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

502 CRIMINAL TRIALS. A.D. 1621.
[3Ir Alexander Colu'ile, Juftke-Deptite.']
^latirjTjter in ^in g:le ComDat, or Bud, ij)i)ile in dforeisn ^erbicf,
[The followino; Trial is one which possesses considerable interest and importance, as well from the
light which it throws on the application of the Laws of Duelling, in Scotland and in the Low
Countries, as from the rank and situation of the parties implicated. Captain Harry Bruce, who had
subsequently been employed to superintend the martial exercises of Charles, Prince of Wales,
afterwards the unfortunate King Charles \, was rigorously pursued, by the vindictive and merce-
nary spirit of the relatives of Captain John Hamilton, in the Supreme Criminal Tribunal of Scotland,
after he had long before been honourably acquitted by Court Martial in Flanders — under the impres-
sion, no doubt, that tliey would either extort a large sum of money from this new Court favourite,
or procure his ruin or death. The Duel or Single Combat referred to in this case, and into which
Sruce had been dragged by the rashness and insolence of his antagonist, had taken place no less
than about seventeen years previous to those proceedings I
The reader may Iiere be referred to tlie Case of " Capitan Johne Rig, Arclieour of the Gaird of
Fiance," in a former part of this Collection, Vol. II., p. 382.]
Nov. 14. — Capitaxe Harie Bruce, feruitoiir to the Prince his
Hienes.
Dilaitit of airt and pairt of the Slaughter of vmq''' Capitane Johnne Hammil-
toun ; committit in ane Singular Combat, in the Law Countreyis of fflanderis,
in anno I™.Vj^ and fyve yeiris.
Persewaris, Margaret Hammiltoun, as fifter ; Sir Williame Oliphant of Newtoun, kny*.
Prelocutour in defence, Mv Robert Foullis.
The pannell producet ane Wakraxd and command of the Lordis of Secreit
Counfall, quhairof the tennour folloH'is.
Act of the Lords of Privy Coun'cil.
At Edinbur'', the threttene day of November, the ^eir of God I™, fex hundreth tnentie anejeiris.
Anent the Supplicatioun prefentit to the Lordis of Secreit Counfall be Capitane Harie Bruce, fer-
uitour to the Prince his Hienes, makand mentioun, that quhair, the xiiij day of November inflant is
appointit vnto him, vpone the complent oi Margaret Hammiltoun, as firter, with the remanent kyn and
freindis of vmq'*' Capitane Johnne Hammiltoun, ifor his compeirance befoir the Juflice or his deputis, in
the Tolbuthe of Ed"', to vnderly the law for the Slauchter of Jie faid vmq'"' Capitane Johnne Hammiltoun,
committit be the faid Capitane Harie, in ane Singular Combat, in the Law Countreyis of fflanderis,
feme fevintene yeiris ago ; lyk as, the Juftice intendis to proceid aganis him, in that matter, althoght
it be of verritie, that gif refpect be had to the nature and qualitie of the perfute, and to the circum-
ftances of the Slauchter, quhan, quhair, and vpone quhat occafioun it fell out, it will be fund that the
tryell thairof can no way be propper nor competent befoir the faid Juftice, nor in no vther Judicatorie
within this Kingdome ; becaus the faid Slauchter was committit outwith his Maiefteis doininiones,
within the territoreis of the Ejtaitis of the Laic Countreyis, in ane Singular Combat, quhairvnto the
faid Capitan Harie was vrged and drawin by the gritteft. refpectis of cre<leit and reputation quhair-
■with aGentilman could be afliiil5eid : And howeuir the faid Capitane Johnne Hamiltoun and he be
home Scottifmen, and in that refpect obleift in all fubmiliiue deuteis of allegeance to thair naturall
Soveiane, jit the tyme of that vnhappie flauchter, aud dyuerfe ■yeiris befoir, thay war bothe in actuall
feruice, and fuorne Officeris to the faidis Ejfaitis, and alfe far fubiect to thame and to thair Judgement
and Jurifdictioun, in all matteris, alfweill impoirting lyfe and death, as guidis and geir, as gif thay had