202 The Market Cross of Dumfries. 



An exceptionally ferocious punishment took place at the 

 Market Cross in January, 1565-6. The Master of Maxwell, then 

 Warden of the Western Marches, took " a man of the Laird of 

 Johnston's (a notable thief) and burnt him at the Cross in Dum- 

 fries." Johnstone thereupon for this and other causes chal- 

 lenged the Master of Maxwell to personal combat, and Maxwell 

 wrote the Queen for license to take up the challenge, either in 

 his own person against the said Laird and one of his sons or any 

 •other of the Johnstone family, or else with 40, 50, or 100 

 Maxwells against as many Johnstons. ^ The quarrel, however, 

 •seems to have been settled by less bloody means. 



On the 29th of August, 1577, a curious expiation for libel 

 took place and was recorded by the " Scribe of court ' ' in the 

 following words : " In presence of Harbert Ranying ane of the 

 balleis of Drumfreis beand vpone the girss hill besyd the mercat 

 corce compeirit Robert Mwrdocht tailzor and thair of his awin 

 proper grant and confessioun grantit that he had .spokyn Injurius 

 words to James M'Caule, sayand the said James had tretrousle 

 ■desawit and sauld Edinburgh! and that he was ane weray theifiown 

 wt money [and] otheris Injurius words for the qlk he being laid in 

 the stoikis and puneschit therfoir he grantit his offence and vpone 

 his bair keneis crying god mercie and forgewness as alswa the 

 Judgeis of the town and the said James and grantand his fault 

 thairof and said he did it in his Dronkynnes and thairfoir beand in 

 the place appoyntit for him to maik his amendis said In thir 

 words I Rob Mwrdocht tailzor grantis my fault done be me to the 

 said James and I leid falshlie In everie word thairof and grantis 

 my self worthe of punesment as lesing [lying] agains the said 

 James ane man of gud fame and estimatioun And oblesses myself 

 of my awin fre will newer to comit the lyk offence nor sklander 

 agains the said James nor vther person wtin this burght nor land- 

 ward and geif I do wtout ony farder fauers I am contentit to be 

 banesit the town thairfoir. Tryell of being tane qrpone the said 

 James requyrit act qlk the Juge decernit." 



It is not clear what offence was committed in Rob Mwr- 

 docht's estimation by M'Caule having " tretrously desawit and 

 sauld Edinburght." The measures of Edinburgh were smaller 

 than those of Dumfries, and the libel may only ha^■e been an 



2. Cal. State Papers (Foreign), 1566-8. 



