ii a i. FKB. 12, 1910.] NOTES AND QUERIES.
121
LONDON, SATURDAY, FEBRUARY 1-', 1910.
CONTENTS. No. 7.
IfOTES: The Justice Ayre, 121 " Wiogpra ceaster": Worcester, 123 Nelson among his Intimates, 124 "Rumtum" "Tyrly tirlow" and the Coventry Play of the Nativity, 125 "Giiff"-Herb-strewina;-"Joy Riders"
Petrol in 1612, 126 Curious Biblical Statistics -C. Blacker Vignoles - Gloucester Election in 1761, 127.
OU ERIES : Fourteenth-Century Calendar Architect of Henry VII. 's Chapel, 127 Landor Anecdotes Amphillis Hyde and Charles II. Newberry and Gannock Families
Major W. Farquhar McConkey Family " Mallas j>igg" Authors Wanted Kinglake's ' Eothen.' 128 ICing Alfred : Canute William and Mary Howitt Sir John Chad worth Comboloio Rosary Burglar Folk-lore Cheyne Walk Peters's 'Fortune-Teller' Indian Chief's Oration to Lord Dunmore Yule Log in Cornwall, 129 Press Yard in Old Newgate Prison Capt. Brooke and Sir James Brooke, 130.
KEPLIES : 'The Book of Oaths,' 130 "Yon," 131 Drink- ing Tobacco Osbaldistone Funeral Plumes, 132 Authors Wanted Brooke of Cdbham Cannon Ball House, Edinburgh 'Cornhill' Sowing by Hand "Welsh": Origin of their Name, 133 W. W. Ryland First Nonconformist Minister in Parliament, 134 Swift f.t Havisham " Tally." Card Term "Tally-ho" Milton on the Palm, 135 "Man in a quart bottle " Levels of Northampton 'Canadian Boat Song,' 136 Basil Goode
Yew in Poetry Archdeacon of Taunton as Naval Authority Voltaire on Love -Thomas Creevey, 137.
NOTES ON BOOKS : ' Campion's Works ' ' The Faerie
Queene' Reviews and Magazines. Booksellers' Catalogues.
OBITUARY : James Platt, Jun. ; A. J. Munby. Notices to Correspondents.
THE JUSTICE AYRE.
A REFERENCE in a recent issue of The Scotsman to the disposition of the judges for the different " Circuit Courts " in Scot- land recalls the pomp and ceremony attached to the procedure in the several Royal Burghs, and suggests inquiry into the origin and development of the " Justice Ayre. n
In the earlier years of Scottish history considerable jurisdiction was exercised in the Baron's Court. He had the power of .judging persons who had been found guilty of " infang " and " outfang " theft. The first referred to cases where the thief was a,n inhabitant of the place, and taken within the barony, with the article stolen in his hands or on his back. Man-slayers taken red-handed or immediately on commission of the crime were also liable to be brought up before the Baron. In the cases where he had the power of inflicting the punishment of death, the sentence had to be passed within three suns or days after the crime had been committed, but the execution of
it could be deferred for nine days thereafter.
The ordinary instruments of execution
made use- of were termed " pit and gallows,"
the women being drowned in the pit, and the
men hanged on the gallows.
One of the cardinal points laid down was that the Justice Ayre was not to be held on the occasion of any festival. The " dittay " or indictment must be cried on twenty days or more : and forty days were to elapse between the issue of the indictment and the holding of the Court. Elaborate rules were drawn up to regulate the procedure of the Court, which included among other matters a statement regarding the declaring of goods escheated to the King. This involved a thrice " blawin on the home " at the Mercat Croce. In 1357, in order that any suspicion of inefficiency on the part of the judges should be removed, and that fuller justice should be done, and at the same time to strike terror into those who harboured evil intentions, the King resolved to attend the Justice Ayre himself. The custom was kept up for two centuries later. Queen Mary's visit to the Borders, when she took ill and lay in such a dangerous condition at Jedburgh, was primarily to hold a " Justice Air and Justice Courtis to try everie mannis estait and con- ditioun as he salbe fund innocent or gilty according to the lawis." Outwardly at least, all effort was to be made to have the channels of justice run pure, and to this end " only honest and sufficient persons of discretion n were to be allowed to practise as lawyers, and it was part of the Court procedure to hold an inquest on " sorners, bards, masterful beggars, and feigned fools." The Court was to be held twice a year, according to old custom ; and in moving from place to place, it was expressly stipu- lated that in the retinue there was to be only a limited number of followers. Rather a curious perquisite was inserted in a grant of regality to the Bishop of St. Andrews. It was expressly stated that between the waters of the Tay and the Forth no one arrested for trespass was to be subject to the jurisdic- tion of any Court but that of the Bishop.
In the end of the sixteenth century an Act was passed appointing Mondays to be held as a holiday, and among those who were to observe the ordinance were the Courts, the reason given for the statute being that it was to avoid profanation of the " Saboth day, quilk suld be allanerlie bestowit and imployit in Godis service and na uther wyis." Instead of it being so, it had " bone abuisit be the ha ill leigis of the realme be hanting, and using of gainiis and pastymis
