Sunday 10 June 2012

The Historie Of The Kennedyis


The Historie Of The Kennedyis
Translated by T. Kennedy from the Old Scots, (Pitcairn Edition).

Foreword
The Author of the original manuscript of this book was a very educated anonymous Ayrshire man writing in the early 1600s. He was a close adherent of the Bargany Kennedys and was writing of events that either he or people he knew well had taken part in.  The interest he shows in the Kennedy family indicates that he was related to them by marriage at least.  Sir James Fergusson of Kilkerran writes of the possible identity of the author of this book in his fascinating book of essays on Scottish history, 'The White Hind'.  Fergusson names a particular member of the Cathcart family residing in the area of Girvan.

Where he delves into older historical events, he relates information that is in some instances inaccurate - for example kings turn up in the wrong era. I have included notes in order to show the correct picture.  I have also included notes to try to show the context in which the feud was fought.  Feud was a way of life in Scotland and had been for centuries.  It was generally accepted as part of the rules by which nobles operated,  and usually if punitive action was taken it was against the footsoldiers in such actions.  Nobles were banished for a time,  with the expectation that they could eventually return.

The Land of The Kennedys posting elsewhere on the Kennedy Family Blog shows photographs of some of the places mentioned in the story that follows. 

TK Cheshire 2012

I have added some details taken from The Hereditary Sheriffs of Galloway by Sir Andrew Agnew, 8th Baronet,  which concerns the history of the Agnew family who were near neighbours of the Kennedys and presents a more neutral view.

TK Orkney 2018

The origin of the Name of Kennedy

And first, concerning their name; it is, out of all doubt, the same proceeded from the name Kenneth; for of that name there were sundry Kings and also some very fine Captains.  For by the three kings that had the name Kenneth, there was a Kenneth thane of Carrick who was one of King Gregory's [Giric mac Dungail, believed to have ruled 878-889:  alternatively he could have been Steward to a King Eochaid] Captains in his war in the land, by his skill of throwing stones down a high hill he won a great battle for King Gregory.  And of this Captain the Kennedies say they had their beginning.  But the Black Book of Scone sets their beginning to be in the reign of King Malcolm II who was crowned in the year 1010 and was the fourscore King of Scotland. [The Kennedys are reckoned by James Paterson to have originally been known as Montercasduff "the blackfooted race", noted as being led by John McKennedy in a charter from King David II's reign, 1329 until 1371. See Paterson.].

There was with this King one McKennane of the Isles that was slain by the Danes at the Battle of Murlaig [The only battle at this time was at Innisibsolian which the Scots are said to have won.  However the Danes raided extensively during this period] and of him came the McKennane of the Isles who holds the lands of Stroworddell to this hour. [This legendary ancestral McKennane figure is not otherwise documented.  The title 'Lord of The Isles' came much later. Many records from this time were lost due to Vikings ravaging the monasteries so proof is wanting and traditions vary.]

This McKennane of the Isles' succession was at the time of King Donnall's reign [Donald II, 889-900] when the Danes got the possession of the whole of the Isles; and took from the Laird his father the twenty pound land of Donourtoune, which they had till that time.  But their preferment came to be the marriage of of one McCulloch of Twymone by this they got the lands of Couston and many more lands in Galloway. [McKirlie says the Kennedys did not get lands in Galloway until the second Earl's time,  much later.]

[Historical Notes:
McKennedy as a name appears in the very oldest records of South West Scotland.  According to the Kennedy DNA Project there is no connection to the Southern Irish family of the same name,  they being related to O'Brien - King Brian Boru's people. The Ayrshire Kennedys,  originally called Montercasduff, are likely descended from Picts or an even earlier people - based in Scotland from a much earlier time, adopting the Gaelic language at the time of the invasions of the Gaelic Scots and of course intermarrying with the other neighboring ethnic groups such as Gaels, Britons, Vikings.  The name Kennedy itself denotes regional chiefship.

One Murtagh McKennedy was assigned command of the Scottish garrison on The Isle Of Man when it was captured in 1313, see McNamee.

Robert The Bruce was Lord of Carrick by marriage. His wife Marjory was widow of Adam de Kilconchar, Lord of Carrick. In 1385 one John Kennedy was described as Lord of Kilconchar.  Therefore it appears that the Lord of Carrick was a Kennedy by the reign of Alexander III 1249-1286.  See Paterson

The McDowalls were Lords of Carrick before this time - Duncan McDowell Earl of Carrick founded Crossraguel Abbey in 1244 in the reign of Alexander II. See Crossraguel Abbey book on www.maybole.org.  One source has it that the Kennedys were a branch of the de Carricks - i.e. McDowalls.  This seems to be on the basis that the Kennedys are found to have inherited the de Carrick properties and heraldry. 

The Kennedys were hereditary stewards in Carrick  - the steward and judge of Duncan De Carrick was Marcow McKennedy.  The steward under Comyn between 1244 and 1285 was Fergus Kennedy. John MacKennedy is named as chief of the clan Montercasduff in a charter of David II - 1329-1371.  John De Kennedy is also referred to elsewhere,  fighting against the Gallovidians, and in 1357-8 he is granted a charter confirming all his possessions.  This John is regarded generally by most sources as the founder of the Kennedy family in Carrick.  Paterson says that the line of stewards superseded the old line who failed to produce a male heir – John De Kennedy married Gilbert De Carrick's daughter and inherited the Lordship of Carrick. 

John had a son Gilbert who inherited his title and a son John who became the Laird of Stair - which title eventually passed by marriage of the Kennedy heiress to the Dalrymple family of Stair who hold that title today.  It appears the legendary Aleschunder mentioned below was one of John's sons.]

The House of Bargany

[This section chronologically should come after the next chapter as Friar Hew descends from the first marriage of Gilbert Kennedy of Dunure mentioned below.]
The House of Bargany came to their preferment by the valour of a second brother who was first made a Friar ; but his courage, not so agreeable to so base an office, he lost the same and passed with the [Kennedy] Laird of Blairquhan to France, to Charles VII in the year of our Lord 1431.  He was called Friar Hew; and was, for his valour so beloved of the King of France that he remained with him for many years thereafter and went with him to the Holy Land.  And at his returning he received word that his brother the Laird of Bargany was dead; Whereupon he took leave of the King of France and got in recompense for his service many great rewards of gold and money and above all he gave him leave to wear arms quarterly in his Arms, to whit fleur de lys which that house wears to this day.  [Friar Hew fought against the English with conspicuous bravery in a rearguard action at the Bridge at the Battle of BaugĂ© March 1421.  There were Kennedys also fighting on the English side at the Battle of BaugĂ©.  Two Kennedys of Lenzie were fighting with King Henry V's army according to Paterson. ]

He came to Scotland and bought the ten pound land of Ardstinchar and built the house thereof, and conquered many more lands for the benefit of the King of France.  This Friar Hew was called "Come With The Penny", [and he] conquered the greatest part of the living that is the now a great rent: and from it came the Houses of Ardmillan, Dunane, Bennane, Kirkhill, Bardrohatt.
[Agnew says that the house of Bargany descended from Thomas, son of Sir Gilbert of Dunure - who died around 1440 - and Kennedy houses Blairquhan and Ardstinchar descended from sons Alexander and John respectively. These were by his first marriage to the daughter of James Laird of Calder, see below]

The House of Dunure, Resumed

But now to return to the House of Dunure again.  There was a brother of the House, who was the fourth or fifth brother.  The eldest who was Laird being dead, the friends convened to decide who would be Tutor; but this brother albeit the youngest, started up and drawing his sword said, "I am the best and worthiest and I will be Tutor".  This brother was called Alschunder and because he wore a dagger which at that time was not common he was called Alschunder Dagger.

This Alschunder or Alexander fell into feud with the Earl of Wigtown Douglas who was a very great man and had a great force in the country.  This Douglas was so far offended at him because it was thought that he fought with him at Glenaip, and another time against Lindsay thane Laird of Craigie at the Water of Doon both in one day that the Earl offered anyone that brought this Alexander's head the forty mark land of Stewarton in Cunningham.  When these words came to Alexander's ears he gathered to him a hundred horsemen and on Yule Day in the morning came to the town of Wigtown about the time that he knew the Earl to be at Morning Mass.  Having written the deeds to the land offered for his head,  he entered the Kirk and said "My Lord, you have put this land as the price on my head,  and I know there is no man as worthy to hold it as myself.  Therefore I desire your Lordship to sign it over to me."  The Earl was convinced that if he declined he would pay with his life and therefore took the pen and signed the deed.  Aleschunder thanked his Lordship and taking his horse went on his way.  He and his heirs held the lands from that time on,  or until the year of Our Lord 1602 when Earl John sold it to the Laird of Langshaw.  He got this in the fourth year of the reign of Robert III,  about the year 1380.  This Alexander coming home to Dunure, began to grow proud and it was feared that he would dispossess his brother's son, and also he began to be tyrannical towards his relations.  As a result they took him when he was in his bed at Dunure and killed him.  He left a bastard son of whom the House of Kirkdall is descended.

The next Laird of Dunure [Gilbert, son of John mentioned above] had two wives.  His first wife [Marion] bore one son [actually three according to Paterson].  She was the [James] Laird of [Calder] Cadderis' daughter of the name of Sandylands.  After her decease he married the Laird of Caderwood's [Paterson says instead Laird of Pollok's] daughter, [Agnes] Maxwell, who also bore him a son [actually several according to Paterson].  It is recorded that James I [1406 - his effective rule was from 1424 - to 1437] sent a daughter to be fostered to this Laird of Dunure,  to remain until she was a woman.  At this time the eldest son [James] fell in love with the King's daughter and got her pregnant.  The King her father was highly offended but could not think of a better solution than to allow him to marry her.  Therefore the Laird of Dunure dispossessed his eldest son and made the second son the Laird.  He gave the eldest son the lands of Carloik.  She bore to him the first Lord Kennedy and the Bishop of Saint Andrews.
[ Historical Notes: The First Lord's and the Bishop's mother Princess Mary was in fact the daughter not of James I but King Robert III 1390 - 1406. Agnew in his 'Hereditary Sherriffs of Galloway' says that Princess Mary was supposed to marry George Douglas, Earl of Angus but he was a prisoner in England at the time.  Agnew discounts the above scurrilous explanation regarding the marriage. He says Princess Mary bore John, Gilbert, James and an unnamed daughter.  

Bishop James Kennedy of St Andrews effectively ruled Scotland during the minority of James II through till the effective rule of James III.  At one point during the Wars of The Roses,  Queen Margaret of Lancaster offered him Archbishop of Canterbury in return for Scots help against the Yorkists. The illustrious Bishop's life is chronicled by Dunlop.  See http://www.undiscoveredscotland.co.uk/usbiography/k/jameskennedy.html for a potted biography. 
As to the dispossession,  elsewhere in Paterson it is stated that the children of his first marriage were Gilbert, John and Roland.  In 1408 the eldest son Gilbert murdered James the eldest of the second wife's offspring in a dispute arising from the loss of his birthright.  Gilbert is said to have fled abroad and Paterson says without issue, initially, but he then goes on to contradict this, see below.  Roland founded the branch of Kennedy of Leffnol [Cairnryan] in Galloway.

Bishop Kennedy guided James II through the troubles with the Douglases and their allies who rose up against the King.  The Kennedys remained loyal to the King and as a result suffered extensive pillaging of their lands by the raging Douglases. The Bishop also had his lands pillaged for supporting the King. Bishop James is said to have cursed one of the rebels The Earl of Crawford by bell, book and candle and within the year Crawford was dead - see The History of Scotland Volume II by Andrew Lang. 

The other children said, by the records of that time, to be of Gilbert Kennedy and Agnes Maxwell were: "Friar" Hugh who as said above distinguished himself in the French war,  John who became founder of Blairquhan, Thomas the founder of Bargany and David, whose son Gilbert founded the branch of Kirkmichael.  Paterson conjectures that Thomas was actually the son of the Gilbert from the first marriage who slew James.  He says this is because at this early stage Bargany had too many lands to be a younger son.]

Gilbert, First Lord Kennedy

His eldest son, [actually grandson of the previous chief, the son of the murdered James and the Princess Mary] Gilbert was made Lord by King James II [1437 to 1460]; at this time the King granted him the lands of Lachsuad and Meurig at the forfeit of the Earl of Wigtown [Douglas].  These lands the House of Cassilis holds to this day.  This Gilbert was the King's sister son, which was why he was made the first Lord Kennedy.  He married Katherine Maxwell of the House of Caderwood. She bore him four sons, John who was second Lord Kennedy and Gilbert Kennedy Provost of Maybole.  The others died young. [Some historians ascribe the incident in St Ninian's Church at Yule, related above, to this Gilbert instead of Alschunder. 
Agnew says that in 1431 Sir John Kennedy, brother to the First Lord Kennedy was arrested and incarcerated in Stirling Castle along with Earl Douglas who was locked up in Lochleven Castle.  There was no apparent crime except for some perceived offence caused to His Majesty. This arbitrary double arrest was the reason why the Douglases murdered King James I and the trigger for the eventual uprising of the Douglases against the Crown.  Sir John Kennedy seems to have died in his dungeon three years or so later]

John, Second Lord Kennedy

John Lord Kennedy married Jean Montgomery [second] daughter to [first] Lord Montgomery and they had one heir,  a son called David Kennedy [and daughter Catherine who is mentioned in an indenture 15-9-1465 as marrying Thomas,  eldest son of Gilbert Kennedy of Bargany.  Paterson].  This Lord John married a second wife the Countess of Yerell [Elizabeth daughter of George first Earl Huntly and relict of Nicol, second Earl of Errol] and had one Allexander Kennedy

[some text apparently illegible to the transcriber here. 
Historical Notes: Paterson - This Alexander was given charter of the lands of Girvanmains in 1481. Also from this union came John, William, and Janet who was married to Archibald Douglas "Bell The Cat" 5th Earl of Angus. Around 1497 still recently married to Douglas she became the mistress of James IV who made her Lady Bothwell and installed her in Tarnaway Castle in 1501.  She had a son by James IV - James Stewart created Earl of Murray 1591. Also there was a daughter Helen who married Boyd of Penkill. see p326-7 Paterson.  Bishop Kennedy died in 1466 which was a great blow for Scotland according to McKerlie and Dunlop as James III was a weak ruler without him.  Bishop Kennedy had effectively run the country through several decades].


David Third Lord Kennedy and First Earl of Cassilis

After the death of Lord John his son David succeeded to to be Lord.  He married Agnes Borthik [Borthwick], daughter to Lord Borthik and had four sons ; Gilbert who succeeded him, William Abbott of Craragell [Crossraguel Abbey ], James of Brounstone and Thomas Laird of [blank]; three daughters Kathreine Lady Scheldoune and after Lady Scoirne; Helene Lady Knockdolyan; and Christiane Lady Altrie. His second wife was Greikly Boyd [Margaret, daughter of the Earl of Arran and niece of James III] and by that deed [marrying her I presume] he was made Earl.  [He died on Flodden Field in 1513 along with his King James IV and much of the nobility of Renaissance Scotland.]

Gilbert, Second Earl of Cassilis

Earl Gilbert his son married Elisabeth Campbell daughter of the Earl of Argyll and they had sons; Gilbert Earl after; Thomas; David of Culzean and Mr Quinteyne Abbot of Corsragell [who famously debated with John Knox]; Hew of Barquohouny [this is Bargany? Confusing] and James of Uchtrelour. They also had two daughters Janet Lady Feochtt and Helene Lady Kenkill. He was slain by the [men of the] Sheriff of Ayr on the Sands of Prestwick [said by some to be arising from a feud with the Campbells of Loudoun,  but the deed was allegedly directed by the wife of Sheriff Adam Wallace, of Craigie Castle],  but the Sheriff himself was not there, it was some of his relations especially the Craufurds of the House of Loch Norris.[Agnew sheds more light on this incident. He says that the origin of the killing of the Second Earl lies in a dispute between the 6th Earl of Angus on one hand and the Earl of Lennox and the Queen on the other over control of the boy king James V. The result was the Battle of Linlithgow Bridge in which Lennox was defeated, captured, then allegedly killed in cold blood by Sir Patrick Hamilton. The 2nd Earl of Cassilis had supported Lennox and the Queen. He managed to avoid imprisonment but exchanged heated words regarding the honour of Hamilton. He returned to Ayr and was killed by supporters of the Earl of Angus's faction.]

In recompense of this slaughter, the House of Cassillis got the lands of Cornbanney and Girvandheads from the property of the Sheriff of Ayr and his son Sir Mathew,  his heir. [On 1st July 1528 at Stirling, King James V exonerated Campbell of Loudoun and his followers for killing Cassilis.  Loudoun had become one of the young King's supporters in his struggle to establish authority.]

Gilbert Third Earl of Cassilis

Earl Gilbert his son married Margaret Kennedy daughter of the Laird of Bargany and begat three sons Gilbert, David and Thomas.  But David died young and Thomas was Tutor after him and Laird of Cassilis [should be Culzean] and was made a knight. [This is Sir Thomas Kennedy of Culzean, Tutor of Cassilis who is one of the main characters of the central story.]

This Gilbert was a wondrously wise man and a great courtier.  He was Treasurer of Scotland.  He had two daughters,  Jean Lady Orkney and Katterine Lady Barnebarony.  He was sent to France as ambassador and there died [he was poisoned on the French King's orders for refusing to agree to the French taking possession of the Scottish crown upon the marriage of the infant Mary Stewart to the Dauphin].  As was said he was a very wise man and beloved of all.

Gilbert Fourth Earl of Cassilis

Earl Gilbert his son married Margaret Lyon daughter to Lord Glamis and had two sons by her John his eldest who succeeded him and Hew his second son.  This Hew was married to the Laird of Cartland's sister who bore him two lads and a daughter.  Hew died within 24 years of age.  He was a well conditioned man and had the love of all men.

John Fifth Earl of Cassilis

John Earl his son married Dame Jeane Fleming Lady Thirlstane.  Her previous husband Sir John Maitland was Chancellor of Scotland but she bore no bairns to the Earl of Cassilis.

This last Gilbert [the Fourth Earl] was a particular man and a very greedy man and cared not how he got land as long as he got the title. To that end he tried to get the Abbot of Glenluce Abbey to sign a deed willing the lands to him when he died.  The Abbot died first however,  so Kennedy found a monk who could forge the dead Abbot's signature on the deed.  He then became worried that the monk would reveal the forgery and ordered a man named Carnacaine to kill the monk.  He then got his father-brother Hew of Bargany to accuse Carnacaine of theft and then hang him at Craragell [Crossraguel].  And thus the lands of Glenluce were gained.

Historical Note: Paterson -and others- say that the Fourth Earl fought on the side of Mary Queen of Scots at the fateful Battle of Langside, 13 May 1568, in which the Queen lost and had to flee to England.  The Laird of Bargany fought on the side of the Regent James Earl of Moray who supported the Reformed Church.  The boy King James VI attended with the Regent his uncle. During Mary's short reign the Earl openly boasted that he was King of Carrick and not subject to the Queen but allied to her.  Being on the losing side did not affect Cassilis' fortunes in the slightest.  However the fact that he and Bargany were on opposite sides is an indicator of early antagonism.  Bargany could assemble large forces to his standard and this was seen as a major problem by Cassilis.  Bargany's castles guarded the only route south through which the Earl had to travel to his possessions in Galloway.]

Roasting of the Abbot of Crossraguel

Now as concerning the Abbacy of Corsragall [Crossraguel] this Earl Gilbert took the abbey as follows: There was a father brother of his,  Abbott Quintin a good man and one that feared God after the manner of his religion.  At the alteration of the religion My Lord dealt with the Abbott and got the feu of the said Abbey set to him but the deed was disputed by the next Abbot and because the deed wasn't agreed by the King the deed was nullified.  Then an Abbott [other accounts say he was Commendator not Abbott.  A Commendator was a temporal post, administrator of the accumulated wealth and properties of a religious house.] Allan Stewart got the Abbacy and he had married a sister of Lady Bargany and for that reason the Abbott was allied with the Laird of Bargany and followed his opinion in all matters.  My Lord of Cassilis, pursuing the deed wanted the Laird of Bargany to tell the Abbott to confirm his right to it as agreed with Abbott Quintin.  But the Laird could not persuade the Abbott to visit him in order that he could persuade him,  despite faithful promises to use him well.  Whereupon the Laird persuaded the Abbott to go to Maybole to my Lord.  At his coming my Lord attempted to get him to sign over the deed but could not. Thereupon he decided to take him to Dunure and there to do violence to him in order to get him to sign.  Finding him obstinate he took him and tied him to a spit and cooked his bare legs over a great fire and burnt him badly so that he was from then on unable to use his legs [Another account states that the Abbott's legs were not all that badly injured].  The word of this deed having reached the Laird of Bargany,  he demanded that my Lord send the Abbott back but Cassilis replied that he intended to keep the Abbott in custody.  When this reached Bargany he sent one David Kennedy of Maxalton who had been his page before and 10 or 12 of his most faithful followers and in the night they drew near the Castle gate,  spending the night at the Chapel which was at the drawbridge end.  In the morning when the Gate was opened they rushed from the Chapel and forced their way in,  entering the Castle and taking all the prisoners that were there.  However it being daylight and it being My Lord's territory they had to remain in the House and send away to the Laird to tell him what had happened; but before he could gather a force together,  the Master and My Lord's brother entered the House with all My Lord's force and with the deed,  and entered the Chapel which adjoined the dungeon,  with the idea of piercing the wall.  But the Laird's men within threw great stones from the Dungeon onto the roof of the Chapel and broke it in showing that they did not want to abandon the deed. They shot the Master through the shoulder.  The Laird of Bargany at this time gathered his whole force and a great part of Kyle and Cunningham came with him, and were such a number that the Master and My Lord were forced to retire and allow Bargany to relieve his men and take the Abbott, burnt as he was to Ayr,  home with him.  This caused a great feud between them and for a long period.  However an agreement was brokered at length, through the efforts of their relations.  Mr David Lindsay of Leith, Minister, was the broker and My Lord, the Laird and Abbott all agreed [to keep the peace]. My Lord gave the Abbott some money to live on which would keep him all his days.  And in this way My Lord gained Corsragall by evil means.


Bargany and Cassilis are reconciled

Despite the dispute between the Laird of Bargany and My Lord being resolved they had fallen out badly.  And at that time the Laird of Kelwood, a dependant and follower of Cassilis,  bought a piece of gold called a leigna [thought by Pitcairn to be a prehistoric Celtic torque], from a poor wife, of a pound in weight.  She had found it in a barn within My Lord's lands.  And word spread that that the value was twice what had been paid.  My Lord sent to Kelwood and said he desired it be sent to him but he refused as said he had bought it. My Lord was in a great rage at this; and the Laird of Bargany being in Maybole they made to take the Laird of Kelwood out of his house and being owner of the fields,  repossess his deed.  Coming in the night to the gate house which was not joined to the main house they broke through the wall.  The Laird of Kelwood fearing them greatly, surrendered to the Laird of Bargany upon condition that his life was spared.  He was taken to Maybole.  The gold was taken and he was suffered to depart.  As soon as he arrived in Edinburgh he charged them with his kidnap.  They were much troubled but in the end they paid him off.  After this he did not dare return to Carrick for a long time but fell in great familiarity with the Laird of Carse Craufurd in Kyle,  who sent some of his men with Kelwood to Thomastoun.  Now My Lord was at Ayr with his relations, and the Laird of Carse being in the town there was a great discord between My Lord's relations and Carse for the breaking of a drum which was the prize for a horse race.  In the scuffle John Kennedy of Penquhiren [Penwhirn] was shot in the leg and James Craufurd brother to the Gudeman of Camler was shot in the thigh, after which he was lame all his days.
Now My Lord of Cassilis, after this,  in the year [1576] rode to Edinburgh and as he rode to Glasgow at a place called Slowndub where there is a bridge over a burn, and his lordship's horse fell under him and he was badly hurt. He contracted a disease and with difficulty got to Edinburgh where he lay ill for a long time then died. His brother in law my Lord Glamis [8th Lord, John Lyon, Earl of Strathmore and Kinghorn] who was Chancellor and Tutor Testamenter to his son came to visit him at this time but he was not kind to him as previously Kennedy had brought some servants with him in Maybole and shot at his [presumably the Chancellor's] house under cover of night,  as if he had been the Laird of Carse and my Lord's enemy. He thought that My Lord should have entertained him and his servants better. Upon this My Lord was badly affected in the head and said that this had been done in order to kill him or at least to make his wife lose their child.  And this caused him to strip the Chancellor of the title of Tutor.

[Historical Note: As told differently on Stewart website: In his will Gilbert left for Glamis to be Tutor not Culzean because Culzean had staged a night attack on Dunure with some of his men - ostensibly pretending to be the Laird of Carse -Craufurd- but Gilbert had found out that in reality Culzean by this intended to cause his wife to miscarry.  http://theroyalhouseofstewart.com/descendants_of_the_royal_house_of_stewart_013.htm].

Sir Thomas Kennedy [of Culzean], Tutor of Cassilis

Now, my Lord of Cassilis being dead, there falls great ill-will between the Chancellor and the Master, over [the office of] the Tutory.

The Chancellor sent to Carrick for to make provision for his coming into the country; but not long before his coming, the Master destroyed all the provision both in Carrick and Galloway.  The Chancellor alleged that this was done on the Laird of Bargany's advice; and for that he caused the Laird of Bargany to be imprisoned in Edinburgh and held till his return.  He went to Maybole where he was quartered on the town albeit against the will of the townspeople. At his coming to Galloway he, the [McDowell] Laird of Gartland, entertained him but he got little obedience.  For all this time the Laird of Bargany's house was furnished to the Master and all Bargany's relations stayed with him.  The Chancellor returned to Edinburgh and left some men in Maybole Castle with my lady his sister.  At this time the Laird of Carse his relations having been offended as said earlier came to Carrick and slew George Kennedy of the Breoch most cruelly,  an innocent man above his own worth having married the Lady Couff [Culzean].  The dispute between the Chancellor and the old Master and the Laird of Bargany made the Laird of Carse the bolder to carry out the deed.  It happened that the Regent called a Convention of the Nobility in Stirling at which time the Chancellor Lord Glamis was slain [1578] by the Earl of Craufurd with a shot which was thought to come from the Laird of Bargany's stair [the stair of his residence]  However with the Chancellor Lord Glamis being slain, the Tutory came to the old Master [Sir Thomas Kennedy of Culzean,  3rd son of the 3rd Earl of Cassilis], for he alleged that my Lord made a letter of testament in which he left for him to be Tutor.  This was false but nonetheless it was signed by a priest called Sir Thomas Nisbett by the advice of James Ross.  By the assistance of the Laird of Bargany he gained the office without having to raise his hand.

The Tutor, being unmarried and in Edinburgh, wooed Elisabeth McGill, daughter to Master David McGill, Advocate to His Majesty, and brought her to Carrick and married her.  She had lately divorced the Laird of Lesterrick and had got from him 10000 pounds in contentment of her dowry which at the time was thought a great sum.  And matters being settled in this way John Kennedy of Pinwherry came to the Laird of Bargany and the Tutor and desired their assistance against the Laird of Carse in order to avenge the killing of George Kennedy [of Breoch] who had been his mentor.  At this he took six men and went in the night to Kyle and slew two Craufurds, John and Roger, having had a spy in their house.  After this killing the Laird of Bargany took the said John Kennedy of Pinwherry in his household, Andrew Kennedy, Robert Kennedy and Black James Kennedy.  The Tutor took Oliver Kennedy and Hew Kennedy of Craigneil and Gilbert Stewart of Craigincroy in his household and this made a deadly feud between them and Carse.  During this time Kennedy of Blairquhan was not involved in the feud at all.

After the killing of the Craufurds there were many brawls among them and great trouble began between the Laird of Lochinvar and his Gordons, and the [McDowall,  also styled Gartland elsewhere] Laird of Gairsland.  The Laird of Bargany and the Tutor took the side of Gairsland and supported him.  In this deadly feud sundry were slain on both sides and this continued for a long time.  [Kennedy of] Blairquhan began to feud with the Laird of Garleis [Stewart] and there were a great many slain and hurt. But I will not detail this [business] any further.  Instead I will describe the deadly feud between the House of Cassilis and of Bargany which stands unreconciled to this day.



Deadly Feud Between The House of Cassilis and of Bargany

There was a certain "Black Bessie" Kennedy who was married to the Gudeman of Dineham [variously spelt place one mile north of Maybole] and then to the Laird of Culzean, the Vastor; and to his third Gudeman William Kennedy of Bronstoun, Baillie of Carrick who settled on her his six pound land of Bronstoun.  This Bessie Kennedy was sister to the father of the Laird of Bargany and sister of the mother of the Tutor of Cassilis.  She being a widow had been invested with the house of Bronstoun.  Before his investment, the Bailie of Carrick had invested the same land on the Earl of Cassilis and my Lord had invested the same land on his wife Dame Mary Lyon.  She [being previously married to John Lord Hamilton] quarrelled with Bessie Kennedy's investiture and entered into a legal dispute before the Lords. At this she [Bessie] went to her nephew the Laird of Bargany and gave him her right to Bronstoun [in the hope that he would be able to use force to prevail].  In return for this he invested her with the six pound land of New Wark. After a long and troublesome case, the case was found in my Lady Cassilis' favour against the Laird of Bargany and he lost the lands of Bronstoun.  At this [Bargany] asked that "Black Bessie" should will the lands to him as her devoted nephew,  and having the living of her first Gudeman, he let her have New Wark and entertained her in his house.  He would not use the law against her as she was his aunt and [wished that] nothing should come between them.  She was content with this and remained with him a long time until Sir Thomas Kennedy of Culzean persuaded her to his side and with fair words persuaded her to make him the beneficiary of the contract.  At this he inferred to the Laird of Bargany who was very offended with him, that it was of her own volition that she had done this.  In anger he wrote a letter :

Letter of Bargany to Culzean

"Sir
I see now having considered what you have done at length,  that ye have proved ungrateful to every courtesy I have shown you, and as you know I have made you the man that you are,  and there is nothing that you have dared or done without my support and sustenance.  And you repay me like this.  I vow that I shall very soon do to you as you did when you deceived your brother's house and shot at it; it is sad that this should have happened, you defiled yourself - if you come to so much as borrow a shirt from me, be aware that you will be up against real men." 

This letter was delivered to the Laird of Culzean and he wrote in answer as follows:

"Sir
I have received your bullying letter and in answer I say I have done as much for you as you ever did for me.  As for your filthy slander I care not; but I vow that you will not be able to carry out your foul intention towards me; I think you caught glengoir [venereal disease] on the bridge of your nose last time you tried."

This answer being sent back, the Laird of Bargany was heavily offended because his nose had been struck by a golf ball by accident on the hills of Ayr.  On the receipt of this letter this was his reaction; but through the mediation of relatives he was put under an assurance not to act for a time.  The Earl of Cassilis having returned from school remained neutral and this had a strong influence on the Laird of Bargany.

Bond between Auchendrayne and the Earl of Cassilis

The Laird of Culzean, perceiving that this was getting out of hand, tried to get the gentlemen of the country to think well of him by all means he could think of.  First he went to visit John Mure of Auchendrayne who was a godson of the Laird of Bargany to ask him for his support.  First he gave him the five marks land of White and Black Ganachts, with the two mark land of Mackmanstoun and Hoyle; John was to be on duty whenever he was out of Carrick.  And Auchendrayne, agreed to this after conferring with his godfather the Laird of Bargany - for he was bound to support the Laird of Bargany.  And so that agreement ended.

At this time there was one Gilbert Richard who was a relative of the [Stewart] Laird of Dunduff [http://theroyalhouseofstewart.com/descendants_of_the_royal_house_of_stewart_003.htm ]and this Gilbert had the right to a small farm of my Lord Cassilis called Tandberg and another called Ferguson had a claim to it.  This Gilbert being left executor to one Thomas Legatt, his godfather, who had willed some of his cattle, after he died, to Dunduff;  but Ferguson came to the Laird of Culzean and showed him that the Laird of Dunduff had engineered this outcome, in contempt.  Upon this my Lord directed the Laird of Culzean with his household servants to the place of Dunduff and with hammers break down the gate and take his goods,  saying that "If Dunduff had been there, he would rue taking my Lord's man's gear"; he also said he wanted some of the house.  Dunduff nursed a grudge in his heart after this but he kept it to himself,  waiting for an opportunity to present itself.

But this time my Lord of Cassilis was wooing the daughter of the Earl of Glencairn and after they had met a few times and the time and place of the marriage was agreed, by the advice of Culzean, he decided to visit France.  The lady was so upset at this that she died - much to the grief of her relatives.

The Earl of Cassilis Takes Journey To France

Now my Lord of Cassilis being on his journey to France came to Edinburgh in order to set his affairs in order until his return. Now the office of Baillie of Carrick which was his by feudal right but had been bought by the [Kennedy] Laird of Blairquhan during his minority.  My Lord's relations were scared to accept this office because they feared the reaction of Blairquhan.  My Lord asked Auchendrane to accept the office which he accepted on the condition that he was granted lease of it for his lifetime.  This my Lord promised and went away to France.  The Laird of Auchendrayne coming to Carrick, quarrelled with Kennedy of Blairquhan but in the end they agreed that Blairquhan would hand over the office and Auchendrayne would pay five hundred marks for it.  This was done and nobody could say that justice had not been done.

The Earl of Cassilis Returns From France

Culzean was reconciled in some measure and there was quietness in the country except for some small quarrels between the Tutor and the Master over some particulars of their own.  The country was quiet up to the time that my Lord returned from France which was in the 25th July in the year of Our Lord 1565.  At his home coming the Master met his Lordship with some of his closest relatives and also the Laird of Culzean had his closest companions with him and they were pleased to be reunited. At his coming to Maybole,  his relatives,  then beginning to envy Auchendrayne, persuaded him to discharge him of the Baillie-ship and to withhold the possession of the Black and White Gannochs; Auchendrayne knew it was the doing of the Laird of Culzean because he delivered the discharge in person, at which the two had words,  the Laird of Culzean saying that he would "be the last Laird of Auchendrayne there will ever be" and the other answered with "You will not live to see it".  The words began a great malice in both their hearts which grew greater as you shall hear.

Quarrel Between The Earl And The Master Of Cassilis

Now my Lord began to be unkind to the Master his brother over information that as the Master alleged that the Laird of Culzean [blank in the manuscript: presumably the original was illegible]

And thus began a coldness between them which continued until a time when the Master was staying at my Lord's house in Maybole and he asked for the key to the gate as he wanted to meet a relation in the town.  When the Laird of Culzean heard this he told my Lord that the Master had asked for the key in order to let in a man who was to cut his throat.  The Master admitted that he had asked for the key but said that no man dare make the other accusation that had just been made. The Laird of Culzean said that he said that the Master had asked for the key and he was saying it again.  The Master drew a dagger and struck at the Laird of Culzean in my Lord's presence; at this my Lord sent the Master to be locked up at Dunure where he remained for 20 days.  In the meantime the Laird of Culzean persuaded my Lord to make him the Tutor which he did.  There was nobody to argue against it but the Master and he was locked up. The Laird of Culzean having achieved his aim thought nothing more of what was between the Master and my Lord but word got to his mother's ears and she persuaded my Lord Hamilton to write to my Lord to ask for the Master's liberty.  At this, my Lord sent him to the house of Lord Hamilton where he remained for a time.  There was a woman there named Agnes Bell who was carrying his child. [The Hamilton family were the closest to the Scottish crown after the Stewarts].  

[Historical Note: a Gudeman is the same as a Laird but with the distinction that a Gudeman has property granted him by his feudal lord and a Laird has property allotted to him by the Crown.]  

At this time, John Baird, Laird of Kilhenzie died,  and he had married a sister of the Laird of Bargany as his second wife to whom he had left some victuals,  which the young Laird of Kilhenzie had taken from her by force.  She complained to her brother the Laird of Bargany who sent the young Laird and ten or twelve horsemen to the place of Kilhenzie and broke down the gate and took much victuals with them as was required for her and her servants.  On the day that the victuals were taken from Kilhenzie my Lord and all his retainers were at Maybole at the burial of the wife of John Chalmers of Trocquhane and because the Laird of Kilhenzie was my Lord's supporter, my Lord regarded it as if the same had been done to him and vowed to get even. He consulted with some of his retainers and said he would go to Bargany that same night and take many victuals from him,  for he said he had brought explosives from Italy that would blow up the gate.  Some of the retainers said it would be wrong to go that night because the deed had been recent and they would be on their guard. My Lord then devised with some retainers how to destroy the House of Bargany.  To this end he began to treat with a friend and servant of Bargany,  called John Kennedy of Carlock, and gave him great gifts of land and gear; and [Carlock] decided to betray his master and let in some of his men to slay everyone in Ardstinchar Castle and blow the place up.  And to this end he gathered many men of Carrick and Kyle.

This being planned by the Laird of Carlock, my Lord consulted with the Laird of Culzean and the Gudeman of ...[blank].  When he had heard it all the Laird of Culzean said he thought it was not the best way to deal with the problem and he suggested a better way.  For he said the Old Laird and the Old Lady were honourable householders all their lives and would be greatly lamented by everyone, and the young Laird had married a woman of the King's house and her death would matter greatly to the King and Queen,  and many would think it cruel for innnocents to be put to death. He suggested a better way - the young Laird and his brother are young and like to hunt in the fields,  so [ambush and] kill them [then],  and the old man will die for sorrow.  For he would have no heir to succeed him except Bennane who was a debauched man.  The end of his house would end his life.  This sounded a good idea to my Lord and so the first plan was halted and he set about the second plan to slay the young men.  The plan was revealed by the Gudewife of Baltersan to the Old Laird of Bargany whereupon he sent to the Laird of Culzean to tell him of the plan.  Culzean answered that with my Lord bent on such a plan he would have tried to talk him out of it, that he would never have set about such a deed as he was a sister-son of the House of Bargany and would not wish to spill their blood. This did not satisfy the young men and they turned their hearts against him.

Plot To Murder The Tutor Of Cassilis

This man [Culzean] had many enemies in the country and therefore the Master of Cassilis as you have heard, perceiving this, and himself an enemy convened with the Laird of Auchendrane and Dunduff who were both malcontents as you have heard, at the meeting said the following: "If I was in my brother's place I would not have used you as he has done; but he has not the wit to do this [you can see his point], it is the Laird of Culzean who has caused this to come about" and [he went on to say] if they helped him [the Master] to amend this wrong then he would be their ally till death."  They answered that if he would side with them,  when he became Earl they would hold him in as high regard as his brother and they would support him. At this, they agreed on the pact.

Tumult in Edinburgh

At this time the Laird of Bargany rode to Edinburgh to defend a lawsuit. There the Ministers were holding a convention in the new Kirk of Edinburgh where there was a great company of nobles including Bargany.  The King was in the Tolbooth and there was a great uproar in the town such that the whole town was up in arms,  some crying "God and the Kirk" and some crying "God and the King". [This was one of the periodic Papist scares in Edinburgh where it was suspected that the senior nobles were plotting to return the country to Catholicism]  At this the King was heavily offended and he banished the ministers and arrested many in the town.  The Lord Lindsay was compelled to pay a great sum of money.  The Laird of Bargany was forced to marry his eldest son to the Queen's maid Janet Stewart, sister to Lord Ochiltree which was a great blow to their house as she was not regarded as a desirable match.  This uproar was in 1596 on the seventeenth of December and the marriage was held on the January after. [This must have happened before the plot to blow up Ardstinchar mentioned above. I say this because it says that a reason not to blow up Ardstinchar Castle was that young Bargany was married to a woman of the King's house. It is hard to imagine that Bargany would be accused of Papism when he had fought on the Regent's side at the Battle of Langside and was well-known as a staunch Presbyterian.]

Marriage of John Fifth Earl of Cassilis

Now upon 3rd of November 1597 my Lord Cassilis married Dame Jean Fleming who had been wife to Lord Thirlestane the late Chancellor without consulting his relatives.  She on finding my Lord in such anger with his brother pressed for him to make [Hamilton] Lord Abercorn his heir and give him his lands. This was very close to happening, the deeds were prepared, but his relations,  finding out, prevented him though with great difficulty. [The lady in question was a wealthy heiress of extremely mature years. This could be taken as one of many indications of greed in the young Earl]

Death of the Old Laird of Bargany  

A little before this the Old Laird of Bargany became very sick and the Laird of Culzean sent to him asking that he could meet and speak with him before he died.  As he was about to die he was content to see Culzean and told his sons not to let or hinder him.  When Culzean came the old man was so sick he could hardly speak but he said "Sir you have been very ungrateful, though I did you many good deeds".  Culzean answered "I hope to God you will give me a fair hearing,  though liars have said otherwise of me, but at this time I ask only that God comfort you".  And he left protesting that if the Lord took Old Bargany then he would be a friend to his house and so took his leave.  The two young men did not seek to fight [Culzean] for the present.  On the seventh day of November God in his mercy took Old Bargany;  he was the noblest man in the country at that time.  He was endowed with many great virtues,  First he feared God and was from the beginning on the right side of religion.  He was wise and courteous and stout and kind and such a generous spender that his hospitality was the best there ever was in the land. He was never in debt and lived within his means.  He had 24 fine gallant retainers each with two horses and finely dressed; his house was so well kept that it was a wonder that he did not spend all his money on it.  His wife was Agnes Montgomery sister to [Hew Montgomerie] the Earl of Eglinton who had borne him a great number of children but they all died before him except two sons, the young Laird and Thomas [of Drummurchie] and four daughters, his eldest daughter Dame Helen who was married to Hew Earl of Eglinton, and after his decease she was married to John Graham of Knockdolian, knight; his second daughter Margaret was married to one John Mure of Auchendrayne;  his third was married to Adam Boyd of Penkill; his youngest daughter was married to Allan, Master of Cathcart. [Fergusson in his book The White Hind makes a strong case for the Master of Cathcart - surname Cathcart - to be the author of this book.]

Plot by The Master of Cassilis and the Lairds of Auchendrayne to Murder The Laird of Culzean

Now this noble man having died, the Laird of Culzean raised summons on the old deed which he had received from Black Bessie, as you heard before, of the lands of Newark.  The young Laird of Bargany not being acquainted with the law, [Culzean] obtained a decree against him of 12000 marks for arrears that were awarded to him [Old Bargany] before he died; but he did not execute it but kept it by him and held it over [Bargany's] head as a bond acknowledging debt which moved the Laird of Bargany to great anger and he vowed to get even. His anger led to a meeting between him and the Master of Cassilis,  the Laird of Auchendrayne and Dunduff; at this it was said that they agreed to slay the Laird of Culzean as he was so evil.  On 1st January 1597 the Laird of Culzean being in the house of Sir Thomas Nisbett [a border family] at supper, and his servants having gone past his own house of Maybole, through the said Sir Thomas' yard, the Lairds of Auchendrayne and Dunduff and some of their servants accompanied the servant Alexander Kennedy to the Laird of Bargany, and David Moor his servant and lay in wait for him in Nisbett's yard, and the night being dark they discharged some pistolet shots at him.  He fled and they chased him through the streets of Maybole to the house of Matthew Macgowan, Merchant; here he escaped between two houses. Having escaped he pursued the Lairds of Auchendrayne and Dunduff before the Council.  The Laird of Auchendrayne and his and the Laird of Bargany's servants were brought to the horn.  The Laird of Dunduff went to Edinburgh and was arrested there.  After him came my Lord of Cassilis and his cousin the Laird of Culzean, who desired him to be banished to England for a time,  which he was. Yet that was not enough for they bore a great feud against him as they did the Laird of Auchendrayne.  The Laird of Culzean took the house of the Laird of Auchendrayne and ransacked it,  the furniture and the outbuildings. Also they made many attempts to get [Auchendrayne] himself but God preserved him from their tyranny.

The King Reconciles The Earl of Cassilis and the Laird of Bargany

At this time my Lord Cassilis pursued the Laird of Bargany for arrears and alleged that he owed the sum of 14000 marks.  When this action came to court,  Mr John Russell,  lawyer for the Laird of Bargany took exception to his client's protestation and surrendered the case to my Lord who won his decree but it was reduced,  after which the Laird of Bargany obtained a suspension, then His Majesty the King took up the case and decided the following: my Lord of Cassilis should discharge the whole bill of 14000 marks and my Lord of Bargany should pay to my Lord of Cassilis [blank] at next Martinmas; for his part my Lord Casillis should discharge the the bill with this provision - that if [Bargany] did not pay the sum agreed by the time agreed then the whole bill would become due.  The King got them both to shake hands on this agreement, but in their hearts there was still malice because that was not in the agreement.  The Laird of Bargany said that he had no reason to pay any of the sum and that my Lord [Cassilis] would never have it or his heart.  Yet the day came and my Lord took the sum; despite appearances he handed it over,  he was under threat of the whole sum so he had the money ready and handed it over.  This was a great grief in Bargany's heart.

The Master of Cassilis Murders One of The Earl's Tenants - his Marriage

At this time the Laird of Culzean decided to award the tack of the land of [blank] to one MacIlwaine which my Lord had previously promised to Patrick Richard.  This Patrick Richard was foster brother to the Master of Cassilis and for that cause the Master sent to MacIlwaine and forbade him to take the man's land from him "or he would beat out his brains!" This MacIlwaine being a proud man and having the Laird of Culzean and the Sheriff of Galloway to support him,  said he would "take the land my Lord gave him".  The Master receiving this answer in a rage went to MacIlwaine and slew him.  At this my Lord was much offended and would not suffer [the Master] to come in his presence.  And the Master, remaining in Galloway with the [McDowall] Laird of Gairsland fell in love with a sister of his and married her which was against my Lord's will and he was more offended than ever.

Feud Between The Earl And The Laird Of Girvanmains

At this time the Laird of Drommachreyne McAlexander came to my Lord of Cassilis and took a lease of his tithes of Drommachreyne over the Laird of Girvanmains' head. His house had always been tenants to my Lord of Cassilis house of these tithes and the Lairds of Drommachreyne renewed these but this Drommachreyne was a proud man and he now wanted to be tenant to my Lord himself, and his man.  The Laird of Girvanmains came to my Lord and said he had done him wrong in giving his tithes to his own man over his head and any gains he made through the deal would be small.  My Lord said "You dare not take issue with the man,  because we know where you live".  The other said that [Drummachreyne] should repent of the deed and he could do what he liked.  My Lord said "You dare not trouble him, for fear of losing your head." Then he told him to get back to his own house.  The Laird of Girvanmains rode away and thinking that the Laird of Drummachreyne was coming after him he waited with his two servants that were with him,  on a moor called Craiddow behind a hillock and he saw him coming.  His brother the [McAlexander] Laird of Corseclays was with him and Oliver Kennedy of [blank] but they never struck a stroke in his defence.  Girvanmains pursued him and his two men, Gilbert McFiddis and William McFidderis a boy who was the spy.  They caught up with them on horseback and struck [Drummachreyne] on the head with a sword and slew him.  When he heard of this,  my Lord was very offended at the deed and vowed to have retribution and put Girvanmains to the horn and did all he could to have him killed and take his gear.

However there was an agreement between the Laird of Culzean and Auchendrayne and this prevented them from taking Girvanmains and getting retribution.

Feud Between The Earl of Cassilis and his principal vassals in Galloway

Before this my Lord had obtained a decree against all the gentlemen of Galloway such as the Lairds of [McDowall,  elsewhere styled Gartland or Garthland] Gairsland, [Adair] Kenhilt and [MacCulloch] Merton with the Sheriff of Galloway and their relatives rode to his Castle of Inch in Galloway [Castle Kennedy] with forty horse in full gear with the intention of executing his decree.  The gentlemen of Galloway seeing this gathered together with others and agreed that whoever my Lord tried to dispossess they would defend him with their force.  First my Lord declared a court to be held in Glenluce to dispossess the Laird of Gairsland of his [presumably tenancy].  At this the gentlemen of Galloway sent to him and asked that he treat them fairly but he refused and demanded the full rigour of the law.  The gentlemen realizing this and realising that he would hold the court in the morning gathered together,  one hundred armed horsemen and said "My Lord may think he is welcome here but the Laird of Gairsland says differently".[Agnew says that the young Earl had inherited various tenants from his father that were of a certain type that in return for low rents the tenants would support him in any dispute. Following the debacle of the roasting of the Commendator the old Earl needed all the support he could get. The young Earl was more interested in getting more rent money than having supporters and so wanted to tear up these cheap tenancy agreements. To give more background, there had been a longstanding dispute between Cassilis and the lairds in Galloway because successive Cassilis incumbents since 1506 had tried to exert legal authority in the area by holding courts there - despite the fact that the Agnews were the recognised hereditary sheriffs of Galloway. This caused a major rift with the Agnews]

The Earl Besieged in his House of Inche, Galloway

The way they came was the Loch-end of the Inch where my Lord was [in those days the castle was on an island in Loch Inch,  only later was Castle Kennedy built where it is now]; my Lord had gathered some men to him in case they came,  so they issued from the island with the intent of sending them back the way they came,  but they would not withdraw and at length there were parleys - no blood was drawn.  The Galloway men decided to surround the Earl's men because they knew he was short of supplies.  They thought that nobody in Galloway would relieve him for he was on bad terms with Carrick and the Lairds of Garleis [Stewart] and Lochinvar [Gordon] were with them.  My Lord of Cassilis realising the situation was most offended and could not get relief,  however he had with him the Minister of Colmonell and called upon him and asked him to pretend that the Minister wanted to go to Kirk.  On those grounds they allowed him to pass. The Earl told the Minister to go to Bargany and offer to make amends and regard him as kin till his life's end if he would come to relieve the Earl. The Minister went to Ardstinchar at night and followed the Earl's instructions diligently.  Whereupon Bargany sent for all his relatives and servants to come to him with all speed and with forty horse he rode all night to a house of a servant of his called Kirkcassy the house being a mile from Inch,  and sent a gentleman to try to find out what was going on,  and asked him to tell my Lord that he was there.  He also asked the man to ask the Laird of [McDowall] Gairsland to come to him so they could confer.  They all came to him at Kirkcassy where he told them that my Lord had asked him to come,  but he just wanted to know what the matter was.  The Laird of Gairsland said "Sir you know that I and my house are your servants and you are bound to support us and now I am about to lose my office and possessions by my Lord,  I have no doubt that you will do your honourable duty to me as you always have done."  The Laird of Bargany answered "You know that in both our bonds the Earl of Cassilis is referred to, and that I am not obliged to side with you in this; but if my Lord was to do wrong and be unfair to you then I will support you to the last drop of my blood!  And if you try to kill my Lord,  seeing that he has called for me,  I will defend him the best I can."  They answered that they did not want to pursue him but to defend themselves and their relations from him.  The Laird said that he would deal with my Lord and persuade him to negotiate with them.  They said they would abide by his judgement whatever he would command.

On The Mediation of The Laird of Bargany, They are Reconciled

The Laird on this went to the Loch and went to my Lord but left his retainers behind.  At his coming my Lord was very glad and said Uncle I thank you that you have done us this pleasure which we will never forget."  With his intercession Bargany brought a peaceful outcome to the standoff but my Lord forgot his promise to Bargany after which [Bargany] was more aggrieved than ever.
[According to Agnew the Earl eventually settled with the Galloway Lairds through the good offices of the Sheriff of Galloway, Agnew]

Fresh Feud Between The Lairds Of Bargany, Blairquhan, and the Earl of Cassilis

At about the same time the Earl fell out with Kennedy of Blairquhan and others.  They had been on bad terms for a long time but relations had mediated an agreement and on the invitation of Blairquhan the Earl had visited him with the intention of staying for a day or two.  The second day a messenger came from Culzean saying that Blairquhan had plotted with Bargany to murder the Earl in his bed.  At this the Earl left via the back gate without saying goodbye.  Blairquhan was offended at being treated as treacherous and vowed to avenge his honour against the rumour-mongers.  Upon this there was a tryst at Ayr between Lord Uchiltrie, The Laird of Bargany, Blairquhan,  Girvanmains and a band [agreement] "to die and lieff togidder in all thair particulairis".  Whereupon my Lord the Earl was very afraid.

Marriage of Young Auchendrayne with the Daughter of Sir Thomas Kennedy of Culzean

After a time a general amnesty was patched together excluding the Earl.  The treaty between Auchendrayne and Culzean had nearly expired so a new deal was negotiated by mutual friends whereby the younger Auchendrayne, James, married Helen the daughter of Culzean.  With her he received a dowry of 4000 merks for 3000 of which the Laird of Bargany was the debtor,  Culzean letting him off the 12000 marks dating from the Black Bessie dispute.  The Laird and he were made friends,  Auchendrayne was no longer "on the horn",  Dunduff and Culzean became friends and even the Master of Cassilis joined the agreement because the Earl had openly contemplated making [Hamilton] Lord Abercorn his heir with the encouragement of his wife.  The feud between Cassilis and Bargany continued though.  

Feud As To The Drawing of The Tithes of Girvanmains

The tithes of the ten-pound land of Girvanmains was held by Bargany from the Earl,  the Laird of Girvanmains renting from Bargany.  Cassilis obtained a decree to repossess the lands and resolved to carry it out.  The Lairds of Bargany and Girvanmains heard of this and gathered their relations and servants and took possession of the area where the corn stood so it was impossible for the Earl to enact his decree.  The Earl, deeply offended at Bargany and having a decree against one of his servants John McAlexander of Dangarth resolved to execute it.  He ordered his servants to reap the corn which they partly did.  Bargany when hearing this took his horse and with horses and carts took the corn they had to Ardstinchar Castle for "My Lord has no right to the corn despite the decree he has enacted". As this was on a Saturday the Earl ordered a large force to return on Monday and cut the corn.  Bargany equally alert gathered a strong body of retainers for a similar purpose. Being nearest,  he was there first with six hundred horsemen and two hundred hackbutters [early riflemen].  Lord Ochiltree [Stewart brother-in-law to the heir of Bargany] also joined him with one hundred horse so that within twelve hours notice he had an army of nine hundred men at his command.  The Earl of Cassilis appeared at the head of an equal number or rather more. Bargany had possession of the house and surrounds and with more firearms "bassis and hagbuttis of found" the Earl was not confident of carrying the day.  Lord Cathcart who was married to a near kinswoman of Cassilis and his son the Master of Cathcart having married the Laird of Bargany's sister, negotiated a settlement between them.  It was agreed that Bargany would have all the corn on the ground for his servant and that he should find security for the duty of the land to the Earl.

Plots To Take The Earl's Life

The Earl was aggrieved that the Laird of Bargany should gather such a large company in the Earl's country and tried every means to cause him trouble: with this in mind he demanded the arrears owed to him by Girvanmains.  Bargany decided that it would be best to kill the Earl. It is thought that he conspired on this with Culzean and the Master of Cassilis.  Cassilis had to ride to Galloway [through Bargany land] so Bargany gathered some friends at Ardstinchar Castle including the younger Blairquhan and Girvanmains and they decided to take the Earl's life as Culzean was not with my Lord,  he being allied with Auchendrayne.

Attempt to Imprison the Laird of Auchendrayne

Culzean had promised not to ride with Cassilis but he broke that promise so [Bargany] sent the Laird of Auchendrayne that morning to Castle Kennedy to speak with Culzean about this.  When he got there Culzean asked him to take the boat to the island [where the old castle was] which he did,  and they spoke for an hour.  Cassilis meanwhile had ordered that Auchendrayne should be kept prisoner on the island.  Cassilis at length himself came to the garden and accused Auchendrayne and his associates of having designs on his life.  Auchendrayne rejected the charge and insisted that the person who had made the accusation to withdraw it,  if he was there.  Immediately my Lord was called away to dinner and Auchendrayne's man,  on seeing that the boat wasn't being watched,  made a sign to his master.  Auchendrayne,  aware of the danger he was in, took the boat along with [Kennedy of] Ardmillan's brother who was with him and rowing over,  leapt on their horses and rode away. [Again the Earl showing stupidity]

The Laird Of Auchendrayne Escapes

They reached Ballantrae where the friends of Bargany were assembled and Auchendrayne told what had happened.  The Laird of Bargany was much offended and despatched the Gudeman of Ardmillan and young Carlton [Cathcart] to my Lord Cassilis to ask what he had to say of the affair.  The Earl denied that he had ever made such an accusation and when they returned and told Bargany this, Auchendrayne was blamed for inventing the story [Really ??] with a view to aggravating the feud between Cassilis and Bargany.  Auchendrayne wrote to the Earl threatening to publish him at the market cross of every town if he denied what he had said to him [farcical !] The Earl returned an evasive answer to the effect that he denied use of the words but saying the same in other words. [the translator thinks to type out two such ludicrous and childish letters in full would be a waste of time.]

Fresh Attempts To Take The Laird of Culzean's Life

Shortly after this, the Earl took out a decree stripping Kennedy of Blairquhan of Kelly Castle and Killenhow,  exciting the old grudge between them to the point of fury. He caused the young Laird his son to remain constantly with Bargany stirring up strife between them and from the Earl's refusal to name the individual who had informed him of the design upon his life it was concluded that the person was Culzean. As Culzean was riding to Galloway,  the young Laird of Blairquhan with Thomas Kennedy Bargany's brother, and eight others went after him and lay in wait behind Ardmillan Hill at a place called Glentressic.  Auchendrayne however had sent a letter on to Culzean to warn him, not because he wanted to save him but because there was a band between them [!] and he didn't want to be blamed for his death.  Culzean's servant was on the way to Auchendrayne to ask him what he meant by the letter when he was seized by Bargany's party and detained some time in expectation of his master's coming.  Culzean went to Edinburgh and complained to the  King.  His Majesty sent for Bargany who denied everything.  Culzean said he would prove it by the  testimonies of Auchendrayne and David Kennedy of Maxwellton both of whom were immediately ordered to appear.  When questioned they both cleared Bargany of involvement upon which the King ordered them all to drink wine and be friends. 

Meanwhile in Edinburgh young Blairquhan assaulted the Laird of Pantoskane one of His Majesty's Masters of The Royal Stables – to which Pantoskane retaliated the next morning.  This led to a challenge by John Kennedy of Baltersan who had taken up the quarrel of the Kennedys.  [The resulting case that came before the Privy Council showed from the roll of names involved that the main protagonists on both sides of the Cassilis-Bargany dispute had become involved.  See Paterson]

Renewal of the Feud Betwixt The Earl of Cassilis and the Laird of Bargany.

In the month of [blank] there came some servants of Bargany to Maybole but they were bullied and driven out of town by the servants of the Earl.  Shortly after on their way to Ballantrae the Earl's servants were compelled by Bennane and his retainers to go round the town. After this Bennane went to Maybole with his brother Thomas and a boy armed with a hagbut and proceeded to the Carne [the Earl's Castle in the town www.maybole.org/places/maybolecastle/index.htm] and shouted if anyone wanted to come out to him” and they,  seeing him,  sent out a relation of my Lord's named Antony Kennedy of Balsarrocht and Patrick Rippeth brother of the Laird of Rippeth.  When Bennane saw them he rode away,  four miles to Treave House in Kirkoswald.  They said they called out to him to stop but he disappeared down the road, so they caught the boy,  took the hagbut off him then returned.

Plot To Murder The Earl of Cassilis

Afterwards the Earl rode to Galloway where he remained a long time. The Laird of Bargany and the Master met in Glenapp and then in the Lady Garland's house of Balsarrochs and then in Bargany,  where some agreements were produced it is thought with the intention of taking my Lord's life.  Then my Lord travelled to Craigneill where he stayed for a while.  A little before this Lady Bargany and her sister were riding to Ayr with some others and my Lord saw them,  and sent out 20 horsemen to see who they were,  who met them at Ballochmont near Maybole. When they saw the Laird was not with them they rode away.  Upon hearing this the Laird of Bennane went to the heirs of Bargany saying that they had intended to take Bargany's life and saying that the Earl was a beast and would wait for the time and the place in which to murder Bargany. Bennane then asked for leave to solve the problem. Bargany asked what could be done and Bennane answered that Cassilis was riding from Craigneill to Maybole in the morning and then “we may do what we please”. The Laird said “Do what ye think”.  Bennane asked Bargany's younger brother to join him which he did.  And they with ten or twenty men laid in wait for my Lord in the kale-yard [an abandoned old house without the roof,  used to grow vegetables] of the Laird of Dalgorracheis,  where my Lord was to ride the next morning, and cut out holes in order to shoot my Lord.  That night as they lay in waiting,  Thomas' wife became sick and cried out for her husband,  so that they sent a messenger and he had to return and with his departure they all left.  It being almost daytime,  they were seen by some people who warned the Earl,  who changed his route to [blank] and got to Maybole in safety and having found what he had heard to be true,  he was much offended and vowed to get even and waited for the time and the place.

Deadly Feud Betwixt The Earl of Cassilis and the Laird of Bargany.

In the month of November there was a meeting at Craigneill between Sir John Graham of Knockdolian and his wife [sister of Bargany – the dispute seems to be about crucial family issues] and because they could not agree they decided to meet again on the sixth of December in Ayr with the condition that the Laird of Bargany should not be there [presumably for his safety's sake],  only The Laird of Carlton and Auchendrayne with some others.  But Bargany, encouraged by Bennane and his sister took to horse and accompanied them along with ten or twenty horsemen riding to Ayr,  passing the Bogend,  within a quarter mile of Cassilis gate. 

The Earl saw them and gathered all his retainers and servants and kept them together from Tuesday till Friday,  whilst spies watched Bargany in Ayr to inform him when they left town.  Bargany was told of the danger but he felt he had his retinue with him and also he held the tithes of the town and therefore felt he could count on the town to provide followers to ride back with him. Contrary to his friends' advice he set out from Ayr on 11th December,  a very snowy day such that nobody can see a lance length in front of him. He had eighty men on horse and on foot.  Shortly after leaving town they saw the Cassilis scouts William Cunninghame and Hew Pennandgow at which Auchendrayne counselled Bargany to return, because his followers were not those he could count on and the scouts would not fail to let their master know that he was on his way.  And so saying Auchendrayne rode to the Brig O' Doon and first took the two Cassilis scouts.  They sent Cunninghame on to Ayr on his word,  and took Pennandgow with them as a free friend for he was of the same blood as Auchendrayne. 

Fatal Encounter Between The Earl of Cassilis and the Laird of Bargany

The Laird of Bargany came to the Bridge O' Doon and stayed there,  gathered his retinue together and said “Sirs I am here to protest before God,  I don't seek the blood of my Lord in any manner but to ride home,  if he will let me.  And if my Lord does pursue me I hope you will do your duty as befits men; and he that does not want to do this with me can go now.” And they all answered “We will die in your defense if he pursues you!”  And so they rode forward,  dividing into two companies,  one with himself and the other with the young Laird of Carlton. 

There was with him the Lairds of Auchendrayne, Cloncaird, his brother Thomas,  Gilbert Kennedy of Knockdaw,  a servant of Auchendrayne's called James Kennedy with two others Edward Irving his page and Thomas McAlexander and some others I need not name.  The rest were all with Carlton; so they went to Brochloch near Lady Corse and there was my Lord coming out of Maybole, with his household servants to the number of two hundred men on foot and horse with twenty musketeers, and he reached Lady Corse first.  They halted within a musket shot of each other and they began to shout abuse at each other.  Patrick Rippeth shouted “Laird of Bennane,  Laird of Bennane, it is I Patrick Rippeth who took your hackbut, come down here and if you value your life” but Bennane did not answer even though he had urged Bargany down that way before.  The men of Ayr would have begun to shoot at this point but Bargany stayed them saying “I will not try to kill my Lord nor anyone that comes after me.”  He then moved onward riding down the Bog side of Dinene [variously spelt place a mile north of Maybole] in order to avoid the Earl's forces.  But the latter followed on the other side. At the foot of the bog there were turf dykes to which the hagbutters on both sides rode, the one taking the head of them the other the foot.  The Earl's men began shooting first.  Bargany seeing that his hagbutters were liable to be attacked because they were near the Earl's men,  went to them.  My Lord's musketeers seeing him come forward shot at him and the horsemen with him.  At the foot of the bog there was a small burn which the Laird and his men had to cross; here Gilbert Kennedy's horse was slain and also the Laird's brother Thomas's bridle was shot in two so that he was thrown and his shoulder was put out of joint.  None crossed the stream save Bargany, the Auchendraynes and Cloncaird, James Bannatyne [a crucial figure at the end of this affair] and Edward Irving.  For some reason the Laird was not supported by his cavalry – and it cannot have been due to lack of willingness to fight on the part of the men of Ayr.  The group who had crossed the stream came under fire from the Earl's musketeers then were charged by the Earl's cavalry led by Captain Forster or Forrester.  They resisted despite the uneven odds and combat continued for a spell.  On the Earl's side young Laird [McIlwaine] Grimat was struck through the chin and he and his horse struck in the ear.  Row Cunningham, Pochquhairn's brother was struck in the knee with a lance and out at the buttock.  Captain Foster's horse was injured by swords and his pistolet struck out of his hand. His steel helmet protected his head from many blows with a sword.  Richard Spense, Master of my Lord's household was slain by Cloncaird.  On the Laird's side the Laird himself was slain,  Auchendrayne shot and injured in the thigh and his horse also, James Bannatyne's horse was slain, Edward Irving the page was slain by the stroke of a lance and John McAlexander was hurt with a bullet in the thigh.

The Laird of Bargany Defeated and Mortally Wounded

But now to speak of the noble youth, how gallantly he behaved, my pen cannot express it for against the five there were thirty horsemen who all engaged in the fight.    When there was only himself left to fight,  Bargany rode hard at the Earl shouting “Where is my Lord himself?   Let him now break his promise to me!”  The horsemen around Cassilis immediately assailed Bargany, especially Hew Kennedy of Garryhorne and Patrick Rippeth and Quentin Craufurd of Sillyhoil the younger, Garryhorne broke a lance on the Laird and the others struck at him with swords and so forced him to retire.  Then a fellow named John Dick who had been favoured by Bargany before and had  never suffered an injury at his hand, threw a lance at him and it went through his head and his throat as he was fighting.  The lance broke in him and stuck in his throat,  preventing him from breathing.  Quentin Craufurd struck him in the face with his sword now that he could not defend himself,  however his horse being a very good gelding carried him back to his men where he fell dead  being unable to breathe. [Clearly he was able to breathe a bit as he survived about a week, see below.]

By this time a number of Bargany's followers seeing the superior force at the Earl's command and their wounded  leaders had left the field.  Those remaining took him up and pulling the lance from his throat carried him on horseback in their retreat.  Some of Auchendrayne's people took him to Dineme [also styled Dinene or Dinehame,  a mile north of Maybole]  a quarter of a mile away where he sent his men away saying that they could not defend him and he did not want them to be killed too.  A boy remained to tend him.  Shortly afterwards the Earl came to the barn where he lay and would have killed him there and then, but his men counselled him that Bargany would die anyway,  or if not Cassilis should have him executed in a legal fashion – for the Earl was the Judge for the whole area.  He was kept in Maybole for 24 hours then sent to Ayr where he showed concern for the safety of his friends.  Cassilis appealed to the King in Edinburgh for a commission to try Bargany and his retainers. [It is odd that the Earl allowed Bargany to live and cause yet further complications,  it seems the Earl was a stupid man. 
Although the incident is not recounted in the Historie, Agnew describes an incident not long before this battle in which Bargany and his men lay in wait for the Earl at a ford on the Stinchar river and would have assassinated the Earl but for the presence of Sir Thomas Kennedy of Culzean in the party. Agnew says that afterwards Mure went to Culzean and berated him for being with the Earl at which he was captured by the Earl. This implies that Sir Thomas had prior knowledge of the plot and bravely accompanied the Earl to prevent his assassination. In general this incident puts a different slant on the tale and shows that at best young Bargany allowed himself to be misled by Mure of Auchendrane and at worst was just as capable of murder as the Earl.]

The Laird of Auchendrayne Liberated

Bargany successfully appealed to the King that Auchendrayne, who had been taken prisoner, be set free. The commission was denied to the Earl. When he was imprisoned Auchendrayne signed an agreement that he would not trouble the Earl again but as it was signed under duress,  when he was freed he said that the agreement should not stand.


Death of The Laird of Bargany – His Character

Meanwhile Bargany's injuries became mortal.  Doctor Low who was treating him did nothing but bind up his wounds without regard to the damage all the flowing blood was doing to his heart.  Bargany realised he had no more time left and he made out his Will and left his wife as Executor.  Then his heart gave out and he died.    Bargany was a gentleman of great personal  worth and manly accomplishments.  He was the bravest man in any land of high stature,  well made,  his hair black, a comely face, the bravest horseman and the ablest at all pastimes.  He was fierce and fiery and very nimble. He was about the age of 25 years when he was slain but of his age he was very wise.  If only he had had some experience to leaven his wits he might have survived.  It  was a terrible loss to the whole country. After his death he was  laid in the Kirk in Ayr in a coffin of lead for a long time whilst his funeral was prepared.

The Earl of Cassilis Obtains Remission From The King

Immediately after this awful day my Lady Cassilis rode to Edinburgh where she met with all her friends at Court. To obtain His Majesty's favour to her husband.  She got this much – that he should ride to Edinburgh himself and speak to the Treasurer in person.  My Lord and the Laird of Culzean became reconciled and my Lord rode the 23rd day to Edinburgh and Culzean followed him the next day and mediated with the King,  reminding him of all the many services my Lord had rendered to him – and he obtained an Act of Council in his favour.  The Laird had had his brother in his company [Thomas of Drummurchie],  who was 'at the horn' and the Earl had a Commission to take him.  In truth he had a commission to take two fellows whose names are not known to me.  He had left the names blank then wrote the name of the Laird of Bargany in the space,  but the Official Register was blank as it still is and everybody knows it.  Cassilis paid 10,000 merks to the Treasurer and that did the trick and gave excellent service to his Majesty.

Lady Bargany Purchases Her Son's Ward

The Lady Bargany rode to Edinburgh and made her complaint to the King and Queen but had little luck and had to pay  13,000 merks to get her son [Drummurchie] released from gaol. 

Lord Ochiltree Gets Gifts of the Respites Granted to the Laird of Bargany's Followers

My Lord Ochiltree got the Gifts of Respites for those who were with Bargany on that day and a command to the Treasurer to give Remissions to those who were with my Lord Ochiltree. And immediately my Lord raised letters against those that were with the Laird for the killing of his man Richard Spense and got them all to the horn for none-compliance. At this Lord Ochiltree made sure their property was safe,  for Cassilis was after their blood and their gear.  But because of the letters those that were with Bargany were mostly eager to sue for clemency with the Earl.  Only Thomas of Drummurchie the Laird's brother,  the Laird of Cloncaird, and a few others held together alongside Lady Bargany.  Auchendrayne was sick with his wounds. Nobody cared what Bennane would do as he had already proved so untrustworthy.  The Earl,  now free of any legal complications worked to get Bargany's old supporters on his side.

Auchendrayne Employed To Reconcile The Lairds of Drummurchie, Cloncaird and the Laird of Culzean

Seeing that the Laird of Culzean had procured exoneration for the Earl,  Lady Bargany was infuriated and did all she could to kill him and spoke to Thomas and Cloncaird to that effect.  The first time this became an issue was when Culzean was going home and the two were watching him from Cauff [Culzean] Hill and one said,  there he is, the man we want to have”. But he was too near to his own gate.  But these words came to the ears of some of Culzean's servants and they told him.  At this he sent to Auchendrayne and he asked him to arrange a truce between them.  He did this and got Thomas to concede that he would not pursue the feud with the Earl over his brother's death.  Auchendrayne asked them and Culzean to come to his house and they did. He had prepared a document to seal this agreement for them to sign.  He had the two on one side in one chamber and Culzean in another and he asked the latter if they should be brought together.  Culzean said it should be done after dinner when it can be done 'quietly'.  After dinner he asked Culzean either to go above to them or for him to bring the two men to Culzean.  Culzean said that this could never be kept secret and that the Earl would be furious that he was making deals with his enemies in such a way, behind his back. He said he would prefer to bide time and try to talk the Earl round to agree to this deal.  He said if the Earl did not agree he would abide to the letter of the agreement but he would not sign.  When this was put to Thomas he said that he too was in as great danger from Bargany's widow - if she heard of this agreement. At this Auchendrayne rode back to Culzean with the Laird and Thomas and Cloncaird went their own way with their retainers.

Culzean rode to Galloway after this.  Where he stayed for a time.  The Lady Bargany came from Edinburgh and was mortally offended at the news of Thomas and Cloncaird and also with Auchendrayne.  When Culzean and his two men returned from Galloway they set a trap for him but he got away,  it was said by Auchendrayne's intervention. 

Quarrel Between The Earl of Cassilis and the Laird of Culzean

At this time my Lord returned from Edinburgh to Maybole and the Laird of Culzean hearing that his eldest son had died in France and the office of Provost of the College of Maybole was now vacant and it was in my Lord's gift.  My Lord gave it to Gilbert Ross,  a notary.  The Laird of Culzean was much offended at both of them and vowed to get even with them. The Earl and Culzean were now at odds with each other and now he was happy to sign a band with Thomas of Drummurchie.  But Lady Bargany would not allow it. Realising this, Auchendrayne told Culzean and said “Sir this will not be.  And I vow you are in danger. Do as you think right for yourself.  And David Kennedy of Maxwellton and John Mure of Woodland are witness that I have told you the truth.”

Murder of Culzean

On the day of 11th May 1602 the Laird of Culzean was planning to ride to Edinburgh and asked his servant Lancelot to ask Mure of Woodland or one of his sons to go to Auchendrayne and bid him meet the Laird at the Dampall.  Lancelot went to Maybole School and asked the schoolmaster to write a letter to this effect and gave it to a poor scholar called William Dalrymple to take it to Auchendrayne.  The boy did as he was asked and met a servant of Auchendrayne who said his master was not at home.  He returned to the schoolmaster and gave him the letter which he in turn gave to Lancelot who kept it.  The Laird of Culzean already on his journey had asked Hew Kennedy of Chapel to meet him at Auchendrayne.  Hew came to Andrew Kennedy's house where Cloncaird and Thomas Wallis were, who were the two killers of the Laird of Culzean and the words between them I will not repeat.  However Thomas Kennedy [of Drummurchie] was sent for and the rest and they came to Ayr on the dawn of the 12th.

The Laird of Culzean came to Greenan Castle [www.maybole.org/.../sketches/spratt/greenan.htm] and rested there with Baltersan for a time.  And Thomas and his men being in Ayr saw him and hid quietly in the sand dunes beside St Leonard's Chapel as Culzean came riding past on a small hackney and they rushed out and slew him most cruelly with shots and [sword] strokes,  the Laird having only his servant Lancelot with him whilst there were five assailants – Thomas Kennedy of Drummurchie, Walter Mure of Cloncaird, Thomas McAlexander, Thomas Wallas with a boy named Gilbert Ramsay, and William Irving,  a Border man, who according to their [Border] custom stole from the body his purse with a ring and sundry diamonds and gold buttons. 

His man Lancelot brought the body to Greenan Castle and there got a horse-litter and took him to Maybole where there “was gritt duill maid for him” [was much mourning] for indeed he was an important man and very wise.  He had built a great house at the Cove [Culzean] with large grounds and one way or another he had made a good living for himself.  He had been Tutor to the Earl of Cassilis for 22 years.  He had a wife Dame Elizabeth McGill by whom he had four sons James, Alexander, John and David, and three daughters Margaret who married the Sheriff of Galloway, Helen who married the young Laird of Auchendrayne and Susanna who was later Lady Largs.  Lady Culzean,  not liking Auchendrayne alleged that he knew of the plot and that the letter given to the Schoolmaster was the means of his death.

Measures Taken For Detecting The Murderers of Culzean

Within four or five days at the time of his burial which was in the little Aisle of the College Kirk of Maybole,  my Lord of Cassilis, my Lord Cathcart, the Laird of Craigie and the Laird of Barnbarrach,  called for the Schoolmaster and asked him to give the truth of the matter, that he had written the letter and given it to the poor Scholar who had brought it back again saying that he had met the servant of Auchendrayne who had said that his master was out.  The boy confessed the same tale.  The pair were released.

Auchendrayne Charged of Being Accessory to the Murder

The Lady Culzean,  her heart filled with malice against Auchendrayne would not hear reason and insisted that he was privy to the plot and ensured that he was named in the Letters against the slayers of the Earl despite all his protestation.  She pursued him despite everything.  Until he gained a remission from Lord Ochiltree at the price of 1000 merks and appeared with many noble friends.  At this Lady Culzean decided not to pursue Auchendrayne. [There was a tradition that if a noble was accused of a crime then he would assemble a large entourage of his prominent supporters for moral support.  Evidently it seems to have worked in this case.]

The rest were all denounced at the horn.  All relations were instructed not to communicate or help Thomas or his cohorts and they [Thomas et al] were to leave the country never to return.

The Earl and Cassilis are Reconciled

My Lord became reconciled with his brother.  The Master swore to avenge the murder and asked for the assistance of all my Lord's retainers,  but most thought that he would not be sincere in this from his old friendship with Auchendrayne [actually the reconciliation was due to money.  Cassilis promised the Master a huge bounty for the killing of Auchendrayne - and sealed it in a document].  Auchendrayne was the most pursued of all of them.  His house was in woodlands and so he left for Newark,  a mile from Auchendrayne [where he could see enemies coming].  On the way he met and attacked James Mure called James The Bailie who had been at the slaughter of Bargany and shot him.  Because he was of his own kin he was more furious with James but having injured him he was prevented by his retainers from killing him but instead made him promise to leave the country.  This promise he did not keep – instead he joined my Lord Cassilis.



The Master of Cassilis Lies In Wait For Auchendrayne

Now the Master sought revenge.  He came to Newark Hill with sixteen horsemen,  in order to catch Auchendrayne between his houses but by chance Lady Auchendrayne was passing with a servant and she saw them and sent her man servant to warn her husband.  He asked for assistance from his friends in Ayr and when they appeared the Master was outnumbered and had to retire in shame.

Skirmishes Between the Master of Cassilis and the Laird of Auchendrayne

At this time my Lord rode to London [King James VI being there, now King James I of England] and left his retainers with my Lady his wife and the Master.  The Master. The Master and the retainers were daily pursuing Auchendrayne.  And there being a tryst between the sons of Cloncaird and John Kennedy of Creich at which Auchendrayne should have been, the Master and my Lord's entire household came and lay in wait.  But Auchendrayne suspecting a plot did not attend and asked the others to come to him instead.  At seeing this they followed and besieged Auchendrayne's house.  Auchendrayne's few defenders fired blanks to disperse the attackers and chased them through the woods to the Ash Wood Dykes where they hurt some of the Earl's horses and one of the Earl's  retainers was shot through the doublet and his horse in the head,  but was not killed.

The Laird of Drummurchie Besieges And Fires The House of Auchinsoull and Takes The Countess of Cassilis and Their Household Prisoner

Upon the 16th day of April my Lady Cassilis rode to Galloway with the Master and all my Lord's household and John Dick who had slain the Laird of Bargany which had drawn the ire of his brother [Drummurchie].  My Lady remained in Galloway until the 21st when she wished to return to Carrick of which Thomas got intelligence.  He being accompanied by James Stewart son of the last Chancellor, Walter Mure of Cloncaird with nine horsemen and 23 hagbutters came to Mure of Auchendrayne and there waiting for my Lady and the Master and the whole household of my Lord with 15 horsemen.  They saw the hagbutters waiting and the nine horsemen waiting to charge and they fled to the house of Duncan Crawford called Auchinsoull.  Thomas followed and laid siege to it,  setting fire to the house and causing them to escape.  My Lady parlayed with Thomas at this point.  Duncan Crawford had some friends with him Andrew Cunningham brother to the Laird of Poquharne, the Young Laird of Grimatt and Quinten Craufurd of Sillyhoull.  The three had assurance from Thomas that as they were not with my Lord and his retinue.  The assurance was mediated through the Laird of Carse and Lochnorris.  Duncan Craufurd communicated with them to Thomas who said he knew that John Dick had slain his brother and if they gave him up the rest would be safe.  The gentlemen passed on this message at which John Dick fled.  He fled behind a dyke and they did not see him until he was far away,  far enough for his horse to get him away from the pursuers.  They returned and took the Master,   Andrew Cunningham, the Young Laird of Grimatt and Quinten Craufurd of Sillyhoull and William Kennedy called William The Sigour and John Baird the brother of the Laird of Kilkenzie [?]. During the struggle they slew one John McGraham.

The rest,  this John Dick excepted, rode to London and complained to my Lord who told the King and put him in a rage,  giving him a Commission against them.

[Meanwhile] the Master was released by Thomas, and by the mediation of the Laird of Garland,  his god-brother, at the Laird of Carse and Lochnorris's request my Lord Ochiltree and his younger brother Josias and Auchendrayne got Grumatt, Andrew Cunningham and young Grummatt freed: the Lady Girvanmains interceded for John Baird and got his release.

Proclamation That None Should Reset Drummurchie etc

Now my Lord returned home from London and brought with him a proclamation charging all men under the pain of Treason that they should not speak to or assist Thomas or any of his supporters. At this there was great fear in men's hearts and only the kindest would help them.

Plot To Take The Earl of Cassilis' Life

About this time my Lord riding to Hamilton,  the relatives of the House of Bargany waited for him at the Monkton,  yet my Lord received word of this and he stayed in Ayr whilst he sent for more retainers then rode on.  And being in Edinburgh he laid charges against the supporters of Bargany before the Council and got most of them brought to the horn and did not meet any of them on the way back home from Edinburgh.

The Laird of Stair's Brother [Dalrymple] Taken by The Earl of Cassilis and Hanged

His Lordship riding to Galloway met by chance Thomas Dalrymple of Stair and the night being dark he being at the Bridge of Girvan, was upon the Earl's men before he knew it and he was taken,  not being well horsed,  and was badly hurt.  My Lord took him to Craigneill and on the morning tried him [for no crime!] and hanged him from a tree by the  Gate of Craigneill,  he being the Laird of Bargany's sister-son though he was also related to the Earl.  He was brother to the Laird of Stair a handsome small man and “werry kynd.   He was kyndly handlitt, quha was ane manne that had neuer offendit manne”.

The Laird of Cloncaird Revenges Dalrymple's Death

Now to avenge of this act Walter Mure of Cloncaird and Thomas Wallas the page raided the Earl's Estate of Inch in Galloway and there in the house of Mathew Miller set upon David Girvan, son and heir of John Girvan of Calliboliston and slew him,  he being my Lord Cassilis' Master of Works for his new house at Auchins.  My Lord was highly offended at this and pursued them with renewed vigour.

The Laird of Drummurchie Escapes To France

Thomas was persuaded by the advice of the Lady Bargany and his wife and god-brother Josias Stewart to flee to France.  This he did leaving all those who had stood by him especially Walter Mure of Cloncaird who was the harshest pursued of all.  My Lord lay in wait for him and took his horse,  very narrowly missing him.

Death of The Laird of Cloncaird

The young man seeing this and that he was so evilly rewarded by Thomas, who had chosen a stranger to go to France and refused to take him,  took a fierce melancholy  and died.  This was a great loss for he was both stout and kind and if he had lived longer he would have been “ane werry fyne manne”.

Auchendrayne Gets A Gift Of The Ward of Cloncaird

After the death of Cloncaird my Lord got the gift of his forfeiture.  He had already possessed the Castle and put ten or twelve men in there. But Auchendrayne who had the gift of the Ward raised a charge and went to Cloncaird,  waiting till the keepers went out and then seized it – there was only a boy left inside. 

At this the Earl was furious and vowed to get equal with Auchendrayne.  He charged Auchendrayne to appear before the Privy Council which he did.  Then the Earl proceeded to allege that Auchendrayne was complicit in the murder of Culzean.  Then the Council imprisoned Auchendrayne in Edinburgh Castle for 28 weeks then released with the caution that he return if he was charged.

My Lord,  seeking to destroy the House of Bargany turned his attentions to Bennane and took him from Ayr,  imprisoning him in Edinburgh Castle for a long period,  when he decided he wanted to be the Earl's man and take John Dick's hand who had slain his master and Chief,  The Laird of Bargany.

Death of the Laird of Blairquhan

At this time the Laird of Blairquhan died who was a very noble man and the best of his House.  He was never deceiving to any man.  He built the House of Blairquhan which is the finest to be found of any Baron's house.  He   was the finest of hosts.  He had but two sons,  the Laird that succeeded him called John,  and his second son James who was Laird of Croceltoune.  He had three daughters; the eldest was married to Lord Ochiltree, the second to [blank] and the youngest to the Laird of Girvanmains.

Lady Bargany Pursues Auchendrayne At Law

The Lady Bargany was strongly influenced by her brother Josias [Stewart] who turned her against all the friends of the House.  And among the rest she raised a Summons of Declarator on the gift of Escheat [forfeit] she had of Auchendrayne and would not let him be.  This greatly angered Auchendrayne as he had been taken for communicating with Thomas and been so much distressed for the cause of the House.

Lady Bargany's Sickness And Death

She being sick of “eittik” [tuberculosis] had taken medicine from Doctor Martyn.  He being in London with the Queen she went there to try to get treatment.  At her  coming the Doctor saw that she had no life left in her so he said she should be at home.  As she was returning she died in Stilton threescore miles from London on the 16th day of August 1605.  She was brought by her brother Josias who was with her to the town of Ayr where she was met by all the relations and retainers,  and she was laid in St John's Kirk beside her husband where she was buried and remains to this day.

Josias Stewart Becomes the Tutor of Bargany

The friends of the House convened at the Kirk of Girvan to put the affairs of the House in order, because Thomas was the King's rebel and could not be Tutor.  Bennan was entitled to the office but he was a vain man.  When he heard of this,  Josias Stewart rode to Edinburgh and and got the office of Tutor and saw the Chancellor and Lord Abercorn and offered the child's hand in marriage to Lord Abercorn's daughter.  At this,  Lord Abercorn rode to Ayr and asked for all Bargany's relations to meet him and he promised to be their master and defend them especially from Auchendrayne.  But he didn't think he would have to fulfill his promise.

The Magnificent Funeral Obsequies of The Laird and Lady Bargany

 At this time Lord Abercorn said that the funeral should be on the 25th of September [1605] in the New Kirk of Ballantrae which the Lady had had built for her husband and where she had built up a great and glorious tomb and indeed Josias made great preparations for the funeral both in Bargany and Ardstinchar. The preparations were painstaking.  When the day came there was many Nobles, the Earl of Eglinton and Abercorn,  Winton,  the Lords of Sempill,  Cathcart, Loudoun and Ochiltree.  The Lairds of Bombie, Blairquhan and Gairland and a great number of followers which I cannot express.  His honours were borne by the Gudeman of Ardmillan,  the Gudeman of Kirkhill with many more of their relations.  His sister son Young Auchendrayne bore the banner of Revenge on which was painted his portrait with all his wounds,  with his son sat at his knee and this legend written between his hands “Judge and revenge my cause O Lord” and so it was carried to Ayr but very honourably to the number of a thousand Gentlemen on horseback and laid in the tomb.

Measures Proposed For Securing The Interests Of The Young Laird of Bargany

The burial being over the relations desired that the property should be put in responsible hands and that the commodity of the living should come to the child's use.  My Lord promised that this would be done.  The most earnest in this was Auchendrayne.  A great argument arose between him and Josias Stewart because Josias pursued his escheat [forfeit] and did all he could against him.

Auchendrayne Again A Prisoner

At this time Ardmillan and Auchendrayne were in Edinburgh  and they asked Bennane to write a letter of factory to the relations of the House for the benefit of the child.  This he refused and left.  Josias used an old decree and had Auchendrayne locked up in the Tolbooth. He only released him when he had extracted the tack of Over Bennan of which he had received a 19 year tack before the Laird of Bargany died.

The Laird of Ardmillan Attempts to Procure The Tutory of Bargany

Ardmillan by Auchendrayne's advice applied before the Steward of Corcorberie to be Tutor to the Laird and also there was a William Kennedy who testified that being with the Laird at the time of his death he had written a testament with his own hand that in case his wife Janet Stewart died,  Thomas Kennedy of Ardmillan should be Tutor.  This William Kennedy was the Laird of Ardmillan's bastard brother's son.  He told this to Lady Auchendrayne who told her husband.  He promised to get the Tutory for Ardmillan.  But Josias hearing of this got to William and asked him to destroy the letter,  which he successfully convinced him to do.  William said that he had made it up in order to get the property for Ardmillan.  And Ardmillan had to drop his challenge.

Death of the Dowager Lady Bargany

At this time the old Lady Bargany died,  who was a noble woman and most noble in all her affairs.  By her death Josias Stewart got the whole living of Bargany in his hands.


The Laird of Drummurchie Resides In Ireland

Thomas Drummurchie, the Tutor of Bargany that should have been, was all this time in Ireland with a friend,  Sir Hew Mongomery and he was well entertained as were several of those who had attended the slaughter of Culzean.

Auchendrayne and His Son Attack The Laird of Garriehorne

In the month of October 1607 Auchendrayne, his son and a servant were coming from Ayr to Auchendrayne and at a place before the town called the Foullveir [Foul Vennel] they saw Kennedy of Garriehorne one of the attackers of Bargany.  With him were his two brother sons and Gilbert Fergusson of Dunduff,  Thomas Fergusson, brother to the Gudeman of Threff and Gilbert McHareine with one Walter McCaw.  Upon  meeting they shot pistols at each other then took up swords at which the Young Laird of Auchendrayne was hurt on the middle finger with a sword. But the Provost and his men were able to separate them though they could not be reconciled.

The Old And Young Lairds of Auchendrayne Accused of The Murder of William Dalrymple

At this the Earl and his retainers renewed their onslaught against Auchendrayne and his son,  and their servant. They were determined to prove that Auchendrayne had done away with the boy who had carried the letter from the Schoolmaster on the day Culzean was murdered [here the Historie comes to a sudden end].

2009 Conclusion

The murder of Dalrymple occurred in September 1607 and the conviction of the Mures of Auchendrayne only happened  in July 1611.  They were endlessly cross-examined and even tortured by the “bottis” or boots but would not admit guilt. Public opinion turned in their favour but the King was determined that they were guilty and kept them imprisoned  which many thought was an abuse of his power.  Eventually the Earl of Abercorn succeeded in getting a witness James Bannatyne in Chapeldonan, a tenant and servant of Auchendrayne who admitted to involvement.  When Auchendrayne was imprisoned again, the Young Laird of Auchendrayne had Bannatyne sent to Ireland so he was out of the way.  Abercorn got Bannatyne back to Scotland,  to his house in Paisley and extracted a testimony from him.    This was, it was said,  because the Mures had threatened his life and partly due to threats from Abercorn.  The Mures were confronted by Bannatyne but they strongly denied his statement. 

However the facts tended to stack up against them.  After the killing of Culzean they had kept the boy in hiding,  then sent him to the Laird of Skelmorlie in Arran then to John Mure of Fleet to serve in Flanders with the Duke of Buccleuch's regiment.  He did not die in the Army as might have been expected.  Upon his return he was taken again and kept at Walter Mure of Glenhead's house and at Chapeldonan.  Eventually Auchendrayne junior confessed to the killing.

The two Auchendraynes were executed in 1611 at the Market Cross in Edinburgh.

Translator's Summary

It is the opinion of some people that history is written by the winners and therefore cannot be trusted.  This cannot be said to be the case regarding the Historie.  No character, including even the King, emerges with any credit,  except a few of the older,  more peripheral figures who are eulogised at death.

In the light of what the Earl got away with and the extermination of the Bargany family to whom the Auchendraynes were allied and married, it seems entirely unfair that they were painted by such as Walter Scott as villains.  Culzean was guiltier than most.  He was clever (except for choice of his last leisurely ride),  not an unreasonable man at times, and he was the senior Kennedy and should have shown some moral leadership.  He stirred the Earl up at crucial moments and colluded in many of his excesses.  The Earl was impulsive, had no morals (look at the example set by his father!), and was clearly not very smart.  He was highly likely to value Culzean's word, the latter being his Tutor since he was a boy.

The younger Earl of Bargany was a tragic figure but he was not above sanctioning assassination if it suited him.  He encouraged less worthy individuals such as his brother and Bennane in this regard.  Having done so he acted hypocritically and stupidly by acting the martyr when Cassilis came to assassinate him.  His wife exacerbated the already murderous atmosphere by demanding vengeance after her husband's death,  when Drummurchie and Auchendrayne the elder realised that it had all gone too far and wished to mend some bridges,  she prevented them from doing so and sowed the seeds for the further tragedies that followed.

On a more comical note,  Kennedy of Bennane is the butt of many an acid jibe from the author throughout this tale (described as debauched and unreliable) despite his being the closest related branch to Bargany.  The episode in which he takes a boy with a hagbut to Maybole Castle is hilarious.  Sadly it is this clown who encourages Bargany to take his final journey to Ayr.  Later he adds insult to injury by reconciling with John Dick, Bargany's killer. Josias Stewart, the brother of Lady Bargany appears as a rather sinister figure-  usurping the Tutorship from Ardmillan and getting control of the property of his sister upon her death.  Thereafter he presided over the frittering away of the heir's inheritance according to Paterson.

There seems to be something of 'the love that dare not speak its name' between Cloncaird and Drummurchie,  when Cloncaird dies of heartbreak when Drummurchie doesn't take the former into exile with him and instead goes with 'a stranger'. There was a thriving gay scene amongst the Scottish nobility.  King James VI was intimate with his male favourites (who included another Kennedy,  John of Baltersan). 

Perhaps the most unsettling figure is King James. The King's tactic of solving disputes by getting the rival parties drunk together is naive in the extreme. He allows the abuses of the Earl to go unpunished whilst allowing the same Earl to be judge and jury on those whom he severely provoked, wronged, plotted against and in some cases murdered at will.  In the Borders at that time he had ordered the rounding up of thousands of admittedly lawless reivers and exiling them to Ulster and elsewhere - using the equally lawless reiver lord and his retainers, Scott of Buccleuch as his instrument. There were many other dark deeds committed in the name of James VI but that is another book...

In general it can be said at that time, murders committed in Scotland were not equal.

Background to the Roasting of The Abbot of Crossraguel

This was a terrible deed which still echoes down through Scottish history.  Pitcairn provides this additional testimony of Dr Irving in his Life of George Buchanan.  It sheds more light on the rapacious old Earl and also gives further insight into the kind of man Sir Thomas Kennedy of Culzean really was.  The following is translated from the Old Scots. 

In 1564 Mary Queen of Scots rewarded [the great Scots scholar] George Buchanan with the temporalities of the Abbey which was £1000 Scots.  The Abbott Quintin Kennedy and brother to Buchanan's old pupil The Earl of Cassilis had just died.  About the time that Buchanan was appointed Preceptor To The King he began to be concerned for his safety and his pension.  Buchanan made a statement that the Earl had entered the Abbey and said that he would not let Buchanan have the temporalities unless he was compelled to.  There was a meeting of "The Lords of Secret Council" - the Privy Council- at which the Earl was ordered to hand over the Abbey and lands to Buchanan "under the pane of rebellion" and if he failed he would be 'put to the horn'. 

[Some years later] Master Allan Stewart friend to Captain James Stewart of Cardonall, by means of the Queen's corrupted court obtained the Abbacy of Crossraguel.  The Earl thinking himself greater than any King in these parts, decided he would have the whole benefice of the Abbey as he had much else besides and because it would not be given to him he devised a plan.  Master Allan in the company of the Laird of Bargany and his retainers,  was enticed by the Earl to come and make good cheer with him.  This simple man was misled into spending some days in Maybole with Thomas Kennedy [of Culzean, later Tutor of Cassilis ] father brother to the Earl.  Afterwards Stewart visited Crossraguel with a few friends and the Earl put his plan into action.  And so, as King of the country, he arrested Master Allan and carried him to the Castle of Dunure where for a season he was honourably treated (if that were possible for a prisoner) but after that time the Earl realised he could not get the service of the lands of Crossraguel as he wished and so he set in motion a plan that he thought would secure what food and drink could not achieve.
And so Master Allan was carried to a secret chamber and with him went the honourable Earl and his worshipful brother and such as was appointed to be servants at that banquet.  In the chamber there was a great iron chimney, under it a fire but otherwise there was no great provision to be seen.  The first course was as follows "My Lord Abbot" said the Earl "It would be best for you to say that you are here of your own free will because we dare not commit you into the hands of others." The Abbot answered "Would you, my Lord, want me to sign a statement to that effect? because in truth I am no way here of my own free will and I take no pleasure in your company."  "But you will remain with me nonetheless" said the Earl. "I cannot resist your will" said the Abbot, "in this place-" "Ye man then obey me" said the Earl.  And with that certain letters were presented to him amongst which were a five year tack and a nineteen year tack and a Charter of Feu of all the lands of Crossraguel with all the clauses necessary for the Earl to "haift him to Hell!.  For this adulterie, facriledge, oppreffione, barbarous creweltie and thift heaped vpon thift diferve Hell, the great King of Carrick can no more efschape Hell, for ever, nor the imprudent Abbot efchaped the fyre for a ceffone, as followes."

After that the Earl espied repugnance and that he could not achieve his purpose by fair means he commanded his cooks to prepare the banquet [what manner of men must these cooks have been?] And so first they fleeced the sheep, that is to say they took off the Abbot's clothes even to his bare skin, and next they tied him to the chimney.  his legs to the one end and his arms to the other and they began to build the fire, sometimes to his buttocks, sometimes to his legs, sometimes to his shoulders and arms.  And so that the roast would not burn but would roast in it's juices they did not spare the oil.  (Lord look at such cruelty!).  And that the crying of the miserable man should not be heard, they gagged his mouth. (It may be suspected that the King's mother was there at the Castle).  In that torment they held the poor man whilst he oftimes cried out for God's sake to dispatch him, for he had enough gold in his purse  to buy powder [drugs?] to deaden his pain.  The famous King of Carrick and his cooks perceiving the roasting to be sufficient commanded it to be taken from the fire and the Earl began the grace in this manner: "Benedicte Jesus Maria! [a clear sign that the Earl was not an adherent of the reformed Church or perhaps the author was trying to smear the Earl as a Catholic] you are the most obstinate man that I ever saw!  If I had know that you would be so stubborn I would not for a thousand crowns have treated you so!  I never did so to a man, before you."  And yet he returned to the same practice within two days, and ceased not till he had obtained his purpose that is that he got all the letters signed as well as a half-roasted hand could do it!  The Earl thought himself safe enough for as long as he had the half-roasted Abbot in his keeping and yet being ashamed of his presence by reason of his cruelty left the place of Dunure in the hands of certain of his servants and the half-roasted Abbot as their prisoner.  The Laird of Bargany,  with whom the Abbot had been when he was enticed away realising that he had been detained (but not the extremity) sent to the Court and raised Letters of Deliverance of his person according to the order,  if disobeyed,  the Earl would be denounced as a rebel for his contempt and put to the horn.  But hope was there none that either the afflicted would be delivered or that the purchaser of the letters would get them assented to by the Court,  for in that time God was despised and the lawful authorities were held in contempt in Scotland by those, including the Earl, who waited in hope of the sudden return of the regiment of that cruel murderer of her own husband [Mary Queen of Scots]. This was despite the fact that he had solemnly sworn more than once to uphold the rule of the young King and of the Regent.  The true report and narrative of this fact is to be seen in this Act made before the Privy Council written by Alexander Hays' hand.

Act of Privy Council Apr 27 1571
At Stirling the 27 April 1571.  Regarding the complaint made by Allan Stewart Commendator of Crossraguel, against Gilbert Earl of Cassilis, Thomas Master of Cassilis his brother and their accomplices contained in the said Mr Allan's supplications which is as follows:
Unto your Grace and Lords of Secret Council, your servant Allan Stewart humbly ..[to be continued]


Bibliography


The Historie of The Kennedyis edited by Robert Pitcairn. 1830

The Wars Of The Bruces by Colm McNamee 1997

The White Hind by Sir James Fergusson of Kilkerran

History of the Counties of Ayr and Wigton Volume 2 : Carrick by James Paterson. 1863

The Life and Times of James Kennedy, Bishop of St Andrews by Annie Dunlop. 1950

History of the Lands And Their Owners in Galloway by P.H. McKerlie. 1879

Crossraguel Abbey on www.maybole.org

Glossary
Bottis - torture instrument designed to crush the foot and leg.
Commission - an officially sanctioned 'posse'
Hagbut/Hackbut - arquebus: an early kind of firearm.
Master - younger brother of a Lord or Laird
Steward - deputy or governor appointed by a lord or king
Teinds - tithes.  Derived from the old tenth paid to clergy.  After Reformation the rights to teinds passed into the hands of nobles.
Tack - rent
Tutor - the appointed teacher of a young heir