E. K. W ^'^E^ HOUSE. Digitized by tine Internet Arcliive in 2014 Iittps://arcliive.org/details/correspondenceof01ancr_0 CORRESPONDENCE OF Six Eobnt letr, jfttst dSnl of 9luctam AND HIS SON mmm, €m ®arl 0f lotfjian CORRESPONDENCE OF Sir Eobert Ktrr, JTirst €ul of glntram AND HIS SON IN TWO VOLUMES Vol. I. — 1616-1649 EDINBURGH: MDCCCLXXV Printed by K. & R- Clark, Edmburgh. CONTENTS. VOL. I. PAGE Preface ......... i Memoir of Robert, Earl of Ancram . . . . . v Memoir of William, Earl of Lothian ..... xlv Genealogical Tables ....... cxiii Claim of Robert, Lord Kerr of Newbattle, to the Earldom of ROXBURGHE, 1658 ....... cxix Robert Leighton and the Parish Church of Newbattle . . . cxxii James Kerr, Keeper of the Records ..... cxxvii Additions and Corrections ...... cxxix CORRESPONDENCE, 1616-1649 ...... 1-248 VOL. IL CORRESPONDENCE, 1649-1667 ..... 249-480 Additional Letters — Ancram Letters, 1625-1642 ...... 481 •Lothian Letters, 1631-1667 ...... 488* Appendix — No. I. Pfalms in Englifh Verfe, by Sir Robert Kerr, Earl of Ancram, 1624 ... ..... 487 No. IL Letters from Dr. Donne, Dean of St. Paul's, to Sir Robert Kerr 507 No. in. Letters from Drummond of Hawthornden to Sir Robert Kerr . 517 No. IV. Accounts for Books and Notes of Paintings purchafed for the Earl of Lothian, 1643-1649 . ..... 524 No. V. Newbattle Abbey and its Library . . . -532 Index of Letters ........ 543 Index of Names ........ 550 LIST OF ILLUSTRATIONS. VOL I. Seals of the Earls of Ancram and Lothian . . . Title-page Sir Robert Kerr, Earl of Ancram ..... page v Lady Anne Stanley, Countess of Ancram ..... xxvi William, Third Earl of Lothian ...... xlv Anne Kerr, Countess of Lothian ...... civ Monogram at Newbattle Abbey of William and Anne Kerr, Earl and Countess of Lothian, 1666 ...... cxii Stone at Ancram House, erected by Robert Kerr and Isobel Home, 1558 51 Charlotte de la Tremouille, Countess of Derby . . . loi James, Seventh Earl OF Derby . . . . . .186 VOL. II. General David Leslie, Lord Newark ..... 298 Robert, Earl of Ancram . . . . . . -383 Archibald, Marquess of Argyll ...... 448 Crypt of Newbattle Abbey ....... 533 Sun-Dial at Newbattle Abbey, erected by William, Earl of Lothian . 540 FACSIMILES OF SIGNATURES. VOL. Anne, Countess of Ancram . Charles, Second Earl of Ancram . Sir Robert Kerr of Ancram William Drummond of Hawthornden xlii cxi 4 25 list of 3lllustrations. PAGE Samuel Daniell ........ 25 Charles, Prince of Wales . . . . . . .28 Sir William Kerr ........ 45 William, Earl of Lothian . . . . . . . 59, 166 General Sir Alexander Leslie, Earl of Leven . . . . .103 John Hampden . . . . . . . .131 Robert, Earl of Warwick . . . . . . .144 Robert, Earl of Ancram . . . . . . .156 Earl of Essex . . . . . . . .162 Sir John Maitland . . . . . . . .177 John, Earl of Lauderdale . . . . . . .179 Berthuc [Borthwick?] . . . . . . . i8i Robert Leighton, Bishop of Dunblane . . . . .186 James, Seventh Earl of Derby . . . . . .187 Charlotte DE LA Tremouille, Countess OF Derby . . .188 Sir Henry Vane . . . , . . . .189 Archibald, Marquess of Argyll . . . . . .204 James, Duke of Hamilton . . . . . . .228 VOL. IL Charles the Second . . . . . . .258 John, Earl of Loudoun, Lord Chancellor . . . .275 General David Leslie, Lord Newark . . . . .298 Mr. Robert Blair, Minister of St. Andrews . . . -309 Oliver Cromwell . . . . . . . -319 Anne Kerr, Countess of Lothian . . . . . 443 Dr. John Donne, Dean of St. Paul's . . . . .508 PREFACE. PREFACE. HE Correfpondence between Sir Robert Kerr, firft Earl of Ancram, and his fon William, third Earl of Lothian, now printed for the firft time, contains much of general intereft in connexion with literature, and is alfo of hif- torical importance fo far as it throws new light on the part taken by Scotland during the period of the Civil wars in the feventeenth century. The original letters are preferved at Newbattle Abbey, and, but for the long minority of the late Marquefs of Lothian, would probably have been printed many years ago, as, during that time, feveral fearches were made with this obje6t, but without refult. About the year 1858 it was propofed to have the Library at Newbattle Abbey examined and re-arranged preparatory to forming a new catalogue, and the late Marquefs having confulted me on the fubje6l, as I could not perfonally undertake it, I fuggefted that the work might be done, under my fuperintendence, by Mr. Alex- ander Orrock jun., who had been one of my affiftants in the Signet Library. It was while the work was in progrefs that his Lordfhip brought under my notice, along with feveral valuable manufcripts and printed ii Preface. books, the above colledlion of original Letters/ which had been fepa- rated from the Library, and removed, evidently for greater fecurity, to a fecret clofet in his ftudy, probably early in the prefent century, by William, fixth Marquefs of Lothian, who had taken much intereft in all matters conne6led with literature and hiftory.^ A feries of the Letters were bound in three volumes, fele6led out of a confiderable number of others which remained folded and tied up in feparate packets. Thefe the late Marquefs, from time to time, examined and docqueted, but foon found it would be defirable to have the entire colle6lion arranged and claffified. This I willingly under- took at his Lordfhip's requeft, and they now form a feries of fixteen volumes, handfomely bound in morocco, befides two fmaller volumes of Mifcellaneous Papers. They are arranged as follows : — I. Royal Letters . 1569- 1660 9. Lothian . . . I 608- I 643 Ferniehirst . . 1505- -1597 10. Do. . . . 1637-1649 3- Do. . . 1527- -162 1 1 1. Do. . . . 1650-1652 4- Do. . . 1537- -1607 12. Do. . . . 1651-1656 5- Do. . . 1602- -1656 13- Do. . . . 1649-1678 6. Sir Robert Kerr ' 1607- -1640 14. Do. . . . 1657-1669 7- of Ancram , 1 1620- -1633 15- Do. . . 1673-1696 8. Do. 1632- -1654 16. Do. . . . 1 663- 1 709 William Schomberg Robert, eighth Marquefs of Lothian, died in London, on the 4th of July 1870, at the early age of 38. He was educated at Chrifh's-Church, Oxford, and was a diftinguifhed and ^ Some years previous to this I had twice fought in vain, on the fhelves of the Library, for thefe Manufcripts, of the exiflence of which I was aware from their having been defcribed by the minifter of the Parifli, the Rev. James Brown, in " The Statiflical Account," 1794, vol. X., p. 216; whofe defcription is copied verbatim not only in Forfyth's "Beauties of Scotland," 1805, but alfo in the "New Statiflical Account," 1839. For a notice of thefe MSS./t"^ Appendix No. V. pp. S3 6-5 3 9. ^ In proof of this a MS. volume in 4to, recently difcovered, contains tranfcripts made by his Lordfhip from thefe Seledled Letters, having facfunile tracings of the fignatures. preface. Ill accomplifhed fcholar. His cultivated tafte in art as well as litera- ture is exemplified in a volume, printed anonymoufly for private circulation, with the title of " Fragment of a parallel between the Hiflory, Literature, and Art of Italy in the Middle Ages : " Edinb. 1863, poft 8vo, pp. 478; and alfo by the publication, during the Civil War in America, of " The Confederate Seceffion," Edinb. 1864, poft 8vo, pp. 226 — a work which, though written without any means of reference, is flill held in great eftimation by the people of the Southern States. If his Lordfhip had not been proftrated by ill-health, it is very probable, from his literary habits, and the great intereft taken by him in the old family letters and papers, that he himfelf would have undertaken the talk of fele6ting, illuftfating, and publifhing the Correfpondence of his anceftors in fome definite form. The prefent Marquefs foon after his acceffion contributed to the Roxburghe Club, in his brother's name, a metrical French romance entitled " Floriant et Florete," edited by M. Francifque-Michel, from a unique manufcript of the fourteenth century, preferved in the Library at Newbattle Abbey. His Lordfhip alfo propofed to prefent to the Club a feries of the Letters contained in the prefent volumes. Know- ing the intereft that I took in thefe matters, and that his brother had confulted me upon the fubje6l, his Lordfhip wifhed that I fhould undertake to edit this Work. Averfe as I naturally was to come under frefh obligations, having aftually on my hands more work of a like kind than I can ever expe6l to accomplifh, I could not well decline, as his Lordfhip propofed at the fame time to prefent copies to the furviving Members of the Bannatyne Club, of which I had been Honorary Secretary during the whole period of its exiftence fince 1823, and of which both his father and brother, Marqueffes of Lothian, had been members. According to the various accounts given by Peerage and other writers, the ancient and noble Family of Kerr were of Anglo- iv Preface. Norman lineage, and defcended of two brothers who fettled in Scot- land in the thirteenth century. Their defcendants branched off into two feparate races of border chieftains, each afferting their own title as chief of the name — the Kerrs of Ferniehirft, now reprefented by the Marquess of Lothian, and the Kerrs of Cefsfurd by the Duke or ROXBURGHE, It will not be neceffary to enter here upon the hiflory of the various branches of this family. All indeed that may be required, for illustrating the present volumes, is to collect the chief facts relating to Sir Robert Kerr, firft Earl of Ancram, and his eldefl fon William, third Earl of Lothian, to whofe correfpondence they ex- clufively relate. The accompanying tables, however, may be ufeful to fhow at a glance how fome portions of the family branched out from, or became merged into, one another during the fixteenth and the following centuries. From thefe genealogical tables it will be feen that Robert Kerr of Ancram, third fon of Sir Andrew Kerr of Ferniehirft, was the grandfather of Sir Robert Kerr who became firft Earl of Ancram. He died in February 1588, leaving by his wife, Ifobel Hume, daughter of Hume of Wedderburn, a fon, William, who fucceeded. William Kerr of Ancram had previoufly married Margaret Dundas, daughter of Alexander Dundas of Fingafk, by whom he had four fons — 1. Sir Robert Kerr, afterwards Earl of Ancram. 2. William Kerr, the fecond fon, who, for his fervices on the Borders, obtained a penfion of ^1000 Scots, 06lober 2, 16 14. He alfo had a grant of the lands of Overtoun, Auguft 30, 1625.^ 3. Sir Thomas of Kedden, who was knighted on the creation of his elder brother Sir Robert as Earl of Ancram in July 1633.^ 4. Andrew, who engaged in foreign fervice, and probably died abroad. ' Reg. Seer. Sig., lib. Ixxxv., fol. 38. " Balfour's Anna/s, vol. iv. p. 366. Fmm. rlip oi'igaal "by "H. BlyeubacK. at ITowbaltle Aitey. Preface. V William Kerr of Ancram did not long enjoy his fucceffion, having, in connexion with fome of their family difputes, been affaffmated in December 1590 by Sir Robert Kerr younger of Cefsfurd. The date of the murder is afcertained by a grant of efcheat to the fecond fon of William Kerr of Ancram, under the Privy Seal. " An Letter maid to Williame Kerr, fecond fon lawful! to umquhill Williame Kerr bf Ancrum, of the Gift of the Efchete of all guidis, geir, &c., quhilkis pertenit to Sir Robert Ker of Cesfurde younger, and Mungo Bennet of Chefleris, and ilkane of thame, now in the King's hands for the faid Sir Robert's not finding caution to anfwer before the Jullice for the flaughter and murder of the faid umquhill Williame Kerr of Ancrum, committit in the moneth of December, and dated 20th December 1590."' The detailed notice of this unfortunate and fatal difpute may alfo be extrafted from the Hifhory of the Church of Scotland, by Arch- bifhop Spottifwood. "A little after this (December 1590) fell out the flaughter of William Kerr of Ancrum, a gentleman of great fufficiency, who was killed in Edinburgh, under night, by Sir Robert Ker, apparent of Cefsford. There had been a long and old emula- tion betwixt the two families of Cefsford and Farniherfl for the Wardenry of the Middle Marches and the provollry of Jedburgh. But Farniherfl being then deceafed, and the heir left young, this gentleman, as defcended of the houfe, did what he could to maintain the reputation of it, which was an eyefore to the other. It hap- pened alfo fome little time before, this gentleman, in the trial of goods flolen from England, to find out the committer of the theft, and when the fame was denied (for the matter was brought before the Council), to verify the fame by clear tefl.imonies, which was taken to be done out of fpleen and to rub fome infamy upon Cefsford, who was then Warden, for the man accufed was one of his followers. This the Lady Cefsford, a woman of a haughty fpirit, did apprehend fo deeply as flie never ceafed till (he had moved her fon, being then very young, to bereave the gentleman of his life. A hateful fa6l it was, both for the manner in which it was done and for the lofs of the country received by the gentleman's death ; for he was a man gene- rally well given, wife, of great courage, and expert beyond others in tlie laws and culloms of the Borders. The King was highly off"ended, and was refolved to ufe exemplary juflice upon the acflor. But he, efchewing and living a fugitive fome months, was pardoned upon fatisfadlion made to the gentleman's children, as was thought by the Chancellor's interceffion, who afterwards married him to his niece, a daughter of Lethington."^ ^ Regifl. Secreti Sigilli, lib. Ixi. fol. iii'^ ^ Spotifvvood Society and Bannatyne Club editions, vol. ii. p. 411. vi IPreface. A contemporary writer, fuppofed to be John Colville, in his anonymous " Hiftorie and Life of King James the Sext," ^ gives a more particular account of the reafon of Kerr of Cefsfurd's pardon. " The Chanciller, miftrufling certayne courteors of this enterpryfe, not without great occafioun, thoght neceffar to fortefie himfelf with affiflance of freynds ; and tharefore he folifl.it the King for a remiffion to Sir Robert Ker yongar of Cesfurde, for the odious murther of WiUiam Ker of Ancrum, whilk was obtenit. This murther was committit in Edinburgh, under filence of night, the yeir before, and the committer was reteirit to Ingland, and callit bak for the caus foirfaid ; in whom the Chanciller confidit as to the hufband of his brother doghter. And for the mair faiftie of his perfone, he thoght expedient to duell in Edinburgh, guardit with foldiors on the nycht, and honefl freyndlie gentilmen on the day, in great nomber." The King himfelf interfered, and wrote (December 31, 1590) recommending that the " deadlie feud fallen out betwix the houfes of Cesfurd and Pharnehirft for the lait ewell murther and flaughter of umquhile Our weilbelovit Williame Ker of Ancrom, committit be Sir Robert Ker younger of Cesfurd," fhould be amicably fettled without further bloodfhed. The Lord Chancellor, John, Lord Thirleftane, and other friends, had thus intereft enough to obtain a remiffion, under the Great Seal, to the younger Cefsfurd and nine affociates ; RemiJJio domino Roberto Ker apparenti de Cesfurd, et novem aliis, pro arte et parte inter- feSlionis quondam Willielmi Ker de Ancram, November 18, 1591.^ Robert Kerr, the eldeft fon, according to his own ftatement, was born in the year 1578.^ His mother, Margaret Dundas, after- wards became the wife of Sir George Douglas of Mordington.^ The date of her deceafe has not been afcertained. We have no precife information in regard to the education or early life of Robert Kerr of Ancram ; he may have been fent ' Edition publiflied by the Bannatyne Club, 1825, p. 245. See alfo Preface to Colville's Letters, printed for the Bannatyne Club, 1858, 4to. " Reg. Magni Sigilli, lib. xxxviii., No. 246. ' See p. 379. * Notices of the families of Dundas of Finga(k, Hume of Filhwick, and Stewart of Ochiltree, will be given in the Appendix to this Preface. Preface. Vll abroad, but there is no doubt that his education had not been negledled. His firft appointment at court was probably after the King's fucceffion to the EngHfli throne, and feems to have been in connexion with the houfehold of Prince Henry and his fifler the Lady EHzabeth, at Aucklands. The houfehold at firfl con- fifted of 70 fervants, 22 of whom were to be above flairs and 48 below; it was foon after increafed to 56 above flairs and 85 below. His office was that of " Groom of the Bedchamber," and a warrant was iffued,^ as ufual, for fluff for his apparel, dated Augufl 30, 1604. Iri the fame year, October 31, there was alfo paid to him and to his companion Patrick Maxwell the fum of £20 each for their wages.^ The precife date when he obtained the honour of knighthood is fomewhat doubtful : it was previous to 1607, and not unlikely about the year 1605, or the fuppofed time of his marriage with Elizabeth Murray, daughter of Sir John Murray of Blackbarony. In the Retours or Services of Heirs in the County of Roxburgh the following are recorded : — Nov. 29, 1603. Robertus Ker de Ancrum, haeres Williemi Ker de Ancrum patris, — in terris de Woodheid, viz. Staw-waird et Braidlaw in dominio de Over Ancrum. — A. E. 20 m, N. E. 27 m. Maii 12, 1607. Dominus Robertus Ker de Ancrum miles, hseres Roberti Ker de Ancrum, avi, — in 12 libratis 6 folidatis et 40 denariatis terrarum de Newtoun, cum molendino de Newtoun, in parochia de Bedderwell — ;^i2, 6s. et 4od. On occafion of his going abroad (the fpecial obje<5t is not men- tioned), Sir Robert Kerr granted a commiffion, dated at Edinburgh 24 January 1607, to "Sir John Murray of Blackbarony, knyght, Dame Elizabeth Murray, his dochter and my fpoufe, and Mr, Johne Abernethie, minifler of Jedburgh," to manage his affairs in abfence. " Forfamekle as I am of intention fchortlie, Godwilling, to depairt Warrants in Record Office, London. viii Preface. and pafs furth of this realme to the pairtis of France and utheris beyond, for doing of my lawfull affairis and biffinefs/' etc. This is the firfl mention we have of his marriage with this lady, the mother of his eldefl fon, Wihiam, afterwards Earl of Lothian. He was flill abroad in the following year, as he wrote to the Laird of Ferniehirft from Paris, March 23, 1608, faying " he had heard that the Ladie Newtoun is intending I knaw no what bufmefs for hir fonne fervice on entrie to his land," and continues, afking Fernie- hirft to " look after his interefts." At the clofe of the letter he fays, " We haiv hard ane allarme of your brother Robert his preferment, whereof I am verie glaid, but fall be glaider that it fall pleafe God to mak him ane inflrument of what his dewtie fuld oblige him to. I knaw ye truft in His power that can do alyk with extraordinarie or ordinarie meanes. I haiv written as befor to your fone to England," This refers to his namefake and coufm the third fon of Sir Thomas Kerr of Ferniehirft, who firft appeared at Court about this time. Sir Robert Kerr, on his return from France, became one of the Gentlemen of the Privy Chamber in Ordinary to Henry, Prince of Wales. He afterwards was fent by the King on fome fpecial miffion to Scotland, the obje6l of which is not ftated. As this led to a pro- trailed abfence from Court, he wrote as follows to his friend and countryman, Adam Newton, Secretary to the Prince, entreating his good fervices, that he might not fuffer from detra(5lors while abfent.^ " Sir — It was your pleafure that I fould trouble you in this forme, Therefore I am bold to defyre the continouance of zour goodwill to me ; and that ze will be ane inflrument to keep me in my maifler's fauour now in my abfenfe ; efpecially thatt no detradlor have power to begett an ill opinion of me for defcharge of this fervice the King has been pleafd to putt in my hands. It may be that fome, becaufe their frends 1 This letter was firfl printed by Dr. Thomas Birch in his " Life of Henry, Prince of Wales," (p. 249, Lond. 1760, 8vo). It is here given from a collation of the original preferved with Dr. Birch's papers among the Harleian MSS. in the Britifh Mufeum (No. 7002, fol. 146). e^moit of Eotiect, (ZBarl of ancram. ix biffinefs," etc. This is the firfl mention we have of his marriage with this lady, the mother of his eldefl fon, Wilham, afterwards Earl of Lothian. Sir Robert was ftill abroad in the following year, as he wrote to the Laird of Ferniehirfl from Paris, March 23, 1608, faying " he had heard that the Ladie Newtoun is intending I knaw not what bufmefs for hir fonne fervice on entrie to his land," and continues, alking Ferniehirfl to " look after his interefts." At the clofe of the fame letter he fays, " We haiv heard ane allarme of your brother Robert his preferment, whereof I am verie glaid, but fall be glaider that it fall pleafe God to mak him ane inftrument of what his dewtie fuld oblige him to. I knaw ye trufl in His power that can do alyk with extra- ordinarie or ordinarie meanes. I haiv written as befor to your fone to England." This refers to his namefake and coufm the fourth fon of Sir Thomas Kerr of Ferniehirfl, who firft appeared at Court about this time ; and becoming the King's favourite, was advanced to places of dignity, and raifed to the peerage as Vifcount Rochefter and Earl of Somerfet. Sir Robert Kerr, on his return from France, became one of the Gentlemen of the Privy Chamber in Ordinary to Henry, Prince of Wales. He afterwards was fent by the King on fome fpecial miffion to Scotland, the obje6l of which is not ftated. It might, however, have been owing to his holding the office of Captain of his Majefty's Guard in Scotland, which he refigned in 161 3. As this led to a pro- tra6led abfence from Court, he wrote as follows to his friend and countryman, Adam Newton, Secretary to the Prince, entreating his good fervices, that he might not fuffer from detraflors while abfent.^ "Sir — It was your pleafure that I fould trouble you in this forme, Therefore I am bold to defyre the continouance of zour goodwill to me : and that ze will be ane ' This letter was firfl printed by Dr. Thomas Birch in his " Life of Henry, Prince of Wales," (p. 249, Lond. 1760, 8vo). It is here given from a collation of the original preferred with Dr. Birch's papers among the Harleian MSS. in the Britifh Mufeum (No. 7002, fol. 146). X a^emoir of Eotiect, Carl of ancram. inflrument to keep me in my maifler's fauour now in my abfenfe ; efpecially thatt tio detradlor have power to begett an ill opinion of me for defcharge of this fervice the King has been pleafd to putt in my hands. It may be that fome, becaufe their frends or frends' feruants mufl. fmart for their faults, will accufe me of rigour, [and] hunting after glory rather nor juflice. If it pleafe his [Highnefs to] keep ane eare to me at my upcuming, I fall rander ane accompt of every poynt can be layd to my charge ; and, in the mean[time], that out of his gratious favour he will be pleafd to fecure me againft any that fall hinder my good about the King's Ma"^- and allow any fauour the King will beflow upone me ; fmce I am one of the firil of his Highnefs' feruants that his Ma'''=- hes employet in this kingdome, as I fall preafs to be worthie of his princely fauour, and of the place I have aboutt him, which I reckone more nor any thing in this world. In regarding me thus, you fhall obleis me to remaine your louing frend to ferve zou, S. Ro. Carr." ^ From Ancrame House, 27 Odlober 161 1. One of the letter-writers of the time says, it was " ftrange that three Roberts with the fame furname fhould be favourites of the King, Queen, and Prince : Robert (Carr), Earl of Somerfet, Sir Robert Carr (of Ancram), and Sir Robert Carey." ^ He might have added a fourth Robert Carr or Kerr, who fucceeded as fecond Earl of Lothian in 1609. In England the name Ker or Kerr was ufually written Car and Carr, and, from the pofition occupied at Court by the two who are firft mentioned, it happens that thefe Robert Kerrs have often been con- founded. Both defcended from the houfe of Ferniehirfl, the King may naturally have taken an intereft in the members of a family which had facrificed fo much in the caufe of his mother, Mary Queen of Scots. The following entries, which occur in the Records of the time, doubtlefs refer to Robert, afterwards Earl of Somerfet : — On Chriftmas eve, December 24, 1607, Robert Kerr obtained at Whitehall the honour of knighthood, and four days previoufly, Robert Kerr, Groom of the Bedchamber, had a grant of the yearly ^ The original is endorfed " To his muche honored frend Mr. Newton, Secretary to the Prince Highnes." ^ Letter, Chamberlain to Carleton, Feb. 16 14. Calendar of State Papers, p. 124. 9^moit of EoJJcrt, (ZBarl of ancram. xi rent of ;£6oo for fifteen years :^ and, December 20, Sir Robert Kerr, a young Scot, was fworn Gentleman of the Bedchamber.^ Again, on March 22, 1608, ^300 was paid for a tablet of gold, fet with diamonds, and the King's pi6lure, given by the King to " Robert Carr, Gentleman of the Bedchamber." He was appointed High Treafurer of Scotland on the death of George, Earl of Dunbar, and created Vifcount Rochefter March 25, i6ii; he was inflalled a Knight of the Garter May 13 that year; and advanced to the Earl- dom of Somerfet November 4, 16 13. The high favour enjoyed at this time by Lord Somerfet, we may fuppofe, would be exercifed in promoting the fortunes of his coufin. Sir Robert Kerr of Ancram. The premature death of the accompliflied Henry, Prince of Wales, November 161 2, had been followed by feveral changes at Court. In the cafe of Sir Robert, we find that in the following year, November 30, " Sir Robert Ker of Ancram, in prefence of his Majeftie's Privy Counfell, dimits the captainfhip of his Majeftie's guard in favour of Sir Andrew Ker of Oxenhame, who was preferred to the fame, in the room of Sir Robert Ker of Ancrum, who (it is added) is to attend upon the perfon of his Majeftie's darreft Son, the Prince and Sir John Murray, his father-in-law, in a letter, 06lober 27, 16 14, addreffes him as " The Right Honourable Sir Robert Kar, Gentleman of his Hienes Bed-chamber." An unfortunate incident in Sir Robert's career occurred in the beginning of February 1620. The Duke of Buckingham feems at ^ Warrants, Record Office, London. ^ See Calendars. ^ Balfour's Annals, vol. ii. p. 44. In the Regifler of Privy Council at Edinburgh, April 6, 16 1 4, there is " Ane Adl quhairby Sir Andre Ker is made Capitane of his Majeftie's gairdes," etc., in Scotland. It is nearly a verbatim tranfcript of his Majeftie's miffive letter and warrant : — " Right truftie, &c. — Whereas Sir Robert Ker, knycht, gentilman of oure deareft Sone the Prince's bed-chalmer, is by that place and fervice fo tyed to a continewall refidence heir, as he can not any longer attend the com- raandement of our Gairdis thair, Wee have therifore maid fpeciall choife of Sir Andro Ker of Oxenhame, knycht, to fucceed in his place," etc.j dated "At Our Manor of Theobalds, the fyfth of March 16 14." Sir Andrew, who was a fon of Sir Thomas Kerr of Ferniehirft, remained as Captain for many years. xii a^emoir of Eotiert, €ad of ancram. this time to have been jealous of Sir Robert's influence with the Prince ; and Charles Maxwell of Terregles, hoping to ingratiate him- felf with the new favourite, reported a converfation which had taken place at table fome three months previoufly in fuch a manner as to be highly offenfive to the Duke. This having come to the knowledge of the Earl of Nithfdale, who was anxious to reconcile the Duke and Sir Robert, he alked the latter refpefting the truth of this report. Sir Robert denied having given utterance to any fuch ftatement, and appealed for confirmation of what he faid to Charles Maxwell, the very man who had circulated the falfe report. Maxwell, upon this, demanded an interview with Sir Robert, faying to the Earl, " I lhall make him confefs it, elfe it fhall be dear to one of us." They accord- ingly proceeded to Sir Robert's chamber, to which he had been con- fined by a fevere illnefs for feveral weeks. High words paffed between them, and at length Maxwell faid, " I fee, Sir Robert, there is nothing on your part but a ftiff denial." " I anfwer before God and your honourable chief (replied Sir Robert), I juftly deny it, and am innocent of that afperfion you flrive to lay upon me." A challenge was immediately given by Maxwell, which Sir Robert accepted, faying, " Well, Charles, fince it can be no better but you will put me fo hardly to it, I will fpeak no more to you as friend, and, till this, fo efteemed by me, God is my judge, and your chief is a witnefs, whatever fliall fall out, it is forely fought [forced] upon me ; wherefore I will commit the work to God, and withal pafs the word of a gentleman that the morrow you fhall find me at the place you have appointed, with as much refolution to defend a juft caufe from an unjuft difafler as you for your part dare avouch to have." Turning to the Earl of Nithfdale, he apologifed for the dif- turbance to which he had been a witnefs, and afked him, whatever conclufion the matter might come to, " to give either of us our due, as the cafe requires," a requeft which the Earl faithfully fulfilled. Next day they accordingly met near Newmarket, when Maxwell, to a^emoi'r of Bobert, (ZBad of ancram. xiii ufe the Earl's words, " had his reward," his horfe coming in loofe and alone " from the ditch where his mafter lay dead." The particulars are fully detailed in the interefling ftatement written by Sir John Stewart of Traquair, a few years later, and now firfl printed/ Even Maxwell's neareft relations bore Kerr no ill-will on account of this unfortunate occurrence. Sir Robert having de- livered himfelf up for trial at the Cambridge Affizes, was found guilty of manflaughter, but the fentence of being burned in the hand was commuted to banifhment. A letter addreffed to Sir Robert himfelf^ from Drummond of Hawthornden, February lo, 1620, ftrongly expreffes the feelings of his friends on that occafion. Why, he afks, (hould he have rifked his life to fuch a fwaggering fellow ? or, to ufe his own words — " It was too much hazarded in a point of honour ! Why fhould true valour have anfwered fierce barbaritie ? noblenefs arrogfancie ? religione impietie ? innocencie malice ? the difparagement being fo vafte. Was it for knowing this when yee lefte us, that yee graved with your diamond in a window — Fraile glaffe, thou bear'fl this name as well as I, And none doth know in which it firfl fhall die. And had ye then to venter to the hazard of a combate the exem- plarie of vertue, and the Mufes' fan6luarye ? The lives of twentie fuch, as his who hath fallen, in honour's ballance would not countre- poife your one." Chamberlain, in writing to Sir Dudley Carleton, February 12, fays — " Some ten or twelve days fince there fell out an unlucky accident by reafon of a quarrel and challenge betwixt two Scotfmen, Sir Robert Ker, near about the Prince, and (Charles) Maxwell, brother to him of the Bed-chamber, who was left dead in the field, though he held himfelf the braver man upon the succefs of having killed one before in Scotland, and another in France. But the King Page 10. 2 Page 519. xiv Q^emoic of iaotiert, €ad of ancram. fays though he pardoned him then, and the French King after, yet it feems that God would not pardon him now. Upon the Prince's humble and earneft entreaty, affifled by the Duke of Lennox and Marquis of Hamilton, together with the Coroner's Inqueft finding it ' manllaughter,' the King is pleafed to remit the offence, and that Ker be reflored to former favour, the rather that for he was earneflly urged, and could not by any reafonable means avoid it." ^ In March 1620 Prince Charles is found applying for a pafs in Sir Robert's favour, " that he might go beyond fea, becaufe he will not have his Father's edi6l flighted." After a period of fix months' banifliment, a fpecial pardon was granted to Sir Robert Kerr, 0(5lober 23, 1620. He accordingly returned, and refumed his duties in the Prince's houfehold. Some- time previous to this event he had loft his wife, the daughter of Sir John Murray of Blackbarony, We have no precife account of the date or circumftances of her death ; but Sir Robert, in the follow- ing year, contracted a fecond, and, as it proved, alfo a happy marriage.^ Sir Henry Portman, Bart., of Orchard Portman, Somerfetfliire, had been married to the Earl of Derby's eldeft daughter, the Lady Anne Stanley, in July 16 16. In September 161 7 Sir Henry was faid "to have broken his neck:"^ this mufl; have only been a report, as Chamberlain, on February 27, 162 1, mentions the death of Sir Henry Portman, Bart, of Somerfetfliire. He left a young widow, and Sir Robert Kerr a few months afterwards fucceeded, partly through the interefl; of Charles, Prince of Wales, in making her his wife.* A letter of Sir Robert Kerr about this time firfl: introduces to our notice his eldefl; fon William, the chief perfonage of the prefent volumes. It is dated from St. James', March 29, 162 1, when, as will ^ Nichols' Progreffes of Kittg James I., vol. iii. p. 587. 2 Calendar of Siaie Papers — (i.) p. 334; (2.) p. 484; (3.) p. 228. 3 Letter of Sir Edward Zouch, Wliitehall, March 23, 1620 {Calendar S. P) * See the Prince's letter in his favour, and the footnote, at p. 26. a^emoit of Eotiert, OBarl of ancram. XV afterwards be fhown, his fon was profecuting his ftudies at the Uni- verfity of Cambridge. The next important public event in which Sir Robert was en- gaged was conne6led with the propofed Spanifli alliance. Prince Charles, accompanied by the Duke of Buckingham, with only two attendants, fet out in difguife through France on his romantic vifit to the Court of Spain, in January 1623. According to Carleton's letters, on March 5, " Sir Robert Carr has fet out to join the Prince;" but Sir Edmund Verney, who was one of eight Gentlemen of the Privy Cham- ber, furnifhes the following details : — " As foon as the Prince was eflab- lifhed at Madrid, the principal members of his houfehold were fent after him by King James. The Adventure, a fhip of war, was fitted up for their reception, and on the ift April 1623 they embarked. There were on board the following officers of the Prince's houfehold : Vifcount Andover, mafter of the horfe ; Lord Compton, who was killed at Hopton Heath, mafter of the wards ; Lord Carey of Lep- pington, chamberlain ; Lord Vaughan, comptroller ; Sir Robert Carr, gentleman of the bedchamber."^ Separate accounts were publifhed at the time of the joyful reception and entertainment of the Prince and his attendants at Madrid and elfewhere. After fpending eight months in Spain, partly owing to the protra6led negotiations, when Urban VIH. was ele6led Pope, in obtaining a new difpenfation for the Prince's marriage with the Infanta, and partly to Bucking- ham's infolent conduct, the propofed match was broken off, and the Englifh party returned in the month of November.^ On December 30, 1622, a warrant was iffued to pay Sir Robert Kerr, for the Prince, 1000. In April following. Sir Robert obtained a penfion for himfelf and his wife Lady Anna Kerr.^ In reference to ^ The Verney Papers, Camden Society, 1853, p. 107. ^ Reference may be made to a valuable work, " Prince Charles and the Spanifli Marriage, 16 17-1623," by S. Rawfon Gardiner, 2 vols. 8vo, 1869. Alfo to a volume of the Camden Society's Publications, No. CI., 1869, edited by Mr. Gardiner. ^ Calendar of State Papers, p. 565. xvi ^emoit of iRoftert, Carl of ancram, this, the Lord Treafurer Middlefex writes to Secretary Conway, from Chelfea, April 24, — " the King's favours to his fervants being without end, defires a fpecial warrant for the penfion of ^500 for Mr. Carr."^ The death of King James, March 27, 1625, neceffarily pro- duced confiderable changes at Court. The attachment of Charles, after his acceffion to the throne, to Sir Robert Kerr remained unaltered ; and the letters addreffed to him by the Earls of Hadding- ton, Balmerino, Rothes, and others, fhow that they confidered him to poffefs no fmall influence with his Royal Mafter. The Earl of Rothes, writing to Sir Robert on the 14th of April 1625, afks him as one engaged " in fo many greit affaires," and from his regard towards him as " being in my eftimation far beyond any that is in the perfonall fervice of our Mafl;er," to ufe all his influence and power to " move a pacification of thos extremitys which hath fallowed upon the Noua- tiones impofed on the Kirk," and the " reflauration of the Nobility's wonted liberties in Counfell and Parliament."^ The mifdire6led policy of the late King to fecure uniformity in Church matters, by forcing Epifcopacy upon the people of Scotland, was unfortunately, however, inherited by his fon, and became with him an a6luating principle. Although oppofed by perfons of all ranks in Scotland, the King confcientioully perfifted in this courfe, which, together with his arbitrary proceedings in the Parliament of England, proved the leading caufe of the Civil Wars ; befides involving a feries of perfe- cutions againfl; both Puritans and Covenanters that fwept over both Kingdoms for fo many years after the Refl;oration. But this is a matter of general hiftory, and need not be enlarged upon, except in fo far as conne6led with the prefent volumes. No event of any importance occurred in Sir Robert's career till 1629, when the unexpe6led death of the King's nephew. Prince Frederick Henry, Count Palatinate, the eldeft fon of the King of ^ Calendar of State Papers,^. ^()%. ^ Letter from John, Earl of Rothes, to Sir Robert Kerr, p. 35. memoir of Hofiert, Cad of ancram* xvii Bohemia, took place. The Prince, then in the fifteenth year of his age, was proceeding with his father from the Hague to Amfterdam on the 7th of January 1629, to fee fome fliips which had been cap- tured in the Weft Indies, when their veffel, coming into colHfion with another, rapidly filled and fank. The King of Bohemia, with two or three fervants, were with difficulty refcued, but the young Prince and nineteen others perifhed.^ This fad event naturally occafioned great grief at the Englifli Court, and from a note in a manufcript volume at Newbattle, we learn that Sir Robert Kerr was then fentby the King on a meffage of condolence. It is as follows : — " This booke [of French legends and proverbs] was given to me by Princeffe Louife, fecond daughter to the Kyng of Boheme, who writ it with her owne hand. And in it the Princes her brothers, and the Princeffe Elizabeth her eldeft fifter, wrote doun there names, as they are heer in to be feen. This was donne when I was fent over by Kyng Charles, my maifter, to the Kyng and Queen of Boheme upon the death of their eldeft fonne, Prince Frederick Henry, 1629." From this time for feveral years Sir Robert Kerr appears to have continued his refidence at Court, abftaining from taking any very pro- minent fhare in public affairs, and fuch letters as are preferved between him and his fon chiefly relate to their own private and pecuniary arrangements. Sir Robert's long letter of minute inftru6lions for altering and improving Ancram Houfe, December 20, 1632, with its gardens, trees, approaches, etc., was not intended for his own benefit, and might feem ftrange, unlefs for the circumftance that the defire of enabling his fon to maintain the dignity of the Earldom of Lothian, to which he had been advanced after his marriage with the Countefs, had led Sir Robert to diveft himfelf in his favour of the eftate of Ancram and other property in Scotland. This may have been about two 1 See letter, Mr. Beaulieu to Sir Thomas Pickering, Court and Times of Charles I., vol.,ii. p. 7. As an inflance of the confufion caufed by the fimilarity of names (fee p. ix.), it may be mentioned that in this letter Sir Robert Carey is named as the Ambaffador defpatched by the King. C xviii Q^emoit of JRotiert, OEatl of anctam. years before he himfelf was raifed to the peerage, and fuggefts that he not only was poffeffed of ample means to provide for his family by his fecond marriage, but contemplated a permanent refidence in England. The Earl of Lothian might therefore well exprefs his great obligations for fuch unwonted liberality ; ^ and his father, during his occafional vifits to this country, at diflant intervals, refided at New- battle as a vifitor, and not at Ancram as the proprietor. The vifit of King Charles for his Coronation in Scotland had been poftponed from year to year until 1633, when the King left London on the nth of May, and on Saturday the 15th of June, with all his train and royal equipage, he made his triumphal entrance into Edinburgh. On the i8th, having lodged the previous night in the Caftle, he came in great ftate to the Abbey Church of Holyrood, where he was folemnly crowned. " Becaufe (fays the Lord Lyon)^ this was the moft glorious and magnifique Coronatione that ever was feine in this Kingdome, and the firft King of Create Brittane that ever was crouned in Scotland ; to behold theffe triumphes and ceremonies maney ftrangers of greate quality reforted hither from diverffe countries." One of " his goodlie traine of attendants " was Sir Robert Kerr, who held the office of Mafler of the Privy Purfe. Balfour fays, the King, " in honour of his coronation, firfh Parlia- ment, and place of his birth (Dunfermline), he created i Marqueffe, 10 Earles, 2 Vifcounts, 8 Lords." In this number, on June 24, Sir Robert Ker was created " Earle of Ancrum, Lord Nifbett, Lang- neutone, and Dolphingfton."^ A meeting of Parliament was alfo held, in the Old Parliament Houfe in Edinburgh, above St. Giles's church, in which various ena6lments conne6led with Church matters were paffed very difpleafmg to his fubje6ls. After the King had vifited Linlithgow, Stirling, Dunfermline, and Falkland, he returned to Edinburgh, and began his journey to the South on the 18th of July. In the following year, the Earl of Ancram was one of the nobility ^ See letters, Earl of Lothian, in 1633 and 1634, vol. i. pages 78-84. ' Sir James Balfour's Works, vol. ii. p. 199. ^ 7?. p. 203. ^cmoir of Hotiert, €arl of ancram. XIX of Scotland nominated by the King for the Court of High Com- miffion.^ His non-refidence fortunately prevented his taking any fhare in this obnoxious attempt to eftablifh a new Star Chamber, and to increafe the power of the Scottifh prelates. The expenfes attending his new rank, and the neceffity of making provifion for an increafmg family by his fecond marriage, made Lord Ancram defirous of fome addition to his fortune. In the following letter to Thomas, Lord Wentworth, the Lord Deputy of Ireland, the Earl of Ancram makes an allufion to thefe circumftances, while he refers to his long fervices to King Charles. As the reply by Lord Wentworth is brief, it may alfo be added, although it does not explain the nature of the application that had been made. The Earl of Ancram to the Lord Deputy. My Lord, I have fought your affiftance to thofe helps I was put upon in Ireland with much refpedl, and I do confefs your Lordfhip hath anfwered me courteoufly; but all that I fought was flopped by your power there. I follow that purpofe for children which are of your country and kindred, if Oxford or Derby, or Cumberland be fo, and on their father's fide, whatever he can fay elfe for himfelf, he hath ferved King Charles with honelly and diligence in a near place thefe twenty-five years pafl. His Majelly is willing to reward me. And becaufe he hath much bufinefs, it becometh us to help ourfelves with the leafl. hinder to his Majefly's affairs that may be, and from cafl up in Ireland, whereby fo many are enriched. I am confident, my defires being moderate, will profper, if your Lordfhip will affill me. Now I have imparted my mind in general to Sir George Radcliffe, and in particular I will follow it by letters, only by this I defire to know, if your Lordfhip will think fit to oblige me or not. If you will, I know as well how to be thankful, as to be patient if you refufe me; fo referring the refl to your anfwer after you have fpoken with Sir George, I take leave for the prefent in this great willingnefs to approve myfelf, your Lordfhip's affecftionate friend and humble fervant, Ancram. Court, lojuly, 1638. The Lord Deputy to the Earl of Ancram. My very good Lord, Sir George Radcliffe brought me a very gracious recom- mendation of your particular from his Majefly, which as you have reafon to confider with much comfort, fo fhall it be of delight unto me, if it be in my power to adminifler ^ See Royal Warrant, 061. 21, 1634, in Baillie's Leilers and Journals, vol. i. p. 424. XX 90emoir of JRobert, Carl of 3ncram, anything to your Lordfhip's advantage : and therefore I am very fhortly and truly able rightly to fatisfy your Lordfhip, that I am in perfedl good difpofition to hear all that may be for your fervice, to confult it, to fludy it with fuch as you (hall pleafe to appoint to treat and agent your affairs here, and to contribute to your contentment therein the befl. endeavours of your Lordfhip's moll faithful humble fervant, CosHA, this 27th of Auguft, 1638. Wentworth.' The Earl of Ancram, who had the befl; opportunities of knowing the King's feelings at this time on finding all his mofl; cherifhed fchemes for Church government in Scotland thwarted, could not but be anxious or feel annoyed at the part taken by his fon the Earl of Lothian. In the few letters which are flill preferved, one or two fentences feem to indicate this ; but whether he was fubjedled to any perfonal inconvenience on this account may be confidered doubtful. Robert Baillie, in one of his news-letters, February 12, 1639,^ fays, " The Marquefs of Hamilton, for a token of favour, hes gotten to his brother (William, Lord Lanerick) already the Privy Purfe, and a place of the Bedchamber ; whence the Earle of Ancrum is removed ; whether for the zeale of the Earle of Lothian, his fon, in the Countries caufe, or for his long and evident infirmity, which made him very unmeet to ly in a prince's chamber, we doe not yet know'.' Baillie has no fubfequent allufion in reference to fuch a report. It is not unlikely that Lord Lanerick may have been made Keeper of the Privy Purfe about that time,^ but letters to the Earl of Ancram continued to be addreffed to him as " Gentleman of his Majefties bed- * The Earl of Strafford's Letters and Dif patches, vol. ii. pp. 183 and 209. 2 Letters and Journals, vol. i. p. 116. 3 In the previous month, at leaft, no fuch changes had taken place, as the follow- ing receipt fhows : — "January the 2d, 1638 [1638-9]. — Received by me, Robert, Earlle of Ancrame, gentleman of his Ma''^'= bedchamber, and Keeper of the Privy Purfe, of Sir William Parkhurft knight Warden of his Ma''^'^ Mynt, the fowme of fyve hundreth powndes in Angells of fyne gold, for curing the difeafe commonly called The Kinges evill, and that frome the firfl of Aprylle lafl bypafl, in this prefent yeir of our Lord 1638, wnto the firfl of this prefent January i638[-39], I fay received 500'^- 00 00." (Original Documents, prefented to the Britifh Mufeum by Sir William Mufgrove; Additional MSS., No. 5751, fol. 345.) a^emoir of Eotiert, (JHarl of ancram. xxi chamber " until at leafl March 1 1, 1644, when he may have refigned that office, as fubfequent letters are fimply addreffed to him " at Lon- don." The Earl of Lothian, 06lober 21, 1640, from Newcaftle writes, " I am forry for the expreffion in this letter to me, which fayeth, " nowe that we are in diredl oppofition to our King he replies " We are not foe, nor ever fhalbe : We are but come hither to prefent our humble fupplications and jufl greavances, and if we do it in armes, it is to fave and defend ourfelves from his and our enemies. If our intentions had beene otherways, we might have beene nearer [London] where yow are." There are but few letters known, either written by or addreffed to the Earl of Ancram between the years 1641 and 1650; and in this eventful period he flill continued to keep aloof and take no part in the great political movements that were occurring around him. It is even doubtful at what time his fervices as Gentleman of the Bedchamber to his royal mafler actually ceafed. But chiefly owing to the diftra6led ftate of public affairs he began to experience the effe6ls of pecuniary difficulties by the arrears of penfions accumulat- ing, and receiving only partial payments. We find from the Parlia- mentary proceedings in June 1643, other times. Lord Ancram was under the neceffity of applying to the Houfe of Commons to obtain payment of his penfion of ^500 ; and likewife in November 1645 ^6 addreffed the Houfe of Lords, claiming his privilege as Kings fervant to be exempted from threatened arreft and imprifon- ment by his creditors. Such prote6lion for the fpace of fix months was granted, and renewed from time to time, until November 1648, which would extend till May following. But the King's death, January 30, 1649, and the A61 of Parliament for abolifhing of Monarchy and the Houfe of Peers, March 17, deprived his Lordfliip of fuch prote6lion. It may have been owing to this circumftance that the Earl of Ancram paid his lateft vifit to his native country. The death of Charles the Firft could not but be deeply felt by his old and faithful fervant the Earl of Ancram. In his letter to Lord xxii ^emoit of Eotiert, (ZBarl of ancram. Balmerinoch, from Weftminfler, February 22, 1649, fent with his fon, he has the following allufion to the fad termination of the King's life : " Though my fonne Lothian be all my letter, I would not lett him part without this frefh memorandum. . . . This Sonne of myne, whom God hath been pleafed to be fo ayrly and affidowufly employed in this publique bufmes, is cum'd to be alfo an eye-witnefs of a fadder fpecflacle than ever we thought would grow out of it. The King of kyngs enable him, and all of yow who are behynd, to do that which is mofl for God's glory, and the good of the Churche and his people in it, everywhere ; and at this lock am I creeping down the hill, or rather upp the hill from this world to a better." Among Lord Ancram's flray papers I have the following fhort note, which furnifhes the date of his vifit to Newbattle. It has no addrefs, and I cannot fo much as form a conje6lure as to the work called a " ftory," to which he alludes, and therefore cannot fay whether it ever was publifhed : — Sir, I fend this to defyre yow to fend me your flory, that I may content my felf to fee your digefling of it ; and I promife no body els lhall fie it, and hafle it back agayne to yow when yow pleafe, with my confirm'd hartye kyndnes to yow and all yours, as your mofl loving friend and fervant, Ancram. Newbattle, 29 Novemb. 1649. We know alfo from the letter, from London, of his daughter Lady Vere Carr, that Lord Ancram was in that month at Newbattle, when she fays — " I am, in my owne name and my Ladyes and Sifters', to give you thancks for the kindneffe you fhew to our Father, being confident the Lord will reward it to you. Wee are doing what in us lyes, that he may not bee burdenfome to you, and to gett things into a poflure that hee may be with us with comfort, if not with fplendour. .... I am become an importunate fuitor to our judges heere. If I can but prevail to gett our lo"'- a week againe continued to us, which has bin foe long under reftraint, I lhall thinck I have made a good conclufion for this bout. I gett a greate many good words, and upon that I have built fome hopes of finding fomething anfwerable in time, but the motions of our rulers are flow. I attend them with all the faith and patience I am able." Such expe6lations were not realifed, and the Earl of Ancram, inftead of returning to London, no doubt took advantage of a veffel a^emoir of Eobert, €arl of Hncram. xxiii from Leith to Holland, haftened, it might be, by Cromwell's invafion of Scotland, as he had arrived at the town of Dordrecht or Dort in September 1650. At the end of 06lober Lord Ancram had taken up his refidence at Amfterdam, as the Earl of Calendar, in the poflfcript of his letter (p. 318), fays — " Your noble father and I are together, in whofe com- pany I think myfelf happy." Sir William Makdowell, in writing to Lord Lothian from the Hague, February 165 1, fays, — "The Earl of Ancrum, your Lord- fhip's father, has a neceffity of your Lordfhip's prefent affiflance. I fhall do what I can, but I proteft I have aneuch ado to fubfift my felf, and am clogged with my neceffiteus countrymen." Again, in the fame month, he fays (p. 330) — " Becawes I go hoom to my awen hows for my particular affaires I fchall pray your Lordfhip's father, the Earl of Ancram, go alonge with me to flay till your Lordfhip fent provifion for his neceffitie, and fuppl6 his Lordfhip all the fervice I can" (p. 339). In April that year the fame requeft is thus urgently made : — " As your Lordfhip hes bene pleafed to recommend to me in a letter of the 10 March, from Monros, your father, the Earle of Ancram, and your two fonnes, I fchall peremtorye obey your Lord- fhip's order to the extent of my power, as I have alreddy geven bond to Thomas Morton, merchant at Amfterodam, for two thowfand gilders or two hundred lib. flerling for his Lordfchip, which I befeach yow cawes promptly to be payed to him, as alfo to continow your Lordfhip's favour towards me " etc. (p. 354). The Earl of Ancram's letters, written from Holland during the laft four years of his life, relate chiefly to the increafmg difficulties he experienced for the means of fupport. Both his wife and his fon had contributed as much to his comfort as they were enabled. In the letter of the Countefs of Ancram to Lord Lothian, July 23, 1652, fhe fays — " I think I need not tell you of my afflidion : Your father being banifhed, and all our meanes taken from us, our ten pound a weeke fufpended ever fmce the late King's death, that I have not xxiv ^emoir of JRotiert, OBarl of ancram. been able to afford him the leafl releefe : All my joynter being [having been] ingaged by your father, and, upon every part of it, extent upon extent, that if it had not been for fome, that were meere flrangers to us, and did compaffionat my fad condition by fometimes furnifhing us with meate and fyer, / and my children had Jiarved." The Earl himfelf, as the fame letter further ftates, was conftrained, on account of his debts, to remain in Holland. His wife, addreffmg Lord Lothian, alfo refers to " the many fad letters which I get weekly from my Lord your father of his great wants, and of the difagreeing of the place where he is with his health and age. Therefore his defier is to retyer thens to a more obfcure place, where he may get fome wholefomer ayre, untill it fhall pleafe God to fend him releafe and fubfiftence with us." But what could his friends do for his permanent relief ? Their pen- fions accumulating, and their property partly confifcated. The Earl of Lothian himfelf, on account of public debts, had been put lo the horn — that is, proclaimed an outlaw, and beyond the protection of law. Yet, Lord Ancram was cheered by the vlfit of two of his grand- children, who had been fent abroad for their education. On February lo, 1652, he writes — Your children are in good health, God be thanked, and I am chayned to this place, where I mufl flay a prifoner or a pawne for my felf till I quyte [clear off] the fcore. I have not yet payed a penny for fmce the 3 of September a yeare agoe ; now, it is the fix moneth more. . . . Meane tyme, I lye for it, and fliall lye till I dye, if I be not relieved one way or other. They wryte to me from London many fayre promifes of the Parliament's ; butt I have received no performance of them eyther to me or themfelfs. For my wyfe's weekly mantenance of 10 pound a weeke, if they gett it, I am fure to gett my pairt of it, and I fhall as furely free all I am owing ; for I am now leirn'd to be " penny wyfe," thogh I was formerly " pound foole." If I gett it not, I miijl leave all obnoxious to it, who, I hope, will own me when I am dead. Till then I attend the will of God for Kyng, country, and all my interefls in them is your mofl loving Father, Ancram. The ^arl of Ancram's laft letter, addreffed to the Earl of Lothian, informs him that his two fons had, in good health, fet out for France, a^emoir of iRoliert, oBarl of ancram. XXV along with their tutor Mr. Young, who had recommended this for them as a change of air, concluding with thefe kind afifedlionate words : — • " There is nobody more dear than you and yours are to your moft loving father, Ancram. *' Lett my love be warmly remembered to your wyffe, and to all your children by their names, and Margaret Fafyide. — Amflerdam, December 9, 1654." It mufl have been after a very brief illnefs that this good old man, that fame month, died at Amfterdam, having attained the ripe age of feventy-fix. For this event he had long been prepared, as teftified by various paffages in his letters. In December 1653 he fays — " / am Jlrivingy by God's ajjiftance, to be ready to die, . . I defire but to make a quiet end among them I am bound to, and then layed in any Chriftian buryall, without any pompe or ceremony." . . In this defire to have returned to his native place, and to be laid peaceably, and without parade, among his friends and relations, the Earl of Ancram could not be gratified. It will be feen how little he was indebted to the kindnefs of ftrangers for the performance of thefe laft fervices ; but his affurance was not unfounded that his family would never allow his debts and funeral expenfes to remain undifcharged. The three interefting letters addreffed to the Earl of Lothian by William Malyn, private fecretary to Cromwell in the year 1655, are conne6led with the Earl of Ancram's affairs. In the firft — " I received your Lordfhip's with that enclofed to his High- neffe. Your Lordfliip was pleafed to defire me to further your defiresto his Highneffe, that his Highneffe former order might not be altered. Truely, my Lord, before your Lordfhip's came to my hand, 580 od pownds were returned by bills of exchange, and his Highneffe hath ordered the greatefl parte of it to be fent into Holland for dif- charging of the debts of the late Earle of Ancram, defraying of the expenfes of the interment of his corps ; and that the remainder fhould goe to the releife of the Counteffe and her family. But fince (it d xxvi a^emoir of Eotjert, (ZBarl of anctam. is added) we underfland that the whole foume will hardly reach to anfwere thofe debts, and the charge of the funerall, the Counteffe is refolved not to meddle with a penny of it, that thofe debts and expenfes may be fatisfied." Another letter, in May 1655, or four months after the Earl of Ancram's deceafe, contains the ftartling information that his creditors in Holland had arrefled his dead body before its interment in order to fecure payment of his debts ; and that Cromwell, to his honour, on hearing of this difgraceful proceeding, commanded the Secretary of State to take immediate fteps in the matter. Malyn's words are as follows : " As for the penfion, I formerly gave your Lordfliip an account how that money which was returned from Leith hath been difpofed of, to witt for the fatisfying of debts in Holland; but I heare that fome of the creditours are foe rigorous and exa6ling, that the whole money will not fatisfie them, and that the corps remayne yet uninterred ; and therefore I lately moved his Highnesse to fend to the Dutch Ambaffadour here, to write to the States in Holland, that the funerall might not be difturbed by the creditours, which his Highneffe commanded the Secretary of State to fignifie to the Ambaffadour." Could he have forefeen this, he might have ufed the words of Wolfey (as in Shakefpeare's Henry VHI.) " An old man, broken with the florms of flate, Is come to lay his weary bones among ye ; Give him a little earth for charity ! " The attachment of the Countefs of Ancram to her hufband, as difplayed in her condu6l all this time, fo free from anything approach- ing to felfifhnefs, while providing for his fupport and comfort in his old age, ought not to pafs unnoticed. Lady Anne Stanley, daughter of William, fixth Earl of Derby, and of Elizabeth Vere, was born about the clofe of the fixteenth cen- tury. She married in 162 1, for her fecond hufband. Sir Robert Kerr, who was created Earl of Ancram in 1633. Her brother James, feventh Earl of Derby, diftinguifhed for his loyalty, was taken pri- Trom the origiaal by Tan Some r at ITewtattle Abbej. e$tmit of iaotiert, OBarl of anctam. xxvii foner at the battle of Worcefler, September 3d, 165 1, and was con-' demned and beheaded at Bolton in Lancafhire in 06lober following. Her own family confifled of two fons and four daughters (fee Genealogical Tables, No. III.) Charles, the eldeft fon, fucceeded his father as fecond Earl of Ancram in 1655. He died about the year 1680, without iffue, when the title was merged with that of Lothian ; Stanley Kerr, his fecond fon, whofe name is omitted in the Englifh peerage, having died young. The Earl of Ancram's mother, Margaret Dundas, daughter of Archibald Dundas of Fingafk, as already ftated, married for her fecond hufband, in 1590, Sir George Douglas of Mordington, His eldeft fon, George Douglas, after receiving a learned educa- tion, devoted himfelf to a military life, and, like many of his com- patriots, ferved under i/ie Lyon of the North, Guflavus Adolphus, in 1623. He received the honour of knighthood from Charles the Firft, and was appointed Ambaffador for "concluding of peace or truce between Suethland and Poland, anno 1635." Sir George died fuddenly while at Damin in Pomerania on the 15th March 1635-6. His nephew. Sir William Lockhart of Lee, then a youth aged fifteen, was in his company. After fome delay, we are told, his body having been brought from Hamburg to the pier of Leith, was, " by a great concourfe of honourable company, attended, not long after, to the tombe of his anceflors." An account of Sir George Douglas by his Secretary is fubjoined to a work entitled " The Hiftory of the Troubles of Suethland and Poland, etc.. Concluding with a briefe Commemoration of the Life and Death of S""- George Duglas knight, Lord Ambaffadour Extra- ordinary from the late King of Great Brittaine, for the treaty above mentioned (Treaty of Pacification, Anno 1635), t>y J. Fowler, Secretary to his Lordfhip for that Embaffy." London, 1656, folio. The author dedicates the work "To his Highneffe the Lord Pro- tedlor." He was, moft likely, related to William Fowler, uncle of xxviii e^zmoix of Eotiert, (ZHarl of ancram. Drummond of Hawthornden, and would be well acquainted with his family, when he fays of Sir George Douglas, — " He was a native of Scotland, and defcended from that branch of the honourable houfe of the Duglaffe entitled the Baronnie of Torthorrell, being fon to Sir George Duglaffe knight, whofe father (whileft living) had been, and whofe brother then was lord thereof. His mother was of the houfe of Dundafs, a family of good repute in that nation, as being both ancient and noble. His father came into England either with, or foone after King James, bringing with him his children (whether his lady were then living I cannot fay), George, of whom the prefent mention is made ; James, and Martha, fmce married to Sir James Lockhart of Leigh [Lee], in Scotland, and then of the privy chamber in ordinary to the late King. " His education (after fome yeares fpent in the fchooles) was at the Univerfity of Oxford (if information erre not), and he fo much a fcholar as that the Latine tongue was familiar to him both by fpeech and pen, not onely for ordinary but likewife for elegant expreffions ; neither was he ignorant of the Greek ; but, thinking the fchooles an over foft courfe of exercife, he left them and betook himfelfe to armes, as more fuitable both with his complexion and difpofition." ^ Lord Ancram's mother is alfo mentioned by John Weemes, A.M., of Lathocker, of an ancient family in Fife,^ who was minifler of Dunfe, and was preferred to a prebendal flail in the Cathedral of Durham in June 1632, which he held in conjunflion. He was the author of various works, collected in 4 vols. 4to, London, 1636.^ One of his works, firft publifhed at London, 1632 — "An Expofition of the Ceremoniall Lawes of Mofes, as they are annexed to the Tenne Gommandements ; " has a dedication " To the Right Honourable Sir Robert Ker of Ancram knight. Gentleman of King Charles his Bed- chamber," which, as containing an interefling allufion to Sir Robert and his family, may be quoted. " And now Sir, I dedicate this part of my labours to you, that it ' Fowler's Hijlory^ etc., 1656, p. 216. ^ Douglas's Baronage, p. 553, ' Weemes died in November 1636, aged about 57. (Scott's Fajli, etc., vol. i. p. 404.) a^emoir of Eobert, €arl of ancram. xxix may remalne a note of my thankfulneffe for your favours to mee. I know Sir, that yee will make better ufe of it, then moft men in thefe dayes doe with fuch Treatifes, cafting them by. . . . But I know Sir, your breeding craveth another thing of you, who was bred up under fo wife and religious a mother, who for the education of her children, was another Monica, as your felfe and your vertuous fifter, Miftris Katherine, are fufficient proofes. I cannot paffe by her name upon this occafion, whofe life and death was to me an inftrudlion. Good caufe have you to keepe that methode, as yee have begun it in your eldeft Sonne, fo to profecute the fame with your many hopefull children, which God hath given you by your Noble match, which is one of the beft borne Ladyes of this Land, who dignifieth her birth by her Chriftian, humble, and godly life. Sir, beleeve mee that godli- neffe is more true Honour to you than your birth, although you bee never fo well defcended, and to bee more efleemed, than the place which yee have about our Gracious King, and more than all morall vertues whatfoever." The dedications of fuch books fhould not be negle6led. There may be fome which have efcaped my recolledlion, but the two that follow are worthy of notice. The firft to be mentioned is a little volume of Moral Emblems, in Latin and Englifh verfe, by Robert Fairlie, Scoto-Britannus, printed at London, 1638, i2mo.^ As nothing is faid refpeding Fairley when his Emblems and name were recently revived in a handfomely illuflrated volume of Emblems,^ it may be ' The title is : — " Lychnocaufia five Moralia Facum Emblemata. Lights Morall Emblems. Authore Roberto Farlaeo Scoto-Britanno. London, printed by Tho. Cotes, for Michael Sparke Junior, 1638," i2mo. It is addreffed, " Nobiliffimo et Illullriffimo Domino omnifariae Virtutis et Pietatis fludiis omatiffimo, Dora. Roberto Karo, Comiti ab Ancram," etc. * The title of this modern republication is as follows : — " Moral Emblems, with Aphorifms, Adages, and Proverbs, of all ages and nations, from Jacob Cats and Robert Farlie. With lUuftrations freely rendered, from defigns found in their works, by John Leighton, F.S.A. ; the whole tranflated and edited, with additions, by Richard Pigot, Member of the Leyden Society of Netherlands Literature. London, i860, 4to." The volume was again publiflied in 1862. It is from the first of two volumes that Fairlie's Emblems are feledled ; and no notice is taken of the dedications. XXX a^emoic of iRotiett, (ZEarl of ancram* added that he was a native of Edinburgh, born about the year 1605. He took his degree of A.M. at the univerfity in July 1624, and became (if I miflake not) mafler of the Grammar School of Muffel- burgh. Having been a fuccefsful teacher of Latin for many years, he came forward as a candidate, without fuccefs, for the office of Regent or Profeffor of Humanity, in 1638. In the contemporary hiftory of the Univerfity of Edinburgh, the author, Thomas Craufurd, fays — " Two competitors appeared — Mr. Robert Fairly, fon to an honeft citizen, laureat anno 1624, and long pra6lifed in the profeffion of humanity, cum laude ; and Robert Young (named before), fon to Mr. Andrew Young, late minifter at Abercorn. The rigorous tryal ad aperturam libri was made ufe of. No man doubted but the firfl named (having fo many advantages, and being fo well feen in humanity) fhould carry the prize. But it pleafed the Lord fo far to defert him at that time, that no man did voice for him, whereupon Mr. Robert Young was admitted Profeffor of Humanity, 14th November 1638." Fairlie's dedication of his Emblems, in 1638, to the Earl of Ancram, concludes with eighteen lines of Latin verfe, of which the firfl four may fuffice — Kare Caledonios inter digniffime Divos, Nobilitatis apex, et Pietatis Honos ; Chara Dei loboles, et Regi fidus Achates, Unica Mufarum cura, meumque decus. Nobilitati Tuae devotiffimus, ROBERTUS FARLiEUS. After thefe lines follows a poetical addrefs to Lady Ancram : — To the mofl. Noble and Illuflrious Lady, both for Nobility and Piety, as of Vertue a rare and peerleffe example, Lady Anne Kare, Countesse OF Ancram. The Lizards eyes the face of man amazeth, Looking on which the more and more it gazeth : When I your heaven infufed graces view. Madam, my fenfe amazed flares on You. Q^emoir of IRoliert, €arl of anctam. xxxi Heaven tempers fo its gifts in You alone, As that all graces feeme combin'd in one ; When I do homage to Nobility, Straight on it doth refledl Your piety ; So earthly glory and that of heav'n begun Makes You a glorious objedl like the Sunne, Which darteth forth fo many rayes of light, As that they dazle this my fcantling fight. In You great lunos (lately majeflie Is fraught with Chriftian love and charity You have what vertues learn'd Minerva hath, And for her cegis, you are arm'd with faith. What's Venus beautie to Your facred face, Which is the Phyfiognomie of grace. If for the golden apple there fhould be A ftrife amongft the goddeffes ; To thee Let Paris give it, fo he furely fhall Pleafe all the three, Your felfe being more than all. Your Honours humble, and moll devoted to ferve you ROBERT FARLIE. Fairlie publifhed another volume of Emblems, in the fame year : — " Kalendarium Humanae Vitse : the Kalender of Mans Life, Authore Roberto Farlaeo, Scoto-Britanno. London, printed for William Hope," 1638. i2mo. The dedication is " Illuflriffimo et Nobiliffimo Domino, Dno. Roberto Karo, Comiti a Summerfet, etc." A republication of the well-known work of Florentius Volufenus (1543),^ was edited by David EchHn,^ in 1637, author of various Latin poems, who, after fpending feveral years conne6led with foreign ^ " De Animi Tranquillitate Dialogus, Florentio Volufeno Autore. Lugduni (Lyons), apud Seb. Gryphio, M.D,XL.in.," 4to. Echlin's edition was printed aX. Lugduni Batavorum (Leyden), 1637. Some copies have a new title-page : Ilagce Comitis (The Hague), 1642, izrao. ^ Echlin was educated at St. Andrews, and while at Paris in 1602, he publifhed his Latin poem Ova Pafchalia, included in the Delitice Poetarum Scotorum. AmJI., 1637- xxxii Q^moix Of Eotiert, <2Barl of anccam. colleges, became phyfician to the Queen of Charles the Firft. It is addreffed to the Earl of Ancram — " Generofiffimo Domino Roberto Caro, Comiti de Ancram : Carolo Magnse Britanniae, Franciae, et Hibernias Regi, ex Intimis, a Secretiore Cubiculo and figned " Patrocinio tuo plus quam plurimum devindlus, ac devotus David Echlinus, Marias, Mag. Britanniae, Fran., et Hiber. Reginae Medicus." Another work to be noticed is the volume of Latin Poems ^ of David Hume of Godfcroft, colle6led and publifhed by his fon James Hume, at Paris, in 1639. It includes fome verfes addreffed to Lord Ancram, by the Editor, which may be quoted, as they contain allufions to fome of their mutual relations. Ad Nobilissimum Virum D. Robertum Carum, COMITEM AnCRAMIUM, ET SeRENISSIMO MAGNiE Britanniae Regi a triclinio. Te non ad tantos fors caeca euexit honores, Et genere, et meritis munera digna tuis, Humia gens, Cari, Dundafforumque propago ; Efl genus base matris, efl genus ilia patris, Eft vetus indomitis gens Humia cognita Scotis, Et bellatoris cognita fadla Cari, Clara patris foboles, et claro digna parente, Confilio promptus, promptus vterque manus. Eft tibi Rex cura, quum claudit lumina fomno, Siue patent fomno lumina cafta fuo, Et poft bis denos jam quintus voluitur annus, Rex triplici regno munera bina dedit, Rex torquem dedit, et poft munia longa corollam, Quam placuit titulis accumulare tuis, Vt triplici regno triplex respondeat, opto ; Poftremum titulos euehat vfque tuos : Mens generofa, fides, pietas, prudentia, candor ; Hec poteris titulis adnumerare tuis. ' The title is " Davidis Humii Wedderburnenfis Poemata Omnia. Acceffere ad finem Unio Britannica, et Praelium ad Lipfiam foluta oratione. Parifiis, 1639," fmall 8vo. " Jacobi Humii filii Davidis Humii, Theagrii Wedderburnenfis Carmina," are introduced into this volume at pp. 139-152. ^emoir of iRofiert, (ZBarl of ancram. xxxiii We have no dire<5l evidence that Sir Robert Kerr, either before or after he was created Earl of Ancram, appeared before the public in the charadler of an author. Living fo much in the literary world, and on intixnate terms with fome of his countrymen conne6led with the royal houfehold who diftinguifhed themfelves by their works, we might fuppofe he would have followed the example, for inftance, of Sir Peter Young, Sir Robert Aytoun, Sir David Murray, or Sir William Alexander, Earl of Stirling ; while Drummond of Hawthornden, in a letter (fee p. 519) calls him " the exemplarie of vertue, and the Mufes San6luarye." If the correfpondence that paffed through his hands as a confidential fervant of Prince Henry and Prince Charles had been preferved like that of John Murray of Lochmaben, " gentleman of his Majefly's bedchamber," and afterwards created Earl of Annandale, it would have been invaluable. In the extenfive colle6lion of letters referred to, one of them, relating to the vacancy of the See of St. Andrews, is addreffed to Sir Robert by Alexander Forbes, Bifliop of Caithnefs and Aberdeen, in May 1615.^ One of Sir Robert's correfpondents was Dr. John Donne, Dean of St. Paul's, London. In the poflhumous volume of Donne's Letters, 165 1, there are twenty-four letters addreffed by him to Sir Robert Kerr, ten of which are fele6led and printed, vol. ii. pp. 502- 521 ; but not one of the autograph letters or any of the replies can be difcovered. Horace Walpole, in his Catalogue of Royal and Noble Authors y 1758, mentions Lord Ancram's name thus briefly: — "I find a fhort but very pretty copy of verfes from him to Drummond of Hawthornden, one of the befl modern hiftorians, and no mean imitator of Livy." This alludes to his Sonnet in Praife of a Solitary Life (fee p. 522). In fending this fonnet to Drummond, he fays, as to his verfes, " It is true I get leifure to think few, not that they are * In the Ecclefiaflical Letters, etc., printed for the Bannatyne Club, 1851, vol. ii. p. 437. The Primacy, however, was conferred on John Spottifwood, Bifliop of Glafgow. e xxxiv a^emoit of Eo&ert, /. I/?. It's true the Lady Vere is marryed, but her hufband's eflate mofl. engag'd for her Father's and Mother's supply farr beyond their abilities. Ol>j. 2d. The Lord Carre lives high and feems not to want, but it's on the incom's of that which fhould fupply the refl ; and befides, there is a flory concerning him, as long as all this, which at a fitting time may bee imparted, if the Almighty God fliall incline thofe in authority to pittie his Soule & this Familye's wants. But in the interim without this a weeke, the ;^iooo for prefent and the remainder's fettle- ment, they are the moil miferable objedls for compaffion in England. The mofl. mercifuU God flirre their gratious Prote6lors and deliverers, fayth theire follicitous friend and Servant. [No date.] (2.) Some Proposealls humbly tendred on the behalfe of the Earle of Ancr.'VM and his Countesse, That in regard of their extreame neceffitys through want of that debt of 1,286 : 13 : 4 (the State hath had the ufe of), they lying under great executions for debt, as in their Petition referr'd by his Highnes to the honorable Councell may more at large appere ; It's humbly offered — I/?. That to remove the extents on their only eflate which is but a part of a jointure (left the Lady by a former hulband), and at her death goes to another family, xliv memoir of Eotiect, earl of ancram. their extremity craves that an order may be granted of the money that comes in on Deane and Chapter's Lands, Goldfmith's-Hall and Drury-Houfe, or fuch other provided treafury as fliall be thought meete, for payment of £1000 or ;^8oo to truflees for them, whereby the extents aforefaid may in fome meafure be foe removed as that a little help from that eflate before mentioned might be had foe long as God fhall fpare the life of the faid Counteffe. 2ly. That infupportable mifery attending them, ' unlefle fpeedily releived againfl future impending dangers, it is further humbly defired, that in lieu of the remainder of their arreares (of £,2i,2?>6 : 13 :4 with the valuation of ^^2000 paffed for two lives, fo juft a publique debt), may be allowed & fetled in trull for them, fome reafonable confideracion out of the Forefl Lands, Difcoveiys, or fuch other effedluall way, as fliall be thought taxable of being fome provifion for two fons & 4 daughters of their condition, yet wholy unprovided for. [No date. 1654.] (3.) To his HiGHNES the Lord Protector of England, Scotland, and Ireland — The humble petition of Anne, Countesse of Ancram, Sheweth, That on your Highnefs' fpeciall recomendation, the lall Parliament granted your Petitioner a pencon of £$ a weeke out of the greate debt now depending before your Highnefs and your mofl honourable Councell in fatisfadlion. That by the Treafurers of Goldfmiths' Hall it hath beene well paid untill this late order from fetling, the Exchequer is conceived by the faid Treafurers to put a flop thereunto, untill your Highnefs' further pleafure be fignified unto the Exchequer. Your Petitioner and family (being in foe diflreffed condicion as not to have any other fupport befides), humbly prays for the prefent, that the report of your Petitioner's whole bufmes which lyes in the Lord Strickland's hands may be call'd for, and receive fuch a gratious difpatch as to your Highnes' goodnefs and juftice fliall feeme meete, theire miferable and diflreffed condicon being taken into confideracion. And your Petitioner fliall pray, etc. Indorfed : 77ie Petition of Anne, Counteffe of Ancram. /j // / 7'rom file ori^ai by Jatnieson at "Newbattle Alibey. MEMOIR OF amilUam, €avl of JLotljian. N the preceding Memoir it will be feen that the eldeft fon of Sir Robert Kerr of Ancram, by his firfl wife, Elizabeth^ daughter of Sir John Murray of Blackbarony, was William Kerr, who was born about the year 1605. No record has been difcovered of the precife date, nor any information refpe6l- ing his early years. From the letter addreffed to him by his father, dated St. James', March 29, 162 1, we learn he was then profecuting his fludies at one of the colleges at Cambridge. He was at that time, we may fuppofe, about fifteen years of age, and had for his tutor a Mr. Curwen. His name, however, is not found in the records of the Univerfity, having, probably, been fent abroad, or at leaft not having remained a fufficient time to qualify him for taking the degree of M.A.i The next notice of William Kerr occurs in another letter from his father, dated April 24, 1624, and addreffed to him in Paris, fending him tranfcripts of his metrical tranflation of fome of the Pfalms, which are printed for the firft time in the Appendix at page 487. Among the manufcripts at Newbattle there is a thin folio volume in the handwriting of William Kerr, containing a Journal of his travels through France to different parts of Italy and Switzerland, ' For making this fearch I was indebted to the obliging kindnefs of ProfeiTor the Rev. John E. B. Mayor, M.A., of St. John's College. xlvi Q^emoir of ClOiIliam, OBarl of iLoti)ian» with this title, Itinerario fatto anno 1625, cKera quello dal Jubeleo Urbano OHavo Papa, Barberini. It is therefore moft likely that his father, having fent him to Paris to complete his education, permitted him before returning to his native country, to enjoy an opportunity of vifiting the different parts of the continent noticed in this Journal. Accompanied no doubt by a tutor or fome companions (although no names are given), he fet out from Paris November 6, 1624, and, paffmg through various towns, including Lyon, Chambery, and Modane, he came to St. Andre, " where we were hurl'd in fledges down the hill to Lannoburg (Lanfle-bourg), at the foote of Mont Cenis," and pro- ceeded onwards to Turin, which is defcribed, and from thence to Milan, Modena, Bologna, and Florence. An extra6l from his de- fcription of the latter town may be given as a fpecimen of this Journal : — " Florence. — This toun is feated on a valley having the river Amo running thorow it, over which ther ar foure fair bridges of flone. This toun is encompaffed with a band of hills as with a half moone onlie on the west fyde towards Pifa and the fea. The valley is verie pleafant and fertile, fo that for fome foure or fyve leagues euerie way round about the toun, the houfes of pleafure and villages make as it were one continued toun. On the hill fyde the Duke hath a fyne houfe called Pratalino. It is worthely called "la bella," being the fynefl and befl. built toun in Italy; the ftreets are very fair and have many gentlemen's houfes, the which makes the towns of Italy to furpafs all the world, becaufe the gentlemen live altogether in the cittyes. Ther ar many fair market places, as that by the old palace, where there is a curious fountaine, with many flatues in brafs and flone, efpecialie that of Cofmo de Medici, and in another, by the church of Annunciate, the flatue of Ferdinand, the lad Great Duke. In the great piazza flands the church of St. Michael ; without the church are the flatues of our Saviour and his 1 2 Apollles in braffe. The old Palace is a verie fair one, but yet the Duke doth not live in it, but hath a Gallery which comes from his owne to it, which is a quarter of a myle and croffes the river. In this palace there is a gallery of 150 paces long, full of flatues to the number of 170 litle and great, all old Romane flatues, as that of Scipio Africane at length in braffe ; of M. Aurehus, Trajan, Adrian, TuUy, in Hone. Ther are the pidlures of all the Dukes and Dutcheffes, and on one fyde of the Gallery the pictures of all the famous men of armes, Chriftians, Moors, and Turks ; and on the other fyde all men famous in learning of the aforefayd nations. Within that gallery there is a very curious cabinet, fo full of curio- fities and antiquities that I cannot remember half of them. There is a head of a turquefs Q^emoir of CQilliam, Carl of iLotf)ian, xlvii bigger than both my fids, many cups of amber, chriftall of the rock agat, mother of pearle. There is a verie rich cabinet, fet the outfyd with diamonds, faphires, rubies, emeralds, and all other precious flones. They fay it is richer within, but I did not fee it," etc. After paffing through Sienna, he reached Rome on the 2 2d of December, being Sunday, in time for the opening of the Jubilee — which took place on Tuefday the 24th. He defcribes the ceremonies on that occafion, and the various reliques exhibited in St. Peter's, " the finefl and greateft church in Italy." Among the fair pillars within the church " there are eight at the great altar, curioufly carved, which were brought from Solomon's temple." Adjoining is " the Pope's palace (called Belvedere, because of its pleafant profpect on the river and the gardens), having four courts. In the firft court there is a chappell, called Sixtus his, which ferves for the Conclave, where is the Day of Judgement pay nted, counted the beft peace in the world, by Michaell Angelo," This is followed by a long defcription of Rome, its churches and environs. Having proceeded fouth by Ter- racina and Capua, he came to Naples ; from whence he returned, vifit- ing the other chief towns of Italy, including Bologna and Venice ; and having croffed St. Gothard, he found his way through Switzer- land back to Paris. A fad and tragical event occurred about this time which requires a brief notice — viz., the death of Robert, fecond Earl of Lothian, " a perfon of great fpirit endued with excellent parts." ^ Calderwood, in ' In the '■'■Memoirs of his own Life and Times, by Sir James Turner" (Bannatyne Club, 1829, page 14), is prefixed an account of his manufcripts, in which mention is made of " Ane Elegie on the Death of the Earle of Lothian. Defigned by William Douglas of Tofts." In the " Argument " (which is there printed) Sir James flates he had obtained it from " Archibald Douglas of Lumfden, brother to this Tofts," in a very imperfedl (late, and thus details the circumftances of its produdlion : — " It wants but a few years of halfe ane age fince the Earle of Lothian's death made a great noyfe in the world, the flrange manner of it fumifhing matter of llrange difcourfe to people of all ranks and qualities. He was a perfon of a great fpirit, endued with excellent parts. He had feene the moll renowned places of Europe. Naturally curious he was, which perhaps made him fludie ailrologie. He made choyce of William Douglas of Tofts to be his friend, his confident, and his alter ego. This was a gentleman of a xiviii Q^emoir of aBilUam, €ad of Lotbian* 0 his Hi/lory of the Kirk of Scotland, alludes to it in the following manner : — " Upon Satterday, the 6th of March [1624], Sir Robert Ker, Earle of Lothian, went up earlie in the morning to a chamber in the Place of Newbottle, pretending he was gone to lay accounts and write miffives, and commandit that none fhould come toward him for an houre. He barreth the chamber doore, and cutted his owne throate with a knife, efter he had given himfelf fundrie wounds with his dagger. Some imputed this defperate courfe to the great debts which were lying on his hands; others, to confulting with magicians and witches." ^ Robert, Earl of Lothian had obtained a charter of the lord- Ihip of Newbattle, with a novodamiis in favour of his heirs-male, February 3, 1620, but, not having any male iffue, he fucceeded in obtaining a re-grant by a new charter, dated March 29, 1621, which extended its provifion to heirs-female. It begins — " Jacobus, etc. — Sciatis nos dediffe et confirmaffe noflro coifanguineo et confiliario Roberto Lothianae Comiti, Domino Ker de Newbottle et Morphety et heredibus fuis Mafculis de corpore fuo legitime pro- creandis, Quibiis deficientibus ejus heredi Feminae natu maximae de corpore ftw procreatae feu procreandae, abfqiie divifione," etc.^ In virtue of this charter his eldeft daughter, Lady Anne Kerr, fucceeded as Countefs of Lothian in her own right. Among the " Lothian Papers " is preferved a " Summonds of Speciall Declarator, Sir Robert Ker againft the Tennents and Feuors of the lands of Newbattle," dated 06lober 7, 1625, alfo a "Sum- mons of Improbator, Sir Robert Ker againft the Countefs of Lothian," good fpirit, generous, and learned in omni fcibili, efpecially in the mathematicks, wherein he had attained to fo great a perfe6lion that he had no equal in his own countrey, perhaps few in Chriftendome. As intimate as he was with the Earle, it is clear enough, by his oune complaints, that he was not entrulled with the fecret of his death. He either finifhed, or intended to finifli, the compofition of an Elegie on this fad fubjecSl." ' Wodrow Society edition, vol. vii. p. 595. ^ Regiflrum Magni Sigilli, lib. xlix. No. 225. a^emoir of cauiiam, Carl of lotfjian. xlix dated January i8, 1627, from which we learn that in confequence of the untimely end of Robert, Earl of Lothian, " all and fmdrie guidis, geir, moveable and immoveable, takis of landis and teyndis," etc., had, as ufual, reverted to the Crown, and that the faid Sir Robert Ker"had be gyft of our umquhill darefl father (King James) of worthie memorie " received " the efcheit of all gudis, geir, taks of tyends, and utheris quhilkis pertenit to the faid umquhill Robert, Erie of Lowthian, the tym of his deceis, in maner mentionat in the gift maid to him." From this it appears that the Newbattle property was to a certain extent under the control of Sir Robert Kerr of Ancram, which may have conduced a few years later to the fortunate alliance by which the two families became united in the perfons of Sir William Kerr and Anne, Countefs of Lothian. Sir William Kerr had hitherto evinced no inclination either to follow the life of a courtier, or to enter upon a literary career. The example of many of his friends and countrymen, who, during the pacific government of James, engaged in foreign fervice in the Nether- lands, or under Guflavus Adolphus, may have had no fmall influence in his choice of a military profeffion. It was affumed from the letter at p. 44 that he had accompanied George, Duke of Buckingham, in his ill-fated expedition to the Ifle of Rhe on the weft coaft of France. The Duke, as Admiral of the Fleet, and Commander-in-Chief of the land forces (for neither of which had he any qualifications), fet fail from Portfmouth, June 27, 1627, and appeared before La Rochelle, but eventually landed on the Ifle of Rhe,^ towards the latter end of July. He foon fent a preffmg meffage for reinforcements, afl-cing " not only to haflen the fending away of 6000 Englifli, Irifli, and Scottifli already levied, but alfo to prefs for a further fupply of 7000 more." ^ Accordingly, on the 17th of Auguft 1627, the King ad- dreffed a letter to the Lords of Privy Council, authorifing the Earl of Morton to levy a regiment of 2000 footmen, under his command, " to ' See note to p. 44. ^ Court and Times of Charles I., vol. i. p. 2^67. g 1 Q^emoir of muiiam, (2Barl of iLoti)ian, be tranfported to France for our fervice."^ We learn from the authority already quoted that " the 200 [2000] Scottifh, whereof the Earl of Morton hath the leading, were to embark on the 20th September, and to take their arms at Dover. On the 1 7th 06lober, it is faid " The Earl of Morton is expe6led at Court this day, his Scottiflimen being upon the Coaft to receive their arms at Dover, whom the King doth haften as much as he can after the Englifh, that are fetting out from Plymouth." ^ But it was too late to render the Duke any affiflance ; for the fame writer, when narrating the difaflrous end of the expedition (November 14), adds — "For the Scottiflimen which were come before Portfmouth, and their Colonel, my Lord Morton, who was commanded away two days fmce from hence, they JJiall fave their further journey In the following year the Duke, when preparing to fet out to retrieve his character, with a fleet of 1 50 veffels and a large land force, was affafflnated at Portfmouth by Felton, Auguft 23, 1628. The Earl of Lindefay, who fucceeded the Duke as Admiral of the Fleet, was accompanied by the Earl of Morton as Vice-Admiral, and Sir William Kerr, with his company, formed a part of the forces under his command. Unable to effe6l a landing on account of contrary winds, the fleet could do nothing ; and hard preffed by the French army, Rochelle was at laft compelled to yield, " after the lamentable death, by famine, of 7000 of her inhabitants."* In his letter, November 11, Sir William Kerr relates that after a flormy and difaftrous voyage they arrived on the 9th, and in a letter from Mr. ^ On this head I may notice a poetical tra6l entitled " Encouragements for the Warres of France to excitate, etc., Noble men. Gentlemen, and courageous Scottefs, etc." By William Douglafs, North Britain. Edinburgh, printed by John Wreittoun, 1627, 4to, dedicated to William, Earle of Mortoun, etc. Of this tradl only one copy is known, preferved in the library of S. Chriflie-Miller, Efq., Britvvell Houfe. On examining it recently, I conclude it was the producflion of William Douglas of Tofts, and not of his namefake the Advocate, called " The Poet," author of Grampius' Gratulation to King Charles, etc., Edinburgh, 1633, 4to. " Court and Times of Charles /, vol. i. p. 276. " Ibid. p. 284. * Ibid. p. 422. ^emoir of ^aailliam, €arl of Lotf)ian. li Pory to the Rev. Jofeph Mead, November 14, 1628, it is faid — " My Lord of Lindfey and his Vice-Admiral, the Earl of Morton, are come on fhore." ^ It is fcarcely neceffary to add that thefe expeditions, inflead of aiding, proved moft difaflrous to the French Proteflants, who had occupied La Rochelle as their chief flronghold for nearly half-a-century. Sir William Kerr was engaged in another expedition in aid of the States General againft the Spanifh forces, when Bois-le-Duc in North Brabant, a province of Holland, was befieged by Henry, Prince of Orange, and was forced to capitulate on September 14, 1629, after a fiege of five months. On the 19th of that month he writes, " Now I go up to Arnheim ; what we doe ye fhall know." On Sir William Kerr's return to Scotland in 1630, fome previous arrangements were completed for his marriage with Lady Anne Kerr, the youthful Countefs of Lothian.^ It took place, we prefume, not later than January 163 1. It was, no doubt, through his father's influence he was advanced to the peerage by a new grant as Earl of Lothian, June 23, 1631. Some delays in fettling the terms of the patent feem to have occurred ; and the next brother of Robert, fecond Earl of Lothian, Sir William Kerr of Blackhope, claimed the title as neareft heir-male, notwithflanding the charter re-granted, which fettled the honours on the Earl's eldeft daugrhter. According to an A61 of Council relating to the Earldom of Lothian, dated Whythall, 28th 06lober 1631, Sir William Kerr of Blackhope was interdidled from affuming the title by the Lords of Privy Council, March 8, 1632. The young Countefs, on fucceeding to the eflates of Newbattle, ' Court and Times of Charles Z, vol. i. p. 426. ^ In the bufinefs letters of Mark Cafs of Cockpen to Sir Robert Kerr he writes as follows : — 1627, Aug. 29. — "Out of the affedlion I have to the flanding of the houfe of Newbottill in Lady Anne and your Sonne's perfoun (gif any fic match be intendit)," etc. 1 6 28, Nov. 29. — " Your Sonne's employments in the warres, a moft fufficient excufe." 1629, Nov. . — " Now that he is returned recovered, the marriage to be completed." lii Q^emoir of COiUiam, €arl of JLotbian, found them heavily burdened with debt. Sir Robert Kerr, upon his fon's marriage, with a generous fpirit, as we have feen, redeemed " the Lordfchip of Newbode out of their hands who had compryfed the fame for the late Erie's debts, and by adding his own eftate and other competent meanes, wherby of a perplexed and almoft ruinated eflate, by God's affiftance he hath made it capable of the former dignitie ; haveing alfo provydit a portion to the Lady Jeane, the late Erie's younger daughter." ^ From this time, the Earl of Lothian, for fome years, led a peace- ful life at home ; but a bufier time was at hand, and he was perhaps infenfibly led to take a greater fhare in public matters than he ever anticipated. The King, as previoufly noticed, had determined to force Epifcopacy on the people of Scotland ; and his refolutions on this fubje6l were flrengthened by the intemperate zeal of Archbifhop Laud, and fome of the Scottifh prelates, in regard to do6lrine as well as to forms of worfhip and of church government. The Earl of Lothian may at firfh have been influenced by his friends and relations the Earls of Rothes, Balmerino, and Argyll; but his own ftrong convi6lion of the dangerous courfe which the King had fo unwifely adopted led him to take a decided part in the fubfequent proceedings of the Covenanters. The firft public manifeflation againft innovations in the forms of public worfhip by the ufe of the Service Book, prepared by Arch- bifhop Laud, was the tumult in St. Giles's church on Sunday, July 23, 1637. The enaftment of the five Articles of Perth had been in oppofi- tion to the general feeling of the minifters and their people ; while the book of Canons would have been refifted by the great majority of the PreflDyterian clergy, if they had retained their power, in free General Affemblies. The civil offices and powers conferred on the Scottifh Prelates were viewed with jealoufy, while the propofed transfer of abba- cies and their revenues to the Bifhops with a kind of fupreme control, was naturally oppofed by the nobility and other landed proprietors, ' This A61 of Council, October 28, 1631, is printed at p. 488. e^moix of caiiUiam, OBarl of lotbian. liii who, as titulars of teinds, had fecured for themfelves grants of Church lands from the Crown after the Reformation, All thefe circumftances, combined with the powers affumed by the Scottifh Prelates, gave importance to this accidental uproar. The King, in his inftru6lions to the Privy Council, dire6led them to inveftigate the caufe, and to punifh the inftigators of this " uproar," They declared, it proceeded from a number of rude and bafe people, chiefly women, in the perfuafion that when the reading of the new forms of prayer began, it was little elfe than bringing back the ceremonies and ritual of Popery,^ The effects which this produced could not have been forefeen, as the ufe of this Service Book was the means of creating a ferment throughout the land, when the fmouldering embers broke out into a flame, not to be extinguiflied during the King's reign. Some of the leading Covenanters were at firft reluc- tant to join in any courfe tending to a forcible refiflance of the Sovereign, Sir Robert Kerr, now Earl of Ancram, from his pofltion at Court, could not but be apprehenfive at fuch proceedings ; and Lord Lothian, 06lober 3, 1637 (referring to a letter not preferved), fays, " the end of this letter bids me carie myfelf warily in thefe broyles, which I fliall doe by all the little judgment I have ; but they increafe wonderfully, as yow have heard long ere now of the paffages of the Counfell day." But ftill, until this period, there is no evidence of his having fliown any difpofltion to a6l in oppofltion to the King ; his whole condu6l would rather warrant a different conclufion. The Supplications againft the Service Book, which came pouring ^ In Row's Hijlory of the Kirk it is faid, " When the nixt Sabbath, Julie 23, came, the Bifliop of Edinburgh (after that the ordinare prayers had been read in the morn- ing), about ten o'clock brought in the Service Book to the pulpit, and his Dean fatt in the reader's feat with his Service Book before him in the Great Kirk of Edinburgh . . , Now, fo foon as the Bifliop did open his Service Booke, and began to read thereon, and the people perceaving the Dean opening his book alfo ; all the commone people, efpeciallie the women, rofe up with fuch a lowd clamour and uproare, so that nothing could be heard ; fome cryed, ' Woe, woe ! ' fome cryed, ' Sorrow, forrow ! ' " — {Hijlory of the Kirk of Scoilatid, Wodrow Society edition, 1842, p, 408.) liv Q^emoir of oniUiam, OBarl of Lotbian. in to the Privy Council, and the King's unfatisfactory anfwers, made it evident the time had at laft arrived when the adherents of the Church of Scotland required to change their teftimony from a paffive to an aflive flate. As the Privy Council had agreed to hold a meeting, 06lober 18, to announce the King's reply to the Supplicants, the flreets of Edinburgh on that day were crowded by perfons of all ranks, from every part of the country. The refult was a fecond tumult, when the Treafurer (Lord Traquair), the Provoft of Edinburgh (Sir John Hay), and the Bifhop of Galloway (Sydferf), who had rendered themfelves very obnoxious to the people, were threatened to be ftoned or torn in pieces by the mob ; and a meffage was fent to a meeting of the nobility, requefting fome of their number, beft known, to come for their prote6lion, and efcort them to a place of fafety. In this way Lord Lothian, in his letter, 06lober 27, fays, " My Lord Rothes put himfelf on one fide of the Bifhop, and I on the other," and fucceeded in conveying him fafely down the flreet. No wonder that the reports of fuch tumults had alarmed the Earl of Ancram, as giving warning, like the reverberating echoes of diftant thunder, of a coming tempefl. In the letter referred to, the Earl of Lothian makes no allufion to the fa(5l that he himfelf was one of twenty of the nobility who had previoufly figned the Supplication to the Council on the 20th of September. The Supplicants refolved to hold an adjourned meeting in Edinburgh, for the purpofe of renewing their petitions, November 15, and on this occafion a flill greater convocation took place. The Privy Council became alarmed, and wrote to the nobles, endeavouring to perfuade them that their frequent meetings, and in fuch numbers, were alike informal and illegal. The petitioners had no difficulty in anfwering this accufation, at the fame time fignifying that, as the redrefs of their grievances would take up fome time, they were willing to choofe Commiffioners from the whole body to attend his Majefly's anfwer to their fupplications. The Privy Council, being afraid of ^cmoir of ca3illiam, (Bati of Hotbian. Iv frefh tumults, or greater evils, that might arife from fuch great con- courfe of people, were content with this propofal. In order therefore to fecure united a6lion, and to counteracSl the Council's proceedings, a certain number of Commiffioners were appointed from the four claffes, the Nobility, Gentry, Burgeffes, and Miniflers, who fhould reprefent the whole Supplicants, and fit in four feparate apartments in the Parliament Houfe, each rank confulting by themfelves ; hence, fays Row,^ they were called The Tables ; while " the enemies of the good caufe, the caufe of God, called all their meetings and fupplica- tions Treafon and Rebellion." The Commiffioners accordingly fat at their refpe6live tables, and arranged all the proceedings, and iffued the neceffary inflructions, which were obferved with great alacrity. The mod important refolution of The Tables was, the expediency of adopting the former religious Covenant or mutual Bond for the maintenance of the true Religion, the prote6lion of the King's perfon, and their own defence, as contained in the National Con- feffion of 1580, in which the errors of Popery were abjured, with fuch alterations or additions as were applicable in their prefent emergency. The figning of this National Covenant was inaugurated with great folemnity at the Greyfriars Church, February 28, 1638. Copies written on large fheets of parchment were prepared and forwarded to all the principal towns and parifhes throughout the country to obtain fignatures, thefe copies being figned at the top by the lead- ing Covenanters at the different Tables, as an example to others. Among the names of the nobility, which ufually occur on the firft line, are, Rothes, Loudoun, Cassilis, Lothian, Dalhousie, Home, Elcho, Montrose, etc. A confiderable number of copies written by Notaries, in various ftyles, with fignatures, are flill preferved.^ ' Hijlorie of the Kirk, etc., edit. 1842, p. 486. ^ Facfimiles of fome of the copies have been pubUfhed ; one of thefe forms No. xcvii. in Vol. III. of the National Afafiufcripts of Scotland, 1871, large folio. In the Proceedings of the Society of Antiquaries of Scotland {vol. iv. pp. 232-50) I gave a detailed account of mofl of the copies that were known. It was read May 1847, but not printed till 1862. Ivi Q^emoir of milMm, — " that part of the defpatch which concerns your Lordfhip, the Committee of both kingdoms have made it a part of the report that is to be made to the Houfe, that it is neceffary that your Lordfhip be written to goe and take the charge of the armies in Ulfter, as Lieutenant-Generall, according to your commiffoun, and that your Lordfhip be incouraged and inabled to goe." The Earl of Lothian, however, feems at this time to have refided conftantly in Scotland, as his name occurs among the nobility prefent at the meetings of Parliament in Edinburgh that year. After the battle of Nafeby, June 14, 1645, the King found himfelf in a very hopelefs ftate. He firft retired to Wales, and then to Oxford, where he remained for more than eight months cherifhing delufive hopes of ftirring up jealoufy between the Prefbyterian and Independent fa6lions. On the approach of Fairfax to befiege the city, Charles, finding he could not remain much longer in fafety at Oxford made his efcape in difguife at night on April 27, with only two attendants, and within eight days took fhelter unexpe6ledly with the Scottifh army before Newark. He was received with all due refpeft, but foon after, for greater fecurity, he was efcorted to New- caflle, and arrived there on Wednefday, May 13. He was informed, however, that unlefs he figned the Covenant and gave an unfeigned affent to the eflablifhed Prefbyterian form of Church government, it was hopelefs to expe6l anything from the leaders of the Scottifh army. In Baillie's Letters and Journals will be found various reports on the fubje6l then in circulation. A few fentences may be quoted. (May 8 th.) — " The King, on Monday early, went, as Afhbumham's man, out of Oxford. For almofl eight dayes, great fear and ignorance here whither he had gone. Many did think he was in London, many that he was for Ireland. At lafl. he was found in our armie at Newark." (May 15th.) — "There was great appearance of furrounding our armie at Newark, with all the forces they had, at leafl with twenty thoufand weel-armed men, to take k Ixxiv ^emoir of COilliam, OBarl of lotbian. the King from us to prifon, or to cut us off. This made us, atter the ending of the capitulation of Newark, to retire with fpeed. We are now out of their danger in hafte. The facftion's great defigne is to continue the warre, a peace is their quick and evident ruin ; . . but our great perplexitie is for the King's difpofition. . . By God's help, they will endeavour to make him take the Covenant [and] be fully directed to follow the advyce of his Parliament. If he doe fo, we expedl from God prefentlie a happy peace ; if his induration be remeedilefs, our Army will not flielter him : for, by God's grace, doe he what he will, we fhall be honeft and flicke by our Covenant, how greatlie foever this people fufpedls, meafuring us by their own hearts." (July 28.) — "When I look upon the difpofition of all men I know, I fee nothing bot ruine for poor Scotland, except the God of Heaven help yow there to fave that poore Prince from deftroying of himfelf and his pofteritie, againfl. whom he has but invocat too oft the name of God. Though he fhould fwear it, no man will believe it, that he flicks upon Epifcopacie for any confcience." The Earl of Lothian has preferved fome Notes of the proceedings at Newcaftle in May and June 1646. There is alfo at page 185 a very interefting letter, in reference to the King's prefence with the Scots, addreffed to Lord Lothian by Robert Leighton, from Newbattle, June 8, 1646, in which he fays — " Your Lordfhip's faithfulneffe and free- dome we learn of here, with as much contentment to all well-minded, as pojfibly it is of difcontent to Him (the King) that Jlillmqft mi/takes thofe that wiJJt him deft." In writing to his father (July 30) he fays, " I am flriving to diffm- gadge myfelf of all publike affairs, and only betake myfelf to my private affairs ; for I gett every day difgufls and difpleafures, which you will knowe better from others then myfelf" While the King, fafely lodged in Newcaftle, was engaged in difputes regarding Prefbytery and Epifcopacy,^ the Englifh were defirous that the Scottifli Army, now that the war was over, fhould leave the kingdom. The Scots themfelves were not lefs defirous to return. Two important quefhions, however, remained to be firft fettled. One was, the payment of arrears that were claimed as due from the Englifh Parliament; the other, the difpofal of the King's perfon. After confiderable difcuffion, beginning Augufl 1 2, on Sep- See note to page 183. Q^emoir of a^ilUam, OBatl of lot^ian. Ixxv tember i, the amount of arrears definitely fixed was ^400,000, one half to be advanced before the departure of the Scottifh army. The other point was carried on fimultaneoufly,^ but they were quite difl;in6l from each other. The Houfe of Commons, September 18, refolved, that the difpofal of the King's perfon belonged ex- clufively to the two Houfes. This was refented by the Scottifh Commiffioners, who claimed to have a natural and equal right to vote, in regard to the King's perfon. Their condu6l in this difpute was in itfelf fufficient fully to exculpate them from the charge of any previous fecret-bargain (which has frequently been alleged), in the unjuft afperfion of the Scots felling their King for ;i^200,ooo, when they received payment of arrears. Had this been fo, it might be afked whether the Englifh had any claim of acfling more honourably, if they reforted to fuch a palpable a6l of bribery in order to accomplifh their obje6l of killing their King ? It has, at leaft, never been called in queftion that the King's reforting to the Scottifh camp was a flep quite voluntary on his own part, having received neither invitation to do fo nor guarantee for his fecurity. A letter to the Committee of both kingdoms touching the King's coming to the army was addreffed, May 6, 1646, by the General Lord Leven, the Lords Dunfermling, Lothian, and fix others, ' " It unavoidably happened (fays Godwin), that the treaty for the four hundred thoufand pounds to difcharge the demands of the Scots and the arrears due to the Scots army, and the negociation for dehvering up the King's perfon, went on at the fame time, and by correfponding fteps ; and this in the ordinary language of hiflory has been called bartering the King's person for gold. It is true that from the circumflances of the time the one could not go on without the other : the money would not have been paid when it was paid, and the perfon of Charles would not have been delivered to the Englifh jufl. at that period, if it had not been neceflary that the one and the other fliould be done without delay. Both meafures were jufl. The Scots army had earned their wages, and could not be difbanded without this fupply. And no perfon who underilood the true interefls and welfare of Scotland can fail to believe that it would have been madnefs on the part of the Northern nation to have carried the King back with them into their own country, unlefs he firfl took the Covenant." (Godwin's Hijlory of the Commonwealth^ vol. ii. pp. 255-6.) Ixxvi Q^emoir of aBiIliam, (2Bad of JLotlbian. in which they declare " that there hath been no Treaty nor Capitula- tion betwixt his Majefty and us, nor any in our names ; and that we leave the ways and means of peace unto the power and wifdom of the Parliaments of both Kingdoms." ^ The queflion itfelf was one of great difficulty. Charles was quite aware that his prefence in Scotland would immediately have given rife to a renewal of the civil war. This he might not have lamented, as under all his varied circumflances the King flill continued to deceive himfelf by cherifhing the delufive hope of regaining fupreme power through difunion of his enemies, which (in Hallam's words) " lured him on to deflru6lion." The brief fummary of proceedings at this time, as contained in the Memoirs of Robert Blair, minifter of St. Andrews, is worthy of notice, he himfelf having been one of the Commiffioners. " In end, the Parliament affented to the votes of the Englifh Parliament, anent the removal of our army out of England, anent the payment of their arrears, and (in cafe the King flill continued to refufe to fatisfy the jufl defires of his Parliaments for the fecurity of religion and the peace of the kingdoms) anent the King's going to Holmby-houfe. They refolved that, if the King would not subfcribe the Covenant and Proportions, that the kingdom fhould be governed as thefe fix years bypafl. . . . All bufmefs being thus accorded and ordered, in January 1647 our Parliament did yet again fend up Commiffioners to the King, viz. Lothian, Balcarras, Frieland, Garth- land, and William Glendinning. The Chancellor (the Earl of Loudoun), being come from London did join with them at Newcaflle. Their commiffion was, that the King would yet be pleafed (fo fincerely defirous were all honed men of his welfare and happinefs) to fubfcribe the Covenant and Propofitions, and heartily join with his Parliaments for the advancement of the work of Reformation of religion in his kingdoms. The King, as oft before, refufed either to fubfcribe the Covenant or Propofitions. He was defirous to have come to Scotland with the Army, hoping to make a ftrong party there for his defigns. But both Parliaments having concluded his going to Holmby-houfe, he intended, in a difguife, to make his efcape (as was thought), but could not get it done. Being challenged by the firil guard he came towards, he retired again into his bed-chamber." " The Scottifh Commiffioners prefented to the King at Newcaftle the votes of the Parliament of Scotland, January 12, 1647, to the ' Printed in Rufliworth's ColleBions, Fourth Part, vol. i. p, 268. ^ Manoirs of Mr. Robert Blair ; Wodrow Soc. edit., p. 193. ^emoir of 2BilUam, €arl of lotf)ian. Ixxvii effe6l that unlefs he granted the Propofitions concerning rehgion and the Covenant, "your Majefly cannot be admitted to come or remain in Scotland, with freedom." The King's anfwer, refufmg to give his confent, being returned back to Edinburgh on the i6th, was laid before a meeting of ParUament on that day, and produced the Declaration of the Kingdome of Scotland concerning the King's Majestie's Person,^ from which the following is an extract : — " Therefore the Eflates of Parliament of the Kingdome of Scotland, and in regard of his Majefties not giving fatisfadlorie anfwer to the Propofitions as yet, and out of their earned defire to keep a right underflanding betwixt thefe Kingdomes, to prevent new troubles within the fame, to fatisfie the defire of his Majefty, and the two Houfes of Parliament of England, and of this Kingdome, for his refidence in fome of his houfes near the Parliament of England, and to prevent mif-information, and to give fatisfa£lion to all ; Do declare their concurrence for the King's Majeflies going to Holmeby-houfe, or fome other of his houfes in or about London, as fhall be thought fit, there to remain untill he give fatisfadlion to both Kingdomes in the Propofitions of Peace : And that in the interim there be no harme, prejudice, violence, nor injury done to his Royall Perfon : That there be no change of Government other then hes been thefe three yeares pafi. : And that his pollerity in nowayes be prejudged in their lawfull fucceffion to the Crown and Government of thefe Kingdomes." The time propofed for the removal of the Scottifh army, and to leave the King in the hands of the Englifh Commiffioners, being near at hand, the noblemen and others who were appointed to condu6l the King to Holdenby or Holmeby, left London, January 12, 1647, and on the ninth day following arrived at Newcaflle. Sir Thomas Herbert, then a youth, had been appointed Groom of the Chambers to his Majefty, and, as an eye-witnefs, he has preferved in his Memoirs many interefling particulars regarding his Royal Mafter. In noticing their arrival and reception, he fays, " The Commiffioners, after a very fliort repofe, went to the houfe where the King then lodged in Newcaftle; and being conduced to the prefence-chamber, his Majefty, foon after his being acquainted with their coming, came into the prefence, and with affability received and gave them his hand to kifs ; and being by the Commiffioners told the occafion of their ' A£ls of Parliament, vol. vi. p. 239. Ixxviii Q^emoir of QBilliam, (ZEarl of lLott)ian, repair thither to attend his Majefly, the King feemed very well pleafed therewith, and faid they were welcom, for he knew moft of them, none of them were ftrangers to him, and no lefs welcom was their bufmefs ; well hoping, that his drawing nearer his Parliament would be a means to remove jealoufies and diftrufts, and eftablifh a right underftanding betwixt him and his two Houfes of Parliament. " The King, both by his alacrity and cheerfulnefs of his counte- nance, made it appear to all that were there (and the prefence-chamber was then full), that he was no lefs willing to part from the Scots than they with him, and that his going South was very fatisfa6lory to him ; and after fome mirthful paffages with the Earl of Pembroke . . the King told him he was glad to fee that he could fo well in his old age perform fo long a winterly journey, with the reft of the Commiffioners who were youthful. He then advifed them to go and refrefh themfelves, and attend him the next morning. Which the Commiffioners accordingly obferved." ^ The Earl of Lothian and James M'Dowall of Garthland were fpecially appointed by the Scottifh Parliament to attend the King in his journey to Holmeby-houfe. The Earl continued with the King apparently for fome weeks, and appears afterwards to have vifited London. On the 30th of January the other Scots Commiffioners took leave of the King, and their Army evacuated the town of Newcaftle, having received payment of the firft inftalment of their arrears. Charles and his attendants arrived at Holmeby or Holdenby about the middle of February, and remained there for fome months, treated with great refpedl, partly owing to his own quiet and dignified deportment, as he can " fcarcely be accufed of having loft fight at any time of the perfonal demeanour which he thought befitting a mgr. - ' Memoirs of the Two lajl years of the Reign of King Charles I. Lond. 1702. 8vo. Republiflied, Lond. 18 13. Svo. ' Godwin's Hiflory of the Commonwealth, 1826, vol. ii. p. 262. ^emoir of COilliam, Cad of lotbian. ixxix In 06lober the Committee of Eftates fent the Earl of Loudoun Lord Chancellor, and the Earl of Lanerick, to unite with Lauderdale, at that time in London, in endeavouring to procure a reconciliation between the King and the Englifh Parliament. In this they failed, but continued to manifeft the loyalty of their nation to the per/on of the King, by fending a letter to the Speaker of the Com- mons, November 5, complaining of the violence done by the army to the King's perfon, and of his being ftill detained in captivity ; intimating " that no alteration of affairs (hall ever feparate them from the duty and allegiance they owe unto his Majefty, nor from their conftant refolution to live in loyalty under his government ; " and de- firing that " there may be a Perfonal Treaty with his Majefty, as the beft and readiefl means to obtain the joint defires of both Kingdoms." The Committee of Eflates met at Edinburgh on the 8th of February 1648, "on which day, both the Englifh Commiffioners, Mr. Afliurfl and Collonell Birch, came to Edinburgh with Mr. Marfhall, and alfo the Scots Commiffioners that night. . . The Marquis of Arguile, the Earl Lauderdaile, and the Lord Lothean, gave our Commiffioners a vifit at their lodging. . . Thefe three Lords were very courteous to our Commiffioners, and the Scots in generall are civill to them."^ The renewed agitation in Scotland in favour of the reftoration of the King, by the Royalifls, under James, Duke of Hamilton, which led to what was called The Engagement, but to which Argyle, Lothian, and the church party were decidedly oppofed, proved moft unfortu- nate. An invafion of England was attempted in Augufl that year, for the purpofe of obtaining poffeffion of Carlifle and Berwick for garrifons. This refulted in their total defeat at Preflon, and precipi- tated the fate of their Royal M after. ' Rufhworth, part iv. vol. ii. p. 864. 2 Papers from Scotland of TranfaHions of ike Scots Commiffioners concerning the King and the Far/lament of England, delivered at the Convention of Eflates at Edinburgh. London, 1648. 4to. Ixxx a^emotr of milUam, (ZBarl of JLotbian, The Army having fecured the fupremacy, after Charles had refufed to accept the treaty at Newport, prefented, in September, a Remonftrance to Parliament, demanding execution of juftice on the King, as guilty of all the bloodfhed in their long-continued National calamities. A ftrong feeling in the King's favour flill prevailed in Scotland, notwithftanding their experience of his obduracy and want of fmcerity in all his negotiations. In the month following the Scottifh Parliament accordingly appointed as their Commiffioners the Earl of Lothian, Sir John Cheiflie, and William Glendinning,^ to reprefent to the two Houfes, that as they were in no ways acceffary to the late breach that had taken place, they would willingly concur in any good meafure for the fettlement of peace, and their readinefs to appoint Commif- fioners to fet on foot a new treaty with the King.^ The Englifh Sectaries, however, having now decided to take away the King's life, he was brought prifoner from the Ifle of Wight to Windfor. The Scottifh Commiffioners in London were imme- diately inflrufted to oppofe fuch proceedings by all means poffible ; but " that nothing proceed from you, juftifying the King's proceedings and actions, or in approbation of the late Engagement." Thefe Com- miffioners accordingly, January 6, 1649, in name of the Kingdom of Scotland, prefented in writing a ftrong remonftrance, and continued their exertions by authority from both Church and State, by protefts and otherwife, that ftiould they proceed and pronounce fentence againft the King, " that this Kingdom may be free of all the defola- tion, mifery, and bloodflied that inevitably will follow them." More- over, as the Earl of Lothian relates in his letter to Charles IL in 1660, they " dealt with the Ambaffadors of France and Holland, and with all other perfons, that in any manner could have helped to hinder that moft wicked Act," and they likewife endeavoured, up till January 29, the day before the King's execution, to entreat Fairfax ' Or Glendonning : he was Provofl. of Kirkcudbright. ^ Ails of Parliament, vol. vi. p. 424, e^moix of COilliam, Carl of Lotfjian, Ixxxi and Cromwell to interpofe their authority to fave the life of Charles. The letter of the Commiffioners addreffed to Lord Fairfax is already printed at page 238, but that to Cromwell is of equal im- portance, and runs as follows : — Sir, Wee haue upon feverall occafions earneflly follicited you to contribute your befl. endeavours for prefervation of his Majeflies perfon, and this day wee haue beine thrice feeking you, twice at your lodgeing and once elfwhere, but miffed the opportunity of meeting with you, whereof wee were very defierous, fo much the more that wee haue receiued the comands of the Eflates of the Parliament of Scotland to wait upon you, and earneflly to intreat your concurrence and affiftance for preventing the takeing away of his Majeflies life, as we haue alfo written in a letter to his Excellency, which hee will comunicat unto you. Sir, you haue beine a witnefs, both formerly and of late, of the reall affeflion and tender refpe6l which all the welaffedled of the Kingdome of Scotland haue to the honour and welfare of England, and how zealous they haue manyfefted themfelves, both by their acflions and fufferings, to preferve the rights and interefl of the Kingdome : Wherefore, wee haue the better ground to hope that you will ufe your endeavours that the right and interefl. of the Kingdome of Scotland in his Majeflie may be duely confidered, and tender regard had to their honour, who trufled their brethren of this Kingdome with the prefervation of his perfon. Wee doe therefore make it our earnefl. requefl. to you, in their names, to interpofe and to improve your interefl and power (which wee know to be very great) for preventing the taking away of his Majeflies life ; which, if you flialbe pleafed to doe, it wilbe highly accounted of by the Parliament of Scotland, and be looked upon as a fpeciall obligation, and an addition to all your former kindnes and refpefls. Wee fhall not neede to adde any argument as from our felves, but that it would be a teftimony that wee haue not beine wanting in our duety, and enable us to giue evidence to the Kingdome of Scotland that wee haue beine faith full in the difcharge of our trufl. And fo we refl, Your mofl humble Servants, Lothian. CovENT Garden, the 29th of Jo. Cheisly. January 1649. WiLLIAM GlENDONING. For the Right Honourable Lieut.-Generall Cromwell.' Fairfax is faid to have fhown a ftrong defire to have the King's life preferved, but his power was not fufficient to prevent the execu- tion. In the clofmg fcenes of the life of that monarch, his condu6l ' A^s of Parliammi^ vol. vi. p. 362. / Ixxxii Q^emoir of milUam, €arl of 3lLott)ian. could not but excite the deepeft intereft. When before the Court, on his trial, with great temper and dignity he declined the authority and refufed to fubmit himfelf to the jurifdi6lion of the High Court of Juflice. " Never monarch (fays Hume), in the full triumph of fuc- cefs and vi6lory, was more dear to his people, than his misfortunes and magnanimity, his patience and piety, had rendered this unhappy prince." No fooner had the Eflates of Parliament received certain intelli- gence of the King's execution, than they, in order to witnefs abhor- rence thereof, at once and without delay proclaimed at the Crofs of Edinburgh, his fon Prince Charles, King of Scotland. The King's title to the Crown of England and Ireland was alfo duly acknowledged. On the following day inflru6lions were fent from the Parliament to their commiffioners at London "to come away for Scotland ; " and the next day, in an " Act anent fecuring of the Covenant, Religion, and peace of the kingdom," the Eflates " de- clared, ena6ted, and ordained, that before the King, who now is, be admitted to the exercife of his Royall power, he fhall leave all Counfell and Counfellors prejudiciall to Religion, and to the Nationall Covenant, and to the Solemn League and Covenant." The expediency of this refolution became afterwards very apparent. Whitelocke, in his Memorials (February 26, 1648-9), fays — " The Speaker acquainted the Houfe with a letter the Scots Com- miffioners fent him, at their going away, which was without leave ; the letter was full of bitternefs againft the Parliament, and their late Proceedings againft the King, the Houfe of Lords, and the fecluded members."^ Before the Commiffioners could leave London, they prefented to Parliament the paper, on February 24, recapitulating paft events fince 1642, which is printed at pages 239 to 246, under this title — " The Desires of the Commiffioners of the Kingdom of Scotland, that both Houfes of Parliament may fitt in freedome, for fettling of ' Memorials of the Englijh Affairs (i 625-1 660). Lond. 1732, folio, p. 384. ^emoir of miWiam, (ZBarl of lotbian. Ixxxiii Religion according to the Covenant, and that King Charles the Second (upon juft fatisfa6lion given) may be admitted to the Government of thefe Kingdoms. Together with their Protestation againft all pro- ceeedings to the contrary." Two days later, when this bold Statem»ent and Proteftation ^ was read to Parliament, fo much indignation was excited, that the Houfe, upon " taking the fame into their ferious confideration," declared that the faid paper, " fubfcribed by the Earle of Lothiane, Sir John Chiefly, and William Glendoning, in the name of the Kingdome of Scotland," " doeth containe much fcandalous and reproachfull matter againft the juft proceedings of this Parliament, and an affuming on the behalf of that Kingdome to have power over the lawes and government of this Nation, to the high difhonour thereof." This reception was, indeed, to be expelled ; Parliament, on the 6th of that month, having abolifhed the Houfe of Peers in Parliament as ufelefs and dangerous ; and on the following day paffed an A61 for :he abolition of Monarchy, and the eredlion of a Council of State for the government of the Kingdom. The Speaker was likewife autho- rifed to addrefs a letter, in the name of the Council of State appointed by authority of the Parliament of England, to the Parliament of Scotland, to know. Whether they owned and juftified the faid paper, figned by the Earl of Lothian and the two other Commiffioners ? On the fame day it was further " Ordered, That the Lord Lothian, Sir John Cheifley, and Mr. Glendoninge, Commiffioners of the Kingdom of Scotland, fhall have a guard fet on their lodging, to fecure them from violence ; and alfo to reftrain them from communi- cation with any, by whom the fedition, contained in their papers, dated the 24th February i648[-9], might be promulged." Orders had meanwhile been fecretly conveyed from the Eftates of Scotland to their Commiffioners, to proceed, along with Mr. Robert Blair, ' This paper, which is of confiderable length, was not inferted in the Journals of the Houfe, but was printed at the time, and is inferted in the A^s of the Scots Parlia- ment, when produced and read, March 7 (vol. vi. pp. 404-407). ixxxiv a^emoic of aiJlilliam, €atl of iLotl)ian. to Holland, as a deputation to the King, who had taken refuge in that country. Having put themfelves in deep mourning for the late King, they arranged to embark in a veffel at Gravefend, to which they repaired, immediately after fending the preceding docu- ment to the Englifh Parliament.^ But when about to embark, they were arrefted under a warrant from Colonel Harrifon, and committed clofe prifoners in the Block-houfe at Gravefend. The Commiffioners, after being thus kept for fome days, were fent with a troop of Cromwell's horfe, under the command of Captain Dolphin, to Berwick, there to be detained, " unlefs the States of Scotland did own their proceedings." This the Committee of Eftates forthwith did, declaring that " the Earl of Lothian, Sir John Chiefly, and William Glendoning, have behaved and demeaned themfelves wifely, faithfully, and diligently, in obfervance of the inftru6lions and according to the warrants given them, and approve of all their pro- ceedings in relation thereunto ; and for their great pains and faithful- nefs therein, ordains the Lord Chancellor, Prefident of the Committee, and in name thereof, to render them hearty thanks." ^ During Lord Lothian's abfence, the Committee of Efl:ates had deprived William, Earl of Lanerick, of the office of Secretary of State for Scotland, as a Malignant whom " the A61 of Claffes " declared incapable of holding any place of public truft ; ^ and William, Earl of Lothian, without his knowledge, March lo, was appointed by Parliament to the vacant office. Charles the Second, by patent, afterwards confirmed this appointment. The Lord Chancellor Clarendon, whofe partiality as a hiflorian is well known, and who appears to have taken fome diflike to Lord Lothian, fays " that when the Earl of Lanerick was deprived of being Secretary of State (in 1648), that office was conferred upon the Earl of Lothian ; who, in the beginning of the Rebellion, had been employed by the confpirators into France, and coming ' Life of Robert Blair, p. 217. "^Journals, Houfe of Cotnmons, vol. vi. p. 151. ^ A6ls of Parliament, vol. vi. pp. 355, 370. a^emoir of WiWiam, €at\ of lotbian* ixxxv afterwards into England was imprifoned thereupon, and being after fet at liberty continued amongft thofe who, upon all occafions, carried the rebellion highefl, and fhewed the moft implacable malice to the perfon of the King." Lord Clarendon overlooked the fad that although Lord Lothian was employed by Parliament to proceed to France, the King, jealous of what he confidered to be fome encroachment on the royal prerogative, furnifhed him with the " Infbrudions for our right trufty and right wel-beloved coufin and councellour [William] Earl of Lothian, whom we have thought fitt to employ to our deere brother, the French King, upon thefe inflrudions following," as at page 142 ; and there is abundant proof that Lord Lothian confined himfelf to thefe. Farther, on his return from France, after a long and fevere imprifonment he only obtained his liberty m exchange for Colonel Goring ; the caufe of his imprifon- ment being, not for any treafon committed, but for refufing to take fome oath arainft his confcience. Again, on the erection of the High Court of Juflice for the King's trial. Lord Clarendon fays, that, notwithflanding all the arti- fices Argyll could ufe, the whole of Scotland was in a flame. Upon which, as Commiffioners, William, Earl of Lothian, and two others, " were made choife of and prefently fent away, that they might make all poffible hafte to Weftminfter ; and were, immediately upon their arrival, to demand permiffion to wait upon the King, wherever he Ihould be, and to receive from him fuch farther direcflions, as he fhould judge neceffary for his fervice." After noticing what he calls their private inftrudions, and infinuating an agreement between Cromwell and Argyll, he adds, " After the King had been twice brought before the High Court of Juflice, they gave in their very calm protejlation" etc. No mention is made of the previous efforts of the Commiffioners ; and as to the Proteftation itself, the reader can judge by turning to the Correfpondence given in thefe volumes from page 229 to 246.^ ' The Hijlory of the Rebellion and Civil Wars in England, to which is added an Ixxxvi Q^emoir of 9BilUam, Catl of JLotfjian, In the " Compt maid be Sir James Stewart, of Kirkfeild, knycht, Thefaurer of the Excife," from March 1648 to May i, 1649, we find in the Difcharge, the following payments on account of the Com- miffioners who had been fent to London at the time of the King's trial and execution : — Item, to Michaell Giffin for his charges in ryding pod to London, be publick ordour in Januar 1649 - - . - ;^300 o o Item, to Lieut-Generall David Leflie for intelligence, conforme to his receipt, 14 Apryle 1649 ----- 610 o o Item, to James Grahame to be employed for the ufe of the publick, dire6l be the Erie of Lowthian, etc., 17 Febr. 1649 " - 240 o o Item, to the Erie of Lowthiane, the fowme of tua hundreth pund flerling, for his charge as one of the Commiffioners at London, in Januar 1649, conforme to his receipt, 21 Januar 1649 - 2,400 o o Item, to William Glendonyng, as one of the Commiffioners, etc. - 1,200 o o Item, payde to Androw Balfour in name of Robert Inglis, for the ufe of the Commiffioners at London, in Februar and Marche 1649 13,837 6 3 The Atteftation of thefe Accounts, at Edinburgh, February 12, 1650, contains the fignatures of Loudoun, Lord Chancellor, Argyll, Caffillis, and others.^ In the negotiations with Prince Charles, it was not to be expe6led, from the prevailing ftate of public feeling in Scotland, that he would receive any unconditional invitation. The Commiffioners of the Church and Kingdom of Scotland appointed to proceed to the King, then refident at the Hague, were John, Earl of Caffillis, George Wynrame of Liberton ; and of the Clergy, Mr. Robert Baillie and Mr. James Wood. They found the King influenced by the exiled royallfls or the parties referred to in the previous A61, and in particular by Montrofe, Lauderdale, and Lanerick, who perfuaded him that he might be received, without conditions, by military force. hijlorical view of the affairs of Ireland, by Edward, Earl of Clarendon. Oxford, 1826, vol. vi. pp. 95, 274, 277. ' In the preface to the Diaries of the Lairds of Brodie, Spalding Club, 1863, p. xxiii., will be found extradls from the fame accounts of payments to thofe Commif- fioners, who had been fent to Charles the Second, at the Hague, in March to June 1649. ^emoir of ca^illiam, (ZBarl of lLotf)ian. Ixxxvii The Marquefs of Montrofe, who was at that time in Bruffels, on hearing of the death of Charles, was fo deeply affe6led, that when his chaplain Dr. George Wifhart (according to his biographer), in order to roufe him from a ftate of defpair, urged, that it was the duty of all good fubje6ls to avenge his murder, and to devote their lives to the reftoration of the young King, he exclaimed, — " It is indeed, and therefore I fwear before God, angels, and men, I will dedicate the re- mainder of my life to avenging the death of the Royal Martyr, and re-eftablifhing his Son upon his father's throne." ^ Or, in the words of the celebrated lines by the Marquefs, " Great, Good, and Juft" (but which found very like bombaft), I'll fing thine Obfequies with trumpet founds, And write thine Epitaph in blood and wounds, In profecuting this heroic refolution, the Marquefs himfelf became a martyr. He firft landed in Orkney in March 1650, and in April he made his defcent on the mainland in Sutherland. He met with much lefs fupport than he had vainglorioufly anticipated, and was furprifed and defeated by Lieut. -Colonel Strachan at Corbiesdale, April 26, 1650. Although he efcaped from the field, after fome days' purfuit he was feized and carried prifoner to Edinburgh by David Leflie, and, in a vindidlive fentence that refle(5ls no credit on Argyll, Loudoun, and other adherents of the Government, was condemned to fuffer an ignominious death upon a gibbet at the Crofs, May 2 1 . When tried before Parliament he juflified all his proceedings, alleging that he had commiffions from the King for all that he did. His inhuman fentence has been afcribed to the Marquefs of Argyll, yet he is faid to have abfented himfelf on the occafion ; and, in a letter, dated the following day (fee p. 262), to the Earl of Lothian, who at this time was abfent with the Second Commiffion fent to treat with the King at Breda, he briefly alludes to the fate of Montrofe.' On the return of the Commiffioners from the Hague, in July 1649, ' Napier's Life of Montrofe, 1840, p. 447. ixxxviii Q^emoir of 32IiHiam, Carl of lotbian. having failed in their obje6l, they prefented a report to the Parlia- ment, and alfo to the General Affembly, containing copies of the feveral papers interchanged with Charles the Second in the courfe of their negotiations. Moft of thefe papers were publifhed officially at the time under the following title : — " The Proceedings of the Commiffioners," etc. Edinburgh, printed by Evan Tyler, 1649. 4to, pp. 30.' A renewal of the invitation to the King having been propofed, as he had removed from the Hague firft to Paris and then to Jerfey, he wrote to the Eflates defiring that the Commiffioners might, as a more convenient place, meet him at Breda. On March 7, 1650, a fecond commiffion was accordingly granted by the Parliament "to John, Earl of Caffillis, William, Earl of Lothian, Alexander Brodie of that ilk, John Winraham of Liberton, Sir John Smith, and Alexander Jafifrey, to repaire to the King's Majeftie at Breda, to treat with his Majefty upon the grounds of the former defires prefented to him at the Hague, be the Commiffioners of the Parliament of this Kingdome according to the Solemne League and Covenant, etc." To their num- ber were added, on the part of the Church, Robert Blair, George Hutchefon, and John Livingfhon. They were inftru6led not to extend their treaty beyond thirty days. Along with their Inftruftions, printed in the A6ls of Parliament of that date, a letter of credit was given to them, of this Kingdome, which authorifed them " to borrow beyond feas, upon the credit of this Kingdome, the fumme of three hundred thoufand pounds (declaring this warrant to be a fufificient fecurity to the lenders ; and ordaining the great feal of this Kingdome to be appendit therto)." ^ A meeting of Parliament was held at Edinburgh, May 25, 1650, when a letter from the King's Majefty to the Parliament was read, ' The firfl. portion, or the Report to ParUament, may be found in the AHs, vol. vi. pp. 451-459. The other portion, containing the Report of the Church Com- miffioners, is given in Baillie's Letters and Journals, vol. iii. pp. 458-521. ' AHs of ParUament, vol. vi. p. 514. a^emoir of CSlilliam, (ZBarl of lotftian, ixxxix dated Breda, May 12, fhowing that he was heartily forry that James Grahame (Montrofe) had invaded this Kingdom, and how he had difcharged him from doing the fame ; and earneflly defires the Eflates of Parliament to do himfelf that juftice as not to believe that he was acceffary to the faid Invafion. " The Marquefs of Argyll reported to the Houfe, that himfelf had a letter from the Secretary, the Earle of Lothian, which fhow him that his Majeftie was no wayes forry that James Grahame was defait, in refpe6l (as he faid) he had made that Invafione without, and contrary to his command." ^ The King, on hearing of the defeat and capture of Montrofe, found himfelf conftrained to accept the terms that were impofed, and fiened the Covenant.^ Along- with the Commiffioners he forthwith embarked for Scotland, and having landed at the mouth of the Spey, he arrived at Aberdeen in June 1650. The "malignants" who accompanied him landed at a different part of the coafl, but they were by the A61 of Claffes excluded from any ftiare in op- pofmg Cromwell. As events happened, it was an unfortunate refult of the treaty at Breda, that Charles was brought to this country without fufficient fecurity being given, to the fatisfa6lion of the Commiffioners, of his fmcerity when he undertook to maintain the Covenanted religion in Scotland. This is fully admitted by one of the Commiffioners, Alexander Jaffrey, Provoft of Aberdeen, who fays : — " That having gone (to Holland, in the year 1649) in the fimpli- city of our hearts, minding what we conceived to be duty, it pleafed the Lord to bring us fafely off without any fnare or entanglement. ' Balfour's Works, vol. iv. p. 25. ^ " Report made to the Eflates of Parliament of the Kingdom of Scotland, by their Commiffioners after their return from the King's Majefly out of Holland. Along with the Papers interchanged betwixt His Majefly and the faid Commiffioners, as they were reported in Parliament," from March 30 to June i, 1649, ^.re contained in the AHs of Parliament, vol. vi. pp. 451-459. m xc Q^emoir of milliam, €atl of Lothian, " But, being again fent there by the Parliament, in the year 1650, for that fame bufmefs, we did fmfully both entangle and engage the Nation and ourf elves, and that poor young Prince to whom we were fent, making him fign and fwear a Covenant, which we knew, from clear and demonftrable reafons, that he hated in his heart. Yet, finding that upon thefe terms only he could be admitted to rule over us (all other means having then failed him), he finfully complied with what we mofl finfully preffed upon him. ... In this he was not fo conflant to his principles as his Father, in yielding to this A61 of fo great diffembling." Another of the Commiffioners, John Livingftone, minifler of Ancram, wrote to Wariftoun as follows : — Much and most worthily Honored, I can fay no more of our bufmeffe then is written in our publick letter to Mr. Douglaffe, which I know will be imparted to your Lordfliip. . . They do not inclyne that the King be urged with the League and Covenant, and, as I hear of forae, fay that any Ordinance wes for it in England is ex- pired, and doeth not now binde. What to make of this I know not. It is like the King come to Scotland whether we agree or not. O, what a company is about him ! the quinteffence of all that were thought evill counfellors befor, and how either he will forfake them, or they leave him, I know not. Yeflerday, D. Buckingham and Marq. Newcaflle came to him. Looke to yourfelfs, and trufl in God. I cannot proniife what this treaty may bring forth. The Lord grant wee may returne with a good con- fcience. — I am, my Lord, yours in all fervice, Jo. Livingstone.' Breda, 26 March "> , 5 April I'^SO. Livingftone, in the Hiftorical relation of his life written by himfelf, does not fcruple to blame the Earl of Lothian and Wynrame, who, when "confulting what to doe in reference to their laft Inftrudions, they were of the mind that no application by papers fhould be made to the King anent thefe laft late Inftru6lions till they were arrived in Scotland, faying, that if they did it, it would provock the King to take fome other courfe, and not to goe to Scotland at all." ^ ' Sckfl Biographies (Wodrow Society), vol. i. 1845, p. 258. See alfo the preface to Brodie's Diary (Spalding Club) for more minute notices of the Scottifli Com- miffioners' proceedings while at Breda. ^ Ibid. p. 181. Q^emoir of COilliam, €wc\ of lotl^ian. xci The Englifh Parliament, on learning of the arrival of Charles in Scotland, immediately determined to carry the hoftilities into that country, under the joint command of Lord Fairfax and Oliver Cromwell. Fairfax having declined to accept, the Parliament, June 25, appointed Cromwell Captain-General of that expedition, and within three days he fet forward from London towards the North. On his arrival in Scotland, Cromwell found himfelf oppofed by General David Leflie and Lieut. -Colonel Strachan, who, being ftrongly entrenched, were not inclined to hazard an engagement. In writing from Muffelburgh, July 30,' Cromwell fays, " I believe they would rather tempt us to attempt them in their faftnefs, within which they are entrenched ; or elfe hoping we fhall famifh for want of provifions : — which is very likely to be, if we be not timely and fully fupplied." After a month's manoeuvring, he again writes, September 2, from Dunbar, " We are upon an engagement very difficult. The enemy hath blocked up our way at the Pafs of Copperfpath, through which we cannot get without almofl a miracle. He lieth fo upon the hills that we know not how to come that way without great difficulty : and our lying here daily confumeth our men, who fall fick beyond imagination."^ Had matters been allowed to continue for a few days in this flate, there feems little doubt that Cromwell and his forces would have re-embarked in their veffels at Dunbar, for want of provifions ; but fo confident were the Scots of fuccefs, that Leflie, being con- trolled by a committee claiming the authority of Church and State, who were impatient of the fatigues to which they had been expofed, was conftrained unwillingly to leave his commanding pofition on the adjacent hills. On the morning of the 3d of September this move- ment was fo unexpe6ted that Cromwell, with devout exultation, exclaimed, T/ie Lord hath delivered them into ottr hands. The refult was a complete vidlory obtained over the Scottiffi Army. ^ Carlyle's Oliver Cromwelts Letters and Speeches. Letters cxxxv.-cxlvi. xcii a^emoir of ^iQilUam, Carl of JLoti)ian» Whitelocke, September 1 7, records, " That upon news of the viftory at Dunbar being brought to the King, ' He thanked God that he was fo rid of the Scots, and faid, The Kirk might now fee their error in prohibiting him to be in perfon with their Army, and keeping out the Enghfh and the reft of his followers.' That he is now with the Army about Stirling." ^ General Leflie himfelf, in the letter printed at p. 297, addreffed to the Marquefs of Argyll, September 5, 1650, thus modeftly refers to his defeat. " Concerning the misfortun of our Army I fhall fay nothing ; but it wes the vifible hand of God, with our own lacines, and not of man, that defeat them, notwithftanding of orders given to ftand to their armes that night. I know I get my owen fhare of the fait by many for drawing them fo neer the enemy, and muft fuffer in this, as many tyms formerly, though I tak God to witnefs wee might have as eafily beaten them, as wee did James Graham at Philipshauch, if the officers had flayed by their troops and regiments." Robert Baillie mentions that upon the defeat at Dunbar, an attempt was made to remove General Leflie from the command of the Army : — " After the woefull rout at Dunbar, in the firfl meeting in Stirling, it wes openly and vehemently preffed to have David Leflie laid afide, as long before wes defigned, but covertly, by the chiefe purgers of the tymes. The man himfelfe did als much preffe as any to have libertie to demitt his charge, being couered with fliame and dif- couragement for his late unhappinefs, and irritate with Mr. James Guthrie publi6l invedlives againfl. him from the pulpit. The mofl of the Committee of Eflates, and Commiffion of the Kirk, would have been content to let him goe ; but finding no man tolerablie able to fupply his place, and the greatefl part of the remaining officers of horfe and foot pereraptor to lay downe, if he continued not ; and after all tryalls, finding no mal-adminiflration on him to count of, but the removeall of the Armie from the hill the night before the rowt, which yet wes a confequence of the Committee's order, contrare to his mind, to flop the enemies retreat, and for that end to ftorme Brockf- ' Memorials of Englijli Affairs^ Lond. 17 12. p. 472. Q^emoir of caiaiiam, Carl of lotfjian. xciii mouth Houfe fo foone as poffible ; on thefe confiderations, the State, unanimouily, did with all earneftnefs intreat him to keep flill his charge." ^ The Earl of Lothian's official duties as Secretary of State may have neceffarily prevented him from being prefent with the Scottifh Army, and alfo from accepting the appointment that is thus intimated by Whitelocke, Sept, 20 : — " Letters, that the King infifts to have the Lord Ruthen General ; but the Kirk will have none but the Lord Louthian ; and the old Lord Leven is laid afide with diflionour." ^ The Earl of Leven, on account of his age, had previoufly been perfuaded to refign, yet he accompanied General David Leflie as a volunteer at Dunbar, without any command. Patrick, Lord Ruthven, created Earl of Forth and Brentford, was alfo far advanced in life, and died February 17, 1650-1.^ After the battle of Dunbar, Cromwell at once took poffeffion of Edinburgh and Leith, and laid fiege to the Caflle. In December, " Dundas and Major Abernethie (fays Baillie) hes moft bafely delyvered the Caftle to Cromwell ; all the Miniflers faw the treacherie, and protefhed againft it. Wariftone, Sir John Chieflie, and the Provoft of Edinburgh, who put them in that truft, contrare to the minds of others, have little credit by it."^ In the interim General Leflie had retired with his forces to Stirling to keep the paffes. Some demonftrations made in the Weft proved unfuccefsful, and Cromwell, in an engagement at Hamilton, completely overcame and routed the force oppofed to him. He thus "enlarged his quarters now where he pleafes be-fouth Forth. How- ever our griefe and fhame for this defeat be great, yet the lofs of men was much within a hundred, and the prifoners are not foe many ; ' Letters and Journals, vol. iii. p. in. ^ Memorials, etc., p. 742. ' The Duke of Buccleuch and Queensberry printed as a contribution to the Roxburghe Club an important volume entitled, " Ruthven Correfpondence : Letters and Papers of Patrick Ruthven, Earl of Forth and Brentford, 16 15-1662. Edited by the Rev. William Dunn Macray, M.A." London, 1868, 4to. * Baillie's Letters and /Journals, vol. iii. p. 128. xciv a^emoir of aBilUam, €atl of lottian. and among neither, any man of note, but (who is now prifoner) Collonell Kerr. Strachan indeed, the chief author of all this mifchieffe, had before foullie betrayed his truft, and fmce is gone unto the enemie." ^ The fad divifions which at this time rent the Church of Scotland into the two parties known as Refolutioners and Protefters, and proved fo calamitous to the Kingdom, may be briefly noticed. John Nicoll, in his Diaiy of Public Tranfailions from 1650 to 1667, fays under the date 06lober 1650 — " The Kingdom being thus in a pitiable and deplorable condition and fad eftate from divifions that ftill increafed . . . Divifiounes ftill increft in Kirk and Kingdome, for the Miniflrie gave out their Declaratiounes, both aganes the King and the Commiffioneris fent to him to Gairfey [Jerfey] and Holand, alledgeand that his inbringing to Scotland was by crooked wayes, and that the fynnes and provocatiounes of the Kinges hous were not repented, and much moir of that foirt ; as alfo declairand that David Leflie's airmy wes not for religioun, bot for the King ; and that the airmy in the north wes altogidder fet in malignancie and wald be the Kinges ruyne."^ On September 12, 1650, the Commiffion of the General Affembly which met at Stirling, prepared and iffued " A fhorte Declaratione and Warninge to all the congregations of the Kirke of Scotland from the Commiffioners of the General Affembly." This was accompanied with " Caufes of a foleme publicke humiliatione upone the defait of the armey, to be keepit throughout all the congregations of the Kirk of Scotland." Many of the minifters of the province of Fife at firft refufed to read the above papers, and Balfour adds — " As fome did not flick to fay that five or fix men were too bold to give out reafons to a whole church without a more frequent [numerous] meeting of the Com- miffion of the General Affembly.^' It is certain that thefe papers ' Baillie's Letters and Journals, vol. iii. p. 107. ^ Nicoll's Diary, printed for the Bannatyne Club, Edinburgh, 1836, 4to, p. 32. memoir of asiilliam, (ZBarl of ILotf)ian. xcv expreffed the fentiments of James Guthrie and fome of his brethren who became leaders of the " Protefters," and gave great offence to the more moderate members in the Church. At the meeting of the Committee of Eftates, held at Perth, 06lober ii, 1650, a Remonflrance from the Provincial Synod of Fife was read, containing remarks on the " crooked ways," as they called them, of the Commiffioners carrying on the treaty with the King, which called forth great animadverfions. The Lord Chancellor defired the Minifters to inform themfelves better in fome particulars ; and the Earl of CaffiUis defired the Minifters to condefcend upon the particulars of fuch " crooked ways ;" while the Earl of Lothian faid, " That his carriage in that buffmes was als cleire, als honeft, and flraight, as any minifters in the World. After feveral delays from time to time, arrangements were made to crown the King^ on the firft of January 165 1, and thereafter, " with all our nobility and gentry," to proceed to Stirling, " where it will be refolved. Whether to go with the body of our army to England, leaving fuch a party here as to keep and guard the paffes of Forth againft the enemy ; or, with the [bodie of our] army to attend Cromwell here, and to fend General Maffey to England with fome thoufands of horfe and dragoons. To the former the moft part inclines." ^ The Coronation accordingly took place at Scone, which had long been the ordinary place of the coronations of the Kings of Scotland. Along with the fermon by Robert Douglas on the occafion, there was publifhed an account of " The form and order of the Coronation of Charles the Second ; King of Scotland, England, France, and Ireland : as it was a6led and done at Scoone, the firft day of Januarie 165 1. Aberdene : Imprinted by James Brown, ' Balfour's Works, vol. iv. p. 119. ^ Balfour flates that along with himfelf as Lyon King-at-Arms, the Earl of Lothian, Secretary, the King's Advocate, and fix others, " were appointed, to confult anent the fetting down the Forme of the King's Coronation " (vol. iv. p. 123). ^ Baillie's Lctttrs and Journals, vol. iii. p. 107. xcvi a^emoir of 223ilUam, (ZBarl of lotf)ian. 1651." Among the noblemen's fons who a6led as train-bearers to the Kine, the Lord Newbattle and another fon of the Earl of Lothian are mentioned. Meanwhile Cromwell overran the Weft of Scotland, and took poffeffion of Glafgow, without encountering much oppofition, and for fome months continued watching the Scottifh Army, which had en- camped near Stirling. The contentions of the two oppofmg parties of Refolutioners and Protefters proved of no fmall advantage to Cromwell, who gave miniflers and people all due liberty. " As for our prefent ftate (fays Baillie), fo many and groffe faults wes preffed againfb Argyle, the Chancellour, Louthian, Balcarras, and others, that in all reafon they behooved to be laid afide, and our State modelled of new ; foe that no a6live nobleman fhould have had any hand therein."^ In the Parliament held at Perth in March 165 1, on the 26th of the month. Domino Rege prefente, Sir James Balfour records that a debate had taken place regarding the Commiffion to be given to the Committee of the Army and the perfons to be employed. After a debate of four hours, without any conclufion, the Lord Chancellor, Loudoun, gave in a diffent to all that was debated and not clearly accorded to, by the commiffion of the General Affembly. In this diffent he was fupported by Argyll, Caffillis, Lothian, and nine others ; and Balfour adds, that while the diffent was ordered not to be recorded, " the King's Majefty fpoke much, and infifted verey far for taking in the other quarter; all fpoke in fo plain terms to the underfhanding of the whole houfe, fo that the Campbells fadtion, and the Hamiltons, was clearly underftood of all. And the Lord Chan- cellor and the Secretary, Lothian, did check the King much for his inconftancy (as they called it) in deferting his beft friends that brought him to this country, put the crown on his head, and now, as it feemed, adhered to thefe that had done his Father the worft offices Baillie's Letters and Journals, vol. iii. p. 119. memoir of ca^illiam, €arl of lotbian^ xcvii that fubjefts could doe to a prince, contrair his own words, promifes, wreatt, oaths and declarations, both private and public,"^ It was finally refolved by the King and his advifers, after much debate, to march into England, and on July 31 the Scottifli Army, under the command of William, Duke of Hamilton, who, chiefly on account of his rank, had been appointed general, " marched from Stir- ling on the way to Carlifle. The King left behind him the Earl of Crawfurd, Balcarras, with old General Leflie (the Earl of Leven), and fome others, to raife the North, and other forces, for the defence of the Kingdom." 2 Cromwell, on receiving intelligence of this unexpected ftep, imme- diately followed the Scottifh Army into England, but they had pro- ceeded as far as Worcefter before he overtook them. Here they fuffered a fignal defeat, September 3, 165 1. Cromwell admits that it was a hard contefted battle ; " indeed (he fays) it was a ftiff bufi- nefs — a very glorious mercy — as fliff a contefl as I have ever feen." Writing to Parliament, Cromwell further adds, " The dimenfions of this mercy are above my thoughts. It is, for aught I know, a crowning mercy." It may be confidered, indeed, as the laft attempt of the Royalifts, and proved fatal to the Government of Scotland. The King himfelf made his efcape, and after many adventures, reached France about the end of 06lober, to pafs for fome years an inglorious career. Lord Hailes publiflied an interefting "Account of the Prefervation of King Charles II. after the Battle of Worcefl;er, drawn up by himfelf, to which are added his Letters to feveral perfons."^ Among the prifoners taken at the battle were William, Duke of Hamilton (who foon after died of his wounds), the Earls of Rothes, Kellie, and Lauderdale, with "many officers of great quality, and fome that will be fit fubje6ls for your juftice." General Leflie and Lieut.-General Middleton, who had efcaped with the horfe, were intercepted in Lancafliire, and ' Balfour, vol. iv. p. 275. ^ Life of Robert Blair, p. 279. ' Glafgow, 1766, 8vo. 11 xcviii 9^mok of aBilUam, €arl of iLotf)ian» carried prifoners to Chefter, and, with the others, committed to the Tower in London. " Next day, September 12, the common prifoners (being driven Hke a herd of fwine) were brought through Weftminfter into Tuthillfields (a fadder fpe6lacle was never feen, except the mifer- able place of their defeat), and there fold to feveral merchants, and fent to the Barbadoes ; the colours taken were likewife hanged up in Weftminfter- Hall, with thofe taken before at Prefton and Dunbar."^ Cromwell had left General Monk behind him in Scotland with a force of 5000 men, and the reduction of that Kingdom was fpeedily accomplifhed. The Caflle of Stirling having been left in the charge of a body of Highlanders, unaccuftomed to a fiege, they retired to their own diftri6ls, laden with plunder, leaving no alternative to the Commander than to capitulate, Auguft 14. At Dundee there was a more formidable but unfuccefsful refiftance ; and the Eftates of Parliament having convened, at Eliot or Alyth, in Forfarfhire, to concert meafures for the relief of the former town, were themfelves furprifed and taken prifoners. Balfour ftates " they were betrayed to the Englifh and furprifed by 500 horfe . . dripped of all they had, and carried to Broughty (at the mouth of the Tay), and there fhipped off for England. Being landed at Tynemouth Caftle, they were from thence brought to London. Among the prifoners were the Earls of Leven, Craufurd, and Marifhall, with other perfons of note, and feveral of the clergy." This haflened the fiege of Dundee, which was taken by General Monk on the ift of September, with great flaughter." The fubfequent attempts of the Earl of Glencairn, in the Highlands were alike unfuccefsful. In the prefent feries of letters will be found an important paper addreffed by the Earl of Lothian to Charles the Second, Auguft 6, 1660,^ in Vindication of his condu6t, when foliciting his continuance in ' Heath's Chronicle, Part ii. Lond. 1664, p. 553. ■ Balfour's Annals, vol. iv. pp. 314, 315. ' We are indebted to the accurate refearches of Mr. Andrew Gillman, Solicitor, London, for pointing out and tranfcribing this interefling letter to the King, Augufl 9, 1660, which is printed at p. 431. 09cmoir of a^illiam, €arl of lotf)ian. xcix the office of Secretary. It furniflies various particulars in regard to Lord Lothian's perfonal hiftory during the time of the Common- wealth. He explains how he was prevented accompanying or attend- ing the Duke of Hamilton to England in 165 1, and ftates how he had a " bark in readinefs " to have joined the King but for the defeat at Worcefter ; and when no longer called upon to exercife the office of Secretar}^ that he retired to his own houfe at Newbattle. Here, he fays, from its proximity to Dalkeith, the head-quarters of the Englifh, he was, " for two years expofed to great fuffering and ruin ; yet he never difclaimed the King, never accepted office or employment, never paffed any writs under the Seal, but preferved his Majeftie's Signet until he was enabled to offer his refignation to the King." This Vindication is written in a clear flraightforward manner, although it may feem rather obfequious in the frequent references of pro- feffed attachment "to his Majefly, his bleffed Father, and the Royal Family." The Laird of Brodie, however, in his Diary, fays, Auguft 31, 1655, " The M. [of Argyll] told me of the E. Lothian and Dyfart their tampering with the Protestor, and inclinations to take employment. I defire to confider and feare before the Lord, and to examine my own heart ! " etc,^ Again, September 8 — " I cam to Edinburgh this night. By another letter from the E. of Lothian, I thoght that he difpenf'd with my coming, etc. 1 1. — I was enclind to goe to London : i. Becaus it was informd and apparent that Lothian would deal perchance for himfelf, and not for others. 2. He had many things of his own to clogg him," etc.^ Brodie, in reference to himfelf. May 23, 1653, had previoufly recorded, " I have refolved and determined, in the Lord's ftrength, to efchew and avoid employment under Cromwell. I fay,'Tis in the Lord's ftrength" — being fully aware of his " own unftedfaftnefs."^ He accord- ' The Diary, etc. (Spalding Club), 1863, p. 150. ' Ibid. p. 153. ^ Ibid. p. 41. G e^moix of C^ilUam, (Batl of Lotfjian. ingly refifted any requefts made to him, to accept of office, until after Cromwell's death, when he refumed his feat on the Bench, December 1658, and was one of the Englifli Judges who were fuperfeded after the Reftoration. The Earl of Lothian, however, feems to have refided almoft conflantly at Newbattle during the whole time of the Common- wealth, except from June 1655 to May 1656, when he was in London vainly endeavouring to obtain a fettlement of his claims for pen- fions or for money advanced, or due upon bonds granted by himfelf and his colleagues, on public credit. Amidft thefe troubles, the Earl of Lothian had fent his two eldeft fons abroad to complete their education under the charge of Mr. Michael Young,' as their tutor or governor. Many of his letters are preferved at Newbattle, but they are not of fufficient importance to be printed in the prefent colledlion. From thefe we learn that Anna- bella, Dowager Countefs of Lothian, had died at Antwerp in the year 1652. On May 24, 1652, Young writes, " Lady Jean will be content (as I wrote before) of what your Lordfhip will appoint for her. I fpeake only afarre off. So fhe did not condefcend to any- thing more particular." This Lady Jane Kerr was the youngeft daughter of Robert, fecond Earl, and confequently fifter to the Countefs of Lothian. Mr. Young with his two pupils alfo paid a vifit to their grandfather, the Earl of Ancram, at Amflerdam,^ as already noticed, twelve months previous to his death, which took place in December 1654. His latter days (it has been alleged) " were embittered by the refledlion that his favourite fon, the Earl of Lothian, had been in dire6l oppofition to the King, during the firft years, at lead, of his perfecution."^ A later writer mentions the Earl of Ancram as one " whofe incomparable loyalty, and whofe elegant literary tafle, rendered ^ See page 35. Young took his degree of A.M. at Edinburgh, July 15, 1641, and of M.D. at fome foreign Univerfity. " Mr. Michael Young, Doflor of Medicine," died in 06lober 1675. {-Reg. Confirmed Tejlatnents, Edinburgh, April 25, 1677.) " See pages 379, S^S- ^ Douglas's Peerage, by Wood, vol. ii. p. 137. e^moit of caJiUiam, Carl of lotfjian. ci him a confpicuous ornament to his country, at a period when it unhappily poffeffed httle of either; " and adds, refpe6ling the Earl of Lothian, that while " the chief care of whofe parents had been to fix in his mind, even from his cradle, an attachment to monarchical govern- ment, and an affe6lionate veneration towards the perfon of the reigning King," he yet " became, by a flrange perverfenefs, perhaps the mofl fincere and bitter enemy among his countrymen to both. In this double rebellion, however, againft his father and his prince, he had the merit at leafl of confiftency, for his fidelity to the caufe which he had efpoufed was invariable, and even unfufpefted, and his motives wholly difinterefted.^ It was natural that Lord Ancram, all his life being attached to the Court, fhould feel regret that his eldeft fon adopted a different courfe, while his intereft feemed to point in the oppofite direction. But the Earl of Lothian's letters to his father are remarkable in breathing the utmoft filial refpe(5l and affeftion, and clearly fhow how unfounded is the flatement of his hoflility to "monarchical government" or "the perfon of the reigning king." Lord Ancram's letters are not lefs afife6lionate, while they manifefl that to fome extent his fympathies were with the party to which his fon adhered. The Reftoration of Charles the Second, and his triumphal entry into London in Auguft 1660, made great changes in all parts of his dominions. The Earl of Lothian, like many others, proceeded to the Englifh Court. He had an interview with the King, and prefented to him the Vindication alluded to. The King, we are told, heard him patiently and favourably, while accepting his refignation, and promifed " to do him good things." The only immediate benefit he feems to have received was confirming the appointment of his fecond fon as Director of Chancery in Scotland, by patent, February 27, 1661.^ Sir George Mackenzie, however, ftates that on his ' Lodge's Portraits of the Illujlrious Petfonages of Great Britain. ^ A£ls of Parliament, vol. vii. p. 44. cii ^emoir of aBilliam, €arl of lotbian, refignation as Secretary, he received the grant of a penfion of ;^iooo;^ but the letter of his brother Charles, Earl of Ancram, December 1663, renders it more than doubtful if Lord Lothian ever received any part of fuch penfion. When he fpoke to Lord Rothes, concerning it (Lord Ancram fays), " hee has told mee freely, that there are more penfions and gifts then there is a revenew, fo that hee muft acquaint the King with it, and receive his dire6lions what muft be done ; fo that your concerne will bee to addrefs to his Majefty, for no doubt but divers of the penfions will be fufpended." The Marquefs of Argyll was not fo fortunate. He, too, pro- ceeded to London to welcome Charles, but was not even admitted into his prefence, but committed prifoner to the Tower, and there detained until fent down to Scotland. He was tried, on May 25, and being condemned for high treafon, his fentence was, that his head be fevered from his body, at the Crofs of Edinburgh, on Monday, July 27, 1661, and "affixed in the fame place where the Marquefs of Montrofe's head was formerly." The Earl of Lothian, and his eldefb fon, who was married to a daughter of Argyll, along with many other friends, accompanied the Marquefs to the fcaffold ; and Lord Kerr, in a letter to his wife, defcribes the demeanour of the Marquefs as " heavenly, chriftian, grave yet magnanimous and refolute ; truly (he adds), I was ever a lover of your Father, but this laft adlion of his hath made me an admirer lykewayes, and I am fure his behaviour this day hath galled very many of his enemies," The Parliament having appointed the Lords of the Articles, they, in order to fave the King's honour from the oaths he had fworn for the obfervance of the Solemn League and Covenant, refolved that it be annulled ; and a General A<51 Refciffory was paffed. May 28, 1661, refcinding and annulling the whole Proceedings of " the pretended Parliaments, from the commencement of the Civil War, as illegal. ' Memoirs of the Affaris of Scotland, p. 8. ^emoir of COilliam, OBarl of Lothian. ciii injurious to his Majefty and his authority, and difhonourable to the Kingdom ; " (and fo) " prejudicial and are unfit to be any longer upon Record." In the Second Seffion of that Parliament, came in due courfe an " A61 for the Reftitution and Re-eflablifhment of the Antient Government of the Church by Archbifhops and Bifhops," May 27, 1662. The fame Parliament paffed an A61 con- taining the following Declaration, which all perfons in public trufl were required to fubfcribe : — " I Do fincerely affirm and declare, that I judge it unlawful for fubjefls, under pretext of reformation, or any other pretext whatfoever, to enter into Leagues and covenants, or to take up arms againfl. the King, or thofe commiffioned by him, and all thofe gatherings, petitions, etc., that were ufed in the beginning and carrying on of the late troubles, were unlawful and feditious. And particularly that thefe oaths, wherof the one was commonly called the National Covenant, were and are in themfelves un- lawful oaths; and that there lieth no obligation upon me, or any of the fubjedls from the faid oaths, to endeavour any alteration of the government in Church or State, as it is now eflablifhed by the laws of the Kingdom." The Earl of Lothian's friend the Laird of Brodie, in his Diary, July 29, fays, " My nephew writ to me, there was much din about an oath which I gave to the Englifh. Lord ! thou knows I am frie of this. I heard Louthean, Craufurd, and others, refufed the Abjuration. I defir to look up to God that it never may repent them of this." This Ati became a fruitful fource of perfecution. The Parlia- ment impofed heavy fines upon all who refufed to fubfcribe,^ includ- ing the Earl of Lothian, who, but for the prote6lion of powerful friends at Court, might have fallen a facrifice to the malice of his enemies. Charles, Earl of Ancram, ufed the influence which he poffeffed from his relationfliip to the family of the Earl of Derby, in behalf of ' In the Appendix to Wodrow's Hiflory, vol. i. No. xxxiii., is given a lift of the fines impofed by Middleton by authority of Parliament in 1662. The firft in the lift is the Earl of Lothian, ^6000. There are feveral others of the fame amount, but only four of larger fums. — Summa totalis, .;^i,oi 7,353 : 6 : 8 (Scots money). civ e^moit of ^aaauam, €at\ of Hotbian. his brother; and in a letter, dated London, December 13, 1663, he writes as follows : — " Deare Brother, I am very fory that your affaires in the Parliament have no better fuceefs ; yet my Lord Treafurer did protefl that hee did all that lay in his power, but I have underilood fmce that all the Lords of the Artickles were againe you except the Commiffioner and my Lord Lauderdaille, who banded for you as long as they could poffible, till they were cryed doune by all the reH, and that it was thofe two Lords only who were the caufe of your having a yeare's time given you to com- pofe your bufmefs ; and I hope it may not be impoffible but you may gett time from year to year till you fettle it." Lord Lothian flill was unable to obtain any redrefs, as in like manner, Sir Robert Murray writes from Whitehall, April 9, 1666 : — " I received yours of 20 March. I was pofleffed with a very deep fenfe of your condition. But I confefs what you fay, together with what your friends lately come from Scotland tell me of it, hath hightned it exceedingly. ... In a word, as things (land, to forbear to do what is required for remitting the fines is look't upon as a readines, if not a defign, to fubvert the government of Church and State ; fo you may eafily judge what fpeed they are lyke to come that would offer to interpofe in the cafe. Yet Earl Lauderdale intends to reprefent your condition to the King, which to my apprehenfion is the highefl teftimony of kindnefs hee can give you. It is lyke you will learn this from his own hand." In reply to this letter, the Earl of Lothian, after thanking him for his kindnefs, fays (fee p. 475) — I had fay'd no more at this time, but for what you have written that " to forbeare to do what is required for the remitting the fynes, is looked upon as a readinefs, if not a defigne, to fubvert the Church and State." I affure my felfe you have a more charit- able opinion of very many that fcruple at the Declaration. For my felfe, I could not doe it when it excluded me from fitting in Parliament. I knowe no man in love with trouble or to be clouded or incapacitated ; fomething there mufl be that can not be digefled, fomething that flraightens men's fpirits, and if it be but weaknefs and miflakes, what cryme is that? and nowe, as it is preffed for niotiey, there is alfo fomething of credite in it. He is lowe fpirited that will be hyred to it, and be led after the chariott of fome men's triumphs with the wretches hath fubfcrybed for money, that are not more faithfull fubjecfls then refufors. I will boldly fay, he lives not in the thrie kyngdomes loves the Royalty more, nor his Majeflie's perfon, and that he may reigne in his full and high authority and power, than myfelfe. The Declaration is not the tell of loyalty. Becaufe in a parliament, a man doth not vote to every thing propofed, there- Prom ike ori^al at Newtatde Abbey. a^emoir of axailliam, 1) 'C ^ ^ cu 8 rt S O Sis o w c3 PS o o 1-1 e'Ss O rj !- C/2 Pi Pi " o ^ — « O o o Pi tfi o (U ^ CI fin t/J O Pi v-i ij. 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BY a reference to the preceding Tables it will be feen that Sir William Kerr, Earl of Lothian, was defcended from the Ferniehirft family, and Anne, Countefs of Lothian, from the Kerrs of Cefsford, During the Earl of Lothian's abfence in France in 1643, the death of the Earl of Roxburghe's (the head of the Cefsford branch) eldeft fon, without heirs-male, feemed to prefent an opportunity whereby the two families might be permanently united. Accordingly, as has already been noticed, the Countefs wrote to her father-in-law, the Earl of Ancram, on the 20th April 1643, propofmg that fome friend might fuggeft to the Earl of Roxburghe the propriety of his fettling the eftate on her family, provided her fon married a daughter of the deceafed Lord Ker's, adding as a reafon, that her father " gif he war alyve, wer the narreft air maill and of tallie to it," and " my fonne's narreft in bloode of any of the maill Kers." ^ This union, however, was not deftined to take place, and it is poffible that the remembrance of the feud between the families of Ferniehirft and Cefsford, in which the Earl of Ancram's father had been flain by the Earl of Roxburghe, then younger of Cefsford, may have been one reafon which prevented it. At all events, the Earl of Roxburghe obtained a new charter in 1 646, whereby the title and eftates were entailed on Sir William Drummond, fourth fon of John, fecond Earl of Perth, on condition that he married his coufin Jean, eldeft daughter of the deceafed Lord Kerr. On the death of the Earl of Roxburghe in 1650, Sir William Drum- mond affumed the title and fucceeded to the eftates, although the marriage with his coufin was not completed till five years fubfequently. But the Lothian family were not difpofed thus to allow the matter to drop, and accordingly, on the 13th September 1658, a claim to the Earldom of ' Letter from the Countefs of Lothian to the Earl of Ancram, vol. i. p. 145. [ cxx ] Roxburghe was made by Robert, Lord Kerr of Newbattle, the eldeft fon of the Earl and Countefs of Lothian. This Claim, which is printed in full at page 413, recounts the grounds on which it is made, ftating among other reafons that his Uncle, John Kerr, brother-german to his good-fire, " who, without all controverfie, is heire-male," having no children of his own, had disponed to him " his right and fucceffion to the lands and living of Roxburgh, titles, honours, and dignities thereof, as heir to Robert, Earl of Roxburgh, and to Henrie Lord Kerr, his fonne ;" and concludes by demand- ing an infpe6lion of the Roxburghe charters. It is further added, " This is no wayes propounded to delay the bufmefs, for the faid Lord Kerr of New- batle profeffeth that all that can refult upon the infpe6lion of the charter- cheft in his favours, with all other debates and animofities, fhall be referred to the noble freends, at whofe joynt arbitration he fhall conflantly abyde, being very defireous that all debates and grounds of debates betwixt the two families may be removed, there being fuch a mutuall intereft in each other by blood and confanguinity." A letter from the Earl of Roxburghe to the Earl of Calander, Nov. 15, 1658 (p. 417), feems to indicate that the queftion had been debated before thefe "mutual friends," and muft, of courfe, have been decided againft Lord Kerr of Newbattle, in virtue of the new charter granted in 1 646, but no charter could alter his claim to be the Reprefentative of the Cefsford family. In connexion with this fubje6l, the following interefting letter from Sir Walter Scott to William, fixth Marquefs of Lothian, congratulating him on his creation as a Britifh peer, in which he alludes to the ancient differences between the families, may be here printed. My dear Lord, I fincerely wifh you joy of the additional dignity which the King has in fo flattering and gracious a manner conferred on a family in which I muft always feel moft deeply interefted. Your Lordfhip may rely on my keeping counfel till the Gazette fpeaks for itfelf Upon receiving your Lordfhip's letter, I immediately looked into a curious altercation which took place betwixt your Lordfhip's anceftor and the Duke of Roxburghe's in 1 661 in parliament. The Earl of Lothian's eldeft fon was then entitled Lord Ker, and this was challenged by Roxburghe, who faid that no one had a right to bear the family name as a title excepting the eldeft fon of the chief, and he produced a curious lift of ennobled chiefs [ cxxi ] to fhow that their eldeft fons always bore the family name, and that thofe of the fame clan who rofe to nobility took for their fecondary title fome other. The Earl of Lothian denied, as he truly might, the chieftainfliip claimed by Roxburghe, and produced his patent in which the fecond title is Lord Ker of Newbottle. The parliament ordered his eldeft fon's title in future to be Lord Newbottle. Li this they feem to have done fliort juflice to Lord Lothian, for the Earl of Roxburghe produced no evidence to fhow that he held the chara6ler of chief of the Kers under which he claimed the exclufive right to the title. But Lord Lothian's connection with Argyle and with the Covenanters during the earlier part of the civil war was not forgotten during the firfl year of the Reftoration, and I fuppofe the vote was rather intended to mortify him than for any other purpofe. I am very glad your Lordfliip has turned the flank of the Cefsford family on this new occafion, and affumed, as a Britifh peer, the title, of which as a Scotch one, your family feem to have been fummarily and unwarrantably deprived. In regard to the fpelling, I think Ker with one "r" feems to be the moft ancient, and all through the difcuffion in 1 66 1 the title is by both parties fo fpell'd. Undoubtedly, your Lordfhip's family name is in point of ortho- graphy one of the moft flexible in Scotland, and has been fpell'd at leafl; fix or feven different ways. Ever your Lordfhip's, very truly, Walter Scott. Edinburgh, 6tli July [1821.] In this letter Sir Walter evidently alludes to the difpute for the chief- tainfhip of the Kerrs, but it is clear from the preceding ftatement that the Earl of Roxburghe contefted the title of Lord Kerr, which belonged to the Lothian family, on account of their claim to be the reprefentative of the Cefsford branch. It was not till 1692, on the demife of his kinfman. Lord Jedburgh, that the reprefentation of the Kerrs of Ferniehirft, who had always claimed the chieftainfhip, devolved on Robert Kerr, fourth Earl and firft Marquefs of Lothian, who thus, in his own perfon, dire6tly reprefented both families. 9 f cxxii 1 ROBERT LEIGHTON, A.M., AND THE PARISH CHURCH OF NEWBATTLE. FEW words may be here added regarding the parifh church of New- battle and its Minifters, of which the Earl of Lothian was patron, and of which he was a member. The church, previous to the Reformation, belonged to the Abbey, founded 1140, In 161 5 John Aird, as minifter, was prefented by Robert, Earl of Lothian. He figned the Proteftation for the liberties of the Kirk in June 161 7, and was reckoned "eminent for grace and gifts of faithfulnefs and fuccefs." In his laft will he " intreats the Earl of Lothiane, of quhais kyndnes and gudwill I have grite affurance, to countenance and affift my wyfif and childrene in their honeft efifaires." ^ He died 9th July 1638, aged about 54, and was fucceeded by Mr. Andrew Cant. The National Covenant was again fubfcribed by the Presbytery of Dalkeith, and alfo by the minifter of Newbattle, the Earls of Lothian and Dalhoufie, and other heritors and parifhioners, in Auguft 1639. This cele- brated divine was tranflated to Aberdeen in 1641. To fupply the vacancy in the parifh, the Earl of Lothian gave a prefentation to Robert Leighton, who was admitted in December 1641, The miniftry of fuch a man adds no fmall intereft to a parifh in which he laboured for many years with great earneftnefs and fuccefs. It is to be regretted we have no view of the old church, which was pulled down when the prefent one was built in 1 72 7; but Leighton's pulpit was preferved, and part of the old manfe ftill remains. The prefent minifter of Newbattle, the Rev. Thomas Gordon, D.D., communi- cated to the Society of Antiquaries of Scotland ^ a feries of extracts from the Presbytery Records of Dalkeith, which furnifh a number of minute and interefting particulars regarding the parifh during Leighton's incumbency (1641-1653). Leighton was born in the year 161 1, and was educated at Edinburgh, where he took his degree of A.M. in July 163 1. His father. Dr. Alex- ' Further details, and the fucceffion of the minifters of the parifli after the Reftoration, are given in Rev. H. Scott's Fajli Ecclefice. Scoticance, vol. i. p. 293. Proceedings of the Society, vol. iv. p. 459. [ cxxlii ] ander Leighton, who had ftudied and praflifed in medicine, in his great zeal againft Epifcopacy and the innovations brought into the Church by Bilhop Laud, had publifhed two works anonymoufly, which excited great indignation againft the author. The firft was The Looking-glaffe of the Holy War, 1624 ; the other A71 Appeal to the Parliament ; or, Zioiis Plea againjl the Prelacy (1628). He was arrefted, tried, and imprifoned for the latter work, and, for upwards of ten years, was treated by Laud with the moft inhuman barbarity. He fent Robert, his eldeft fon, abroad, after leaving Edinburgh, to complete his education. He fpent fome years in France, where he acquired a familiar knowledge of the language, and must have returned previoufly to April 30, 1639, as at that time fome of the Cove- nanters having refolved to apply for aid to the King of France, William Colville fuggefted that the propofed letter and fecret articles should be fubmitted for revifion, both on account of the language and ftrain of the letter, "to my Lord Lothian's and Mr. Robert Leighton's better judgments and better experience." When he returned to Scotland he paffed the ordinary trials, and was licenfed as a preacher by the Presbytery of Edin- burgh, and admitted Minifter of Newbattle in December 1641. In 165 1 he declared himfelf in favour of the Engagement for the King, which has already been alluded to as oppofed by Argyll and the chief Presbyterians, including the Earl of Lothian, through whofe influence he efcaped from the penalties to which he otherwife might have been fubje6led. The ftriflnefs of Presbyterian difcipline, and the divifions in the Church, feem to have confirmed Leighton, after his father's death, in the wifh to retire to private life. When his cafe was finally brought before the Presbytery of Dal- keith, February 3, 165 3, he afligned as the reafons of his "defire to be lowfed from his miniftrie at the kirk at Newbotle " both on account of " the gritnes of the congregatione, farre exceeding his ftrength for difcharging the dewties thereof, efpecially -the extreme weaknefs of his voice not being able to reache the halfe of them when they are convened, which hes long preffed him very fore, as he had formerly often expreffed to us. And to give ane anfwer to the Commiffioner from the Councell of Edinburgh, anent his call from them to be Principall of Edinburgh CoUedge, that he may be releafed from his miniftrie ther, to that efifed." Having been ele6led Principal of the Univerfity of Edinburgh, January 17, 1653, he accepted, February 8, and was admitted to the vacant office, to the advantage both of himfelf and the Univerfity. [ cxxiv ] The high eftimatlon in which Leighton was held by the Earl of Lothian, alike creditable to both, is fo feelingly expreffed in his letter to the Countefs, December 9, as to deferve fpecial notice : — " You have amafed me with what you wrote concerning Mr. Leighton. ... I have not now leafure to write to him, but I will once this night; in the meane tyme, I pray, doe you againe fpeake to him, and intreate that, whatfoever his refolutions be, that he would not this winter quite us, or att lead not do fo fodainly and abruptly, and if he will not flay in his miniflry, and preach more to us (which wilbe a greate grieffe to me, for never did I gett foe mutch good by any that floode in a pulpit), but is as you write to retyre to a corner untill the fpring that he goe to Ingland, defire him that that corner may be your houfe, which may be as quiet to him as a Monaflery or a wildernefs. He fliall not be defired neither to pray, nor foe much as to fay grace to us" (p. 373). In the letters of Mr. Young, tutor to the two eldefl: fons of the Earl of Lothian, he fays, in one written from "Leyden, Sept. 1653 — Laft week wee had a vifit which was very unexpe6led from Mr. Leightoun. I belieue he is gone, ere this, from this country, homewards." The ftatement in " A paper of Colonel Bamfylde's. The condition and defignements of the titular King of Scots, and of thofe abroade, who are interefted in his affayres," anno 1654, Auguft, is much lefs intelligible. " My Lord Lothian held a correfpondence, fent in Auguft twelve month the Minifter of Newbottle (the place where he lives) to the King. He came over in the habit of the foldier ; his name is Layton : I fawe him both at Antwerpe and Paris." ^ The probability is the perfon referred to was his younger brother, Sir Ellis Leighton.^ Even if Leighton had remained conne6led with Newbattle, and with the Lothian family, we cannot eafily conceive of him afting as a political agent and affuming the ' Thurloe's Siaie Papers, vol. ii. p. 513. ^ 1647, Augud 18 — "Mr. Nichols was this day brought to the General; and alfo Colonel Ellis Leighton, who was alfo taken into cuflody at Kingllon, upon information he was one that took up a Commiffion in London for the raifmg of forces to engage the Kingdom in a new war, and remains under reflraint. Augufl 28 — " Colonel Leighton, prifoner to the Army is not fhot, or adjudged to be fliot to death by the Council of War, as fome haue reported, but is committed prifoner, by order of the General, at Windfor Caftle." (Rufhworth's Colle^ions, pan iv. vol. ii. pp. 779, 792.) [ cxxv ] habit of a foldier. But at this time Col. Ellis Leighton was a6lually employed as Secretary of the Englifli Ambaffador at Paris, and he had no occafion to difguife himfelf as a military man. The Hon. Roger North, in his " Examen, or, an Inquiry into the Credit and Veracity of a Pre- tended Complete Hiftory [by White Kennett, Bifhop of Peterborough]," London, 1740, at p. 480, in reference to the ill-fuccess of fuits in the French Courts, fays — " There was indeed one infelicity in France, Sir Ellis Leighton, the Secretary of the Englifh Ambaffador at Paris, was the moft corrupt man, then or fmce living, and betrayed the Englifh and their interefts for profit, or at leaft extorted from them money to afford his affiflance in their fuits upon undue captures. It was the fame perfon, that, being Secretary in Ireland, extorted moft outrageoufly, and being expoftulated with for it, anfwered, ' W/iaf a pox! d'ye think I come here to learn your language f But his own recovered him at lafl, that is the jail, where he died miferably." This unfavourable chara6ler is fully confirmed by Bifliop Burnet, who, in his " Hiftory of his Own Time," fays of Leighton, " He had a brother well known at Court, Sir Elifha, who was very like him in face and in the vivacity of his parts, but the moft unlike him in all other things that can be imagined : For, tho' he loved to talk of great fublimities in religion, yet he was a very immoral man. He was a Papift of a form of his own : But he had changed his religion to raife himfelf at Court ; for he was at that time Secretary to the Duke of York, and was very intimate with the Lord Aubigny, a brother of the Duke of Richmond's, who had changed his religion, and was a Prieft, and had probably been a Cardinal if he had lived a little longer. . . . Leighton's brother, who thought of nothing but the raifing himfelf at Court, fancied that his being made a Bifhop might render himfelf more confiderable. So he poffeffed the Lord Aubigny with fuch an opinion of him, that he made the King appre- hend, that a man of his piety and his notions (and his not being married was not forgot) might contribute to carry on their defign. He fancied fuch a monaflick man, who had a great ftretch of thought, and fo many other eminent qualities, would be a mean at leaft to prepare the nation for Popery, if he did not direftly come over to them ; for his brother did not ftick to fay he was fure that lay at root with him. So the King named him of his own proper motion, which gave all thofe that began to fufpe6l the King himfelf, great jealoufies of him. Leightoun was averfe to this promotion as much as was poffible. His brother had great power over I cxxvi 3 him ; for he took care to hide his vices from him, and to make before him a fhow of piety." In a letter written in June 1658, Baillie fays, "In Edinburgh things are more quiet. There is little more concord in their colledge : Mr. Leightoun does nought to count of, but looks about him, in his chamber : Mr. Dickfon, for fear of Mr. Guthrie, was a6live to get him there. His fon, Mr. Alexander, fucceeded Mr. Leightoun in his miniftrie at Newbottle ; where my Lord Lothian, his earnefl caller, and many of the people, became quickly fo unkind to him, in his ftipend, and other duties, that he was outwearied with them. His father, or rather Mr. Douglafs, moved my Lord Broghill to defire the Toune Councell to prefent him to the vacant place of the Hebrew Tongue ; which accordingly was done, and he fettled there in Mr. Leigh toun's abfence at his yearly progrefs to London ; on his return, he ftikled more than is ordinar to him, to have the young man out ; but his labour was vaine. In a late voyage to London he obtained, after Mr. Gillefpie's example, fome two hundred pound fterling to the Colledge out of fome church lands, which, in my mind, will be als-foone obtained as the flim-flams of Mr. Gillefpie's gifts. However, Mr. Sharp obtained at London, that one of thefe hundred pounds, when gotten, fliould be Mr. Alexander Dickfon's ftipend. This angers Mr. Lightoun not a little ; but all is quiet, for the miniftrie there of our mind carie all things quietly and wifely, without much noife." ^ The College Treafurer was ordered by the Magif- trates and Town-Council to pay to Mr. Leighton 1000 merks Scots, for defraying his expenfes to London in July 1658. Leighton's subfequent hiftory is well known. He was confecrated Bifhop of Dunblane at London, December 12, 1661. On the forced refig- nation of the Archbifhop of Glafgow (Alexander Burnet), through the influ- ence of the Duke of Lauderdale, in December 1669, Leighton, without refigning his See of Dunblane, was appointed Commendator of Glafgow, but failing in his attempts to settle " our diftemper'd Church affairs," by his propofed accommodation between the two parties, he at length, in September 1674, refigned his preferments in the Church, and all public employment, and having retired to England, died at London on the 25 th of June 1684. ' Inters and Journals, vol. iii. p. 365. [ cxxvii J JAMES KERR, KEEPER OF THE RECORDS. MONG thofe of the name of Kerr who flouriflaed during the laft century, who might be worthy of notice, there is one who ought not to be paffed over in a work like the prefent. The perfon referred to, who was ftyled by Dr. Johnfon "Worthy Mr. James Kerr," was conne6led, for nearly half a century, with the Record Office, Edinburgh. Among the manufcripts in the Library at Newbattle Abbey, there is a volume, lettered on the back, " Charts Gentis Kerrorum," and with the following title : " Diplomata Familiae Kerrorum, principi aliifque illuftrioribus ex ea prognatis a Scotise Regibus conceffa prout in Publicae Archivse habentur ab A.D. 1364 ad 1650. Illuftriffimo Principi Gulielmo Henrico Lothianae Marchioni, etc. Summa ea qua par eft obfervantia dicata, a Jacobo Ker enfcriptore. Edin- burgi, 24th July 1742." Folio. This Manufcript is dedicated by the compiler " To the Moft Noble and Puiffant Prince, William Henry, Marquis of Lothian, Earl of Ancram, Vifcount Brien ; Lord Kerr of Newbattle, Oxnam, Jedburgh, Dolphingfton, and Nisbetts ; Knight of the Moft Noble and Antient Order of the Thiftle, and Lord Clerk-Regifter of Scotland." His Lordfliip held the office of Lord Clerk-Regifter from March 1738 till February 1756. It begins thus : — " My Lord, Having for fome time pafft been employed as a writer under your Lordfhip's Keepers of the Records in the Lower Parliament Houfe, I have thereby had opportunity to look into the Antient Archives which are to be found there ; which privilege I value much more than the fmall profites attending the ftation I am in," etc. William Henry, Marquefs of Lothian, as Lord Clerk-Regifter, appointed John Alexander and James Kerr to be " Keepers of the Publick Records, depofited under our care in the Lower Parliament Houfe at Edinburgh," 06tober 20, 1746. Kerr continued to hold this office till February 27, 1777, when a new commiffion by Lord Frederick Campbell, Lord Clerk- Regifter, was granted in favour of Alexander and William Robertfons, upon Kerr's refignation, on account of his age and infirmities. [ cxxviii ] James Ker was probably a native of Edinburgh, and had received a learned education. For nearly half a century he was employed as a clerk, and afterwards became deputy keeper of the Public Records. The above volume of Diploinata fully exemplifies his fitnefs for the office, and this is further confirmed by an unpublifhed report, written by him in the year 1760, of which I have a copy, along with an anonymous " Effay upon Teinds," pp. 46.^ At the end of the "State of the Records in Scotland," pp. 39, is this note : — "James Ker, under keeper of the Laigh Parliament Houfe Compiled the forgoing State of the Records in the year 1760. He has alfo made a Compleat Index of all the Charters under the Great Seal that are on record in the Laigh Houfe, which confifts of 3 volumes in folio." In the General Regifter Houfe is the fcroll copy of this Report, marked on the back, " Re- ported by James Ker 18 Novr. 1757, to a meeting of the Lawyers and Writers." He furvived till at leaft 1782. ' Since given to the General Regifler Houfe. [ cxxix ] A few corre6lions and additions which have been noticed frnce the pre- ceding pages were printed may be here fubjoined. Page xxvii. line 6. Charles, fecond Earl of Ancram, is faid to have died about the year 1680. He furvived till the year 1690, as we learn from the letter printed at p. cv. . . . It may alfo be noticed that by an overfight at line 8, Stanley Kerr, the third fon of Robert, Earl of Ancram, is faid to have died young. It will be feen, however, from the letter of Lady Elizabeth Rich to her brother, the Earl of Lothian, at p. 478, that he was alive in Augufl 1666. She fays — "My brother Stanley was lately at Clinden, but went to London in hope to hear of fome new employment for foldiers." He mufl, however, have predeceafed his brother Charles without leaving iffue. Page XXXV. The Earl of Ancram's Penfion. In the account of the King's Rents received by the Exchequer in Scotland, 1642 to 1649, is the following payment (in Scots money) : — " Item, the Accountant difcharges himfelf of the fumme of Fourteen thoufand feven hundreth thretty-thrie pound 6s. 8d., paid to the Earle of Louthian for the Earle of Ancrum, being in full of his penfion at Mertimas 1642, by precepts and recept 20 July 1642. ;^oi4,733 = 06 : 08." Page \i. line 15. A letter (p. 374) from the Earl to the Countefs of Lothian, dated December g, 1652, fixes the exadl date of their marriage. In this letter, in which he laments the profpecfl of Leighton refigning his charge at Newbattle, Lord Lothian fays — " This was our mariage day, but you have caflen me doune with the feare of a divorce or feparation of a fpirituall mariage." They mufl therefore have been married on the 9th of December 1630. Page Ixxiv. Arrears claimed from the Englifli Parliament. See Rufhworth's Hijlorical Collet ions. Fourth part, vol. i. pp. 322-327. 1646, Augufl 18. — "The Scots Commiffioners in a letter to the Houfe of Commons, delivered in an account of the arrears of their army ; the fubflance of which, together with the eftimate of the Houfe of Commons of Moneys paid unto them, the exceptions of the Scots to that eflimate, the Parliament's exceptions to their Account, and the Scots reply for fatisfadtion." According to the particulars (which are fully flated in Rufhworth), the Scots demanded about two millions, as due from January 18, 1644, to September 18, 1646, "having brought into this kingdom 1800 foot, rooo horfe, and 1000 dragoons; and acknowledge to have received near ;^7 00,000 in moneys, provifions, affeCfments, quarters, and otherwife." r [ cxxx ] Augufl 2 1. — " The Commons took into confideration thefe demands of the Scots ; and after a hot and tedious debate (which lafted ahnofl the whole day), they paffed a vote, That the fum of _;^2oo,ooo fliould be advanc'd for the Scots army, according to the defire of the Scots Commiffioners." September 2d. — " The Scots Commiffioners gave in a paper of reasons why their army could not advance into their own kingdom, or leave their quarters in England without ;^2oo,ooo were prefently paid them ; and the Houfe of Commons having debated the fame, voted they fhould have fo much at prefent if it could be raifed." Page Ixxxviii. The Earl of Lothian and the other Commiffioners fent to the King at Breda, took fliipping at Leith on " Settirday the nynt day of Marche ; and eftir fum fchort exhortatioun of ane of the miniflerie, and a prayer within the fchip, and fchooting of fevin pece of ordinance, they hoyfed fail with ane profperous wind, and arryved at Campheir upone Tyfday thaireftir at twelve houris befoir nune. They tuik with thame the Covenant to be fubfcryvit by his Majeftie," etc. . (Nicoll's Diary, 1836, Bannatyne Club, p. 4). Page 46, Note 2. In place of the words "on his return from France," read " when preparing to embark on a new expedition for relieving the Proteflants at Rochelle." Page 152, Note 2. In BaiUie's letter, dated November 17, 1643, the following paffage fliould have been given in the extradl. " Our negotiation at the Court of France, it feems, is mifcaryed. Lothian, with nothing done, is returned. He would not be diffuaded from going to Oxford, where we hear he is laid up, to our grief and irritation." Page 505*. The top hnes fliould read as follows : — " fermling to tranfpoirt the traine of artailzierye from Raivinfheucli to Sterling ; and as for the works of Brunt- yland the Committee hes ordainit the works to be compleitit and finifchit, and that men or moneys be provydit thairfoir ; " etc. CORRESPONDENCE. CORRESPONDENCE OF Sir Eobctt Hert, first d^arl of ^nctam, antr ^on Wiilliam, tfjat <3!BarI of Hotljian. William Ker to Sir Robert Kerr. i6i6 May 26. HONORABLE and loveing Cousing; I receaued not long fince ane letter from yow w' the maifler of Binny, quich was the firft I hade fince I am heir, bot fo full of kyndnes, and gaife me fo much contentment and fatisffa6lion as it may ferue weill aneuch for other three. It haith not only maide me remember quhat I already aucht yow, bot alfo increafed fo farr the nomber of my obligations to zow, as I moft feik fum vther meanes to acquyt my felf, quhilks I fear fhall not be fo eafily found as I fould be glaide to imbrace them. I vald regrait much the lofs of zour brother Thomas his company, ife I knew not zour caire to be fuch of him as I am affured it is for his Weill ; quich I fhall defyr with als much trew affe6lion as any man braithing ; for fo his loue and kynd cariage to me heir haith obliged me. We expe6l now dayly my Lord Hays^ our euery wayes extra- ' Sir James Hay of Pitcorthie was created a Baron of England in 16 15, by the title of Lord Hay of Sauley ; advanced in 1 6 1 8 to be Vifcount Doncafler, and after- wards Earl of Carlifle. About this time he was appointed Ambaffador to France, but did not leave till July; "having Hngered thus long in hope to be made of the Garter." (See Court and Times of James /., vol. i. pp. 401 and 416.) A 2 (ZLorrefponDence of ttz [1616. ordinaire Ambaffadour ; ife I be heir at his arriualle, and a witnes to his anions, ze fhall knaw quhat paffes. Ife not, I dout not bot ze will haue a number of freinds heir quha can better informe zow then I. As for the Pourtrai61 ze defyred in zour laft, I am about to haue ^ it ; and hopes to haue it at zow fchortly, als weill done as any hes bein as zet fent. Ife it content zow, I fhall be glaide ; and defyrs ze wald vfe me freely in any thing ze can think me capable to ferue zow ; for non fhall, God faife me, be more cairfull w' fewer words to effe6luat zour commandements. Ze tell me ther is vther things ze wald haue me bring home w' me to zow quhen I returne ; bot it is fo vncertaine as I fould be glaide to knaw them prefently, fo I am liklyer to go farther of then to come foone home ; bot, howfomeuer, vfe the power ze haue ouer me, I intreat zow ; and giue me affurance of zour loue be zour freedome in that kynd, that I may haue that fatisffa6lion in my mynd, and fum means to witnes my obedience. As for newes, I vill wryt non ; zour brother can fufificiently informe zow of the eftait of this countrey ; only this much, I am, praifit be God, in good health, and hes flrenth aneuch to do zow all the feruice it vill pleis zow com- mand him quha refts, zour moft trewly affe6lionat Coufmg, to ferue zow, WiLLIAME Ker/ Paris, the xxvj of May 16 16. To his honorable and loveing Coufing, Sir Robert Ker, gentihnan of his Heichnes bedchalmber, giue theis. 1617 Sir Robert Kerr to Mr. Rawlins.^ January 31. Sir, Thocht I be in doubt that thefe at fooneft but meet you on your waye homeward, yett lett me, in as good tyme as I can, thank ' WiUiam Kerr, (lyled de Lyntoun, had a grant of the lands of Prefloun, in the parifli of Oxnam, upon the refignation of William Kerr, brother-german of Sir Robert Kerr, February 28, 1629. Dr. Donne, in a letter to Sir Robert Karre (no date), fays, " The principall reafon of my breaking the appointment of waiting upon M. Rawlins was, that I i6i7.]