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FRANCIS, NINTH EARL OF ERROLL—FEUD BETWEEN THE G0RDONS
AND THE HAYS, GORDON OF GIGHT’S PROCEEDINGS—HIS TRIAL ADJOURNED, RESUMED,
AND AGAIN ADJOURNED—SETTLEMENT OF THE FEUD.
SOMETIMES rather serious differences arose between the
Lord High Constable and Earl Marischal touching the respective functions
and duties of their offices. This usually occurred on points of duty when
Parliament was sitting. On the 2nd of July, 1606, the Privy Council passed
an Act touching the "privilege and liberty claimed by either of them to
the keeping of the keys of the Parliament House. And the Lords of the
Council, being well advised, and having heard all that was proposed and
alleged by both the parties in this matter, and having heard the
statements of several persons regarding the form and order observing by
them in preceding Parliaments: The Lords of the Council find and
declare—That the keeping of the keys of the Parliament House and the
guarding of the utter bar and gates thereof appertains to the Constable"
It appears, however, that George, fifth Earl Marischal,
was not satisfied with above decision. In July, the following year, the
Privy Council passed another Act touching this matter:—"Forasmuch
as a motion has been made to the Lords of the Privy Council, alleging some
prejudice done to him, by the Lords of Council in the privilege of his
office of Marischalship, during the last Parliament, held at Perth, by
finding that the keys of the Parliament House ought to be delivered and
kept by the Lord High Constable, which the Marischal alleges to be due to
him by the privilege of his office and bygone custom: And touching an
ambiguous word in the last act, that the guarding of the utter bar of the
Parliament House appertains to the Lord High Constable: and William Hay,
agent to the Lord
Constable, being called and heard in the matter, and
all that the Earl Marischal and he had to say or allege being heard by the
Lords of Council and considered: The Lords of Council for avoiding heat,
strife, and contention between Earl Marischal and the High Constable, and
their deputies, and for explanation of their first Act—declare, as before,
that the keeping of the keys of the Parliament House appertains to the
High Constable, and the guarding and keeping of the utter gates of the
Parliament House also appertains to the High Constable; and that he and
his deputies have the charge and command of all outside the gates of the
Parliament House: That the meaning and intention of the word utter bar,
was nothing else but the utter gates: And declare that the guarding of the
inner bar and the charge of all within the gates and doors of the
Parliament House appertain to Earl Marischal."
In spite of the bond of friendship so carefully formed
between the first Marquis of Huntly and Francis, ninth Earl of Erroll, a
feud arose between the Gordons and the Hays of the north. The feud was
caused by George Gordon of Gight. The Gordons of Gight were descended from
Sir William Gordon, third son of George, second Earl of Huntly. Of all the
branches of the Gordons, the Gight family was the most turbulent and
violent.
George Gordon of Gight was a
remarkably headstrong and unruly individual, and firmly attached to the
Roman Catholic Church. A brother of his was slain in a quarrel with
Francis Hay, and in revenge for this, Gordon seized Hay, and under a guard
conveyed him to Aberdeen, in December, 1615 .
There Francis Hay underwent a
mock trial before John Gordon, sheriff-depute of Aberdeen, and a packed
jury connected with the Gordons, He was condemned, of course, and then
carried to the back green of a private house in the Gallowgate, and there
beheaded.
The following year, in the month of
February, Gordon of Gight proceeded with an armed force of men, on horse
and foot, to a field near the burn of Cruden, and there attacked three
young brothers—known as the Hays of Brunthill—and two of them were
severely wounded. They were relatives of the late Francis Hay, who was
executed in the Gallowgate by the Gordons.
The trial of the Laird of Gight for
these crimes was fixed to take place in Edinburgh on the 28th of August,
1616. All the Gordons of the north, with the Marquis of Huntly as their
chief, ranged themselves on one side of the feud, and all the Hays of the
north with the Earl of Erroll as their chief, placed themselves on the
other side. Thus, it was to be a very important "day of law" in Edinburgh.
The utmost precautions had to be taken to preserve the peace in and around
the Tolbooth of Edinburgh.
On the appointed day the trial
commenced, and the Earl of Erroll and other representatives of the Hays
appeared. There were long preliminary statements made and arguments
presented by counsel on both sides; but after these proceedings, the case
was indefinitely adjourned.
The case was resumed the following
year. On the i6th of January, 1617, George Gordon of Gight appeared before
the Lords of the Privy Council and complained that he had been wrongfully
put to the horn for not entering into ward to answer these charges—I, the
persuit of William, George, and Patrick Hay;
2, the slaughter of Francis Hay; and 3,
his not appearing to answer the complaint touching the trouble between him
and the brethren of Brunthill. "As he was never lawfully charged to enter
his person or to appear, and as he had found caution in 6000 merks to
appear this day, and will make payment of 200 merks to the treasurer for
his escheat, he pleaded that the hornings should be suspended." The
pursuer and the King’s Advocate appeared personally, and the Lords in
respect of the Laird of Gight’s appearance before them, suspended the
letters of homing. They ordered him to find caution in a
sum of 5000 merks to keep the peace and appear before them to answer for
his crimes, and to find caution in the books of adjournal for his
appearance before the Justice, under the penalty of 5000 merks. Caution to
be found within 48 hours.
The 26th of February, 1617, was fixed for the trial of
Gordon of Gight. Five of the Lords of the Privy Council were appointed
assessors to the Justice who was to try the case.
At this "day of law" the Government anticipated that
there would be present in Edinburgh a number of noblemen, barons, and
gentlemen—friends of either party, between whom there was already
heart-burning, private grudge, and discontent, and, so it was likely
enough that some trouble might arise:-
"Therefore the Lords of the Privy Council command
letters to be directed charging the officers at arms to proceed to the
Market Cross of Edinburgh, and there by open proclamation to command and
charge George, Marquis of Huntly, as chief of the said Laird of Gight, and
Francis, Earl of Erroll, as chief of the late Francis Hay, and the
brothers (Hays) of Brunthill, as also the parties themselves, and all the
noblemen, barons, and gentlemen of their name, and all their servants,
followers, and dependants, who are already come to this burgh or shall
come to attend and wait upon the said day, for assisting and backing of
any of the parties—that they immediately proceed to their lodgings within
this burgh and continue therein, and no-ways come forth therefrom without
licence of the Lords of Council sought and obtained. And that the parties
themselves in noways presume to come to the Justice Court until the
magistrates of Edinburgh come and make convey to the court, under the pain
of rebellion.... And, suchlike to command, charge, and inhibit all
persons, that none of them be found walking upon the streets of this burgh
after the ringing of the ten o’clock bell at night, under the penalty of
being apprehended, imprisoned, and punished."
The court held eight sittings on the trial of the Laird
of Gight. Able counsel were engaged on both sides, and many technical
objections and long arguments were adduced. But on the 13th
of March, the Lords of the Council ordered the trial to be
posponed to the 18th of June. It seems that the King had intervened, as he
was on grounds of policy very anxious to put an end to this great feud
between the Gordons and Hays, and perhaps he wished to save the Laird of
Gight.
When the 18th of June came, it appeared that the King
had taken the matter into his own hands. Accordingly, letters were sent to
the Marquis of Huntly and the Earl of Erroll, directing them to come to
Edinburgh on the 8th of September, in a peaceable manner, accompanied only
by their household servants; the Marquis of Huntly to bring Gight and John
Gordon with him, and Erroll to bring the brethren of Brunthill.
On the 10th of September, 1677, George, Marquis of
Huntly, George, Lord Gordon, William Gordon of Gight, Sir Alexander Gordon
of Cluny, Gordon of Abergeldie, and John Gordon of Buckie, on the one
side, and Francis, Earl of Erroll, Lord Hay, Hay, a brother of the Earl,
and the Hays of Brunthill on the other side, appeared before the Privy
Council. And it was intimated to them that the King had pronounced his
decree arbitral on the matters in question between them; and that it was
the King’s will that, before disclosing to them the terms of his decree,
they should be reconciled, agreed, and promise to abide by the King’s
decree. They were then asked if they were all content to submit to his
Majesty’s decree? They declared that with all reverence and humility they
would acquiesce to his Majesty’s will and pleasure. Therefore, to show
their willing obedience to the King, they shook hands with one another and
promised to bury all former enmity standing amongst them. Thus ended the
feud between the Gordons and the Hays. |
