CRIMES AND REMARKABLE TRIALS IN SCOTLAND.

INCIDENTS OF THE EARLIER REIGNS--AN INQUIRY INTO THE CHARACTER OF

MACBETH.

The sunshine and the green leaves embrace not all that we should know

of physical nature. Storm and darkness have their signs, which we do

well to study; and in the tempests of the tropics, or the long winter

darkness of the poles, we have types of the character of different

sections of the globe, more marked than the varying warmth of the sun,

or the character of the vegetation--but not perhaps so pleasing. Even

so, the storm and darkness of the human soul--the criminal nature of

man, provide their peculiar food for the thinker and inquirer. The

annals of virtue have their own elevations and delights; but those of

vice are no more to be passed over than the dark and stormy hours in

the history of each revolution round the sun. "While some affect the

sun, and some the shade," there may even be those whose most deeply

cherished associations are with these unlit hours--who prefer the

night thoughts to the day dreams. But to all, the crimes peculiar to

different nations are a large part of the knowledge which man may

profitably have of his race. In the history of its great criminals, a

nation's character is drawn, as it were, colossally, with the broadest

brush, and in the deepest shadows. National virtues have delicate and

subtle tints, and exquisitely minute shadings, inviting to a nearer

view--like Carlo Dolci's Madonnas, or Constable's forest landscapes:

the crimes of a nation present the character of its people, as they

rise from the dead in Michael Angelo's Last Judgment. The _ordinary_

vices of men have a certain vulgar air of uniformity; but each great

crime is a broad dash of the national character of the people among

whom it was committed. The Cenci, and Joanna of Naples were of Italy.

It was in Holland that two great and virtuous statesmen were torn to

pieces by the mob. The dirk, long buried beyond the Grampians, has

re-appeared across the Atlantic in the shape of the bowie-knife. The

country of Woldemar and the sorrows of Werther produced that most

amiable and sentimental of murderesses, Madame Zwanziger, who loved

and was beloved wherever she went; so sensitive, so sympathising, so

sedulous, so studious of the wants of those by whom she was

surrounded, so disinterestedly patient; she had but one peculiarity to

distinguish her from an angel of light--it was an unfortunate

propensity to poison people! We read in the _Causes Célèbres_, of a

Bluebeard who slew a succession of wives by tickling them till they

died in convulsions; and at once we are reminded of that populace who

are said to partake of the natures of the ape and the tiger. The

people who, for more centuries than are included in the events of

European history, have been resolved into the mysterious

classification of castes, produced those equally mysterious criminals

the Thugs, for whose deeds our so utterly different habits and ideas

are quite incapable of finding or conceiving a motive. Our own country

produced the assassinations of Rizzio, Regent Murray, and Archbishop

Sharpe--all pregnant with marked national characteristics;

aristocratic pride, revenge of wrong, and fanatical fury. We propose

to offer for the amusement or instruction--which he pleases--of our

reader, a few more records of Scottish crimes, not probably all so

conspicuously known to the general reader as the three we have just

alluded to, yet not, we trust, without something to commend them to

notice, as characteristic of the country and the age in which they

were respectively enacted.

The raw materials from which we propose to work out our little groups,

are the records of our criminal trials; and yet we feel an insuperable

inclination to begin with a name not certainly unknown, yet not to be

found in the proceedings of the Court of Justiciary--Macbeth, King of

Scotland. Perhaps we might consider it a sufficient reason for holding

his case equivalent to a trial, that before a tribunal called the

Public Opinion, he has been tried, and that at the instance of such a

public prosecutor as never opened his lips in any court of law--one

whose accusation has carried a conviction deep into the very heart of

literature, whence no archæological evidence, and no critical pleading

will ever eradicate it. Nor would we desire to touch it: let Macbeth

the murderer remain to all time the most powerful picture of

temptation, leading its victim through crime into the hideous shadows

of remorse, that human pen has ever drawn. But there was an actual

prose Macbeth, as different from the ideal as the canvass bought by

Raphael of some respectable dealer in the soft line, was from the

Transfiguration which he afterwards painted on it. With _him_, being

but a simple historical king, we may take liberties; and the liberty

we propose to take on the present occasion is that of vindicating his

character. Vindications are fashionable; and since Catiline and

Machiavelli, Richard III., and Philip II. have been vindicated, why

not Macbeth? We shall say 'tis our humour to whiten him, and no man

can say it is a criminal or mischievous one.

The main question is, did Macbeth murder Duncan? It was an older story

in Shakspeare's time than the murder of Darnley is now, and he may

have taken a false view of it. We shall approach the question by an

inquiry who Duncan and Macbeth were, and in what relation they stood

to each other. About the end of the eleventh century, there reigned in

Scotland a king called Kenneth III. Like all the other Scottish

monarchs of the period, the chroniclers have given him his own

peculiar tragic history, in this wise: he was induced to poison the

young prince Malcolm Duff, who might possibly show a title to the

throne enabling him to compete with Kenneth's own offspring. This

troubled his conscience. He "ever dreaded in his mind," in the

expressive words of old Bellenden, that it "should come some time to

light: and was so full of suspicion, that he believed when any man

rounded to his fellow, that they spake evil of him; for it is given by

nature to ilk creature, when he is guilty of any horrible crime, by

impulsion of his conscience, to interpret every thing that he sees to

some terror of himself." He was one night appalled by a terrific

vision, and next morning making his confession, he was sentenced to a

pilgrimage to the tomb of St Palladius at Fordun. When the pilgrimage

was over, he was invited to partake of the hospitalities of a lady

named Fenella--a very neat name for a romance--at her fortalice of

Fettercairn. In the civil conflicts or the administration of justice

during his reign, some of the relations of this lady had been slain;

among the rest her son. Having got the king into her toils, she

resolved to put him to death; and the method which the chroniclers

make her adopt, shows a superfluous ingenuity ridiculous enough to

strip a murder of all its horrors. Kenneth was taken to see a tower of

the castle "quhilk was theeket with copper, and hewn with maist subtle

mouldry of sundry flowers and imageries, the werk so curious, that it

exceeded all the stuff thereof." In the middle of this tower stood an

image of Kenneth himself, in brass, holding in his hand a golden apple

studded with costly gems. "That image," said the lady, "is set up in

honour of thee, to show the world how much I honour my king; the

precious apple is intended for a gift for the king, who will honour

his poor subject by taking it from the hand of the image." Now matters

were so arranged, that the removal of the apple caused certain springs

to touch the triggers of a series of bent cross-bows pointed to the

spot, and so, when the unsuspecting monarch went to take the gift, a

whole sheaf of arrows penetrated to his heart. On the death of this

king, though he left a son called Malcolm, the succession went to a

rival line. His immediate successor was Constantine, who was killed by

another Kenneth, called IV., who in his turn was killed by Malcolm,

who thus regained the throne his father had filled. "The gracious

Duncan" was the son of a daughter of this Malcolm. His father,

strangely enough, appears to have been a priest; he is called in the

old dry chronicles, which are the only ones to be depended on, Duncan

the son of Trini, or Trivi, abbot of Dunkeld. Now the Kenneth IV. of

the rival line, who had been slain by Duncan's grandfather, left

behind him a son, and that son left a daughter, whose name was Gruach,

and in whom the reader, though certainly in an unusual shape, must

welcome Lady Macbeth herself. There being thus two rival races,

alternately seizing the throne: while Duncan was the son of a daughter

of one king, _she_ was the daughter of the son of another. This gave

her no contemptible title to the throne, and when she married Macbeth,

or Machaboedth, as he is called by the chroniclers, she had a husband

who, possessing the almost independent principality of Ross, might be

able to fight her battles. It is somewhat remarkable that, in an

ecclesiastical record still preserved, in which a royal grant is made

to a religious house, dedicated to St Servanus, Macbeth's wife appears

along with himself, as granter of the deed; and they are called,

"Machabet filius Finlach, et Gruach filia Bodhae--Rex et Regina

Scotorum;"[L] an equal juxtaposition, only to be accounted for by the

supposition that Macbeth was king in right of his wife. As to Macbeth

himself, his origin, save in the supernatural legend we shall

hereafter notice, appears not to have been known; but Fordun seems to

intimate, that he was a descendant of that same Fenella who had so

curiously murdered Duncan's great-grandfather. If we were disposed,

indeed, to take a proper antiquarian partisanship of the one dynasty

against the other, we might speak of Duncan as a treacherous usurper,

and Lady Macbeth as an injured and insulted queen, whose cause is

heroically adopted and vindicated by a true knight, who, while

redressing her wrongs, wins her heart and hand.

[L] _Registrum Prioratus Sancti Andreæ_, 114.

Let us now look to the manner in which the death of Duncan is spoken

of by the most ancient authorities. Old Andrew Wyntoun, Prior of St

Serfs on Lochleven, who has never yet, to our great wonder, been

upheld as one of the greatest poets of his own or any other

age,--perhaps we may undertake the task some day, let our readers

judge by the extracts on the present occasion with what prospect of

success:--Wyntoun narrates the event with the true simplicity of

genius, in these two lines:--

"He murthrified him in Elgyne,

His Kynrik he usurped syne."

This is distinct enough, in all truth: there is no ambiguity, or room

for critical doubt; nor is his fellow annalist, Fordun, less distinct,

for he speaks of the slain monarch as _occisus scelere_. But these

chroniclers wrote between three and four centuries after the event

they commemorate, standing chronologically almost as near our own day

as Macbeth's; and when we look into those far older, if not

contemporary, annals, which narrate successive events in the briefest

possible shape, we find that they contain nothing to indicate that

Duncan's death took place in any more atrocious manner than the

multitudinous slaughters of kings, with which their narratives are

often as crowded as a Peninsular campaign gazette with killed

officers. Thus, the register of the Priory of St Andrews simply

states, that Duncan _interfectus est_. It is true that the Latin

language is deficient in any word to express murder as distinguished

from other kinds of slaughter. _Trucido_ is the verb we have been

accustomed to associate most nearly with the idea of assassination;

but in one of the most circumspect and prosaic of the old annals, that

of Tighernac, this very word is applied to the death of Macbeth

himself. Blackstone notices the circumstance that the English lawyers

had to coin, for their own special use, the substantive _murdrum_ and

the verb _murdrare_; equally creditable to their good taste in

Latinity and to the social condition of their country. In fact, the

Romans looked upon death, in any form, as so bad a business, that they

cared little for making nice distinctions about the motive that had

occasioned it, or the manner in which it was effected; and it was a

condition so generally disliked, that, if any man was absurd enough

voluntarily to place himself in it, neither the law nor public opinion

troubled itself to express disapproval, either by driving a stake

through the body or in any other way. Undoubtedly there were

justifiable slaughters and unjustifiable; but the practice of single

combat had not arisen to draw a strong and distinct line between death

in a fair tournament or duel, and secret assassination. A recollection

that this was also the social state of Scotland in the days of

Macbeth, will help us far better towards the truth than a criticism on

the ambiguous Latin words. It was between that age and the period of

Wyntoun and Fordun that single-combat chivalry and the laws of honour

had grown up; so, while the older chroniclers had simply to say that

the man was killed, without troubling themselves about the manner,

those of later date were moved to divide the deaths into two

departments--the killed in combat and the murdered. More, probably, by

chance than design, the fate of Duncan was put into the latter

category; and then a super-structure of particulars was raised upon

it--for it must be observed, that the romantic incidents of the

slaughter were added at a still later period than that of Fordun or

Wyntoun--by Boece and Hollinshed. Here, then, is our case, as lawyers

say: Macbeth, in right of his wife, was a claimant of the crown. He

kills the existing holder; but there is nothing in the older accounts

of the affair to show that he did so otherwise than in the fair course

of war. It was what the old civilians would have called a _casus

belli_,--an expression which, by the way, we find some accomplished

editors using as the Latin for a justification of war. The murder is

found only in the later chronicles, which, in all parts of their

narrative, have covered their more sober predecessors with a coating

of fabulous details like the stalactites of a dripping cave. However

the real fact may have stood, we have no _statement_ of Macbeth having

murdered Duncan until between three and four centuries after the

event. Why,--the case looks vastly better than we thought it did when

we began with it; we have some thoughts of believing our own theory,

which is more than ever we knew a historical critic do, within the

range of our personal observation.

Having so disposed of this question, we are inclined to amuse our

readers with some further notices--real and unreal--about Macbeth.

Wyntoun gives us a strange wild legend of his supernatural parentage,

beginning

"Bot, as we fynd be some stories,

Gotten he was in fairly wys;

His modyr to woods made oft repaire,

For the delyte of halesome air;

Swa sho passed upon a day

'Til a wood her for to play,

Scho met of cas with a fair man

(Never nane so fair as sho thought than

Before than had sho seen with sight)

Of beauty pleasand, and of hycht

Proportioned wele in all measure,

Of limb and lyth a fair figure."

Such is the description of the putative father of Macbeth. In the

sententious explanation of Wyntoun, who scorned expletives, "he the

devil was;" and so he told the wandering damsel--

"And bade her nought fleyed to be of that,

But said that her son should be

A man of great state and bounty;

And na man sould be born of wife

Of power to reve him of his life.

And of that deed in taknyng,

He gave his leman then a ring,

And bade her that sho sould keep that wele,

And hald for his love that jewel."

Wyntoun's melodious verses were lying in a dusty parchment manuscript

when Shakspeare wrote; we know not if he had access to the volume, nor

have we any strong reason for presuming that he would have perused it

if he had. It would be too adventurous to predict whether, knowing the

legend, he would have considered any reference to it as consistent

with the character of his drama; but it is curious to observe, that

the tale appears to have been in the eye of Sir Walter Scott, when he

wrote the history of Brian the Hermit, in the _Lady of the Lake_,

beginning--

"Of Brian's birth strange tales were told:

His mother watch'd a midnight fold."

We shall now indulge our readers with a glance at a totally different

feature in the career of Macbeth. It appears that he was a very able

financier. We presume that he was his own First Lord of the Treasury

and Chancellor of the Exchequer: yet in his days there was no pressure

on the money-market; there was no drain of gold; there was no

restriction of issue; no great houses suspended payment; there were

no rumours of turns-out and distress in the manufacturing districts;

there was no Highland destitution. Our proof of this position lies in

two lines of our illustrious poet Wyntoun, which contain as much as a

smaller genius could have crowded into a volume on "The state and

progress of Scotland during the reign of Macbeth; with an account of

the arts, industry, and manufactures of the country; returns of the

exports and imports, and of the goods entered for home consumption,

with the annual gross and net revenue from customs and excise,

post-office, assessed taxes, hereditary revenue, and other

miscellaneous sources, during that reign: dedicated, by permission, to

the Statistical Society." Wyntoun's simple statement is--

"All his time was great plenté,

Abundant both by land and sea."

What more is necessary? It is true, that on another occasion we have

repudiated Wyntoun as an authority; but it is the privilege of the

antiquarian speculator to found on an author when he is right, and

repudiate him when he is wrong.

We now come to a subject on which really, jocularity apart, we stand

upon firm and secure ground--the spot where Macbeth fell. All the

chroniclers with one voice state that it was at a place called

Lunfanan. Even Raphael Hollinshed, whose version, it is universally

admitted, was the one perused by Shakspeare,--after he tells how the

beleaguered fugitive beheld the miraculous forest with which his doom

was involved approaching him, continues to say--"Nevertheless, he

brought his men in order of battle, and exhorted them to do valiantly:

howbeit, his enemies had scarcely cast from them their boughs, when

Macbeth, perceiving their numbers, betook him straight to flight, whom

Macduff pursued with great hatred, even till he came to Lunfannane."

Perhaps Shakspeare, not knowing precisely where Lunfanan lay, supposed

that it was some spot close to Dunsinane, and did not wish to burden

his action with the particularity of an unimportant movement. Lunfanan

is, however, north of the Dee, and distant full fifty miles in a

straight line from Dunsinane, the rough mountains of the Braes of

Angus lying between the two places; so that the two parties must have

had a pretty long running fight, and Macbeth stood out even harder

game than he has generally credit for. Our favourite poet describes

the chase across the broad valley of Strathmore, through the rocky

glens of Clova, over the Isla and the Esk, down through the hoary

forest of Glentanner, across the raging Dee, and up again through

mountain and forest, in this sententious and emphatic couplet,

"And our the Month they chaised him than

'Till the wood of Lunfanan."

When the victory was completed, we are told that they cut off his

head, and bore it to King Malcolm at Kincardine--a pleasant village on

the banks of the Dee, about ten miles from Lunfanan.

This same Lunfanan is a spot which it requires particular taste to

love, and yet we have perambulated it not without interest. The

Chroniclers speak of it as a forest, but the highest elevations are

now generally bare of trees, save where in a few sheltered hollows the

birches cling to the rocks. The hills are of considerable height, but

round and bare, with few precipices, and little character of outline;

but the glens between the hills are sheltered and well cultivated,

each is enlivened by a small stream, and still more enlivened by the

scanty population seeking the shelter of the recesses of the glen, and

making it populous amid the waste. But we shall afford a better

description than our own, in a few lines from "The Fortunate

Shepherdess," by a poet who lived in a glen not far distant--Alexander

Ross. It will be admitted, by the way, that our poetical quotations

to-day are not of a hackneyed kind, whatever other censure they may

incur.

"The water keely on a level sleed,

Wi' little din, but couthy what it made:

On ilka side the trees grew thick and strang,

And wi' the birds they a' were in a sang;

On ev'ry side, a full bow-shot and mair,

The green was even, gowany, and fair;

With easy sklent, on ev'ry hand, the braes,

To right well up, wi' scattered busses raise,

Wi' goats and sheep aboon, and ky below,

The bonny braes a' in a swarm did go."

Occasionally, when the new earth is turned up, strange uncouth warlike

instruments are found in this district--remnants of ancient strife, so

unlike any weapons recorded in the genuine history of the military

art, that it were hard to say whether they belong to the age of

Macbeth, or to unknown anterior centuries. Flint arrow-heads, stone

hammers and axes,--such is their general character, though we have

also seen among these mysterious discoveries, such a thing as a long

flat mass of decomposed iron, which may have once been the blade of a

dagger, or short sword. Here the knowing reader, who has been induced,

on the field of Waterloo, to purchase a ball-perforated cuirass and

helmet, which he afterwards discovers to have been made at a

manufactory of Waterloo relics, will curl his lip in scorn; but he is

wrong. Lunfanan is no relic-collecting district. We question if the

inhabitants ever made a shilling of any one, the present company

excepted, by the military stores discovered by them when ploughing

their tough peat soil. We did not require there to practise the method

of self-defence which we adopted on a visit to the field of Waterloo;

and by the way--as we are inclined to recommend it strongly to our

friends, as an effectual preservative from the main annoyance to which

the hero-worshipper is subjected--we may here describe our method. On

hiring our guide, we desired him to procure for us a fragment of an

old kettle. Carrying this conspicuously in our hard, to each band of

relic-sellers who came up, we stated that we were in the trade

ourselves, that we had just acquired a very valuable article, and were

willing to part with it at a moderate price. The cuirassiers did not

look more ridiculous, when they attempted to storm the squares, than

our assailants, when we fortified ourselves behind this piece of

defensive armour. But to return to Lunfanan.

In one of the narrow glens, near the old parish-church, there is an

oblong solid turf bank, or mound, of considerable height, and regular

construction, as clean and sharp in its outline as the glacis of a

modern fortification. A neighbouring stream has been diverted round

it, or rather the waters have been divided and distributed on either

side, so as to surround it with a fosse. This curious antiquity is

called "the Peel Bog," or Castle Bog. "The course," says the author of

the statistical account of the parish, "by which the water was

conveyed from the burn of Lunphanan may still be traced; the measure

of the circumvallation by which the water was confined may still be

made; the situation of the drawbridge is still discernible; the path

leading from the fosse to the top of the mound may still be trodden;

and the sluice by which the water issued from the moat, was laid bare

by the flood of 1829."[M] Even the sceptical Lord Hailes ventured to

associate Macbeth's name with the spot; "as no remains of buildings,"

he says, "are to be seen, it is probable that the fortress was

composed of timber and sod. In this solitary place, we may conjecture

that Macbeth sought an asylum." At some distance from the Peel Bog, a

low thin rampart of earth and stone encircles the summit of a conical

hill; it is an inferior specimen of the old British hill-fort, well

known both in Scotland and the north of England. But on the brow of

one of the hills, there is a still more emphatic memorial of the

monarch's fate. There a heap of gray stones, considerably larger than

many others surrounding it, is still called, and is represented in the

county maps as _Cairn Beth_. We must admit that, were it in a

tourist's district, or were it the spot which popular literature, of

any kind had marked as the grave of Macbeth, this would be suspicious.

But no tourist's footstep seeks the quiet uninviting wilds of

Lunfanan. There is no railway line, not even a stage-coach

communication, between it and the world. You have but to see the

rough, primitive, granitic air of the Lunfananers assembled at the

parish church, to know that they are incapable of any imposition.

Legends we always distrust, especially when they are connected with

any spot sanctified by poetry. At Dunsinane, we believe, some

vestiges are shown as marking the spot of the usurper's death, the

"genuine" spot, "all others being spurious imitations;" but we suspect

this legend is not even so old as Shakspeare's day, that it is no

older than the revival of Shakspearean literature, and the rise of a

general public interest in the spots illuminated by his genius.[N] For

more than one castle, Cawdor included, has the merit been claimed of

being the identical edifice in which Duncan was slain, and undoubted

four-posted bedsteads have been shown in actual existence to put

scepticism to scorn. But any popular association of the actual events

of Macbeth's career with quiet remote Lunfanan has been barred by the

silence of Shakspeare, and the unwillingness of topographical critics

to break the spell of the accepted localities. Though legends spring

up like rumours, with a breath, the _names_ of places which they have

received from historical incidents are generally of long standing,

and, indeed, a large proportion of the lowlands of Scotland is full of

places which to this day bear Celtic names, given them by tribes who

cannot have inhabited the districts for a thousand years at least. The

old chroniclers, without exception, lay Macbeth's death in Lunfanan;

the people of the spot, who never read these chronicles, and never,

perhaps, heard of Macbeth, or if they did, heard the popular account

of his death in Dunsinane, call a certain monumental tumulus Cairn

Beth--this, we think, is very nearly conclusive.[O] And yet, sitting

on that Cairn, with the fresh breeze blowing round one, and the blue

heavens above, and the blooming heather-bells around, or reclining on

the smooth green turf of the Peel Bog, on a summer day, with the sun

shining hot upon the hills, and the babbling brook singing its "quiet

tune," it is not easy to associate the spot with that history of blood

and horror, or to feel that its features are ancient, or that they

ever were connected with warfare. In the gloomy, galleries of Glammis

or Cawdor, with their grim old portraits, their armour, their secret

staircases, their mysterious hidden chambers, and iron hooks in the

wall--the idea of the haggard murderer, and all the associations of

his deeds and his remorse creep more vividly on that imaginative

conscience, which more or less makes cowards of us all in such places.

Yet the history of the arts tells us that not one stone of these

edifices, ancient though they be, can have stood upon another till the

history of Macbeth was as old as that of Queen Mary is now. Why, then,

should they retain their hold on us? They are contemporary with

Shakspeare's Macbeth, though not with the historians', and are the

style of edifice in which he cast his tragedy. It must be a feudal

stronghold, heavily arched, buttressed, fortified, and gloomy,--where

the lady in a vaulted half-lighted chamber may say:

"The raven himself is hoarse

That croaks the fatal entrance of Duncan

Under my battlements."

[M] New Statistical Account, Aberdeenshire, 1089.

[N] Of the many spots traditionally connected with Ossian, we have no

doubt that the association is no older than the days of James

Macpherson. Yet, to show how fearlessly we adopt our theory, we shall

here state a circumstance appearing to establish a genuine Ossianic

tradition of no common interest, which we wonder never to have seen

introduced in the controversy. The wild glen running from the

neighbourhood of Crieff towards Loch Tay, called Glen Almond or Glen

Almain, is the traditional resting-place of the bones of Ossian. The

reader will remember it from Wordsworth's lines:--

"In this still place remote from men

Sleeps Ossian in the narrow glen,

In this still place where wanders on

But one lone streamlet, only one," &c.

Early in last century, a military road was carried through this glen,

by a set of men brought up in the stiff formal engineering of the

period, who went straight to their end, caring neither for scenery,

nor for legends, for the graves of bards, nor for big stones, as one

of their number--Captain Burt, a very matter-of-fact but clear

narrator, who was present--shows.

"A small part of the way through the glen had been marked out by two

rows of camp colours, placed at a good distance one from another,

whereby to describe the line of the intended breadth and regularity of

the road by the eye. There happened to lie directly in the way, an

exceedingly large stone, and, as it had been made a rule from the

beginning, to carry on the roads in straight lines, as far as the way

would permit, not only to give them a better air, but to shorten the

passengers' journey, it was resolved the stone should be removed, if

possible, though, otherwise, the work might have been carried along on

either side of it.

"The soldiers by vast labour, with their levers and picks, or

hand-screws, tumbled it over and over till they got it quite out of

the way, although it was of such enormous size, that it might be

matter of great wonder how it could ever be removed by human strength

and art, especially to such who had never seen an operation of that

kind; and upon their digging a little way into that part of the

ground, where the centre of the base had stood, there was found a

small cavity about two feet square, which was guarded from the outward

earth, at the bottom, tops, and sides, by square flat stones. This

hollow contained some ashes, scraps of bones, and half burned ends of

stalks of heath; which last we concluded to be a small remnant of a

funeral pile."

Burt, returning to the spot after a short absence, asked the officer

in charge "what had become of the sarcophagus." "He answered that he

had intended to preserve it in the condition I left it, till the

commander-in-chief had seen it, as a curiosity, but that it was not in

his power so to do; for soon after the discovery was known to the

Highlanders, they assembled from distant parts, and, having formed

themselves into a body, they carefully gathered up the relics, and

marched with them in solemn procession to a new place of burial, and

there discharged their fire-arms over the grave, as supposing the

deceased had been a military officer."--BURT'S _Letters_, ii. 188. The

engineer officer, desirous to account for so unaccountable a

proceeding naturally drew on the etiquette of his own profession. We

make the supporters of Ossian a free gift of this anecdote, not

doubting that they will appreciate our liberality.

[O] Alas! it is a world of change. While correcting the press, we have

just heard that some learned antiquary has enlightened the

Lunfananers, and that they have set up a tavern called "The Macbeth

Arms!"

The timber edifice on such an eminence as the Peel Bog--probably, as

the sagacious Lord Hailes imagines, the true character of the edifices

possessed by Macbeth--would no more fill up the true architectural

wants of the drama, than a marble Grecian temple, or a Canadian

settler's log-house.

Crimes briefly told without details have no interest, unless they can

be put in the shape of statistics--some people will be inclined to

deny that the exception is the reverse of the rule. We are not writing

history, and if we were, the historical details which go no further

than that A stabbed B, and C poisoned D, and E mutilated F, are not

such as we are inclined to believe our readers would thank us for. It

is very clear that the death of Duncan, if we had no more than

authentic annals to deal with--if it had been a question merely of

history, and not in some measure incidentally connected with the

highest rank of human intellectual effort--would have formed a very

meagre object of comment. The society of antiquaries might have

endured a paper on it--for such endurance is the martyrdom they have

chosen--but no other person would. In looking, then, down through

Scottish history from the accession of Macbeth's successor, we find

little that can be noticed with any applicability to our particular

purpose, until we reach the time when the records provide us with some

of the details.

Yet there is one very early tragic incident, which appears to us to

have considerable interest, as one of the first striking instances

where the fierce spirit of clan animosity--the burning desire to

avenge the wrongs of the chief--was exhibited by the Highlanders. It

occurred about the year 1242. A tournament was held on the English

Border, at which two young knights, Patrick Earl of Athole, and Walter

de Bysset, a cadet of the family who were lords of the great northern

districts, subsequently the patrimony of Lord Lovat, encountered each

other. Bysset was unhorsed. Not long afterwards, the building in which

the Earl of Athole lived, in Haddington, was burned to the ground, and

he, with several of his followers, died in the flames. By some

accounts the Earl was previously murdered, and the house was burned to

conceal the deed. Let us here have recourse to the distinct and

considerate account of the incident in our favourite poet:--

"Whether it was of recklessness,

Or it of forethought felony was,

Into the Inns, lang ere day,

Quhare that the Earl of Athole lay

A fell fire him to coals brynt,

Thus suddenly was that Earl tynt.

And with him mony ma

There houses and men were brunt alswa."

Some Highland gillies from Bysset's country had been seen in the

neighbourhood, and suspicion immediately fell upon the head of that

house. He tried to prove an alibi--that he was, at the time of the

tragedy, in Forfar, some eighty miles distant from Haddington, doing

the honours of hospitality to the Queen. As our historical poet says:

"But this Sir William at Forfar

That night was late at the supper

With the Queen, and her to chamber led,

And in his own chamber yhed till his bed,"

like a good old country gentleman. But an alibi went for little in a

Highland feud.

"To purge him for this the Queen

Profered her to swear bodily,

But that assythed not the party,

That was stout and of great might,

They said--Wherever he was that night

Bathe his armouries and his men

Intil Haddington were seen then,

When this earl was brynt with fire:

They said the Byssets in their ire

Of auld feud and great discord

That was between them and that lord,

Did that in forethought felony."

It was still the age of ordeals. The hot ploughshares were, perhaps,

obsolete, but single combat was in full practice; and even jury trial

was considered a species of ordeal rather than a deliberate judgment

upon evidence. The accused party in the one case appealed to the

chances of war--or, taking the reference in its more solemn aspect, he

left his cause to be vindicated by the God of battles: in the other,

he threw himself upon the suffrages of his peers. Both ordeals were

considered about equally reasonable and fair; and if the man who

preferred the ordeal of battle were a gigantic warrior, unconquered,

and terrible in the lists, he was, to the true believer in ordeals,

not more formidable than the feeblest of his contemporaries, for a

just Deity might wither his uplifted arm; and if he retained the

physical superiority he had previously indicated, it was because the

All-seeing Eye knew of the justice of his cause. Now Bysset, who seems

to have been somewhat of a sceptic in ordeals, had no objection to

trust the issue to single combat, and challenged whomsoever would dare

to stand forth against him. But he would not submit to an assize or

jury, for he said the whole country had prejudged him. His opponents

had, somehow or other, greater faith in the ordeal of an assize than

that of battle, and would not accept his challenge. In the meantime,

to show his sincerity, he requested the northern clergy to curse and

excommunicate the perpetrators of the deed.

"Sir William Bysset gert for thi,

His chaplain in his chapel,

Denounce cursed with book and bell,

All they that had part

Of that brynnin, or any art.

The Bishop of Aberdeen alswa,

He gart cursed denounce all tha

That either by art or part, or swike,

Gart burn this time that Earl Patricke,

In all the kirks halely

Of Aberdeen's diocesy.

Sir William Bysset this process

Gart be done."

Wild justice began to be enforced in the country of the Byssets, which

was overrun by their enemies: in the pathetic language of our poet--

"His landis quite,

Was for that burning all herryet,

Bathe of nowt, and sheap, and kye,

And all other goods halely."

At length, the Byssets agreed "to come into the king's will," or abide

by his arbitration. They came under an obligation to depart to the

Holy Land, and there for the remainder of their days pray for the soul

of the murdered man. Their broad estates were forfeited, and a portion

of them coming into the hands of a family named Frezelier or Frazer,

they planted the roof-tree of the great chiefship of that name in the

northern Highlands.

There is little doubt that the murder of Athole was a piece of

clannish vengeance over which the chief had no control. His wild

Highland followers saw him unhorsed: it was enough. Into such puerile

refinements as the law of chivalry, which bound him to take the

unhorsing with the meekness of those who turn the left cheek when the

right is smitten, they could not enter. The more they believed in the

high spirit of their chief, the more they would be confident, that he

would exult in a signal vengeance for the insult. Of course, when the

vengeance was accomplished, it would rouse an unquenchable desire of

retaliation in the men of Athole; and indeed it may be conjectured

from the circumstances of the whole proceeding, that the king believed

the Byssets personally innocent, but dared not, for the peace of the

country, allow them to remain in Scotland. And yet, what is on the

whole the most remarkable feature of the Highland feuds of the

day,--neither the Athole nor the Bysset family were old hereditary

patriarchs of the people. They were foreign adventurers, but recently

rooted in the country. The Celtic races seem to have at once rallied

round such intruders, in the strongest and fiercest spirit of

devotion. When a chief had descendants, his race held, of course,

generally a position which a stranger could not shake. But if the

people had quarrelled with their chief, or if from other circumstances

the headship were vacant, they clung with instantaneous tenacity to

the first Norman adventurer to whom the monarch assigned their

territory; and the descendants of these refined sons of chivalry by

degrees assimilated themselves to the people among whom they were

cast; becoming ostensibly of the same race as that over which they

held rule.

The banishment of Bysset was connected with important historical

results. Instead of going to Palestine, per agreement, to pray for the

soul of the slaughtered Earl of Athole, he went, according to Matthew

Paris, to a nearer and more agreeable place, the court of England.

There he fostered in Henry III., those notions of the feudal vassalage

of the Scottish kings to England, which produced the invasion of his

successor, Edward I. Bysset had a considerable personal interest in

this question; for, if the king of England had a paramount superiority

over Scotland, his banishment and forfeiture might be reversed. Such

conduct shocks all historical notions of patriotism; but what better

claim had Scottish nationality on the Norman adventurer, than the

respectability of Juggernaut has on a member of the supreme council of

Calcutta? The ancestors of the house probably came over with William,

a century and a half earlier; the banished lord was perhaps brought

over from England with his father or grandfather, to accept the

chiefship of a portion of the Highland wastes, over which the King of

Scots professed to hold sovereignty. Aggrandisement was the sole

object among the barbarians of the north; and when they ceased to

derive a territorial revenue within Scotland, their connexion with the

country where they lived was as completely closed, as that of the

governor of a colony when he is recalled.

The subsequent history of this race was as strange and eventful as

their first appearance in the Scottish annals. They became great lords

in Ulster; and early in the fifteenth century they were again

represented by a Scotsman, Donald Balloch, the hero of the battle of

Inverlochy, whose mother was the heiress of the Byssets. For some time

after this, we might trace their descent, like the track of a wild

beast, by the marks of rapine and disorder; and at a later period we

finally lose sight of the pedigree of the Byssets, in Montrose's

celebrated ally, Kilkittoch.

Few of the incidental notices connected with those minor offences

which mark the general character of the people, can be found anterior

to the commencement of the criminal records. Hector Boece and our

friend the poet occasionally tell wondrous incidents; but they are not

to be depended on, and few of them have enough of dramatic spirit to

be interesting as fables. We are inclined, however, to mention, in

passing, the judicial feats of stout old Regent Randolph, whom the

poet maintains to have been the greatest of law reformers; in

testimony whereof, he adduces a case in point, far beyond the nicety

of modern juridical philosophy. The regent hanged a man for stealing

his own property. There was a law, that the community should make good

every theft, the perpetrator of which could not be discovered.

Founding on this law, a husbandman secreted his plough-irons, and

received compensation.

"A gready earl soon after was,

Burnin' in sik greediness,

That his plough irons himself stall,

And hid them in a peet pot all.

He playned to the sheriff sare,

That stolen his plough irons were;

The sheriff than paid him shillings twa,

And after that he done had sa,

Soon a great court he gart set,

Wytting of that stelth to get."

The fraud was discovered, and the perpetrator of it hanged.

The murder of James I. is one of the few crimes anterior to the

commencement of the records, of which a contemporary account,

circumstantial and truthlike, has been preserved.[P] Few historical

tragedies bear comparison with this, either in the audacity with which

the assassination was planned, or the relentless atrocity with which

it was perpetrated. Nothing can afford so lively an illustration of

the perilous tenure of the Scottish crown in the fifteenth century. We

would fain have had the telling of this story, and of that part,

especially, where, after the household traitor had removed the great

iron bolt, a young damsel, a daughter of the house of Douglas, thrust

her arm in the socket. "She was but young," says Hector Boece, "and

her bones not solid, and therefore her arm was soon broken in sunder,

and the door dung open by force." Poor child! few have been the acts

of loyal devotion so heroic as hers; but the whole narrative has been

so fully and minutely incorporated with history, as to afford us no

excuse for here repeating it.[Q]

[P] It may be found at the end of vol. i. of Pinkerton's _History of

Scotland_, and in vol. ii. of the collection of reprints called

_Miscellanea Scotica_.

[Q] See Tytler's History, iii. 307, _et seq._

There are, on the other hand, among the early criminal records, two

instances of conspiracy against the life of the monarch, of which the

particulars are not sufficiently ample to give them the interest of

mystery. To excite curiosity, we must see a certain way, while we are

unable to see so far as we desire: but in these cases we have little

more than the accusation and the condemnation. One of the sufferers

was Janet Lady Glammis, condemned to be burned on the 17th of July

1537; we find her name in the criminal record five years earlier,

charged with "art and part of the intoxication of John Lord Glammis

her husband." The charge has not a very formidable sound, but it

doubtless meant either poisoning or sorcery or both; for they were

then held to be one concern, as the Romans showed that they deemed

them by the title they conferred on the witch, "venefica." This trial

is remarkable from the circumstance of a number of gentlemen having

preferred paying a penalty to acting on the jury. Perhaps they were

inclined, as a later bulwark of our constitution is said to have done,

to find a verdict of 'sarved him right.' It was through the

instrumentality of poison that the unfortunate lady was charged with

intending to effect her design against the life of the king; but of

her motive, or ultimate object there is no indication, beyond her

relationship to the Douglas family, and probable connexion with their

intrigues. The other charge of treason occurred so closely at the same

juncture, that for this reason alone historians have supposed that

they had both some untraced connexion with a common plot. The culprit

in this instance was John Master of Forbes, who was charged with a

design to shoot the king as he passed through the town of Aberdeen. It

was a service which he was likely to have performed as successfully as

Bothwellhaugh, for he had already shown his abilities in the murder of

his neighbour, Seton of Meldrum. In those days, the people who took

upon them to fire at kings--very different from the maudlin wretches

whose diseased brains conceive such horrid projects in a civilised

age--knew what they were about, and were generally successful. They

were well accustomed to "break into the bloody house of life;" and the

attempt on a crowned monarch was merely a higher range of practice,

tasking their best abilities. The simple truth is this: that in the

present age we are not accustomed to shooting people, and therefore,

when any wretch takes into his frenzied brain a design to fire at a

Louis Philippe, he gets confused and makes a bungle of it. It is not a

practice suited to the age, and no man of any sense would adopt it.

The earliest of the Scottish criminal records that have been preserved

begin in the reign of James IV., about the year 1488. Mr Pitcairn, who

has generously laid these early records before the public, not at the

expense of the record commission but at his own, says of them,--"The

books of adjournal and minute books of the supreme criminal tribunal

of Scotland, as well as the records of the Justice Aires, &c. at these

remote periods, were kept in an obscure forensic Latin. This

circumstance, added to the well-known difficulty of deciphering the

ordinary MSS. of these centuries, and the fact of the books now

preserved being generally mere scrolls and memoranda, written with

many contractions and evidently during the hurry of the court

proceedings, have hitherto rendered the task of examining them, and

presenting the public with the more important cases, a labour of a

peculiarly irksome and repulsive kind." We do not doubt it, and hence

our gratitude to Mr Pitcairn, for not only deciphering these

discouraging manuscripts, but translating the Latin into English.

Those indeed who, like ourselves, have perused his volumes--if any

other person _has_ perused them--owe a double debt of gratitude to Mr

Pitcairn; for he has enabled us to read, in excellent type, what we

would otherwise have had to decipher in distressing MS., and he has

given us the means of pursuing the task of research by our own

fireside, instead of in the interior of the Register House; while we

have the satisfaction to feel, in perusing his quartos, that the

number of people to whom, in common with ourselves, they have laid the

field open, is a very limited one indeed--so limited, that we shall

consider every quotation we make from his volumes as select and

valuable as if we were able to subjoin MS. _penes auct._ to it.

The earliest of these translations from the old Latin records contain

the minutes of circuit courts on the Borders. The entries are as like

each other as those of a police charge book. Plunder of cattle is the

perpetual theme, and the quantity of business done by individuals is

sometimes startling. Here is an ordinary specimen:--

"Walter Scott of Howpaslot, allowed to compound for treasonably

bringing in William Scott, called _Gyde_, John his brother, and other

traitors of Levyn, to the Hereship of Harehede. Item, for theftuously

and treasonably resetting of Henry Scott and other traitors of Levyn:

item, for the treasonable stouthrief of forty oxen and cows, and two

hundred sheep, from the tenants of Harehede, at the same time. Robert

Scott of Quhitchester became surety for his entry at the next Justice

Aire."

Such were the gentry who, in the words of the namesake of Howpaslot,

"Drove the beeves that made their broth,

From England and from Scotland both."

Another entry like the former, containing more names that will sound

not unfamiliar, may be given as a further specimen. The two, from

their similarity, will satisfy the reader that it would tend little to

edification to make a more extensive selection.

"John Scott of Dalloraine, allowed to compound for art and part of the

resetting of John Rede and John Scott in Tushielaw in his theftuous

deeds; and especially the time that the said John Scott stole a

'drift' of sheep from Thomas Johnson forth of Quhithop. _Item_, for

treasonably resetting Hector Armstrong, a traitor of Levyn, in his

theftuous deeds and treasons, &c. &c. _Item_, for common oppression of

the lieges, in taking and plundering them of their horses and goods by

his own authority. _Item_, for intercommuning with the English in

treasonable manner. _Item_, for common reset of the thieves of

Liddesdaile, Eskdale, and Ewesdale. _Item_, for slaughter of one

called Colthride, &c. &c. Robert Scott of Quhitchester became surety

to satisfy the parties."

The reader of Scottish history knows that, in the year 1530, James V.,

finding that by Circuit Courts of Justiciary he produced little more

effect upon these Border depredators than if he had made a gratuitous

distribution of _Cicero de Officiis_ among them, made war on them, by

leading an army through their country, and destroyed their

strong-holds, as the German free cities destroyed the castles of their

professional brethren on the Rhine. It was on this occasion that

Johnny Armstrong visited him with twenty-four armed "gentlemen,"

according to Pitscottie, "very richly apparelled," and that the king,

turning haughtily round from the freebooter's proffered courtesy said,

"What wants yon knave that a king should have?" There is something sad

in Armstrong's fate. He appears almost to have considered the king one

of his own class,--a leader of men, but a greater leader. Somewhat

pompous and conceited he appears to have been;--somewhat too trustful

in the effect of his hearty hail-fellow-well-met way of approaching

the royal presence. In fact, Johnny Armstrong "did not know his

place," and treated the king too much like a brother freebooter, of a

higher standing than himself. But, in his apprehension and execution,

there is something that makes the nearest possible approach to

treachery; and we can imagine a blush rising in the royal cheek, when

the robber captain turned haughtily round and said, "I am but a fool

to seek grace at a graceless face." The entry regarding the redoubted

leader, in these records, is as brief as it is humiliating, for the

lion had not the telling of the tale;--"John Armstrong, alias BlakJok,

and Thomas his brother, convicted of common theft, and reset of theft,

&c., hanged."

During the same reign, outbreaks in the Highlands assumed a somewhat

similar character to those of the Border rievers; but the Celts

conducted their operations on a much larger scale, and we intend to

devote to them a separate paper.

The disturbances connected with the Reformation are essentially a part

of the history of the kingdom, and in that shape too well known to

have a place here: but a considerable time before these great

convulsions, some smaller offences occasionally connected themselves

with the priesthood, and their relation to the rest of the community.

Even in the days when the church of Rome was so far Catholic as to be

almost co-extensive with Christianity, Scotland was not without

occasional ebullitions, in which the savage nature burst the spiritual

bonds that, in its ordinary moments, held it in subjection. Boece

relates an affair of this sort, and its consequences, with a rapidity

almost unmatched, when we consider the quantity and the serious

character of the business transacted. It was in the reign of Alexander

III. that, according to his translator, "The men of Caithness burnt

Adam, their bishop, after that he had cursed them for non-payment of

their teinds. King Alexander hearing sic terrible cruelty done to this

noble prelate, ceased not till four hundred of the principal doers

thereof were hanged." "King Alexander," continues the chronicler, "for

this punition was gretumly beloved by the Pope." No wonder! Nearly

contemporary with the crusade of James V. against the Border rievers,

was the murder of James Inglis, abbot of Culross, by Blacater baron of

Tullyallan, and William Lothian, a priest, both of whom were found

guilty and beheaded, while others were acquitted. The trial seems to

have excited much interest, for Bishop Leslie tells us that the

ceremony of the degradation of the priest, previously to his being

handed over to the civil power, took place upon "ane public scaffold

in the toun of Edinburgh," "the King, the Queen, and a great multitude

of people being present." A year or two afterwards we find the

somewhat singular circumstance of a whole list of priests charged with

an act of violence;--"John Roull, prior of Pittenweem; Patrick and

Bartholomew Forman, and six other canons; Mr Alexander Ramsay, rector

of Muckart; Sir John Ramsay, and three other chaplains, and John

Blackadder, parish clerk of Sawling." They were re-pledged to be tried

by their own ecclesiastical court. It appears that, in the course of a

dispute regarding the right to the produce of the land of Pittenweem,

an officer of the court was appointed to reap the crop. When he

repaired to the spot, the sub-prior and an assemblage of followers

threatened him with violence. He found himself placed in a very

curious position, and made an equally curious request. When a

messenger is deforced, those who have used violence are liable to

damages. The messenger on this occasion, being a shrewd and

calculating man, surveyed the forces of his opponents before making a

"return of deforcement." To his mortification he perceived that, to

use an expression of modern origin, "they were not worth powder and

shot." There were none among them "but religious men and priests,

hinds' wives and bairns, which were not responsal to our sovereign

lord gif he had taken deforce." He made a request that they should

"send for Andrew Wood in Pittenweem, John Brown of Anstruther, the

laird of Balcasky, or some other responsal persons, to stop him, so

that he might indorse his deforcement and depart, which they plainly

refused." The request was about as reasonable as if a gentleman,

knocked down by a ragged ruffian, were to ask him to get some

capitalist, able to pay respectable damages, to come and aid in the

operation. The prior, meanwhile, came to the assistance of his

subordinates, and put himself at the head of a truly formidable array:

three hundred men, who "with hagbuts, culverings, cross-bows,

hand-bows, spears, halberts, axes, and swords, came in arrayed battle,

with convocation and ringing of their common bell," and, falling on

the messenger's party, "shot divers pieces of artillery at them." The

ecclesiastical people were removed to their own court, so that we lose

trace of the proceedings against them. Some of the laymen were charged

with the slaughter of the messenger's followers, and others outlawed

for failing to appear.

The same Spartan brevity that characterises the early portions of the

criminal records, sometimes reduces the history of bloody family

feuds, the particulars of which might fill volumes of romance, to the

most tantalising dimensions. They are rather inventoried or enumerated

by head-mark, than even recorded, and generally present no more

satisfactory detail than the following:--

"1554, Oct. 26.--Robert Henry, alias _Deill amang us_,

convicted of art and part of the cruel slaughter of Thomas

Bissate, young laird of Querrel. Beheaded."

"1532, July 3.--Rolland Lindesay, Alan Lokhart of Lee, and

William Mosman, convicted of art and part of the cruel

slaughter of Ralph Weir. Beheaded."

That one of the parties might be a magistrate administering the law,

was no impediment to the prosecution of a feud, but rather served to

give solemnity and importance to the perpetration of some act of

vengeance: thus--

"1527, October 8.--George Ramsay of Clatty, John Betoune of

Balfour, James Betoune Of Melgum, John Grahame of

Claverhouse, and others, found caution to underly the law at

the first Justice Aire of Fife, for convocation of the

lieges, to the number of 80 persons, and in warlike manner

invading John Lord Lindesay, Sheriff of Fife, in the

execution of his office, in a fenced court within the

Tolbooth of Cowper, the doors being shut, and the assize

inclosed; and for breaking up the said doors."

The meagreness of these entries whets one's appetite for some detail

of the stirring and tragical events of which they form the bare

indexes. With the exception of the great Highland feuds, which burned

on so large a scale as to be in a manner historical, the earliest

detailed account of a crime arising in family animosity is connected

with the feud between the Drummonds and the Blairs in the year 1554.

The crime which brought the feud within the notice of the law, was the

murder of George Drummond of Leadcrieff and William his son. The

perpetrators, besides a long list of Blairs, include several other

names still known in the Braes of Perthshire--such as Chalmers,

Butter, Smyth, and Robertson. They were charged with assembling to the

number of eighty, "with jacks, coats of mail, steel bonnets,

lance-staffs, long culverings with lighted lints, and other weapons

invasive." The day on which this tumultuous assembly proceeded to

their work of vengeance was a Sunday, and the place chosen for the

perpetration was the church of Blair. Being apparently afraid of the

number of friends and retainers by whom their victims happened to be

surrounded during the performance of divine worship, it is stated that

they were obliged to postpone their purpose, and that "they passed to

the Laird of Gormok's place, and their dyned with him:" a pretty large

dinner-party, certainly. Leaving spies to watch the enemy's motions,

they were soon afterwards summoned to their task, and their victims

became an easy prey. The occupation of Drummond and his son--when we

remember that it was a Sabbath afternoon--might, perhaps, be scarcely

considered so characteristic of Scottish habits as their

assassination. They were "alane, at their pastime-play, at the

row-bowles, in the high market-gate, beside the kirk of Blair, in

sober manner, trusting na trouble nor harm to have been done to them,

but to have lived under God's peace."

The retribution on the offenders is certainly not the least curious

part of the affair. That eighty armed men should seize, and put to

death, two individuals, either in or out of a church, appears to have

been a matter with which the law and the public were under no

obligation to interfere, if the parties immediately interested could

come to terms. Accordingly, we find on the record some fragments of a

negotiation between the head of the Drummonds and the murderers. Some

of them, among other more substantial offers, agree "to gang, or cause

to gang," the four head pilgrimages of Scotland; to do penance for the

souls of the dead for any reasonable number of years; and, thirdly,

"to do honour to the kin and friends" by kneeling and offering the

handle of a naked sword held by the point. These offers are treated

with some disdain, as too "general and simple" to require an answer. A

further offer of a thousand merks is treated with more attention; but

the kin declare that it is far too small a fine "for the committing of

so high, cruell, and abominable slaughters and mutilations of set

purpose." To heighten the picture, the deed of the murderers is set in

contrast with the peaceable and inoffensive conduct of the deceased,

whose great merit was his "never offending them, neither by drawing of

blood, taking kirks, tacks, steadings, or rooms, over any of their

heads, or their friends'." Thus the murder would have been considered

less unjustifiable, if the victim had ever been concerned in ejecting

his assailants from their holdings, or offering to take them "over

their head:" a doctrine of the sixteenth century in Scotland, which

events of the nineteenth, in other parts of the empire, have made only

too intelligible. The negotiation was not quite successful, for some

of the parties were beheaded. One of them, Chalmers of Drumlochie,

along with an offer to let his son marry Drummond's daughter, and his

cousin marry his sister, "without any tocher,"--an arrangement which

he seems to have thought might be equivalent to "lands, goods, or

money," of none of which was he possessed,--proclaimed himself "ready

to do any other thing quhilk is possible to him, as please my lord and

friends to lay to his charge, except his life and heritage." He bound

himself to Lord Drummond as a personal vassal and follower, by a "band

of man-rent:" an instrument well-known in old Scottish jurisprudence,

and perpetually cropping out in connexion with any historical

events--such as the murder of Rizzio,--in which many persons united

themselves together for the perpetration of a great crime. It was a

curious feature of national character,--the form of law running down

through every thing, even to the very document framed for setting law

at defiance. Chalmers' bond was merely one of general partisanship and

following, and he bound himself to the Drummonds, and their heirs, to

"take their true and one-fold part, in all and sundry their actions

and causes, and ride and gang with them therein upon their expenses,

when they require me or my heirs thereto, against all and sundry

persons, our sovereign lady and the authority of this realm alanerly

excepted. And hereto I bind and oblige me and my heirs to the said

noble and mighty lord and his heirs in the straitest form and sicker

stile of band of manrent that can be devised, no remeid nor exception

of law to be proponed nor alleged in the contrair." It might be no

small consolation to the chief who had lost a vassal to get a slave in

his stead; but the public peace would not be much benefited by this

method of settlement.

Some of the precautions against turbulent offences are not less

curious than this method of dealing with them when they were

committed. An heiress might be compelled to find security, or enter

into recognisances that she shall not give her hand and fortune to an

outlaw or scapegrace. Thus, on the 13th of September 1563, Mariene

Carruthers, being "ane of the twa heretrixes of Moweswald," produced

two landed proprietors who became bound that she "shall not mary ane

chief traiter nor other broken man of the country, nor join herself

with any sic person, under the pain of ane thousand pounds."

Whatever it may have been in England, there was little divinity

hedging a Scottish king of the sixteenth century. Perhaps, as a rich

peer and a poor peer are very different things in popular estimation,

though equal in the Lord Chamberlain's list of precedence, so it may

have been with kings. The Scottish king was poor, ill-housed,

parsimoniously served, meagerly guarded. His pulse might beat with the

blood of a hundred monarchs; but the far-stretching palaces, the long

gorgeous trains of attendants, the wealth at command, were wanting,

and divine right was but a theory, that could neither give parasites

rich offices, nor dazzle the eyes of worshippers. Thus it happens

that, side by side with the most magnificent theoretical assumptions

of regal prerogative, stand the most ludicrous instances of the

crown's weakness and smallness. On the 11th July 1526, Robert Bruce of

Airth and others are respited for having committed a highway robbery

on his Majesty's artillery--"for art and part of the stouthrief of

certain manganels and artillery coming from the castle of Stirling to

the king's Majesty, at his burgh of Edinburgh, for the defence of his

person; and for art and part of the stouthrief of the king's letters

from his officers, and laying violent hands on them." We have not far

to wander for like instances, making the monarch a simple human being,

against whom one commits, not the majestic crime of high treason, but

the vulgar offences of theft and robbery. Thus, in the very next

entry, we find "Walter Drummond acquitted by an assize of art and part

of the theft and concealment of the king's crown from his crown-room,

with the precious stones therein contained, forth of the palace and

monastery of Holyrood."

Every petty laird dined and slept within the walls of his thick square

tower; isolated by moat or precipice, by long dark passages and iron

grated door. In an age when individuals thus protected themselves, it

naturally astonishes one to observe how accessible the royal person

generally appears to have been--how slightly protected from contact

with the people, how easily approached by the assassin. One man was

able to remove all the impediments which stood in the way of the

Highland band who slew James I. at Perth. The murder of Rizzio, with

all its circumstances of cool premeditation, and calm, steady, bitter

insult, need not be recalled to the reader, among the other incidents,

which show how thin a partition separated the sovereign from rude

violence. The various forms in which that turbulent and most

pertinacious of rebels, Francis Earl of Bothwell, assailed King James,

are fraught with a ludicrous versatility in the art of haunting and

tormenting a king. The official act of forfeiture characterised it as

"invading, assieging, and persuing of his Majesty's most noble person,

by fire and sword, breaking up his chalmer doors with fore hammers,

and cruelly slaying his Highness' servants coming to his Majesty's

rescue." "Ane treason and cruelty," continues the indignant document,

"not heard nor seen committed by subjects so highly obliged to their

native king and prince." The contemporary chronicler, Birrel,

characterised the outrage as "a stoure," which the rebel created by

striking "with ane hammer at his Majesty's chamber door." In his more

renowned and successful attempt, the pathway to the person of royalty

was so completely cleared for him by a courageous female, the Duchess

of Athole, whose house was next door to the palace, that the weapons

of the guard were removed; the queen's bed-room, to which the

beleaguered monarch might have fled, was locked; and the prime

conspirator and his assistant were comfortably lodged behind the arras

of the ante-room to the king's sleeping apartment. What might not a

boy Jones have accomplished in those days? Should we, however, pursue

this subject further, we would be trespassing on that ground of

established history which it is our desire on the present occasion to

avoid.

Blackwood's Edinburgh Magazine, Volume 63, No. 389, March 1848 · 第 23 / 42 题