As the king understood that Lord Berridale was supposed to be
innocent of the crime with which he and his father stood charged,
and as he could not, without a verdict against Berridale, proceed
against the family of Caithness by forfeiture, in consequence of his
lordship having been infeft many years before in his father’s estate,
his majesty, on the earnest entreaty of the then bishop of Ross, Sir
Robert Gordon, and Sir James Spence of Wormistoun, was pleased to
remit and forgive the crime on the following conditions:--1st. That
the Earl of Caithness and his son should give satisfaction to their
creditors, who were constantly annoying his majesty with clamours
against the earl, and craving justice at his hands. 2d. That the
Earl of Caithness, with consent of Lord Berridale, should freely
renounce and resign perpetually, into the hands of his majesty, the
heritable sheriffship and justiciary of Caithness. 3d. That the Earl
of Caithness should deliver the three criminals who had burnt the
corn, that public justice might be satisfied upon them, as a terror
and example to others. 4th. That the Earl of Caithness, with consent
of Lord Berridale, should give and resign _in perpetuum_ to the
bishop of Caithness, the house of Strabister, with as many of the
feu lands of that bishopric as should amount to the yearly value of
two thousand merks Scots money, for the purpose of augmenting the
income of the bishop, which was at that time small in consequence
of the greater part of his lands being in the hands of the earl.
Commissioners were sent down from London to Caithness in October
1616, to see that these conditions were complied with. The second and
last conditions were immediately implemented; and as the earl and
his son promised to give satisfaction to their creditors, and to do
everything in their power to apprehend the burners of the corn, the
latter was released from the castle of Edinburgh, and directions were
given for drawing up a remission and pardon to the Earl of Caithness.
Lord Berridale, however, had scarcely been released from the castle,
when he was again imprisoned within the jail of Edinburgh, at the
instance of Sir James Home of Cowdenknowes, his cousin german, who
had become surety for him and his father to their creditors for
large sums of money. The earl himself narrowly escaped the fate of
his son and retired to Caithness, but his creditors had sufficient
interest to prevent his remission from passing till they should be
satisfied. With consent of the creditors the council of Scotland
gave him a personal protection, from time to time, to enable him to
come to Edinburgh for the purpose of settling with them, but he made
no arrangement, and returned privately into Caithness before the
expiration of the _supersedere_ which had been granted him, leaving
his son to suffer all the miseries of a prison. After enduring a
captivity of five years, Lord Berridale was released from prison
Public-domain text, read in full here on John Shaqi.
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