. The father, being eighty years of age, anxious to take farewell of his son, begged the Council to relax this condition for a few days. The Council doubted if they had power to grant the petition; but the Duke of York ‘affirming that he believed the king would not refuse this desire of an old dying gentleman, they granted it in thir terms, that he should go with a guard like a prisoner, and
stay but twenty-four hours, and then depart out of Fife, where the friends of him that was killed live.’—
Foun.
Sir Robert Balfour was the only surviving son and successor of Sir James Balfour of Denmill, the well-known antiquary. He fell in a duel with Sir James M‘Gill, at a spot closely adjacent to the M‘Duff Cross in the parish of Newburgh in Fife. A cairn of stones raised in commemoration of the sad event, and called Sir Robert’s Prap, was in existence a few years ago. This unfortunate gentleman must have fallen in the very morning of life, as he was born in 1652.
Dec. 8.
1681.
Encouraged by the liberality of the Council, Sir James M‘Gill petitioned them anew in December for a removal of all restriction upon his remission, alleging that it was required on account of the decayed and infirm condition of his parents (he being their only son), and the ruin into which his affairs had fallen in consequence of his long exile. Against this petition, however, the friends of Sir Robert Balfour gave in answers, shewing how green such a family wound could then be kept for eight years. They urged that the slaughter of their kinsman, so far from being done as alleged by Sir James in self-defence, was in forethought felony, and it was only owing to an undeserved clemency on his majesty’s part that he had not been brought to condign punishment. The pretexts regarding his parents and estate were frivolous, when the nature of his offence was considered. ‘Though it is insinuate that the said Sir James desires only to live in the parish of Monimail, and not in the parish of Ebdie, where Sir Robert’s nearest relations are, this is a very silly pretence, for this is the very next parish, and Sir Robert’s nearest relations have their interests in this parish itself, and it may be easily considered that, if this be allowed, Sir Robert’s friends will be punished for Sir James’s crime, since they must, to shun his company, neither go to meetings of the shire, baptisms, nor marriages, burials or churches, nay, nor to see their friends nor neighbours, lest they should fall in inconveniences with him, which was the ground upon which the restriction was granted at first.’ To prove how unworthy Sir James was even of the favour extended to him in May last, it was set forth that on that occasion ‘he must ride insolently by the very gate of the gentleman whom he had murdered, with a great train of his friends, and in passing the road they did also very insolently boast and upbraid the poor people with whom they met.’ If this, it was added, ‘was done in the very first time, what may be expected when his confidence is increased by renewed favours, and when Denmill’s friends see that the only satisfaction they got (which was not to see him at all) is taken from them.’
The pleading of Denmill’s friends was too reasonable to be resisted, and M‘Gill’s petition was refused.—P. C. R.
June 2.