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page 299

WILLIAM, third Earl, had considerable trouble in making good his title to the family inheritance; and before his difficulties with the Crown were removed he was killed, along with the King and the flower of the Scottish nobility, on the fatal field of Flodden, 9th of September, 1513. His son GEORGE, fourth Earl, inherited not only the titles and estates of the family, along with their ability and courage, but also some other qualities which appear to have 'run in the blood' of the Rothes Leslies. He filled various high offices of State, among others that of ambassador to Denmark, in 1550, and was one of eight Commissioners elected by the Estates to represent the Scottish nation at the marriage of Queen Mary to the Dauphin, at Paris, April 24, 1558. On their way home the Earls of Rothes and Cassillis, and Bishop Reid, President of the Court of Session, died at Dieppe all in one night, and Lord Fleming died about the same time at Paris. It was universally believed at the time that the Commissioners had been poisoned because they had firmly refused to settle on the Dauphin the crown matrimonial of Scotland, or to promise that on their return to their own country they would endeavour to effect that object. Earl George was five times married. His first wife, Margaret Crichton, was a niece of James IV., who inherited the passions and misfortunes of her lineage. During her husband's absence as ambassador at the Court of Denmark, she had an intrigue with Patrick Panter, Abbot of Cambuskenneth, Secretary of State, one of the most learned men of his age, and bore to him a son, who ultimately became Bishop of Ross. On the 27th of December, 1580, the Earl obtained a divorce in the Consistory Court, not, however, on the ground of his wife's unfaithfulness to him, but the marriage was declared null and void from the first, on the plea that the Earl confessed to having illicit intercourse before his marriage with Matilda Striveling, who was related to Margaret Crichton in the second and third degree of consanguinity, thus making the Earl and Margaret related to each other in the same degrees of affinity, and rendering their marriage incestuous and illegal according to existing law. This remarkable proceeding, connected as it is with 'one of the strangest and darkest stories to be found in Scottish family history,' throws a flood of light on the state of morals at that period among the upper classes in Scotland through the operation of the law of marriage and divorce instituted by the Papal Court.




Subject:The feud of December 11, 1601 in Carrick. Contributed by Walter Farwell  farwellwalter@hotmail.com

WHAT HAPPENED: (From the Register of the Privy Council of Scotland. Vol. VI (1599 - 1604), page 349. Dated 1602.).--The men of the Fifth Earl of Cassillis, John Kennedy (1575 - 1615), on December 11, 1601, who are listed below, ".....came out of the town of Mayboill and "lay at await for umquhile Gilbert Kennedy of Bargany, his freindis and servandis, as thay wer comeing the hie way fra the burgh of Air towardis the said Lairdis awne duelling hous, and invadit and persewit thame of thair lyffis, schot and dischairgit a nowmer of hacquebuttis and pistolettis at thame, quhairwith sindrie of the said Laird of Barganyis cumpany were hurt and woundit, and at that same tyme thay schamefullie, cruellie, and unmercifullie slew the said umquhile Gilbert Kennedy of Bargany."

WHY DID THE EARL OF CASSILIS DO THIS?.--The Earl, before the Lords of Secret Council, cited two commissions:

(1).--Page 349 of the Register of the Privy Concil of Scotland, Volume 6: "The one, dated 9th July 1601, against Blaquhane, younger, Gervenmains, Hew Kennedy of Bennan, Thomas, his brother, and Walter Mure of Cloncard,--whose names were inserted in the said commission by the King's own hand, "KNAWING THAIR MISDEIDIS,"--authorising the said Earl to convocate the lieges and pursue with fire and sword the said persons and to wear hagbuts and pistolets to that effect.."

(2). Page 349 of the same Register: "The other commission, dated 21st July 1601, giving power to the said Earl to apprehend Robert Gordoun of Barnerine, Alexander Gordoun of the Hillis, Williame McNeilie, Alexander McKie of Balseir, and Thomas Kennedy of Drummurchy, as suspected guilty of murder and reset of theft..."

PLACE OF RESIDENCE FOR THOSE INVOLVED ON December 11, 1601, in behalf of the Earl of Cassilis:
Auchinhervie, Barbiston, Bargenoch, Barlach, Barnford, Barsalloch, Bateston, Battlewand, Blairbony, Burnmouth, Burnton, Craigincroy, Crawfordston, Dalrymple, Dalrymplehome, Dangar, Drimbane, Drumbeg, Drumgoblis, Drumoir, Garrihorn, Giltryhill, Gimerston, Gruemet, Halfmerkland, Hoilhouse, Jameston, Kelwood, Kersanson, Kingmarloch, Ladyburne, Lairgs, Lochspallendery, Malcolmston, Minieboyle, Mocharumhill, Mossend, Pennyglen, Penquhirry, Silliehole, Smithston, Thraif, Turnberry, Woodland

PERSONS WHO WERE INVOLVED IN THE PARTY OF JOHN KENNEDY, (1575 - 1615), 5th Earl of Cassillis. "....All the said Earl's men, tenants, and servants, with convocation of the lieges, to the number of __?__ hundred, all armed with jacks, steelbonnets, corslets, and lances, and with hagbuts and pistolets...." (Register of the Privy Council of Scotland, Vol. 7 (1599 - 1604), Vol. 6, page 349, dated 1602).

1.--______, Patrick; in Barlach
2.--______, James
3. Ahanney, John; in Carsingbune
4.--Baird, James, flesher; in Mynyboil
5.--Baird, Oliver; of Culleinzie
6.--Baxter, Alexander; porter
7.--Bell, John; in McColmestoun
8.--Betoun, Hew, drummer; in Mynyboil
9.--Blair, John, servitor to Andro Cunningham; in Mynyboil
10.--Boyd, Mr. William
11.--Brill, Thomas; in Drumoir
12.--Bryce, Nicoll; in Brunetown
13.--Calderwode, John; in Gumerstoun
14.--Campbell, David; in Drumoir
15.--Campbell, John; in Barnefurd
16.--Campbell, William; in Brae of Dalrumple
17.--Cassillis, John; Earl of
18.--Cathcairt, David
19.--Cauldwell, Andrew, hagbutter; in Drimbane
20.--Chalmers, John; in Drimbane
21.--Chalmers, Robert; in Turneberry
22.--Cochrane, Andro; in Mynyboil
23.--Cochrane, John, merchant; in Barlach
24.--Cokburne, Mr. Christall
25.--Corrie, John; of Kelwood
26.--Corry, James; in Bray of Dalrumple
27.--Craufurd, David, servitor to the Earl
28.--Craufurd, Quintene
29.--Craufurd, Quintene, younger; of Sillieholl
30.--Cunningham, Andro (Paterson's "Carrick", page 58, speaks of one "Row Cunningham".)
31.--Cunningham, Robert; in Bateistown
32.--Cunningham, William (Pateron's "Carrick", page 56, adds this name to the list of the men with Cassilis.Called "Pockquhairne's brother".)
33, 34.--Davidsoun, James; in Burnemoith. Also his son John
35.--Davidsoun, John; in Drumoir
36.--Davidsoun, John; of Pennyglen
37.--Davidson, William, merchant; in Mynyboil
38.--Denady, Duncan, merchant; in Barlach
39.--Dick, John; of Barbesburie
40, 41.--Dick, Thomas; in Craufurdstown; also his son John
42.--Duncan, John, merchant; in Mynyboil
43.--Dunlope, James; in Jamestoun
44.--Dunsyth, John; in Dalrumple
45.--Ecclis, John, tailor; in Mynyboil
46, 47.--Egilsem, John; in Turneberry. Also his son William.
48.--Fary, George; in Kirkjardone
49.--Ferguson, George; of Thraif
50.--Ferguson, Patrick, horner; in Mynyboil
51.--Fleming, William
52.--Forbes, Alexander; in Mynyboil
53.--Foster, John, Captain. (For more on this man, see 54.--Paterson's "Carrick", page 58.)
54, 55.--Fulton, John; in Bargennoch. Also his brother David Fulton
56.--Fulton, John; in Giltryhill
57.--Fulton, John; in Mosend
58.--Fulton, Robert; in Giltryhill
59.--Fulton, Thomas; in Giltriehill
60.--Gibson, George, mason; in Mynyboil
61.--Gibson, Thomas, smith; in Mynyboil
62.--Girven, David
63.--Girven, John; in Mochrumhill
64.--Gray, David, servitor to Patrik Rippett; in Mynyboil
65.--Gray, Hew; in Mynyboil
66.--Gray, Thomas; in Drumoir
67.--Gritrig, James, flesher; in Mynyboil
68.--Gritrig, John, flesher; in Mynyboil
69.--Hamilton, Hew, maltman; in Drumoir
70.--Hamilton, John (son of Matthew); in Drumbeg
71.--Harlaw, William; hagbutter
72.--Hendersoun, Gilbert; in Drumoir
73.--Hog, John, servitor to Richard Spens; in Mynyboil
74.--Home, Andro; in Ladybrune
75.--Huchesoun, Patrick, merchant; in Barlach
76.--Huntar, Henry; in Halfmerkland
77.--Huntar, William; of Dalrumpleholme
78.--Johnstoune, John, merchant; in Barlach
79.--Kennedy, Anthony, younger; of Barsalloch
80.--Kennedy, Arthur
81.--Kennedy, Gilbert (son of Duncan Kennedy), merchant; in Mynyboil
82.--Kennedy, Hew; of Dangar
83, 84.--Kennedy, Hew; in Drumoir. Also his brother Jim Kennedy
85.--Kennedy, Hew; of Garryhorne (called the Goodman of Balloch)
86.--Kennedy, Hew; of Penquhirry
87.--Kennedy, James; in Dalrumple
88.--Kennedy, James; in Lochspallendery
89.--Kennedy, John, notary; in Barlach
90.--Kennedy, John; of Smetoun
91.--Kennedy, Thomas
92.--Kennedy, William; of Turneberry
93.--Logane, Donald; in Drumoir
94.--Logie, John, tailor; in Mynyboil
95.--Malcolm, John; in Blairbony
96.--MacAlexander, David, cordiner; in Mynyboil
97.--MacCallone, Archibald, wright; in Mynyboil
98.--MacCary, John; of Cassillis
99.--MacCharray, James, officer; in Mynyboil
100.--MacCland, William
101.--MacClerie, John, tailor; in Mynyboil
102.--MacColme, John, merchant; in Barlach
103.--MacColme, John; in MacColmestoun
104, 105, 106.--MacGerrow; John; in Hoilhous. Also his son Robert MacGrew and his son Robert MacGerrow
107.--MacGowne, Mathew, merchant; in Barlach
108.--MacGraine, James, falconer; in Mynyboil
109.--MacGraine, John; officer; in Mynyboil
110.--MacGrane, John; in Lairgis
111.--MacGrane, John; in Lairgis
112.--MacGreane, Henry; in Carsingbune ("Kersanson")
113.--MacGuffok, Gilbert, servitor to Kew Kennedy of Penquhirry
114, 115.--MacIlmond, David; in Mynyboil. Also his son Daniel
116.--MacIlmune, John; in Auchinhervie
117.--MacIlweane, David, flesher; in Mayboll
118.--MacIlweane, Gilbert, flesher; in Mynyboil
119.--MacIlveane, John, younger; of Gremmat. (Paterson's "Carrick", page 58, speaks of the "young Laird of Grimak".)
120.--MacIlveane, Patrick, elder; of Gremmat
121.--MacIlwraith, Andro; in Mynyboil
122.--MacJerrow, John; in Drumoir
123.--MacKewry, Thomas; in Drumoir
124.--MacMurrary, James, flesher; in Mynyboil
125.--MacMurray, John, cordiner; in Mynyboil
126.--MacNydir, Alexander; in Drumoir
127.--MacQuhorter, David; in Batlewand
128.--MacRae, John, tailor; in Mynyboil
129.--MacRicher, John, cordiner; in Mynyboil
130, 131, 132.--MacRicher, John, tailor; in Mynyboil. And his sons William and Gilbert
133.--MacRichie, Thomas; in Dalrumple
134.--MacSkynnone, Gilbert, cordiner; in Mynyboil
135.--MacWalter, Thomas; in Barloch
136.--MacWalter, Thomas, merchant; in Barlach
137.--Montgomery, Gilbert; in Lairgis
138.--Moreis, Andro; in Dalrumple
139.--Moreis, Patrik; in Dalrumple
140, 141.--Mortoun, Thomas; in Cassillis. Also his brother John.
142.--Mure, David, tailor; in Barlach
143.--Mure, James, of Barlach
144.--Mure, John, cordiner; in Barlach
145.--Mure, John at the Well; in Mynyboil
146.--Mure, John; of Kingmarlock
147.--Mure, John, merchant; in Mynyboil
148.--Mure, John; of Wodland
149.--Mure, Thomas; in Barlach
150.--Mure, William, tailor; in Mynyboil
151, 152.--Myllar, John, sword-slipper; in Mynyboil. Also his son Robert.
153.--Pinango, Hew. (For more on this man, see Paterson's "Carrick", page 56. Auchindraine took him prisoner at the bridge of Doon.)
154.--Rae, Charles, tailor; in Mynyboil
155.--Ramsay, Hector, cordiner; in Mynyboil
156.--Ramsay, John; in Lairgis
157.--Reidpeth, Patrik
158.--Richard, James; in Mynyboil
159.--Ross, Oliver, notary; in Barlach
160.--Rowane, Robert, merchant; in Barlach
161.--Schaw, Alexander, tutor of Gremmat
162.--Slowane, Michael, cordiner; in Mynyboil
163.--Smythe, John, younger; in Cassillis
164.--Smythe, John; in Dalrumpleholme
165.--Smyth, John; in Drumgoblis
166.--Spence, Richard: Paterson's "Carrick", page 58, says Richard Spense, "Maister houshold to the Lord", was slain on Dec. 11, 1601.
167.--Stewart, Umphra, flesher; in Mynyboil
168.--Strowane, Fergus; in Drumoir
169.--Sym, James, saddler; in Mayboll
170.--Tod, Quinten; in Cassillis
171.--Walker, Hew, merchant; in Mynyboil
172.--Wallace, John, smith; in Mynyboil
173.--Wilson, George; in Mynyboil
174.--Wod, Thomas; in Craigincroy
175.--Wode, Thomas; in Cassillis
176.--Young, John; in Mynyboil

ANSWER BY SIR GEORGE HOME OF SPOT, TREASURER, AND MR. THOMAS HAMMILTOUN, KING'S ADVOCATE, FOR HIS MAJESTY' S INTEREST.--From page 349 of the Register of the Privy Council of Scotland. Volume VI (1599 - 1604), page 349:

As to the first commission:".....Quhairunto it wes answerit be the said Mr. Thomas Hammiltoun that the said first commission can be na warrand nor authoritie to the said Earle,becaus that, lang befoir the committing of the crymes abonewritin quhairupoun he is now accusit, the same commissioun wes dischairgit be his Majestie for the haill personis thairin contenit except young Blairquhane, and lauchful intimatioun and publicatioun wes maid to the said Erle of the said discharge lang befoir the said tyme, viz., in the moneth of August last bipast; quhilk the said Advocat referrit to the said Erlis aith."

As to the second commission: (Page 350).--"....And, as to the last commissioun, it wes answerit be the said Advocat that the same can be na sufficient warrand to the said Erle, becaus the same commisioun wes not deulie registrat aganis the said Thomas Kennedy of Drummurchy, bot his name insert thairin lang efter the same wes past the register and signet, and thair wes na powar nor licence contenit in the said last commissioun for beiring and weiring of hacquebuttis and pistolettis. And, seing his Majesteis register is the reull be the quhilk the said commissioun sould have bene directit, the same can be no warrand to the said Earl...."

THE VERDICT of the LORDS OF SECRET COUNCIL: "..It finds the two commissions abovewritten to be good and effectual, and therefore assoilzie simpliciter the said defenders from the part of the dittay touching the convocation of the lieges, the bearing of fire-arms, and breaking of the King's peace....."

N.B.: It has been written that it was not until the King of Scotland also became King James I of England that he had the power to enforce laws forbidding feuding between the various families in Scotland.--W.F.






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