The book Arran; - Cook Clan

96 THE BOOK OF ARRAN
treason. The baron's bailie in Arran, it is recorded, ' has
power to fine as high as twenty shillings ; can decide in
matters of property not exceeding forty shillings ; can imprison
for a month ; and put delinquents into the stocks
for three hours, but that only during daytime.' ^ But in
theory the ' four pleas of the Crown '—murder, robbing,
rape, and fire-raising—were in the province of the King's
Justiciary on circuit, and the circuit court for Arran was
allotted to either Ayr or the head burgh of the shire in Bute,
in which latter place also the sheriff court would sit. This,
it will be understood, was not a very convenient arrangement
for the parties, and, so far as the justiciary courts were
concerned, special commissions were often given to particular
persons to deal with the more serious crime in Arran
on the spot, usually to a proprietor. Thus in 1548 we find
a commission of justiciarship to Thomas Montgomery of
Skelmorlie 'within bounds of 21 librates of land of old extent
of Lochransay and Sannokes.' ^
In the opening years of the seventeenth century the state
of things plainly called for some such direct handling of the
problem. One good reason for the excess of crime is given
as the absence of the Marquis, which is formulated in 1622
as ' the non-residence of the Marquis there,' to which is
added the fact that ' neither he nor his baillies there are
authorised with powers of Justiciary.' The Privy Council
take action in 1608 by granting a commission of justiciary
over the island to the Earl of Abercorn, but in 1619 the
commission is to the Marquis himself, with power to appoint
deputies and hold circuit courts ; crimes, it is noted, having
become very frequent ' for want of such courts.' Again in
1622 we have a similar commission to the Marquis and his
bailie, but for one year only. Nevertheless the practice
' Pennant's Tour in Scotland, p. 178.
2 Exchequer Rolls, vol. xviii. p. 434 ; twenty pound lands according to an old
valuation for purposes of taxation.