being ane obscure place and myles distant from the said hous of Boignie where they keiped him prisoner ... in his wounds be the space of threi days, _tanquam in privato carcere_; and then, deserting and leaving him, he was upon the threttein day of the said month by the help of some friends caryed to the burgh of Aberdeine, where he lay languishing of the said wounds and the bad usage which he had receaved of the foir-named persons, and then dyed of the samyne and sua was cruelly and unnaturally killed and murdered be them; of which murder under trust, at least slaughter committed upone precogitat malice and forethought felony, as also of the said usurpatione of His Majestie’s authority in takeing and apprehending unwarrantably ane frie leidge, the foirsaids persons and ilk ane of them, as also the said James Crichtoune of Kinairdie by whose instigation and hunding out the foirsaids crymes of slaughter upon foirthought felony and precogitat malice and usurpation of His Majestie’s authoritie were committed and are actors airt and pairt, and the samyne being found be ane assize they aught to be punyshed theirfor in their persons and goods to the terour and example of utheris to commit the lyk heirafter.’ Surely this was not a case for the King’s leniency; yet because Francis Crichtone was a Roman Catholic, and favoured by the Duke of York, a warrant came from His Majesty for the suspension of the trial of Francis Crichtone. ‘Compeired Mr George Mackenzie advocate, and produced ane letter from His Majestie directed to the Justice General and Justice depute whereof the tenor follows, Superscribed Charles R. Whereas we are informed that Alexander Gregorie did not die of the wounds alleged to have been given him by Frances Crichtone now prisoner at Edinburgh, these are to require you to suspend that criminal process against Frances Crichtone until we shall hear further concerning that business from our Privy Council at their next meeting in June, for which this shall be your warrand. Given at our Court at Whitehall the 13^{th} day of May 1664 and of our reign the 16^{th} year by His Majestie’s command. ‘Sic subitur Lauderdaill. ‘To our right trustie and right well-beloved cousin and counselloure and to our trusty and well-beloved our Justice General or Justice Depute.’ James Crichtone of Kinairdy and Viscount Frendraught were acquitted at the trial, the assistants at the murder were ‘put to His Majestie’s horn, and all their goods forfeit.’ As for Francis Crichtone, the principal in this affair, having procured the postponement of his trial, he escaped from the Tolbooth Prison; and after another futile attempt on the part of the Gregories to secure a trial, he obtained a pardon under the Great Seal in 1682. CHAPTER II DAVID GREGORIE OF KINAIRDY, 1625–1720 ‘Not skill alone of ear and eye Was yours, but something more—a heart.’