Chapter XI: A.d. 1624-1636 (2)

Sir Robert Gordon happening to arrive at Edinburgh from England, shortly after Lord Lorn’s visit to Edinburgh, in the year 1634, learned the object of his mission, and the success which had attended it. He, therefore, being an eye-witness of every thing which had taken place at Dornoch respecting the trial, condemnation, and execution of Lord Lorn’s dependents, informed the lords of the council of all the proceedings, which proceeding on his part had the effect of preventing Lord Lorn from going on with his prosecution against the Earl of Sutherland. He, however, proceeded to summon Hutcheon Ross; but the earl, Sir Robert Gordon, Lord Reay, and all the gentlemen who were present at the trial at Dornoch, signed and sent a letter to the lords of the council, giving a detail of the whole circumstances of the case, and along with this letter he sent a copy of the proceedings, attested by the sheriff clerk of Sutherland, to be laid before the council on the day appointed for Ross’s appearance. After the matter had been fully debated in council, the conduct of the Earl of Sutherland and Hutcheon Ross was approved of, and the commission to the earl of Sutherland again renewed, and Lord Lorn was taken bound, that, in time coming, the counties of Sutherland and Ross should be kept harmless from the clan Mhic-Iain-Dhuinn. The council, moreover, decided, that, as the Earl of Sutherland had the rights of regality and sheriffship within himself, and as he was appointed to administer justice within his own bounds, therefore he was not obliged to send criminals, though islanders, to Lord Lorn or to his deputies. This decision had the effect of relieving Sutherland and Ross from farther incursions on the part of Lord Lorn’s followers.[229]

The disaster at Frendraught had made an impression upon the mind of the Marquis of Huntly, which nothing could efface, and he could never be persuaded that the fire had not originated with the proprietor of the mansion himself. He made many unsuccessful attempts to discover the incendiaries, and on the arrival of King Charles at Edinburgh, in the year 1633, the marquis made preparations for paying a personal visit to the king, for the purpose of imploring him to order an investigation into all the circumstances attending the fire, so as to lead to a discovery of the criminals. Falling sick, however, on his journey, and unable to proceed to Edinburgh, he sent forward his marchioness, who was accompanied by Lady Aboyne and other females of rank, all clothed in deep mourning, to lay a statement of the case before his majesty, and to solicit the royal interference. The king received the marchioness and her attendants most graciously, comforted them as far as words could, and promised to see justice done.

After the king’s departure from Scotland, the marchioness and Lady Aboyne, both of whom still remained in Edinburgh, determining to see his majesty’s promise implemented, prevailed upon the Privy Council to bring John Meldrum of Reidhill to trial, the result being as recorded above. A domestic servant of Frendraught named Tosh, who was suspected of having been concerned in the fire, was afterwards put to the torture, for the purpose of extorting a confession of guilt from him; but he confessed nothing, and was therefore liberated from prison.

The condemnation and execution of Meldrum, in place of abating, appear to have increased the odium of Frendraught’s enemies. The Highlanders of his neighbourhood, as well as the Gordons, considering his property to be fair game, made frequent incursions upon his lands, and carried off cattle and goods. In 1633 and 1634 Adam Gordon of Strathdoun, with a few of his friends and some outlaws, made incursions upon Frendraught’s lands, wasted them, and endeavoured to carry off a quantity of goods and cattle. Frendraught, however, heading some of his tenants, pursued them, secured the booty, and captured some of the party, whom he hanged.

On another occasion, about 600 Highlanders, belonging to the clan Gregor, clan Cameron, and other tribes, appeared near Frendraught, and openly declared that they had come to join Adam Gordon of Park, John Gordon of Invermarkie, and the other friends of the late Gordon of Rothiemay, for the purpose of revenging his death. When Frendraught heard of the irruption of this body, he immediately collected about 200 foot, and 140 horsemen, and went in quest of these intruders; but being scattered through the country, they could make no resistance, and every man provided for his own safety by flight.

To put an end to these annoyances, Frendraught got these marauders declared outlaws, and the lords of the Privy Council wrote to the Marquis of Huntly, desiring him to repress the disorders of those of his surname, and failing his doing so, that they would consider him the author of them. The marquis returned an answer to this communication, stating, that as the aggressors were neither his tenants nor servants, he could in no shape be answerable for them,--that he had neither countenanced nor incited them, and that he had no warrant to pursue or prosecute them.

The refusal of the marquis to obey the orders of the Privy Council, emboldened the denounced party to renew their acts of spoliation and robbery. They no longer confined their depredations to Frendraught and his tenants, but extended them to the property of the ministers who lived upon Frendraught’s lands. In this course of life, they were joined by some of the young men of the principal families of the Gordons in Strathbogie, to the number of 40 horsemen, and 60 foot, and to encourage them in their designs against Frendraught, the lady of Rothiemay gave them the castle of Rothiemay, which they fortified, and from which they made daily sallies upon Frendraught’s possessions; burned his corn, laid waste his lands, and killed some of his people. Frendraught opposed them for some time; but being satisfied that such proceedings taking place almost under the very eyes of the Marquis of Huntly, must necessarily be done with his concurrence he went to Edinburgh, and entered a complaint against the marquis to the Privy Council. During Frendraught’s absence, his tenants were expelled by the Gordons from their possessions, without opposition.[230]

When the king heard of these lawless proceedings, and of the refusal of the marquis to interfere, he ordered the lords of the Privy Council to adopt measures for suppressing them; preparatory to which they cited the marquis, in the beginning of the following year, to appear before them to answer for these oppressions. He accordingly went to Edinburgh in the month of February, 1635, where he was commanded to remain till the matter should be investigated. The heads of the families whose sons had joined the outlaws also appeared, and, after examination, Letterfourie, Park, Tilliangus, Terrisoule, Invermarkie, Tulloch, Ardlogy, and several other persons of the surname of Gordon, were committed to prison, until their sons, who had engaged in the combination against Frendraught, should be presented before the council. The prisoners, who denied being accessory thereto, then petitioned to be set at liberty, a request which was complied with on condition that they should either produce the rebels, as the pillagers were called, or make them leave the kingdom. The marquis, although nothing could be proved against him, was obliged to find caution that all persons of the surname of Gordon within his bounds should keep the peace; and that he should be answerable in all time coming for any damage which should befall the laird of Frendraught, or his lands, by whatever violent means; and also that he should present the rebels at Edinburgh, that justice might be satisfied, or make them leave the kingdom.

The Marquis of Huntly, thereupon, returned to the north, and the rebels hearing of the obligation he had come under, immediately dispersed themselves. The greater part of them fled into Flanders, and about twelve of them were apprehended by the marquis, and sent by him to Edinburgh. John Gordon, who lived at Woodhead of Rothiemay, and another, were executed. Of the remaining two, James Gordon, son of George Gordon in Auchterless, and William Ross, son of John Ross of Ballivet, the former was acquitted by the jury, and the latter was imprisoned in the jail of Edinburgh for future trial, having been a ringleader of the party. In apprehending these twelve persons, James Gordon, son of Adam Gordon of Strathdoun, was killed, and to show the Privy Council how diligent the marquis had been in fulfilling his obligation, his head was sent to Edinburgh along with the prisoners.

The activity with which the marquis pursued the oppressors of Frendraught, brought him afterwards into some trouble. Adam Gordon, one of the principal ringleaders of the confederacy, and second son of Sir Adam Gordon of the Park, thinking it “hard to be baneishit out of his native country, resoluit to cum home” and throw himself on the king’s mercy. For this purpose he made a private communication to the Archbishop of St. Andrews, then chancellor of Scotland, in which he offered to submit himself to the king’s pleasure, promising, that if his majesty would grant him a pardon, he would reveal the author of the rebellion. The archbishop, eager, it would appear, to fulfil the ends of justice, readily entered into Gordon’s views, and sent a special messenger to London to the king, who at once granted Adam a pardon. On receiving the pardon, Gordon accused the Marquis of Huntly as the author of the conspiracy against Frendraught, and with having instigated him and his associates to commit all the depredations which had taken place. The king, thereupon, sent a commission to Scotland, appointing a select number of the lords of the Privy Council to examine into the affair.

As Adam Gordon had charged James Gordon of Letterfourie, with having employed him and his associates, in name of the marquis, against the laird of Frendraught, Letterfourie was cited to appear at Edinburgh for trial. On being confronted with Adam Gordon, he denied everything laid to his charge, but, notwithstanding this denial, he was committed a prisoner to the jail of Edinburgh. The marquis himself, who had also appeared at Edinburgh on the appointed day, January 15th, 1636, was likewise confronted with Adam Gordon before the committee of the Privy Council; but although he denied Adam’s accusation, and “cleared himself with great dexteritie, beyond admiration,” as Gordon of Sallagh observes, he was, “upon presumption,” committed a close prisoner to the castle of Edinburgh.

When his majesty was made acquainted with these circumstances by the commissioners, and that there was no proof to establish the charge against the marquis, both the marquis and Gordon of Letterfourie were released by his command, on giving security for indemnifying the laird of Frendraught for any damage he might sustain in time coming, from the Gordons and their accomplices. Having so far succeeded in annoying the marquis, Adam Gordon, after collecting a body of men, by leave of the Privy Council, went along with them to Germany, where he became a captain in the regiment of Colonel George Leslie. To terminate the unhappy differences between the marquis and Frendraught, the king enjoined Sir Robert Gordon, who was related to both,--the marquis being his cousin-german, and chief of that family, and Frendraught the husband of his niece,--to endeavour to bring about a reconciliation between them. Sir Robert, accordingly, on his return to Scotland, prevailed upon the parties to enter into a submission, by which they agreed to refer all questions and differences between them to the arbitrament of friends; but before the submission was brought to a final conclusion, the marquis expired at Dundee on the 13th June, (15th according to Gordon), 1636, at the age of seventy-four, while returning to the north from Edinburgh. He was interred in the family vault at Elgin, on the thirtieth day of August following, “having,” says Spalding, “above his chist a rich mort-cloath of black velvet, wherein was wrought two whyte crosses. He had torchlights in great number carried be freinds and gentlemen; the marques’ son, called Adam, was at his head, the earle of Murray on the right spaik, the earle of Seaforth on the left spaik, the earle of Sutherland on the third spaik, and Sir Robert Gordon on the fourth spaik. Besyds thir nobles, many barrons and gentlemen was there, haveing above three hundred lighted torches at the lifting. He is carried to the east port, doun the wynd to the south kirk stile of the colledge kirk, in at the south kirk door, and buried in his own isle with much murning and lamentation. The like forme of burriall, with torch light, was not sein heir thir many dayes befor.”[231]

The marquis was a remarkable man for the age in which he lived, and there are no characters in that eventful period of Scottish history so well entitled to veneration and esteem. A lover of justice, he never attempted to aggrandize his vast possessions at the expense of his less powerful neighbours; a kind and humane superior and landlord, he exercised a lenient sway over his numerous vassals and tenants, who repaid his kindness by sincere attachment to his person and family. Endowed with great strength of mind, invincible courage, and consummate prudence, he surmounted the numerous difficulties with which he was surrounded, and lived to see the many factions which had conspired against him discomfited and dissolved. While his constant and undeviating attachment to the religion of his forefathers, raised up many enemies against him among the professors of the reformed doctrines, by whose cabals he was at one time obliged to leave the kingdom, his great power and influence were assailed by another formidable class of opponents among the turbulent nobility, who were grieved to see a man who had not imitated their venality and rapacity, not only retain his predominance in the north, but also receive especial marks of his sovereign’s regard. But skilful and intriguing as they were in all the dark and sinister ways of an age distinguished for its base and wicked practices, their machinations were frustrated by the discernment and honesty of George Gordon, the first Marquis of Huntly.

FOOTNOTES:

[211] Spalding says that the party were commanded by Lauchlan Macintosh, _alias_ Lauchlan Og, uncle of the young chief, and Lauchlan Macintosh or Lauchlan Angus-son, eldest son of Angus Macintosh, _alias_ Angus William, son of Auld Tirlie.--_Memorialls of the Trubles in Scotland and in England_, A.D. 1624-1645.

[212] _Memorials_, vol. i. p. 8.

[213] Founder of the house of Culloden, and great-grandfather of the celebrated Lord President Forbes.

[214] _Vide_ the petition of Provost Forbes to the king, “in the name of the inhabitants” of Inverness; printed among the Culloden Papers, No. 5, p. 4.

[215] Sir R. Gordon, p. 397, et seq.

[216] A considerable number of gentlemen, chiefly from Ross, Sutherland, and Caithness, joined Mackay, some of whom rose to high rank in the army of Gustavus Adolphus. Among these were Robert Monroe of Foulis, and his brother, Hector; Thomas Mackenzie, brother of the Earl of Seaforth; John Monroe of Obisdell, and his brother Robert; John Monroe of Assynt, and others of that surname; Hugh Ross of Priesthill; David Ross and Nicolas Ross, sons of Alexander Ross of Invercharron; Hugh Gordon, son of Adam Gordon of Culkour; John Gordon, son of John Gordon of Garty; Adam Gordon and John Gordon, sons of Adam Gordon George-son; Ive Mackay, William, son of Donald Mackay of Scourie; William Gun, son of John Gun Rob-son; John Sinclair, bastard son of the earl of Caithness; Francis Sinclair, son of James Sinclair of Murkle; John Innes, son of William Innes of Sanset; John Gun, son of William Gun in Golspie-Kirktown; and George Gun, son of Alexander Gun Rob-son.

[217] Sir R. Gordon, p. 401, et seq.

[218] _History_, p. 416.

[219] Spalding says that Frendraught was “ordained to pay to the lady, relict of Rothiemay, and the bairns, fiftie thousand merks, in composition of the slaughter.”

[220] Sir R. Gordon, p. 416, _et seq._ Spalding, p. 14.

[221] Sir R. Gordon (p. 419) spells this _Couland_ and _Coudland_.

[222] Sir R. Gordon, p. 241.--Spalding, p. 13, et seq.

[223] Spalding, p. 24.

[224] “Johne Meldrum haifing convocat to himselff certane brokin men, all fugitiues and rebellis, his complices and associattis, upone the aucht day of October, the yeir of God jai vic and threttie yeiris under silence and clud of nicht, betwix twelff hours at nycht and twa eftir mydnycht, come to the place of Frendraucht, and supponeing and certanely persuading himselff that the said James Creichtoun of Frendraucht wes lying within the tour of Frendraucht, quhilk was the only strenth and strongest pairt of the said place, the said Johne Meldrum, with his saidis complices, in maist tresonabill and feirfull maner, haifing brocht with thame ane hudge quantitie of powder, pik, brumstone, flax, and uther combustabill matter provydit be thame for the purpois, pat and convoyit the samyn in and throw the slittis and stones of the volt of the said grit tour of Frendraucht, weill knawin and foirseine be the said Johne Meldrum, quha with his complices at that instant tyme fyret the samyn pik, powder, brumstone, flax, and uther combustable matter above writtin, at dyuerse places of the said volt; quhilk being sua fyret and kindlet, did violentlie flie to ane hoill in the heid of the said volt and tak vent thairat, the whilk hoill of the said volt and vent thairof being perfytlie knawin to the said John Meldrum, be reasone he had remained in houshald with the said laird of Frendraucht, as his douiefull servand, within the said hous and place of Frendraucht for ane lang tyme of befoir, and knew and was previe to all the secreitis of the said house. And the said volt being sua fyret, the haill tour and houssis quhairof immediately thaireftir, being foure hous hight, in les space than ane hour tuik fyre in the deid hour of the night, and was in maist tresonabill, horrible, and lamentable maner brunt, blawin up, and consumet.”--Spalding’s _Memorialls_, Appendix, vol. i. p. 390.

[225] A ballad is still sung in the district around Frendraught, which, says Motherwell, “has a high degree of poetic merit, and probably was written at the time by an eye-witness of the event which it records.” We give a few verses from the version in Motherwell’s _Minstrelsy_, as quoted in the Appendix to Spalding, vol. i. p. 409.

“The eighteenth of October,
A dismal tale to hear,
How good Lord John and Rothiemay
Was both burnt in the fire.

They had not long cast off their cloaths,
And were but now asleep--
When the weary smoke began to rise,
Likewise the scorching heat.

‘O waken, waken, Rothiemay,
O waken, brother dear,
And turn you to our Saviour,
There is strong treason here.’

He did him to the wire-window
As fast as he could gang--
Says--‘Wae to the hands put in the stancheons,
For out we’ll never win.’

Cried--‘Mercy, mercy, Lady Frendraught,
Will ye not sink with sin?
For first your husband killed my father,
And now you burn his son.’

O then out spoke her, Lady Frendraught,
And loudly did she cry--
‘It were great pity for good Lord John,
But none for Rothiemay.
But the keys are casten in the deep draw well,
Ye cannot get away.’

While he stood in this dreadful plight,
Most piteous to be seen,
There called out his servant Gordon,
As he had frantic been.

‘O loup, O loup, my dear master,
O loup and come to me;
I’ll catch you in my arms two,
One foot I will not flee.’

‘But I cannot loup, I cannot come,
I cannot win to thee;
My head’s fast in the wire-window,
My feet burning from me.

‘Take here the rings from my white fingers,
That are so long and small,
And give them to my Lady fair,
Where she sits in her hall.

‘So I cannot loup, I cannot come,
I cannot loup to thee--
My earthly part is all consumed,
My spirit but speaks to thee.’

Wringing her hands, tearing her hair,
His Lady she was seen,
And thus addressed his servant Gordon,
Where he stood on the green.

‘O wae be to you, George Gordon,
An ill death may you die,
So safe and sound as you stand there,
And my Lord bereaved from me.’

‘I bade him loup, I bade him come,
I bade him loup to me,
I’d catch him in my arms two,
A foot I should not flee.’

And aft she cried, ‘Ohon! alas, alas,
A sair heart’s ill to win;
I wan a sair heart when I married him,
And the day it’s well return’d again.’”

[226] Spalding, vol. i. p. 29.

[227] The “Common Band” or “General Band,” was the name given in popular speech to an Act of the Scottish Parliament of the year 1587, which was passed with the view of maintaining good order, both on the Borders and in the Highlands and Isles. The plan on which this Act chiefly proceeded was, “To make it imperative on all landlords, bailies, and chiefs of clans, to find sureties to a large amount, proportioned to their wealth and the number of their vassals or clansmen, for the peaceable and orderly behaviour of those under them. It was provided, that, if a superior, after having found the required sureties, should fail to make immediate reparation of any injuries committed by persons for whom he was bound to answer, the injured party might proceed at law against the sureties for the amount of the damage sustained. Besides being compelled, in such cases, to reimburse his sureties, the superior was to incur a heavy fine to the Crown. This important statute likewise contained many useful provisions for facilitating the administration of justice in these rude districts.”--Spalding’s _Memorialls_, vol. i. p. 3, (note). Gregory’s _Western Highlands_, p. 237.

[228] _Continuation of the History of the Earls of Sutherland_, by Gilbert Gordon of Sallagh, annexed to Sir R. Gordon’s work, p. 460. Spalding, p. 63.

[229] Gordon of Sallagh’s _Continuation_, p. 464, et seq.

[230] Gordon’s _Continuation_, p. 475. Spalding, vol. i. p. 47, _et seq._

[231] Spalding, vol. i. p. 50, _et seq._ Gordon’s _Continuation_, p. 476, _et seq._