During the fourteenth and
two following centuries, but especially during the fifteenth and
sixteenth, Scotland was seldom free from internecine strife. There was
scarcely a family of note which had not one or more private feuds upon
its hands, or which was not more or less mixed up with the feuds of
others. Neither property nor life was secure. The damage done to
property was enormous, and the misery occasioned incalculable. The lord
or laird might lie down to rest in fancied security, and awake to find
his cattle driven away or his house in flames about him. Sometimes the
sleeper never awoke again, but was cruelly murdered as he lay—the victim
of a brutal and insatiable desire for revenge or blood.
Much of the blame for
this state of lawlessness has been laid at the door of the Douglases,
but there were others who, in proportion to their power, were quite as
blameable as they were. Acts of Parliament were passed and remedies were
applied, but from the imperfect manner in which they were used, they
usually failed to restore order.
On August 2, 1440,
Parliament assembled at Stirling for the purpose of taking into
consideration the disordered state of the country. “ Many and
innumerable complaints,” writes Lindsay of Pitscottie, “ were given in,
whereof the like was never seen before. There were so many widows,
bairns, and infants seeking redress for their husbands, kindred, and
friends, that were cruelly slain by wicked and cruel murderers, sicklike
many for heirship, theft, and rief that there was no man but he would
have ruth and pity to hear the same. Shortly, murder and slaughter were
come in such dalliance among the people, and the King’s Acts had come
into such contempt, that no man wist where to seek refuge, unless he had
sworn himself a servant to some common murderer or bloody tyrant, to
maintain him against the invasion of others, or else had given largely
of his gear to save his life and to obtain some peace and rest.”
Parliament determined to
have recourse once more to the remedies which had so often failed. It
was ordained, as usual, that Holy Church should be maintained in
freedom, and that the persons and property of ecclesiastics should be
universally protected. It was also ordained that, according to ancient
usage, the justiciars on the southern and northern sides of the Firth of
Forth, or “ Scottis See,” as it was called, should hold their courts
twice in the year, that the same duties should be faithfully performed
by lords of regalities within their jurisdiction and by the judges and
officers of the King upon royal lands. It was ordained, further, that
when a feud broke out the King should at once ride to the spot, summon
the Sheriff of the county before him, and see immediate justice done
upon the offenders, for the more speedy execution of which the barons
were directed to assist with their persons, vassals, and property on the
outbreak of rebellion, slaughter, or robbery.
The bitterest and most
inveterate of the feuds in Renfrewshire was that between the
Montgomeries and the Cunninghams. It was introduced into the county by
the Cunninghams, and most of the families in the county were gradually
drawn into it. The subject of contention was the office of bailie of the
barony of Cunningham. On January 15, 1366, Sir Hugh Eglinton was
appointed to the office by Robert, Steward of Scotland and Earl of
Strathearn, who commanded all the inhabitants of the barony to obey him
and his heirs. He also appointed him chamberlain of the barony and of
the burgh of Irvine, and gave him as his fee one-third of the fines and
issues of the chamberlain and burgh courts. Sir Hugh, it would appear,
had no sooner entered upon the office of bailie than his right to it was
contested, and in 1370 he had either been forcibly extruded from it or
was compelled to stand by and see the office administered, and its
stipend drawn by another; for on May 30, in that year, a letter was
issued by the Steward authorising him or any of his heirs to re-enter
the office, “ notwithstanding another then ministered it through Sir
Hugh’s sufferance and consent.”
The office appears to
have descended to his grandson, Sir John Montgomery, since, in a
marriage contract between Sir John’s eldest daughter and Sir Robert
Cunningham of Kilmaurs, in 1425, it was agreed that Sir Robert should
hold the bailiary during his life, but on condition that he should not
attempt or cause any attempt to be made to make the “ said bailiary more
secure to himself or to his heirs in the meantime than it was at his
entry upon it.”
In 1448 the office was
formally bestowed by the Crown on Alexander, eldest son of the first
Lord Montgomery, whose son, the second lord, succeeded him in the
office, and, in 1482, procured a transumpt of the chief documents
relating to it. In 1498 the Montgomeries had another charter of the
office from the King, who also issued letters to enforce obedience.
Meantime both parties
appear to have appealed to the sword, for in 1488 Kerrielaw, one of the
strongholds of the Cunninghams, had been pulled down and destroyed by
the Montgomeries, probably as a retaliation. The Cunninghams appealed to
the King; but on October 14, 1488, King James IV. remitted all actions
against Hugh Lord Montgomery for the destruction of Kerrielaw, and for
all other offences committed by him prior to August 29 then last, in
consideration of “ the good and grateful service done to him by Lord
Montgomery, especially in the field near Stirling, on June 11, when the
royal forces under James III. were defeated, and among others who were
fighting for the King against his disloyal son, Lord Kilmaurs, the head
of the Cunninghams, who had recently been created Earl of Glencairn, was
slain.”
The two parties next
sought to come to terms with each other, and, on January 12, 1509, a
Decree Arbitral was pronounced with their common consent, which declared
that the Earl of Eglinton had full right to the disputed office. The
quarrel, however, still went on. A second Decree Arbitral was pronounced
in 1517, and a third in 1523. The last of these contains a list of no
fewer than twenty-two “ spulzeis ” or raids made by the Cunninghams on
the Montgomeries, for which the Earl of Glencairn and his son were
condemned to pay to the Earl of Eglinton and his friends the sum of
£1,218 14s. 2d., less certain sums for spulzeis done by the Montgomeries,
which reduced the amount to be actually paid to £481 Scots. By the terms
of this Decree Arbitral the parties were bound to observe it under a
penalty of £3000 Scots.
The feud, however, in
spite of the decree, was continued with increased animosity. Early in
the year 1528, or more probably late in the preceding year, the
Cunninghams attacked the manor house of Eglinton, where all the
muniments of the family were kept. The house was burnt to the ground,
and the muniments were consumed in the flames. The King gave the
Eglintons a charter confirming them in the possession of their lands and
offices, but the •earlier records of the ancient families of Montgomery,
Ardrossan, and Eglinton were irrecoverably lost.
The feud, to use Sir
William Fraser’s words, may be said to have culminated in the murder of
Hugh, fourth Earl of Eglinton, on April 18, 1586. The murder was
deliberately planned by the Earl of Glencairn and certain conspirators,
and perpetrated by David Cunningham of Robertland.
The murderer was
forgiven, and the feud continued. In 1606 the King made an attempt to
arrange matters. Both the Earls and Lord Semple were summoned before the
Privy Council for having caused a “broyle” in the streets of Perth
before the meeting of the Red Parliament. When required to give in their
submission conform to the Act of Parliament, the two Earls distinctly
refused ; the Earl of Glencairn alleging that there was a quarrel
between him and his brother Earl, and that a submission was unnecessary.
Eglinton asked for time to consider, and was given to November 20.
Semple offered to submit.
The reconciliation
between Glencairn and Semple took place in a formal and public manner at
the command of the Privy Council, nearly three years afterwards, May 22,
1609, on Glasgow Green, when, “ for the eschewing of all inconvenients
of trouble whilk may happen (whilk God forbid!),” the Town Council
arranged that the provost, with one of the bailies and the whole
Council, should go to the place, attended by forty citizens in arms, and
that the two other bailies, each attended by sixty citizens armed with “
lang weapons and swords,” should “ accompany and convoy the said
noblemen with their friends, in and out, in making their
reconciliation.”
On May 13, 1439,
Alexander Montgomery, Lord of Ardrossan, and Alan Stewart, Lord of
Darnley, met in the manor house of Houston and executed the curious
marriage contract, the principal provisions of which are given on a
previous page. The document which was in the form of an indenture, was
witnessed by John Semple Lord of Eliotston, Sir Robert Semple, Sheriff
of Renfrew, John of Colquhoun, Lord of Luss, William of Cunningham,
laird of Glengarnock, Patrick Houstoun of that ilk, John of Lindsay,
laird of Dunrod, Thom of Park of that ilk, John Locart of the Bar, John
Semple of Fulwood, and many others. In the month of August following,
probably before the marriage took place, Sir Alan Stewart, who had held
the high office of Constable of the Scottish army in France, was
treacherously slain by Sir Thomas Boyd of Kilmarnock, at the thorn of
Polmaise, three miles from Glasgow, for “ auld feid ” that was betwixt
them. In revenge, Sir Alexander Stewart, brother of Sir Alan, collected
his vassals and, in “ plain battle,” set upon Sir Thomas Boyd, “ who was
cruelly slain,” as the old historian puts it, “ with many valiant men on
every side.” The ground where the conflict took place was at Craignaucht
Hill, a romantic spot near Neilston. “ It was fought that day,” says
Pitscottie, “ so manfully that both the parties by mutual consent
retired and rested at sundry times, and then recommenced to fight at the
sound of the trumpet, till the victory at last declared for the
Stewarts.” Along with Sir Thomas Boyd, some twenty of his men were
slain, which, according to Sir James Balfour, “ kindled such a flame of
civil discord in Kyle, Barronfrew (Renfrew), Carrick, and Cunningham,
that had not the death of the Earl of Douglas quenched it, it had
consumed a great part of the west of Scotland.”
The Semples wTere mixed
up in most of the feuds of the county, and had enough of their own upon
their hands. The first of the latter of which there is any mention was
with the Lennox family. Its origin is obscure. But whether it originated
in the slaughter of Robert de Semple, Captain of Dumbarton Castle, on
the night of July 15, 1443, by Galbraith of Culcreuch, or was of less
ancient standing, a serious feud existed between the two families during
the second half of the fifteenth century. There appears to have been
nothing in particular at stake between them, and the damage they had
inflicted upon each other seems to have been about equal; for when they
submitted their case to Robert Lord Lyle and others as arbiters, their
finding was, that John Earl of Lennox and Mathew, his son, and Sir John
Lord Semple should “ mutually remit and forgive all unkindnesses and
injuries done to each other in times past, and that the retainers of
both parties should satisfy each other for mutual injuries done by
themselves to one another.” The advice appears to have been taken,
for nothing more is heard of the feud.
The other private wars of
the Semple family were not so quietly or so easily settled. There is
nothing romantic to relate about them. For the most part they are
stories of theft, pillage, burning, wounding, and slaughter. Sometimes
they are stories of the oppression of the weak by the strong ; and
sometimes of resistance to the officials of the Crown. The only value of
the narratives is in the light, usually, if not always, lurid, which
they throw upon the lawlessness, barbarity, and ferocity of the times.
About the beginning of
the year 1526 some of the tenants of the lands of Bar were put to the
horn and declared rebels, and Archibald Hodge, a Crown messenger, was
sent to poind certain of their goods and chattels. Soon after he had
arrived on the ground, Hodge was surrounded by William Lord Semple,
William Semple, his son, John Semple of Fulwood, and some two hundred
others, “ bodin in feir of wer with bowis, speiris, culveringis, and
uther waponis.” They took the goods he had poinded and violently
deforced him in the execution of his office. Lord William was Sheriff of
the county, and l’esponsible for its peace, but here he was making war
upon the Crown. He was summoned before the Privy Council, but both he
and his accomplices failed to appear, and they were condemned to remain
a year and a day in prison, and letters were issued against them.
Three months later, the
John Semple of Fulwood above mentioned, John his son, Robert Maxwell
brother to the laird of Stanely, John Semple of Kirkinhead, William
Semple of Blackburn, Walter Cochran in the Hag, and others, were
summoned before the Lords for ejecting John Knox and James Erskine,
tenants of the Abbey of Paisley in the lands of Auchinche, and stealing
their cattle.
On June 12, 1527,
Parliament assembled in Edinburgh. Lord Semple had already been
concerned with the Earl of Eglinton, Sir Neil Montgomery, and Stirling
of Keir, in the death of the laird of Lochleven, and on the 21st of the
month the Lords Temporal thought it expedient that Semple and his
associates should be indicted for treason. While Parliament was sitting,
Semple, whether aAvare of this resolution or not, entered Edinburgh at
the head of a strong force. With his men he set upon one Cornelius de
Mathetema, a Dutchman, near the Tolbooth, and put him to death. The
affair created a reat stir, but on the 17th of the following month
the King issued a letter of respite, protecting Semple and his followers
against all that might follow from this “ treasonable slaughter ” for
nineteen years. The letter gives the names of Semple’s accomplices. In
all they number 586.
At the same time William
Lord Semple had other feuds on hand. Towards the close of the year 1526.
he and his son, Robert Master of Semple, and their friends, invaded and
besieged John Mure of Caldwell in “ feire of weire with bowis, speiris,
gunnys and uthir waponis ” at the Place of Caldwell. For this he was
summoned before the Privy Council, in the beginning of the following
year; but though often called, he failed to appear. An action was at the
same time running against him, which had been raised by Craufurd of
Auchinames. Craufurd was not altogether in the right, but he had the
powerful support of William Master of Glencairn, and a compromise was
arranged. The feud, however, was by no means staunched. In 1537 Sir John
Walker, chaplain, was indicted for lying in wait for Thomas Craufurd of
Auchinames “ at his fishing of Cart, and invading for his slaughter in
company with William Lord Semple and his accomplices.”
Another affair in which
William Lord Semple was engaged, had more serious results. In the month
of July or early in the month of August, 1533, along with his son, the
Master of Semple, and many of their friends, he had waylaid and murdered
William Cunningham of Craigends and his servant, John Alanson. At the
time the young King was doing his best to put down these private feuds,
and on hearing of the slaughter of Craigends and his servants, he gave
orders for the most resolute measures to be taken against the murderers.
The consequence was that Lord Semple, his son, and many others, were
summoned before the Court.
Sir John Semple, vicar of
Erskine, was accused of being art and part in the slaughter, and on
August 19, appeared before the Court, but was repledged by the
Archbishop of Glasgow to the Church Courts, John Brisbane of Bishopton,
his parishioner, becoming surety for the due performance of justice. The
following day, Lord Semple, the Master of Semple, Semple of Ladymure,
Stewart of Barscube, Semple of Fulwood, Mathew Semple and a number of
others, appeared and found surety to appear before the Justiciar on
November 17. The caution money for Lord Semple and his two sons and
grandson was a thousand merks each. Semple of Fulwood and his son had to
find surety to the amount of five hundred pounds each, and Mathew Semple
to the amount of a thousand merks. A number who were implicated failed
to appear and were put to the horn.
For the trial of the case
in November, the Justice-General, Archibald Earl of Argyll, appointed
Robert Lord Maxwell, and Thomas Scott of Pitgorno, to be his deputies.
The Semples were now
fairly alarmed, and on the day after their appearance in Court, entered
upon a bond of mutual assurance with the Cunninghams, by which the two
parties undertook not to molest each other till November 25, five days
after the case was to come up for trial.
The trial of the accused
began on November 12, when Alexander Pinkerton and John Bruntscheils
were found guilty of being art and part in the slaughter of the Laird of
Craigends and his servants, and were beheaded.
On November 20, the
Cunninghams were summoned before the Court— Alexander, son and heir of
the Master of Glencairn, and over thirty others, among whom was Craufurd
of Auchinames. They were charged with “ un-besetting the highway, by way
of murder, to William Lord Semple, lying in wait for his slaughter, with
a great company, between his Castle of Semple and his Place of Lovell,
on the fifth and seventh days of August last.” Cunningham of Glengarnock,
and D. Cunningham of Robertland, both of whom had entered into the bond
of mutual assurance only a few days before, were accused of being “ art
and part of the forethought felony and oppression done to Robert
Snodgrass, Mark Semple and Patrick Young, coming with convocation of the
lieges to the number of one hundred persons, in warlike manner on the
(3rd) day of September last, within the lands of Robert Snodgrass, and
forcibly seizing and imprisoning him,” etc. Alexander Cunningham and his
accomplices had to find sureties for their appearance at the next
Justice Ayre at Renfrew ; while in the second case both the Cunninghams
and the Semples were bound over to keep the peace under the pain of
5,000, 2,000 and 1,000 merks each, according to their respective ranks.
The trial of Lord Semple
was fixed for February 26. Meantime, it became known that it was to be
held not before the Deputies previously appointed, but before the
Justice-General himself, Archibald Earl of Argyll. The relatives of
Craigends now began to fear a miscarriage of justice, and presented a
petition against the Justice-General presiding at the trial, alleging in
their petition that he was not a competent judge, because he “stood in
tenderness of blood ” to Lord Semple, and “ was taking plain part in
thair contrar.” The King issued a letter directing justice to be done
and all suspected officials for the time being to be removed. The Master
of Glencairn petitioned further that the Justice-General “ was suspect
to sitt,” inasmuch as he had received David Semple and others of the
accused within the Place and town of Dunoon. The Lords Auditors
therefore counselled the Earl “ to remufe him self to sitt as Judge in
the said mater and to appoint a deputy against whom there was no
suspicion.”
The result of the trial
appears to have been a foregone conclusion. William Lord Semple and nine
others who stood their trial with him were acquitted. On the other hand,
John Stewart cousin of the Laird of Barscube, Matthew Semple servant of
the Laird of Stanely, and James Kirkwood, residing in Kilbarchan, were
beheaded. Robert Master of Semple failed to appear and was put to the
horn, and his father, Lord Semple, was fined a thousand merks for not
producing him. His Lordship was also fined in a similar sum for the
non-appearance of Gabriel Semple, who, like the Master of Semple, was
put to the horn. The plaintiffs in the case were by no means satisfied
with the verdict, and demanded a new trial, but beyond having to pay a
number of fines or the caution money for those for whom he had given
himself as surety, William Lord Semple escaped. There can be little
doubt that so far as the principal actors in the slaughter were
concerned there was a great miscarriage of justice. But to obtain
justice in those, days was not easy.
William Lord Semple
appears to have been thoroughly well supported by his wife, Marion
Montgomery. Some time after his death, on November 8, 1555, she was
charged with a number of serious offences, and having no defence, she “
came in the Queen’s will for consenting to the slaughter of Gilbert
Rankin in Lecheland, committed by the servants of the said Lady, March
17, 1553, under silence of night: and for approving the cruel hurting
and wounding of John Fynne and mutilation of his arm, and the hurting
and wounding of John Roger in sundry parts of his body, to the effusion
of his blood, committed at the same time —by resetting of her servants,
who had committed the said crimes, red-hand, that same night, within the
Castle of Laven, immediately after the perpetration thereof: and also
for approving of the taking and apprehending of Humphrey Malcolmson and
Archibald Scherare, they being conducted by her servants in the same
night to the Castle of Laven, seeing she received them into her said
Castle : also, for the incarceration and subjection of the said persons
in the foresaid Castle by the space of twenty-four hours, without food
or drink ; thereby usurping the Queen’s authority.”
The Semples had feuds
also with the Lyles of Duchal, with Houstoun of that ilk, with the
Polloks, and with the Mures of Caldwell. Like the Glencairns and
Cunninghams, they had their private wars also beyond the bounds of the
county, and on one or more occasions they were in arms against the
Government.
William, fourth Earl of
Glencairn, was taken prisoner at Solway Mossr and ever after was in the
pay of the English. Semple remained true to his country for some time
longer, but he also, as we shall see, finally deserted his Queen and
found salvation in the ranks of the Protestant party—for a while.
The Mures of Caldwell had
fewer private wars than the Cunninghams or the Semples, but they had
enough of them, all of which help to illustrate still further, if any
further illustrations are needed, the utter lawlessness and anarchy of
the times.
As early as October 29,
1409, a remission was granted to John Mure of Caldwell, Archibald Mure
of Polkelly, and Thomas Boyd of Kilmarnock, for the slaughter of Mark
Neilson of Dalrymple. Sir Adam Mure, the son of John Mure, probably of
Cowdams, who succeeded the John Mure just mentioned, is described as “ a
gallant stout man, having many feuds with his neighbours, which were
managed with great fierceness and much bloodshed.” His sons took after
him. Hector, his second son, was killed in a feud at Renfrew, in 1499,
by John and Hugh Maxwell, eldest son and brother of the Laird of Nether
Pollok, with which family the Mures had a longstanding quarrel. They had
another with the Ralstons. On January 24, 1500, a remission under the
Privy Seal was granted to Robert, son of Adam Mure of Caldwell, for the
slaughter of the late Patrick Boure and for “forthocht felony ” done
upon the Laird of Ralston.
John, the second son and
successor of Sir Adam, joined forces with the Earls of Lennox, Arran and
Glencairn, and on February 20, 1515, battered with “ artalzerie,” took
and sacked the “ Castle and Palace ” of Glasgow, then in the possession
of James Beaton, Archbishop of Glasgow, Chancellor of Scotland. The act
was directed against the government of the Duke of Albany, but in that
age it was not always easy to distinguish between private and public
wars. Neither the Regent nor the Chancellor was of a temper to forgive,
and the sacking of the Chancellor’s palace and castle brought the Mures
into considerable trouble. In order to meet his share of the heavy
expenses of the proceedings raised against them, Caldwell was under the
necessity of mortgaging his estates of Camses-kane. Hugh, first Earl of
Eglinton, to whose daughter his eldest son was married, relieved him
from the incumbrance, but at the expense of a Bond of Manrent by which
the Laird bound himself to be the Earl’s man and to render him military
service as long as the sum lent remained unpaid, a condition which
simply involved him still more deeply in the Montgomery-Cunningham feud.
On March 27, 1549, this
same Sir John was indicted for having “with his fyve brothers and
twenty-six others, armed in warlike manner, invaded Robert Master of
Sempill and his servants for their slauchter near the place and tour of
Cauldwell, and put them to flight.” Six years before this he had taken
part with the Earl of Glencairn in the bloody battle called the Field of
the Muir of Glasgow, fought by the Earls of Lennox and Glencairn and
headed by the latter against the Regent Arran. For his share in this
adventure he was held responsible till the year 1553, when he and his
brothers, Archibald Mure in Hill of Beith and James Mure of Boldair,
were granted a remission for it.
Three years before this,
on April 11, 1550, Robert Mure, one of the Laird’s sons, was killed by
Sir Patrick Houstoun of that ilk and others. The records of the
Justiciary Court4 describe the act as “ a crewall slauchter, committed
under silence of night, on ancient feud and forthocht felony.” Two
months later, Archibald Houstoun, the actual perpetrator of the crime,
was tried and beheaded. This, however, was not considered a sufficient
atonement for the deed, and the feud between the two families was not
settled for thirty years. By a written agreement, dated December 7,
1580, between Sir Robert Muir, then of Caldwell, and the same Sir
Patrick Houstoun, the amount of compensation due by Sir Patrick for his
share in the matter was referred to the arbitration of eight of the
leading men in the counties of Ayr and Renfrew. For Sir Patrick, John
Shaw of Greenock, Alexander Fleming of Barrochan, William Wallace of
Johnstone, and John Fullarton of Dreghorne were named; and for Sir
Robert, John Blair of that ilk, John Mure of Rowallan, Thomas Spreull of
Cowdon, and Hugh Ralston of that ilk. The next in succession at
Caldwell, Sir John Mure, whom James V. knighted, was killed, September
20, 1570, by the Cunninghams of Aitkett and the Ryeburns of that ilk,6
who were also amongst those who slew his kinsman, Hugh, third of
Eglinton, April 18, 1586.
There were other and
lesser feuds in the county, such as those between Stewart of Barscube
and Hamilton of Ferguslie, Pollok of that ilk and White-ford of that
ilk, Bruntscheils and Montgomery of Scotstown, Porterfield of that ilk
and Brisbane of Middle Walkinshaw, the Stewarts of Ochiltree and the
Mowats of Busby, the Whitefords of that ilk and the Maxwells of Stanely,
and between Fleming of Barrochan and the Porterfields. Many of these
families were mixed up in the Eglinton and Cunningham feud, which seems
to have fairly well divided the county. But enough has been said to show
how utterly lawless the county was during the centuries immediately
preceding the Reformation. Things were no better when the Reformation
movement began. If they grew worse—and it is impossible to prove they
did not—it was only what might naturally be expected. |