In June 1593, we find James Tweedie of Drumelzier released from Edinburgh Castle, under surety that he should presently enter himself in ward in the sheriffdom of Fife. We next hear of the two belligerent parties in January 1600, when they were commanded to come and subscribe letters of assurance ‘for the feid and inimitie standing betwixt them.’ The king seems to have been content with the consideration that they had now done pretty full justice upon each other, and it was therefore unnecessary for him to trouble himself any further in the matter. It was probably with some surprise that, many years after, while residing in England, he heard that these two Tweeddale clans continued to keep up their feud. ([See under March 1611].)
July 22.
Two extraordinary trials took place, affording the most striking illustrations of the vices and superstitions of the time.
The family of Monro of Foulis, in Ross-shire, which still flourishes, was even then one of great antiquity, being represented by the seventeenth baron in succession. Holding possessions on the borders of the Highlands, it hovered between the characters of the Celtic chief and the Lowland gentleman. Ross of Balnagowan was a rich neighbour of similar character. The Lady Foulis of the year 1576—to use her common appellation—was Catherine Ross of the latter family, the second wife of her husband. She had a son named George; but the succession was barred to him by two sons of the previous marriage of her husband, Robert and Hector.
1590.
Her husband and his eldest son were dead when, at the above date, she and Hector, then representative of the family, were tried separately for sundry offences, Hector being, strange to say, the private pursuer against his step-mother, although he had immediately after to take his own place at the bar as a criminal. The dittay against the lady set forth a series of attempts at serious crime, partly prosecuted by natural means, and partly by superstitious practices. It appeared that she desired to put her eldest step-son out of the way, not, as might have been supposed, to favour the succession of her own offspring, but that her brother, George Ross of Balnagowan, might be free to marry Robert Monro’s wife; to which end she also took steps for the removal of the wife of George Ross. It appears that she was not only prompted to, but assisted in her attempts by George Ross himself, although no judicial notice was taken of his criminality. Catherine Ross, described as daughter of Sir David Ross of Balnagowan, was also concerned. Having formed her design some time in the year 1576, Lady Foulis opened negotiations with various wretched persons in her neighbourhood, who practised witchcraft; and first with one named William M‘Gillivray, whom she feed with a present of linen cloth, and afterwards with sums of money. One Agnes Roy, a notorious witch, was sent by her to secure the services of a particularly potent sorceress, named Marion M‘Kean M’Alister, or more commonly Lasky Loncart, who was brought to Foulis, and lodged with Christian Ross Malcomson, that she might assist with her diabolic arts. Christian, too, was sent to Dingwall, to bring John M‘Nillan, who appears to have been a wizard of note. Another, named Thomas M‘Kean M‘Allan M‘Endrick, was taken into counsel; besides whom there were a few subordinate instruments. Some of the horrible crew being assembled at Canorth, images of the young Laird of Foulis and the young Lady Balnagowan were formed of butter, set up and shot at by Lasky Loncart with an elf-arrow; that is, one of those flint arrow-heads which are occasionally found, and believed by the ignorant to be fairy weapons, while in reality they are relics of our savage ancestors. The shot was repeated eight times, but without hitting the images; so this was regarded as a failure. On another day, images of clay were set up, and shot at twelve times, yet equally without effect. Linen cloth had been provided, wherewith to have swathed the images in the event of their being hit; after which they would have been interred under the bridge-end of the stank of Foulis. The object of all these proceedings was of course to produce the destruction of the persons represented by the images. This plan being ineffectual, Lady Foulis and her brother are described as soon after holding a meeting in a kiln at Drimnin, to arrange about further procedure. The result was a resolution to try the more direct means of poison with both the obnoxious persons. A stoup of poisoned ale was prepared and set aside, but was nearly all lost by a leak in the vessel. Lady Foulis then procured from Lasky Loncart a pipkin of ranker poison, which she sent to young Monro by her nurse on purpose to have destroyed him. It fell by the way and broke, when the nurse tasting the liquor, was immediately killed by it. It was said that ‘the place where the pig [pipkin] brake, the gerse that grew upon the samen was so heich bye [beyond] the nature of other gerse, that neither cow nor sheep ever previt [tasted] thereof yet; whilk is manifest and notorious to the haill country of Ross.’ Lady Foulis is accused of afterwards making renewed attempts, not merely to poison young Monro, but many of his relations, particularly those who stood in the way of her own son’s succession. There seems, however, to have been no success in this quarter. Matters turned out better with the innocent young Lady Balnagowan. Regarding her, Lady Foulis is represented as thus expressing herself, that ‘she would do, by all kind of means, wherever it might be had, of God in heaven or the devil in hell, for the destruction and down-putting of Marjory Campbell.’ By corrupting a cook, Lady Foulis contrived that some rat-poison should be administered to her victim in a dish of kid’s kidneys. Catherine Niven, who had brought this poison, ‘scunnerit [revolted] with it sae meikle, that she said it was the sairest and maist cruel sight that ever she saw, seeing the vomit and vexation that was on the young Lady Balnagowan and her company.’ By vomiting, death seems to have been evaded, but the lady contracted in consequence what is described at the trial as an incurable illness.
1590.
Not long after these events, they became the subject of judicial investigation, and Christian Ross and Thomas M‘Kean were apprehended, brought to trial, convicted, and burnt, November 1577. It is alleged that, a few days before they suffered, Lady Foulis came into their presence, and referring to the common reports against her, accusing her of sorcery and poisoning, declared herself ready to abide a trial; when, there being no one present to accuse her, she asked instruments to that effect; after which, mounting a horse which had been kept ready, she rode away to Caithness, and remained there three-quarters of a year. By the intercession of the Earl of Caithness, she was then taken back by her husband; and there seems to have been no further notice taken of her case for several years. At length, in 1589, her husband being dead, his successor, Robert Monro, purchased a commission for the trial of certain witches and sorcerers, aiming evidently at retribution upon his wicked step-mother. According to the dittay: ‘Before any publication thereof, and ere he might have convenient time to put the same in execution, in respect of the troubles that occurred in the north, thou, knawing thyself guilty, and fearing to bide the trial of ane assize, fand the moyen [found the means] to purchase ane suspension of the said commission; and causit insert in the said suspension, not only thy awn name, and sic others as was specified in the said commission, but also certain others who were not spoken of ... whilk, gif thou had been ane honest woman, and willing to abide trial, thou wald never have causit suspension of ony sic commission, but wald rather have fortherit the same.’ In the same year, Robert Monro died, under what circumstances does not appear, leaving the succession to his brother Hector, who now appeared as nominal prosecutor of his mother-in-law.
In the circumstances under which the trial took place, the jury being a packed one of humble dependents on the Foulis family, a conviction was not to be expected. Lady Foulis was ‘pronounced to be innocent and quit of the haill points of the dittay; whereupon she asked instruments.’