July 11.
From an act of the Privy Council of this date, we get a curious idea of the customs of the age regarding legal suits. It was declared that one of the chief causes of ‘the frequent and unlawful convocations, and the uncomely backing of noblemen and pairties upon the streets of Edinburgh,’ was the fact that ‘noblemen, prelates, and councillors repairing to this burgh, do ordinarily walk on the streets upon foot, whereby all persons of their friendship and dependence, and who otherwise has occasion to solicit them in their actions and causes, do attend and await upon them, and without modesty or discretion, importunes and fashes them with untimely solicitations and impertinent discourses, and sometimes by their foolish insolence and misbehaviour gives occasion of great misrule and unquietness within this burgh.’
1611.
The remedy ordered was as curious as the evil itself. It was, that noblemen, prelates, and councillors, when they come to the council, or are abroad in the town on their private affairs, should, as became their rank, ‘ride on horseback with footmantles or in coaches’—thus freeing themselves of that flocking of suitors which so much beset them when they appeared on foot.—P. C. R.
July 17.
This day, John Mure of Auchindrain, James Mure, his son, and James Bannatyne of Chapeldonald, were brought to trial in Edinburgh for sundry crimes of a singularly atrocious character. The first of these personages has been before us on two former occasions—namely, under January 1, 1596-7, and May 11, 1602; to which reference may be made for an introduction to what is now to be related.
Auchindrain, it appears, felt that the boy William Dalrymple, who had carried the letter making the appointment for a meeting with Colzean, was a living evidence of his having been the deviser of the slaughter of that gentleman. He got the lad into his hands, and kept him for a time in his house; then, on his wearying of confinement, sent him to a friend in the Isle of Arran; thence, on his wearying of being ‘in a barbarous country among rude people,’ he had him brought back to his own house, and, as soon as possible, despatched him with a friend to become a soldier in Lord Buccleuch’s regiment, serving under Maurice Prince of Orange. Dalrymple had not been long in the Low Countries, when he tired of being a soldier, and came back to Scotland. Once more he was at large in Ayrshire, and a source of uneasiness to Mure of Auchindrain. It was now necessary to take more decisive measures. Mure and his son (September 1607) sent a servant to the young man to take him to the house of James Bannatyne of Chapeldonald, and arranging to join them on the way, ‘held divers purposes, speeches, and conferences with him, tried of him the estate of the Low Countries and sundry other matters,’ and finally placed him as a guest in Chapeldonald House, under the name of William Montgomery.
1611.
According to appointment, at ten o’clock of the evening of next day, James Bannatyne came with Dalrymple to meet the two Mures on the sands near Girvan. There, the elder Mure explained to Bannatyne the cause of his fears regarding the young man, telling him ‘he saw no remeed but to redd Dalrymple furth of this life, since he could not otherwise be kept out of his way. Whereunto Bannatyne making answer, that it was ane cruel purpose to murder the poor innocent youth, specially seeing they might send him to Ireland, to be safely kept there.... Auchindrain seemed to incline somewhat to that expedient; and, in the uncertainty of his resolution, turning toward the part where his son stood, of purpose, as appeared, to consult with him, young Auchindrain perceived them no sooner near, but, thereby assuring himself of their assistance, in the execution of that whilk his father and he had concluded, he did violently invade Dalrymple, rushed him to the ground, and never left him till, helped by his father, with his hands and knees he had strangled him.’