Lord Rutherford, whom we have seen so recently figuring in the romantic affair of the _Bride of Baldoon_, was now engaged in one of a very different kind--prosecuting a Captain Rutherford for the improbation of certain documents believed to have been forged by him, in order to establish claims on the estate of his lordship’s late brother, the second lord. The captain, after lying a long time in the Tolbooth of Edinburgh, was sent for by the Lords of Session (July 27, 1671) to be interrogated about the case. As he was coming along under the care of Robert Hamilton, macer of the court, ‘he pretends there were some papers in Colliston’s chamber in Bess Wynd, which would be of great use to him if he took them with him; and therefore begged leave to fetch them, and paroled he should presently return. The macer trusting him simply, Rutherford makes his escape; the rumour whereof running up and down the town, Towie Barclay, who was but lately released from his confinement in Glasgow, comes in to the Lords in the Inner House, and proffered to find him out and fetch him again within an hour; which accordingly he did with a great deal of zeal, expressing that he could not abide cheatry by anything in the world; such persons know one another’s lurking-places so weel.’--_Foun._ Captain Rutherford was kept in prison seven years, while justice hesitated about his deservings; but at length, on Sir George Mackenzie coming in as king’s advocate, with resolutions to be more vigorous, the culprit was tried along with William Rutherford, messenger, for the crime of forging writs, and both were soon after (November 28, 1678) executed in the Grassmarket. * * * * * [Sidenote: AUG.] [Sidenote: 1670.]