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

48&12JAC. VI. CRIMINAL TRIALS. 285
(5.) Jul. 7, 1014 Ikformatioun being maid to fume of the Counsall, that ane poill-boy was
cum frome Orhmy witii Lettres to the lait Erle of Orkney, and that be was to returne agane with
ane aiifuer to theis Lettres, direitioun was gevin for the feircheing of liim : Lyikas, he was apprebendit
vpoun the fyft of this inllaiit witiiin this Burgh, and producet befoir the Counjall, with ane number
of Letteris, tlie moll pairt of tliame direct to Caitnes men. Becaus tiie poll-boy was to go towardis
Orknay, that way, lie was verie llraitlie examinat vpoun many particularis ; whois Depositioun,
with the copie of that Letter (end be the Erie to bis fone Robert,'- is heir incloifit, imediatlie vpoun his
examinatioun. Thrie of the Gaird was directed to Dumbartane to mak feirciie for the Erie his
wryttis ; and to bring frome thence one Scharp, the Erie liis fervand, by whome his Letteris is writ-
tin. They depairted frome this Burgii upoun Twyfday the fyft of this inftant, about ten of the clok
at niglit, and come to the Ccijtell of Dumbartane tlie morne thairefter, about fyve of the clok in
tlie efternone, bot could not have entrie; being anfuerit be f'um fervandis from the wall-heid, that
the Cotijtdbill was in Edinburgh, and that one Robert Kmk, wha had the cbairge of the Hous wnder
the Coiijuibill, was in the Touii of Dunilartune ; and wliill bis return the jettis could not be op-
pined. The Gdird, ^-jioun this refufall, going to the Toiin, they forgadered,' in the mid-way betuix
the Cajiell and the Toiiii, with the laid Robert Kiioh ; vnto whome they haveing impairted thair Co-
miflioun and vvarrand, he tauld thame plainlie, that thair was no entrie to be had, that night, within the
Cq/fell ; and appoynted thame the morne, at awght of the clok. They haveing preceillie keipit that
tyme, and come to the CoJhll--^ett, thair was many idill ceremonies vfed, befoir they could haue entrie ;
and at laft, being rellliued within the Caflell, Sharp was amifling, and had eftaiped ; and feirche being
maid for the Letteris and wryttes, thair was ane number of complis and wryttes gottin, bot ferving
nothing to the purpois.
Thair is an ampill Commissioun pall and exped to Sir James Stewart, Shereff of Orknay, and
bis deputtis, for tlie perfute and aflaidgeing of the Houfe of Birfay, with fyre and fvvord, and for
apprehending Robert Stewart, and exhibitioun of him befoir the Counsall.
(G.) Aug. 3, leii. — CoMMlssiONis being pafl and expcid to Sir James Steivart of Killeith, for
luppreflingof the Rebellione in Orkney; and he being in the preparatioune of bis forces to haue
gone thair for that eirand ; and promeife being maid to him, be the Lord Loiatt, of lum thrie or four
bundiethe Hilandmenne, tobauealiifted him in that feruice ; fum Gentlemen of the Cuntrey of Ork-
ney, being heir, and feiring that fuclie a number of peple as wald accumpany Sir James wald be a greit
burdyn to the pure cuntrey, and that they wald appeafe the cuntrey people at thair pleafure, they
thairfore delt with Robert Montcith of EyUfchaw to mak ane ouerture to the Counsall, for doing
of this feruice, with lea chairges to His Ma'^"^ and greittare eafe to the cuntrey nor poffiblie could be
done be Sir James. Robert Monteith being admittit to audience, he hes offerit and vndertane,
in refpect of the freindlchipe and aHurance wliilk he will find in the cuntrey, to do this feruice, with
the fupplie of threefcore fouldiouris allanerlie,' and ane Herald and Trumpett, at his Ma'^'^^ charges,
with ane lliip to tranfport, he hes vndertane to recover the haill Houfes and ftrentbes tane and hauldin
in that countrey aganis his Ma'"" ; and outber to apprehend the Rebellis, or then to put theme of the
cuntrey: He hes vndertane, yf ony Houfes or llrenthes be alfeadged, to raile the feage within fourty-
aucht houris aftir his cumming in the cuntrey. And for the performance of thir his Offeris, he hes
offerred the Erie of Caithnes and James Sincler of Murchill cautionouris.
Sir James Stewart being bard vpoun the Offeris maid be Robert Monteith, he lies willinglie aggreit
that the chairge of the feruice be committit vnto him. Whilk accordiiiglie is done; and he is to im-
bark with his forces betuix and the tent of this inllant ; and he lies j)refentlie fend away fum of the
Gentlemen of the cuntrey, to haue the haill cuntrey iii reddines to attend* his landing.
' See tbb Aiipendix, No. (;iO.) ' Rencountcreil ; met with. ' Only. ' Await.