Bannatyne Club > Criminal trials in Scotland, from A.D. M.CCCC.LXXXVIII to A.D. M.DC.XXIV, embracing the entire reigns of James IV. and V., Mary Queen of Scots and James VI > Volume 3

44&9JAC. VI. CRIMINAL TRIALS. 165
liatl bene in perpetuall feare, fince Cullnynes Slauff/iler, to be difcouered as guiltie thairof ; — that for
efcliewiiig; that dansjer, lie had fent furth of the cuntrie this Dalrmnpill, who broght to him the Letter
of aducni'ilnient of Cullaynes dyet ; and whan as he had raateris at tliat poynt, as be his trauelis,'
Young CulUtijne and Thomas Kenncdie wer maid to allow of the conditionis whilk he had fet downe
for roconciliationn of thair querrell, for tlie Murthour of Cullaynes father, this man wes vnhappelie
returned, bo whom liis wliole devyfe wald be difapoynted, and his danger renewed. That lie law no
remeid hot to red DalriinipilUavih of this lyfe, lince lie could not vtherwayes be kept out of his way.
Whairvnto 7?«?iWf//ywe making anfuer, that it wes ane cruel pourpole to Murthour the poure innocent
youtli, (peciallie leing tliay might fend liiin io Ireland, to be faiflie keiped thair, till the agiieance wes
perfytted betuix Cidlaijne and Drumvrquhie : Auld Auchindrane femed to inclyne fumwhat to that
expedient ; and in the uncertaintie of his rcfolution, turning towardis the pairt whar his fone ftuid, of
pourpofe, as appeired, to have confulted witli him, Young Auchindrane perlaved thame no foner (draw)
neir, hot, thairby alluring himfelf of thair aHillance, in executioun of that whilk his father and he had
formerlie concluded, lie did violentlie inuade DalrunipiU, rulhed him to the ground, and never left him
till, helped by his father, with his handis and kneis he liad (Irangled him. And then, thinking to have
buried him in (he Saudis, whirby no mark fould remayne' whilk might raife any fufpiciou of his
Murthour, in that place, thay prealFed to mak vie of ane fpead and Ichoule whilk Young Auchindrane
had broght with him for the pourpofe ; hot finding that no hole wes loner caffln be thame in the Sand,
hot wes alfone filled agane with the water and faudthat Icliot in it, thay wer forced, efterlang travell,
to draw him in the fea, alsfar as they durll wade, hoping that ane vtterlie wind'' fould carie his deid
corps to the Coajf of Ireland: Whilk not fucceiding according to thair expectatioun, the corps flaying
all the nixt day in the verie place whar they left it, they palled that day in meruelous anxietie, for feir
of difcouerie ; till the nixt night, learcheing the corps to have buried it, they could not, be any learche,
find it, becaus the winde had carried it to the Sea, whair it wes tolled continouallie be the fpace of
fyve nychtis, till the Fryday following, that God, deincing (deigning') to vfe that meane, for manifefta-
tioun of thair hid iniquities, broght Dulrumpilis corps bak to the verie place whair, fex or feven dayis
before, he Iiad been Murthoured : Whilk being perlaved be fum cuntrie peopill, the corps wes cairied
be thame to the nixt Churche yaird, and thair buried.
Bot the report of fo llrange ane accident, iiaving raifed fufpicion in the Erie of Cajfilis and fum of
his friendis, who had heard of Dalrumpilis returning in the cuntrie, that it might be he had pairt in
that turne, it wes thoght fit be the Erie and dyucris of the iSIinillrie^ of that boundis, that intimation
fould publictlie be maid in Aire, being the held burgh of the fchyre, and at the Paroche-Kiikis to
landward, that fuche ane corps, being fund deid vpoun the coalt, wes to be fene at the Churche of
Giririn, Whilk being accordinglie publeilled, the corps wes raifed, and amongs vtheris, fighted be
Dalrumpds mother and hlsji/fer, who efter diligent coufideration of the proportion and markis of his
bodie, allured thamefelfis and vtheris, that he wes the mourthoured man I The opinion of Auchin-
dranes guiltines of that Murthour becam fo vniuerfall, as it began to be talked of amongis his owns
feruandis and in his owne houfe, and thairby himfelf, his fone, and thair man Bannatyne, fo confufed,
as thay knew not how to cleir thaime felf of that vylde imputation ; till going to Aire, and meitting
with James DalrumpiiU,^ cufing germane to Young Auchindrane, by Iiis mother, he did informe
thame of the fchamefull opinion wes had of thair guiltines of that foule Murthour ; advyling thame,
that feing it wes not faif for thame, to offer thame felfis to the Tryell of Law, for ane Murthour, whairof
all men thoght thame fo guiltie ; and if thay, being challanged be (he Eric of Cajfdlis, fould be fugi-
tiue for fo haynous a cryme, thair freindis could not with credit do for thame.'' It was fitter, that
they fould kill Hew Kennedie of Garriehorn, fervant to the Erie of CalliUis, for dyueris proba-
' Piiins ; trouble. ' By burying him witliin the flood-mark ; so that, on the reflux of the tide, all marks of
the struggle and foot-marks, &c. might be effaced. ^ An off-shore or outward wind. ' Clergy ; Ministers.
* ' Sisteris sone to the Lady Auchindrane, and so cusiny,' deleted. ' Support or maintain them, while fugitive.