The Prosecuted

All families have their share of law breakers - those 'skeletons in the closet' waiting to surprise unwary family historians. Individuals bearing our surnames are no exception. Some of our ancestors were punished severely for petty crimes or superstitions, often paying the ultimate price. They may have been stealing food just to survive and others were possibly hardened criminals. We can never fully comprehend their circumstances at that time. Rather than let those folk stay hidden, we will list some of those who shared our surnames and found themselves at the mercy of the early court system.

AGNES FRAME (aka FREM or FREN)

ABERDEEN SCT - 1597

Crime: Accused by Mr John Ros, Minister at Lumphanan of certain points of Witchcraft.

'The said day, comperit Johne Ross of Auchlossin, and become cautioun for the entrie of Agnes Frame, vnder the pane of vc merkis vpon sex dayis varning.' (Spalding Club Aberdeen, John Stuart, The Miscellaney of the Spalding Club, 1841, p.183)

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ALEXANDER FRAME

GLASGOW SCT - 1822

Crime: Stealing 12 pair of gloves

From: TRIALS & SENTENCES

Glasgow, April 18th, 1822 - The Court has gone through the following cases...

ALEXANDER FRAME, for stealing 12 pair of gloves from Mr. Proudfoot, glover, Glasgow, on the 16th Feb. last, pled Guilty, and was sentenced to 14 year' transportation. (Transported to Tasmania, AUS aboard the Morley)

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JAMES FRAME

LANARK, LANARKSHIRE SCT - 1629

Crime: Witchcraft

LANARKSHIRE. April 15 [1629]. Commission to Sir John Hamiltoun of Barganie and others to apprehend and examine Janet Scot in Wicketshaw, Marion Schailer in Law, Janet Weir in Baruch, Helen Simsoun in Craignuick, Agnes Adame in Cleghorne, Isobel Quhyte in Auchquhren, Beatrix Crichtoun in Kirktoun of Dowglas, Margaret Fischer in Stainbyremylne, John Grienscheills in Dundreven, Janet Clerksoun in Cauldlaw, Margaret Semphill in Strafranke, Margaret Hutchesoun in Kirkbanke, Margaret Wilsoun in Lanerk, James Frame in Lanerk, Margaret Hastie in Welgait of Lanerk, and Jean Cleilland in Corehouse Mill, who “ar commoun practisers of the detestable crymes of witchcraft, using of charmes and inchantments, laying on and taking aff of sicknesses, and uthers devilish practises,” as the depositions of Isobel Gray, lately “brint for witchecraft, both before her convictioun and at her death," show. Register of the Privy Council, 2.series, v.3, p.145. (George F Black, Calendar of Cases of Witchcraft in Scotland 1510 to 1727, P.43)

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MARGARET FRAME

OLD BAILEY, LONDON ENG - 4 Dec 1740 Reference Number: t17401204-17

Crime: Theft - Receiving - Acquitted

- - - 23 Robert Legrose , of St. Mary, White-chapple , was indicted (with William Yorke , not taken) for breaking and entering the House of John Clack , and stealing 31 Cloth Coats, value 30 s. 23 Cloth Waistcoats, value 20 s. 13 Cloth Jackets, value 10 s. 13 pair of Breeches, value 5 s. 6 Shirts, value 12 s. one pair of Leather Breeches, value 1 s. and 3 Shifts, value 3 s. the Goods of John Clack , Sept. 17 . And,

For this Fact Edward Mudder , and Tho Clack , were tryed last Sessions.

- - - 24. Margaret Frame , of St. George, Middlesex , for receiving 10 Cloth Coats, 3 Cloth Jackets, and 13 pair of Breeches, Parcel of the said Goods, knowing them to be stolen .

John Clack . My House was broke open on the 17th of Sept and robb'd of the Things mention'd in the Indictment; my Doors were fast when I went to Bed, and when I was wak'd, I found 'em broke in a violent manner. The Lock on the inside was broke, and the Padlock taken off; I lost so many Things, that I was obliged to hire a Cart to bring them here last Sessions.

Valentine Harman. The Prisoner Legrose, one Wood, and two Men that were try'd last Sessions, brought some Cloaths to my House: I live in Rag-Fair and deal in Rabbits, and was going to the Brew-house for Grains, when they came in, with each his Arm full of Cloaths; it was the 17th, of Sept. between One and Two in the Morning. They laid their Bundles down on the Ground, and said one to another: Come, let us go back for some more. I asked where they had them from ? and the Prisoner said, from a House in Rag-Fair; they then went down the Alley, and I call'd up Mr. Studder, and shut him into a Closet, because they should not see him. In a little Time they knock'd at the Door, with each another Arm full of Cloaths, which they threw down on the Floor to the rest; the Prisoner was for going for more, but Clack (who was executed) said, No, let us have some Victuals and Drink first. Aye, said the Prisoner, let us have three or four Shillings worth of Bread and Cheese. I catch'd hold of these Words, and said, I would fetch some. I gave them a Candle, and desired them to go up Stairs; they did so, and I immediately went to the Watch-House for an Officer; we came back and let Studder out of the Closet; and took Madder, Clack, and Wood; but the Prisoner was gone, pretending to fetch his Wife. We carried them to the Watch-House, and the Prisoner having told me there were as many more Cloaths at Carlow's, as at my House, we went there, and knock'd at the Door; the Prisoner Frame, came to the Door, and said, she could not find the Key; I look'd through the Key-hole, and saw the Prisoner Legrose go out at the Back Door, and then we were let in. I look'd down the Cellar Stairs, and saw a great many Cloaths which the Prosecutor own'd to be his; he came to us soon after we had secur'd those three Men.

Thomas Studder confirm'd the above Evidence.

Clack, again. When I was call'd out of Bed, I went to the House where that Gentlewoman who stands at the Bar lives, and we demanded Entrance; she kept us some time at the Door before she would let us in, and when we did get in, I saw a great many of my Cloaths on the Cellar-stairs.

Harman. Mrs. Carlow, was at that Time gone to France, and the Prisoner Frame , was left to take Care of the House.

Prisoner Frame. I desire the Prosecutor may be ask'd, whether he found any of his Cloaths in my Room?

Clack. I don't remember that I was in her Room.

Harman. I am positive it was the Prisoner Frame that kept us out, for I saw her thro' the Key-Hole, and the Yard-Door was open, but I can't say that she knew of the other Prisoner's going out.

Frame. I waited in the Room with his Witnesses all the last Sessions, and he said my Name was never mentioned; I drank Part of two full Pots of Beer with him.

Clack. I did mention her Name here several Times; and as to drinking with her, I don't know but I might drink a drop of Gin with her.

The Constable. I had Legrose's Commitment from Justice Fowke to bring him to Newgate, and in the Way thither I told him he had better have gone abroad; but he said, D - n it, it is too late now, but I wish I had the old Rogue (the Prosecutor) in my Place. He desired that I would speak for him, that he might be put in the same Place with his Accomplice Madder.

Legrose. I know nothing of what is alledged against me.

Frame. I was to have 2 s. a Week for looking after this Woman's House; I never saw this Man till I saw him in Prison .

The Revd Mr. Guthrie. The Prisoner Frame liv'd with me as a Servant two or three Years, and I never heard but that she was an honest Woman.

Richard Yeomans . I have known her between five and six Years; I never heard any Ill of her, but she always behav'd herself well.

Margaret Cray . She has been an honest Woman ever since I have known her; I was her Bail, and do not think that she would receive Goods knowing them to be stolen.

Legrose Guilty , Death . Frame Acquitted .'

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MATTHIAS FREAM [aka FRAME]

OLD BAILEY, LONDON ENG - 26 Feb 1735

Reference Number: t17350226-11

Crime: Theft - grand larceny; Perverting Justice

'11. Matthias Fream, a Soldier, was indicted for stealing a Hat, value 8 s. the Goods of Thomas Parr, April 22 .

He was a second time indicted for rescuing Ann Ward, and Bridget Fream out of the Custody of a Constable, April 22 .

Thomas Parr. On the 22d of, April last in the Evening, I was called by Mr. Price to carry two Shop-lifters, Ann Ward, and Bridget Fream , from the Round-house before Justice Hilder, who made their Commitment to the Gate-house A Coach was call'd for that purpose: The Coach-man drove down Rose Street, into an Alley where a House had been burnt down, which occasioned a Stop for a Quarter of an Hour. At about eight o'Clock we came into St. Martin's Lane , where the Prisoner and eight or nine more attacked us, broke the Coach-Doors to pieces, and rescued the Woman. My Hat was beat off in the Fray, and I saw the Prisoner take it up and carry it away.

Prisoner. How can you be sure that I took it when several others were there?

Parr. He staid the last Man of the Mob: The rest were gone a little before when he took my Hat up - When the two Women were in the Round-house that Afternoon, he came several times to them. The last time was about five o'Clock when his Wife bid him make haste: And he answered, I'll be ready for ye, and I warrant ye I'll do your Business.

Several other Witnesses deposed to the same effect, and the Jury found the Prisoner Guilty of both Indictments.'

Matthias 'Frame' was sentenced to Transportation. Transp. Apr. 1735, landing certif. Maryland USA Oct. 1735

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RICHARD FRAME

SCOTTISH BORDERS - 1587-88

Crime: Theft

Richie Frame was one of the infamous Border Reivers. Among other things, he was charged with stealing oxen, horses, silver and gold, whether coined or uncoined. From the 'Border Papers volume 1: June 1590', Calendar of Border Papers: volume 1: 1560-95 (1894), pp. 353-365 we have the following references to him:

- ' The same [Sir Cuthbert Collingwood knight] and his tenants of Brantoun, upon Hobb Davisoun of Fumerden, Will Taitt of the Burn fitt, Dande Young of Feltershawes, Richard Younge his brother, Jocke Younge "Blackehall," Thome Younge "Gennetes Thome" of Clifton, Marke, George, and Charlie Burne of Elishewghe, RICHARD FRAME of the Woodend, and Jocke Burne younger of Cliftoun coatt, with 30 men, reiving from Brantoun 30 kye and oxen, 6 horses and mears, insight, silver and gold coined and uncoined, in October 1587...
- ...The said Sir Cuthbert and his servant James Scott of Bowtoun, upon RICHIE FRAME of the Woodend, Charlie, Marke, and George Burne of Elishewgh, for stealing 6 horses and mears in March 1587, and John Collingwood of Titlingtoun was "strokenn" from his horse in following...
- ...Sir Cuthbert Collingwood and his tenants of Ingram, upon George, Charles, and Mark Burne of Elishewghe, Dand Younge of Feltershawes, Gib Burne of the Loughe, RICHIE FRAME of the Woodend, and Jock Burn the younger, for reiving from Ingrame, 30 kye and oxen, insight worth 5l. sterling, wounding Thomas Tevidaile, 28 June 1588...
- ...The same, upon Jock Burne of the Coatt younger, Mark, Charlie and George Burne of Elisheugh, RICHIE FRAME, Thome Burne of Autenburne and Jocke Younge "Blackhall," who "in forcible manner entred the outter courttinge of Harbottle castle," and took 60 kye and oxen, 14th August 1588...'

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THOMAS FRAME

EDINBURGH SCT - 1608

Crime: Cattle Stealing

Cattle-stealing

Mar. 11. — Thomas Fram, sumtyme servand to James Hammiltoun of

Spittelscheill.

Dilaitit of airt and pairt of the thistious Steilling, conceilling, resletting and away-taking of thre oxin and ane kow pertening to James, Lord of Balmirrinoch, furth of his landis of Mulrum ; committit in the moneth of August Im.Vjc. and sax yeiris. — VERDICT. Guilty. James Levinstoun of Jeriswoid, chanceller.

SENTENCE. To be tane to the mercait croce of Edinburgh, and thair to be hangit quhill he be deid; and all his moveabill guidis, gif he ony hes, to be confiscat to our fouerane lordis vse.

[Mr Williame Borthuik, Justice-Depute.]

(Robert Pitcairn, Scotland, High Court of Justiciary, Ancient Criminal Trials in Scotland, 1833, pp.541-2)

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THOMAS FRAME

OLD BAILEY, LONDON ENG - 2 June 1731

Crime: Arson. Acquitted.

'Thomas Frame , of Hendon , was indicted for setting Fire to the House of William Edgerly , the 19th of March last.

Mary Loder depos'd, That the Prisoner and his Master Mr. Farrington came about a Quarter of a Year ago to her between 9 and 10 o'Clock at Night to the Turn-pike-House, her Master being in Bed, and she being lighting a Fire in the Turn-pike-House, that they said to her, Mr. Edgerly has gotten a new Maid, and Mr. Farrington said, ay! and he has got my Business too; that Farrington said, if you will do one Thing for me, I will give you some Money, that she ask'd, what that was? He answer'd, kill your Master's Fowls. She ask'd how? They said, they would bring her a thing to do it with, and the next Night they brought her a Stick with a Wier ty'd to the End of it, telling her, she must put it up the Bodies of the Fowls, and it would draw their Guts out. That the next Night they came again, and ask'd her, if she had kill'd any? And she told them she had kill'd two; that they came again the next Night, and Mr. Frame ask'd her to do one thing more, and that was to set Fire to her Master's House, and that she being unwilling, Farrington said, D - n you, if you will nor, some Body else shall, and that the House was set on Fire 2 Nights after. That the second Time it was set on Fire, she seeing the Prisoner setting Fire, to it, he jump'd down, and said to her, D - n you, you have frightned me, and if you do not tell me, if they are all still, I have got a Knife, and I will kill you this Minute; that she told him they were all a Dancing, and this was an Hour before Day.

This Evidence being ask'd by the Court, Why she did not discover this till so long time after? (which, as she said, was about three Weeks since she discover'd it) she answer'd, because she was afraid of her Life; but not being easy in her Mind, without discovering it, she did declare it; she added, that after the Prisoner had jump'd down, he shew'd her a Paper, Touch-Wood and Tinder-Box, that this was about an Hour before Day, and that about an Hour after it was Day, he was behind the new Chimney, and he shew'd a Pipe and Touch-Wood, and told her, that it would lie 3 or 4 Hours before it kindled; that he lighted the Touch-Wood, and put it under the Thatch, and that afterwards it was all on a Blaze, and that he came the third Time, and was behind the new Chimney, and she saw him light the Touch-Wood with his Pipe, and put it under the Thatch; that her Mistress sending up the Boy to take down the Straw that was about, he cry'd Fire.

John Garret depos'd, That he was there the third time, and went on the Top of the House, and found Touchwood, Tinder and Paper.

Joseph Watts depos'd, That he did not know the Prisoner, but he saw the House on Fire.

William Edgerly being call'd, said, His House was set on Fire, and that Mary Loder had revealed this but about three Weeks ago.

Joseph Wayman depos'd, That he call'd the Prisoner up out of Bed between twelve and one of the Clock that Night that the Prosecutor's House was said to be set on Fire, that he helped him to turn his Sheep out of the Ground, and they found the Sheep which was not dead, and so they stuck it, and when they came to Farrington's about Two of the Clock, he sent for a Butcher to dress the Sheep, and the Prisoner assisted in dressing the Sheep, and by that time it was Four a Clock, or more, and he thinks he was never out of the House between that time and break of Day; that about half an Hour after Day-Light he went to Market, and saw no Fire, but heard of the Fire when he return'd.

Thomas Moore , the Butcher, depos'd, That the Prisoner came to him to dress the Sheep between one and two a Clock, and was in the House with him between five and six of the Clock, and went to his Work when the Sun was about half an Hour high.

After a full hearing of the Matter, the Jury giving no Credit to the Evidence of Mary Loder , acquitted the Prisoner; and it appearing to the Court to be a malicious Prosecution, they granted the Prisoner a Copy of his Indictment.'

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