The second private captivity of Durie was accomplished on the principle on which an elector is sometimes abstracted. It was for the purpose of defeating his adverse vote on the bench in a cause then before the court. Sir Walter Scott mentions the incident in the notes to the "Border Minstrelsy;" and the reader who remembers his picturesque and spirited narrative may perhaps be amused by seeing how the same event appears in the sober garb of a reporter of decisions. Forbes, in his "Journal of the Session," says-- "Some party in a considerable action before the session, finding the Lord Durie could not be persuaded to think his plea good, fell upon a stratagem to prevent the influence and weight that his lordship might have to his prejudice, by causing some strong masked men kidnap him in the Links of Leith at his diversion on a Saturday afternoon, and transport him to some blind and obscure room in the country, where he was detained captive without the benefit of daylight a matter of three months--though otherwise civilly and well entertained--during which time his lady and children went in mourning for him as dead. But after the cause aforesaid was decided, the Lord Durie was carried back by incognitoes, and dropped in the same place where he had been taken up."[13] [13] Forbes's _Journal of the Session_, preface, p. xviii. During the civil wars of the seventeenth century, the victorious party frequently found it difficult to dispose of their captives. In England many of them were sent to the plantations; and perhaps the idea which this practice communicated to the public, of the value of captives transported to the colonies, may have first instigated those acts of kidnapping against which we have found the Long Parliament protesting. Scotland had no such means of disposing of her prisoners, whose numbers were frequently very inconvenient. Many of them were sent abroad to be soldiers under those continental leaders who were considered on the same side with the victorious party at home; others were subjected to a sort of slavery in this country; but wherever their lot might be cast, their captivity would be very apt to be abbreviated by some revolution in the fortunes of war. A person who preserved accurate notes of political events as they passed under his eye, kept the following very business-like account of the distribution of the common soldiers taken in the battle in which Montrose was made prisoner:--