6

by the Lord Advocate to suppress these offensive papers, the precise nature of the Pasquils alluded to, cannot now be correctly determined. The likelihood, however, is, that besides detracting' the King and his maift nobill progenitouris,' and publicly branding the King as the Sone of Seniour Davie,' (a popular soubriquet for his sacred Majesty,) these offensive squibs had contained matter relative to the recent Conspiracy of THE EARL of GOWRIE. Such a conjecture is fortified by the circumstance of the well-known Mr Robert Bruce and Mr John Davidson, the persons to whom the Pasquils are fictitiously addressed, having publicly asserted the story of the Conspiracy to be an entire fabrication, and that the Murder was devised and perpetrated by the King and the Court faction, to rid themselves of a powerful rival.

After a minute and careful search, the Editor has not been able to obtain copies or fragments of these papers, or to get even a tolerable abstract of their contents. The only light we obtain from any contemporaneous writer, is from that amusing and minute Chronicler, Robert Birrell; who only ventures to say; The 8 of October, Frances Kennaird hangit at the Croce, for Treaffone aganis his Maieftie, for making of Plakketis and wreittis, fic as Cokkolentis.' The latter part of this mysterious intimation would lead us to believe, that these pasquils contained, amongst other satirical remarks, reflections on the Queen's conjugal infidelity. It is certain, at all events, that this shot took effect; and it is equally clear, that his Majesty retaliated, in a most ungenerous and cruel manner. In the course of investigating the public Records, &c. the only notice which the Editor observed, was in the Lord High Treasurer's Accounts; where, in the month of October, the following entry is mode: ITEM, to the Officeris of Jufticiare, for fummoning of ane Affyis to Francis Tennent, xl f.'

Should the Editor, afterwards, be so fortunate as to obtain inspection of these papers, or authentic contemporaneous transcripts, amongst the MS. Collections of Thomas first Earl of Haddington, then Secretary of State, Lord Advocate, &c. or from similar sources, they shall be given in the Appendix.] Dilatit for false, malitious and vndeutifull wryting and difperfing of sklanderous, calumnious and reprochefull Letteris, to the dishonour of the Kingis Maieftie, his hienes progenitouris, Counfale and procedingis; conform to the Dittay, produceit (by) Mr Thomas Hammiltoune Aduocat to our fouerane Lord. DITTAY against Frances Tennent.

FRANCES TENNENT, merchand burges of Edinburgh, ge are Indytit and accufit for pe fals, malitious, vndewtiefull wryting and difperfing of sklanderous, calumnious and reprochefull Lettres, to pe difhonour of pe Kingis Maieftie, his maist nobill progenitouris, counfale and procedingis; and steiring vp of feditioune and contempt in pe hairtis of his fubiectis, aganis his Maieftie; in maner, fubftance and effect contenit in twa of 3our Lettres writtin, heirwith produceit, and vfit as ane pairt of 3our Dittay; The ane of the faidis Lettres, writtin with 3our hand, and subscryuit be the feinzeit name of JAMES SYMPSOUNE, SCOLLER,' and directit to Mr Robert Bruce,' off the dait, at Newcaftell, pe xvij day of Januar, the 3eir of God Im.Ve.lxxxxvij 3eiris; and the vther, lykewyis writtin with 3our hand, and fubferyuit with the feinzeit name of Johne StrathaUCHIN;' and directit vpoune the bak, to Mr Johne Davidfoune:' Quhilkis twa Lettres, 3e laid doune in the Kirke of Edinburgh, to the effect the famyn mycht haif fallin in the handis of the pepill; thairbye to bring his Maiestie in contempt, and fteir vp his pepill to feditioune and difobedience; exprefslie aganis the Lawis and Actis of Parliament maid aganis Lefing-makeris and authouris of feditioune and infamous fpeicheis and writtis. Qubilk ze can nocht deny; Lykeas, 3e haif confeft pe famyn, be twa feuerall Depofitionis, fubferyuit with your hand.

1 Perhaps for Cokkoleingis,' cuckoldings. 2 See Cases of Diksoun, Aug. 3, 1596; Cornuall, Apr. 25, 1601; and Ross, executed Sept. 10, 1618.

The Aduocat produceit his Maiefteis Warrant, for perfute of Frances Tennent. The faid Frances Tennent produceit certane

DEFENSSES, in writt, aganis the Dittay; quhairof the tennour followis.

'IT IS alledgeit, for þe pairt of me Frances Tennent, that na proces aucht to be gevin aganis me, in þe Criminall actioune perfewit be my Lord Aduocat contrair me; becaus I am nocht deprehendit, in recenti crimine, bot is convenit vpoune ane deid, alledgeit done thre zeir fince or þairbye: And conforme to the Actis of Parliament, I aucht to be fummond vpoune fyftene dayis warning, and ane copie of þe Dittay gevin me; quhilk is nocht fwa done; bot I am fummarlie prefentit on pannell, without ony citatioune preceding. Secundlie, gifand1 zour lorfchip wald proceid aganis me the faid Frances, nochtwithstanding the alledgeance foirfaid; zit I aucht to haif ane copie of pe Dittay, and ane day affignit to me, to anfuer þairto; feing I am convenit on my lyffe; And gude reffoune vald I had ane day to be avyfit þairwith; And to remember the Dittay to be speciall, anent the cryme; And to allege, that speking generallie, without courfing,2 is na lawfull caufe to tak ane mannis lyffe. Thridlie, alledgeit, the Law Intitulat Si quis Imperatori maledixerit, 3—and produceit the buik to inftruct the Law, quhilk is ane Defence to me the faid Frances in this caife.'

It is anfuerit be my lord Aduocat, that the alledgance aucht to be repellit, in respect of the Dittay contening the cryme of Seditioun aganis the Prince, quhilk may fuffer na delay. As to the laft Defence maid vpoun the Law, 'Si quis Imperatori maledixerit,' the famin aucht to be Repellit, in respect of the Actis of Parliament maid anent the crymes lybellit; ordaning the authouris of sklanderous fpeichis and writtis aganis the Prince, his progenitouris, Counfall or procedingis, to be puneift to the death.

The Justice findis proces: Quhairvpoune the Kingis Aduocat askit inftrumentis.

The famin day, twa Letteris being produceit be the Aduocat, maid and writtin be Frances Tennent, togedder with his Depofitionis; the faid Frances acknowledgeit and confeffit in jugement the samyn to be his handwrit: Quhairvpoune the Aduocat afkis inftrumentis; and in respect thairof, and of the ij and fyft Act of the Kingis xiij Parliament, and vther Actis thairin mentionat, protestis, gif the Affyis clenge the said Frances, for Wilfull Errour. The Aduocat produceit

HIS MAIESTEIS WARRAND to pronunce dome aganis Frances Tennent, in maner following:

1 Giving or granting, that your lordship, &c.

2 Curfing' had been originally written, and is deleted in the record, to make way for the improved orthography courfing.'

3 Codicis, lib. 9,

tit. 7, 1. unic. Quoniam si id ex levitate processerit, contemnendum est: Si ex insania, miseratione dignissimum: Si ab injuria, remittendum.'

REX,

JUSTICE, Juftice Clerk and 3our Deputis, We greit 30w weill. It is oure will and We command zow, that vpoune pe sycht heirof, ze pronunce the dome following, vpoune ffrances Tennent burges of Edinburgh, efter his convictioune, of the forgeing and cafting doune of certane feditious Pafcallis: That is to say, that he fall be takyn to the mercat croce of Edinburgh, and his toung cuttit out at pe rute; and that thair falbe ane paper affixit vpoune his brow, bering, that he is convict for fforgeing and geveing out of certane vyild and feditious Pafcallis, detracting ws and our maist nobill progenitouris: And thairefter, that he fall be takyn to the gallous and hangit, ay quhill he be deid:2 As 3e will anfuer to ws vpoune 3our offices and obedience: Quhairanent, thir prefentis falbe 3our Warrand. Subferyuit with our hand, At Lynlythqw, the xxiij day of September, 1600 3 eris.

The faid Frances produceit ane vther Warrand, fubferyuit be his Maieftie, difpenfing with the former Warrand, quhairof the tennour followis:

. REX,

JUSTICE, Juftice Clerk and 3our Deputtis and Aduocat, We greit 30w weill: fforsamekill as, albeit be our vther Warrand direct to 30w, We commandit 30w to put ffrances Tennent to be torture of pe buittis; and pairefter to pronunce dome aganis him, that he fuld be careit to pe mercat croce of Edinburgh, and pair his toung to be cuttit out, and fyne hangit: Nochtwithstanding, for certane cauffes moving ws, We haif thocht gude to mitigat that sentence, be difpenfing with pe tortoring of pe faid frances, other3 in the buittis, or be cutting out of his toung; and ar content, that ze onlie pronunce dome aganis him to be hangit, without any forder: Quhilk We command 30w to do, be thir prefentis; and to forbeir the said tortour. Quhairanent thir presentis falbe zour Warrant. Subferyuit with our hand, At Dundie, the xxvij day of September, 1600 yeiris. (Sic fubfcribitur) JAMES REX.

VERDICT. For the quhilk crymes, the faid Frances was put to the knowledge of ane Affyis, &c.; and (they) being throuchlie avyfit thairwith, reenterit agane in Court, quhair thay, be the mouth of George Dowglas, callit of Bengowre, chancellar, ffand, pronunceit and declarit the said Frances to be fylit, culpabil and convict of the dittay abouewrittin, and crymes thairin contenit.

SENTENCE. The Juftice-depute, be the mouth of Robert Galbraith, dempftar of the faid Court, Decernit and ordanit the said Frances Tennent to be tane to ane Gibbet, befyde the mercat croce of Edinburgh, and thair to be hangit quhill he be deid; and all his movabill guidis to be efcheit and inbrocht to our fouerane lordis vfe, as convict of the faidis crymes.

NOTA. Immediatlie efter dome pronunceing, Mr Thomas Hammilton tuke vp the tua Lettres, writtis and Pafcallis, the ane direct to Mr Robert Bruce, and the vther to Mr Johne Davidsone, Minifteris; quhilkis twa Pascallis he vald nocht haif infert in proces.

1 Pasquils. This seems to be a dreadfully severe and barbarous sentence, when compared with the trivial nature of the offence; and marks a shockingly vindictive spirit on the part of the King. The case of Archibald Cornuall, Apr. 25, 1601, is another of many melancholy instances of the sanguinary temper of James VI. in all instances of infringement on his kingly dignity. Although the application of the torture, and cutting out of this unlucky libeller's tongue, were ultimately dispensed with, certainly the punishment was vastly disproportioned to the measure of the offence. The recent Conspiracies may perhaps have induced the King to make some severe examples; and poor Francis Tennent was offered up as the first suitable victim. Independently of his wounded kingly dignity, the wealthy burgess's escheat had proved too great a bait to James's cupidity, to admit of his passing scot-free. 3 Owther, either. ♦ Consisting of merchants of Edinburgh, but persons of no note.

Purchasing Poison-Poisoning Fowls.

Nov. 5.-THOMAS BELLIE, burges of Brechin, and James Bellie his fone. Dilatit and accufit for contravening of our fouerane lordis Actis of Parliament for bying, haifing and keping of poyfoune; mixing the famyn with daich,' and cafting doune thairof in Jonet Clerkis zaird in Brechin, for deftructioune of fowlis; be the quhilk poyfoune they distroyit to the said Jonet twa hennis. And being perfewit be Mr Robert Lyntoune, fubftitute for Mr Thomas Hammiltoune, aduocat, for the faid cryme, they refufit to pass to Affyis, bot come in our fouerane lordis will for the faid cryme: Quhairvpoun the faid Mr Robert afkit inftrumentis. The Juftice continewis the faid dyet to the morne.

Nov. 6.-Continewis in cras, the fevint of November.

Nov. 7.-Comperit Mr Johne Marfchell, Minifter of Brechin, and produceit his Maiefteis will; quhairof the tennour followis.

REX,

WE, vnderstanding that Thomas Bellie, induellar in Brechin, is become in our will for haifing and keping of poyfone, and poysoning thairwith of certane hennis: Thairfoir we declair our will as followis, to wit; That the faid Thomas fall, within the space of fourtie dayes, remove and depairt furth of our realme, and remane as a exylit and baneift perfoune furth pairof, during all the dayis of his lyffe; vnder the pane of deid: Commanding heirbye our Juftice, Juftice Clark and thair deputtis, to pronunce and delyuer pis our Will, iudiciallie; and caufe registrate the fame in our buikis of Adiornall. Subfcriuit with our hand, At Halyrudehous, the faxt day of Nouember, 1600.

SENTENCE. According to the quhilk, the Juftice, be the mouth of James Lowrie, dempfter, Ordanit the said Thomas, within the space of fourtie dayis, to remove and depairt furth of this realme, as ane exylit and baneift perfoune, furth thairof, during all the dayis of his lyftyme; vnder the pane of deid.

Slaughter.

Nov. 12.-WILLIAME HOME of Ballicafs.

Dilatit of airt and pairt of the Slauchter of vmqle M' Alexander Dikfoune, fone to vmqle Robert Dikfoune elder of Haffingtoune-maynis; committit the xxj day of Aprile, 1597 yeiris.

PERSEWAR, Johne Dikfoune.

THE Juftice continewis this mater, to the faxt day of Marche nixtocum. Plegio, Wilelmo Home de Ballandyne.'

[Mr Williame Borthuik, Juflice-Depute.3]

Hamesucken — Forcible Abduction—' Rapt and Ravishing." Jan. 13, 1601.-JOHNE KYNCAID of Craighous.

[THE CASE of Kyncaid of Craighous, which follows, affords a lamentable instance of perversion of the ends of justice, while, at the same time, it contains a most amusing illustration of the cupidity and " He also officiated on Nov. 20, 22, 25, Dec. 17, and Jun. 7.

1 Dough.

meanness of King Jamie the sapient and fext. At this period, it was by no means an uncommon thing, in Scotland, to make short courtships with heiresses and rich widows, by captivating' them by a coup de main and getting married, according to the briefest form recognized by the laws of the land; and, no doubt, some of these unceremonious courtships, in the long run, proved happy to all parties. The Laird of Craighouse, a Cadet of the ancient family of Kincaid of that Ilk, in Stirlingshire, (as were the Kincaids of Warriston, Craiglockhart, Coates, &c.) was possessed of considerable wealth. From the whole complexion of the following story, it appears pretty clear, that this luckless gallant had been regularly trained to carry off a certain buxom wedo.' It is not even alleged in the Dittay, that any violence had been done to the lady, farther than the fact of carrying her off. Perhaps it may be thought by no means improbable, that the Bailie of the Water of Leith, out of whose house she was said to have been carried, in the face of open day, was one of the parties concerned in facilitating the 'abduction ;' for it is very unlikely, that a 'wedo' could be thus forcibly taken, (after breaking up the doors of her dwelling,) and that she could, by any ordinary force, be carried, against her inclination, through the Village of the Water of Leith, and also through a populous part of the country, in the immediate vicinity of the City of Edinburgh, to the foot of the Braid hills, where Craighouse is situated; without raising the hue and cry, and being released, ere she had been carried a couple of miles. But it is still more incredible, that the perpetrators of this outrage should, in addition to the palpable indiscretion of committing this crime in broad daylight, be such bunglers, as all by accident' to ride into the heart of the King's hunting party! The machinery of the imprisonment, trial, and subsequent proceedings, were admirably contrived to practise on the fears of the unlucky Laird; until, at length, he fell into the snare which was so craftily laid for him—he 'become in our fouerane lordis Will !' It appears from the Acts of the Privy Council, that, on Dec. 18, 1600, John Kincaid of Craighous (was) committit to waird, within the Caftell of Edinburghe; thairin to be detenit, vpoun his awin expenffis, ay and quhill he be prefentit to the Juftice,' &c.; and the matter, as is proved by the Books of Justiciary, was hung up till Feb. 17, 1601; all which time poor Kincaid lay in durance vile,' and was finally forced, by squalor carceris, to accept of almost any terms. This Will,' it may be affirmed, is matchless! A fine of two thousand five hundred merks is imposed, which, considering the relative value of money at that time, was an enormous sum. To wind up the transaction, the King demands the Laird's guid broune horse,' to quench the remainder of his wrath; and perchance the King would think, with the reader, that the rapt of Craighous' was the best day's sport he had had for many a year.]

Dilatit of airt and pairt of the Rapt and Reveisching of Iffobell Hutchefoun, wedow; taking of hir captiue, &c.

PRELOQUUTOUR for the pannell, Mr Johnne Drowling.

PERSEWAR, Mr Robert Lyntoun, fsubstitute, for the aduocat.

The quhilk Johnne Kincaid of Craighous, hauing enterit on pannell, declarit, that he will becum in his Maiefteis will, ffor taking of Iffobell Huchfoun, wedow, his hienes frie leige furth of Johne Johneftoune, baillie of the Watter of Leithis hous, and taking of hir to his awin hous of Craighous; committit the xvij day of December laft. (Signed) JOHNE KINCAID.

DITTAY against Johnne Kyncaid of Craighous. FORSAMEKLE as he, with conuocatioun of the perfonis vnderwrittin, and diuerfe vtheris our fouerane lordis leigis; To wit, Robert Kyncaid, fone to

VOL. II.

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