• Andrew, Lord Gray (principal Justiciar, for whom Guthrie acts as depute)
• George Tuedy (accused)
• William Young (the deceased, described as a common thief)

Slaughter of a Common Thief. 18 December (Thursday, the fifth day of the Ayre). — George Tuedy delated of art and part of the Slaughter of William Young; and being accused thereof, the foresaid Justice depute, with the counsel and advice of the Lords then sitting as Assessors to him, because it clearly appeared that the said William had been and was a common Thief, as was proved by sundry of the King’s Letters under his signet and subscription-manual for taking the said William, etc., and that he had been slain in the commission of Theft and crimes: Therefore the said George was acquitted of the crime of the foresaid Slaughter; and command was given to the Justice Clerk that the said George should never thereafter be taken or indicted for the same.

• William Borthwick of Crukstoune (the injured party)
• John Lord Hay of Yester (owner of the lands where the sheep were grazing)
• Andrew Purves and ten others (found security to appear for the same crime)

• Patrick Annand (the deceased / injured party, described as “vmqle” – the late)

• Various members of the royal household (William Baird, James Wod, Normond Lesley, Patrik Kircaldy, James Watsoune, Johnne Tennent, and others listed in the same item)

• Robertus Rait, Robertus Wishart, Joannes Richie, and Joannes Fettes (the accused)
• Willelmus Sibbald (the injured party, brother of David Sibbald of Cair)
• George, Commendator of the Monastery of Arbroath
• Willelmus Rait de Halgrene (additional pledge for the administration of justice)

By Archibald Guthrie, bailie in this part for George, Commendator of the Monastery of Arbroath, by virtue of the commission of the same, they were replegiated to the privilege and jurisdiction of his Regality, as if dwelling within the bounds of the same; assigning the third day of the next ayre of the said Regality, or elsewhere upon fifteen days’ premonition, for their appearance to underlie the law for the said crime.

Pledge: Alexander Guthrie of Kincaldrum, for their entry to underlie the law for the said crime; and the foresaid William Rait of Halgrene became pledge for the administration of justice in the premises, according to the form of law.

• Robert Rynd and Johanne Fergusoune, burgesses of Edinburgh (pledges / sureties)

• Sir David Grahame of Fintry, knight, and his brothers Walter and James Grahame (the accused)
• Johnne Pegot (the person alleged to have been taken)
• Robert Belouch / Betoune of Westhall (the rebel with whom they were accused of intercommuning)

Assize: Gilbert Ogilbye of that Ilk, George Gray of Scheilhill, David Rossie of that Ilk, Thomas Fotheringhame of Powrie, George Drummond of the Blair, David Lindesay of Edzell, Alexander Guthre of that Ilk, Robert Durhame of the Grange, David Guthre, fiar of Kincaldrum, George Haliburtoune of Petcure, Henrye Guthere of Colestoune, The Laird of Auchinlek, Robert Erskyn, fiar of Dun, George Somer of Balzordie, Alexander Lauder of Winmoquhe.

• Williame Thrisle in Dundie, skipper of the Nychtingall, and others (the accused)
• Robert Watsoun in Leyth (the deceased)
• Elizabeth Andersoun, relict of the deceased, and the three fatherless children (pursuers)

Prelocutors in defence: The Constable of Dundee, Mr Johnne Scharp, The Laird Eggell, Mr Alexander Guthre, The Master of Glammis, Mr Richard Strang.

Verdict: On the margin of the Record, ‘Omnes Acquit, de omnibus infra script.’ (All acquitted of all the crimes written below.)

• James Wod of Bonyngtoune (accused of art and part in the slaughter)
• Richard Maitland of Lethingtoune (surety)

• James Hay of Mayne and George Monro of Dalcarthy (fellow accused)
• Elizabeth Douglas, Lady of Pittendreich (whose tenants and servants were attacked)
• Alexander Robertsone in Pittendreich and Alexander Henry in Brounsyde (the wounded parties)

Guthrie and two others [ordered] to answer at the next ayre of Elgin and Forres. — (30 April) Amerciated for non-appearance, (and denounced rebels).

• James Schoriswod (accused of the slaughter of Lady Ullesthaven)
• Helene Stirling, Lady Ulleshevene (the deceased)
• James Stratoune and James Lychtoun, Parson of Dunloppy (who offered to pursue the case)

• James Wod of Bonyngtoune and William his brother (co-accused)
• Lord Ruthven (cautioner)
• Cristeane Rettray and William Tyrie (her spouse) – pursuers (who passed from the pursuit of the Laird at this time)
• Mr John Hepburne in Brechin and John Low (additional sureties for assythment)

Cristeane Rettray and William Tyrie, ‘now her spouse,’ pursuers, ‘pass from the pursuit of the Laird at this time’; whereupon the Laird took instruments.

The said William Wod ‘asked instruments that he required the Laird, his brother, to read the special Remission granted to him and the said William and others for the said Slaughter, to the effect that he might use the same.’ The said Laird ‘answered that he had already produced a Remission sufficient for the said William for the said crime.’

Mr John Hepburne in Brechin and John Low became sureties along with the said William for Assythment of party.

• Maister Johne Spens, Dauid Symmer, Mr Robert Glen (Bailies)
• Eduard Houpe, James Barroune, Alexander Park (Treasurer), and other Councillors
• William Patersoune (the prisoner who was released)
• Nicoll Ȝoung (the injured party who later died of his wounds)
• The Queen’s Advocates (pursuers)

The Queen’s Advocates required Alexander Guthrie, Common Scribe of Edinburgh, in the Queen’s name, to produce immediately the Common Book in which the Acts concerning the release of William Patersoune were recorded.

An Act dated 15 March 1563, produced by the Advocate and subscribed by Alexander Guthrie, was also brought into the proceedings.

• William Douglas, Master of Angus (the person for whom caution was found)
• William, Earl of Angus (his father)
• William, Maister of Angus and David Grahame of Fintrie (the preceding entry on the same page, who had been ordered to lose their liferents for declining the true religion)

(Subscribed) Alexander Guthrie, apparent of Kincaldrum.

• David, Earl of Crawford (listed with Guthrie of that Ilk for the same appearance date)
• Numerous other nobles and lairds charged on various dates (Master of Eglintoun, Earl of Glencairn, Earl of Montrose, etc.)

23 December. — ‘Charge against persons under deadly feud,’ to appear before the King and Council ‘at Haliruidhous;’ and ‘that they keep their lodgings after their coming, until they be specially sent for,’ etc.

… David, Earl of Crawford, and . . . Guthrie of that Ilk, upon 8 February …

To underlie such order as shall be prescribed touching the removing of the said feuds, etc. With certification that if they fail, ‘they shall be reputed, held and pursued with fire and sword, as enemies to God, his Majesty, and to the common weal and quietness of this their native country, with all rigour and extremity.’

• Thomas Gardyn, sometime in Bandoch, now in Legatstoun (the accused)
• Mr Jacobus Fowlis (Justice-Depute)
• Mr David Peirsoun (who produced the royal warrant)

[Mr Jacobus Fowlis, Justice-Depute, constituted by commission of our sovereign lord the King.]

Slaughter.

8 June. — Thomas Gardyn, sometime in Bandoch, now in Legatstoun.

Compeared James Guthrie of Gagye, and produced our sovereign lord’s letters, duly executed and endorsed, which had been purchased by Isobel Wod, Lady Guthre, the relict; James Guthre of Gagye; David and Gabriel Guthries, sons; together with the kin and friends of the late Alexander Guthre of that Ilk. These letters were to take surety of Thomas Gardyn, sometime in Bandoch, now in Legatstoun, that he should compear before our Sovereign’s Justice and his Deputes this day and place, and underlie the law for art and part of the cruel slaughter of the said late Alexander Guthre of that Ilk. He desired process thereupon, and protested that he, as cautioner, should be relieved of his cautionary obligation.

Compeared Mr David Peirsoun, and produced a Warrant of his Majesty, dated at Linlithgow the 4th day of June instant, to desert the diet; and he desired that the same should be obeyed. The tenor of the Warrant follows:

REX,

Justice, Justice-Clerk and your deputes, We greet you well. Forasmuch as it is understood to us that our other Letters have been raised, at the instance of the children, kin and friends of the late Alexander Guthre of that Ilk, and of our Advocates for our interest, for calling of Thomas Gardyn of Bandoch to underlie our laws before you, upon the 8th day of June instant, for art and part of the Slaughter of the said late Alexander, as our said Letters at length bear: Notwithstanding whereof, in respect We have already caused that deadly feud standing between the houses of Gardyn and Guthre, among others, to be assured and submitted to certain of our Council, Barons and Ministers, for reconciliation and removing thereof; all such pursuits would in the meantime be stayed that may hinder the same: And therefore it is our will, and We command you, that upon the sight hereof you desert the said diet, appointed the said 8th day of June instant; and in no wise unlaw the said Thomas nor his cautioner for not entering thereat, but desist from all manner of proceeding therein; that according to the submission, the remaining of the feud may be the better handled, and proceed without impediment. As you will answer to us upon your office and obedience: Whereanent these presents shall be your warrant. Subscribed with our hand, at Linlithgow, the 4th day of June, 1596.

(Signed) JAMES R.

Which Warrant the Justice obeyed, and thereupon deserted the said Court, in respect that no contrary warrant was produced.

• George Home in Aytoune (the accused)
• Williame Murray, burgess of Edinburgh (the victim of the robbery)

Delated of umbesetting of William Murray, burgess of Edinburgh, upon Coldingham-moor, and masterfully stealing from him of one thousand three-score seven pounds 4s. 4d. in gold and silver.

Compeared Mr David Guthrie, as prelocutor for William Murray, who has special interest in this matter; and desired this matter may continue until the morrow, that he may come sufficiently instructed with probationes, that (he) cannot have for the present. — The pannel desired that he might be put to the knowledge of an Assize of country men.

31 January. — Compeared William Murray, merchant burgess of Edinburgh, and produced a Warrant, subscribed by the King’s Majesty… [ordering the proceedings against George Home to be stayed until further warrant].

• Johne Rynd, younger of Kerse
• Arthour Erskyn, portioner of Auchterforfar
• Mr Robert Lyntoune and Mr Thomas Hammiltoune of Drumcarne (Advocates / pursuers)

Delated of art and part of the slaughter of the late James Guthrie, son to Alexander Guthrie (elder) of that Ilk; committed in June last bypast.

The Justice continues this matter to the morrow; and the Assize, compearing, were warned personally to compear the morrow; each person under the pain of two hundred marks.

15 December. — Continued to 18 December; the Inquest of new to compear the said day.

18 December. — Continued to the Justice-aire of the sheriffdom of Forfar, or sooner upon 15 days’ warning.

• Thomas Gairdyn of Legatstoune (the accused)
• William Stewart of Seytoun and George Gardin of Latoune (cautioners)

Delated of art and part of the slaughter of the late Alexander Guthrie of that Ilk; committed in the month of October, the year of God 1587, by way of Hamesucken, beside the Place of Inverpeffer, upon set purpose, provision, old feud and forethought felony.

Pursuer: Alexander Guthrie, younger of that Ilk.

The pannel produced our sovereign lord’s Remission under the Great Seal, dated at Aberdeen the first day of August 1589, granted by his Highness for the said crime, and took him thereto: Which was admitted by the Justice-depute, who ordained him to find caution and surety to satisfy the party, as law will: Like as, the said Thomas, for obedience of the said ordinance, found William Stewart of Seytoun, George Gardin of Latoune, and himself.

• James, Master of Ogilvie; Sir Johne Ogilvie of Craig; Mr Dauid Ogilvie; Frances Ogilvie (the principal accused, brothers)
• James Gordoun (servant to the Master)
• Johne Barclay (son to George Barclay of the Syde)
• Patrick Rynd (the deceased, son of William Rynd of Kerse)
• Alexander, Lord Spynie (the wounded party)

Delated of art and part of the slaughter of the late Patrick Rynd, son to William Rynd of Kerse; and of the hurting of Alexander, Lord Spynie, in the head; committed in March last bypast.

Mr Oliver Colt produced a Warrant, directed to the Treasurer and Advocate, for deleting of Patrick Guthrie; whereof the tenor follows:

REX,

Treasurer and Advocate, We greet you well. It is our will, and We command you, that, upon the sight hereof, you delete Patrick Guthrie of Pitmowes forth of the criminal summons raised at your instance against the Master of Ogilvie, and such as accompanied him on the fields at the late Conflict between him and our cousin the Lord of Spynie; so that he be in no wise called nor pursued therefore: As you will answer to us upon your offices and obedience: Whereanent these presents shall be your warrant. Subscribed with our hand, at Holyroodhouse, this 28th day of June, 1600.

(Signed) JAMES R.

Which Precept the Justice, with advice of Alexander, Master of Elphinstoun, and Mr Thomas Hamilton, admitted; and ordained no process against the said Patrick Guthrie nor his cautioner.

• George Meldrum, younger of Dumbreck (the accused)
• Mr Alexander Gibson (Clerk of Council and Session; principal victim who was held longer)
• Mr Alexander Livingston, advocate
• Andro Meldrum of Achquharteis (brother of the accused; also a victim in earlier incidents)

… being advertised of the said Mr Alexander’s diet by a fellow called Craik, the said George Meldrum’s own man, whom he sent to espy the said Mr Alexander’s diet within the City of St Andrews; at the which time he set upon the said Mr Alexander Gibson, Mr Alexander Livingston, advocate, and Robert Guthrie, servant to the said Mr Alexander Gibson, within the bounds of the sheriffdom of Fife, beside the Water-side of Dundee, where they were in sober and quiet manner riding for the time, dreading no harm, injury, or pursuit of any persons, but to have lived under God’s peace and our sovereign lord’s: and there cruelly invaded them for their slaughters, and compelled them to render themselves to the said George and his complices foresaid; and treasonably put violent hands in their persons, took them captives and prisoners, had and convoyed them away with him out of the way, and beside Cupar-in-Fife (he being a landed gentleman), treasonably, by way of masterful stouthreif, reft from them their purses, with certain gold and silver being therein, extending to the quantity of three hundred marks or thereby; and thereafter convoyed them to the town of Kinghorn, where he dismissed the said Mr Alexander Livingston and Robert Guthrie: And thereafter convoyed the said Alexander Gibson, and brought him with themselves over the ferry of Kinghorn to Leith…

• Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (the deceased)
• Mr Robert Gairdin, younger of Blairtoune (pursuer)
• George Leslie, fiar of Kincraigie (pledge/surety for the accused)

Delated of art and part of the Slaughters of the late Patrick Gairdin of that Ilk, and the late Robert Gairdin of Tullois, committed in the month of . . . . 1588.

Pursuer: Mr Robert Gairdin, younger of Blairtoune.

George Leslie, fiar of Kincraigie, became pledge and surety that he shall compear before the Justice or his deputes, the third day of the next Justice-aire of the sheriffdom of Aberdeen, or sooner, upon 15 days’ warning.

• Alexander, Lord Spynie (the deceased)
• Dame Jeane Lyoun, Lady Spynie (the relict)
• Alexander, Master of Spynie (eldest son)
• David, Earl of Crawford, Lord Lindsay, and other Lindsay kin (pursuers)
• David Lyndsay, fiar of Edzell, and several other Lindsays and associates (the accused)

Compeared George Guthrie, servant to the late Alexander, Lord Spynie, and produced our sovereign lord’s Letters, duly executed and endorsed, purchased at the instance of Dame Jeane Lyoun, Lady Spynie, the relict; Alexander, Master of Spynie, eldest son; David, Earl of Crawford, Lord Lindsay, etc., Sir Harie Lindsay of Carriestoun, knight, Sir Johnne Lindsay of Woidwrae, knight, as brothers, with the remaining kin and friends of the late Alexander, Lord Spynie; to take surety of the said David, etc., that they should compear before the Justice or his deputes this day and place, in the hour of cause, to underlie the law, for art and part of the Slaughter of the said late Alexander, Lord Spynie. By the which Letters, the said persons were denounced our sovereign lord’s rebels and put to the horn. Upon the production whereof, the said George Guthrie asked instruments, and protested for relief of Harie Lyndsay of Carrestoune, cautioner for reproduction thereof.

• The young Laird of Edzell (Sir David Lindsay) and his complices
• The young Laird of Pittarrow (Wishart) and his complices
• Alexander, Lord Spynie (whose later death in 1607 is the main subject of the surrounding case)

“The 17 of June (1605) a combat or tulzie foughten at the Salt-tron of Edinburgh, between the Laird of Edzell, younger, and his complices, and the young Laird of Pittarrow, Wishart. The fight lasted from 9 hours at night till 11 at night, two hours! There were sundry hurt on both sides, and one Guthrie slain, which was Pittarrow’s man; a very pretty young man. The 18 day they were accused before the Council, and warded.”

And further:

“… the Lords, having respect to the Slaughter of William Guthrie, servant to Pittarrow, had commanded him [Edzell] to ward, albeit he understood the said Guthrie to have received no wounds, but to have been smothered in the throng…”

• Patrick Gairdin of that Ilk (the deceased)
• Robert Gairdin, oy (grandson) to the defunct (pursuer)
• Mr Thomas Hoip (prelocutor for the pannel)

Delated of art and part of the Slaughter of the late Patrick Gairdin of that Ilk; committed in May 1578.

Pursuers: Robert Gairdin, oy to the defunct; Mr Thomas Henderson, substitute to the Lord Advocate. Prelocutor for the pannel: Mr Thomas Hoip.

The pannel takes instruments of his entry; and produced a Respite, under the Privy Seal, of the date 24 January 1600, made and granted for the space of 19 years: And, in respect thereof, alleged that the Justice could not put him to the trial of an Assize. — It is answered, that the Respite is null; in respect, conform to the Act of Parliament, he should have satisfied the party, and shown a Letter of Slains thereupon.

The Justice admits the Respite produced; and Ordains the pannel to find caution to satisfy the party; who found Alexander Guthrie, fiar of that Ilk, cautioner with himself, to satisfy the party; conform to the laws of this realm.

• Robert Gairdin of Tullois (the deceased)
• Robert Gairdin (only son of the deceased) and Mr Robert Gairdin, apparent of Blairtoun (pursuers)

Delated of art and part of the Slaughter of the late Robert Gairdin of Tullois; committed upon the Muir called Carbundow-muir, in the highway between Brechin and Dundee, in the month of November 1589; upon set purpose, provision, and forethought felony.

Pursuers: Robert Gairdin, as only son to the late Robert Gairdin of Tullois; Mr Robert Gairdin, apparent of Blairtoun…

Prelocutors in defence: Mr Johnne Russell, the Laird of Guthrie.

The said William Guthrie took him to our sovereign lord’s Respite, given and granted to him by his Majesty, under the Privy Seal, for the said Slaughter, for the space of nineteen years after the date thereof; which is of date, at Holyroodhouse, the 24th day of January 1600…

The Justice… Admits the said Respite; and ordained the pannel to find caution to satisfy the party pursuer… Who, for obedience of the said Justice ordinance, found, with himself, Alexander Guthrie, fiar of that Ilk, cautioners, etc.

• Alexander Thomesone, skinner, burgess of Edinburgh (brother to Johnne Thomesone in Leith)
• Jonet Cuthbert (both co-accused of adultery; they received mitigated sentences of banishment by royal warrant)

Delated of the crimes of Adultery, committed by them, in manner, and at the times specified in their Dittays.

The pannels acknowledge the crimes contained in their several Dittays, and crave God and the King’s Majesty’s pardon; and offer themselves in his Majesty’s will therefor.

[Verdict of guilty follows. Alexander and Jonet receive mitigated sentences of banishment by royal warrant.]

Sentence against Johnne Guthrie, alias Williame Laird.

… His Majesty’s Warrant… to accuse and pursue… Johnne Guthrie, for marriage of two wives, and keeping (besides them) of a third woman for his concubine; which being a crime so odious and intolerable amongst Christians, and meriting to be most exemplarly punished… to cause pronounce and execute Doom and Sentence of Death against him…

The Justice Ordained the said Johnne Guthrie, alias Laird, to be taken to a gibbet, beside the Cross of Edinburgh, and there to be HANGED until he be dead; and all his moveable goods to be escheat and inbrought to his Majesty’s use, &c.

• Robert Symmer, son to the Laird of Balzordie (the accused)
• David Graham, son to the late James Grahame of Leuchland (the deceased)
• James Grahame (brother of the deceased) and other pursuers

ASSISA … David Gairdin of Lawtoun, Patrik Guthrie of Kinblakmonth, Williame Carnagy, skynner, burgess of Edinburgh…

Verdict The Assize… all in one voice, by the mouth of the said Johnne Udny, chanceller, found the said Robert to be Fyled, culpable, and convict of the said Slaughter.

Sentence To be taken to the Mercat-cross of Edinburgh, and there his head to be struck from his body; and all his moveable goods to be escheat, &c.