Duchrae, notwithstanding an attempt at counter-action, was condemned to go into Edinburgh Tolbooth, and give ample caution that he would keep the peace towards the Earl of Airth and his tenants.
In the same year, John Campbell, a messenger, having to execute letters of caption and inhibition against certain gentlemen in Caithness, proceeded to that remote province with a couple of concurrents, and was seized upon by a Captain George Sinclair, and shipped off with his two associates for France. By mere chance of winds and waves, the ship, after being a considerable time at sea, came back to Thurso, when the three unfortunate officers of the law were put up in prison, where ‘they are keepit under a guard, as they were malefactors.’ The Council ordered them to be liberated, because they had given security to answer any charge that Captain George Sinclair might bring against them!
One evening in the spring of 1671, a number of gentlemen, including the Lairds of Lochnell and Lochbuie, and James Menzies of Culdares, were assembled in the house of John Rowat in Inverary, conversing about certain private concerns, when, some differences arising, and the candle having gone out, some one fired a shot whereby the Laird of Lochnell was killed. This could not but be a fact of considerable importance at Inverary, as Lochnell was the nearest relative of the Earl of Argyle after his brother, Lord Niel. It was soon ascertained by the confession of one Duncan Macgregor, who was present on the occasion, that he had fired the fatal shot; yet the earl thought proper to detain Culdares in durance, notwithstanding his protestations of innocence, and his being in reality grieved as a friend for the death of the murdered gentleman.
The case is perhaps chiefly worthy of notice on account of the traits of clan-feeling which it brought out. Culdares represented his case to the Privy Council as one of the greatest hardship. Here he was, a prisoner in a strange country, inaccessible to his friends, remote from the advice of lawyers, about to be subjected to a tribunal, the head of which was a near relative of the deceased, and where no assize of barons, his own compeers, could be had. The defunct, moreover, was ‘so related to all the gentlemen of that country,’ and ‘so generally beloved,’ that an impartial verdict was evidently not to be hoped for. In short, he ‘finds it very unsafe for him to pass to the knowledge of ane assize in these places.’ He was, however, ‘most willing to abide a severe and legal trial at Edinburgh, where he may have the opportunity of lawyers and ane fair and impartial proceeding.’
1666.
The Council ordered the earl before them, to shew cause why Culdares should not be sent to Edinburgh for trial; but we do not hear of any subsequent procedure.—P. C. R.
July 5.
In obedience to a letter of the king, the Privy Council decreed that, ‘in order to the conversion of the Marquis of Huntly and the better ordering of his affairs’ [the marquis was now about sixteen years of age], his mother should be removed from him and retire with her family to some of his lordship’s houses in the north. This she was ordered to do before the 1st of August. It appears that the lady had been dealt with privately on this matter; but being unwilling, as was very natural, to part with her son, the king had been obliged to send his special command to the Council to have the separation effected.
It may be remarked as a strange conjunction of circumstances, that Charles II., in whose name ran the letter expressing such anxiety for the Protestant upbringing of the young Gordon, was, in his private sentiments, a Catholic, while Lauderdale, by whom the letter was officially signed, was indifferent to all religion. The effort now made was not successful. The young marquis,—who was raised to be a Duke by James II., and distinguished himself by his fidelity to that monarch at the Revolution, when he held out Edinburgh Castle against the new government—continued a firm papist to the day of his death in 1716.