These, on the 14th of January, the day appointed for their appearing, failed to appear, and were denounced as rebels.
Dec. 11.
Great hatred and strife had now lasted for some years between the Earl of Cassillis[276] and Sir Thomas Kennedy of Colzean, on the one side, and the Laird of Bargeny, the Laird of Blairwhan, the Laird of Girvanmains, and some other Carrick gentlemen, on the other. The crafty Laird of Auchindrain, though professedly reconciled to Sir Thomas Kennedy,[277] was mainly on the side of Bargeny, who was his brother-in-law. It is believed that he employed himself to inflate Bargeny, who was but a youth, with ambitious designs, making him believe that he could easily put himself on a level with the Earl of Cassillis. The king made an effort to reconcile the parties, but it had no permanent effect. For some time these Carrick chieftains were chiefly busied in devising plots against each other’s lives. On one occasion, the earl, having been induced to accept the hospitality of the Laird of Blairwhan, was apprised that certain of his unfriends, along with Blairwhan, intended to murder him in his bed; he therefore left the house by a back-door, and made his way by night to Maybole. On another occasion, with the consent of Bargeny, the Laird of Benand, with some associates, lay in ambush in the kiln of Daljarrock, in which they had made holes for their hagbuts, designing to shoot Lord Cassillis as he passed that way. Receiving timely warning, he escaped the danger by going his journey by another road.
1601.
On the 6th of December 1601, the Laird of Bargeny had occasion to go to Ayr on business. Along with him rode his brother and the Laird of Benand—the two leaders in the affair of the kiln—and ten or twelve other horsemen. Passing within a quarter of a mile of Cassillis Castle, and not stopping to pay their respects to the earl, they violated one of the most sacred of the social laws then existing. Lord Cassillis could interpret it into nothing but the grossest insult. He was the more enraged, knowing that Bargeny’s two principal companions had lately lain in wait for his life. He immediately took measures for gathering his friends about him, and sent spies to Ayr to apprise him of all Bargeny’s movements.
After spending four or five days in Ayr, Bargeny proposed to return to his own house, much against the advice of his friends, who feared dangers by the way. Setting out with a company of about eighty on horseback, in the midst of a dense snow-storm, he made a halt at the Bridge of Doon—that place since made so famous from another cause—and there addressed his people, protesting that he sought no quarrel with Lord Cassillis, but expressing his hope that, if attacked, they would stand around him, and do their duty as became men of honour. They all assured him that they would die in his defence. He then divided his train into two parties, and riding on, at the Lady Cross met the earl, who came out of Maybole with fully two hundred men. ‘Being all ready to meet, the ane on the Teind knowe, and the other on the next, within the shot of ane musket, they began to flyte [use despiteful language towards each other]. Patrick Rippet [of the earl’s party], cryit: “Laird of Benand! Laird of Benand! Laird of Benand! This is I, Patrick Rippet, that took thy [hagbut]. Come down here in the holm, and break ane tree for thy love’s sake!” But the other gave nae answer, albeit he had given the laird stiff council to ride forward before.’
1601.
The Laird of Bargeny, anxious still to avoid fighting if possible, led off his men along the side of a bog; but the Cassillis party came by the other side, and met him at the bottom. He then made a dash forward across a ditch, with Mure of Auchindrain, his page, and three other gentlemen, but, not being supported by any others, found himself outnumbered by the enemy. A brief conflict took place, in which the laird and his friends did some damage to the opposite party; but it was all in vain. Auchindrain was wounded, the page was killed, one of his friends unhorsed, and another sore hurt. He himself, though but one of his friends remained, was not daunted, but rode rapidly into the ranks of the enemy, calling: ‘Where is my lord himself? Let him now keep promise and break ane tree!’ He was instantly set upon by a host of the earl’s friends, who strake at him with swords, and bore him back by sheer force. At that moment, one John Dick, who had formerly received benefits at his hands, thrust a lance through his throat and stopped his breath. The poor gentleman was then borne off by his horse towards such of his party as still stood their ground, and fell at their feet. The skirmish being now at an end, they were allowed to conduct him away from the field, taking him first to a barn at a place called Dingham, then to Maybole, and finally to Ayr, where he soon after died, being but twenty-five years of age, leaving a widow and two children to bewail his bloody end. ‘He was,’ says the contemporary historian of the Kennedies, ‘the brawest man that was to be gotten in ony land; of hich stature and weel made; his hair black, but of ane comely face; the brawest horseman, and the ae-best of mony at all pastimes ... gif he had [had] time to [have] had experience to his wit, he had been by his marrows [superior to all his mates].’
The procedure consequent on this sad tragedy is very notable. The Countess of Cassillis—a lady much the senior of her husband, the widow of the late Chancellor Maitland, and of course well acquainted with all the principal people around the king—rode immediately to court, to intercede for James’s favour towards her lord. With the help of the Laird of Colzean, she contrived to obtain an act of Council, making the earl’s part in the late conflict ‘good service to the king’—the pretext being that, in the opposite party, was Thomas Kennedy, Bargeny’s brother, a denounced rebel. ‘The ten thousand merks given to the treasurer was what did the turn.‘[278] The earl was able afterwards to reimburse himself by causing all the gentlemen who had been with Bargeny to come to him and purchase remissions for their concern in the death of one of his followers, slain in the skirmish.