words, but ‘with jesting and mocking countenance.’ This having been
reported to the Laird, he resolved to punish the young man for the
double offence of abetting the Duries and affronting the Kirkcaldys.
For this purpose he sent six of his men to Leith, where Seton was to
embark on his return journey to the Fifeshire shore, and gave them
instructions to administer a sound castigation with cudgels, but, on
no account to use their arms. Finding himself suddenly attacked, the
young man drew his sword, and used it to such good purpose that one of
his assailants fell seriously wounded to the ground. At the sight of
his blood, his companions forgot the restriction that had been put upon
them, and continued the fray with sharper weapons. Out-numbered as he
was, Seton might have succeeded in reaching the boat that was waiting
for him, if he had not unfortunately tripped and fallen over a cable.
As he lay helpless, some of the aggressors thrust their swords into
him, and left him dead on the shore. After perpetrating this outrage,
they retreated at full speed towards the Castle, closely followed by a
number of the citizens. One of them was captured before reaching the
North Loch, which was frozen at the time, and over which the other
four succeeded in crossing. Here the pursuers were held in check by
the Captain, who having noticed the chase, had come out with a body of
soldiers, and threatened to fire if any further attempt were made to
molest the fugitives.
Fleming, the one man who had been captured, and in whose defence it was
subsequently urged that he was not actually concerned in the murder,
was lodged in the Tolbooth; and his release having been refused,
Kirkcaldy determined to take the law into his own hands, and to set him
free. The Governor must still have had many sympathisers in the city,
for it is stated that ‘the deacons of the crafts were easily persuaded
to assist him in his wicked enterprise.’ Having ordered a battering-ram
to be made ready for use against the prison gate, if force should be
necessary, and got the guns of the Castle loaded and prepared for
action, Kirkcaldy, at the head of a strong body of men, set out,
without noise or clamour, between six and seven o’clock, on a dark
evening, a few days before Christmas, for the purpose of liberating
James Fleming. Men armed with culverins and pikes were posted so as
to prevent access, by any side approach, to the street leading from
the Castle to the prison. Grange and Lord Home stationed themselves
above the Upper Tron, with the object of securing a safe retreat; and
the Laird of Drylaw was sent forward to demand the surrender of the
prisoner. That having been refused by the jailor, the battering-ram
was brought forward, and the gates were forced open. According to
reports circulated at the time, the soldiers not only carried off their
comrade Fleming, but also set free another prisoner--a woman--probably
Bothwellhaugh’s wife, who had been apprehended on a charge of
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