Page:Dictionary of National Biography volume 54.djvu/345

 [q. v.], by Janet Kennedy, eldest daughter of Gilbert, third earl of Cassilis, succeeded his father in 1592. On 11 July 1594 he was summoned before the council at the instance of the inhabitants of Danzig for the spoliation of a ship belonging to that town (Reg. P. C. Scotl. v. 153), but on 24 Dec. was absolved (ib. p. 195). While in Edinburgh he served the king as sewer at the great banquet on the occasion of Prince Henry's baptism on 23 Aug. (, History, v. 342). On 1 March 1600 he had a charter of the earldom of Orkney and the lordship of Zetland (Reg. Mag. Sig. Scot. 1593–1608, No. 1022), and he was served heir to his brother Henry, master of Orkney, on 2 Oct. 1606. Already, however, he had, as Spotiswood states, ‘undone his estate by riot and prodigality’ (History, iii. 213); and in order to secure an income he had resort to the imposition of fines within his jurisdiction for a great variety of trivial or fictitious offences, among his enactments being the specially inhuman one which forbade the supply of relief to vessels in distress (ib.) Gradually he assumed a kind of independent sovereignty, with all its external formalities. While observing in his household the ceremonial of a prince, he never went abroad without a guard of fifty musketeers (History of James the Sext, p. 386), probably intended less as a mark of royal dignity than as a precaution against the ill-will aroused by his oppressions.

Various complaints having been made to the privy council against his cruelty and tyranny without any action being taken against him, the king on 18 Sept. 1608 wrote a letter of expostulation on their remissness to the privy council, who excused their passivity from ‘want of forces;’ but added that if the king himself ‘put his hand thereto,’ they would gladly ‘follow’ (Reg. P. C. Scotl. viii. 531). Finally, on 27 Dec. 1608, Orkney was charged to appear before the council (ib. p. 214), and, having been denounced on 2 March 1609 for not appearing (ib. p. 255), did at last come to Edinburgh, when on 6 June David, earl of Crawford, became surety in 20,000l. that he should keep ward in Edinburgh and the Canongate until relieved (ib. p. 292). In 1609 he was committed to ward in the castle of Edinburgh on general evidence, the final sentence being postponed until special evidence was obtained (ib. pp. 312–13). On 18 July he was relaxed on finding sureties in 20,000l. and giving his great oath not to escape (ib. pp. 322–3); but on 7 Nov. a warrant was issued for keeping him a close prisoner (ib. p. 371), to be ready for his trial, which took place on 11 Dec., and resulted in his being detained a prisoner, while in May 1611 he was discharged of his office of justiciar within Orkney (ib. ix. 185). On 31 Aug. he was released on a band of 50,000l. to remain within four miles of Edinburgh; but in October he was again committed to ward for having sent a commission of justiciary within the bounds of Orkney to his natural son, Robert Stewart (ib. p. 257); and on 27 Feb. 1612 his ward was changed to Dumbarton Castle (ib. p. 346). On 11 June 1612 he was charged to give orders for the surrender of his castles of Orkney and Shetland (ib. p. 388); but although various endeavours were made to induce him to come to terms (ib. vol. x. passim), he utterly declined to do so. In June 1613 a more favourable method of treatment was adopted towards him, his allowance in prison being fixed at 4l. a day (ib. p. 90); but this proving of no avail, he was on 17 May 1614 transported again to Dumbarton (ib. p. 239). Learning that his principal castles had been surrendered to the sheriff, he resolved on measures to re-establish his power; and for this purpose despatched his natural son, Robert, to Orkney, who, gathering a band of the more adventurous spirits, succeeded in recapturing the castle of Orkney and other strongholds, but was finally defeated and taken prisoner by the Earl of Caithness. With five of his accomplices Robert was, on 6 Jan. 1613–14, hanged for rebellion at the market cross of Edinburgh, much ‘pitied,’ says Calderwood, ‘of the people for his tall stature and comely countenance’ (History, vii. 194). In October the earl himself had been brought back from Edinburgh (Reg. P. C. Scotl. x. 274), and on 1 Feb. he was put upon his trial for having instigated his son's rebellion. The main evidence was the confession of his son, who, however, also stated that Orkney had afterwards countermanded the order; but as Orkney himself had twenty days before his own trial confessed that he had instigated the rebellion, and had placed himself in the king's mercy, he was found guilty, and sentenced to be beheaded at the market cross. The ministers sent to wait on him, ‘finding him,’ says Calderwood, ‘so ignorant that he could scarce rehearse the Lord's prayer, entreated the council to delay the execution some few days till he were better informed, and received the Lord's supper’ (Hist. vii. 194). Their petition having been granted, he communicated on Sunday the 5th, and was executed on Monday the 6th. By his wife, Margaret, daughter of William, lord Livingstone, relict of Sir Lewis Bellenden of Auchinoull, lord justice clerk, he left no issue.