REX, JUSTICE, Juftice Clerk and 3our Deputis, We greit 30w weill. It is oure will and We command 30w, that vpoune pe fycht 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:1 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 zeris.

The faid Frances produceit ane vther Warrand, fubfcryuit be his Maieftie, dispensing 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 pe 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 dispensing with pe tortoring of pe faid ffrances, other3 in the buittis, or be cutting out of his toung; and ar content, that 3e onlie pronunce dome aganis him to be hangit, without any forder: Quhilk We command 30w to do, be thir prefentis; and to forbeir the faid tortour. Quhairanent thir presentis falbe 3our 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 knawledge 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 faid 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 faid 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 Davidfone, Minifteris; quhilkis twa Pafcallis he vald nocht haif infert in proces.

1 Pasquils. 2 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 3 Owther, either. * Consisting of merchants of Edinburgh, but persons of no note.

scot-free.

4

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 3aird in Brechin, for destructioune of fowlis; be the quhilk poyfoune they diftroyit to the faid Jonet twa hennis. And being perfewit be Mr Robert Lyntoune, fubftitute for Mr Thomas Hammiltoune, aduocat, for the said 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, Minister 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 cause registrate the fame in our buikis of Adiornall. Subfcriuit with our hand, At Halyrudehous, the faxt day of Nouember, 1600.

(Sic fubfcribitur)

JAMES REX. SENTENCE. According to the quhilk, the Justice, be the mouth of James Lowrie, dempfter, Ordanit the faid 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.]

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 2 He also officiated on Nov. 20, 22, 25, Dec. 17, and Jun. 7.

1 Dough.
1

meanness of King Jamie the fapient 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, substitute, 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 Johnestoune, 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 2 U

VOL. II.

Edward Kyncaid, burges of Edinburgh, Dauid Watfoun, fifter-fone to Johne Johneftoun, baillie of the Water of Leith, Johne Watfoun, his feruand, Alexander Barcar, baxter in Edinburgh, Johnne Quhippo, baxter thair, and Williame Hepburne, with diuerfe vtheris his complices, of his fpeciall convocating, caufing, command and directioun, laitlie, vpoun the xvij day of December lastbypast, being bodin in feir of weir, with fwordis, fecreittis and vtheris wappynnis, invafiue, contrair the tennour of our fouerane lordis Actis of Parliament, come to Johne Johneftoun, baillie of the Water of Leith duelling-hous thair; quhair Iffobell Huchfoun wedow was, in fober, quyet and peceabill maner for the tyme, dredand na evill, harme, iniurie or persuit of onye perfonis, bot to haife levit vnder Godis peax and our fouerane lordis: And thair, be way of hamefuckin and conuocatioune of our fouerane lordis liegis, as faid is, violentlie and forceablie brak vp the duris of the faid duelling-hous, enterit thairin be way of deid, and pat violent handis in the faid Iffobellis perfoun, tuke hir captiue, reft, reveifchit and tuke hir away with him to his place of Craighous; quhair he detenit hir, quhill his Maieftie, being vpoun the feildis, accumpaneit with Joline Erle of Mar, Sir Johne Ramfay and diuerfe vtheris, his Maiefteis domeftik ferwandis, heiring of the committing of fik ane horribill fact, directit the faidis Johne Erle of Mar, Sir Johne Ramfay and diuerfe vtheris his hienes ferwandis, to follow hir, and to releve hir furth of his handis; quha haifing cum to his place of Craighous, and requyring for hir relive, he refufit to grant the samyn, quhill thay manaffit to bring his Maieftie about his faid house, and raise ffyre thairin; and fwa compellit him to releve hir: Committing thairbye, Rapt and Reveifching of the faid Iffobell, Hamefuckin, Convocatioun of our fouerane lordis liegis; and hes treffonablie vfurpit his hienes auctoritie, in taking and violent and forceabill detening the faid Iffobell his frie liege, expres contrair the lawis and Actis of Parliament; and he being airt and pairt thairof: Quhairbye he hes incurrit the panis, contenit in the faid lawis and Actis of Parliament; quhilkis fuld be execute aganis him, with all rigour.

Continewit to the morne, the xiiij day of Januare.

[Mr Williame Hairt and Mr Williame Borthuik, Juftices-Deputes.]

(Feb. 17.)-The quhilk day, Johne Kyncaid of Craighous, being enterit on pannell, appointit to heir and fee our fouerane lordis Will declarit, in the quhilk he become, in ane Court of Jufticiarie, haldin in the Tolbuith of Edinburgh, the xiij day of Januar, the yeir of God Im.Vjc. and ane yeiris, be Mr Williame Borthuik, Justice-depute, for taking of Iffobell Hutcheoune wedo, his hienes frie liege, furth of Johne Johnestoune, baillie of the Water of Leith hous thair, and taking of hir to his awin duelling-houfe thair; committit the xvij day of December lastwas:-Comperit Mr Williame Brois, feruitour to Alexander Maf

ter of Elphingfloune, Thefaurer to our fouerane lord, and produceit ane Warrand direct to the Justice, Justice Clark and thair deputtis, contening his hienes Will; and defyrit the Juftice to pronunce and declair the faid Will, according thairto; and to cause infert the famyn in the buikis of Adiornall, to haif the ftrenth of ane Act and decreit thairof. The quhilk Warrand being red, the Juftice pronunceit his hienes Will conforme to the tennour thairof, and ordanit the famyn to be infert and registrate in the buikis of Adiournall; to haife the ftrenth of ane act and decreit thairof; with executioun of horning and poinding, to be direct aganis the faid Johne and his cawtioun, for fulfilling of the faid Will; and the horning to be vpoune ane fimple charge of fax dayes wairning; quhairof the tenour followis:

JAMES, be the grace of God, King of Scottis. To our Juftice, Juftice Clark and pair deputis, greting. Forfamekill as Johne Kyncaid of Craighous, is becum in our will, for pe Reveifching of Iffobell Huchefoun, wedo: Thairfoir, We declair our will as followis, to wit; that the faid Johne Kyncaid fall mak payment to ws and our Thefaurer, in our name, or to fik vtheris as our faid Thefaurer fall appoynt and affigne, of the fowme of xxvc (2500) merkis money of our realme: As alfo, that he fall delyuer to ws and our faid Thefaurer his broune horse: Commanding heirbye 30w our faid Justice, Juftice Clark and 3our deputis, to caufe pronunce and declair pis our will aganis pe faid Johne, judiciallie, and infert pir prefentis in our buikis of Adiornall, to haif the ftrenth of ane act and decreit; that executioune of horning and poynding may be direct aganis pe faid Johne, vpoune ane fimple charge of fax dayes. Subferyuit with our hand, at Halyrudehous, the laft day of Januar, 1601 zeiris. (Sic fubfcribitur) JAMES REX.

Slaughter.

[Mr Williame Borthuik, Justice-Depute.]

Jan. 22.-WALTER SCOT, James Scot and William Scot in Schoftanis, all brether to Robert Scot of Bowhill, and John Scot in Quholplaw, alias callit Johne of Bonytoune.

Comperit Mr Allane Hammiltoune, feruitour to Sir Archebald Naper of Edynbillie, knycht, and as procuratour for the faid Sir Archebald, and produceit our fouerane lordis lettres, deulie execute and indorfat, purcheft be Alefoune Edmeiftoune the relict, and the faid Sir Archebald Naper as fader, with the brether and remanent kyn and freindis of vmqle Archebald Naper, Gudeman of the Wowmet;' to tak fouertie of Walter Scot, &c. that thay fuld haif comperit befoir the Justice or his deputis, this day and place, in the hour of caufe, and vnderlyne the law for the Slauchter of the faid vmqle Archebald ; be the quhilkis lettres the faidis perfonis ar denunceit our fouerane lordis rebellis, and put to the horne. The faid Mr Allane Hammiltoune proteftit for releve of Johne Naper, 3ounger of

1 Woolmot, near Edinburgh. 2 George Birrel gives the following notice in his Diarey,' p. 52, The aucht of November (1600), Archebald Napier flane be fyve of the name of Scot and Thomas Crichtoun, ryding hame to his awen hous to the Wowmet.'