Stewarts of Balquhidder

[Val]

http://www.archive.org/stream/ancientcrim42pt202pitcuoft#page/392/mode/2up

see p393 on this link - a gruesome trial from 1602! Patrick Stewart of Innervak (which I think is between Comrie and Strowan) was executed for murder of his servant, who had fornicated with his daughter. He cut off his genitals, filling the empty space (!) with hot ashes and cinders ... unsurprisingly the chap took to his bed and died.

William Stewart of Tulloch was his cautioner i.e guarantor - he will have paid money which would have been forfeit if Patrick had not shown up for his trial.

Interesting

[Ryk]

Val

Where do you find this stuff???

This is VERY helpful and revelatory! Aside from being just downright juicy and fascinating! My goodness, our Highland ancestors were a gruesome lot!

This is the earliest reference we have to any Stewart residing in Tulloch. Previously we had speculated the earliest Tulloch was "Robert" Stewart b ca 1600 as a son of the Lednascridan family. This trial document pushes the earliest Tulloch back at least one, or more likely even two, generations earlier in order to have been old enough to have been a cautioner in 1602.

The crime took place in November 1600. Patrik Stewart in Innervak would have to be old enough to have an adult or teen daughter in 1600, making Patrick at least 40 or more likely 50ish at the time. Therefore born ca. 1550-1560.

I would also suggest that Patrik Stewart in Innervak was probably a close relative of William in Tulloch for William to have been willing to be a cautioner for such a horrible crime. My first guess might have been father or brother, but I suspect the document would have mentioned such a close relationship had it been so. Does that seem like a reasonable conclusion to you? So my next guess would be uncle, or possibly first cousin. This would make William likely born ca. 1530-1560, which is going to seriously alter our accounting of the families of Tulloch and Lednascridan!

One of the things this really helps with is the precedence of Tulloch over Lednascridan. Stewarts of the South appears to present Tulloch as the more senior family of the two. However, we had (until now) evidence of Lednascridan being the earlier of the two properties, albeit possessed by an illegitimate line. Previously we'd been unable to account for this apparent discrepancy in seniority, except to say that perhaps Stewarts of the South was mistaken. However, this document now pushes the earliest Tulloch back to a date contemporary with the earliest Lednascridan. Stewarts of the South says the two properties initially belonged to two brothers. We previously assumed these brothers were descendants of Patrick Stewart, 1st of Lednascridan. However, this document suggests that the two brothers could easily have been Patrick Stewart, 1st of Lednascridan and William Stewart of (Dun)Tulloch -- making William Stewart of (Dun)Tulloch potentially another illegitimate brother of James Stewart, 4th of Baldorran.

I think it would be worth our while to translate the trial document into modern English for the sake of our readers who aren't familiar with the ancient wording. I have to admit that some of the legal terms elude me. I'd be willing to do a first draft translation and send it to you for editing if you'd be willing to help with some of the legal jargon.

Meanwhile, I'll spend some time pouring over the implications of this to our accounting of Tulloch and Lednascridan and post a further report.

Great work!

Ryk
_________________
Ryk Brown
Descendant of the Stewarts of Dalveich (Ardvorlich)
Sliochd Iain Dubh Mhor

[Val]

Glad it is useful! I have spent hours today reading about gruesome 16th and 17th century crimes - lots of incest, rape, witchcraft, slaughter, and (my particular favourite), hamesucken, which is still a term used - it is a crime of aggravated assault in Scotland. (It means attacking someone in their own home)

I also found a murder in the early 1600's in Kilmahog (victim was a Buchanan) which I sent to Malcolm.

There are lots of McGregor crimes - very gruesome - burning women for example. No wonder they were persecuted!

Please do send me a transcript and I'll see if I can add anything. I don't understand all the words but I can make a fair stab at it.

In other cases where there is a cautioner, no mention is made of any relationship but I agree you would have to be close to put up the cash!

[Val]

"Barbarous murder etc
3 July 1602 – Patrick Stewart in Innervak

Charged, accused and pursued by Mr Thomas Hamilton of Drumcarne, Advocate to our sovereign lord, in the name of his highness, in respect of the following crimes, namely:

In respect that he, accompanied by ……. Stewart, his brother and Alasdair Rioch his servant, recently, in the month of November, the year of our Lord 1600, having conceived a deadly malice against the late Angus Dow McEwir, his servant, for alleged abusing of …… Stewart, his daughter, in fornication, took and apprehended the said Angus, deceased, and bound him hand and foot as a malefactor, broke his right leg with an axe and thereafter with a sharp knife or dirk , cut away his secret members from him, and put hot ashes and live embers in his secret members’ sack which remained unsevered by cutting; and cruelly de-manned, hurt and wounded him thereby, and thereafter flung him on horseback and conveyed him to the town of Blair Atholl, where the said Angus took to bed, and continued bedbound in great pain and disease for about five days or thereabouts; at last he in the said month of November died as a result of the said cruel handling and so was cruelly and unmercifully slain by them: The said Patrick being art and part of the said cruel slaughter, the like of which cruelty and tyranny was never heard to be committed within this country, neither in highland nor lowland.

Pursuer, Mr Thomas Hamilton of Drumcarne, Advocate
Persons speaking on behalf of Patrick Stewart, Mr John Russell, Mr Alexander King

William Stewart of Tulloch makes formal note of the appearance of the said Patrick Stewart and declares that he as his guarantor should be relieved of his duty, which request was granted.

The accused denies the crime, whereupon the persons speaking on his behalf give formal evidence: also the accused gives evidence that no party appears to pursue the case, except the sovereign’s Lord Advocate, and that no person swore to the indictment (ie the grounds of the charge against him).

Members of the jury : John Stewart Neilson in Foss, (etc)

The Advocate asks the Court to declare that there has been a wilful error if the jury acquit the accused, in view of the accused having made a confession; where he confessed he would have slain his brother if he had let the said Angus go.

Verdict: After reading the indictment to the said Patrick, which was verified by his formally obtained statements, the jury, through the spokesman the Councillor, found pronounced and declared the said Patrick Stewart to be guilty of being art and part in the slaughter of the late Angus Dow McEvir.

Sentence : To be taken to a place beside the market cross of Edinburgh, and there his head to be stricken from his body and all his moveable property confiscated. "(ie all property that is not heritable ie not land or buildings)

(Art and part means aiding and abetting in the perpetration of a crime.)

Pity the brother isn't named.

A few liberties taken with the legal words as some eg "taking instruments" do not have a modern equivalent as procedure has changed. The term "pursuer" (English "plaintiff") is still used although now only in civil matters. In criminal matters they refer to "prosecutor" ... and of course we still have the wonderful job of procurator fiscal, who prosecutes crime in the lower (sheriff) courts. My friend was one - she fondly remembers an accused referring to her as the "percolator thistle "!







Will leave it to you, Ryk, to raise the tone .....

val

[Ryk]

Hahah! I was just about to post my own translation when I see that you've already done one. So here's mine. We can compare:

Barbarous Murder, Etc.

Jul. 3. – Patrick Stewart, in Innervak.

Dilatit (accused), accused, and pursued by Mr. Thomas Hamilton of Drumcarne, advocate to our Sovereign Lord, for his Highness’ interests, of the crimes following, to wit.

Dittay (Indictment) against the Pannell (“The Accused”)

Forasmuch as he, accompanied with ~~~ Stewart, his brother, and Alasdair Reoch, his servant, lately, in the month of November, the year of God 1600 years, having conceived a deadly malice against the umquhile (former) Angus Dow McEwir (McIvor), his servant, for alleged abusing of ~~~ Stewart, his daughter, in fornication, take and apprehended the said former Angus, bound him hand and foot as a malefactor, broke his right leg with an axe, and thereafter, with a sharp knife or dirk, cut away his secret members (genitals)from him and put in hot ashes and embers in the bag of his secret members, while uncut; and cruelly demaned (“de-man-ed”, i.e. made him not a man, castrated him), hurt, and wounded him thereby; and thereafter tossed him on horseback and conveyed him to the town of Blair Atholl; where the said former Angus took to bed, and continued bed-fast, in great dolour (grief) and disease thereof, by the space of five days or thereby; at last he, in the said month of November, deceased, by the said cruel handling; and [fwa?] was cruelly and unmercifully slain by them: The said Patrick art and part of the said cruel slaughter; the likes of which cruelty and tyranny was never heard to be committed within this country, neither Highland nor Lowland.

Forswear, Mr. Thomas Hamilton of Drumcarne, advocate.

Prelocutors (Defence Counsellors) for Patrick Stewart: Mr. Johne Russell, Mr. Alexander King.

William Stewart of Tulloch takes instrument of the entry of the said Patrick; and protests that he, as cautioner, be relieved; which was granted.

The accused denies the crime; whereupon his prelocutors takes instruments: As also the accused takes instruments, that no party appears to pursue, except for our Sovereign Lord’s Advocate; or that no person swear the indictment.

Court of Assize: John son of Neil Stewart in Foss, Alexander Robertson of Fas~~~, Duncan Robertson of Glen~~~, William Stewart in Duntulloch, ~~~ calze, ~~~ ~~~ gennet, ~~~ ~~~, John Charleson, apparent of Johne Ferguson called Baron Ferguson, Mr. Robert Ross of Craigie, ~~~ Menzies (or in Monzie), Baron Ferguson, ~~~ Duncan Robertson of Pitcastle, Charles Robertson in Calie~~~, John Ferguson in Clunie, James Robertson of Killishawie, brewer, ~~~ ~~~, David Baron in Faudowie (according to a footnote he is identified elsewhere in the same court proceedings as David Ferguson in Faudowie and David McDuf of Faudouy, Chancellor of the Assise), Andrew Boyd, portioner of Litill, Robert Robertson of Strowan, Alexander Stewart in Bishoprie (?), ~~~ Dunkeld.

The Advocate protests for wilful error, in case they acquit, in respect of his own confession; where he confessed that he would have slain his brother for letting the said former Angus go.

Verdict: After accusation of the said Patrick be indicted, while was verified by his depositions, the Assize (court), by the mouth of the said Chancellor, find, pronounce and declare the said Patrick Stewart to be fylit (?), culpable and convicted of art and part of the slaughter of the former Angus Dow McEvir (McIvor).

Sentence: To be taken to a place beside the Mercat Cross of Edinburgh, and there his head to be stricken from his body; and all his moveable goods to be forfeit, etc.

The same day, George Leslie, Capt. of Blair, Neil Stewart in Foss, Robert Stewart in Focastle, Alexander McIntosh in Tirenie, George McIntosh, his brother, Alexander Stewart in Bohespic, John Butter in Easter Dunfallandie, Andrew Burt, elder in Cuilt, John son of Robert Stewart in Archgowll, George Naysmith in Laclache, and James Naysmith of Inwar, unlawed{?) each one of them in the pain of one hundred marks; for not appearing and passing upon the Assize, etc.
_________________
Ryk Brown
Descendant of the Stewarts of Dalveich (Ardvorlich)
Sliochd Iain Dubh Mhor

[Ryk]

Your "liberties" are most welcome as they make the text more comprehensible. I'll rely mostly on your translation for the final draft which I will post on the Tulloch page.

FYI - I notice there's a William Stewart in Duntulloch on the jury. The similarity of his name to William Stewart of Tulloch, the cautioner, is, I think, purely coincidental.

Agree with you: pity the brother isn't named! That would have been so helpful!

btw - I'm unable to locate Innervak (or anything similar) anywhere near Comrie or Strowan, or elsewhere in Balquhidder. I'm wondering if it's in Breadalbane? Are you sure of the location?
_________________
Ryk Brown
Descendant of the Stewarts of Dalveich (Ardvorlich)
Sliochd Iain Dubh Mhor

[Ryk]

Hahahah! Thanks for emailing me the link to Gordon's book showing the family of Stewart of Tulloch descended from the family of Stewart of Fincastle. That clears up the confusion on this family and makes me feel like a complete dummy! LOL!

We have the WRONG TULLOCH!

This Tulloch is located in Blair Atholl. Indeed, it's located less than a mile from the town of Blair Atholl, right across the other side of the River Garry. Innervack is three miles to the west. Here:
http://www.multimap.com/s/g5I8Ojj0

Oh and the other Struan/Strowan is located nearby too. Yes there are two of them too.

So, that was a fun little diversion with a family that is not related to the Stewarts of Balquhidder at all! Now I have to go undo my update to the Tulloch page!

Even though this thread is now moot and it's not related to Ardvorlich at all, I'm going to leave this thread here as a reminder to us that there are lots of duplicate place names in Perthshire that we need to be cautious of, and hopefully the trial translation will prove to be interesting reading for people!
_________________
Ryk Brown
Descendant of the Stewarts of Dalveich (Ardvorlich)
Sliochd Iain Dubh Mhor