Page:A biographical dictionary of eminent Scotsmen, vol 5.djvu/137

Rh exclusively aimed at Albany. Then, wherefore the arrest of the others? Because, it is said they were the friends of the late regent, and might have defeated the ends of justice had they been left at liberty, or at least might have been troublesome in the event of his condemnation. But how is this to be reconciled with the fact, that several of those arrested with Albany were of the jury that found him guilty on his trial, which took place a few weeks afterwards? All that we certainly know of this matter, is, that Murdoch was committed a close prisoner to Carlaveroc castle, while his duchess, Isabella, shared a similar fate in Tantallon, and that the king immediately after seized upon, and took possession of his castles of Falkland in Fife, and Downe in Menteith ; that soon afterwards, Albany, with his two sons, Walter and Alexander, together with the aged earl of Lennox, were brought to trial, condemned to death, and beheaded. The principal offence, so far as is known, for on this point also, there is much obscurity, charged against those unfortunate persons, was their having dilapidated the royal revenues while the king was captive in England. The fate of the two sons of the regent, who were remarkably stout and handsome young men, excited a good deal of commiseration. The moment their sentence was pronounced, they were led out to execution. Their father and Lennox were beheaded on the following day. The scene of this tragedy was a rising ground immediately adjoining Stirling castle.

It is not improbable, that circumstances unknown to us may have warranted this instance of sanguinary severity on the part of the king; but it is unfortunate for his memory, that these circumstances, if they did exist, should be unknown; for as it now stands, he cannot be acquitted of cruelty in this case, as well as some others, otherwise than by alleging, that he was incapable of inflicting an unmerited punishment, a defence more generous than satisfactory. The parliaments, however, which James convoked, continued remarkable for the wisdom of their decrees, for the number of salutary laws which they enacted, and for the anxiety generally which they discovered for the prosperity of the kingdom. Amongst the most curious of their laws is one which forbids any man who has accused another, from being of the jury on his trial! It is not easy to conceive what were the notions of jurisprudence which permitted the existence of the practice which this statute is meant to put an end to. The allowing the accuser to be one of the jury on the trial of the person he has accused, seems an absurdity and impropriety too palpable and gross to be apologized for, even by the rudeness and barbarity of the times. Another curious statute of this period enacts, that no traveller shall lodge with his friends, but at the common inn. The object of this was to encourage these institutions, only about this time first established in Scotland. They seem, however, very soon to have become popular, as it was shortly afterwards enjoined by act of parliament, that no one should remain in taverns after nine o'clock at night. This of course was meant only to apply to those who resided near the spot, and not to travellers at a distance from their homes.

The subjugation of the Highlands and Isles next occupied the attention of the stern and active monarch. These districts were in the most lawless state, and neither acknowledged the authority of the parliament nor the king. With the view of introducing a better order of things into these savage provinces, and of bringing to condign punishment some of the most turbulent chieftains, James assembled a parliament at Inverness, and specially summoned the heads of the clans to attend it. The summons was obeyed, and about fifty chieftains of various degrees of note and power arrived at Inverness at the appointed time, and were all made prisoners; amongst the rest, Alexander, lord of the Isles. Several of them were instantly beheaded after a summary trial, the others were