Thomas Musgrave, Captain of Bewcastle, being accused before the Privy Council of England, of sundry breaches of duty, particularly of having made Bewcastle a den of thieves, and open to the Scots at their pleasure, challenged the accuser, one Lancelot Carleton, to the trial by combat on Canonbie Holm, ‘before England and Scotland,’ on Thursday in Easter-week, being the 8th of April 1602, betwixt nine o’clock and one of the same day. It was agreed that they should fight on foot, armed with jack, steel-cap, plait sleeves, plait breeches, plait socks, two baslaerd swords,281 with blades a yard and half a quarter long, and two Scotch dirks at their girdles. Two gentlemen were to view the field, and see that the agreement as to arms and weapons was strictly observed; and the field being so viewed, the gentlemen were to ride to the rest of the company, leaving the combatants only two boys to hold their horses. The result is not known.282

Sir Thomas Kennedy of Colzean was this day murdered in the immediate neighbourhood of the town of Ayr. ‘He was ane very potentous man, and very wise. He had buildit ane proper house in the Cove [the mansion superseded by the present Colzean Castle], with very brave yards; and, by ane moyen and other, had conquest ane guid living.’ We have seen, under January 1, 1596-7, an attempt upon the life of this gentleman at Maybole, by Mure of Auchindrain, who subsequently was reconciled to him, and, for the confirmation of amity, caused his son to be married to Sir Thomas’s daughter. It nevertheless became in time apparent that Mure was the prime mover of this atrocious murder, the circumstances of which are thus related by the king’s advocate, Sir Thomas Hamilton.

Sir Thomas Kennedy, ‘being only intentive on his own adoes, whilk did require his resort to Edinburgh, there to consult with his lawyers in his wechty business, he send his servant to Maybole, to seek Auchindrain and advertise him of his purpose; with direction, if he missed him there, that he sould certify him by letter of his intended journey; to the effect Auchindrain might, upon the next day, meet him upon the way at [the Duppil, a place near Ayr], and inform him of anything he wald wish him to do for him in Edinburgh, seeing it was but ane travel for him to do his friend’s business and his own. This servant of Colzean’s, missing Auchindrain in Maybole, desired Mr Robert Mure, schoolmaster at Maybole, to write ane letter of that substance to Auchindrain; who did so, and sent it by ane boy of his school, called William Dalrymple; who, finding Auchindrain at his house of Auchindrain, with his cousin Walter Mure of Cloncaird, ane deadly enemy to the Earl of Cassillis; so soon as he [Auchindrain] fand himself certified of Colzean’s purpose and diet, he dismissed the boy, commanding him to return back in haste, carrying the letter with him; directing him further to shaw to his master and Colzean’s man that he had not fand him at his house.... Immediately thereafter, [he] resolved with his cousin Cloncaird, that this occasion of revenge of Bargeny’s slaughter by Colzean’s murder was not to be unslipped.... After some deliberation, [he] concluded upon the choice of the actors and manner of the execution, making advertisement thereof, as weel by letter to Thomas Kennedy of Drumurchy ... as by message to Cloncaird.... The said Thomas Kennedy, Walter Mure of Cloncaird, and four or five servants with them, weel armed and horsed, convoying themselves near the way appointed by Colzean’s letter for his meeting with Auchindrain, did lie await for Colzean’s by-coming; who, being in full security of his dangerless estate, riding upon ane pacing nag, and having with him ane servant only, they suddenly surprised him, and with their pistols and swords gave him ane number of deadly wounds; and, not content to have so barbarously and traitorously bereft him of his life, spoiled him of ane thousand merks of gold, being in his purse, ane number of gold buttons upon his coat, and some rings and other jewels.’

‘He being slain, his man Lancelot brings him with him to the Greenan, and there gets ane horse litter, and takes him to Maybole, where there was great dule made for him.’—Hist. Ken.

Sir Thomas Hamilton proceeds to narrate that, while the actual murderers were first outlawed and afterwards forefaulted, Auchindrain fell under strong suspicion of having been the deviser of the deed. He, ‘being summoned to underlie the law, did boldly compear, and, seeing that the pursuers, for want of sufficient evidence, were not then to adventure his trial, fearing that he might be cleansed and so perpetually freed of that crime ... he seemed grieved thereat, as bragging exceedingly of his innocency, whereof he had given proof, by offering himself to trial of law—[he now proposed] if there were any man of Colzean’s kindred or friendship, who wald advow him any ways participant of the device or execution of that murder, he wald readily offer himself in that quarrel to the trial of combat to the death.... So, wanting ane party, [he] was dismissed, more free in the persuasion of most part of such as were present, than in his own conscience.’

The reader must be referred onward to July 1611 for the remainder of the history of this extraordinary criminal. Here, however, may be introduced the remarkable fact, that the Earl of Cassillis made an attempt to obtain a private revenge on Auchindrain for the murder of his uncle Colzean. The earl had long been on bad terms with his brother Hugh, whom we have seen as the guilty associate of Auchindrain. Now, he made up all past quarrels with Hugh, and granted him a bond, September 4, 1602, stating: ‘Howsoon our brother, Hugh Kennedy of Brownston, with his complices, takes the Laird of Auchindrain’s life, we sall mak guid and thankful payment to him and them of the sum of twelve hundred merks yearly, together with corn to six horses, [until] we receive them in household with ourself, beginning the first payment immediately after their committing of the said deed. Attour [moreover], howsoon we receive them in household, we shall pay to the twa serving gentlemen the fees, yearly, as our awn household servants. And hereto we oblige us, upon our honour.’283

A proclamation issued by the king at Dumfries, gives some idea of the social state of the middle marches, and of the arrangements required for the execution of justice amongst the rude and turbulent people of that district, while as yet the government had no standing force at its command. ‘Forsamickle,’ it proceeds, ‘as the king’s Majesty has causit proclaim and appoint justice-courts to be halden within the burghs of Peblis and Jedburgh upon the fifteen and twenty-sex day of October instant, for punishing and trying be order of justice the monyfauld enormities and insolencies whilk has been sae frequent and common thir years bygane within the middle marches, Like as his Majesty, accompaniet with a nowmer of his council, intends to be present at the said courts, and to hald hand to the due execution of justice, Wherefore necessity it is that his Majesty be weel and substantially accompaniet with a force of his guid subjects, Therefore ordains letters to be direct, charging all and sundry his Majesty’s lieges and subjects betwixt saxty and saxteen years, and others fencible persons, as well dwelling to burgh as to land, regality and royalty, within the bounds of the sheriffdoms of Peblis, Selkirk, and Roxburgh, that they ilk ane of them weel bodin in feir of weir in their substantious and weirlike manner address themselves to meet his Majesty at the days and places following; That is to say, the saids inhabitants within the sheriffdoms of Selkirk and Peblis to meet his Majesty at Peblis the said fifteen day of October instant, and the saids inhabitants within the sheriffdom of Roxburgh to meet his Majesty at Jedburgh upon the twenty-five day of the same month, provided to remain and attend upon his Majesty the space of fifteen days after their coming to the said burghs under the pain of tinsel of life, lands, and guids.’—P. C. R.

From some expressions in this proclamation, it seems likely to have been written by the king himself.

He did make a progress by Peebles and Jedburgh, and executed justice upon a number of luckless Elliots and Armstrongs.

A quarrel at this time took place between two chiefs of the North Highlands, Kenneth Mackenzie of Kintail and Macdonald of Glengarry. It were not easy to arrive at a just understanding of the case, or of the degrees of blame to which the several parties were liable; but it is not necessary. Enough that there was blood between these fierce paladins of the north, and that, however the right stood, the affair boded ill for Glengarry, seeing that he had to contend with an enemy crafty and able far beyond his class, and one who, by these means, was generally able to keep on good terms with the heads of administration in Edinburgh.

According to an unprinted memoir of the Clan Mackenzie—Glengarry and his son Angus, who had recently attained perfect age, took advantage of the temporary absence of Kintail in France to make a charge against the latter before the Privy Council; and Mackenzie was summoned at the pier of Leith to ‘compear’ before a certain day, under pain of forfeiture. This ‘moved Mr John Mackenzie of Tollie, parson of Dingwall, to travel to France, and bring his chief against the day of compearance. He came to Edinburgh only the night before, and having advised with his friends, he kept the diet unexpectedly before the Council. In the meantime, Alister M‘Gorrie and Ronald M‘Rorie [Glengarry men] made another onset to the Brae of Kissearn, and killed a gentleman of the family of Davachmaluach, called Donald M’Kinnich Vich Allister, sleeping in his bed; whose bloody shirt Mr John Mackenzie presented that day at Edinburgh. Glengarry could prove nothing against Mackenzie done in his time; but Mr John proved Glengarry to have been the instruments of this murder. Likewise he proved him to be a worshipper of the Coan, which image was afterwards brought to Edinburgh, and burnt at the Cross. Also he gave in against him that he was an extortioner and oppressor, sorning on his own commons and the commons of others, and that he still lived in adultery. Which moved Glengarry to steal from the place of justice, and to take to the hills, whereupon he was proclaimed rebel, and Mackenzie got the laws against him.’

Glengarry’s son having invaded Kintail, and done some mischief there, Mackenzie raised a force of seven hundred men, and retaliated by spoiling the district of Morar. Then the Macdonalds came in thirty-seven boats to Loch Broom, and counter-retaliated. Here Alister M‘Gorrie, one of their party, was killed, and his party beat back to sea. Indeed, the whole expedition failed. Soon after, however, while Mackenzie was absent in Mull, the Macdonalds came once more to his country, at Loch Carron, and committed great devastations. Their leader, Glengarry’s son, not only carried off all the cows he could find, but slew all the people that fell in his way, even the women and children. He was overtaken, however, by a fearful retribution.

‘Advertisement was sent to Kintail and Lochalsh, who gathered as fast as they could; but he [Glengarry’s son, Angus] had his boats laden before they came. After they gave him a flight of arrows, he took the sea, and they wanting boats, could not follow; but part of them went afoot to the Kyle; others made straight to Ellandonan, where they got a ten-oared boat and a four-oared boat. Mackenzie’s lady carried to them arrows and ammunition with her own hand. They rowed to the Kyle boldly, having no chieftain, but ilk ane striving who would act more for his mistress’s credit, and for the country’s defence. They came to the Kyle [a narrow strait] after the night had fallen. When they spied the first of Glengarry’s boats, they resolved to let her pass without challenge. He followed next himself in his long-boat of thirty-two oars, loaded with men and spoil, which, when they perceived, they rowed calmly to meet him; and he challenging them, and asking who they were, they answered: “We are all Clan Vich Allister,” giving them balls and arrows alike; at which they took alarm. The clouds overshadowing the moon, made a dark shadow on the sea; so they thought it had been shore, and got all to the fore-end of the boat, which made the boat to sink. When the Mackenzies saw their boat sink, they sent their little boat ashore, lest any should make their escape to land, and the Kintail men had the killing of them like selchies [seals]. At last they killed Glengarry’s son and all those that were in that great boat with him. The rest, when they heard the alarm, retired to Strathardle, and left their boats; from whence they went afoot, and took boats from the Isles to Morer. When they knew their chieftain was dead, with the best of his company, they gathered all together to ane isle, where the Lord Kintail came timeously the next morning in the sight of the Isles....

‘When Mackenzie came to the Kyle, he spied a number of dead corpses which the rage of the sea had casten ashore, which made him to think, seeing his enemy together a little while before, that it was his own men that were killed there. He had in his company two of Glengarry’s natives, who had quat Glengarry and submitted to him, and who were acquaint with both the country people [both clans or sets of people in the district] ... whom he desired to go ashore and see who they were that were dead. No sooner were they ashore but he espied them strike their hands upon their breasts, making great lamentation. “Praised be God!” said Kintail, “it is not for my countrymen you make such great lamentation. I am confident that God hath been favourable to my countrymen in giving them a pleasant victory.” When Robert [one of the Glengarry men] returned to the boat, Kintail asked: “What news?” “My lord,” saith he, “good news for your lordship; there is many a brave fellow of your enemies dead in yonder place; not so much as one of your countrymen amongst them.” Immediately they sailed away to Ellandonan, where Kintail’s men were no sooner landed but he met his countrymen returning from the burial of young Glengarry, whom they buried in the very door of the Kirk of Kintail, as testimony that they might trample over his body whenever they went to church.’284

Next year, Glengarry and some of his friends were indicted for slaughter in the Mackenzie country; and not long after, his lands of Lochalsh and castle of Strome had passed to the possession of the chief of Kintail.

In a Catalogue of the Scots Nobility and Officers of the Estate, by John Colville, written between 1600 and 1603, several of the Highland or rather Hebridean chiefs are described, as ‘The Lord of the Isles, callit Makrenald; ane Irish [Celtic] and barbar—The Lord of Kintyre, callit Makoneill; Irish and barbar—The Lord of the Lewis, callit Makgloyid; Irish and barbar—The Lord of Makklen, callit Makklen; Irish, a child of good expectation.’

The chief personage of the preceding notice is thus introduced: ‘The Lord of Makkenzie, callit Makkenzie; Irish; a protestant and verey politique.’

At Perth—‘Henry Balnaves and William Jack made their repentance in their awn seats on Sabbath afternoon, for making libel against Mr William Couper, minister, and Henry Elder, clerk—

Ane act of council against them, that nane of them should bear office or get honourable place in the town thereafter.’—Chron. Perth.

It had become a practice for persons who had revengeful feelings towards their neighbours to obtain petards from the continent, and employ them for the destruction of those against whom they had an ill-will. The king now issued a proclamation against ‘sic detestable and unworthy crimes, without example in any other kingdom,’ whereby ‘na man of whatsomever rank and calling can assure his awn safety and preservation within his awn house and iron yetts.’ He ordered all who have any ‘pittartis’ to surrender them at the next burgh immediately, and forbade any more being brought home by sea, or made or mended within the country.—P. C. R.

It seems not unworthy of observation, that by his familiarity with this explosive practice in his own country, as well as by the recollection of his father’s fate at the Kirk of Field, James might be in some measure prepared to smell out the gunpowder treason, as he did a few years later.

‘John Haitly of Mellerstanes [was] slain at the Salt Tron [in Edinburgh] by William Home, his guid-father.’—Bir.

We have no account of what led to this dreadful kind of homicide; but, five years after (April 28, 1608), we find that the king had exerted himself to reconcile the friends of the parties, and they were ordered by the Privy Council to come forward on a particular day, and chop hands on the subject.—P. C. R.

‘Francis Mowbray brak ward out of the [Edinburgh] Castle, and he fell owir the wall, and brak his craig [neck]. Thereafter, he was trailit to the gallows, and hangit; and thereafter he was quarterit, and his head and four quarters put on the four ports.’

In this brief manner Birrel narrates the sad end of a sprightly and gallant, though intemperate spirit. Francis Mowbray was a son of Sir John Mowbray of Barnbougle, an ancient house long since gone down to nothing. Francis himself was the friend and companion of the Earl of Buccleuch, the hero of the attack on Carlisle Castle in 1596. He had taken part in that exploit, but soon after got into trouble, in consequence of a quarrel with one William Schaw, whom he struck through with a rapier, and killed. Worse than this, he was a Catholic, and engaged himself actively in some of those underhand political practices which at length came to a head in the Gunpowder Treason. He spent some time in a most suspicious place—the Infant’s Court at Brussels.

An Italian fencer named Daniel, residing in London, denounced Mowbray to Elizabeth’s government as having undertaken to kill the king of Scots. Mowbray denied the accusation, and offered the combat. The two being sent down to Edinburgh, it was arranged that they should fight hand to hand in the great close of Holyroodhouse; but before the appointed day arrived, notice came from England that some witnesses had come forward who could prove the treason. On the 29th of January, Mowbray was confronted with the two witnesses, who, however, were considered as ‘of light account,’ being men of bankrupt fortunes, who had from that cause left their country. Mowbray still stood stoutly to his denial, uttering this adjuration before the king: ‘If ever I thought evil, or intended evil against my prince, God, that marketh the secrets of all hearts, make me fall at my enemies’ feet—make me a spectacle to all Edinburgh, and cast my soul in hell for ever!’ The two were placed in several apartments in Edinburgh Castle, the Italian occupying a room immediately above Mowbray.

At eight o’clock in the evening of the 30th of January, being Sunday, Francis Mowbray was found dying at the foot of the Castle rock. It was stated that he had sewed his blankets together, and let himself down over the wall; but the line being too short, he fell, and mortally injured himself. The unfortunate man died in the course of the night. An attempt was made by some friends to raise a report that he had been thrown over the window; but this was believed by few, and really is not very credible. The authorities shewed no hesitation about the matter; but, concluding on the guilt of the deceased, had his body dragged backwards through the streets to the bar of the Court of Justiciary, where sentence was duly passed against him. The corpse was then dealt with as Birrel relates. The superstitious remarked the verification of the fearful words of the deceased—that he might fall at his enemies’ feet, and become a spectacle to all Edinburgh.—Pit. Cal. Spot. Notes to Russell’s edition of Spottiswoode, 1851.

This year was published in Edinburgh a comedy, entitled Philotus, which we must consider as a curiosity in its way, since it is the first known effort of the Scottish muse in that department of literature.285 It is founded on a story which we find under the name of Philotus and Emilia in a volume by Barnaby Riche, originally published in 1581,286 being, in plain terms, a somewhat licentious Italian novel. The Scotch comedy is in rhymed verse, and entirely in the characteristic Scotch manner of that age; but not a shadow of plausible conjecture has yet been indulged in regarding the possible author.287

The main series of incidents involves the fate of a young woman, Emilia, who is solicited to become the second wife of Philotus, an old and rich man. A Macrell, or go-between, is employed to bring her to his wishes, and addresses her in a long speech, which incidentally illustrates the life of a fine lady of that age:

This is the date of an outbreak of private warfare which throws all contemporary events of the same kind into the shade.

In pursuance of a quarrel of some standing between the Clan Gregor and Colquhoun, Laird of Luss, the former came in force to the banks of Loch Lomond. The parties met in Glenfruin, and the Colquhouns, out-manœuvred by the enemy, were overthrown. The Macgregors, besides killing a number of persons, variously stated at three score and four score, in the battle, are alleged to have murdered a number of prisoners (amongst whom, by the way, was Tobias Smollett, bailie of Dumbarton, very likely an ancestor of the novelist, his namesake), and also some poor unarmed people. The whole slaughter is set down at 140 persons. Besides all this, they carried off 600 cattle, 800 sheep and goats, fourteen score of horse and mares, ‘with the haill plenishing, gudes and geir, of the four-score-pound land of Luss, burning and destroying everything else.’ It has been alleged that they killed the laird after taking him prisoner, and murdered a number of school-boys from the college or school of Dumbarton; but these would appear to be groundless charges. Such as their guilt was, it proved the commencement of a long course of oppression and misery endured by this clan. According to a contemporary writer, a mournful procession came to Edinburgh, bearing eleven score of bloody shirts, to excite the indignation of the king against the Macgregors. There being no friend of the Macgregors present to plead their cause, letters of intercommuning were immediately issued against them.

The feeling of a state-officer of these days regarding the unruly population of the north, comes strongly out in a letter of the President Lord Fyvie, written to the king a few weeks after he had gone to London. ‘Your majesty will understand by your Council’s letters the estate and proceedings with the Macgregors. Gif all the great Highland clans war at the like point, I wald think it ane great ease and weel to this commonwealth, and to your majesty’s guid subjects here.‘307

It was arranged soon after that a large number of the Clan Gregor should be deported from the country, but whither does not appear. The Privy Council requested the king to allow a ship to be sent for them, ‘seeing all these wha are to depart, in whilk number the laird himself is ane, are ... unable of themselves aither to defray their charges, furnish themselves of victuals, or pay their fraught.’