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MacGregor was sent under a strong guard to the frontier of England, and being thus, in the literal sense, sent out of Scotland, Argyle was judged to have kept faith with him, though the same party which took him there brought him back to Edinburgh in custody. MacGregor of Glenstrae was tried before the Court of Justiciary, 20th January 1604, and found guilty.
"The gentlemen of the jury may now view the exhibits," said the justiciary. The foreman and some of the jury rose from their seats, and, holding their hands in awkward positions, approached the table and looked in turn on the ring, vials and jars. The merchant even tried the ring on his finger. "What a finger he had," he said, returning to his seat.
He raised his banner in the name of King John of Scotland, and, with the help of another outlaw chief, Sir William Douglas, pounced on the English justiciary, Ormesby, while holding his court at Scone, put him to flight, and seized a large booty and many prisoners.
These offers were, that Richard should promise to govern and judge his people by law; that the dukes of Exeter and Surrey, the Earl of Salisbury, the Bishop of Carlisle, and Maudelin, the King's chaplain, should submit to a trial in parliament, on the charge of having advised the assassination of Gloucester; that Henry should be made grand justiciary of the kingdom, as his ancestors had been for a hundred years; and that, on the concession of these terms, the Duke should come to Flint, ask the King's pardon on his knees, and accompany or follow him to London.
Monteith being known as a friend of Wallace, was sent under a strong guard toward Stirling, there to stand his trial before Cressingham and the English Justiciary, Ormsby. "By a lucky chance," said he, "I made my escape; but I was soon retaken by another party, and conveyed to Ayr, where the Lieutenant-governor Arnuf, discovering my talents for music, compelled me to sing at his entertainments."
We reached Saragossa in safety, and there my first act was to surrender myself to the Grand Justiciary of Aragon to stand my trial for the murder of Escovedo with which I was charged. It must have sent a shudder through the wicked Philip when he received news of that.
Now, you pass below the Outer Hall and hear overhead, brisk but ghostly, the interminable pattering of legal feet. Now, you come upon a strong door with a wicket: on the other side are the cells of the police office and the trap-stair that gives admittance to the dock in the Justiciary Court. Many a foot that has gone up there lightly enough, has been dead-heavy in the descent.
They considered also, it would seem, that neither the Chief Executive nor the Legislative Assembly was bound by the action of this Administrative Tribunal, its action being wholly advisory, but that the Chief Executive was bound to take its advice before making his dispositions; and that the Chief Executive, when acting as an Administrative Tribunal for disposing and regulating the common affairs of the free states of the Justiciary Union, after taking the advice of this permanent Administrative Tribunal, was a tribunal of first instance.
The first of these documents is a petition to Charles Edward. It is dated 20th September 1753, and pleads his service to the cause of the Stuarts, ascribing his exile to the persecution of the Hanoverian Government, without any allusion to the affair of Jean Key, or the Court of Justiciary.
My grandfather, when this perfidy came to a head, was at Finlayston-house, in the shire of Renfrew, with the Earl, his master, who, when he heard of such a breach of faith, smote the table, as he was then sitting at dinner, with his right hand, and said, "Since the false woman has done this, there is nothing for us but the banner and the blade;" and starting from his seat he forthwith ordered horses, and, attended by my grandfather and ten armed servants, rode to Glasgow, where Sir Hugh Campbell of Loudon, then sheriff of Ayr, and other worthies of the time, were assembled on business before the Lords of Justiciary; and it was instanter agreed, that they should forthwith proceed to Stirling where the court was, and remonstrate with the Queen.
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