PREFACE.

THERE is not, perhaps, upon record, a tale of horror which gives us a more perfect picture than is afforded by the present, of the violence of our ancestors, or the complicated crimes into which they were hurried, by what their wise, but ill-enforced, laws termed the heathenish and accursed practice of Deadly Feud. The author has tried to extract some dramatic scenes out of it; but he is conscious no exertions of his can increase the horror of that which is in itself so iniquitous. Yet, if we look at modern events, we must not too nastily venture to conclude that our own times have so much the superiority over former days as we might at first be tempted to infer. One great object has indeed been obtained. The power of the laws extends over the country universally, and if criminals at present sometimes escape punishment, this can only be by eluding justice,-not, as of old, by defying it.

But the motives which influence modern ruffians to

commit actions at which we pause with wonder and horror, arise, in a great measure, from the thirst of gain. For the hope of lucre, we have seen a wretch seduced to his fate, under the pretext that he was to share in amusement and conviviality; and, for gold, we have seen the meanest of wretches deprived of life, and their miserable remains cheated of the

grave.

The loftier, if equally cruel, feelings of pride, ambition, and love of vengeance, were the idols of our forefathers, while the caitiffs of our day bend to Mammon, the meanest of the spirits who fell. The criminals, therefore, of former times, drew their hellish inspiration from a loftier source than is known to modern villains. The fever of unsated ambition, the frenzy of ungratified revenge, the perfervidum ingenium Scotorum, stigmatized by our jurists and our legislators, held life but as passing breath; and such enormities as now sound like the acts of a madman, were then the familiar deeds of every offended noble. With these observations we proceed to our story.

John Muir, or Mure, of Auchindrane, the contriver and executor of the following cruelties, was a gentleman of an ancient family and good estate in the west of Scotland; bold, ambitious, treacherous to the last degree, and utterly unconscientious, a Richard the Third in private life, inaccessible alike to pity and to remorse. His view was to raise the power, and extend the grandeur, of his own family. This gentleman had married the daughter of Sir Thomas Kennedy of Barganie, who was, excepting the Earl of Cassilis, the most important person in all Carrick, the district of Ayrshire which he inhabited, and where the name of Kennedy held so great a sway as to give rise to the popular rhyme,

""Twixt Wigton and the town of Air,

Portpatrick and the Cruives of Cree, No man need think for to bide there,

Unless he court Saint Kennedic."

Now, Mure of Auchindrane, who had promised himself high advancement by means of his father-inlaw Barganie, saw, with envy and resentment, that his influence remained second and inferior to the House of Cassilis, chief of all the Kennedys. The Earl was indeed a minor, but his authority was maintained, and his affairs well managed, by his uncle, Sir Thomas Kennedy of Cullayne, the brother of the deceased Earl, and tutor and guardian to the present. This worthy gentleman supported his nephew's dignity and the credit of the house so effectually, that Barganie's consequence was much thrown into the shade, and the ambitious Auchindrane, his son-in-law, saw no better remedy than to remove so formidable a rival as Cullayne by violent means.

For this purpose, in the year of God 1597, he came with a party of followers to the town of Maybole, (where Sir Thomas Kennedy of Cullayne then resided,) and lay in ambush in an orchard, through which he knew his destined victim was to pass, in returning homewards from a house where he was engaged to sup. Sir Thomas Kennedy came alone, and unattended, when he was suddenly fired upon by Auchindrane and his accomplices, who, having missed their aim, drew their swords, and rushed upon him to slay him. But the party thus assailed at disadvantage. had the good fortune to hide himself for that time in

a ruinous house, where he lay concealed till the inhabitants of the place came to his assistance.

Sir Thomas Kennedy prosecuted Mure for this assault, who, finding himself in danger from the law, made a sort of apology and agreement with the Lord of Cullayne, to whose daughter he united his eldest son, in testimony of the closest friendship in future. This agreement was sincere on the part of Kennedy, who, after it had been entered into, showed himself Auchindrane's friend and assistant on all occasions. But it was most false and treacherous on that of Mure, who continued to nourish the purpose of murdering his new friend and ally on the first opportunity.

Auchindrane's first attempt to effect this was by means of the young Gilbert Kennedy of Barganie, (for old Barganie, Auchindrane's father-in-law, was dead,) whom he persuaded to brave the Earl of Cassilis, as one who usurped an undue influence over the rest of the name. Accordingly, this hot-headed youth, at the instigation of Auchindrane, rode past the gate of the Earl of Cassilis, without waiting on his chief, or sending him any message of civility. This led to mutual defiance, being regarded by the Earl, according to the ideas of the time, as a personal insult. Both parties took the field with their followers, at the head of about 250 men on each side. The action which ensued was shorter and less bloody than might have been expected. Young Barganie, with the rashness of headlong courage, and Auchindrane, fired by deadly enmity to the House of Cassilis, made a precipitate attack on the Earl, whose men were strongly posted and under cover. They were received by a heavy fire. Barganie was slain. Mure of Auchindrane, severely wounded in the thigh, became unable to sit his horse, and, the leaders thus slain or disabled, their party drew off without continuing the action. It must be particularly observed, that Sir Thomas Kennedy remained neuter in this quarrel, considering his connexion with Auchindrane as too intimate to be broken even by his desire to assist his nephew.

For this temperate and honourable conduct he met a vile reward; for Auchindrane, in resentment of the loss of his relative Barganie, and the downfall of his ambitious hopes, continued his practices against the life of Sir Thomas of Cullayne, though totally inno

cent of contributing to either. Chance favoured his wicked purpose.

The Knight of Cullayne, finding himself obliged to go to Edinburgh on a particular day, sent a messago by a servant to Mure, in which he told him, in the most unsuspecting confidence, the purpose of his journey, and named the road which he proposed to take, inviting Mure to meet him at Duppill, to the west of the town of Ayr, a place appointed, for the purpose of giving him any commissions which he might have for Edinburgh, and assuring his treacherous ally he would attend to any business which he might have in the Scottish metropolis as anxiously as to his own. Sir Thomas Kennedy's message was carried to the town of Maybole, where his messenger, for some trivial reason, had the import committed to writing by a schoolmaster in that town, and despatched it to its destination by means of a poor student, named Dalrymple, instead of carrying it to the house of Auchindrane in person.

This suggested to Mure a diabolical plot. Having thus received tidings of Sir Thomas Kennedy's motions, he conceived the infernal purpose of having the confiding friend who sent the information, waylaid and murdered at the place appointed to meet with him, not only in friendship, but for the purpose of rendering him service. He dismissed the messenger Dalrymple, cautioning the lad to carry back the letter to Maybole, and to say that he had not found him, Auchindrane, in his house. Having taken this precaution, he proceeded to instigate the brother of the slain Gilbert of Barganie, Thomas Kennedy of Drumurghie by name, and Walter Mure of Cloncaird, a kinsman of his own, to take this opportunity of revenging Barganie's death. The fiery young men were easily induced to undertake the crime. They waylaid the unsuspecting Sir Thomas of Cullayne at the place appointed to meet the traitor Auchindrane, and the murderers having in company five or six servants, well mounted and armed, assaulted and cruelly murdered him with many wounds. They then plundered the dead corpse of his purse, containing a thousand merks in gold, cut off the gold buttons which he wore on his coat, and despoiled the body of some valuable rings and jewels.1

"No papers which have hitherto been discovered appear to afford so striking a picture of the savage state of barbarism into which that country must have sunk, as the following Bond by the Earl of Cassilis, to his brother and heir-apparent, Hew, Master of Cassilis. The uncle of these young men, Sir Thomas Kennedy of Culzean, tutor of Cassilis, as the reader will recollect, was murdered, May 11th, 1602, by Auchindrane's accomplices.

"The Master of Cassilis, for many years previous to that event, was in open hostility to his brother. During all that period, however, the Master maintained habits of the closest intimacy with Auchindrane and his dissolute associates, and actually joined him in various hostile enterprises against his brother the Earl. The occurrence of the Laird of Culzean's murder was embraced by their mutual friends, as a fitting opportunity to effect a permanent reconciliation between the brothers;

bot,' (as the Historie of the Kennedies,' p. 59, quaintly informs us,) the cuntry thocht that he wald not be eirnest in that cause, for the auld luiff betuix him and Auchindrayne.' The unprincipled Earl, (whose sobriquet, and that of some of his ancestors, was King of Carrick, to denote the boundless sway which he exercised over his own vassals and the inhabitants of that district,) relying on his brother's necessities, held out the infamous bribe contained in the following bond, to induce his brother, the Master of Cassilis, to murder his former friend, the old Laird of Auchindrane. Though there be honour among thieves, it would scem that there is none among assassins; for the younger brother insisted upon having the price of blood assured to him by a written document, drawn up in the form of a regular bond!

pose, in order to conceal the dead body. But as the tide was coming in, the holes which they made filled with water before they could get the body buried, and the ground seemed, to their terrified consciences, to refuse to be accessory to concealing their crime. Despairing of hiding the corpse in the manner they proposed, the murderers carried it out into the sea as deep as they dared wade, and there abandoned it to the billows, trusting that a wind, which was blowing off the shore, would drive these remains of their crime out to sea, where they would never more be heard of. But the sea, as well as the land, seemed unwilling to conceal their cruelty. After floating for some hours, or days, the dead body was, by the wind and tide, again driven on shore, near the very spot where the murder had been committed.

This attracted general attention, and when the corpse was known to be that of the same William Dalrymple whom Auchindrane had so often spirited out of the country, or concealed when he was in it, a strong and general suspicion arose, that this young person had met with foul play from the bold bad man who had shewn himself so much interested in his absence. It was always said or supposed, that the dead body had bled at the approach of a grandchild of Mure of Auchindrane, a girl who, from curiosity, had come to look at a sight which others crowded to see. The bleeding of a murdered corpse at the touch of the murderer, was a thing at that time so much believed, that it was admitted as a proof of guilt; but I know no case, save that of Auchindrane, in which the phenomenon was supposed to be extended to the approach of the innocent kindred; nor do I think that the fact itself, though mentioned by ancient lawyers, was ever admitted to proof in the proceedings against Auchindrane.

It is certain, however, that Auchindrane found himself so much the object of suspicion from this new crime, that he resolved to fly from justice, and suffer himself to be declared a rebel and outlaw rather than face a trial. But his conduct in preparing to cover bis flight with another motive than the real one, is a curious picture of the men and manners of the times. He knew well that if he were to shun his trial for the murder of Dalrymple, the whole country would consider him as a man guilty of a mean and disgraceful crime in putting to death an obscure lad, against whom he had no personal quarrel. He knew, besides, that his powerful friends, who would have interceded for him had his offence been merely burning a house, or killing a neighbour, would not plend for or stand by him in so pitiful a concern as the slaughter of this wretched wanderer.

Accordingly, Mure sought to provide himself with some ostensible cause for avoiding law, with which the feelings of his kindred and friends might sympathize; and none ocurred to him so natural as an assault upon some friend and adherent of the Earl of Cassilis. Should he kill such a one, it would be indeed an unlawful action, but so far from being infa

mous, would be accounted the natural consequence of the avowed quarrel between the families. With this purpose, Mure, with the assistance of a relative, of whom he seems always to have had some ready to execute his worst purposes, beset Hugh Kennedy of Garriehorne, a follower of the Earl's, against whom they had especial ill-will, fired their pistols at him, and used other means to put him to death. But Garriehorne, a stout-hearted man, and well armed, defended himself in a very different manner from the unfortunate Knight of Cullayne, and beat off the assailants, wounding young Auchindrane in the right hand, so that he wellnigh lost the use of it.

But though Auchindrane's purpose did not entirely succeed, he availed himself of it to circulate a report, that if he could obtain a pardon for firing upon his feudal enemy with pistols, weapons declared unlawful by act of Parliament, he would willingly stand his trial for the death of Dalrymple, respecting which he protested his total innocence. The King, however, was decidedly of opinion that the Mures, both father and son, were alike guilty of both crimes, and used intercession with the Earl of Abercorn, as a person of power in those western counties, as well as in Ireland, to arrest and transmit them prisoners to Edinburgh. In consequence of the Earl's exertions, old Auchindrane was made prisoner, and lodged in the tolbooth of Edinburgh.

Young Auchindrane no sooner heard that his father was in custody, than he became as apprehensive of Bannatyne, the accomplice in Dalrymple's murder, telling tales, as ever his father had been of Dalrymple. He, therefore, hastened to him, and prevailed on him to pass over for a while to the neighbouring coast of Ireland, finding him money and means to accomplish the voyage, and engaging in the meantime to take care of his affairs in Scotland. Secure, as they thought, in this precaution, old Auchindrane persisted in his innocence, and his son found security to stand his trial. Both appeared with the same confidence at the day appointed, and braved the public justice, hoping to be put to a formal trial, in which Auchindrane reckoned upon an acquittal for want of the evidence which ne had removed. The trial was, however, postponed, and Mure the elder was dismissed, under high security to return when called for.

But King James, being convinced of the guilt of the accused, ordered young Auchindrane, instead of being sent to trial, to be examined under the force of torture, in order to compel him to tell whatever he knew of the things charged against him. He was accordingly severely tortured; but the result only served to show that such examinations are as useless as they are cruel. A man of weak resolution, or of a nervous habit, would probably have assented to any confession, however false, rather than have endured the extremity of fear and pain to which Mure was subjected. But young Auchindrane, a strong and determined ruffian, endured the torture with the utmost firmness, and by the constant audacity with which, in spite of the in

tolerable pain, he continued to assert his innocence, he spread so favourable an opinion of his case, that the detaining him in prison, instead of bringing him to open trial, was censured as severe and oppressive. James, however, remained firmly persuaded of his guilt, and by an exertion of authority quite inconsistent with our present laws, commanded young Auchindrane to be still detained in close custody till further light could be thrown on these dark proceedings. He was detained accordingly by the King's express personal command, and against the opinion even of his privy counsellors. This exertion of authority was much murmured against.

In the meanwhile, old Auchindrane, being, as we have seen, at liberty on pledges, skulked about in the west, feeling how little security he had gained by Dalrymple's murder, and that he had placed himself by that crime in the power of Bannatyne, whose evidence concerning the death of Dalrymple could not be less fatal than what Dalrymple might have told concerning Auchindrane's accession to the conspiracy against Sir Thomas Kennedy of Cullayne. But though the event had shown the error of his wicked policy, Auchindrane could think of no better mode in this case than that which had failed in relation to Dalrymple. When any man's life became inconsistent with his own safety, no idea seems to have occurred to this inveterate ruffian, save to murder the person by whom he might himself be in any way endangered. He therefore attempted the life of James Bannatyne by more agents than one. Nay, he had nearly ripened a plan, by which one Pennycuke was to be employed to slay Bannatyne, while, after the deed was done, it was devised that Mure of Auchnull, a connexion of Bannatyne, should be instigated to slay Pennycuke; and thus close up this train of murders by one, which, flowing in the ordinary course of deadly feud, should have nothing in it so particular as to attract much attention.

But the justice of Heaven would bear this complieated train of iniquity no longer. Bannatyne, knowing with what sort of men he had to deal, kept on his guard, and, by his caution, disconcerted more than one attempt to take his life, while another miscarried by the remorse of Pennycuke, the agent whom Mure employed. At length Bannatyne, tiring of this state of insecurity, and in despair of escaping such repeated plots, and also feeling remorse for the crime to which he had been accessory, resolved rather to submit himself to the severity of the law, than remain the object

"Efter pronunceing and declairing of the quhilk determination and delyuerance of the saidis persones of Assyse, 'The Justice, in respect thairof, be the mouth of Alexander Kennydie, dempster of Court, decernit and adiudget the saidis Johnne Mure of Auchindrane elder, James Mure of Auchindrane younger, his eldest sone and appeirand air, and James Bannatyne, called of Chapel-Donane, and ilk ane of thame, to be tane to the mercat croce of the burcht of Edinburgh, and thair, upon ane scaffold, their heidis to be strukin frome thair bodeyis: Aud all thair landis, heritages, takis, steidingis,

of the principal criminal's practices. He surrendered himself to the Eari of Abercorn, and was transported to Edinburgh, where he confessed before the King and council all the particulars of the murder of Dalrymple, and the attempt to hide his body by committing it to the sea.

When Bannatyne was confronted with the two Mures before the Privy Council, they denied with vehemence every part of the evidence he had given, and affirmed that the witness had been bribed to de stroy them by a false tale. Bannatyne's behaviour seemed sincere and simple, that of Auchindrane more resolute and crafty. The wretched accomplice fell upon his knees, invoking God to witness that all the land in Scotland could not have bribed him to bring a false accusation against a master whom he had served, loved, and followed in so many dangers, and calling upon Auchindrane to honour God by confessing the crime he had committed. Mure the elder, on the other hand, boldly replied, that he hoped God would not so far forsake him as to permit him to confess a crime of which he was innocent, and exhorted Bannatyne in his turn to confess the practices by which he had been induced to devise such falsehoods against him.

The two Mures, father and son, were therefore put upon their solemn trial, along with Bannatyne, in 1611, and, after a great deal of evidence had been brought in support of Bannatyne's confession, all three were found guilty. The elder Auchindrane was convicted of counselling and directing the murder of Sir Thomas Kennedy of Cullayne, and also of the actual murder of the lad Dalrymple. Bannatyne and the younger Mure were found guilty of the latter crime, and all three were sentenced to be beheaded. Bannatyne, however, the accomplice, received the King's pardon, in consequence of his voluntary surrender and confession. The two Mures were both executed. The younger was affected by the remonstrances of the clergy who attended him, and he confessed the guilt of which he was accused. The father, also, was at length brought to avow the fact, but in other respects died as impenitent as he had lived ;-and so ended this dark and extraordinary tragedy.

The Lord Advocate of the day, Sir Thomas Hamilton, afterwards successively Earl of Melrose and of Haddington, seems to have busied himself much m drawing up a statement of this foul transaction, for the purpose of vindicating to the people of Scotland the severe course of justice observed by King James

rowmes, possessiones, teyndis, coirnes, cattell, insicht plenis sing, guidis, geir, tytillis, proffeitis, commoditeis, and richtis quhatsumeuir, directlie or indirectlie pertening to thame, or ony of thame, at the committing of the saidis tressonabill Murthouris, or sensyne; or to the quilkis thay, or ony of thame, had richt, claim, or actioun, to be forfalt, escheit, and inbrocht to our souerane lordis vse; as culpable and convict of the saidis tressonabill crymes.'

"Quhilk was pronuncet for Dome."

PITCAIRN'S Criminal Trials, vol. iii.. p 156