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 & 12 Jac. VI. CRIMINAL TRIALS. 295
Houfe, nnd that Robert Stewart had onlie fyve perfoiiua with him in tlie Houfe : And the yett was
keept, as the depouner tliof^ht, be one of Jiohcrtis reruan(ns. And tlie depouner flayed in Birfay
fourelene nifjlitis: And in the mean tyme of liis being thair, Robert fend to Kirkioall, for fome ma
conipanV) and for mufcattis, poulder, and leade ; and layis that xviij perfonis, or tliairby, armed with
mufcattis, come to Birjay ; and at tliair comeing, tliay then avowit the keeping of the Houfe ; tooke
and broght in ibnie of Barnard Steiiartis goodis to victual! tlie Houfe, and payit not for tiiame.
Deponis, that afoir the depouner tome away, t/ie Sheref-depule, atcompanyit with thre or fourefcoir
perfonis, come and lay aboute the Houfe, and feud in Meffage to Robert Stcuart, defyring him to
come oute, and he waUl gif him libertie for xiiij dayis to remayne in the cuntrey, to vplift the Tak-
maillis ' whilk he alledgeit wes dew to his fa<ler, for auld byrunis :- And that Robert refuilit to come
furthe. Quhairupoun, the Sheref cAwCii charge the Houfe to be randerit ; quhilk wes refuilit be Ro-
bert, with Ibund of trumpett, and difcharge of fome mufcattis out of the Houfe. Lyke as, tlte Sheref-
depute fclioit in at the Houfe, with the fchoit quhairof one Downye Lyell wes hurte. And the de-
pouner rtayed hot ane night, after the Houfe was chargeit. And fayis, that Robert caufit prepair ane
boit to tranfporte the depouner, be water, to Caithnes ; and he fend with him a Letter to the Erll,
and by tung bad him inquire, quhat the Counfell wes doing in his bufynes — and quhat wes the Erllis
will that the faid Robert fould do iu Orknay ? Denyis, that he broglit ony mefl'age from Robert, to ony
perfonis within this burghe.
Deponis, that vpoun Thurifday, tlie lail of Junij, aboute tua of the cloke in the efter noone, the
depouner come to Dunbartane, and fand the Erll waliving in the eloife ; and he delyuerit Robertis
Letter to the Erll. And when the depouner tauld the Erll that the Houfe of Birfay wes tane, the
Erll anfuerit, ' The Devill flick him ! He might haif tane ane better Houfe !' And forder, deponis,
that the Erll faid, ' The Devill llick his foollis head 1' (nieaneing be Robert,) ' He might haif mellit
with the Scheref-depute — and yf he had maid him quyle of him, he wald haif had lefie ado !' And
forder, deponis, that the Erll faid to him, Yf his fone had allliiUeitt Me Ciijiell of Kirkwall, the
Keeparis thairof wald haif delyuerit the fame to him, becaus they wer the Erllis auld feruandis ! And
deponis, that the Erll defyrit the depouner to commend him to tliofe who affiftit Robert in the Houfe.
And fayis, that vpoun the inorne the Erll caufit his man, Shairp, write ane Letter to his fone ; whilk
wes vnfubfcryuit be the Erll, and had no diiectioune on the bak. And the depouner relfauit lyke-
wayes ane Letter from Shairp to Robert Steuart, without fubfcriptioun or directioun on the bak, faulf
onlie ane corfe,^ that it might be knowne frome the other Letter. And quhen the depouner come
away, the Erll defirit him to will Robert ' to keepe the Houfe ; and in no caife to rander the fame ;
And, or'' lie war tane, it wer better for him to dee with honnour — ffbr he wald be putt in perpetuall
warde, yf he wer tane !' Deponis, that the Erll inquirit, ' quhat fauour Robert had of the Commonis,
and yf tliay refortit vnto him ?' And defyrit Robert ' to fend him money, of that quhilk he fould gett
frome the Tak-nien, for auld rellis.' And fayis, that nane wer prefent, quhen the Erllis Letter wes
writtin, bot tbe Erll, his man Shairp, and the depouner. Dun'cane Mitchell.
(20.) CoPiE of the Erie his Letter to his Soiie.
(Appended to Duncan Mitchell's Depofition.)
Robert,
I HAVE red and confidderit your Letter. Yow haue done verie weill in wrytting of your Letter in
\ie forme 56 do; bot I feir it fall do littill goode. AUvayis,^ je fall do the befl with it, gif we have
ado with it ; bot it may be we haue no thing ado with it ; for thair is v])er materis heir to think vpoun
nor fuche thingis, as that I beleive his Maiestie thinkis littill of theis materis. Tak tent that your
Holy ffajier betray ;ow not, as he did befoir. The berar fayis, 56 gaif him bot fax pundis. Trewlie
' Rents of possessions let upon Lease. ' Arrears. ' Cross or mark. ' Ere ; rather than. ' Nevertheless.