Bayne craved from the Privy Council that the two thousand pounds already admitted might as soon as possible be paid to him, and that, meanwhile, he should be liberated, and receive a protection from his creditors, ‘whereby authority will appear in its justice, the petitioner’s creditors be paid, and no tradesman discouraged to meddle in public works for the advancement of what is proper for the government to have done.’ The Privy Council considered the petition, and recommended the Lords of Session ‘to expede ane suspension and charge to put to liberty’ in favour of James Bayne, on his granting a disposition of his effects in favour of his creditors.[[32]]
It was, after all, fitting that the government which interfered, for its own conveniency, to save its servants from the payment of their just debts, should stave off the payment of their own, by similar interpositions of arbitrary power.
Aug.
The ‘happie revolution’ had not made any essential change in the habits of those Highlanders who lived on the border of the low countries. It was still customary for them to make periodical descents upon Morayland, Angus, the Stormont, Strathearn, and the Lennox, for ‘spreaths’ of cattle and other goods.
Sir Robert Murray of Abercairney, having lands in Glenalmond and thereabouts, employed six men, half of whom were Macgregors, as a watch or guard for the property of his tenants. These men, coming one day to the market of Monzie, were informed that a predatory party had gone down into the low country, and ‘fearing that they might, in their return, come through Sir Robert’s lands, and take away ane hership from his tenants,’ they lost no time in getting the land, over which they were likely to pass, cleared of bestial. They were refreshing themselves after their toil at the kirk-town of Monzie, when the caterans came past with their booty. Enraged at finding the ground cleared, the robbers seized the six men, and carried them away as prisoners.
A few days after, having regained their liberty, they were |1690.| apprehended by Lord Rollo, on a suspicion of having been accomplices of the robbers, by whom it appeared his lordship’s tenants had suffered considerably; and they were immediately dragged off to Edinburgh, and put into the Canongate jail. There they lay for two months, ‘in a very starving condition, and to the ruin of their poor families at home;’ when at length, Lord Rollo having failed to make good anything against them, and Sir Robert Murray having undertaken for their appearance if called upon, they were allowed to go home, with an order to the governor of Drummond Castle for the restoration of their arms.
On the 22d January 1691, Lord Rollo represented to the Privy Council that ‘in the harvest last, the Highland robbers came down and plundered his ground, and because of his seeking redress according to law, they threaten his tenants with ane other depredation, and affrights them so as they are like to leave the petitioner’s lands, and cast them waste.’[[33]] The matter was remitted to the Commander of the Forces.[[34]]
1690. Aug. 16.
Andrew Cockburn, the post-boy[[35]] who carried the packet or letter-bag on that part of the great line of communication which lies between Cockburnspath and Haddington, had this day reached a point in his journey between the Alms-house and Hedderwick Muir, when he was assailed by two gentlemen in masks; one of them ‘mounted on a blue-gray horse, wearing a stone-gray coat with brown silk buttons;’ the other ‘riding on a white horse, having a white English gray cloak coat with wrought silver thread buttons.’ Holding pistols to his breast, they threatened to kill him if he did not instantly deliver up ‘the packet, black box, and by-bag’ which he carried; and he had no choice but to yield. They then bound him, and, leaving him tied by the foot to his horse, rode off with their spoil to Garlton House near Haddington.
As the packet contained government communications besides the correspondence of private individuals, this was a crime of a very high nature, albeit we may well believe it was committed on political impulse only. Suspicion seems immediately to have alighted on James Seton, youngest son of the Viscount Kingston, and John Seton, brother of Sir George Seton of Garlton; and Sir Robert Sinclair, the sheriff of the county, immediately sought for these young gentlemen at their father’s and brother’s houses, but found them not. With great hardihood, they came to Sir Robert’s house next morning, to inquire as innocent men why they were searched for; when Sir Robert, after a short examination in presence of the post-boy, saw fit to have them disarmed and sent off to Haddington. It was Sunday, and Bailie Lauder, to whose house they came with their escort, was about to go to church. If the worthy bailie is to be believed, he thought their going to the sheriff’s a great presumption of their innocence. He admitted, too, that Lord Kingston had come and spoken to him that morning.[[36]] Anyhow, he concluded that it might be enough in the meantime if he afforded them a room in his house, secured |1690.| their horses in his stable, and left them under charge of two of the town-officers. Unluckily, however, he required the town-officers, as usual, to walk before him and his brother-magistrates to church; which, it is obvious, interfered very considerably with their efficiency as a guard over the two gentlemen. While things were in this posture, Messrs Seton took the prudent course of making their escape. As soon as the bailie heard of it, he left church, and took horse after them with some neighbours, but he did not succeed in overtaking them.