OBLIGATION BY JOHN EARL OF CASSILLIS

TO MAKE CERTAIN PAYMENTS TO HIS

BROTHER HUGH KENNEDY OF BRUNSTON,

UPON HIS TAKING THE LAIRD OF

AUCHINDRAIN'S LIFE.

ANNO MDCII.

OBLIGATION BY JOHN EARL OF CASSILLIS TO

HUGH KENNEDY OF BRUNSTOUN, ETC.

THE following very singular document might have incurred the risk of being thought grofsly fictitious, but for the light thrown on the deadly feuds of the Clan Kennedy by several recent publications. The moft curious of these, in its minute details, is an anonymous Hiftory of the Clan, written, or at least concluded, in the year 1607 or 1608, edited by Mr Pitcairn ;* confirmed and illuftrated as it is by various proceedings in the Criminal Courts of Scotland, given to the public by the same gentleman;† nor is it to be forgotten, that on one very remarkable portion of the ftory, were shed the latest the poetic genius of Sir Walter Scott.‡

rays of

Referring to these sources of more ample information, it may here be enough to mention, that in May 1602, about

* See "Historical and Genealogical Account of the principal Families of the name of Kennedy. From an Original MS. [in the Advocates' Library.] With Notes and Illustrations, &c. by Robert Pitcairn, Esq. W. S. &c. Edin. 1830. + See Pitcairn's "Criminal Trials," &c. sub anno 1611.

See "Auchindrane, or the Ayrshire Tragedy," in the Poetical Works of Sir Walter Scott, Bart. Vol. XI. Edin. 1830.

four months prior to the date of the following paper, Sir Thomas Kennedy of Cullean had been afsafsinated by Thomas Kennedy of Drummurchie, (of the family of Bargany,) for which, and for other causes, he and his known accomplices were afterwards forfeited in Parliament; but that, from the first, the author and fecret inftigator of the murder was believ ed to have been John Muir, the laird of Auchindrain. The ordinary course of justice, however, proved by far too slow and uncertain to satisfy the vindictive zeal of the families of Caffillis and Cullean; a plan for the deftruction of their artful adversary appears to have been devised and prosecuted with great activity and perseverance; and to this design must be afcribed the murderous family compact between the Earl of Caffillis and his immediate younger brother, Hew Kennedy of Brunftoun, more ufually denominated the Mafter of Caffillis. Of his various unfuccessful attempts to take the laird of Auchindrain's life," and earn his promised reward, the "Hiftory of the Kennedyis" will be found to furnish abundant details; and the reader of the works above alluded to, must be already aware that a different and more suitable destiny awaited, and though tardily, overtook that relentless ruffian.

The original document, in the hand-writing of John fifth Earl of Caffillis, and of which an exact lithographic fac-fimile is here given, would appear to have been placed by the parties in the hands of Sir John Vans of Barnbarrach, their cousin-german and active adherent; and in the poffeffion of the representative of that family it ftill remains.