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

326 CRIMINAL TRIALS. A.D. 1615.
Johnne Burne delt with the depouner to go bak, faying thay had done evill to come, ftbr the Counfall
wald be in fufpicioun that thay had fome puipois for ihair going to Oiknay. And he tauld tlie
depouner, that they wald not gett accefs to the Erll, yitt the depouner wald not be rtayed, bot come
fordwart to the CajMl-yett, and craveing entrie, he wes anl'uerit ouer the wall be one Robert Knox, wlio
had the charge of the Houfe, that he wald not gett entree. Whairupoun, the depouner come bak, and
being in ane grite anger, becaufe he could not gett entrie, he faid to Johnne Burne, that he fould reveill
all thair practizeis to the ComifeU, feeing he could not get payment of the moneyis addebtit be the Erll
to him. Deponis, that Johnne Burne afkit of the depouner, yf he had prouidit ony men, in Angus, to
tak with him to Orknay ? And the depouner maid him to beleve, that he had prouydit fome men in
Angus, who wer goode fellowis, to half gone thair. And tlie depouner named fome of their names :
And he did this purpoiflie, to half gottin payment of his moneyis.
Deponit, that Jolmne Burne haveing Ihowne to the Erll the depounaris difcontentment for the want
of his moneyis, and that he had avowit to reveill thair interprife, the Erll, fearing the reveilling and
difcouerie thairof, fend to the depouner with the faid Johnne Burne xx f. Sterling ; quhilk being
refuifit be the depouner, tlie Erll fend vtlier xx f. to him.
Deponis, that when he come bak to the fmitliis houfe, he faid to Roheit, ' lie perfavit that the Erll
had no vther courfe bot to bring him to the fcaflold I' And Robert, waging his iiead, with a grite
fighe, anfuerit, ' I feare it falbe fwa !'
(10.) Maister Michaell Mair, feruand to 3Ir Johnne Scott, Directour of the Chancellarie,
fworne, and demandit, ' yf he knawis of ony purpois that the Erll of Orknay liad to brek warde ?
Deponis, he knawis that thair wes fome fpeeches betuix the Erll, the Laird cfCliiny, and James Lyoun,
vpoun that fubiect.
The Depositioun maid be James Lyoun, in that pairt thairof concerning the Erll of Orhnay his
purpois to brek warde, and the conferenceis, meetingis, and refolutionis tane thairanent, betuix the
Laird of Clunye, James Lyoun, and the depouner, being red to the faid 3Ir Michaell ; and lie being
demandit, yf the fame wes trew ? Deponis, that he acknowledgeit the Depofitioun to be trew, as it wes
writtin, except in that parte thairof concerning the fuborning of the Portair, whairof the depouner
knawis no thing. In ceteris conformis.
(11.) DuNCAXE M''CLELI,ANE, poift to Me £r// o/" Or/(?iff?/, fwome, and demandit yf he knawis Ony
thing of tlie Erll of Orkney his purpoiflis anent the Rebellioun in Orknay ? Deponis, he knawis
na thing thairof, and denyis that euir he liard ony conference or fpeeche betuix the Erll, Johnne Burne,
James Lyoun, and Robert Steuart, or ony of thame, anent the Erll his purpois to brek warde, or anent
the fending of Robert to Orknay.
Grantis, that the Erll of Orknay fend the depouner with tua Letteris to Robert Steuart and James
Lyoun, and the depouner come to this toun to haif gottin thame heir ; and miffing thame heir, he paft
to S' Androis, and forgadderit with thame comeing oute of tlie Toun, and delyuerit the Letteris to
thame. And fayis, that Robert Steuart and James Lyoun tauld to the depouner, ' yf thay had gottin
filuer in S' Androis, that thay wald haif gone to Oiknay ; bot feeing thay gatt not filuer, thay could
not go.' And the depouner, haueing gone bak to Dvnbartane with this anfuer, the Erll fell oute in
bitter fpeecheis aganis Robert, calling him ' Fals, feble knaife I' ' Villaine I' and ' Pultrone !' And ' he
fould hang him with his awne hand !'
Deponis, that he hard the conference betuix Robert Steuart and James Lyoun be the way, as thay
come fionie S' Androis, to witt, yf thay had gottin filuer in S' Androis, that thay wald haif gone to
Oiknay and tane the Erlles Houffis. And the depouner tauld thir fpeecheis to the Erll, when he come
bak to Dunbartane ; whereat the Erll wes heichlie commovit, faying, ' Robert was ane feble beall,' —
and ' Or' he wer not hangit, he fould hang him with his awne liand ; becaus vnworthelie he had left his
Houflis, and had not grace to win thame agane !'
' Ere ; rather than.