THE Juftice ordanit the faid Johnne Dumbar to be vnlawit in the panes contenit in the Actis of Parliament.1 [Mr Alexander Coluill, Juftice-Depute.] Nov. 23.-JOHNNE MURE, elder of Auchindrane, and Johnne (James) Dilaitit of airt and pairt of the crymes following, viz. the Auld Laird, for the Slauchter of vmqle Sir Thomas Kennydie of Culzeane, knycht, and vmq1e Williame Dalrumpill: And the Young Laird, for airt and pairt of the Slauchter of the faid vmqle Williame Dalrumpill. PERSEWARIS, Sir Thomas Hammiltoun of Bynnie, knycht, Aduocat to our fouerane lord for his entreis, Johnne Erle of Caffilis, (Beffie Dalrumpill, as mother.) PRELOCUTORIS for the pannell, the Laird of Caldwall, The Laird of Bombie, The Laird of Blair 3ounger, Mr Williame Oliphant, Mr Johnne Ruffell, Williame Mure of Randerftoune. My lord Aduocat proteftis that this dyet may continew, in respect of the grit diforder of this hous, this day;2 vnto the tyme the Juftice tak ordour thairwith. THE Juftice continewis this dyet to the last day of November inftant; and Ordanis the Laird of Auchindrane elder to be of new committit to waird within the Tolbuith of Edinburgh, and Young Auchindrane to be committit to waird within the Caftell of Edinburgh, thairin to remane quhill the faid day. Nov. 30, 1608.-THE Justice, be directioune of the Counfall, continewis this dyet to the thrid day of ffebruare nixtocum; and Ordanis the pannell to enter to thair wardis of new agane, &c.-Vnto the quhilk continuatioun the Lairdis of Auchindrane baith difaffentit; and nochtwithstanding thairof, and in respect of thair innocencie of the allegit crymes aboue writtin, offerit thame felfis to the tryall of the Law for the famyn, and thairupon afkit inftrumentis. Feb. 3, 1609.3-THE Juftice, be command of the Counfall, (continewis) this dyet to the aucht day of ffebruare nixt.-(Feb. 8, 1609.) THE Justice continewis the dyet to the thrid day of May nixtocum.* Slaughter. Dec. 21.-ALEXANDER TULLOCHE, appeirand of Tannacheis, and Williom Cuik in Forres. This at first sight appears to be a very arbitrary mode of proceeding; but his recourse against the party would be reserved entire. The influence of these atrocious malefactors was such, that by false representations, and the incessant complaints made by them and their friends to the public, of the oppression of the Lord Advocate, in cruelly delaying their case, though he knew them to be innocent, they succeeded in raising such a popular ferment, that the Court had to be dismissed on this and perhaps on other occasions. 3 Sir Williame Hairt officiated as Justice-depute on this and the following diet. 4 No farther notice of proceedings before the Court of Justiciary occurs until Jul. 17, 1611. Dilaitit of airt and pairt of the Slauchter of vmqle James Torrie in Logiehauche, and Agnes Douglas, his fpous.-Continewit to the fyftene day of Junij nixt.' [Mr Williame Hairt, Juftice-Depute.] Dec. 30.-JOHNNE ERROLE, cowmone poft. Dilaitit of the filthie and deteftabill cryme of the abuseing and fforceing of Jonet Craig, ane young virgane of xj yeiris of age. PERSEWAR, Mr Robert Foullis, Aduocat, fubftitute to our fouerane lordis Aduocat. JOHNNE ERROLE, cowmoun poft, Ze ar indyttit and accufet, fforfamekill as 3e, haifing schaiken af all feir of God, reuerance to our fouerane lordis lawis, or regaird to ciuill honeftie, as a diffolute and vyld perfone, ouercum with the beiftlie rage of 3our awin filthie luft, about ane half zeir syne, or pairby, to get your filthie appetite quenchet, drew acquentance with Jonet Craig, dochter to vmqle Andro Craig, mercheand burges of Edinburgh, ane honest manis bairne, and ane 3oung virgane, nocht paft the age of ellevin 3eiris; and haifing forgadderit with hir, upone the Hie ftreit of this burgh, vnderstanding hir to be at the fcole, maist craftillie and vnhoneftlie feducet and tryftit hir to gang with 30w to Hammiltones clofe-fute, quhair ze was myndit maist barbaruslie to haif abuset hir; and pan gaif hir certane billis, with vther allureing woirdis, to gang with 30w: And becaus, at that tyme, ze gat nocht zour beiftlie defyre fatisfeit, perfauing the fimplicitie of the bairne, and how eafilie scho micht be circumvenit, 3e, a tuentie dayis fyne, or thairby, eftir foure houris at evin, and ringing of the Prayer-Bell, awaitit the faid Jonet at the mercat croce of this burgh, and be geving to hir of apillis and vther frute, of new, agane maift craftillie feducet and intyfet hir to gang with 30w; quha, vpone bairnlines and meir fimplicitie, haifing paft with 30w to Bellis-wynd-heid, ze tuik hir in to ane bak turnepyke, within the faid wynd, and behind the get pairof, maift filthielie forcet pe faid bairne, and did qubat in 30w lay to haif carnall deilling with hir, and to haif bereft hir of hir virginitie: At the quhilk tyme, fcho haifing cryit that ze crewallie hurt hir, ze maift barbaruflie and crewallie, to haif 3our filthie appetite fatiat, pat 3our handis vpone hir movth, that hir cryis fould nocht be hard, and pairby stoppit hir braith and almoft fuffocat hir, and had nocht failzeit to haif filthielie defloirit hir, gif зе had nocht bene skarrit be tua wemen at þat inftant. Lyk as, 3e, perseviring in zour former beistlie rage of luft, vpone the fevintene day of December inftant, being Satterday, at fyve houris at evin, ze awaitit, of new agane, the said Jonet Craig at the mercate croce of this burgh, quhair scho, with vther honest menis bairnis war playing thame for þe tyme, and pair, with walnuttis, chestennes and appillis than gevin be 3ow to hir, ze maift craftillie feducet pe faid bairne to gang with 30w; quha haifing refuiset to gang with 30w, ze maist forceablie harrillit hir doun the ftreit with 30w; and 3e, being demandit be dyuerfe perfones that met 30w, quhair ze was taking hir to, ze maift diffimulatlie and falflie gaif thame anfuer, that fcho had bene frome hame all that day, and pat nane of the house knew quhair fcho was, and pat pairfoir ze was taking hir hame; at the quhilk tyme, 3e tuik hir to pe faid bak turnepeck in Bellis-Wynd; quhair 3e, aganis pe bairnis will, tuik vp her claithes, and maist filthielie forcet zour self to haif ado with hir, and wald nocht pairt frome hir quhill 3e gat 3our beistlie will fatisfeit, and was within hir body; and fcho, haifing in maift pitious maner cryit, that ze hurt hir, 3e, as ofbefoir, pat 30ur hand vpone hir mouth and held in hir braithe; quhilk is nottourlie knawin. Lyk as, 3e and pe faid bairne being laitlie examinat, in prefens of pe Ministrie and Magiftrattis of this burgh, 3e and scho haif confeffit pe treuth of pe premiffis, be 30wr Depofitionis. Quhairin, 3e haif 1 No farther notice of this case occurs on the Record. See the preceding case, Nov. 9, 1608. committit the maift haynous, deteftabill and odious cryme of Rapt, Raveifching and Violent fforceing of the faid zoung bairne; the lyk quhairof aucht nocht to be namet within any Cristiane kingdom fubiect to a Cristiane Prince, or amang Cristiane people reulit with guid lawis. The Aduocat, for verifeing of the Dittay, producet the faidis Johnne Errole and Jonet Craigis Depofitionis, fubfcryuit be his hand, and be certane of the Minifteris and Magiftrattis of Edinburgh and Elderis of the Seffioun of the Kirk; and in respect thairof, Proteftis for Wilful Errour, in caice the Affyfe Acquit. VERDICT. The Affyfe, be the mouth of Williame Trumbill, mercheand in Edinburgh, chanceller, all in ane voce, ffand, pronuncet and declairit the faid Johnne Errole to be ffylet, culpable and convict of the fforceing and abuseing of the faid bairne, in maner, and at the perticular tymes and places aboue fpecifeit and fet doun in the faid Dittay.-SENTENCE. For the quhilk caus, the said Juftice-depute, be the mouth of Johnne Lawfone, dempfter of Court, decernit and ordanit the said Johnne Errole to be tane to the Caftell-hill of this burgh; and thair to be hangit vpone ane gibbet, quhill he be deid; and all his moveabill guidis, gif he ony hes, to be efcheit and inbrocht to our fouerane lordis vse, as culpable and convict of the saidis crymes; quhilk wes pronuncet for dome. [Mr Alexander Coluill, Juflice-Depute.] Stouthreif-Hurting and Wounding. Jan. 3, 1609.-JAMES HUNTER of Hagburne. Dilaitit of airt and pairt of the Steilling of ffourtie pundis furth of Robert Hogis purse, potter in the Potter-Raw (of Edinburgh); committit in the moneth of October, I.V.lxxxxviij; and Hurting of the faid Robert in his heid, and leifing him for deid, at Theyuis corse.' PERSEWER, Robert Hog, potter. Continued to the air of Roxburt, tertio Itineris (vel fuper premonitione) xv dierum.' [Sir Williame Hairt of Preftoun, Juflice-Depute.] Jan. 31.-ANDRO AIRMESTRANG of the Langholme, Ebbie' Airme- Dilaitit of airt and pairt of the Slauchter of vmqle James Somervell in Eirdhouffis; committit in the moneth of . . . . . PERSEWAR, Robert Somervell, fervand to the Laird of Waftraw, as neir kynfman. PRELOCUTOURIS for the pannell, Mr Laurence McGill, Adame Cunninghame, (Advocates.) 1 Thieves' Cross. • Perhaps a clerical error for Ekkie (Hector,) a common name in the south at that time. Habbie was also a favourite name. It may, however, be a familiar abbreviation for Ebenezer, though the name was unusual among the Armstrongs, whereas Ekkie was very prevalent. The perfewar declairis, that at the raifing of thir Letteris, informatioun was gevin to him that the perfonis aboue writtin, prefentlie enterit vpone pannell, war culpable of the Slauchter aboue specifeit; and now, fenfyne, he is certanelie informet, that thai, nor nane of thame, war prefent at the committing thairof: In refpect quhairof, and that thai ar altogidder Innocent of the faid cryme, he paffis fimpliciter fra the perfute. Quhairvpoune the faidis perfones on pannell and thair prelocutouris afkit inftrumentis. [CURIA JUSTICIARIE, S. d. n. Regis, tenta in Pretorio de ST ANDROIS, decimo Marcij 1609, per Dominum Willielmum Hairt de Preftoun, Jufticiarium deputatum principalem.] The Erll of Dumbar,1 The Collectour,* ASSESSOURIS. The Erll of Montroife,2 The Erll of Lowtheane, My Lord Previe Seill," Sir Robert Meluile of Murdocarny.3 My Lord of Wrychtiflandis," Treason-Corresponding with the Pope, in the King's name. [THE history of (Sir James Elphinston) LORD BALMERINOCH'S TREASON has been so fully related by Spottiswood, Johnstone, Calderwood, Robertson, Laing, &c. and by Mr Wood, in his edition of Douglas's Peerage and History of the Parish of Cramond, that it only seems necessary for the Editor to supply the real facts, so far as they appear on the face of the Criminal Records; and further, by way of Appendix, to give a few authentic Letters, and other documents, which have been preserved. Whatever may have been the real or alleged participation of this eminent Lawyer and Statesman in this Treason, it seems clear, as Laing remarks, that if Balmerino deceived his master, it was neither with a criminal intention, nor to a treasonable extent. But his ruin was secretly projected by Spottiswood, Dunbar, and Cecil, his implacable enemies; and, according to his own Narrative, much address and many secret intrigues were employed to persuade him, by a more ample and explicit Declaration, to exculpate the King. His life and estate were secured by promises; his offices were to remain at the King's disposal; and, on these conditions, he acknowledged that the Letter was surreptitiously obtained, when James had refused to correspond with the Romish See.' Thus, in order that he might fully exonerate the King, this unfortunate Nobleman was led into the fatal snare, and confessed more than the truth; under the full expectation, doubtless, that not only would the Royal promise of sparing his life and fortune be observed, but that he would, after a short period of retirement from the Court, be reinstated in all his lucrative and honourable offices. It may be proper to remark, briefly, that SIR JAMES ELPHINSTON was the third son of Robert third Lord Elphinston. He was successively a Lord of Session (Lord Innernochtie), one of the Commissioners of the Treasury, called THE OCTAVIANS,' Secretary of State, and, Feb. 20, 1604, was Sir George Home, Lord High Treasurer of Scotland, was created Baron Home of Berwick, Jul. 7, 1604, (English Peerage,) and Earl of Dunbar, in Scotland, 3 Jul. 1605. This celebrated person was also Chancellor of Exchequer, in England. The King employed him as the chief leader in the restoration of Episcopacy in Scotland, in the Parliament at Perth, Jul. 9, 1606; for which service, and for acting as High Commissioner to the General Assembly of the Church of Scotland, in a manner highly acceptable to the King, he was installed a Knight of the Garter, May 20, 1609. John fourth Earl of Montrose, afterwards President of the Council, married Margaret, eldest daughter of William first Earl of Gowrie. It was this nobleman who fought the remarkable combat with Sir James Sandilands, 19 Jan. 1695, at the salt-tron of Edinburgh, as recorded by Birrel. See Diary, p. 34. 3. Robert second Earl of Lothian, who, when Master of Newbottle, had been Master of Requests to King James VI. Johnne Prestoune of Pennycuke.' 5 Sir John Skene of Curriehill. 6 Sir Richard Cockburn of Clerkington. 1 Sir Lewis Craig, one of the Ordinary Lords of Session. Mr 8 Sir Robert M. of Brint Iland' is named in Reg. created Lord Balmerinoch. In the same year he was nominated one of the Commissioners to treat for an Union with England; and on March 6, 1605, was appointed Lord President of the Court of Session. Notwithstanding of his holding, at the same time, the incompatible offices' of Lord President of the Court of Session and Secretary of State, (which, however, were in like manner enjoyed by his successor, Sir Thomas Hamilton, afterwards Earl of Haddington, &c.) yet he stemmed the secret and corrupt influence of Dunbar, on the bench, with a spirit that probably accelerated his fall."1 The sentence of death, as is well known, was not carried into execution. His Lordship was allowed' Free-ward' in Falkland, and within one mile around that place. Having endured this nominal restraint for a short time, he was permitted to retire to Balmerinoch, his own estate, where he lingered about three years, and at length died, of a broken heart, A.D. 1612. His son, John Lord Balmerinoch, was formally restored in blood, and to the dignity of the Peerage, by writ, under the Great Seal.2] Mar. 10.-JAMES LORD OF BALMIRRIENOCHE. Dilaitit of the treffonabill, fraudulent, and furreptitious procureing of ane LETTER, paft be his Maiefteis hand, without his hienes knawledge, direct to Pope Clement the Aucht, in the zeir of God 1598, treffonabillie adding (eftir the subfcriptioun of the faid Letter) of the ftyles of SANCTITAS' and FILIUS' to the faid Letter; and treffonabillie affixing his Maiefteis Signet thairto; committit in the yeir of God 1598, or thairby: And treffonabill affifting Sir Eduard Drummond, in his treffonabill trafficking, for the advancement of Papift courses, at the tyme forfaid. DITTAY against James Lord Balmerinoch. JAMES LORD BALMIRRIENOCHE, ye ar indytit and accufet of the crymes of Leafmaieftie and HeichTreffone following. Forfamekill as, 3e, being honouret and advancet be his Maieftie, nocht only to heich and eminent places in Seffioun and Counfall, bot alfo truftit with the office of Principall Secretarie to his hienes, quhairby ye war in dewtie bund, aboue all vthers, to haif bene moft cairfull of his Maiefteis honour and preferuatioune; nochtwithstanding quhairof, ye, preferring your awin vndewtifull and vnlawchfull privat refpectis, to his Maiefteis reputatioun and faftie, and being informet, in the yeir of God Im. Vc. fourfcoir auchtene yeiris, by your neir kynfman, Sir Eduard Drummond,3 [quhome ye knew to be ane profeffit Papist, maift ferventlie affected to the furtherance of all Papifche courses, and to haif bene ane Secretare to ane Cardinall at Rome, and thairfoir the vnfitter to haif bene maid chose of and truftit by yow, for wryting or playing the clerkis office to his Maiefteis Letteris directit that way,] that he come to this cuntrie, directit be the Bifchope of Vaizon,* to deall for procureing of his Maiefteis Letteris of recommen 1 Laing's Hist. III. 57. 2 See REHABILITATIO, Reg. Mag. Sig. Lib. XLVIII. No. 152, dated August 4, 1613. Marjory, the second daughter of Alexander second Lord Elphinston, and paternal aunt of James, first Lord Balmerinoch, married Sir Robert Drummond of Carnock. Sir Edward was perhaps her son, and cousin german of Lord Balmerinoch. Robertson, in History of Scotland, and Wood, in Peerage of Scotland, call him Drummond; but he was William Chisholme, 2d of the name and surname, Bishop of Vaison, and paternal nephew of the 1st, who had, a short while after 1561, been, by Papal Brief, created Bishop of Dunblane; and on his finding it inexpedient to live in Scotland, he was appointed Bishop of Vaison; which situation he resigned, in favour of his nephew, when he became a Carthusian Friar of Grenoble. Both of these distinguished Churchmen were younger sons of the Cromlix family, Perthshire. Sir James Chisholme of Dundurn and Cromlix, who was concerned in the Popish Plot, in 1593, seems (Balfour's Annales, II. 29) to have been brother of the younger of the Bishops of Vaison. The Chisholmes of Cromlix had, above a century, been hereditary Baillies and Justiciaries of the Ecclesiastical Lordship of Dunblane, and had furnished three Bishops of Dunblane; James and William Chisholmes, brothers, and their nephew William Chisholme, the elder of the Bishops of Vaison above mentioned. William Chisholme tertius, was kinsman of Sir Edward Drummond and of Lord Balmerinoch, though in what degree is unknown.-The Editor is indebted to the industry and research of the Reverend Mr Mac Gregor-Stirling for the information contained in the preceding Note. That learned gentleman has collected much original matter relative to the See of Dunblane, which it is hoped he may, some time, be induced to lay before the public. VOL. II. 4 C |