University of Virginia Library

NOTE TO CHAPTER XXII.
Note E.—The range of iron bars above that glowing
charcoal.

This horrid species of torture may remind the reader of that to which the Spaniards subjected Guatimozin, in order to extort a discovery of his concealed wealth. But, in fact, an instance of similar barbarity is to be found nearer home, and occurs in the annals of Queen Mary's time, containing so many other examples of atrocity. Every reader must recollect, that after the fall of the Catholic Church, and the Presbyterian Church Government had been established by law, the rank, and especially the wealth, of the Bishops, Abbots, Priors, and so forth, were no longer vested in ecclesiastics, but in lay impropriators of the church revenues, or, as the Scottish lawyers called them, titulars of the temporalities of the benefice, though having no claim to the spiritual character of their predecessors in office.

Of these laymen, who were thus invested with ecclesiastical revenues, some were men of high birth and rank, like the famous Lord James Stewart, the Prior of St Andrews, who did not fail to keep for their own use the rents, lands, and revenues of the church. But if, on the other hand, the titulars were men of inferior importance, who had been inducted into the office by the interest of some powerful person, it was generally understood that the new Abbot should grant for his patron's benefit such leases and conveyances of the church lands and tithes as might afford their protector the lion's share of the booty. This was the origin of those who were wittily termed Tulchan Bishops, being a sort of imaginary prelate, whose image was set

up to enable his patron and principal to plunder the benefice under his name.

There were other cases, however, in which men who had got grants of these secularised benefices, were desirous of retaining them for their own use, without having the influence sufficient to establish their purpose ; and these became frequently unable to protect themselves, however unwilling to submit to the exactions of the feudal tyrant of the district.

Bannatyne, secretary to John Knox, recounts a singular course of oppression practised on one of those titulars abbots, by the Earl of Cassilis in Ayrshire, whose extent of feudal influence was so wide that he was usually termed the King of Carrick. We give the fact as it occurs in Bannatyne's Journal, only premising that the Journalist held his master's opinions, both with respect to the Earl of Cassilis as an opposer of the king's party, and as being a detester of the practice of granting church revenues to titulars, instead of their being devoted to pious uses, such as the support of the clergy, expense of schools, and the relief of the national poor. He mingles in the narrative, therefore, a well deserved feeling of execration against the tyrant who employed the torture, which a tone of ridicule towards the patient, as if, after all, it had not been ill bestowed on such an equivocal and amphibious character as a titular abbot. He entitles his narrative, The Earl Of Cassilis' Tyranny against a quick (i.e.
living) man.

"Master Allan Stewart, friend to Captain James Stewart of Cardonall, by means of the Queen's corrupted court, obtained the Abbey of Crossraguel. The said Earl thinking himself greater than any king in those quarters, determined to have that whole benefice (as he hath divers others) to pay at his pleasure ; and because he could not find sic security as his insatiable appetite required, this shift was devised. The said Mr Allan being in company with the Laird of Bargany, (also a Kennedy,) was, by the Earl and his friends, enticed to leave the safeguard which he had with the Laird, and come to make good cheer with the said Earl. The simplicity of the imprudent man was suddenly abused; and so he passed his time with them certain days, which he did in Maybole with Thomas Kennedie, uncle to the said Earl: after which the said Mr Allan passed, with quiet company, to

visit the place and bounds of Crossraguel, [his abbacy,] of which the said Earl being surely advertised, determined to put in practice the tyranny which long before he had conceaved. And so, as king of the country, apprehended the said Mr Allan, and carried him to the house of Denure, where for a season he was honourably treated, (gif a prisoner can think any entertainment pleasing;) but after that certain days were spent, and that the Earl could not obtain the feus of Crossraguel according to his awin appetite, he determined to prove gif a collation could work that which neither dinner nor supper could do for a long time. And so tho said Mr Allan was carried to a secret chamber: with him passed the honourable Earl, his worshipful brother, and such as were appointed to be servants at that banquet. In the chamber there was a grit iron chimlay, under it a fire; other grit provision was not seen. The first course was,—`My Lord Abbot,' (said the Earl,) `it will please you confess here, that with your own consent you remain in my company, because ye durst not commit yourself to the hands of others.' The Abbot answered, `Would you, my lord, that I should make a manifest lie for your pleasure ? The truth is, my lord, it is against my will that I am here; neither yet have I any pleasure in your company.' `But ye shall remain with me, nevertheless, at this time,' said the Earl. `l am not able to resist your will and pleasure,' said the Abbot, 'in this place.' `Ye must then obey me,' said the Earl,—and with that were presented unto him certain letters to subscribe, amongst which there was a five years' tack, and a nineteen years' tack, and a charter of feu of all the lands (of Crossraguel, with all the clauses necessary for the Earl to haste him to hell. For gif adultery, sacrilege, oppression, barbarous cruelty, and theft heaped upon theft, deserve hell, the great King of Carrick can no more escape hell for ever, than the imprudent Abbot escaped the fire for a season as follows.

"After that the Earl spied repugnance, and saw that he could not come to his purpose by fair means, he commanded his cooks to prepare the banquet: and so first they flayed the sheep, that is, they took off the Abbot's eloathes even to his skin, and next they bound him to the chimney—his legs to the one end, and his arms to the other; and so they began to beet [i.e. feed] the fire sometimes to his buttocks, sometimes to his legs, sometimes to his shoulders and arms; and that the roast might not burn, but that it might rest in soppe, they spared not flambing with oil,

(basting as a cook bastes roasted meat); Lord, look thou to sic cruelty! And that the crying of the miserable man should not be heard, they dosed his mouth that the voice might be stopped. It may be suspected that some partisan of the King's [Darnley's] murder was there. In that torment they held the poor man, till that often he cried for God's sake to dispatch him; for he had as meikle gold in his awin purse as would buy powder enough to shorten his pain. The famous King of Carrick and his cooks perceiving the roast to be aneuch, commanded it to be tane fra the fire, and the Earl himself began the grace in this manner:—`Benedicite, Jesus Maria, you are the most obstinate man that ever I saw; gif I had known that ye had been so stubborn, I would not for a thousand crowns have handled you so; I never did so to man before you.' And yet he returned to the same practice within two days, and ceased not till that he obtained his formost purpose, that is, that he had got all his pieces subscryvit alsweill as ane half-roasted hand could do it. The Earl thinking himself sure enough so long as be had the half-roasted Abbot in his awin keeping, and yet being ashamed of his presence by reason of his former cruelty, left the place of Denure in the hands of certain of his servants, and the half-roasted Abbot to be kept there as prisoner. The Laird of Bargany, out of whose company the said Abbot had been enticed, understanding, (not the extremity,) but the retaining of the man, sent to the court, and raised letters of deliverance of the person of the man according to the order, which being disobeyed, the said Earl for his contempt was denounced rebel, and put to the horne. But yet hope was there none, neither to the afflicted to be delivered, neither yet to the purchaser [i.e. procurer] of the letters to obtain any comfort thereby ; for in that time God was despised, and the lawful authority was contemned in Scotland, in hope of the sudden return and regiment of that cruel murderer of her awin husband, of whose lords the said Earl was called one; and yet, oftener than once, he was solemnly sworn to the King and to his Regent."

The Journalist then recites the complaint of the injured Allan Stewart, Commendator of Crossraguel, to the Regent and Privy Council, averring his having been carried, partly by flattery, partly by force, to the black vault of Denure, a strong fortalice, built on a rock overhanging the Irish channel, where its ruins are still visible. Here he stated he had been required

to execute leases and conveyances of the whole churches and parsonages belonging to the Abbey of Crossraguel, which he utterly refused as an unreasonable demand, and the more so that he had already conveyed them to John Stewart of Cardonah, by whose interest he had been made Commendator. The complainant proceeds to state, that he was, after many menaces, stript, bound, and his limbs exposed to fire in the manner already described, till, compelled by excess of agony, he subscribed the charter and leases presented to him, of the contents of which he was totally ignorant. A few days afterwards, being again required to execute a ratification of these deeds before a notary and witnesses, and refusing to do so, he was once more subjected to the same torture, until his agony was so excessive that he exclaimed, "Fye on you, why do you not strike your whingers into me, or blow me up with a barrel of powder, rather than torture me thus unmercifully?" upon which the Earl commanded Alexander Richard, one of his attendants, to stop the patient's mouth with a napkin, which was done accordingly. Thus he was once more compelled to submit to their tyranny. The petition concluded with stating, that the Earl, under pretence of the deeds thus iniquitously obtained, had taken possession of the whole place and living of Crossraguel, and enjoyed the profits thereof for three years.

The doom of the Regent and Council shows singularly the total interruption of justice at this calamitous period, even in the most clamant cases of oppression. The Council declined interference with the course of the ordinary justice of the county, (which was completely under the said Earl of Cassilis' control,) and only enacted, that he should forbear molestation of the unfortunate Comendator, under the surety of two thousand pounds Scots. The Earl was appointed also to keep the peace towards the celebrated George Buchanan, who had a pension out of the same Abbacy, to a similar extent, and under the like penalty.

The consequences are thus described by the Journalist already quoted.

"The said Laird of Bargany perceiving that the ordiner justice could neither help the oppressed, nor yet the afflicted, applied his mind to the next remedy, and in the end, by his servants, took the house of Denure, where the poor Abbot was

kept prisoner. The bruit flew fra Carrick to Galloway, and so suddenly assembled herd and hyre-man that pertained to the band of the Kennedies; and so within a few hours was the house of Denure environed again. The master of Cassilis was the frackast [i.e. the readiest or boldest) and would not stay, but in his heat would lay fire to the dungeon, with no small boasting that all enemies within the house should die.

"He was required and admonished by those that were within to be more moderate, and not to hazard himself so foolishly. But no admonition would help, till that the wind of an hacquebute blasted his shoulder, and then ceased he from further pursuit in fury. The Laird of Bargany had before purchest [obtained] of the authorities, letters, charging all faithfull subjects to the King's Majesty, to assist him against that cruel tyrant and mansworn traitor, the Earl of Cassilis; which letters, with his private writings, he published, and shortly found sic concurrenee of Kyle and Cunyngbame with his other friends, that the Carrick company drew back fra the house: and so the other approached, furnished the house with more men, delivered the said Mr Allan, and carried him to Ayr, where, publicly at the market cross of the said town, he declared how cruelly he was entreated, and how the murdered King suffered not sic torment as he did, excepting only he escaped the death: and, therefore, publickly did revoke all things that were done in that extremity, and especially he revoked the subscription of the three writings, to wit, of a fyve yeir tack and nineteen year tack, and of a charter of feu. And so the house remained, and remains (till this day, the 7th of February, 1571,) in the custody of the said Laird of Bargany and of his servants. And so cruelty was disappointed of proffeit present, and shall be eternallie punished, unless he earnestly repent. And this far for the cruelty committed, to give occasion unto others, and to such as hate the monstrous dealing of degenerate nobility, to look more diligently upon their behaviuours, and to paint them forth unto the world, that they themselves may be ashamed of their own beastliness, and that the world may be advertised and admonished to abhor, detest, and avoid the company of all sic tyrants, who are not worthy of the society of men, but ought to be sent suddenly to the devil, with whom they must burn without end, for their contempt of God, and cruelty committed against his creatures. Let Cassilis

and his brother be the first to be the example unto others. Amen. Amen."

This extract has been somewhat amended or modernized in orthography, to render it more intelligible to the general reader. I have to add, that the Kennedies of Bargany, who interfered in behalf of the oppressed Abbot, were themselves a younger branch of the Cassilis family, but held different politics, and were powerful enough in this, and other instances, to bid them defiance.

The ultimate issue of this affair does not appear; but as the house of Cassilis are still in possession of the greater part of the feus and leases which belonged to Crossraguel Abbey, it is probable the talons of the King of Carrick were strong enough, in those disorderly times, to retain the prey which they had so mercilessly fixed upon.

I may also add, that it appears by some papers in my possession, that the officers or Country Keepers on the border, were accustomed to torment their prisoners by binding them to the iron bars of their chimneys, to extort confession.