The Rise and Ruin of Patrick Halkett of Lumpanans – a cautionary tale of the evils of hubris.
(extracted from Volume 5, pp. 13-15 of the Red Book of Scotland)
Patrick Halkett of Lumphannans or Lumphinans, was the second son of George Hackett of Pitfirrane and his wife Isobel, daughter of Sir Patrick Hepburn of Waughton. He was baptised at Dunfermline, on 28 July 1577 and was included with Sir John Boswell of Balmutto, Sir George Boswell of Balgonie and others in a Bond of Caution subscribed on 23 August 1606, not to harm David and James Kininmonth.[1] He complained to the Privy Council on 10 December 1607, that although he had been put to the horn by David Kinninmonth of Glennestoun for not answering a charge of having assaulted him and killing a horse, “as he was not lawfully charged, as he is innocent, and as he had found caution in £1000 to appear this day, the horning should be suspended.”[2] He was charged to enter into ward the following day for having failed to appear before those same lords on the separate charge of “bearing pistolets, and hurting Robert Ladoch, servitor to the Laird of Torrie”[3] and took caution on 2 January 1608, not to harm Andrew Wardlaw of Torrie and to answer before the Privy Council when charged.[4] He had married Isobel, daughter of Sir John Boswell of Balmutto, by 19 February 1612, when she granted a renunciation to her brother Sir John Boswell of Balmutto for an annualrent from the lands of Craigencat.[5] On 2 October of that same year they were both subjects of a complaint to the Privy Council by William Schoirtus, messenger in Dunfermline, that Patrick having failed to pay of debt of 600 merks to John Murray, son of Sir John Murray of Eddlestoun, letters were raised against him and he had employed Schoitus to serve them which he did on 7 September when he had “gone to said Patrick Halkett’s lands of Souther and Norther Lumynnanceis, and was searching for goods and gear there to be apprised for said debt, when Issobell Boiswell, spouse to the said Patrick, with 40 or 50 persons, men and women, the said Issobell Boiswell being disagysit, having nather hois nor schoone on hir feit or leggis, bot ane schote quhyte plaiding quott, with ane drawne swerd hid undir the same, came to complainer, and, ere he was aware, set upon him firecly and pursued him for his life, giving him many blows, said issobell avowing that, if he ever or any other of his calling wer seen again on said lands, scho sould put that drawin swerd throw thame and sould cut thair hoches thairwith” for which they were both denounced for non-appearance to answer the charge.[6] He and his wife and their two sons, Andrew and John, were the subjects of a further complaint to the Lords of the Privy Council by Mr. David Aytoun on 2 May 1632, that although they had been charged on 5 March 1630, to remove from their lands of Lumphanans they had “remained, as they doe yitt, most proudlie and contempnandlie, at the processe of the horne unrelext, and still continewed in thair violent possession of saids lands with ane sattled purpose and resolutioun to maintene thair possessioun be way of deid.” The sheriff of Fife and his deputes were charged to carry out the execution of the letters but “how soone thir rebellis gott notice of the shireff his purpose and resolutioun the resolved desperatelie to oppose thamselfes aganis the said shiredd, and for this effect they fortified the said hous with new victuall and powlder, leade muskets, hacquebuts, pistolls, garnets, and other warrelike provisoun, and they made up a little sconse as ane hous of warre aganis his Majestie and his auctoritie.. And how soone the shireff depute and his companie approached neere to the said hous, being loath to enter in blood, they sent Mr. John Chalmers, minister at Auchterderran and Mr Andrew Fairfull, minister at Leslie, with James Andersone, notar, and witnesses to the saids rebellis, desyring thame in his Majesteis name to render the hous to his officiar ; bot the rebellis presooming upon thair awin power and strenth, having with thame ane nomber of souldiours latelie brought hame be thame for assisting of thame in thair violent courses, they gave ane plane and direct refuisall of obedience, protesting with manie fearfull and execrable oathes that they would never rander the hous bot would stand to thair defence to the uttermost and sould have the lyffes of some of the best of the companie before they randered; uttering blasphemous words – they cared not altho the devill tooke thame, for theu behoved once to dee.” In response, the sheriff and his deputes “not being cled with power and auctoritie to raise fire and to apprehend the rebellis and recover the hous be force, they retired and come back” and were granted commission by the Lords of the Privy council to “convocat his Majesteis lieges in armes and to pas, persew and assiege the said hous of Lumquhinnans and sconse ewest to the same and to demolishe and cast doun to the ground the said sonse ; as alsua to searche, seeke and take the rebellis foresaids and to bring and exhibite thame before the Lords to underly thair deserved punishment; with power to the said shireff and his deputs for this effect to batter the said hous, to raise fire, to enclose the same and to use all kynde of force and warrelike ingyne that can be for recoverie thairof and apprehending the rebellis and thair assisters being therein; and if in the pursute and assieging of the said hous and sconse and apprehending the rebellis and thair assisters thair sall happin slaughter, fire raising, mutilatioun or anie other inconvenient quhatsomever to fall out the Lords decernis and declares that the same sall not be impute as cryme nor offence.”[7] The extent of the sheriff and his deputes actions is not recorded but their response to the commission was swift and on 7 June following “Johne and Andro Halkets, rebellis” had been taken prisoner and presented before the Privy Council in Edinburgh before being committed to the tolbooth there.[8] Five days later, on the 12th, it was ordained that they “sall be banished [from] this kingdome during thair lyfetyme…and never returne agane within the same during thair lyfetymes without his Majesteis licence, under the pane of deid.”[9] Patrick had been taken either during the fray or soon after and was imprisoned in Edinburgh by 5 December 1633, when the Privy Council refused his liberation until he find indemnity.[10] On 25 March 1634, he complained that “for may years he has been detained in ward, first in the tolbooth of Dyart and now in that of Edinburgh, at the instance of John, Earl of Rothes, whomhe has never offended. All his creditors are willing that he should be liberated, and the only stop if his finding caution for the indemnity of the said Earl” but his behaviour having become so wayward, his well-positioned brothers and in-laws had abandoned him and his family, to the point at which “no will become cautioner for him.” His proposal to give a personal oath and “act for the Earl’s safety” met with a degree of approval and upon which he was granted liberty under the condition that he remain within the burgh of Edinburgh until the next hearing.[11] He almost immediately broke those conditions and was again confined to Edinburgh tolbooth on 28 April following and died there on 14 November.[12] His wife, Isobel Boswell, survived him and complained on 22 December 1635, of the “great oppression committed upon her husband and herself by the Earl of Rothes, who put them from their lands, kept her husband in ward till he died, and procured the banishment of her two sons, of whom one, Andrew, has died in exile.” She requested that her remaining son John may be allowed to return home to “enjoy the inheritance left to him by his father” but despite her pleas the Lords of the Privy Council adjudged that her sons had been “deservedly banished [from] the kingdom for the causes above mentioned and not simply for the carrying of forbidden weapons” and they further considered that she had sought to misinform the king on the matter.[13]
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[1] RPC First Series, Vol. 7, p. 652.
[2] RPC First Series, Vol. 8, p. 18.
[3] RPC First Series, Vol. 8, p. 19.
[4] RPC First Series, Vol. 8, p. 637.
[5] GD26/3/691 In which Patrick is styled brother to Halkett of Pitfirrane
[6] RPC First Series, Vol. 9, p. 468.
[7] RPC Second Series, Vol. 4, 485-487.
[8] RPC Second Series, Vol. 4, p. 292.
[9] RPC Second Series, Vol. 4, pp. 495-496.
[10] RPC Second Series, Vol. 5, p. 166.
[11] RPC Second Series, Vol. 5, p. 241.
[12] RPC Second Series, Vol. 5, p. 420.
[13] RPC Second Series, Vol. 6, pp. 158-159.