On the 7th of February 1697, four boys who were notorious thieves, and eight women who were that and worse, were called before the magistrates of Edinburgh, and ‘interrogat whether or not they would consent freely to their own banishment furth of this kingdom, and go to his majesty’s plantations in America.’ ‘They one and all freely and unanimously consented so to do,’ and arrangements were made by the Privy Council for their deportation accordingly. It was only ordained regarding the boys that Lord Teviot might engage them as recruits for Flanders, in which case he was immediately to commence maintaining them.
On the 15th February 1698, Robert Alexander, ‘a notorious horse-stealer,’ now in prison, was willing to appease justice by consenting to banishment without trial. He likewise made discoveries enabling several countrymen to recover their horses. The Privy Council therefore ordained him to be transported by the first ship to the plantations of America, not to return thence under pain of death.
William Baillie, ‘ane Egyptian,’ prisoner in the Tolbooth of Edinburgh, but regarding whom we hear of no specific offence and no trial, was summarily ordered (Sep. 12, 1699) to be transported in the first ship going to the plantations, the skipper to be allowed a proper gratuity from the treasury, and at the same time to give caution for five hundred merks that he would produce a certificate of the man being landed in America.[[139]]
It was long before justice in Scotland took any qualm about this free-and-easy way of dealing with accused persons. So late as 1732, two men of humble rank—Henderson, a sedan-carrier, and Hamilton, a street-cadie—suspected of being accessory to the murder of an exciseman, having petitioned for banishment before trial, were sent from the jail in Edinburgh to Glasgow, there to wait a vessel for the plantations.[[140]]
1695. Apr. 3.
The Earl of Home, as a dangerous person, had for some time been confined to his house of the Hirsel, near Coldstream; but now he was required to enter himself prisoner in Edinburgh Castle. He represented himself as under such indisposition of body as to make this unendurable, and the Council therefore ordered Dr Sir Thomas Burnet, the king’s physician, to take a chirurgeon with him to the Hirsel, and inquire into the state of his lordship’s health. The doctor and surgeon reported in such terms that the earl was allowed to remain at the Hirsel, but not without caution to the extent of two thousand pounds sterling. For their pains in travelling fifty miles and back, and giving this report, the Council allowed Dr Burnet two hundred merks (£11, 2s. 2d.), and Gideon Elliot, chirurgeon, one hundred merks.[[141]]
May 20.
A hership of cattle having taken place on the lands of Lord Rollo, in Perthshire, the Master of Rollo was pleased to prosecute the matter a little more energetically than was convenient to some of his neighbours. He seems to have particularly excited the resentment of James Edmonstoun of Newton, one of whose tenants was found in possession of a cow reclaimed as part of the hership. Newton, being soon after at the house of Clavidge, spoke some despiteful words regarding the Master, which were afterwards taken notice of. At the same house, about the same time, Patrick Graham, younger of Inchbrakie, spoke in the like angry terms of the Master. ‘It has been noised in the country,’ said he, ‘that I have courted the Master of Rollo, and fawned upon him; but when occasion serves, something different will be seen.’
These two hot-headed men spent a couple of days together at Ryecroft, a house of young Inchbrakie, and probably there inflamed their common resentment by talking over their grievances. On the day noted in the margin, hearing that the Master of Rollo was to go in the afternoon to Invermay House, they rode to his house of Duncrub, and from that place accompanied him to Invermay, together with the Laird of Clavidge and a gentleman named M‘Naughton. Inchbrakie was remarked to have no sword, while his companion Newton was provided with one. Supping at the hospitable board of Invermay, these two conducted themselves much in the manner of men seeking a quarrel. Inchbrakie said to the Master: ‘Master, although John Stewart killed and |1695.| salted two of your kine, you surely will not pursue him, since your father and his Miss ate them!’ Hereupon Clavidge remarked that this was not table-talk; to which Newton made answer: ‘I think you are owning that.’ Then Inchbrakie and Newton were observed to whisper together, and the latter was heard saying: ‘I will not baulk you, Inchie.’ Afterwards, they went out together, and by and by returned to table. What was the subject of their conversation during absence, might only too easily be inferred from what followed.
At ten o’clock the party broke up, and the strangers mounted their horses, to ride to their respective homes. The Laird of Invermay, having observed some mischief brewing in the mind of Newton, endeavoured to make him stay for the night, but without success. The Master, Clavidge, and M‘Naughton rode on, with Inchbrakie a little in front of them. When Newton came up, Inchbrakie and he turned a little aside, and Newton was then observed to loose his belt and give his sword to Inchbrakie. Then riding on to the rest of the party, he contrived to lead Clavidge and M‘Naughton a little ahead, and commenced speaking noisily about some trivial matter. Hearing, however, the clashing of two swords behind them, Clavidge and M‘Naughton turned back, along with Newton, and there saw the Master of Rollo fallen on his knees, while Inchbrakie stood over him. The latter called out to Newton, ‘He has got it.’ Clavidge rushed to sustain the sinking man, while Inchbrakie and Newton went apart and interchanged a few hurried sentences. Presently Newton came up again, when Clavidge, perceiving that the Master was wounded to the death, cried out: ‘O God, such a horrid murder was never seen!’ To this Newton, standing coolly by, said: ‘I think not so—I think it has been fair.’ The poor Master seems to have died immediately, and then Newton went again aside with Inchbrakie, gave him his own hat, and assisted him to escape. In the morning, when the two swords were found upon the ground, the bloody one proved to be Newton’s.