HISTORICAL MANUSCRIPTS COMMISSION. FIFTEENTH REPORT, APPENDIX, PART IX. THE MANUSCRIPTS OF J. J. HOPE JOHNSTONE, Esq. iifl*, OF . ' y. ■ :"■ .'V \ ANNANDALE. $reti*ntrtr ui botl) feautc* of Earltamnit bp Cflmmantr of fetx #Uj«t». LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE, BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. And to be purchased, either directly or through any Bookseller, from EYRE and SPOTTISWOODE, East Harding Street, Fleet Street, E.G., and 32, Abingdon Street, Westminster, S.W. ; or JOHN MENZIES & Co., 12, Hanover Street, Edinburgh, and 90, West Nile Street, Glasgow; or HODGES, FIGGIS, & Co., Limited, 104, Grafton Street, Dublin. [0.— 8554.] Price Is. 1897. SALE OF GOVERNMENT PUBLICATIONS. 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HOPE JOHNSTONE, Esq. of ANNANDALE. $re£entetr ta batf) fea\ulctoun of Smallgylles." 29 First, they offer full repentance to God for the slaughter, beseeching him that they do not attempt the like hereafter. Secondly, (hey offer " to be f'athar to hes bairnis and brether to hes brether " in all their affairs. Thirdly, they offer to become bound in manrent and service to the Laird of Johnstone and his house for ever. Fourthly, they offer to appear in the Church of Moffat or any other convenient place in their linen clothes kneeling, with their drawn swords in their hands, delivering them by the hilts in token of repentance. Fifthly, they offer to pay to the kinsmen and friends of the deceased the sum of four hundred merks Scots, at reasonable dates. Sixthly, they offer, if the above be not accepted, to abide by the judgment of four Johnstones and four Armstrongs equally chosen by both parties ; and Seventhly, they offer to pay to the eldest son of the deceased Simon, a horse worth one hundred merks, or else one hundred merks, money, as he pleases ; " besekand you for the lwff of Allmychty God to tak and exsepe [accept] thes our sempell offar, and your ansaur we hoomly besek." [Not dated, but about 1579-80.] 50. Agreement between John Johnstone of that Ilk, Warden of the West Marches, on the one part, and Edward Maxwell of Tynwell and James Maxwell of Porterrak, by which the latter, taking burden for their kin, servants and friends, bind themselves to take (i ane trew, plane and uprycht part " with the said John Johnstone, against John Lord Maxwell, Roger Grierson of Lag, their party and parttakers, and all others with whom the said John Johnstone has or shall happen to have any quarrel or controversy, the king only excepted. In return, the Laird of Johnstone binds himself to take part with the said Edward and James against Lord Maxwell and Roger Grierson. Neither party shall assure or agree in any way with Lord Maxwell or Grierson without the consent of the other party, and both parties are bound by the faith and truth of their bodies to keep this obligation to each other. Dated and signed at Lochmaben, 8 April 1580 ; witnesses, Robert Johnstone of Carnsalloch, Walter Scott of Tuschelaw, John and Mungo Maxwell, brothers of James Maxwell, and Herbert Carlyle. 51. Extract Act of Privy Council, ordaining William Lord Ruthven, Treasurer, to pay to John Johnstone of that Ilk, the arrears of wages due for the garrison of horsemen presently in service on the West Borders, and also their future wages, so long as they are main- tained ; likewise the fee due to the said John, so long as he continues to be Warden. Holyroodhouse, 24th September 1580. 52. Obligation by Cirste [Christopher] Armstrang of Barngleis for himself, his heirs, &c, to John Johnstone of that Ilk, Warden of the West Marches, that he will produce Nikke Lytill called " James's Nikke " and Nikkie Lytill called " Engrenis Nikkie " and enter them to answer for all complaints against them either by Scotland or England, on eight days notice under a penalty of £1,000 Scots. Lockerbie, 8th February 1580 [1581], Mongo Johnstone of Lockerbie and George, his son, witnesses, with others. 53. Bond by John Johnstone in Cairtertoun and Thomas Johnstone of Fingland, to John Johnstone of that Ilk, that the said Thomas " now being present in Lowmaben and to depart to his awin hous, sail cum again upoun Sunday nixt, the xxvj of this instant, and enter in Lowmaben to the said noble man, and remane quhill lawfull entre be takin off him " ; meanwhile " Wille and Syme Jhounstonis, his sonis, sail rearme in the said towne quhill the said Thomas returne ; and 30 geyf the said Thomas or his sonis foirsaidis dois in the contrair " they bind themselves that all their lands, &c. shall come in the Laird's hands for ever, under pain of treason and perjury. Dated at Lochmaben, 21 February 1580 [1581]. 54. Bond of Assurance, by the parties subscribing, to John John- stone in Chapell and his brothers, Eobert Johnstone in"Ventoun" [Newtoun ?] his bairns, and their party, also subscribing, that so far as they are concerned, these may go and come in safety by night or by day, and that in respect of the slaughter of Robert Grayme of Lang- bodome ; binding themselves also hereby, the one party to accept and the other to fulfil the satisfaction therefor, to be awarded by their chief and master, the Laird of Johnstone. Dated at the Chapel of Dunwiddie, 14th June 1581, before Edward Irving of Bonschaw, Mungo Johnstone m Lockerbie, Jok Johnstone in Howgill, and Andrew Johnstone, parson of Tunnergarth, as witnesses. The parties subscribing are, Robert Johnstone, Gilbert Johnstone of Wamfray, David Johnstone in Garwald, Bobert Johnstone younger, Gilbert Johnstone of Grlenkill, Mungo Johnstone in Howcleugh, James Johnstone in Balgra, Robert Johnstone in Rountrieknow, Gavin Johnstone in the Vicarland, Robert Johnstone, younger, in the Newtoun, John Johnstone in Chapell, Bobert Johnstone in Newtoun, Gavin and Jok Johnstone, his sons, Thomas Johnstone in Chapell, " with our handis at the pen led be the Laird of Johnestoun, our Chief," who adds his signature "Johnes- towne." 55. Offers by Edward Irving of Bonschaw, George Grahame of Renpatrick, and John Irving of Knockhill, made to the Laird of Johnstone, " and to the wyif and bayrnis " of the late William John- stone in Hayhill, their kin, &c, for the offerers, their kin, &c. " for hemg on the feild at the unhappe slauchtter of the said umquhile Williame " which they " sayrlie repent." First, they offer full repent- ance in their hearts " beseiking God of his infinit gudenes that we be newar on the feyld, quhare ewar siclyike offensis be committit and ©rnistle crawis forgevnes for Godis sake." Secondly, they offer " to try oure innocens and to acquite ws and all ouris that nane of ws schot that unhappie schot quhareby the said Williame was slayne ; nor bure the said Williame na rankour in our harttis, and that be sic sufficient snen as the Layrd of Johnstoun will appoynt, that we ar able to get or will do for us." Thirdly, they offer George Irving son to Edward, and * Christe the Grahme," son to George Graham, " to be enterit in the lions of the Lochwode to the Layrd of Jonstoun, and thaire to byide sic Iryale as the layrd will appoynt that nane schot the sayde schot," and if either of these be found guilty of shooting the said William, the offerers consent to their punishment, without any prejudice to this offer. Fourthly, they offer to attend at any place appointed by the Laird and a his wyise freyndis," and there in their linen clothes to kneel and ask forgiveness, and in token of homage and repentance take their naked swords by the points in their hands, and offer them to the Laird, bairns and friends of the said William " in maner of sufferage " as may please them. Fifthly, they offer " to be bound as husband and father to the saidis wyif and bairnis " in all their affairs, and to take part with them against all who would do them wrong, except the king, their landlords " and sic otheris as we haif committit the lyike offence aganis." Sixthly, they offer the sum of 500 merks to the family of the deceased; and Seventhly, will increase their offers if the above are not accepted, the Laird and his friends to be judges. And, finally, they humbly 31 crave forgiveness for the love of God. Dated February 1581-82, the parties signing by Thomas Scot, notary, in presence of John Johnstone of that Ilk and Andrew Johnstone of the Kirktoun. 56. Offer, in the form of a letter to the Laird of Johnstone from Will. Bell of the Nook and Will. Bell of Blackethouse. They state that on 23 January, Will Bell of the Nook taking burden for the others had written to the Laird, " anent the bering of the portiwis off us four Bellis " [i.e., their enrolment on the portable roll or list of criminals]. To which the reply was that they were borne on the roll for treasonably breaking their bond and promises. But now " I, Will Bell off the Nuik and Will Bell of Blacathons . . takis the burding upon us for Rany Bell and Watty Bell, our brether, to menteine and verifie that alleggit band, quhilk we ar borne for, to haive bene devysit and invented be yow [the Laird] and sik utheris, we beand in your ward and in dainger off our lyves and for feir and savetye off same wes constrynit to sub- scryve and to do quhat ye wold have ws ; and ther foir, geve ye or ony that ye can move will beir us as unhonest personis for ony point contenit in that pretendit writing, we four will offer our bodeis for tryall of our awin honour and in preving of theis personis unhonest quhilk falslie wald meine to accuis us." Provided that they may be assured of personal safety by entering such persons as they may name in the place of Drumlanrig, as sureties, to remain till the lawful trial of their dispute and they promise to keep the appointed time and place. Dated at , 6th February 1583 [1584]. 57. Bond by Richard Grahame " callit Hutschonis Reche " to Sir John Johnstone of Dunskellie, Warden of the West Marches, who has taken him and imprisoned him in the tower and fortalice of Torthorwald ; and as he cannot gain his liberty without this bond, he binds himself to remain in the said fortalice and the yards thereof, and shall not pass forth at " the utter yett " without leave first asked and obtained from the Warden, under the pain of treason, &c. Further, if he wishes to give up this bond and be no longer under promise but trust to his own protection, he binds himself to enter within the tower and give up his bond there. Dated at Torthocwald, 10th August 1584, one of the witnesses being Mr. William Leslie, brother to the Laird of " Boquhane." 58. Assurance by John [Maxwell] Earl of Morton, declaring that John Johnstone, " callit Grenehill," and twenty-two others, now in the Castle of Lochmaben, shall be unhurt and unmolested by him, his friends and partakers, in bodies, lands or goods, for any crime which ho or his friends may impute to them, provided none of them do anything prejudicial to the granter or his friends. Dated at Dumfries, 24 August 1585, Captain James Frissale, Mr. William Leslie, and others, witnesses. (Signed) 44 Mortoune." 59. Signature by King James the Sixth, for a gift under the Privy Seal, granting to Sir John Johnstone of Dunskelly, knight, Warden of the West Marches, and Dame Margaret Scott his wife, the escheat of the tack of the teindsheaves, parish of Lochmaben, and of all goods, moveable and immoveable, in the bounds of Annandale, Eskdale, Ewes- dale, and Wauchopdale, with the escheat of the lands and baronies of Carlaverock and of the tack of the teind sheaves of the town and parish of Dumfreis, which are all in the King's hand because John Earl of Morton, their possessor, had been denounced rebel for not entering [with the Government] certain persons of the name of Armstrong for 32 whom he was bound, and for other offences. [Date, blank, but about: 1585.] 60. Mutual Bond of Assurance by Walter Grahame and William Grahame for themselves, children and friends on one part, and Riche Grahame of Medupp, Richie Grame of the Mote, " Willie Grame alias Carliell, Huchons Androwe, and Huchons Richie " on the other part,, that they will keep the assurance made by them to Lord Scrope, till such time as lawfull entry be made of Francis Bell, John Bell, and Jock Bell into the " pledg chambre " of the Castle of Carlisle, and for five days thereafter. Dated, 23 February 1586-7. 61. Bond by James Douglas of Drumlanrig, taking burden on him for Carlyle, Bell, and Irving of Turnshaw, assuring Edward Irving of Bonshaw " his pairtye and pairttaikeris Scottismen quhatsumewyr, als weill unnaymet as namet " that for twenty days to come they shall be unhurt and unmolested ; the granter promising faithfully that the assurance shall be kept. Dated at Lochwood, 22 November 1587, witnesses, Roger Grierson of Lag, Alexander Jardine of Applegirth,, knight, John Menzies of Castelhill younger, and the Laird of Franeh- land. 62. Another Bond by James Douglas of Drumlanrig for himself his kin, servants, &c, Bells, Carlyles, and partakers both Englishmen and Scotsmen, that Jame3 Johnstone of that Ilk, his kin &c, Edward Irving of Bonshaw and his kin shall be unhurt and unmolested until the 14th September next. Dated at the Ross, 27 August 1588, among the witnesses being Mr. Robert Douglas, provost of Lincluden. 63. A long list made and signed by James Douglas of Drumlanrig,. of offences committed by persons of the name of Johnstone in the years 1587 and 1588, against his tenants. The injuries complained of are chiefly thefts of horses, cows and sheep, but money also was carried off in many cases, furniture or " inside plenissing." 64. Claim made by James Johnstone of that Ilk against John Lord Maxwell. He complains that Robert Maxwell, natural brother of Lord Max- well, the late Mr. David Maxwell and their accomplices, English and Scotch rebels, to the number of six score came to the place of the Lochwood on 6 April [1585], and treasonably " brint the place, mantioun, and haill houss thairof, with the haill insycht thairin, bedding, plenesching, and brint and distroyit my chartour ki&t with my haill evedentis and wreittis besyd uther jowellis, commitit under silence of nycht be the command and spetiall directioun of the said Jhone Lord Maxwell, &c. Secondly, he complains that Lord Maxwell himself on 15th and 16 May the same year, with his whole forces, came to the barony of Johnstone and " brint, slew, herreit and sackit " the barony and the lands of the complainer and his tenants in Annandale and Niths- dale, and carried off they" beand baith Engless men and Scottis, thair haill quick guiddis, their insycht and planesching in greit quantite, besyd the waisting of my haill heland rowmes this fyve yeir bigane." The complainer values the damage at 100,000 merks, for which he craves compensation from the Arbiters. [Circa March 1590.] 65. Articles of Submission between John Earl of Moiton, Lord Maxwell for himself and kin &c, on the one part and James Johnstone of that Ilk for himself and friends on the other part, agreeing to submit to Sir Robert Maxwell of Spotts, knight, Edward Maxwell of 33 Tinwakl, John Maxwell of Conhaith, and John Lindsay of Auchin- skeuch, arbiters chosen for Lord Morton, and Robert Johnstone parson of Lochmaben, Andrew Johnstone in Kirktoun, Robert Johnstone called of Newbie, and James Johnstone of Brakenside, as arbiters for James Johnstone of that Ilk, in regard to all questions, quarrels, controversies find disputes between the parties, preceding this date ; the said arbiters ^o convene at Shiellhill House on 17 March [1590] and accept office, and to give their decree arbitral between now and the 25th March. Both parties bind themselves and their friends to abide by the decision given, excluding all heritage or heritable tithes affecting either party. They also mutually assure each other against molestation until the 25th of March. Signed at Dumfries and Lochwood, on 12 and 13 March 1590. Witnesses, John Johnstone burgess of Dumfries, James John- stone in Garwald, Robert Maxwell of Castlemilk, William Maxwell apparent of Tinwald, George Carruthers of Holmends, and others. Signed by " Mortoune," " Jolmestoune," and the others. 66. Commission by King James the Sixth, appointing Sir James Johnstone of Dunskellie, knight, as Justiciary and Bailie within the bounds of Annandale and Nithsdale, with the usual full powers of holding courts, punishing transgressors, &c, over all persons of the surname of Johnstone, and all others his kin, friends, vassals, servants, tenants, &c, exempting them from all appearance before the Stewartry Courts at Annandale, as granted to the late Sir John Johnstone. Given under the Quarter seal, at Holyroodhouse, 10 June 1590. 67. Bond by the Johnstones of Millbank and Auchinstock, as 61 principallis " of their " brench," and taking burden for their depend- ants, that as Sir James Johnstone and Robert Douglas of Coshogill had becoms cautioners for the subscribers to the King, they oblige themselves to keep their chief and Robert Douglas "skaithless" of all danger incurred by their cautionry. Dated at Dunwiddie Green, 3 November 1590. 68. Mutual bond of amity between John Earl of Morton, Lord Maxwell, and Sir James Johnstone of Dunskellie, knight, whereby each for himself and his friends, in consideration of the fear of God, obedience to the King, and common weal of their native country, also because of their consanguinity and the neighbourhood and ancient amity between their respective houses, freely remitting and forgiving to eacl) other all rancour of mind and the feuds existing between them and their <£ forbears " in time past, they agree to live in a firm friendship. Lord Maxwell promises to appoint two steward deputes at the nomina- tion of Sir James. If any of their followers do not consent to this bond, he is to be a common enemy of both parties. In case of questions, four Maxwells and four Johnstones are to be arbiters, with the King as " oversman." Dated at Achmynnie Hills, 5th April 1592. 69. The Latter Will and Inventory of the goods, &c, belonging to John Johnstone alias Greenbill, with the " legacy and distributioun of the same, given up and left " be his awin mouth " at the place of Covington, 28 August 1592, before James Johnstone of Westraw, Mr. James Lyndsay, commissary of Lauark, Robert Johnstone, mer- chant, and Mr. Alexander Spittell. minister at Liberton, witnesses. First, he being sick in body and whole in mind, commits his soul to God, protesting true penitence for all his offences, &c. Secondly, he constitutes James Johnstone in Nethertoun, his near kinsman, his only executor, with full powers to dispose of and distribute his goods to the i 93550. C 34 persons named. Because of the goodwill and maintenance he has had in times bygone from the Laird of Johnstone, his chief, and for the help of his " bairnes," and that neither the Laird nor his Ladv may hurt or prejudge his children or executor in possession of his good's, &c, and for avoiding discords among them, be leaves to the Laird his horse, with 200 merks due to him by John Johnstone of Howgill \ item, he leaves to Lady Johnstone " xxiiij kye and oxin," and four score lambs, owing to him by the same person. For provision to his children, he leaves, first, to Elizabeth Johnstone his daughter the right, title, and kindness which he has of the lands of Batok, and of the tack and possession of the lands of Kirkpatrick, she to be married at the dis- cretion of the laird and the executor : Item, he leaves to his son John Johnstone, his kindness, right, and possession of the six merk land of Greenhill, and in case of his death he leaves the same " rowme " to Thomas Johnstone, his brother, and ordains him to " iniertene the said bairne " and possess the " rowm " till he come to majority : Item, he leaves the whole debts due to him by Walter Cowthird of Glentewing, to Margaret Johnstone, his daughter, with the sum of £100 Scots due by — Pollok of that Ilk, another £100 due by Thomas Muir in Glasgow, and likewise the sum of 400 merks, which he ordains Thomas Johnstone his brother to deliver to the said Margaret and to his executor in her name, for her use till she reach majority, and this without prejudice to the executor's right and title over Glentewing, and the said debts, &c. are to pass to the executor, if Margaret die without issue : Item, he leaves to Catherine Johnstone, his daughter, £20 with a cow, owing by William Johnstone of Rountrie Know, and another £20 due by Thomas Boyll in Drumcrie : Item, he leaves to Isabel Johnstone his sister, a cow and a calf: Item, he leaves to two sons (names blank) of Walter Johnstone, his brother, and to Johnstone, his own sixteen cows and nine nolt. vfith Tamrell Paterson in Greenhill, to be divided amongst them : Item, he leaves to Janet Johnstone, daughter of James Johnstone in Blacklaw, six nolt, three of which are in the hands of James Crosby and John Moffet in Kirkhope, and other three in the hands of Duncan, John and George Gillespies : Item, he leaves to her, eight old sheep and their lambs, in Tamrell 's hands : Item, to Martin Johnstone in Myrehead two oxen, now with " Luce of the Brogmure " : Item, to little John Johnstone in Dumfries one ox, in the hands of Andrew Moffat in Hai;agstane : Item, he leaves to the Laird of Westraw £40 Scots, owing by the Laird of Earlshauch, £30. due by the Laird of Hacshaw [Halkshaw], and £30 owing by William Chancelleir, servant to the Laird of Covington : Item, he leaves to his "sister sones " £140 owing by Ninian Haliday, servant to Robert Johnstone of Kirkhill, with sheep and goats in the hands of , to be divided between them : Item, be leaves to them his right and kindness of the merk land called Taitt's land, and his right to the two merkland of Ershbank, holding of the elder Lady Johnstone during her life, together with the promise made by his chief to lease the land to him after her death, which promise he desires his chief to keep to these two " bairnes," and ordains them to be helpers to his son and brother in defending themselves in his steading of Greenhill : Item, he leaves to Eleazar Hamilton, son of Sir James Hamilton of Crawford-John, knight, five or six nolt in Evindaill : Item, lastly, he leaves to his executor all his goods and gear, provided he distribute the goods and legacies specified, and in the mean time he ordains Thomas, his brother, to be consulted in all his affairs : And for his true and thankful service to his chief he ordains that he see his bairns or executor get no wrong, but that they be maintained and defended by 35 him. With power to the executor to amplify the will by the advice of the said minister and others, until the same be made sure, and to fulfil the things commanded, as he shall answer to God. [On 8th September 1592, the ward, nonentry, and relief of the four merk land of Betok [Beattock] and two merk lands of New Park, in the parish of Kirk • patrick- Juxta, were granted by the King to Dame Margaret Scott, the elder Lady Johnstone, from the death of John Johnstone of Greenhill, until the entry of the righteous heir to the lands, which were held in tenantry of the Crown.] 70. Another Bond between John Earl of Morton, Lord Maxwell, &c, on one part, and Sir James Johnstone of Dunskellie, knight, &c, on the other part, binding themselves that neither they nor their friends "sail trafficque, assuir or agrie" with Sir James Douglas of Drum- lanrig, knight, his kin, &c , without the advice and consent of the other party, and any agreement with Douglas is to be made by both on the same day. In any dispute with Sir J ames Douglas both parties are to " concur, fortify and assist " each other against him to the utmost of their powers. And if Sir James Douglas or any of the parties or their friends be hurt or slain, the parties shall concur against Douglas, " and sail tak ane uprycht, efald and trew pairt " with each other, till "the said feid be agreit or reconcelit." Signed by the parties at Dumfries, 13 March 1592-3. Witnesses, Robert Maxwell of Castlemilk, George Carruthers of Holmends, Mungo Johnstone of Lockerbie and J ames Johnstone of Kirktoun. 71. Agreement between Sir James Douglas of Drumlanrig, knight, Robert Maxwell of Castlemilk, and Thomas Kirkpatrick of Closeburn, to assist John Earl of Morton, Warden of the West Marches, in appre- hending Sir James Johnstone of Dunskellie, knight, his Majesty's rebel, for divers odious crimes and for reset of the murderers of the men of Sanquhar and sundry other fugitives, in his house of Lochwood ; and as the Earl of Morton has deputed Robert Maxwell of Castlemilk for this task, with the concurrence of Thomas Kirkpatrick of Close- burn, and such other barons of the wardenry as may be moved tc further the King's service, Sir James Douglas engages to assist them, and all three bind themselves to stand by each other in any feud or trouble which may arise from the enterprise. Dated and signed at the Blackwood-head, 23 October 1593. Herbert Maxwell of Cavens, Avitness. 72. Bond by Amer (Aylmer) Maxwell of Garnselloch, George Maxwell of Drumcoutren, William Maxwell of Tinwald, younger, John Maxwell of Porterrak, and Mungo Maxwell there " in respect that we ar tain pryssoneris be Schir James Jonstoun of Dow.-kelly, knyeht, and borrowit our selfis upon our awin bandis, quhairfoir we and every ane of ws bindis and oblissis us be the faith of our bodyis and lykwayis under the pane of tressoun that we sail enter our selfis in the same forme we ar releiffit unto in the hous of the Lochwood the aucht day of Januare, and thair remain quhill lauchfull entry be tain of us be the said Schir James." In the mean time they shall in no way trouble Sir James or his friends, civilly or criminally. Dated and signed at the Lochwood, 10th December 1593. [Four days after the battle of Dryfe Sands, in which Lord Maxwell was killed.] 73. Proposals by Sir James Johnsone of Dunskellie for a friendly agreement with Lord Maxwell, the son and successor of the late Lord. c 2 36 Sir .Tames begins " Forsamekill as I . , . considerand Godis glory and [the] Kingis Majestyis quyetnes and the commounwelth of this contre, persaveand ane grit troubill to fall out in respect of the last unhappy and ungodly wark that fell out betuix the Lord Maxwell and his freindis . . . and me and my freindis . . . the quhiik I tak God to witnisse and all guid men, how that troubill com on me in considderatioun of the grit skaithis of fyris, heirschipis and slauchteris done be the foirsaid lord and his partakeris upone my umquhill father and our freindis, the quhilkis skaithis and desplesouris wes his deith. Nochttheles God knawis I had dispenssit and buryit thai materis in my hart, and to verryfie had maid ane hartly agrement with the foirsaid lord, and thocht never ^to call to compt sic thingis done of befoir,, as oure bandis and handwrytis beiris in effect. Nochttheles, it is nocht unknawin how he maid ane uther privat band for the wraik of me and my freindis and throw tbir occassionis it is thocht that it salbe and is alreddy the breking of the Borden's, to the grit wraik of all trew men and innocent pepill in thir pertis." To avoid this result Sir James is willing to give security, that neither he nor his partakers shall do any " skaith " to any one partaking with Lord Maxwell "in the last troubill," provided he may have similar security. "And as anentis the perticuller deidly feidis, let that be ussit as the pertyis pleiss and that in the taking of men and horse as thai may be had ; and let all men keip fra the danger thairof as thai best may." If any of his friends recklessly take goods belonging to any Maxwell, Sir James promises to give redress within four clays after being informed of it, and he suggests that a day should be appointed for this. If this offer is refused, he will present a copy " befoir his Majestie and the Kirk where throw," he adds, "I sail tak God to witness of my innocency, and sail do as I have done of befoir, lein upone Godis releiff in my lauchfull defence." Dated and signed at the Loch wood, 30th June 1594. The laird of Wamphray, Mr. Alexander Menzies of Garterhalls, and others, witnesses. [A precept was issued on 24 December 1594, for a Remission to be granted to Sir James Johnstone for the slaughter of the late John Lord Maxwell, Lieutenant of the West Marches, committed up>n 6th December 1593.] 74. Bond by Edward Irving of Stabiltoun, J affray Irving of "the Coiff abowf Dulskellie," George Irving of Woddes, James Irving of Cleucheids, Chirstie Irving of Allerbek, and Willie Irving, called "Wille Dand," binding themselves to serve Sir James Johnstone against all, the King excepted ; and specially " to ansuer to him at all tymis when we ar requyrit be him, and to hald him harmeles at the Kingis Majesties hand, and his ILyenes offiseris of Scotland, and alse weill anent Ingland." Dated at Bonshaw, 26 March 1596. 75. Mutual Bond of Assurance between Sir James Johnstone of Dunskellie, knight, and Alexander Johnstone of Gubhill, their kin and friends, on one side, and Thomas Kirkpatrick of Closeburn, and Roger Kirkpatrick in Cluistoune, their kin and friends (excepting John Kirk- patrick in Dressetland, his bairns and followers), that neither party shall hurt or molest the other during the time of this assurance, which shall endure till given up in writing by either party on fifteen days warning. Dated at Closeburn, 23 April 1596. Witnesses, Roger, William, and Mr. Samuel Kirkpatrick, brothers of Thomas, Ninian Oichton in Kirkpatrick and others. '67 76. Commission by King James the Sixth appointing Sir James Johnstone of Dunskellie to be Warden and Justiciary on the West Marches of Scotland, with full powers. Given under the Great Sea), at Falkland, 28 July 1596. 77. Mutual Bond by Sir James Johnstone of that Ilk, knight of Dunskellie, Warden of the West Marches, and James Douglas of Torthorwald, the former in consideration of a disposition to him by James Douglas of the lands of Moskesso, binding himself to maintain Douglas in all his possessions against all except tl>e King, Douglas in return obliging himself to defend Sir James in his lands, &c., to his utmost power. Dated at Lochmaben, 24 August 159o. 78. Bond by Sir James Douglas of Drumlanrig, knight, Robert Dalzell, younger of that ilk, Master Robert Crichton, younger of Carco, sheriff depute of Dumfries, William Crichton of Librie, made at command of the King, assuring Sir James Johnstone of Dunskellie, knight, Edward Irving of Bonshaw, William Irving of Kirkconnell, and , his son, Mungo Johnstone of Lockerbie, and William his son, called " the constable," Cristie Carruthers of Dormond, Andrew Johnstone of Lockerbie, An- drew Johnstone, parson of Tunnergarth, Martin Johnstone of Myreheid, Thomas Johnstone of Finglen [Fingland], Symon Johnstone, " Thorns Sym of Finglen," Daud [David] Johnstone of Brigmure, John Johnstone of Cartertoun, John Johnstone of Howgill, John Johnstone of Kirkhill, John Johnstone in Staywood, John Armstrong in Langholm, Cristie Armstrang in Barngleis, Richard Irving in Starkheuch, and each of them, that they, their kin and friends, &c, shall remain unhurt and unmolested until the 1st January 1598 [1599]. Dated at Dumfries, 29 November 1597, under a provision that the opposite party shall subscribe a similar assurance to the subscribers. Signed by all the parties. 79. Statement and. Challenge by Sir James Johnstone of that Ilk against Sir James Douglas of Drumlanrig in reference to the above Assurance, which Douglas alleged Johnstone had violated. In his reply, which bears the superscription " Reid me and lat me stik still," Sir James transcribes the assurance as above, and desires " all gentill- men to reid and consider " the assurance ; secondly, the breaches of it, and thirdly the discharges which, he says " I sail try be the law of armis, in respect his Majeste lies refuissit me of ane assuritie to cum and try that matter befoir him self." The breaches of the assurance were : — 1. David Bell son of Wat Bell, man and servaut of Drumlanrig, came to a house of Christie Carruthers of Dormont and burned it upon the " leithe day " [probably " leet " or election day] u the quhilk he nather will nor dar deney." 2. The Cairlells and Bells came to his [Sir James's] lands of Soupilbank, and tilled and sowed the same, while he was in Edinburgh with the King on the above assurance. These lands had been possessed by Alexander Cairlell, but the Laird had ejected him and declared he or his should never brook lands from him again, becaus of their disobedience to the King and to himself his Majesty's officer. 3. The Bells have at sundry times beaten the servants of the goodman of Bonshaw, taken their ploughs and forcibly tilled their land. 4. Sundry "stouthes" had taken place since the assurance, and some of the Laird's " puir folkis lies coft pairt of thair awin geir bak agane." 5. " Reidclok " and his accomplices seized two of Sir James's servants when riding out, though doing no man injury, and detain and use their horses, which he shall prove. 38 Whereupon, says Sir James, being so used "I tuik occatioun to wryt to his Majestie . . . declairing the brekis [of the assurance] as is foirsaid heirintill, and lykwayis declairing I wauld nathair think of ane assuirance fra that furthe, nor wauld leine to it, bot desirit his Henes to hauld me excuisit quhatever fell out thairupone in respect as I was useit, and wryt ane letter to the Luftennent quha delyverit the assuirance, to the same effect, quhairof I resavit na ansuer . . . I spak the Luftennent, quhom to I declairit that the assuirance was broking in sundrie poyntis and I said to him, * Give I gat ony of Drumlangrigis [men] befoir I wane hame at that present I sould do them the vorst,' as I dout nocht bot he will testeffie. This was all done befoir I did ony man trubill, the quhilk I offer to pruiff be the law of amies ; in respect quhairof I desyr all gentiilmen offer in my name, — That give aithar Drumlangrig, quhome is but ane feibill and unhonnest perjurit creattour, quhome hes movit his Majestie and consell in my absence to pubieis my schaine by all kynd of resone, quhilk be thir presentis I dout nocht all men will persave I resavit vrang at his Majesty's hands, sieing he hes gevin ane decreit againes me, and wauld nocht give me nathair ane remissioun in respect of the slauchter I had commitit nor licence to cum and gang to try my awin caus, the quhilk I offer yit to try honnest. And albeit it be mair nor resone, lat that beistle creattour, quhome hes movit his Majestie aganis me grant he darr nocht, and in respect it is gane sua far on, I will offer myself to defend my honnestie that I have not broking that assurance, aganis ony he in Scotland, ane man of honnour or honnestie [that] dar accuisse me, albeit he be inferriour to my estait I sail ansour him, being as is foirsaid. And give [if] nathair that beistle creattour, nor na uthir in his name nor assistaris, dar challang me, I will desyr all gentiilmen and guidfallowis to esteme my pairt honnest, and to consider, fra 1 offer this that nathair the king and consellis decreit, nor na uthir thing can be useit aganeis me can hurt my honnestie sua lang as I offer to defend it be the law of armis. And give na man dar accuis me, than I offer to Drumlangrig, that feibill creattour, or to ony of his estait in his name fra he darr nocht, to pruiff him perjurit, defamit and nocht wordde credit, be the words that is set downe herein and" that be the sword." This challenge Sir James subscribes, desiring all men to excuse his rude " forme." [Not dated, but probably written not long after 5 May 1598, when the King and Privy Council, at the suit of Douglas of Drumlanrig, declared Sir James Johnstone to be infamous for breaking the assurance of 29th November. See Register of Privy Council, Vol. V., p. 450.] 80. Bond by Sir James Johnstone of Dunskellie, assuring Sir James Douglas of Drumlanrig, his kin, friends, &c. and partakers (except the Bells and Carlyles) that they shall be unhurt and unharmed by him and his until 1st October next. This was done at the command of the King's Lieutenant on the Borders [William Earl of Angus], and signed at Douglas, 4th September 1598. 81. A similar bond by Sir James Douglas of Drumlanrig in favour of Sir Ja mes Johnstone, to endure from the date until the 1st January next, Edinburgh, 18 November 1599. Witnesses, Robert Lord Crichton of Sanquhar, and others. [On the same day Lord Crichton signed a similar bond on behalf of his own kin and friends in favour of Sir James Johnstone, for the same period.] 82. Extract Act of Privy Council, narrating that Sir James Douglas of Drumlanrig and Sir James Johnstcna of Dunskellie 39 appeared personally, and bound themselves to observe the King's peace, and to keep good rule in the country, to redress and satisfy complainers by entering the offenders to justice, to reset no avowed thieves or fugitives nor any stolen goods, under the pain of being answerable for the same. At Holyroodhous, 20 November 1599. 83. The Testament and Latter Will of Gilbert Johnstone of Glenkill, made upon his deathbed on 15th March 1600, before these witnesses : John Johnstone in Cummertrees, James Johnstone in Garvell, and James Johnstone, notary and writer of the will. First, he leaves his soul to God. His debtors are, first, the Laird of Holmends for his mother's conjunct fee, £200 Scots; secondly, Robert Johnstone in Rountrieknow for £60 Scots, Ninian Johnstone his brother and " Maiss Jok" being witnesses. He owes (1) to John Johnstone of Newbie, burgess of Edinburgh, £16 10s. Scots ; (2) to his servants, and other small debts, £20 ; to George Grahame his sister's son £50 Scots, of which £20 are paid, leaving £30 to be paid, which he directs his wife and " bairns " to pay out of the first of his goods, and the rest of the gear he leaves to his said wife and bairns. Item, he leaves his bastard son " to byd still with his wyffe sua lartge as they can agrie," and if they can not agree, he directs her to give " the said lad ij quy cowdows." Item, he leaves his wife and bairns to the Laird and Lady of Johnstone, and his " rowme " of Glenkill, that the Laird may maintain them therein. He wishes that the Laird would take Glenkill into his own hands, giving his wife and family a holding elsewhere. Item, he leaves to " Davie of Moillens Jok his awin peise of rowme of Rehili, to the said Jokis self, without cummer," his wife to pay Davie some- thing yearly so long as she stays there, and when she goes out of it he is to use it as he best can. Item, he leaves his horse to the Laird his chief, " and gewe [if] it pleis the Laird to gewe his wyff and bairnis ony thinge for him, he wauld he did it becaus they ar in greit detis and lyttill to pay the same." Concluding with a docquet by the notary. 84. The Testament and Latter Will of John Johnstone, sometime Commendator of Salsett (Soulseat), given up by his own mouth on 14th April 1600, in presence of Mr. Richard Spens, advocate ; Adam Schoir, writer, serjand ; John Boyd, burgess of Edinburgh ; John Dougall, messenger there ; and Alexander Wilkie, notary and writer. Imprimis, he nominates and constitutes John Johnstone, student in Edinburgh, his natural son, Simon Johnstone, his brother, and Andrew Johnstone, son of Thomas Johnstone, in the mains of Salset, conjunctlv, his only executors, with full powers of intromission with his goods, and particularly the sums of money due to him by Mr. John Johnstone, advocate. And in case of the decease of his son John before he reach majority, the testator leaves all to the said Simon and Andrew equally. Item, he leaves the sum of 100 merks Scots, owing to him by John Robeson, maltman, burgess of Edinburgh, to Janet Cristison, mother of the said John Johnstone, younger. Item, he leaves to John Dowgall, messenger, £20, to be paid by his executors from the first payment of any of the actions against the Earl of Cassillis, [Laird of] Kinhilt, or Alexander Gordon. Signed by the Testator and notary. 85. Minute of a W r arden Court held by William, Lord Herries, Warden of the West Marches, Sir James Douglas of Drumlanrio-, Thomas Kirkpatrick of Closeburn, James Murray, apparent of Cockpool, and John Carruthers of Holmends, decerning " that the Larde of 40 Apelgerthe and his freindis sail acquyit thameselffis according to the rid [rede] set down be the Larde of "johnstoun and his freindis, for the slauchter of umquhile John Johnstoun in Fingland, or for ony uther Johnstoun that hes bene slane fra the tyme of the Larde of Johnstone's entering into warde, for the same nycht the said slauchter was committit ; thir personis except, Sanders Niniane, Geordie of Kinmonts Cristie, Hecters Wille Armestrang of the Gingillis, Robie Grame of Langrigis, Abraham Johnstoun in Brume, and the Coulchumis, in respect the saidis personis ar fugitivis and rebellis to our soverane lord, and the maist pairt of thame under deidlie feid with the Larde of Apilgirthe." As to the claim for unslain Johnstones, the parties are to give and take acquittances " at the sycht of four freindis." A new assurance is to be given between the parties, during which damages ♦ may be tried and repaired. Lord Sanquhar and James Johnstone being out of Scotland, their " purgatioun in wryit " shall be sufficient* Dated at Kirkmichael, 1st July 1600. 86. Assurance by Edward Maxwell of Tinwald, and Herbert, Edward,, and John Maxwell, his sons, that Sir James Johnstone of Dunskellie, his kin and friends, shall be unhurt and unmolested by the granters until 1st July 1601. Dated at Dumfries, 4th August 1600. Walter Grahame, brother to the Laird of Reidkirk, and others, witnesses. 87. Act by the King and Privy Council, attributing the " frequent bludis, stouthis, reiffiis, and uther insolencies " committed on the West Marches, to the " want of the preicheing of the word and exercise of the trew religioun within the saidis boundis, swa that na small nowmer of personis for laik of knawlege and instructioun hes rune louse to all kynd of villanie and mischeif," &c. The decay and ruin of the Churches having been a great hindrance to the preaching of the word, and his Majesty, desiring to have preaching and ministration of the sacraments established to promote in some degree peace and quietness, has resolved that the parish churches of Lochmaben, Dryfesdale, Wamfray, Hoddam, Applegirth, Mouswald, Lockerbie, Morton, Ruth well, Torthorwald, Sillebie, and Middlebie, " salbe re-edefeit and biggit up " by the various parishioners between this and first October next. He has therefore commanded Sir James Johnstone of Dunskellie, warden of the said march, to convene the parishioners of the various churches, to charge them with rebuilding the same, and to urge them to agree to the making up of a stent or tax roll in every parish, so that each person be taxed according to his means, and collectors appointed (o receive the money within ten days of the charge. Dated at Dumfries, 19th October 1602. 88. Bond by " Francie Armstrang, allias Kynmont," to serve Sir James Johnstone of that Ilk, knight, against all men, the King excepted ; while Sir James Johnstone binds himself to maintain Armstrong in all his lawful affairs ; this bond to be renewed as often as is necessary. Dated at Lockerbie, 6th February 1603. Walter Scott of Tushilaw, Patrick Porteous of Halkschaw, William Johnstone, son of Mungo of Lockerbie, and others witnesses. 89 Notarial Instrument narrating that Elizabeth Stewart, Lady Newbie, " hes upon hir awin motyve will removit hir selff , hir barnis, guidis and geir, with kestis and insycht, furth of the towir of Neube into the leuche hall quhilk sche allegit [claimed] to be seasit intill, and na geir left in the towir except tua chaple bedds in the heche hall and fyve stand beddis in the heche chambers, without ony furnesing, 41 togidder with ane counter burd, ane garneell in the leuche seller without ony victuell, and hes promeist to be countable for hir fyve youngest dochters to the Lard Johnnestoun ; lykas he hes oblist himselff to be ansuerable to the counsaill bayth for the hous and the barnis : And siclyke [she] hes grantit the Lard Johnnestoun his freyndis and servandis hes intromittit with na geir that appertenit to her umquhile husband and her, except sum fodder and elding/' At Newbie, 2 January 1605. Witnesses, James Murray, younger, of Cockpool, Sir David Murray, his brother, John Carruthers, younger, of Holmends, John Johnstone of Graitnay, Robert Johnstone, younger, of Wamphray, and others. 90. Warrant by the Privy Council, signed by the Chancellor, and Lord Balmerinoch, freeing Sir James Johnstone from his present ward in his lodging house in Edinburgh, and allowing him to go where he pleases. At Edinburgh, March 1605. 91. Letter of Slains by John Lord Maxwell, freely remitting and forgiving Sir James Johnstone of Dunskellie the slaughter of his father, the late Lord Maxwell, 11th June 1605. [This Letter and account of what led to it, will be found in the printed Register of the Privy Council, Vol. VIL] 92. Remission under the Great Seal to Sir James Johnstone of Dunskellie, John Carmichael of Medoflat, and fifty-eight others, chiefly Johnstones, for the burning of the church of Lochmaben, and the slaying of the late John Lord Maxwell, and a special remission to Sir James for breaking out of his ward in the Castle of Edinburgh ; to endure for his life time and of his accomplices. Given at Whitehall, 28 September 1605. 93. Notarial Instrument narrating that Andrew Cunningham, procurator for Dame Sara Maxwell, Lady Johnstone, younger, Countess of Wigtoun, and John Earl of Wigtoun, now her spouse, passed to the personal presence of Robert Johnstone of Raecleuch, tutor to James Johnstone now of that Ilk, and there " presentit ane brown hors with ane quhyte which belonged to the late Sir James Johnstone of Dunskellie, at the time of his death, and was his best horse, and which now belongs to James Johnstone now of that Ilk, son of the late Sir James, "as his airschip hers." This horse the procurator, in name of the Earl and Countess, now required the said Robert Johnstone, tutor of Johnstone, to receive on behalf of his ward as " airschip hors," to him by his father's death. But the tutor of Johnstone refused to receive the animal. At the Raecleuch, 22 May 1612. Witnesses, Mungo Johnstone of Over Howcleuch, William Johnstone of .Nether Howcleuch, — Coupland, "petigog" to James Johnstone of that Ilk, and others. 94. Summons at the instance of Dame Sara Maxwell, Countess of Wigtown [formerly Lady Johnstone] and — Smith, her servant, narrating that, though " the troubles, quhilkis wer of so lang contenowance betuix the names of Johnnestoun and Maxwell, and by the quhilkis the peace and quyetnes of the countrey wes so far disturbit," are now in some measure " happelie satled," while hostility has ceased and peace is kept, " to the grite conforte and repoise of all honest and goode subjectis," yet some persons of the name of Maxwell, " being irkit and weyryed with the present peace and quyetnes of the countrey, and being puft up with a violent and vehement desyre to walkine and renew 42 the auld troubleis and elistis betuix the twa names," have tried " to raise such ane combustioun and fyre betuix thame as hardlie thairefter wil be satled." These persons are, Robert Maxwell of Dynwiddie and Alexander Maxwell his son in law, who out of the " pryde and malice of thair hartis" against the complainer and her young son [the young Laird of Johnstone] and the whole tenants of the barony of Johnstone, have by themselves and their servants done as follows : — They have during the past six years cut, destroyed, and carried olf the growing timber of those parts of the barony called Knokbank and Milbank, and defaced these lands which were plentifully wooded ; they have also fished for salmon on both sides of the water of Annan belonging to the said barony, where they have no right to fish, and have threatened and provoked the tenants, hoping to cause bloodshed and " as it wer to gif a new lyff to that auld monstour of deadlie feade." They also caused their herds to draw together " not onlie all thair awne bestiall . , bot sa mony ma of thair nightbouris about thame as they could gett," and drove the animals to a part of the barony well furnished with growing corn, on which they pastured their flock till the corn was eaten and destroyed ; also thay 6t broght tua grite mastice doggis quhilkis are ordinarlie keipt in irne chaynes," to the houses of certain of the complainer's tenants, " quhair they had a nomber of scheip for the tyme and sett the doggis louse in amangis the scheip, quhair they wirreyed and slew threttie or fourtie scheip." Lastly, they, or at least Alexander Maxwell at Robert's instigation, " unbesett the hie way " and attacked the said — Smith, gave him a number of wounds, and left him lying for dead. Wherefore the said parties are summoned to appear before the Privy Council and to answer to the complaint. Letters of Summons dated at Edinburgh, 9 May 1620. [There are many blanks in the document, and it is possible it was never formally completed.] 95. Notarial Instrument narrating the ejection of Robert John- stone of Raecleuch and his family from the House and lands of Newbie, and the giving of possession to James Johnstone of that Ilk, and Edward Johnstone of Ryhill, as one of his curators. This is a formal document, but narrates that possession was given of the land "be delving with ane graipe of ane part of the grund thairof, becaus na pleuch could enter to teill the samyn in respect of the great frostis, and delivering the samyn graipe be the schaft to the saids James and Edward Johnstounes," who were also entered to the houses " be slekneing f urth of the bail] fyres within the saidis houssis, and keindlying of new fyres within all the said houssis, and delyverie to thame of the haill keyis thairto." Done on the lands of Newbie, 29 November 1621. Wit- nesses, Ninian Johnstone of Poldean, John Scott, brother of Robert Soott of Tuschilaw, and others. 96. Testament of Dame Sara Maxwell, Countess of Wigtown [some time Lady Johnstone]. She appoints her daughters, Dame Elizabeth Johnstone, Lady Elistowne [wife of Sir William Hamilton of Manor Eliston in Ireland], Mistress Sara Fleming, and Mistress Jane Fleming, her only executors. Her bequests are chiefly to her son James John- stone of that Ilk, of money and heritable rights. To Sara Fleming she leaves 3,000 merks, and 2,000 merks to Jane Fleming. Also to " Dame Elizabeth Johnstowne, Ladie Elistowne, one neck cheinze, with one belt of gold smyth work conteining the wecht of ten unce or more with one peair of braicelettis, with two cheinzeis, and two lockis all of gold." To Mistress Sara Fleming " one pair of braiclettis, thrie lockis and three cheinzeis, amongis thame conteinyng four unce wecht of gold with 43 one pearleit cheinzie of gold and muisc beidis." To Mistress Jane Fleming " one pair of braiclettis of gold of cheinze fashione, with one cheinze of quhyte pearle." Dated and signed at Lochwood, 22 April 1628, 97. Patent by King Charles the First, creating James Johnstone of that Ilk, Lord Johnstone of Lochwood, in consideration of the services which he himself and his father and grandfather and their predecessors rendered to the King's father and grandmother and other ancestors, both in Scotland and England, especially in divers commissions on the borders between the kingdoms and by assistance in the repression of rebels and outlaws in that part of Scotland ; the said title, honour, and dignity to be held to James Johnstone and his heirs male, of the King and his successors, with all the privileges of a Lord of Parliament. Given under the Great Seal at Holyroodhouse, 20 June 1633. [On 18th March 1643, King Charles created James Lord Johnstone, Earl of Hartfell, to him and his heirs male ; and on 13 February 166 J, James second Earl of Hartfell received from King Charles the Second a Patent creating him Earl of Annandale and Hartfell, &c, to his heirs male, whom failing, to his eldest heir female without division.] 98. Testament and Latter Will of Lady Margaret Hamilton, formerly widow of David Lord Carnegie, now third wife of James, first Earl of Hartfell. She commends herself to God, and desires her body to be buried " among the faithfull in the most modest way, and in the neircst convenient place." She appoints her husband her sole executor, and leaves the following legacies : — " To wit, to my eldest dochter, Margaret Countes of Carnwathe, a grit jewell maid up in a pair of braicelets and a littill jewell, estimat to tua thousand and fyve hundreth merkis usuall money of Scotland. Item, to my said dochter, for the use of hir eldest sone and failyieing of him be deceis," to that son succeeding to the Earldom of Carnwath, and failing him to her eldest daughter, to be delivered when the legatee came of age, "a compleit furneist bed of blak velvet, embroderit with sewit flouris of silk courteines, pairis covering, tabiJi clothe, a long chyre, two uther airmet chyris, thrie coverit stooles, a bed lyned with taffitie and fals coveris, with taffitie for all the saidis chyris and stoollis, also a carpet of fyn arrass four ellis of lenth or thairby, with muche silk in it, all estimat to thrie thousand merkis, or thairby. Item, to the secund sone of the said Margaret Countes of Carnwath, my dochter, a silver baissein, a silver ewer, tua silver saltis, a dussan of silver spoones, a silver sugar box, thrie silver dishes, all about the value of ane thousand merkis," these being reserved to her own disposal by a contract with her husband dated at Edinburgh 30th January 1647. " Item, I assigne leiff and dispone to Dame — Carnegie, Ladie Kilbirnie, my secund dochter, a ring with sax diamondis, estimat to . Item, to hir dochter, Margaret Crawford, a pair of gold braceletts, a gold chenzie and threttie sex pieces of gold, all weichting a pund wecht or thairby, estimat to ane thousand merkis or thairby. Item, to the said Margaret Countes of Carnwath hir dochteris equallie among them my haill abulziements, cabinets, trunks and saidillis with thair pertinents and furnitour." She assigns to her husband her whole rents in her tenants' hands at her decease, also " ane gold ring sett with a diamond of on ston thairin," with the rest of her furniture and goods. He is to pay the above legacies and also her debts. Dated at Edinburgh, 4th July 1648. 99. Order by the Committee of Privy Council met in the "West, requiring the Stewart Principal of the stewartry of Annandale to 44 convene the whole heritors within the stewartry to subscribe a bond, a copy of which the committee enclose. Ayr, 11 March 1678. [By the bond, the subscribers bind themselves that they, nor their families, nor tenants or cottars, nor their families shall attend conventicles ; and farther that they shall not resett or supply intercommuned ministers or vagrant preachers, under various pains and penalties.] 100. Commission by King James Seventh, appointing "William, Earl of Annandale, to be captain of that troop of horse lately commanded by the Earl of Airlie, in the regiment of horse of which Major General John Graham of Claverbouse is Colonel. Given at Whitehall, 18 October 1688. 101. Patent by King William the Third, because of the services rendered by William, Earl of Annandale, in the several eminent trusts wherein he has been employed by his Majesty, creating the said Earl of Annandale, Marquis of Annandale, Earl of Hartfell, &c. ; to him and to his heirs male whatsoever succeeding to him in his lands and estate. Dated at Kensington, 24th June 1701. Division II. — Correspondence. Section I.—Roijal Letters, 1536-1712. 102. Letter under the signet by King James the Fifth, directing the steward of Annandale to restore John Johnstone to the possession of the lands of Thorniflat which " he lies in maling of the communitie of Lochmabane," and from which he had been violently evicted by Robert Johnstone, Thomas Bektoun, and others, between terms and without due warning. He is therefore to be reinstated until next Whitsunday, or until he be legally put forth, and the steward is to hear the defence of both parties, and do them justice. Edinburgh, 12 July [1536J. 103. Letter by King James the Fifth to John Maitland of Auchingassel. The king understands that John Johnstone of that Ilk holds from Maitland " in maling " the lands of Branrig and Michel - slakkis in the sheriffdom of Dumfries, has possessed the same and paid his rent duly, but that now Maitland has warned him " to flit thairfra at this last Witsonday and tendis to put him fra the samyn without any fait," he being now in ward in the Castle of Dumbarton. For that cause, the king writes, " We mon defend him in his richtis and posses- sions sa lang as he remains in oure said ward, and to that effect we wrait to you richt effectuuslie to suffer the said Johne brouk his said maling peceabillie sa lang as he pais his malis and dewiteis thairof thankfullie to you,, and makis no fait, and specialie during the tyme of his remaning in our ward ; quhilk (as we ar informit) ye have disobeyit, quhairof we mervell gretlie, considering it wes nevir nor yit is the use and custome of our realme to put ony auld tenent furth of his maling sa lang as he pais his malis," &c. The king, therefore desires that Johnstone may be allowed to retain the lands " conforme to the said auld lovabill use and consuetude of our realme, observit and kepit in sic caissis in tymes bigane, and specialie sa lang as he remanis in oure said ward, and the erare for our saik and request, and do us singular emplesour, and will we do for jou or ony of your freindis in 45 ane far gretar mater and will have your erandis sped at our handis ■quhen ye require us thairwith." An answer in writing is requested Edinburgh, 28 June 1542. 104. Letters by King James the Fifth, stating that through the absence of Robert Lord Maxwell, and " infirmite " of Robert Maxwell, his son, the West Borders of the kingdom are " destitut of ane wardane and gydar," and therefore directing his sheriffs to charge John Johnstone of that Ilk, his kin and friends, to concur with and assist Robert, Master of Maxwell, in upholding the office of the warden and defence of the realme ; and during Robert Maxwell's " infirmite," the lieges in the West Borders are to obey and assist John Johnstone of that Ilk in defence of the kingdom, and upholding authority, under pain of death and confiscation. Edinburgh, 28 November 1542. (Signed) granting to John Johnstone of that Ilk, for " the gude, trew and thankfull service done and to be done " by him, their third of the Abbey of Saulsett [Soulseat] and parsonage of Lochmaben, to be uplifted by him to his own use, for the crops cf the years 1564 to 1568, and further according to the granters' will. At Edinburgh, 16 August 1565. (Signed) " Marie R. Henry R." 108. Remission to John Johnstone of that Ilk for intercommuning with and being in company with Archibald [eighth] Earl of Angus, and so contravening the proclamation thereanent : But in respect " the knawledge of the publication thairof come nocht to the said Johnne3 46 eiris " and for other causes, the king remits the offence and takes Johnstone under his protection. At Dalkeith, 13 June 1581. (Signed) " James R." 109. Letter by King James the Sixth and the Privy Council commanding John Johnstone of that Ilk, as Warden of the West Marches, to retain in his own hands " the hous, manis and landis of Torthorwald, quhilkis we meane alwayes sail remane in your handes for the better safetie of the countrie in cais of ony incursionis be innemys or thevis," and forbidding him to deliver the house to any person whomsoever, until further directions. At Stirling, 31 October 1583. Signed " James R." Also signed by some of the Council. 110. Commission by King James the Sixth, giving full power to John Johnstone of Greenhill " to levy and tak up one hundreth wageit men of weare for the advancement of oure authoritie and service, ower quhorne we mak and constitute the said Johnne capitane and com- mander, with power to him to caus stryke a drum in quhatsumevir part of our realme to this effect, and to elect and cheis all officiaris and memberis to the said cumpany neidfull, for quhome he salbe haldin to answer " : requiring also the lieges to concur with the said John in the execution of his commission. At Holyroodhouse, 15 May 1585. Signed by the king and two others. 111. Letters by King James the Sixth, requiring James Johnstone of that Ilk to retain in his own hands and custody the castle and fortalice of Lochmaben for the king's behoof, and not to remove himself or his servants therefrom, without express commands from the king's " awin mouth," all other charges to the contrary notwithstanding. At Burlie, 22 October 1588. Signed " James R." 112. Warrant by King James the Sixth to the Captain, Constable and keepers of the Castle of Edinburgh, to allow Sir James Johnstone of Dunskellie, knight, now in ward in said castle, " to pas hame to mak some guid meanes for inbringing and entrie of certane personis plegeis quhairwith he is burdynnit," and to receive him into ward again on his return, to remain until released by the king. At Hamilton, 24 August 1597. Signed " James R." 113. Contemporary copy of Warrant by King James the Sixth. Tor repression of " certein lewd people " who have committed " foule disorders " on the confines between England and Scotland, the king has appointed fifty horsemen of the garrison of Berwick and fifty others newly levied by the Laird of Johnstone to keep order on the West Marches, and these, in terms of a report from the Commissioners at Carlisle " by reason of the late spoylinge of the countrey, are not able to continewe in service without an augmentation of wagis * ; the king therefore gives order to pay to the Laird of Johnstone for his fifty, and to the fifty from Berwick, " an encrease of pay of viij d sterlinge by the daie above the ordenarye viij d accustomed to be allowed unto thame, so as the paye of eiche horse [man] maye be for the tyme of this service xvj d sterlinge," to begin on 10th April and last during the king's pleasure. And if the person addressed has not so much money, above what is required for the ordinary expenses at Berwick and on the Borders, he is to " laye out ,f of his own or to borrow money to meet the charge from time to time. At the Castle of Newark, 22 April 1603. 47 114. Contemporary copy of Letter by King James the Sixth to the Chancellor of Scotland and Lords of Session, referring to the " great prejudice which the Laird of Johnestoun may now in his younger yearis (possiblie) sustyne by the procurement of such as, seiking his ouerthraw and the ruine of his house, doe intend to take all advantages against him ; who (having bene in his verie enfancie, by his father's untymlie and treasonable murthour, enwraped in a multitud of such intricat affaires as his continuall troubles having once confused, did never permitt him in his owne tyme to outred) is as yett of such age as can not but deny him that sufficiency required for the better managing thereof; wherein his freindis help must be als littill expected, as it is other wayes promissed, by resoun of those of his fathers side their unworthiness dishabling them altogidder to assist or mentyne him in his good right, and of the mothers syde their unkyndnes, the con- tinuing effect of their soe long continued deadlie feidis, and shee being latlie maried to a stranger not hable (how willing soevir) to mentyne him from wrong." The king therefore desires to extend to the young Laird such portion of gracious favour as he has " evir extendit to all minors whose estait is by all lawis both devin and humane most favorable," and requires the Lords to take such steps as, according to the precedent of Earl Moray's affairs, may best preserve the minor in his nonage from civil pursuits against him. Dated at Royston. 21 October 1611. [A similar but briefer letter on the same day recommended [the Chancellor] to have a special care of Johnstone's " much to be pittied estait." These letters are the most important of a series on the same subject. The first, dated 14 November 1608, from Whitehall, simply stated the fact of the murder of Sir James Johnstone of Dunskellie, and desired the Lords in view of the " greit uncertaintye " of his affairs, to supersede all actions against the widow and orphan for a time, w f hile the second, dated 1st April 1610, warns Robert Johnstone of Raecleuch, tutor of Johnstone, that his dealings with the estate will be supervised by the Earl of Dunbar. The others are given above.] 115. Letter by King Charles the First to James Lord Johnstone, desiring him to see that Mr. George Buchanan, minister at Moffat, who " was put from his place and charge by the proceedings of the late pretended assemblie at Glasgow " is maintained in his place, and no other minister planted at that church. Berwick, 2 July 1639. [Another letter, dated 13 July 1639, forbids the Presbytery of Lochmaben and Middlebie to proceed further against Mr. George Buchanan, or to admit any other to his church, as they intend to do ; " whereat the king writes " wee cannot but mervaile, in respect weeh ave concluded to hold a generall assemblie the next month, where all persons of your calling against whom any cryme can be objected, are to be censured."] 116. A certified copy of the conditions of pardon offered by Queen Mary [wife of King William the Third] to William Earl of Annandale, C. 1690. Marie R. We doe allou Sir William Lockhart, our solicitor nou resident with us for Scots, to speak with William Earle of Annan- dall, and on our royall word to promis him a remission under the king's hand in the most ample form for all tresons and other cryms committed against ws, our persons and government ; the said earle allwayse perform- ing the conditions after mentioned upon which considerations only he is to be pardoned. 1. That William Earle of Annandall shall mak a fuU and free discoverie of all plots, tresons, contryvances, w 7 hich eather he was actualie concerned in, or cam anay other maner of way to his 48 knouledge, against the persons of the king and queen or the gover- nment. 2. That the said Earle of Annandall shall give the information desyred in wryting, specifying persons as well as things, of whatsomever degree or qualitie, who have in anay maner been accessorie to or guiltie of the above-mentioned cryms. 3. That William, Earle of Annandall, shall surrender himselfe to vSir William Lockhart,and shall not converse by word or Avryting, nor receive from anay person anay messadge in relation to the transactions he hath been in, or cryms he hath been guilty of, or had knouledge of against the goverment, but what he shall of his own accord mak knoun to the queen, and is thus to continou during her Majesty's plesur. And we doe declar and give our royall ■word that William Earle of Annandall shall never be used as evidance or witnes against anay person mentioned in the information we are to receave from him. (Initialed) M. R., while the copy is certified by the signature of Sir William Lockhart. 117. Instructions by King William the Third to William Earl of Annandale, appointed High Commissioner to the General Assembly of the Church of Scotland. These are for the most part formal and may be- summarised. (1.) He is to assure the Assembly of the king's main- tenance of Presbyterian Government in that church. (2.) Nothing is to be done against the royal prerogative ; or (3) treated of that is unfit for an ecclesiastical meeting. (4.) The planting of vacant churches is to be encouraged. (5.) You are to take care to prevent as much as possibly you can the turning out of their churches such of the Episcopal ministry as are qualified conform to the Act of Parliament. (6.) You are to encourage any inclinations you find in the A-Ssembly to assume to their government such of the ministers who preached under bishops and are qualied by law, whom they shall find to be pious and moderat men. (7.) Commissions are to be appointed for receiving such, planting churches, &c. (8, 9, & 10) are unimportant. At Kensington, 7 February 1701. Superscribed and initialled by the King. 118. Letter from the Earl of Annandale to King William the Third, ■acknowledging his Majesty's gracious favour in appointing him Com- missioner. He adds : " Endeavors are used to push the members off this Assemblie to assert the intrinsick power off the Church and that they should breake upon thiss. Itt comes the same way the opposition in parliament came. The members of the presbytrie of Hamilton and their associatts are those who presse itt ; butt I hope I may saiflie give your Majestie assurance that as they are engaged by there letter to wave all unseasonable questions, soe thiss will not obtain at thiss tyme, and in all there proceedings there shall appeare a dutifull and affectionatt regaird for your Majesties royall authoritie and government," &c. Also expressing his fidelity. [This is the original draft of the letter and is not signed or dated, but must have been written in February 1701.] William Earl (then Marquis) of Annandale was also appointed High Commissioner by Queen Anne, whose instructions to him are still in the Annandale Charter Chest, but they are almost exactly the same as those given above, the only additions refeiring to the " intrinsick power of the Church," which, though stated in the books of synods and pres- byteries, was not to be allowed to be declared publicly in the Assembly. These instructions are dated 9th March 1705 and 20th April 1711. 119. Letter, Sophia Electress of Hanover to William Marquis of Annandale, a friendly little epistle. " Gheur [Gohre], le 19 de Novembre 1712. My Lord, J'ay apris auec bien du plesir, que vous 49 auez este si satisfait tie la com- tie Berlin et tie celle tie Wolfenbutlel [Wolfenbuttel]. Je ne m'en scaurois tout a fait attribuer le merite puis que vous auez veu partout des personnes de disernement, qui out veu ce que vous vales, et que je leur ay (lit la verite. J'ay creu devoir vous randre ce petit service pour affection, que vous dites auoir pour moy et pour ma maison, n'aient point d'autres a vous faire voir que je suis, my lord, vostre tres affectionee a vous randre service. Sophie Electrice." " A Monsieur le Marquis d'Annondall, a Viene." Section II. — State and Official Letters, 1573-1696. 120. Letter, John [eighth] Lord Maxwell, Warden of the "West Marches, to the Laird of Johnstone [no date 1573-1578]. " Schir, I ressauit your letter sayand ye are informit I hafe tane ane servand of yourts. I hafe ressaint ane buik of the rebellis and fugytivis fra my lord regent grace, quhairof I hafe tane sex, bot E understand nane of thaim to be your servand. And geif ye had expressit the name of him ye allege to be your servand, I sould hafe send yow resonable ansuer thairof. And thus fair ye weill. Of Drumfres this Thurisday, (Signed) J hone L. Maxwell.'' 121. James, Fourth Earl of Morton [some time Regent], to Mar- garet Scott, wife of John Johnstone of that Ilk, who had written him about his reply to the offers by the Laird of Fairniehirst. He writes that when her letter came he was at Holy rood with the king and the offers were at Dalkeith. " Sa far as I can call to remembrance, thair wes sum of the offers quhilk I did lyke bot utheris that I mislykit, because they twitchit my servandis in sum landis quhilkis they have, that wer the Lard of Grangeis. Mary, the principal]: mater stride upoun my Lord of Angus consent and guidwill, quhilk I knaw not as yit gif the same be obtenit or not." The Earl, however, thinks the matter will sooner w be put to a poynt be commoning nor be writing," and before Lady Johnstone or her husband can come he hopes to peruse the offers and to give her 14 ane resolute ansuer." Dated at Holyroodhouse, 13 January 1579-80. Signed " Mortoun." 122. John Lord Hamilton (afterwards first Marquis), Lieutenant on the Borders, to James Johnstone of that Ilk, beginning " Albeit ye have in tymes bipast wsit yourselff to me and myne not according to your dewatie and ressoun," yet in obedience to the service and directions of the king [then in Denmark], he intimates that Justice courts were to be held at Drumfries and Jedburgh in January next. " Bot becaus Ave wald be laith that ether the cuntrie in generall, or ony uther particulair man in special], sould find thame trublit or grevit, quhair thair is not just occasioun," the writer desires the Laird to meet him at Peebles on 30th November instant to give his advice as to the keeping of peace and repression of offenders. Also the Laird is desired to cause two of " the princpallis of ilk branche " of his servants and dependants, that have been accustomed to act as sureties, to attend at the same place and time, that the Lieutenant "may understand the names of the plegeis presentlie lyand quhair thay remane, for quhome thay ly and quha sail interchange thame, namelie, for Jok of Kirkhill and Jok of the Howgill and thair gang ; Thome of Finglen and Niniane of Finglen ; Martin of Myreheid and David of Mylbank ; Edward of the Quais and Gibbe of Fairholme, and Andro of Tunergarth ; David sone to Wille of Brumell and young James Jok ; The reid Lairdis sone and Martine of Kilriggis ; The Laird of Newby ; Edward Irving of Boneschaw ; The Laird of J 935/50. /> 50 Esscheschellis ; Andro Johnnestoun of Locarby, Mungo Jolmnestoun of Locarby [and] Pait Moffat of Caminok." Edinburgh, 19 November 1589. Signed " J. Hamilton." [It is to be understood that the fore- going persons, except two, were Johnstones.] 123. William [tenth] Earl of Angus to Sir James Johnstone of Dunskellie. "Rycht trest friend, I resaifit your letter declairing that sume of the Couchwmes, utherwayes callit Johnstons, and their cum- pleiches to the number of sevine, hes cume leitlie to Middilgill and their hes raisit fyir and hes slaine young Mongo [Johnstone] of Lokarbie." But as the Earl is to go to the king he requests Johnstone " to use no rigour nor hostilitie ether in burning or slaing unto the tyme his Majestie and consall tek tryell in that mater," and after the Earl's return he will do what is expedient to punish the wrong done to Sir James and his friends, " In suspending your wreithe and leiffin off all violent reveng I dout nocht bot it salbe ane beginning of ane gretter quyett boyth to your freindis and self, and it will move his Majestie to be the mor favourable unto yow." The Earl then suggests that " Middilgill " should complain to him at Dalkeith. He asks the Laird for a list of foot thieves promised, who daily commit depredations. In a postscript he promises to put the " Cuchenis 99 to the horn or proclaim them outlaws. Douglas, 12 September [c 1592], Signed " V. D. Erll Angus." 124. John Spottiswood, Archbishop of St. Andrews, to Sir Gideon Murray of Elibank, Treasurer Depute, asking, inter alia, a " favour to ane of our St. Andrews men qho wes referrit to your lordship for beir bringing from Ingland. Thei cal him Alexander Law. His factor wes doun a yeiris since and, as he tellis me, much of that he broght wes dealt at the portis of Edinburgh, and wil acte himself never to doe the lyk under qhat panis your lordship sal pleise ; for qhom the captain and I wil becom sourities to your lordship. He is ane very honest man and hes mony children, qhiche movis me to intreat for him," &c. Signed " Sanctandrews." Dated at Leith, 27 November 1618. 125. Sir Robert Kerr (afterwards first Earl of Ancram) to James Johnstone of that Ilk. (t Sir, you are not deceived in your expectation of my kyndnes so far as I can availe yow, butt I am a weake prop to leane to, therefore, yow must not deceive your selff that way thogh I shall not faile to do all I can tor any thing that concerns yow agaynst all cummers. For your government of the Borders, I have estranged my selff from it long agoe, but now that you bid me, I will watch to see what furder I cane do yow, iff these projects cum to pass which are yet but chalked not clipt." After referring to the presence at Court of Johnstone's father-in-law and others, he comments on " Gawen of Beidhall " apparently one of Johnstone's dependents who was " sommerly handled." " But I have heard from those T trust very well it was his owne fault, that was so confident that he could not be fyld, when Mr. Lewis Steward came to plead for him, that he would take no warning to be gone out of the way. God Almyghty hath a hand in all those things and yow must not sett your harte nor your reputation at stake for that kynde of men, for I know them wele aneugh. Theye will not keip upp their hands, therfore lett them beare their owne burden, and looke to your more concerning busines, or ells for their sakes you will offend the kyng and make yourself? a pray to your ennemyes. There shall none of yours fall to the ground that I may saiffe, for I am a frend to all your frends ; butt the government of the world is altered and wyse men must take another 51 course. You ar young aneugh, and thogh many of meane degree have gott the start of yow, yett with pacience and industry yowmay cum well anenghe to your ends, &c. Signed S. Ko. Karr. Whitehall, 26 October 1629. In a postscript he refers to Johnstone's father-in-law and says : " iff he be kinde to yow be yow kinde to him, and break not easily such bonds as you are tyed in, that will make a warre at your owne fyirsyde, for your children are also his. Pick quarrels to no body much less to your friends, and be not jealous of them without seen cause ; rather be deceived.' , 126. William [seventh] Earl of Morton to James Johnstone of that Ilk. " Right Honorable — I am commandit to wait upon the Kings Majestie [Charles the First] at his first entrie to Scotland, what* it is necessar that I be accumpanied with a number of my noblest and best freinds. In this consideration I am bold to intrait you do me the honor to meit me upon the hill before Atoun neir to the bound rod upon Wednisday, the tualt of June, at aught a clok in the morning, accom- panied with a dussan or sixtein of your freinds or servandis in gukl equippage," &c. Signed « Morton." Dalkeith, 23 May [1633]. In a postscript he writes : " I intrait you caus som of your servants provyd som wyld foull for me, and what can be had, lat it be in Dalkeith upon Thuirsday the threttein of June, for the king is to be thar the day following." 127. Robert [Kerr], first Earl of. Ancram, to James Lord John- stone. Erom Court. 13 October 1633. Referring to a letter from Lord Johnstone, apparently soliciting his influence in procuring a step in the peerage, he says : " As for the matter, iff it were in my power you should not stay till yow were at the topp off honour, butt our maister is not of that humeur to do things so, butt must have tyme to be solicited and considder of matters, before he do them ; and it must be some new occasion and service donne by yourselff, wherto G-od may send the oportunity, that can moove his Majestie so soon after the first to make addition, wherin as God may send aground for you, you will industriously take it, 'and your frends may be also watching by all the means they can to promoove it to your satisfaction. In the meane tyme have a litle pacience and thank God it is as it is." Johnstone's other request, about the command in the Borders, is hindered by the great officers who do not desire that any man should have any such particular charge. " Butt iff complaynts cum thick to the king from the late Borders, I shall not faile to watch for yow, as yow have given me liberty by your lettre, which is lickly to be acceptable, iff it must be, to give itt to such as will serve for nothing but for honour and credit, rather then those who must be payd for it and do worse," &c. Signed " Ancrame." 128. Letter from Lord William Howard of Naworth (" Belted Will") to James Lord Johnstone. Naworth, December 9th, 1636. Formally intimating that the English Commissioners think it necessary to hold a gaol delivery at Carlisle on 12th January next, that Lord Johnstone may personally or otherwise prosecute any offenders there. 129. Sir Robert Grierson of Lag to James Lord Johnstone. Lag, 22 January 1639. He had just received his lordship's summons to be at the Kirk of Mouswald to hear the answer of his lordship's commission, 'and requiring him to advertise Drumlanrig and other well affected gentlemen. But, he writes, " the adverteisment being so schort and the waters so greit, I cowld get naine adverteisit cowld keep that dyet, for these gentillmen quho ar best effectit in owr schyr (I mem D 2 52 tlieis off Grleneairne, Tinrowne and Penpoimt) live sum aucht or ten millis aboiff'e me, so they cowld not be adverteisit to bie thair. As also we haiff ane meiting amongst ourselftis at the kirk off Oflencairne upon Thursday bie nyne off clok to sie how we can moiff the cuntrie men to by armis, quho are all as yit unprovydit and most unwilling to provyd them selffis." He, therefore, desires Lord Johnstone to send his answer in writing, or by one who would report it rightly, " it wald moiff the peopill most; for I did acquent them that your lordship and Jamis Crichtoune wald bring them the nobillmens ansuer in everi point, quhilk they expectid to heir thair selfis at your horn cuming." He would have answered Lord Johnstones summons in person, but must attend the other meeting and he begs to be excused. Signed " Lagg." 130. Contemporary Copy circular letter from the Committee of Estates to [the Committee of War for Dumfries-shire]. Falkirk, 15 Sep- tember 1648. The Committee " having found it necessarie, for preventing the greit evillis which threatne religoun, king and kingdome, through the persuance of that lait unhappie ingagement in England by the remander of the armie now returned and in armes in this kingdome, that forces be raised throughout the whole shy res to quench e the intestine combustion and preserve the union of both kingdomes according to the covenant," require 400 horse to be raised, with 360 footmen, to be at the army rendezvous on Saturday, 23 September instant, " the horse- men to be weill mounted and provydit with sufficient suordis and pistollis or lances, and the footemen to be armed with good suordis and tua pairt musquettis and thrid pairt pyks." To aid this levy the Lairds of Craigdarroch, Caitloch, Waninra, Arkillfcoun, and Grantoun, with Major Makburnie, are authorised to make the levy with power of quartering and distraining the goods of defaulters, for 400 merks for every horse, and £100 for every footman wanting of the number required. " But," the Estates write, " we doe expect that in such ane exigencie you will give reall testimonie of your affectioun to the caus and heartie endeavouris for the peice of the kingdome. The forces of the parlia- ment of England are come to the Bordouris, and now when these of the armie who entered in that lait ingadgernent and thair adherents are so active and diligent to disturbe the peice of this kingdome, and to infringe the union betuixt thir kingdomes, we ought to apply our cair and utmost power to improve all opportunities to the best advantage to witnes our desyre to suppres intestine insurrectioun and preserve our union with England." Those who fail in regard to this levy will be considered and proceeded against "as deserters of the caus and publict enemeis to the peace and weillfair of this church and kingdome," &c. 131. William Murray of Broughton to James [Johnstone] Earl of Hartfell. Broghtoun, 12th January 1653. As "the mad- ness of some foulishe bare younge men ar in all lyklie houd " to draw "inevitable mine" upon the shire, he sends his friend, James Law, to explain and to establish his own innocence of certain events. " Yester- night fourteen Englishe men on foot came to John Lawthers in Brochtoun, where they had no sooner taken up lodging then James Murray and another, whom I knew not, comeing after them to the same house thee Englishe retyred themselves to a litle stone house all night, to whom yesternight about eight of the clocke I directed my servant, Enoch, desiring him to aske them wherein they thought I could be usefull unto them, and if they pleased, that I would gather together some countrey people, with such clubbes and staves as they could gett, to wayte upon them wherewith they seemed to bee very well satisfy ed. But this 53 morning by day light they sett forewnrd on their journey, when immediatly Mere discovered these two skouting out on a hill head ; and within a half of an houre there appeared five more, who instantly galloped altogether after the poore men ; but doe my men what they could to disswade them, showeing the danger the[y] would bring there freinds in, there was noe stayeing of them. While I am a writting this relation to yow, one is presently come to mee who showes mee that they spoake with them and suffered them to passe on quyetly because (as they said) they had lodged in my boundis ; but I think the treuth is, onely because they found they were but an inconsiderable preye." He asks Lord Hartfell to do what will be most for his (the writer's) good. Signed "Wm. Murray." In a postscript he says he is now truly informed " that these foolish men hes hurt one of those poor men, and fearing least it may prove dangerous " he desires the Earl to act speedily so that he (Murray) " may lie in no hazard from it." 1,32. Letter. Captain John Grirnsditch (or Grymesdyck) to the Committee [of War] of the County of Nithsdale. Dumfries, 15 No- vember 1654. He desires them, through " the corronett," to order " a convenient locality, at a reasonable distance, not exceeding 12 miles from the garrison for foure score horse " ; while for his company of foot now in town, he requests they will hasten their " warrants for convenient localityes for fyir and candle." Signed " J. Grymesdyck." [There are one or two other letters of the Commonwealth period, including a vindi- cation sent by James second earl of Hartfell, to General George Monck, denying certain allegations of correspondence with Lord Selkirk then in rebellion, of date 15 November 1654, but none of them are of special importance.] 133. Letter from an unknown writer and without address, dated from London, 27 February 1682-3. The writer has "an eminent matter to wryt " as follows: — "One Albert Sheldon (for so tis said he calls himself), notorious enowgh here, haveing latly come from Trance to flye (as he pretended) the persecutione of the Protestants there, and having stayed some time here under that notioneand received the ordinary part of the contrabutions in the French Church as such, on Saturday last came to his Grace the Duke of Ormond and made his discovery to this purpose. — That he was a Frenchman by birth but by blood an Englishman, his parents both being of that nation." He was about the French Court for a time, in the service of Monsr. Colbert, and then in that of Monsr. Louvoy, who, " finding him of an accut witt and pregnant braine," one day " told Mm that he was resolved to send him for England, and that under clock of religion too, for he most feigne himself a protestant (notwithstanding his educatione was popish), and under that pretence work his designes in England, &c." Having said he spoke English well, he was sworn to secresy, promised a reward, and had an interview with the king at Versailles, where he received instructions. Under pretence of persecution he was to lt insinuat himself into the company and secrets both of cowrt and cowntrie, takeing to his assistance another distrest protestant named Jaen d Luz, a notorius Jesuit, with whose help he should not faill once a w r eek to give an account of all quhat passed. That whill the one wer att cowrt, the other should be in the cowntrie, surveyeing the places of strength, takeing notice of the power of the garisones and quhat places were fittest for his Majesties behove in makeing an invasione ; and that likewise he had sent two of the only mathamaticiens in France to survey the cowntrie of Ireland, where he wold make his first attempt, haveing tlier the hearts and promises of the peopell to assist him and stand by him for the re-establishing of religion. That then, his Majestie had in all his ports readie sufficient shiping for such a designe, who wer given outt for the warrs against Algeirs and who wold bee ready upon his notice given to work their intended designe." For this he was to be made an Irish Earl or a French Count, with a suitable estate. He was then sent with money to England, where shortly afterwards seven others were sent " who wer in the kingdome of Ireland whill he remaned about cowrt to give informatione to both hands of quhat passed." He had now been there several weeks, and he produced letters under Colbert and Louvoy's hands, and declared " that now the French king was ready to put to sea, and if not prevented it would work the utter ruin of Ireland, the natives and the French king haveing agreed to expell the English and Scots out of that kingdome, quhich they resolved to do by the midle of Aprill." The writer adds this is only a part of what is divulged, but that the king and council treated the matter slightly, though they gave orders to reinforce the garrisons in Ireland. People in London " are in great consternatione seeing eminent ruine aprocheing and no measures taken to prevent it," &c. 134. Letter by William [second] Earl of Annan dale to Lord Chan- cellor. Dumfries, 29 June 1688. The Earl intimates that the justices of peace, freeholders, and heritors of the shire of Dumfries and stewartrie of Annandale had that day " con veined with a cheirfull readines to contribute evin ther outmost endeavores in his Majesties service floweing from the clear convictiones of these happy inflowences they owe to his Majesties most benigne reign." They had called to sit with them Mr. George Campbell, Mr. Francis Irving, and Mr. William Macmillan, indulged preachers, who, however, excused themselves by a petition enclosed. The meeting then formed itself into a committee of twenty, five for each of the four presbyteries, Dumfries, Penpunt, Loch- maben, and Middlebie ; and after conference " they all unanimously declaired that they knew not of any persone within the said shyre or stewertrie or elswher, that was present at that late rebellious assassina- tione within the shyre of Air, soe far are they from having resett any of them." Further, they knew of no others who had reset these or any other rebels, nor assisted them, nor did they know of any held conventicles held in the bounds, or any who attended them, " and for the humor and temper of the people they judged them to ther opinion peacible and the peace of the countrey secure." In this all the other heritors agreed, but James Johnstone of Corhead stated " that two fellowes of the surname of Reidford his own tennents in the roume called the Park, in the paroch of , were justly suspected in haunting feild conventicles (supposed to be keeped some place about Craufurdmure in Cliddsdaill) by reasone they were soraetyme knoun to be a considerable tyme absent from their oun housses at once." Of this intimation was sent to the officer commanding at Dumfries with a request for their apprehension. Signed by the Earl in name of the other heritors. [The petition by the ministers craves exemption on religious grounds and the example of the Apostles from mixing in secular affairs and sitting and advising with the heritors.] 135. Military Order by Major-Generai Hugh Mackay, addressed to the Officer commanding Colonel Langton's regiment of horse at Carlisle, requiring him to place twenty-five or thirty horse at the service of the Earl of Annandale, to be under the Earl's orders for the King's service and securing the peace of the Borders. Elgin, 8 May, 1689. Signed " EE. Mackay." 55 136. Contemporary Copy Missive. — The Highland Chiefs to Major- General Mack ay. Birss, 17 August 1689. They had received his from Strathbogie, and they saw he had written to Brigadier Cannon from Perth (St. Johnstoune) " to which he gave a civill returne, for by telling that yow support yourselves by fictiones and stories (is a thing knowen all the world over) is no raHeing. . . . Instaide of telling us what Christians, men of honour, good subjects and good neighbours ought to doe, yow tell us in both your letters that his Majestie [King James] hath hott warres in Ireland and cannot in haist come to us, which though it wer true as we know it is - not, is only arie argument from safety and interest. And that yow may know the sentiments of men of honour, we declaire to yow and all the world, wee scorne your usurper and the indemnities of his government ; and to saive your further trowble by your frequent invitationes, wee assure you that wee ar satisfied our king take his owne tyme and way to manage his doniiniones and punish his rebells ; and although he should send no assistance to us at all, wee will all dye with our swords in our hands before we faile in our loyalty and sworne allegiance to our soveraigne." After an unimportant clause they add thanks for the good meaning of his invitation, and will endeavour to requite it. Those of them " who live in islands have alreadie seen and defyed the Prince of Orange his friggots." They sign " A. McLeane, Alexr. M'Lean, Sir Ewin Cameron of Lochzeald, John Cameron, Donnald McDonnald, John Farquharson, John Grant of Balndallach, A. M'Lean of Lochbuy, Patrick Stewart of Bellachen, D. McDonnald, Banbecula, R. McNeill of Barra, J. McNaughten, Alexander McDonald, D. McNeill, A. Macknaughten, Rorie McDonnald, James McDonnald. 137. Letter. Sir John Dalrymple, afterwards first Earl of Stair, to Sir Thomas Livingstone, Commander-in-Chief in Scotland. London, 28 April 1691. He refers to a promise by the king to send down some ammunition, &c, and also to the difficulty of filling the post of Lieutenant-Governor of Inverlochy. He then says : " The King is informed yow intend to send a considerable detached party to join with som from Colonel Hill of the garison of Inuerlochy to attaque the Hylanders who ar at present quiett. I told his Majesty I had no insinuation of that from yow. He ordered me to writt to yow not to medle with them at present, so long- as they uer quiett, for yow know how litle the treasury can spair for any utrick or incident charges, in caice they should draw to a con- siderable body and oblige our army to com togither to observ them or reduce them." He further refers to the punishment of defaulting soldiers by a "martiall court," and that the king desired strict discipline to be kept. Signed " Jo. Dalrymple." 138. The Same to the Same. London, May 4, 1691. He refers to some disagreement between the King and a committee of the Privy Council, and expresses confidence in Livingstone's qualifications and affection for the king's service, but if he do not apprise the king other- wise, it is presumed he agrees with the Council of which he is a member. " The king inclines extreamly to oversee bypast faults and not to fright any considerable party of men from comming softly to ther deuty and his obedience. Its plain yow ar in condition to raise the Hylanders who ar at present quiett and to giv them a pretext to fall down in bodys and cary catell from the Lowlands now when ther grass is up to sustean them ; bot uhither yow ar in condition to supress them and hav mony, amunition and vivers to maintain the army if brought together, that yow knou best ; and if ue may trust the accounts cam laitly from yow, tlier is no fonds either of mony or provisions for the month or amunition in the kingdom, not to speak cf the inconveniency to fore thes laules people to call help from abroad. If it pleas God to giv success to the projects now on foot to straitn Franc, then mor may be thought fitt to attempt upon the Hylanders, uhen the amunition yow expect som months henc can be with yow." He then diverges into generalities about the troops, &c. 139. The Same to the Same. London, May 6, 1691. He begins by a reference to " that misfortun of my Lord i\ ewbatle," which may prevent his continuing in his post, and remarks on the consequent changes in the regiment. Lord Belhaven " thinks he was neglected in the last modelling of the troopes and he believes he aught not to own a troop of dragoons but wold hav it givin to his son," but this will be difficult to obtain. " The wind hath bein cross bot the three frigotts ar gon towards yow. Consider uhither it will be best that the Hylanders be not medled with, bot that the Ilanders may be brought to obedienc by the help of the ships, or uhither they be all of a peice so as sturing any puts all in commotion, in uhich caice the king will not allow them to be medle with. 1 shall indevour to knou his pieasur uhither the ilands may be touched by a party put aboard the frigotts or not, and I will expect to hear from yow uhither that may ingadg all the clans to draw to arms. That depends so much on the circum- stances that on at distanc can not make any sur judgment of it. I hav reason to believ Colonel Hill apprehends it may hav ill consequences, bot you may knou it better." 140. Sir William Hamilton of Whitelaw to William Earl of Annandale. 9th July 1691. He had not written on Tuesday, as it was also post night for Holland. " The Bass stands out, and it is thought that four men who stayed about that coast severall weeks and were severall tymes in Gairltounes house went in with his boat to the Bass, for both they and the boat hes been a missing since. Some of them spoke French and some Englishe. He payed their charges and the expenss of their loidgeing and dyet the night before the Bass was surprysed. Grairletown is in prisone, but will confess nothing. There did not land 4 ships in the Isle of Sky, but on merchant ship with flowre, brandie, a few barrolls of powder in the isle of Donallin, and the provision putt in the Earl of Seaforth's house. Collonel Hill [Commandant at Fort William] wryts that litle supplie and the Earl of Broadalbanes his negotiating hinders severalls to come under oathes to the governement." Sir Thomas Livingstone is to march in a few days. " A frigot sent downe to cruise upon the Scots coasts went in to the mouth of Clyde and troubled the merchant ships, and did not follow or wait on the French capers when advertised. It has been recalled by the queen." The queen has also reprieved McMillan, the smith, who killed the laird of Bargaton. The council have ordered the magistrates of Inverness to carry out their commission appointing a minister whom the i( disaifected " would not allow to preach. " Sir William Lockhart will not suffer the kirk to have an agent," &c. Signed a Wil. Hamilton." The Earl of Perth is to be transported from Stirling to Dalkeith and put on his parole, " untill he would gett the Earl of Wigtoun and his brother out of France," but he is not likely to accept the conditions. 141. Letter, without signature or address, with news from Ireland. 14 July 1691. " My Lord, The takeing of Athlone came on Sunday 57 7 night, so the then next Mundays Gazett would be with \ou so soon as I could write, since the certainty of Smyrna fleets arrival was never come till last night ; and this morning the Lord Justice Porter and Lord Chancellour there, by his letter of the 9th instant, gives a full account of the Smyrna fleets safety at Kinsaile and that it intends straight for this river. He also writtes that the packet boats and other vessells that arryved at Dublin Bay declare they hard at sea, on the 7th and 8th instant great shooting and broadsydes, believed to be the engadgement of the two royall fleets of England and France. God give us success; and its hoped the 20 men of warr, the convoy of the Smyrna fleet, with the whole seamen of that fleet, will come seasonablie to reinforce our navy, tho its hoped they would not need their help. Our kings army at Athlon on the 5th instant, encamped 6 myles (half way towards the Irish Camp, and that our Generall, Ginkle, had prepared all things for a field battle, quhich he was resolved to offer if they would accept of it ; if refused, therafter he knew the countenance of the enemy, their resolutions and the posture they were in, he would call a councill of warr and accordingly proceed either to force their entrenchments or go on to Gallow as they have cause. God direct and prosper them. Its said the Spainish ambassadour here hath got letters bearing that the Land-Grave of Hess, with 30,000 men have invested Charleville very opportunly ; the most of its garison was put into Dinant. There are also letters from Ireland say that Galloway [Galway] is capitulating with our generall. Our king, the king of Spaine, the States Generall and the princes of Germany have repre- sented to the emperour of Germany the necessity of making a peace with the Turks at so favourable a juncture ; and to inforce his application they have expressly told the ,emperour that if he slights or loses this opportunity they will forsake him by withdrawing all their forces in Hungary, and will doe for themselves, &c." 142. Sir William Hamilton of Whitelaw to William Earl of Annandale. 30 July 1691. The Earl of Perth is out of prison on his parole, and giving bail. Three conforming ministers have been received by the Commission of the kirk with 9 or 10 in other places. " I can learne nothing of the two fleets of war. The privateers from Dunkirk burned a gentillmans house of Northumberland." The Council of Scotland sent a boat after the privateers to discover their whereabouts. " They stole out of Dunkirk ; some shipps are after them," &c. 143. Letter, unsigned, to William Earl of Annandale. 1st August 1691. General Ginkle has put three regiments into Galway, 4,000 of the Irish there having marched to " Lymbrick," and the king's army is on their way to " Lymbrick," Sarsfield and his troops being there. " The Dutch maile is also come ; both the armies continued as befor, but that Generall Flyming and the troops of Leidge wer joyned or very near our king's army . . . the next morning our king was to decampe or to attacque the enemy (the first is rather beleeved than the last). Monsieur Cattinat hath repassed the Poe. Its confirmed the Prince of Savoy fell on his rear. . . . Great differences are on foot amongst the Turkes, some being for a third brother (Achmatt I thinke they call him), while the military men are for the nephew to be made emperor. . . . Lord Dartmouth is in the Tower, Captain Crone absents himselfe and the Barbadoes fleet is certainly taken by the French with their convoy, as the French privateer (that is taken) sayes. An express from Scotland this morning signifyes the Highlanders 58 have brock the truce." [The Earl of Annandale was at Bath at this time.] 144. Letter, unsigned, to the Earl of Annandale (still at Bath). 3 August 1691. . . . We have account from Scotland that the Master of Stair [Sir John Dairy mple] has wrott to Sir Thomas Livingstone . . that the king expects he marched and encamped the forces near the border of the Highlands, and does now require him to continue them till furder orders, but they are not march t as yet. . . The king being resolvd to fight the enemy in Flanders did sitt some time under a tree when he was vewing them, and within less than two minutes after he rose, a canon ball shot from the enemies camp lighted where he had been sitting. The wagons for the artilery being togither wherof each contain'd a barrell of powder and 25 bombs, 2 bombs were tired which made a great noise, and a kindled match was found in the third bomb, but some stout fellowes drew the wagon from amongst the rest and quenched the bomb. Ther was great hazard that the wholl ammunition and bombs . . had bein lost and so the artilery made useless. 145. Sir William Hamilton of Whitelaw to William Earl of Annandale. 6th August [1691]. . . " Your lordship had accompt that Stewart of Appines men being wounded by one of Colonell Hill's men, who were bringing some provision to the gariesone of Fort William, upon a private scuffill or quarrell, Appine followed Hills men with two birleines full of armed men, brought Hills souldier who gave the wounds and comitted some other small abuses, and thereupon wrot to Colonell Hill that he would keep his man untill he got satisfaction. After some letters past back and forward, Colonell Hill; sent a partie of 400 men with his Major, and brought away his owne man, the Laird of Appine and severall other gentillmen, and brought them prisoners to Fort William." They were ordered to Glasgow, but will be put to liberty. The Duke of Leinster, having a commission as Commander-in-Chief of the forces in Scotland, sent (by the queen's direction) an order to Sir Thomas Livingstone not to march nor encamp the troops near the Highlands. This was partly the result of the Earl of Breadalbanes negotiations with the Highlanders. " Navele Payne hes the libertie of the castle as other prisoners by the councells order. The bischop of Glasgow to goe under guard to Collington to see his lady who is sick, and no herring boats must goe w ithin a myle and a halfe of the Bass." 146. Letter, unsigned, but apparently from Alexander Johnstone, brother of Secretary Johnstone, to William Earl of Annandale at Bath. 7th August 1691. " My Lord. — The letters from Flanders say that the Duke of Luxcm- burgh decamped after our king did the like. Soe both the armyes were not only in sight of each other but in a maner there was noe distance. This cawsed our king to resolve to attacque them next morning. Accordingly all things were ordered, but the day appearing, our king found a river, denies, morrasses, tuixt the two armyes. Soe he fund it not advisable to venture a battle on such uneven tearms. The Duke of Luxemburgh hath since encamped soe advantageously that both he hath abundance of all sorts of supplyes, and alsoc he covers Mons Dinant, &c, which makes me think there will be no batle there this season." He refers to the sudden or accidental firing of the two bombs — "some letters say they found a lighted match near the place and that two persons were seized on suspition of treachery .... 59 The letters from Dublin this day say that our armyc with all their battering eannon bombs would be before Limerick on Wensday last. God give them success. The Irish have destroyed all the forrage near Limerick. I doe not yet find they are inclinable to submitt on the tearmes Gallaway gotte, which I look as an infatuation on that bigott people." Stewart of Appin and the others taken by Colonel Hill arc to be liberated. Captain Cron absconds. " Sir C. Shovell hath stranded a French frigott near Brest. We have lost an East India ship in India. Two French ships hapned near ; they killed the poor creatures as they were swimming to them for shelter — a barbarous inhumanity." 147. Alexander Johnstone [formerly named] to the Earl of Annandale, 25 October 1692. ... I doubt not you have beared of my Lords Tarbett and Broadalbions suddaine journey to court, wherein it seems they made more haste than speed, for on Saturday the king commanded them back againe without giving them a moment to speake one word for themselves. . . . Their notice of the prohibition before they left Edinburgh is so clearly proved by writt and witnesses, that its undenyable. These lords returne thus is the least misfortune that hath befallen them. ... At first on their arrivall they declared to the queen on their words of honour, that they knew nothing of the prohibition, whereupon they kissed the queens hands, but before the king arrived the full proofe of their knowledge of it was come, which the king seeing undenyable it turned the ballance to their shame. . . . 148. Letter, unsigned, but apparently from John Fairholme of Craigiehall to [his son-in-law] William Earl of Annandale. West- minster, 1st December 1692. " My dear Lord, ... I doe assure yow none of us hes anie pleasure in our stay heir, and had beene at home ere now, if we had not judged it verie prejudiciall to your bussines to a pairted contrair to your freinds will and expresse desyre, for we pressed it severall tymes till he wes uneasie with us. On Tuesday quhen we were with him and wold have spok at lenth, he intreated we wold forbear till the end of this week, and against then he said we wold see how affairs went, for thair wes great things on the wheeles, and that he wes goeing to Kensinton with a great manie papers being neir a close of his waiting and his head full of bussines. He, his brother, and his men this moneth bygone hes beene wryting e verie day betuixt 4 and 5 in the morneing, and just now we hear he hes not now at 7, put on his cloathes. We will call tomorrow to him and will be glad to get our dimittimus. I beleeve he hes a hand in all things now of consequence, and rises daylie. . . . Lies [Lockhart of Lee, &c] brother wes promised Dumbarton Castle, and yesterday the king told the AB. C. [Archbishop of Canterbury ?] his freind that he would doe it, but that it wold be uneasie to him because he now neided men of experience and trustie, but that if he pleased he wold do it ; quhairupon the other past from it and wold not suffer it to be done. Thair is great grumbleing at this." [The rest of the letter is parlia- mentary news, not important. Secretary Johnstone seems to be the person referred to in the first paragraph quoted.] 149. Alexander Johnstone to the Earl of Annandale. White- hall, 2 February 1692-3. Announcing "The prize is wone. The tyde is turned." The king had settled the town of Edinburgh's affair " in a healing manner." That Sir P. Morray and Sir W. Lockhart are out of office, and Duke Hamilton presides in the Chancellor's absence. The Earl also is now a Privy Councillor and an Extraordinary Lord of 60 Session, an earnest, lie hopes, of advantages to follow. He advises the Earl to " hasten to Edinburgh to take possession of these posts in soe criticall a time, to keip the ballance even, and by your diligence not only ingratiate with the king but alsoe make your self'e usefull, if not necessary to the government for the future," &c. [On 8 February 1693, Lord Chancellor Tweeddale wrote to the Earl intimating his appointment as a Privy Councillor and desiring him to attend at his " convenience."] 150. Alexander Johnstone to the Earl of Annandale. Whitehall, 28 February 1692-3. Chiefly about Stapleton and Stanke, apparently two Jacobite agents, whom he wished the Earl to apprehend. He thinks that Stapleton has returned to London, while their servants have gone forwards " on travelling horses. If they can be catched with their papers it wowld be a great peice of service, and wowld be very seasonable at your entring into the government. Your owne zeale will prompt yoAv to have it done. Its apparent that the Jacobits make use of Scotch toolls finding them indigent and capable and ready. My Lord Cheif Justice says, that he hath examined many men, but never fouud such cunning, artificiall answers as he inett with from Johnston, the foresaids confederate. He is to be tryed in the king's bench next tearme," &c. 151. Note of a quarrel between the Archbishop of Canterbury [Dr. John Tillotson] and the Master of Stair. Circa July 1693. " The Archbishop says that the Master of Stairs came to him with a writen copy of the Church act in his hands, and told him that by it the Episcopall clergie were requyred to own presbitrie to be the only government of the church. The archbishop said that was not possible. The other affirmed it. The archbishop desired him to repeat the words once or twice which he did. Sure, said the archbishop ther must be some restriction as of this nation, or such like. He answered that ther was no restriction at all. The archbishop said he could hardly believe it, but if it was so it was rather an act of exclusion than of comprehension. Since, the archbishop getting a true copy of the act, challenged the Master of Stair of having imposed on him. At first the master endeavoured to deny what he had said, No, sir, said the arch- bishop, I am not a man to be used so ; you did say it over and over again, for I made you repeat it to be sure of it. Then the master owned that he had said it and endeavoured to excuse the thing." The Bishop of Salisbury by the archbishop's desire told the queen, and the archbishop also complained to her and " will writ to Flanders to disabuse the king." For the Master of Stair had reported that the archbishop called the act an act of exclusion " which the king, knowing the archbishops moderation and temper in speaking, concluded to be so. This it seems has given a wrong turn to all Scots bussines. It is said the archbishop has forbid the master his house. Its very like, for he resents the thing highly and publishes it." 152. James Johnstone, Secretary of State for Scotland, to the Earl of Annandale. London, 29 July 1693. After some generalities, he says : " The archbishop spares not my colleague neither to the queen nor to others for the trick he put on him. That hath wrongd all our bussinesse, but the archbishop will now writ and disabuse the king. The stop to our new levies makes a great noise here, and unlesse remedied will make a great noise, too, in the parliament here next winter. Our fleet on Sunday last was 40 leagues beyond Ushant. Their orders are to find the French if they can." 61 153. The Same to the Same. London, 24 August 1698. " My Lord, . . . S* Brigide is taken. If Pignerol follow, it will be a great blow. The parliament is adjourned till January. The duke [of Hamilton] has leave to come up ; there is a prohibition for others . . . There will be noe assembly till the king be here himself, nor till then will he doe any thing in our bussinesse that he can shun. . . . There will be great changes here. The whig party in the city by lending and adressing so seasonably have restored matters here," &c. [On 31 August, the Secretary wrote that the siege of Pignerol had been given up, and he expects the king over towards the end of next month. He adds : " I doubt not but my Lord Sunderland will be the man this winter, and its like the change will be not only of men but of measures," &c] 154. The Same to the Same. London, 19th October 1693. . . . " The wind hinders the king. The duke [of Hamilton] receives great compliments upon our proceedings last session, and to show that it is not barn compliment, men of the greatest figure here have assured him that they will push here for the same methods, without which they doe not thinck the present government can hold out. Thus he is much confirmed and sure he's the fairest foundation to build upon that a man can desire. This puts him in good humour, but we have not been upon particulars. I pray him to have patience. The case of this nation and ours is the same. If they here cannot prevaill, we shall never doe it, and if they doe it we shall have an easy pull of it." [In a P.S. he adds : " I am glad your pardon is passed."] 155. Alexander Johnstone to the Earl of Annandale. 21 Octo- ber 1693. " My Lord, I expected an opportunity of a flying packett for your snuffs conveyance, but the crossness of the wind hindered the kings coming which would have given it. Your councell measures are more changeable than the wind, other wise our king had been here these three weeks agoe. Such unaccountable wavering steps expose the government and reflect on the administration, clearly showing that it's all a strugle and wrestling twixt the two grand interests. I hope speedily to say that these things will not please. The French fleett is come safe to Brest. The affaire of our peaceble three admiralls is delayed till Monday next and I beleive till the king comes, if not till the house of commons cognosce it. I know not whether that honourable house will be of soe calm and quyett a temper as these three peaceable worthy gentlemen were of all this campaigne, I mean as to them," &c. [In a P.S. " Receive the snuff — two ounces — from the Cokoe tree."] 156. William Earl op Annandale to James Johnstone, Secre- tary of State. A draft, dated 23 October 1693. Requesting that he might be allowed to sit as an extraordinary Lord of Session. It will be " a mighty advantage to me . . . becaus my own affairs reqwire my attendance at Edinburgh, and I will endeavour to acqwitt myselfe soe as my friends may have no shame off me, and that I may in some measure be useful 1 to my selfe," &c. [Written from Loch- wood, where the Earl says he had been for two months dealing with his own affairs. In a letter dated 31 October 1693, also to the Secretary, he says : " I resolve in a week or ten days to be att Edinburgh and will attend the session closs, for such ane occasion off iinprovment I will nott neglect." He also reminds the Secretary about his countess for whom he desired a post as lady-in-waiting on Queen Mary.] 62 157. Letter (draft), William Earl of Annandale to [address wanting, but probably] James Johnstone, Secretary. Edinburgh, 2 December 1693. " The adjournment off the Assemblie was no greatt surprize to annie, nay, I beleve, nott to the ministers themselves, att least, the discret and intelligent pairt off them, which I am confident they will all confirme by dutif'ullie submitting and acqwiessing to itt. I need say nothing of the foolish protest wee had against the proclamation. The journalls off councill and other accounts will informe you fullie off itt ; soe as you may see itt wes a drunken madd business, without annie other foundation, and iff itt makes annie noise with you, itt is withoutt ground. Wee are full hear off greatt differences betwixt his^Grace [probably Hamilton] and you, no less then muttuall accusation to the king off each other." He thinks this is a foolish story invented by the Jacobites and their friends, but begs the Secretary to beware lest it " may resolve in a prophesie," when the king comes to deal with Scottish affairs, &c. 158. William Earl of Annandale to [address wanting], A draft dated Edinburgh, 16 December 1693. He regrets the measure taken by the king as to the levies. " His Majestie might have pleased himselfe and sattisfied the cuntrey by ordering the levies to goe on under honest men, aud then made his draught for recruits, which wold nott have been considered soe directlie to invert the designe off the parliament; but I wish people who advise him thus may have good designs, both toward his interest and government. Butt this I must say, considering all things, itt looks to be the wrong way to work, and butt a verie ill omen off other matters. God knowes I say this verrie disinterestdlie and with good thoghts both to my king and cuntrey, which I will ever maintain so long as breath is in me ; for goe matters as they will, I shall ever be firme to him to the last." He does not know what Hamilton has done in this matter, and he hopes Lord Carmichnel will act " ane ingenuus and honest pairt." " For reallie, this I must say, that unless there be a stopp to the carreer off the kings enemies heare, those who are his freinds will in a short tyme, not be in a condition to esspouse his interest publicklie, nor for anny thing I kno, to live qwietlie upon there oun. And allow me to tell you freelie, that the mal treatment the commissairs meett with proceeds evidently froinrnothing else butt picque, prejudice and malice, because they were willing to serve the king, cuntrey and forces, att ane easier rate than the five pence men, who are knouen to be devotted and sworne friends to King James and his interest ; and the designe is obvious to wearie them outt off itt, soe as the five pence men may enhance itt. I doubt not youl have by this post a double off the circular letters which hes been sent aboutt to all the sheriffs where the forces lye. I leave itt to your consideration, butt I think it ane odd way off proceeding and not the best off service for annie to raise dust, or to creat a missunderstanding betwixt the cuntrey and the kings forces, and wee kno nott what may be the consequence," &c. 159. Alexander Johnstone, brother of the Secretary, to the Earl of Annandale. 9th January 1693-4. He expresses grief at the death of the Earl's father-in-law, John Fairholme of Craigiehall, and refers to an indisposition of the Duke of Hamilton. " Sir James Montgomery of Skelmorley was seized this morning by a warrant from Secretary Trenchard. The way of his taking is variously represented, but that which is most beleived is that it was accedentall, for the messengers knew him not for se derail houres while in there custody, 63 till Mr. Vernon, the under Secretary, was sent for to see the person who imediatly knew him, Mr. Vernon having been Secretary to the Duke of Monmouth at Bothelbridge. I desire to lay my hand on my mouth, neither excusing nor accusing him till I see the result of this surprizing providence. I doe beleive he now hath in his hands a faire oppor- tunity forced upon him to save himselfe, his family and fortune and the honest loyall interest in these 3 kingdoms, especially in Scotland, if he deall ingenuously, by which it may be known who are the clean or the uneleane," &c. 160. The Same to the Same. Whitehall, 15 February 1693-4. He is glad that Lord Carmichael, the lord justice-clerk and others have given the king an account of the Earl's " zeale and serviceableness in the government . . . When your lordship took Stanke it was represented to the king and queen and it did yow good." He offers now another and " farr greater opportunity " to shew zeal and activity. u Its thus — -Captain James Murray, Stenhops sone or brother, and one of the witnesses against Kilsyth, is very latly come from France full fraughted Avith all instructions, intreagues and misteryes of the French and late kings courts and their ministers against this government." Murray had already narrowly escaped capture and is gone to the north of England, especially to the house in Northumberland of Colonel Graham, Lord Preston's brother, while he may be found by the Earl sheltering in the Scottish Border. The writer adds : " His taking at this time would be the most seasonable and acceptable peice of service to their Majestys and the publick good at this juncture that can possibly happen in your or my life time, there is soe much weight depends on it, both as to English and Scotch affaires ; and if yow think it adviseable that Captain Johnstoune be trusted in the management of it, his circumstances giving a faire colour for his lurking about the Borders, or any other yow please. I have noe other designe but their Majestys service and raising yow up to be the envye of your enimyes and satisfaction of your friends." 161. William Earl of Annandale to Secretary Johnstone. Edinburgh, 15 March 1694. (Draft) . . . "Wee heare all our countrey men have either parted or are to part soon from London. I wish they were well heare with all my heart for they be uneasie eneugh heare, yett they cannott doe soe much hurt as in appearance they have done with you, since it seemes throw there means wee are to expect alt this tyme noe rectification either as to men or measures. I wish to God, by this delay the interest off the King and off all honest men may not suffer, and iff soe, trewlie I shall be the less concerned. Our councill heare are verrie unanimous and carrie all matters with an high .hand. Mellvills whole familie are struck in as to all intents and purposes with Earl off Linlithgou and the rest of your neighbours friends, soe that heare is a flrme friendship and confederacie both in councill and thresaurie ; and unless itt be my Lord Pollwart and I and one or two more, there is nott one to say itt is wrong they doe in aftnie thing. Wee have, indeed the assistance of Sir Thomas Livingston. . . , I must tell yow and can make itt appear that iff there be annie thing done for the necessarie securittie off king and cuntrey, itt is altogither forced work, and with no small strigle and wrangling." That any obedience was given to the king's letter for putting in execution the laws " for securittie of the government, mett with opposition eneugh publicklie in the councill, for both Linlithgou and Tarbett said they did nott beleve the king meant the taking off horses and armes from 04 those who wold nott take the oaths to be generall, but the act onlie to be applied to some particular persons. If by waiting on the kings busness heare, and even struggling and wrangling for him, I could serve him or get busness done, I should nott grudge my attendance ; butt the number is soe unnequall, and the constitution off the government at present is such and no appearance to be otherways, that I am resolved to goe home ; and wish the world may be disappointed and people may answer the trust faithfullie his Majestie is pleased soe francklie to give them," &c. 162. The Same to the Same. [March 1694. Draft.] He hopes " our assemblie carrie discreettlie, which I am in a greatt measure perswaded off, for the ministers appear to he verrie weell disposed, and intyriie sensible off the designs and snares there enemies have laid for them, which I am hoopfull they will avoid by a wise and moderatt conduct. . . . Since you approve my resolution of rettiring to the cuntrey, iff busness runn in this channell, I am resolved soe soon as I hear the king goes to Flanders to leave this place, for I am sure in serving the king hear and adhering to his true interest against the Jacobite faction and the other enemies off his government this tyme bygone, I have rendered myselfe the most obnoxious man in the nation to there malice and envie ; and I may saifflie say, that iff I had been less forward upon all occasions in his Majesties busness, both in judicatures and other- wayes my reasonable bill had gott a better answer from. some off the lords off his thresaurie." He is, however, only anxious that the king may be satisfied of his sincerity and heartiness, and that he will " with life and fortune serve him against all his enemies whatsomever, to the last. He refers to the disappointment of Lord Ross at not receiving a regiment, and his consequent anger at the Secretary. " I Avish my greatt unckle [the Duke of Hamilton] were weell in Scotland, or rather that he had nott been out off it att this tyme, for you may remember my fears were from the beginning that he wold obstruct busness, which itt seems he hes hitherto been successful in," &c. 163. The Same to the Same. Draft. 5 April [1694]. He is glad the Secretary thinks he may have the *' cloathing munny," though not a sixpence will go into his pocket. "Att least itt may be thoght sufficient I serve the king for nothing, wheroff I finde I most be the onlie instance, since for a reward off the Marquis off Duglass great services done and to be done, he hes the estaitt off Dundee bestowed on him." He does not grudge the king's gratuity and assistance to this "old and honorable houss," but he wishes they had not been gratified at the expense of Sir Thomas Livingstone, &c. " . . . I have been this day and yesterday at councill, where I assure you the most of us goe on verie francklie. First, for reprives to all the Bass men, after a greatt dale off debaitt and some pleading that King James commission should be excuse, itt came to the vott — Rep rive or nott — and I wes the first in the councill voted nott ; upon quhich the councill splitt, soe that itt came to the chancellors casting vott, which he wes pleased to give for reprive to the first Fryday off May. This putt the councill in soe good and charittable a dissposition that they did proceed to take the petitions of all the prisoners under consideration, and have accordinglie this day and yesterday sett all at libertie upon boand. When they came to this Sir Thomas Livingston and I went to the door so that wee were nott actors in itt. The justice clerck and others wdio wold have opposed itt were in the assemblie butt it had been to no purpose for there majoritie by much carrie what they will." He 65 is therefore going to take his leave, and is glad the Secretary approves. 164. The Same to the Same. 17 and 18 April 1694. Draft. The Assembly is dissolved, to the satisfaction, he hopes, of the king. . . . " Wee had yesterday ane extraordinarie councill purposelie for to defeatt the praclamation for taking horse and armes from the disaffected which the Chancellor pressed with greatt heatt and violence." He and the Advocate meant to issue a letter to the sheriffs excepting " all coatch horses, draught, pleugh and laboring horses in all mens hands what- somever," and applying the proclamation only to those who, when cited, had refused to qualify. " The Councill were pleased to reject all this, except in soe farr as itt comprehended laboring and pleughing horses in the hands off tennants and laborers, which they thoght the act of parlia- ment should nott reach. And because I wes forward and the first in councill to oppose him in this matter he [the Chancellor] wes in a mighty passion and heatt against me." The Earl announces the Duke of Hamilton's return who " is seized with a violent palsie which affects his head soe as he speaks non nor knowes no bodie and hes lost intyrlie the use off his limbs. This distemper begun upon him at Darnton [Dar- lington] upon Thursday and incresced by degrees evrie day since, soe that he is in a greatt measure spent and is not like to putt itt off long. Iff his temper, constancie and good humor had been suittable to his parts, his loss had been a greatt deall more sensible to the nation. The Bass yesterday gave a signe and have sent termes, wheroff I kno not yett the particulars, butt in the generali I hear they are exorbitant. . . . Iff there be occasion for your doing for me by Duke Hamilton's removall, I am sure I need scarce minde you," &c. In a postscript he intimates the Duke's death that morning [18 April] at six o'clock, adding : " Iff I am to be trusted, I hope now is the time, and iff the king either knowes or beleves me 4o be what I am, I think with the assistance off your frindship and endeavours I have a fairer view then anny other of serving in my uncles station in councill." He does not consider his competitors formidable, and Mr. Carstairs has professed great friendship for him. If he is dis- appointed, he can go home and manage his own affairs. 165. William Earl of Annandale to Alexander Johnstone. Edinburgh, 5 May [1694]. He is very desirous that " some men were turned outt who designe nothing less than the ruin " of the king's interest and of the nation. He urges Johnstone to stir up his brother, the Secretary, to push business, to act for the king and recommend himself to the nation by making changes [in the Scottish administra- tion]. The report that Sir Thomas Livingstone is going to Flanders makes the writer "allmost think a redress and rectification of busness desperatt. For iff itt should succeed, I may freelie say itt wold be the severest stroak ever the kings interest suffered in this nation, and I am sure your brother in particular should nott be able to make up thiss loss, for he is intyrelie his. This consists with my knoledge particu- larlie. Soe lett him consider weell, for he is a greatt card and nott to be iost, tho my Lord Murray had nott soe much frindship for anny off you as to employ your relation Hallyeards in his regment, yett I gott Sir Thomas Livingston to give him a companie in Sir William Douglass regment." 166. William Earl of Annandale to Secretary Johnstone. Draft. Loch wood, 13 May 1694. Much in the same strain as the preceding letters. " . . . Butt you must allow me allmost to disspair J 93550. E 66 off a rectification of busness in this nation, either as to men or measures,, since I have seen and doe see dailie such gross tricks and villannies practised both heare and there, publick appearances in judicattures evidentlie against the interest off the king and his government, and no nottice taken off them, yea these the onlie men who are encouraged ; and least they should be dissobliged, others who . . wold serve the king faithfullie and vigorouslie must nott be employed, Itt appears a riddle that the Whig partie carries itt in England and the Episcopall in Scotland. I kno you will nott putt a wrong construction upon what I woritte freelie . . . and therfor lett me ask you whence the great confidence comes that the king hes in Lord Murray that he is named amongst the officers of state " [for filling up certain commissions]. . . I must say Lord Murrays name there wes a surprize, butt wold yett be more to be secretarie off state ; tho I confess after soe signall a mark of the kings confidence he may be expected first in the government ; butt take care off a new Gilliecrankie." He refers as formerly to the diffi- culties in getting anything done for the security of the nation, &c, and laments the loss of Duke Hamilton who was the <( onlie check upon them." " They concluded he could nott be fixed, and therfor were affrayed off him, which keeped them in some measure within bounds, but now that there is non either to oppose them or counteract them, be sure they will goe on with loose reins and carrie on busness to greatt extremitties, such as I feare may be hard eneugh to retrive." He would come to London in person but there are too many inconveniences. " The king has a true notion off Arran [Hamilton's son]. You might no doubt have Queensberrie, tho he vous and swears otherways on all occasions ; butt how this nation and you wold be stated with either off them, I think I need nott tell you. Duke Hamilton had reason to speak weell off Aberdeen to the king, for he wes in closs frindship with him. But I may wariantablie say he is the source and head off the Episcopall and Jacobite partie in the North of Scotland and privatlie does King James better service and acts more effectwalie for his interest then the whole partie besides are able to doe." Of this he offers further confirmation when he goes to Edinburgh. He again deplores the removal of Sir Thomas Livingstone, and forebodes evil of other changes. 167. William [twelfthJ Lord Ross to William Earl op Annandale. London, 27 November [1694], He is glad to know that the chancellor is to come to London, as he may be useful for their interest. " The losse of the [Arch]bishop of Canterbury is unex- pressible and the choice of a neu good one will be of great import. Last day I kissed the kings hands, who receaved me ve» y weal and spoke kindly to me, and this day Lord Lindsay, Sir Thomas Leviston, Sir William Hope and I, kissed the queens hands, Sir Thomas having waited on the king a litle befor who receaved him very kindly. The parliament heir goes weal on and will give mony liberally, and I hope, sooner than former years. Things abroad have a far better prospect then some time past/' 168. James Johnstone, Secretary of State, to William Earl of Annandale. London, 6 December 1694. He wishes bim joy of his new honour [as President of the Council in Scotland.] Dr. Tenni- son or the Bishop of Lincoln is named Archbishop. He advises,— " You are absolutely in the right to shun all criticall businesses, at least, till you writ np and know the kings mind, particularly church matters. They will be well pleased here if there be noe noise tho nothing be done. You will have much difficulty with the bussiness of 67 recruitts how to keep a due temper, for on the one hand the countrey must not be abused, at least not more abused then it uses to be, for abuses there will be on such occasions. On the other hand the officers are apt to clamour against the councill, and the king is much concerned to have those recruitts and will take it well to hear that you are zealous in it. There is no doubt but you yourself will abstain from heat, but its fit that you keep also all the board as much as you can from it, and that proceedings be calme and impartiall. You should writ a letter of compliment to my Lord Portland ; and pray writ your letters so as that I may read them to the king, and what is not fit for that, writ it on a paper apart." In a F.3. he says, inter alia, 44 I would advise you in yours to my Lord Portland not to mince .the matter of the false step you made [in 1690], but to own it and your sense of it, of which you may say you have given ever since sufficient proofs, and have not so much as lived in friendships with any of your old associats, and that you will give further proofs when you have opportunitys," &c. 169. William Lord Ross to the Earl of Ann and ale. London, 10 December 1694. In addition to wishing the Earl joy of his new post, the chief item of interest is : — " The choice of this neu archbishop gives us all good hopes for all honest men doe rejoyce at it, though others hangs ther heads. I send you the late archbishops funeral sermon. This one I hope shal succeed him in all things." 170. Sir Thomas Livingstone to the Earl of Annandale. London, 11 December [1694]. Not of great importance; chiefly congratulating the earl on his new position, being chosen president of the Council. " The party, your lordship knous is very bussi to have maters to go worong, but I hope thee [they] shal not prevail. The wel wischers in Scotlant I thinck should weryt theer opinions plainly " especially to Mr. Carstairs. He has orders for Flanders, [William Lord Ross also writes again on fhis date, chiefly to ask that the Earl, with Carmichael, Polwarth, Justice Clerk, Whitelaw, or others should join in recommending changes in the government before the parliament meets.] 171. Secretary Johnstone to the Earl of Annandale. London, 11th December 1694. Two letters. In the first he writes by the king's order that his Majesty is very well satisfied at the Earl's election as president, 41 but that he [the king] does not writ this in a publick letter, because he apprehends (or is informed I thinck he said) that there is a point of right in the case, and that he never does any thing that looks like a decision in matters of right till he hear fully the case which he has not done in this. However he desires you to con- tinue to preside. So much by order." The second letter is franker. " Pray be satisfied with the letter you have by the kings order, for without flattering you or deceiving you I assure you that you are verry right in the kings opinion. For instance I told him that it were more for your advantage that you lived and minded your bussinesse in the country then to be his chancellor, upon which he asked me what he should doe if the chancellor should die — but this to yourself only." [As to the point of right referred to in the first letter he says] " . . . its well we have a king so nice in points of right, and Sir Thomas Livingstone is in the same case with Leven about the gunner ; for tho the king is verry angry and that even Mr. Carstairs, &c. condems Leven, yet the king will know what Leven has to say. That is his rule. Goe on as you doe, calmely, and connive at everything you like not. The event must neids be good. Truth E 2 68 will come out on the Advocates and Raiths difference . . . How- ever, make the Advocate at present as much yours as you can, and own him when he is in the right. It will make businesse easy to you and nou that Melville hes joined him and me in his accusations (which the king has done me the kindness to tel me) support and encourage him. Melvill does not drinck or I should thinck that he had been drunck, . . . , as 1 affirmed plainly. I am glad he has now furnished me a handle to be plain upon his subject ; without that I could not have been it. What he affirms is ridiculous and was indeed only matter of laughing, but its fit you be fair in appearance. However, since he affirms he never tooke any money whyile secretary," Johnstone asks the Earl to procure proofs,- while in regard to a charge against him- self, he desires a declaration from Sir John Hall, Provost of Edinburgh, &c. 172. William Earl of Annandale to William Bentinck, first Earl of Portland. Draft. December 1694. "My Lord, Tho the unjustifiable and false stepp I made some years agoe did justlie render me under heavie and hard circumstances with there Majesties and made me loose your lordships countenance and kindness, yett if a perfite [ane intyre] 1 sense of my crime with constant sincerittie, fidelittie and honestie, in there Majesties service ever since will [can] 1 remove annie [all] 1 remembrance or resentment, and prevaill with your lordship favourable to accept off thiss truble from me, I hope [am sure] 1 I may upon good grounds expect itt ; for I can warrantablie say that I wes wearie and uneasie under the weight off my crime long before I surrendred myself to her Majestie, and that then my ingenuitie in all that affair wes without reserve, nor have I att anny tyme since endeavoured to ex- ;enuatt my guilt as some others have done ; but it hes been and shall wpon all occasions be my busness rather to aggravatt itt and to give such constant and daily prooffs off my sincerittie and sense theroff, that the world may see I gratefuilie remember I owe my life and fortune to there Majesties. And now ... as I have lived abstract and in enmittie with all those who were then associatt with me, soe 1 am now the most obnoxious man in thiss nation to the hatred and malice off the disaffected and enemies of the government both publick and privatt." He then intimates his new honour and begs Lord Port- land's commands, and opportunities of serving the king. 173. John [first] Marquis of Tweeddale, Lord Chancellor, to William Earl of Annandale. York, 17 December 1694. " My Lord, I had yours at Borrowbridge, and coming from thence one of my coach wheeles broke, and the rest proved crazie by reason of the ruggedness of the way the two preceeding days occasioned by so strong frost, so that I was necessitate to come hither. 5 ' He thinks he will not reach London till the third day after Christmas. " I am glad to hear things go so well with you, and that men begin to appear in their oun colours; it will be litle to their advantage that they carrie so high, wherof notice is already taken at London, as it is wrote to me," &c. 174. Secretary Johnstone to the Earl of Annandale. 22 De- cember 1694. He refers to the illness of the Queen who " has been blooded and vomited and its feared she have the smallpox Polwart and Sir G[ilbert] Eliot have recommended a nephew of Ran- quillor, one Pringle. 2 Consider privately with others if he be a fit and 1 The words in brackets are interlined in the original. 2 Robert Vringle, afterwards Under Secretary. o9 sure man and if you find him such, make first sure of him and then let him, by his brother who depends on Hugh Dalrymple, get his recom- mendation to the Master of Stair, for any of us that opposes can hinder. Thus Mr. William Hamilton, because of the Masters opposition will not have it and they have another reason too at court. They reckon him slow, but that its like was Malvills fault." In a postscript he writes, . . . the queen is so ill that the king will doe noe bussinesse. His campagne bed is set up in her chamber. All are in fear and great confusion. I pray God preserve her. You at a distance cannot imagine how irreparable the losse would be. 175 Lord Chancellor Tweeddale to the Earl of Annandale. London, 27 December 1694. Of the queen he says : M The physicians give her over and think that she will not putt of this night, so that it is now no time for bussiness," &c. [On the same day William Lord Ross writes in the same strain, that there is no hope. He notes the coming of the Chancellor and states his friends were going to meet him, but he sent " requesting he might come to toun privatly by reason of this sad occasion."] 176. On the same day also, Secretary Johnstone wrote : " I can. only tel you that since yesterday in the morning all hopes of the queen are lost. Its the "small poxe and a purpre feavre. She has still her seuses and is well at the heart and may putt off till tomorrow, but that seemes all. The king takes the thing so impatiently that we may loose him too. He fainted twise or thrise tooday. He has had vexations but never grieff. Gods will must be done but things look dismally. The consequences of her death cannot be reckoned. The poor archbishop is happily gone before, for this would have made him a stock. She was the stay of his lyfe and has shed many tears for his death. He was indeed one of the best men in the 3 kingdoms and the fittest to be archbishop, and she one of the best women and the fittest to be queen. . . . She bears all with a wonderfull constancy and presence of mind." 177. Lord Chancellor Tweeddale to the Earl of Annandale. London, 28 December 1694. Announcing " the queen's removall last night between tuelve and one, a sad affliction to the king and a severe blow to all his dominions, she being a most incomparable princess, and beloved of all her subjects above her equalls and all the crouned heads of her sex. I make no doubt yow will call a councill to order such things as are usuall upon such an occasion. The changing of the titles of writts will be necessary, and appointing the High Church kings seat and pulpitt and other lofts, to be covered with mourning," &c, [In another letter of same date, the Chancellor asks for the Earl's opinion as to the utmost amount of cess " this parliament will be prevail'd with to grant the king not only during the warre but during his life; beeause King James had during life when there was nothing but cesse to give for life " while now there were other revenues as " pole money " and " additional! excise."] 178. Secretary Johnstone to the Earl of Annandale. London, 28 December 1694. " Peoples concern for the queen is inexpressible, but none such as the kings. My Lord Portland and the archbishop upon her death carved him to his own room, but he sleeps none. She said all along that she beleived she was dying, since they all told her it was so, but that she felt nothing of it within. She had her senses to the last and suffered very few moments or none at all, . . . The king 70 says that she never offended him now in seventeen years time that they have been marryed. . . . You'le remember that she was not a queen consort but a regnant or soveraign queen, and so excepting the proclamation about a successor (which cannot be in this case) whatever was done upon King Charles the '2ds death seems necessary to be done now." [This is followed by a formal note authorising intimation of the death to be made to the council. Same date.] 179. Secretary Johnstone to the Earl of Annandale. 5th January 1695. " The old Laird, my Lord Yester, Sir Thomas and others are here at a glass of wyne and drincking your health ; so all I can writ you is that they are your true friends and that at long run I thinck matters must end well whatever be the rubbs in the way." [This and other letters about this date dwell on the difficulty of getting business done. On 10th January, Johnstone writes : " The king will be seen too morrow and then the letters (that approving the Earl's presi- dency and another) will be presented. He and the princesse [Anne] are agreed, but she is not well and has not seen him. It seemes the French king is ill too, for he comes nether to table nor masse in publick," &c] 180. William Lord Ttoss to the Earl of Annandale. London, 12 January 1695. Inter alia, he writes : " Ther is a report since yesterday and it comes from the Jacobins that the French king is dead, but sure it is he is very ill. . . . Brigadir Steuart told me last day he is ordered to the Straits with 6 regiments and 1400 of the marins. Its expected, thos, with what seamen Russel can spare, will go touards Provenc, and bombard Marseils or Nice, and perhaps joyn ther the Duke of Savoy. 181. Secretary Johnstone to the Earl of Annandale. 15th January [1695], " You satisfie me that Pringle is not fit. Pray think on a man, I know none. . . . You understand right both the chancellor and your own circumstances with relation to this Court. Doe noe suddain nor passionate thing that would but lessen you both to the court and nation. But you have reason to shew that you are unconcerned tho you never stand but on your own legs : you are happy that you have such legs. However, keep all within your own breast and give noe handle against you, I mean to your enemies, to make you passe for a hott indiscreet man, as they blast all people that have too much spirit to be either tools or cyphers." 182. The Same to the Same. 19 January [1695]. He still advises the Earl to " have patience and dissemble all," as he himself is ( * in the darke " as to the future turn of affairs. " All have taken the alarum upon your nomination, and thinck my clesigne is that you be chancellor in time and every thing. Its like the question about a chancellor was to try me ; but a little time sincks all this alarum and the effects of it. I asked whom he would have to preside and added that you were willing to make roome. He said Noe, noe, he would have you to continue. You should be as well with all people as you can that you may signifie the more in the parliament." He could have wished the Earl to come to London, but thinks he is as well at home, as he has no desire fur a breach with the Chancellor at present. " His inclinations are plainly right. How he will sticke to them I know not. He is never off Melvill and the fright of his presiding in case of your absence would alone have hindered him from consenting to your coming up." In a postscript, he writes : " My collegue was at Carstairs chamber yesternight 71 and Carstairs dined with him to day. My collegues point is to mine his reputation, in which he succeeds." 183. On the same day Secretary Johnstone wrote a second and a very long letter, relating to certain libels printed by Fergusson [the Plotter] against Secretary Trenchard. He says " . . . because my brother and I are in them its fit you know the truth, because amongst strangers aliquid adherebit. I am accused of concerting the Lancashire plott with that Secretary and sending him the witnesses ; but the truth is neither I nor my brother had directly nor indirectly any concern in that affair, nor did wee know the names of the witnesses but by the publick news." His brother refused Lord Shrewsbury to meddle with him and he himself was not trusted, though he knew the whole matter first. " Then I am accused of giving mony to informers. I own that I am sory I have it not to give, and that now in three years time that 1 have been secretary I have had but 28 pound for secret services. I did indeed give mony about the time of La Hogue, and discovered that bussines, but I despaired of getting that mouy again, and I do not remember that I have given any now near these two years. It is a shame that this should be true of a man in my post, whose cheif bussiness at such times as these should be to discover and prevent bad designes. But so it is as I tell you." Some other statements by Ferguson are described as " pure forgery," of which the writer knew nothing till he read it. " As to my brother, your friend, Sir William Lockhart, and others had accused me for corresponding with Fergusson and Sir James Montgumery when I was at Brandebourg. The thing was false ; for I never wrote to the one in my life, and but one letter to the other then, which was never answered. However this went so far that my pacquets were broke open at my Lord Nottinghams office." The notice he had of this put him on his guard and he was not surprised, on becoming Secretary, to find a number of informations against himself by Ferguson and others. He then desired his brother to carry all " informations of practices in England" to the English Secretaries, asking for a similar return from them as to Scotland. Thus his brother [Alexander] dealt with Nottingham, Trenchard and Shrewsbury and also with Portland, by whose order he laid out much money. " Lie has since with much difficulty had the mony that he laid out by order and that is all. He never had the value of a pair of gloves by the bussines, which he persisted in meerly that he might not disoblige them, but told them that it was not his bussines, and has given it over a hundreth times ; but when others could not do a job he was sent for again, and must either lose the kings favour and the hopes of being provided with some good post, or obey. So much is truth and he may own it to all the world, for we in the posts of Secretary must do such bussinesses and he did ours. But instead of mentioning this, which is true, but which they do not know, they fall upon him for the Lancashire plott which I told you he was no way concerned in." After relating the true version of his brother's marriage, the Secretary says further of Ferguson : — f< Then, tho the Lancashire bussines as all the world knows, was carryed on entirely in Shrewsbury's office, and that Trenchard was in the country at that time seing his brother dye, yet he excuses Shrewsbury and throws that whole matter upon Trenchard. My Lord Shrewsbury says that he had much rather be rallied by him than praised by him. Ther are whole sheets such unmixed forgery that ther never was nor is so much as a cullour for it. He wrot the book to prove that Essex was murdered and now accuses the Whiggs of that calumny. He has sent his daughter to tell my brother that both he and the author are now sensible that they have 72 wronged both him and me and are mighty sory for it. My brother did tell him that he was a rascall and the author himself. She fell a crying. To show his gratitude, I sent him 10 guineas when he was starving at Amsterdam and when I had not 20 behind, and the last winter I sent for him to his brothers chamber the only time that I remember to have seen him these two years. I used mauy arguments to make him wise. He seemed to give ear to them. He advised me to keep my brother from medling. I told him that he medled very little and should abstain, if not in so far as it was the duty of my post, to send the English offices any information about England that came to me. He complained of his necessities upon which I gave him what gold I had about me — 5, 6, or 7 guineas — and promised him more. Besides all this, he knows I have done him a kindness of a higher nature, which I am ashamed to own. Lord, what shall our poor Scots men do that come to England for a fortune! Litle Murray -with all his religion is a . . . and Fergusson after so much noise, does thus publish himself ane infamous rascall. Ther is another, too, who has been much upon the stage of late ; he will quickly appear another Fergusson. I writ all this that it may be known. Farewell." 184. The Same to the Earl of Annandale. London, 24 January [1695]. He had given his opinion to Lord Portland that certain deserters " ought to be delivered to the Flanders officers as a part of the draught. Thus the publick faith will be kept to the Scotch officers, and men will not be encouraged to desert from Flanders. . . . The king is at Richmond, but will appear in public here on Sunday. Last Sunday he sent for the bishop of Salisbury, who was with him an hour. The king was very kind to him and said that he would never forget the queens love to him (the bishop) and his to her. They weeped both about an hour. Its strange that a man of such undaunted mind with respect to his own death, should be thus subdued with the death of another. I wish you could be lesse concerned either with mortifications or approbations. Tyme and bussinesse will bring you to that. How- ever a man can doe much upon his own mind, if he resolve to mould it into a steady temper." [This remark is apropos of an " angry letter " the Earl had written to the Chancellor, but the Secretary says both were in fault.] He adds that Lord Portland does not do business with him. " He says to me he will not medle. I wish he would take time to it and medle. He is an honest man," &c. 185. Lord Chancellor Tweeddale to the Earl of Annandale. London, 24 January 1695. Giving an account of the presentation to the king of the Scottish Council's letter of condolence. The presentation took place apparently on the 12th January, but Secretary Stair had written a mistaken version to the council, which caused Annandale's " angry letter " to the Chancellor. This is the latter's reply, stating the circumstances. " The king having allowed me to wait upon him that morning [12th January], as I was called in, Secretary Stairs followed me in omciouslie without being called, I suppose that he might have an opportunity to deliver the Lords of the Sessions letter, which he could not have had if he had missed that, and he following me in Secretary Johnstoun followed him. After I had kissed the kings hand I spoke a verrie few words to him of my own sence of his losse and finding the king a litle moved with what I said, I told him I had an addresse from his privie councill of Scotland upon this occasion to present to him, and took out the letter and gave it him, As I remember he said he took it kindlie and would give it an answer and then delivered it to his 73 Secretary-in-waiting " [who delivered the address by the Lords of Session while Secretary Johnstone presented one from the City of Edinburgh]. " Thereafter I stepped forward to the king and represented to him the necessity of his signifieing his approbation of what the councill had done ; that it was according to the commission which was read in councill before the election that there was none ever pretended to supply the chair but as elected, nor did any at this time, nor could the officers of state as such, the chancellor and treasurer being tuo, and five of them usually gentlemen who never presided in councill which consists most of the nobility ; upon which the king only said to me ' Send me a letter and I shall sign it.' Secretary Stairs heard nothing of this and therfor might write the more confidentlie that the tenderness of his Majesties griefe hath not allowed him hitherto to sign letters or do bussiness." [The letter of approbation was signed and sent off that same night.] 186. Sir James Ogilvie [afterwards Viscount and Earl of Seafield] to the Earl of Annandale. London, February 5, 1695. Inter alia y he says, " Secretarie Stair is concerned to knou hou the letter con- firming your being president was obtained, for tho he was in waiting he knew not of it." 187. Sir Thomas Livingstone to the Earl of Annandale. London, 5 February 1695. He is not yet sure whether he is to go to Flanders or not. His being in Scotland has created him many enemies, and they would fain lay something to his charge, if they could. "But I ame in defyance of them all, especially he that is theer nou verry bussi to see what he can pick op. He is ane emisaire of some people here, but better can not be expectet when the skum of a nation is imploied. This last is boren the sone of a blynd ealhouse-ceeper at Inderroerie, who never did anny thing to deserve what he heath save by telling litel storris and leys, of witchs he is full." 188. Secretary Johnstone to the Earl of Annandale. London. 7th February 1695. " . . . I am glad that my neighbour [Sir John Dalrymple] bewrayes his weakness and passion as he does in his letter to you. I have it, too, under his hand that Payns plott was a forgery even after the Parliament had voted it ; and I have seen his about Glenco bussines. That I would rather be as low as the center than have writen." Inter alia, the writer refers to the question of deserters and the draughts of men for Fianders. " It is plain enough that the king does not intend that any deserters should be restored without mony or beyond the number of the draught. Advise the colonells to comply frankly in giving the draught, and when they have done that they may ask a longer time than two months for recruiting and such other cases as are reasonable. The king said over and over again that Scotland would be in no danger this sumer." 189. Lord Chancellor Tweeddale to the Earl of Annandale London, 12 February 1695. As to deserters, &c. the king has ordered Sir Thomas Livingstone to hasten down and give assistance to the draughts to be made, which he hopes will be left in Scotland till the forces there are in better order. 190. Adam Cockburn, Lord Justice Clerk, to the Earl of Annandale. London, 16 February 1695. He had not seen the king since Thursday, but had talked fully to Lord Portland " both of men and things," and did justice to the Earl. " Next week we exspeot 74 publick matters will be more particularly spoke to. The Earl of Lithgo is not wanting so far as he cane with his assurances and protestations to be a vpright man, and will save himself if promises will doe it, fall how [who] will. The chancellor is firme as yet for any thing 1 can see. There is no appearance of his going in to the Dalrimples, only he is sparing to name persons, but that shall not be forgotten, goe matters as they will," &c. 191. Lord Chancellor Tweeddale to the Earl op Annandale. London, 23 February 1695. The king has granted to the [Jacobite] Duke of Gordon, three months longer liberty, till the 1st June, but as the warrant cannot be sent down immediately, the king being at Richmond, the writer hopes the Duke will continue his bond a few days to save trouble and disquiet. Secretary Stair had recommended one Clerk/ 5 " who made the stamps in the Coinzie House "to be employed for engraving the seals, and the writer desires the Earl to tell him if anything more had been done in the matter. 192. Secretary Johnstone to the Earl op Annandale. London, 2 March 1695. He intimates the king's pleasure to the council " that Mr. Fordyce the priest, be allowed to goe north (his baill continuing) and that he bring with him to my Lord Strathmors such persons and papers as are necessary for clearing with my Lord Aboyn his private affairs, which being done, that the said Fordyce be shipped for beyond seas, and that upon the notice of his landing, my Lord Aboyns confine- ment be taken off, my Lord Strathmor still continuing baill for his peaceable behaviour." 193. Hans William Bentinck, first Earl of Portland, to the Earl of Annandale [a reply to the Earl's of December 1694, "No. 172 supra]. Kensington, ce T 4 ¥ Mars. [1695] Monsieur, — Je ne crois pas que nous soyez surpris de ce que je n'ay pas repondu plustost a celle que vous m'avez fait Fhonneur de m'escrire quelques mois passes. Nostre vive douleur pour une si grande perte n'est qu'une trop juste excuse pour mon silence. Le veritable sens que vous avez temoigne tousjours, monsieur, de ce qui c'est passe par si devant, et le zele que vous avez temoigne du depuis, a donne cette impression au roy que vous avez veu qu'il n'a pas hesite a approuver le choix que le conseil avoit faict de vous pour presider dans leurs assemblee. Je vous felicite de cette marque de distinction, et vous asseure que j'en ay de la joye baucoup, et que dans touttes les occasions je seray tres aise de vous pouvoir temoigner combien je suis, monsieur, vostre tres humble et tres obeissant serviteur, Portland." " M. Lord Annandale." 194. Sir James Ogilvie to the Earl of Annandale. London, 5 March 1695. He has again been with Lord Portland. " I have fullie argued our affairs with him, bot al to litei purpose. He acknou- ledges it to be truth what we aleadge of some men in the government bot sayes he thinkes not this ane fitt time to press cheanges ; this is al as yet is done " The king will not do business this week as the queens funeralls were performed this day, in which the parliament have spared no requisite expense, she being much regretted. 195. Adam Cockburn, Lord Justice Clerk, to the Earl of Annan- dale. London, 14 March 1694-5. . My Lord, Tewsdays votes would let you know what circumstances the Speaker of the house of commons was in. They made him sitt that day, and they not only 75 directed all their speeches to him, saying, Mr. Speaker, Sir John Trevor is guilty of this and this, and so abused him to his face but made him state the question against himself. Yesterday he sent them a letter excusing his not attendance for he was taken ill, but would waitt of them this day, so they adjourned. This day they metr, where he found it not convenient to come ; he sent the maess. So they proceeded to choose a speaker. Two were sett up, Mr. Paul Foley and Sir Thomas Littleton, both good men. The last would a caried it, but unluckily Mr. Whartoun, the controller, told the hous the king recommended him. This lost it and the former caried it by 33 votes. Thus is this parliament come from a violent tory, and other ways no good man to a great whigg. . . . This day the Lord Belhaven is pairted with the York coach. He is well looked on by the king but has got nothing as yet. What hath made him pairt so soon I know not, except it be to prepare members for the parliament." 196. The Same to the Same. London, 26 March 1695. Explaining, inter alia, that he had been with the king, where he " honestly dis- burdened " his mind, while the king heard him with patience and seemed not ill satisfied with his plainness. '* . . . This day my Lord Stair as the king went in to dinner, desired ane audience ; the answer was given — I cannot possibly to-day. It's said his lordship intends for the Baths. Indeed the hons of commons have laid down preparatives for in- quiring into undue takeing of mony. They have this day expelled the hous and declared uncapable of ever being a member again one for takeing 20 gueenes. He is a lawyer, and said he had consulted the Orphans Bill ; but it was true, he beleeved, they gave him the more that he was chairman of the committee that brought in the bill. This did his busines. What would some of our lawyers say if this inquiry should come amongst lis." 197. Secretary Johnstone to the Earl of Annandale. 9th April 1695. . . . Mr. Pringle is now declared. The king shews he has noe reguard to some men since he has not spoke to them of such a thing. . . . M. is courting the justice clerk and others again. He goes to Scotland to be a spye upon all men. The parliament papers will be signed tomorrow. The chancellor and others part upon Twesday. There has been a designe in M. and others to make me president to the parliament in order to hinder your being it. They understand the consequence and import of your being president better it seemes then you doe yourself (conceal this) I mean above and under. All under arts imaginable have been used to hinder it and to keepe the Chancellor from being for it, but the councills choosing you it seemes stuck with the king ; for he names you and 500/. st. is allowed for a table. Whatever you resolve on, keep your mind to yourself for two reasons; one is that if you will not be it, you should not hinder others by telling that you may be it. The next is, have patience till the chancellor and we be down. More will be known before then. For my own part, I am for quitting when I despair but not otherwise . . . But I doe not despair, and quitting at present, instead of a remedy, were to abandon bussinesse to the other party. As to the other presidentship 1 know noe more then I wrot to you long agoe. You will come to your purpose in time, if you have patience and advise with your friends. If you mind to act by yourself without either of these, I shall be sorry for it. You are your own master, and your circum- stances may support you in your humour but noe circumstances can support you in your reputation, if your friends once yield to the caractere 76 that your enemies give you of a headstrong unadvisable man." [The M. referred to in this letter, and in others of this date, may be John Lord Murray, afterwards Secretary of State, Earl of Tullibardine and Duke of Athole.] 198. Adam Cockburn, Lord Justice Clerk, to the Earl of Annan- dale. London, 9 April 1695. Yesterday Mr. Pringle was presented by the chancellor and kissed the kings hand as under secretarie, and his Majestie ordered he should make ready to goe over with him. The Master of Stair had not so much concerne in this choice as once to be ask't if he had any objection." 199. Lord Chancellor Tweeddale to the Earl of Annandale. London, 11 April 1695. He has had a cold, which has delayed his business. He desires the Earl not to delay a proclamation " to putt a stop to the coming in of more clipped money, and to take care of the observance thereof, which may prove all on with a discharge of clipped money, and necessarly return it whence it came, And that it may the more readily do so, it is my opinion that encouradgement should be given to receive the guinees from this at als high a value as they give in the border of England, and if no better can be, als high as they passe here in London, which is at tuentie five shillings ; for there is no current money here but clipped money, and the guinees are like to rise higher, so that these who have clipped money will be lesse losers by putting it off for guinees so far above the value." 200. Secretary Johnstone to the Earl of Annandale. 13 April 1695. The Scottish Parliament is to meet on 9th May, and those concerned leave London next week. " M. goes down post on Munday. He can wheedle noe body here where the truth is known. He hopes to succeed better with you. The point is if change be necessary for managing the session. He says not, and we yes. The king it seems doubts, and he is sent to know the truth, and takes the start of others that he may prepossesse people. You know you and others have constantly written to me that changes were necessary, upon which I could give the king noe hopes without them." He desires the Earl, if he is persuaded to change his opinion, to let him know that he may inform the king. Of * M " he again writes : " He had positively' denied that he did seen Arran, but I have discovered that they used to meet at a 3rd place, and nou he himself owns that he did it occasionally, as he pretends. ... If Carstairs give assurances from the king himself, its well, but the arguments against changes befor the parliament are as good against changes after, and the king speaks not to Carstairs. The king says that he will turn out any convicted of taking money. He has spoke before severalls of my collegue [Dairy mple] in such a manner that its evident he thinks to make him quit. The advocat makes great professions, but M. hopes to joine him with the Melvills and Dal- rymples." [" Arran, " afterwards fourth Duke'of Hamilton, had at one time decided Jacobite tendencies, of which also John Lord Murray (his brother-in-law) was suspected.] 201. The Same to the Same. 16 April 1695. Giving a relation about the opening of a packet of his letters in the post, with which " M M was mixed up. In a postscript he writes : " You have letters from others as well as me, but we reckon they reckon every thing you say as written by me, and sure they were seeking nothing but mine to you, hoping to find proofs that I made men with you. Stuffe ! as if that were my business. Sure tho a servant may [not] alwyse aprove of 77 his masters methods, he will know that its not his part to oppose them." 202. The Same to the Same. 18 April 1695. ... My Lord Portland has been to take his leave with the Chancellor. M. and all sides went out of town onlie to-day. The old laird 1 claims the merit of peacemaking. Men have been so shamelesse as to perswade the king that I would act against him in parliament, because, at their desire, I would not lie to him and give hopes when I had none. Crafoord and others at their desire took that way of it with the king in giving him assurances for the Assembly and so upon what happened lost themselves intirely with him/' He wishes that matters may go better in the parliament than he expects. " As to the king, I trust to his understanding that he will allow some oylle to make the lamp burn rather than riske a breach, and he is too nice about the credit of his word to have said what is in that letter to the parliament did he not sooner or later intend it ; but the mischief is, heatts will prevent what may be intended after." [On 20 April the Secretary writes condemning the conduct of someone not named [perhaps Dalrymple], and concluding as follows : " If I can discover that my letters have been taken by the kings order, I am firmly resolved to quit upon it. Noe man can condemne me. My own quiet is more to me than this post."] 203. The Same to the Same. 23 April 1695. I have yours . . . I perceive writing signifies nothing to you. You cannot by it know the wholle truth and half will not serve you. As for your being president in the parliament or not I have noe more to say. Carstares &c. hoped to get me president to keep out you. Arran is positive that you are not to be it." It is also asserted that instructions will be sent retracting the presidentship and other things, but if that happens the king will be told that the Earl refused, and the Secretary had never asked the post for him. " By all this . . . and many things that cannot be written, any man may judge if it was possible at present, to get you president of the Councill [sic. ? Parliament.] 1 have nothing to reproach my self in point of friendship to you. Since you have to me, I doubt not but you will take measures accordingly. I shall still thanck you for any friendship you have shewn me hitherto. I can accuse you of noe faillure in it nor doe take ill any thing from you that concerns me ; but that you doe not trust me, and would by your scolding and impatient way with me make me spoille your businesse again as I did once. As to the Chancellor he was somewhat cold at first in your concerns but he came too at last. But how could he make you a constant president when he was refused even a coquet seall for one. I tel you positively it was not in his power to doe it at this tyme. For your being on the treasury, I doubt that was practicable either, but who could act in it ? How often have you written, president or nothing ? In a word if the publick goe right and you guard against your own spirit, you may expect any thing. The king will do it himself from the sense he has of your capacity. But others (I mean not my neighbours) will never pardon you two things (which are as the sinne against the Holy Ghost), your too great capacity for bussiness and your unfitness to be a tool. My advice to you (if there be roome for it), is that you consider that you have a family and great stake, and that whatever you doe, doe nothing suddainly nor without the advice and concurrence 1 This person, who is several times referred to in this correspondence, has not "been identified. 78 of such honest men as you reckon your friends. This you will find for your interest. As to your presiding in parliament, or staying in town, or being at charges, whether you doe it or not, I thinck should breake noe squares betuixt you and any of your friends. You may follow your own jugement in it, especially since my opinion or any other mans is only that for you to doe so and so were probably best, but which indeed after all may prove worst. I am sorry to despair of ever making you understand this court. M. now having, as he thinks, gained the Chancellor by the old laird, hes been verry plain and owned that he gave at court his opinion (and which he says he is resolved to own in Scotland) that it was not for the kings interest to make any changes, since by them he would lose the greater part of the nation ; that in his jugement Lithgo, Tarbat (these he named) and others should be keeped in the government and more of such men brought in to it ; that thus the foundation would be enlarged ; that upon those mens hearing of it they came and would make a friendship with him ; that, however he was still of his own party, but if his own party after six years assur- ances would not trust him, he could not help it, he must have noe more to doe with them ; that he would rather be envied than pitied — all these his verry words. Keconcile this with solemn appealls made to God Almighty this winter before me that he would never have to doe with these men ; that he knew them to be knaves, and had been against their coming in, and would never be for their continuing in. It was told him that if more of them must come in, some honest men must be turned out. He said all that should be ordered right enough. So much to a person above exception within these two days, whom my Lord Carmichaell (whom Carstares does the honour to reckon a sure tool) will to my knowledge trust. But all this I knew long agoe. Now, if you be any of those Jacobits (for so he named them) that are to be gained for enlarging the foundation, you are sure to come in. But if the king be in this, he will be I hope, undeceived." At present, how- ever, " Cooks bussinesse " and other English affairs prevent the writer speaking to the king. 204. William Earl of Annandale to Colonel John Hill, Governor of Fort William. Edinburgh, 23 May 1695. " Sir. It hath pleased his Majestie to give a commission under the broad seall to the Marquis of Tweddale, the Earle of Annandale and sevein more to take tryall by what warrands and in what manner the Glenco men were killed in February 1692, and for that end to call for all persons, letters and other writings, that may give any light in it ; as also to call and examine witnesses upon oath, that there may be a full discovery and the whole reported to his Majestie. Which commission being now mett I am by them appointed to require yow to come to Edinburgh . . . and that you bring with you all instructions, orders, missive letters or other writings that ye have about that affair, and that yow bring the principalis and not copies, specially these letters, whereof yow have already given copies attested by your hand. As likewayes yow are to bring with yow the persons that you can command or influence who were present at the execution, or who can give any knowledge of the contrivance or mannadgement of that affair, or of any part of it, and who see old Glenco with yow at Fort William in December 1691 or January 1692, and who can witness what past at that tyme. In these things yow are to shew your care and dilligence that the inquiry may be made and dispatched as is expected. Sir Thomas Livingstoun is to write to yow to this purpose and to send Lieutenant Colonell Jackson to command in your absence," &c. (Signed) Annandale. P. 79 205. Henry Villiers (probably brother of Edward, first Earl of Jersey) to the Earl of Axnandale. Loudon, 25 May 1695. My Lord . . . The captain of Clan-Ronald has been for some time past marryed to my wife's sister Penelope ; and as the tyes of affinity are next to those of blood, I hold myselfe thereby oblidged to appear on his behalf, in so far as the same may be consistent with the intrest of the government to which (I humbly presume) no man will question my fidelity. He has been seduced by evil company to doe those things in relation to the government, of which he now heartily repents. He will not be of age (as I'm informed) before July next, so that justly his former actings are mostly imputed to his evil! councellours and want of experience. The king has graciously condescended that he should be admitted to kis his Majesties hand in Flanders, where the captain of Clan Ronald and his wife now are. My Lord Marques of Tweedale and Mr. Secretary Johnston have severally upon my request signify'd their inclinations to befriend him. I do not at all question his pardon from the king upon the conditions I propose, which is to give unquestionable security here that he shall not goe into Scotland ; and I humbly conceive his continueing is safer for the government than his being anywhere else. His years may plead much on his behalf, together with the proofes he offers of his repentance in living as becometh a peaceable and quiet subject." The writer desires the Earl to use his influence in parliament and council to prevent any harm to the young man's estate, at least till the king's pleasure be specially known. Signed " Henry Villiers." 206. Lieutenant-Colonel James Hamilton to the Earl of Annandale, President of Parliament, 5th July 1695, with regard to his relations to the Grlencoe massacre. My Lord, My unhappy sircumstances at present I hope will excuse this boldness I take to give your lordship this trouble. I have not the least doubt of the justice and tender consideration that should be shewn me in that my unfortunat affaire before the honorable high court of parliament, but that there runs such a speat and odium cast on me, that I have not bin ingenious in declareing the truth according to myknouledg; in which I call to witness the Almighty God, judge of all mens hearts and actions, that I have from the sincerity of my soul done it both in discource to the secretary and others of my sentiments of that matter, as well as dis- charged my conscience upon my oath in matter of fact. I likewayes uterly deny, upon the faith of a Christian, haveing any thing to doe with a party, as is alledged, or ever had, more than became me or a person of my station in duety and sivillity, which I had thought I had practiced to all mankinde. My Lord, the denyell of copyes attested of my papers given in to the comission, notwithstanding your lordships ordered the clearke to doe it, with many other discources proceeding from some members of that comission and the parliament hath given rise to all my jellousyes and feares, and the only occasion of this my absenting. I againe implore the Almighty God to judge of my inocency. I begg your lordships and the members Christian charity, and shall hope for theire judiceous consideration of all, which I pray the Lord direct them in." He desires the Earl's renewed favour that he may have *' access to the king, where and to whom I will declare the whole of what I have discounted the secretary, or what I can say." He thus relies on the tender considera- tion of the Earl and the Parliament, and again craves pardon for his absence. Signed Ja. Hamilton. 80 207. Lord Chancellor Tweeddale to the Earl of Annandale. Pinkie, 10 October 1695. He had received the Earl's letter of 25 September from Bath and is glad that he and his daughter have profited by the baths. A letter from Secretary Pringle had come to the Lord Advocate by a flying post, accompanied by a servant of " Secretary Stairs's lady," who talked all the way of a letter he carried to set " Lord Broadalbion ' ' [Breadalbane] at liberty. Lord Breadalbane receiving the letter sent for the Advocate and gave him the Secreiarys letter telling him there was in it a letter from the king setting him at liberty. The Advocate found such a letter, but also " a particular comand from the king, that if his letter to the counsell for setting Broadalbion at liberty was not according to law, or inconsistant with the present government, that he should return it immediatly to him." The Advocate kept the letter 10 days, meanwhile treating with Breadalbane to find surety to appear at the first sitting of Parliament, thinking thus to warrant the delivery of the letter and the councils setting him free, but he did not prevail with Breadalbane, "\sho askt the question ' If he could then sitt in counsell and treasury,' to which the advocat could make him no answer." Then four or five days before the meeting of the October council the Advocate wrote to the Chancellor, enclosing copies of the letters, and desiring him to call a council to liberate Breadalbane, to which the Chancellor replied that the Secretary's letter with the enclosure should have been a secret, and he would not further expose it by calling a council, but would go to town to speak with him. " When I came in I found him [the Advocate] perplexed eneugh between ane inclination to deliver the letter and doubting what the counsell would do upon it, not being certain if Broadalbion would offer baill, only said he would never deliver the letter unless baill were offered, hopeing still that it should be offered either by Broadalbion or proposed by some of the counsell." Breadalbane had written " circular letters" to his friends, which caused a very full council, even of those who were not very ready to set him at liberty. There were present " 24, beside the Chancellor, my Lord Argile haveing come from the Bishoprick, the Marquess of Douglass from Douglass, my Lord Stairs, the piesident of the Session, came in a litter from his own house, being neither able to come on horseback or coach. My Lord Argile presented Broadalbions petition quhairof Secretary Johnston hes a double and I suppose, a full account from several hands how the debate went and how the affair was managed, But in short the desire being that my lord advocat might be enquired for the kings letter which Broadalbion had delivered to him, that it being produced he might be set at liberty; the enquiry could not be granted though the question had- been put, for as the debate run, it plainly appeared that there was 13 against granting it and 11 only for it ; yet a vote was so insisted for, that I was necessitat first to tell them that 1 could not put such a question so improper to the vote of the board. The Advocat being present and saying he had no such letter from my Lord Broadalbion, but only a letter from Secretary Pringle, I endeavoured to perswade them to let the debate fall and not to press a vote. But when I could not perswade them, it being told me by my Lord Baith that he never knew a negative assumed in the counsell, I was forced to say I could not sitt and hear so improper and so undecent a question put as the enquiry of my Lord Advocat, ane officer of state, about what comar.ds he had from the king, wherein he was to be answerable for what he did ; and so rose and left them, 13 going out with me. 11 only stayed behind, who followed immediatly, and I SI adjurned the counsell till the 7th of November." He adds that a report had been given in of those ministers who had qualified themselves numbering 107, &c. Signed " Tweeddale." 208. Adam Cockburn of Ormiston, Justice Clerk, to the Earl of Annandale. 21 January 1696. . . I cane assure your lordship the news on Sunday of my Lord Murrays being secretaire were very surprising, for on Saturday th' other party were laying five to one he should not be it. Till Sundays night 1 could never get the Chancellor to beleeve any thing of the Advocats cariadge. I must say the Advocat is the most ingrate man in the world to the Chancellor. This place affoords no matter for a letter ; but if I could put some peoples lookes in paper that they have had these two days, you would see some very melancholy, whereas all honest men's hearts are up." . . . In a postscript he adds : " This night we minded your lordship, Yester, the two secretaries, (which is a new drink) at Grahams." 209. Lord Chancellor Tweeddale to the Earl of Annandale. Edinburgh, 28 January 1696. .... The House of Commons begins to fall upon our Indian act again, and the patentees here being about to open the books, I apprehend as unseasonably as they were opened at first in England, to enflame the heat it makes already, which I shall do my outmost to stop, not only as to the opening of the books, but as to all further advances in that affair at thi3 time." He thinks he has lost the adherence of the Lord Advocate. w The Earle of Lauder- dale arrived here upon Saturday, and my Lord Kintore and Grant are come from the north, so that I hope we shall not want a quorum of council!. But still there go more to England than come from it, and of my coming I am verrie uncertain." 210. Adam Cockburn, Lord Justice Clerk, to the Earl of Annan- dale. 11 February 1696. He had two letters this post, "one from my Lord Argyle, t'other from the Advocat. The first says, Johnstoun is not farther out of place than he is out the king's favour ; that the Chancellor [Tweeddale] is out, and the great seall in commission, Melvill the first, and is to preside in councell. For the President of the Session, Rankillor and Whitlaw may lay thair account by it. Phesdo and Mr. Hugh Dalrymple are in view, but another than either of them may get it ; that Commissare Scowgall is to be Lord of the Session. The seconds [Advocate's] letter vindicats himself from haveing any hand in turning out Mr. Johnstoun, but on the contraire he adventured further for him than most men would a done and that it was not the Indian act turned him out. . . . The Chancellors friends viz. Drummellzier, Lord D:ivid, and Lady Roxburgh are against his going up, and indeed the rumour is so strong here that he's to be turned out that he is in a great perplexity. I pitied him last night, it brought a severe fitt of the gravell upon him." The writer hopes [Baillie of] Jerviswood will not lose his place, while Sir Patrick Murray " getts no incouragement." The Advocate [Sir James Steuart] had written to Sir John Maxwell [of Pollok], telling him he owed his preferment to the Earl of Portland and Mr. Carstairs. With other items of no great importance. 211. William Paterson, promoter of the Darien Scheme, &c, to the Earl of Annandale. Edinburgh, 13 August 1696. A council- general of the Company had been held and adjourned until the third Wednesday of November. " Nixt, it seems there is some of our countrymen in and about London very uneasy with the company and with me. I know of noe just occasion I have given, and wonder to sea I 93550. F S2 persons not at all concerned, nor perhaps any way like to be, so very officious; but above all, behinde my backe so unhansomly to load me with aspersions and that in a country where they know that at present I cannot defend myself." They sent down a Mr. Douglas to asperse him and the company too and also the country, whom he treated with all civility in the world, until he became intolerable, and even then the writer bore it patiently. " For my part, altho I have brought my self under much more disadvantages then severall of those gentlemen are worth, yet still I doe not want an office. But if the company trades any of these gentlemen, that are for setting np themselves capable, they may put them in my place. For were it not far more for the companysgood then my own, I should make them rome, and that much to my present advantages. But 1 finde the company extreamly kinde, and the more they find me wronged and aspersed at this rate. This I must say, that in all the course of ray life my reputation was never called so much in question as about this mater, and it is no very easy mater tome, reputa- tion being the only thing I am nicest in; and no doubt but malicious story s of me will fly like wild fire in England at this time, since I in a speactiall maner lay under a national hatred. But patience, I must bear these as I have done all the rest of my troubles." He has no doubt the Earl and his friends will discountenance such malicious stories. [The above letter, and one from ex-Secretary Johnstone, of 14 August 1696", announcing his marriage and his intention of going to Bath, were sent to the Earl at London, where he had received the royal permission to go in July or August, on condition of returning to Scotland in time for the sitting of parliament. He, however, was prevented by private affairs from attending the Scottish Parliament, and was obliged to beg leave of absence, which the king granted with a slight demur.] 212. Sir Thomas Livingstone to the Earl of Annandale. Edinburgh, 8 September 1696. He had been inspecting the bad condition of Stirling and Dumbarton Castles. He thinks that fair things seem to be designed in Parliament, but he regrets the Earls absence. Several flatter themselves with hopes [of the Earl's absence] and others " are migtely aflictet at it." What he says proceeds from sincere friendship, but he thinks it will give advantage to Annan dale's enemies and dishearten his friends. " It is talket that the Earle of Breadalbion, and the Vicount of Staires [formerly Secretary] are to be in parlament. Theer freends give it out publickly, that thee desyngne to overturne what is done in the last session ; that thee have freends and a party strong anof to effectuat it. But this needs confirmation for I thinck it is a bould atemp." ..." The Earle of Tilliberen [Secretary] caris migty fear [fair] to every boddy," &c. 213. A News Letter, written by Adam Cockburn of Ormiston to the Earl of Annandale about the proceedings in Parliament. Edinburgh, 29 September 1696. He refers to various minor details, and then goes on to tell how the supply was past [giving us a glimpse of the actual working methods of the Scottish Parliament]. " The first year past unanimously eneugh, but the second mett with great opposition. In the committee, Grant, Colloden, and Whitlaw wrought it throw. In the parliament the Chancellor pres't it and Commissare Monro second him. No men so forward as thire nouveaux convertie. When it came to be votted, though only 3 or 4 of the nobility, (whereof Lauderdale and Ruthv^n were two) were against it, yet it was lost when it past the barons. But Whitlaw and his burroughs carried it. Whitlaw has lost himself in the esteem of all honest men, except the above named. 83 For on Fryday to add to all the rest of his behaviour, tlier came in two acts which had been read the day or some days before. The first was that no laws should pass the first day they were read, and that all acts and ordinances should be written in mundo ere they be votted. The two branches were promiscously spoke to. At last the first pairt was agreed should be votted, but it was craved the word " acts " should be added. The debait was eager eneugh. The Commissioner spoke much and the Secretarie told plainly, that, if they would not take it as it was, they would get none of it ; upon which the Justice Clerk said, Then they needed not ask a vott, for they behooved to take what was given them and they needed ask nothing. Upon which his Grace a little warmly named the Justice Clerk, and repeated a argument he had used for the act. T'other answered and ownd quhat he had said and adheard to it. Then it was moved, Approve of the first part or amend. The Commissioner agreed to the state of the vott. Then he was putt oft. Argyll stated it so, and so it was votted. Melville, Queensberry, Argyll, Raith, the Justice Clerk votted all, Amend ; yet it caried Approve by Whitlaw and his followers. The 2nd pairt of the act was craved to be votted nixt. Ko. Then they proceeded to t'other act, which is ane act rescissory of that noble act past last session against fraudulent conveyances. What w r as best in that act is now cutt off. The Advocat (who is w r ell and weighty consulted by Marr and Loudoun), Secretarie and Whitlaw debaitecl stoutly. Fountainhall, Arbruchell, Halcraig (who is in for Cullen, you will understand this is to oblige Carstairs), and Whithill were against them ; but this new explanatory act, as they call it, caried ; but if all who were not clear had votted, it had caried in the negative above 20. There was warmnes about this act as well as the former. The Advocat and Fountainhall were be the ears togither. I'm informed when the second years supply was before the hous the Lord President made a insinuation as if he was not for it ; which so frighted his Grace that he delayed it till nixt day, and had not Argyll brought them over, all that pairty were resolved to have opposed it." The Viscount of Stair " has not yet come in to the parliament, but has been severall times Avith the Commissioner about it. I doe not hear he has gott any encouragement." 214. William Paterson to the Earl of Annandale. Edinburgh, 5 October 1G96. " . . . I ly under infinite obligations to your lordshipp for your steadfast favour and kindness in vindicating me upon all occasions. Envy usualy attends the prosperity of any man, and my own naturall defects, as well as those of som of my. countrymen, will doubtless lay me oppen, as well as others, to the usuall treatment in such cases, and as I have alwayes found, soe I finde now that the best remedy for these things is patience. I hope this Company, like Herculus in the cradle, shall strangle all these snakes, and were it not for dificulty nothing would be great," &c. Edinburgh, 32, Castle Street, 2oth January 1895. WilliA3i Eraser. 84 SECOND REPORT ON" THE MUNIMENTS OF JOHN JAMES HOPE JOHNSTONE, ESQTJIRE, OF ANNANDALE, AT RAEHILLS HOUSE, IN THE COUNTY OF DUMFRIES, BY SIR WILLIAM FRASER, K.C.B. INTRODUCTION. The present Eeport is arranged into two chief Divisions. The first of these contains letters of the Johnstones, Earls of Annandale, which could not be included in the former Report. The second Division consists of an interesting collection of Correspondence of William, 18th Earl of Crawford, brother-in-law of William, first Marquis of Annandale. Following the order of date we turn to the official letters, which from Nos. 2 to 99 are all, or most of them, addressed to William, Earl and Marquis of Annandale. No. 1 contains a narrative by a prisoner in the Tolbooth of Edinburgh, as to the proceedings of himself and other rebels, about the year 1690. No. 2, in 1692, refers to a tumult at Dumfries. Nos. 3 to 8 are letters from and to Secretary Johnstone, bat it is difficult to comment upon each of them, though No. 6 may be mentioned as regards the state of the Queen, and Johnstone's opinion of the Court of King William. The answer to that letter, No. 7, contains the Earl of Annandale's opinion of Queen Mary, who, at his Countess' entreaty, had saved him from prosecution for his share in Sir James Montgomery's plot. " Iff we must loose the best of Queens and the best of women, itt is a heavie judgement." No. 10 is also from Secretary Johnstone, and comments very severely upon the conduct of soine presbyterian ministers who had been sent, in 1695, to London. No. 13, written after he left office, shows that Johnstone still took an interest in public affairs. Another letter in November 1697, No. 21, shows that Annandale had then some intention of going abroad. Among the succeeding letters is No. 18, by Andrew Fletcher of Saltoun, in reference to a plea with the laird of Aberlady, which was in dependance before the Court of Session. A good many of the letters following are from Sir Thomas Livingston, Viscount of Teviot, the Commander-in-Chief in Scotland, and contain notices of the state of the Forces in 1697 and 1698. But none of his letters, nor those of John Earl of Tullibardine during the same space, call for special remark (Nos. 16-42). In No. 43, however, we have from Ex- Secretary Johnstone his opinion about the African [or Darien] Company, which was then (1699) occupying the mind of all Scotsmen. He appears to have no doubt as to the future of the Company, and in a later letter, No. 46, he warns the Earl against anything which implied opposition to the scheme. No. 48, from an unknown writer, gives an interesting account of the state of feeling in England in the same year, which 85 tended in the end to wreck the company. In No. 50 the Earl of Marchmont, then Chancellor, writes from an official point of view, opposing the address to the King proposed by the Company, a subject continued in Nos. 51 to 53, 58-60 and 62. In Nos. 60 and 61, we have references so early as January 1700 to proposals for a Union between the two countries, but for the reasons there given it was not entertained. In June 1700, the Edinburgh mob expressed their feelings on the subject of the Darien troubles by a serious riot, a graphic and amusing account of which is given in No. 64. No. 66, from Mr. William Vetch, minister of Dumfries, gives some good advice, quaintly expressed, to the Earl of Annandale, who was in that year, 1701, High Commissioner to the Assembly of the Church of Scotland. Mr. Vetch advises the Earl " to take abundance of patienc along with you, and when you speak suggar your words well." The Earl for his services on that occasion was created Marquis of Annandale. In March 1702, King William died after a brief illness [No. 69], but the Annandale correspondence at the date, and for some time after- wards, is not of great importance. No. 70, however, is a characteristic epistle from the famous Simon Fraser, afterwards Lord Lovat, offering his services to Queen Anne. No. 71, written in 1703 by George Mackenzie, Viscount Tarbat, satirizes the differences between Church- men then agitating Scotland. In 1705 the Marquis was Secretary of State for a short time and also again Commissioner to the General Assembly. Nos, 72 to 78 refer to that period, No. 77 being an account of certain proceedings in the Scottish Parliament. The Marquis, however, lost his post of Secretary, and for some time took no share in public affairs, but he played an active part in 1708, which is referred to in a letter to him by Charles, third Earl of Sunderland [No. 79]. Nos. 80 and 81, both addressed to the Queen, set forth the Marquis's grievances and his reasons for declining omce. In 1711 he was a third time Commissioner to the General Assembly, hut was not satisfied with the posts offered to him [No. 82] ; and he retired from public life until the accession of King George I., to whom he had evidently made overtures before Queen Anne's death [No. 83]. Nos. 85 to 99 contain some interesting details as to how the rebellion of 1715 affected Dumfries and its immediate neighbourhood. No. 100 is a letter from Henry Dundas, Secretary of State, afterwards Viscount Melville, to James, third Earl of Hopetoun, in reference to Thomas Paine and his followers, while No. 101 is a long, graphic, and amusing account of the Coronation of King George the Fourth in 1821 , written by the Honourable Mary Hope Johnstone to her father, Admiral Sir William Johnstone Hope. Through the liberality of John James Hope Johnstone, Esq., of Annandale, the owner of the muniments here reported, I have been able to prepare two large quarto volumes, profusely illustrated, of the history of the Johnstoncs, Earls and Marquises of Annandale. The volumes comprise many charters connected with the early history of Annandale in the time of the Bruces, and also a large portion of the correspondence of the family of Johnstone. The Second Division of this Report includes the correspondence of William, 18th Earl of Crawford, president of the Parliament and Privy Council of Scotland, and one of the Lords of the Treasury in Scotland, preserved in the Annandale Charter Chest. Though it embraces a shorter term of years, it contains correspondence of much value as illustrating the civil and ecclesiastical history of Scotland consequent on the Revolution of 1688. The nobleman by whom the letters and 86 other papers now reported on were written, or to whom they were chiefly addressed, was William, 18th Earl of Crawford. He was a presbyterian both by inheritance and conviction, and his religions zeal for that form of church government was combined with a political bias in favour of the Revolution Settlement. It will be noticed that his letters abound much more in quotations from Scripture than those written by other Statesmen of the period ; but in this he seems to have been sincere. It is also observable from this Report that Lord Melville and the Rev. Mr. Carstares write in a more religious vein to Crawford than is common in their letters to others. Before entering upon a detail of this Collection of the Crawford Muniments, it may be convenient to explain briefly the circumstances in which this collection was deposited in the charter room of the first Earl and first Marquis of Annandale instead of the charter room of the Earls of Crawford and Lindsay. The Lindsays acquired the lands of Crawford about the year 1307, and adopted the designation of Earls of Crawford after the creation of the peerage in the year 1398. The Earls of Crawford held the peerage and the lands of Crawford down to the year 3496, when, owing to an arrangement between John Lindsay, sixth Earl of Crawford, and. Archibald Douglas, fifth Earl of Angus, who was popularly known as; " Bell the Cat," all the right of the Earl of Crawford in the lauds of Crawford was conveyed to Angus. Three acres only of the lands were reserved to the Earl of Crawford for his peerage. 1 After that, transaction the Crawford lands, which were previously called Crawford- Lindsay, were called Crawford- Douglas. The baronies of Crawford < Douglas and Crawford John were acquired by purchase from the Douglas-Selkirk family by Sir George Colebrooke, Baronet. He and his successors adopted the territorial designation of Crawford. But the Castle of Crawford, or Tower Lindsay, which was occupied by the Earls of Crawford, has long disappeared, and the site of it is now only recognised in a large grass-covered mound. The Earls of Crawford continued down to Ludovick, the 16th Earl, who died in the year 1651. His title of Earl was previously forfeited and conferred upon John, 10th Lord Lindsay of the Byres, who there- after was known as the 17th Earl of Crawford, and Avas usually designated Earl of Crawford-Lindsay and subscribed his titles as* " Crawford-Lindsay." Sir John Lindsay of the Byres was created a Lord of Parliament in the year 1445, and his successors were generally enrolled in Parliament as the premier barons. Sir William Lindsay, the first Lindsay of the Byres, was a younger son of Sir David Lindsay of Crawford, and flourished in the middle of the 14th century c. 1350. The barony of the Byres is situated in East Lothian. It was sold in 1609 by John,, eighth Lord Lindsay, to Sir Thomas Hamilton, who was created Lord Binning, and afterwards Byres was added to his titles. The barony was acquired by the Earl of Hopetoun from the Earl of Haddington, and the Byres now forms part of the East Lothian estates of the present Earl of Hopetoun. But in addition to the Barony of the Byres, Lord Lindsay had another barony in the county of Fife, called Struthers, which belonged to William of Keith, Marischal of Scotland, and Margaret Fraser his spouse, who, on 20th October 1380, granted a charter to their son, Robert of Keith, of the lands of Auchterutber Struther, now Struthers-Keith. 1 The Douglas Book, Vol. I., p. xl. ; Vol. III., pp. 155-157. 87 The Marischal, and his wife, granted in excambion the lands of Struthers for those of Dunnottar to William of Lindsay Lord of Byres. The rock and castle of Dunnottar in the parish of that name, thenceforward became the well-known fortress of the Keith family, and Struthers became one of the additional mansions of the Lindsays of the Byres. The Lindsays have held the Struthers as their principal mansion from the date of the excambion for Dunnottar in 1380 to the present day, Lady Gertrude Cochrane, the present owner, being a Lindsay in the female line through a younger brother of William, 18th Earl of Craw- ford. Part of the old castle of Struthers still stands as a ruin adjacent to the modern castellated mansion of Crawford Priory. 1 William, 18th Earl of Crawford, whose correspondence is here re- ported on, married, first, Lady Mary Johnstone, eldest daughter of James, first Earl of Annandale. Her conversion as one of the " court ladies " occurred at a field-preaching held at Duraquhair, near Cupar in Fife, close to Struthers, her own residence. Mr. Welsh, a minister of great reputation and talent, then preached to a congregation of eight thousand persons. His eloquence made such an impression upon her that it was never forgotten. 2 Through his first marriage Crawford became the son-in-law of James, first Earl of Annandale, and the brother-in-law of William, first Marquis of Annandale. The Marquis succeeded Crawford as President of the Privy Council. These two brothers-in-law apparently occupied successively the same official departments in Edinburgh. From their official as well as from their family relationship, it is probable that the Crawford Correspondence was deposited for safety or convenience in the Annandale charter chests in preference to those of Crawford. William, 18th Earl of Crawford by his first wife had one son, John, Lord Lindsay, who afterwards succeeded him as 19th Earl of Crawford- Lindsay, and also one daughter, Lady Henrietta Lindsay. Both are mentioned in a settlement made by James, first Earl of Annandale, shortly before his death, 1672. 3 After the death of Lady Mary Johnstone, his first Countess, the Earl of Crawford married, secondly, Lady Henriet Seton, daughter of Charles, second Earl of Dumfermline, and widow of William, fifth Earl of Wigton. In his correspondence Crawford extols the merits of his second Countess, and by her he had at least seven daughters. The birth of two of these daughters, twins, is mentioned in a letter from Crawford to Melville, 1 There is preserved at the Priory a relic of antiquity, being the ■walking-staff of James Sharpe, Archbishop of St. Andrews. The Primate was on his way from Edinburgh to St. Andrews on the fatal 3rd May 1679, when he was murdered at Magus Moor near Struthers. The Archbishop made a passing call at Struthers Castle, and accidentally omitted to take with him his walking-staff, and it has remained in the possession of the family ever since, first at the old Castle of Struthers and afterwards at Crawford Priory. It is a remarkable relic to be preserved in the family of the 18th Earl of Crawford, who is described by Bishop Burnet, in his History, as the most " passionate statesman " under King William for the downfall of the episcopal form of government and the establishment of presbytery. 2 The Rev. Professor James Durham, of the University of Glasgow, wrote a Book of Sermons upon the 53rd chapter of Isaiah. That work was first published in the year 1682. It was dedicated " To the Right Honourable and truly noble Lord, William Eari of Crawford," by the Editor of the sermons, who was the Rev. John Carstares, father of Principal William Carstares. Mr. John Carstares was a colleague of Professor Durham in the ministry. Lord Lindsay in his "Lives" makes special mention of Durham's sermons and the complimentary dedication to •Crawford by Mr. John Carstares. [Lives of the Lindsays, Vol. II., p. 143.] 3 The Annandale Family Book of the Johnstones, Vol. I., p. ccxlvi. sa dated 19th December 1689, in which he says that his wife has been safely delivered of two daughters, " and have presumed to give the name of our Queen to the eldest," and wishes " I could transmit with it that same dutiful respect for her person and government as is claimed to by the father [No. 123 infra,'] The Earl refers to the same subject in a letter to Carstares, and adds that if the other daughter had been a male he would have given the name of William out of respect to their King and Queen. The second Countess of Crawford had at least two sons to her first husband, the Earl of Wigton ; one of these, the young Earl, inclined to Jacobitism The Earl of Crawford interested himself in the education of his Wigton stepsons, and endeavoured to induce them to conform to the Revolution. In that matter Crawford and Melville appear to have acted jointly, and on 4th December 1690 Crawford intimated to Melville that he was to draw a bill for £200 to be applied for the behoof of his Wigton sons-in-law in the way arranged between the two Earls. 1 A casual expression used by Crawford in sending notice of that remittance to Melville has been employed by Lord Macaulay to expose the poverty of Crawford, but quite unfairly as after- wards explained. In Lord Macaulay 's brilliant History of the Revolution of 1688, the distinguished author says that Crawford " had a text of " the Old Testament ready for every occasion. He fdled his dispatches " with allusions to Ishmael and Hagar, Hannah and Eli," &c, and, "It " is a circumstance strikingly characteristic of the man . . . that " in all the mass of his writing which has come down to us there is not " a single word indicating that he had ever in his life heard of the New " Testament." 2 The u mass of writing " to which reference is made appears to be the letters of the Earl of Crawford addressed to the Earl of Melville, first printed in the " Leven and Melville Papers," and reprinted partially in the " Lives of the Lindsays." But the mass of writing recently discovered and included in this Report had not " come down " either to Lord Lindsay for his " Lives," or to Lord Macaulay for his History. If both the noble authors had been still alive they would doubtless have hailed the " mass of writing " now for the first time disclosed as having an important bearing on the writer of them. In these letters there occur many references to Old Testament history, but there is also evidence that Crawford had both heard of and read the New Testament. An instance of this is given [No. 119] where he states what he M thinks " it shall be with Christ's tossed ship in this land while I am a " passenger in it," &c. Another instance also occurs in Crawford's letter to Melville, 8th September 1685, where he refers to his concern about hearing the gospel faithfully preached. 3 Lord Macaulay further accuses Crawford of poverty and greed, and excuses his greed on account of his poverty. He says: "He was the poorest noble of a poor nobility, and that before the Revolution he was sometimes at a loss for a meal and a suit of clothes." 4 This is a vivid picture drawn by a masterly hand of a sturdy beggar destitute of the two necessaries of life, food and clothing. But it is not a true picture, but a mere caricature of the subject of the description. In the history of noble and baronial families in Scotland examples could be traced of great vicissitudes and changes. The lucrative office 1 Leven and Melville Papers, p. 580. 2 Macaulay 's History, Vol. Ill, p. 295. 1 Lives of "the Lindsays, Vol. II., pp. 429-430. 4 History, Vol. III., p. 296. 89 of Lord High Treasurer of Scotland was generally believed to enrich the holders of it. That high office was long held by John, 17th Earl of Crawford-Lindsay in the 17th century. But owing to the troubles of the times, and accompanying fines and imprisonment, lie left his estate greatly embarrassed. His son and successor William, the 18th Earl of Crawford, inherited an estate drowned in debt. He- might have repudiated these encumbrances, but he honourably under- took them and discharged the whole in full to the creditors. He did this, as he said, " to the best of fathers." It appears that his act of filial duty encumbered his estates during the greater part of his life. Although sometimes in straitened circumstances, he was always able to retain and reside at his stately Castle of the Struthers, where his gardens and policies had a great charm for his tastes. His correspondence shows how anxious he was in the cultivation of his grounds and gardens with particular kinds of trees, flowers, &e. When matters were some- times not going smoothly with him in regard to public business, he indicated that he might retire to his gardens, from which he was taken, and in which he had great enjoyment. A predecessor of the Earl, David the 12th Earl of Crawford, was so reckless and extravagant that he acquired the name of " the prodigal Earl." While a student at the University of St. Andrews he was often left without clothes or food but what his tutor, Mr. Peter Nairn, could procure for him " as his poverty and credit could serve." 1 That Earl's daughter, Lady .1 ean Lindsay, having run away with a common " Jockey with the horn," or public herald, lived latterly by begging. 2 By a grant under the Privy Seal, 4th June 1663, King Charles the Second provided her to a pension of £100 a year " in consideration of he>. eminent birth and necessitous condition." In a separate work reference has been made to the fate of the first Earl of Traquair who had held the high office of Treasurer of Scotland. Having lost his office of Treasurer and his estate of Traquair, he was looked upon by Cromwell with a kind of pity, and he set the Earl at liberty. By that time, however, he had suffered so severely in his fortune that Bishop Burnet says he saw him so low that he wanted bread and was forced to beg, and it was believed that he died of hunger. 3 These instances, chiefly in the Lindsay family, show the poverty which overtook several of its members. Other instances are given in the Lives of the Lindsays. As King Charles the Second granted succour to Lady Jean Lindsay, who had not been quite exemplary in her life, the chances are that if the case of the 18th Earl of Crawford, the chief of the house, had really been so desperate as represented by Lord Macaulay, King Charles the Second would have had compassion on his poverty and relieved him in the same way as he did a begging member of the house of Lindsay. But the truth is the 18th Earl of Crawford was at no time of his life the beggar for a meal or a suit of clothes, as represented by Lord Macaulay. When he married the eldest daughter of the first Earl of Annandale, he, then Lord Lindsay, obtained a provision for himself and his wife, and on his own father's death he succeeded to the old inheritance of the Struthers. On the occasion of his second marriage with the Countess of Wigton his income must have been increased by participation in her jointure ; and it was in connection 1 Lives of the Lindsays, Vol. IL, p. 50. 2 Ibid, p. 51. 3 History of the Earls of Southesk, Vol. I., p. 127 ; and Bishop Burnet's History of his Own Time, Ed. 1823., Vol. L, p. 40. 90 with his interest in her two sons, the young Earl of Wigton and his brother, that Crawford made a payment of £200 for their benefit. It was in the letter of Crawford intimating the remittance that he used the expression of the £200 being worth more than he was possessed of at that time, even if he were stripped to the shirt. 1 It is this shirt that the exuberant fancy of Lord Macaulay has converted into a suit of clothes for which he alleged the Earl begged. In regard to the other expression of begging for a meal, the same exuberant fancy has converted a not uncommon expression of a statesman, when thwarted in his measures, saying that he would rather beg his bread than support measures which were repugnant to him. As to the other charges made by Lord Macaulay against Crawford, particularly of cruelty; he refers to the torture of Henry Neville Payne, an Englishman, who was actively engaged as a Jacobite agent in plots against King William. The king was led to believe that Payne was such an adroit plotter, and knew so much of his co-plotters, that if he were induced to confess, his evidence would lead to the hanging of a thousand culprits. The king and Melville, as secretary, granted a warrant, signed by them respectively, for the apprehension and examination by torture of Payne. That warrant was transmitted to Crawford as President of the Council, and he had no option but to obey it as a royal order. But he mentions in his report of the examination, in his letter to Melville next day, that it was against his own natural feeling, and that several of the members of Council dis- approved of it. Happily it was the last case in Scotland of the application of the torture for the purpose of extorting evidence. Another historian, contemporary with Lord Macaulay, was the late Mr. John Hill Burton, whose " History of Scotland " is much quoted. He refers to the description by Sir David Lindsay, Lyon Herald, in his " Satire of the Three Estates/' of the features of a moss-trooper, when engaged in his special business of lifting horses and cattle away from the Borders in the distant county of Fife. He asks a brother there " Which is the right way to the Struther ? " " I wad give baith my coat and bonnet to get my Lord Lindsay's brown Jonet." In a footnote the author, Mr. Burton, explains that the Struther is Anstruther. 2 ^ This is a mistake. East and West Anstruther are two fishing villages on the east coast of Fife, totally separate and distinct from the inland stately mansion of the Struthers of the Lindsays. Mr. Burton presented to the writer a copy of his History, who, in acknowledging it, mentioned as gently as he could the mistake as to the Struthers. Mr. Burton accepted the correction, and asked a continued contribution of any other mistake which might be discovered in his History. Referring to the Muniments in this division of the Report in order of date, that which appears to be the earliest is No. 180, a draft of an address to King William, but referring to him only as Prince of Orange. The phraseology is obscure, but apparently the Earl of Crawford had been summoned to or wished to attend the conference of Scottish Peers and others who met in London in January 1689, but was so overcome with excitement that he was unable to continue his journey from Scotland. The paper, which is in the Earl's own hand- writing, shows his peculiar style ; and, above all, it expresses his most earnest desire to uphold the Presbyterian interest. His wish was 1 Leven and Melville Papers, p. 580. s Burton's History, Vol. IV.., . 167. 91 gratified as lie was in due time appointed President of the Parlia- ment, and afterwards had the same post in the Privy Council. In May 1089 [No. 102 infra} the Earl's friend, Lord Melville, also a strong Pi esbyterian, announced his own appointment as sole Secretary of State for Scotland, and henceforth the two earls were to work together for Presbyterian church government. At the same time [No. 10 f] Mr. Carstares also wrote in the most friendly terms praising the Earl's moderation. Nos. 105 and 107, letters from Sir James Dalrymple, first Viscount Stair, are particularly interesting, as he appears to have considered Crawford worthy of an explanation of his relations to Church and State, which contains the germ at least of what afterwards appeared in Dalrymple's "Apology" [Cf. More's edition of Stair's Institutes]. In No. 112 he expresses his attachment to his "mother church." Nos. 108-110 from Lord Melville in July and August 1689 show his anxiety on the subject of church govern- ment then trembling in the balance, and his desire to obtain only what can be obtained in "a cleanly way." A letter of same date [No. Ill] from a Banffshire minister, shows the spirit of the Episcopalian ministers against whom proceedings were instituted by the Privy Council, and many were turned out of charges chiefly because of their Jacobite sympathies [Cf. Nos. 181, 182]. The Earl of Crawford was credited as the promoter of the severities against the Episcopalians [Cf Nos. 114, 118], but he defends himself [Nos. 120, 130] from the charge [Cf. Nos. 128, 129] ; and it was probably owing to his official position that the charge was made. He certainly, however, was strongly opposed to the Episcopalian party. An " assembly " of ministers, though not a formal Church Court, met towards the close of 1689 \_Cf No. 117], but it was adjourned, much to the grief of Lord Crawford. In No. 122 we find him expressing an anxiety for^ a reassembling of the Parliament, and in No. 126, about the same time (January 1690), foreboding the possibilities of Episcopal ascendancy. A matter of lighter import, but in which he was much interested, also occupied his mind at the same date, namely, the obtaining good grafts of fruit trees, as to the number, variety, quality of which, and the method of their conveyance he gives very careful directions [Nos. 184, 185]. In No. 131 the Earl details a very minute arrangement which he desires to make with a correspondent as to the safe transmission of news letters. It appears from a letter of Mr. Carstares and Lord Crawford's reply [Nos. 118, 119, also No. 123], that the " black box," as the receptacle of Government despatches was called, was by no means a safe vehicle for letters, and that these were opened, delayed, or never forwarded, so much so that Lord Crawford declares he would rather write by the "common post." In the present case the letters are to be sent by common post, but with all manner of precautions. It may here be noted that the writer of an intercepted letter [No. 143] charges Lord Crawford himself with tampering with the Scottish post office. In Nos. 134, 135, 138, 140, 141, and 186 we have letters from Crawford to Melville and others as to the expected Parliament, and in some of these letters the Earl expresses his Presbyterian views very freely, and gives his opinion as to the various parties in Church and State. The letters for the first half of 1690 are not numerous, but in one, No. 144, we have Lord Melville's views of affairs at a critical period, and his desire for moderation in dealing with all debated matters. As is well known, he was High Commissioner to the Parlia- ment of 1690 which established presbytery as the form of church 92 government most agreeable to Scotland [Cf. also No. 188, the recom- mendations of a meeting of ministers and others as to stipends, &c., which were embodied in an Act of this Parliament]. In No. 148 we have a copy of the instructions to the Commissioner to the first Assembly in 1690. No. 155 contains the draft of another long letter to the King on ecclesiastical and other questions. Another follows [No. 158], dated 6th January 1691, in which he asserts, in defence of himself and in reference to the charge of severity against the clergy, u I never concurred to the throwing out any of the late clergy except when their obstinat disaffection to your Majesties government was both visible and dangerous." One Act obtained by the more zealous Pres- byterians was that [No. 190] appointing a Commission to visit the four universities and test the professors by requiring them to accept the new form of church government. Lord Crawford was President of the Commission, and the Acts and other papers briefly noted in Nos. 191 to 214 of this Report attest its vigour in 4 * purging" the three southern universities, at least, from Episcopalianism. As appears from No. 193, they extended their operations to the parish schools also, especially in Fifeshire. The latest, No. 214, if not exaggerated in its details, is a curious revelation of the laxity of university discipline in Aberdeen. One result of this Commission was to set free from the Principalship of Edinburgh University, Dr. Alexander Monro [No. 195], who went to London [No. 151 (4)]. The letters and papers for 1691 are more secular in their character, but cot less interesting. The ill success of the Assembly's committee for visitation of kirks in the city of Aberdeen is detailed in Nos. 217, 218. So great was the opposition that the commissioners did not again attempt a visit to the northern city for three years, notwithstanding the petition to the Assembly of 1691 [No. 236] which, however, can scarcely have represented the true facts of the case. In No. 159, a letter from Sir William Bruce of Kinross, and relative papers [Nos. 219, 223], illustrate very sufficiently the embittered rela- tions between parties, which prevailed for some years and rendered the planting and settling of churches difficult. The papers show the views of both sides and need not be commented on here. See also Nos. 225 and 234 for incidents of a similar character. Perhaps the main features of the correspondence of 1691 here reported on are the letters from the Highlands, especially those from Colonel Hill. As indicated in No. 156, and from other sources, the Colonel was a Presbyterian, and perhaps on that account wrote more freely to Lord Crawford. In any case a letter (writer not identified) addressed to Sir Thomas Livingstone [No. 157] attributes the unruly stale of matters in the Highlands to episcopal incendiaries. No. 160, from James Stewart (apparently an officer at Fort William), written from Glasgow, 3rd June 1691, comments on Hill's efforts to pacify his district and obtain submission to the Government. The Camerons, he says, have yielded, except Lochiel, who, however, is giving plain proofs that he has no immediate hostile intentions. The Stuarts of Appin and "some of the McDonalds of Glenkoe " are also named. One thing the writer specially pleads for is a supply of religious ordinances for the garrison. About the same time Colonel Hill writes giving information as to some movements of the rebels in landing provisions at Ellandonan Castle, and gives the first indication of his views as to Lord Breadalbane's plans. " I should have had much more of the people under oath had not this provision ship and my Lord Broadalbins designe hindred, which I wish may doe good, but suspect more hurt 93 than good from it ; for my part, hereafter, if I live to have geese, I'le set. the fox to keepe them." In No. 163 he gives further intelligence as to the provision ship. As is well known, Lord Breadalbane's proposals- were that a pardon and 12,000/. should be given to those Highlanders still in arms, and that pensions should be paid to the chiefs for furnish- ing a certain number of clansmen for military service. King William, and his Scottish adviser, Mi*. Carstares, appear to have approved the plan, but the Highland chiefs did not trust Breadalbane, and one unhappy result Avas the massacre of Glencoe. Colonel Hill's desire for the pacification of the Highlands was sincere, and his methods so far successful, while he appears to have been trusted by the chiefs. Two letters [Nos. 169 and 171] from Lieutenant-Colonel James Hamilton (afterwards implicated in the Glencoe tragedy) are interesting in this connection, as they seem to breathe a different spirit from his superior's letters. In Nos. 170, 172- 174, we have Colonel Hill stating to Lord Crawford and to the Earl of Breadalbane himself his opinion on the latter's negotiations, and supplying some reasons for their failure and also for his own opposition to them. These letters come down to the end of the year 1691. There is a complete blank in the correspondence for about two years. Lord Crawford having retired into private life, and when it does resume the letters are of less general importance. Three letters [Nos. 175 to 177] from Secretary Johnstone at this period call for no special remark, but in the earlier he mentions the appointment of Lord Lindsay to the command of a regiment, and in the latest he praises the conduct of the Assembly. In No. 179 Lord Lindsay mentions his father's death, which occurred on 6th March 1698. DIVISION I. — State and Official Letters chiefly to and* from William Earl and first Marquis of Annandale. 1690-1715. 1. A Narrative by a prisoner in the Tolbooth of Edinburgh as to the proceedings of the Highlanders and other rebels about 1690 : — "When Lieutenant Colonell Grame went to the Hillands from the Milltoun of Abercarnie, he hade with him Captain Dobi, Lourance Drumund, David Graem, Andrew Simson, Stephen Als, a servant of the minister of Minidies, Duncan McGruer, William Roy, elder and younger, John Graeme, George Malcom, William Reoch, Peter Gra3m, naturall son to James Graeme, aduocat, Arthur McNeill and William Borthick, servants to Lieut. Colonell Graeme. "We joyned with Canon at the foot of Glenlyon. He had with him Clawers brother, Lieut. Colonell Graem off Buchwaple, Newtoun Edmistoun, the Laird off McNachtan, Captain Thomas Dunbarr y Ballaichen and his brother and ther two sons, Strovvan Robertson, Mr. Charles and Mr. George Edwards, Mr. James Levell, Lieut. Colonell Fountain, Captain Maxwell, elder and younger, Kindroggen in Stra-earle and his servants, Major Duncan Men[z]ies, Collin Campbell, Diudruin a Fife gentleman, Captain Murray, to a by name called Cockie-Murray ? on Mr. Menies who lives about Edinburgh, Gourdie off Kinloch who lives near to Dunkell, Spoutwalls at Scoon, Peter Philp who lives at Forggen, on who was called the Barron, ane Atholl man, on Mr. Lang 94 -vvho lives at Edenburgh, on Kobert Martin ther, Mr. David Drumund, let chaplain to my Lord Madertie, on James Drumund, son to Cop- nalindies chamb[er]lane, on Heckfoord, ane Englishman, Mr. Boyes, ane Irishman. From this we marched to the south side of Loch Tay, and from thence to Buchwhidder and gathered abcut three hundred men with the McGregors, and cam doun to my Lord Abruchels land, on Alexander McDonald comanded the foot being guided by the McGregors and Newtoun Edmistoun and tooke away a spreath of cowes and sheep, and caused som houses to be set on fire as they returned. The Lard of Lenni met Canon with bread and cheis and a botle of biandie, and made all the officers eat and drink. From thence we marched to the Bridge of Turk, from thence to Minteeth, and ther we cam to the number of six or seven hunder foot and thirti four hors, being guided from thence to my Lord Cardress land by Doeherie Grami and his son, Newtoun Edmistoun, and Grasme of Buchaple. As we marched by Garturr befor the sun was up, the lady and ane servant woman of hers brought out meat and drink to Canon and the rest of the officers. The Hillandmen tooke away a spreath of hors, cowes and .sheep, and plowndered all the tenents houses and set a great many houses on fire. As we returned from the perrsute of the dragouns, I heard Spoutwalls abou designed say that he hade killed on of the dragouns, and I saw a hors that he hade brought back with him ; so we went away with the spreath to the pass of Aberfoyle aboue Minteeth. The sam night the Hillandmen went away with the spreath. On the morrow we marched to Kilmahogg. The same day Buchan joyned us with the figur of three troups of hers, on off which belonged to himse[l]f, the second to the Earle of Duraferling, the third to my Lord Frendret. The men of not[e] that wer ther are these, Livtenant Colonell Ratray, Livt. Colonell Oliphant, my Lord Dunkell, Leth[i]ntie, Captain Straton, a son of the Laird of Lowristouns, Captain Scot, Captain Cameron, Captain Orchard, three French men, George and Peter Ratrays. From Killmahogg we tooke our journey to Braemarr. As we marched by the garrison of Finlarigg, halfe a mile besouth it, at the foot of the hill ther lives a gentleman, — what he is, the governour of the garison can tell, — he brought out a great many botles of eall and brandie and treated all the officers, So we marched through Atholl but not a man joyned us till we cam to Braemarr ; ther Inrey and his brother gathered about eight hunder men with the Cromarr men. Bendallach joyn'd us below the Castell of Abergeldie with ten or tweiv hors. As we marched from Cromarr to Don-side the Laird of Hallhead Gordon joyned us : ther we pursued the Master of Forbess down throught the Garioch. As we marched by Pettoderi he treated the officers at his house. The Laird off Buchoyn desired Buchan to take a glass of wine with him ; but he refused, and called him a bougger becaus he did not rise to assist us. That night I heard that my lord or my lady Eroll had writen to Buchan ; what it was I cannot tell. At the bridge of Dee, Sir Peter Frazer cam in with about twelf or fourteen horsmen. On the morrow my Lord Inerury cam with six or sevin horsmen, the Laird of Meldrum, Fedret. Sir William Keith let Laird of Ludwharn and the present lard of Ludwharn, Petfoddells Menies. As we cam through the Merns, ther cam in the sherreff of the Merns and his brother let gouernour of Dinnoter, Baggertie, the Laird of Ardess, the Lard of Minboda, the Laird off Glenbervie. At Fetercairn my Lord Frazer cam in with about eighteen hors ; from thence we cam to Catieshillock wher I heard that Craiggmile was com to the camp. From thence we marched to Auchloyn, from thence to Cromarr, thence to Stredon, there Glenbucket 95 the Laird off Belldornie and the Laird Dauidstoun, who lives all three near to Cabberoch [Cabrach ?] from thenee to Stradown, thence to Knok-camoch, thence to Forress. Ther my Lord Down cam into the camp and I saw other two men riding with him, as we marched from Forress to Nairn, the one as I heard was my Lord Duffess and the other Killraak. From thence to within two miles of Innerness ; ther was on Borlom, who lives above Innerness, who cam in to us. From thence to Orchard, ten miles aboue Innerness. The minister of that place cam in to the camp and told which way we should go to Glenmoris, and the Laird of Glenmoris stayed t wo duyes with us and went away. Glengerrie stayed two dayes and went away. When we was in Lochabber I heard that my Lord Seforth had writen to Buchan that he wold joyn him as soon as he could* The time that we was in Lochabber they did what they could to perswad the clans to rise with them, and they refused doun right. Locheall and Cappoch stayed two dayes with us and went ther way. From Lochaber to Lochtereagg, from thence to Auchallander in my Lord Bredalbins land, from thence to Glendocher, — the Laird of Lochdocher, my Lord Bredalbins brother, stayed two dayes with us and the Laird of Apen stayed two nights. From thence to Buchwhidder, wher I tooke the opertunity, with other four, and stoll away in the night with hors and arms, and cam to my masters fathers. The week after I cam from the Hillands, Lieut-Colonell Graeme cam down with a parti of hors to take me. It being the time of super I was serwing at the table, and he cam in befor 1 was awar and sayes to me, You base rascall, why did ye desert the Kings armie, and without more words he taks his pistolls and strok me twice on the head, and called to his men that they should take me forth and shot me : and if it had [not] been for the lady and her daughters, they had certainly murthered me. And he told when he went away that I should not brook my life. The aboue named William Roy, younger, deserted King Williams serwice from Pearth to Glenamond, and stayed with a friend of his for a space, and joyned Lieut. -Colonell Peter Graeme as he went to the HiJlands. Ther was on George Drumund, a naturall [son] of the Laird of Petkellenies deserted from my Lord Cardress dragowns, and joyned with the McGregors (when we was in Lochabber) and joyned with them at the ploundering ©f my Lord Polios land. Ther was another, as I heard, deserted from the Master of Forbess, called Mackdougall. Thes are all the deserters. Ther are allso on Captain Ramsey, and on Lieutenant Ramsey who was Lieutenant in Colier's Regement in Holland, who cam over for recruits, and George Buchan, a newoy off Major Generall Buchans. Thes are all the names and titles off the aboue designed gentlemen, so farr as my memorie can reveall to me at present, as witness my hand writ and subscription, within the tollbooth off Edinburgh, the twentie fift of October l m vj c nyntie yeares." " Will. Reoch." 2. Letter. Mr. Archibald Sinclair to [the Earl of Annandale] referring to riot at Dumfries. Edinburgh, 23 February 1692. " My Lord, I had nothing to write the last post but the tumult att Dumfries, quhich I hear the Chancellor gave account of by a flieng pacquet. These people are as mad as ever and want not incendiaries to foment their distemper, the symptoms wherof may perhaps break out when the weather turns more seasonable. Leask went of yesterday in coach, and Dr. Canaries took post with Mr. Kenneth in the afternoon If the Doctor "had not come down the busines of the conformists had certainly gone to ruine, for Mr. Leask begun to quite his ground on the Presidents fair insinuations. I shall not take upon me to question his honesty, 96 but his head seems too narrow for so weighty ane affair. His con- stituents have laid strict and peremptory commands on him not to yeild one point further than what is agreed to," &c. [With this letter is another, dated London, 27 February 1692, from Secretary Dalrymple to Sir Patrick Murray, apparently relating to the same thing. ". . What you insinuat not to prosecut too warmly the madnes of thes people, I do aggry with yow. They ar fitter for Bedlam then a scaffold. Thats not the way of treating persuaded bodys, bot they must be keeped from doin themselfs and the nation harm by ther rableing and protestations,'* Ac] 3. Letter. James Johnstone, Secretary of State, to the Earl of Annandale. 22 March 1694. ". . . If the Assembly succeed, I hope we shall have changes, provided your uncle leave us. . . ► I am sensible enough of the state of things, and doe not at all think your resolution of going to the countrey strange, if matters continue as they are. . . . the good changes here will certainly in time put our affairs right, T have noe doubt of it ; but at first they wrong them, because till we shall be quit out of the dread of the high church party, the more we anger them here, the more we please them elsewhere. The Duke in his fitts has done me all the hurt that it is in his power to doe me, and when he has done all, he is willing to be friends. Nothing has been said to him of me by others, nor thought by himself, which he has not brought forth against me ; not to me, he knows I ansuer, but to others, and all because I would not be for the inciting of the Parliament and more cesse. I doe not know that after all he has done me any great hurt. He is only successful in doing himself and bussiness hurt. However, I would rather be a porter then live such another winter with him ; nor, were it to save my life, will ever I again be at the pains I have been at to oblige him, ... to be true to things, and indeed to himself," &c. 4. The Same to the Same. 29 March [1694]. . . . Your uncle- has now taken off the mask, as you see by the Instructions to the Assembly ; and yesterday he joined with the Master of Stairs before the King in arraigning his own acts, and there was a great sputter about the horses and armes of Nonjurants. He said none of his ploughs could goe and the west countrey breed of horses would be lost &c, and he and my coilegue were mighty zealous in the matter of the oaths for fyning &c. and would have them put to all heritors, which was delayed upon a word I said. The Duke reckons himself broke with the Presbiterians, and so gos in to the designe of a new Parliament. He looses himself here with all sorts of people, friends as well as enemies." He adds that the Duke [of Hamilton] is to leave London shortly. He also thinks that Annandale's going to the country may have a good effect. [On the same day, the Secretary wrote to the Countess of Annandale, promising that her husband should have preferment as soon as possible.] 5. The Same to the Same. 27 April [1694 ?]. . . . " My sister has written to me about an election in your hands. I know you are pressed for one who is not to be thought on. I know him well. I press you for noe body. I am sure you can chuse better then I, but if my writing to you will deliver you from the importunity of others, then, pray, consider Sir G. Eliot, Mr. William Baillie, James Baillie, Bayllie Meinzies, or whom you will, Dirleton if you please ; but I wish you could pitch on a speaking active man. If the first be not shye to dip. 97 and that you like him he could be verry usefull, but I tell you I writ only to give you a handle to shun others I am now delivered of the I)[uke] of Leeds who has been heavier upon me these three years then all England besides. Farewell." 6. The Same to the Same. 25 December [1694]. "The Queen's condition is such that you can expect noe answer. The king has cried these 2 days ; never man shewed such concerne. If it be the measles, as they now hope, it will be quickly over. I own you have reason to be concerned at the king's way. But I must tell you, once for all, that if you cannot bear with mortifications, you can have nothing to doe with this Court for you will meet with them over and over again. They are my dayly bread. I said all at first that you say still, and its like he knows, or will be soon convinced that there is noe right in the case nor is Melvill's credit (which is little or none) at bottom. But it seems at present he will declare himself as little as he can. What is done he will not hinder, but will neither approve nor disapprove till he see further. . . . He has his rules and often verry hidden ones, if you can comply with them, you can serve him ; if not, you can not, he will not part with them. You see he is to chuse which hand to turne to. ... I alwyse thought on getting the Justice Clerk and you up and to prevent church matters, and were I in your place, I should have been glad of it. And upon the matter, points of honour apart, any king who is in suspens what measure to take may keep his servants from anticipating his measures. To tel him what strugle you have in counciil were to throw down the weight that your nomination has given with him ; so impossible it is for you at such a distance to judge of matters here. In a word, if you be called up, there will be noe necessity for an approving letter . . . and then you will know the king, and he you, and you will know matters at bottom, and then you may take your resolution as to the future." In conclusion, he refers to the king's intentions as to Sir Thomas Livingstone. " The king says that tho Sir Thomas goe for some moneths in the summer, he shall be foack in the winter, and he is to continue commander-in chief. To tel you the truth, unlesse Sir Thomas serve in Flanders, he will sinck in the king's opinion." 7. Draft Letter. The Earl of Annandale to [Secretary John- stone] n. d. circa December 1694. " Tho I had busness to give you, I confess I am nott capable att thiss tyme to woritte off itt, for I am struck and confounded with the sad and deplorable account off the Queen's condition. Iff wee must loose the best off Queens and the best of women, itt is a heavie judgement. And, pray God, we may take warning, we have been trysted with singular and greatt providences, and I fear have nott considered them as wee ought ; and when there is annie mixture in our cupp, wee may justlie say wee deserve itt, but I cannott persuade my selfe off the worst, and must still hope tho with greatt feare and impatience, for iff we loose hir the consequences are dreadfull and inconceavable. Thiss is a subject soe large and gives such variettie off thoghts that 1 will nott offer to woritte off itt, onlie give me leave to say that itt were fitt there were som body heare with a character to oun the king's busness in soe critticall a juncture. I sincerelie upon my oath tell you I mean nott thiss for my selfe nor upon my own account ; itt iss that the king and the nations busness may be weell [sic], and annie sincere and deserving man employed, I shall bee weell pleased and assisstant in my station. I need nott minde you haist good newes to us, iff itt shall please God." / 93550. P 98 8. Secretary Johnstone to the Earl of Annandale. 3 January [1695]. The letter is unimportant, but in a postscript he writes : "I know noe ground to think that Ranquillor will be my collegue, lesse or more. I wrot once to one to know his caractere in case of such a thing ; but that was in case I desired it, which I never so much as intimated ; is he in with the Dalrymplcs ? " 9. Lord Yester, afterwards second Marquis of Tweeddale, to the Earl op Annandale. 8th January 1695, from London. He would have written sooner, but " the sad welcome we got at our arrivall here, will, I hope, in part excuse it, it being the only thing I could then have made the subject of a letter; all persons thoughts being wholly taken up therewith, as you may easily imagine ; and I likt not to be the first to give you notice of a misfortune, I knew could not be but most sensible to you, as one who would consider it ane irrepairable loss to thes kingdoms." In regard to another matter he had been sent by his father to the Secretary, for though the king had not yet admitted any one, " yet your lordship knows where there is a great deall to be done, thos concernd must have theire thoughts upon it how to take theire measure ; and it is some;, advantage that there is time for it, which was never more needfull than now, it being upon what hes occurd impossible yett to judge what byass matters here will take, which, what ever it be, will undoubtedly have som influence on our affairs, and therfor would be understood befor they cane be entered upon." After some com- pliments he adds : " We have a club meetts now and then at the Eomer in Channell-roe, where yours at Grahams is not forgott, and the Old Laird hes as considerable a part as he used to have in it and acts full as well. If he were by me he would furnish me with som thing to say for him better then I cane ; therfor not to spoyle his complyment, I had best leave it to himself and give you no more trouble," &c. Signed " Yester." 10. Secretary Johnstone to the Earl of Annandale. 12 January 1695. The first part of the letter narrates the presentation of the Council's letter and the Chancellor's interview with the king [referred to at date in the former Report], and after further reference to Annan- dale's nomination, &c. the writer proceeds : — " The King said that he would enter upon our bussinesse so soon as he could bring himself to businesse. The ministers here must choose their f's or k's ; they cannot shun. Mr. Cumin, I find, grew jealous at first and has been on his guard and it seemes will be wise. Its like too, he is not on the secret. The others in short either tel the dissenters here the truth of some men or not, and they are either for turning out those men or not. If the not be the case, then they betray the cause they came for ; if they be for the yea, as they say they are, and as they ought to be, then, as I have told them, they are betraying those men ; for to be with men every day, breaking their bread, making and returning their visits, accepting their confidence, concerting with them, giving them advices, all which they own in effect to me, and yet to be endeavouring to ruine such men and to be telling the truth of them, is dounright treachery ; we in the world you know reckon it so. This is told them, but either they doe not nor Avili not understand it; and there is much repentance and apologies, but noe amendement. My collegue, I say, runs not to their chamber for nothing. He tells them that he will doe any thing they will, and complains mightily that English bishops should medle ; but to the bishops, he says, that he has gained them to consent to a new settlement, and indeed makes them the strangest wretches that ever 99 were heard of. He has gained one point in ruining their reputation. For Mr. Carstares, I thought at least he had more sense ; the Chancellor and all others have taken the allarme. Dunlop talks to me like a changeling ; I know not whether to be angry or to pity him. Speak to Mr. Eirskin and some of the discreetest of their constituents, that if they doe not authorize this, they will think on remedies and speedy ones too. If they doe authorize it, I will medle noe more in their concerns, — farwell. On a separate slip of paper, the writer adds : J* 12 January 12 at night. Since I wrot, about 3 hours agoe, I am told the ministers are resolved to be wiser ; so delay at least till the next post the use of my letter, except in discoursing to some of the discreetest of the ministry as from yourself ; and, pray, thancke the Chancellor ; he has been zealous and true to you. You see there wanted only time and opportunity, — farewell." 11. William twelfth Lord Eoss, to the Earl of Annandale. London, 26 January [1695]. He believes the king is to return to Kensington and will be accessible to all. " So soon as any bussiness is done heir, 1 shal acquant you. We are tuixt hopes and fears but mor of hopes. We expect our freinds on the road nixt week ; I hope they shal come in good time. We often mind your health in good wine, and last week at the Secretaire we took a great load, wher ye wer kindly minded. Honest Whitlau is not forgot among us, and I hope ere we part from this he shal find it," &c. (Signed) " Rosse." 12. Lord Chancellor Tweeddale to the Earl of Annandale. London, February 2nd, 1695. " . . . The Justice Clerk, Sir James Ogilvie and Sir John MaxAvell arrived here on Wednesday night and kissed the Kings hands on Friday, and he was pleased to ask them of their journey, which they said they made in thirteen travelling dayes, and that the way was verry goode," &c. (Signed) " Tweeddale." 13. Ex-Secretary Johnstone 1 to the Earl of Annandale. London, 18 May 1696. " . . . . The English laughed so at the rumour of Melvill's being Chancellor that he was it not. There is still a danger to have him president of the Councill, and if he be willing to be that, Queensberry will be Privy Seall, and Argyle will have the Guards. Thus matters they thinck will be ballanced betwixt the two parties, Polwart being Chancellor, and Whitelaw to be President of the Session, as they hope. This they thinck will unite both parties in the next Session of Parliament. The Secretaries doe not at all trust me, nor doe I thrust myself upon them . . . The first of them would have you out, but it is not the Kings way for the sake of his own jugement to put one in toeday and out toomorrow. The parliament will they hope meet in September, and my Lord Murray will be Com- missioner. The fate of the managers and of Scotch bussiness for some tyme will depend upon the successe of the session ; they would have a cesse for some years. ... If any sure bearer be coming to the Baths or to London, where they will find my brother, pray, let me know the present disposition of people with relation to the next parliament. . . . As to myself I am about getting leggs of my own to stand on without the Court. The lesse a man needs value them, they will value him the more. I leave this place in June, but 1 will be back here all 1 Although taking some interest in affairs, Mr. Johnstone was out of office at this date. G 2 100 winter. The king knows I will not goe abroad. If I once have footing here, boulls will roll strangely but I shall be in a capacity of being of some use to you and other friends, which you will find me verry fond of in due tyme : but to be nibling, when I can doe nothing to purpose, were mean and ridiculous. 1 wish you would keep a short journall of what passes as to publict maters and how men change or hold firme. Farewell." 14. The Same to the Same. Bath, 22 August 1696. " . . . I will be backe at Ilinton [Islington] in the beginning of September, and before that we shall see further and be more able to resolve on what you advise with relation to Scotland, where I perceive the managers are more affrayed then they need be. Its strange, if considering their present disposition, they doe not oppresse both you and my Lord Whitlaw with promises which they will never performe. I know somewhat of their reall intentions as to both, if wine may be trusted, which ordinarly tells truth ; tho I own, when sober they pretend other things. . . I doubt not but if you have patience and doe nothing to lessen your interest in the country, the Court will need you, and then they will doe you justice ; but at present and during this sett we are now under, if they make you advances, its only grimais, for they thincke that you and they are incompatible, as I believe you are," &c. (Initialed) "J. J." 15. Thomas Livingstone, Viscount of Teviot, to the Earl of Annandale. London, 8 May 1697. Chiefly as to his peerage and private affairs. " . . . . Nixt weeck and I beeleve in the beginning I go for Flanders. Mr. Jhonston, my Lord Strachtnaver and I are just now a drincking your Lordships helth. We have no great nieus, but it is lycke quickly some great desyngne as said is the Frens have opon Flander will bracke out, having made a fint to bring the greattest part of theer forsis to the liyne, who of a suddain apear in Flanders ; and I fear befoor we kan be reddy, will besiedge some plasse, witchs wil make some alteration in affaires. 1 shal sumtymis importune your lordship with the lycke of this sort of scribbels, and remain my dear lord, your lordships most humble and faithful servent." (Signed) '* Teviott." [There are a considerable number of letters from this nobleman, but they contain so much of his own private affairs and so little historical matter that very few extracts can be giver .] 16. The Same to the Same. London, October 30, 1697. [He had been to Flanders in the interval.] He had received two letters from the Earl, by Lieutenant- Colonel Forbes and Colonel Magill, but missed a third. " Sutch of the antient nobility, my freends, as are heer, doe not feal to use means so as another may come in my plasse to comand in Scotland. But I defey them ; for was it for no other reason but to oppose theer ill desynges, I shal returne to Scotlant again. The[y] have been with Sir David Coljaer, assuring him that if he pleased thee would procure it to him and make it both advantagius and easi to him. I ame satisfyed there bee no answer from the earle, until we see what suay maters take and hoe bussinis wil be setlet. The king heath said he wil go to Scotlant to be crouned, and none that I kno doubt his going. Your lordship knoos befoor nou that thrie regiments in Scotlant are brocke, in witchs I have had no hand in, for it was done befoor I see the king. Some people are under a great recentment and beleeve it my doing " The king's reason fur breaking these three regiments is to make room for two battalions of Guards and Colonel Row's regiment of fusiliers. 6i I can say nothing as to bussiniss. This wynde will 101 certainly bring the king. I kan no ways be of ane opinion your lordship should thinck of going abroad befoor bussinis are setlet, for that was looking from it and necessitating the king to give the manage- ment of his affaires in thoes peoples hands. Theer wil be tyme when we see somwhat clearer, for I doe not doubt of alterations, and patiens overcoms menny difficultys." 17. The Same to the Same. London, 4 November 1697. "... The king is not compt as yit. Some thincks he may stay some days longer opon the account that some of the Protestant princes have not signed the peace, when it was done betwixt the Emperor and the king of Frane, opon the account of restriction that heath been put opon theer freedom of religion, witchs formerly they injoid. This is the Emperors doeing and a jesuitical inventione," &c. 18. Andrew Fletcher [of Salton] to [the Earl of Annandale]. London, 11 November 1697. Referring to his process of count and reckoning with Aberlady, before the Court of Session, and explaining why his accounts are " not so fdly instructed as in law they ought," which " must be imputed to the losse of my papers during my for- faulture. For even in my frequent absence abroad, ther was not the least omission in all these affairs," his papers being then in the care of H Mr. W. Fletcher, a man very well known for his ability and honesty. . . . But during the late disorders which wer as hard upon me as most men, not only several instructions but even Mr. W. Fletchers compt book was lost. . . . Now it wer very hard if in such a case, no reguard should be had to equity, or that your lordships should not supply by your authority what is defective wher ther is probable ground for it. It is all I plead from the justice of the nation to be used with equity in difficultys, which have been consequences of my having suffered for it. Since I shal not have the happyness to see you till it be in great company, pray, remember me some times at your club at Gremes, as my Lord Teviot and I do you hier," &c. (Signed) " A. Fletcher." 19. The Viscount of Teviot to the Earl of Annandale. London, 19 November 1697. "... Our antient nobility heer are doeing what thee can to represent your lordship and others as so oneasi, that it is not [possible] to get the kings bussinis in every particular done, because of your standing in the way of it. I ame lyckways ane eysoor to them, and mutch pains is taken to have me remouved. The gentelman who learnet his eloquence and wisdom at the Scots barre is theer champion and to breack the yce first. What this wil worck I kno not . . . but I judge thee wil fynde themselfs mistaken At the kings entering the Citi of London, theer weare great and wonderful doings, sutch as I did not imagin could have been ; and at the plassing or rancking the nobilitys coatches, the Earle of Tillibardin having spocke to the marshal to have the rancke befoor the worthy Earle. of Argyle, the latter disputet it so ffir as the marshal caried them both befoor the king, who decyded it in favours of my Lord Tillibardyn, with whom I was in coatch and see all the fray. The rest of that day ended peacably for as muts [as] I kno. ... It seems the noice heath been at Edenburg that I was slain, and as I heer by Jedbrug ; but if I live til that bee, I thinck I shal not dey suddainly," &c. 20. John Murray, Earl of Tullibardine, Secretary of State, to the Earl of Annandale. Kensington, 22 November 1697. " My Lord. — Tho the insurrection and barbarities committed in the north are 102 the government's concern as well as my particular, I cannot but thank your lordship for your carriage in haveing every thing done effectually, and in pressing the sending of the forces to Perth and Dunkell." He is anxious that the Scottish troops should not he disbanded till the trouble in the north is suppressed. There is to be a new establishment of the army. " His Majesty has a mind to keep up as many forces as formerly, and the English will maintaine the troop of guards no longer. I belive we shall have all Flanders regiments, for the king thinks they will doe best service that have seen much. The French king is not hasty in delivering up the towns, and they say is taking on our dis- banded officers and soldiers," &c. (Signed) " Tullibardine." [The first clause in the letter relates to the outrages committed by the Frasers of Beaufort on Lady Lovat and family, to which casual references only are made in this correspondence.] 21. Ex-Secretary Johnstone to the Earl of Annandale. London, 27 November 1697. " . . . Your Highland disorders are made a gest of here, and have been turned so that my Lord T[ullibar- dine] suffers by them. ... As for your rambling designe \_see No. 16 supra] I am not at all against it, and I can give you advices about it how to doe it to great advantage and with small charge and little tyme ; but you take no resolution in that till the next session of parliament with you be over, at which I suppose his Majesty will be present. However, you should in the mean whylle have one to teach you French, for without language a man is a child, and you may learn it on pretince of reading books in it. . . . There is great caballing here against a standing army, but the majority will be for it. The next point will be against the French and Dutch regiments, but they can hardly refuse the King his guards . . . There is a working against the East India Company with you," &c. 22. Lieutenant-Colonel Robert Eeid to the Earl of Annan- dale. London, 30 December 1697. Chiefly relating to the regiments to be disbanded. " All that I find is designed is half pay for the field officers and the captains who have served abroad . . . I am doing all that can ly in my weak power for all the captains in my Lord Lindsays regiment. By what I cann find ther can be nothing done for the poor subalterns. The bussiness of the Enderlochie [Inverlochy] regiment lyes as formerly, but the first audience my Lord Tullibairne hes of the King, one way or other it will be determined. He is very much for the standing of the regiment that is there, but the King having passed ane promise to the Prince of Vademong for Brigadeir Maitland . . . it is thought the King will not alter his resolutione, and I think Maitland' s regiment will be there. This bussines of my Lord Sunderlands, people knows not what to say of it. Some talk that he is in as much favour with the King as ever, and that it is to please the House of Commons who were angry with him, that it is done, and some people do talk otherwayes." The Earl of Albemarle is expected to succeed. He fears the parliament will not alter their resolution of breaking the army, but they will provide for the officers. Lord Teviot is ordered to Scotland speedily. (Signed) " Ro. Reid." In a post- script he says : i( I heard it from ane member of the House of Commons that this day some of the members were violent for staging of the Earle of Sunderland, but having quitted his places it was crushed." Lord Gray of Tankerfleld is spoken of as his successor. 23. Thomas Hay, Viscount of Dupplin, to the Earl of Annan- dale. London, 4th January 1698. , . My Lord Teviot and 103 Tullibarden . . . arc as weell togither as aney tuo cane be, assisting each other all they cane, which I was very ueell pleased to see . . . I shall nou only for want of Scots neus, tell you that my Lord Sunder- land, Sunday was eight days, layed down his whyt rod and went to his cuntrie house Fryday last." The writer recommends his friend and tutor James Hay of Carribber to Lord Annandale's good offices, he having a lawsuit with Sir William Bruce. He also states that the King had conferred on him the honour and title of Viscount Dupplin. He signs " Thomas Hay." 24. Sir James Ogilvie, Secretary op State, to the Earl of Annandale. Whitehall, 5th January 1698. His letter chiefly states that he believes the tack of the customs will be very lucrative this year to the tacksmen. In a P.S. he writes : " Wee have had the greatest fire at Whitehal was ever seen. It al brunt doun except the bankating house and the Earl of Portlands lodgings, bot both are much damnified." (Signed) " Ja. Ogilvie." 25. The Earl of Tullibardine, on same date, writes : — " Yester- night about four a clock a fire broke out in one of the garrets at Whitehall, which burnt so furiously that it hath consumed all the king and queens apartments, the chappell, and all that was worth the standing at Whitehall, except the banquetting house." 26. The Same to the Earl of Annandale. Kensington, 15 January 1698. He had been supping with Lord Dupplin " where were the Lord Teviott and Mr. Johnston, and where we did not forgett your lordship." Lord Lome's and Lord Buchan's regiments are to be disbanded. " I intreat you and other honest men will prevaile with the ministers to recal Mr. Carstairs. You kno what a man he is, and tho there is not much feare of him now that Portland is gone, and (if all who understand the court be not deceaved), will never returne in iavour, yett it is all interests as well as the churches that such a secrett enemie be taken off. The king has apointed Monday to receave the African adress, Adieu." 27. Colonel Archibald Row to the Earl of Annandale. London, 18 January 1698. " I arrived heare one Friday. . . . They had like to have plaide me a tricke, but I dont wondare, since some people will doe aney thinge to serve there oune ends. Sir David Colliare spoake to the kinge that his regiment shoulde have the ranke of mine in Scotland, because it had it in England and abroade as being ane Englishe regiment ; and there was so much respecte payed to the antient kingedoome, that true borne Scotts men pressed the kinge to give the ranke of a Scotts regiment in its oune countrey to ane Eng- lishe regiment, which was tuelve years younger, and the Scotts regiment established by acte of parliment besides." A letter to this effect had been laid before the king, who however deferred the matter. (i One Sunday I gott nottice, and yow may immagine did not make a smalle noyse. They are now ashamed of the thinge, and some greate men, whoe reasond for it before now, wondare that any bodey coulde thinke of suche a thinge. ... I begg your lordshipe will order some bodey to looke the recordes in parliment aboute the timme of Bothewell Brigg, when the regiment was raised, and lett me know what the acte sayes about the establishment, but without letting any one know." He then refers to the new army establishment. He signs " Archd. Row." 28. Thomas Livingstone, Viscount of Teviot, to the Earl of Annandale. London, 20 January 1698. " The bussinis of Enverlochi 104 is yit ondetermint . . . But the doeings of this parlament doetfr so mutch take op the kings thougs, that litel is done in Scots affaires. Rou hath a verry good reputation and 1 wisch he wear theer ; if thee great apearence the antient nobility doe make with theer interest at court doeth not take him of, as it heath done others alreddy. My Lord Linsay is aryved, and I have put his bussinis in a fear way ; yit the Earle of Argyle, I am told is for Lord Forbis, tho he persuads Lindsay to the. contrairi. It shal not be my fault, if he get it not. The king was not pleased with the Earle of Mortons comming from Scotlant whitout aquainting the counsul or chanselar, would not admit him to the kissing of his hands, and ordered hee should goe back to Scotlant. But the Ducke of Queensberry, taking this verry il, saing it is leffeled at his Grace, is to take of the kings anger hoe soon his father-in-lau is burried. All other Scots affaires are mutch at quyet sins the Earle of Portlant went away ; only Sir James Ogelvie is very bussi, looses no tyme or occasion, witchs others doe. ... I hope the Affrican Com- pany wil be pleased with the ansuer to theer adres. 29. The Same to the Same. London, 15 February 1698. . . . " The antient nobility beginning to slacken in their great ondertakings and promisis puts bussinis at a stand. The Englis parlament is verry trobelsome and ongrat to a king that heath done so great things for them. Frans makes great preparations, both by sea and land, to what end is oncertaine to most heer. This should make Eng- land to be opon theer guard, but instead of that, nothing but braking the army and no preparations by sea. . . . It is lycke some bussinis may come about, for the king kan not wel continou to alou Ogelvie to act with that insolence as nou he doeth. Everything done in his moneth is onderhand and by trick and artifice, makes not one step whitout advyse of Castaires and the antient nobility, and imposes sadly opon the others, who is my great admiration." In reference to his proposed purchase of Lethington, on which a price was to be considered, he says : " 1 hope it shal not be meddelled whit whitout ane indisputable ryght, and not beyont the value for it. . . Monny, as I ame told, is scars in Scotlant, witchs should make lands easi. The house is ane ould one ; no improuvements of gardings or orchars about it. Thoos things kan not be wantet and wil cost large soumes to make them. So I hope that will be mynded." 30. James Johnstone, formerly Secretary of State, to the Earl of Annandale. 22 February 1698. "... The party here had pro- mised every thing supposing the king would be doun. Nou that not being probable, they are at a losse and full of fears, and Carstairs is sent doun to feel pulses. If he be used as he deserves he will not stay, nor have tyme to corrupt people or misrepresent honest men, which his stay will give him a handle to doe. It is not the nations interest that the king should goe doun, being in the hands of such men. They would assume to themselves the credit of that which his presence would doe, and so perpetuate themselves. If vigour be shown, and the diffi- cultys be to be really such in parliament, as letters from Scotland represent them to be, there will be a change of hands," &c. 31. Draft Letter. The Earl of Annandale to [the Earl of Tullibardine]. 24 March 1698. That Lord Whitelaw proposed refusing a pension conferred on him. " Besides, thiss pension wold be butt a verrie elusorie and ineffectuall busnesse, for no such pensions allmost are paved. Besides, iff he goe nott thorrow stitche he must 105 nott expect to enjoy even the name of it t long. Soe I should be sorrie they had itt to say that they had carried him by with a bable. . . . The first and onlie visitt I ever had in my life from Commissary Dalrymple, I receved thiss day. He told me the king had made him President, and that he desired to live weell with all, especiallie with those who had the honor to be on the benche. I told him I did expect allwayes ane other President, and I wes sorrie for the dissapointment ; and that annie who had inclination to live weel with me, I wes nott to give them reason to doe otherwftyes. Thiss wes the subsistance off what past in reference to thiss matter ; onlie, he sayes thiss comes to him unexpectedlie and what he wes nott asking. But you are to beleve thiss ass far as you please." [The Earls of Annandale and Tullibardine were very desirous that Sir William Hamilton of Wbitelasv should have been made President of the Court of Session, and Tullibardine took the failure of his schemes so much to heart that, as will be seen, he resigned his office of Secretary.] 32. Patrick, First Earl of Marchmont, Chancellor, to the Earl of Annandale. London, 31 March 1698. " The newes which came from there of Commissarie Dalrymples being appoynted President of the Session were verie surprising. I now understand that the king had resolved sometime befor, and that he declared it, and sent down the letter before my comeing hither, of purpose to prevent my reasoning with him upon that subject . . . Since it is done, there is no more to be said. My Lord Tullibardine is vexed and troubled at it. My endeavour is to qualifie him, and to rectifie his measures, which doe not please me, and I fear if I prevail not upon him the consequnces may be bad." He trusts Lord Whitelaw will do nothing rash or unbecoming. He has had one audience of the king and is to have another. " I will endeavour to acquite my selfe both honestlie and prudentlie, in giving my opinion to the king, still remembring, as becomes a subject, that counsel is no command," &c. Signed " Marchmont." 33. James Johnstone, formerly Secretary, to the Earl of Annan- dale. 2 April 1698. Nothing of moment has as yet passed between the Chancellor and the King. " Whitlaws and Tullibardins affairs will doe more hurt to the Kings affairs in England then with you, tho with you enough, but a little here is more than your much. When a thing is done, it must be believed; but I could never beleive it, till it was done. The Advocat was the man intended, but it would not doe. Tell Whitlaw from me that he has spirit and circumstances to bear such a disappointment, which is more than the thing," &c. 34. John, Earl of Tullibardine, to the Earl of Annandale, Kensington, 3 April 1698. Announcing the appointment of the Chan- cellor as Commissioner to the Parliament, and asking the Earl to propose some one as President of Parliament. He adds : " I understood plainly by my Lord Ruglens letter . . and also what you hinted in your oun, that it was your opinion I shoud lay doun [office], which J. hope, I have done in so honourable a manner, that my frends will not only aprove of it, but continue the closer to me, since I have by this action showen myself so much for the true interrest of my country and the honest men in itt," &c. 35. Patrick, Earl of Marchmont, in a letter dated London, 14 April 1698, writes : "I "am heartilie sorrie that my Lord Tullibardin hes takin such a way as you have heard of. It lies been contrarie to my opinion and earnest advice, and I am like wayes verrie sorrie that 106 my Lord Whytelaw ties, as I heard, sent back the letter of pension to my Lord Tullibardin. I can perceive no good tendencie in these methods." He advises the Earl " to dispose my Lord Whitelaw and others to act kindlie and heartilie in the king and countries affairs, as if the surprizeing things, which have latelie happened had not fallen out, and then I am sure things may yet goe well," &c. 36. The Same to the Same. London, 26 April 1698. The king has been busy. " He goes tomorrow to Windsor to give publict audience to the Swedish Ambassador, who made his publict entrie thorow the citie this day to the house appoynted for him in St. James's Square." The writer again expresses regret that the Earl and Lord Ruglen had persuaded Lord Whitelaw to reject his pension. 37. Sir Gilbert Eliot of Minto, Clerk of the Privy Council, to the Earl of Annandale. Edinburgh, 10 June 1698. , . By a letter I saw yesterday I think the Dutches of Lauderdale, for upon the fourth instant after great convulsion fitts in the morning, she was become speechless in the evening after frequent relapses into these fitts," &c. (Signed) " Gilb. Eliot." 38. Thomas Livingstone, Viscount of Teviot, to the Earl of Annandale. 10 November 1698. There are new rumours of war, and new French plots against the king. 6i I doe not beleeve that my wel wischers have anny good ground to say that I ame not to come back to my command again. Sefeeld, as I am told, gives it out that he is sure I shal quit, in witchs he is migtely mistaken. But this is done of desygne, thincking that it will displease the king." He refers to a report that Bamsay is to command in Scotland, and he himself to be employed in England. He has served the king with sincerity and zeal, although he is credited with having made great profits, and with holding the most beneficial post in the three king- doms, and making 30,000/. sterling. He appeals for consideration. He might have made advantage by the commissions, but as to this he appeals to the broken officers themselves. " Menny that should heer this would say I was but a fool for my pains, and as sins it is beleeved, it is the same whether I have done so or not. But ther I differ from them. Yit it is somwhat hard to be beat with the spit and not teast of the roast." . . . "Horribel whedder wee have heer of frost and snoo. In Hollant theer heath been so mutch sno, that theer was no traveling. In Frans the wyns are spoiled, so make good provisions in tyme. Take this as a certainty, for I have it from good and impartial hands," &c. 39. James Ogilvie, Viscount of Seafield, Secretary of State, to the Earl of Annandale. Whitehall, 4th January 1699. He believes the king has returned to Kensington, but has not yet seen him. " We have received a very sad account of Jamison and his crew [Darien Expedition] by Captain Mackclean and Captain Forbes, who are arrived hear in an English ship from Jamaica. Captain Forbes says both Jamison and Starks ships arrived safe at Darien, and that they continued for some time ther, that they had provisions for all their number for 3 months, but by accident one that was drawing brandy did fire Jamisons ship, which containd most of their provisions ; and that they were necessitat the next day to come aboard of Starks ship and direct their course for Jamaica, but were much straitned for want of provisions on ther voage ther ; that a great maney dyed befor they reached Jamaica, and that maney dyed after they landed ther, 107 and those that -were alive engaged themselves in service ; that they were kindly and civily entertaind by the Governour and that Pennycooks ship is laid up ther, and Captain Mackclean, who com- manded her, left ten or twelve men to take care of her. This is the soum of what they both say, save that if they had had either private credit or money, they would have got provisions ; and that two sloops came to Darien after the proclamations with provisions, but that they wanted money or credit to give them." The writer believes this account to be true, but the Earl will see if Lord Basil Hamilton " gives the same account of this matter, for no doubt he will writ to the Company," &c. (Signed) " Seafield." 40. Thomas Livingstone, Viscount Teviot, to the Earl of Annandale. 5th January 1699. His letter chiefly comments on the Earl of Argyll's dealings with the forces in Scotland. In a P.S. he writes : " My agents brother, Hamiltone, being concernet in a ship that transports men to the plantagions, nou leying near Glasco, heers that theer heath been a stop put to the transporting of volentari men. He heath had a great number onder pay this whyle by past ; desyres your lordships favour in casse it corns befoor the counsul again." 41. James Johnstone, formerly Secretary, to the Earl of Annan- hale. London, 20 January 1699. He would have answered the Earl's letter sooner, but could not get a bearer. " As to what passed in Parliament with you, I never condemn a friend without hearing him; and nither can I hear you, nor you me by letters. I am sory to hear of the condition of the countrey, and thincke strange that noe publict representation has been made to the king of it. Had that been done, there had been a clause put in the corn act here with relation to Scot- land and other remedys too were practicable. Were I in your place, I would have the merit of moving in Coimcill for a representation ; tho it will come late, it may have some effect. I hope the new Secre- tary will bring this with him, if it be true in fact that the countrey is in a bad condition, which our countrey statesmen are willing to seem not to beleive. Seafield once told me that you were to be encouraged ; if it be so, I shall hear of it and then beleive it. What vacancyes are now made or filled I know not, but those lately made in your councill have done the king's affairs more hurt here then I thinck Scotland can well make amends for; so politically was that change tymed and palliated. Affairs here speak more then I can writ. You may imagine the scene here. If the bill passe (and I believe it will) the Dutch and Erench must goe and we shall have 7000 men to trust to, and if it be rejected we shall have noe troops at all, for we shall have noe money, and you know all troops, without consent of Parliament, are in tyme of peace by the act of Settlement, against law. I have been from town a moneth, and two from Court, and so cannot say much. I saw Mr. Douglass t'other day, who is now the chief man on whom the New E. India Company here relye in setling of their trade in the Indyes, but our Company thought him not worth their employing," &c. 42. James Ogilvie, Viscount of Seafield, to the Earl of Annandale. Whitehall, 31 January 1699. Expressing a desire to continue in friendship with the Earl and to do him service; also intimating to him the gift of a pension of 400/. sterling. Lord Car- michael has been appointed conjunct Secretary. " I shall make it my endeavour to live well with him, and it will be all our intrests that are 108 ini ployed in his Majesty s service to agree togither and to shunn all occasions of difference. The Justice Clerk or Sir John Maxwell will be treasurer depute; the Earl of Lauderdale is general of the Mint. The Earl of Lowdon is made extraordinary lord of the Session, and the Earl of Marr is made captain of Stirling Castle. The President and Philliphaugh each of them have got 200 pound of pension. I hope this will convince your lordship that his Majesty has followed out that measure, which you formerly approved of, by encouraging those who served him faithfully, and by discouraging such of his servants, who openly opposed him in what he only desired for our own security and preservation." 43. James Johnstone, former Secretary, to the Earl of Annan- dale. 10 April 1699. " . . . As to the African Company, it was from the beginning the work of Providence, and it seemes Providence will carry it on ; and, therefore, I suppose will give its instruments the necessary wised om of sending men and provisions so as to be there before August, otherwise unlesse Providence doe miracles, that is work without means (which it has not done for many ages that we know of) the thing will be lost. I shall not trouble you with my reasons, but only tell you that J have such as the company know nothing of, having seen all the accounts given by their enemyes and those sent to undoe them. You will nou ask what may be expected in case they have succours and provisions in tyme. My first answer is that come what will, your Caledonians will be in a condition to treat and to have cent, per cent. I will warrant you, to goe elsewhere (if they can doe noe better) when it appears they cannot be forced. Its a jest to expect that the Spaniards will suffer thern there, if either money or force can get them away. They will allow them as soon to settle at the gates of Madrid ; and yet others are to be dreaded more than the Spaniards. Thus, however, if the Caledonians have sense, you subscribers cannot loose your money, which I beleeve not long agoe you . could not have got ensured at a considerable losse. But nou as to the successe of the bussinesse, if they really can be put in a condition not to be forced (which seems to be the opinion both of friends and enemies) ; when the world is convinced that they are in such a condition, which they will be if attempts upon them faill, then a jugement may be made of it, but hardly can any be made at present. Much will depend upon accidents, and if some happen which I and much wiser men doe beleeve will happen, I make no doubt but this nation will gaine in the bussiness, which will produce an union in trade betwixt the two kingdoms. You will laugh when I tell you that before you get this, you will hear that some new mark of favour is put on my Lord Portland, or that he has left the court or both. The other has nou both Dutch and English bussinesse more in his hands than I thinck he cares to mind. If you can beleeve people, Portland goes this day to his lodge at Windsor, and from that whither he pleases. Suppose that true, matters with you will continue as they are for a whille, but changes will come. . . . You cannot but observe the strange spirit that is rising in this nation. A new parliament is much under consideration here; but I never heard that a king of England mended matters in that way," &c. 44. Thomas Livingstone, Viscount of Teviot, to the Earl of Annandale. London, 11 May 1699. " . . . The king is at present at Winsor, where the Earle of Portlant heath been, sins his retreat from court, at the lodge his lordship heath theer as ceeper of Winsor Forest. 109 . . . It seems that earle heath a mynde to retyre himself for good and all, for opon Saterdays night he delyvered op the key he woore as groom of the stool, and, as 1 ame told, heath quit the most of the rest of his plassis. It loocks and is thought theer is some misterie in this, for it apears od that so long in favour and done so great services should so of a suddain retyer ; but court maters are misterius, so 1 shal not meddel with judging of them. ... I kno not what our steatsmen intend to doe, for thee are great secritaris. We are told that the Affrican affaire is not to suffer by President or Advocat. The Spanish ambassador, as it is said, by instigation of the Frens and the Emperors, heath given in a memorial against it, to witchs the two abof mentioned have made ane answer," &c. 45. The Same to the Same. London, 1st June 1699. The king is going abroad. There has been a meeting between the English and Scotch about the African business, but he did not know the result. The two secretaries and others go for Scotland, when the king goes. " I intend after a winter campagne at Court to go and play myself a litel in summer. . . . My Lord Portlant doeth not frequent the court in publick, conies sometymes ons a weeck to his lodgins at Whythale and goos to the king in pry vat. Our secritaris adreessis to his lordship as yit in Scots bussinis. Some say that wii not les loug eather," &c. 46. James Johnstone, late Secretary, to the Earl of Annandale. 5 June 1699. " . . . As to my Lord Portland, what may happen is uncertain so as to be positive about it, but in all probability he will be quickly out of bussines as well as out of places. He says himself that he is only to finish what was in his hands, and upon this foot the affairs of Scotland and France were in his hand?, till the king went. Still he says he will not refuse to serve the king upon occasion and he has reason. The king owes him £30,000 for his embassy to France. But that a man shall throw up his places, and yet resolve to continue in bussiness is nonsense, nor does any man of sense here believe it. Its more likely that he come into places again, but even that can not be without exposing both the king and himself." The writer then warns the Earl against various rumours that were abroad about him, especially one that he had offered his services for undoing the African Company ; and he advises him, even if he has given no handle to such a report, to watch over his actions " with relation to that company with more circumspection than otherwise was necessary. For whatever become of the company, any Scotchman that shall have an hand in undoing it will be detested by all mankind, and therefor it will be a great misfortune for any Scotchman to be suspected of it, however innocent he may be. I know your zeal for the Company, and showed your letter (which came seasonably) for a proof of it. I know you are not capable either of the villany or foliy of acting against it. But by this you may see what enemies you have. I wish you may find out who they are," &c. 47. [Correspondent uncertain] to Earl of Annandale. London, 15 June 1699. The first part of the letter comments upon the heart- burnings and dissatisfaction of those in offices of State. " . . . Who shall succeede Earl Portland in the degree of a minister is not knowen. There are severalls guest at, but with no great ground of certaintie. Only one thing is certain that it will be ne're a one of the old blades, who understand affaires. They will not heare of coming in. And 110 indeede it is generally owned that they think not any eminent English- man is consulted with. ... As for what relates to owr African compani, you already know from the fountaine. But it is expected here that all our countreymen will stick cloes to it as that upon which the weell or ill-being of our countrey much depends. Your friend, the Duke of Hammilton, I am told, setts up mightiely for it as that which will render him very favorable to the nation. Here has been a terribl fire hes burnt neare 300 houses, and being upon the brink of the water below bridge at RedrifF, took hold of the shipps and has burnt 7 or 8, whereof it is saied one is a shipp of the King and some other con- siderabl shipps. It is a sadd thing to heare of the frequent murthers committed here. Hardly one day passes without some one or other. Without ceremonie. Farewell/' 48. A Letter to the Earl of Annandale from the same person, dated 15 August 1699, beginning " My deare Chieff." The writer's son has so fully represented the Earl's active friendship that he desires to express his gratitude, and he is resolved to give the Earl an account of affairs, of which he should not be ignorant. He then proceeds: " I must in the meanetyme acknowledg that the sum of affaires in many things, especcially what relates to the king, is such as gives me, who love him and his interests as weell as I doe, no small trowbl in my thowghts, that renders the writeing of them non of the most pleasant undertake- ings. Your lordship is not ignorant of the proceedings of the last parliament, and that reflecting on these yow may easily perceave what was aimed at, even the changing of servants, and, in one word, the takeing new measures in the administration of affaires. They who reflect upon what hath beene don sine, or rather upon what hath not beene don, think there is nothing beene don that they aimed at or may tend to soften or qualifie them against next sessione. It is true, Admiral Russell (I showld call him Eaiie Orfuird) is owt, but he turned himself owt. Mr. Pelham is turned owt of the treasurie. But he was not aimed at. Upon the contrare, the Howse [of Commons] likt him, and indeede he was in a sort the only man of the kings servants who had the credite with them to promote things in the Howse for the Cowrt and did it often very dexterously. The Duke of Leeds was not aimed at, but was rather becoming a favorite of the Howse. The Cowrt is sencibl of this. For though it was endeavored many wayes to make himself lay himself aside, yet he wold not ; and now everybody denyes theire accessione to it. All the Cowrt endeavored to make it pass as if he had turned himself owt; yet he has made the whole world know the contrare. The greatest men come hardly neare the Cowrt. Duke Shrewisberry (who is perfectly recovered) Earl Rochester and the like, absolutely decline comeing into bussieness. The common peopl are madd at his [the King's] custome of going over thus every yeare. The whole sinewes and administratione of the Government seeme to be slackened. The disbanded seamen and soldjers become tumultuows and insolent, the whole manners of all peopl corrupted, the whole rodes infested miserably with robberies, and the citie full of dayly murthers. The chancelar is indeede a greate stay to the government by the diligence and practice he observs in his charge and by his moderat and sober advices. The members ar much provockt by this, that the king shewed himself much enclined to dissolv this parliament, and the cuttd speech he made them at parting sticks divilishly in theire stomachs. The chancelar prevented that it was not then dissolved, representing (whfeh is in every mans mowth) that the next wold be worse. It is hard to say after all, but he may yet dissolve them. It is not thowght he will Ill be here befor November, nor is it thowght that the parliament will (if at all) meete a greate while after that. Mens pulses must be felt, and accordingly measures taken. It it litl dowbted but they will take up again the bill of resumptioune, and recall all his grants of forfeited estates, in ordor to which commissioners have beene dispatcht to Irland ; and ar now makeing vigorows enqwirie into the value of them. Nay it is feared (which God Allmighty prevent) that the rife jealowsies they have contracted of his partiall disposition e to the interests of Holland and Dutch cowncells, will prompt them to a vote that the crowne of England and the statholdershipp of Holland ar incompitibl in one person. Nay, owr litl bussieness of Darien is like to come into the scales. Nobody sees any prejudice to England by it, except the Spanish merchants, who feare an embargoe upon theire goods and shipps by Spaine. It is litl dowbted that what Sir Paul Rycote did at Hamburgh proceeded from Dutch contrivance. Nay, it is now beleeved to be influenced by French cowncells. The Spanish embassadore never had an ordor from that court to give in that memoriall he did give in. This jealowsie may work much to the advantage of that affaire next parliament here, if those concerned ply it right. To conclude, certaine it is, all circumstances being considered, there never was so hott a winter in tyme of peace as this is like to be here. Greate alterations must certainely ensue, to what side God only knowes ; and how farr they may extend to owr affaires I shall not presume to guess. The favorites and men in trust here will keepe the gripp als long as they can; like men in a storme perhaps run to any shore. If any other thing occurr you shall certainly know it, thowgh I will not presume to give yow any advice what provisione is to be made against so imminent a tempest," &c. 49. The Same Writer to the Earl of Annandale. London, 21 October 1699. He is very desirous to find a •'mutual! concerne " between the Earl and the Duke of Queensberry." " Our cowntrey is at present very low and tending to worse, I feare. I feare also that few ar sensibl of it, and fewer regard it. Yow two have a great stake in it, and I am very sure if yow stick together, you shall be abl to doe what you will in it, and I hop, support it. . . • The King, after he has tryed to make Earl Sellkirk your cosen a soldjer and a cowrtier, and a commorade and a statesman, and that he finds omnipotencie was only abl to doe these things, he now is to try how he is qualified to be an Embassadore. He is to goe to Denmark and Sweden. The jests that pass on this occasione cannot be written, they loose theire edg in writeing, but they ar very pleasant. But the misirie is there is no so much as one of them to his advantage/' &c. 50. Patrick, first Earl of Marchmont, to the Earl of Annan- dale. Polwarth House, 23 October 1699. He is well satisfied with the part the Earl has acted in the council of the African company. <{ I doe confess it is a nice business, and you know wee have reason to be very warrie of giveing umbrage to those concerned in that business, whom wee know to be well -affected to the king and the government, and from whom wee may hope for some good assistance in the most important pairts of the kings service, especiallie seeing there are certainlie some among those of that council who have designes quite cross to ours as to the cuntries entrest and the kings service. But I perceive that some motions there have been such as your lordship could not say or doe less nor you have. And if I had expected what you met with and had been giveing you my opinion, I could not have 112 advised you other than what you have done." He will write to Court and asks for further information. In a postscript he writes : " I heare of an adress from the company to the king on several heads, one to call the parliament and of another to the privy counsell to joine in the former. I wish to prevent or disapoint the last if we cannot stop the former, as it is dangerous in generall and may be prejudicial! to the company." If his staying from town will cause delay, he will not return so soon as he intended. 51. The Rev. William Carstakes to William, Earl of Annan- dale. London, 24 October 1699. " .... I doe not doubt but this businesse of Darien occasions much discourse where your lordship is, but I hope things are not at such a passe as that his Majesties servants shall be affraid to check seditious discourses and actings against his Majestie and his government. I confesse your lordship and others have a difficult task at present, but I hope neither your lordship nor they shall be losers by vigour in your dutie to the king/' &c. 52. James Ogilvie, Viscount of Seafield, to the Earl of Annandale. Whitehall, 2 November 1699. The king is very well satisfied with the Earl's services in the council of the African Company. " My Lord Duke Queensberry, my Lord Carmichael and I have this day both presented to his Majestie the adres of the councel of Calidonia and the petition of the councel -general. His Majestie did express himselfe verie fullie and plainlie and he knows how this hes been caried on. Houever, he hes givne a verie smoth ansuer to this purpose, that he regraits the loss the nation and the companie hes sustained, that he will protect and incurrage the tread of the nation, and will take cair that his subjects of the kingdom of Scotland shal have the same freedom of commerce with his English plantations the[y] ever had formerlie." The parliament is adjourned till March and the king expects no address from his privy council at present. The writer trusts the Earl will use his " endeavours to alay the prossent ferment." 53. James, Second Duke of Queensberry to the Earl of Annan- dale. 2 November 1699. The company's address had been presented. The king is satisfied with the Earl's behaviour ; he considers the address too hard upon him but has " given as good an answer as could be expected ; and if this be receved with submission and gratefull returns, I beleeve he will doe much more then he has promised. He is verry sensible that some have desseins of making this nationall misfortune a handle either to thrust themselves into his government or engadge a great part of the kingdome into King James's service. If the company will suffer themselves to be made tools off, they will certanely ruine themselves and loss the advantage that wee have good ground to expect from the king by a prudent and dutifull carriadge towards him. You'l think it verry strange noe doubt when you hear that our cousin [? Lord Basil Hamilton] has valued himselfe at court highly for haveing protected the government from the handes of the rabble by his presence at Edinburgh, and at the same time offered his service here, when (as we are told) he was doeing it to the company in so remote a place as Caledonia." The King is not pleased that others have spoken verry cavalierly " of him and his government, and he expects the privy council will prevent such " insoiencys," and punish those using indiscreet expressions, &c. 54. Letter, unsigned, to the Earl of Annandale. 21 November 1699. He will lose no opportunity of letting the Earl know what goes 113 an. "But all must be to yourself at least for the most part, or very trustie friends. You very well know I want not eminent and active eniemies, and such as will not stick, when it will serve turne, to call eares horns." The writer refers to the House of Commons, newly met, and which was called upon to consider first the King's speech. A member urging the necessity of this, added, "but that the House was not yet full enough. The Howse was not very thinn. However, this took like moore burne, as we say, and accordingly the Howse was adjourned as you understand. It was told me this day by a man of much converse among men of bussiness, that the King of Spaine the more briskly to owne the angerie and angering message delivered by his Embassadore here, has promoted him to an eminent post. That he has commanded away both the English and Dutch Embassadors from his Court ; and that he has sent orders to the Netherlands that no Hollanders be enter- tained in his service there, but in theire place they engage any of any other natione they can, with some other things that very apparently tend to a breach. As also that the French king demands of Englaud to some of the most important islands in the West Indies, now in the possessione of England, restored to him as belonging to him, and such they ar too, as the virtuosoes in trade say the restoreing them wold infallibly ruine the English interest there. This is constructed as picking a quarrell, and if it be true (which a litl tyme will discover) is certainely so. Certaine it is, the French King was never so strong and consequently never more desyrowse of a quarrell. It is also thought that the Duke of Savoy is thoroughly engaged with him, and that the two "Northern kings will at least look on, it being saied as certaine that they have lately gott money from him. Nor is it unlikely too, that his canning may foment the sparks of discontents betwixt them, so, as to ripen it into a warr betwixt themselvs or at least to raise theire mutuall jealousies to that height, that though they wold, they cowld not spare any assistance to any other to his prejudice. Thus, my deare lord, you have what comes to my hand. Tyme will discover the truth and event. Nor ar there wanting who will tell you that all these things ar but the inventions of the Cowrt to make a necessitie appeare of giving supply. I had almost forgott to tell you that it is also told that the States General of the United Netherlands did sitt now thrie or fowr dayes and even nights (as they talk) beyond theire ordinary ; and of this the talk is somewhat too reflecting, as if it had beene for adviseing the king in the present exigencies of his Government here ; and I'l warrant ye, they give it the most opprobrious expressione, and call it giveing him instructions. But this must undowbtedly be a calumnie, for no doubt while he was there, this was (if requisite) sufficiently adjusted, and there is no new emergency which might occasione any chang or alteration of measures. Fare weell. 55. The Same Writer to the Earl of Annandale. 25 November 1699. The Commons are to consider the King's speech on Monday. " No body can fet know how bowls will runn, only there is a greate apprehensione among people that they will runn high. It is saied that men decline much the embraceing of employment here. The king (it is saied) has had Earl Portland with him and has beene ernist with him to enter againe into bussieness, but that he refuses it. Some say he does so, foreseeing stormes ; others that he knowes the Commones here beare him at ill will and that if he showld againe enter upon bussieness they wold have a fling at him. But whither so or not I doe tell yow with much trowbl that there is too generall an inclination to an extreame disgust of the present cowncells, and yet I can not tell yow for what r 93550. H 114 reasone nor for what ainie. A litl tyme will discover. I suppose you know the King is ill pleased that our African folks have printed their address and the Kings answere. What will followe I know not," &c. [The writer diverges into his own private business affairs.] 56. James Ogilvie, Viscount of Seafield, to the Earl of Annandale. Whitehall, 12 December 1699, in regard to a second address by the African Company. " The Duke of Queensberry and wee went together to the king, and wee acted unanimouslie, for his Majesties service does requer both vigor and- unanimitie. He was dissatisfyed to be adressed again, having givn his ansuer so laitlie and that it was principalie caried on by such who had givne no proofs of ther loyaltie to him and by some who are dissatisfyed with everie thing bot opposition. He was also much displeased with the treatment his chancelour mett with and with the insolent maner of the whol pro- ceeding," &c. [On the same day the Duke of Queensberry wrote on the same subject. He says, inter alia, — " Ther is now a letter sent from the king to the councell by which he orders that what can be done by law may be done in resentment of this affaire and for hindering the procedure of it." He also urges the Earl to dissuade Lord Basil Hamilton from coming to court, as the king will not see him.] 57. Letter, as before, without signature, to the Earl of Annandale. 14 December 1699. . . . The Howse of Commons seeme to pro- ceede shyly and slowly towards the greate affaires now befor them, for they let fly at every thing comes in theire way, whither it be in rule or owt of rule, which I doe the rather tell you for that a friend of yours and mine, the Bishop of Sarum, by this means has been concerned. The howse had befor them upon Tuesday the matter of a debt due to Princ George. In theire speaking of this, a member, Sir John Packintone, saied that he was for paying that debt, but he cowld not understand why the education of his son, Duke Gloster, showld be committed to a man whose book that howse had fownd reasone to cawse burne by the hand of the common hangman, nameing the bishop, and adding some scurrilowse as weell as unjust reflections against him. The Speaker took him up and told him that what he had said was quite owt of rule and order. Sir Edward Seymore ansuered that it was so, but that he hopt and proposed that the howse might putt it into order. And accordingly yesterday it was moved and the questione at last put, if there showld not be an address made to the king that he might be removed from that charge, but it was carried in the negative by 40 votes. There is a mightie storme raised against the Duke of Shrewisberrie but it is befor the house of lords. It is one Smith who accuses him that he did discover the plott for assassinating the king to him befor Prendergrast did it and more particularly too, but that he did not regard it ; and not only so, but that also some three or four dayes befor it was to be execute, and that he told him so, he (the duke) went outt of towne and neglected it. What will become of it I know not, but it is probabl it will be stifled. Farewell." 58. James, Viscount of Seafteld, to the Earl of Annandale. Whitehall, 28 December 1699. The king is pleased with the Earl's management. . " It would have been of bad consequence if the pro- clamation [as to the Darien Company] had not been omitted, and I acknowledge it would have falne had it not been for your lordship " . . . I was surprized with the accompt your lordship in your last give my Lord Carmichael. I think it should be inquered after and if it could be found out how [who] putt that Jacobit and also murdering 115 placard it should be severlie punished and incuragement should be givne to any will make the discoverie. The king does resent the sending up my Lord Bazil Hamilton with the adress of the companie, since he has been hier and neaver owned the kings government, and neaver waited of his Majestie," &c. 59. The Same to the Same. Whitehall, 2 January 1700. . . . " This address, it seems, cannot be stopt and I think the great endeavour should be to hinder the Parliament men for going into it ; for if his Majestys servants and the greatest part of the members of parliament, the assembly and the army keep themselves from engageing into this measure, ther is not so much reason to be afraid. And .allow that multitudes do sign it, yet that amounts to no more then that they do incline that his Majesty shall call the parliament as soon as is convenient for him. And it will certainly take some time before these addresses return from the country. But at the same time I don't doubt but a great maney, especially the ringleaders, have other designs at the bottom." Lord Bazil Hamilton had intreated the secretaries to speak for him to the king, and apologised for his conduct, but the king would not see him, and he refused to put the company's desires in writing, as they had intrusted him to deliver their petition in person," &c. 60. The Same to the Same. Whitehall, 11 January 1700. The king has adjourned the [Scottish] parliament till 14 May, in the hope he may preside in person. " He has also by a letter to the privie councell, given a very good answer to the companies petition, for tho he has refused my Lord Bazil access ... it was not fit to deny an answer to the company, and your lordship will find by it that, he has promised to demand that Pinkerton and his crew be released, who are at present detained prisners at Carthagena. He does also promise that his subjects in Scotland shall be allowed the same liberty in trade to the English plantations as any others enjoy, which is of considerable consequence; for its impossible that we can complain when we have the same priviledges of trade that all the rest of the world has ; and upon the matter, it falls in with Lord Bazils instructions which mentions that other places have larger freedom of trade with the English plantations, so I think these two points will give general satisfaction. Its true, he does not grant them the ships but he puts that of till he have the advice of his Parliament." The writer thinks this will put an end to both the addresses intended from Scotland. The writer also announces his own appointment as Commissioner to the General Assembly, although he would willingly have declined the office. . . . Lord Petterborrough did last night propose in the House of Lords that ther might be an union betwixt the two nations . . . and they have put of the further con- sideration of it till Tuesday next. The king has a good while resolved to propose it to both houses and was only considering a good oppor- tunity for it, and it would have done much better had it come in so, but some of the lords do appear against it because of the pamphlets that are lately written, which, as they say, would make the world believe that they were threatened to this proposal. I do truly hope that if right methods be taken, we may really have an union, and ther is nothing I am sure would give more general content to both nations," &c. 61. Archibald, tenth Earl of Argyll, to the Earl of Annan- dale. London, 20 January 1700. . . . ' 4 5Tow will have heard that Seafield is now a great part of his way to Scotland. This undertaking of his did not proceed ether from his Graces advice or opinion nor indeed myne, for 1 flattly gave my advyce against it. I wish in that H 2 116 affair I may prove a false prophett and I am afraid this procedour of both houses of parliament will still render matters harsher. The king did intend to move ane union by some of his manadgers and signified so mutch to his cabinett oouncell. This took wynd and Earl Peterborough having notice of it was resolv'd to prevent the court, and is thought to ruin the successe of the project, though on other occasions he processes a regard to the Scots nation, did bring it in to the house by introducing the book wreitt, the title wherof carries a good aspect, but withall has many things in it to be condemn' d and earring, as they say, a bragg to the English nation, and he reading those places concluded with ane overture of ane union, which indeed has, I fear, disappointed it. The lords adjourned the debate, but in the intervall the commons took it in -task and ordered it to be burnt, all which is contained in the votes," &c. 62. Letter, unsigned, to the Earl of Annandale. London, 30 January 1700. . . . a Our Scots affaires here is in a great broullierie, and indeed so is most things else." The writer then refers to the Bill for recalling Irish grants ; the disbanding of two regiments ; and a decision by the House of Lords in favour of the bankers against the king, involving a debt of two millions and a half. ^tIjAIV D . JlUUSo VI JUU1U.S, CjcLLL VI Leicester ; C. Pole Gell^Alfred Mor- rison, Esqs., &c. Scotland. Lord Elphinstone, H. C. Maxwell Stuart, Esq., &c. Ireland. Duke of Leinster, Marquis of Drogheda, &c. [C.3773 i-] 6 3 1884 Ninth Report. Part III. Appendix and Index - Contents : — Mrs. Stopford Sackville. ft [C.3773 ii.] 1 7 1883 (Re- printed 1895.) Calendar of the Manuscripts of the Marquis of Salisbury, K.G. (or Cecil MSS.). Part 1. - 8vo. [C.3777] 3 5 1888 Ditto. Part II. ... n [C.5463] 3 5 1889 Ditto. Part III. [C. 5889 v.] 2 1 1892 Ditto. Part IV. ... » [C.6823] 2 11 1894 Ditto. Part V. [C.7574] 2 6 1895 Ditto. Part VI. Ditto. Part VII. {In the Press.") [C.7884] 2 8 1885 Tenth Report .... This is introductory to the following : — [C.4548] o 3^ 1885 (Re- flated 1895.) (1.) Appendix and Index - Earl of Eglinton, Sir J. S. Max- well, Bart., and C. S. H. Drummond Moray, C. F. Weston Underwood, G. W. Digby,Esqs. jj [C.4575] 3 7 1885 (2.) Appendix and Index The Family of Gawdy. [C. 4576 iii.] 1 4 1885 (3.) Appendix and Index Wells Cathedral. [C. 4576 ii.] / 2 Q 2 232 Date. Size. Sessional Paper. Price. 1885 (4.) Appendix and Index Earl of Westmorland ; Capt. Stewart ; Lord Stafford ; Sir N. W. Throck- morton, Sir P. T. Mainwaring, Lord Muncaster, Capt. J. F. Bagot, Earl of Kilmorey, Earl of Powis, and others, the Corporations of Kendal, Wenlock, Bridgnorth, Eye, Ply- mouth, and the County of Essex ; and Stonyhurst College. 8vo. [C.4576] s, 3 d. 6 1885 (Re- printed 1895.) (5.) Appendix and Index - The Marquis of Ormonde, Earl of Fingall, Corporations of Gal way, Waterford, the Sees of Dublin and Ossory, the Jesuits in Ireland. >> [C. 4576 2 10 1887 (6.) Appendix and Index - Marquis of Abergavenny, Lord Braye, G. F. Luttrell, P. P. Bouverie, W. Bromley Davenport, R. T. Balfour, Esquires. » [C.5242] 1 7 1887 Eleventh Report - This is introductory to the following : — n [C. 5060 vi.] 3 1887 (1.) Appendix and Index - H. D. Skrine, Esq., Salvetti Corre- spondence. » [C.5060] 1 1 1887 (2.) Appendix and Index - House of Lords. 1678-1688. [C. 5060 2 1887 (3.) Appendix and Index - Corporations of Southampton and Lvnn XJ J LIU, n [C. 5060 ii.] 1 8 1887 (4.) Appendix and Index - Marquis Townshend. w [C. 5060 iii.] 2 6 1887 (5.) Appendix and Index - Earl of Dartmouth. » [C. 5060 iv.] 76 Q O 1887 (6.) Appendix and Index - T)nlrp nf Hamilton »> [C. 5060 L h 1888 (7.) Appendix and Index - Duke of Leeds, Marchioness of Waterford, Lord Hothfield, &c.$ Bridgwater Trust Office, Reading Corporation, Inner Temple Library. •> [C.5612] 2 1890 Twelfth Report - This is introductory to the following : — ti [C.5889] 3 1888 (1.) Appendix - Earl Cowper, K.G. (Coke MSS., at Melbourne Hall, Derby). Vol. I. _C5472J 2 7 1888 (2.) Appendix Ditto. Vol, II. ;C.5613] 2 b 233 Date. Size. Sessional Paper. 1889 1888 1891 1889 1890 1891 1891 1891 1892 1891 1893 (3.) Appendix and Index ... Ditto. Vol.111. (4.) Appendix - The Duke of Rutland, G.C.B. Vol.1. (5.) Appendix and Index ... Ditto. Vol. II. (6.) Appendix and Index - House of Lords, 1689-1690. (¥.") Appendix and Index - S. H. le Fleming, Esq., of Rydal. (8.) Appendix and Index - The Duke of Athole, K.T., and the Earl of Home. (9.) 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