued involvement of the principal Guthrie line in the feud culture of late-16th-century Scotland and the Crown’s efforts to suppress it.

Legal Terms and Scottish Practices

• Deadly feud: A state of ongoing private warfare or blood feud between kindreds.
• Charge to appear before the King and Council: A common mechanism used by James VI to force warring parties to submit to arbitration or royal order for the removal of feuds.
• Certification of fire and sword: The formal warning that non-compliance would result in being treated as public enemies.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 3, Pages 372–373

Date of the Entry 8 June 1596 (with royal warrant dated 4 June 1596)

Guthrie(s) Identified

• Alexander Guthre of that Ilk (the deceased)
• Isobel Wod, Lady Guthre (his relict)
• James Guthre of Gagye
• David Guthre and Gabriell Guthre (sons of the deceased)
• The kin and friends of the late Alexander Guthre of that Ilk

Guthrie Role

• Alexander Guthre of that Ilk is the victim of the cruel slaughter.
• His widow (Isobel Wod, Lady Guthre), James Guthrie of Gagye, and his sons David and Gabriel, together with the kin and friends, are the pursuers who purchased letters to bring Thomas Gardyn to justice.
• James Guthrie of Gagye compears, produces the letters, and takes surety.

Other Primary Parties Identified

• Thomas Gardyn, sometime in Bandoch, now in Legatstoun (the accused)
• Mr Jacobus Fowlis (Justice-Depute)
• Mr David Peirsoun (who produced the royal warrant)

Original Document Language Scots (with Latin heading and royal warrant in Scots)

Purpose Proceedings against Thomas Gardyn for the cruel slaughter of Alexander Guthrie of that Ilk, including the production of letters by the widow and kin, the finding of surety, and the subsequent royal deferral of the diet because the feud had been submitted to the Council for reconciliation.

Modern English Translation

[Mr Jacobus Fowlis, Justice-Depute, constituted by commission of our sovereign lord the King.]

Slaughter.

8 June. — Thomas Gardyn, sometime in Bandoch, now in Legatstoun.

Compeared James Guthrie of Gagye, and produced our sovereign lord’s letters, duly executed and endorsed, which had been purchased by Isobel Wod, Lady Guthre, the relict; James Guthre of Gagye; David and Gabriel Guthries, sons; together with the kin and friends of the late Alexander Guthre of that Ilk. These letters were to take surety of Thomas Gardyn, sometime in Bandoch, now in Legatstoun, that he should compear before our Sovereign’s Justice and his Deputes this day and place, and underlie the law for art and part of the cruel slaughter of the said late Alexander Guthre of that Ilk. He desired process thereupon, and protested that he, as cautioner, should be relieved of his cautionary obligation.

Compeared Mr David Peirsoun, and produced a Warrant of his Majesty, dated at Linlithgow the 4th day of June instant, to desert the diet; and he desired that the same should be obeyed. The tenor of the Warrant follows:

REX,

Justice, Justice-Clerk and your deputes, We greet you well. Forasmuch as it is understood to us that our other Letters have been raised, at the instance of the children, kin and friends of the late Alexander Guthre of that Ilk, and of our Advocates for our interest, for calling of Thomas Gardyn of Bandoch to underlie our laws before you, upon the 8th day of June instant, for art and part of the Slaughter of the said late Alexander, as our said Letters at length bear: Notwithstanding whereof, in respect We have already caused that deadly feud standing between the houses of Gardyn and Guthre, among others, to be assured and submitted to certain of our Council, Barons and Ministers, for reconciliation and removing thereof; all such pursuits would in the meantime be stayed that may hinder the same: And therefore it is our will, and We command you, that upon the sight hereof you desert the said diet, appointed the said 8th day of June instant; and in no wise unlaw the said Thomas nor his cautioner for not entering thereat, but desist from all manner of proceeding therein; that according to the submission, the remaining of the feud may be the better handled, and proceed without impediment. As you will answer to us upon your office and obedience: Whereanent these presents shall be your warrant. Subscribed with our hand, at Linlithgow, the 4th day of June, 1596.

(Signed) JAMES R.

Which Warrant the Justice obeyed, and thereupon deserted the said Court, in respect that no contrary warrant was produced.

Historical or Genealogical Significance

• Records the violent death of Alexander Guthrie of that Ilk at the hands of Thomas Gardyn.
• Explicitly names his widow Isobel Wod (styled Lady Guthre) and at least two sons, David and Gabriel.
• Shows James Guthrie of Gagye acting on behalf of the family in the prosecution.
• Demonstrates that a formal deadly feud existed between the houses of Guthrie and Gardyn, which King James VI was actively attempting to settle by compulsory arbitration in 1596.

Legal Terms and Scottish Practices

• Letters purchased by the kin: Private criminal prosecution initiated by the widow and nearest of kin.
• Taking surety / caution: Binding the accused (or a cautioner for him) to appear under financial penalty.
• Deadly feud submitted to the Council: The Crown’s preferred method in the 1590s for ending private warfare by compulsory arbitration before members of the Privy Council, barons and ministers.
• Deserting the diet: Formally abandoning or postponing the appointed trial day by royal warrant.

No.42
Ancient Criminal Trials in Scotland
Volume II. Part First.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume II, Part 1

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Page 74

Date of the Entry 30–31 January 1599 (warrant dated 30 January 1598)

Guthrie(s) Identified

• Mr Dauid Guthre (Master David Guthrie)

Guthrie Role Prelocutor (counsel) for William Murray, the pursuer / injured party.

Other Primary Parties Identified

• George Home in Aytoune (the accused)
• Williame Murray, burgess of Edinburgh (the victim of the robbery)

Original Document Language Scots

Purpose Proceedings against George Home in Aytoune for umbesetting William Murray on Coldingham Moor and masterfully stealing a large sum of money from him. Master David Guthrie appears as counsel for the pursuer and requests a continuation.

Modern English Translation 30 January. — George Home in Aytoune.

Delated of umbesetting of William Murray, burgess of Edinburgh, upon Coldingham-moor, and masterfully stealing from him of one thousand three-score seven pounds 4s. 4d. in gold and silver.

Compeared Mr David Guthrie, as prelocutor for William Murray, who has special interest in this matter; and desired this matter may continue until the morrow, that he may come sufficiently instructed with probationes, that (he) cannot have for the present. — The pannel desired that he might be put to the knowledge of an Assize of country men.

31 January. — Compeared William Murray, merchant burgess of Edinburgh, and produced a Warrant, subscribed by the King’s Majesty… [ordering the proceedings against George Home to be stayed until further warrant].

Historical or Genealogical Significance

• Records Master David Guthrie acting as prelocutor (legal counsel) for a burgess of Edinburgh in a major robbery case in 1599.
• The designation “Mr” indicates he was a university graduate, consistent with other educated members of the family appearing in professional legal roles at this period.

Legal Terms and Scottish Practices

• Prelocutor / Preloquitour: Counsel or advocate speaking on behalf of a party.
• Umbesetting the highway: The crime of lying in wait on a public road to attack or rob travellers.
• Masterful theft: Theft committed with force or violence.
• Continuation for probationes: Postponement to allow the party to bring sufficient proof.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Page 101

Date of the Entry 14–18 December 1599 (33 James VI)

Guthrie(s) Identified

• Alexander Guthrie, elder of Kincaldrum
• David Guthrie, younger of Kincaldrum
• Gedeon Guthrie, in Lytill Lowre
• Williame Guthre of Langlandis of Guthrie
• Alexander Guthrie, fiar of that Ilk
• James Guthrie (the deceased), son to Alexander Guthrie (elder) of that Ilk

Guthrie Role

• Five members of the Guthrie family (together with two others) are delated of art and part in the slaughter of James Guthrie, son of Alexander Guthrie (elder) of that Ilk.
• The victim is himself a Guthrie of the principal line.

Other Primary Parties Identified

• Johne Rynd, younger of Kerse
• Arthour Erskyn, portioner of Auchterforfar
• Mr Robert Lyntoune and Mr Thomas Hammiltoune of Drumcarne (Advocates / pursuers)

Original Document Language Scots

Purpose Delation and initial proceedings against a group of men (including several Guthries) for the slaughter of James Guthrie, son of Alexander Guthrie of that Ilk, committed in June 1599. The case was continued and ultimately remitted to the Justice Ayre of Forfar.

Modern English Translation 14 December. — Alexander Guthrie, elder of Kincaldrum; David Guthrie, younger of Kincaldrum; John Rynd, younger of Kerse; Arthur Erskine, portioner of Auchterforfar; Gideon Guthrie, in Little Lowre; William Guthrie of Langlands of Guthrie; Alexander Guthrie, fiar of that Ilk.

Delated of art and part of the slaughter of the late James Guthrie, son to Alexander Guthrie (elder) of that Ilk; committed in June last bypast.

The Justice continues this matter to the morrow; and the Assize, compearing, were warned personally to compear the morrow; each person under the pain of two hundred marks.

15 December. — Continued to 18 December; the Inquest of new to compear the said day.

18 December. — Continued to the Justice-aire of the sheriffdom of Forfar, or sooner upon 15 days’ warning.

Historical or Genealogical Significance

• Records an intra-family (or closely related) killing: James Guthrie, son of Alexander Guthrie of that Ilk, was slain in June 1599.
• Among those accused are Alexander Guthrie, elder of Kincaldrum; his son David (younger of Kincaldrum); Gideon Guthrie in Little Lowre; William Guthrie of Langlands of Guthrie; and Alexander Guthrie, fiar of that Ilk.
• Demonstrates serious internal conflict involving both the principal Guthrie of that Ilk line and the Kincaldrum branch at the end of the 16th century.

Legal Terms and Scottish Practices

• Dilatio / Delation: Formal accusation before the Justice Court.
• Art and part: Being accessory to, or participating in, the crime.
• Continuation to the Justice Ayre: Remitting the case from the central court to the next circuit court of the relevant sheriffdom (here Forfar).
• Warning under pain of 200 marks: Standard penalty for non-appearance of assizers.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Page 103

Date of the Entry 8 January 1600 (33 James VI)

Guthrie(s) Identified

• Alexander Guthrie of that Ilk (the deceased)
• Alexander Guthrie, younger of that Ilk (the pursuer)

Guthrie Role

• Alexander Guthrie of that Ilk is the victim of the slaughter (committed in October 1587 by hamesucken).
• Alexander Guthrie, younger of that Ilk, is the pursuer of the action.

Other Primary Parties Identified

• Thomas Gairdyn of Legatstoune (the accused)
• William Stewart of Seytoun and George Gardin of Latoune (cautioners)

Original Document Language Scots

Purpose Delation of Thomas Gairdyn of Legatstoune for the hamesucken and slaughter of Alexander Guthrie of that Ilk in 1587. The accused produces a royal remission and is ordered to find caution to satisfy the party.

Modern English Translation 8 January 1600. — Thomas Gairdyn of Legatstoune.

Delated of art and part of the slaughter of the late Alexander Guthrie of that Ilk; committed in the month of October, the year of God 1587, by way of Hamesucken, beside the Place of Inverpeffer, upon set purpose, provision, old feud and forethought felony.

Pursuer: Alexander Guthrie, younger of that Ilk.

The pannel produced our sovereign lord’s Remission under the Great Seal, dated at Aberdeen the first day of August 1589, granted by his Highness for the said crime, and took him thereto: Which was admitted by the Justice-depute, who ordained him to find caution and surety to satisfy the party, as law will: Like as, the said Thomas, for obedience of the said ordinance, found William Stewart of Seytoun, George Gardin of Latoune, and himself.

Historical or Genealogical Significance

• Confirms the earlier 1596 proceedings: Alexander Guthrie of that Ilk was killed by Thomas Gardyn (Gairdyn) in October 1587 by hamesucken near Inverpeffer.
• Shows that by January 1600 the pursuer is Alexander Guthrie, younger of that Ilk (presumably the son and successor).
• The accused had obtained a royal remission as early as August 1589, but was still required in 1600 to find caution for assythment of the party.

Legal Terms and Scottish Practices

• Hamesucken: The crime of assaulting a person in their own house or dwelling-place (an aggravated form of assault).
• Remission under the Great Seal: Royal pardon for a capital crime.
• Satisfy the party / Assythment: Payment of compensation to the kin of the slain person, required even after a remission.
• Forethought felony: Premeditated killing.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Pages 130–131

Date of the Entry 15 July 1600 (with royal warrant dated 28 June 1600)

Guthrie(s) Identified

• Patrik Guthre of Pitmowes (Patrick Guthrie of Pitmuies / Pitmowes)

Guthrie Role One of those initially delated for art and part in the slaughter of Patrick Rynd and the wounding of Alexander, Lord Spynie. A royal warrant ordered him to be deleted from the criminal summons so that he should not be called or pursued for the matter.

Other Primary Parties Identified

• James, Master of Ogilvie; Sir Johne Ogilvie of Craig; Mr Dauid Ogilvie; Frances Ogilvie (the principal accused, brothers)
• James Gordoun (servant to the Master)
• Johne Barclay (son to George Barclay of the Syde)
• Patrick Rynd (the deceased, son of William Rynd of Kerse)
• Alexander, Lord Spynie (the wounded party)

Original Document Language Scots

Purpose Delation of the Master of Ogilvie and others for the slaughter of Patrick Rynd and the wounding of Lord Spynie in a conflict in March 1600, together with a royal warrant removing Patrick Guthrie of Pitmowes from the list of accused.

Modern English Translation 15 July. — James, Master of Ogilvie, Sir John Ogilvie of Craig, Mr David Ogilvie, Frances Ogilvie, all brothers; James Gordon, servant to the Master; Patrick Guthrie of Pitmowes; John Barclay, son to George Barclay of the Syde.

Delated of art and part of the slaughter of the late Patrick Rynd, son to William Rynd of Kerse; and of the hurting of Alexander, Lord Spynie, in the head; committed in March last bypast.

Mr Oliver Colt produced a Warrant, directed to the Treasurer and Advocate, for deleting of Patrick Guthrie; whereof the tenor follows:

REX,

Treasurer and Advocate, We greet you well. It is our will, and We command you, that, upon the sight hereof, you delete Patrick Guthrie of Pitmowes forth of the criminal summons raised at your instance against the Master of Ogilvie, and such as accompanied him on the fields at the late Conflict between him and our cousin the Lord of Spynie; so that he be in no wise called nor pursued therefore: As you will answer to us upon your offices and obedience: Whereanent these presents shall be your warrant. Subscribed with our hand, at Holyroodhouse, this 28th day of June, 1600.

(Signed) JAMES R.

Which Precept the Justice, with advice of Alexander, Master of Elphinstoun, and Mr Thomas Hamilton, admitted; and ordained no process against the said Patrick Guthrie nor his cautioner.

Historical or Genealogical Significance

• Records Patrick Guthrie of Pitmowes as initially implicated in a violent clash in March 1600 between the Master of Ogilvie’s party and Lord Spynie, in which Patrick Rynd was killed and Lord Spynie wounded in the head.
• Shows that the King personally intervened by warrant to have Patrick Guthrie removed from the prosecution, indicating either influence on his behalf or a determination that he should not be pursued.

Legal Terms and Scottish Practices

• Deleting from the summons: Formal removal of a person’s name from the list of those to be prosecuted.
• Hamesucken / Conflict on the fields: Open armed confrontation between noble parties.
• Royal warrant to the Treasurer and Advocate: Direct royal instruction to the public prosecutors.

No.42
Ancient Criminal Trials in Scotland
Volume II. Part Second.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume II, Part 2

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Pages 277–300 (approx.)

Date of the Entry June 1609 (forfeiture proceedings); related events of 1600 (Gowrie Conspiracy)

Guthrie(s) Identified

• Bishop Guthrie (editorial reference only)

Guthrie Role Mentioned solely in an editorial footnote by Pitcairn, citing Bishop Guthrie’s Memoirs (Glasgow, 1747, p. 250) concerning a later case involving the raising of the bones of Archibald, Lord Napier. He is not a party to the Gowrie Conspiracy proceedings or the forfeiture of Robert Logan of Restalrig.

Other Primary Parties Identified

• Robert Logan of Restalrig (the deceased traitor whose memory and estates are being forfeited)
• Robert Logan, his eldest son (the heir against whom the summons of treason is directed)
• The Earl of Gowrie and Mr Alexander Ruthven (the principal conspirators of 1600)
• George Sprott (the notary whose confessions revealed Logan’s involvement)
• Sir Thomas Hamilton of Byres (Lord Advocate)

Original Document Language Scots and Latin (with extensive editorial commentary in English)

Purpose Parliamentary proceedings for the forfeiture of the memory, name, dignity, and estates of the deceased Robert Logan of Restalrig for high treason in connection with the Gowrie Conspiracy of August 1600. Includes the summons, production of Logan’s letters, depositions proving his handwriting, the doom of forfeiture, and related warrants.

Modern English Translation (No contemporary Guthrie appears as a party. The sole reference is editorial:)

Bishop Guthrie also in his Memoirs (Glasgow, 1747, p. 250) mentions, in the case of Archibald Lord Napier, “The Committee resolved to raise his bones, and pass a sentence of forfeiture thereupon…”

Historical or Genealogical Significance

• No member of the Guthrie family is involved as a party, witness, or official in these proceedings.
• The reference to Bishop Guthrie is purely an editorial illustration by Pitcairn of the practice of forfeiting the memory of a deceased traitor by raising his bones.

Legal Terms and Scottish Practices

• Forfeiture of memory and estates: The process of declaring a deceased person’s name, arms, and property forfeited for treason, even after death.
• Doom of Forfeiture: The formal judgment of Parliament extinguishing the traitor’s name and transferring his property to the Crown.
• Summons of Treason against the heir: Used to pursue the representative of a deceased traitor.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Pages 428–430

Date of the Entry 12 January 1604

Guthrie(s) Identified

• Robert Guthrie, servant to Mr Alexander Gibson

Guthrie Role Victim of hamesucken, oppression, and stouthreif. He was attacked and taken captive (along with his master) by George Meldrum, younger of Dumbreck, near the Water of Dundee, and later released at Kinghorn while his master continued to be held.

Other Primary Parties Identified

• George Meldrum, younger of Dumbreck (the accused)
• Mr Alexander Gibson (Clerk of Council and Session; principal victim who was held longer)
• Mr Alexander Livingston, advocate
• Andro Meldrum of Achquharteis (brother of the accused; also a victim in earlier incidents)

Original Document Language Scots

Purpose Trial of George Meldrum, younger of Dumbreck, for multiple crimes including treason, hamesucken, oppression, and stouthreif, one of which involved the armed seizure of Mr Alexander Gibson and his servant Robert Guthrie.

Modern English Translation (Relevant extract)

… being advertised of the said Mr Alexander’s diet by a fellow called Craik, the said George Meldrum’s own man, whom he sent to espy the said Mr Alexander’s diet within the City of St Andrews; at the which time he set upon the said Mr Alexander Gibson, Mr Alexander Livingston, advocate, and Robert Guthrie, servant to the said Mr Alexander Gibson, within the bounds of the sheriffdom of Fife, beside the Water-side of Dundee, where they were in sober and quiet manner riding for the time, dreading no harm, injury, or pursuit of any persons, but to have lived under God’s peace and our sovereign lord’s: and there cruelly invaded them for their slaughters, and compelled them to render themselves to the said George and his complices foresaid; and treasonably put violent hands in their persons, took them captives and prisoners, had and convoyed them away with him out of the way, and beside Cupar-in-Fife (he being a landed gentleman), treasonably, by way of masterful stouthreif, reft from them their purses, with certain gold and silver being therein, extending to the quantity of three hundred marks or thereby; and thereafter convoyed them to the town of Kinghorn, where he dismissed the said Mr Alexander Livingston and Robert Guthrie: And thereafter convoyed the said Alexander Gibson, and brought him with themselves over the ferry of Kinghorn to Leith…

Historical or Genealogical Significance

• Records a Robert Guthrie employed as servant to Mr Alexander Gibson, one of the Clerks of the Council and Session, in 1604.
• Shows him caught up in a violent attack by George Meldrum of Dumbreck while travelling in Fife.

Legal Terms and Scottish Practices

• Hamesucken: Assaulting a person in their dwelling or (by extension) while going about their lawful business.
• Stouthreif: Theft committed with force or violence (robbery).
• Masterful stouthreif: Robbery carried out in an especially violent or high-handed manner.
• Demittit: Dismissed / released.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Page 528

Date of the Entry 26 June 1607

Guthrie(s) Identified

• Williame Guthrie of Ravensbie (William Guthrie of Ravensbie)

Guthrie Role Accused (delated) of art and part in the slaughters of Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (committed in 1588).

Other Primary Parties Identified

• Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (the deceased)
• Mr Robert Gairdin, younger of Blairtoune (pursuer)
• George Leslie, fiar of Kincraigie (pledge/surety for the accused)

Original Document Language Scots

Purpose Delation of William Guthrie of Ravensbie for the long-standing slaughters of two members of the Gairdin (Garden) family, with surety found for his appearance at the next Justice Ayre of Aberdeen.

Modern English Translation 26 June. — William Guthrie of Ravensbie.

Delated of art and part of the Slaughters of the late Patrick Gairdin of that Ilk, and the late Robert Gairdin of Tullois, committed in the month of . . . . 1588.

Pursuer: Mr Robert Gairdin, younger of Blairtoune.

George Leslie, fiar of Kincraigie, became pledge and surety that he shall compear before the Justice or his deputes, the third day of the next Justice-aire of the sheriffdom of Aberdeen, or sooner, upon 15 days’ warning.

Historical or Genealogical Significance

• Records William Guthrie of Ravensbie as accused in 1607 of involvement in the 1588 killings of Patrick Garden of that Ilk and Robert Garden of Tullois.
• Shows a Guthrie of the Ravensbie designation still facing legal consequences nearly twenty years after the alleged crimes.

Legal Terms and Scottish Practices

• Dilatio / Delation: Formal accusation.
• Art and part: Being accessory to or participating in the crime.
• Pledge and surety for appearance at the Justice Ayre: Standard procedure to secure the accused’s attendance at the next circuit court.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Page 529

Date of the Entry 8 July 1607

Guthrie(s) Identified

• George Guthrie, servant to the late Alexander, Lord Spynie

Guthrie Role Servant of the deceased who compears in court and produces the letters of summons purchased by Lady Spynie and the kin, in order to take surety of the accused for the slaughter of his late master.

Other Primary Parties Identified

• Alexander, Lord Spynie (the deceased)
• Dame Jeane Lyoun, Lady Spynie (the relict)
• Alexander, Master of Spynie (eldest son)
• David, Earl of Crawford, Lord Lindsay, and other Lindsay kin (pursuers)
• David Lyndsay, fiar of Edzell, and several other Lindsays and associates (the accused)

Original Document Language Scots

Purpose Proceedings to take surety of a group of Lindsays and others for the slaughter of Alexander, Lord Spynie. George Guthrie, as servant of the deceased, produces the letters and acts on behalf of the pursuers.

Modern English Translation 8 July. — David Lyndsay, fiar of Edzell; Thomas Lyndsay … [and others].

Compeared George Guthrie, servant to the late Alexander, Lord Spynie, and produced our sovereign lord’s Letters, duly executed and endorsed, purchased at the instance of Dame Jeane Lyoun, Lady Spynie, the relict; Alexander, Master of Spynie, eldest son; David, Earl of Crawford, Lord Lindsay, etc., Sir Harie Lindsay of Carriestoun, knight, Sir Johnne Lindsay of Woidwrae, knight, as brothers, with the remaining kin and friends of the late Alexander, Lord Spynie; to take surety of the said David, etc., that they should compear before the Justice or his deputes this day and place, in the hour of cause, to underlie the law, for art and part of the Slaughter of the said late Alexander, Lord Spynie. By the which Letters, the said persons were denounced our sovereign lord’s rebels and put to the horn. Upon the production whereof, the said George Guthrie asked instruments, and protested for relief of Harie Lyndsay of Carrestoune, cautioner for reproduction thereof.

Historical or Genealogical Significance

• Records a George Guthrie serving in the household of Alexander, Lord Spynie, at the time of (or shortly after) Lord Spynie’s death.
• Shows him trusted to appear in the Justice Court and produce the formal letters on behalf of the widow and kin.

Legal Terms and Scottish Practices

• Letters purchased at the instance of the kin: Private criminal prosecution initiated by the nearest of kin.
• Taking surety: Binding the accused to appear under financial penalty.
• Denounced rebels and put to the horn: Formal process after non-appearance.

No.42
Ancient Criminal Trials in Scotland
Volume III. Part First.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume III, Part 1

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Pages 61–62

Date of the Entry 17 June 1605 (the incident); the trial material is from 1609

Guthrie(s) Identified

• William Guthrie (also referred to simply as “Guthrie”), servant / man of the young Laird of Pittarrow (Wishart)

Guthrie Role Victim. He was slain in a street fight in Edinburgh on 17 June 1605 between the party of the young Laird of Edzell (Lindsay) and the young Laird of Pittarrow. Contemporary accounts describe him as “ane verie prettie young man” and record that his body was afterwards examined by the Bailies and surgeons to determine whether his wounds were mortal.

Other Primary Parties Identified

• The young Laird of Edzell (Sir David Lindsay) and his complices
• The young Laird of Pittarrow (Wishart) and his complices
• Alexander, Lord Spynie (whose later death in 1607 is the main subject of the surrounding case)

Original Document Language Scots (with English editorial commentary)

Purpose Editorial and contemporary accounts prefixed to the 1609 proceedings concerning the slaughter of Lord Spynie. They record an earlier violent clash in Edinburgh in June 1605 in which a servant of Pittarrow named Guthrie was killed.

Modern English Translation (From the contemporary notices quoted by Pitcairn)

“The 17 of June (1605) a combat or tulzie foughten at the Salt-tron of Edinburgh, between the Laird of Edzell, younger, and his complices, and the young Laird of Pittarrow, Wishart. The fight lasted from 9 hours at night till 11 at night, two hours! There were sundry hurt on both sides, and one Guthrie slain, which was Pittarrow’s man; a very pretty young man. The 18 day they were accused before the Council, and warded.”

And further:

“… the Lords, having respect to the Slaughter of William Guthrie, servant to Pittarrow, had commanded him [Edzell] to ward, albeit he understood the said Guthrie to have received no wounds, but to have been smothered in the throng…”

Historical or Genealogical Significance

• Records the death of a young man named William Guthrie, servant to the Laird of Pittarrow (Wishart), in a street fight in Edinburgh on 17 June 1605.
• The incident formed part of the wider Lindsay–Wishart feud that later escalated into the killing of Lord Spynie.

Legal Terms and Scottish Practices

• Tulzie / Combat in the streets: Open armed affray within a burgh.
• Warding: Committal to ward (imprisonment) by order of the Privy Council.
• Examination of the corpse by Bailies and surgeons: Standard procedure to determine whether death resulted from wounds or other causes (here, possible smothering in the press).

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Pages 77–78

Date of the Entry 29 December 1610

Guthrie(s) Identified

• Williame Guthrie of Ravensbie (William Guthrie of Ravensbie)
• Alexander Guthrie, fiar of that Ilk

Guthrie Role

• William Guthrie of Ravensbie is the accused (delated of the slaughter of Patrick Gairdin of that Ilk, committed in May 1578).
• Alexander Guthrie, fiar of that Ilk, becomes cautioner with him to satisfy the party.

Other Primary Parties Identified

• Patrick Gairdin of that Ilk (the deceased)
• Robert Gairdin, oy (grandson) to the defunct (pursuer)
• Mr Thomas Hoip (prelocutor for the pannel)

Original Document Language Scots

Purpose Further proceedings against William Guthrie of Ravensbie for the long-outstanding slaughter of Patrick Garden of that Ilk. He produces a royal respite and is ordered to find caution for assythment; Alexander Guthrie, fiar of that Ilk, joins him as cautioner.

Modern English Translation 29 December. — William Guthrie of Ravensbie.

Delated of art and part of the Slaughter of the late Patrick Gairdin of that Ilk; committed in May 1578.

Pursuers: Robert Gairdin, oy to the defunct; Mr Thomas Henderson, substitute to the Lord Advocate. Prelocutor for the pannel: Mr Thomas Hoip.

The pannel takes instruments of his entry; and produced a Respite, under the Privy Seal, of the date 24 January 1600, made and granted for the space of 19 years: And, in respect thereof, alleged that the Justice could not put him to the trial of an Assize. — It is answered, that the Respite is null; in respect, conform to the Act of Parliament, he should have satisfied the party, and shown a Letter of Slains thereupon.

The Justice admits the Respite produced; and Ordains the pannel to find caution to satisfy the party; who found Alexander Guthrie, fiar of that Ilk, cautioner with himself, to satisfy the party; conform to the laws of this realm.

Historical or Genealogical Significance

• Continues the long-running case against William Guthrie of Ravensbie for the 1578 killing of Patrick Garden of that Ilk (previously noted in 1607).
• Shows Alexander Guthrie, fiar of that Ilk, standing surety for him in 1610, indicating continued connection between the Ravensbie and principal Guthrie of that Ilk lines.

Legal Terms and Scottish Practices

• Respite under the Privy Seal: A temporary royal protection from prosecution, granted for a fixed number of years.
• Letter of Slains: Formal discharge by the kin of the slain person after receiving assythment (compensation).
• Caution to satisfy the party: Requirement to find security for payment of assythment even when a respite is accepted.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Pages 80–81

Date of the Entry 25 July 1610

Guthrie(s) Identified

• Williame Guthrie of Ravensbie, lawful son to the late Alexander Guthrie of that Ilk
• Alexander Guthrie, fiar of that Ilk (cautioner)
• The Laird of Guthrie (prelocutor in defence)

Guthrie Role

• William Guthrie of Ravensbie is the accused (delated of the slaughter of Robert Gairdin of Tullois in 1589).
• He is explicitly identified as the lawful son of the late Alexander Guthrie of that Ilk.
• The Laird of Guthrie appears as one of his prelocutors.
• Alexander Guthrie, fiar of that Ilk, stands cautioner with him.

Other Primary Parties Identified

• Robert Gairdin of Tullois (the deceased)
• Robert Gairdin (only son of the deceased) and Mr Robert Gairdin, apparent of Blairtoun (pursuers)

Original Document Language Scots

Purpose Trial proceedings against William Guthrie of Ravensbie for the slaughter of Robert Garden of Tullois in November 1589. He produces a royal respite and is ordered to find caution for satisfaction of the party.

Modern English Translation 25 July. — William Guthrie of Ravensbie, lawful son to the late Alexander Guthrie of that Ilk.

Delated of art and part of the Slaughter of the late Robert Gairdin of Tullois; committed upon the Muir called Carbundow-muir, in the highway between Brechin and Dundee, in the month of November 1589; upon set purpose, provision, and forethought felony.

Pursuers: Robert Gairdin, as only son to the late Robert Gairdin of Tullois; Mr Robert Gairdin, apparent of Blairtoun…

Prelocutors in defence: Mr Johnne Russell, the Laird of Guthrie.

The said William Guthrie took him to our sovereign lord’s Respite, given and granted to him by his Majesty, under the Privy Seal, for the said Slaughter, for the space of nineteen years after the date thereof; which is of date, at Holyroodhouse, the 24th day of January 1600…

The Justice… Admits the said Respite; and ordained the pannel to find caution to satisfy the party pursuer… Who, for obedience of the said Justice ordinance, found, with himself, Alexander Guthrie, fiar of that Ilk, cautioners, etc.

Historical or Genealogical Significance

• Explicitly identifies William Guthrie of Ravensbie as the lawful son of the late Alexander Guthrie of that Ilk.
• Shows the Laird of Guthrie acting as prelocutor in his defence and Alexander Guthrie, fiar of that Ilk, standing as cautioner — strong evidence of continued family solidarity.
• Links the Ravensbie designation directly to the principal Guthrie of that Ilk line.

Legal Terms and Scottish Practices

• Respite under the Privy Seal: Temporary royal protection from prosecution.
• Caution to satisfy the party: Security for payment of assythment to the kin of the slain person.
• Prelocutor: Counsel speaking in defence of the accused.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Page 196

Date of the Entry Editorial note (referring to events of 1661)

Guthrie(s) Identified

• Mr James Guthrie (the Covenanter minister)

Guthrie Role Mentioned only in an editorial illustration of the superstition that a murdered person’s body (or, here, a severed head) might bleed in the presence of the guilty. Pitcairn recounts a popular story that drops of blood fell from Guthrie’s head (displayed on the Netherbow Port) onto Middleton’s coach.

Other Primary Parties Identified

• Middleton (whose coach is said to have been stained by the blood)

Original Document Language English (editorial commentary)

Purpose Part of a long editorial digression by Pitcairn on historical instances of the “bleeding corpse” test of guilt. The Guthrie reference is used as a late example of the persistence of the belief.

Modern English Translation (Editorial anecdote)

“Of a like nature with the last instance, a strange story is told in the Biographia Scoticana, which has likewise been elsewhere repeated. That a few days after Mr James Guthrie was executed, and his head placed upon the Netherbow Port of Edinburgh, Middleton’s coach coming down that way and passing through the Port, several drops of blood fell from the head upon the top of the coach; — which, as the legend goes, ‘all their art and diligence could not wipe off!’ Physicians were called, and desired to enquire if any natural cause could be given for this event — but they could give none! ‘This odd incident being noised abroad, and all means tried, at length the leather was removed, and a new cover put on!!! But this was much sooner done, than the wiping off the guilt of this great and good man’s blood upon the shedders of it, and the disgrace from this poor Nation!’”

Historical or Genealogical Significance

• Refers to the well-known execution of the Covenanter minister James Guthrie in 1661.
• The story is legendary/anecdotal and is included by Pitcairn only as an illustration of popular belief, not as a formal criminal trial record of the early 17th century.

Legal Terms and Scottish Practices

• Bleeding-corpse test: The folk belief that a murdered person’s body would bleed afresh if touched by, or brought into the presence of, the murderer.

No.42
Ancient Criminal Trials in Scotland
Volume III. Part Second.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume III, Part 2

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 2, Pages 428–429

Date of the Entry 14 March 1617 (sentence against John Guthrie follows immediately)

Guthrie(s) Identified

• Johnne Guthrie, alias callit Williame Laird (John Guthrie, alias William Laird)

Guthrie Role Accused and convicted of bigamy / adultery (marriage of two wives and keeping a third woman as concubine). Sentenced to death by hanging.

Other Primary Parties Identified

• Alexander Thomesone, skinner, burgess of Edinburgh (brother to Johnne Thomesone in Leith)
• Jonet Cuthbert (both co-accused of adultery; they received mitigated sentences of banishment by royal warrant)

Original Document Language Scots

Purpose Trial of three persons for adultery and bigamy. John Guthrie (alias William Laird) is specifically charged with having married two wives and keeping a third woman as his concubine; he is sentenced to death under a special royal warrant.

Modern English Translation 14 March. — Alexander Thomesone, skinner, burgess of Edinburgh… ; Johnne Guthrie, alias callit Williame Laird, and Jonet Cuthbert.

Delated of the crimes of Adultery, committed by them, in manner, and at the times specified in their Dittays.

The pannels acknowledge the crimes contained in their several Dittays, and crave God and the King’s Majesty’s pardon; and offer themselves in his Majesty’s will therefor.

[Verdict of guilty follows. Alexander and Jonet receive mitigated sentences of banishment by royal warrant.]

Sentence against Johnne Guthrie, alias Williame Laird.

… His Majesty’s Warrant… to accuse and pursue… Johnne Guthrie, for marriage of two wives, and keeping (besides them) of a third woman for his concubine; which being a crime so odious and intolerable amongst Christians, and meriting to be most exemplarly punished… to cause pronounce and execute Doom and Sentence of Death against him…

The Justice Ordained the said Johnne Guthrie, alias Laird, to be taken to a gibbet, beside the Cross of Edinburgh, and there to be HANGED until he be dead; and all his moveable goods to be escheat and inbrought to his Majesty’s use, &c.

Historical or Genealogical Significance

• Records a John Guthrie (who also used the alias William Laird) convicted of bigamy and adultery in Edinburgh in 1617 and sentenced to death.
• No further identifying details (such as parentage or place of origin) are given in the entry.

Legal Terms and Scottish Practices

• Bigamy / Marriage of two wives: Treated as a capital crime.
• Keeping a concubine: Aggravating circumstance in the charge.
• Escheat of moveable goods: Forfeiture of personal property to the Crown upon conviction of a capital crime.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 2, Page 437

Date of the Entry 18 March 1617

Guthrie(s) Identified

• Patrik Guthrie of Kinblakmonth (Patrick Guthrie of Kinblethmont / Kinblakmonth)

Guthrie Role Assizer (member of the jury) in the trial of Robert Symmer for slaughter.

Other Primary Parties Identified

• Robert Symmer, son to the Laird of Balzordie (the accused)
• David Graham, son to the late James Grahame of Leuchland (the deceased)
• James Grahame (brother of the deceased) and other pursuers

Original Document Language Scots

Purpose Trial of Robert Symmer for the cruel slaughter of David Graham near the Meikle Mill of Brechin on 29 April 1616. Patrick Guthrie of Kinblakmonth served on the Assize that convicted the accused.

Modern English Translation (Assize list extract)

ASSISA … David Gairdin of Lawtoun, Patrik Guthrie of Kinblakmonth, Williame Carnagy, skynner, burgess of Edinburgh…

Verdict The Assize… all in one voice, by the mouth of the said Johnne Udny, chanceller, found the said Robert to be Fyled, culpable, and convict of the said Slaughter.

Sentence To be taken to the Mercat-cross of Edinburgh, and there his head to be struck from his body; and all his moveable goods to be escheat, &c.

Historical or Genealogical Significance

• Records Patrick Guthrie of Kinblakmonth (Kinblethmont) serving as a juror in an Edinburgh Justice Court trial in March 1617 arising from a killing near Brechin.
• Places a Guthrie of the Kinblethmont designation in a formal judicial role at this date.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury of assizers who determined guilt or innocence.
• Fyled, culpable and convict: Formal finding of guilt.
• Striking the head from the body: Beheading as the method of execution.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 2, Appendix, Page 585

Date of the Entry 9 January 1621 (Kirk Session of Perth record, cited in editorial appendix)

Guthrie(s) Identified

• Mr John Guthry, Minister

Guthrie Role Minister who reported to the Kirk Session of Perth that he had disbursed thirty shillings (from the Session treasury) to Andrew Ross to cover the expenses of travelling to visit his brother, Mr Thomas Ross, before the latter’s execution.

Other Primary Parties Identified

• Mr Thomas Ross (the condemned man whose trial is the subject of the appendix)
• Andrew Ross (brother of Mr Thomas Ross)

Original Document Language English (editorial quotation from Kirk Session records)

Purpose Editorial appendix providing additional background on the family of Mr Thomas Ross and the charitable actions of the Kirk Session of Perth toward the family. The entry records a small payment facilitated by Mr John Guthry, Minister.

Modern English Translation (Extract from the Kirk Session Records of Perth, as quoted by Pitcairn)

“Jan. 9, 1621. Mr John Guthry, Minister, reported, that he had given thirty shillings, which he had received from the Thesaury, to Andrew Ross, to bear his expenses, when he passed to the visitation of [his brother] umquhil Mr Thomas Ross, before his execution.”

Historical or Genealogical Significance

• Records a Mr John Guthry serving as a Minister (almost certainly of Perth or in the Perth area) in January 1621.
• Shows him acting in an official capacity for the Kirk Session in providing practical assistance to the brother of a condemned man.

Legal Terms and Scottish Practices

• Thesaury (of the Kirk Session): The common fund of the parish session used for charitable relief.
• Visitation before execution: The customary allowance for family members to visit a condemned person prior to the carrying out of sentence

END of the series ANCIENT CRIMINAL TRIALS in SCOTLAND.

Criminal Trials & Other Proceedings
before the
High Court of Justiciary in Scotland

This series, published by the Bannatyne Club under the same number (No. 42) as Robert Pitcairn’s better-known Ancient Criminal Trials in Scotland, presents selected proceedings of the High Court of Justiciary during the reign of James VI. Issued in ten parts covering the early seventeenth century, it reproduces formal records of treason, slaughter, hamesucken, stouthreif, and other serious crimes tried before the Justice-General and his deputes. While it overlaps in content with the earlier Ancient Criminal Trials volumes, the present series often includes fuller process, additional warrants, and different editorial arrangement. The records remain a primary source for the criminal justice system of early modern Scotland and for the identification of individuals (including members of the Guthrie family) who appeared as accused, victims, jurors, or servants in these high-profile cases.

Citation

Robert Pitcairn, ed., Criminal Trials and Other Proceedings before the High Court of Justiciary in Scotland: Trials during the Reign of King James the Sixth, 10 parts (Edinburgh: Bannatyne Club, 1833).

No.42
Criminal Trials & Other Proceedings
Part I.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part I, Page 16

Date of the Entry 31 Oct 1570

Guthrie(s) Identified

• Archibaldus Guthre (Archibald Guthrie), ballivus (bailie) for George, Commendator of the Monastery of Arbroath
• Alexander Guthre de Kincoldrum (Alexander Guthrie of Kincaldrum)

Guthrie Role

• Archibald Guthrie, as bailie of the Regality of Arbroath, replegiated the accused persons to the privilege and jurisdiction of that regality.
• Alexander Guthrie of Kincaldrum became pledge (surety) for their entry to underlie the law for the crime.

Other Primary Parties Identified

• Robertus Rait, Robertus Wishart, Joannes Richie, and Joannes Fettes (the accused)
• Willelmus Sibbald, brother of David Sibbald of Cair (the victim of the invasion and wounding)
• George, Commendator of the Monastery of Arbroath

Original Document Language Latin (with Scots verdict)

Purpose Replegiation (removal of the case) of four men accused of art and part in the invasion and cruel wounding of William Sibbald to the jurisdiction of the Regality of Arbroath. Archibald Guthrie acted as the bailie effecting the replegiation; Alexander Guthrie of Kincaldrum stood surety for their appearance.

Modern English Translation On the same day as above. Robert Rait, Robert Wishart, John Richie and John Fettes are delated of art and part of the invasion of William Sibbald, brother of David Sibbald of Cair, for his slaughter, and of the cruel wounding of the same in his head, to the great effusion of his blood, by the discharge of a small firearm, the bent pistolet; and leaving him in danger of death, on the last day of the month of April last past, at the hill called Sanct Gilbertis-hill, as is more fully contained in the royal letters directed thereupon.

By Archibald Guthrie, bailie in this part of George, Commendator of the Monastery of Arbroath, by virtue of a commission of the same, they were replegiated to the privilege and jurisdiction of his Regality, as dwelling within the bounds of the same; assigning the third day of the next circuit of the said Regality, or elsewhere upon fifteen days’ premonition, for their compearance to underlie the law for the said crime.

Pledge: Alexander Guthrie of Kincaldrum, for their entry to underlie the law for the said crime; and the foresaid William Rait of Halgrene became pledge for the administration of justice in the premises, according to the form of law.

Verdict The Assize acquit the whole pannel foresaid, except the replegiated persons foresaid, of all crimes contained in their dittay; and acquit them also of the crimes of treason mentioned in the same.

Historical or Genealogical Significance

• Records Archibald Guthrie acting as bailie of the Regality of Arbroath in 1570.
• Shows Alexander Guthrie of Kincaldrum standing as surety in a criminal process connected with that regality, continuing the documented association of the Kincaldrum branch with legal and administrative roles.

Legal Terms and Scottish Practices

• Replegiation: The formal process by which a case was removed from the royal courts to a regality or other privileged jurisdiction.
• Ballivus / Bailie: The officer of a regality empowered to claim and exercise its jurisdiction.
• Pledge for entry: Surety that the accused would appear to stand trial.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1, Page 29

Date of the Entry 28 December 1571

Guthrie(s) Identified

• Alexander Guthre (Alexander Guthrie), burgess of Edinburgh

Guthrie Role Accused (delated) of assisting the rebels who were withholding the town of Edinburgh by fortifying, strengthening, and detaining it against the sovereign lord and his authority.

Other Primary Parties Identified

• Robert Rynd and Johanne Fergusoune, burgesses of Edinburgh (joint pledges/sureties for the accused)

Original Document Language Scots

Purpose Delation of Alexander Guthrie, burgess of Edinburgh, for treasonable assistance given to the rebels who held the town of Edinburgh against the Crown during the civil conflict of 1571. Sureties were found for his appearance.

Modern English Translation 28 December. — Alexander Guthrie, burgess of Edinburgh.

Delated of the assistance made and given by him to the rebels, withholders of the town, in fortifying, strengthening and detaining thereof against our sovereign lord and his authority. — Pledges: Robert Rynd and Johanne Fergusoune, burgesses of Edinburgh, jointly and severally. To the last day of January next to come; and thereafter continued to the penult day of August.

Historical or Genealogical Significance

• Records an Alexander Guthrie, burgess of Edinburgh, accused of supporting the rebel occupation of the capital in late 1571.
• Places a Guthrie of burgess status in Edinburgh at the time of the Marian civil war conflicts.

Legal Terms and Scottish Practices

• Delation for assisting rebels / withholders of the town: Charge of treasonable support for those holding a fortified place against the Crown.
• Pledges jointly and severally: Sureties bound both together and individually for the accused’s appearance.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1, Pages 74–76

Date of the Entry 29 June 1577

Guthrie(s) Identified

• Alexʳ Guthre of that Ilk (Alexander Guthrie of that Ilk)
• Dᵈ Guthre, feare of Kincaldrum (David Guthrie, fiar of Kincaldrum)
• Henrye Guthere of Colestoune (Henry Guthrie of Colestoun)

Guthrie Role All three served as members of the Assize (jury) in the trial of Sir David Grahame of Fintrie and his brothers.

Other Primary Parties Identified

• Sir David Grahame of Fintrie, knight, Waltare Grahame and James Grahame, his brothers (the accused)
• Johnne Pegot (victim of the alleged taking/oppression)
• Robert Belouch (Betoune) of Westhall (the rebel with whom intercommuning was charged)

Original Document Language Scots

Purpose Trial of Sir David Grahame of Fintrie and his brothers for oppression (the forcible taking of Johnne Pegot) and for intercommuning with the rebel Robert Betoune of Westhall. Three Guthries sat on the Assize that ultimately acquitted the accused.

Modern English Translation 29 June. — David Grahame of Fintrie, knight, Waltare Grahame and James Grahame, his brothers.

Delated of the taking of Johnne Pegot, and intercommuning with Robert Belouch (Betoune) of Westhall, rebel, and other crimes.

Assisa includes: … Alexʳ Guthre of that Ilk … Dᵈ Guthre, feare of Kincaldrum … Henrye Guthere of Colestoune …

Verdict The same persons of Assize, by their deliverance, pronounced and declared by the mouth of David Lyndesay of Edzell, Found and delivered, for the most part, the said whole persons accused on pannel to be cleansed and acquitted of all causing, hounding, sending, art, partaking, command, assistance and ratihabition used by them…

Historical or Genealogical Significance

• Records three distinct Guthrie branches sitting together on the same Assize in 1577: – Alexander Guthrie of that Ilk – David Guthrie, fiar of Kincaldrum – Henry Guthrie of Colestoun
• Demonstrates the continued prominence of these lines in formal judicial proceedings in the later sixteenth century.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury of assizers who determined guilt or innocence.
• Intercommuning with rebels: Maintaining contact, providing aid, or harbouring persons who had been put to the horn.
• Cleansed and acquitted: Formal verdict of not guilty.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1, Page 78

Date of the Entry 26 February 1577/8

Guthrie(s) Identified

• Mr Alexʳ. Guthre (Mr Alexander Guthrie)

Guthrie Role Prelocutor (counsel) in defence of the accused.

Other Primary Parties Identified

• Williame Thrisle in Dundie, skipper of the Nychtingall, and several other mariners and a cook (the accused)
• Robert Watsoun in Leith (the deceased)
• Elizabeth Andersoun, relict of the deceased, and the three fatherless bairns (pursuers)

Original Document Language Scots

Purpose Trial of a group of Dundee mariners (including the skipper of the ship Nychtingall) for the cruel slaughter of Robert Watsoun in Leith. Mr Alexander Guthrie appeared among the prelocutors speaking in their defence. All were acquitted.

Modern English Translation 26 February. — Williame Thrisle in Dundie, skipper of Nychtingall, … and others.

Delated of art and part of the cruel slaughter of the late Robert Watsoun, in Leith, committed in October last bypast.

Prelocutouris in defence include: … Mr Alexʳ. Guthre …

Verdict On the margin of the Record, ‘Omnes ACQUIT, de omnibus infra script.’ (All acquitted of everything written below.)

Historical or Genealogical Significance

• Records a Mr Alexander Guthrie acting as prelocutor (legal counsel) in a High Court criminal trial in early 1578.
• Indicates a Guthrie of sufficient standing and legal knowledge to appear in that capacity before the Justice Court.

Legal Terms and Scottish Practices

• Prelocutor: Counsel who speaks on behalf of the accused in court.
• Art and part of the cruel slaughter: Charge of being accessory to or participating in a killing.

No.42
Criminal Trials & Other Proceedings
Part II.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Page 74

Date of the Entry 30–31 January 1598/9

Guthrie(s) Identified

• Mr Dauid Guthre (Mr David Guthrie)

Guthrie Role Prelocutor for William Murray (the victim and pursuer). He appeared on behalf of Murray, who had a special interest in the matter, and requested a continuation so that he could be better instructed with proofs.

Other Primary Parties Identified

• George Home in Aytoune (the accused)
• Williame Murray, burgess of Edinburgh (the victim of the umbesetting and masterful theft)

Original Document Language Scots

Purpose Proceedings against George Home for umbesetting William Murray on Coldingham-muir and masterfully stealing from him a large sum in gold and silver. Mr David Guthrie acted as prelocutor for the pursuer and sought a short continuation.

Modern English Translation 30 January. — George Home in Aytoune.

Delated of umbesetting of Williame Murray, burgess of Edinburgh, upon Coldingham-muir, and masterfully stealing from him of one thousand three-score seven pounds 4s. 4d. in gold and silver.

Compeared Mr David Guthrie, as prelocutor for Wm Murray, who has special interest in this matter; and desired this matter may continue until the morn, that he may come sufficiently instructed with probation, which (he) cannot have for the present. — The pannel desired that he might be put to the knowledge of an Assize of country men.

31 January. — Compeared Wm Murray, merchant burgess of Edinburgh, and produced a Warrant, subscribed by the King’s Majesty…

Historical or Genealogical Significance

• Records a Mr David Guthrie acting as prelocutor (counsel) for a pursuer in a High Court criminal case in early 1599.
• Shows a Guthrie of the “Mr” designation engaged in formal legal representation before the Justice Court.

Legal Terms and Scottish Practices

• Umbesetting the highway: Waylaying or ambushing a person on a public road.
• Masterful theft / Stouthreif: Violent or forcible robbery.
• Prelocutor: Counsel speaking on behalf of a party in court.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Page 101

Date of the Entry 14–18 December 1599

Guthrie(s) Identified

• Alexander Guthrie, elder of Kincaldrum
• David Guthrie, younger of Kincaldrum
• Gedeon Guthrie, in Lytill Lowre
• Williame Guthre of Langlandis of Guthrie
• Alexander Guthrie, fiar of that Ilk
• (Victim) James Guthrie, son to Alexander Guthrie (elder) of that Ilk

Guthrie Role Five Guthries are among those delated of art and part in the slaughter of James Guthrie, son of Alexander Guthrie (elder) of that Ilk. The case was continued several times and ultimately remitted to the Justice Ayre of Forfar.

Other Primary Parties Identified

• Johne Rynd, younger of Kerse
• Arthour Erskyn, portioner of Auchterforfar (both also accused)
• Mr Robert Lyntoune and Mr Thomas Hammiltoune of Drumcarne (pursuers / advocates)

Original Document Language Scots

Purpose Delation of a group of men, including multiple members of the Guthrie family (Kincaldrum, Langlands, and that Ilk branches), for the slaughter of James Guthrie, son of the elder Alexander Guthrie of that Ilk, committed in June 1599. The process was continued and finally remitted to the circuit court of Forfar.

Modern English Translation 14 December. — Alexander Guthrie, elder of Kincaldrum, David Guthrie, younger of Kincaldrum, Johne Rynd, younger of Kerse, Arthour Erskyn, portioner of Auchterforfar, Gedeon Guthrie, in Lytill Lowre, Williame Guthre of Langlandis of Guthrie, Alexander Guthrie, fiar of that Ilk.

Delated of art and part of the slaughter of the late James Guthrie, son to Alexander Guthrie (elder) of that Ilk; committed in June last bypast.

The Justice continues this matter to the morn; and the Assize compearing, were warned personally to compear the morn; each person under the pain of two hundred marks.

15 December. — Continued to 18 December; the Inquest of new to compear the said day.

18 December. — Continued to the Justice-air of the sheriffdom of Forfar, or sooner upon 15 days’ warning.

Historical or Genealogical Significance

• Documents a serious intra-family conflict resulting in the death of James Guthrie, son of Alexander Guthrie (elder) of that Ilk.
• Brings together members of the Kincaldrum, Langlands, and principal “of that Ilk” lines as co-accused.
• One of the most significant Guthrie family entries in the criminal records of the period.

Legal Terms and Scottish Practices

• Art and part of the slaughter: Being accessory to or participating in a killing.
• Continuation to the Justice Ayre: Remitting the case from the central court to the next circuit court of the relevant sheriffdom.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Page 103

Date of the Entry 8 January 1600

Guthrie(s) Identified

• Alexander Guthrie of that Ilk (the deceased)
• Alexander Guthrie, younger of that Ilk (the pursuer)

Guthrie Role

• The late Alexander Guthrie of that Ilk is the victim of a hamesucken and slaughter committed in October 1587.
• Alexander Guthrie, younger of that Ilk, appears as the pursuer seeking justice for his kinsman’s death.

Other Primary Parties Identified

• Thomas Gairdyn of Legatstoune (the accused)

Original Document Language Scots

Purpose Prosecution of Thomas Gairdyn of Legatstoune for the hamesucken and slaughter of Alexander Guthrie of that Ilk in 1587. The accused produced a royal remission and was ordered to find caution to satisfy the party.

Modern English Translation 8 January 1600. — Thomas Gairdyn of Legatstoune.

Delated of art and part of the slaughter of the late Alexander Guthrie of that Ilk; committed in the month of October, the year of God 1587, by way of Hamesucken, beside the Place of Inverpeffer, upon set purpose, provision, old feud and forethought felony.

Pursuer: Alexander Guthrie, younger of that Ilk.

The pannel produced our sovereign lord’s Remission under the Great Seal, of the date at Aberdeen, the first day of August 1589, granted by his Highness for the said crime, and took him thereto: Which was admitted by the Justice-depute, who ordained him to find caution and surety to satisfy the party, as law will. Likewise the said Thomas, for obedience of the said ordinance, found William Stewart of Seytoun, George Gardin of Latoune, and himself.

Historical or Genealogical Significance

• Records the death of Alexander Guthrie of that Ilk by hamesucken in October 1587 near Inverpeffer.
• Shows Alexander Guthrie, younger of that Ilk, actively pursuing the case more than twelve years later.
• Provides a clear link in the succession of the principal Guthrie of that Ilk line.

Legal Terms and Scottish Practices

• Hamesucken: Assaulting a person in or near their dwelling-place.
• Remission under the Great Seal: Royal pardon for a crime, which still required the accused to satisfy the kin of the victim (assythment).
• Caution to satisfy the party: Security for payment of compensation to the pursuer.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Pages 130–131

Date of the Entry 15 July 1600 (with warrant dated 28 June 1600)

Guthrie(s) Identified

• Patrik Guthre of Pitmowes (Patrick Guthrie of Pitmowes)

Guthrie Role Initially named among those delated of art and part in the slaughter of Patrick Rynd and the wounding of Alexander, Lord Spynie. A royal warrant was subsequently produced ordering that his name be deleted from the criminal summons, and the Justice ordered that no process proceed against him or his cautioner.

Other Primary Parties Identified

• James, Master of Ogilvie; Sir Johne Ogilvie of Craig; Mr Dauid Ogilvie; Frances Ogilvie (the principal accused)
• Patrik Rynd, son to William Rynd of Kerse (the deceased)
• Alexander, Lord Spynie (wounded)

Original Document Language Scots

Purpose Proceedings arising from a conflict between the Master of Ogilvie’s party and Lord Spynie. Patrick Guthrie of Pitmowes was initially included in the summons but was removed by special royal warrant.

Modern English Translation 15 July. — James, Master of Ogilvie, Sir Johne Ogilvie of Craig, Mr Dauid Ogilvie, Frances Ogilvie, all brothers; James Gordoun, servant to the Master, Patrik Guthre of Pitmowes, Johne Barclay…

Delated of art and part of the slaughter of the late Patrik Rynd, son to Wm Rynd of Kerse; and of hurting of Alexʳ Lord Spynie, in the head; committed in March last bypast.

Mr Olipher Colt produced a Warrant, directed to the Treasurer and Advocate for deleting of Patrik Guthrie; whereof the tenor follows…

… that, upon the sight hereof, ye delete Patrik Guthrie of Pitmowes forth of the criminal summons raised at your instance against the Master of Ogilvie, and such as accompanied him on the fields at the late Conflict between him and our cousin the Lord of Spynie; so that he be noways called nor pursued therefor…

Which Precept the Justice… admitted; and ordered no process against the said Patrik Guthre nor his cautioner.

Historical or Genealogical Significance

• Records Patrick Guthrie of Pitmowes as initially implicated in the Ogilvie–Spynie conflict of 1600.
• Demonstrates that he obtained a special royal warrant securing his deletion from the summons and exemption from further process.

Legal Terms and Scottish Practices

• Deleting from the criminal summons: Formal removal of a named person from the list of those to be prosecuted.
• Royal warrant to the Treasurer and Advocate: Direct command from the King stopping proceedings against a particular individual.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Page 103

Date of the Entry 8 January 1600

Guthrie(s) Identified

• Alexander Guthrie of that Ilk (the deceased)
• Alexander Guthrie, younger of that Ilk (the pursuer)

Guthrie Role

• The late Alexander Guthrie of that Ilk is the victim of a hamesucken and slaughter committed in October 1587.
• Alexander Guthrie, younger of that Ilk, appears as the pursuer seeking justice for his kinsman’s death.

Other Primary Parties Identified

• Thomas Gairdyn of Legatstoune (the accused)

Original Document Language Scots

Purpose Prosecution of Thomas Gairdyn of Legatstoune for the hamesucken and slaughter of Alexander Guthrie of that Ilk in 1587. The accused produced a royal remission and was ordered to find caution to satisfy the party.

Modern English Translation 8 January 1600. — Thomas Gairdyn of Legatstoune.

Delated of art and part of the slaughter of the late Alexander Guthrie of that Ilk; committed in the month of October, the year of God 1587, by way of Hamesucken, beside the Place of Inverpeffer, upon set purpose, provision, old feud and forethought felony.

Pursuer: Alexander Guthrie, younger of that Ilk.

The pannel produced our sovereign lord’s Remission under the Great Seal, of the date at Aberdeen, the first day of August 1589, granted by his Highness for the said crime, and took him thereto: Which was admitted by the Justice-depute, who ordained him to find caution and surety to satisfy the party, as law will. Likewise the said Thomas, for obedience of the said ordinance, found William Stewart of Seytoun, George Gardin of Latoune, and himself.

Historical or Genealogical Significance

• Records the death of Alexander Guthrie of that Ilk by hamesucken in October 1587 near Inverpeffer.
• Shows Alexander Guthrie, younger of that Ilk, actively pursuing the case more than twelve years later.
• Provides a clear link in the succession of the principal Guthrie of that Ilk line.

Legal Terms and Scottish Practices

• Hamesucken: Assaulting a person in or near their dwelling-place.
• Remission under the Great Seal: Royal pardon for a crime, which still required the accused to satisfy the kin of the victim (assythment).
• Caution to satisfy the party: Security for payment of compensation to the pursuer.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Page 277

Date of the Entry Editorial note (context of the 1609 forfeiture proceedings)

Guthrie(s) Identified

• Bishop Guthrie

Guthrie Role Cited only in an editorial footnote. Pitcairn quotes from Bishop Guthrie’s Memoirs (Glasgow, 1747, p. 250) concerning a later instance in which a committee resolved to raise the bones of Archibald, Lord Napier, and pass a sentence of forfeiture upon them.

Other Primary Parties Identified

• Archibald, Lord Napier (subject of the later forfeiture anecdote)

Original Document Language English (editorial commentary)

Purpose Illustrative footnote on the legal practice of raising the bones of a deceased person in order to pronounce sentence of forfeiture. Bishop Guthrie is cited as an authority for a similar later case.

Modern English Translation (Editorial footnote)

Bishop Guthrie also in his Memoirs, Glasg. 1747, p. 250, mentions, in the case of Archibald Lord Napier, “The Committee resolved to raise his bones, and pass a sentence of forfeiture thereupon: And for that end, Letters were raised and ordained to be executed at the pier and shore of Leith against Archibald Lord Napier his son, then under exile, for his loyalty, to appear upon sixty days’ warning, and to hear and see the same done. And when his friends were startled at the noise of it, and made enquiry what was meant by it? They found it was only to draw money from the present Lord Napier, for the use of some sycophants that expected it: And so, they advanced five thousand merks to that end; and thereupon the intended forfeiture was discharged.”

Historical or Genealogical Significance

• Purely an editorial citation. Bishop Guthrie is not a party to any of the criminal proceedings recorded in this volume.
• The reference is used solely to illustrate the custom of posthumous forfeiture by the raising of bones.

Legal Terms and Scottish Practices

• Raising the bones / Forfeiture of memory: The formal process of disinterring a deceased person’s remains so that sentence of forfeiture could be pronounced against his name, dignity, and estate.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Pages 428–430

Date of the Entry 12 January 1604

Guthrie(s) Identified

• Robert Guthrie, servant to Mr Alexander Gibson (one of the Clerks of the Council and Session)

Guthrie Role Victim. He was riding in company with his master, Mr Alexander Gibson, and Mr Alexander Levingstoun near the Water of Dundee when they were attacked, taken captive, and robbed by George Meldrum, younger of Dumbreck, and his accomplices. Robert Guthrie (together with Mr Alexander Levingstoun) was later released at Kinghorn; his master was carried further into captivity.

Other Primary Parties Identified

• George Meldrum, younger of Dumbreck (the accused)
• Mr Alexander Gibson, Clerk of Council and Session (principal victim)
• Mr Alexander Levingstoun, advocate (fellow victim)
• Andro Meldrum (brother of the accused; also attacked in earlier incidents)

Original Document Language Scots

Purpose Trial of George Meldrum, younger of Dumbreck, for multiple acts of treasonable hamesucken, oppression, and stouthreif, including the armed attack on Mr Alexander Gibson and his company (which included Robert Guthrie) near Dundee.

Modern English Translation … the said George, having conceived a deadly feud, rancour and malice against Mr Alexander Gibson… he, accompanied with Nicoll Jardane, Robert Jardane, Johnne Johnstoun callit Swyne-fute, Johnne Ker… and others… all arrayed in warlike manner, with swords, hagbuts and pistolets… came… within the bounds of the sheriffdom of Fife, beside the Water-side of Dundee, where they were in sober and quiet manner riding for the time… and there cruelly invaded them for their slaughters, and compelled them to render themselves to the said George and his complices… and treasonably put violent hands in their persons, took them captives and prisoners… and thereafter convoyed them to the town of Kinghorn, where he dismissed the said Mr Alexander Levingstoun and Robert Guthrie… and from there convoyed the said Alexander Gibson… over the ferry of Kinghorn to Leith… and ultimately into England.

Historical or Genealogical Significance

• Records a Robert Guthrie serving in the household of Mr Alexander Gibson (a Clerk of the Council and Session) in 1603–1604.
• Shows him present during a serious armed attack and robbery on the road near Dundee, from which he was eventually released at Kinghorn.

Legal Terms and Scottish Practices

• Hamesucken: Assaulting a person in their dwelling or while going about their lawful business.
• Stouthreif: Violent theft / robbery with force.
• Treasonable taking of the King’s free lieges: Aggravation that elevated the crime to treason.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Page 528

Date of the Entry 26 June 1607

Guthrie(s) Identified

• Williame Guthrie of Ravensbie (William Guthrie of Ravensbie)

Guthrie Role Accused (delated) of art and part in the slaughters of Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (committed in 1588).

Other Primary Parties Identified

• Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (the deceased)
• Mr Robert Gairdin, younger of Blairtoune (pursuer)
• George Leslie, fiar of Kincraigie (pledge/surety for the accused)

Original Document Language Scots

Purpose Delation of William Guthrie of Ravensbie for the long-standing slaughters of two members of the Gairdin (Garden) family, with surety found for his appearance at the next Justice Ayre of Aberdeen.

Modern English Translation 26 June. — William Guthrie of Ravensbie.

Delated of art and part of the Slaughters of the late Patrick Gairdin of that Ilk, and the late Robert Gairdin of Tullois, committed in the month of . . . . 1588.

Pursuer: Mr Robert Gairdin, younger of Blairtoune.

George Leslie, fiar of Kincraigie, became pledge and surety that he shall compear before the Justice or his deputes, the third day of the next Justice-aire of the sheriffdom of Aberdeen, or sooner, upon 15 days’ warning.

Historical or Genealogical Significance

• Records William Guthrie of Ravensbie as accused in 1607 of involvement in the 1588 killings of Patrick Garden of that Ilk and Robert Garden of Tullois.
• Shows a Guthrie of the Ravensbie designation still facing legal consequences nearly twenty years after the alleged crimes.

Legal Terms and Scottish Practices

• Dilatio / Delation: Formal accusation.
• Art and part: Being accessory to or participating in the crime.
• Pledge and surety for appearance at the Justice Ayre: Standard procedure to secure the accused’s attendance at the next circuit court.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2, Page 529

Date of the Entry 8 July 1607

Guthrie(s) Identified

• George Guthrie, servant to the late Alexander, Lord Spynie

Guthrie Role Servant of the deceased who compears in court and produces the letters of summons purchased by Lady Spynie and the kin, in order to take surety of the accused for the slaughter of his late master.

Other Primary Parties Identified

• Alexander, Lord Spynie (the deceased)
• Dame Jeane Lyoun, Lady Spynie (the relict)
• Alexander, Master of Spynie (eldest son)
• David, Earl of Crawford, Lord Lindsay, and other Lindsay kin (pursuers)
• David Lyndsay, fiar of Edzell, and several other Lindsays and associates (the accused)

Original Document Language Scots

Purpose Proceedings to take surety of a group of Lindsays and others for the slaughter of Alexander, Lord Spynie. George Guthrie, as servant of the deceased, produces the letters and acts on behalf of the pursuers.

Modern English Translation 8 July. — David Lyndsay, fiar of Edzell; Thomas Lyndsay … [and others].

Compeared George Guthrie, servant to the late Alexander, Lord Spynie, and produced our sovereign lord’s Letters, duly executed and endorsed, purchased at the instance of Dame Jeane Lyoun, Lady Spynie, the relict; Alexander, Master of Spynie, eldest son; David, Earl of Crawford, Lord Lindsay, etc., Sir Harie Lindsay of Carriestoun, knight, Sir Johnne Lindsay of Woidwrae, knight, as brothers, with the remaining kin and friends of the late Alexander, Lord Spynie; to take surety of the said David, etc., that they should compear before the Justice or his deputes this day and place, in the hour of cause, to underlie the law, for art and part of the Slaughter of the said late Alexander, Lord Spynie. By the which Letters, the said persons were denounced our sovereign lord’s rebels and put to the horn. Upon the production whereof, the said George Guthrie asked instruments, and protested for relief of Harie Lyndsay of Carrestoune, cautioner for reproduction thereof.

Historical or Genealogical Significance

• Records a George Guthrie serving in the household of Alexander, Lord Spynie, at the time of (or shortly after) Lord Spynie’s death.
• Shows him trusted to appear in the Justice Court and produce the formal letters on behalf of the widow and kin.

Legal Terms and Scottish Practices

• Letters purchased at the instance of the kin: Private criminal prosecution initiated by the nearest of kin.
• Taking surety: Binding the accused to appear under financial penalty.
• Denounced rebels and put to the horn: Formal process after non-appearance.

No.42
Criminal Trials & Other Proceedings
Volume III.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume 3

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume 3, Pages 61–62

Date of the Entry Editorial narrative concerning events of 17 June 1605 (printed under 1609 proceedings)

Guthrie(s) Identified

• A Guthrie (unnamed), servant to the young Laird of Pittarrow
• William Guthrie, servant to Pittarrow

Guthrie Role Victims of the street combat in Edinburgh on 17 June 1605 between the party of the young Laird of Edzell and the young Laird of Pittarrow (Wishart). One Guthrie (described as “ane verie prettie zoung man”) was slain in the fight; William Guthrie, also a servant of Pittarrow, was examined by the surgeons after the affray.

Other Primary Parties Identified

• Young Laird of Edzell (Lindsay) and his complices
• Young Laird of Pittarrow (Wishart)
• Alexander, Lord Spynie (later killed in the related feud)

Original Document Language Scots (contemporary diary extracts) and English (editorial narrative)

Purpose Background narrative to the long-running Lindsay–Wishart–Spynie feud. The 1605 Edinburgh street fight in which a Guthrie servant of Pittarrow was killed is presented as a preliminary episode leading to the later slaughter of Lord Spynie.

Modern English Translation (From contemporary accounts quoted by Pitcairn)

“The 17 of June (1605,) a Combat or tulzie foughten at the Salt-tron of Edinburgh, betwixt the Laird of Edzell, younger, and his complices, and the young Laird of Pittarrow, Wishart. The fight lasted from 9 hours at night till 11 at night, two hours! There were sundry hurt on both sides, and ane Guthrie slain, which was Pittarrow’s man; ane verie prettie young man.”

Further: the Lords, having respect to the Slaughter of William Guthrie, servant to Pittarrow, had commanded Edzell to be warded… the dead corpse of William Guthrie was visited by the Bailies of Edinburgh and the Chirurgeons, that saw him examined, if his wounds were mortal, and if he died of them.

Historical or Genealogical Significance

• Records the death of at least one Guthrie (and the wounding/examination of William Guthrie) while serving the Laird of Pittarrow in the 1605 Edinburgh street fight.
• Places Guthries in the household service of the Wisharts of Pittarrow at the opening of the feud that later claimed Lord Spynie’s life.

Legal Terms and Scottish Practices

• Tulzie / Combat: Street fight or armed affray.
• Warding: Ordering a person into custody pending further proceedings.
• Visitation of the corpse by Bailies and Chirurgeons: Formal examination to determine whether wounds were mortal.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume 3, Pages 77–78

Date of the Entry 29 December 1609 / early 1610

Guthrie(s) Identified

• Williame Guthrie of Ravinsbie (William Guthrie of Ravensbie)
• Alexander Guthrie, fiar of that Ilk

Guthrie Role

• William Guthrie of Ravensbie is the accused (delated of the 1578 slaughter of Patrick Gairdin of that Ilk). He produces a Respite and is ordered to find caution to satisfy the party.
• Alexander Guthrie, fiar of that Ilk, becomes cautioner (with the accused) to satisfy the party.

Other Primary Parties Identified

• Patrick Gairdin of that Ilk (the deceased)
• Robert Gairdin, oy (grandson) to the defunct (pursuer)
• Mr Thomas Hoip (prelocutor for the pannel)

Original Document Language Scots

Purpose Prosecution of William Guthrie of Ravensbie for the long-outstanding slaughter of Patrick Gairdin of that Ilk (May 1578). A Respite is produced and admitted; caution is found, with Alexander Guthrie, fiar of that Ilk, standing as surety.

Modern English Translation 29 December. — William Guthrie of Ravensbie.

Delated of art and part of the Slaughter of the late Patrick Gairdin of that Ilk; committed in May 1578.

The pannel takes instruments of his entry; and produces a Respite under the Privy Seal, of the date 24 January 1600, made and granted for the space of 19 years… The Justice admits the Respite produced; and Ordains the pannel to find caution to satisfy the party; who found Alexander Guthrie, fiar of that Ilk, cautioner with himself, to satisfy the party; conform to the laws of this realm.

Historical or Genealogical Significance

• Continues the long legal exposure of William Guthrie of Ravensbie for the 1578 Garden slaughter.
• Shows Alexander Guthrie, fiar of that Ilk, standing as cautioner for him in 1610, indicating ongoing connection between the Ravensbie and principal “of that Ilk” lines.

Legal Terms and Scottish Practices

• Respite under the Privy Seal: Temporary protection from prosecution for a stated period.
• Caution to satisfy the party: Security for payment of assythment (compensation) to the kin of the deceased.
• Letter of Slains: Formal discharge by the kin acknowledging satisfaction.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume 3, Pages 80–81

Date of the Entry 25 July 1610

Guthrie(s) Identified

• Williame Guthrie of Ravinsbie (William Guthrie of Ravensbie), lawful son to the late Alexander Guthrie of that Ilk
• Alexander Guthrie, fiar of that Ilk (cautioner)
• The Laird of Guthrie (prelocutor in defence)

Guthrie Role

• William Guthrie of Ravensbie is the accused, delated of the 1589 slaughter of Robert Gairdin of Tullois. He produces a Respite and is ordered to find caution.
• Alexander Guthrie, fiar of that Ilk, becomes cautioner with him.
• The Laird of Guthrie appears among the prelocutors speaking in defence.

Other Primary Parties Identified

• Robert Gairdin of Tullois (the deceased)
• Robert Gairdin, only son of the deceased, and Mr Robert Gairdin, apparent of Blairtoun (pursuers)

Original Document Language Scots

Purpose Second prosecution of William Guthrie of Ravensbie (this time for the slaughter of Robert Gairdin of Tullois on Carbundow-mure in November 1589). A Respite is produced and admitted; caution is found with Alexander Guthrie, fiar of that Ilk, standing surety.

Modern English Translation 25 July. — William Guthrie of Ravensbie, lawful son to the late Alexander Guthrie of that Ilk.

Delated of art and part of the Slaughter of the late Robert Gairdin of Tullois; committed upon the Muir called Carbundow-mure, in the high-way betwixt Brechin and Dundee, in the month of November 1589; upon set purpose, provision, and forethought felony.

The said William Guthrie took him to our sovereign lord’s Respite, given and granted to him by his Majesty under the Privy Seal for the said Slaughter, for the space of nineteen years after the date thereof… The Justice… Admits the said Respite; and ordains the pannel to find caution to satisfy the party pursuer… Who, for obedience of the said Justice ordinance, found, with himself, Alexander Guthrie, fiar of that Ilk, cautioners, etc.

Prelocutouris in defence include: … The Laird of Guthrie.

Historical or Genealogical Significance

• Explicitly identifies William Guthrie of Ravensbie as the lawful son of the late Alexander Guthrie of that Ilk.
• Shows Alexander Guthrie, fiar of that Ilk, again standing as cautioner for him (as in the previous Garden case).
• The principal Laird of Guthrie also appears in his defence.

Legal Terms and Scottish Practices

• Respite under the Privy Seal: Temporary protection from prosecution.
• Caution to satisfy the party: Security for assythment to the kin of the deceased.
• Forethought felony: Premeditated crime, an aggravation.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume 3, Page 196

Date of the Entry Editorial anecdote (referring to events after 1 June 1661)

Guthrie(s) Identified

• Mr James Guthrie

Guthrie Role Subject of a later legendary anecdote only. After his execution, his head was fixed on the Netherbow Port of Edinburgh. The story relates that drops of blood fell from the head onto Middleton’s coach and could not be wiped off.

Other Primary Parties Identified

• Middleton (whose coach is said to have been marked by the blood)

Original Document Language English (editorial)

Purpose Illustrative anecdote included by Pitcairn under a section on “Particular instances where the corpses of murdered persons have been touched, as a test of guilt.” It is not a contemporary trial record from the period covered by the volume.

Modern English Translation (Full rendering of the editorial note)

Of a like nature with the last instance, a strange story is told in the Biographia Scoticana, which has likewise been elsewhere repeated. That a few days after Mr James Guthrie was executed, and his head placed upon the Netherbow Port of Edinburgh, Middleton’s coach coming down that way and passing through the Port, several drops of blood fell from the head upon the top of the coach; — which, as the legend goes, “all their art and diligence could not wipe off!” Physicians were called, and desired to enquire if any natural cause could be given for this event — but they could give none! “This odd incident being noised abroad, and all means tried, at length the leather was removed, and a new cover put on!!!” But this was much sooner done than the wiping off of the guilt of this great and good man’s blood upon the shedders of it, and the disgrace from this poor Nation!

Historical or Genealogical Significance

• Purely an editorial insertion concerning the Covenanter minister Mr James Guthrie (executed 1661).
• Not a primary criminal trial record from the early seventeenth century covered by this volume.
• Reflects the strong popular memory and near-martyr status accorded to James Guthrie in later Presbyterian tradition.

Legal Terms and Scottish Practices

• None applicable; this is a later popular legend rather than a formal legal proceeding.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume 3, Pages 428–429

Date of the Entry 14 March 1617

Guthrie(s) Identified

• Johnne Guthrie, alias callit Williame Laird

Guthrie Role Accused and convicted of adultery and bigamy (specifically of marrying two wives and keeping a third woman as his concubine). He was sentenced to be hanged.

Other Primary Parties Identified

• Alexander Thomesone, skinner, burgess of Edinburgh (co-accused, banished)
• Jonet Cuthbert (co-accused, banished from Edinburgh and twelve miles about)

Original Document Language Scots

Purpose Trial of three persons for the crimes of adultery and bigamy. Johnne Guthrie (alias William Laird) was convicted and received a capital sentence; the other two received mitigated sentences of banishment by royal warrant.

Modern English Translation 14 March. — Alexander Thomesone, skinner, burgess of Edinburgh… Johnne Guthrie, alias callit Williame Laird, and Jonet Cuthbert.

Delated of the crimes of Adultery, committed by them, in manner, and at the times specified in their Dittays.

The pannel acknowledges the crimes contained in their several Dittays, and craves God and the King’s Majesty’s pardon; and offers them in his Majesty’s will therefor.

Verdict The Assize… found the said persons to be fyled, culpable, and convict.

Sentence against Johnne Guthrie, alias Williame Laird (After production of the King’s Warrant)

The Justice Ordained the said Johnne Guthrie, alias Laird, to be taken to a gibbet, beside the Cross of Edinburgh, and there to be HANGED until he be dead; and all his moveable goods to be escheat and inbrought to his Majesty’s use, etc.

Historical or Genealogical Significance

• Records a Johnne Guthrie (living under the alias William Laird) convicted of bigamy and adultery in 1617 and executed by hanging at the Market Cross of Edinburgh.
• One of the few capital convictions of a Guthrie for a non-violent moral offence in the surviving High Court records.

Legal Terms and Scottish Practices

• Adultery / Bigamy: Capital crimes under contemporary Scots law when prosecuted to the full extent.
• Coming in the King’s will: Submission to the King’s mercy after confession.
• Escheat of moveable goods: Forfeiture of personal property to the Crown upon conviction of a capital crime.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume 3, Page 437

Date of the Entry 18 March 1617

Guthrie(s) Identified

• Patrik Guthrie of Kinblakmonth (Patrick Guthrie of Kinblakmonth)

Guthrie Role Assizer (member of the jury) in the trial of Robert Symmer for the slaughter of David Graham.

Other Primary Parties Identified

• Robert Symmer, son to the Laird of Balzordie (the accused)
• David Graham, son to the late James Grahame of Leuchland (the deceased)

Original Document Language Scots

Purpose Trial of Robert Symmer for the cruel slaughter of David Graham near the Meikle Mill of Brechin on 29 April 1616. Patrick Guthrie of Kinblakmonth sat on the Assize that convicted the accused.

Modern English Translation 18 March. — Robert Symmer, son to the Laird of Balzordie.

Delated of the cruel Slaughter of the late David Graham, son to the late James Grahame of Leuchland; committed upon the 29th day of April 1616, upon the Haugh of Insche, near to the Meikle-mill of Brechin, by striking him through the body with a rapier-sword…

Assisa includes: … Patrik Guthrie of Kinblakmonth …

Verdict The Assize… found the said Robert to be FYLET, culpable, and convict of the said Slaughter.

Sentence To be taken to the Mercat-cross of Edinburgh, and there his head to be struck from his body; and all his moveable goods to be escheat, etc.

Historical or Genealogical Significance

• Records Patrick Guthrie of Kinblakmonth serving as a juror in a High Court slaughter trial in 1617.
• Places a Guthrie of the Kinblakmonth designation in formal judicial service in the early seventeenth century.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury that determined guilt or innocence.
• Fylet, culpable, and convict: Formal verdict of guilty.
• Beheading at the Mercat Cross: Capital sentence for slaughter.

No.42
Criminal Trials & Other Proceedings
Part IV.

Master Index – Volume IV
Bannatyne Club No. 42, Criminal Trials & Other Proceedings, Part IV.

Criminal Trials & Other Proceedings
Part IV, Page 277

Date of the Entry Editorial note (referring to a later historical practice; the surrounding text concerns the 1609 forfeiture proceedings)

Guthrie(s) Identified

• Bishop Guthrie

Guthrie Role Cited only in an editorial footnote by Pitcairn. He is quoted from his Memoirs (Glasgow, 1747, p. 250) regarding a later case in which the Committee resolved to raise the bones of Archibald, Lord Napier, and pass a sentence of forfeiture upon them.

Other Primary Parties Identified

• Archibald, Lord Napier (subject of the later forfeiture anecdote)

Original Document Language English (editorial commentary)

Purpose Illustrative footnote on the practice of raising the bones of a deceased traitor in order to pass sentence of forfeiture. Bishop Guthrie is cited as an authority for a similar later instance.

Modern English Translation (Editorial footnote)

Bishop Guthrie also in his Memoirs, Glasg. 1747, p. 250, mentions, in the case of Archibald Lord Napier, “The Committee resolved to raise his bones, and pass a sentence of forfeiture thereupon: And for that end, Letters were raised and ordained to be executed at the pier and shore of Leith against Archibald Lord Napier his son, then under exile, for his loyalty, to appear upon sixty days’ warning, and to hear and see the same done…”

Historical or Genealogical Significance

• Purely an editorial citation. Bishop Guthrie is not a party to any of the criminal proceedings in this volume.
• The reference is used only to illustrate the legal custom of posthumous forfeiture by raising the bones of the deceased.

Legal Terms and Scottish Practices

• Raising the bones / Forfeiture of memory: The formal process of disinterring a deceased traitor’s remains so that sentence of forfeiture could be pronounced against his name, dignity, and estate.

No.42
Criminal Trials & Other Proceedings
Part V.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part V

Criminal Trials & Other Proceedings
Part V, Pages 428–430

Date of the Entry 12 January 1604

Guthrie(s) Identified

• Robert Guthrie, servant to Mr Alexander Gibson (one of the Clerks of the Council and Session)

Guthrie Role Victim. He was riding in company with his master, Mr Alexander Gibson, and Mr Alexander Levingstoun near the Water of Dundee when they were attacked, taken captive, and robbed by George Meldrum, younger of Dumbreck, and his accomplices. Robert Guthrie (together with Mr Alexander Levingstoun) was later released at Kinghorn; his master was carried further into captivity.

Other Primary Parties Identified

• George Meldrum, younger of Dumbreck (the accused)
• Mr Alexander Gibson, Clerk of Council and Session (principal victim)
• Mr Alexander Levingstoun, advocate (fellow victim)
• Andro Meldrum (brother of the accused; also attacked in earlier incidents)

Original Document Language Scots

Purpose Trial of George Meldrum, younger of Dumbreck, for multiple acts of treasonable hamesucken, oppression, and stouthreif, including the armed attack on Mr Alexander Gibson and his company (which included Robert Guthrie) near Dundee.

Modern English Translation … the said George, having conceived a deadly feud, rancour and malice against Mr Alexander Gibson… he, accompanied with Nicoll Jardane, Robert Jardane, Johnne Johnstoun callit Swyne-fute, Johnne Ker… and others… all arrayed in warlike manner, with swords, hagbuts and pistolets… came… within the bounds of the sheriffdom of Fife, beside the Water-side of Dundee, where they were in sober and quiet manner riding for the time… and there cruelly invaded them for their slaughters, and compelled them to render themselves to the said George and his complices… and treasonably put violent hands in their persons, took them captives and prisoners… and thereafter convoyed them to the town of Kinghorn, where he dismissed the said Mr Alexander Levingstoun and Robert Guthrie… and from there convoyed the said Alexander Gibson… over the ferry of Kinghorn to Leith… and ultimately into England.

Historical or Genealogical Significance

• Records a Robert Guthrie serving in the household of Mr Alexander Gibson (a Clerk of the Council and Session) in 1603–1604.
• Shows him present during a serious armed attack and robbery on the road near Dundee, from which he was eventually released at Kinghorn.

Legal Terms and Scottish Practices

• Hamesucken: Assaulting a person in their dwelling or while going about their lawful business.
• Stouthreif: Violent theft / robbery with force.
• Treasonable taking of the King’s free lieges: Aggravation that elevated the crime to treason.

Criminal Trials & Other Proceedings
Part V, Pages 428–430

Date of the Entry 12 January 1604

Guthrie(s) Identified

• Robert Guthrie, servant to Mr Alexander Gibson (one of the Clerks of the Council and Session)

Guthrie Role Victim. He was riding in company with his master, Mr Alexander Gibson, and Mr Alexander Levingstoun near the Water of Dundee when they were attacked, taken captive, and robbed by George Meldrum, younger of Dumbreck, and his accomplices. Robert Guthrie (together with Mr Alexander Levingstoun) was later released at Kinghorn; his master was carried further into captivity.

Other Primary Parties Identified

• George Meldrum, younger of Dumbreck (the accused)
• Mr Alexander Gibson, Clerk of Council and Session (principal victim)
• Mr Alexander Levingstoun, advocate (fellow victim)
• Andro Meldrum (brother of the accused; also attacked in earlier incidents)

Original Document Language Scots

Purpose Trial of George Meldrum, younger of Dumbreck, for multiple acts of treasonable hamesucken, oppression, and stouthreif, including the armed attack on Mr Alexander Gibson and his company (which included Robert Guthrie) near Dundee.

Modern English Translation … the said George, having conceived a deadly feud, rancour and malice against Mr Alexander Gibson… he, accompanied with Nicoll Jardane, Robert Jardane, Johnne Johnstoun callit Swyne-fute, Johnne Ker… and others… all arrayed in warlike manner, with swords, hagbuts and pistolets… came… within the bounds of the sheriffdom of Fife, beside the Water-side of Dundee, where they were in sober and quiet manner riding for the time… and there cruelly invaded them for their slaughters, and compelled them to render themselves to the said George and his complices… and treasonably put violent hands in their persons, took them captives and prisoners… and thereafter convoyed them to the town of Kinghorn, where he dismissed the said Mr Alexander Levingstoun and Robert Guthrie… and from there convoyed the said Alexander Gibson… over the ferry of Kinghorn to Leith… and ultimately into England.

Historical or Genealogical Significance

• Records a Robert Guthrie serving in the household of Mr Alexander Gibson (a Clerk of the Council and Session) in 1603–1604.
• Shows him present during a serious armed attack and robbery on the road near Dundee, from which he was eventually released at Kinghorn.

Legal Terms and Scottish Practices

• Hamesucken: Assaulting a person in their dwelling or while going about their lawful business.
• Stouthreif: Violent theft / robbery with force.
• Treasonable taking of the King’s free lieges: Aggravation that elevated the crime to treason.

Criminal Trials & Other Proceedings
Part V, Page 528

Date of the Entry 26 June 1607

Guthrie(s) Identified

• Williame Guthrie of Ravensbie (William Guthrie of Ravensbie)

Guthrie Role Accused (delated) of art and part in the slaughters of Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (committed in 1588).

Other Primary Parties Identified

• Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (the deceased)
• Mr Robert Gairdin, younger of Blairtoune (pursuer)
• George Leslie, fiar of Kincraigie (pledge/surety for the accused)

Original Document Language Scots

Purpose Delation of William Guthrie of Ravensbie for the long-standing slaughters of two members of the Gairdin (Garden) family, with surety found for his appearance at the next Justice Ayre of Aberdeen.

Modern English Translation 26 June. — William Guthrie of Ravensbie.

Delated of art and part of the Slaughters of the late Patrick Gairdin of that Ilk, and the late Robert Gairdin of Tullois, committed in the month of . . . . 1588.

Pursuer: Mr Robert Gairdin, younger of Blairtoune.

George Leslie, fiar of Kincraigie, became pledge and surety that he shall compear before the Justice or his deputes, the third day of the next Justice-aire of the sheriffdom of Aberdeen, or sooner, upon 15 days’ warning.

Historical or Genealogical Significance

• Records William Guthrie of Ravensbie as accused in 1607 of involvement in the 1588 killings of Patrick Garden of that Ilk and Robert Garden of Tullois.
• Shows a Guthrie of the Ravensbie designation still facing legal consequences nearly twenty years after the alleged crimes.

Legal Terms and Scottish Practices

• Dilatio / Delation: Formal accusation.
• Art and part: Being accessory to or participating in the crime.
• Pledge and surety for appearance at the Justice Ayre: Standard procedure to secure the accused’s attendance at the next circuit court.

Criminal Trials & Other Proceedings
Part V, Page 529

Date of the Entry 8 July 1607

Guthrie(s) Identified

• George Guthrie, servant to the late Alexander, Lord Spynie

Guthrie Role Servant of the deceased who compears in court and produces the letters of summons purchased by Lady Spynie and the kin, in order to take surety of the accused for the slaughter of his late master.

Other Primary Parties Identified

• Alexander, Lord Spynie (the deceased)
• Dame Jeane Lyoun, Lady Spynie (the relict)
• Alexander, Master of Spynie (eldest son)
• David, Earl of Crawford, Lord Lindsay, and other Lindsay kin (pursuers)
• David Lyndsay, fiar of Edzell, and several other Lindsays and associates (the accused)

Original Document Language Scots

Purpose Proceedings to take surety of a group of Lindsays and others for the slaughter of Alexander, Lord Spynie. George Guthrie, as servant of the deceased, produces the letters and acts on behalf of the pursuers.

Modern English Translation 8 July. — David Lyndsay, fiar of Edzell; Thomas Lyndsay … [and others].

Compeared George Guthrie, servant to the late Alexander, Lord Spynie, and produced our sovereign lord’s Letters, duly executed and endorsed, purchased at the instance of Dame Jeane Lyoun, Lady Spynie, the relict; Alexander, Master of Spynie, eldest son; David, Earl of Crawford, Lord Lindsay, etc., Sir Harie Lindsay of Carriestoun, knight, Sir Johnne Lindsay of Woidwrae, knight, as brothers, with the remaining kin and friends of the late Alexander, Lord Spynie; to take surety of the said David, etc., that they should compear before the Justice or his deputes this day and place, in the hour of cause, to underlie the law, for art and part of the Slaughter of the said late Alexander, Lord Spynie. By the which Letters, the said persons were denounced our sovereign lord’s rebels and put to the horn. Upon the production whereof, the said George Guthrie asked instruments, and protested for relief of Harie Lyndsay of Carrestoune, cautioner for reproduction thereof.

Historical or Genealogical Significance

• Records a George Guthrie serving in the household of Alexander, Lord Spynie, at the time of (or shortly after) Lord Spynie’s death.
• Shows him trusted to appear in the Justice Court and produce the formal letters on behalf of the widow and kin.

Legal Terms and Scottish Practices

• Letters purchased at the instance of the kin: Private criminal prosecution initiated by the nearest of kin.
• Taking surety: Binding the accused to appear under financial penalty.
• Denounced rebels and put to the horn: Formal process after non-appearance.

No.42
Criminal Trials in Scotland
Part VI.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Volume / Part 6

Statement for the Guthrie Genealogy Reader

Part VI of Robert Pitcairn’s Criminal Trials and Other Proceedings before the High Court of Justiciary in Scotland was published by the Bannatyne Club in Edinburgh in 1830. It covers the years 1609–1611 (M.DCIX–M.DCXI) and contains approximately 200 pages of formal records from the High Court of Justiciary.

Unlike the surrounding parts of the series, Part VI does not appear to have been digitized and made freely available on the major online repositories (HathiTrust, Internet Archive, Google Books). As a result, no systematic search for Guthrie references within this specific fascicle has been possible at the present time.

Any Guthrie appearances that may exist in the 1609–1611 Justiciary records remain, for the moment, unexamined in this project. Researchers with access to a physical copy of the 1830 Part VI volume are encouraged to check the Index Nominum (if present) and the body of the text for the usual variant spellings (Guthrie, Guthre, Guthry, Gutherie, etc.).

Volume Data

No.42
Criminal Trials in Scotland
Part VII.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part VII (1611–1616)

No.42
Criminal Trials in Scotland
Part VIII.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part VIII

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part VIII, Pages 428–429

Date of the Entry 14 March 1617

Guthrie(s) Identified

• Johnne Guthrie, alias callit Williame Laird

Guthrie Role Accused and convicted of adultery and bigamy (specifically of marrying two wives and keeping a third woman as his concubine). He was sentenced to be hanged.

Other Primary Parties Identified

• Alexander Thomesone, skinner, burgess of Edinburgh (co-accused, banished)
• Jonet Cuthbert (co-accused, banished from Edinburgh and twelve miles about)

Original Document Language Scots

Purpose Trial of three persons for the crimes of adultery and bigamy. Johnne Guthrie (alias William Laird) was convicted and received a capital sentence; the other two received mitigated sentences of banishment by royal warrant.

Modern English Translation 14 March. — Alexander Thomesone, skinner, burgess of Edinburgh… Johnne Guthrie, alias callit Williame Laird, and Jonet Cuthbert.

Delated of the crimes of Adultery, committed by them, in manner, and at the times specified in their Dittays.

The pannel acknowledges the crimes contained in their several Dittays, and craves God and the King’s Majesty’s pardon; and offers them in his Majesty’s will therefor.

Verdict The Assize… found the said persons to be fyled, culpable, and convict.

Sentence against Johnne Guthrie, alias Williame Laird (After production of the King’s Warrant)

The Justice Ordained the said Johnne Guthrie, alias Laird, to be taken to a gibbet, beside the Cross of Edinburgh, and there to be HANGED until he be dead; and all his moveable goods to be escheat and inbrought to his Majesty’s use, etc.

Historical or Genealogical Significance

• Records a Johnne Guthrie (living under the alias William Laird) convicted of bigamy and adultery in 1617 and executed by hanging at the Market Cross of Edinburgh.
• One of the few capital convictions of a Guthrie for a non-violent moral offence in the surviving High Court records.

Legal Terms and Scottish Practices

• Adultery / Bigamy: Capital crimes under contemporary Scots law when prosecuted to the full extent.
• Coming in the King’s will: Submission to the King’s mercy after confession.
• Escheat of moveable goods: Forfeiture of personal property to the Crown upon conviction of a capital crime.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part VIII, Page 437

Date of the Entry 18 March 1617

Guthrie(s) Identified

• Patrik Guthrie of Kinblakmonth (Patrick Guthrie of Kinblakmonth)

Guthrie Role Assizer (member of the jury) in the trial of Robert Symmer for the slaughter of David Graham.

Other Primary Parties Identified

• Robert Symmer, son to the Laird of Balzordie (the accused)
• David Graham, son to the late James Grahame of Leuchland (the deceased)

Original Document Language Scots

Purpose Trial of Robert Symmer for the cruel slaughter of David Graham near the Meikle Mill of Brechin on 29 April 1616. Patrick Guthrie of Kinblakmonth sat on the Assize that convicted the accused.

Modern English Translation 18 March. — Robert Symmer, son to the Laird of Balzordie.

Delated of the cruel Slaughter of the late David Graham, son to the late James Grahame of Leuchland; committed upon the 29th day of April 1616, upon the Haugh of Insche, near to the Meikle-mill of Brechin, by striking him through the body with a rapier-sword…

Assisa includes: … Patrik Guthrie of Kinblakmonth …

Verdict The Assize… found the said Robert to be FYLET, culpable, and convict of the said Slaughter.

Sentence To be taken to the Mercat-cross of Edinburgh, and there his head to be struck from his body; and all his moveable goods to be escheat, etc.

Historical or Genealogical Significance

• Records Patrick Guthrie of Kinblakmonth serving as a juror in a High Court slaughter trial in 1617.
• Places a Guthrie of the Kinblakmonth designation in formal judicial service in the early seventeenth century.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury that determined guilt or innocence.
• Fylet, culpable, and convict: Formal verdict of guilty.
• Beheading at the Mercat Cross: Capital sentence for slaughter.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part VIII, Appendix, Page 584

Date of the Entry 9 January 1621 (Kirk Session of Perth record, cited in editorial appendix)

Guthrie(s) Identified

• Mr John Guthry, Minister

Guthrie Role Minister who reported to the Kirk Session of Perth that he had disbursed thirty shillings (from the Session treasury) to Andrew Ross to cover the expenses of travelling to visit his brother, Mr Thomas Ross, before the latter’s execution.

Other Primary Parties Identified

• Mr Thomas Ross (the condemned man whose trial is the subject of the appendix)
• Andrew Ross (brother of Mr Thomas Ross)

Original Document Language English (editorial quotation from Kirk Session records)

Purpose Editorial appendix providing additional background on the family of Mr Thomas Ross and the charitable actions of the Kirk Session of Perth toward the family. The entry records a small payment facilitated by Mr John Guthry, Minister.

Modern English Translation (Extract from the Kirk Session Records of Perth, as quoted by Pitcairn)

“Jan. 9, 1621. Mr John Guthry, Minister, reported, that he had given thirty shillings, which he had received from the Thesaury, to Andrew Ross, to bear his expenses, when he passed to the visitation of [his brother] umquhil Mr Thomas Ross, before his execution.”

Historical or Genealogical Significance

• Records a Mr John Guthry serving as a Minister (almost certainly of Perth or in the Perth area) in January 1621.
• Shows him acting in an official capacity for the Kirk Session in providing practical assistance to the brother of a condemned man.

Legal Terms and Scottish Practices

• Thesaury (of the Kirk Session): The common fund of the parish session used for charitable relief.
• Visitation before execution: The customary allowance for family members to visit a condemned person prior to the carrying out of sentence.

No.42
Criminal Trials in Scotland
Part IX.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part IX (1488–1537)

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part IX, Page 72*

Date of the Entry 14 December 1510

Guthrie(s) Identified

• Alexander Guthrie de eodem, milite (Alexander Guthrie of that Ilk, knight)

Guthrie Role Justice-depute. He presided (coram) at the Justice Ayre of Peebles on behalf of Andrew, Lord Gray.

Other Primary Parties Identified

• Andrew, Lord Gray (the principal Justice whose depute Alexander Guthrie was)
• George Tuedy (acquitted of the slaughter of William Young, a common thief)

Original Document Language Latin (heading) and Scots (narrative)

Purpose Record of the Justice Ayre of Peebles held on 14 December 1510 before Alexander Guthrie of that Ilk, knight, as Justice-depute to Andrew, Lord Gray. In the course of the ayre, George Tuedy was acquitted of the slaughter of a common thief.

Modern English Translation Court of the Justice Ayre of Peebles, held on Saturday, 14 December 1510, before Alexander Guthrie of that Ilk, knight, Justice-depute of Andrew, Lord Gray, etc.

Slaughter of a Common Thief 18 December (Thursday, fifth day of the Ayre). — George Tuedy delated of art and part of the Slaughter of William Young; and being accused thereof, the foresaid Justice-depute, with the counsel and advice of the Lords then sitting as Assessors to him, because it clearly appeared that the said William had been and was a common Thief, as was proved by sundry of the King’s Letters… Therefore, the said George was acquitted of the crime of the foresaid Slaughter…

Historical or Genealogical Significance

• Records Alexander Guthrie of that Ilk, knight, acting as Justice-depute at a circuit court in 1510.
• One of the earliest formal judicial appearances of a Guthrie of that Ilk in the surviving High Court / Justice Ayre records.

Legal Terms and Scottish Practices

• Justice-depute: A deputy appointed to preside in place of the principal Justice.
• Justice Ayre (Itineris Justiciarie): The circuit court held by the Justice or his depute in the localities.
• Common thief: A person of known criminal reputation; killing such a person in the act of theft could be treated as justifiable.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part IX, Page 143

Date of the Entry 5 August 1530

Guthrie(s) Identified

• James Guthry (James Guthrie), Captain of the Castle of Crechtoune (Crichton)

Guthrie Role Amerciated (fined) for failing to underlie the law for art and part of stouthreif and oppression committed against William Borthwick of Crukstoune (the reiving of 100 sheep from his servant and shepherd).

Other Primary Parties Identified

• William Borthwick of Crukstoune (the victim)
• John, Lord Hay of Yester (owner of the lands on which the sheep were grazing)
• Andrew Purves and ten others (also involved; found security to appear)

Original Document Language Scots

Purpose Amercement of James Guthrie, Captain of Crichton Castle, for non-appearance to answer a charge of art and part in the violent theft (stouthreif) and oppression of 100 sheep belonging to William Borthwick of Crukstoune.

Modern English Translation 5 August. — James Guthry, Captain of the Castle of Crechtoune, amerciated for not underlying the law for art and part of the Stouthreif and Oppression done to William Borthwick of Crukstoune, in ‘reiving’ from his servant and shepherd of 100 sheep, being at the grazings upon the lands belonging to John Lord Hay of Yester. New term assigned, under the pain of rebellion, etc. — Andrew Purves and ten others found security to appear at the Justice-aire of Edinburgh, to answer for the same crime.

Historical or Genealogical Significance

• Records a James Guthrie holding the office of Captain of Crichton Castle in 1530.
• Shows him implicated (at least by non-appearance) in a case of livestock theft and oppression in the Borders region.

Legal Terms and Scottish Practices

• Amerciated: Fined for non-appearance or failure to fulfil a legal obligation.
• Stouthreif: Violent or forcible theft / robbery.
• Underlying the law: Appearing in court to stand trial.
• Pain of rebellion: Penalty of being declared rebel for continued non-appearance.

No.42
Criminal Trials in Scotland
Part X.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part X (Supplement – 1537–1568)

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part X, Page 254*

Date of the Entry 10 January 1539/40

Guthrie(s) Identified

• Johne Guthre of Balnabrech (John Guthrie of Balnabreich)

Guthrie Role Recipient of a Respite for the mutilation of the late Patrick Annand (granted for 19 years).

Other Primary Parties Identified

• Patrick Annand (the victim of the mutilation)

Original Document Language Scots

Purpose Grant of a Respite under the Privy Seal protecting John Guthrie of Balnabreich from prosecution for the mutilation of Patrick Annand for a period of nineteen years.

Modern English Translation 10 January. — Respite to Johne Guthre of Balnabrech for the Mutilation of the late Patrick Annand, etc.: For 19 years.

Historical or Genealogical Significance

• Records a John Guthrie of Balnabreich receiving royal protection in early 1540 for a serious personal injury offence.
• Places a Guthrie of the Balnabreich designation in the criminal records of James V’s reign.

Legal Terms and Scottish Practices

• Respite: Temporary protection from prosecution for a stated term of years.
• Mutilation: The permanent disabling or maiming of a person (a capital or near-capital offence).

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part X, Page 343*

Date of the Entry 13 May (c. 1547 context)

Guthrie(s) Identified

• Mr Hugh Guthre (Mr Hugh Guthrie)

Guthrie Role Victim. James Wod of Bonyngtoune was delated of art and part of his cruel slaughter.

Other Primary Parties Identified

• James Wod of Bonyngtoune (the accused)
• Richard Maitland of Lethingtoune (surety for the accused)

Original Document Language Scots

Purpose Delation of James Wod of Bonyngtoune for the cruel slaughter of Mr Hugh Guthrie. The accused was proved to be sick; surety was found for his appearance at the next Ayre of Forfar.

Modern English Translation 13 May. — James Wod of Bonyngtoune delated of art and part of the cruel Slaughter of Mr Hugh Guthre. — Proved to be sick. Richard Maitland of Lethingtoune became surety for his entry at the next Ayre of Forfar.

Historical or Genealogical Significance

• Records the death of a Mr Hugh Guthrie (the “Mr” indicating university education or clerical status) by violence in the mid-1540s.
• One of the earlier appearances of a university-educated Guthrie as a homicide victim.

Legal Terms and Scottish Practices

• Delated of art and part: Formally accused as principal or accessory.
• Proved to be sick: Medical excuse allowing continuation of the case.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part X, Page 408*

Date of the Entry 12 March 1560/1 (with later continuation to 30 April)

Guthrie(s) Identified

• Alexander Guthrie in Elgyne (Alexander Guthrie in Elgin)

Guthrie Role Accused (delated) of art and part in the convocation of the lieges and the wounding of Lady Pittendreich’s servants. Later amerciated for non-appearance and denounced rebel.

Other Primary Parties Identified

• James Hay of Mayne and George Monro of Dalcarthy (principal co-accused)
• Elizabeth Douglas, Lady of Pittendreich (whose tenants and servants were attacked)
• Alexander Robertsone in Pittendreich and Alexander Henry in Brounsyde (the wounded men)

Original Document Language Scots

Purpose Prosecution of a group of Elgin burgesses, including Alexander Guthrie, for an armed gathering and violent assault on the servants of Lady Pittendreich in January 1560/1. Guthrie failed to appear and was put to the horn.

Modern English Translation 12 March 1560/1. — James Hay of Mayne, George Monro of Dalcarthy, Alexander Guthrie in Elgyne, and seven others, burgesses of Elgin, delated for Convocation of our sovereign lady’s lieges, to the number of eight score persons, or thereby, the 8th day of January last bypast, arrayed in warlike manner, contrary to the Acts of Parliament, and setting upon Alexander Robertsone in Pittendreich, etc., tenants and servants to Elizabeth Douglas, Lady of Pittendreich, and hurt and wounded them in divers parts of their bodies, to the great effusion of their blood, and left the said Alexander Robertsone and Alexander Henry (in Brounsyde) lying for dead, upon old feud and forethought felony, etc.

Guthrie and two others to answer at the next aire of Elgin and Forres. — (30 April) Amerciated for non-appearance, (and denounced rebels).

Historical or Genealogical Significance

• Records an Alexander Guthrie resident in Elgin in 1560/1, involved in a local feud-related assault.
• Shows him failing to compear and being put to the horn, a common outcome for non-appearance in Justiciary proceedings.

Legal Terms and Scottish Practices

• Convocation of the lieges: Unlawful armed assembly.
• Amerciated for non-appearance: Fined for failing to answer the summons.
• Denounced rebels / put to the horn: Formal process following continued non-appearance.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part X, Page 411*

Date of the Entry 1 December (context of the Slaughter of Lady Ulleshaven)

Guthrie(s) Identified

• Thomas Guthre of Kynbach (Thomas Guthrie of Kynbach)

Guthrie Role Protester. He had been charged by Letters to underlie the law, but no party compeared to pursue him; he therefore protested for recovery of his damages and expenses.

Other Primary Parties Identified

• James Schoriswod (the principal accused in the related slaughter case)

Original Document Language Scots

Purpose Formal protest by Thomas Guthrie of Kynbach that, having been summoned and no pursuer appearing, he was entitled to recover the costs and damage he had sustained.

Modern English Translation Thomas Guthre of Kynbach protested for his damage and skaith sustained by him, in so far as he was charged by the Letters to underlie the law, and that no party compeared to pursue him, that he might recover the same, either upon the officer executor of the Letters or party; and thereupon asked instruments.

Historical or Genealogical Significance

• Records a Thomas Guthrie of Kynbach active in the mid-sixteenth century and prepared to assert his legal rights when improperly summoned.

Legal Terms and Scottish Practices

• Protest for damage and skaith: Formal claim for costs and losses arising from an unfounded or abandoned prosecution.
• Asking instruments: Requesting a notarial record of the protest.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part X, Page 433*

Date of the Entry 7 July 1563 (referring to a crime of February 1548)

Guthrie(s) Identified

• Mr Hew Guthrie (Mr Hugh Guthrie) — the deceased
• Alexander Guthrie, Messenger — one of those required to answer for the slaughter

Guthrie Role

• Mr Hew Guthrie is the victim, slain under the Castle wall of Brechin in February 1548.
• Alexander Guthrie, Messenger, is among those bound to compear at the next Ayre of Forfar to answer for art and part in that slaughter.

Other Primary Parties Identified

• James Wod of Bonyngtoune and William his brother (principal accused)
• Lord Ruthvene (cautioner)
• Cristeane Rettray and William Tyrie (pursuers)

Original Document Language Scots

Purpose Binding of James Wod of Bonyngtoune, his brother William, and Alexander Guthrie, Messenger, to appear at the next Justice Ayre of Forfar to answer for the long-outstanding slaughter of Mr Hugh Guthrie at Brechin in 1548.

Modern English Translation 7 July. — James Wod of Bonyngtoune, William his brother, and Alexander Guthrie, Messenger, found Lord Ruthvene cautioner for their entry at the next Aire of Forfar, to underlie the law for art and part of the Slaughter of the late Mr Hew Guthrie, under the Castle-wall of Brechin, in the month of February 1548 years; upon old feud, set purpose, provision, and forethought felony.

Cristeane Rettray, and William Tyrie, ‘now her spouse,’ pursuers, ‘pass from the pursuit of the Laird at this time…’

Historical or Genealogical Significance

• Confirms the death of Mr Hugh Guthrie (university-educated or clerical) by violence under the walls of Brechin Castle in February 1548.
• Introduces an Alexander Guthrie serving as a Messenger (officer of the court) who was required, fifteen years later, to answer in connection with the same killing.

Legal Terms and Scottish Practices

• Messenger: An officer of the law charged with executing summonses and other formal processes.
• Finding caution for entry at the Ayre: Standard procedure to secure appearance at the next circuit court.
• Old feud, set purpose, provision and forethought felony: Language establishing premeditation and aggravation.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part X, Pages 443–450**

Date of the Entry June 1564

Guthrie(s) Identified

• Alexander Guthrie / Alexander Guthre, Common Scribe (Town Clerk) of Edinburgh

Guthrie Role Town Clerk of Edinburgh. He was initially among those delated with the Magistrates for putting William Patersone to liberty, but the Queen’s Advocate later passed from the pursuit against him. He was required to produce the common book of the burgh containing the acts anent the releaving of Patersone.

Other Primary Parties Identified

• The Bailies and Council of Edinburgh (co-accused)
• William Patersone (the prisoner released)
• Nicoll Zoung (the man who died after being hurt)

Original Document Language Scots

Purpose Long and complex proceedings against the Magistrates and Town Clerk of Edinburgh for releasing a prisoner who subsequently died of wounds. Alexander Guthrie, as Common Scribe, was drawn into the case but ultimately the pursuit against him was abandoned.

Modern English Translation (Selected passages)

… and Alexander Guthrie (‘Common scribe of Edinburgh’ — Town Clerk?) delated for ‘art and part of the putting to liberty of William Patersone…’

The Advocate required Alexander Guthre, Common Scribe of Edinburgh, in our sovereign lady’s name, to exhibit and produce before them, incontinent, the common Book wherein the Acts anent the releaving of William Patersone are contained.

… He also asked instruments, in name of Alexander Guthre, that the Advocates and pursuers passed from the pursuit of the said Alexander Guthre.

Historical or Genealogical Significance

• Confirms Alexander Guthrie serving as Common Scribe (Town Clerk) of Edinburgh in 1563–1564.
• Shows him formally involved in a high-profile case concerning the liberty of a prisoner, though the Crown ultimately dropped proceedings against him.

Legal Terms and Scottish Practices

• Common Scribe / Town Clerk: The official keeper of the burgh records.
• Passing from the pursuit: Formal abandonment of the prosecution against a particular individual.

End of Series: Criminal Trials & Other Proceedings