Gordon of Gight, resolved to revenge his brother’s death, came to the house of William Hay of Logyruif, and there, without any warrant, seized Francis Hay, whom he immediately brought along to Aberdeen, and imprisoned in his own lodging, called the Bonnie Wife’s Inn, in the Gallowgate, where he kept him for forty-eight hours, excluding all his friends from seeing him. The sheriff-depute of Aberdeen was also a Gordon, and, of course, felt as a clansman regarding the late transaction. He therefore consented to preside at an irregular trial, to which Hay was forthwith subjected. At this trial, no one was allowed to appear for the alleged culprit. An advocate, who offered to come and act as his counsel, was told that if he did so, he should scarcely be down stairs till twenty whingers were put into him. Francis, in short, was condemned to lose his head, and next morning was actually led out to a solitary place, and there butchered by the swords of his enemies. In this wild way did the passions of men work themselves out in the north of Scotland, at the time when Bacon and Grotius were writing, when Drummond sang and Napier geometrised.
The Earl of Errol now came into the field, grievously offended because his relative had undergone law without his being consulted. The Gordons were summoned to answer for the irregularity of their proceedings at Edinburgh. This, again, drew forth their chief, the Marquis of Huntly, both to defend his own sheriffship, and to maintain his kinsmen. ‘Huntly and Errol did appear at Edinburgh, with all their friends on either side; so that the whole kingdom was divided in two factions, ready to fall together by the ears.’ The king himself now interfered, with a request that all proceedings should be suspended till he should come to Scotland. Accordingly, upwards of a year after, on his visiting his native kingdom, he brought the parties together, and persuaded them to be reconciled to each other, dismissing the offenders with only nominal punishments. ‘So was this controversy settled and taken away; yet it was not quite extinguished till 1627, that Viscount Melgum, the Marquis of Huntly’s third son, married —— Hay, the Earl of Errol’s daughter.’—Pit. G. H. S.
Nov.
Adam French of Thornydykes, ‘ane young bairn scarce past fourteen years of age,’ was attending school at Haddington, under the guardianship of Sir John Home of North Berwick, ‘donator to the gift of his ward and marriage,’ when a plot was laid for making that gift of non-effect by his maternal uncle, William Home of Hardiesmill, in connection with John Cranston of Moriston and Sir Patrick Chirnside of East Nisbet. Under divers pretences, the boy was inveigled away from the house where he resided, and taken to Rimmelton Law in the Merse, the house of John Cranston, whence he was next removed to East Nisbet, and introduced to a daughter of the laird, who was destined to become his wife. A proclamation of bans being made in hasty style, the young pair were straightway carried to Berwick, and there married.
1615.
At the urgency of Sir John Home, the three persons concerned in the abduction, together with one Moffat, a servant, were tried before the supreme court (November 8, 1616), on the charge of ravishing and taking away Adam French. It was shewn in defence, that Adam, being fully fourteen years of age, was competent to contract marriage of his own freewill—the marriage was regular—he himself was satisfied with what had been done, and was ready to declare that he considered the accused parties as his friends. There was much discussion between the king’s advocate and the counsel of the accused on points of law; and, finally, the case was remitted to the sheriff of Berwickshire, the parties giving surety that they would not, in the meantime, fall foul of each other.—Pit.
Just about this time, an heiress of the same age as Adam French was the victim of similar selfishness on the part of her ‘friends.’ A narrative laid before the Privy Council represented Helen Graham, daughter of the deceased Sir John Graham of Knockdolian, as having been left by her father in the hands of persons in whom he had confidence, and with ‘a reasonable provision.’ Now that she was approaching her majority, being ‘about the hinder end of the fourteen year of her age,’ ‘there has fallen out some contestation betwixt them and others of her friends anent the keeping of her person, and she has been coupit fra hand to hand betwixt them, and twice exhibite before the lords of the secret council.’ In this contestation, ‘there is no regard had by ony of them to her will, but all of them, seeking their awn advantage, do what in them lies to procure her wrack and undoing.’ At her last exhibition before the Council, she had been committed to the care of John Muirhead of Brydonhill, who, being no relation to her, had no just pretension to the care of her person nor to the management of her estate. It was now apparent that John had ‘made merchandise of her,’ for, ‘against all modesty and good conscience,’ he had agreed and colluded with James Muirhead of Lawhope ‘for bestowing her in marriage upon Arthur Muirhead, his bastard son, who has no means, moyen, nor provision whatsoever;’ and she had been carried to the house of this James Muirhead, and thence by Arthur ‘transported agaitward toward the realm of England, there to have causit some priest marry her upon him.’ To all appearance, this project would have been accomplished, but for the interference of certain justices by the way. The complainer had, however, been carried back to John Muirhead’s house, and was now ‘deteinit as a prisoner by him, secludit and debarrit fra access, conference, and advice with ony person who professes her guid will.’ She demanded to be restored to liberty, and to have the free choice of her own curators; ‘for gif she be deteinit under the power of thir persons, who, without ony affection to herself, do only respect her estate and geir, she will be miserably undone and wracked.’
1615.
John Muirhead appeared in answer to a summons, and succeeded in freeing himself from blame regarding Helen Graham’s abduction; while Arthur Muirhead was denounced rebel for non-appearance. John, who is described as ‘ane gentleman of ane honest and upright disposition,’ professed to be animated by the best wishes towards Helen, being ‘mindit, with the advice of the Earl of Montrose, her chief, and others her friends, to provide and foresee the best occasion for her weal.’ The lords appointed that Helen should remain with him till she should choose curators; and they at the same time indicated a few gentlemen, including John Muirhead, whom they thought suitable for the trust.