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HISTORICAL MANUSCRIPTS COMMISSIOX

FOURTEEiNTH REPORT, APPENDIX, PART III.

THE

MANUSCRIPTS

OF THE

DURE OF ROXBURGHE; SIR H. H.CAMPBELL, BART.;

THE EARL OF STRATHMOHE;

AND THE COUNTESS DOWAGER OF SEAFIELD.

^re^enttlr to hattf ^auici ttt parliament bo Commantr of %rr ^aietftg.

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CONTENTS.

* Page

The Duke of Eoxburghe . - - - 1

Sir Hugh Hume Campbell, Bart., of Marchmont - 56

The Earl of Strathmore ... - 174

The Countess Dowager op Se afield - - - 191

Index - - - - - - - 239

REPORT ON THE MUNIMENTS OF HIS GRACE THE
DUKE OF ROXBURGHE AT FLOORS CASTLE IN THE
COUNTY OF ROXBURGH, BY SIR WILLIAM FRASER,
K.C.B., EDINBURGH.

The noble and distingubhed family of Roxbnrghe has held a pro- ^JJ^I^^^^^
minent position in the borders of Scotland for upwards of five centuries. —

Like other ancient Scottish families they have had many vicissitudes
and changes. Beginning as Border lairds holding the lands of Altonburn
and afterwards of Cessford, the Kers gradually attained to the peerages
of Lord Roxburghe, Earl of Roxbnrghe, and mke of Roxburghe. But
these high honours were not all acquired in the direct male line of the
Kers of Cessford. They continued to be commoners from the middle
of the fourteenth to the end of the sixteenth century when Robert Ker
of Cessford was created Lord Roxburghe in 1599. He was advanced
in the peerage in 1616 with the title of Earl of Roxburghe. Up to
that date the Kers of Cessford and the Lord and Earl of Roxburghe
continued in the direct male line. But the first Earl of Roxburghe,
having no surviving male issue and four daughters, made arrangements
that the eldest daughter, Lady Jean Ker, should marry her cousin,
William Drummond, of the family of the Earls of Perth, and inherit
the title of Earl of Roxburghe. The Drummond Earls of Roxburghe
continued in the direct male line till John, fifth Earl, was created Duke
of Roxbnrghe. He was a prominent statesman, and held the important
office of Secretary for Scotland at the time of the union between Scot-
land and England. The Drummond Dukes of Roxburghe continued
tU). John the third Duke who died in the year 1804 unmarried. He
was well known in the litei-ary world and his name is commemorated in
the Roxburghe Club. The titles and estates of Roxburghe then devolve<l
on William, seventh Lord Bellenden, who was the direct heir, male of
William, second Earl of Roxburghe, whose fourth son John succeeded
under a Crown resignation to the title and estates of his kinsman,
William, first Lord Bellenden of Broughton, whose mother was Margaret
Ker, sister of the first Earl of Roxburghe. WiUiam Lord Bellendec thus
became the fourth Duke of Roxburghe. He did not live long after his
succession, having died in the following year, 1805, leaving no surviving
issue. After his death a competition arose for the titles of Duke and
Earl of Roxburghe and the old family estates between Lady Essex Ker,
•daughter of the second Duke of Roxburghe, as heir of line. Sir James
Norcliffe Innes, as heir male of the body of Margaret Ker, daughter of
Harry Lord Ker, Major-General Walter Ker of Littledean, claiming as
heir male of Robert Ker, first Earl of Roxburghe, and the Right Honour-
able William Drummond of Logiealmond, as heir male of the second or
Drummond Earl of Roxburghe. This remarkable case occupied the
attention of the Court of Session and the House of Lords for several
years, and on 11th May 1812, the House of Lords, aflirming the judg-
ment of the Court of Session, decided in favour of Sir James Norcliffe
Innes Ker, who became fifth Duke of Roxburghe, and was the grand-
father of the present Duke.

The Roxburghe estates and peerages have thus been inherited
successively by the families of Ker of Cessford, Drummond of Perth,
J 78289. A

MSS. OP Duke Bellenden of Broughton, and Innes of Innes. The costly litigation is
or RoxBURGHE. g^^j^ ^^ ^^^^ Tumed General Ker of Littledean, although he was gene-
rally admitted to have been the heir male of the Kers of Cessford. His
estate of Littledean was sold and now forms part of the beautiful estate
of Loi'd Polwarth on the banks of the Tweed, opposite his principal
residence of Merton House. The ruined Tower of Littledean is still a
prominent feature in the landscape there. The tradition in the neigh-
bourhood of Littledean is that General Ker died deep in poverty, and
his funeral was meanly attended, mainly through his unsuccessful claim
to the coveted Dukedom of Roxburghe.

Such is a general description of the long line of possessors of the
muniments which are here reported. As they relate almost entirely to
the family of Ker of Cessford, a few notices of the early members of that
family may here be given.

The origin of the family of Ker of Cessford now represented in the
female line by the Duke of Roxburghe, as already stated, has, like that
of the Kers of FerniehirSf represented by the Marquis of Lothian, K.T.,
been the subject of discussion. It has been stated by peerage writers
that the two families respectively descend from two brothers of
Anglo-Norman lineage who settled in Scotland in the thirteenth
century. But no positive proof of that assertion is known to exist.
The descendants of the two families of the name of Ker had long
continued contentions about the precedency of the one family over the
other. These contentions led to bloodshed. In 1590, Robert Ker of
Cessford, afterwards first Earl of Roxburghe, killed William Ker of
Ancrum, the head of the rival house of . Ferniehirst, The proceedings
for repairing that murder are fully detailed in the report. As might be
expected, these proceedings are not the only instances of the Sovereigns
of Scotland having great trouble in staunching the feuds between other
families, notably the Turnbulls of Minto, Kirkpatricks of Kirkmichael,
and the Charteris of Amisfield.

The earliest of the name of Ker in record is Robert Ker, who appears
in 1231 in connection with lands in the north of England. In 1296
several of the name of Ker in the counties of Peebles, Edinburgh, Ayr,
and Stirling, did homage to King Edward the First at Berwick, and
others are mentioned in connection with the shire of Aberdeen, but none
of these can be claimed with certainty as the ancestor either of the
family of Lothian or that of Roxburghe.

The next who appears on record is JohnKer,in the county of Roxburgh,
who acted as a juror on various occasions during the English occu-
pation of that county in the year 1357. He was no doubt the same who is
designed in the second charter now reported on [No. 2 infrci] as John
Ker of the Poorest of Selkirk or Ettrick, Avho received in 1358 from
John of Coupland a grant of the lands of Altonburn, in the county of
Roxburgh, 'rhese lands belonged previously to Adam of Roule who
bestowed them uj)on John of Coupland and Joanna his wife [No. 1 i7ifra]
froru whom they passed to John Ker. John Ker of Altonburn married
a lady whose Christian name was Mariota, but of Avhat family she was
there is no evidence, though she may have been a relation of the William
and Christian Blackden who are nameil in writ No. 3 infra.

The next member of the family who is noted in the writs now reported
on is Richard Ker of Altonburn who A\as succeeded in his lands by his
brother Andrew Ker [No. 4 infra]. This Andrew Ker, although retoured
heir to his brother in 1438, appears as the Laird of Altonburn some time
previous to that year. In or about 1430, he had a lease of the lands of
Primside ; in 1434, he received a charter of the lands of Borthwickshiels,

and in 1443 a grant of the mains of Hownam [Nos. 10, 31 and 39 ^^Ji°^j^^^

infra]. His son Andrew Ker succeeded in 1445 [No. 43 infra], and —

it was he who, in 1453, entered into the mutual bond of maintenance

[Xo. 5 infra] with a neighbouring laird, Sir Robert Colville of Oxnam,

while in 1454 he received in exchange for his lands of Hownam-mains

a bond of manrent [No. 6 infra]. These documents are among the

earliest of their class in the south of Scotland.

This Andrew Ker was more than once accused of tniitorous corre-
spondence with the English. He was twice solemnly tried for this
crime and each time was acquitted. The first time in 1456 [Xo. 7
infra] he was accused of bringing Englishmen into his own neighbour-
hood to Eckford, Crailing, Grimslow, and Jedburgh, and burning the
district, but at a later date the accusation took a wider range. He was
a vassal of the great Earls of Douglas, and adhered to their fortunes to
the last, and when they were expelled from the country, he appears,
after the death of King James the Second, in 1460, to have joined the
party of Robert Lord Boyd, who seized the reins of power during the
minority of King James the Third. Ker was one of those who actively
took part in carrying off the young King from Linlithgow to Edinburgh
on 9th July 1 466, the audacious step which secured the supreme power
to the Boyds, For these and other ofEences Ker was at a date not
very long after the downfall of that faction brought to trial, and, with
better fortune than the Boyds, was acquitted [Xo. 54 infra]. The
reference in the accusation to the battle between the English and Scots,
where the Laird of Rutherford was slain, may refer to the battle of
Arkinholm in 1454, but more probably to some obscure conflict between
the two nations. The accusation of complicity in the treasonable
killing of the Chancellor Lord Avandale, must refer only to a meditated
attack upon that nobleman, as he survived for many years afterwards.

Andrew Ker, who was the first to hold the lands of Cessford, of
which he had a Crown charter in 1467 [Xo. 27 i/ifra], was succeeded
by his son Walter, who, however, was not his eldest sou as is usually
stated. The eldest son, as appears from writs here reported on, was
also named Andrew, but appears to have died without other surviving
issue than one daughter, Margaret Ker, who, in 1479, renounced all
claim and right which she had to the barony of Cessford in favour of
her uncle, Walter Ker [Xo. 28 infra]. Margaret Ker's mother may
have been of the Hepburn family, and appears to have married, secondly,
one of the Lords Haliburton.

It is unnecessary to trace the descent of the family of Ker of
Cessford, generation by generation, but notice may be taken of the
later lairds of Cessford immediately preceding the creation of the title
of Lord Roxburghe in the year 1599. They successively held the office
of Warden of the Middle Marches, and it is in this capiicity that they
appear in the present report. The document [Xo. 61 infra] dealing
with the provisions for fortifying the castle of Langholm and others, is
without date, but appears to refer to the early part of the reign of
Queen Mary, during the regency of her mother, when French troops
were for a lime employed in Scotland. As Warden, the Laird of
Cessford received from Queen Mary the three letters [Xos. 70, 71, and
72 infra], the second of which is of special interest, as it announced
the Queen's intention of visiting Teviotdale, a visit made memorable
by her ride from Jedburgh to Hermitage Castle, for the purpose of
visiting James, Earl of Bothwell, who had shortly before been wouuded
in a border raid.

The clerical adventurer who figured as a Roman Catholic priest,

A 2

MSS. OF DiTKE and also as a Protestant clergyman at the same time, whose exploits are
©p RoKBTBGHB. recorded in No. 74 infra, and upon whom Lord Roxburghe, as warden,
was to do justice, is apparently not known to the ecclesiastical annalists
of the period, and his identity has not been ascertained. In No. 63
infra, a remarkable series of paj)ers is referred to in connection with
the long continued feud between the Kers of Cessford and the Kers of
Ferniehirst. Lord Eoxburghe, while still the young Laird of Cessford,
had in 1590 killed William Ker of Ancrum, the head of the rival house,
and now in 1605 and 1606, by the influence of King James the Sixth
and the Privy Council of Scotland, a formal process of legal recon-
ciliation between the families was gone through. Lord Roxburghe
signed a document, in which he acknowledged his regret for the
murder ; compensation amounting to 10,000 marks was paid to the
aggrieved party, and letters of forgiveness were given by them, which
put an end to the open feud.

Attention may here be specially directed to No. 107 infra, the Book
of Family and Household expenses of the same first Lord Roxburghe,
who was advanced to the Earldom of Roxburghe in 1616. The entries
in the book, which are authenticated by Lady Jane Drummond, his
Countess, range from 30th June 1619 to 9th March 1630, and are of
much interest. A fuller detail is given on a later page. Nos. 65 — 69
infra contain the last wills of certain members of the family, including
Robert, second Earl of Lothian, and the first and second Earls of
Roxburghe. The last historical document in which any of the family
are personally interested will be found at No. 108 infra, where the
fifth, or Innes, Duke of Roxburghe, gives his boyish recollections of the
rebellion of 1745, and his later experiences of the campaign of 1760
and 1761 in the Seven Years war.

The first portion of the writs now reported on are old charters of
lands which have been or are now in possession of the Kers of Cessford.
Of these lands Altonburn is the first territory with which the name is
connected by genealogists. The earlier writs of Altonburn [Nos. 1
and 2], and also those of Primside [No. 39 — 41 infra^ give some infor-
mation about an old family of the name of Roule or Rule, the male heirs
of which appear to have failed before 1440 when there were four co-
heiresses, who disposed of their lands to Andrew Ker of Altonburn. They
held also the lands of Flenderleith and Hyndhope [No. 38 infrc{\, which
they disposed of in like manner.

The lands of Borthwickshiels in Roxburghshire are dealt with in Nos.
9 — 14 infra'\. In the first writ, dated c. 1425, they are in the possession
of Sir William Douglas of Strathbrock, who acquired them by marriage
or descent from an heiress of Sir Laurence Abernethy. He granted the
lands to George Crichton of Cairns, who sold them to the Kers. Tliis
George Crichton was afterwards created Earl of Caithness. He is said
to have had two wives, but the name of the second only has hitherto
been known. The relationship, however, stated by Sir William
Douglas, implies that Crichton was his son-indaw.

The lands of Cessford, as already indicated, were held by the Kers
only from the year 1467. Their history before 1325 is uncertain,
though they seem to have belonged to Roger IVIoubray, one of those
barons who had joined the English faction. In that year King Robert
Bruce bestowed them on Sir William St. Clair of Herdnianston
[No. 22 infra\ from whom they descended to Sir John St. Clair who
in 1376 resigned them [No. 23 infra] to Walter St. Clair. The latter
left an heiress. Christian St. Clair, who married Sir William Cockburn,
and she and her husband had a dispute about the estate with Sir William

Douglas ofAuld Eoxburgh, which, in 1416, was brought before the MSS. of Dckb
Regent, Robert Duke of Albany, and his council. The Act giving a °^ Koxbcbghb.
temporary decision [No. 24 infra] is stated at length, as it is a hitherto
unknown Act of a general council or parliament, and thus supplies an
addition to the scanty records of Scottish Parliaments.

In 1447, the lands of Ceasford were in possession of James first Lord
Hamilton, who granted them to a kinsman of his own, Robert Grahame
son of Marion Oliphaut. She was the daughter of Sir John Oliphant
of Aberdalgie, aud is said to have married Sir William Grahame of Kin-
cardine, but really married. his younger brother Robert. Lord Strathallan,
in his history of the House of Drummond, states that her marriage was
ai-ranged in 1399, when it was agreed that Robin de Graham should
marry Marion Oliphant, with " many remarkable and singular con-
ditions, very well worthie of the observing." Of this marriage there
were, as appears from No. 23 infra, issue four sons.

The writs of Caverton, Nos. 16 — 21 infra, are chiefly interesting in so
far as they show the existence of a family of Fotheringham in the
county of Roxburgh having similar arms, but apparently distinct from
the branch which settled in the shire of Forfar. Writ 16 infra appears
to be a curious form of lease or mortgage. The lands were acquired by
the Kers in 1473.

The writs of Sprouston referred to in Nos. 45 — 50 relate to the
possession of part of the lands by the family of Cranston, and of another
portion by the monks of the Charterhouse, a monastery near Perth,
founded by King James the First. The writs of Sprouston, taken in
connection with the following writ. No. 51, enable us to state that the
castle of Newark on the Yarrow, commemorated in the "Lay of the
last Minstrel," was used as the residence of the Earls of Douglas
between 1432 aud 1446. It is referred to in the Register of the Great
Seal so early as 1423, but the Earls seem to have occupied an older
residence known as Etybredshiels, which stood not very far from
the new building, though its exact whereabouts cannot now be
stated.

Among the miscellaneous writs, the first [No. 53 infral '^ °^ special
interest, as it details the fees payable to the usher of the Exchequer at
an early date in Scottish history. The office at that period, the reign
of King David the Second, was occupied by a family called "de
Capella " or Chapel. King Robert the Second granted it to William
de Camera or Chambers from whom it descended by marriage to the
family of Waus or Wans of Meiny. John Waus of Many resigned the
office in 1565, and it was conferred on Sir John Bellenden, of Auchnoul,
justice clerk, ancestor of Lords Bellenden, the last of whom was for a
short time fourth Duke of Roxburghe as above explained.

Nos. 56 and oS are papers illustrative of the unsettled condition of
Scotland, the first writ being a remission by King James the Fifth to
the Border clan of Turnbull, chiefly residing in the valley of Rule
water; while the other is a "letter of slains," or assurance of safety of
life and limb given to a murderer by the kin and relatives of the person
or persons slain, a pecuniary compensation, however, being made to the
aggrieved parties. No. 59 is of the same character, being a decree
pronounced by Mai-y of Guise, Queen Dowager, and Regent of Scotland,
widoAv of King James the Fifth, who herself had become arbiter in a
feud between the Kirkpatricks of Kirkmichael (cadets of the family of
Closeburn) aud the Charterises of Amisfield, in which blood had been
shed on both sides. The decree ordained money compensation and
restoration of goods.

MSS. OF DVKB Of the Papal bulls, fourteen in number [Nos. 76 — 86, and 88, 89],
OP RoxBUEGHE. relating to the Abbacy of Kelso, only the first has been previously
printed in the Bannatyne Club edition of the Eegister 1846. The
other thirteen are now printed for the first time. They chiefly relate
to the afPairs of the Abbey itself. Attention, however, may be drawn
to No. 78, a bull by Pope Honorius III., taking under his protection
the " rector " of the wilderness (" heremi ") of Merkingly, with his
goods. It is not clear where this Merkingly was, but from the
references to it in the register of the Abbey of Kelso, where Walter of
Bolbech grants to the monks the hermitage which is called j\lerchingleye
near Marchingburn, it appears to have been in Liddesdale, on the
English side of the border. It is probably from this " hermitage,"
which is described as founded in a waste district, that the famous
Castle of Hermitage in the same neighbourhood took its name. The
bull [No. 81 infra] may also be noticed which forbids the monks to
show hospitality to women, or to allow travellers of that sex to pass the
night within the gates of the monastery, or even in its granges, giving
as one reason, that women attracted by the hospitality of the abbey
made while travelling long and useless stay there. The form of oath,
No. 87, is given at length, as although comparatively modern, no
similar document appears to exist showing the vows of allegiance taken
to the Papal See by Scottish Abbots.

The other papers relating to Kelso are not of special importance, the
principal ones, including the great charter by King Malcolm the Fourth,
and the rentals having been already printed in the " Liber S. Marie de
Calchou," published by the Bannatyne Club in 1846. The charter of
Malcolm is considered to be, as a writing, one of the most remarkable
of Scotch charters. It is well written, but its chief interest is derived
from the initial letter "M " which is beautifully illuminated, and is
believed to perpetuate two of the earliest Scotch portraits, — those of the
founder of the Abbey, King David I., and of his youthful grandson
Malcolm, the granter of the writ. This illuminated letter gives a
favourable idea of the art of miniature as practised in the monastery in
the twelfth century. The list of pensions detailed in No. 94 as paid
out of the abbey revenues, and the statutes. No. 95 infra, for the
regulation of the burgh of Kelso, are of some interest.

The documents, reported on under the head of " Bellendeii Papers,"
are, as explained, only a few selected from a considerable number.
They are papers which came into the family of Roxburghe with William,
the seventh and last Lord Bellenden, who became, in 1804, fourth duke
of Roxburghe. He was descended from John Ker, fourth son of
William second Earl of Roxburghe, who, in 1671, was served heir of
entail to his cousin, William Bellenden, first Lord Bellenden. The
mother of the latter was Margaret Ker, sister of the first Earl of
Roxburghe, and his father was Sir James Bellenden of Broughton,
near Edinburgh, descended from a family of lawyers and statesmen.
One of these, Thomas Bellenden, Director of Chancery and Justice
Clerk, is mentioned in No. 96 infra in letters of maintenance in his
favour by George Crichton, Bishop of Dunkeld, of date 1530. He was
succeeded by his son Sir John Bellenden, also Justice Clerk, who
married Barbara, daughter of Sir Hugh Kennedy, of Girvanmains,
Queen Mary of Guise herself signing the marritige contract. No. 98.
Of the same family also was probably Christian Bellenden, Prioress of
the Convent of Saint Catherine of Sienna, near Ediuhurgh.

No. 101 infra is chiefly interesting on account of the persons to
whom it refers, being a simple draft contract about lands between

Matthew, Earl of Lennox, and his son Henry, Lord Darnley. No. 103 MSS. oi DrxE
is a letter from the last Roman Catholic prior of Holyrood, « Dene °' Ko^Jbgh".
Stevin Litstar." No. 105, a letter from King James the Sixth to Sir
Lewis Bellenden, the Ambassador to the English Court, relates partly
to the Earls of Angus, Mar, and other banished nobles who had found a
refuge in England.

Besides the charters and papers now reported on, most of which have
been noted above, a large quantity of the family correspondence has
been inspected. It relates chiefly to private family affairs of no
general interest. The letters which have been thought worthy of notice
here will be found in Nos. 109 — 118 infra.

As a specimen of the forms observed in the creation of a Scottish
peer by a Commissioner after King James the Sixth went to England,
the following " Instructions " preserved in the Roxburghe Charter
Chest may be quoted at length.

Insteuctioxs for my Lord of Roxburghe to be rememberit againes
the tyme of his preferment.

That in the place thocht meit for performing the ceremonie, a throne
be erectit of fyve degries, vpone the vpper place quhairof a schair of
honour be placit quhairon sallee layit the rob royall for his Majestie's
Commissioner.

That the house be hang with tnpestrie. That the haill throne be
lyikwayis coverit and sum pairt of the pavemeht directlie befoir the
schair of honour, vpon the left syid quhairof may be placet a table
coverit, quhairon may be layit the honouris, septour, suord, and
crowne.

And becaus the nobilman to be prefeirit man ascend toward my lord
comissioner, and the degries appoyntit for sitting wilbe vneasie for
his ascending, it salbe necessar the passage toward the chair of honour
be maid more casie be placing vpone ewerie degrie directlie from the
pavement to the schair sum stapis of timber, quhilk I think the Master
of Wark will tak ordour with.

That vpone the thrid degrie, richt vnder schair of honour thair be
layit a cuschone of velvit quhairon the nobillman may humbill himself
the tyme of his creation.

That sick nobilmen as ar to be present at the ceremonie be in thair
robes of estait ; at lest two lordis and als monie erlis.

That his lordship hawe present his barrones robe, the rob of ane erle,
ane erlis crowne, the patent of his creation, ane sword within ane belt of
velvit of cullour narrest that of the robe. The belt to be of that lenth
that it may goe ower my lordis head, and beir the suord in way of ane
bend and fasnit with ane buckill.

That directioun be givin to the pentir to hawe radie his lordshipis
pinsell conteining his creist and woord, and ane standert beiriug the
haill armes of my lordis awin cuUouris, quhilk I take to be geulis and
asure. Alwayis his lordship will cleir that him self.

That his lordship hawe present sum worthie gentillman that hath not
attenuit to the dignitie of knichthood, at lest four, and quho may be
employit to be beareris of thingis belanging to the ceremonie, and quho
man be doublit knichtis for that thair service.

I dout not his lordship wilbe cairf uU to hawe present at the actioun
trumpittis.

The maisseris wilbe radie to attend my lord comissioner and to keip
back the prease.

Old Charters of various Lands.
Altonburn.

oF^R xbukghI ^" C'tarter by Adam of Koule to John of Coupland and his wife of

■ the lands of Altonburn [c. 1354]. Omnibus banc cartam visuris vel

audituris Adam de Roule salutem in Domino sempiternam. Kouerit
vniuersitas vestra me dedisse, concessisse et hac presenti carta raea
confirmasse Johanni de Coupland et Johanne vxori sue et heredibus
ipsius Johannis omnia terras et tenementa que habui in territorio de
Haletonburne, cum seruiciis liberorum et bondorum et cum omnibus suis
libertatibus et aysiamentis predictis terris et tenementis qualitercumque
spectantibus : Habenda et tenenda omnia terras ct tenementa predicta
cum omnibus suis pertineuciis vt predictum est predictis Johanni de
Coupland et Johanne vxori sue et heredibus ipsius Johannis de capi-
talibus dominis feodi illius, ila libere et quiete sicut ego terras et
tenementa predicta aliquo tempore liberius et quiecius tenui ; faciendo
inde capitalibus dominis feodi illius seruicia inde debita et de iure
consueta : Et ego predictus Adam et heredes mei omnia predicta terras
et tenementa cum omnibus suis pertineuciis, vt predictum est, predictis
Johanni de Coupland et Johanne vxori sue et heredibus ipsius Johannis
contra omnes homines et feminas warantizabimus et inperpetuum
defendemus. In cuius rei testimonium huic carte sigillum meum
apposui. Et quia sigillum raeum pluribus est incognitum sigillum
Abbatis de Kalkhow et sigillum Abbatis de Melrose in testimonium
premissorum presentibus apponi procuraui. Hiis testibus, Bernardo
de Hawden, Johanne Burnard, Johanne de Hessewell, Michaele de
Rydale, Eustacio Loreyn, Waltei-o Tornebole, Rogero de Halton, Wil-
lelmo de Rotherford et aliis. [Only one seal has been attached to the
writ, which is still appended. It is apparently that of the granter, but
the legend and armorial bearings are not readily decipherable.]

2. Charter by John of Coupland, granting and confirming to John
Kerre of the Forest of Selkirk all his lands and tenements with their
pertinents in Aldtonburne which the granter held by the gift and
feoffment of Adam of Roule ; to be held to the said John Kerre in fee
and heritage, &c., as in the preceding writ. Dated at Altonburne,
the Monday next after the feast of tlie purification of the Virgin Mary
1357. [5th February 1357-8.] Witnesses, Robert of Coleuile,
William of Rotherford, John of Aynesley, Roger of AkUoan, Robert
of Wodeford, James of Loreyiie, AVilliam of Gledstanes, William of
Roule, Richard of Rydale, Alexander of Flex, John of Chattow, and
others. Seal attached. Shield couche bearing what appears to be a
cross. Above a helmet is a crest, a goat's head. Legend " S'. JoHis
de Coupland."

3. Charter by William of Blakdene, son and heir of Christian of
Blakedene, granting and confirming to John Kerre of the forest of
Eteryk and to Mariola his wife, all lands and tenements which have
descended to the granter after the decease of his late mother the said
Christian, of her heritage in the towns of Molle and Altonburne within
the regality of Sproustoun ; to be held to the said John and Mariota
and the heirs and assignees of the said John, in fee and heritage, &c.
Dated at Altonburne, the Thursday next after the feast of St. Michael
the Archangel [4th October] 1358. Witnesses, Robert of Coleuile,
John of Aynesley, James of Loreyn, Roger of Aldtoun, Robert of

Wodeford, WUliam of Eoule, Richard of Kydale, Eustace of Chattow, mss. of Dckz
"William Corbet and others. Seal attached. Device, a falcon striking a o^ Boxbcbghb.
bird. Legend illegible.

4. Retour of Inquest made in presence of John Turnbnll, bailie of
the regality of Sproustoun, by Sir Walter Scott, Robert of Molle,
Patrick of Ridale, Adam Scott, John Gurlay, William Schewyll, "William
of Langthoun, John Wanles, Archibald TurnbuU, Laurence Turnbull,
"William Faulaw of Kyrktoun, Thomas Rufy and Thomas Mydylmest,
who being sworn, declare that the late Richard Ker, brother of Andrew
Ker died vested and seased of fee at the faith and peace of the king,
of the lands of Aldtownbume, Wawtyswelys, and of Quitebankedene
with pertinents, lying within the regality of Sproustou, and that the
said Andrew Ker is the lawful and nearest heir of the late Richard, his
brother, in the lands and that he is of lawful age ; that the lands were
in time of peace valued at £20 yearly, but are become waste and of no
value ; that they are held in capite, of the chief lords of the regality
of Sprouston for one penny blench at midsuinmer yearly if asked, and
that they have been in the hands of the superiors for three. months by
the death of Richard Ker. Dated at Langthoun, 29th April 1438.

5. Indenture (written in the vernacular) between Sir Robert Coluele,
lord of Oxnam on one part and Andrew Ker of the Altonebum on the
other part, by which they agree " that athir part of thaim sal be lele
and treu til vthir for al the dayese of thair lyffis in pese and in were at
al thare gudely powar and athir of thaim sal be tyl vtheris ful help and
supple in all actiounys and querelHs mouyt or to be mcuyt be ony manor
of persounys that leff may or de may, thare legeans to the kyng and to
the erle of Douglas alanerly outane ; alsua it is acordyt betuix the said
partis that gyf ony of thare men happins to debat or discord outher in
thare presens or absens that nonther of thaim sal tak part with thaire
awyn men bot be euynly reddaris and stanchearis of cuill and debatis
quyU efter it may be brouch befor thaim and thare thai sal refourme ony
debatis gyf sic happyns efter as it is sene spedfull to thaim ; alsua it is
acordyt betuix the saide partis that gjf ony of thaim happins to be
off the cuntre or to hafe sic materes ado that he mono nedways pass
of the cuntre and the tothir part haf myster of his suple and help in his
absens he sal at his passage charge and deliuer the keparis of his house
and men to furthir help and supple the part than beand present in tho
contre like as thai suld do in presens of thare master beand than absent
bath with supple of housis and men, but fraude and gyle, vnto the t3'me
of the cumyng hame of thair said master beand absent : Alsua it is
acordyt that gyf ony of thaim happyns to inryn fedis or maugreis athir
for vthir of ony partyse that nouthir of thaim sal mak frendschip na
concoi-de without avice and assent of the tothir party. To the quhilkis
thingis lely and treuly without fraude or gyle to be done and fuUfyllyt
bath the forsaide partis the holy euangellis tuichyt hav gefFyn a bodely
atht. In wittnes of the quhilk thing the forsaide partyse to the
partis of thir indenturis enteixihangeably has sett thair selys," at
Jedburgh 10th June 1453. [To the present copy of writ, Sir Robert
Colvill's seal has been affixed, but it now exists in a fragmentary
condition.]

6. Indenture between " a rych honorabiU squyar," Andrew Ker of
the Altonbume on the one part and " Thom Robson " on tlie other part,
which '• proportis and beris wyttnes that it is acordit betuix the saide
partyse in maner and forme as efiir folowys that is to say that the sayde

MSS. OP Duke Thorn Robson is becumyn suorne man to the savde Androw Ker to do

OF EOXBTJKGHE. i „ 1 . i • ii .1 . ii p i i

.' hym synglar sei'uyce at his powar agayn all that leie maye and dee may

for all the dayes of his lyfe, his alegiance til our liege lord the kyng
alanerly outtane and falande of hym as God forbeide it do he sal be man
in lik maner for al his lyfe dayes tyl Androw Ker the sone and ayer of
the sayde Andro Ker or til liis rychtwyse ayeris ; for the quhylk
manrenschip and seruice the eayde Androw Ker sal gyfF and deliuer frely
tyl the sayde Thoni Robson for al the dayes of lyf all and syndry his
mayn landis of Hownum with thair pertinens to be haldyn and hade to
the sayde Thom Robson for al his lyf dayes as is befor said with all and
syndry profitis esmentis and rychwys pei'tinentis als wele vnnemmyt as
nemmyt, als wele vndir erde as abouyn, als wele fer as ner to the sayde
, mayne landys pertenand or may perfene be ony maner of rych in tyme

to cum, als frely quietly w(de and in pese as ony landis ar gyifyn and
grauntyt til ony man within the kynryk of Scotlande indurand the
lyfdayes of the saide Thom Robson : and gyf it happynis that the said
Thom Robson may nouch joyse and brouke the saide mayn landis for
opyn wer of Tnglischmen the sayde Androw or his sayde ajer sil gyff
yherly in tyme of wer to the saide Thom Robson a hundereth schillingis
of the vsuale mone of Scotland for his fee, and in tyme of pese he
broukand the sayd landis as is befor sayde, and the sayde Androw Ker
and his ayerys to the sayde Thom Robson for al the dayes of his lyf as
befor sayde the sayde mayne landis with the pertinentis agayn al men and
women sal warande and defend : To the quhilk condiciones andappoynt-
ment lely and treuly to be kepyt done and fulfyllyt batht the saide party se
the haly euangellis tuichyt ar bodely suorne. In wittnes of the quhilk
thyng to the partyse of thir indenturis remaynand with the sayde
Thom the sayde Androw has set his seele, and forthy that the sayde
Thom Robson had na propir sele of his awyn, to the partys of thir
indenturis rernaynand with the said Andro Ker has procuryt the sele of
Thomas of Rykylton to be to set hafand the fors of his awyn sele, befor
thir Avittnes Johue of Aynysle lord of Dolphington, Uchtir of Aynisle,
Wyll of Kyrktoun, Wat Robson and mony vthiris," at Jedburgh, 2nd
December 1454. Seal attached, partly broken. Shield bearing a
cross.

7. Letters of Acquittal by George Earl of Angus &c. in favour of
Andrew Ker of Altonburn. 14 April 1456. "George Erie off Angus
lorde Douglas off Lyddalysdale and Gedwortht forest, wardene of the
est and the myddyll merchis off Scotland affornent Ingland, to all and syn-
dry that it etferis we notify and makis knawyn, that comperit befor vs
in oure curte of wardenry haldyn at Selkyrk on the xiiij day of the
monetht of Apryle in the yere of oure lorde m™° cccc fyfti and sex yere
Andro Kere of Altonburne, endy tyt and with our roll chalangit of arte
and part of ihe tresonabill in bryngyng of the Inglismen to Ilecf urde, to
Cralyng, to Grymyslaw and to Jedworth, and brynt and heryit the kyngis
legis ; alsa eudytyd for comun entermettyng and comun spekyng with
Inglismen in tresonabill maner in illyng of the kyngis legis ; also
endytyd for a comun resettour and for a comun suppltar of comun
traturis in thare tresonabyll dedis and the haffand art and part of thaira ;
alsua endytyd for a comun tratur; the qwhilk actioun the forsayd
Andro allvtrelly denyit and of tlia he was putt to a lele and a worthy
assyse of the cuntre, that is to say Wylyam of Douglas of Cauerys,
Schir Walter Scot, the lorde of Cranston, Nechole of Rutherfurde,
Archibald of Newtoun, the lorde of Rutherfurde, Wylyam of Hcpburne,
Andro of Crechton, George off Hoppringill, Johne Turnbule, Mayster

Philip Pyle, Andro of Eutherfurde and Sandy of HoppringiU with ^JJ^I^j^^^^

diuerse vthiris, and thru the verdyt of the forsaide assvse deligently —

avysyt and decernitt the forsaide Andro of all the forsaide actionis all-

vtrellv was made qwhit and vn-wemyt. In the wittnes of the qwhylk

thynge we hafe gert set to the sele of our office day yer and place

forsayde."

Blackpool.

8. Charter by "William of Douglas, lord of Cavers, granting to his
nephew (or grandson) Walter Ker, son of Andrew Ker, his whole lands
of Blackpule with pertinents, lying in the barony of Cavers in the
sheriffdom of Roxburgh, and that for a sum of money paid by the said
Walter Ker ; the lands to be held to Walter Ker and his heirs of the
granter and his heirs for one penny payable at Christmas if asked, in
name of blench farm. Dated at Cavers, 4th August 1450; witnesses,
Thomas of Cranstoun lord of that Ilk, James of Douglas, Master Philip
Pyle, James Graye, Duncan Grave and others. Seal attached. Shield
bearing, quarterly, 1st and 4th on a chief three stars, with heart in base
for Douglas ; 2nd and 3rd a bend between six crosscrosslets, for Mar.
Legend broken, but apparently " S. Wilelmi de Douglas."

Borthwickshiels.

9. Charter by William of Douglas of Strabrok [Strathbrock] knight
granting and selling to his son [" filio "] George of Cryghtoun of
Carnys, his whole lands of Borthwykeschelys, in the barony of Chaw-
merlayn-newtoun within the sheriffdom of Koxburgh, for 400 merks
Scots paid to the granter ; to be held to George Crichton, his heirs and
assignees, of Sir William and his heirs, for rendering yearly to him and
his heirs the services due and wont, which Sir William and his heirs
were bound to render to the lord superior. Witnesses, the Abbots of
Calkow [Kelso], ^lelrose, Holyroodhouse and of Newbattle, James of
Douglas lord of Abircorne, Sir James of Douglas lord of Dalketh, Sir
Walter of Ogilvy and Sir Patrick of Ogilvy, knights ; John of Fawside,
James of Dundas and others. Not dated, but c 1425. Seal attached.
Shield bearing ermine, on a chief two stars. Legend illegible.

10. Charter by George of Crechtoun of Blaknes, granting and con-
firming to his dearest cousin Andrew Ker laird of Altonburn, for advice
and assistance given to the granter, the whole half of the lantls of
Borthwikeschelis, namely the northern portion of the same, with
pertinents, lying in the barony of Chawmerlayne-newtown within the
sheriffdom of Roxburgh ; To be held to Andrew Ker and his heirs of
the granter and his heirs in fee and heritage, for rendering to them
annually three suits of court at three head pleas of the granter's court
of Borthwikeschelis only for all other service. At Edinburgh, 2 Jan-
uary 1433 [1433-4]. Witnesses, Sir William of Crechtoun lord of
that Ilk, knight, Master of the King's household, John of Newtown of
Carloury and James of Parkle of that ilk. Seal wanting.

11. Letters of Obligation, written in the vernacular, by which
" Stephine of Crechtoune of the Carnis and Jamis of Parkle of
Lithgw " oblige themselves jointly and severally to " Andro Ker of
Altoneburne " that " gefe it happinis the saide Andro or his airis to
be inqueet distroublit or letit be the airis of quhilum Schir WiUeame
of Douglas of Hauthornedene or thaire assignez that the saide Andro
na his airis may nocht wyse peseabli [brouk] the landis of Borthwic-

MSS. OF Duke schelis . . . the quhilkis ar analiit to the saide Andro and his
OF EoxBUKGnu, airis be George of Crechtone of the Blaknes, we sal than be haldin and
thareto stratli we oblice vs togeder aud sindrily and our airis to mac' to
the saide Andro and his airis and ger thairri haue in pesable possessionne
within the shereiFdome of Louthiane tene pondis worth of land yerely
til him and his airis alwais and quhilis that the saide George and his
airis pay to the saide Andro or his airis ane hundreth marc of vsuel
mone of Scotland in the Abbay of Jedwort, efter the tonour of ane
euident made thareapone betuex the saide George and Andro." Dated
at Edinburgh, 4th January 1433 [1433-4]. Witnesses, John of Neutone
of Dalcove, John Clerc and Andro Inglis. [Stephen Crichton's seal,
and the seal of Alan of Fairnile burgess of Edinburgh, on behalf of
James Parkle are said to be appended, but both are now wanting.]

12. Charter by George of Creichtovne of Blaknes and of Borthwik-
schelis, knight, granting to Andrew Ker of Altonburn the half lands of
Borthwicksliiels as in No. 10 supra ; to be held of Sir John Lindesay
of Byris and of Chaumerlan-newtovue as superior, for rendering service
due and wont. Dated at Edinburgh, 8th October 1444 ; witnesses,
Sir William lord of Crichton, Chancellor of Scotland, and Sir Walter
Scott, knights, Mr. George Schoriswod, Stephen Scott and Alexander
of Hepburn. Seal attached. Shield bearing a lion rampant, apparently
surmounted with a crescent for difference. [Two other writs relate
to this. (1) Letters of resignation of the lands by Sir George Crichton
into the hands of the superior, and (2) Another charter by Sir George,
granting the whole lands of Borthwickshiels to Andrew Ker. This
charter has the same witnesses as the preceding, and both writs
are dated at Edinburgh on the same day, 1.5th October 1444. Seal
appended to each.]

13. Lease by " Henry of Wod chaplaue " setting and letting all and
whole his " tenandry of lande of Hardenwod with the pertinentis
lyande within the soyleze of Borthwicsheillis and in the barony of
Chawmerlayne-newtone til my luffit frende Andro Kere lord of Aw-
tounburne, for al the dayis and termez of nynetene yerris fuUily to be
compleit, pessabilli joyssande alhale and togeddir, entrande and begyn-
nande at the fest off Witsonday next efter the date of thir lettrez for
the male of twenty schillingis in the yere and for ilk yere of the saide
nyntene yerris of the vsuale mone of Scotlande to be pait to me be the
saide Androu Kere or his facturis or subtenandis at twa termez of the
yere, that is to say Witsonday and Martynmes in wyntir, be twa ewyuly
porcionis, off the quhilk forsuth nynetene yerris male I graunt me wele
content and payit beforhande be the handis of the saide Androu throu
the deliverance and ressate of nyntene pundis," which sum tlie granter
discharges ; the lands to be held of him for the nineteen years. Dated
at Edinburgh, 17th June 1445. Witnesses, Archibald of Douglas lord
of Cavers, William of Douglas his son, Sir Walter Scott lord of the
Buccleuch, David Scott his son, Alexander of Cheseholme of that ilk,
Master Philip Pyle, burgess of Edinburgh and Jedwoi-de. [On the
same date, Henry AVood granted a ibrmal charter of the lauds, to be
held of John Lord Lindsay of the Byres as superior.]

14. Letters by Archibald Newtone of Dalcove bailie in that pai-t of
John Lord Lindsay of Byres, narrating that — in terras of a precept
of sasine, dated at Edinburgh 14th May 1471, directed by John Lord
Lindsay to Archibald Newtone of Dalcove and John Turnbull of
Newhalburue as his bailies, to infeft Walter Ker, sou and apparent

heir of Andrew Ker of Cesfurd, in the lands of Borthwikschelis and MSS. op Dckb
Hardenwode with pertinents, &c., as before described — the said o^Koxbteghe.
Archibald, the precept being read gave sasine accordingly to the
grantee in person. Done at the town [villa] of Borthwikschelis,
25 May 1471 ; witnesses, David Scott of Buccleuch, Andrew Ker of
Cesfurd, Walter Scott, David Pringile, William Ker of Yhare, John
Grimyslaw of Newton, Jaraes Riddale and William Grimyslaw.
Fragment of seal attached.

Brox^eld.

1 5. Instrument of Sasine, following on a precept under the quarter
seal of King James the Fourth (dated at Falkland, 26 June 1490) in
terms of a charter, for infefting Alexander Home of that Ilk, great
chamberlain of Scotland in the whole lands and barony of Broxfield,
with mill, &c., lying in the sheriffdom of Roxburgh, which barony was
resigned by Andrew Lord Gray. Sasine given to David Ranton, son
and apparent heir of David Ranton of Billie acting for Sir Alexander
Home. Done on 20th July 1490 at a manor lying in " le Fluris "
Avitbin the barony of Broxfield in presence of William Ker of iMersynton,
Ralph Ker of Primsydeloch, George Gledstanes and otliers.

Caverion.

16. Indenture between " Howioun " of Fotheringham and Walter
Scott as to the lands of Caverton. 23 June 1391.

" This endentoure mayd at Borthv/yke the xxiij day off the moneth off
June, the .yere off gras a m" ccc Ixxxxj witnes that it is accordit betwyn
Wauter f *t on the ta part and Howioun [Hugh] off ffcxlrygame on
the totbfr part, that the fforsaid Wauter has tan the fforsaid Howiounys
part off the landis off Cauerton ffor foure yere pessabel ffor xxxij mark
off syluer cff the quhilk he has pay it hym xv mark in his hand and the
laff off j)ayment sal pay at the termys ef tir foluand ; and gyff it hapvn
as God forbcde it do that the fforsaid Wauter or his ayris be distrowb'lit
in ony tym off the fforsaid foure yere be ony cause, than he or tliai sal
begyn agayn tyl thai or he haff joyssit the landis befforsaid ffoure yere
pessabili ; and I tliP fforsaid Howioun and my ayris obblych vs to the
fforsaid Wauter and his ayris to bald this couand lelyly. In the witnes
off the qwylk thyng we the fforsaid Wauter and Howioun has put oure
seallis to this endentoure day yere and plas befforsaid." [Seal
wanting.]

17. Retour of Inquest made in presence of Archibald of Douglas,
sheriff of Roxburgh, l)y James of Ruderfurde, Thomas of Craniston,
Walter Scot, Alexander of Xewtone, Symon of Dalgles, George of
Hoppryngile, Andrew Kere, James of Ormystoun Alexander of Scheys-
holme, William Turnbule, William of Ruderfurde, John Hage, William
of Aynisle, James Kere, John Turnbule, John of Aynisle, Thomas
Jonsoun, Richard Dauysoun and Thomas Crake, who beinof sworn
declare that the late Hugh of Fothrynghame father of Thomas of
Fothryngbame died last vest and seased as of fee, at the peace of the
king, of the third part of the whole lands of Cavertoun as well mains
lands as husband lands with the third part of the mills with pertinents
except the tenandry called " Langis lande," within the sheriffdom of
Roxburgh ; and that the said Thomas is lawful and nearest heir of the
said late Hugh his father, in the lands and that he is of lawful acre ;
that the lands presently and in time of peace are valued at twenty marks

MSS. OF Duke yearly and that they are held in chief of the Stewart of Scotland blench
OP RoxBUKGHE. f^j, ^^^ p^j^. ^f g^Q^gg ^^ t]jg fg^gt of St. James at Roxburgh, if asked ;

and that the lands are in the hands of the Stewart by the death of the
late Hugh for the space of 26 years. Dated at Jedburgh, 17 January
1429-30. [Three seals still remain attached to the writ. The first
bears the arms of Douglas of Cavers, the second the orle of Kutherfurd,
while the third is illegible.]

18. Notarial Instrument narrating that John of Fothringame of
Cavertoun, by his procurator, resigned into the hands of King James the
Third, the whole lands of Cavertoun belonging to him, in the sheriffdom
of Roxburgh, in favour of his son and apparent heir John of Fothringame.
Done in the King's chamber of the Castle of Edinburgh, 11 July
1471.

19. Notarial Instrument narrating that John Fothringame lord of the
third part of the lands of Caverton I'esigned the said lauds of Caverton
in favour of Walter Ker and his heirs. Done in the royal chamber of
the monastery of Holyrood of Edinburgh 28 May 1473. [Three writs
relative to this are (1) a formal Resignation in usual form by John
Fothringhame of Caverton, Archibald Dundas of that Ilk, knight, James
Shaw of Saucliy and William Roger of " Tracware " being his pro-
curators ; dated at Edinburgh 7th October 1472, with the granter's
seal attached, three bars per pale ; legend, " S. Johis Fothringha." (2) A
precept by King James the Third for giving sasine to Walter Ker of
Cesfurd of the 20 merk land of Caverton, forfeited by Robert Lord Boyd ;
dated at Edinburgh 5th October 1484; and (3) Instrument of Sasine
following upon said precept, dated 20th October 1484.]

20. Charter by Walter Ker of Cavertoun and lord of Honome
[Hownam], whereby for the honour of God, the Virgin Mary, St.
Katherine, and the Saints, for the soul of the late King James the
Second, the granter's own soul, &c.j he with consent of Robert Abbot of
Kelso and convent, founds, constitutes and ordains a perpetual chaplainry
at the altar of the foresaid St. Katherine the Virgin within the chui'ch
of the monastery of Kelso on the north side of the same for a perpetual
secular chaplain, for whose yearly sustenance the granter gives an annual
rent of twelve merks Scots from his lordship of Caverton, and another
annual rent of three merks from his lands of Hownam, within the
sheriffdom of Roxburgh, the money to be uplifted by the chaplain at
two terms in the year. The chaplain shall be bound to continual
residence under pain of loss of the said chaplainry, and he shall not
substitute anyone but he shall minister personally ; and if he be promoted
to a better benefice he shall vacate the chaplainry. The granter also
wills that in the event of a vacancy, he and his heirs shall grant the
vacant chaplainry to a fit secular within forty days, but if they neglect
to present within that time, the said Abbot and convent shall present it
to a fit chaplain, though in the meantime the convent shall have no right
to retain or convert to their own use the sustentation. With clause of
warrandice. Edinburgh, 5 December 1475. Witnesses, Robert Abbot
of Kelso, Robert Abbot of Jedburgh, David Scott of Buccleuch, George
Douo-las of Bongedward, John Anysle of Dolpliingston, Master Gawin
Vaich vicar of Calder-clere and others. [Another charter in similar terms
was granted by " Walter Ker of Cesfurd and lord of the barony of
Aldroxburgh " on iO October 1488, by which he gives for the chaplain's
support 20 merks yearly from his lands of Aid Roxburgh, with necessary
fuel from Caverton.]

21. Charter by Alexander Layynge of Cavirtoune granting and ^JJ^^jJ^.
alienating to Andrew Ker of Altonburne his husbandland Iviug in the —
town and territory of Cesfurd, which is commonly called " Langis land,"

within the sheriffdom of Roxburgh; To be held to Andre^v Ker and
his heirs from the grantor &c. of the King, for one penny blench
payable on land of Cesfurd if asked. Dated at Stirling, 28 March 1446 ;
witnesses. Sir William lord of Crechtoue, Walter Scott of Buccleuch,
knights, William of Crechtone, David of Crechtone, squires, Gawin
Brady vicar of Kippen and John Hudson, chaplain. Seal attached.
Shield showing a bend charged with three crescents, a moUet in the
sinister chief. Legend, " S. Alexandri Latkg."

Cessford.

22. Charter by King Robert the Bruce, granting to William of St.
Clair of Hirdmanstoun, knight, for his homage and service the whole
barony of Cesseworth with the mill of the same, and with all pertinents
except the land which Edmund Marescall has, by the King's gift,
within the said barony ; to be held to the said William and his heirs of
the King and his heirs in fee and heritage (excepting only to the King
the tenandry held by Edmund Marescall) for the service of four archere
in the King's army and a suit of court at the court of the sheriffdom of
Roxburgh. At Arbroath 10th June A.R. 20 [1325]. Witnesses,
Bernard Abbot of Arbroath, chancellor, Duncan Earl of Fife, Walter
Stewart of Scotland, James lord of Douglas and Alexander Eraser,
chamberlain, knights. Fragment of Great Seal appended. [This charter
does not appear to be recorded in the extant register of the Great
Seal.]

23. Charter by King Robert the Second, granting to Walter of St.
Clair, the Avhole barony of Cesseworth with mill, except the land held
by the late Edmund Marescall from the late King Robert Bruce, which

• barony was resigned by John of St. Clair of Hirdmanston; to be held
to the said Walter in fee and heritage, for the services due before the
resignation. Dated at Perth 8th March A. R. 6 [1376]. Witnesses,
William, Bishop of St. Andrews, John Earl of Carrick, the King's
eldest son, Steward of Scotland, Robert earl of Fife and Menteith "the
King's son, William Earl of Douglas, John of Carrick, chancellor, James
of Lyndesay the king's nephew, Alexander of Lyndesay and Robert of
Erskyne, knights. Portion of great seal appended. [This charter is on
record, but the names of the witnesses are not given in the register.]

24. Act of General Council held by Robert Duke of Albany at Perth
20 March 1415-6, as to the lands of Cessford. Actus consilii generalis
doraini Roberti Ducis Albauie comitis de Fyfe et de Menteth ac regni
Scocie Gubernatoris, tenti apud Perth in mense Marcii, anno Domini
millesimo quadringentesimo decimo quinto et gubernacionis sue decimo,
penes querelam domini WiUelmi de Cokburne militis, clamantis se
tenentem domini nostri regis racione spouse sue filie et heredis quondam
Walteri de Sancto Claro militis, de terris baronie de Sesworth infra
vicecomitatum de Roxburgh, in quibus terris baronie predicte asseruit
dictam sponsam suam per breuia canceUarie domini regis debita intrasse
et in po.ssessione legitima perstitisse, licet alias Willelmus de Douglas de
Aldroxburgh miles asserens dictam baroniam dc Sesworth de ipso teneri
in capite ipsos Willelmum de Cokburne et sponsam suam in possessione
sua perturbauerit minus iuste : Quemquidem Willelmum de Douglas,
militem fore dominum superiorem dicte baronie de Sesworth idem

op^RoxB ^^^^ Willelmus de Cokburne pro se et sponsa sua predicta sepius ut asseruit
■ — ' disclamabat, prout tunc coram dorainis de consilio publice disclamauit ;
Requirens cum instancia debita prefatum dominum gubernatorem et
suum consilium sibi super premissis de oportuno reraedio prouideri.
Cuius quidem Willelmi de Cokburne militis audita querela lectisque cartis
infeodacionis dictarum teirarum recolende memorie dominorum Roberti
primi et Robert! secundi regum Scottoinim illustrium sigillis suis
roboratis, domini de consilio decreuerunt quod idem dominus gubernator
superioritatem baronie predicte de Sesworth per vicecomitem de Roxburgh
in manus suas recognosci faciat indilate, dictumque Willelmum de
Cokburne tanquam tenentem regis racione dictesponse sue in possessione
dictarum terrarum suarum manuteneat et defendat ; quodque dictum
Willelmum de Douglas militem qui est in transmarinis partibus ut refertur
si et quando ad partes veuerit per suas literas patentes sumraoneri faciat
quod compareat ad certos diem et locum calumpnie domini nostri regis
et sue super purprestura predicta debite responsurus. Datum sub
testimonio raagni sigilli dicti domini gubernatoris apud Perth vicesimo
die mensis Marcii anno quo supra.

25. Notarial Instrument narrating that in presence of the notary and
witnesses an honourable man, Alexander of Cokburne, presented to
Master Philip Pyle depute of Sir Archibald of Douglas, knight, sheriff of
Teviotdale, an attorney from the royal chancery in which Alexander was
named among others, which being received, read and admitted, he pre-
sented a precept of sasine from the royal chancery directed to the depute
himself for giving to the attorney or attorneys of Christian Sinclair, spouse
of the late Sir William of Cokburne, knight, heritable sasine of her lands
whatsoever of Cesfurde with pertinents, according to the tenor of a
charter of entail confirmed to her by the King. The said Master Philip
having read the royal letters, viz., the attorney, letter of sasine and
charter of entail,. commanded the King's sergeant, William of Grymyslaw
to assign heritable sasine of the said lands to the said Alexander
Cokburne in name and on behalf of the said Christian, his mother, which
the sergeant did in due form. Done in the town [villa] of Cesfurd in a
building of the same, on the 10th November 1441 ; witnesses, Andrew
Ker younger, Adam Scot, Ralph Tayte, Thomas Tayt, Gilbert Mossy,
William Scot, John Scot his son, Robert Gibson and James Chawmyre.

26. Charter by James Lord " le Hamyltoune," knight, granting to
his kinsman Robert of Grahame, son and heir of Marion of Olyfawnt,
for service done and to be done, his whole lands of Cesfurd with
pertinents, lying within the sheriffdom of Roxburgh, which lands had
belonged to the said Marion and were resigned by her in the hands of
the King who had regranted them to Lord Hamilton ; To be held, the
said lands to Robert Grahame and the heirs of his body, whom failing to
Walter Grahame, his brother-german, whom failing to Patrick Grahams
and Umfrid Grahame also brothers german, and the heirs of their
bodies respectively, of the granter and his heirs in fee and heritage, for
rendering a white or red rose at Midsummer on the ground of the lands,
if asked ; reserving to the said Marion her liferent. Dated at Bothwell,
24th February 1446-7. Witnesses, John Hamyltoune, brother-geriimn
of the granter, Arthur, James and Alexander of Hamyltoune, Ids
kinsmen, William of Clcland of that lUc, Sir George Vicaris the grantor's
chaplain and Sir John of Mousfald, vicar of Glasgow choir. Seal
attached, shewing three cinque-foils. Legend " S. Iacoiji Do.mixi
Hamilton."

27. Charter by King James the Third, granting to his faithful MSS. op Dueb
Andrew Kerr of Altonburne, the whole lands of Cesfurd, with all °^ ^osst^gsts.
pertinents and annexations formerly annexed and united to the said

lands or barony of Cesfurd ; also twenty marks of lands in Cesfurd,
which Andrew Kerr had acquired from James Lord Hamilton ; lying
in the aheriffdorn of Roxburgh — which twenty merk lands the king
annexes and incorporates with the pertinents of the said barony ; v,-hich
barony belonged to Andrew Kerr and was resigned by him in the King's
hands ; to be held to the said Andrew for his life and after his decease
to Walter Ker, his son, and the lawful heirs-male of his body, whom
failing to Thomas Ker and Mr. Robert Ker brothers of Walter, and
the lawful heirs-male of their bodies, &c., as freely and for all services
as before the resignation. At Edinburgh, 27 April 1467. Witnesses,
Andrew Bishop of Glasgow, Thomas Bishop of Aberdeen, Andrew
Lord Avandale, chancellor, Colin Earl of Argyll, master of household,
Robert Lord Boyd, Robert Lord Lile, Messrs. James Lindsay, provost
of Lincluden, keeper of privy seal, David Guthrie of that Ilk, comptroller,
and Archibald Whitelaw, dean of Dunbar, secretary. [This Charter
does not appear in the extant register of the Great Seal. It was
followed in due course by a precept of sasine, on which infeftment was
given on 29th October 1467, at the gate of the castle of Cesfurd,
William Pryngil constable of said castle, and others being witnesses.]

28. Renunciation by Margaret Ker of her rights to the barony of
Cessford, beginning *'Be it kend till all men be thir present lettres me
Mergret Ker, the dochter of vmquhile Androu Ker, sone and apperand are
to Andro Ker of Cesfurde, now being in my pure virginite and at lauchfull
aige of myn awin fre will with the counsale and avise of my maist
tender and nerrest frendis, that is to say, a reuerend fadir in God,
Thomas bischop of Aberdene, Patric lord Halis, maister Archibald of
Quhitlaw, secretare to cure souerane lord, Schir Patric Hepburn of
Duns} are, Schir William of KnoUis, preceptour of Torfichin, knychtis,
Archibald Froster of Corstorfyne and Mergret Lady Dirltoun, my moder,
for the fauour and hertly lufe that I haue to my derrest erne Walter
Ker of Cauerloune and for ane obligatioun deliuerit be the said Walter
and ressauit be me of the soume of aucht hundreth merkis of the vsuale
mone of Scotland vnder his sele and vnder the sells of Dauid Scot of
Branxhaim, Andre Ker of Cesfurde, Dauid Pringill of Smalehaim and
Patric of Murraye of Faulohill, to be pait to my marraige, to haue quit-
clemyt and renuncit," as she in due form renounces all right or
claim she may have to sncceed to her father, or to her grandfather
Andrew Ker, and specially all claim to the barony of Cesfurde, with its
pendicles, Borthikschelis, Hownum mains, Hyndhope, the Feu of
Boule, Donypace, Glenquhim and all other knds that might belong to
her by reason of heirship or succession ; so that Walter Ker or his
heirs either of line or tailzie may possess and enjoy the said barony.
The grantet binds herself not to infringe this contract in any way, under
penalty of 1000 merks payable to Walter Ker, 1000 merks to the King
and 500 merks to the work on the church and bridge of Glasgow. At
Edinburgh, 6th November 1479 ; witnesses, James of Reddale of that
Ilk, Adam Hoppringle of Burnhouse, Sir David Lutherdale, archdean
of Dunkeld, and others. Seal wanting.

29. Charter by William Cokburne of Skirlyne, granting and
alienating to Walter Ker of Cesfurde his whole lands of the barony of
Cesfurde in the sheriffdom of Roxburgh ; to be held from the granter

y 78«8». B

MS8. OP DcTEB of the King in fee and heritage, for the services due and wont. Dated
or RO2B0BGHB. ^^ ^j^^ ^^^„j^ ^f Jedbufgh, 22 November 1493 ; witnesses, Robert Abbot

of Kelso, John Edmonston, son and apparent heir of John Edmonston of

that Ilk, Walter Scott of Buccleuch, James Cokburn and John Anislie.

The writ is said to be signed, but only the granter's seal is attached.

Legend, " S' Dni Wilelmi Kokbvrn," bearings undecipherable.

Lands of Graden.

30. Retour of Inquest (with the royal brieve attached, of date 14th
May 1600) made before Robert TurnbuU, sheriiF depute of Roxburgh,
by Andrew Ker of Greneheid, Andrew Ker of Lyntoun, Thomas
McDowell of Stodryg, Ralph Ker of Schaw, Lancelot Ker of Gaitschaw,
Andrew Ryddell of that Ilk, Gawin Eliot of Stobbis, Andrew Douglas of
Tempindene, Robert Ker of Melrois, Thomas Ker of Cavers, George
Rutherfurd of Phairnyngtoun, John Halyburtoun of Muirhouselaw,
James Anislie, John Alensone and William Browne, bailies of the
burgh of Jedburgh, who being sworn, declare that the late William Ker
of Cesfurd, father of Sir Robert Ker now of Cesfurd, knight, died last
vest and seased as of fee at the peace of the king in the lands of Graden,
within the barony of Lyntoun and sheriffdom of Roxburgh, and that
Sir Robert Ker is the lawful and nearest heir of his father and is of
lawful age ; that the said lands now and in time of peace are valued at
ten pounds yearly and that they are held in chief of Lord Somervell in
blenchfarm for rendering a white rose on Midsummer day ; that the
lands are now in his hands and have been since the death of the late
William Ker in February last, or about five months. Done in the
tolbooth of Jedburgh 3rd June 1600. Five seals are attached, but the
impressions are very faint.

Lands of Hoicnam, 8^c.

31. Charter by Mariota of Lawedre, spouse of Sir Alexander Home
of that Ilk, knight, granting, with special consent of her husband, to
Andrew Ker of Altovnburne, her mains lands of Hownowm, lying in
the sheriffdom of Roxburgh ; which mainslands belonged to Marjorie,
Isabella, Janot and Ellen of Roule, sisters, in heritage, and were formally
resigned by them in presence of the under-named witnesses ; to be
held the said lands to Andrew Kex*, his heirs and assignees, of the
granter and her heirs in fee and heritage, for rendering one silver penny
yearly at Pentecost, if asked. Dated at Dunglas, 20th June 1 143 ;
witnesses, Adam of Hepburn lord of Halys, Sir Patrick of Hepburn lord
of Yaluchtoun [Wauchton], Sir David of Home lord of Wetherburn,
knights, William of Setoun, son of the late Sir Alexander of Setoun
lord of Gordoun, Robert of Lawadre of Eddringtoun, William of
Hepburn, David of Home, son and heir of the said Sir David of Home,
George of Home, and Thomas of Home.

32. Notarial Instrument narrating that in presence of the notary and
witnesses, a noble man, Henry Wardlaw of Torry freely admitted and
openly and publicly acknowledged that he had received by tlie hands
of George Twede in name of Walter Ker, son and heir apparent of
Andrew Ker of Cesfurde, the sum of two hundred and forty merks
Scots, in ancient payment and money for the lands of Hounname, upon
which George Twede asked instruments. Done in the dwelling-
house of Thomas Folkert in the burgh of Edinburgh in presence of
Thomas Folkert, Mr. Henry Martin, William Pringil, Walter Wardlaw,

Thomas Ker, Alexander Prin^ilL Henry Levingston of Manerston and MSS. op Drsa
Others, on 20th May 1468. —

33. Notarial Instrument narrating that in presence of the notary and
witnesses^, a prudent man John Ker in Caverton showed and declared
that he held heritably three husband lands with their pertinents, lying
in the town and territory of Hownum, within the sheriffdom of
Roxburgh ; which done, he duly resigned the lands into the hands of
Walter Ker of Cesfurd, his overlord, to dispose of the three husband
lands at his will. Done in the monastery of Kelso at 10 a.m. on 20th
April 1489 ; witnesses, John Wauch, John Atkynson, John Robsoun
and John "Waik, perpetual vicars respectively of Ednam, Morton,
Maxwell and Bolden, with others.

Bailiary of Jedburgh Forest.

34. Indenture made between George Earl of Angus, lord Douglas,
and warden of the East and Middle marches of Scotland, and his right
well beloved cousin Andrew Ker of Cesfurd, to the effect that the said
lord shall make Andrew Ker his bailie of his lordship of Jedworth
Forest during " al the day is of the said lord and Androis lyfis," with
full powers, and shall cause his men of the lordship do service to him
next himself and obey him as they ought to do to their bailie. The said
Andrew shall have the manor of " Lintole " [Lintalee] for his residence,
but shall lease no lands save with the Earl's advice, nor receive any of
the Earl's rents, but shall suffer the officers to deal therewith at the
Earl's order, and he shall truly minister in the said office " for al the
said tyme for the said lordis worschip and his avale, and the profyt of
the cuntre " : For which things the said Andrew is become man to the
said lord, " before al that lyf or de may," the king and queen excepted,
like as he had made bond of service before, truly to serve the said lord
during their joint lives; and the said lord shall give hira his bond of
maintenance. The parties give their "gret athis, bodily sworn" to
keep the contract. In witness of which the Earl sets his seal to one
part of this indenture while to the other part is set the seal of David
Hoppringill of Pilmuir because Andrew Ker had no seal of his own
present. Dated at Jedburgh, 7th December 1457 ; witnesses, Schir
Walter Scot, David Scot and others. Signed " Georg eri of Angws,
etc" Seal affixed, somewhat broken.

Bailiary of Barony of Kelso.

35. Letters granted by Robert Abbot of Kelso, with consent of the
convent, conferring upon Walter Ker of Caverton, son and heir of
Andrew Ker of Cesfurd, — for his services and specially in recompense for
his gift to the Abbey of fuel from the moor of Caverton, namely " le
turf, pete, hathir, cole and brume " necessary for the Abbey, — the offices
of Justiciary and Bailiary of the whole lands of the barony of Kelso and
of the lands and lordships of Sproaston and Reddane and of the barony
of Boldane [Bowden] and all other lands of the Abbey within the
sheriffdom of Roxburgh, also of all their lands of Ugstoun, Home,
Gordoun, Bothel, Harnhetle and all others in the sheriffdom of Berwick,
and of their barony of Dodynston and lands of Hundby lying in the
sheriffdom of Edinburgh and constabulary of Haddington ; with a fee
of £10 Scots yearly, to be uplifted from the lands of Bowden; To be
held the said offices, with fee, to the said Walter Ker, whom failing to

B 2

MSS, OF Duke his brothers, Thomas, William and Ralph, and to the heirs male of the
'. — ■ body of each in succession. With the usual powers of justiciary and
bailiary. Dated at Kelso, 1st October 1478. Signed by the Abbot and
by seventeen members of the convent.

Magdalens near Linlithgow.

36. N'otarial Instrument narrating that in presence of the notary
and witnesses, an honourable man, John Skot, and Elizabeth GudsuanCy
his wife, appeared and produced a precept of sasine (dated at
St. Andiews, 10 January 1503-4) by John, Prior and convent of
St. Andrews, narrating that Andrew Skot, burgess of Linlithgow died
last vest in one acre of land " terre ruralis," lying in Magdaleneside
between the land of Patrick Ka on the west and the land of Thomas
Forest on the east, that the said John Skot, his son, is his lawful and
nearest heir, who had petitioned that Elizabeth Gudsuane Jn her
virginity should be placed along with him in fee and possession of the
said acre of land, in terms of which petition the prior directed sasine to
be given. Sasine given accordingly on the ground on 25 January
1503-4. [Two other Instruments both dated l7th October 1505 show
that John Skot, heir of the late Andrew Skot, with consent of Elizabeth
Gudsuane, his wife, sold to Robert Danzelstoun, burgess of Linlithgow^
two perticates of arable land lying in said burgh on the north side of the
High Street between the land of Patrick Ka on the east and the land of
John Cowper on the west ; other two perticates lying at the end of the-
land of the Madyr yards, which the late Thomas Leston held on the
west the King's highway on the north and the King's lands on the
east J and other two perticates of land lying between the lands of
Thomas Bertilmew on the west and east, and the common way which
leads to the Blackness on the south. Another writ discharges a sum of
money paid by DanzelstouQ for five acres of land, of which " ane akyr
lyis in the Magdaleune side and haldyne intill chiefF of the priour and
conuent of Sanctandrois, ane pese of errabill land that lyis beneth the
Magdaleune Corse onne the nedder pairt, the third pese lyis ane estald
the maddyr yard, twa riggis that lyis ane estald Gillans berune, with the
half of the Bernishill with the pertinents that is haldyne intill chieff of
the Abbot and Convent of HalHrudhous ... in the berrony of
Brochtoun and withyne the constabillry of Edinburgh and Lithgow."
Dated 24th December 1505. Signed " Jhone Scot manu ppa." Seal
attached. Legend, S. Iohannis Scot. Device on shield, partly
obliterated.]

Plenderleith and Hindhope.

37. Precept by Laurence Lord Abirnethy in Rothimay, baron of the
barony of Prenderlath, directed to George of Ormystoun of that Ilk
and John Robsone as his bailies for giving sasine to Andrew Ker of
Altonburne of the lands of Prendyrlath and Hyndhope lying in said
barony in the sheriffdom of Roxburgh, which lands belonged in heritage
to Marjorie, Isabella, Jonet and Ellen Roule, sisters, daughters and
heiresses of the late Andrew Roule, and were duly resigned by them.
Dated at Jedburgh, 12 February 1454-5 ; witnesses, Sir Walter Scot of
Buccleuch and Sir Simon Glendynwyn of that Ilk, knights, William of
Dou'>-las, Stephen Scot, Robert of Gledstanys, Archibald of Rutherford,
John Anysle and Thomas Brown, clerk. [The granter states that in the
absence of his OAvn seal he had procured that of Sir Archibald of
Douglas, knight, sheriff of Roxburgh, but it is now wanting.]

38. Charter by William Lord Abernethy in Eothimay, granting and ^^^;j^^^^
confirming to Walter Ker, son and apparent heir to Andrew Ker of —
Cesfurd, the lands of Hindhope lying in the granter's barony of Prendei-

lath in the sheriffdom of Roxburgh, which was resigned by the said
Andrew Ker ; the lands to be held to Walter Ker, whom failing to each
of his brothers Thomas, William and Ralph Ker and the heirs male of
their bodies respectively, of the granter and his heirs, in fee and heritage
for services used and wont ; reserving to the said Andrew Ker his life
rent and a reasonable terce to his wife. Dated at Edinburgh, 15 May
1471; witnesses, Mr. George Abernethy, provost of the collegiate church
-of Dumbarton, James Abernethy, brother german of the granter, John
Newton of that ilk, Robert Rutherford of Chatto, John Anisle of Dolfins-
ton, William Cokbume of Newhall and Thomas Unthank, notary public.
Seal wanting.

Primside.

39. Giarter by Archibald Earl of Douglas and of Longavile and lord
of the regality of Sproustoun, confirming letters (dated at Primside on
Sunday 4th June 1430) by which Andrew Roule lord of Promside in
consideration of one hundred pounds Scots borrowed by him from
Andrew Ker lord of Aldtonburne, leases to Ker, his heirs, executors and
assignees the lands of Promside " lyand in the south side of the tonne
of the Promside as the hee wai liis fra Lyntoun loch to Promsid yhettis
and so furth to the watter of Bowbentis [Bowmont] be richtwis and aid
marchis and methis, and twa husband landis lyand on the north side of
the town of Promside, the quhilk is callit James Keristak," the lease
to endure for nine years for 12 pennies Scots of yearly maill with
•engagement to repay the £100 at the end of the nine years on the high
altar of St. Mary's Kirk at Hawick ; but if the sum be not then paid
the lessee shall re-enter to the lands for other nine years, and so on till
the money be paid ; under a i)enalty of £20 Scots to be paid to the
*' kirkwerk " of Glasgow, and of other £20 to be paid to Andrew Ker
or his heirs, in case of any impediment to the lease being made by the
said Andrew Roule. Which lease the Earl of Douglas ratifies in all
points at Bothwell 26th January 1429 [1430]. Seal attached, in good
■condition. [The dates of the Charter and the lease are confusing, and
one or other must be erroneous. Sunday fell on 4th June in the year
1430, which is the date of the lease, but this does not agree with the
date of the Charter. Which is wrong cannot be ascertained, though as
the 4th June of the year 1413 was also a Sunday, that ncay be the correct
<late of the lease.]

40. Notarial instrument narrating that John TurnbuUe of le Fultoun,
bailie of the regality of Sprouston, at the command of Archibald Duke of
Touraine, Earl of Douglas, &c., passed to the lands that formerly
belonged to Andrew Roule of Primside in the town of Primside and
regality of Sprouston, in the sheriffdom of Roxburgh, and after resigna-
tion by the said Andrew, gave sasine of the lands to George of Roule his
son and heir and Margai-et Ker, daughter of a prudent squire Ai.drew
Kere of Awtonburne, pretended wife of George and to the longer liver
of them. Done at the chief place of the lands 28 April 1432 ; witnesses,
Adam Spendluffe chaplain, John Twedy, Richard Kere, Andrew Kere,
James TurnbuU, Henry Anysley, squires, Williani of Hawdene, Thomas
Coltart, John Madur, James Portuse, John Portuse, Thomas Strang,
Gilbert Yole, William of Bellendene, William Chatto, James Yong,
William Broim, James Knychson, John Broun, William Androson,

MSS. ov Dttkb John Folcart, William Lawson, Eobert Gibson, John Chatto and Robert

41. Confirmation by Archibald Duke of Touraine, Earl of Douglas, &c.,
by which after inspecting the writ in his hands in presence of his council,
he ratifies a charter (dated at Edinburgh, 20th November 1430) by
Andrew Roule lord of Prymside, with consent of George his son and
heir, granting and selling to Andrew Ker lord of Awtounburn, his ten
husbandlands of the Maynis lying on the south half of the town of
Primside (the same lands as those named in No. 40 supra) and if they did
not extend to ten husbandlands, the deficiency was to be supplied from
the granter's lands on the north side of the town; to be held to Andrew
Ker his heirs and assignees in fee and heritage for ever, for rendering to
the overlord service due and wont. Confirmation dated atEthebredscheillis,
6th August 1432. [Witnesses to Eoule's charter Archibald of Douglas,
lord of Cavers, James Ruthirfurde of that Ilk, Thomas of Crenniston of
that Ilk, William of Liberton, provost of Edinburgh, Alexander Napsr,
John Barcare and Henry Dempstar, bailies there, and others. Wit-
nesses to the Earl's charter, William Abbot of Kalko [Kelso], James of
Douglas lord of Balwany, Walter Scott of the Bukcluch, and James
Ormeston of that Ilk. Earl's seal attached.]

Other writs relating to the foregoing are (1) A letter of procuratory
by Elena Roule of Px-ymside appointing her husband Thomas Yonge,
Stephen Scot, Thomas Gleddistanis and others, as procurators to resign
her part of Prymside, as one of the heirs of her father the late Andrew
Roule into the hands of Archibald Duke of Touraine, &c., superior.
Dated at Kelso, 14 April 1439. (2) Charter by Archibald Duke of
Touraine granting to Andrew Ker of Altonburn, the lands of Primside,
resigned by Marjorie, Jonet and Elena Roule, daughters of the late
Andiew Roule. Newark " Le Newerk " 4th May 1439 ; witnesses, Sir
William Crichton of that ilk, chancellor of Scotland, Master John of
Railston rector of Douglas, the Earl's secretary, Thomas Cranston of
that ilk, Alexander of Nafne, Robert of Gledstanes and John Turnbull
of Langtoun, constable of " le Newerk." The Earl's seal attached. (3)
Precept of sasine thereupon. Same place and date. (4) Charter by
William Duke of Touraine, &c., granting to Andrew Ker of Altonburn
the four parts of Prymside resigned by Marjorie, Isabella, Jonet and
Elen Roule, the four daughters of the late Andrew Roule. Dated at
Edinburgh, 18 February 1439-40 ; witnesses, Sir I^aurence Abernethy
of Rothimay, Sir John Maxwell of Calderwood, Sir George Campbell
of Loudoun, Sir James Auchinleck of that ilk, knights, Master John of
Railston, Master Thomas Spens, the Duke's secretary, Alexander Nam,
James Rutherford of that ilk, Thomas Cranstown of that ilk, William
Murray of Cranston and John Murray of Cranston.

42. Charter by Andrew Ker lord of Altonburn, with consent of
Andrew Ker his son and heir, granting to James Ker his son, certain his
lands of Prymside " jacentes by rendale cum terris Thome Ker filii mei
et infra regalitatem de Sprouston infra vicecomitatum de Roxburgh,
valentes quinque libras vsualis monete regni Scocie per has diuisas,
videlicet, Incipiendo ad laciun de Lyntoun versus orientem, transeundo
rectam viam vsque ad januam orientalem de Prymside et sic descendendo
per morrasium vsque ad fossatum sine siketnm et vsque ad viam que
tendit vltra fossatum et sic per viam rectam vsque ad marchias de
Yhethame vsque ad cumulum lapidum apud Prymside yhettis, et sic eundo
vsquo ad ly Bolbent et deinde ad marchias de Clyftoun et a dictis

marchiis de Clyftoun vsque ad quatuor lapides jacentes in ly Swyre, qui M88. o» Drxa

lapides stant in marchiis terrarum quatuor dominorum, et sic ad marcliias °' ^tegh .

que transeunt inter Grubbat et Prymside vsque ad album lapidem, et sic

eundo vsque ad tres lapides jacentes in cono caiusdam vadi sen transitus

aque et sic eundo vsque ad lacum de Lyntoun " with the mill of Prymside

and a halfmerkland adjacent to the mill, except what the granter reserves

to himself as overlord ; To be held to James Ker and his heirs in fee and

heritage, rendering to the granter and his heirs services due and wont.

Dated at Caverton, 27th August 1444. Witnesses, William Abbot of

Kelso, Master Eobert Penven, rector of Sowdon [Southdean] and Sir

Thomas Wichtman, vicar of Malkarston.

43, Retour of Inquest made in presence of William Earl of Douglas
and Avandale, lord of Galloway and of the regality of Sprouston, by
Sir Walter Scot, knight, James Rutherfurd of that Ilk, James Ruther-
furd, James Ormyston, Archibald Newton, George Ormyston, John
TurnbuU, William Murray, John Murray, James Hog, Adam Turnbull,
Norman Fawside, John Makmoryn, Bernard Hawden and James
Cranston, who being swora, declare that Andrew Ker, late father of
Andrew Ker bearer hereof, died last vest and seased as of fee at the
peace of the King of four parts of the whole lands of Primside, and
13/4</. of annual rent to be uplifted yearly from the fifth part of the
said lands, lying in the regality of Sprouston, &c. ; that Andrew Ker L*?
the lawful and nearest heir of his father in said lands, and is of lawful
age ; that the said four parts were valued yearly at 24 merks and are,
with the annual rent, held in chief of the earl as baron of the said
regality ; and that they have been in his hands since the decease of the
late Andrew Ker about two years from Christmas last past. Done at
Newark, 1st March 1446 [1447]. Seven seals are appended. The first
is that of the Earl of Douglas, much broken. Two seals beai' the
cognizance of Rutherford — an orle and in chief three martlets, while two
bear the bull's head of Turnbull. The sixth seal bears a saltire en-
grailed and on a chief three mollets. legend, " S. Yilelmi de Moray,"
and the seventh bears the arms of Murray of Falahill — a hunting horn
stringed, and on a chief three mollets. Legend, *' Sigillum Iohajjnis
DE Mttrkay."

44. Charter by Walter Ker of Cesfurd, in favour of James Ker, son
and heir apparent of George Ker of Lyntoun, granting to him the same
lands with the same boundaries, Lancelot Ker being the adjoining
proprietor. Dated at "Halidane" 30th November 1537; witness,
ifiter alios, Robert Ker, brother german of Walter Ker of Graden.
Signed " Walter Ker of Cesfurd wy* my hand at ze pen." Seal wanting.
[The usual precept of sasine, same place and date is also in the charter
chest.]

Sprouston.

45. Precept by Archibald (fourth) Earl of Douglas, directed to James
of Gledstanis, Lis bailie in that part of the regality of Sprouston, com-
manding him to give sasine to the earl's squire John of Cranistons, son
of the late Sir William of Craniston lord of that ilk, in £20 worth of
land granted heritably to him by charter in the town and territory of
Sprowistoun in the regality of the same, on the west side of said town,
extending lineally from north to south. At Edinburgh, 4 November
1403.

o? RoxltJKGHE ^^' ^^^^^^^^ ^y Archibald Duke of Touraine (fifth) Earl of Douglas
— ' &c. granting the f^ame lands (tenandiies if any be in that part, excepted)
to Thomas of Cranstoun of that ilk ; to be held to him and the heirs
male of his body of the Earl and his heirs in fee and heritage, for
services due and wont. Edibredschellis, 2 August 1432 ; Avitnesses, James
Douglas of Balvany, the earl's uncle, William Crichton of that ilk,
knight, Patrick Livingston of that ilk, James Livingston, son and heir
of the lord of Calandar, Alexander Hamilton of Edalvvood, David
Murray of Neuton, George Murray of Blackbarony and Alexander
Murray of Cranstoun. Seal attached. [A precept follows same place
and date.]

47. Letters by Archibald Duke of Touraine &c. by which for the
honour and praise of God, the Virgin Mary and St. John the Baptist,
for the weal of his own soul and that of Eupheme his spouse, &c. he
gives and confirms to the prior and convent of the Charterhouse
" domus vallis virtutis" of the Carthusian order near the burgh of
Perth, the lands comprehended in the following marches, viz.,
" Incipientes ex parte orientali a Scurrikrag et asccndentes per ffogle-
burne vsque ad Cocardene et sic extendentes versus oriens per marchias
terrarum monasterii de Kelson vsque ad terras de Eeddane et sic vltra
versus austrum vsque ad marchias terrarum de Hawdane ; et ex parte
occidentali incipientes ad le Hall yardis et exinde extendentes versus
boriam ad aquam de Tweide, vna cum omni libertate et \su dicte aque
et sic sursum Pakouburne sicut Yenisdene se extendit versus austrum
vsque ad Murikluch, et a le hede de Murykluch extendentes versus
austrum vsque ad marchias de Lempatlaw et postremo extendentes
vsque ad Hawdane stanke, jacentes in^ baronia de Sproustone infra
vicecomitatum de Teuidale;" to be held to the prior and convent and
their successors in pure and perpetual alms, with bonds, bondages,
natives and their sequels, peat bogs &c. fees & foi-feitures &c. justiciary
high & low &c., without any tolls, subsidies, taxes or contributions, for
offering continually the voice of supplication to God for the granter and
the souls above named. Dated at Edibredschelis, 2 February 1433-4;
witnesses, Henry Wardlaw, bishop of St. Andrews, Robert of Cardeny
bishop of Dunkeld and John Crannok bishop of Brechin, Mr. John
Togo abbot of Melrose, William Douglas Earl of Angus and Alexander
Stewart Earl of Mar, James Douglas of Balvany, Archibald Douglas
sheiiff of Teviotdale, Nicolas of Rutherfurd, George Pringill and
Alexander Pringill, squires. Seal attached. [Precept of Sasine, same
place & date, directed to Sheriff of Teviotdale.]

48. Letters of Sasine (in the vernacular) by Archibald Douglas
sheriff of Roxburgh, certifying that in terms of the piecept by the Earl
of Douglas, he caused his brother Duncan Gray, sheriff depute give
sasine to Friar John of Bute of the order of the Charterhouse,
procui-ator for the prior and convent of the same called the " wale of
wertew " beside Perth, of the lands named in the Earl's charter.
Edinburgh, 18 March 1433-4. Seal attached.

49. Charter by William (eighth) Earl of Douglas granting to Thomas
Cranston of that Ilk the Earl's lands on the west side of the town of
Sproufctoun, between the lands of the said Thomas on the west and the
lands held from the Earl by the Carthusian monastery on the east,
according to the old marches, from the water of Tweed ascending by
the burn called Pakokburn to a cairn above the town and thence by
known and old marches to the common pasture of the town, with the

mill of said towu ; reserving to the Earl his capital messuage of the MSS. op Dckb
regality of Sproustoun situated within the lands granted : To be held °^ aoxBCEGHE.
for ward and relief. Dated at Stirling, 10 ^lay 1446 ;witnesses,
Mr. James Lindissay of Covington, the earl's secretary, Alexander
Home of that ilk, James Achinlek of that ilk, David Home of
Wedderburn, knights, John Murray of Falahill, Archibald Haliburton,
James Douglas and Adam Turnbull. Seal attached. [Letters of Sasine
ako were given by John Murray of Falahill certifying that he had
delivered sasine of the lands. 16 May 1446. Seal attached.]

50. Letters by King James the [Fourth ?] directed to the Sheriff of
Roxburgh, narrating that his " deuote oratouris," the prior and convent
of the Charterhouse, had shown that they were infeft by his progenitor
and " forgrandschir " King James the First in a part of the lands
and barony of Sproustoun lying beside the Abbey of Kelso, which
lands " the Abbote of Kelso has, of toUerance and without ony assi-
dacioun or tak of the saidis prior and convent, be the space of xxx
yeris bipast with the mare and tendis nocht to tak the samyn of thaim
bot pais yerlie therfor hot at his plesour, and swa throu the persut and
ingetting of the proffitt that haue of the saidis landis thai man mak
yerlie als mekle expens as thai get of proffitt ; and attour throu the vse
that the said Abbot has had of the saidis landis without assidacioun of
the saidis prior and convent, thai haue na perfit knaulege of thare
bovndis of thare saidis landis to thare grete dammage and skaith and
contrare iustice ;" for which t!ie king directs the sheriff to warn the
Abbot and Convent of Kelso to desist from labouring the lands unless
they can show a suflBcient lease. Given under the signet at Stirling the
23rd September, year of reign 16. [1503 ?]

Teindside.

51. Notarial instrument certifying that Oswald Abernethy per-
sonally appeared in an open court (" in plena curia ") held at Neuwerk
before a mighty and potent lord William Earl of Douglas and Avandale,
lord of Galloway, and in presence of a notary and witnesses publicly
and solemnly asserted that he did not claim or challenge any man in
special to be his lord superior of tlie lands of Tenside and Harewode,
in the sheriffdom of Roxburgh and regality of Hawyk, but him whom
men of inquest should find to be baron of the barony of Hawyk whom
he would have as his superior of the lands and hold them from him
in capite. Done at Neuwerk, in the great hall in public court iu
presence of Sir James Auchinleck of that ilk, knight, Mr. James
Lindissay, canon of Glasgow, Thomas Cranstoim of that ilk, Andrew
Ker and George of HoppringiU. George of Schoriswod. notary.
1st March 1446-7.

TulUallan.

52. Notarial instrument narrating that Sir John of Edmundstoune,
knight, lord of that ilk, appeared personally in presence of the notary
and witnesses, and presented to the former a charter by Sir Patrick
Earl Palatine of Stratherne to the following effect : — Charter by Patrick
(Graham) Earl Palatine of Stratherne by which with consent of his
spouse Eufame Countess of Stratherne he approved and ratified the
gifts and grants made by Archibald Earl of Douglas &c. to Sir John of
Edmundstoun, knight, lord or that ilk, and his heirs, of the lands of
TuUiiiloun and " forslet " thereof in the regality of Stratherne and

ar^lbxBUK^^^ shire of Perth, which were held of the Earl Palatine ; to be held to
— * Sir John and his heirs under the form of ward and relief, reserving the
suit of court &c. due to the Earl Palatine and his heirs. Dated at
Perth 1st April 1410. Thereafter Sir John presented to the notary an
obligation by the Earl Palatine, in the mother tongue, relating to the
lands and obliging himself aud his heirs that when the Earl of Douglas
resigns the lands they will infeft Sir John thereiu — with other con-
ditions. Obligation also dated at Perth, 1st April 1410. The said
confirmation and obligation being read, Euphame Countess of
Stratherne gave her bodily oath on the gospels to observe the same.
Done in the parish church of the burgh of Perth on St. Martin's altar
31 March 1410 [sic but ? 1411]. Witnesses, William Lord of Grahame,
Sir William of Preston, knight, Mr. Thomas Grahame, archdeacon of
Dunblane, John Spens and George Gardyn, squires.

Miscellaneous Writs.

53. Notarial transumpt made in presence of Walter Idill, licentiate
in decrees, canon of Aberdeen and official general there, at the instance
of Richard Waus of Fyndoun, of two grants by King David II. and
King Robert II. respectively. The first, (which is apparently not in
any record,) is as follows : " Dauid Dei gratia Rex Scotorum, venei'abili
in Christo patri Patricio episcopo Brechinensis, caucellario nostro
Scocie, salutem. Sciatis quod concepimus veraciter per certas et
antiquas euidencias quod Willelraus ostiarius capelle nostre, filius et
heres quondam Alexandri de capella, de jure et consuetudine per-
cipere debeat certa feoda in capella nostra ; quequidem feoda ante-
cessores dicti Willelmi a tempore quo non extat memoria in contrarium
perceperunt, et quia tarn per guerram quam alias vt intelleximus, carte
siue litere quas antecessores dicti Willelmi de predictis feodis habuerunt
penitus sunt destructe, volumus dicta feoda eidera Willelmo per cartam
nostram nouiter confirmari et singillatim ac distincte declarari quatinus
nobis constitit per antiqua scripta; prime, videlicet, quod idem Willelmus
tanquam ostiarius dicte capelle nostre pro feodo suo percipiat, de
qualibet carta none infeodationis dimidiam marcam argenti ; de qualibet
confirmatione in maiori forma dimidiam marcam; de qualibet con-
firmatioue in minori forma quadraginta denarios; de qualibet litera
rancoris, de remissione, de presentatione ad ecclesiam, de varenna, de
quacunque alia litera de gratia, duos solidos ; de qualibet lilera patente
de cursu tres denarios, et de qualibet litera clausa vnum denarium :
Item ad scacarium percipere debeat de quolibet vicecomite compotum
reddente duos solidos; de quolibet balliuo duodecim denarios; de
quolibet custumario duodecim denarios et a camerario nostro tunc
pro roba sua quadraginta solidos habebit et scacarium compoti cum
coopertorio eiusdem quod antiquitus continere consuerat consueuerat
[«c] tcrtiam partem vnius pecie panui cum formulis et scamiiis
mobilibus in domo scacarii situatis : Quare vobis mandamus et pre-
cipimus quatinus ipsum Willelmum habere faciatis cartam nostram sub
sigillo nostro magno meliori ct specialiori forma qua poteritis de feodis
supradictis inhibentes, in eadem carta omnibus fidelibus regni nostri ne
quis dicta feoda ab eodem detinere presumat super nostram plenariam
forisfacturam. Datum sub sigillo nostro secreto, apud Edynburgh,
xvj die Octobris anno regni nostri tricesimo quarto." The second
writ is a charter by King Robert the Second, granting to William
de Camera the office of usher (" hostiarii ") of the king's chancery

("capella") and also the land of Eroly with pertinents within the mss, oy Dcm
sheriffdom of Forfar annexed to the said office, which office and land °* BoxBxrRaHB.
belonged to John de Capella and were resigned by him ; to be held to
William and his heirs of the king and his heirs in fee and heritage, in
every thing as the said John or his predecessors held the office, for per-
forming the services due and wont of the said office and land. Dated
at Perth, 17 March [1376]. This writ is recorded, though not
verbatim, in the extant rolls of the great seal. The witnesses, whose
names are not given in the record, were William, bishop of St, Andrews,
John Earl of Carrick and Robert Earl of Fife and Menteith, the king's
sons, William Earl of Douglas, John of Carrie, chancellor, James
Lyndesay the king's nephew, Hugh of Eglinton and Robert of Erskine,
knights. The writs were transumed on 22nd October 14:o6 in presence
of James Steuart, dean of Moray, Henry Hervy, precentor, Henry
Rynde, treasurer, and Martin Waus, canons of Aberdeen, witnesses.
[Attached to the above instrument is an official extract from the " Liber
Responsionum " 1508. "Talis facta est Responsio. Vicecomes de
Aberdene respondit pro servitio regi debito et consueto de officio hostiarii
scaccarii sive capellse snag, existente in manibus suis per spacium septem
annorum vltimo elapsorum sasina non recuperata ; et de huiusmodi
servitio Regi annuatim vt pramittitur faciendo Regi debito per sasinam
datam Gilberto Waus de eodem apud Edinburgh penultimo ]Maii auno
regni Regis vigesimo prirao. Ita est in libro praedicto. Georgius Hay
Cts Regri."] The date at which the extract was made must have been
between 1616 and 1622.

54. Notarial instrument narrating that at Edinburgh in the tolbooth
there in presence of William Edmondstone of Duntreth and Master
David Guthrie of that ilk, the king's justices south of the water of
Forth, there appeared Andrew Ker of Cesfurde, indited and by the
king's rolls accused of art and part of advice and assistance in the
traitorous inbringiug of James Douglas, traitor from England within
Scotland, and for treasonable communing with divers Englishmen to
the hurt and prejudice of the King, his realm and lieges, and for
traitorous assistance to the English and specially in the last battle
between the English and Scots where the laird of Rutherford and
others of the king's lieges were taken, wounded, and slain by the
treasonable assistance and deception of the said Andrew, and for art
and part of consent and counsel made to Robert Lord Boyd and his son
in their treasonable deeds and particularly in the violent laying of
hands on the king's person at the time when he was taken against his
will and carried from Linlithgow to Edinburgh ; also for traitorous
assistance and resetting of Robert Lord Boyd after he was declared a
rebel, and also for his counsel and con.<ent to the treasonable killing of
Andrew Lord Avandale, chancellor of Scotland : which accusations
Andrew Ker wholly denied and submitted himself to the recognition of
the following jury, Archibald Earl of Angus, David Earl of Craufurd,
AlexanderLord Kilmaurs, James Lord Hamilton, William Lord Crichton,
Patrick Lord Hailis, Sir John Lundy of that ilk, Sir James Liddale of
Halkeraton, Sir Alexander Lauder of Haltoun, Sir James Crichton of
Caruys, knights, Malcolm Fleming, son and heir apparent of Lord
Fleming, Adam Hepburn of Dunsiar, John Murray of Falahill, James
Twedy of Druramelzier, Thomas Lowis of Mennar, David Crichton of
Cranston, John Giffert, Alexander Cokburn of Ormiston, James
Auchinlech, Sir John Carlile of Torthorwald and Sir Robert Hamilton of
Preston; which assize, being chosen and sworn, having removed from and

OF EOXBUEGHB.

<?J^pV.v^tSS^^ re-entered the Court, having diligently consulted and being fully advised,
decerned and delivered that the said Andrew Ker was for ever
acquitted and free from the accusations laid to his charge : on which ho
asked instruments. Done on 5th March 1470 — 71 ; witnesses, David
Scott of Buccleuch, John Turnbull of Hassindeanbank, William
Cokburn of Henriland, Alexander Scott of Abington, Alexander
Wardlaw, William Roger of Traquair, William Haket of Belses, and
John Avenar.

55. Letters, written in the vernacular, by which Walter Ker of
Cesfurd assigns and makes over to his son Mark Ker all and sundry the
ward of the lands, annual rents and possessions of the late John Anysle
of Dolphingston, together with the marriages of the heir or heirs,
sons or daughters, under lawful age succeeding to his heritage, which
ward &c. had been granted to Walter Ker by the king. Dated at
Kelso, 26 March 1484-5 ; witnesses, Alexander Home, grandson and
apparent heir to Alexander Lord Home, John Home his brother-
german, Ralph Ker, George Gledstanes and others.

56. Letters of Remission by King James the Fifth with consent of
the Regent John Duke of Albany, directed to James (Beaton) Arch-
bishop of Glasgow, in favour of William Turnbull of Mynto, George
Turnbull there, William Turnbull in Crag, John Turnbull in Mynto,
John Turnbull in Hornishole, John Turnbull in Mynto, cousin of the
said William Turnbull of Mynto, Robert Turnbull in Halroule, James
Turnbull in Hillhouse, Fergus Turnbull there, John Turnbull,
William Turnbull in Halroule, Thomas Turnbull there, David Turnbull
in Hassindeanbank, James Turnbull in Wolfley, Adam Turnbull there,
Leo Turnbull in Unthank, William Turnbull in Roulewood, Andrew
Turnbull in Foultoun, George Turnbull there, Andrew Turnbull,
brother of David Turnbull in Hassindeanbank, Adam Turnbull in
Foultoun, George Turnbull in Corscleuch, George Turnbull in Beth-
roule, Robert Turnbull in Mensles, Robert Turnbull in Hassindean-
bank, Marc Turnbull in Overchester, Archibald Turnbull his brother,
Marc Turnbull younger, Richard Turnbull with Marc Turnbull in
Overchester, David Turnbull with the same Marc, William Turnbull,
John Turnbull his sons, Andrew Turnbull in Gatehousecote, William
Turnbull his brother, Thomas Turnbull in Gatehousecote, Patrick
Turnbull there, David Turnbull there, Andrew Turnbull in Overchester,
UMiomas Turnbull his son, Ninian Turnbull there, Ninian Turnbull in
Roule, Andrew Turnbull in Roule, Andrew Schewill, William Schewill
his brother, John Schewill, son of Andrew Schewill, David Schewill in
Hoppiston, David Schewill in Langrau, Robert Brown with Archibald
Turnbull, Andrew Turnbull, son of David Turnbull, and William
Makge in Bethroule ; granting to them a remission for their treasonable
art, part and assistance given to the late Alexander Lord Home and his
brothers in their treason, and for all other crimes, treason against the
king's person excepted. Given under the privy seal, Edinburgh,
11th November 1516. Seal attached, in defaced condition.

57. Lease by Margaret, Queen of Scotland [Widow of King James
the Fourth] conjunct fiar of the lordship of Linlithgow, with consent of
her husband, Archibald Earl of Angus, &c. granting to her " servitrice,
Marioun Douglas, kepar to oure deirest sone, the King," for life, the
queen's acres of Linlithgow extending to 151 acres lying beside the
burgh of Linlithgow, her entry to begin at this date ; with power to
sublet ; and granting to her all rents and profits of the same during her

life. Dated at Edinburgh 19th July 1518. Signed " Margaret R." o^l;,^^^^^
" erl of Ancrus." Queen's signet affixed. The Scottish lion, impaled —

with the fleur-de-lis and leopards of England. [This writ has been
printed in full in « The Douglas Book," Vol. III., p. 388.]

58. Letters of Slains, by which Michael Kyle, Jolm Kyle, John

Muir, William Asdaill, four of the branches and nearest friends to the

late William Kyle, Patrick Brjding, John Bryding, James Brown,

Edward Wallace of Sewalton, four of the branches and nearest friends

on the father's and mother's side to the late John Bryding, Allan

Roys, Charles Roys, John Roys, Matthew Leiche, four of the branches

&c to the late John Roys ; John Montgomery, Hew Horamyll, Adam

Cochran, Patrick Montgomery of Giffen, 8cc. to the late Robert

Montgomery ; Patrick Brown, Michael Dewar, Jonet Lyndissay,

Margaret Myllar [&c. ut supra'\ to the late Ficlay Brown ; Donald

Mund, James Scot, John Baize, James Douglas. ... to the

late John Mund; John Myllar, John Muir, Laurens Lyn, John

Lyn ... to the late William Myllar ; John Conyngham, John

Brown, Robert Symontoun, Walter Colquhoun . . .to the late

William Colquhoun ; John Grarven younger, David Garven, John

Reche, John Gtu-ven ... to the late Arche Garven ; Alexander

Thomson, John Auld, John McCuUy, Adam Mure ... to the

late Gilbert McCuUy ; James Hunter, George Hunter, Katherine

Steill, John Hunter, four of the branches and nearest friends to the late

Thomas Hunter ; all grant them conjointly and severally to have

remitted and " forgitiin frelie with hert and kindness ane honorable

man, Murchie McWilliame of Auchinbrame, his frindes, kin, servandis,

compleces, allya and partakares the kenbutes and crewall slauchter of

the saidis persones committit in the iles of Scotland be the said Murchie

or his foirbearis in the yer of God m v^ fourtie twa yeris or therby ;

with power to the said Murchie, his successouris, kin, frindis, servandis

or allya and partakares in tymes to cum for ws, our ares, successouris and

assignayes to pas and repas as our souerane ladyes leiges quhereuer he

or thai thinkis expedeant, but ony vexatioun, molestatioun, perturbation n,

vnfrindlenes, disfrencheschip or vnkyndnes be ws or ony ane of ws in

tymes cuming to be movit contrare the said Murchie or his foirsaidis "

remitting and discharging " the kenbutis " of the said bite William

Kyle, John Bryding, John Roys, Robert Montgomery, Finlay Brown,

John Mund, William Myllar, William Colqulioun, Arche Garven,

Gilbert McCuUy and Thomas Huntar, for now and ever; binding

themselves also never to molest or pursue the said Murchie for the

" kenbutis " or slaughter of these persons, but to warrant and keep him

scatheless ; and that because of certain sums of money received by the

granters from the said Murchie for the ''kenbutis" of the persons

slain. Dated at Irvine, 3 March 1556-7. Signed by two of the

parties, John Muir and John Auld, while a notary signs for the

remainder. The parties state that having no seals of their own, they

procure those of four burgesses of Irvine, but though eleven seals have

been attached, one is wanting and the others are illegible.

59. Decree Arbitral by Mary of Guise, Queen Dowager and Regent
of Scotland, regarding the complaints made by William Kirkpatrick of
Kirkmichael and Roger Kirkpatrick of Closbum for themselves, their
kin and friends on one side, against John Charteris of Amisfield and his
friends on the other side (who in turn complain against the Kirkpatricks),
arising out of a dispute as to the marches between the lands of Kirk-

M8S. OF Duke michael which adjoin those of Dalruskan belonging to Charteris, which
OF xBUEGHB. jjg^g Yq^ to quarrcls and bloodshed between the parties, resulting in the
deaths of Roger Kirkpatrick in Dalton and Robert Welsh, friends of
the Kirkpatricks, slain by Amisfield, and also in the deaths of Thomas
Glencorse of that Ilk, James Charteris in the Hole and Harbert Coldane,
friends of Amisfield, slain by the Kirkpatricks.

This writ is very loug, but the main points are that the Queen, after
narrating the cause of quarrel &c. as above grants a pardon to both
parties and states that a commission is appointed to inquire into the
matter. Alexander Charteris alias " Sande boy," John Charteris called
" Willieis Jok" and James Chartei'is alias " Gwmy " being exempted
from the general remission — the Kirkpatricks paying 600 merks and
Charteris paying 1000 merks as escheat money. Charteris and his
friends who were denounced rebels are to be restored to their property.
They are however to make compensation to the families of those slain
by them. The Kirkpatricks are to desist from dealing with the escheated
goods of John Charteris of Amisfield, Alexander Charteris of the Kirk,
James Charteris of the Darn, Alexander Charteris alias " Sandye boy,"
John Charteris of Kowschaw, George Charteris, John Charteris of
Bartonpand, Roger Charteris of Auchinskowane, Andrew Charteris
his brother, James Johnstone of Begartis, John Johnstone, brother to
the laird of Johnstone, and others.

As to the burning of the town of Kirkmichael by the Amisfield party
and the spoliation of six score cows and oxen, 500 sheep and 1000
merks of goods, the Queen releases the parties from civil penalties on
condition they stand trial criminally. As to spoliation of the lands of
Kirkmichael in July 1554, Amisfield is to restore the goods taken,
which are particularly enumerated, the first items being " three hakbuts
of iron " and a " blawing horn." [The names of the tenants and the
amount to be restored to each, follow.] On the other side the Kirk-
patricks are to recompense the families of those slain by them and to make
other restitutions as particulai-ly stated. The Commissioners appointed,
whose names are torn or eaten away — one of them being the Lord of
Lochinvar (Gordon) — are to report to the lords of Session who shall do
justice in the whole matter. Signed by the Queen " Marie R."

60. Letter by Mary Queen of Scots by which, " understanding that
the priores and convent of the Senis vpoun the Borrawmure besyde
Edinburgh, being awchtene in noumer, the maist parte thairof aigeit
and decrepit having bot small thing to leve on conqueist with thair awin
tochers and barnis parte of geir, quhilk is nocht hable to sustene thame
in cais we tak vp the thrid thairof aucht to avs, and thairthrow thai salbe
redactit to extreme povertie Avithout Ave haue pitie and commiseration
vpoun thame," the Queen remits to the prioress and convent, the third
due from their benefices to the Crown, and discharges all collectors of
the third from troubling them. Dated at Perth, 16th May 15G5.
Signed by the queen " Marie R " and by " W. Maitland " her secretary.

61. Paper, without date entitled " Thir ar the provisiones thocht
necessar for fortifying of the Langholm and Wauchhopwallis." It
begins " In the first mon be providit vi'^'^ of pyonaiis for the quhilkis
to provide viij*'' schuUis, xl futspaidis, iij^'' pikkis aud mattokkis and xij
flawchtir spadis and rj gavelokis. Item that all the schullis and spadis
be schod with irne." The following workmen Avere to be provided : —
♦'xij wrychtis" Avith their tools including *' xij wod axis "and "xij
womyllis";"four masones and viij wallaris, viij quariouris"; rope = eighty

fathoms; "half ane dusone of planscheour nalis, half ane barell of j^^|^^^-^^"^
dur-nallia and ij° garonnalis " ; " flue smythis " with their tools. For —

the gates were to be provided a dozen large " crukis with bollis and
bancUs " accordingly, also two dozen small " crukis," with lead &c.
Brewing apparatus were also to be furnished.

For victualling the workmen, " Item on the day iij bollis of meill bakiu
in layfis for the first viij dayis to be caryit to thaim furth of Hawik,
and fra thinfurth meill and brois to be caryit to thaim as thai pleis."
Three bolls of malt brewed into ale are also to be brought from Hawick
and the provision is to be made in Jedburgh, Hawick and Selkirk " x"
rowbouris of thre gallonis the peis " being used for carrying the ale.
On the day " \'^ heryng " and " vj stane of cheis " are to be supplied,
with " XX payr of crelis " to carry the bread. " Item for carying of vij
dayis aill fyfty horse, for vij dayis breid xxiiij hors, for the hering and
cheis XX horse."

*' Provisione for furnessing of victuallis to ij*' Franchemen. Item it
is belevit that thai will neid the breid of x firlottis quheit on the day
for the quhilk the baxtaris of Edinburgh man be aggreit with that will
tak on hand to furnois the samin. Item thai man half the aill of four
bollis of malt on the day, and at the leist ther man be for the carying of
the breid and aill furnessit crelis and rowbouris conforme to the quantite
as is befoir rehersit. Item xxiiij payir of crelis for the breid carying.
Item for carying of the aill xiij^* of rowobouris. Item thair man be
ix^* horse of cariage providit of Tiuiotdaill. Item to provide xl horse
of cariage in Edinburgh for carying of the werklumys, hering and cheis."
[Not dated, but tlie reference to the Frenchmen indicates a period
during the reign of Queen Mary.]

62. Warrant by Mary Queen of Scots, narrating complaints by the
warden of the Middle ^larches that certain barons and landed men
namely, Xicholas Rutherford of Hundalee knight, Walter Ker of
Dolphinston, John Rutherfurd of Hunthill, Thomas Ker of Faimie-
hirst, knight, Richard Ker of Gaitschaw Thomas Ker of Marsingtoun.
Gilbert Ker of Greenheid and the Hoppringles of Clifton had been
warned by the warden's officer to " enter and present diners thare men
and tenentis duelland on thair landis fylit of billis, and for the quhilkis
our said wardane hes bene constrenit to gif his bandis and enter his
awin seruandis in Ingland" yet they had for three separate courts
absented themselves and had not relieved the warden ; wherefore the
Queen charges them to do so on pain of treason. Dated at Ruthven,
12 June 1565. Signed by the Queen and Secretary Maitland.

63. Papers relating to the settlement of the feud between the Kers
of Ancrum and Robert Ker of Cessford, Lord Roxburghe.

(1) Letters of Assurance by which Robert Ker of Ancrum and
William Ker his brother for themselves and their friends, do, at the
command of the Privy CouncU, assure Robert Lord Roxburghe, his
friends &c., that they will be unhurt, unharmed and unmolested by the
granters for any cause until the loth July 1 605. Dated at Perth — July
1604. Signed by the parties.

(2) Paper entitled " The humiliatioun and humbill offerris pro-
ceiding frome the sinceirlie penitent hart of the right hcnorabill Robert
Lord of Roxburghe to Sir Robert Ker of Ancrome, his brether and
remanent his freindis, for the vnhappie accident of the slauchter of
vmquhill William Ker thair father comraittit be me." " Quhairanent
first I acknawledge and confes with ane continewall greiff and grudge

MSS. OF Duke of my conscience befoir God, befoir you and befoir the haill warld the
OF RoxBTKGHE. vngpeikabill greitness of my grevous offens fFor the quhilk as I am
vnfeinziblie penitent befoir God and sail be Grodis grace testifie the
same all the dayis of my lyff ; sua I moist hun»blie crave Godis mercie
and you the partie for the samin." He then in accordance with the
custom of the country offers a sum of money — in this case 3000 raerks —
for "kinbut" and satisfaction. Third, he offers his sin«ere friendship
on all necessary occasions. " And finallie, becaus tbair is nothing con-
cerning the warld, that I sa earnistlie wische as to hkhe that fact
repairit to my vtter power and to be reconcelit again with you my
fi'eindis " he offers to submit himself to the judgment of others as to
increasing the sum proposed, and he earnestly professes his desire
to give full satisfaction, and especially anything wanting to exoner the
Laird of Ferniehirst " of quhois hous the gentilman wes descendit."
He desires a " comfortabill answer." Dated " at the Freiris, the nynt
day off October 1606." (Signed) " Roxburghe."

(3) Extract from the Records of the Privy Council narrating that
Robert Lord Roxburghe on one side, and Sir Robert Ker of Ancrum
and William Ker of Snadoun on the other, appeared before the Council
in order to the removal of the feud betwixt the parties. Lord
Roxburghe expressed his readiness to be reconciled, while Sir Robert
and William Ker declared that " they wald nawyse submit the said feid
bot for his Maiesteis obedience aud satisfactioun " and to testity their
willingness to obey they " choppit handis" with Lord Roxburglie, and
subscribed a letter of slains in his favour. Edinburgh, 20 November
1606. [Printed in Register of Privy Council, Vol. vii, p. 272.]

(4) Extract from the Records of Privy Council of same date, narrating
the choosing of arbiters by Thomas and William Kers and by Lord
Roxburghe. [Printed, ibid.]

(5) Letters of Slains by Sir Robert Ker, William and Thomas Ker,
his brothers, and William Ker called of Snadoun, for themselves and
friends, remitting and forgiving freely and from their hearts to Robert
Lord Roxburghe, Andrew Ker of Roxburgh, Dandie Young called " of
Knov^"," George Rutherfurd, Mark Turnbull and James Bennett, their
kin and friends, the slaughter of William Ker of Ancrum, father of
Sir Robert and his brothers ; renouncing all action against the parties
and receiving them to kindness. Dated at Edinburgh, 20th aud 22
November 1606, in presence of the Lords of Council and others.

(6) Submission by the parties in favour of certain arbiters named,
dated and signed 22 November 1606, and Decree Arbitral by Andrew
Ker of Lintoun, Sir Robert Stewart of Schelinglaw, knight, Andrew
Ker of Fentoun and Mr. Alexander Seytoun burgess of Edinburgh,
arbiters chosen on behalf of Lord Roxburghe, and also Sir James
Dundas of Arniston, knight, John Monypenny, fiar of Petmelly, and
Mr. William Echlin, apparent of Pittadro, arbiters on behalf of VVilliam
Ker and Thomas Ker, sons of the late William Ker of Ancrum, taking
burden also for Andrew Ker their brother and Isabel Ker, their sister, as
to the satisfaction to be given for the death of William Ker, decerning
Lord Roxburghe to pay 10,000 raerks Scots on the Regent Murray's
tomb in St. Giles Church, Edinburgh, by 10th November 1607, to the
other party, and also to crave their pardon &c., while the Kers on the
other hand are decerned to put away all hatred, to receive Lord
Roxburghe to their friendship and to subscribe a letter of slains to
him. Dated at Edinburgh, 22 November 1606. Signed by the arbiters
and the parlies.

(7) Discharge by the said William and Thomas Ker, in favour of

Lord Roxburghe of the sum of 10.000 meiks. Edinburgh, 1 1 November ^^- 5'^"

, .„ O ' ° ' OF KOXSTBGHS.

1607. —

(8) Letters of Slains or Assurance by them, also in his favour. Same
place and date.

64. Letters by Sir Andrew Ker of Ferniehirst, Sir Robert Ker of
Ancrum and his brothers, for themselves and friends, assuring Robert
l/ord Roxburghe, his kin and friends, of safety from molestation until
1st February 1607. Dated at Ancrum, 28 Februan," 1606; Sir Robert
Ker signing for himself and his brother George.

65. Last will and Testament of Robert [Ker, second] Earl of
Lothian, nominating and appointing his daughters Anna Ker and " Gene"
[Jean] Ker his only executors and intromitters with his gootls and
gear, which he dispones wholly to them, his debts being first paid. He
also nominates his wife, Dame Annabella Campbell, tutrix testaraentar
to his son Charles Ker and his daughters, of whom she is to have the
custody and education during her widowhood only; and in case of her
death or marriage, he appoints Robert Earl of Roxburghe, George
[Gordon] Earl of Enzie, Sir John Hamilton of Preston, Sir Jame.s
Richardson of Smeaton and David Crichton of Gilmerton tutors
testaraentar to his said son and daughters, nominating also Mr. Thomas
Hope, Mr. Alexander Morison, John Belsches and Richard Cass, as
tutors ad lites to his children during their minority — with powers —
under the special provision that it shall not be lawful for them
to dispone or alienate from his " house of Lothiane, the tynds of
Dalwissy of Cokpeu Kirke." Dated at Newbattle, 4 January 1623.
Signed " Lothiane."

66. Testament by Harry Lord Ker (son of Robert first Earl of
Roxburghe), nominating his daughters Lady Jane, Lady Margaret and
Lady Anne Ker, equally, to be his executors, and appointing Sir Andrevr
Ker of Greenhead, Andrew Ker of Linton, Robert Ker of Graden,
Mr. William Bennett, parson of Ancrum, Andrew Ker of Maisondieu,
Andrew Ker of Chalto and Alexander Don, clerk of Kelso, as tutors to
his said daughters and to the child to be born of Lady Margaret Hav,
his wife. He leaves £o,000 Scots to his wife over and above her
jointure, making £10,000 Scots in all yearly. He makes various pro-
visions for his children contingent on the unborn child being a daughter.
Because of his sense of his fathers tender love and affection he appoints
nim his only tutor to his children and leaves to him the absolute care of
them and his wife. He appoints also the Earls of Wintoun, Perth»
Kinghorn, Lauderdale, Traquair and Callendar, and Lord Carnegie a.s.
overseers. Dated at Broxmouth, 31 January 1643.

67. Contract between Robert (first) Earl of Roxburghe and Lady
Margaret Hay, relict of the late Harry Lord Ker, and now Countess of
Cassillis, with consent of John Earl of Cassillis, her husband. The pro-
visions of this contract relate to the sums of money to be paid to the
daughters of Lord Ker who did not succeetl to the Roxburghe estates.
Dated at St. Andrews, 9th February 1646. Signed by the parties and
by Archibald Marquis of Argyll, Gilbert Earl of Erroll, John Earl of
Perth, William Earl of Lanark, James Earl of Callendar, John Lord
Hay of Tester &c. and Jamos Lord Carnegie.

68. Copy Testament by Robert (first) Earl of Roxburghe &c.
appointing Sir William Drummond, youngest lawful son of John Earl
of Perth, his executor. The provisions of the will do not call for

y 78289. C

M^. OP DuKi; special cotka. Dale<l at Broxmoiith, 23 Februaiy 161:8. Among
oFBoxm-RGFE. jjjj, vvituesses is Robert Ker, brother german to Thomas Ker o1
Mersingtoun.

€9. Copy Testament by William (second) Earl of Roxburghe,
appointing Robert Lord Ker his eldest son as his executor. Dated "at
Kelso, 11th November 1G74.

Miscellaneous Royal Letters.

70. Letter, Mary Queen of Scots to the Laird of Ccsfurd, Warden of
the Middle Marches, desiring him to postpone for a time the '' day ot
trew" fixed with Sir John Foster, the English Warden, and to come
to Court by the seventh of April at night or before the diet of Council
on the eighth, when he '* sail haue farther knawlege quhat to do in all
behalffis." Edinburgh, 1st April 1566. " Marie R."

7). Letter by Mary Queen of Scots to the same: — " Traist freind,
\fe gfeit you weill. We intend, God willing, to repair in Teviotdaill to
see iustice ministrat. And becaus it is our first jornay in that cuntre,
it is neidfull afoirhand that we consult vpoun sic thingis as salbe thair
^do— quhairvnto your avjse and presens is verie necessar. Quhairfoir
we pray you, all excusatioun and delay set aside, that ye faill noclu to
he at ws in Edinburgh vpoun the first day of October uixt, as ye will
<lo ws aeceptabill plesour. Subscrinit with our hand at Edinburgh, the
XXV day of September 1566. jMarie R."

72. Letter, Queen Mary to the same : — " Traist freind, we greit you
weill. We haue writtin oure mynd to the Lord Hwme anent sum likly
|)urpos to be interprisit for the quieting of that cuntre. To be sclioi't,
A force mon be sett agaius Liddisdaill quhairof ye mon be aue of the
•chief executoris. We haue writtin to Sir John Forster to avyse with
ray Lord Hwme and yow anent it that is to be done and thairfoir we
pray yow faill nocht to be in Hwme vpoun Friday at evin the xiiij day
of this instant and thair avise with our lettre sent to the Lord Hwme,
•quhilk we estime as writtin to you baith. And gif ye find that Sir
John Forster will keip trjist at the place to be appointit be him, set
furthward in all thingis that quhilk may further quietnes, and aduertise
ws of your proceding first and last. In the meyntyme gif warning to
your nearest friendis and weilwiilaris to be reddy ; vtheris salbe warnit
Avith our auctoritie. And sua referrand to your ansucr, Subscrinit
with our hand at Edinburgh, the x day of Merche 15G6 [1567].
Marie R."

73. Letter from James Earl of Morton, Regent, to '• The young laird
-of Cesfurd " as warden, thanking him heartily for the pains and trouble
he had taken in retaining the country in good order and quietness
'**quhairin we pray yow continew ; and thairwith to stand as afoir on
your gard, quhill ye see quhat success matcris takkis, quhilkis we can
not think salbe vtherwyse then weill ; yit as ye may be cairfull to
understand quhat your nychtbouris ar doyng, without attempting ony
thing quhill ye aduertise and haue our mynd. Welouke very shortlie to
he certainelie and specialio certifiit, for this day the aml)assadour is
riddin to Berwik. As to the man quliome ye haue apprehendit we culd
very weill aggre to gif your self a commissioun to execute iustice on
Mm, wer not it hos happynnit yow to be the taker of him and that ye
haue particulair interesse. Thairfore it salbe metaist that ye caus him

be suirlie convoyit heir, for we mvnJ assnritlie to cans Justice be execute JV^goxBi^om:.
on iiim scing he hes weill dcserued it, &c." Dalkeith,' 5th August 1.575. -^

■" Jaraes Regent."

74. Mandate or WaiTant by King James the Sixth to Robert Lord
Roxburghe, warden of the Middle Marches, reminding him of the
special commission given to him "to cans acouse and put to the
tryall of anc assyse Mr. Peter Nairne for his abhominable atheisme,
•wilful! and detestable derisioun and contempt of God, in taking vpoun
Lim wilfullie at ane tyme the office of ane minister of the reformit
religioun and of ane messe preist, and dischairgeing baith the saidis
■callingis be preicheing as ane lauchfull minister of the trew religioun to
sic as he knew to be professourls thairof and saying messe to vtheris
that Ivkit the same, changeing at all tymcs and occasiouis his schaw of
religioun at the appetite of his company sua impudcntlie and godleslie
that he feirit nocht vpoun ane day to say messe as ane ordinar preist
and vpoun that same (!ay to preiche as ane ordinar minister lauchfullie
admittit to that calling: for the bettir coulouring quhairof, at the
ressaving of his admissioun to the niinistrie, lie decevablie ehangit his
name and callit himselff Mr. Robert Bruce, qohairby he m^cht not l>e
knawin nor tryit in his abuseis ; for beiring and weiring of pistoletti^
contrair our lawis and actis of Parliament and for his wicked, mischevnus
and traiterous interpryse of the murthour of Inglische

gentleman, quhome he persuadit and convoyit fuilh of his cuntrey and
biocht within our realme, of sett purpois and deliberatioun to murder
him causles vnder traist and freindschip, and attempting to put the said
intendit murthour to executioun within your duelling place of the
Freiris be balding of ane bendit pistolet to h'\< breist to liaue slaine him ;
«nd drawing of Inglisch gentleman within this our realme to

the effect he mycht tak him prisoner and dttene him captive quhill he
had redemit his libertie with ransoun, and for euerie ane of the saidis
crymes particularlie abouewrittin : and vnderstanding the saidis crymes
to be sua far to the contempt of Go<l and of ws and our anctoritie and
5ua reprochefull to our people and realme, that the oursicht and ini-
pvnilie thairof mycht bring furth monyfauld sclanderis and grit
iaconvenientis," the king desires Lonl Roxburghe to put the culprit
to trial ** and seing he hes confessit the samyne and can uawayis be
clengit," on being found guilty by a jury he is to be hanged and his
head struck oft" and " atlixit vpoun a publict place of the merche betuix
the tua realmes to be a testimony to baith the nationis of our eirnest
cair that freindschip, love and amitie may be interteneit betuix our
subiectis and the inhabitantis of oui' nychtbour cuntrey," &c. At
1601. " James R."

Charter, ]*.ap.\l Bllls, and other Writs relating to the
Monastery of Kelso.

75. The earliest of these writs is the great charter by King Malcolm
the Fourth, in which he narrates the original founding bv his giand-
father King David the First, while still Earl, of an abbey at Selkirk,
which after his accession to the throne he transferred to Roxburgh, in
the church of the Virgin Mary situated on the banks of the^river
Tweed in the place which is called " Kelcho." King IMalcolm confirms
to the monks all grants, liberties and lands bestowed on them liy his
grandfather and others. The charter is dated 1159 at Ro.xburgh. It

C 2

MSS. OF DrKE is merely noted here, because it is printed and a complete facsimile of

^^ ' it given in the " Registrum Cartarum de Kelso" preseuted to the

Bannatyne Club in 1846, by the then Duke of Roxburghe.

76. Bull by Pope Lucius III., forbidding any one to excommunicate-
the abbey : — Lucius episcopus, seruus seruorum Dei, dilectis fdiis-
Osberto Abbati et fratribus ecclesie sancte Marie de Kelchou, salutem
et apostolicam benedictionem. Licet uniuersa loca religiosaex commissi
nobis officii debito fouere ac d^igere debeamus, illorum tamen pro-
fectibus specialem nos oportet curam inpendere que ad iurisdictionem
beati Petri et nostram noscuntur nullomediantespectare: Inde siquidcra
est quod nos libertates et iura Monasterii uestri et ea maximo que ipsi
ab apostolica sede indulta sunt Integra uolentes et illesa seruare,
deuotioni uestrc auctoritate apostolica indulgemus, ut si quis archiepis-
copus, episcopus uel alius ecclesiarum prelatus in aliqucm de consortio-
uestro cxcommunitacionis, suspensionis uel interdicti sententiam aliquo
tempore promulgare presumpscrit, nullas uires optineat, sed irrita et
uacua potius habeatur. Nos enim uuiuersa quo uobis et monasteria
uestro apostolica sedes indulsit et per nostra et aniecessorum nostrorum
priuilegia roborauit firmitatem perpetuam et robur inuiolabile uolumus
optinere. Decernimus ergo ut nulli omnino hominum liceat banc
paginam nostre const itutionis infringere uel ei ausu temeraiio contraire.
Siquis autem hoc attentare presumpscrit indignationem omnipotenti&
Dei et beatorum Petri et Pauli apostolonim eius so nouerit incursurum.
Datum Velletri, xvi kal. A^prilis [1182-1185].

77. Bull by Pope Celestine IIL lightening taxation.

Celestinus episcopus, seruus seruorum Dei, dilectis filiis Abbati et fra-
tribus monasterii Kelkocnsis calutem et apostolicam benedictionem. Cum
penes apostolicam sedem auctoritas canones condendi resideat per earn
necesse est ut constiLutiones canonice in suo statu seruentur et uiolatore*
earum merita peiia plectantur ; sicut autem ex uestra parte nostris est
auribus uentum quidam archidiaconi ac officiales eorum subditas uobis
ecclesias in suis archidiaconatibus positas, sue obtentu consuetudinis
uisitantes, in suarum procurationum exactionibus uobis et ecclesiis
ipsis uimium graues existunt, enactionis numerum in Lateranensi
concilio constitutum plurimum excedentes. Vt igitur uestro in hac
parte grauamini auctoritate apostolica consulatur presenti uobis scripti
pagina duximus indulgendum, ut archidiaconi seu eorum officiales in
ecclesias uestras cum maioii numero quam concilio eodem exprimitur
recipere minime teneamini, nee ipsorum sententias obseruare siquas in
illarum aliquas uel ministros earum pro eo quod taliter ad ipsas ecclesias
accedentibus procurationes impendore recusatis presujnpserint pro-
mulgare. Nulli ergo omnino hominum liceat banc paginam nostre coir-
cessionis infringere uel ei ausu temerario contraire. Siquis autem hoc
attemptare presumpserit indignationem omnipotcntis Dei et beatorum
Petri et Pauli apostolorum eius se nouerit incursurum. Datum Laterani,
xvij kal. Aprilis, pontificatus nostri anno quarto. [16 March 1195.]

78. Bull by Honorius IIL giving personal protection.

Honorius episcopus, seruus seruorum Dei, dilecto filio Rectori Heremi
de Merkingly, salutem et apostolicam benedictionem. Cum a nobis
petitur quod iustum est et honestum, tam uigor equitatis quam ordo exigit
ratiouis ut id per sollicitudinera officii nostri ad debitum perducatur
effiictum. Eapropter, dilecte in Domino fili, tuis iustis postulationibus
grato concurrentes assensu personam tuam [torn] cum in quo diuiuo es
obsequio mancipatus, cum omnibus bonis que impresentiarum ration-

•atiliter possidet aut in futurum iustis modis pre^tante domino poterit ^l^^- o' B^"
adipisci sub beati Petri et nostra protectione susc.piraus. bpeciauter —

■autera possessiones, terras, libertates et immunitates ac alia bona ipsius
Heremi, sicnt ea omnia iuste possides et quiete tibi et per te ipsi Heremo
auctoritate apostolica confirmamus et presentis scripti patrocinio com-
muniuius; dum tamen exiiide nullum alicui pieiudicium generatur.
Kulli ergo omnino hominura, [etc., ut supra]. Datum Alatri, v Idus
Mali, pontiticatus nostri anno sexto. [11 May 1222.]

79. Bull by Pope Innocent IV.

Innocentius [etc.] dilectis filiis, Abbati et conuentoi monasterii de
Kelchou. . . . Solet annuere sedes apostolica piis notis et honestis
petentium precibus fauorem beneuolum impertiri. Cum itaque
quondam Anselraus et Riccardus Xicole, Cecilia mulier et alii domini
ville de Molle, diocesis Gllasgueiisis, sicut asseritis qiiasdara terras in
territorio eiusdem ville prout spectabat ad eos nobis pia et prouida
liberalitate donarint, prout in litteris inde confectis plenius contineri ; nos
iies[tris] supplicationibus inclinati donationem huiusmodi sicut prouide
facta est et in alicuius preiodicium non reduudat ratam et firmam
habentes ipsam auctoritate apostolica confirmamus, et presentis scripti
patrocinio communimus. X nil i ergo, [eic, ut supra.] Datum Lugduni,
id. Augusti, pontificatus nostri anno septimo. [13 August 1249.J

80. Bull by Innocent IV. directed to the Abbot and convent of Kelso,
in answer to a representation from them that the Bisliop of St. Andrews
had with their consent determined a perpetual \Tcar8ge in their churcli
of " Kaledoure," a portion being assigned to the vicar out of the
bishop's rents, confirming the same by apostolic authoritv. Dated at
Lyons, 10 May 1250.

81. Bull by Pope Alexander IV., forbidding hospitality to women.
Alexander [etc.] dilectis filiis Abbati [etc.] Ad aui^es apostolatus nostri
peruenit, quod ex eo quod ad uestrum monasterium hospitandi causa
nonnuUe mulieres frequenter accedunt, moram il>idem longam et
inutilem facientes, continjiit idem monasterium non solum grauibus
onerari expensis, sod et fratres in eo Domino seruientes quod est grauius
^rauiter infamari. Cum igitur non solum a malo sod etiam a mali specie
Christi fumuloa oportcat abstinerc, nos qui circa sahitem uestram et
ipsius mona?terii statum debemus eo attentius uigilare, quo nobis
uestrum et eiusdem monasterii cura specialius est commissa super hoc
i^alubre remedium adhibere uolentes nobis monasterio ipso ad presen.s
Abbate uacante et Abbatibus qui pro tempore in eodem monasterio
fuerint uestrisque sucessoribus presentinm auctoritate in uirtute
obedientiedistrictius inhiljemus, ne decetero infra portas dicti monasterii
uel in eius grangiis pernoctarc mulierem aliqnam permittatis. Xulli
ergo [etc., ut supra]. Datum Laterani, ij. kal. Ftbruarii, pontificatus
nostri anno septimo. [31 January 1261.]

82. Bull by Pope Alexander IV. directed to the Prior and convent of
Lesmahagu, — in answer to their petition setting forth that the late
William (of Bondington) bishop of Glasgow had assigned to their use
the church of Kilmaurs in Cunningham in his diocese, of which church
the Abbot and Convent of Kelso of which the Priory was a member
had the right of patronage, while the institution of the rector belonged
to the bishop, so that the fruits of the church were wholly converted to
the use of the brethren in the priory, who were to serve the church by
their own chaplain and were to l>par the episcopal dues and other

'LS? :op DrKE biiidens thereof, — confirmiun; the arrangement thus mat^.e. Given at
__ Anagni, 28 January i261.

83. Bull by Pope Beuediot XIII. directed to the Official of Glasgow^
narrating the petition of William Alanson [Alani], presbyter of Glasgow
diocese, as to tlie perpetual vicarage of the parish of Selkirk which had
been resigned by John of Sesclaw, the former vicar. The resignatiort
"was made in the hands of the subdean and chapter of Glasgow, the
church or see being then vacant and the dean absent. Patrick Abbot
of Kelso presented the said William to the subdean &c. as a proper
person for the vicarage and he was instituted, but hesitated to accept
doubting the legality of his presentation, and the official is empowered
to secure him and all hiu rights in the vicarage. Given at Avignon,^
25 October 1395.

84. Bull by Pope Benedict XIII. directed to Jolin Forster, canon of
Aberdeen, regarding a complaint by Patrick Abbot of Kelso, that
William Mouswald, Official of Glasgow, had without any jurisdiction^
ordinary or delegated, at the instance of James Moscrop a presbyter of
Glasgow diocese, caused the Abbot to be publicly excommunicated^
empowering the canon to try the case, and to cause his decree be enforced
by ecclesiastical censure. Given at Saone, 26 March 1406.

85. Bull of Pope Eugenius IV. directing the Abbot of the Monastery
of Kelso to enquire into and do justice regarding a complaint by
Alexander Preston, vicar of Ednam parish, that Thomas Wardia v
presbyter, Henry Sinclair and other laymen had assaulted him to the
effusion of blood"^ Given at Florence, 18 March 1439. [This writ i*
so much eaten away, that its content.? can only be stated in general
terms.]

86. Bull of Pope Nicholas V., directed to the bishops of Spoleto and
Glasgow and to the Abbot of the Abbey of Holyrood near Edinburgh,
setting forth that the perpetual vicarage of the parish church of
Haddington had been vacated by the promotion of George [Schoris\Tood]
as bishop elect to the see of Brechin, and that the Pope had reserved
the church to James Gray, clerk, of the diocese of St. Andrews arid
M. A. The commissioners are therefore required to institute him in
the said church with its rights and dues, &c. Given at Eome, 8th
March 1453-4.

87. Foim of oath taken by the Abbot of Kelso.

" Forma jnramenti. Ego Robertus, Abbas Monasterii beate Marie dc
Kelsow, ordinis Saucti Benedict!, Sancti Andree diocesis, ab hac bora
inautea lidelis et obediens ero beato Petro sancteque apostolice Ron-ane
ecclesie et domino nostro domino Paulo Papai ij sui.'^qne successoribu.^
canonice intrantibus; non ero in ccnLilio aut consensu uel facto ut nitam
perdant aut membrum, sen capiantur aut in eos uioleuter nianus
quomodolibet ingerautur uel iniurie alique inferantur quouis quesito
colore; consilium uero quod michi crcdituri sunt per se ant nuntios seu
litteras ad eorum damnum me sciente nemini pandam, papatum Komanum
et regalia sancli Petri adiutor eis ero ad retinendum et defendendun>
contra omnem hominem; legaturn apostolice sedis in eundo et redeundo
honorifice tractabo et in suis necessitatibus adiuuabo ; iura, honores,
priuilegia et auctorituiem Romane ecclesie, doniini nostn Pap* et
successorum predictorum conseruare, delendere, augere et promouere
cnrabo ; nee ero in consilio nel in facto seu in tractatu in quibus contra
ipsum dominum nostrum uel eandem Komanam ecclesiani aliqua sinistra

uel preiudicialia personarom, iuris, honoris, status et potestatis eoram MSS. of Dvxx

uiacliiuentur, et si taiia a quibuscuuquc tractari nouero uel procnrari °^ Roibikgh*

impediam hoc pro posse meo et quanto citius potero commode sjoniificabo

eidem domino nostro uel alter! per quern ad ipsius notitiam possit

peruenire; regulas sanctorum patrum, decreta, ordinationes, sententias,

dispositiones, reseruatioues, prouisiones et mandata apostolica, totis uiribus

obseruabo, et faciam ab aliis obseruari ; hereticos, scismaticoj et rebelle»

domino nostro uel successoribus predictis pro posse persequar et im-

puo;nabo ; vocatus ad synotlum ueniam nisi prepeditus fuero eaDonica pj"e-

peditione ; possessiones uero ad mensam monasterii mei pertinentes non

ueudam nee douabo neque impig[noni]bo ueque de nouo infewlabo net

aliquo modo alienabo, etiam cum consensu couuentus monasterii mei,

iueonsulto Romano Pontifice, et si ad aliquam alienationem deuenero

penas m . , [torn] . . er hoc edita constitatione coutcntus eo

ipsoincurrere uolo : Sic me Deus adiuuet et hec sancta Dei euuangelia.*'

[TLe leaden sen! attached varies from that usually attached to papal

bulls. Such bear the name and number of the Pope on one side and

the heads of Peter and Paul on the other. lu the i)resent soal Peter

and Paul are represented by small figures seated in chairs. St. Peter

bearing a key in one iiand, and St. Paul a sword. On the obverse are

represented three figures seated, the centre apparently being the Pope

["Paulus, pp. II."] tN'ith a numberoftigui-es kneeling in the foreground.

The date of the oath is not given but it must be between 14t;6 anil

1471.]

88. Bull by Pope Sixtus IV. directed to the Abbot of Holyrood, aui>
to the Precentor and Chancellor of the church of Glasgow, narrating :i
petition by Robert abbot of Kelso and the convent ihwe that althouglr
Richard Abbot of Melrose and his convent were bound to pay ihem
certain moneys from the greater and lesser tithes of sojne possessions in
the parish of Mol [Mow] united canouiadly to Kelto, due under an
agreement made between their predecessors and observed from a period
past memory till now, yet the Abbot and Convent of Mekose refuse ta
pay the money though often requested to do so, and that ^ in animarum
suarum periculum dictorum que Abbatis et conuentus dicti monasterii de
Calco non modicum detrimenlum " ; wherefore the Abliot &c. of Kelso
have prayed the Pope to commit the cause which they intend to move
against the Abl)ey of ^Melrose to some good men ; in terms of which
petition the Pope grants this commission, with full powers^ Given at
Rome, 28 April 1473.

89. Bull by Pope Alexander VI. [Borgia] directed to the offieial of
Glasgow, in favour of James Muray, scholar, of Glasgow diocese, who
petitioned that though the son of a "religious" he might, notwith-
standing the defect of his birth, be promoted to an ecclesiastical office. .
Given at Rome, 18 December 1500.

90. " Chalmerlanc Compt of the Cell of Lesmahago "" for the rear
1556. This account, made by John Weir, chamberlain of Lesmahago, of
the rents belonging to that dependency of the Abbey of Kelso, is too
long for quotation, but it is printed in full in the '* Registrum Cartarum
de Kelso." Bannatyne Club, 1846. Vol. II. pp. 475-48.S.

91. Mandate by Mary Queen of Scots addressed to the "Prioar and
convent of our abbacie of Kelso" stating that a complaint had been
made by " the inhabitants of the town of Kelso, schawand that thai and
thair predecessouris past memorie of man hes bene kyniUie and natioe^

MSS. OF Duke tcnnentis to the said abbacie of the landis of Barningtoun and Barnin^r-
OF RoxBUKGUE. ^^^^^ Lejls witht he twa lochis thairof and thair pertinentis, and hes payit
thair malis and dewiteis thankfullie thaiifoir to this hour, and as yit ar
in possessioun thairof, hevand nynetene yeris takis rentellis and vther
titillis of the saniyn sufllcieut to thame for . . [torn] . . part and
never wes molestit and trubillit in thair possessioun thairof in ony tymes
bypast ; and now sen the said abbacie and patrimonie thairof is becumin
in our handis be deceis of Williame [Ker] last commendatar thairof, we
ar movit thairfoir of our dewitie and consience that the saidis tennentis
be kepit and defendit in thair rycht and titill of thair saidis stedingis
and possessionis," in regard to which the queen forbids the prior and
convent to grant any feu or infeftment of any of the lands belonging to
the inhabitants of Kelso, which were net granted before the death of
Commendator William, without the special consent of the Crown.
Dated at *' Alway," 31 July 1566. " Marie li."

92. Commission by King James the Sixth and James Earl of
Murray, Regent, narrating that Mr. William Schaw, j)rovo3t of
Abernethy, chamberlain for the lime of the Abbey of Kelso had intro-
mitted with the rents thereof for the crop and year 1566, and Mr. Peter
Dishingtoun now chamberlain had intromitted with the crop of 1567,
but no count and reckoning had been made of their intromissions,
wherefore Adam bishop of Orkney, Mr. James Makgill of Rankeillor
Nether, clerk register, Sir John Bellenden of Auchnoule, justice-clerk,
Mr. Henry Balnaves of Halhill and Maister John Spens of Condie or
any three of them, are appointed to receive and audit the accounts
rendered by these chamberlains of the rents of the Abbey of Kelso, Avith
full powers. Edinburgh, 25th April 1569. " James, Regent."

93. " Rental of tho Abbacie of Kelso," said to bo about 1567.
[Printed at length in " Registrum Cartarum de Kelso," Vol. II.,
pp. 489-532.]

94. Paper entitled " A drjuicht of the haill pensionis gevin out of
Kelso." The first entry is " the pensionis gevin furth of Kelso of the
aid be the abbottis or commeudateris thairof with the consent of the
convent." " In the first to Robert Ker of Ancrum l<=/i." To Mr. Walter
Balfour and Mr. William Schaw, each £100 ; Mr. John Spens
£59 135. 4d.; Robert Balfour £40; Mr. John Stewart and Henry
Kinloch each £44 ; James Makclene £30 and John Johnstone, scribe,
£22. In all "v'=xl/<." The contribution of the lords of session £56.
"Item the sustentatioun of the convent resawand of money vj^^ of
pundis, vj chalderis malt, thre chalderis quheit " = " iii^ xxxiij/i
vis. viijrf." The sum of the whole above charges being £929 6s. Sd.
Scots.

"The pensionis gevin furth out of Kelso be the quenis grace without
consent of the abbot or convent." " Item in the first," James Cunning-
ham son of the earl of Glencairn occupies possessions belonging to the
Abbey rented at £1,000; Thon)as Ker, son to the laird of Cesfurd,
£433 6s. 8d. ; William Ker, brother to the laird of Fermehirst,
£333 6s. Sd. ; Mungo Grahame, the church of Selkirk, rented at
£333 6*. 8d. ; John Semple, £333 6s. 8d.; William Home, son of the
laird of Cowdenknows, ±'200 ; Alexander Home, brother to the laird of
Ayton, £200 ; the laird of Bargany, £200 ; amounting in all to
£3,633 6s. Sd. " The pensionis gevin out be the last abbot "
Mr. Alexander Mauchane, £20; Mr. George Freir, writer, £ 12; and

James Makcartnay £12. These three sums amount to £14 and the siss. o? dckb
whole pensions enumerated above equal £4,606 13*. 4:d. Scots. —

"Item the Quenis Grace seing this benefice sa charo^it with pensionis
that hir cousing Francis Stewart culd haif small thing thairof to his
sustentatioun, thairfor hir Grace gaif and dispouit to him hir Maiesties
thrid of the said benefice alsweill of the pensionis as of the rest, sua
that gif ilk ane of the pensioneris wald be content of the tua part and
lat him be with the thrid it mycht be ane reasonabill leving vnto him
albeit it be prouidit in his gift that he suld sustene the ministerie in
his awin kirkis," " Item in lik maner it wes commonit betwix hir
Grace and my lord secrelar the time of the demitting of Coldinghame
that the said Francis suld have had ane pensioun furth of the sj\min
howbeit it wes nocht done. Bot he obtenit the gift of the thrid thairof
allauerle, albeit this priore of Coldinghame will nocht allow the samiu
bot takis vp baith tua part and thrid. Thir thiogis I wald my lord
regent wer aduertist of to the effect that in cais ony alteration be of
ther thridis iu parliament his Graoe may be forsene in quhat cais his
brother sone standis and that his Grace may be myndfull that he may
be prouidit of sura leving." [Not dated, but evidently written between
1567 and U'70.]

95. Paper endorsed '' Statutes maid concemeing the kirk aud other
thingis within the towne." This document is of considerable length
but one or two of its items may be noted. (1) The bailie and his
assessors ordain all inhabitants in the town and parish of Kelso to repair
to prayers and preaching on the Sabbath day at least, under pain of
half a merk unless reasonable cause of absence be shown — the money
to be given to the poor. Provision is made for noting absentees.
(2) The bailie' forbids all resetting of *• fornicate uris " and other similar
persons within the town. (3) The bailie approves and ratifies the
acts formerly made as to the churchyard " with this additionn that na
maner of bestiall, sick as horse, nob, scheip, swyne nor gcis at na tyme
be put thairin, and forther that na skynnis, woU nor clayth, be laid nor
keipit thairin vnder the pane of viijs." of fine. The grass in the church-
yard is to be either " schorne or mawin and nawayis eittin." Provision
is made for building the churchyard wall, and punishing those who
break it dovrn. (4) The acts anent " harlottis " to be put into exe-
cution, also those " maid agains pylgrymis," servants contravening
the act to forfeit their wage, and masters to pay flO Scots, " dis-
chairgeing alsoe pasche playis, tymmer, wychtis, banefyris and ringing
of baisingis, ilk persoun transgressand in ony of thir to be pvnischit
as is abone writtin." (5) Provides for regular attendance at session
meetings and fining absentees. (6) The bailie " vpoun the complent
gevin in l>e the minister agains the haill inhabitantis within the toun
and parochin of Kelsoe for keiping a superstitious yeirlie feist to our
Lady at Yuill and all vther superstitious dayis, and keiping that day
halie and ceissing from all workis that day as it were the sabboth of the
Lord, expres aganis the law of Goil and actis of Parliament," forbids
any one to " keip, mak nor provyde ony kynd of banket or feist vpoun
the saidis dayis or aucht dayis befoir or aucht dayis eftir, nor yit in
ony caice to leif of to wirke all lawfull warkis accustomed to be vsit
vpoun ony vther wark day " under a fine of £10 Scots or imprisonment
for ten days on '' breid and waiter." It is also enacted that in the
*' towns " of Kelso, Sprouston and Redden, " raaillei-s " or farmers should
have a horse worth 40 merks, cottars, merchants, &c., a horse worth
above 20 merks, with armour, each footmau to be furnished with steel

MSS. OP Duke bonnets, plait sleeves, long staves, spears and guns, to be used for the
:: — ■ king's service, under the Bailie. The remainder of the eiiactaients-
relate to the ordinary police of the burgh, and are not specially note-
worthy, except one which requires the inhabitants to " life away their
middingis " from the front street and to pave the street, all future laying
down of " middingis " there being forbidden. Dated jit Kelso, 3rd April
1593.

Bellenden Papers.

96. Letters of maintenance by George [Crichton] bishop of Dunkelct
by which he binds and obliges himself to his " weilbelouit man and
seruand, Maister Thomas Bellentyne," who is bound to the bishop in
manrent and service for all the days of his life, that he '' sail supple,
keip, manteine and defend the said Maister Thomas in the peciable
posses&iounc and brouking of all his takkis, stediiigis, rowmis, pos-
sessionis and guidis niouable and vnmouable at ovire power and ?all fak
his afauld leill and trew parte" in all his actions, causes, &c. fiu usual
form]. Dated at Edinburgh, 27 March loliO. Mr. Hubert Criciiton,,
provost of St. Giles, Edinburgh, Mr. Francis Bothwell, dean, and others,
witnesses.

97. Extriict from Privy seal record of Letter of Gift by King James^
the Fifth granting to Patrick Burne, daily servitor to Mr. Thomas

y Bellcndeu, clerk of justiciary, the office of keeper of " the assyis dur of

all and sindrie iustice airis quhaireuir thai sal happin to be haldin and
of justice Courtis " for all the days of his life, with such fees as John
Bell or any other of his predecessors had. Edinburgh, 13 December
1540.

98. Contract of Marriage, by which it is agreed '• betuix ane nobill
and mychty princes, Marye, queue drowriar and regent off Scotland, and
Gylbert Erll off (Jassillis in name and behaKf and takand the burden
vpounhym for Schir Hew Kennedy off Garvauemains, knycht, Barbara
Kennedy his dochter and Dame Jane Stewart Lady Methphen, hir
mother, on that ane part, and Schir Jhone Bellenden oft" AuchnouU,.
knycht, justice clerk, on that other [part], in maner forme and effect a&
eftir foUowes." Sir .John shall marry Barbara Kennedy betweon this
date and " Alhallowmes" next, and shall settle upon her a liferent
provision of 200 rnerks yearly, and shall infeft her conjointly Avitb
himself in any lands acquired after the marriage; while on the other
hand he shall receive with her a tocher of 2200 merks, payable by
instalments, &c. Dated at Edinburgh, the 30th September 1554.
" Marie R," " Cassillis," " J. Bellenden." Jean Stewart Lady Methven
signs by touching the pen of a notary, at the Abbey of Holyrood on
7th October 1554, before the Earls of Argyll, Glencairn, Mariachal
and Angus and the Abbots of Cupar and Culrors, as witnesses.

99. Lease by Christian Bellenden, " priores of the place callit the
Senis besyd the burght of Edinburgh," and the convent of the same,
with consent "of ane religious fader, freir Johne Greirsone, prouinciall
of the Freris predicatouris within the realme of Scotland," in favour of
James Wilky, one of the bailies of the Canongate, leasing to him '' oure
landis of oure kirk of Sanit Laurence excei)tand the Spittell rig, with
thair pertmentis extendand to four skoir and twa ailicris of land or
thaiiby lyand besyd the burgh of Hudingtoun on the west syd thairof,
within the constabulary of the samyn and sherefdom of Edinburgh '*

for the period of seven years, at a yearly rental of 64 bollc< of victual JISS. o? Duke
" half quheit, vngrund "^malt without cberite," to be delivered at the ^^ Roxbteghe.
Sciennes between the feast of St. Andrew [30th Xovember] and the
" feist of the croce callit Beltane " [1st or 3rd May]. The lease is
dated at the " Senis," 15 February 1555-6. [The following are the
names of the sisters then in the convent of the Sciennes near Edin-
burgh: — "Sister Cristian Bellendcn, priores, Sister Elizabeth Naper,
suppnores, Sister Ivatherine Seytoun, Sister Marione Craufurd, Sister
Elizabeth Xaper, Sister Jane Douglas, Sister Margaret Dunber,
Sister Margaret Naper, Sister Agnes Naper, Sister Isabell Cant, Sister
Katherine Xeisbet, Sister Beatrix Blacater."]

100. Bill for merchandise, 1563-4.

" I eTohne Gichane, burges in Edinburgh, grautis me to hane resouit
fra Alexander Russale vij barrell of fyne crovne ase and hes schipit
thame in ane schip of Lcith, the mai^ter skyper callit George Chahoer,
and the s»iid Alexander Kussale to beir the wentuir of thame to
Flanderis and the said John Gichane to deliuer for the vij barrell of
crovn ase in the Camfeir of fre money vii/t. xs. greit Flemis money
to Phelop Craik at the command of the said Alexander Russale to be
wairit at Alexander command ; and to the observing and keipmg of the
saming the said Johne Gichane hes pit to his merk with his awin hand
becaus he can nocht write, at Edinburgh, the thinl day of Merche anno
1563, afoir thir witnes, Patrik Louttit, burges in Edinburgh, Johne
Tomsone, Phillop Craik with vtheris diueris."

10! . Draft or scroll outline of a contract betv.een Matiliew Earl of
Lennox for himself and his wife Lady Margaret Douglas on one side,
and Henry Lord Darnley, their eldest ison and apparent heir, on the ether
part, by which the Earl " for the Infe and favour he Ijerise towarte hi.'?
foirsaid sone and for the conseruatione of liis hous and laving of the-
Levinax with his name and posteritie of the Stewarttis " and for other
cau.ses binds himself with all diligence to obtain a charter to the said
Lord Daridey and his heirs male, whom failing to Charles Stewart his
brother germaii and his heirs male &c. of the lands of Kilmahew now
belonging to James Stewart of Cardonald by virtue of a decree on a
pretended apprising, but which he is to resign in favour of the Earl ;
and on the other part Henry Lord Darnley — "Aviiling to recompense his-
foirsaid faderis liberalite and favour with all thankfulness of mvnd and
humill behaveour, as becumis ane luving and gude sone to do to the
father and moder, and to the effect that his foirsaid fader and nioder be-
nawayis hiuderit nor deteriorat iii thair honour, es-timaiioun nor proffite
throuch thair foirsaid libeialitie bot rather thai sould be augmentit and
meliorat thairby " — binds himself to infeft his father in liferent in the
lauds, to be held of himself and the queen, and also iu ca:e of his
father's death, to secure his mother her reasonable terce, and meanwhile
to make his father his cessioner of all lands &c. belonging to him &cv
No date, but probably in 1565.

102. Letter addressed by Mary Queen of Scots and King Henry
[Darnley] to the " Priour and convent of Halieruidhous," that a former
letter had been written requiring them to expede the letter of bailiary
granted by " our brother of Halieruidhous " [Robert Stewart, then
Commendator] in favour of Sir John Bellenden, Ju.stice-clork, and
declaring that •' hering that ye defer to accorde thairto without ony
ressonnable cause, it is oure will that ye pas the said lettir, ail
excuissis or delayis sett apart and a.s ye will do avs acceptable pleisour

MSS. OP Duke and seruice, and becaus we knaw tliat this oure requcist is reasounable,

* we luik for the obajing thairof with all speid. At Edinburgh, the

xxiiij day of August the yeir of God 1565."

" Marie R." « Henry R."

103. Letter from "Dene" Stephen Htstar, the last Prior of Holy-
rood. Address wanting. [1570-1580.]

" Venerabyll Schir, Eftyr maist hartly cornmendatione. j ra«auyt
your lordschipis vratyng f'ra Vylzam BerttiUno one this day aucht
dayis. In the first, quhar your lordschip vrittis that it [apperis] to
your lordschip that j dryff tynie to speyk with the rest of the bredyr,
j vreit to your lordschip abefoir, it swld nocht stand vpone the rest of
[the] bredyr bot onlye vpone yowr lordschipis awin speking, sayand
your lordschip thoth it rationabyll that we had owr portions ve depend
one that samen sayins, and desyris effetswslye that jt may hayff ane
end ; for your loi'dschip knawis veyll anewch that owr assingnatione vas
j maid in October ; sycundlye, your lordschip vrittis that ye ar informyt
that we gat gwid deyd fra owr hist maistyr for owr consent to the
samen taik to my lady and hyr bernys, ve neuer consentyt to my lord,
lady and bernys nochtwithstandyng that ve var offt and dyuers tymis
raqnirit thairto, na nevyr twyk gwid deid fra na mane one to this tyme.
One Taritie and trewtli owr last maistyr offerit to ws ane huudryth
pwnd for to suboryff the sammyn lettyr ; alswa Gylbert Balfowr bad
me and James thre scoir of pwndis, Blakhall twenty pwnd ; Dene
Dane twik twenty and subscriuit his lettyr. We trest ay that thair
vald hayff bene ane chainge, thairfoir we vald nocht consent to ane
novdyr. And vair your lordschip vrattys that it is ane sobyi- mater
that ve stand vpone, jt is ane of the grettest tynd in all owr place, and
Inverleyth and Vordy [Wardie] is hwrt to the rentyll and it be set as
ye desyr, lykwyes the Abbottis grange his hwrt to the rentyll to set it
as it is desyrit ; nochtwithstanding at my lordis ratnrnyng quhilk j
trest in God sail be sowne, is lordschip gyffand vs portions and ane
rationabyll driu[k]-syluer, owr portions beand gyffin to vs vndyr my
lordis hand and commone seyll and placis assingnyt to vs for payment
of our quheit, beir and syluer, to indwir for owr lyfftymes, this beand
downe all thyng sail be downe at my lordis pleswr and yowris. Last
of all, your lordschip vrettis to me to be var that nane of vs subscriue
na letteris. Yowr lordschip sail vyt that ane servand of the Laird of
Mercumstonis come to m.e with ane lettyr to be seyt for mony ; j said
j vas dischairgit and inhebyt. Adam Bell come with ane vdyr letter of
the tynt of Barrow to Vylle i*rynghi!l and bad drink syluer largelye,
ve said na ; ane mane callit Brws come with ane lettyr of pensione of
thretty pwndis, ve said na. Nocht ellis bot Icyffand Lord keipe you,
your lordschipis oi-atwi", deiic stevin litstar por off halyrwdhws."

104. Paper relating, apparently, to Patrick Bellendeu of Stenhouse.
" Jesus. It is to be rememberit that Patrik lies bene ane servand of
God and of the nobilite of this realme in tlie setting fordwart of Goddis
glorye to the expelling of the strangeris, and hes thairupon spendit his
blude als well as tyme, panes and gudis ; and in lyik maner it fortunit
hym to be present quhen vmquhill David Richeo wes slane at command
of the vmquhill kinge of gudc memorye, fader to our souerane lord, and
albeit his escheit wes disponit and he thaireftir expellit the realme of
Scotland and als owtt of Orkncye quhair his lyving lyis be the extreme
persute of Gilbert Balfour and vtheris haveand commission of the queue
for the tyme and sua endurit greitt dammagc, quhairof to this houre ho
never gatt ony maner of compensation."

" Item, it is to be remembrit that in the moneth of the yeir of MSS. op Dckb

God lo6 , Lord Robert come to Orknaye and thair wes ane appojnt- °^ Kof^rEOHK
ment in wryte maid betuix hym and Patrik." The memorandum
further states that it is desirable that any one havinpr commission
against Patrick should show if, " for it salbe in vane to Patrik to mak
ansuer to thame that hes na commission," for even if acquitted he
would not be better. It is also declared that "equite and justice
requvris that gif my Lord Robert will gif his complaynt aganes Patrik,
that Patrikkis complaynt aganis hym sould be hard," and it is proposed
that a day be fixed for both parties to appear before the Regent and
Privy Council. Lord Robert is also to be required to give his oath
regarding certain papers which exempted Patrick. [No date, but
perhaps between 1572 and 1574.]

105. Letter from King James the Sixth to Sir Lewis Bellenden of
Auchnoul, then Ambassador at the English court.

The King encloses letters from the Laird of Johnstone, warden of the
West Marches, and also from Lord Scrope, the English warden, informing
the Ambassador of his opinion that " seing the Lord Sci-ope intcndis
(jis may appeare) to redres only a eertane small quantitie and tliat only
value for value, a forme disagreing from the last treaty of the com-
missioners and to the great preiudice and discouragement of the trew
subiectes of bayth the realmes, we will that ye insist diligentlie that
directioun and commandment may be send with speid to the Lord
Scrope, from the quene our dearest suster or hir counsell, willing him
to proceid in metingis and deliueiy for all attemptates of guidis
according to the treateis and our former instructioun gevin you,
omitting this conditionale order of value for value sa fer aganis the
meaning of the treateis.

" And seing the evill effectes of Carmichaelles remaining at Carlile
and vther partes of the west bordour pretending (as we doubt not
vntrewly) to be ressauit in our said dearest susters protectioiin, ye
may lett hir vnderstand how grevous and displeasaunt it is vnto ws
to vnderstand him to haue any ressett or consort thaire, he being a man
sa Weill acquainted amangis the theves of bayth the realmes, a speciall
instrument of thir lait conspiracys aganis ws and our estait, and ane
quhome we wishe to be removed from our bordouris or deliuerit to ws,
ye sail thairfoir earnestlie travell with our said dearest suster and hir
counsell that he may othir be delyverit to ws or at leist reterit from
the bordouris, quhair his present remaning gevis sic occasioun of
vnquietnes.

" As to the company of our rebelles that we heir ar laitly cum bak to
Berwik, the priucipallis being past vp in the cuntre, we lippen that our
said dearest suster will tak sic gude order concerning thame a^^ our
amytie and the treaties cravis and as she may be weill assured to find
at our handes, the like caice occurring, quhair we micht gif hir pruif of
our guidwill. Thus faire ye weill. At Halyruidhous, the tuenty of
Februare 1584." « James K."

106. Letter of Pension by King Henry the Fourth of France, who
" desirant pour plusieurs grandes considerations gratiffier et fauorable-
ment traicter Ics Vicente de Sagar " has granted the sum of 40')0 livres
tournois of pension yearly, the first payment to begin on 1 st January
next. Dated at Paris, 27 December 1602. "Henry."

[Besides the above documents, there are among the Bellenden papers,
which are numerous, many receipts for annuities by members of the

MSS. OP DtiKB convent of St. Catherine of Sienna at the Scienues near Edinburgh,
Of aoxBTEGHE .^yJ^Q wero scattered after the Reformation but continued to draw
pensions from the Convent lands. Dame Christian Bellenden, the
prioress, survived until the bef^inning of the year 1571, the hist receipt
signed by her being dated lOtli I\Iarch in that year. A Liter receipt
was written ou': on her behalf but remains unsigned. One inmate, Jane
Haliburton, who describes herself as " ane of the sisteris of the Schenis
besyd Edinburgh " married a Patrick Ogill. Another sister, Jane
Douglas was still living on 1st April 1582.

Tliere are also receipts and other writs by or on behalf of various
persons who drew pensions from the revenues of Holyroodhouse. A
few papei-s relating to members of the Bellenden family are included,
but none of the above are of sufficient historical value to be copied or
noted at length.]

Book of Family Expense.-.

107. This is a long narrow volume, bound in parchment containing
entries of payments, expenses and disbursements of various kinds from
30th June 1619 to 9th ]March 1630. The accounts are at intervals
juithenticated by the signature of Jane Drummond, second Countess of
Kobert first Earl of Roxburghe.

The following are a few of the entries, which will give some idea of
the contents of the book. The first entry is made at '■ Eistroxburghe "
on 30th Juno 1619, shewing balance in hand from previous account
£108 4 10, The next is ♦' 1 1 the Chanonegatc, tlio 5 cf Julij being
Monday at my lady Dudope hir home going, recaued fi'ora my lady to
give amongst the servandis in the Lady Broughtones, one Fleames peice
of gold extending to £12 0 0." On same day " recaved rom my lady
lurself in gold 7 peices half extending too = £100 0 0." ... At
Estroxburghe the 22 of Julij frome my lady hirself 340 whereof 100''
wes for my lord his owne vse and 240^' wes send be W™. Dick to
Londoun with a letter of exchange, 340 0 0." Various entries relate
apparently to a journey, beginning at Edinburgh, where among other
items of wages, presents to servants, 8ic., is a payment "for blak clothe
worset fringe fool brod and buckrome to the Lady Dudope hir womans
pilget and for making it, conforme to the bill £ij 19 0." A dozen
*' silk poyntis for my lady " cost £14 0 and £2 is paid to her in
small money. At setting out from Edinburgh 6/ is paid " at the Water-
gate, to the poore and the same sum at Leithwynd foot." At " the
Quenisferrie," three boats, one for tlie party and two for Lhe horses
were hired for £6 8 0. At Dunfermline, " Supper and brekfast,
Avyne, collationes, cole and ctmdle and chalmeris 40'* 0 0." Wnges of
boys, horses, &c., £6 5 0 and fees to servants of house £2 0 0.
At St. Johnstown or Perth, they paid " for supper and brekfast, wyne,
chalmer, cole and candle £18 14 4." " Item given amongst the
fjervandis ther, being well vsed £3 0 0." A brief stay was made
iit Pitcur and Dudhope, the houses of two married daughters of
the first Earl of Roxburghe. Among other payments made at
Dudhope were a piece of gold to the servants=" £13 6 8." ''Item
to .the norische at Dudope in gold ane crown, inde £3 6 8." *' Item

. . to one cleigieman played all the tymc £1 10 0." "Item in
drinksiluer to the pistolet maker for one pare pistoles send be the Constable
[Sir John Scrimgeour of Dudhope, Constable of Dundee] to my lord
£3 0 0." The return journey was by Dundee ferry, Kinghorn and
- Burntisland. At the last place was paid " in drinksilver to the botmen
and to the poore £0 10 0." "Item for brekfast . . . and for

wyne and chirreis and all other things and for sack and French w}-ne MSS. ot» DrKK

carreit to the bote £12 J8 0." The whole expenses of the journey ^^ •>^^K<r

which lasted from the 2°*^ to the 14^^ July 1619 amounted to about £309

><cots. On 19 July, was paid to '-George Hangitside in Kelso for

6 pare dog cuppellis ar 6^ the pare, inde £S 12 0." On 21**, " Item

vpon Wednisday going to Edinburgh, at Sowtrahill, to one boy going

vpone siilli?, Avho said he wes on lli? jorney to London £0 6 0."

The prices of commodities may be learned from the following, bought
■" from Thomas Marten and send to Estroxburghe. Of pepper 1 pound
£16 8. Of ginger I pound, price 0 12 0. Of clowes iiij ovnce,
price 10 8. Of large maces iiij ovnce price 16 8. Of nute-
mugs iiij ovnce 14 0. Of safrone ij ovnce 4 0 0. Of cannell iiij
ovnce 16 8. Of sugare ij stone price of the ownce xvii» inde
£27 3 0. Of dretlgie vij ovnce 13 4. Of plowdameis iiij pond
£0 8 0. Of rasings of the sone, iiij pound, price £1 10 0. Of
roughe almondis iiij pond £2 16 0. Of oranges x, price 0 13 4. Of
mustard ij pound £0 12 0. Of cannell [cinnamon] confitis iiij pound
at XX' the pound, inde £4 0 0. Of sugar almondis iiij pound at xviii«
tlie pound, inde £3 12 0. Of daittis ij pound £2 0 0. Of olives
1 chopene £0 16 0. Of capers 1 pound £0 13 4. ... Of
vinegar ane barrel! conteneing iiij ga. 1 pynt at 5» the pvnt, inde
£8 5 0."

Among other items on 26 August 1619 is "Item for drogs to the
cotchman as follow is, of turnemarick iiij ovnces 20*, of bey l^rreis iiij
ovnces ix% of granes iij ovnces 4», of fencrik iij ovnces 7* 6*^, of bolar-
monick, half pond 8% of tryakle ij barrellis xii', inde 3 0 6."

On 31 August is the following " Item the last of August at my lady
hir going to Bioxmouth. To the boyes as particulerlie followis, viz.
To Williame Bennet, Henrye Durye, Robert Ker of Grenheid, Robert of
Morsingtoun, Andro Pringle, Robert Dauidsone and Andro Ker, ther
men being 7 in number 3 nychtis at the Englishe lordis being at
Estroxburghe and 2 nychtis at my Lord DoDk his being ther, at the rate
of 40'^' the peice ather of them nightly, inde £5 0 0." [It is not cletu-
x^ ho these English lords were. They seem also to have visited Edinburgh
The Duke may have been the Duke of Lennox.l

Articles of dress are also mentioned. Thus [no date given] " Bodit
at seuei-all tymes for my lord his vse . . in Edinburgh. Of freis iij
elne half for ane jerkin at 4 merk the elne, inde ix" vi* H^. Item ane
blak hat dressing and new pok xxiiij*. Item the riding suord dressing
and scabard xl^ , . . Iteai for ane whinger for my lord 1'." On
the imme<liately jirecoding page occurs " More send to my lady of
8' ribing russet cullour for to be poyntis vj elne, xlviij\ Of reid
Spanishe tafFatie one quarter at 7 lib elne xxxvK Of reid flat buttones
for ane waistcote 4 dosen at 4' dosen xvj'. Of yj« minorae cullonrit
ribing xij elne, inde iij"^ xi]\ Of minome cullonrit silk one vnce price
xxxiiij*. Of Cambridge vij elne, price therof xxiiij''*'. Of tawny cuUored
taffatie of the cord iij elne at iiij merk elne viij^V In August 1622.
"Item payed to ane shoomaker called Cleland for ane pair of strong white
le<lder buittis walxed vi». Item more to him for ane pair Spanishe ledder
shoes xxx^ Item to his man that put on the buttis and shoes xij».
It^iii for 6 houssing girdis for my lordis hors at viiJ5. the peice . . .
iij'' xi\ Item more for four reid coUouris to thera at xj« the peice xliiij*.
Item more for lyning the clokbag with harden and mending it and
putting bukktlli« too it, as also for mending the clokbag sadle, setting to
new taggis and glewiug it xxx*."

Item [paid to Adam Turnour] "for vij elne quarter and half of grene

MS8. OP Duke stufFe to bc jerkin and drawers for my lord at xxx* the eine, inde

■ xj^' j^ iij''. Item for iij drope weght of silk for the same sute at xxxiiij-

the ovnee vj^ vj'l Item one dosen buttones ij^ viij*^. Item ij elne half
of grene vj^ ribing to tye the jerkin withall xv^ Item for clasps to the
sute ij^. Item for making of the sute xxx^ Item for iij elne of Yoi'k-
shyre clothe to be David Ker ane cloke at vj'' the elne xviij^'. Item for
iij elne and ane half of baise to lyno the cloke at xxxvj'' the elne vj^' vj^.
Item for two drope weight of silk to slashe the baise to the cloke
iiijs iiij'\ Item for rantering of the cloke xvi^. Item for half ane elne
of bukrome at xij^ the elne to the cloke neck and the burres of my lordis-
jerkin vj*."

In June 1623 "Bought for my lady hir vse at seuerall tymes as
followis, Item 17 elne and ane half of norage seriss (?) at 24^ the elne
21^^ 0 0. Item 23 elne and ane half blak and white ribbane at 6^ the
elne 8'^ ij^ 0. Item 12 elne russet cullourit ribbane at 4* 6*^ elne
2" 14^ 0. Item 12 elne purpour cullourit ribbane at 4^ 10'', 2^» 18 0.
Item one dosen russet cullourit silk poynts l'^ 10 0. Item 6 dosen of
rings for curtings at 3^ dosen 0^ 18 0. Item 48 elne of stronge girding
for bed bottomes at xvj'^ the elne 3^^ 4 0. Item ane ryme of fyne
paper, price 3'^ 0 0. Item more, 16 elne of norage seriss for Lord
Harie and Lady Sophia at 29^ the elne, ]9^^ 4^ 0. Item 5 dosen
buttones at 2^ 8<* the dosen, O'i 13 4. Item half ane ovnce of purpour
silk O'i 17 0. Item more for Lord Harie 8 elne French gi-ene waterit
camlet at 34^ the elne, inde 13'^ 12 0. Item 20 elne of grene silk
and silver lace at 4^ 6'^ the elne 4^' 10 0. Item 8 dosen of grene silk
and silver buttones at 8^ the dosen 3^' 4 0. Item half ane ovnce o£
sad grene silk 0'» 17 0.

Much of the later part of the book is occupied by entries of money
received. Throughout there are also frequent references to legal pro-
ceedings, fees to counsel, solicitors, &c. Card playing is also several
times mentioned. The whole book which contains 276 folios, or about
550 closely written pages, is worth the attention of antiquarians.

108. Another paper, though of comparatively recent date, is of
historical interest as a personal reminiscence of 1745 and the Seven
Years War, at a later date. It is in the handwriting of Sir James
Innes NorclifiFe, who succeeded as 5th Uuke of Roxburghe in 1812 as
the result of a decision in his favour by the House of Lords. He v,ra«v
born in 1736, and was therefore about nine years old at the date of the
battle of Culloden. The document is partly biographical, but as it
contains historical items, and does not appear to be printed elsewhere,
it is here largely quoted. The Duke begins by referring to a Historical
Account of the Family of Innes (published in 1820) and proceeds : —
" My father. Sir Ilarrie Innes in the autumn 1745 went to Culloden
House and joined the friends of the House of Brunswick in the North
Highlands. The Earl of Sutherland and he were unluckdy in the
house of Dunrobin cut off by the rebells and being unable to rejoin the
army they embarked in an open boat in the month of March 1746 and
crossd the Murray Firth in safety and joined the Duke of Cumber-
land's army att Aberdeen. Lady Innes and her three daughters, my
brother Robert and I, Sir Ilarrie left att Elgin in an old house of the
Duke of Gordons near the Cathedral and the winter passed undisturbed.
But as the Duke of Cumberland advanced, the estate of Innes was laid
under military execution, all the horses and cattle and what belong[ed]
to Sir Harry were carried off, the granaries emptied and the tennants-
obliged under the direction of Mr, George Gilzean, ten nant of Innes mill, to

«aiTy all they ordered to the rebel magazine att Minos near Inverness. MSS. op DrrR
They did not leave enough for the cotters or for the mentenance of the °^ Boxbcrghe.
family in Elgin. As the Duke's army advanced our situation was more
unpleasant and unsafe, and a worthless fellow fired a bullet att my head
which recoiled from the stone lintell of the door and fell into a tub of
water placed to catch the rain.

" La<ly lunes became uneasie ; she sent my tutor the Rev. Mr. Simpson
■with a letter to Sir Ilarrie att Dunrobin where she l^elieved him to be.
Mr. Simpson took a boat at Braehead to cross the Firth with the letter.
The rebels suspected that he had been sent with some account of their
strength aiul situation. I^dy Innes Avas informed of his danger and on
the morning of his return he fortunately walked speedily in the direction
of Rothes and crossed the Spey that night and wa.s safly witliin the
Duke's lines. In the evening the house was surrounded and every
corner searched, happily without effect.

" The Rebel Chiefs hehl their councils att the Red Kirk with intention
of oposing the passage of the Spey, which they relinquished and retired
to Elgin. We remained under their protection and FitzJames' Horse
prevented the house from being plundered and ourselves maltreated.
The Duke of Cumljerland crossed tiie S|)ey the Saturday. That night
we were guarded by C(/l. Bagot of their liusars and Colquhoun Grant,
who remained untill the advance of Kingston's Light Horse obliged
♦hem to join their rear in the town of Elgin leaving the gates baricaded.
As soon in the morning as it was thought safe the gates wei'e opened ;
some dragoons passed the gate in ])ursuil; ihey called [to enquire] the
road to Quarrelwood, 1 run and showed them passed Dunkinty's and
on the oposite side up the Lossie hciird and saw the skirmishing in
Quarrelwood. [Another version has 'I ran past the corner of Dun-
kinty's house to show them and on the opposite side up the Lossie they
heard ' 8cc.] I returned and run to the bank of the Lossie and looking
towards the Stone Crop hill, I saw my father crossing the field the
short way to his house about 8 o'clock the Sunday morning. He
brought a small sword for me, and by 1 1 o'clo:;k I was mounted on my
old dun poney which tlie rebells had left, and was presented to the
Duke of Cumberland as he led tlie column to the south of Elgin ; the
others passed thro' the town and the army encamped th-it night att
Alves. The Duke quartered in [the Rev.] Mr. Gordon's manse. Next
day, Monday, my mother and I accompanied the Duke's army to the
bank of the river Findhorn; there we were sent back, I with the
promise of a Commission."

Here the Duke refers to his education. From the school of Fordyce
he passed to Enfield and the Rev. Andrew Kinross's academy there,
where the " young Earl of Sutherland " was one of his school mates ;
thenco he went to Leyden. He then continues, " I was appointed to a com-
pany in Sir Robert Murray Keith's but regimented with Lieut.-Colonel
Commandant Campbell's 88th Highland Volimteers ; was musterpd
att Leith, May 1760, embarked and landed att Carlstat where we were
armed and marched to join Prince Ferdinand's army as a part of his
strength. "We joined att Saxenhausen ; [another version has ' July
1760 att Zegenheim,] encamped there, and thence encamped on the
heiglits of Romberg a day and night, withdrawn to Zaxeuhausen as
their shott reached our tents. Marched after the affair of Corbre
towards Cassel, which the French took and our hospital. Marched
under the Hereditary Prince [of Brunswick] to Warburg town over
the Derail [Diemel], where [the 1st and 2nd] battalions of our
Grenadiers and two six pounders under Cox drove them [the French]

y 78289. D

MSS. OF Duke from the liill. Wo were between our Grenadiers find the Brunswick
OF RoxBTRGUE. Qi-^-jifidiei-a^ thov liaj^pily did the bu-inoss for us [wiiich] in our un-
disciplined state we were tlien unfitt for. We saw our cavalry drive
the P'rench pellindl tliro' the Demyll, Duke Ferdinand and all the army
at tlieir heels whei-e Marshal Broglio did notchuse to come to a general
action, [According to another version, the two battalions of Grenadiers
above referred to were Brigadier Beckwith's brigade, and were always
in the advance of Duke Ferdinand's army ; the action above related
took place on 2nd August 1760.]

" From that day we had confidence in our sober brave Highlanders
of all sizes from 6 feet to o feet 1 inch and they deservedly maintained
their fame to the end of the war in Germany 1762-3. From Warburg
we marched a long forced march to the relief of-Beaton, who had burnt
the French bakery at Marburgh. We marched to the siege of Wosel,
crossLed] the Ehine ; we weie left to guard the bridge of boats but
[were] called off att midnight, the Prince being unequrdly engaged at
Campen, for the French had their number tripled in the evening [which]
prevented the surprise the Prince attempted. [In hastening up in the
morning] I lost two or three of the flower of my company in a detatch-
ment with Major Maclean, and by an unlucky shot, our excellent young
surgeon, Mr. Jamison, while whispering in my ear. The ball must have
passed thro' the heart. The regiment having marched into the wood, I
called back a sergeant, James Macwilly of my company, lifted my
friend ; Macwillie took his watch and pocket case of instruments which
I delivered to his fathei- att Leith. [Another version Avhich in this
place is more full, states that Jamison instantly expired on receiving
the shot, and adds ' We were separated from the regiment of Normandy
by a small river like the New River. We saw them amongst a thick
plantation of willows; their ol)ject was, T. suppose, to outflank and cut
us off, as I did not perceive that they fired more than a few random shott
which proved so fatal to my worthy friend.']

" We fell in with our retreating army all in good order, took a position
for the night as arranged by our skilful! and indefatigable leader, the
Hereditary Prince, who under the three days and nights anxiety and
fatigue had hardly a comfortable repast. Next day [he] conducted his
retreat by the bridge of boats above Wesel without the loss of a gun.
Sir George Howard commanded the rear. I returned after our regiment
had passed the bridge, and repassed the Rhine with the first battalion
of our Grenadiers commanded by Lord George Lenox, and with a
platoon of Lieutenant Moores, Lord Drogheda's brother, to two poece
of cannon placed on the bank to cover the bridge of boats, so that I
saw all without, as it happened, any hazard and got a rebuke for my
pains. There, was a single handed tilt between Colonel Janard of the
Prussian Yellow Husars, and a French officer, who[m] Jauard cutt up.
Our gloi-ious retreat closed wdicn every cannon was over, by the setting
fire to some wagons filled with straw, which smoaked the French, and
the boats and sloops which composed the bridge being disengaged from
each other sail'd up the Rhine. We marched to Rikham (?), encamped
untill 30th December, wlun [we] were marched into Munster as winter
quarters, and so ended the campaign.

"In the month of February 1761, while at a grand ball att General
Hardenburg's, the order came for a part of the Garison to march on the
Hesse expedition to attack Duke of Broglio's position att Gisscn and
Bugen. The 88th Campbell Highlanders remained in Munster and the
11th, until we march[ed] to Efflen in the Ducliy of Westfalia until the
opening of the campaign 1761. [Another version runs " From .Munster

in the April 1761 we were cantoned att Efflen in the Duchy of West- MS8. of Dckk
phalia under Lieut. -General Wagenham's command, soon after which *^^ Roxbtrguk.
the intricate mazes of the campaign began under Lord Gran by 's com-
mand, untill we brought on the battle of Filinhausen, Lord Granby's
forming our left, to the river Ham, the center att Count Lezips battry
and our extended right under the Hereditary Prince. The attack began
in the afternoon on our position, driving in our advance and the Brit-
tanoic Legion."] Nothing can be more interesting than the variety
and skill of the movements which brought on the battle of FiHnghau5cn
or Dinkeron in July 1761, when the three Marshals with 100,000 men
"were beaten by little more than oO thousand. The history of those two
brilliant years are not surely forgotten by military men.

" The 88th suffer'd severely the evening of the first day. The fore-
noon of the next, the Hanoverians of Marishal Spiken and Baron Lieut. -
General Hardenberg, who came up in the night nobly revenged our loss.
The 88ih and Keiths the 87th were laid along a hollow way so as to
form a line cross to the height or rising ground where we had been
posted the evening and night before. We had the two long sixes
belonging to the Hanoverians, our gun served by a sergeant, Keiths by
a lieutenant. Our sergeant seemed to make it an amusement ' now n
round ' ' now a grap.' Placing a bougli l>efore the mouth to mask hi*
gun, he dill great execution on the line of the French engaged man to
man with the Hanoverians ; after the action I found the round shott had
taken two and three in a line, the grape sticking like Indian corn in
some of them. The French meantime endeavouring to flank our gun,
got within 20 feet and killed the horse that was unharn.?ss'd the first
[shott] bringing him on his end, and the next dead in the flank. [At
the] same time the flashes of a hot fire was sustained by the young;
Prince of Brunswick on tlie chateau or house of Dinkeron or Filen-
hausen. In an hour the French suddenly gave way enraged that Broglia
deserted them, and surrendered att an angle to Colonel Maxwell, 2nd
Grenadiers and Major Wederburn. I ran across the hollow way to the
bank where my lieutenant, Simon Grant, and others of my company fell
the evening before, where stood Marishal Spiken to whom Lieut.-Geu.
Baron Hardenberg presentetl mc, and knowing [the Highlanders by
their Harlequin hose, said ' Ach! Pover Berg Scotten,' thus payiug after
the heat of battle a pleasing compliment of rogreat]. There is a
pleasure in the recollection of the * Ach ! Pover Berg Scotten ' that I
could hardly ever recount without a sensation of pleasure and pain and
the tear in my eye. I hope that some person better qualified than I
[will] give to po.«terity a full account of the conduct and bravry of Duke
Ferdinand and the Hereditary Prince of Brunswick and his two vounger
brothers, one of whom was killetl in the hot fire and sun.shine att the
concludinj: part of the battle of Fiiinghausen." [•' The victory of
Felinghausen did not procure us long repose. Duke Ferdinand was
obliged to make up for the want of reinforcements by rapid movements
to cover part of Hesse and of Kanover and a fruitless attempt to relievo
Wolfenbotle ; after the campaign 1 761 we were cantoned at Salkehelder(?)
then marched [a]cross by Osnaburgh &c. &c. to Lingen in Freselaml,.
where I had leave to return to London intending to seek an exchange
into the Guards. From the fatigue of those two brilliant years service^
tho' I had never been so ill as to leave the regiment or miss one days
duty, the day after I got to Innes House I was seized with a violent
illness of the intermittent kind which reader'd me unable to return to-
the company. "]

V 2

MSS. OF DrKE Here the Duke's historical narrative in both versions practically ends,
OS RoxBUBG E. j.|^g remainder in each case relating to personal and private matters,
which need not be detailed.

Letters of the Roxburghe Family.

Most of such letters as come under the description of historical have
already been noted in the above report, and while there are a large num-
ber of letters and indeed a very considerable amount of correspondence
between different members of the family all which has been cai'efully
sifted, such correspondence is for the most ])art purely domestic and
only of private interest. The following however are given as referring
to historical events or persons.

109. Letter from Thomas Hamilton, Earl of Melrose, afterwards first
Earl of Haddington, to Robert first Earl of Roxburghe, dealing with
the preceedings of the Commission of Teinds then sitting in Scotland.
Lord Melrose sends papers narrating the progress of the Commission.
He states that the bishops are suspected of opposition to the purpose
of the Commission, and comments specially on the doings and sayings
of Patrick Lindsay, Bishop of Ixoss, who as the mouth-piece of the
opposition had j.rotested against a clause of the royal summons directed,
by the Commission warning heritors to appear and deal for their own
teinds. Lord Melrose comments severely on the bishop's *' ignorance
and impertinences " and his impudent persistence. The other bishops
had been silent but they are suspected of aiming to destroy the erections
made by the late King James and to secure to themselves all the teinds.
On this and the effect of the protest Lord Melrose writes at considerable
length desiring the affair should be made known at Court, where the
Earl of Roxburghe then was. Edinburgh, 6 March c 1627. [This and
the two following letters from the Earl of Melrose are printed in full in
<' Memorials of the Earls of Haddington 1880," Vol. II., pp. 148-1 o3.]

1 10. Letter from the Earl of Melrose to the Earl of Roxburghe,
begging the latter to inform his Majesty (King Charles the First) that
il he continues to desire his rent to be " competentlie encrea.sed and his
affaires and necessare charges supplied " and the oppression of the
teind masters mitigated, it will not be difficult for his faithful servants
to perform these duties. But if teinds are to be given up without
full compensation or the clergy are to have their own way, then the
Commission must be dissolved without result. Edinburgh, 29 March
c. 1627.

111. Letter the Earl of Melrose to the Earl of Roxburghe, earnestly
desiring the latter to lay the truth of matters before the king and pre-
vent the misrepresentations made by the Bishop of Caithness and
other agents for the Church, Edinburgh, 7 April c. 1627.

The greater mass of the correspondence now reported on is dated
between the years 1694 and 1750, and is chiefly addressed to Mary Hay
Cauntess of Roxburghe, widow of the third Earl and mother of the
first Duke of Roxburghe.

112. From the letters of her third son, the Hon. William Ker, who
served under Marlborough, the following are selected.

*' Madam, I received jour l^adyship'g of the 31st of May, yesterday,
wherein you tell mo that some people are of the mind that I should not

go to the field except my reigement o^o. I can assure your ladyship iJs :ms8. op Dttkb

what I think my self and I believe if I should ask to go I should not °^ xbcbghj.

get leave from the Duke of Marlebuigho, however desirouse I am to be

there, for the camp is much more agreeable than a garison ; for a garison

in this country is a sorte of a prison, for wee cant go without the gates

for partys. IJut the ramparts in this town are very fine, so that I ride

some times round them and to do that it takes 2 or 3 hours which is

long anuff on horseback for ane airing; and for our other diversions I can't

bragne of tliem much but with my loot boys I have contrived to have a

dancing once or twice, for wee governours of garisous can bring about

those things very easily. I have no more to trouble your ladyship with

but that I wrote last post to your ladyship and shall be s\3 punctuall in

that as possible I can. I am, Madam, your ladyship's most obedient

son, Will Ker." Ghent, July -ith, 1711.

113. The same to the same. Ghent, July 18th, 1711.

*' Madam, I have receiv'd your ladyship's of the 2nd, 7th, loth and
21st of June, but the plague on't is they come all together so that some-
times I shall have none lor a greate while bnt that is owing to cross
winds and there is no help for that. Your ladyship tels me that Sir

Will. Baird is to be married which makes me laugh Your

ladyship seems to think that if wee go to the field this year which wee
are to do in 5 days that it will be hard upon us, but I do assure your
ladyship to the contrary, and that it would be scandalous for us not to
take the field this year and a litis heavy upon us too, for at present wee
pay for our forrage, and wee shall not be able to recniite well at that rate
next year. Your ladyship wants to know how you should direct to me
noAV since my brother is in the countrey (which I am very glade of for
his sake and Lord Beaumonts for to have stayed in town after having
had the small-pox was anuff to have killed him), and really I don't know
how to advise your ladyship except you direct streight out for me at
the Grand Army, but you must tell Mr. Home to put Colonel to my name
else it may chance to go to some parson if there are any of my name in
the army. I have no news to tell your ladyship but that some small
affair happened in the army tother day and some squadrons of ours
suffered, and that poor Prince of Orange passed here three nights ago
from the army to go to the Hague about that affair of his with the King
of Prussia, and so soon as he arrive<l in this place which was about 9 at
night I went to &ee him to receive his commands and to know if he
wanted ane e^corte next morning, for which he thanked me very kindly
and told me he had a French pass and only desired that the Antwerp
port should be opened for him at 4 in the morning ; which accordingly
was done to my regrate now for I wish he had been here yet for he was
drowned next d:iy at Moordick, and the ciroumstancess on't are =.o long
and malincholly that I'le refer your ladyship to the newspapers that will
be full on't, and shall only add that he was the prettiest young prince
in the world,"

114. One or two letters to the Countess from Sir Williaa Bennet of
Grubet also contain interesting references to political incidents. Tims,
on 2 March 1721, he writes from Edinburgh " Madam . . . The
Jacks (Jacobites) are horn mad one some accounts they have gotten
from the other side of the water; they promise themselvs wonders from
Mr. Law and flxncy that the Spanish army is recal'd from Africa in
order to serve the pretender. They have long subsisted one a thin
dyet." " The mortality encreases at Loudon ; the Duke of Buckingham

ol^KoxBUEGHE '^ ^^^^'^t as is Mr. Craig who was my Lord Duke's tutor ; the small-pox
' — ' rages like a plauge."

115. On 13 Juno 1721, Sir William writes *«Maflam . . We have
had nothing extraordinary but what you would see in last prints wher
the report of the secret committy is laid open, and two peers, Rothes and
Hadington of our country, with five commoners are pointed amongst
many others as having had South Sea stock without any valuable con-
sideration ; but this cannot affect them as being but a sort of hearsay, and
tliat ther names were seen in a book of Mr. Knights, so that people think
this grand committy wil like the mountain bring forth a mouse. Satur-
day last ])eing the 10 of June, Harison's regiment which lyes in the
Canongate had orders from their commandant to pluck of all the white
roses they should see worn ether by men ore women which they very
rudely executed, and getting drunk abused al that came in ther way, and
at lenth sent up a sergeant with a party to extinguish some straw that
lytele boys had kinled in Leeth Wind. These soljers fyr'd in at the
Kether Bow 3 musquets wher ther was noe mob ore disorder and kil'd
a barber dead, shot a woman thorow the lesr who being with child is
since dead, and wounded another. This made such a stir as was like to
produce much mischeefe and I am affi'aid is not yet over. Munday
juorning the party was delivered up to the magistrates who lies pretty
clear proofe against one of the soljers Avho is to be try'd by the Lords
of Justiciary.

I send your ladyship Allan Eamsay's essay one the cutting of my
Lord Bowmonts hair " &c.

IIG. On 18th April 1725 he writes in regard to a disputed church
settlement. " Madajm .... Never was ther such a spirite of
rebellion against all order and government as rages universally in this
country, and I really beleeve your Ladyship's first thought of the
military must be the measure at last. They threaten from all quarters
to visite the Synod one Tuesday in such numbers and so prepar'd as if
they have not Avhat they demand they will oblige them to remove ther
quarters, and are so insolent to menace the ensuing circuit should they
offer to proceed against the Morballe rioters. The magistrates of
^Jedburgh are so allarm'd heerat that doubting to keep the peace they
intend to pitition for troups." A petition " cunningly enough drawn
but villanously desyng'd" is being signed throughout the parishes. It
is proposed to prosecute only 30 of the " most seemingly guilty "
riotei's, the whole number being G8.

117. On 10th August 1725, Sir William Bennet writes . . .
" The squadrone have ten fiiends now for one that they ever had befor
«nd the Justice Clerk is spoke well of by these who would have
crucifyed him some time agoc. I beleeve the new set are not very
easy and apprehend no certain .stability in ther present advancements,
as your ladyship tearms it very well. I am perswaded this cloud will
blow over who lives to see it. Mr. Dundass plays the divell with his
successor, cuts him down one all occasions and is at present the idol of
the populace; the petition he drew for the maltsters and which was
burn't is the strongest and most bold paper that I have seen. I have
weekly from Edinbui-gh the most minute things that are passing ther,
and if you have not heard it must tell your ladyship a story. I had
yesterday that some would be wites had a large cock exposed in the
streets with his feathers all pul'd of, and in capital letters one his naked
back, D.R." [For Duke of Roxburghe, who had recently been deposed

from the oflSce of Scottish Secretary of State.] " The novelly gather'd **^o^ ^^^^^

a mob but when the meaning was known they wish'd alloud ' God '.

return him soon his plumes for it had never been well with the country
since he wanted them.' At the same tyme one chanted the ballad
" To Glasgow and doun with the Cambels was the word, John with
the gold eleeves witnes to alL' "

118. In another letter, he again refers to the subject of Morebattle.
** MaJam, Your ladyship will be pleas'd to know that one the 10
instjmt ther was a very throng toun at fledi)urgh, the judges my lords
Pencaitland and Dan. Mr. Rutheifourd, the Advocat's brother-in-law,
represented him and ther were five other lawiers ther. One
Mr. Andrew McDugal was cal'd out to appear for the Morbatle rioteres,
and they had one Halliburton for ther agent . . . The Morbatle
gentry to the number of 70 were cal'd and all present, and from the
first to the hist denyed the libele. Ther lawier, for whom and iher
sollicitor they had made a stock purse of ten pounds sterling, made a
vei-y insolent rebellious speech wherein he asserted the right of the
people in opposition to the call of the patron, insisting that they had
done nothing illegiil and that the ministei-s were the lirst agressors ;
besydes, that the proclamation ha 1 not been read to them, after which,
lie said, they had ane hour to dissperse in provded by law. I would
fain have interrupted him but the judges overrul'd it. I saw the people
uppish upon this mutinous harrange and prevented the Advocate by
taking notice to the Lortls that I was amazed to hear tliat gentleman
ti'umpet up rebellion and justitye tumult and disorder; that if he had
propaled that doctrine befor us as justices of the peace, we wouhi have
laid his heels fast as fomenting this growing spirite of mobs and tumult
eversive of all order and goverment. ThQ lords reprimanded him
severly, and at our desyre the tryal was delayed till next day, in which
tyme we took a precognition of what the witnesses could evidence
against the principal actors, Walter Scot amongst the first, but to our
amazement could not find two concurring witnesses to fix any fact
besydes a great deal of informality and mistakes by he ministers one
the one hand and the sherife depute one the other ; indeed the shortnes
of tyme we had to doe bussines made some excuse. Under these
difficultys we consulted the judges who realy srem'd hearty in the
matter, and cot being able to make more of it that tyme it was con-
cluded that the whole process should be continowed till the next
circuit. When the court met next day, the advocate-depute made the
proposal which in the name of the justices of peace I did second, with
some very familiar language to Mr. McDugall and a great deal of
freedome with such as had promoted that villauous insult. The lords
express'd their outmost abhorrence at the illegal rebelh'ous behaviour
of all those that were concerned in the late timiult at Morbatle, that as
the crime deserv'd it they should [have] been glad to [have] had it in
tncr power to make examples even into death, and if ther was any
further complaint from that quarter they must exspect to meet with the
outmost severity. Some of us enforced what had been said as strongly
as we could, and I beleeve all will be henceforth quie* anless they are
again blown up to madnes by something from the General Asembly,
which I hope will not happen, &c.

William Fkasek.
Edinburgh, 32 Castle Street,
loth May 1801.

FJKST REPORT ON THE MARCHMONT MUNIMENTS OF
THE FAMILY OF POLWARTH, LORDS POLWARTH,
AND EARLS OF MARCHMONT, IN THE POSSESSION
OF SIR HUGH HUME CAMPBELL, BARONET, OF
MARCHMONT, AT MARCHMONT HOUSE, BERWICK-
SHIRE.

^I'^R^nMoNT Hugb, the third and last Earl of Marchmont, who was also Lord
'> — ' !Pohvarth of Polvvarth, under an earlier creation, Avas a very accom-

plished statesman. Daring the six years in which he was a member of
the House of Commons under the title of Lord Polwarth from
1734 to 1740, in the lifetime of his father, the second Earl of Marchmont,.
he greatly distinguished himself by his able opposition to Sir Robert
Walpole. After his succession to his peerage of Marchmont, he was,,
in the year 1750, elected one of the representative peers of Scotland.
He was re-elected at each subsequent general election till the year 1784..
During these thirty-four years of representative service in the House-
of Lords, he was punctual in attendance and very active in reference
to all the business which came before the House. In the year 1 764,
he was appointed Keeper of the Great Seal of Scotland, which office he
held till his death, which took place at Hemel Hempstead in Hertford-
shire, his usual English residence, on 10th January 1794, in the
eighty-sixth year of his age.

The Earl of Marchmont was on intimate terms Avith many of the
eminent men of his time, including Alexander Pope, the poet, who
pronounced his famous and oft-quoted panegyric on his genius. The
poet died in the year 1744 and appointed the Earl one of his executors
under his will. Another distinguished friend of the Earl was Sarah,
Duchess of Marlborough, who died in the same year as Pope. Her
Grace also appointed Marchmont one of her executors, leaving him a
substantial legacy of two thousand five hundred pounds. The Earl of
Marchmont, Lord Bolingbroke, and Mr. Pope Avere all on such intimate
terms that they Avere called the triumvirate of friends.

Lord Marchmont was a zealous collector of rare books and valuable
manuscripts. In some biographical notices it is stated that his.
collection formed one of the most curious and valuable in Britain,

On the death of the third Earl of Marchmont in 1794, predeceased
by his two sons Avithout issue, several claimants appeared for his title of
Earl, and also for his title of Lord Polwarth, as avcU as for his
Marchmont estates, Avhich included Home Castle, so prominent in the
Merse as the ancient stronghold of the Earls of Home, chiefs of the
Marchmont branch of that distinguished Border race. The title of
Earl of Marchmont, being limited to heirs male, Avas claimed by Caplaia
Alexander Home, a member of the family of Wedderburn, as the
nearest heir male of the Homes of Polwarth and Marchmont. The
claim Avas referred to the House of Lords on 10th February 1804. But
it does not appear to have been actively prosecuted, as the first printed
case was lodged for the claimant in 1820. Another printed caso Avas
presented in 1822. Captain Alexander Home, the claimant, died in

the month of February 1823. He was succeeded by his ehlest son ^'^^j^®"
Francis Home or Francis Douglas Home, on whose behalf an additional — '

case was printed in the year 1842.

On referring to the large volume of evidence printed on behalf of
both the claimants and also for Sir Hugh Hume Campbell of March-
mont in opposition to the claims, we are reminded of several incidents
connected with the original claim. Both the printed cases bear the
signature of " H. Biougham" (afterwards Lord Chancellor) as one of
the Counsel, who also appeare^l at the hearing of the case as Counsel
for the original claimant and chiefly led the eviiience. Sir Charles
"Wetherell was also another eminent Counsel for the claimant in 1822.*

On the claim of Captain Alexander Home and his son to the
Marchmont peerage no decision has been pronounced after the lapse of
nearly a century from the death of the Earl in 1794.

Another claimant after the death of Earl Hugh Avas his grandson, the
late Hugh Scott of Harden, who claimed the peerage of Lord Polwarth
of Polwarth, and his claim wf.s found by the Honse of Lords to have
been made out in the year 1835. The Laird of Harden thus became
the Lord of Polwarth. After his death in 1841, his eldest son, Henry
Francis Hepburne Scott, succeeded as the second liord Polwnrth of the
House of Harden. (!)n his death in 18G7, his son, Waller Hugh
Hepburne Scott, the present Lord Polwarth, is now the third Scott
Lord Polwarth.

The late Hugh Scott of Harden, the successful inheritor of the title
of Lord Polwarth, also claimed the Marchmont estates as the heir
general or heir of line of the third Earl of Marchmont through his
daughter Lady Diana Hume, who was the mother of Hugh Scott of
Harden, afterwards Lord Polwarth, as above mentioned. But the
House of Lords decided that the settlement of the Marchmont estates
made by the third Earl of Marchmont on 5th November 1790 vested
them in Sir William Purves of Purves, Baronet, as descended from
Lady Anne Hume, sister of the third Earl of Marchmont, in preference
to Hugh Scott, Lord Polwarth, who was descended from Ladv Diana
Hume, the daughter of the Earl. Sir William Purves Hume Campbell
of ^larchmont, Baronet, was succeeded in the Marchmont estates by
his only son the present Sir Hugh Hume Campbell of Marchmont,
Baronet, who is the possessor of the Marchmont muniments now
reported on by his special permission.

The inheritors of the Marchmont estates and the peerage of Lord
Polwarth, as above explained, wore not the only persons who benefited
by tiie death of the third Earl of Marchmont. His Lordship had for
many years of his long life been on very intimate terms with the Right
Honourable Sir George Rose, who was very prominent in many public
aftairs. Lord Marchmont made Sir George Rose his only executor,
and specially bequeathed lo him his rare and valuable library of books
above mentioned. Sir George Henry Rose, son of Sir George Rose,
inherited the Marchmont library from his father on his death, and after
the lapse of tv/elve years he personally edited and published a selection
from the Marchmont papers in three volumes, octavo, London, 1831.
In his carefully written preface he explains that the late Earl of

♦ At a meeting of the Ccmmittee for Privileges on 6th May 1843, almost half a
century ago, the minutes bear that Mr. William Fraser was called in and nwom
and produced evidence on behalf of Sir Hugh Hume Campbell [Minutes of
Evidence, 1843, p. 380]. He had previously become acquainted with the .>farchmont
muniments on behalf of their owner. Sir Hugh Hume Campbell. The collection has
thus bee)> known to the Reporter for upwards of fifty years.

MAKCHiioM Marchmont at his death deposited with his father, the Lite Sir George
JU Rose, his sole executor, as a sacred trust, all the manuscripts of his

family, with an injunction to make use of them if he should ever find
it necesisary. In a note to that statement it is added : "It has been
" stated since my father's death, on unquestionable authority, that
" * many other manuscrij>ts of great value and interest are yet preserved
"" in the archives of Marchmont House in Scotland.' This he had no
** means of knowing. The late Earl, long before his death, removed
" his library and a great mass of family papers to Hemel Hemsted in
" Hertfordshire, "where he spent the last years of his life, and where
" my father found them when he inherited them on his Lordship's
*' decease" [Preface, p. xi., and appended note].

The three volumes of Marchmont Papers published by Sir George
Henry Rose form a very interesting work on tlie family of the Earls of
Marchmont, and specially on the three distinguished Earls of that name,
each of whom became a very prominent figure in his day. Sir George
Henry Hose explains that the entire mass of Marchmont papers in-
herited by him was very large, and that the selections published in his
three volumes only form a small portion of the entire collection. The
present Report amply shows that the third Earl of Marchmont had not
lomoved all the Marchmont muniments from Marchmont to Hemel
Hempstead, his English residence, as Sir George supposed. The
present Report only deals with the Marchmont Papers still preserved
at Marchmont, and not in any way with those Avhich were bequeathed
to Sir George Rose.

After the publication of the selections from the Marchmont papers
in England, Sir George Henry Rose entered into negotiations with
Hugh Scott Lord Polwarth. Under these negotiations, Lord Polvvarth
acquired by purchase the valuable libr.iry left by the third Earl of
Marchmont to Sir George Rose, and it now forms of itself a large
libi-ary in Lord Polwarth's residence at Mertoun House, Berwickshire.
Although I have seen the books on several occasions there, I did not
make such a minute inspection as to ascertain whether the library so
acquired by Lord Polwarth included all the Marchmont papers be-
queathed to Sir George Rose, and specially that portion of them which
was published by his son in 1831. At a recent meeting with His
Lordship on the subject he was unable to inform me of the nature and
extent of the Marchmont papers which Avere received from Sir Georgcj
H. Rose along with the library. But he promised to make inquiry on
the subject.

In the course of my inspection and examination of the muniments at
Marchmont, and which commenced in the year 18 i2, in reference to
the Marchmont Peerage, I discovered a large collection of State and
Official documents. These were prepared when Patrick the first Eail
of Marchmont held the office of Lord Chancellor, between the years
1696 and 1702 inclusive. At that period it seems to have been the
practice of certain officials of high rank to retain Royal Warrants and
other Crown writs in their private houses. In these earlier days the
official accondmodation, even for officers in important positions, appears
to have been very limited, and that led to much of the public business
being ti'ansacted in the private apartments of public officials. The
pubHc and official documents discovered by me at Marchmont con-
sisted of: — (1.) Original Warrants under the sign manual of King
William the Third for Patents of Peerages, Baronetcies, and other
instruments. (2.) Signatures under the sign manual and cachet and
the hands of the Lords of Exchequer for Crown Charters, &c.

(;?.) Precepts from the Privy SeJil for Crown Charters passing the MAjacmiosi

iireat seal. Under the first of these classes there are Warrants for "

Patents of the Dukedoms of Hamilton and Argyll, the Marquisate of
Lothian, the Earldoms of Tullibardin, Ruglen, March, Marchmont,
Hyndford, the V^iscounts of Seafield, Teviot, Dupplin, and Kosebery,
and the Lords Boyle of Kelburne and Portmore ; also Warrants for
Commissions to High Commissioners to the Parliaments of Scotland and
the General A&semblies of the Church of Scotland, and also for Com-
missions to Presidents of the Privy Council, Keepers of the Privy Seal
and other offices, and Warrants for Patents to several Baronetcies. The
Signatures and Precepts for Crown Charters relate to numerous lands
and baronies, and to public offices.

All these official documents amounted to upwards of 700 in
number. A detailed inventory of each of these writs was made in the
year 1848. Sir Hugh Hume Campbell, as the owner and custodier of
these muniments, with great public spirit handed over the entire
collection to the Lord Clerk Register to be preserved in Her ^Majesty's
General Register House as part of the National Records of Scotland.*

In the preface to the first volume of the folio edition of the Acts of
the Parhaments of Scotland, 1844, pp. 54 and 210 (red ink), the
editors refer to " Tlie Marchmont Manuscript." It is described by one
of them who examined it as a " folio volume of paper in Scotch written
" in the year 1548, and, as appears from frequent markings, by a scribe
" named Robert Ewyn. It was formerly tl»e property t-f Alexander
*' Home, of Mandersto\vn, and is now preserved in the library at
'' Marchmont." The contents are then stated under 13 heads of
laws of the " gude " Kii^g David in Regiam Majestatem. At the end
of the heads or chapters there is an attestation that it was written by
Robert Ewyn, 1548. In the same first volume of the Acts there are
notices of several other copies of the Scotch laws similar to the one at
Marchmont.

With thes-e preliminary explanations which are considered necessary
for undeistauding the rather complicated inheritance of the Marchmont
estates, and also of the muniments now preserved at Marchmont House,
it may be further explained that the present Report includes a selection
of the most interesting and historical documents contained in the
charter muniments at Marchmont House.

The Report is arranged under the following six heads : —

Head 1. Ancient Charters and other Writs chiefly relating to the

lands and families of Polwarth and Home, 1343 — 1568.
Head 2. Papers relating to the Nunnery of North Berwick, 1523 —

1547.
Head 3. Miscellaneous Writs of the Homes of Polwarth, &c.,

1427—1700.

• lu the seventeenth Report to the Lord Clerk Register by the Deputy Clerk
Register, 13th December 1864, under the heading, '• Discoveries cf Ancient Recorils,"
it is stated, page 11, that the Marchmont Public Documents were, on 25th March
1848, transmitted to the Register House, through the kindness of Sir Hugh Hume
Campbell, accompanied by an exact inventory. The same Report by the Deputy
Keeper of the Records shows that the good example of Sir Hugh Hume Campbell was
soon followed by her Grace, Anne Duchess of Sutherland and Countess of Cromartie,
who, on 4th April 1864, transmitted to Her Majesty's General Register House
a large collection of public documents found at Tarbat House, of precisely the same
nature as those found at Marchmont, and relating to the period from 1703 to 1710.
The late Duchess of Sutherland and her husband the late Duke were pleased to give
me a commission to form the Cromartie muniments into a family history, which was
completed in the year 1876 in two volumes, quarto.

^■^ECHMOMT Head 4. Papers relating to the Berwickshire families of Spens,

^- Wolff, and 'J rotl er, 1 5 1 4— 1 700.

Head 5. Discharges and other Writs by Abbots and Commendators,
and other ecclesiastics shortly before and after the Reformation,
1524—1643.
Head 6. Miscellaneous Records, Journals, Heraldic Manuscript,
and other Writs relating to the Homes of Polwarth.

Of the lands of Polwarth, in the parish of that name, which became
the prisicipal estate of the Homes of Polwarth and Earls of Marchmont,
we have the first notice in [No. 2 infra]. They belonged to a family
of the name of Polwarth, which was either given or taken from the
lands at a very early period, as the surname is found in charters to the
Abbey of Coldingham. The last of the lairds of Polwarth of that name,
Sir Patrick Polwarth of that ilk, resigned his lands into the hands of
his feudal superior, George Earl of March, who, in 1377, bestowed them
upon John Sinclair, of Herdmanstov/n. From the latter they descended
along with the lands of Kimmerghame [cf. Nos. 5, G, 8, 9] to two
- heiresses, Marion and Margaret Sinclair. The first married George
Home, of Wedderburn, while the second married his younger brother,
Patrick, afterwards Sir Patrick Home, who became the ancestor of the
Homes of Polwarth. Sir Patrick died in December 1503, and was
succeeded by his eldest son, Alexander, the son of Margaret Sinclair
[No. 12]. Sir Patrick's second wife was Ellen Shaw, Vi^idow of
Archibald Haliburton of Dirleton. In 1536 and 1541 she granted
presentations as patroness of a prebend of Dunglass [No. 19]. Their
son, George Home of Lundies, is referred to in a writ [No. 20] which
is interesting as giving the real name of the mother of Adam Bothwell,
afterwards I3ishop of Orkney, and who officiated at the marriage of
Queen Mary with Bothwell. She was named Catherine Bellenden, not
as usually stated, Jan<it Richardson, and appears from her seal to have
been of the Auchnoull family.

Alexander Home, second of Polwarth, was also twice married. His
second wife was Margaret Lander, n.imed in the Dispensation [No. 14],
who was tlie widow of Mungo Hepburn, of Waughton [No. 39]. His
first wife was Margaret Crichton, and it appears from the sentence of
divorce in No. 60 that he entered, though unsuccessfully, into other
matrimonial relations. He is named in other writs [Nos. 13, 59, and 62]
as deahng with members of the old Berwickshire families of Spens of
Harden, and Wolf of Waldelie or Wedderlie, and [Nos. 57 — 69] may
be indicated as giving information about these families, and also that
of Trotter, the list of furnishings, he, in No. 58, the refei-ence to the
battle of Solway Moss in No. 61, and the marriage contract No. 64
being most noteworthy. We have a slight reference to the sons of
Alexander Home in No. 18, but there is nothing special recorded of any
member of the family until 1592, when we find Patrick Home, then
younger of Polwarth, commended by the Duke of Lennox for his
services, and appointed keeper of the Castle of Tautallon.

Attention may also be drawn to some of the miscellaneous writs not
directly relating to the Homes of Polwarth. The oldest of these
[No. 1], dated in 1343, gives the names of several members of the old
family of Ross of llaining. The Haliburtons of Gogar and Dirleton,
the Homes of Wedderburn, and the Edgars of Wedderlie, are referred
to in Nos. 4, 9, and 10. The Homes of Law and of lleiich, and the
Cranstouns of Corsbie in Nos. 21—23. Nos. 24—29 relate to tho
priory or convent of nuns of the Cistercian Order at North Berwick,

an ancient foundation with which, about the year 1520, the Uomes of ^^^/*"

Polwarth became connected, a member of the family being Prioress.

The instrument, No. 28, about the lost seal of the priory, is of special
interest, Margaret Hume, prioress [No, 29], who grants a lease of
the Heugh to Alexander Hume, was a sister of Patrick Hume of
Polwarth.

The chief collection of miscellaneous writs consists of No?. 30 — 56.
Few of these are si^ecially noteworthy, but the following may be
referred to. No. 37, the testament of Alexander Home of Redbraes.
No. 42, 43, and 46, which illustrate the mode of payment of salaries to
retainers of the royal households of King James the Sixth and his
Queen. Sir John Skene of Curriehill's receipt [No. 48] for Sir
Patrick Home's proportion of the tax for printing the old laws of
Scotland is of interest, as also the certificate [No. 49] as to George
Home's performance of the duties required of him as a landowner in
Ireland. No. 56 relates to the Scottish descent of the Princess Czar-
torisky in 1700.

The papers now reported on also contain a number of minor eccle-
siastical documents of dates before and after the Reformation, a few of
which may be noticed, such as the tack of the teinds of Moordean, by
Tliomas Ker, Abbot of Melrose, at so early a date as 1524 [No. 70] ;
the monition [No. 71], directed by George Crichton, bishop of Dunkeld,
to the parishioners of Dull in Atholc, to pay their teinds and dues to
John Wynram, subprior of the priory of St. Andrews. John Wynram
afterwards joined the Reformers, and become superintendent of the
district of Fife. No. 73 contains a mandate by " Dene " Adam Chatto,
subprior of Kelso, for absolving Alexander Hume, younger, and James
Hasty, from the sentence of excommunication, under which they had
fallen for not paying their teinds of Woodhead. There are also a
series of discharges by William Schaw, provost of Abernethy [No. 77] ;
Alexander Cohille, commendator of Culross [No. 79] ; llobert Douglas,
provost of the College of Lincluden [No. 81]. The precept of sasine,
No. 83, is interesting, because granted by Andrew Ker of Fawdounsyde,
second husband of Margaret Stewart of Ochiltree, widow of John
Knox, the Reformer, while two of the Reformer's grand-nephews are
witnesses.

The remaining writs are so fully described and explained in the
Report itself, that it is superfluous to recapitulate them here. Atten-
tion may, however, be called to the papers relating to Alexander Hume,
the minister of Logic, and a poet of note in his day [Nos. 84, 85]. A
Pass by Oliver Cromwell to Lady Polwarth, to go from Edinburgh to
Redbraes, may also be LOted, and the warrant and patent for creating
Patrick, Lord Polwarth, Earl of Marchmont. Two historical documents
of considerable importance are here printed in full for the first time.
These are the Additional Instructions to Patrick, Earl of Marchmont, y

as Commissioner to the Parliament of Scotland in the year 1698; and
his Insiructions to represent the King in the General Assembly of the
Church of Scotland in the year 1701-2. King William died a few
days after signing the Warrant and Instructions. These are the last
public acts of the King with reference to the Presbyterian Church of
Scotland, Owing to his death before his warrant was acted upon, a
new warrant was granted by Queen Anne on the day of King William's
death.

Maechmojtt Head First. — Ancient Chartkrs and other Writs chieHy relating-
^- to the lands and families of Polwarth and Hume, 1343 —

1568.

], Charter by Eobert, Steward of Scotland (afterwards King
Robert II.), confirming to Elizabeth PoUok a charter of the lands of
Galston. 1343.

Omnibus banc cartam visuris vel auditnris, Robertas Senescallus
Scocie, salutem in Domino sempiternam. Noueritis nos inspexisse ac
veraciter intellexisse cartam AVillelmi de Ross, filii et heredis quondam
Walteri de Ross, dominus del Havnnyng in tenemento de Gallistown
in Kyle Senescalli, non abolitam, non cancellatam nee in aliqua sui
parte viciatam in hec verba :— Omnibus banc cartam visuris vel aud'-
turis, Willelmus de Ross, filius et heres quondam Walteri de Ross,
dominus del Haynyng in tenemento de Gallestown in Kyle Senescalli,
salutem in Domino sempiternam. Noueritis me dedisse, concessisse et
hac present! carta mea confirmasse Elizabet, filic Petri de PoUok, et
heredibus suis inter me et ipsam legittime procreatis [illas] du«s pecias
terre mee cum pertinenciis jacentes in dicto tenemento que vocatur le
Haynyng et Achencros ; tenendas et habendas eidem Elizabet et here-
dibus suis inter me et ipsam legittime procreatis de me et heiedibus meis
quibnscunque, in feodo et hereditate, per rectas metas et diuisas suas, cum
omnibus [pertinenciis, liberta]tibus, commoditatibus et aysiamentis ad
illas duas pecias terre iuste pertinentibus seu pertinere valentibus, adco
libere et quiete sicut ego et predecessores mei easdem duas pecias terre
tenuimus vel potuimus tenere, sine prestatione alicuius multure : et
ipsa Elizabet et heredes sui inter me et ipsam legittime procreati pro-
pinquiores erunt ad molendum in molendino de Achincross post
proprium bladum meum et heredum meorum inuentnm in triuiodio ;
faciendo inde ipsa Elizabet et heredes sui inter me et ipsam legittime
procreati foiinsecum seruicium domini regis quantum pertiuet ad
seruicium vnius architenentis, et reddendo inde annuatim michi et
heredibus meis quibnscunque vnum par albarum calcarium ad festum
apostolorum Petri et Pauli, pro omni alio seruicio, secta curie mee et
heredimi meorum, cunsuetudine et demanda seculari ; et si contingat,
quod absit, dictam Elizabet in fata decedere siue herede inter me et
ipsam legittime procreato diete due pccie terre cum pertinenciis ad mo
et heredes meos libere reuertentur. Et ego Willelmiis predictus et
heredes mei quicunque dictas di:as pecias terre cum pertinenciis adeo
libere sicut prescriptum est dicte Elizabet et heredibus suis inter me et
ipsam legittime procreatis contra omues homines et feminas in forma
pre^ciipta imperpetuum warantizabimus, acquietabinms ct defendemus,
pro annuo redditu supradicto. In cuius rei testimonium presenti carte
sigillum meum apposui, hiis testibus, Domii)is Roberto de Cunyngham,
Jacobo de Cunyngham et Adam More, militibus ; Jacobo Senescalli
tunc vicecomite de Are, Willelmo de Twyname, Jacobo de Crauforde
Wilielmo de Gobensketh et aliis multis. Quamquidera cartam iu
omnibus punctis, conditionibus, articulis et circumstanciis suis vniuersis,
forma pariter ct eftectu, ratificamus, approbamus et tenore presentis
carte nostre pro nobis et heredibus nostris in perpetuum confirmamus :
In cuius rei testimonium presenti carte nostre sigillum nostrum fccimus
apponi ; testibus, r.obilibus viris Dominis Johanne Senescalli de
Pretwyk, consanguineo nostro, Johanne de Crauforde de Grenok,
Johanne de Lyndesay de Thoriston, militibus, Willelmo de Keth,
Jacobo de Crauforde, Adam More, Roberto Logan et multis ahis :

Apud Prestwvk, septimo die mensis [Octojbris, anno Domini millesimo MARcmioxT
ccc quadragesinio tercio. —

2. Charter by King James I. coufirmiug grant (dated 1377) by Greorge
Earl of Dunbar, of the lands of Polwarth. 1429.

Jacobus Dei gracia rex Scotorura, omnibus probis hominibus tocius
terre sue cloricis et laicis, salutem. Sciatis nos quamdam cartam uilecti
consanguinei nostii quondam Georgei de Dunbar, comitis ^larchie,
domini vallis Anandie et Maunie, factam et concessam dilecto et fideli
nostro Johanni «le Sancto Claro de Hirdmanstown, de omnibus et
sing^xlis terris ville de Polwoith vnacum omnibus tenaudiis in eadem
cum partinenciis, de mandato nostro visam, iectan-', inspectam et dili-
genter examinatam, non rasam non abolitaia, non cancc'.Iatam, ncc in
aliqua sui parte uiciatam, i?ed omni prorsus vicio et suspicione carentem
intellexis^e ad plenum ; cuiusquidem carte tenor sequitur et est talis : —
Omnibus banc cartam nisuris vel audituris, Georgius de Dunbar, comes
Marchie, dominus vallis Anandie et Mannie, salutem in Domino sempi-
ternam. Sciitis nos dedisse, concessisse et hac presenti carta nostra
confirmasse dilecto et fideli nostro Johauni de Sancto Claro, domino de
Hirdmanstoun, pro homagio suo et seruicio, omnes terras nostras ville
de Polwrth cum suis pertihenciis, \na cum tenandriis omnibus in
eadem villa iaccntibus, per suas rectas mbtas et antiques ; quequidem
omnhi et singula cum pertinenciis suis omnibus dominus Patricius de
Polwrth miles, quondam dominus eorucdem, nobis sursum reddidit et
per fustem ot baculum pro se et heredibus suis pure et simpliciter
in presencia jiroborum plurium imperpetuum lesignauit : Tenendas et
hal>endas predicto Johanni et heredibus suis de nobis et heredibus
nostri-s, in boscis, .... in feodo et heredilale imperpetuum :
Reddendo inde nobis et heredibus noistris forincecum seruicium dc-
titum et consuctum tantum pro omnibus aliis seruiciis . . . Et
nos diclus Georgius et heredes nostri omnes predictas terras de
Polwrth . . . predicto Johanni et lieredibus suis contra omnes
raortales warantizabimus, &c. In cuius rei testimonium presenti
eaite nos! re sigillum nos'rum fecimus apponi, hiis testibus, Johanne
de Dunbar, comite Morauie, Dominis Waltero de Haliburtoun domino
eiusdem, Patricio de Hepburue domino de Halis, Johanne de Edmouds-
toun domino eiusdem, Alexandre <le Haliburtoun, Johanne de Turribus
et Johani:e de Haliburtoun, niilitibus, Nigdlo de Conynghame, domino
de Beltoun, Alexandro de Cokburne, domino de Langtoun, Alexandra
de Rielyntoun, Phiiippo de Nesbit domino eiusdem, Roberto Leth et
aliis. Datum apud Uunbar, ducKlecimo die mensis Junii, anno Domini
mille?imo ccc™" Ixx"" septimo- Quamquidem cjxrtam, donacionem et
concessionem in tadem contentas, in omnibus punclis suis ct articulis
condicionibus et modis ac circumstanciis suis quibuscunque, forma
pariter et cffectu, in cmnibus et per omnia, approbamus, ratificamus et
imperpetuum confirmamus, saluo seruicio nostro. In cuius rei testi-
monium presenti carte uostre magnum sigillum nostrum apponi pre-
cepimus, testibus, reuerendo in Christo patre Johanne episcopo
Glasguensis, can^ellario nostro, Johanne Forestarii, camerario nostro,
Waltero de Ogilbi, thesanriirio nostro, militibus, Magistro Willelmo
Foulis, custcde priuali sigilli nostri, 'preposito <!e Bothuile, et magistro
Thoma de Myi-etoun, decano Glasguensi, apud Edinburgh, nono die
mensis Maii, anno rcgni nostri vicesimo quarto. [1429.] (This
charter is not recorded in the books of the Great Seid Register now
extant.)

3. Notarial Instrument narrating that John of Catpayir of Polworth
resigned by staff and baton into tte hands of John Sinclair of Herd-

Marchmont manstoun and Pohvorth, his over-lord, his v/hole land with j)ertincnts
— ■ lying in the town and territory of Polworth within the sheriffdom of

Berwick, namely, the half of a husband land, with all his claims. Done
at the Castle of Herdmanstown at 10 a.m., 31 January 1437-8, in
presence of John Yhule, William Coxsou, Thomas Dieson, Patrick
Thomson and Edward Stenson. William Ilarpar, notary.

4. Letter of Reversion by George Hali burton of Upper Gogar to his
brother Sir Walter Haliburton, as to the lands of Betshiel. 1439.

" Be it knawyne til al men be thir present letres, me, George of
Haliburtoun of Yuergogar, to be oblyst lely and trewly be the fayth
of my body for me, myne ayris and myne assignes, til a nobil man, Schir
Waltere of Haliburtoun of that Ilk, knycht, my brother, that albeyd the
said lorde haf gytfyne to me al the landis of Betschele Avith the
pertinence lyand within the scherefdome of Berwic, and gyfFyne to mo
tharof charter and sesyng, nevirtheles I wyl and grauntis for me, myne
ayris and myne assignes, that qwhat tyme efter the fest of yule next
folowand efter the date of thir letres the said Schir Waltere, his ayris
or his assignes, pays to me, myne ayris or myne assignes, ane hundreth
markis of vsuale mone of Scotland on a day betuix the rysyr.g of the
sone and the dovngangyn of the samyne, in the paryse kyrk of Boltoue,
on the he altare, but fraude or gyile, than I, myne ayris or myne assignes,
sal deliuer andvpgyfto the said lorde, his ayris or his assignes, alhale the
said landis of Betschele with the pertinence, togjdder with the forsayd
charter and sesyng tharof to me gyffyne, sa that the said charter na sesyng
haf nowther force na effec fra that tyme furth in tyme to cwm. In
witnes of the quhilk thyng to thir letres I haf set my sell, at Dryltoun
the xxij day of the moneth of June the yere of oure lord a thowsand
four hnndi-eth thretty and nyne." [This wiit was transumed or copied
by a notary on 13th May 1449 at the instance of Thomas Congyltoan,
son of John Congyltoun of that Ilk, by Alexander Clerkson, notary in
the burgh of Haddington at 8 a.m. Witnesses, Giles Ker, squire,
William Harpar, notary public, and William Clerkson, burgess of
Haddington.]

5. Transumpt of Charter by King James Second to John Sinclair, of
the lands of Polwarth, 17th July 1443.

Jacobus Dei gracia Rex Scotorum, omnibus probis hominibus tocius
terre sue, clericis et laicis, salutem. Sciatis nos dedisse, concessisse et
hac presenti carta nostra confirmasse dilecto et fideli nostro Johanni
de Sanctoclaro, fdio et heredi Johannis de Saucloclaro da Hyrdmans-
toun, omnes et singulas terras de Polworde cum pertineneiis, iacentes
infra vicecomitatum de Berwico. Quequidem terre cum pertioenciis
fuerunt dicti Johannis de Sanctoclaro hereditarie ; et quas iilein
Johannes non vi ant metu ductus nee errore lapsus, sed mora et
spontanea voluntate sua, in manus nostras per fustem et baculum coram
testibus per suas literas patentes et procuratorem suum ad hoc legittimo
constitutum, sursum reddidit pureque Bimpliciter resignauit, ac totum
jus et clameum que in dictis tcrris cum pertineneiis habuit sen habere
potuit pro se et heredibus suis omnino quitum clamauit imperpetuum.
Tenendas et habendas prenominatas terras cum pertineneiis dicto
Johanni et Katrine spouse sue et eorum alteri diucius viuenti, ac here-
dibus inter ipsos legittime procreandis, quibus forte deficientibus veris
et legittimis heredibus dicti Johannis quibuscunque, de nobis et here-
dibus nostris, in feodo et hereditate imperpetuum, per omnes rectas
metas suas antiquas et diuisas, in boscis, . . . adeo libere et quiete,
plenarie, integre et honorifice, bene et in pace, in omnibus et per omnia,

sicut dictas Johannes aut aliquis predecessorum soorum prenominatas ^^^°^

terras cum pertinenciis de nobis aut predecessoribus nostris ante dictam *

resignacionem nobis inde factam liberius tenuit seu i)ossedit : Faciendo
inde nobis et heredibus nosn-is dicti Johannes et Katrina et eorum
alter diucius viuens ac heredes inter ipsos legittime procreandi, quibus
forte deficientibus veri legittimi et propinquiores heredes dicti Johannis
quicunque, seruicia debita et consueta. In cuius rei testimonium presenti
carte nostre magnum sigillum nostrum apponi precepimus ; Testibus,
Reverendis in Christo patribus, Jacobo, Johanna, Jacobo et Michaele
ecclesiarum Sanctiandree, Glasguensis, Dunkeldensis et Dumblanensis
episcopis, dilecto consanguineo nostro Willelmo Domino de Crychtoun
cancellario nostro, Alexander de Lewingstoun de Calentare, Johanna
Sibbalde de Balgowny, militibus, Jacobo de Lewingstoun scutifero,
Magistro Willelmo Turnbule, nostri privati sigilli custode, et Magistro
Georgio Schoryswode, clerico nostro, apud Striuelyn, decimo septimo
die mensis Julii, anno Domini millesirao quadringentessimo quadra-
gesimo tertio et regni nostri septimo. [This charter was transumed on
2nd May 1472, at the order of John of Ottirburn, Licenciate in Decrees,
Provost of the Collegiate church of Methveu, canon of Glasgow and
official of St, Andrews in the archdeaconry of Lothian, sitting in the
usual Consistory Court in St. Giles Church, Edinburgh, as requested
by Katrine Home, relict of the late John Sinclair, son and apparent
heir of John Sinclair of Herdraanstoun, and now spouse of Archibald
Douglas, and Mr. Thomas Pyt, rector of Abbotroul, her procurator.
Witnesses, Gilbert Otterburn, rector of Slains, Andrew Wardlaw, Patrick
Louthian, Thomas Halyday, James Fulford, and John Lany, presbyters.
The sell of the official is appended, in a defaced condition. It repre-
sents a mitred head and shoulders, with a coat of arms beneath. The
royal charter is not contained in the extant portions of the Register of
the Great Seal.]

6. Retour of service of Margaret Sinclair as one of the heirs of her
grandfather in the lands of Kimmergham. 1467.

Hec Inquisitio facta fuit apud Berwic super Twedam, in curia vice-
comitis de Berwic tenta in pretorio eiusdem coram Adam de Hepbume
de Dunsyar, vicecomite de Berwic, septimo die mensis Aprilis, anno
Domini millesimo quadringentesimo sexagesimo septimo, per istos sub-
scriptos magno sacramento interueniente iuratos, videlicet, Robertum
de Laweder de Edringtoun, Adam de Nesbit de eodem, Kobtrtum
Inglis de Lochend, Adam de Blacader, David Lumysden de Blenhem,
Johannem Atkynsoun de Lathame, Thomam de Lummysdene de eodem,
Nicholaum de Paxtoun, Johannem EUame de Butterdene, Patricium
Sleich de Cumliche, Nicholaum Forman de Hutoun, Thomam Edyntoun
de eodem, Johannem de Lummysdene, Alexandrum de Manderstoun,
Jacobum de Kellow, Robertum Dicson, et Patricium . . .* Gammyl-
schelis armigeros : Qui iurati dicunt quod quondam Johannes Synclar,
[auus] Margarete Synclai-, latricis presencium, obiit . . . de feodo
ad pacem et fidem domini nostri regis de [terris de Kimjbyrgiame
cum pertinenciis vbicunque infra villa .... tibus vnacum
superdominio omnium liberetenencium . . . jacentibus in regalitate
de Bonkil infra . . . dicta Margareta est [vna] de legittimis
. . . heredibus dicti quondam Johannis aui sui de . . .
superdominio liberetenencium dicte ville . . . legittima et pro-
pinquior heres dicti quondam Johannis . . . dictarum terrarum et

* The blanks throughoat are caused by defaced portions of the writ
y 78289. S

^•^11^°^^ superdominii predict! cum per[tienciis] . . . legittime etatis,
— ■* et quod dimidietas dictarum terrarum et super domiiiii predicli cum

pertinenciis valet nunc per annum viginti . . . 8cotie et tantum
valuit tempore pacis : et quod tenetur in capite de domino comite
Angusie tanquam domino regalitatis . . . albe firme Reddendo
inde sibi annuatim vnum denariura argenti in festo Penthecostis
nomine albeferme si petatur tantum. Et [quod] nunc existit in
manibus dicti domini comitis legittime per seipsum per mortem dicti
quondam Johannis Synclar ob defectum prosecutionis . . . jus
suum hucusque inde non prosequentis, a tempore obitus dicti quondam
Johannis, qui obiit vicesimo die mensis Decembria vltimo elapsi, anno
Domini millesimo quadringentesimo sexagesimo sexto. In cuius rei
testimonium quidam eoruna qui dicte inquisitioni intererant sigilla sua
sub inclusione sigilli prefati vicecomitis cum breui iucluso presentibus
appenderunt anno die loco et mense supradictis. [Four seals and a
fragment still appended — all defaced.]

7. Charter by Alexander Duke of Albany, Earl of March, &c.
granting to Thomas Schoriswod for his faithful service two husband
lands with the half of a husband land, lying in the town and territory
of Grenlaw, in the earldom of March, belonging to the late William
Edwardson and resigned by him ; to be held to the said Thomas, his
heirs, &c. of the Duke and his heirs, in fee and heritage as the late
Thomas Dauison held the lands, and for the same service. Dated at
Dunbar, J 1th April 1470. Signed " Alexader Dwk of Albany."
Witnesses, Sir James Liddell knight, the Duke's master of household,
Mr. Alexander Inglis his secretary, subdean oL Dunk eld, Mr. George
Liddell rector of Forest, David Rantoun of Billy and George Roule. A
fragment of seal attached.

8. Instrument of Sasine in terms of letters by Alexander Duke of
Albany, &c. directed to Patrick of Smetoun as bailie to give sasine
to Marion Sinclair, wife of George Hume of Wedderburn, of the lands
of Polwarth, in the earldom of March and sheriffdom of Berwick as
senior heir ; '* Qui uero Patricius tanquam filius obediencie volens
raandatum sui domini ad promptum in omnibus adimplere, prefato
Georgio actornato dicte Mariote statum saisinam et possessionem
dictarum terrarum de Polwart cum pertinenciis, per lapidem et terram
in manu dicti Georgii per prefatum Patricium balliuum impositos, per
capsulam ostii et introitum euisdem principalis domus loci de Polwart,
auctoritate dictarum literarum, contulit etassignauit; ac ipsum Georgium
actornatum in realem actualem et corporalem possessionem dictarum
terrarum omnibus modis quibus melius et efficacius potuit corporaliter
nomine quo supra introduxit et inuestiuit." Sasine given 10th No-
vember 1475. Witnesses, Archibald Douglas, Alexander Chirnside of
East Nisbet, Sir James of Tranent, vicar of Fogo, Sir Thomas Gamyll,
curate of Polwarth, and others.

9. Letters of Obligation by John Murray and Elizabeth Sinclair, by
which they oblige themselves in favour of David Home of Polwarth,
son and apparent heir of Greorge Home of Wedderburn, that on
payment of eleven score of merks Scots they will resign to him all
their lands in the lordship of Polwarth, and they bind themselves
not to molest him in possession, under a penalty of 400 merks. Dated
at Edinburgh, 24th January 1479-80. Witnesses, Thomas Lewis of
Manor, George Cant, Henry Cant, and others. Two seals appendcil.
The first shows a shield charged with a hunting horn, three moUets in .

chief and a fourth as a mark of cadency. Legend, "S. Johannis MAMmiosr
MoRRA." The fsecond seal is broken, but shows the engrailed cross of — "J

Sinclair. Legend imperfect.

10. N'otarial Instrument narrating that in presence of the notary
and witnesses there compeared Adam Edgar, Laird of "Wedderlee, and
acknowledged that with consent of Robert Edgar, his son and apparent
heir, he had sold his land of Polwarth, commonly called Leland, to
David Hume of Polwarth his over-lord for twenty merks Scots, which
lands he resigned in the parish church of Polwarth, with all his rights.
Done in the parish church of St. Kentigern of Polwarth on 6th March
1486-7. Witnesses, Gteorsre Sinclair, Oliver Edgar, Thomas Hasty,
Patrick Grefe, Andrew Gilly, Robert Johnstone, John Mody, Richard
Thomsone and Hugh Spens.

11. Charter by King James the Fourth, confirming a charter (dated
at Ayr, 7th September 1496) by George Ross, Laird of Haining,
granting to his son George Ross and a series of heirs named, the lands
of Haining in the sheriffdom of Ayr. Confirmed at Stirling, 6th .June
1498. [This writ is recorded in the present Register of the Great Seal,
and its existence only is noted here.]

12. Retour of Inquest made in presence of George Master of Angus
over-lord of the lands, by Patrick Sleych of Cumlych, Alexander
EUame of Buttyrdane, James Spens of Hardens, Patrick Lummysden de
Blaneme, John Yettame, John Auldyncrau, John Atkynson, William
Edyngton, David .... Sleych, James Sheldyn, John Lum-
mysden of Law, George Sleych, Richard Bene and William Ranton, who
upon oath declared that Margaret Sinclair, mother of Alexander Hume,
died last vest and seized of fee at the faith and peace of the king in
the half lands of Kymbyrgeame &c. in the regality of Bonkill and
sheiiffdom of Berwick ; that the said Alexander is the lawful and
nearest heir and that he is of lawful age ; that the lands are worth
£20 Scots yearly and are held in chief of the Earl of Angus for one
penny at Whitsunday of blenchfarm ; that they are now in his hands
as over-lord by the death of the said Margaret, and of Sir Patrick
Hume, knight, from the time of the death of Sir Patrick, six months
before the date of the Inquest. Done at Preston, 7th May 1504.

13. Notarial Instrument narrating a contract, dated at Redbraes,
5th November 1518, by which Alexander Hume of Polwarth agrees to
pay to Peter Spens of Hardens the sum of 300 merks for the lands
of Hardens -above-the-burn, in wadset, while Peter Spens shall infeft
the Laird of Polwarth in the less half of his lands in Chirnside, as
warrandice of Hardens; and if Spens agrees with John Wolf of
** Waudaile " he shall infeil Hume within twenty days. Of the
300 merks 120 are paid, 120 are to be given to Thomas Trotter of
Fogo-Rig, to redeem Hardens from John Wolf, and 40 pounds are
to be given to Spens immediately. Instrument dated at Redbraes,
15 December 1518. [Various charters and the usxial sasines, iucluding
one to Alexander Hume and Margaret Crichton his wife followed on this
contract. The seal of Peter Spens attached to one writ shows a shield
bearing, fretty, with three mollets in chief.]

14. Dispensation for the marriage of Alexander Hume and Margaret
Lauder, 23 January 1520-21.

Andreas, Dei et apostolice sedis gratia Archiepiscopus Sanctiandree,

B 2

Mamhmont totius regni Scotie priraas, legatus natus, ac per vniuersum regnum

' predictum eiusdem sedis, cum potestate et facultale legati de latere,

Legatus, discrete viro Magistro Georgeo Ker, preposito collegiate ecclesie
de Dunglas nostre diocesis, salutem in Domino sempiternam. Ex parte
dilectorum nobis inChristo nobilium, Alexandri Home, laici, etMargarete
Lauder, mulieris nostre Sanctiandree diocesis, nobis oblata petitio contine-
bat, quod ipsi olim scientes se simplici tertio consanguinitatis gradu
inuicem esse coniunctos sese pluries actufornicario carnaliter cognouerunt,
excommunicationis sententiam et incestus reatum propterea incurrendo :
cum autem sicut eadem subiungebat petitio dicti exponentes certis de
causis rationibiiibus et maxime propter hiiiiismodi carnalem copulam
desiderant inuicem matrimonium contrahere illudque in facie ecclesie
solemnizare supplicari fecerunt propterea humiliter dicti exponentes eiis
super hiis per nos de debite absolutionis beneficio et oportune dis-
pensationis gratia misericorditer prouideri. Nos igitur ad hec suflBcienti
apostolica facultate potiti, auctoritate apostolica nobis commissa et qua
fungimur in hac parte, discretioni tue committimus, quatenus si est ita
eosdem exponentes si id humiliter petierunt ab excommunicationis
sententia quam propter premissa incurrerunt absoluas hac vice duntaxat
in forma ecclesie consueta, iniunctis inde sibi et eorum cuilibet pro modo
culpe penitentia salutari et aliis que de jure iniungenda fuerint : et
demum cum eisdem quod non obstante impedimento predicto matri-
monium inter se libere contrahere ac in facie ecclesie solemnizare et
postmodum in eo remanere libere et licite possint et valeant dispenses,
dummodo propter hoc dicta mulier ab aliquo rapta non fuerit, prolem
susceptam si qua sit et suscipiendam exinde legittimam decernen. In
quorum omnium et singulorum fidem et testimonium premissorum
presentes literas exinde fieri fecimus et sigilli nostre legationis jussimus
appensione comuniri. Datum Edinburgi, nostre Sanctiandree diocesis,
anno incarnationis Dominice millesimo quingentesimo vigesimo, die
vero vigesima tertia raensis Januarii, pontificatus sanctissimi in Christo
patris et domini nostri domini Leonis diuina prouidentia Pape decimi
anno octauo. Visa. Jo. Lauder, secret'^*.

15. Precept of Sasine by Patrick Diksoun, son and heir of the late
Archibald Diksoun, for infefting Alexander Hume of Polwarth and his
heirs in two husband lands lying in the town and territory of Graden,
sheriffdom of Berwick, to be held of the king. Edinburgh, 3rd April
1523. Signed " Patrik Diksoun w* my hand at ye pen." Seal attached.
Two birds passant. A mollet in base. Legend, S. Pattrici Dicson.

16. Lease by Andrew [Durie], Abbot of Melrose, with consent of his
convent, granting to " Patrik Haitlye and to his airis and assignais
quhatsumeuer, quhilkis beand of na greter degre na hymeselft", all and
hail our landis callit the clerkland exceppand ane croft lyand in to the
towne of Assintone ij«. of mail, the quhilk Patrik Brownefeild he3 in
tak," all lying in the Merse within the sheriffdom of Berwick ; to be
held in lease for nineteen years for a yearly rent of 18/ Scots. Dated
at Melrose, 8th April 1529. Signed, " Andreas Mellisros Abbas," and
also by the sub-prior and twenty-four other monks. [A later writ is a
Precept of Clare Constat by James (Douglas) Abbot of Melrose for
infefting Patrick Haitly as heir of his father the late Patrick Haitly in
the 18/ lands of Clerkleys, bounded as described. Dated at Dalkeith,
22 July 1589. Witnesses, John Douglas of Kennestoun, William
Douglas his son, and others. Signed, " Jacobus commendatarius de
Melros."]

17. Letters of Bailiary by William Hepburn of Rowanston, appointing Mabchjcoxx
Robert Hume, brother-german of the late David Hume of Wedderburn, ^Iff*

to be bailie of his lands of Rowanston in the sheriffdom of Berwick, for
the term of nineteen years, with full powers. Edinburgh, 15 May 1532.
Signed, " Willeam Hepbran of Rolastun."

18. Notarial Instrument narrating a contract between Patrick Hume
of Polwarth and Gavin Hume at the burgh of Jedburgh, by which the
former agrees to give the life-rent of the £20 lands of Shiells to the
latter who in turn renounces all right or claim he had to his fiither's
lands. Gavin shall also give his bond of manrent to Patrick, excepting
no man but the king, and shall also deliver to him his place with his
heirship, except a chamber and a stable until Whitsunday when he shall
remove, answering to " the lady " for her terce of the lands ; while
Patrick shall give Gravin his bond of maintenance. Regarding
Kimmerghame Mains and Redbraes, Gavin obliges himself for his
brother, Alexander Hume, " that he sail deliuer all his jjart to the said
Patrick baith seid and oxin with the teling and harroing therof, he
fyndand cautioun to hym as efferis thairfor or than gifand hym the
Beldscheaiill for the samyn for the maill paying, and failzeand therof to
gyff to the said Alexander his bruther als mekyll in ane vthir place at
the sycht of Andro Ker of Farnhirst and Alexander Schaw of Sauchye
for his bamis part of geir forsaid." The penalty for infringement of
the contract is 300 merka. Done in the chamber of Andrew Ker of
Farnhirst, at the burgh of Jedburgh at 2 p.m., 15th March 1532-3.
John Ker and Robert Ker, brothers-german, witnesses with others.

19. Presentation by Elena Schaw, lady of Dirleton, in favour of
Bartholomew Bauld of the prebend of Vigorushauch, 1536.

Veuerabili et egregio viro Magistro Johanni Chesolme, preposito
ecclesie collegiate de Dunglas, Elena Schaw, domina de Dyrltoun,
coniuncte infeodationis terrarum de Wygurushauch, Bradyardis cum
columbario eiusdem, horse mercat et piscationem aquarum de Tweyd et
Tewyoth et vnius annui redditus quadraginta solidorum de terris de
Mordenstoun, reuerentias debitas et honores : ad prebendam de Wygur-
ushauch cum suis pertinentiis ant«lictis, ad meam presentationem vestram-
que admissionem pleno jure spectantes, dilectum meum Dorainum Bartho-
lomeum Bauld presbiterum animo non variandi seu accumulandi vobis
tenore preseutium presento ; Excrtans rogans quatenus dictum dominum
Bartholomeum presentatum meum in et [ad] huiusmodi prebendam sic
vt premittitur recipiatis et admittatis, eandemque sibi conferatis, ac
ipsum vel procuratorem suum eius nomine in realem actualem et
corporalem possessionem eiusdem inducatis et instituatis, inductumque
institutum in eadem canonice defendatis sibique slallura in choro et
locum in capitulo assignari faciatis; ac sibi Domino Bartholomeo
presentato meo vel suis procuratoribus de vniuersis et singulis terris
predictis ac proficuis eiusdem quibuscunque integre responderi faciatis ;
contradictores vero et rebelles si qui forsan faerint vestra actoritaie
artius compescendo, ceteraque faciendo que vobis in premissis incumbunt
peragenda. In cuius rei testimonium sigillum meum vnacum mea
subscript'.one manuali per tactum calami presentibus est aflBxum, apud
Striuiling, penultimo die mensis Maii, anno Domini millesimo quingen-
tesimo trigesimo sexto ; coram hiis testibus, Magistro Patricio Hume meo
filio, Patricio Cokburn, Georgio Schaw, et Roberto Lermonth, notario
publico, cum diuersis aliis. Signed, " Dairi Elen Schaw lady off Dyrltoun
with my hiiud on ye pen." [The same lady, as widow of Sir Patrick

Maechmost Hume of Polwarth, knight, patrou of the prebend called Vigorushauch,
' issued another presentation in 1541, in favour of the same person, directed

to Mr. Abraham Crichton, provost of Dunglas.]

20. Letters of Reversion beginning " Till all and sindry quham it
efferis quais knawlege thir present lettx'es sal cum, Adam Boithwell,
sown of vmquhile Maister Francis Boithwell, and Katherine Bellendene,
my moder and tutrice testamentar, greting in God evirlesting," &c., by
which they declare that although George Hume of Lundies has sold to
the said Adam an annual rent -of twenty merks from the lands of
Trottanschaw and Byrecleuch and Handaxwood, lying in the barony
of Bothwell by annexation, in the lordship of Dy and sheriffdom of
Berwick, yet as soon as Hume shall pay upon the altar of St. James
the Apostle, within the collegiate church of St. Giles, Edinburgh, the
sum of 400 merks, the said Adam binds himself to resign and upgive
the annual rent in Hume's favour. Dated at Edinburgh, 4th May
1542 ; witnesses, James Halden of Glennagas, James Lausouu of
Highriggs, Archibald Halden, Patrick Halden and others. Signed
" Kathryne Bellendene vyht my hand," " Adam Boithuille wyht my
hand." Seals appended, in fair condition. The first, a hart's head,
oouped, between three cross-crosslets. Legend, " S. Katkine Ballen-
TiNE SPOSE M. Era. B." The second, a chevron between three trefoils
slipped. Legend, " S. Ade Boithvil."

21. Procui'atory of Resignation by Mr. Patrick Hume (of Law) and
Margaret Wemyss his spouse, nominating Mr. William Schaw, provost
of Abernethy, and John Focart, to resign in the hands of John
[Stewart], commendator of Coldingham as superior, the four husband
lands of Law and four husband lands with three quarters of another
husband land, of Hillend, in the barony of Coldingham and sheriffdom
of Berwick ; also fourteen husband lands extending to 14 merks of
land, three " gerslandis " lying contiguous with the said lands of Law,
extending to 30/ ; 40/ of land called the Halcroft ; 20/ of land called
" Armestrangis Park ;" one cotland with two acres of land adjoining
the lands of Law, extending to 10/ of land ; threfi husband lands and a
half in the town of Coldingham extending to 46/8 of land; one cotland
in the said town of Coldingham, called ''Clinkskaillis," extending to
10/ of land ; and the half of a cotland in said town with tofts, etc., aU
in the said barony and sheriffdom, for new infeftment to the resigners
in liferent and their son and heir apparent David Hume and his heirs.
Dated at Coldingham, 2 September 1556. Signed, "Mas? Patryk
Howm of ye law wy* my hand." " Margaret Wemys w* my hand." Seals
appended, the first bearing quarterly 1st and 4th a lion rampant, 2 and S
three birds with a crescent for difference, " S. Patricii Hume ;" the
second bearing the four lions of Wemyss, legend indistinct.

22. Charter by John Cranstoun of Coi*sbie granting to his wife
Elizabeth Swinton in liferent his lands and barony of Bowne with
tower and manorplace of Corsbie, and mill of the same, with the lands
of Doddis and mill thereof in said barony, lying in the sheriffdom of
Berwick ; also all and sundry the sixteen merks of lands of " Leythheid,
Leidom, Byarno and Harlaw," in the sheriffdom of Edinburgh : To be
held blench of the granter. Dated at Corsbie, 4th September 1556.
Witnesses, George Haliburton residing in Dryburgh, Arcliibald Hali-
burton there, and others. Signed " Jhon Cranston." Seal appended,
quarterly 1st and 4th three birds (cranes?), 2 and 3 a device resembUng
four fleur-de-lys arranged crosswise. Legend imperfect.

23. Latter Will of Robert Hume of the Heuch, beginning " Be it ^'^^^'^
kend tyll all men be thir present lettres, me, Robert Howine of the —
Hewch, haiffing guid experiens dayhe of the guid handilling of my

haill leiffing and moweabill guidis l)e my deriest spous, Marione
Hepburne, now presentlye and at all tymeis bypast, and als \'nder-
standing the guid newrissing intretting and vpbrjTigin of my derrest
lauchfull soue, Robert Howme, ray apperand ayr of the Hewch, and
gottin vpone hyr, quhome God increse, and the rest of my barni^
infantis and pupillis, and siclyk the gret luff that schow beiris and dayly
hes borne sen the contracting of our mariage towart the rest of my
breth'ering, gist^ris and vtfaeris speciall my grett fryndis: And in
conaderatione of thir respectis and to gyf hyr the bettir occasione and
grettar persuasione to continew in luli'and fauoreis towarti^ me and myn
in tyme cuming in the samyn ; and weyeand the gret troubulis and
apperand daylye cummeris to appeyr and ryse mayr and mayr, and in
caise I deceise (as God sail pleis) in this present yeir of gret troubill
and scharpnes ; in that caise alanerlye, now as than and than as now
hes maid, couslitut and ordanit, lykas be the tennour heyrof solempnatlye
makis constitutis and ordanis ray said derrest spous, Marione Hepburne
foirsaid, and my said lauchfull soue, Robert Howme my apperand ayr of
the Hewch, my only executouris," giving them full power over all his
eflfects, advising the son to take advice from his mother as to choosing
curators, and giving all guidance of his children to his wife only.
Dated at the Hewch, 26 May 1568. William Hepburne, son to John
Hepburne in the Xungate (North Berwick), and others, witnesses.
Signed, " Robert Hwme of the Hewche with my hande."

2. PAPiiais relating to the Ncn>ery of Nobthberwick,
1523— 1547.

24. Lease granted by "Alison Home, be the permission of God
priorase of the Abbay of the Nunre of Northberwik," in favour of
Alexander Hume of Polwarth, and Patrick Hume his son and apparent
heir, of the parsonage of the church of Logic in the diocese of
Dunblane ; to be held with the teindsheaves, for the space of nineteen
years from Candlemas, at a yearly rent of ninety merks Scots, payable
at Candlemas and Lammas. Dated at Northberwick, 26 September
1523.

25. Papal Confirmation of grant of teinds of Logic to Alexander and
Patrick Hume. 1525.

Laurentius raiseratione diuina Episcopus Prenestini, discretis viris
Abbati Monasterii de Calco et preposito ecclesie collegiate do Dunglas
Sanctiaiidree, salutem in Domino.- Ex parte Alcxandri Hwmde Polwart et
Patricii Hwm, eius filii et heredis, laicorum Sancii Andree diocesis, nobis
oblata petitio continebat, quod priorissa et moniales monasterii monialium
de Nortberwyk, Cisterciensis ordinis dicte diocesis, vtilitate dicti earum
monasterii consulere cupientes, et ad infrascripta peragenda, in earum
capitulo vt moris est capitulariter congregate omnes et singulos fructus,
decimas garbaies, reddiius et alia emolumeuta rectorie parrochialis ecclesie
de Logy, Dumblanensis diocesis, ad eas et dictum monasterium suum
legitime spectantia et pertinentia, que dudum vt ex illarum rentali seu
libris introituum dicti monasterii apparere dicitur, pro quinquaginta
marcis monete vsualis regni Scotie locari seu arrendari consueuerant
prefatis Alexandro et Patricio eoruraque assignatis, vni vel pluribus, ad
decem et nouem aunos post festum purificationis beate Marie virginis

MAHcmtoNT ex tunc proxime futurura immediate sequentem et venientem, pro annua
„_■ firma seu responsione aut censu nonagintii marcarum similium sexdecim

libras sterlingornm vel circa constituentium eis et p|fc|empore existen-
tibus Priorisse et monialibus dicti monasterii in dici^P|)urificationis pro
vna et in Sancti Petri ad vincula pro alia medietatibus festiuitatibus,
equalibus portionibus ; necnon semel in anno viginti quatuor pariura
cirothecarum bonarum et sufficientium persoluendo ; cum omnibus
juribus, libertatibus,asiamentis, proficuis et justis pertinentiis locauerunt
et concesserunt, prout in quodam publico instrumento desuper confceto
plenius continetur. Et licet, sicut eadem subiungebat petitio locatio et
concessio seu arrendatio huiusmodi in euidentem dicti monasterii vtili-
tatem cesserint et cedant, nichilominus exponentes prefate pro illarum
firmitate maiori cuperent illis apostolice confirmationis robur impendi.
Quare supplicari fecerunt humiliter eis super hiis per sedem apostolicam
de oportuno remedio misericorditer provideri : Nos igitur auctoritate
domini pape, cuius peuitentiarie curam gerimus, et de eius speciali
mandato super hoc vive vocis oraculo nobis facto, discretioni vestre
coniunctim committimus, quatenus si vocatis vocandis et inquisita per
vos super premissis diligentius veritate locationem et concessionem seu
arrendationem hiiiiismodi in evidentem dicti monasterii vtilitatem cedere
et cessisse reppereritur, super quibus vestram conscientiam oneramus,
illas ac prout [torn] omnia et singula in dicto instrumento locationis
contenta apostolica auctoritate confirmetis et approbetis, omnesque et
singulas tarn juris quam facti defectus si qui in premissis interuenerint
suppleatig, non obstantibus felicis recordationis domini Pauli pape ij ac
aliis constitutionibus et ordinationibus apostollcis necnon monasterii
et ordinis predictorum statutis et consuetudinibus etiam jununento
confirmatione apostolica vel quavis firmitate alia roboratis ceterisque
contrariis quibuscunque. Datum Rome, apud Sanctum Petrum, sub
sigillo officii penitentiarie, iij Idus Septembris pontificatus domini
Clementis pape vij anno secundo. [11 September 1525.]

26. Lease, as before, of the parsonage and teinds of Logic by Isobel
Hume, prioress of Northberwick, in favour of Patrick Hume of
Polwarth and Patrick Hume his eon. 11th January 1541-2.

27. Another lease by the same prioress granting to her kinsman,
Alexander Hume, his heirs and assignees, the teindsheaves of Gylston,
in the parish of Largo and sheriffdom of Fife, for nineteen years.
Dated at Northberwick, 27th July 1542. [The sum of the rent is
illegible.]

28. Notarial Instrument relative to the abstraction of the common
seal of the convent of Northberwick. 1548.

In Dei nomine Amen. Per hoc presens publicum instrumentum
cunctis pateat euidenter quod anno incarnationis Dominice milesimo
quingentesimo quadragesimo octauo, die vero mensis Januarij nono,
indictione septima, pontificatusque sanctissimi in Christo patris ac
domini nostri domini Pauli diuina prouidencia pape tercii anno decimo
quinto ; In mei notarii publici et testium subscriptorum presenciis
personaliter et capitulariter congregate religiose mulieres, Domina
Isobella Howme et Elezabeth Puntone, Mariota Balye, Mariota Howme
8ub-priorissa, Elena Derlyng, Elena Schaw, Margreta Syuclair, Agnes
Ramsay, Alisona Puntone, Joneta Creychtone, Katrina Leuenton, Agnes
Gledstans, Margi'eta Crawfurd, Joneta Towris, Mariota Howme,
Margreta Donaldsone, Isobella Rantone, Margreta Vod, conuentus

monasterii de Northtberwyk lamentabiliter allegantes quod nonnulle Makchmojtt
persone clam furtive et fraudulenter abstulerunt vnam cistam conti- ^ff-

uentera infra se eorum sigillum commune dicti monasterii et capituli,
cum nonnuUis scriptis et acquitanciis, in magnum dampnum et
preiudicium dicto monasterio et conuentui ; protestantes igitur omnes
vnanimiter quod si casu alique litere, assedationes aut queuis scripte
cum predicto sigillo sigillate fuerint aut roborate affixione aut appen-
sione cum datis aut antedatis tempore ablationis sigilli, absque certa
verificatione et justa ratificatione dictarum monialium ; dicte assedationes,
litere si que fuerint, aut alique altre litere forme alicuius dicte moniales
determinant quod nuUius vigoris et efFectus eflBciant tenore cause
suprascripte, cum ceteris et singulis punctis et articulis de jure neces-
eario petentes. Supra quibus omnibus et singulis dicte moniales a
me notario publico coniunctim et diuisim petierunt vuum seu plura
publicum seu publicai nstrumentum seu instrumenta. Acta erant hec in
capitulo monasterii de Nortbtberwvk, bora vndeciraa ante meridiem, sub
anno, die, mense, pontificatu, indictione quibus supra, presentibus ibidem
honestis et circumspectis viris, Patricio Howme de Polnart, Patricio
Howrae. eius filio et apparente herede, Magistro Patricio Howme de
Quhitburne, Thoma Newtone, Dominis Cudberto Hynd, Alexandre
Patersone, Villelmo Fowler, cappellanis, Thoma Yowng, Thoma,
Planamouris, cum diuersis aliis rogatis et requisitis. [Notary's docquet
in usual form. Robert Lauder, notary.]

29. Tack or Lease by Margaret Hume, Prioress of Xorthberwick, in
favour of Alexander Hume and his assignees, of the mains of North-
berwick and the Heuch extending to thirty-six husband lands, and also
the teindsheaves of the mains of Tantallon, Glegirno, Reidside, East
Craig and Belgone, in the sheriffdom of Edinburgh and constabulary of
Haddington ; also the teind fishing of the haven of Northberwick, with
the links and greens of the lands abovenamed, for the space of five
years from this date, the mains of Northberwick, &c, at a yearly rent of
80/. Scots, and the teindsheaves, «S;c. at a yearly rent of 240 merks.
Further the granter sells and dispones to Alexander Hume " thir gudis
\'Tidir specifiit, being vpoun the landis abouewrittin pertenyng to ws as
oure Rvne propir gudis, that is to say, thre skoir foure oxin, twenty-six
ky, tuelf skoir of yowis, ten skuir yeild scheip, foure horse, tuenty
yeild nolt, sevin chalderis of quheit, sex chalderis beir, fourtene chalderis
of aitis, foure skoir boUis peis and twa chalderis of benys, and that for
certane sovmes of money payit and debursit be the said Alexander
to oure behuif and profit for the taxationis of oure said abbay and
sustenyng of the conuent therof and vphalding of the place of the samin,
extending to the soume of ane thousand poundis," the goods named
being valued at that sum. Dated at Northberwick, 22 Mav 1547.
[There are several other writs and papers relating to Northberwick
Abbey and the lands of the Heuch, but none of them are of special
historical interest.]

3. Miscellaneous Writs of the Homes of Polwarth, Ac.,
1427—1700.

30. Obligation, the Abbot of Holyrood and James Douglas of
Balvany as to rent of Ogilface payable to Ttrphichen. 1427.

Thir endenturis made in the Abbay of the Halycorse of Edinburgh,
the sextend day of the moneth of September in the yere of God
I thousand four hundreth twenty and sewyn yeris, betwix a reuereud

Maechmost fadir, Patrik throw the grace of Grod Abbot of Halyrud house and the
^^^- conuent of that ilk, on the ta part, and a nobill man James of Douglas

lord of Balwany on the tother part contenys and berris witnes, that the
sayd partis ar aeordit in forme and raaner as folowis, that is to say, that
the sayd Abbot and conuent and James sal pay the mark of annuale
auch to the house of Torpheichin out of the baronry of Ogilface ewynly
betwix thaim ; and qwhat at may be recouerit of the tenandis of the
sayd baronry to the payment of the sayd mark sal be do partit ewynli
betwix thaim, al fraud and gile away put. In witnes of the qwylk thing
the commoun sele of the chapeter of the said Abbay lo the part of thir
endenturis remaynand wyth the said James is hungyn, and to the part
remaynand wyth the sayd abbot and conuent the sayd James has gert
hynge the sele of hys arrays, day, yero and place befor wrytiu. [Seals
gone.]

3 1 . Precept by Robert, Abbot of the monastery of Kelso, for infefting
William Redpath of Grenlau, in terms of a charter, in the possession
of another half of the lands of Derington, that half which Alexander
Hume resigned. Dated at Kelso, 6th November 1478. "Witnesses,
George Gledstanes, William Gledstanes and John of Lermonth.
Abbot's seal attached in good preservation.

32. Certificate of sasine by one of the bailies of Northberwick of
lands there. 1490,

Be it keud till all men be thir present letres, me, J hon Richartson, aue
of the balyheis of the burght of Northberwic, gretyng in God evir-
lestand. Forthi it is medfull and meritabill to bere witnes to the sutht-
fastnes and namli in cans or caussis, quharthrow hiding preiudice gref
or stratht may gener hurt to the innocent, fra thin we mak it kuawn to
yhowr vniuersite be thir present wryt, fathtfulli berris witnes the xx*'
day of the monetht of Octobris, that is for to say, at the makyn of this
present wryt yhed personali at the instans of Isabell of Wederle wyth
consent and assent of Aunes of Wederle, my sister and apperand ayr to
be, to thar tenement of land Hand wythin the said burght on the north
syd, betwix a tenement of land of Robert of Lawder, on the est syd on
the ta part, and a laud of J hon of Well, on the west syd one the tother
part, and resignit the said tenement of land in the said Jhon Richartson
hand wyth erd and stane, has vse is in burght, fra the said Isabell and •
A nnes, fra ther ayris, executuris, and thar assignies, and gaf heritabill
Stat and possession to Jamis Kynge till his ayrris executuris for ewyr
mar, alseweyll in lencht has in bred, alseweyll in the four frownt excej)
all mennis all frawd and gyll away, to all quham it alferis or may affer
fathtfulli we mak this knawn be this present wryt. In wytnes of the
qwhilk thyng, I, the said Jhon Richartson haf hung to my sell the
xx*^ day of the said monetht, the yher of God racccclxxx and x yheris,
befor thir wytnes, Dauid Fressell, Thomas Fowrros, Symon Carik,
Thomas Collen, Robert Norre, Jhon Richartson, Robert Richartson,
Jhon of Benston, wrytar to the curt, and Willyhem Mor and Jhon
Jhonson, seriandis that tym, wyth other money askyt and present.

33. Commission by the Commissary General of St, Andrews to
certain notaries. 1506.

Commissarius Generalis jurisdictionis Archidiaconatus Sanctiandrea),
discretis viris Magistris Roberto Wode et Roberto Myll, notariis publicis,
uostris in hae parte commissariis, ad infrascripta coniunctim et diuisim
specialiter constitutis, salutem. De vestris discretione legalitate et
scientia plenum in Domino fiduciam habentes, vobis ex speciali intuitu

et fauore honorabilis viri Magistri Richardi Schoriswode, firniarii prefati 5Luich3coht
archidiaconatus, omnes et singulas personas vtriusque sexus nostre seu ^£^*

alterius jurisdictionis, modo sese nostre jurisdictioni in hoc casu
sabmittant, que fatentur sese in aliquibus pecuniarum victualium
summis dicto masistro Richardo astrictas et obligatas teneri, earum seu
alterius earundem consensu vel confesaione precedente, in tenninis
competentibus prout inter partes ipsas conuentum et appunctuatum
fuerit authoritate nostra monendi et actitandi, actaque et monitiones
desuper sub pena excommunicationis conscribendi ; notatis tamen
premitus die auno et mense coram fidedignis testibus, dehinc registrum
competens in debita actorum forma conficiendi et nobis ad perpetuam
rei memoriam conseruandam transmitt^ndi, nostram vigore presentium
plenariam committimus potestatem et facultatem impertimar specialem ;
presentibus tamen post annum vnum a die date presentium com putandum
minime valituris. Datum sub sigillo officii nostri apud Sanctum
Andreara, die tertio mensis Septembris, anno Domini i"^ \<^ et sexto.
[Seal impressed — a small oval, bearing the legend, " Georgeus Archi-
diaconvs Sancti Andr . ." In the upper part of the seal is a saltire
between the letters, G-. D., the initials of Gavin Dunbar who was then
Archdeacon.

34. Charter by George Quareour, son of the late John Quareour,
granting and alienating to Alexander Gordon a whole land belonging to
the late John Quareour in the burgh of the Canons of the monastery of
Holyrood near Edinburgh, the King's highway, or the " strand " on the
north and the royal place on the south, and otherwise bounded as
described ; To be held in fee and heritage from the granter, of the
Abbot and Convent of Holyrood, for the burghal rent, diets in autumn
and service of courts due and wont. Dated at the said burgh of
Cauougate, 23rd July 1520.

35. Discharge by Patrick Hepburn of Wanghton, knight, acknow-
ledging him to have received from his mothei", " Mergret Lauder lady
of VVauchtone, and Alexander Howme of Polwert, hyr liusband," the
sum of 100 merks in part payment of a sum of 400 merks for which
they are bound in the books of the official of Lothian. Dated at
Wauchton, 6th July 1524.

36. Notarial Instrument narrating that in presence of the notary
subscribing and witnesses, William Armstrong constituted Ralph Ker
his assignee and subtenant in and to his carucate of lands of Clarilau,
according to his letter of lease under the seal of Thomas [Ker], Abbot
of the monastery of Kelso, the Abbot being present and consenting.
Done in the Monastery of Kelso, Sir Andrew Turnbull, Patrick Scott,
Alexander Greyrson, Robert Gledstanes, and William Henderson,
witnesses. Thomas Waiche, notary.

37. Confirmed Testament and Inventory of the the goods of Alexander
Hume of Redbraes, beginning " Inuentarium omnium bonorum quondam
Alexandri Hume de Redebrays sibi pertinentium dum vixerat, infra
dioceses Sanctiandi'ee et Dunkeldensem, vigesimo octauo die mensis
Nouembris auno Domini raillesimo quingentesimo trigesimo secundo,
factum apud burgum de Edinburgh, coram hiis testibus, Adam Hepburn,
Roberto Yemow, Alexandro Libertoun, Alexandre Hepbume, Roberto
Anthone, Johanne Cannure et fratre Johanne Towns ordinis Pre-
dicatorum cum diuersis aliis. [The amount of goods belonging to the

Makchmont deceased within the diocese of St. Andrews was valued at £878 17/

■ Scots. The property consisted of grain, including wheat, barley and

oats, and pease, with ploughing oxen, cows, bullocks, and sheep (no
horses) on the lands of Redbraes, Kimmergharae, Trottanshaw, North-
berwick, Byrecleuch and Channaybank. The price of a boll of wheat
was 13/4, a boll of barley 10/ and of oats 6/. The boll of pease was
12/. A ploughing ox was valued at 40/. Each cow and bull 26/8.
Younger cows 20/ or If)/. A bullock was 10/, a ram 5/, a sheep 5/ or
3/ according to age. The property in the diocese of Dunkeld, on the
ground of Luffness (which was in the barony of Aberlady, belonging to
the bishops of Dunkeld), was valued much at the same rate, but the total
is not given, nor is the amount of free gear after deducting the debts
stated, so that the actual amount of property cannot be exactly com-
puted.] The debts due to the deceased are stated to be the teinds of the
parish church of Logic, leased by him to his brother George Hume,
but their yearly value is not given. The debts due by the deceased
were " In primis Ado Hepburne pro dote filie dicti Alexandri videlicet
Isobelle Hume, iiij^ merkis ; item Roberto Hoppringill de resta dotis
Katherine Hume filie sue, ij° merkis ad bonum compitum ; item episcopo
Dunkeldensi pro decimis terrarum de LuiFnes, quadraginta boUas ordei,
quadraginta boUas auenarum, decem boUas frumenti ; item Roberto
Yemow, xiiij/i. ; item Alexandro Hepburne in Haddingtoun, xiij/?. ; item
Johanni Wilson ibidem, xli. ; Item Johanni Lauder, xx/ ; item Thome
Craig, xij«. ; item Johanni Sydserf, xij*. ; item Alexandro Libertoun,
sexdecim hollas auenarum; item Johanni Cuthbertson, quatuor decem
bollas auenarum ; item Jacebo Brand, quatuor decem hollas auenarum ;
item Johanni Mare, quatuor decem bollas auenarum ; item Dauid
Alexander, sexdecim bollas auenarum; item Cristine Libertoun, xj«.
vujd. ; item Greorgeo Johneson carnifici, xls. ; item relicte quondam
Johannis Lethame, x//. ; item pro firmo domus sui habitationis infra
burgum de Edinburgh, xli. ; item "Willelmo Pacok, eciam pro firmo
domus, x]li. ; item Johanni Machane, viij//. ; item Alexandro Machane,
xij*. ; item Johanni Matheson in Brochtoun, viij/?. ; item Margarete
Hume, sorori sue, iiijZ^. ij*. ; item pro mensa et cotagio Georgii Hume,
filii sui, xli. ; item vxori Willelmi Lauder, xvs. vid. ; item Alano Mosman,
et vxori sue, xiiij/t. ; item feodis seruitorum suorum, xxlt. ; item Roberto
Dennome vj/e. v*. ; item Thome Hume cultellario, xs. ; item pro feodis
laborantium in lucratione granorum suorum anni instantia, xxxli. ; item
Georgii Wynchester ciui ciuitatis Sanctiandree, v/i. xvJ5."

The testament is as follows.

Cum nichil sit certius morte nee incertius liora mortis, hinc est quod
ego dictus Alexander Hume de Reidbrays, eger corpore, sanus ramen
mente condo testamentum meum in hunc modum. In primis do et lego
animam meam Deo omnipotenti, gloriose Virgine Marie ac omnibus
Sanctis, corpusque meum sepeliendum in ecclesia collegiata de Dunglas ;
item fabrice ecclesie metropolitane Sancti Andree, iiij</. ; item pro cera,
sudario ac aliis necessariis ac feodis presbiturorum in die mee sepulture
et translatione corporis raei de opido Edinburgh versus dictam ecclesiam
collegiatam de Dunglas, xxiiij/i. ; item vni capellano ad celebrandum
missam quotidianam pro anima mea ad spaciuro vnius anni, xli. ; item
pauperibus secundum discretionem meorum executorum distribuendas,
xli.i item fratribus minoribus xh.; item fratribus ordinis Predicantium,
xl*. ; item curato de Edinburgh, xs. ; item facio et constituo meos
executores, videlicet, Mergai'etam Lawder sponsam meam et Alexandrum
Hume filium meum, necnoD circumppectum virum Alexandrum Hume
tutorem de Wedderburne eis superiorem, vt ipsi disponent pro sivlute

anirae mee prout coram summo judice desuper respondere Toluerunt in ^^^.°"
die judicii. {Signed) Ita est Dauid Young, curatus de Edinburgh!. —

Indorsed is the confirmation given in name of James (Beaton),
Archbishop of St. Andrews, in usual form. Dated at Edinburgh, loth
March 1532-3. Only fragments remain of the seal of office which has
been impressed.

38. Deliverance by Sir Walter Ker of Cessf urd, knight, bailie principal
of the regality of Kelso, as oversman, and other arbiters, in a question
between Mr. George Ker of Nether Howden and Robert Ker in
Newhall, as to '• the mercheis betwix the landis of Cawers pertenyng to
Mr. George Ker and the Newhall pertening to Robert Ker at the partes
betwixt the Eralaw hauch and Mid hawch of the Cawers and the
Ernlaw know and the part of Mwry rig pertening Newhall." The
arbiters decided that an exchange should be made of two pieces of land,
*' that is to say, the Ernlaw hawch of the Cawers pertening to
Mr. George Ker, lyand on the eist side of the place of Newhall, as it is
mercheit be the arbitouris and owrman, sail be browkit wsit and possedit
fra thinefwTth be Robyn Ker and appropriat to his steid of Newhall as
ane part therof ; for the quhUk the sex riggis lyand on the west side of
the Mwry rig of the landis of Newhall pertening to Robert Ker, that is
to say, the sex riggis lyand betuix the carne of Mwry rig on the west
side and the small bawik on the eist side, merchit be the arbitouris and
owrman, sail be browikkit wssit and possedit fra thinefwrth be
Mr. George Ker and appropriat to his steid and lands of Cawers as ane
part and pertinance therof." Dated at Halydean, 2nd .March 1557-8, and
signed " Walter o£E Cesfurd." Witnesses, Mark Ker in Kippitlaw,
Thomas Ker his son, and others.

39. Confirmed Testament and Inventory of goods of the late John
Cranstoun of Corsbie, made at Corsbie, 3rd ]March 1507 {sic, but read
1557-8). The goods consist of ploughing oxen, valued at 4 merks each,
cows at 40/ each, bullocks at 20/ each, sheep at 7 each, oats at 10/
and barley at 14/ the boll, the whole amount, with the debts due to the
deceased, being valued at £334 18j. 8</. The terms of the testament
are very similar to that quoted in No. 37 supra. The testator leaves
his soul to God and the Virgin, and his body to be buried in his aisle of
the parish church of Legerwood (Berwickshire). He gives 20 merks to
a priest to pray for his soul in the said aisle, to the poor two bolls of
meal, and the rest of his goods he bequeaths to his two daughtera
equally between them, appointing^ as executors Elizabeth Swinton his
wife and Stephen Cranstoun his son. Confirmation given by John
(Hamilton), Archbishop of St. Andrews, at Edinburgh, 18th November
1558. Seal affixed.

40. Lease by Mary, Queen Dowager and Regent of Scotland, with
consent of Mr. Robert Richartson, "yconimus" of the Abbey of
Melrose, granting and letting to Sir Hugh Campbell of Loudon, knight,
sheriff of Ayr, his heirs &c., the fruits of the kirk of Mauchline,
parsonage and vicarage, and the teind sheaves of the eight score merk
land of Kylesmure and Barmure with the small offerings; also the
annual rents in the burghs of Ayr and Glasgow, with the rents of
the Walsched and Monkhill, the place of Mauchline, the mills of
Kylesmure, namely, Katherine mill, Dalsangane mill, Mylnbum mill,
and the corn mill and Walk mill of Hauch, also the steadings of Over
and Nether Walwood, Blairkip and Blairmalloch, and the use of the
rents &c. within the eight score merk land named belonging to the

MABcmtoNT Abbey of Melrose, at present in the Queen's hand, and to endure while
— * the Abbey is in the hands of the Crown or the " yconimus," and until
an abbot or commendator is appointed, with power to grant leases for
five years, and other privileges, to be held for a yearly rental of one
thousand merks payable quarterly. The Regent binds herself to
procure for Sir Hew a nineteen years' lease from the new Abbot, at the
same rental. Edinburgh, 1559. Signed, " Marie R."

4 1 . Discharge by Dame Jean Hay, daughter and heir of the deceased
William (sixth) Earl of Erroll, who had received a grant from the late
King James the Fifth of the ward of the lands and annual rents of the
late Patrick Hay of Urye, with the marriage of his son and heir the
deceased Alexander Hay, and of any other heir of Patrick ; wherefore
the grantor having right, as heir to her father, to the marriage of
William Hay (of Urie), also son and heir of Patrick, with consent of
her husband Andrew, Master of Erroll, discharges the said William
Hay of Urye of all her claims against him or his heirs. Dated at
Gask, 28 March 1564. Signed, " Andro, Maister off Erroll," " Jene,
Maistras of Erroll."

42. Receipt and Discharge by John Cockburn, one of the sheriff
deputes of the sheriffdom of Berwick, in favour of Patrick Hume of
Polwarth for the sum of 5/., in payment of castle wards, in name of the
king and queen. Dated at Langton, 2 October 1565.

43. Precept directed by King James the Sixth to Patrick Home,
younger, of Polwart, his servitor and bailie of the regality of Bonkill,
requiring him to pay to John Achesoun, the King's ordinary huntsman,
the sum of 100/., or so much of it as he can presently get from the
tenants of the barony of Bonkill out of their Whitsunday rents, and the
sums owing by the tenants of the Mains of Bonkill and the Laird of
Slechis houses. Holyroodhouse, 15 June 1593. Signed, *' James R."

44. Precept by Andrew Ker of Faudonside, lord of the third part of
the lordship of Dirleton, Haliburton and Hassington, and undoubted
superior of the lands underwritten, directed to Alexander Brounfield,
elder, in Hardaikers for infefting Nicolas Bruntfield now of Hardaikers
as nearest and lawful heir of his father the late Adam Bruntfield of
Hardaikers, in the lands called the East Mains of Hassington alias
Hardaikers, with tower &c. in the earldom of March and sheriffdom of
Berwick, Dated at Edinburgh, 10th April 1597. Signed, " Andrew
Ker of Fawdonsyd."

45. Agreement between Mr. Andrew Melville, Provost, Messrs. John
Johnston and Patrick Mylne, principal masters of the New College of
Saint Andrews for themselves and on behalf of the bursars and
" remanent foundit persones " in the said college, on the one part, and
Ninian McMorrane, burgess of Edinburgh, on the other part, to the
effect that Ninian shall pay to the said Provost and masters the sum of
250 merks within eight days from the date, as " gersume " for which
they shall give him a nineteen years lease of the eighth part of the
lands of Kingsbarns " quhilk pertenit to vmquhile Johue McMorrane,
his brother, and als of all and haill that vther awcht part of the saidis
landis now pertening to the said Niniane selff." Entry to beat Lammas
next and the same rent to be paid as in the former lease. At
St. Andrew's, 21 April 1599. Signed, "An. Melvile, according to the
generall, spoken be the foresaid," " M. J. Johnston," " Patrik Malvile "
(designed Patrick Mylne in the text) and " Niniane Makmoran."

46. Order by Anna of Denmark, queen of King James the Sixth, for Marcmoht
payment of wages to one of her servants, 1602. " Kegina. — Master of — '
our houshald, we greit you wele : It is our will and we command you

that vpoun the sicht heirof ye cans our seruitour, Thomas Barelay, cur
brodinstar, be ansuerit of his ordinal* allowance and leveray as eiferis
Avithin our hous, that is to say, off twa peices of meitt, four bread, ane
quart aill, halff ane pund of candill dalie in tyme cuming, and twa laidis
of coillis oulklie, as ye will ansuer to ws thairvpoun ; quhairanent thir
presentis salbe your warrand. Subscryuit "with our hand at Dumferm-
ling, the vj of November 1602. Anna R."

47. The following writ is of little importance in itself, but is
interesting because of the names of the persons referred to. It is
entitled " Articles of submission betuix Robert Logane, sone and air of
vmquhill Robert Logane of Restalrig, and ane nobill and potent Lord
Alexander, erle of Home, &c., taking burding for him, and the remunent
his brether and sisteris and thair tutoris and curatoris on that ane part,
and Marion Ker relict of the said vmquhill Robert on the other part."
The arbiters chosen were "William Amot, Jasper Home, "William
Lauder, and Robert Logane, bailie, or any three or two of them, for
Robert Logan, and Sir John Amot, treasurer depute, Gravin Home of
Johnscleuch, Mr. "William Hay of Barro, and Andrew Ker of Xewbottle,
for Marion Ker. The parties make submission and give powers to
the arbiters in the usual form, the questions in dispute not being stated.
" Subscryvit at Douglas the fyft day of August 1606, witness Schir
Andro Ker, younger, of Famyherst, Schir Patrik Home of Polwart,
Mr. Thomas Ogiluy and John Home, notar, writar heirof." Signed,
" Mareown Ker,"' " JE. Home," " Robert Logane," " Andro Ker,
vitnes." " S. P. Home, uitnes." '* Mr. Thomas Ogiluy, witness."

48. Receipt by Sir John Skene of Curriehill, as follows : — " I, Schir
John Skene of Currihill, knicht, grantis me to haif ressanit fra the
haudis of Schir Patrik Home of Polwart, knicht, the sowme of ten
pundis money, and that for his pairt of the taxatioun grantit be the
estaitis for the imprenting of the auld hiwis, be thir presentis subscryuit
with my hand at Edinburgh, the third day of Merche, the yeir of God
ane thowsand sex hundreth and nyne yeiris. S' Johne Skene, w* my
hand."

49. Certificate by (Malcolm Hamilton), Archbishop of Cashel, in
favour of George Hume of Drumkose.

At Cassiltoun the the yeir off God 1623. It is showen

to the most Reverend Father in GotI, Malcolme, by the providence off
the Almichtie Lord Archbishop off Caschell, primatt and metropolitane
of Irelaund, his Grace, Schir Johnn Dnmbar, knicht, with divers other
gentlemen off' worth and quality in the country off Fermanagh, barronie
of Machribuie and realme of Irelaund, thatt it is the will and ordinance
off the ryght honorabill lords off the counsell off Scotlaund that George
Hume of Drumkose, esquier, vncle to the Laird off Polluart, should schew
wnto thair lordschipps ane sufficient testiticatt off such dewties as the
said George Hume has performed in planting of his launds in Irelaund
according to the King his ordinance off ane thowsaund accers off laund,
and thatt for the cleiring off ane actioun whiche the said George Hume
had depending before the said lords off the counsell off Scottlaund, into
the whiche matter the foirsaid most Reverend Father in God, Malcolme,
Lord Archbischoppe off Caschell, Schir Johnne Dumbarr, knight, with
divers wthers sufficient gentlemen off the countey of Fermanagh and

Makchmont barrony off Machribuie in the realme of Irelaund, by thir presentes
■^£f" will declair the verie treuth, whiche we doe perfytlie and clearly

vnderstaund, as follows : — First we know tliatt the foirsaid George
Hume, esquier, hes planted all his thousand acceres off laund with trew
honest Scottish men off full number, thatt he hes buildit his baund and
hous and hes so manie freeholders, leaseholders, and koppeholders as
the king his Majesties will wes should be vpon such ane proportioune
and moe then he is bund to have ; and thatt he hes no Irische vpoune
anie pairt or parcell off his laund nether ever did sett them one accer
from the beginning off the plautatioune, and hes not onlie bestowed
laund vpoun his owne tenantes thatt are wnder him, bott hes geven to
every one off thame abundantlie off his owne geir bothe off kowis and
horsses, and such other thingis as they stood in need off free gratis oft
his owne iiberall mynd and gude will whiche he had to tliere standing.
So thatt in althings he hes done according to the king his ordinaunce in
all poynts bothe honestlie and nobillie to his great commendatioune ; as
also he hes payed the kings rentt verie dewly everie half yeare since
the first beginning of the plantatioune, and is noit awaund one penie
thereoff as his dischairges will schew, so thatt there are mnny men in
Iielaund thatt hes fyve thousaundaccers off laund that hes nott bestowed
so liberallie vpoun there tenants as he hes done, so that, by his liberalitie
to thame they ar all in gud estaite. So thatt this gentleman hes been
the helper off many poore ones, and his delight is alwayes, in men and
horsses, to serve the king to the gud example off others where he dwells ;
so thatt iff we should say any wtherwayes, we should speak against the
trewth and against conscience, seing al the whole countey where he is
doeth so clearly know this whiche we have spoken, thatt doeth know
this gentleman, and those presents we have subscry ved with our haunds,
day, yeir, and place foirsaid. Mai. Caschelen, Jo Dunbar, William
Cathcart of Bardarroche, Robert Weir of Tillymergy, Wil Hamiltone,
servitor to me lord Archbeshop of Cashell, James Arnott of Cartin-
doray, Jacobus Owen from Carik.

[There is also another certificate to the same effect by Sir John Dunbar,
Robert Weir of Tullymargie and Gabriel Cunningham. They certify
that George Hume "hath performed all such conditiones as was inioyned
for ane undei'taker to do for the plantatione of ane thousand aikeres of
land called the small proportione of Drumchose," that, " as men who
heth beine into the said barronye and countye sence the first tyme of the
plantatione," they declare that he has planted his lands " with honest
true Britishe men . . . and heth not retained anye Irishe upon the
saides landes, as it wes found bye ane jurye of the cuntreye in presence
of his Maiestyes commisioneres derect for that effect, and that the said
George Hoome heth beine verie oft resident in persone according to
the articles of plantatione in all poyntes." Dated at Dunbar (in Ireland),
20th May 1624.]

50. Acknowledgment by Captain Thomas Hamilton (of Preston) that
Sir William Dick of Braid, knight, delivered to him " conform to the
committee of estates thair act and order for his lands off Northberik
and Heuch, thrie troupers men and horss suflBciently armed, togidder
with the soum off threttie twa pond twa s, monyis, which was for the
first levi ; and whairfore thir presents shall be his warrand. In name
off the said committee off estates. Witness my hand at Prestoune, the
tuelf day off Julij, anno 1645 yeirs. The names of the thrie trouperis
ware James Ker, Robert Walker and George Thomesouue, all in my
troup. T. Hamiltone."

51. A petition addresseil to the Commissioners appointed for adminis-
tration of justice to the people in Scotland, by the gentlemen heritors
of the shire of Berwick, to the effect, " That wheras Mr. George Home
of Kimmergeame, one of our number, having been sent in to Edinburgh
in ApryU 1644, vdih other five gentlemen from the committee of our
shire, for arms to them out of the publict magazen, and the said other
five gentlemen and he having given band to Thomas Hamilton, then
depute to the generall of artillery, for the use of the publict in name of
our shire for the prices of the said armes, they being received be the
then Commissar of the shire and therafter ait severall times distribut
there," and that these gentlemen had been forced in 1650 to enter into
a bond for the price of the arms as for borrowed money, in consequence
of which, besides other troubles, George Hume had been imprisoned for
six weeks in the Tolbooth of Edinburgh at the instance of Alexander
Smith, holder of the bond, the petitioners beg the Commissioners to
interpose their authority to enforce payment of the expense of the arms
in the shire and so to relieve Hume. Signed by William Cokbume and
fifteen other gentlemen. Indorsed, '♦ 20th Januarij 1604."

52. Commission by John Earl of Loudoun to Sir Hugh Cnmpbell of
Cesnock and others, to deal on his l)ehalf with General Monck. " I, John
Earle of Loudoun, doe by thes presents give full pouer and commission
to Sir Hugh Campbell of Cesnok, Sir James Campbell of Lawers, and
the Laird of Gathgirth, joyutly and severally for me and on my behalf,
to treat, agree, and conclud with the Right Honourable Generall Monck,
Commander in Cheif of the forces in Scotland, for s^etling and making
of my peace and what security shall be given for my peacable deport-
ment; lykas I doe obliedge me to hold firme and stable the agreement
shall be made by my commissioners aforsaid on my behalf. In testi-
mony whereof I have siibscry ved thes presents, at Cairick, the 26th day
of February 1655, befor thes witneses, James Campbell of Clachick and
John Karr, my servant." Signed by " Loudoun " and the witnesses.

53. Certificate in favour of John Gilmour, as follows : " These are
testifyuig that John Gillmour in Polwaith hes enacted himselfe not to
carry armes against his Majestic or his authoritie conform to his
Majestie's proclamation daitted the 29th of Jully. Given v/nder our
hand att Findlastoune, the first of October, i™vj' seventie nine yeares."
Signed, " Glencairne."

54. Warrant by the Parliament for summoning witnesses in support
of a petition presented by Margaret Countess of Loudoun on behalf of
her husband, James Earl of LDudoun, who was accused of treason.
Edinburgh, 8th May 1685.

55. Obligation as to cattle taken for the army, 1696. " I, Shir
Roger Hog of Harcars, binds and oblidges me to make furthcomeing to
my Lord Polwart two geldings, on of them black with a whyt spott in
his forhead and on of them of lesser seiz with a snip down the face
and som whyt feett, and that whensoever his Lordship shall call for
them, and that vnder what penalties the law hes injoyned, which horses
wer taken some days agoe frome me by Liv* Scot by order of Shir
Thomas Livingstoun. In witness wherof I have written and
subscrivit thir presents with my hand at Harcars, the tuentie of March,
inayjc and nyntlc sex years." Signed, "Roger Hog."

56. Extract Act of the Privy Council of Scotland, narrating the
terms of a petition to them by " Isabella Countes of Morstein, marryed

7 78289. 9

TLkacmmoTS
MRS.

ItAMOMMQjn to Casimeir Prince of Czartouriskie, Duke of Clevan, of the family of

' Jagletoune in Polland, sheuing that Andrew Earle of Morstein, great

thesaurer of Polland, the petitioner's father, was marryed to T^dy
(Catharine Gordon, daughter to George Marques of Huntley, and of
his wyfe Lady Anna Campbell, sister-germane to the Marques of Argyll ;
and wheras one of the petitioneris sones and she are to obtaine a birth
breive as to their descent in Polland, but the petitioneris motheris
genalogie being only propper to be obtained under the great seall of
Scotland which is easily found of these tuo noble families of Huntley
and Argyll;" the Lords of Council direct the Chancellor, &c., to prepare
a birth brieve in favour of Lady Catharine Gordon, in terms of a former
birth brieve of 21st August 1687, and recommend the great seal to be
appended, and blazons of arms to be furnished by the heralds " to the
end the nobility of the said Isabella Countes of Morstein may appear in
forraign countreys wher she is placed." Edinburgh, 6th March 1700.

4. Papers relating to the Berwickshire families of Spens,
Wolff, and Trotter, 1514 — 1600.

57. Charter by David Spens, rector of Flisk, and of the University of
St. Andrews, granting to John Spens, student in the College of
St. Andrews, his heirs and assignees, the lands of Mariston in the
sheriffdom of Fife and constabulary of Crail ; to be held of the King in
fee and heritage for the services due and wont. Dated at St. Andrews,
20th June 1514. Thomas Spens, son and heir apparent of Thomas
Spens of Condy, and others, Avitnesses. Signed, " Dauid Spens, rector
de Flysk, and Steandf", manu ppa."

'. 58. Decree pronounced by James Earl of Morton, George Abbot of
Holyrood, Robert Abbot of Paisley, Patrick Abbot of Cambuskenneth,
Patrick, Lord Lindsay of Byres, Mr. Gavin Dunbar, Archdean of
St. Andrew's, Clerk of Register, Mr. Robert Forman, Dean of Glasgow,
Master Thomas Halkerston, Provost of Crichton, Master Patrick
Coventry, Dean of Restalrig, Sir Patrick Crichton of Cranstoun Riddell,
knight, and Mr. Adam Otterburn of Wester Hailes, Lords of Council,
in the action at the instance of John Wolf of Waldely, Elizabeth
Manderstoun, his mother, William Litster, George Grenlaw, Andrew
Sanderson, John Young, and Thomas Scott, against Peter Spens of
Hardens, James Spens and William Spens his brothers, for spoliation.
The Lords decerned the defenders to restore and deliver again *' to the
said Johnne Wolf thir gudis vnderwritin, or the pricis therof, that is to
say : In the first xxiiij oxiu, price of the pece x\s. ; five scoir of
wedderis, price of the pece vij*. ; ane quhite horse, price xl merkis ;
ane gray horse, price xxli. ; thre vther horse, price of the pece, vj/i. ;
twa saddillis, price of the pece, xx*. ; foure speris, price xxs. ; twa twa-
handit axis, price xiii*. iiijcf. ; ane goun of rowane russate lynit with
blak lambskynis, price xli. ; ane blak govne, price vj/i. : twa pair of
hoise, price xxviij*. ; ane doublate of worset, price 1*. ; ane doublat of
fustiane, price xs. ; the sovme of xiij/i. of cunzeit money; ane coit of
Franche camny, price iiij/t. ; ane cote of violet brown, price iiij merkis ,-
ane meslyn basyn, price xiiij*. ; ane gardrope, price iiijs. ; thre brasin
pottis, price ujli. ; sex new sekkis, price xviij*. ; four pair of schetis,
price xls. ; twa coveringis of beddis, price xxs, ; five siluir spvnis, price
of the pece, xviij*. ; foure pewdir platis, price xij*. ; viij pewdir dischis,
price xij*. ; five brasyn chandlaris, prio,e of the pece ourheid \s. ; ane
mart of salt beiff, price xx*. ; thre stanis of butter, price xv*. ; ten
gallouns of aile, price xiij*. iiijrf. ; thre steile bonettis, with thre grene

cappis, price sxviij*, ; thre pair of splenn'g, price xlij*. ; thre serkis, ^^]1|S*°*^

price XXX*. ; tw.i towellis, price iiij*. ; twa burdclathis, price ixs. ; twa — '

pair of but is. price xjs. ; twa pair of spurris, price ijs. ; ane hatt, aue

bonett, price xiiij*. ; four new calfit ky, price of the p©ce, xxxij*. ;

xiiij yung nolt, price of the pece, xviij*^. : and furth of Xether Waldaly

four scoir yowis, price of the pece, viis. ; five scoir weddiris, price of

the pece, viij.s. ; xxx gymniyr and dyniuontis, price of the pece, iiij*. ;

live oxin, price of the pece, xl*. ; five ky with thair calfis, price of the

pece, xxxij*. ; thre yung noit, price of the pece, xviij*. ; spulzeit and

takin be thame fra the said Johnne Wolf, furth of Pincartoun and

WaldaHe : and in likwise fra Williame Litstar, furth of Ouir Waldaly, of

twa oxin, price of the pece, xh. ; ane yung ox, price xx*. ; xxviij yowis,

price of the pece, vij*. ; xiij wetlderis, price of the pece, vi'js. ; xxiiij

gymmeris and dynmontis, price of the pece, iiij*/' Lettei"s were to be

issued to coraj^el restitution. Extract decree, signed " Gawinus

Dunbar," and dated 24th January 1516-17. A note is added, that

"The haill sovm abown writing optenyt befoir the lordis is v*^ merkis,

ij merkis, and xh/. les.''

59. Letters addressed by the official of St. Andrews, within the
archdeaconry of Lothian, to the curates of the churches of Dunbar,
Innerwick, Polwarth, or to any other chaplain, requiring them to cite
lawfully certain persons named ; to give testimony before the official in
the church of St. Giles, Edinburgh, on 30th March instant, in an
undecided action pending between Alexander Hume of Polwarth,
pursuer, and John Wolff of Waldely, defender, and that under pain of
excommunication ; also requiring them to cite John WoltF to the same
place and date. Dated at Edinburgh, 21st March 1524-25. Executions
of citations added, dated 25th and 26th March, by Thomas Jhonson,
curate of the parish of Innerwick, Alexander Ogyll, chaplain, and
George Fourhouse, chaplain.

60. Sentence of divorce pronounced by William Wawane, licentiate
in decreets, canon of Aberdeen, and official of St. Andrews, "in the
Archdeanry of Lothian, judge in a matrimonial cause pending between
Alexander Hume, son and apparent heir of Patrick Hume of Polwarth,
knight, pursuer, and Elizabeth Wardlaw, defender, decerning and
<leclaring " alias de facto et non de jure inter dictos Alexander et
Elizabet contractos ab inicio fuisse et esse nulla et invalida, ex et pro eo
quotl ante contractum dictorum sponsaliorum quidem Patricius Dunbar
de Kynhunquhar (Kilconquhar) ipsam Elizabet carnaliter cognouit,
quiquidem Alexander et Patricius inuicem attingunt in quarto et quarto
gradibns conyanguinitatis ex vna latere necnon in secundo et secundo
gradibus consanguinitatis ex alia latere, propterea dictos Alexandrum et
Elizabet abinuicem separandos fore et separarans, et quicquid alter
alteri dcderit causa dotis sen donacionis propter nuptias restituendum
fore decernimus," &c. Extract, date<l Edinburgh, 8th October 1526.
Seal wanting.

61. OfiBcial copy of Retour of Inquest held ia the court house of the
burgh of Lauder, before George Pringill of St. John's chapel, sheriff
depute of Berwick, by the following jurors, Richard Maitland of
Lethington, Robert Lauder of that Ilk, Robert Edgar of Wedderlie,
Cuthbert Cranstoun of Thirlstanemaias, John Cranstoun of " Skettis-
chebus," Thomas Cranstoun, Andrew Hume of Ninewells, George
Wedderet, Ijurgess of Lauder, William Nesbett in Paxtoun, Gilbert
"Ailleme" of Reston, William Paxtoun of Auldincraw, John W^allace

F 2

Marchmont in Chirnside, liobert Watson there, William Hume in Edingtoun, and

■ Adam Craik in Winshiels, who being sworn, declared that Richard

Spens was the nearest and lawful heir of his father, the late Eichard
Spens, in the lands of Hardens in the sheriffdom of Berwick ; and that
he was of lawful age by virtue of a decree of the late King James Fifth
and his Council ;it Edinburgh, l9th October 1542, in fjivour of the heirs
of those who were slain or wounded in the defence of the kingdom
against the English, that thej should have their ward, and other crown
casualties free, dispensing also with their minority ; that the lands
were valued at 10 merks, and were in the hands of the Queen by the
death of the late Richard Spens, who died on 10th November last by
infirmity contracted in the army of the late King. Dated 10th July
1543.

62. Copy summons in the action at the instance of John Wolff of
Waldelie, son and heir of the late Thomas Wolff" of Waldelie, son and
heir of the late John Wolff of Waldelie, and his curators, Alexander
Cokburn of that Ilk and John Lyle of Stanipeth, against Patrick
Hume of Polwarth, son and heir to the late Alexander Hume of
Polwarth, Jasper Gradeu, son and heir of the late John Graden, son
and heir of the late Alexander Graden in Langrig, and Bartilmo Spens,
successor to the late Peter Spens of Hardens, requiring them to produce
before the Lords of Council certain writs of the lands of Hardens in the
lordship of Hardens and sheriffdom of Berwick, including grants lo the
deceased Alexander Hume and Jasper Graden about loltJ, when the
lands were occupied by the late Margaret Wood, widow of the late
James Spens, Given under the signet at Edinburgh, 24th January
[1558].

63. Extract decree pronounced by John Cockbnrn (of Langton), one
of the sheriff deputes of the shire of Berwick, in an action of removing
at the instance of John Wolff of Waldelie, owner of four husband lands
of Hardens-under the-burn, in said shire, requiring Richard Spens, son
and heir of the late Bartilmo Spens in Chirnside, Ellen Hume, his
mother, and Alexander Spens his tutor and curator, to remove them-
selves from these lands. The defenders were cited but did not appear,
and they were found guilty of violent occupation and ordered to
remove. Done in the sheriff court of Berwick, held at Langton, 4th July
1560.

64. Notary's copy of a contract between Thomas Trotter in Nether-
hall of Sisterpeth, and Thomas Trotter, his son and apparent heir, on
the one part, and John Trotter in Fogo, for himself and his daughter
Nicholas Trotter, on the other part, to the effect that Thomas Trotter,
younger, shall marry the said Nicolas witliin twenty days, and shall
infeft her in his lands of Flourishwalls within 24 hours after he gets
possession, with other provisions relating to Craks Croft, Sisterpeth
mill, &c. The dowry given was 320 merks. Dated at Thirlstane (in
Lauderdale), 20th November 1564.

65. Extract decree of the Lords of Council, regarding the term
assigned by them to Mr. John Spens of Condie and Mr. Robert
Crichton of Eliok, advocates, also to Richard Spens, son and heir of the
late Bartilmo Spens of Chirnside-mains, who had received a gift from
King James the Fifth of the non-entry and other duties of the lands of
Hardens, in the King's hands by reduction of the process apprising the
same from the late Peter Spens, father of the laf-e Bartilmo ; also >o

Alexandei- Spens, tutor of Ricliard ; against Beatrix Lyle, widow of the M^™*''''
late Thomas Wolff of Waldelie, conjunct fiar of the lands, and John — '

Wolff their son au«l appjtreiit heir, for proving the yearly value and
rental of '•all and haill four pund land and ane aueht part and ane half
auchten part of ane half pund land of the 5aid ten pund land of
Hardanie." for forty years preceding 22nd December 1566. The lords
liquidated the yearly rental of each pound land at six merks yearly for
the forty years. Dated at Edinburgh, 21st March 1566-67.

66. Notarial Instrument narrating that Richard Spens of Hardens,
with consent of Alexander Spens in Chirnside, his fathers brother and
his curator, on the one part, and Jasper Gmden in the Crais and
Elizabeth Brownfield, relict of the hte Jasper Graden of Lanrigg, for
themselves, and for John Graden, son and heir of the deceased Jasper,
on the other part, all agree that the sum of 80 merks Scots, with the
lease by the said Richard to the said John and Jasper for nineteen
years of the lands of Cotrig in the parish of Greenlaw and shire of
Berwick, shall be consigned in the hands of ifohn Hume, brother-
gernian to David Hume of Ninewells, for redemption of the lands of
Cotrig from the Gratlens. Dated at Langton, 19th February 1573-74.
Witaesses, David Home of Xinewells, .John Brownfield in Tenandrie,
and Stephen Brownfield in Whiteside.

67. Copy of Xarration by James Cockburu of Langton, knight,
sheriff of Berwick, of proceedings relating to the apprising of the four
pound lands, »S:c., describeil in Xo. 65 supra. Inter alia, he states that
a jury was cited oa 21st April 1573, for apprising the lands, whose
names were Alexander Haitlie of Lamden, Thomas Ramsay of Wylie-
cleuch, James Cockburn, Chouslie, John Haitlie of Brownhills, William
Craw in Swinton, James Craw in Swynwood, Roljert Anderson in
Kello, Alexander Home in Coldingharae, Thomas Gray in Haymont,
Adam Brownfield of Hardaikers, Robert Huldie in Aytoun, John
Cockburn in (illegible), Arthur Manderstouu in Duns, William Trotter
in Ryislaw, and Simon Dalgleish in Ramrig. The jury postponed their
decision. On 13th April 1575, the same jurors were cite<l and met,
except Thomas Gray in Haymont, deceased, in whose place was chosen
John Gray in Haymont, and William Trotter in Ryislaw, for whom was
chosen George Haitlie in Hordlaw. The jury held that at the rate of
six merks for each pound land, the value of the rents for the forty years
of non-entry was 982 merks 6/8. The sheriff then offered the lands for
that sum to John Wolf of Waldelie and Beatrix Lyle, and as they and
others did not buy, he assigned the lands to Richard Spens. Date^l
Edinburgh, 8th July 1575.

68. Agreement between Thomas Trotter of the Xetherhall of Sister-
peth on the one part, and .James Trotter in Fogo, brother-gerraan and
heir of the late John Trotter, on the other part, for fulfilling a contract
between Thomas Trotter, with consent of the late Marion Choiswood,
his spouse, and the late John Trotter, as to the lands of Flourishwalls
in the shire of Berwick. At Langtoun, 20th March 1.596-97.

69. Copy letters under the signet of King James the Sixth requiring
Patrick Hume of Polwaith, as principal. Sir George Hume of Spott,
Alexander Hamilton of Innerwick, and Robert Swyntou of that Ilk, his
cautioners, to pay to Thomas Wolff of Waldelie the sum cf 3,000 merks,
as contained in a disposition by Wolff in favour of Patrick Hume and
Julian Ker his wife in conjunct fee, of the lands of Hardens, dated 18th
and 19th December 1598. Letters dated 11th June 1600.

Maechmont 5. Discharges and other Writs by Abbots and Coaimendatoks and
^^" other Ecclesiastics shortly before and after the Refohmation,

1524—1643.

70. Tack by Thomas Ker, Abbot of Kelso, of the teind sheaves of
Merdeyne (Moordean), 10 November 1524.

Be it kend till all men be thir present letteris, ws, Thomas, Abbot
of Kelso, to [have] set and lattyng, and be thir present letterres, settis
and lattis to our broder, Rawf Ker, his wyff and barnis, all and haill
our teyndi?chewyffis of the landis of the Ester Merdeyne, quhilk Dauid
Ormistoun hes, for all the dayis of our lyfF, and grantis ws content and
paiit of the said teindis indurand the tyme of our lyff ; for tlie quhilk he
hes gyffyn tyll our dispocioun all the Brwmyis excepand Medilmestis
landis. In witnis heroff we haf subscriuit this wytht our hand and
wnder our sygnet at Kelso, the ten day of Nouember the yeii e of God
mv<'xxiiij yen's, befor thir witnes, Master George Ker, Prowest of
Dunglas, Master Richart Richartsoun, Master Richart Ker, wytht other
diuerse. — Thomas, Abbot oif Kelsoo. [Fragment of seal defaced.]

71. Monition by George [Crichton], Bishop of Dunkeld, directed
to the curate of the parochial church of Dow (Dull in Perthshire),
directing him, in virtue of holy obedience and under pain of suspension
a divinis, to Avarn and charge all the parishioners, husbandmen, and
inhabitants of Dow, from whom teinds, fruits, &c., were wont to be
uplifted, henceforth and in future ' to pay their teinds, fruits, rents,
obventions, emoluments, and glebes pertaining to the vicarage of Dow
to a religious father and lord, John Wynram, sub-prior of the priory of
St. Andrews, as true and undoubted vicar of the said parish church
of Dow, under pain of the major excommunication ; and forbidding all
persons, save the said John Wynram, his factors, or persons haying
commissions from him, to meddle with the said teinds; and, after the
third and canonical monition, to denounce the disobeyers as excom-
municated in the said parish church, whenever the greater multitude
were assembled to hear divine worship, and not to cease till further
commands should be given by the bishop. Given under seal of office
at Edinburght, 2.5 June 1539. [Seal affixed, but almost entirely
defaced.] A certification is added by Schir David Myllar, curate of
Dow, that on the 9 July he warned the parishioners according to the
tenor of the above precept. Witnesses, Thomas Stewart of Gartwle
[Grandtully], Gregor Dugalsoun, and others, [After the Reformation,
John Wynram, in whose favour the above monition is granted, became
Superintendent of Fife, being one of the five Superintendents under
whom Scotland was divided.]

72. Contemporary extract ft-oni tlie books of the Commissaries of
Kelso by William Ormistoun, scribe, bearing that on the 11 July
1550, James Hoppryngyll (or Pringle) in Howdene, and Adam
Palmar in Kelso, of their own proper confessions, were admonished,
under the pain of excommunication, to pay to Mr. George Ker, in
Cauers, and his heirs, the sum of £40 Scots for the teind sheaves of
Howdene, in the parish of Maxwell, of the years foresaid at certain
terms assigned, the last payment of £20 to be made at Martinmas
1561 ; they shall also give to the said George Ker, with favour and
" kyndnes," the teind sheaves of the "steding" of Howdene; and
Hoppryngyll is further admonished to relieve Adam Palmar from the
foresaid sum. Done in the Chapter-house of the Monastery of Kelso.

Witnesses, John Schaw of Sawchy, William Ormistoun of Meirdein, and MiiBcxjcDirr
Schir John Hoppoland, Priest, Vicar of Maxwell. ^^

73. Receipt by Adam Chatto, sub-prior of Kelso, for the teinds of
Wodheid, and relaxation of Alexander Hume, younger, from the
sentence of excommunication.

At Kelso, the vij° day of Junij in the yeir of God i™vp fifty-twa
yeiris, we, Suppriour of Kelso, grantis ws to haue ressauit fra Gijorge
Storye, in name and behalf of Patrik Hwme of Polwart, for the
teyndis of the Wodheid, to gud compt of the yeiris of God i°'v<=xliij and
xliiij yeiris sext lib of gud and vsual monye of Scotland, wythout
preiudice of my lord commendatour, his doaris and chalraerlannis for
the tyme. In witnes hereof we have subscrivit this acquitans wytht our
hand at Kelso day and yeir abone exprimit, before thir witnes, Riche
Fynlay, Johnne Kyug, and Schir Alexander Gybsouu, prebt, wytht
vtheoris diuers. Den Adam Chatto, Supp""or of Kelso.

Domine curate de Polwart, salutem. Tenore presentium commit-
timus vobis potestatem absoluendi in forma ecclesie Alexandrum
Hwme, iuniorem, et Jacobum Hasty, a sententia excommunicationis
quam alias incurrebant ad instantiam Domini Jacobi commendatarii
de Kelso et Melros propter non solutionera summe vjlib. ad bonum
compotum pro decimis de Wodheid de annis Domini, &c., xliij et xliiij
et hoc simpliciter. Datum apud Kelso, die vij° mensis Junij, sub
nostra subscriptione manuali anno Domini, &c,, Ivij. Den Adam Chatto,
Supp'"or of Kelso.

74. Discharge by Sir Thomas Hutson, ]*rebendar of Dunglas, to
" Patrik Hvme, of Pollert, yonger," of the sum of xls. Scots for the
lands and p«rtiuents of the Channonbank for the Martinmas term of
the year of God one thousand v<=lxviij, *' in compleit pavment of all
yeiris and termes bypast on to this hour." Witnesses, Sir Wilyem
Colvin, I'atrik Hutsoun, Gespard Colling, and others. Signed,
" Syr Thomas Howtson w» hand." Dated 20th December 1568.

75. Assignation of the third of the Priorio of Sanctandrois.
Third of the money thairof, vij<=xlv7». xix*. iiijef., 3d.

Tak.

The kirk of Migbie and Tarlano, Ix/i.

The kirk of Dull, in AthoU, Ixxxxiij/i. vj*. viiijt^.

The kirk of Fowllis, in Gowrie, xl/i.

The kirk of Lythgw, ij'=xlvj/i. xiij*. iiijrf.

The teindis of Westir Binning, x/».

[The] small teindis of Lythgw, [torn].

The teindis of Prestoun, x/i.

The teindis of Hadingtoun, ij"'lxvj/i. xiij«. iiij(/.

The teindis of Clerkingtoun, vj/i, xiiij*. iiijrf.

And out of the annuellis of the toun of Lvthgw, xij«. viijrf.

Eque, eque, eque.

Quheit.
Third of the quheit, xij chalders, xj bollis, j lirlotis, 3 part pect.

Tak.
Out of the kirk of Lucheris, viij cti. vj t>.
Out of the kirk of Forgund, in Fyiff, x b.

Tak the rest out of the kirk of Sanct Androis gevand yeirlie,
vi ch. X b. ij fr**.

MiiBCHMOMT Beir

— Third of the beir^ xliiij cii. ij t>. j fr'«, half p^t^ 3 part p.

Tak.

The beir of Sanct Androis kirk for xxvij ch. viij b. 1 Ir'^.
And the beir of the kirkis of Lucheris, xxiij cti. ij fri* ; Gifin,
vij cti. iij b. 1 fr»% ij pct, 2 part hal[f ] p^t.

Meill.
Third of the meill, xxxviij cfe. j b., 3 part p"*.

Tak.

The kirk of Lauthrisk for xx eh. j b.

The kirk of Markinsche for xxv ch. ij b; Gifin, vj ch. xv b. iij fr",
iij p<^', 2 part p<=*.

Aittis.
Third of the aittis, 1 cli. viij b. iij fr% half pect and 3 part half pect.

Tak thir Aittis.

Out of the kirk of Sanct Androis, payand yeirlie, Iviij ch. j fr'*, ij p"*;
Gifin, vij cfe. vij b. ij fr", j pct, 3 part half p"'.

Peis and Benis.
Third of the peis and benis, j cti. ij b. j fr", j p^^, 3 part p°*.

Tak.

Out of Sanct Androis Kirk, gevand iij cti. iij b. Omittit, canis, caponis
and all vther dewteis.

[The above account of the Thirds of St. Andrew's Priory is
contained in a fragment of one leaf and a half, with the word
" Assumsione " written on the margin. The date must be set down as
between 1560 and 1600. The writ is in the handwriting of that
period.]

76. Discharge by John Frost, Prebendary of " Strayfontania," to
Patrick Home, of Reidbrayis, of the sum of 40s Scots, being the dues
of the prebendary, " aught be him as for the male of the Channonbank
occupyiit be the said Patrik," for the term of last Martinmas. Dated
1574. Signed by "Agnes Lade Howm." [Strayfontanis, otherwise
Three Fountains, was a small nunnery situated among the Lammermoors.
It is said to have been founded by King David I.]

77. Four Discharges by " Master Willzem Schaw," Provost of
Abernethy.

(1.) I, Master Willzem Schaw, Provest of Abernethe, grantis
me to have resawid fra Georde Story for the tend scheves of the
Wodheid to cownt and raknyng vli. vsuall mony of Schotland ; of the
quhilk some I had me weil content, and paid and dischargis and quhit
clemes the said George of the said some for nowe and for ever, by this
my aqueitence subscrivid wytht my hand at Grynlaw the xxix day of
Marche. Mais? Wa) Schaw, pvest of Abirny*thy. [No date, circa
1560.]

(2.) Discharge to George Story, in name and behalf of "Patrik
Howm of Ridbrayis," for 23 merks in part payment of teind silver as

contained in another acquittance agreed upon at Greenlaw of all terms Mabchmovt
bygone, : viz., of the years lix, Ix, Ixj, Ixij, Ixiij, and Ixiiij, Dated at *^

Greiulaw, 2 September 1565.

(3.) Dischanie for £25 Scots for five years teinds of the lands of
Wotlheid to the said George Story for the laird of Redbraes, Dated
at Hardanes, 2i May 1570.

(4.) Discharge to Robert Ankrum for £5 Scot^ for the teind sheaves
of the lands of Wodheidis foi- the crop 1574. Hardens, 25 January
1574 [5]. [All the discharges are signed as above.]

78. Three Discharges by John Baillie (neural son of Master Bernard
Baillie. Parson of Lamington) to the Laird of Polwarth.

First. — Of the sum of £20 Scots for Whitsunday 1569 for a yearly
pension which Baillie had obtainetl against him by decree. 10 June
[1569J.

Second. — Of £35 Scots in complete payment of the pension for all
terms preceding, but not including Martinmas 1574 At Redbraes,
18 .January 1574[5].

Third.— For £20 Scots of pension. Dated Redbraes, 10 May 1578.

79. Discharge by Alexander [Colville], Commendator of Culross,
'* economus " and administrator to .James [Douglas], Commendator of
Melrose, and John Douglas, Chamberlain of Melrose, to George
Campbell of Cessnok, for 800 merks Scots as the composition and
complete payment of grassum and entry of an infeftment of feufarm to
be made by the Commendator of Melrose and his co-adjutor of the 40s.
land in Quhythauch, 18s land of Over Auchmilling, 10s land in
Auchinmouoche called Craftheid, 30s land of Auchinbrane, the 30s
land of Barboith, and other lands in the lordship of Kylismure and
sheriffdom of Ayr, extending in all to a £7 and 4 penny worth of
land of old extent, paying the maills and duties used and wont with
vJ5. viijrf. of augmentation ; the infeftment to be delivered to the
grantee with all diligence. Edinburgh, March 1584, Witnesses,
William Cwnyngharae of Capringtoun, Mongo Mure of Hallowit
Chapell, and George Campbell, servitor to the Laird of Capringtoun.
Signed, " Alex', Commendator of Culros, w« my hand," " Jo°* Dowglas,
Chalmerlane off Melrois, w* my hand."

SO. Two Discharges by Alexander Fargy, Minister of the Kirk of

Logic (near Stirling).

(1.) To " Patrik Hovme oft* Polwart, yongar," of the sum of
£18 Scots in complete payment of the sura due him for serving the
said kirk and for the crop and year of God 1576, referring also to
another acquittance Fargy had given to Andro Hovme, Chamberlain of
North Berwick, of the sum of £51 6*. 8</. Scots in complete payment
of the stipend appointed to be paid to him. At Stirling, 4 December
1577. Signed, " Alexander Fargy, mis? of Logy, w* my hand."

(2.) Discharge by the same to Patrick Hume of Polwarth, tacksman
of the teind sheaves of Ix)gy, of the sum of £51 6^. 8d. in complete
payment of his whole stipend out of the thirds of North Berwick for the
crop au«l year of God 1591, acquitting Patrick Hume as tacksman and
Dame Margaret Hume, prioress, and Alexander Hume, goodman of
North Berwick, for all vears preceding the date hereof. Stirling,
20 February 1.591[2].

81. Discharge by Robert Douglas, Provoet of the College of Lincluden,
2 May 1593.

Be it kend till all men be thir present letteres, me, Maister Robert

MAjKiHuoNT Douglas, prouest of Lincluden, coUectour generall to our souerane lord,
_' and donatour to his Maiestie, in and to the escheit guidis of Williame

erle of Angus, &c., at his Hienes desyre, to half exonerit and dischargit
be thir presenti.s Patrlk Hume, younger, of Polwart, of all his intro-
missioun with onie pairt of the said erle's cornis. cattell, guidis or geir,
in sa far as I haif richt therto as donatour to the said escheit be thir
presentis, Subscryuit with ray hand at Edinburgh, the secund day of
May the yeir of God i^v^Ixxxxiij yeiris, befoir thir witnessis, James
Lord Lyndsay, Dawid Seton of Parbrothe, controlar. Lynclouden.

82. Two Discharges by Mr. Thomas Ogilvie, Provost of the Collegiate
Church of Dunglas.

(1.) To the Laird of Redbrays for 11/. as payment of the bygone
maills of the " Schanabank " since his entry in 1588. Dated at Dunglas,
9 March 1595 [6].

(2.) To Sir Patrick Home of Polwai t, knight, for all terras bygone
since the decease of his father, Patiick Home, who deceased in the
month of May 1599, for the lands of Kemmerghame raains and Bow-
shell, for the " minut viccaragos and small tendis of the samin."
30 Septeraber 1605.

83. Precept of Sasine by Andrew Ker of Fawdounsyde, lord of the
third part of the Lordship of Dirletoun, Haliburtoun, and Hassingtoun,
and superior of the third part of the lands underwritten. Whereby in
virtue of a precept from Chancery directed to him, bearing that an
inquest held before Adam Cokburne, sheriff depute of Berwick, had
found that the late Adam Bruntfeild of Hardaikeris, father of Nicolas
Bruntfeild, now of Hardaikeris, died last vested in the lands called the
East Mains of Hassingtoun, alias Hardaikeris, with tower and manor-
place of the same, the said Andrew Ker charges Alexander and Andrew
Brounfeild in Hardaikeris to give sasine to the said Nicolas of the said
lands of Hardaikeris. Dated at Edinburgh, 10 April 1597. Witnesses,
Mr. William Knox in Edinburgh, and ISIr. James Knox there. Signed,
" Andro Ker of Favdounsyd." " Mr. Wm. Knox, witnes," " Mr. James
Knox, witness." [Andrew Ker of Fawdounside was the second husband
of Dame Margaret Stewart, widow of John Knox, the Reformer.
Mr. William Knox was son of William Knox, minister of Cockpen, and
succeeded his father in the charge. Mr. James Knox, his brother, was
a regent in the University of Edinburgh, and afterwards minister at
Kelso. A third brother John became minister of Melrose. All the
three were grand-nephews of John Knox, the Reformer.]

84. Discharges by Alexander Hume, Minister at Logie.

(1.) " I, Alexander Hume, minister at Lognie, grantis me to have
receiued from Patrik Hurae of Polward, ray father, the some of lviij/i6.
money in compleit payment of my yeirlie stipend of the crope and yeir of
God i™v*' fourscoir auchten ; quhairof I hald me weill satisfied and payed,
and dischargis my said father thairof as of allvther yeiris preceiding the
dait heirof, be this ray acquittance written and subscryued with my
hand at Lognie, the ix day of Merche 1598. Alex"" Hurae, preicher at
Lognie." [Alexander Hurae was the second son of Patrick Hurae of
Polwarth, and was minister of the parish of Logie from 1597 till his
death in 1609. He was author of various poems, among others a
volume of " Hymes or Sacred Songs wherein the rigiit use of Poesie
may be espied," Edinburgh 1599, which was reprinted for the
Bamnatyne Club in 1832. His poem of " The Day Estival " was

reprinted in Leyden's Scottish Descriptive Poems. He was also the ^*^^^^"-^
author of various works in prose.] —

(2.) Precept by Alexander Hume, minister at Logie, acknowledging
that he had received from John Stirling the sum of £58 for the duty
of the tack of the teind sheaves of Logie assigned to him in stipend,
£6 for the price of two bolls of meal and 50 merks money in name of
pension according to a precept by Patrick Home of Pohvarth. tacksman
of the teinds, discharging the said John Stirling thereof and the said
" Patrik my brother." StirUng, 26 March 1600. Witnesses, ''James
Alexander, tutour of Menstrie," and others. Signed, Alex' Hume.
Minister at Logie.

(3.) " Monsieur, please you give directions to deliver so much money
as will furnish iij gallons of wine to the communion at our kirk, which
is delayed vpon the same occasion. The summe extendethto xiij/i6. iiij*.,
for the wine is here at xj*. the pynt. This hoping ye will do with
expeditioun according to custome, I commite you, your bedfallow and
familie, to the protection of God; At Stirling, the xiij of Maij 1609.
Yours dueti fully, Alex' Hume.

" To the Right Honorabill Sir Patrik Hume of Polwart."

Indorsed, " Logy, from Alex"" for communion wine, 1609."

85. Testament and Latter Will of Mr. Alexander Home, Minister at
Logie, iu the shire of Stirling, who decease«l in the month of December
1609; given up by himself at Edinburgh, 8 August 1609, before George
Home, his brother-german, Jnd other witne3.ses. Among his goods are
'• tua ky withe their followaris, pryce of the pece, xxlib inde xMib.
Item, ane yeld kow without ane foUowar, estimat to xxiiij mark," . . .
of '• cunziet " gold and silver in his own hands, 700 merks ; books
estimated to 326lib I3s 4d. " Item, ane ring of gold with ana saiffer
(sapphire) stane estimat to vij crounis, pryce of the crovne iiij//6.
indexxviij//6 ;" also a ring of raised work, vj/i6 ; a figure of gold of au
ounce weight, xllib. The sum of the inventory amounted to 700/. No
debts Avere owing by the dead, but among his debtors were Patrick
Drummond of Currinachter for 300 merks of annual for the last Whit-
sunday's term : " my Lord of Dryburgh " for his stipend of the crop
1608, £6 13*. 4d. ; the Lady Polwarth and other executors of the Laird
of Polwarth for 70 merks. '' Item, be the next intmit in his place to
his wyf and bairnis four scoir punds quhilk he debursit vpon the manss,
quhilk is allowit to him be the brethren of the prisbittrie. Item, mair
be Robert Seytoun, wickar of Logie, xlib." The sum of the debts due
to him extends to £355 6s 8d. In his latter will he constitutes his
wife, Marioun Duncansone, and children, Diua, Naomi, and Caleb Home,
his only executors ; his goods to be employed upon profit to them at
the sight of William Alexander of Menstrie (afterwards first Earl of
Stirling), Mr. Ninian Drummond, preacher at Dunblane, John Scherar,
burgess, and one of the bailies of Stirling, to whom he commits the
government of his " wife and bairnis," by their good counsel ; in case his
?aid spouse deceased or married again, the commodity of his goods
and gear to redound to eveiy one of them pro rata : he nominates
Marion Duncanson, his spouse, to be tutrix testameutar to his children,
and in case of her decease or marriage, the said William Alexander and
the others successively are to take the charge. " Item as to my buikis.
I ordane tharae to be siehtit and ane inventar maid of thame and comprisit
by my faithfull brother, Mr. John Grillaspie, minister at Alwethe, the
said Mr. Ninian Drummond, and Mr. William Stirling, minister at the
Port [of Menteith], or ony twa of thaime, prouyding alwayis tiiat nane
of thame l>e lent furth vpon quhatsumenir promeis as they will answer

J^'LiiiOHMOKT to God ; bot that thay be put in numerat money and employit to the
— ■ Weill and vse of my saids wyf and bairnis." To his daughter Dina

Home he leaves a sapphire set in gold valued at seven crowns ; to
Jonet Home, Lady Law, his sister, a piece " of gold of aue wncouthe
cunzie," in remembrance of his good affection and he commits to her
the upbringing and custody of his daughter Dina, " in cais sche can not
be better with hir awin mother as the speiches war betuix me and
hir," and when she received Dina, she was also to receive her portion.
To his "gossope" »lohu Scherar he bequeathed a ring of gold of
raised work " about ane angell wecht " in remembrance of his special
love. 'J'o Maiioun Dnncanson, his spouse, he left a great signet of
an ounce weight of gold in remembrance of his love. *' Item,
I leve to the richt honorabill the gudman of Menstrie that buik callit
* Cornelius Agreippa ' quhilk he hes of myne." To John Gillaspie,
such one of his books as he should choose, and the same to Mr. Ninian.
To his brother, the goodman of North Berwick, he leaves a piece of gold
of strange "cunzie," in token of his good remembrance, and hope that
he will be ane father to my childrein." To his brother George a piece
of gold of an " uncouthe cunzie," in token of his love, with a piece of
silver that " was ray father's taiken," and hope that he will be " ane
brother and father" to his wife and children. He ordains the obligation
which he caused his daughter, the goodwife of Chesters, to subscribe
before her marriage to be cancelled, the cancellation thereof to be her
legacy. " I ordain the luit quhilk I haif in possessioun of the guidwyf
of Menstrie be restorit to her againe, and the vthir rausicall instrument
quhilk I ressauit in legacie of wmquhile Dauid Balfour of Powhous,
and 1 leif it to his eldest sone my belouit freind, and the wther musicall
instrument quhilk I haif, that Mr. Andro Young, minister of Dunblane,
gif it to quhome he pleissis." He leaves his love and Christian affection
and blessing " to the maist noble lady, Dame Marie Stewart, Countes
of Mar. and to the eldir Lady Elizabeth Melvil, Ladifi Comrie." He
leaves his love and hearty affection to Mr. John Gillaspie, Mr. Ninian
Drummond, and other brethren in the ministry " and all that lowis the
Lord Jessus Cryst " ; also to all his friends and kinsmen, whom he
exhorts to be religious and true dealers. His will is subscribed " AK
Hume, minister of Logic, w*^^ my hand," and is witnessed by George
Home and others. The testament is confirmed by Robert Murray,
commissary of Stirling, having power from George, bishop of Dunblane,
to confirm testaments. At Stirling, 12 June 1610 ; and the testator's
wife and children are confirmed as executors.

86. Five Discharges by David Lindsay, Bishop of Ross.

(1.) By Mr. David Lindesay, minister at Leith, to Ninian Makmoran,
merchant and burgess of Edinburgh, tacksman of a quarter of the teind
sheaves of the Kingisbarnis, pertaining to John Makmoran, acknow-
ledging receipt of eight bolls beir and eight bolls meal for the lands
occupied by William and David Lyell, and the same for the lands
occupied by David Farmourar, for the crop 1599. Edinburgh, 12 March
1599 (1600), signed "Dauid Lyndesay, w' my hand."

(2.) By Mr. David Lindesay, Bishop of Ross, to Ninian Makmoran,
burgess of Edinburgh, for 24 bolls beir and 24 bolls meal, for the teinds
of Kingsbaruife occupied by the said Ninian and others. Leith, 6 April
1602. Witnessed by Mr. David Lindesay, his son. Signed, " David
Lindesay."

(3.) Discharge by Mr. David Lindesay, Bishop of Ross and pensioner
of the teinds of the Kingsbernis in Fife, to Ninian Makmoran, merchant
burgess of Edinburgh, acknowledging receipt of the price of ',i6 bolls
victual, half beir, half meal, for the duty of the teind sheaves of that

part of tlie Kingsbarnis which pertdins heritably to the said Xiaian, and Kaacamost
to Niiiian Makmoran, youno;er, his brother's son, of the crop of 1603; ^^"

also disponing to the said Niniau iOi bolls victual for the teind sheaves
of that part of Kingsbarnis occupied by (blank) for the same year.
Edinburgh, 14 February 1604. Signed, " Dauid Lyndesay." Kouller-
toun, fiar of Kynnabir is a witness.

(4.) By Mr. David Lyndesay, Bishop of Ross, to the same for 36
bolls beir and meal for the teinds of the lands of Kingisbyrnis pertaining
to the • Bishop for 1608. Edinburgh, 8 February 1609. Signed,
" Ross."

(5.) By Mr. Jeremie Lindsay in Leith, in name of his ''faider, Mr.
David Lindsay, Bischop of Ross,'" to David Gourlay in Leith for the sum
of £106 13s 4d at command of Ninian Makmoran, merchant, burgess
of Edinburgh, for the teind victual of that part of the Kingsbarnis
occupied by David Ferrnorer, of which the said Xinian was tacksman.
Leith, 19 June (no year). Signed, "Jeremie Lindsay."' [The Mr.
David Lindsay here named was chaplain to King James Xi. on his
voyage to Denmark, and performed the ceremony of marriage between
the King and Princess Anna of that country.]

87. Three Discharges by Robert Lonl Lindsay and John Lord
Lindsay.

(1.) By Robert Lord Lindsay, principal tacksman of the toind .'sheaveji
and other teinds of the parish of Caraile (Crail), to Xinian Makmoran,
younger, portioner of Kingisbarnes of £24 as for the price of 4 bolls
wheat due yearly, and half a boll due by George Makmoran, his brother,
with £3 for the small teinds for the crop 1610. Cowper (Cupai-), 4 April
1611. Signed, '= R. Lyndesay."

(2.) Another discharge by the same to the same for the crop 1612.
At Caimie, 26 January 1613.

(3.) By Norman Lindsay, Chamberlain to John Lord Lyndsay, to the
same Ninian Macmoran for the crop 1625. Kingbairnes, 15 Mav
1626.

88. Certificates by ministers and elders in various parishes as
required by law reporting the number of men between sixty and sixteen
fit for military service.

(1.) By the ministers and elders of the Kirk Session of Ayr having
taken trial according to the communion rolls and best information of the
elders finding the number of men within the burgh and parish of Avr
between sixty and sixteen, blind and lame only exceptetl, to be 392, of
whom there were at sea 6*?, " and of men from Ireland twentie four."
Signed, T. Fergushill (minister of the first charge), and William Adair
(minister of the second charge). No date, but cii-ca 1643.

(2.) A similar Return by the minister, elders, and deacons of the
Church Session of St. Qui vox, certifying the number of men between 16
and 60 to be 66, *' fyve millers and thretteine coillyears." Signed
W, Fullarton (minister) and by the Session (circa 1643).

(3.) A similar Return for the parish of Barnweill containing the names
which amount to 62. Signed by R. Wallace (minister), and Session.
Circa 1643.

(4.) A similar Return for the parish of Muirkirk with the names of
persons, finding the number to be 145. Dated at Muirkirk the 9th
October 1643, and attested by Mr. Johnne Reid, minister at Muirkirk,
WilUam Campbell of Glaisnok, Hew Campbell of Middill Welwod,
Mungo Farquhar of Lishaw, Charles Duncan of Garpoll, and others.

^*MSS *^^^ t). Miscellaneous Records, Journals, Heraldic Manuscript, and
-— ' other Writs relating to the Homes op Polwarth.

89. Session Book of the parish of Polwarth bearing the following
inscription: — "This book wes bestowed vpon the Session of Polwarth
by Dame Christian Hamilton, Lady of Polwarth, in anno 1652."
[Christian Hamilton, Lady Polwarth, Avas the mother of Sir Patrick
Home, first Earl of Marchmont.] A few of the entries in this book
may be given as specimens of similar Kirk Session Records of the
period : —

" Annus subjugationis. At Polwarth, February 1, 1652. Preached
Mr. David Robertson, having entred to the charge of the ministerie at the
said kirk vpon Weddensday the 28 of Januarie 1652, and keept session.
Collected 13s lOd. The minister enquired in the session if ther were
any Bible for the publick service, any session-book, a box, a bason, cups,
or cloathes for celebratioun of the sacrament, or any mortcloath ? Elders
ansuered that they had non of these since the time of plundering.
Enquired also if they had any money for the poor ? found 41ib 8s
Enquired if they had a schoolmaster? found they had on, but no
maintenance for him excepting his quarter payments .... Ordains
20s to be given to Alison Lawrie, blind; and 20s to Walter Whitheid,
unable to work by reason of his age — both parishineris."

Februarie 29, 1652.

Elders reported that they knew non quho unnecessarlie absented
themselves from the church, and^ promised to goe through the houses
everie Sabboth and see them come foorth to the church.

March 28, 1652.

Resolved that the minister should speake the lady and tutoris of
Polwart anent the laii*d his ille (aisle), that the cope may be put vpon
it, that it may be glazed and seats built therin with convenient diligence
, . . . Patrick Jatfray and James Whithead exempted from
collecting or visiting the parish be i-eason of ther age and infirmity.
Bot finds that no new elders can be chosen or these receaved againe
quho were removed for ther accession to the ingagment 1648 ; seing
these quho are otherwise qualified for the place are uncapable by vertue
of theactisof the Generall Asserablie secluding all from placisof trust in
chui'ch or state, quho in any degree were accessorie to the forsaid
ingagment ....

Februarie 12, 1654.

The elderis complained that the scbolleris played at football the last
Sabboth, and Avith them boys of gritter age and stature. The minister
undertook to cause the schoolmaster discharge his scltoUeiis and to
speake to the parentis of otheris quho were ther ; otheris quho were
ordained to be cited to the session the nixt day.

Februarie 19, 1654.

The minister reported that the schoolmaster and parentis of these
quho had profaned the Sabboth by playing at football had undertaken
to restraine this abuse in time comming. And as others who had joined
the scholars were found to be boys also, and professed sorrow for their
fault, it was thought needless to bring them before the congregation,
" so being rebuked and rcijuired to make conscience of sanctifying the
Sabboth which they promised carcfullie to doe, they wore dismist."

May 29, 166 1 . MAMCs^mn:

MAS.

The anniversarie thanksgiving ordained by the Kingis Maiestie and
his parliament to be keept, not only because the said day is the King his
birthday bot because thereon the King recovered his dignitie and
soveraignitie and the poor oppressed subiectis ther liberty, wes solemnized.
Collected, lis 2d.

The entries which are in the main similar to those of other Session
records which contain notices of church discipline and pecuniary affairs
break off at 10 May 1668, some pages being apparently wanting.

90. A small quarto volume containing exercises on French grammar ;
extracts from the Court of the Barony of Polwarth, dated in 1606 and
1607 ; extracts regarding tlie proverbs of Solomon, Hermes, Homer,
Pythagoras, Plato, Aristotle and others; extracts from Cicero deOfficiis,
" The rentall of the landis and leuinge in the estait thai ar in this
instant yeir of Gode 1603." The second half of the volume, however,
ha.s been utilizetl to contain a description of the arms of the nobility and
gentry of Scotland, with the following heading : —

" The armes of the Kinges and potcntatis as I had occatione to find
them out, and also oflf the Scotis nobilitie, in the best ordor conforme to
ther precedencie in anno Domini 1600; with the armes of the names
and gentlemen's families sett doun alphabetically as I collected them out
of three severall bookea off armorie, the most ancient I fount in Scotland,
and likewise out of the moderne bookes wherein the old wer deficient."

The hand- writing of the armorial portion of the SIS. volume appears
to be that of Sir Patrick Home, afterwards first Earl of ^larchmont.
He was very learned in the history of Scottish families.

It is impossible in this Report to advert seriatim to these coats of arms,
but it is evident that they have been carefully described to the date, both
in arms and mottoes. A specimen or two is subjoined : —

" Erie of Athole Stewart caries quarterly, 1**, paly of sex ore and
sable by the name of Athole ; 2^y, ore a fesse checquy argent and azure
by the name of Stewart, &c., supported by two wilde n;en with clubes
argent fettered together by the feet ; the crest a hand holding a key
argent; the motto, * Furth fortune file of thy fetters.' " [The modern
motto is " Furth fortune and fill the fetters."]

" Erie of Sudderland Gordon caries qua[r]t€rly, 1»*, azure three boare
heads erazed ore by his name ; 2^y, ore three lyons heads erazed gules ;
3*^7, ore thre cressent within a double tressure counterflowred gules;
4^'-^, azure three cinquefoiles argent on ane inscocheon gules three
mollets ore ; supporters, a hound and a horse argent ; crest a hart head
cupd ore ; moto, ' Bolt sicker.' "

[The description of the Sutherland arras is nearest those engraved on
a seal of John, tenth Earl of Sutherland, where the horse and hound
appear as supporters but without the motto. Similar arms are bbizoned
in Workman's Heraldic Manuscript in the Lyon Office, Edinburgh, of
about the same date ; and the motto as given reads, " Bvt siccar," which
is unmeaning, and the " Bolt sicker " above explains. Bolt or Bowt in
old Scottish meaning to spring or leap ; here, apparently, meaning to
mount the horse for the chase.]

The writer's own arms are given as follows : — " Hume of Polwart,
quarterly, 1**, vert a lyon rampant, argent ; 2°^, gules, three piles
ingrailed argent, by the name of Polwart ; 3, argent a crosse ingrailed
azure ; 4, as the first."

Mabchmont 91. Diary or Journal ke])t by and holograph of George Home,
— • second of Kimnnerghame. It is a private manuscript journal, written

in the end of the 17*, and beginning of the 18th century. George
Home was a cadet of the Homes of Polwarth, and married Margaret
Primrose of Barnbougal. The diary contains many notices of current
public events and private affairs. It has never been published.

92. Pass by Oliver Cromwell to Christian Hamilton Lady Polwarth.
"Suffer the bearer hereof, the Lady Polwarth, with her servants and

honses, quietly to pass from Edinburgh with seuen trunkes to her owne
howse at Redbrease in the Mars, without any lett or molestacion.
Given vnder my hand and scale the 28th day of December 1650.

" O. Cromwell.

" To all officers and soldiers under my command." [Seal
remaining.]

93. Bond by James Lord Mauchline for peaceable behaviour, 10th
March 1655.

** I, James Lord Mauchline, doe by thes presents give full power
and commissione to Sir Hew Campbell of Cesnok, knight, and
John Chalmers of Gadgirth, joyntlie or severallie, to assuir the right
honourable Generall George Munke, commander-in-cheife of the forces
in Scotland, that I sail give in guid securatie bund in ane thowsand
pund sterling for my peacabell deportment, and that within tueutie-ane
dayis efter my faitheris laying doune of airmes^, according to the article
of agrement maid in behalfe of my faither with the said geueiall,
holding firme and staibell what they or aither of them sail doe thair
anent. In testamonie whairof I haue subscriuit thes presentis, at
Gaeysyd [? Gateside], the tent day of Merch instant 1655, befoir thir
witnessis, Hew Penango and Robert Halden.

" Machlixf..

" Ro. Holden, witnes ; Hughe Pennango, witnese."

94. Letter, General George Monck to CoUonel Cowper, in reference
to the submission of the Earl of Loudoun and Lord Mauchline his son.
[Contemporary copy.]

" Sir, — Having this day agreid upon articles with Sir Hew Campbell
of Cesnok and John Chalmers off Gaitgirth, for the cuming in off the
Erll off Lowdone, his sonne and servants, whairby it is agreid that the
said Erll sail within 21 dayes efter delyvering vp ther airmes give good
securitie, bound in the sowme off fyve thowsand pounds for his
peaceable deportmentt to his Heighnes and successors ; and also thatt
the Lord Machleine sail in lyk manner give good securitie in the sowme
off on thowsand pounds for his Lordshipps peaceable deportmentt, I
have inclosed the draught off the bounds, after quhich forme I wald
have yow to take securitie off them after they ar cume in and laid
downe ther armes according to the articles. If you sie just cans for
abating anie thing off the fyne off Mr. Johnne Read be the courtt
martiall att Ayr, I desyr yoAv to abaitt so mutclie off itt as yow think
fitt. I remaine, your verrie loving friend, Greorge Monck.

" Letter for Collonell Cowper."

95. Original Warrant superscribed by King William the Third, for
creating Patrick Lord Polwarth Earl of Marchmont.

The preamble proceeds thus : —

"William R. Hascjihovt

3ISS.

Our Soveraign Lord taking into his royal consideration the great and —

faithful! services done and perform'd to his Majesty and to the crown
and kingdom of Scotland by his right trusty and right Avell-beloved
councillor, Patrick Lord Polwarth, Lord High Chancellor of the said
kingdom, and by his predecessors and progenitors, in the high offices
and trusts, civill and military, wherein they have been employed by his
Majesty's royall predecessors, kings of Scotland, (as that of treasurer
of that kingdom, and that of guardian of the East Marches of Scotland
towards England), and that the said Patrick Lord Polwarth has given
great and eminent proofs, not only of his firm adherence to the reformed
religion but also of his great fidelity and untainted loyalty in asserting
and maintaining the rights and prerogatives of the Crown and monarchy,
and the lawes and liberties of that his ancient kingdom in times and
occasions of the greatest difficulty and danger ; and his Majesty calling
to remembrance that in his great and glorious undertaking for delivering
and preserving that and his other kingdomes fix)m popery and tiranny,
the said Patrick Lord Polwarth did attend and accompany his Majesty
from Holland, and hath since that time faithfully and diligently served
his Majesty in proraoving and perfecting the same glorious design, and
behaved himself worthily in the important offices and places wherein
his Majesty has trusted him," to encourage him to pereist in his fidelity,
his Majesty ordains a patent of honour to be expede the great seal of
that kingdom, '• making, constituting, and creating, likeas his Majesty
by these presents makes^ constituts, and creats the said Patrick Lord
Polwarth, Earl of Marchmont, Viscount of Blasonberrj', Lord Polwarth
of Polwarth, Redbreas, and Greenlaw,'' giving to him and his heirs
male whatsoever in ali time coming the title of an Earl and Viscount,
with all privileges thereto belonging, and that his wife and children
should enjoy the same rank and precedency as appertained to wives and
children of other Earls and Viscounts, &c. " And that the said patent
be expede the Privy and Great Seals (in respect the said Lord Polwarth
is at present high chancellor of that kingdom) per salturo," &c. At the
Court at Kensiiigtoun, 23rd April 1697, and of his Majesty's reign the
9th yeai*. At the end of the warrant is the Secretary's docquet of its
contents for perusiU by the King, signed by (John Earl of) Tullibardine,
then one of the Secretaries of State for Scotland.

96. *' Diploma Patricii domini Polwarth de titulo et dignitate comitis
de Marchmont, Ac." The patent repeats the statements of the warrant
much in the same terms, and the King commands the great seal and
also the privy seal to be appended. At the Court at Kensington, 23rd
April 1697.

97. Letter referring to a very ancient charter by King William the
Lion, grandson of King David the First, to William son of Freskin, of
the lands of Strabrock (in West Lothian), between llGo and 1171.
G^rge Crawford, author of Lives of the Officers of State of Scotland,
and of a Peerage of SeotUind, states,* that he had seen the charter then
in the custody of Dame Catherine Stewart, Lady Cardross, proprietor
of the lands of Strabrock, as was also her son, the Earl of Buchan,
who had the charter in his charter chest. Crawford describes it as
containing a grant to William son of Freskin of the lands of
"Strabrock, Duffus, Rossile, Inchikel, Macher, and Kintrai, 'quas
terras pater suus Freskin tenuit tempore Regis David avi mei.' " The

♦ Nisbef s Heraldry, Vol. IT., page 183.
7 78889. n

Marchmoxt charter has been missing for upwards of half a ccntnry, and cinnot now
^^' be traced, a fact which was regretted by the late Mr. Innes in the

preface to the Cartulary of Moray. As Freskin is the earliest known
ancestor cf the Sutherland family, as well as of the Morays, Dukes of
Athole, while the Douglases were nearly related to the first Freskin, this
charter nuiy be considered as common to these three great historical
houses. Further evidence of the existence of King William's charter
is aiforded by a letter in the collections now reported on. It is from
Katharine Stewart, Lady Cardross above mentioned, to Grisel Countess
of Marchniont, dated 29th February 1698, in which after referring to
various papers which belonged to her, and were in the keeping of the
Earl of Marchmont, but which Lady Caidross was very anxious to have
returned to her, she adds in a postscript : — "Your Ladyship will find
by the inclosed memorandum that tlier is ane old cherter of ours in my
liOrd Chanslcrs costidie, and it is of gret raomiut to us for cliring of
our marches with our nibers, therefor I would intret to have it, when
it mey be wolh my loi'ds conveuincie." The memorandum here
referred to is pasted on the third page of the letter, and is as folloAvs,
though the dale apparently must refer to the time when the charter was
first lent to Sir Patrick Home : —

" Edinburgh, 28th June 1684.
" To get from the Earle of Marchmount, Fresiken of Strathbrock,
his charter from King William of the lands of Strabrock, which he got
from my Lord Cardrossc to coppie because of its antiquity."

98. " Additional Instructions to the lilarle cf Marchmont, his
Majesty's High Commissioner, to (he Parliament of Scotland. 1698."

William K.
Additional Instructions to our right trusty and right entirely beloved
cousin and councellor, Patiick Earle of Marchmont, our Commis-
sioner for holding the seventh session of our current Parliament
of our ancient kingdom of Scotland.

(1.) You are [to] pass such Acts as shall be proposed in favour of the
Presbiterian Church government, which shall not be inconsistent with
or prejudiciall to our prerogative, or the prot«!ction granted to Episcopall
ministers.

(2.) If any of the Episcopall ministers v;ho are at present in their
churches shall apply to the Parliament, you are allowed to pass an Act
admitting them to qualify themselves according to law, and to give
them our protection.

(3.) If the Parliament shall give an excise upon malt as a fund,
Me empower you to consent to an Act discharging the three pennies
upon the pint of ale, &c., during the continuance of the excise on
malt, providing the excise on malt be not less than two merkes on the
boll.

(4.) If the Parliament shall think fit to provide for the disbanded
ofticers untill they be paid off their arrears, or otherwise provided for,
you are to give our assent thereto, the standing forces being first
supply'd.

(5.) You are to endeavour after the supplys for the forces are setled
to obtain an Act continuing the imposition of tunnage upon ships, or
to procure some other fund for the maintaining or imploying the
frigotts.

(6.) You are allowed to pass an Act allowing of a copper coynage in
sucli terms as tlu; Parliament shall think fit, providing that the benefit
arising thorfiom be left to our di.^posall.

99
(7.) If the Parliament shall reckon upon what is resting by the Lord Makchmost

Beiihaven and his partners, tacksmen of the inland excise, or any part
thereof us an effectual sum, in that case you are to allow the Parliament
to cognosce and determine «ipon the grounds whereupon they crave an
abatement.

(8.) Tou are allowetl to pass an Act dispensing with the calling out
of the militia for so long lime as the Parliament shall give funds for
maintaining the standing forces, conform to the present establishment,
except in the case of necessity, such as defending against forreign
invasions, or suppressing intestine insurrections.

(9.) You may consent to an Act for facilitating the entries of
vassalls by subaltern superiors.

(10.) When the publick good of any of our burghs or sea-poit touns
is heavily burdened with debts, or where their publick works require it,
you are to consent to Acts for such moderate excises or other impositions
within themselves as shall be found necessary.

(11.) You are to pass an Act, after the funds for maintaining our
forces and other publick exigencies are given, for encouraging
Mr. Adair, Captain Slezer, and Mr. Cnningliam, and giving them
allowances for carrying on their several works lor the gootl of the
publick.

(12.) You are to pass such Acts as shall be pro|K)sed for encouraging
the manufacture of inland sjdt.

(13.) On occasions of difficulty you are to consult with the officers
of State, or others of interest in the Government or Parliament, or so
many of them as you shall by their behaviour in Parliament judge
firmly zealous for our interest.

(14.) If the Parliament cannot be brought to give the supply's but
by passing Acts contrair to your in.structions, you are in that [case] (if no
other expedient will serve) to adjourn to such a time as that you may
consult us and have our answt-re rather than pass such Acts.

(15.) You are empowered to continue this session of Parliament
from the time of its meeting for seven weeks.

Given at our Court at Kensington the 24th day of June 1698, and
of our reign the 10th year.

W. R.,

By his ^Majesty's command,

Ja. Ogilvie.

99. Warrant under the sign manual of King William the Third for
a commission to Patrick Earl of Marchmont, to be Commissioner to
the General Assembly of the Church of Scotland. The preamble states
that the King ordains a commission to be past under the great seal of
his Majesty's ancient kingdom of Scotland, making mention " that
whereas by his Majesty's order the Generall Assembly of his Majesty's
said kingdom was appointed to meet the sixth day of March next
ensuing ; and his Majesty being desirous and finding it necessary for
the good of the said Church that the said Generall Assemblie meet
upon the day appointed ; and that his Majesty, by reason of his otter
weighty affairs, cannot in person be present in the said Assembly ;
and his Majesty being fully satisfied by many proofs of the sufficiency
and fidelity of his Majesty's right trusty and right well-beloved cousin
and counsellor, Patrick Earl of Marchmont, Lord High Chancellor
of his said kingdom, whose eminent endowments render him every
way fitted and qualified for rightly managing the high trust after
mentioned," therefore his Majesty appoints him his High Commis-
sioner, with power to represent his Majesty's sacred person and royal

G 2

MSS.

100

Maechmont authority in the said Assembly, &c. The commission to commence
_^ on the 6th clay of March, and to continue during the sitting of the

Assembly. Court at Kensington, 23 February 1701-2. The docquet
is signed by John., Earl of Hyndford.

100. " Instructions to the Commissioner to the General Assembly,
1701-2":—

William R.
Instructions to our right trusty and right entirely beloved Cousin
and Counsellor, Patrick, Earl of Marchmont, our Commissioner
to the General Assembly of the Church of our aucient kingdom of
Scotland.

(1.) You are at the opening of the Assembly to give them new
assurance that wc will maintain the Presbyterian government in the
Church of that our kingdom.

(2.) You are to suffer nothing to be done in the Assembly to the
prejudice of our authority or prerog.itive,

(3.) You are to take particular care that nothing be treated of that is
not a fit subject for an ecclesiastical meeting.

(4.) You are to recommend to them the planting of snch churches as
may be still vacant, in which they shall meet with all encouragement.

(5 ) You are to take care to prevent, as much as possibly you can,
the turning out of their churches such of the Episcopall ministers as are
qualified conform to the Act of Parliament.

(6.) Y"ou are to encourage any inclinations you find in the Assembly
to assume to their government such of the ministers who preached
under bishops and arc qualified by law whom they shall find to be
pious and moderat men.

(7.) You are to allow them to appoint commissions for planting vacant
churches and for assuming such ministers as have either qualified or
shall qualify themselves according to law, being pious and moderat
men ; and for dispatching such ecclesiastical 1 affairs as shall be remitted
to them by the Assembly.

(8.) You are to endeavour that as soon as possible the Assembly
dispatch Avhat is most necessary, leaving other matters to the aforesaid
Commissioners and the inferiour judicatures.

(9.) In matters of difficulty you are to advise with such of our officers
of State or members of the Assembly as you shall think fit.

(10.) You are to dissolve this Assembly betwext and

the 26th day of March next, or sooner if bussines can be got done, and
you are to appoint a new Assembly to meet at Edinburgh the day

Given at our Court at Kensington, the 23rd day of February 170^,
and of our reign the 13th year.

By his Majesty's command,

Htndfoord.

[These Instructions are of interest, as being the latest document
signed by King William regarding the Church of Scotland. He died
on the 8th of March immeiliatoly following, antl on the same day
Queen Anne signed a warrant for a new commission to the Earl of
Marchmont to act as her representative.]

101. Warrant superscribed by Qnoeii Anno, r(4'erring to tlie com-
mission by the late King William, to the Earl of Marchmont " to
represent his royall person in the pre.sent Assembly of the Church of

101

her Majesty's ancient kingdom of Scotland, And her Majesty being Harchhoxt
willing to give all due encouragement and countenance to the sitting MSS.

of the said Assembly, and that the same may meet with no inter-
ruption in prosecuting the ends for which it was called together,"
she in the usual form appoints Patrick, Earl of Marchmont, as her
High Commissioner to that effect. At St. James's, 8th March 170^.
Countersigned by the Earl of Seafield.

In my Second Keport on the Marchmont muniments I shall deal with
the official correspondence of Lord Chancellor Marchmont, which is too
important and extensive to be included in the present Report on the
charters.

William Frasek.
Edinburgh, 32, Castle Street,
16th Januarv 1893.

102

SECOND REPORT ON THE MARCHMONT MUNIMENTS
OF THE FAMILY OF POLWARTH, LORDS POLWARTH,
AND EARLS OF MARCHMONT, IN THE POSSESSION
OF SIR HUGH HUME CAMPBELL, BARONET, OF
MARCHMONT, AT MARCHMONT HOUSE, BERWICK-
SHIRE.

MSS.

'^'^^^Mss'*^^^ In my First Report on the Marchmont muniments the ancient
charters and miscellaneous writs of the Homes of Polwarth are dealt
with. The present Second Report deals with the correspondence of
that family, including both public and private letters. The public
letters are of considerable interest and importance, relating as they do
to many of the events in the reign of King William while the first Earl
of Marchmont was Chancellor of Scotland.

The first in the series of letters [No. 102] is a letter by Mary, Queen
of Scots, without address, informing her correspondent that she had
sent Commissioners to York to meet those of Queen Elizabeth, dated
at Bowtoun, 24th October 1568. . The next two letters [Nos. 103 and
104] refer to Patrick Hume of Polwarth, younger. The first is by
Ludovick, second L^uke of Lennox, rocommending the young laird for
his honest behaviour in the King's service ; the second is an order by
King James the Sixth to Patrick Home of Polwarth, younger, as
Captain and Keeper of the Castle of Tantallon, giving particulars of
the number of persons required to keep the castle, and also their rate
of wages, dated at Edinburgh, 16th February 1592-93. No. 105 is a
somewhat ecclesiastical production on behalf of a young cleric. The
pathetic appeal of AVilliara, tenth Earl of Angus, then in ward for his
Roman Catholicism, to send him a hawk for killing partridges, to help
him to pass his " malincolius houris," is referred to in No. 106. It is
not quite clear to whicii Laird of Polwarth the minister's complaint
[No. 108] applies, but it may refer to the levies in 1643, when there
was considerable backwardness in raising the quota for Berwickshire
[Nos. 110 and 111]. Sir Patrick Home of Polwarth, already named as
Keeper of Tantallon, married Julian Ker, daughter of Sir Thomas Ker
of Ferniherst. He died in 1609, ard she married a few yeai's later
Sir Thomas Hamilton of Binning, afterwards Earl of Melrose and
Haddington. It is to him she refers, in her letters quoted in
No. 109, to her sons Patrick Home of Polwarth and George Home of
Kimraerghame. She was a voluminous letter writer, and there are a
considerable number of her letters both in the Marchmont Charter
Chest and in that of the Earl of Haddington. Their character may bo
inferred from the quotations, the last of which refers to an outbreak of
the plague near Edinburgh in 1635. Her husband's remedy for the
disease is characteristic. " The best remeid lie knew quhen any vos in
suspetion of the plaig vos to flit sun and far of and to be long a
coming bak agane." Sir Patrick Home's letter to his wife ab(Ait the
proposed tutor [No. 112] is of interest. He seems to have died in the
following month. No. 114 is curious, as illustrating the method of
procedure in trials for witchcraft. The treatment of Protestants in
PVance referred to in No. 119, and the story about the English
Parliament in No. 120, may be noted.

103

The son of the last-named Sir Patrick Home, also Sir Patrick MARcmfOT
(afterwards the first Earl of Marchmont), succeeded in 1648, while yet *^-

a minor. He became one of the most prominent men of his day, and
in 1675 was imprisoned in Edinburgh Castle for objecting to some acts
of the Government. The letters [Nos. 123 — 127] relate to this period.
Nos. 129 to 132 are of considerable interest, as throwing light upon
the emigration scheme which was propose<l by Sir Patrick Hume,
Sir George Campbell of Cessnock, Sir John Cochrane of Ochiltree, and
others. The letters show what was intende<l and how much liad been
actually done, though the colonization project was not carried out, as
the promoters were shortly afterwards charged with complicity in the
" Rye-house plot." As is well known, Sir Patrick Home concealed
himself for a time, and then escaped to Holland. Nos. 133 — 135 refer
to this, Xo. 134 .showing that Sir Patrick's son was held as a hostage
for his father after Argyll's expedition. Sir Patrick returned to
Scotland in 1680, and from that date onwards the letters to him bear
much on public affairs. One of the most interesting is No. 147, the
letter written by Sir Patrick to his wife, announcmg his elevation to
the peerage as Lord Polwarth. His plans for his family in consequence
of the new dignity are characteristic.

The letter immediately following is from Colonel Hill, who com-
manded the garrison a*. Fort William, on the subject of the Highlands
and the means taken for allaying disorders and settling the clans.
Colonel Hill's letters, ranging over several years [Nos. 148, 150, 153,
154, 166, 184], are of interest, and especially when compared with
No. 209, giving the opinions on the same subject of Duncan Forbes of
Cullo<len (father of President Forbes), and No. 210, which expresses
the views of an aggrieved chieftain. The letters written by
Mr. Carstsjii-s, Nos. 151, 152, 155, and by the Master of Polwarth,
Nos. 156, 157, 159, 163, from the seat of war in Flanders, narmte
little incidents of the campaign. A letter [No. 172] from a captive
Scotchman in Barbary, addressed to the Gla-«*gow treasurer of the relief
fund, gives a graphic and evidently truthful account of the sufferings
endured by those who were unfortunate enough to fall into the hands of
the Moors.

The remaining letters between 1690 and 1702, when King William
diet!, are chiefly political, and, tijough not of special importance, throw
some light on the factions and intrigues of the f>eriod. George Baillie
of Jerviswood, ex-Secretary Johnstone, the Karl of TuUibanline, and
the Earl of Seafield, all give their own views of passing events. It
may be noteil that the reference in No. 177 to the " businesse of
Aikenheatl " is to the trial and hanging of a young student of eighteen
who had j)erplexed himself with puzzling theological question**, and
was charged with blasphemy [^see also No. 170]. Another matter
regarding which there is some correspondence is the attack by Simon
Fi-aser (afterwards Lord Lovat) upon Lady Lovat, the widow of the
previous Lord Lovat, and also his seizure of Lord Saltoun and party.
The letters in question are [Nos. 194 — 198, 201], and indicate the
measures taken to punish the delinquents. In Nos. 191, 197, 216, 217,
we have a sequel to the story of Dr. Cornelius Con, told on p. 55 of
the Athole Report [12th Report, Part VIII.], who was .so barbarously
treated by the Earl of Seaforth's men. No. 186 tells of an outrage by
French privateers-men on the person of Hew Cathcart of Carleton.

Several letters relate to dealings with the Roman Catholics and with -
non-juring Episcopalian.s, including John Paterson, Bishop of Gla.«gow.
The letters allege various crimes against the Catholics, and also detail
means taken for their apprehension [Nos. 173, 180, 181, 189, 192, 193,

lOi

Maechmont 208,218, 220, 221, 231], of which Nos. 208, 220, and 221 are most
^^- noteworthy.

The fire which destroyed the greater part of the Palace of Whitehall
on 4th January 1698 is referred to in Nos. 169, 204—207. King
William's attitude towards the Scottish enterprise known as the Darien
Company and the troubles of that Company are noticed in Nos. 188,
203, 214, 222—232. The death of King William in March 1702 with
the immediate circumstances, including the debates on union which was
then proposed, are referred to in Nos. 234 — 241.

After the accession of Queen Anne to the throne, the Earl of
Marchmont continued to hold the office of Chancellor for a few months
but was superseded in the month of June 1702. He continued, how-
ever, to be a strong supporter of the proposed union, and letters from
Lord Somers, Lord Wharton, and others on this subject will be found
in Nos. 244 — 247. The narrative contained in No. 248 of the Lord
Belhaven's examination in connection with the French invasion of
1708, and graphically related by himself, gives his opinion of the
reasons (which have somewhat puzzled historians) as to the primary
causes of the invasion.

The insuri'ection of 1715 occupies the majority of the remaining
public letters. Those which deal Avith this subject are, however, chiefly
addressed, not to the Earl of Marchmont, who was now too aged for
public life, but to his second smwiviiig son Alexander, known as Lord
Polwarth, since the death of his elder brother in 1710. Lord Polwarth
was appointed Lord Lieutenant of Berwickshire with the usual powers
for raising men to be sent against the rebels. Some of the letters
[c/. Nos. 259, 260] illustrate the difficulties of making such levies.
Others [Nos. 255 — 258, 261 — 266] give information of the doings of
the rebels both in the north and south, and include a letter from Fort
William narrating the mustering of the Highland clans [No. 263].
No. 267 contains a long account of the battle of Sheriff Muir.

The last four letters [Nos. 269 — 272] are of a wholly miscellaneous
character. The first, dated in 1676, is interesting for a reference to a
manuscript of the History of the Church of Scotland by David Calderwood,
which, if it be accurately described, is not known to modern writers. It
may bo noted that the alleged custodier died in the following year. The
letter. No. 270, indicates the state of feeling in Scotland after James VII,
had abdicated and while the Prince of Orange was still unrecognised as
ruler of Scotland. No. 271 is a specimen of the letters of Lady Grisel
Home or Baillie, eldest daughter of the first Earl of Marchmont and wife
of George Baillie of Jerviswood. The last letter contains, from a
contemporary source, an amusing anecdote of Pope Clement XL and the
Emperor's Ambassador.

The greater portion of the correspondence has been gathered together
and bound in the following divisions and volumes : —

Public Letters, Vol. I., 110 letters, 1592—1682.
„ „ „ IL, 116 „ 1683—1693.

„ „ „ IIL, 112 „ 1694—1696.*

„ IV., 188 „ 1697.
„ v., 142 „ 1698.
„ VL, 163 „ 1699.

* It may be noted that there are in this volnme a large number of news letters
vrritten from London with the home and foreign news. There are also a few
such in Volume II. These news letters have not been detailed in the Report.

105

Public Letters, Vol. VII., 112 letters, 1700.

„VIII., 101 „ 1701.

„ IX., 102 „ 1702—1703.

„ X., 87 „ 1704—1714.

„ „ „ XL, 85 „- 1715 — 1717.

Private Letters, Vol. I., 99 letters, 1603— 1671.

„ 11., 97 ., 1672—1680.

„ „ „ 111,113 „ 1681—1687.

„ IV., 110 „ 1688—1696.

„ „ „ v., 94 „ 1697-1698.

„ VI., 99 „ 1699—1700.

„ „ „ VII., HI „ 1700—1704.

„ „ VIII., 118 „ 1705—1717.

Family Letters, Vol. I., 122 letters, 1625—1693.

„ „ „ II., 89 „ 1694—1717.

Besides these there are a large number of letters not collected into
volumes, some of which have been selecte<l and erabwlied with the
others in this Report.

Maschmost

MSS.

The Public Correspoxdexce. 1568 — 1717.

102. Letter (address wanting), by Mary, Queen of Scots, intimatiBg
her choice of Commissioners to go to London, 1568.

" Traist cousigne, we greit yow veill : The present heirof salbe to
schaw yow that at this conference hes bene in York betuix our
Commissioner is and thais of the Quene of lugland, quhair our rebellis
hes bene hard and found nathing to thair advantage bot rather to thair
dishonour and gud advancement of our desyres. In the meane tyme,
our sai<l sister hes desyrit ws to send sum of our lordis towartis hir a.s
in lyk maner wilb<; thair of the .saidis rebellis. Quhairfoir we haif sen«l
vp our traist counsalouris, the Bischop of Ross, my lord Hereis, and the
Abbot of Kilwynning, at quhais returning we luik to haif ane gud
resolutioune ; and as we ar aduertisit of the furtherance thairof sail
raak yow participant of the samyn, nocht doubting that ye will continew
in your gud mynd towart ws. Referring the rest to our nixt aduer-
tisment, committis yow. to the pi-otectioun of God Almychtie. Otf
Bowstoune, the xxiiii of October 1568. Your gud frind. Marie R."

103. Letter (address wanting) by Ludovick, second Duke of Lennox,
1592.

" Traist freind, eftir our harttie commendationis. In respect of
the gude and honest behauionr of the young Laird of Poluart in his
Maiesteis seruice, as alsAva his gude deserving not onlie vnto ws bot
alswa to our vmquhile darrest father, we have tane occasioun maist
earnestlie to requeist yow to assist and forder him in his present adois
quhilk ye sail vnderstand vther be himself or this berar, as ye wiU do
ws maist speciall and agrieabill plesour and as ye sail tind ws reddie to
the forderance of all and quhatsumeuir your vther ressonabill effairis.
Swa committis yow to the protectioun of the Eternall From
Halynulhouse, the day of December 1592. Y'our louing aud

assurit freind, Lenox." [The last five words with signature in the
Duke's own band.]

104. Order by King James the Sixth about Tantallon Castle.
"Apad Edinburgh, xvj" die mensis Februarij 1592. The Kingis
Majestie with auise of his connsell nomiuatis and ^appoyntis his loving

106

Maechmont seruitor Patrik Hwrae of Polwart, youngair, Capitane and Kepair of the
^ff • Castell of Thomptalloun, and to that effect that he sail haue a portair,

twa watchenien, and a garitour, and eueiy ane of thame to haif in the
raoneth a boll of meill, with four suddartis, and euery ane of thame to
haue in the monetli twa bollis meill, to be pait be the thesaurair depute
of the reddiest of the esehait cornis, fermis and teyndis of Williame lOrll
of Angus, begynnand the first paraent of the said monethlie allowance
vpoun the first day of rebriuire instant, and sa furtli monethlie in tyme
cuming quhill his Maiestie tak further ordonr ancnt the keping of
the said hous, quha will alsua see the said Patrik satisfiit and rewardit for
his awin panis according to his deserving. James K," " Tho. The""%"
"S. Robert Mel uill," " A. Hay," " Carmychell." [The signatures are
those of the King, Thomas Lyon of Auldbar, Treasurer, Sir Robert
Melville of Murdocairny, Treasurer Depute, Sir Alexander Hay of
Easter Kennet, and Sir John Carmichael.]

105. The following curious letter appears to have been written
iff support of a petition made on 2nd October 160t by Sir Patrick
Hume of Polwarth, praying the Presbytery of Duns, in terms of a
deliverance by the Commission of the General Assembly, requiring the
Synod of Merse and Teviotdale to take Mr. Colin Row on trials for the
ministry, and if found qualified, to recommend him to the Presbytery of
Duns, whom Sir Patrick desired to admit Mr. Row to the parish of
Polwarth on his presentation. It would appear that the Presbytery
appointed the trials to take place, and, in anticipation, an anonymou3
writer wrote as follows : —

" To the bretherin appointit auditoris and judgis for tryall of
M. Colin Roue, at Kelso, ye vij of Nouember instant." " Excuis my
post haste. Pleis your wisdomis to excuis M. Colin Roue in cais his
doctrin be not corispondent to your expectatione and plesoris, his studie
being interropit partly by report of precogitat coursis and platis deuL^it
in his preiudice to promoif ane vdir to the plac, condeming him as it
var befor he be hard, contrar to reson, conscienc, and ordinanc of the
Sinod, and partly by my awne moyane that mouit to stay his techinge gif
I had tiiryit in the cuntrie, persaifing the proseding of perticular men,
gifing collatione, as is alledgit, to him quhais lif doctrin and maneirs
hes not ben apprufit (I belief) by sua mony famus and autentik
testimonyalis ; not the les albeit (in ane manier) his eschet is disponit
befor ho be conuict, and is forfaltit befor he haif offendit, be sum men,
1 troue vour godly visdomis that ar judgis voll redres the doingis of sik
men, and repond the honest innosenc of that mane in his awne place,
houeuer he lik the heraris. I kna perfitly and is in consienc persuadit he
is of gud lyf, modest, meik, holy, graif, humblle, and fulfillit of Crestiane
cherite, als apt to teche and edife the pepill (that ar veill plesit vith
him) as ony yonge man perhapis vithin the land ; gif ouer gret modesty
and reuerenc to the auditor, harme him nathing, he can do veill. I kna
Demostines in his youthe, the gret orator, stud dom befor the pipill,
ve red; schamfastnes, silenc, and sobernes ar vertuis remember. Gif at
the soden your autoriteis astonis ane yong man sua far that he can not
vtirhis gud conseptionis and knaledge, voll ye reiect him? (God forbid).
To conclud, as the Lord voll reuard youe, haif regard to the honest
innosencsie of that simpll sauU, void of ostentatione, pride, ir, inuy, and
all vncheritablle euellis that sould be odius befor youre eis. Gif that
yong man be reiekit consider thir euilis to folloue, first the innosent sail
be oppresit, your visdomis euell reportit of for sucseding in the vie of
men that hes manife-stit their mails vpon perticular respectis that ar and
sail be profin ; thredly, the kirk sail remaine vnplantit. 4. The pepill

107

diplesit that hes maid chois of him. 5. Myself vrangit and opressit as MARcraosi
appeiris, and pera<luentur kindll sik fyr of discord betuix me and my — *

frendis and neboris, quilk is impossiblle to be quenchit during our dayis.
The Lorde derectt your doingis in this and all your actionis. From
Berwick, the v of Xouember 1604."

106. Letter from William, tenth Earl of Angus, addressed to the Laird
of Polwarth, dated 6th September 1608, from Gla5gov7, where the Earl
was then in ward for opposition to the Kirk. Tlie letter, which refers
to some legal discharge to be granted by the Earl, is of no imj)Ortance,
but the postscript may be noted as bearing on the Earl's situation.
He writes, '* I request (yow) to get me tarsell of falcon or goss balk to
slea partrikis, to help me to pas my malincolius houris heir in ward."

107. Letter from Alexander, Earl of Dunfermline, Chancellor, and
other members of the Privy Council, requiring the Commissioners
chosen by tbe small barons and freeholders of Berwickshire, to attend
the Parliament to meet on loth June next, " pro.vydit to ressone, voir,
treat, and conclude in suche thingis as salbe proposed at that meitting."
Edinburgh, loth May 1609.

108. Letter addressed to George Home of Kimmerghame by
Mr. Alexander Case, minister of Polwarth, complaining of the Laird of
Polwarth. He states that he had two men servants, one of whom he
held in readiness " to go foi'th in this just and lawfull implovment
vnder the commantler of the Church regiment, neccssitie forceth
me to keep the other because T myself have no skill of servile
work." But the Laird of Polwarth insisted on having this second
man, not\vithstanding remonstrances and the assurance of the Laird
of Wedderburn, his Colonel, that it was against equity. He sent
" a great number of his men into Polwarth with some of his owne
domestik servants with banded staves, picks, and musketts to take
away my man, and searched barn and byre for him, but he was
not in the way, and commandetl them that if he or any others whom he
designed did resist they should toom a payr of buUetts in them, — these
were his words." The same night the Laird's men hati gone to
Langhopebirks and " beseiged that steatling, being charged to bring
downe to the Readbrays (Sir Patrick Hume's house) Sandie Garner,
and if he would not come willingly then to force and compell him."
The next day the same company were sent " to bring out of the byre
Sandees cow, to keep her till Sandee brought his son, yong Sandee,
whom he had designed for a sojonr. The lad was serving in Polwart,
and fled out of the way, yet Sandee himself was mynded to go to
the Laird, but my wyie counselled him not to go at that tyme, bt>cause
she sayd he would do with him as he had done with old Jhon Hill in
the Edges keeping him as a prisoner till he found out his sone Archie
Hill, my man, and for that cause if he gett him not he would send out
that old poore man in bis sonnes stead. If this be seemlie work, lett
any sober man judge." The remainder of the letter, which is very
long, threatens an appeal to the Privy Council, and comments severely
on the Laird's turn out of men. No date.

109. A number of lettei-s from Dame Julian Ker addressed to her

sons Patrick Hume of Polwarth and George Hume of Kimmerghame. \y
She was first the wife of Patrick Hume of Polwarth, and afterwards
married Thomas Hamilton, Earl of Melrose, i.nd first Earl of Had-
dington. The letters are dated between 28th June 1625 and 28th
December 1636. They contain much advice, worldly and religious.

108

Mahchmont but are not of a very historical character. A few quotations may be
— ' given, however, which partake of that nature, in their reference to

current events. (1) In her first letter, 28th June 1625, she writes,
" I (lelyuerit me lord of Melros (her husband) your serues and spcrit
gif euer he had vritin to you, quho said, no, or gif he vald vrit to you,
and he said he vald vith the first ocation ; but I tald him not of this
letter. He is euen the man he vos, yet constant in the aid fason." She
further says, " Ye do euel that writs not both to my lord, my bi'other,
and to Sir Robert Kar, quho is ane gret courteour and gentleman of
his Maieste bed chalmer. Mend this fait I pray you." She also refers
to the coming to England of Queen Henrietta Maria, and adds, " thar
is many prests and sum jesauets cum vith her, hot schu is thocht not to
be obstenat, vith Godis grace,"

(2.) On 16th September 1627 she again wrote to her eldest son, the
Laird of Polwarth, then at Poitiers in France. " I am grouin both
very sekly and vnable, and the only reson tharof is melankoly and gref
for your vaybyding and conteneual feir of your danger, espesially since
thir vars brak vp betuex our King and the King of France, quhairfor I
am very sory at my hart, and so is many ma in tiiis cuntre, quisch I
thocht sould a pouset [pushed] your haim-cumingbefor this tim, hot seing
it hes not and nou that ye haif gotin your desir and vther sex moneths to
your delitit exarsisis sair aganest my hairt, I maist eirnestly request
you for God's cans and for my blising, and the contentment of al that
lous you, and the vel and standing of your auin estait, to lay al excusis,
resons, or arguements quhatsumeuer asid and cum haim vithout delay.
. . . I pray you to haif ane gret cair to cum the most saif vay the
Lord derek you, and to haif ane handsum and vel fasined man to seru
you, becaus be God's grace ye must cum be court and kis his Maieste
hand and the Quen's, vith quhom I houp ye wolbe ane gret courteour
being so gud an French man, and I think be knychtit." In a post-
script she writes, " Your gud father hes changit his stil fro Melrose to
Erie of Hadington ; the reson he neuer tald me, nor I did not sper, bot
it is thoucht it is to humer the King because it is ane erektion."

(3.) In a letter to her second son, on 8th July 1634, Lady Had-
dington, inter alia, writes, " I am sur ye ar very il plesit of this vnjust
truble that is befalin me good lord of Balmerenoch ; the Lord iu his
gret merce to preseru and delyuer him from al thar maleco and
deuelisch plots. They kep al things so secret and obscur concerning
him that ve can her nothing of thar intention."

(4.) On 2nd October 1635, after referring to some business matters,
she writes, " Bot varly aneuch the gretest cans of the sending of this
berar is the gret fer of the pest that is her be ane schip that is cum haim
villi raarchant vairs that is foul, and ane boy com out of it to Cramont
and gud in sundre housis and did drink, and going to the Quensferry
deid be the vay, and tuo birds rypit his purs and tuk out 8 or 9 dolars,
and that money, as is reportit, hes fylit sundre pairts and four or fine
housis in Cramont is closit vp. Thar is ane vyf and hir douchter deid
and tuo or thre brokin out, as my lord Hadinton is informit, for he is
very curyous to knou and afrayit aneuch, and so it is gud to be ferit for
il ; he is going to Teniugham on of the days of the nixt vek vith al
fliting, and said yester nicht at the burd that the best remeid he kneu
quhen any vos in suspotion of the plaig vos to flit sun and far of, and
to be long a cuming bak agane." [The remainder of the letters are not
of great importance.]

1 10. Letter from " A. Hepburne," perhaps of Wauchtou, to George
Home of Kimmerghame. *' Ye show mee that the shyre of Bervik hes

109

made some acts contrair to these of the Committee. Yee must not Marchmo^t

MSS

respect these acts made be the shyre, but goe on according to the "

ordours of the Committee of Estates, and if yee lind anie ditticultie
in your procedour, I thit)k the Lord Generall will be in your lK>unds
shortlie, and will rcctiHe any thing that shall be found amisse there,"
&c. Edinburgh, 30th December 1643.

111. A letter to the same, by the first Earl of Dalhousie from Ayton,
4th February 1644, in regard to the number of men required by the
Committee of Estates, that Lauderdale was to be counted as part of
Tweeddale and not of Berwickshire; that the men should be enlisted and
then the cost proportioned. " Ye sail knaw ther is a let ordinance of
the estaites ordaining these wha will not willingly putt foorth their men
sail pey four hundreth merkis, so that gif ye will not speidlie put foorth
your men I howp the four hundreth merkis that 1 will gett, gif ye
disobey, will geve me contentment," &c.

112. Letter, Sir Patrick Hume of Polwarth to his wife. "My
heart, I thought to have sent to you erre now, hot had not one to send,
for Achter hurt himself so evill at football in Polwart upon Sunday
that he was not able to sturre. Stallon is runne away with some money
your mayde gave him to gett yairne, and his new cloathes and shoes
which bee had, and some other things he hath taken in the house."
Sir Patrick thinks he may have crossed from Leilh to Fife. He adds,
" If you fie a man, I think you would doe best to fie one that could play and
sing and wryt ; if you could have him to learne the childreen, hee were
woorth a better condition then two or thrie of thir young fellows that
can doe nothing, hot you would bee sure that hee had goo<l knowletlge of
his craft. Wee heare nothing hot warres and rumors of warres heare,
and of men advancing towards the border. Neuertheles, I would bee
content to have my writts by me, and you should even arme yourself
with constancie and resolution, and not bee fleeting and flowing and
running from ane place to another, bot you may use your owne mynd in
this," &c. Kedbraes, 8th March 1648.

1 13. Two letters, the first dated Kelso, 24th August, and the second
at Edinburgh, 2nd September 1648, by " A. Hamilton," to George Hume,
of Kimmcrghame, urging him to furnish troopers. In a postscript to
the first letter, he writes, " Sir, if you will gett ane good horse and
saidle ther is ane sufficient prettie man will vndertak for ane trowper
vpon reasonable conditions; for pistoUs, if you be not provyded, I can
help you with them vpon a reasonable raite."

114. Letter by the Earl of Loudoun as Chancellor, addressed "For
our honoured friends Mr. George Hoome of Kimergem, and remanent
commissioners appointed to minister justice vpon Agnes Ankrem, Johne
Hill and his spous, within the parochc of Greinlaw." "Honoured
freinds, — Haveing issued furth a comi.ssioun to vow against certane
persons accused of the cryrae of witchcraft, and being desireous that
thair tiyell may not be informall but vpon sume well gi-ounded evidentes,
wee thought fitt heirhy lo recommend to your speciall care that,
notwithstan«ling any confessions emitted by the parties befor the eccle-
siasticall judge, you would appoint tuo or on at least of your number
to repare to the parties with some of the ministers befor whom they
formerly confest, aud cause them renew thair confessioun in thair
presence, without giveing notice that commissioun is given against
them, that so the confession being made befor some of your number

Mabchmont (thoughe the parties sould therefter receide from the same) yoii may the
.• better know how to prosecute the commissioun in a formall way. And

this course wee desire may be constantly observed in all tyme cumiug,
that the depositions may be taken befor some of the comissioneris
authorized to try the partie (if ony be), and if there be non, befor any
civill judge, or the heritouris appointed justices in that parte by act of
Parliament, at Perth, the 7th of Agust 1645. And becaus the
divulgeing heirof may, through the perversenes of the parties, induce
them to resile from their depositiones, and harden them in an obstinat
denyell, and therby obstruct the discovery of the cryme of witchcraft
through the whole kingdome, you are therefore wisely and carefully to
manage the bussines according to the power given you ; wherin wee
hope you will not faill. So wee remaine, your assured freindis.
(Signed) Loudoun, Can"""^, J. p. D cone." Edinburgh, 12th April
1650.

115. Letter to the Laird of Kimmerghame by Sir Alexander Don of
INewton, intimating that the writer had received from the Privy Council
a proclamation " declairing his laite Hienes most illustrious sone Lord
Richard, lord protectour of these natiounes," with a command to publish
it, which he intended to do next day at the cross of Duns in time of
market, and requesting that the laird may be present with other
justices, that the publication '* may be done with the greater solemnitie."
Newton, 14th September 1658.

1 16. Letter to the Laird of Kimmerghame (Robert Hume) by James
Dundas of Arniston, regretting that he had been so often hindered in
his proposed visits to the Merse. " T was fuUie resolved at four of the
cloke this afternoone to have taken jurnay to-morrow, notwithstanding
I could not convenientlie have done so, but having after that tyme
receved the armee ther declaratione and informatione that they wer
presentlie drawing together about Edenburgh, I thought it not fitt for
me to goe from home so longe ane jurnay not knowing what might
fall out here." The writer expresses regret at the death of Hume's
father, " so worthie and kynd ane frind," adding, ** my wyfFe presents her
service to you and hops your new wife wil comfort you lor the want
of your auld father," &c. Arniston, 25tli October 1659. [The writer
was Hume's uncle.]

117. Letter to Sir Patrick Hume of Polwarth by Mr. John Veitch,
sometime of Weststruther and one of the ministers " outed " in 1662.

" Much honoured. My cariage having beene so peacable as is known
to neighbours I did not expect to have meet with such vsagc, however,
I neither blame the Earle of Home nor your honour. Onlie since
vthers ar dismissed upon band and I am your prisoner, I humblie
intreat ye may obtaine me the lik favour upon sufficient cation to stay
Avithiu the parish wher I served, and to compeir within twenty-
four houres (juhen ever I shall be called for bo the Earle of Home or
your honour or any other having commission from you for that effect.
Your obtaining of this desyre will put an exceeding obligation upon, Sir,
your affectionat freind and servant, M. I.Vetche. Duns, 30th November
1666."

1 18. Letter to the same by the Earl of Home, appointing a place of
rendezvous for Polwarth's division at *' Cresemoor " between Nisbet and
Langton. Dated 28th November 1666, the very day of the battle of
Pentland.

ill

119. Letter to the Earl of Loudoun from Mr. W. Doull, Saumur. ***^^<*"^
The writer informs the Eail of his intended return to Scotland. " The -L.'
sad condition of the Protestants in France who are left to the raercic of

their mercilesse enemis, the Popish clergie, has made me lesolue to retire
myself from this country. Churches are pulling downe euerie where.
The mine of our Acaderaie is the raaine thing they aime at, and in all
probabilitie in a few days will accomplish there designe. They have
made a prohibition to all strangers to teach publiklie in our colleges or
schooles, and vnder the name of strangers they comprehend Scotsmen
as well as others, which is a great breach of our privileges which wee
have enjoyed hitherto." The writer states that some friends in
England have engaged him to travel into Italy and Germany with two
young gentlemen, and he hopes to move homeward in the spring and
reach England in " the next summer come twelue moneths," when he will
be willing to enter the service of any Scottish person of quality going
abroad, &c. Saumur, 2nd September 1671.

120. Letter, the Earl of Tweeddale to Sir Patrick Hume, from
Yestcr, 3rd November 1673. . . . ** I send you heir the king and the
chancelairs speach in [the English] Parliament on Munday last and
the orders of the hous that day, only 1 most tell you a storj' that ther
was putt under the speakcr»< ctiayr a sabbot or wooden shoe with the
French kings arms on the on side and our kings on the other, and
witbin a chaplet and Ix-ads with this motto, utrum matcis." [In a
jtrevious letter, 27th October, Lord Tweeddale refers to a probable ix)st-
ponement of the Parliament for the Duke of York's marriage, who had
gone to meet the Duchess at Dover.]

121. Letter from Charles, tirst Earl of Alx>yne, to Sir Patrick Hume,
intimating that on Wednesday next the Earl of Queensberry and he,
"and many wthers of ws ar to tak jurnay from this place to meet Duk
Hamiltone, who parted from Londone upon Tuisday last and resolues
to bo at this place wpon Saterday nixt. The Earle of Cassells and
Lievtennant Generall Drummond ar in companie with him. Di'umfrise
cam HN.'iy two dayes befor, and Blakbarronie, Bonimoone and Sir
PatricK ilurray ar to tak |>ost three or four days after the Duke.
Ther hau bein many indewoii-s wsit both be false reports and wther-
wayes to diswnite ws heer amongst hersclfs, but all to noe purpose,
for the designe of serving the king and cuntrey is now soe fixt in peoples
briests that in probabilitie it will prow hard to subwert it." The
writer suggest.*? that Lord Home should meet the Duke, the Earl of
Boxburghe having appointed his son to do so. The writer further
expects Polwarth to meet them at Berwick, where, " if the weather be
anything .seasonable, Duk Hamcltoue will be meet with a gryt confluence
of people from this place, &c." Edinburgh, 23rd February 1674. [Lord
Home wrote on 2oth February refusing to meet Duke Hamilton, ** 1
never will waite uponc any subject sooner then the kings hie com-
missioner whoever it be, and since I have not kissed his hands, assure
your selfe I owe noe dwety to the other being in the same conditione
a$ my seltfe," &c.]

122. Letter from the Privy Council, signed by Chancellor Rothes,
appointing Sir Patrick Hume to rendezvous the militia troop under his
command for 1675 on Fogo Moor on 13th July next, and stating
certain measures to be taken that the men had received pay from those
who provided them. Edinburgh, 7th February 1675.

^^K^HMOKT 123. On 2nd September 1675, Sir Patrick Hume was imprisoned in
— ■ Edinburgh Castle for opposing the planting of garrisons in the country,

as an infringement on the liberty of the subject, and for refusing con-
tributions to that end from the shire of Berwick. On the same day
Lord Home wrote to him in anticipation. " If the counsell prove
severe to you, be assured you shall have company, since we have done
nothing illegall or what we will not stand to. For my owne parte,
and [I] dare answer for all the rest we will be as ready to serve his
jNIaje.sty with life and fortune as any subject whatsomever, and will
maintaine in this affaire passive obedience," &c. Hirsel, 2nd September
1675.

124. Letter, the Earl of Home to Sir Patrick Hume, that they had
heard of the hitter's removal to the Castle, and encourageing him to be
firm. Hirsel, 10th September 1675.

125. Letter from William (Douglas), third Duke of Hamilton, ex-
pressing regret at Sir Patrick's imprisonment and with offers of aid.
13th September [1675].

126. Contemporary copy of a long letter from Mr, John Pringle,
minister of Fogo, apparently to one of the bishops urging the release of
Sir Patrick Hume. "... I doe not raedle with the cause, only
as to his person. I cannot but regret that he being one of that degree
that from his infancie he has been delicately bred and is indeed of a
tender and fine constitution should yet be cast into a common goale
ane unwholsome place to the detriment of his health. My lord, he is
a person of much honor and rarely endowd, not to speak of his
extraordinary sobriety and courteous civility ; he is a gentleman addict
to letters (not very ordinary in many of his ranke) and seen in them
to criticismes. But that which was fiost in my eye and designe,
though last mentioned, is that he is a good patron to churches, not
troubleing your lordship with seiking out and presenting dissenting
brethren, and ane excellent patterne of conformity and orderly walking.
There are none or very few will hear our complaintis of disorders or
use their interest and authoritye to suppress them as hee. He never
failes on all occasions to countenance, support, and speak kindly to us,
wheras wee meet with other measures -from others, wliose behaviour
towards the church as now constitute, the publicke worship and our
owne persones endeares him to us exceedingly." For these and other
reasons, Mr. Pringle urges that " kirkmen " should endeavour to procure
Sir Patrick's release. Pogo, 23rd September 1675.

127. Letter from Henry Lord Cardross, who was also in prison, to
Sir Patrick Home, dated from Edinburgh Castle, 24th November 1675.
" Dear Sir. — I am ashamed of my so scldomc coresponding with you iu
writ, since we ar deprived of a personal one, but I hope your goodness
will pardon me and not impute it either to unkindness or leasiness,
when I tel you that I am hardly ma.ster of one (luarter of ane hour by
reasone of our having only one roorae, which is our bedchamber, our
dining roome, our drawing voonie, the roonic wher my wiefc reseavcs
her visits, the roome wher I rcceave my visits and does aiiay bussiness.
Judge, I pray you, wher I cane doe anay thing, the chamber being
almost constantly full of women and frequently of men which makes
me often neglect my bussiness." Lord Cardrosa is glad to learu that
Sir Patiick is in good health. He also condoles with him on the death
of his brother, and concludes, " You may be confident, my dear Polwart,

I shal never take notice of anay rumore or suggestione which are too ^-^^^f^*^^'
frequently spread abrode, which may tend in the least to the (lis- — -'

advantace of our cause or of tho?e that ar for it," &c. Addre?se<l to
Sir Patrick Hume at Stirling Castle, where he was in custody. [The
Council by command of the king issued, on 29th Febniary 1676, an order
for his release.]

128. A letter, tlated Edinburgh, 23rd May 1679, without address or
signature, thus refers to the death of Archbishop Sharp. " As for that
barbarous murder of the Archbishop, it is impossible for me or any man
as yet to give you any thing like a rationall accompt of it. The
Presbiterianes are blamed for it by ther opposites and some take much
paiiies to make it done by strangers and jesuites. Houever it be,
there is no discoverie of any consequence made in it and wee are all
left to conjecture." [The murder took place on 3rd May 1679.]

129. Letter to Sir George Campbell of Cessnock, signed " A. M.,"
dated 28th April 16B2, from Edinburgh, referring to the proposed
expedition to America. " Right worshipfull sir, I wrott a lyne yester-
night anent ane motione maide to sex of the society of ane English
gentleman, a presbyterian, his bwying of Xew York at 15,000lib
sterling, quho is informal of a de.«igne of maiking ane interest in
America from this cwntrey and, by some agent of his, desyres wee be
acquainted that he is willing the one halfe goe to ws, and that we
erect quhat government best pleaseth ws and haive the halfe shaire in
the government. It apeares wee wer conveaned by my Lord Cardross
interpositione, quho told ws that a persone now one the plaice had
apointed him to shew ws if wee wowld concwrr in that purehasse wee
might haive presbitry estaiblished, and as to the civill, ane joynt
interest in maiking of lawes and ewrey things els relaitting to the
government. Ther occwrred to ws as foUowes : — 1st. Ther is ane
considerable fort with 40 brasse cannon. 2. Ther is l,oOOlib of quitt
rent. 3. Ther is ane towne peopled and the cowntrey adjacent to it,
so that the new plantei-s wowld be oblidged to goe forder in, it being
certainly in the optione of these alredy satled to permit ws so
mwch as bwild ane howse in the towne, or if we showld be permitted,
to make the raite. In end he desyretl we showld maike our memo-
randum and he wowld comwnicate to his freind, bwtt now cowld nocht
tell quhat interest wee that wer privat persones showld haive in the
fort, quitt rent or towne, nor quhat nwmber of aikeres wee showld
gett for 50 or lOOlib. He swfferred ws to say my Lord Melvill was
the pei-sone, and iuclyned to bo heritable proprietor of our plantatione,
saying it was absolwtly necessar the English gentleman being for the
English, and so for ane swtable IxiUance it wowld follow he showld be for
ours. Wee told him the persone to represent ws being willing now to
accept and continue quamdiu se bene gesserint, and therafter elective
and also satisfie ws ([uhat wee showld haive for our money, wee wer
willing the quitt rent showld goe to him, which if of that amwnt
wowld ballance the quholl interest of the piyce and more, quherby he
was alredy reimbwrsed and so an-ght to give ws the rest of the
cwntrey for nothing, and that allenderly fra our coming to plant and
so haive the benefeit of our defence." The remainder of the letter
indicates that on consideration the New York scheme was given up, and
attention was directed to Carolina, the constitution of that State being
" accomo<late " to their minds, and the idea of sending commissioners
there was approved. The writer urges Sir George Campbell, who was
the younger laird of Cessnock, and Sir John Cochrane to be present at
the next meeting.

V 78289. R

114

^Uk^hsiont 130. Letter, without date, but probably written about this time, in

— 1' terms of the resolution to send Commissioners to Carolina, addressed to

*' Mr. Mortoune, Governour at Ashley River," and signed by Sir John
Cochrane of Ochiltrie. The letter intimates that the bearer, a
Mr. Crawford, carries with him a duplicate of the agreement made with
" the Lords Proprietors of Carolina." " Wee have commissionat these
men to search out for iis the most navigable river, and to acquaint
themselves so well with the entries of quhat river shall be chosen that
they may be able to navigat our ships into it. We sent you by
Captain Adams from London a letter direct from the Lords Proprietors
desiring you to furnish men and sloupes unto such as wee should
commissionat to sownd the rivers and take up our land ; and seeing
the success of our plantation depends upon the report that these men
shall bring back, wee doe not doubt but you will answer both the pro-
prietors and our expectation in giving them your best advice and assist
them Avith all things necessary." The writers promise that if the
reports of the river and land are encouraging, they Avill proceed vigorously
to carry on their plantation and bring with them " suche a considerable
number of gentlemen and ministers, and such a strength of people well
provided of all things necessary, as will exceedingly raise the reputation
of that province." The writers earnestly beg the governor's
assistance, &c.

131. Letter, dated Edinburgh, 2nd August 1682, from " Charles
Charteris " to Sir George Campbell of Cessnock, or in his absence to
Mr. John Sinclair, Secretary to the Duchess of Monmouth, *' . . . I
shall only give you my opinion, if it can reach you, that I thinke it
Avill not be neadfull for you to be at the charge of procuring a licence
from the king for 10 ships, in that I believe some of them may not be
employed upon transportation of people to Carolina. In that four or
six vessels at most is all that you can expect to employ, thoe you were
to transport a thousand persons next year, except the veshels were to
be very small. ... I believe it will not be for our advantage to
transport a thousand next year, in that it will cost us much more
chaige for transportation of people the first year then it will doe in any
of the following years, in that 200 or 300 going ovtu* the first year will
make roome for twice so many the next year aud will make provisions
for them ; nether doe I believe that those that councelled you to buy
a 1,000 cows to plant your groimd doe give you good advice, in that
perhapes a hundred or two may serve all the passengers you ar to
transport next year, by whom or at lest by ther overseers, you may
know wither it will be fitter to buy a 1,000 at the same rate or
perhapps half so cheape." He advises that the vessels should be
licenced to call in Virginia or Barbadoes to carry goods if necessary,
aud refund part of the expenses. He suggests sending a small vessel
this year with a few passengers who would make preparation for a
greater number the next year. The writer gives further advice as to
goods, tools, and merchandise to be transported with the passengers.

132. Letter, Sir Patrick Hume of Polwarth to Sir John Cochrane
and Sir George Campbell, evidently relating to the same subject.
" .... I have made offer of foure of the sex uudertakcinges
you wer pleased to trust mee with, in these three shires of IJarwicke,
Roxbrugh, and Selkirk, to such persones whose concurrence others more
judicious and I conceived might be of most use in the geuerall project,
and did discover a pretty good relish of the busines, but the whole
affaire being new and unknowen to most in these pairtes, there is more

115

time required to consider of a busines of this nature before positive ^^31™^^^
resolutions can be fix t upon." He therefore requests a longer term for —

giving an answer. " As for the other two undertakeings of the sex,
you will have ane account of Arnistone's resolution from the Tutor of
Blacader, who is come of purpose to waite on you, and obtaine this
delay for us ; and my Lord Melvill, not being neare, I could not meet
with him to make your offer to him, nor could doe it by writing to any
advantage, besides that it may come more conveniently from others.
This with thanks for your civilities to me," &c. Signed, " P. Hume."
Dated at Polwarth Ho'use, 2nd Octol>er 1682.

133. Three packets of letters. (1.) Letters from Sir Patrick Hume
of Polwarth, under the assumed name of "Peter Pereson," from (Ihent,
Rotterdam, and other places in HoIlan<l. whither he escapetl after
the Ryehouse Plot, from 28th December 1G84 to 30ih April I680.
(2.) Letters from the same, between 8th July and 22nd August 1685,
Avritten under the assumed names of " Peter Wallace " and '• Peter
St. Clare " while he was under hiding in Scotland after the failure of
Argyll's invasion. There is a pass by James Boyle, Provost of Irvine,
to enable " Peter Wallace, surgeon," and James Scott, wright at
Irvine, to go to Ireland, dated 19th August 1685. Sir Patrick appears
to have sailed from Ir\-ine to Dublin, and thence to Bordeaux.
(3.) Letters from the same, between 23 November 1685 and 21 May
1687, under the assumed names of " Peter Wallace " (or " Wallas "),
"P. Sinclar," "P. Walton," written from Bordeaux, Geneva, and
elsewhere abroad. In these letters there is nothing of a historical
nature. They refer entirel}-, or to all appearance entirely, to domestic
affairs, though it is possible there may be concealed political allusions,
to which, however, there is no key.

134. Packet of letters from Patrick Hume, younger of Polwarth,
between 3rd March 1679 and 2nd November 1689. They are chiefly
private epistles, but touch on some points of wider interest. While in
London, in the early part of 1685, he was apprehended and placed
imder charge of a messenger, as a hostage for his father who had joined
Argyll. On 4th July 1685, he wrote, " I am in verry good health and
in verry good company, and have aboiuidance of liberty, in so much as
I have wearryed less since I came here then I di«l when I was free,
only it will be devilhshly dere. I find myselfe cut out to be made a
prisoner of, for I take verry well with it, though it be verry hard I
should be made a publick hostage of, that now since Argil is taken and
our . . . (torn) business put to a verry good close. I must yet
stay till the divelry that Munmouth hath raised be ended also, or he
taken, for they will not now let me out upon bail. All will go well
eneugh with me, and I hop well eneugh with you." He desires clothes
and money to be sent to him.

In May 1686 he went to Holland, and in December of that year he
wrote from the Hague that he had promises of advancement from the
Prince of Orange, '* and we are now voluntiers in his own company
of guard among persons of verry good quality till we learn the Dutch
way of exerciseing, and when we are perfite in that I have verry good
ground to expect to be an ensigne iu his guards, or som fare better
place in some other regiment, but pray do not talke of this except to
Grissell and verry good freands for fear some thing may stopp it." Later,
he betook himself to the study of law.

The latest letter, after a considerable interval, is dated from Edin-
burgh, 2nd November 1689. He states that he had received letters
" just at the water of Spey as I was coming south. All hath been as

H 2

116

JiABCnMOJTT

MSS.

quiet in that couutry as ever they use to be, for I believe nobody that
knows thes people will think stealing a winder. My troop have not
been well used in having more fatigue then fell to their share. I wish
you would gete out my commission . . . , but if I be no better
used in my advancement and the date of my commission then I was by
that from the Estates, and this winter quarter, I resolve rather to give
it over and go home and snad trees at Polwart House, for 1 find no
man can serve the publick in Scotland in time of peace except he
resolve to be slighted as long as ther is either poor or impudent
lords, and I think we may take as long a time as never to be quat of
thes."

135. Packet of letters by the Eev. William Carstares in two divi-
sions. (1.) Letters Avritten in or about the year 1687 from Leyden
to Sir Patrick Hume under the name of " Mons'". Walton," at Ghent.
(2.) One letter dated in 1G91, and a few in 1697, addressed to the Earl
of Marchmont. None of these letters contain anything specially note-
worthy. Those of the first division touch very slightly on Scottish news,
while the most important of the second division only comments on
Breadalbane's negotiations with the Highlanders. Perhaps the most
interesting item in the packet is the following cipher-key, which may be
of use in others of Mr. Carstai'es' letters. It was in use in 1697 : —

" The King

- Mr. Watt.

The Parliament

- Mr. Rosse.

The Councill

- Mr. Davis.

Secretarie

- Mr. Hamilton.

The Chancellour -

- Mr. White.

The President of Councell

- Mr. Dodson.

E. Broadalben

- Mr. Linn.

D. Queensberrie

- Mr. Thomas.

E. Tullibai-din .

- Mr. Wallace.

S"^ James Ogilvie

- Mr. Danson.

E. Aberdeen

- Mr. Roberts.

E. Arran

- Mr. James.

E. Selkirk - - .

- Mr. Johns.

E. Portland -

- Mr. Donn.

E. Albemarle

- Mr. Williams.

E. Annandale

- Mr. Wier.

Mr. James Johnston

- Mr. Dod.

Lord Whitelaw

- Mr. Hastie.

Lord Carmichell

- Mr. Moodie.

The Advocat - - -

- Mr. Hay.

The Justice Clerk -

- Mr. Hall.

E. Argyle - . -

- Mr. Dauson.

Lord Tiviot

- Mr. Man.

Presbiterians - - -

- Mr. Stuart.

Episcopall - - -

- Mr. Holms.

Treasurie . - .

- Mr. Forbes.

S' John Maxwell -

- Mr. Murray.

The Nobilitie -

- Mr. Thomson,

Mr. Carstares

- Mr. Ellies.

President of Session -

- Mr. Webster.

Lord Polwarth

- Mr. Rae.

Scotland ...

- Jack.

abcdefghiklmnopqrstuvwxyr.
23nfoq4o798r s luwyxdb6mfr p."

117

136. Letter to Sir Patrick Hume, then in London, intimating to HAECHMost

him that '' The generall meeting of ministers and professors of the
Presbyterian persuasion in the Church of Scotland having aggried upon
ane address to his Highnes the Prince of Orange for rescuing this
afflicted church from that ruine wnder which it hath groaned these
many years, to have the grievous yoke of prelacie removed, the ancient
and beautiful! government of Presbytrie re-established, and to have her
ministers restored, were unanimouslie desirous to have '' his concurrence,
an<l thev desire him to act as one of their Commissionerf:. Edinburgh,
3rd January 1689.

137. Letter, (anonymous) dated at Edinburgh, 12th Jauoary 1689,
giving an account of proceedings there after the issuing of the
Declaration of the Prince of Orange. The magistrati-s and Town
Council, being Episcopalians, delayed to publish it though retjuestcd to
do so, but were frightened into submission by a rumour that 1,000 of
the NVestern Presbyterians were coming to Edinburgh to enforce
p\iblication. A number of youths in the city also desired about the end
of December to display the Prince's banner, which they had prepared
and applieil for jwrmission to do so but were put off, and some time
afterwards approached the Council with a new address, at the presentation
of which there were some wordy passages of arms.

138. Another letter, dated 2nd February 1689, also anonymous, raihng
against the Papists, denying the statements made of indignities offered
to the curates, and condemning the magistrates for their leanings to
Popery. A very long letter.

139. Letter from Andrew, third Lord Kollo, to Sir Patrick Hume of
Polwarth, complaining of the disaffection existing among the gentlemen
of the shires of Angus and Kincardine, who had refused to furnish
horaes, men, and arms as requireil by the Convention of Estates.
He also relates a narrow escape he ha<i from being mnde prisoner
by Claverhouse. He desires the Committee of Estates to take active
measures, and to order the shires in question to send their levies to him
at Dundee. Dundee, I4th May 1689.

140. Letter to Sir Patrick Hume from the same, nudated, but
pi'obably about the same time, complaining strongly of the conduct of
John Hamilton, Bishop of Dunkeld, then residing at Meigle, who had
used every endeavour to speak ill of the Convention of Estates, had
incited others to take arms for Claverhouse, and had taken prisoners
three of Lord Colchester's troopers. He had prayed for the restoration
of King James, and had eutertaine«I Claverhouse. Lord Kollo desires
that active proceedings should be taken against him.

141. Letter by Sir Patrick Hume (without address), dated Edinburgh,
7th June 1689, vindicating himself from misrepresentations which had
been made to prejudice the King against him, an»l asserting (1) that
he had never Ix'en absent from the Convention of Estates or the
Committee for settling public affairs, (2) that he voted according to
his duty or reason on every Act of importance, (3) he was ever earnest
to avoid delays, (4) he had a principal share in promoting the Act
asserting the authority of the Estates, though not then a voter, (5) also
in promoting the Act declaring the throne vacant, (6) with the claim
of right and the articles of grievances, (7) he also moved that the
Estates should submit to the King lists of" men fit for the public oflSces,
(8) on its being reported that the King was dissatisfied he actively

MSS.

118

^^^^iss*"^^ promoted a letter from tlie Committee explaining the state of affairs,
— and (9 and 10) furthered tlic presentation of it and certain views to the

King in person.

142. Letter signed apparently " I). Fearne," to Sir Patrick Hume of
Polwartb, dated from Hampton Court, 29th June 1689. He was a
member ot" '* tlie honest parlie/' or country party, to which Sir Patrick
Hmne then belonged, and writes hopefully of his own undertakings for
the party in London. He says, " Some new caball are makeing all
ther interest to gett in T. secretare ; my Lady Sutherland hes done
good service as to your generall concerns with the Queen, with whom
she hade severall conferences, and whom she convinced of some things
rashlie done, and the King hes been acquented with the generall
concerne of honest people. Melville seems now to be troubled for some
things done, and is resolved not to be rash agairie. . . . J'he Pope
has banished the French Jesuits from Rome ; the Jesuits in generall
seem to declare against France also, because its given out he will
declare against the Pope. I see a letter from Germany giveing account
of a great defeat a flying partie of 2,000 Croats gave the French
upon the Rhyne, though the French were triple the number of the
Imperialists. Tlie King gave audience yesterday to the Sueddish envoy.
There are very many French deserters come hither ; there are also
4,000 men come out of Holland lo the King's presentt service, and more
are following ; the Parliament is begining now to draw their purse,
many of the Devillmen being gained by moderatione," &c.

143. Letter to Sir Patrick Hume from Duncan Forbes of CuUoden,
also a member of the same party, dated London, 22nd August 16-^5).
He writes that he had not seen the King but had spoken his mind to
the Secretary (Melville). " Our Parliament is basely misrepresented
by Tarbet, Tweddel, and folk of that giang, which gave ryse to what
1 meant to doe if I could have steyd. They and the English Juncto,
viz., Hallifax, Den by, Shrewsbury, Nottingham, and Portland, are taking
methods for breaking our Parliiunent, calling a new one, and reducing
what is doon in our church government upon tiiis ground, that
Presbitry is not the generall inclination of the people. I solved this
ridle easily already. Though the kingdome be pold anent ther oppinion
as theee statesmen propose, it will not cary for them, but though the
major part, who are of no principle, should say, No Presbitry, it does
not folloAV that that which no man will suffer for should be established,
and that which the half of the people will dy for should be persecuted.
Our Duke is a playmaker heer also. Now, dear Sir, I pray the Lord
direct you in evi'ything, and that you may be bold I tell you that I
have ground to beleeve that the King wants only right information to
doe righteous things. Our Conncell and I think Session also will be
rectified by the advyse of honest men, and all our honest proposalls
allowd oft"; but I pray God oppose our D[uk(!J and make his influence
short, or els 1 fear all will not be right if our people in Scotland mean
not to turne slaves again, Avhich 1 think is not the King's meaning. I
hope (hey will stick by the connnon interest as to Church and State ;
I wonder they have not made powerfull adresses to bafle the misrepre-
sentations are made of them," &c.

144. Letter (address wanting, but probably to Sir Patrick Hume)
by the Karl of Annandale, (hitod Edinburgh, 4th September 1689.
" I have hear sent you tlu^ a<ldrcs,''. All the hands wee could procure
were my Lord Torphichens and Rutherfoords. J could not att this

119

tyme have tlie doubles off those two letters you <lesire<l, butt by my -*^^ ^ss'"'''

nixt you shall have them. My Lord Morton being the oulie man off —

qualittie nou att Lomlon who hes subscribed this address, I think you

wold take him, with annie other off our friends that ar therre, allongst

with you in the deliverie off itt, but off this you will judge best when

upon the place. I shall long anxiou-^lie until T hear from you,*'

&c.

145. Letter to Sir Patrick Hume from Andrew Fletcher of Salton.
" Edinburgh, 18th September 1689. . . . You will excuse me to
tell you that I look oupon it as a veray great, a veray publick interrest
that no uote of reproach bo laid oupon any attempt for religion or
liberty, tho it did not succeed ; and that I look oupon it as a veray
great and veray publick interrest to assert the clame of right in its mo;t
considerable article, viz., that agenst a Popish King. Prav conjure
my L. A., my L. R., aud Sir J. M., Rick., Pit!., S. J. "O. [Lord
Anuandale, Lord Rutherford, Sir James Montgoraerie, Drummoml of
Riccarton, Dempster of Pitliver, Sir James Ogilvie], and all my other
friends to joyn with yon in this. For its being first discusi^ed, in my
opinion will give no bad preparative to other affairs, because you have
much to say and are veray strongly founded in it," &c.

146. Letter to Sir Patrick Hume from Alexander Munro [of
Bearcrofts]. Edinburgh, 21th September 1689. Chiefly about the
Cameroniau regiment. ". . . Sir, if ye be acquainted with the
Earl of Angus, I pray you assure him that his regiment most necessarly
break if they be not delivered from Blackwood and Mr. Shells [Lawrie
of Blackwood was Chamberlain to the Marquis of Douglas, an<l
Mr. Shiels was Chaplain to the regiment]. They are woi-st payed of
any of the forces, aud they are naked, and ther heads are blown up
with such notions as renders them intollerable. They are worse then
ever they were every way ; the reputation they gainetl [at Dunkeld]
will (juickly wanish. 1 hear the Earl is a discreet youth and under-
stands his busines, and if he desires to have a regiment he most quite
change the frame of this, for they refuse all subjection to discipline.
They run away and returns as they please, ther owin brutish officers
complies with them in all ther disorders ; gentlemen arc disgraced
in conjunction with them, ami no gentleman can bear Blackwood's
arbitrary government. If the Earl hade commissions from the King
for men who are worthie to be officers, he might have a goo<l regiment
in eight days' time of these same souldiers or others. Bot I fear I
have insisted too long upon this subject, which I was provok't to, re-
flecting upon your sone's company which was sent to Cardrosse with
three more. Your sone is heir and some others of the officers, w^ho
have got accoqipt that almost all these companies are not run away btit
gone away with a high haml, declaring they would serve no more
UDtill they got ther pay for August and September, and all malignant
officers were remuwe«l from them, and these are in a word all the
gentlemen. I saw a letter this day from Captain Campln?!!, dated from
Purgatorie, wishing he had gone to keep sheep when he Jirst put
himself into such company. Yet these who understands them are
perswaded that if they were quite of ther beastly officers and Mr. Shells
and Blackwood, they might be very tractable souldiers, and doubtles
they would be brave fellows," &c.

147. Letter, Sir Patrick Hume, Lord Polwarth, to his wife,
annouucipg his elevation to the peerage. London, TUh January 1691.

120

Mamhmont " My dearest, having the opportunity of so good and sure a bearer,
— * I take the occasion to write more fully and freely to you than I have

done formerly or perhaps will, unless such another occasion offer. As
I desii-ed you at parteing to do, I write nothing by the post . . .*
^ care who sees it, and it is good you still observe that rule. . . .

Since I came hither matters have gone pretty odly and across [partly
thro'] the impolitick narrow methods of these who had good access
. . . partly thro' differences in methods which increased, if not
. . . differences betwixt the Earl of Melvill, the Master of Stair,
Major-General . . . and others who sided as they affected. P'or
my part I soon discerned [what] the consequence woidd be, and there-
fore made it my business first to approve my selfe to the King, then
to prevent the growing of difierences betwixt those whom I found
acceptable to the King. The first I carryed to that degree that I am
sure my credit is as great with him as any of theirs is, wherof I will
give you instances at meeting that I will not write ; but for the second,
my labour was lost, yet this I gained, that they who differed enough
among themselves ar all sensible that I acted a good part and ar so
convinced of my sincere and prudent cariage that they acknowledge
obligation to me, court my friendship, and give me great assurance of
theirs. The King and the Earl of Portland know this, and profess a
great sense of it, with many kind expressions. The King bids me
have a litle patience and rely on his favour, for he will support me.
I know very well wliere it stands, but will not write it plainly, only if
some had seen their own business well I might by this time have been
in a good post, and a short time, if the King's matters prosper, will
make out this. His Majesty said a while ago that before he parted
for Holland he would put a mark of his favour upon mce whereby T
might know that he is resolved to support my family ; I could not
guess what he meant, but at Christmass he explained it and gave me u
gift of pension of -400/. sterling by year to be doing with, as he
expressed it, and a patent to be Lord Polwart, with an addition of an
orange crowned in my amies. lie would have made me a Viscount
. . . not a step to make me sensi ... by the Lords, but this
step being so modest I think none will envie; and when the King
repaires my estate, 'tis like he will not refuse what he once offered, if
I desire it ; and I conclude he would not have done this, especially
given me a note of his family in my arms, unless he were . . to
support my house, of which he gives me again renewed and positive
[assurances]. For all this, my heart, when I consider the uncertainty
of . . . ry things, even of life Itselfe, of success in affairs especially

the danger of being too confident, of our most
reckonings ; and also when I consider the tottering condition of my
estate by reason of my burthens in so troublesome a . . , I am
obliged to hearken to the advice of my worthy friends . . to yield
to it with resolution if God will, to follow it out, and seeing I am both
so well esteemed and so well friended here, to gett a match for my son
in this countrey, of which I am led to be somewhat confident by what
I already discover in this place and by what I know of my son, his
discretion and solidity of judgement. You know matches of great
means ar not to be got there, and if 1 can here get a person of honorable
birth, of sober breeding, of our own principle of religion, handsome and
lovely, such as a young man may like for a bedfellow, with 10,000
or 8,()00 £ sterling portion, wee need the less care for what dis-

* Tbf! blanks itiu rmisod liy j)arts of ihi' letter being torn away.

121

apointment the change of Court humour can give us, and to spcake a.« ^^^°"

it is, such a match cannot miss to strengthen our Court intcre&t and —

make what we expect that way the more secure. My dear, I am

hopeful! God shall so bliss and prosper my honest and iunocent design

as you and I, mv son, and all who wish well to us shall be satisfied in

it. Therfor I desire you to discourse fully with my dear Patrick, for

whom cheefely I lake all my paines, and for whose welbeing any toile

becomes eat^ie to me. Tell him to order his troop as soon as possible

without startling at any thing, and to be in readiness to come up to me

upon my next call, on pretence among his comerads of goeing a step

into Holland ; I will write to Sir Thomas Livingston for a forloof to

him. The great «litficulty is of what we call the foot token money ;

this we cannot want, some way must be taken for it. I know not if

Patrick's credit and youre can go far, but I think with the help of this

gift of pension you may by Sir Patrick Murray's means get 400 £

sterling raised [and] that will, I hope, do our aftaire. I ... a

charet and 4 horses, we must have a coachman and two footmen in

livery beside Andrew to attend our chamben< ; wee can have our dyet

in pension, lodgeing, horss meat, and stableing within 5 £ by the

week ; for cloathes I would have him bring what he has fine with him

to make change, and a man who may ride up and be a footman when

here. I and ray family ar greatly beholden to our English relation"?,

especially my Lord Devonshire and my Lady Russell; I am sure of

great friendship and assistance from her. Send up a l)ill of 10 £ to

Andrew Scot when you get this, and write a dark answer to me of this

letter by the common i>ost. I did all the service I could to Jariswooil

in the matter of his -waird, and my paines was profitable to him. You

may let him or his mother, whom I hope you visite, know it. I must

tell you I have other thoughts of his pretensions to my G[rizel] than

I had formerly, if our neighbour be not concerned, which perhaps you

can judge of by this time. You see how closs you need to keep this

letter, 1 pray do it. I am glad to heare that Newton Ijehaves well,

O how gladly I would have him setled in mariage with your niece G.,

and how I long to be home for that ; if you can any way prepare such

a matter, it would please me well." He encloses the warrant for his

patent to be passed through the seals. " I will not take the title on

till you write it is sealed, and the sooner I do it the better it is for my

business. When it is done you and my daughters take your place

frankely before the ladys of baronets, Lords of Session, and all inferior

gentlemen, except they be the daughters of Lords, who will go before

my daughters but not before you, for, as I think, earls' daughters ar

not by the custome of Scotland to go before lords' ladys, albeit they

do here in England, but you know how to carry with discretion. Your

way of liveing need not alter a bit from what it was; you keep a page,

get a footman, and when you visit in foul weather . . . call a

coach as you used . . for we ar but a litle step forwanl of our rank

from what we were before, and so much the better, yet our place is not

doubtful as before and tlier is an ea.se in that. Beside that, my house is

equall now in peerage to the Dukes, who ar subjects. If the King

and coun treys business prosper, I am not affraid of breaking; if it do

not I must brcakc, and as goo<l break Lord as to break Laird, but Go<l

who has in his mercy provided for us before, I trust will do so still,"

&c.

148. Letter, Colonel John Hill, of Fort William, to Patrick Lord
Polwarth, informing him of his dealings with the Highlanders. He
was glad that the Council and Commander-in-Chief had passed from

1^2

Maechmoitt the strict oath required. He found no oath would lead the clans to
MSS. gj^.g ^jp gfjj^g^ ajj^j j^g Yiad prepared an easy oath, "Never to take up

armcs against King William and Queen Mary and tlieir government,
nor to suffer any of their friends, men, tennents, and servants, Avhom
• they can be able to hinder, to take up arms," which oath was accepted

by the Clan Camoi'on, many of the M'Donalds, and others. He desired
to act by gentle methods, and gain as much as he could from the High-
landers at present, and keep them quiet that the King';! affairs may not
be interrupted. Fort William, 3rd June 1691. He adds that he had
given leave to the Appin and Glencoe men to go to the Earl of Argyll,
their superior, provided they do so by the 8th instant.

149. Letter, Rev. William Carstares to [Lord Polwarthj. " Giblours,
3 leagues from Namur, June 6, s. v., 1691." . . . " Our news from
all hands give a prospect of a comfortable issue to this campagn as to the
confederats. The disappointment of the French before Coni in Piedmont
is of great advantage to the Duke of Savo}'', who now it is thought can
with safetie attend at Turin the arrivall of the succours of the allies
which are upon their way towards him, and will it is hoped capacitat
him to give the enemie battell. Coni was vigorouslie defended by
French refugies (one of these haveing commanded in the place) and
Vaudois, who by their opposition did shew that they were only to be
overcome by force and not gold, which the French perceiving by the
losse of some hundereds of their men before the place, and fearing the
approach of some of the troops of Savoy did in great confusion desert
the siege, leaving their sick men, much of their baggage, and some
cannon behind them. The Duke of Saxonie hath past the Rhine with
the confederat armie under his command, and it is said that if Caprara
had timeouslie advanced the whole French iufantrie had been routed.
A partie of 200 horse detached by General Flemming, who commands
a body near Liege, did a few days agoe surprise and defeat a partie of
400 of the enemie, killing 90, taking severall prisoners and some scores
of horses. There have been designs to sett fire to Brussells and
Bruges at one time in severall places, that by the confusion the French
who were to have forces near might have an opportunitie to possesse
themselves of those towns, but the treacherie is discovered and severall
persons imprisoned upon that account. We hear that there is great
consternation in the French armie, which we impute to the news from
Savoy and Vienna, from whence Ave are in hopes to hear of the conclusion
of a peace betwixt the T^irk and Emperour," &c.

150. Letter, Colonel John Hill to Lord Polwarth. Fort William,
26th June 1691. ** He intimates that the Earls of Breadalbane and
Athole have undertaken to settle the Highlands, but that the former is
not trusted by the clans, who think if he has money for Ihem, he will
find a Avay to keep a good part of it to himself." Colonel Hill expresses
doubt of any good result from Breadalbane's proceedings.

151. Letter, Mr. Carstares to Lord Polwarth. From the " Headquarter
at Court near Philipvill, 6th August 1691. ... I hear that Lieu-
tenant-General Douglasse is come hither this day, and if so it is probable
that Broadalban is with him too. The account that I have of his, I
mean the last negotiation, is not very acceptable here, and 1 am apt (o
think that what I have heard of it is true. . . . We were upon
Saturday last within almost an English myllc of the French camp, and
our armie stood in their vitui near 24 hoius, but they did shew no
inclination to fijjht, and we could not attack them in their camp but

1^3

with great disadvantage, though our King would have done it could ^^^BCHSfoxT

he have persuaded his generals to be of his mind. We had all our -1_'

ammunition in the greatest hazard of blowing up upon Saturday night

last bv the treacherous fireing of two bombs in two different waggons

in which there was powder as well as bombs, and that in the very

center of our ammunition waggons, but some souldiers were so stout as,

after the bombs were in fire, to draw out those two waggons where

tliey were from amongst the rest and to overturn them, which by a

very mercifull Providence prevented further harm except the fireing

of the [before] mentioned bombs, which, being after tapploo, did

allarm our whole camp, and we are infoiined that the French were in

arms all that night in hope it seems of an opportunitie to attack us upon

the successe of their treacherie," &c.

152. Letter from the same. Loo, 17th September 1691. ... "I
doubt not but yoti liave heard of the French falling upon our rear
after the King had parted from the armie. The matter as I hear was
thus : our armie was going from a place called Ltiz to another called
Grammont, and had in their way a river to passe, which most of the
armie had done, when the morning being foggie the cnemie di<l, with
the greatest part, if not all of their cavalleri<", fall u|)on our reer, which
consisted but of two brigads and two batallions ; but though the enemie
was above six to one yet our men kept their ground though hotlie
charged, and the French retired upon the advance of the Earl of
Marlborrough with the Brittish brigades. There are alwve 7tX) killed
upon the place upon both sides. We have taken 4 standards from
the enemie, and they, a.s is said, as many from us. Some here are
surprised to hear of the accounts given in to the Councill by Sir Thomas
Livingston and the Earl of Kintore concerning Broadalbin's negotiation,
but it can not be well believed that a man of sense would be guiltie of
such things that could not but come to light, &c." [Mr. Carstares adds
to his letter the following : — " Killed on our side in the above men-
tioned encounter: One of the Princes of Auhalt, Count of Benthem,
Brigadeer Stein, Colonel Heide, Captain Kiperda, Captain Fabrics,
Major St. Felix — killed. Prisoners of note : Count de Li[)pe, prisoner,
Monsr. Madourans, nephew to Marqni'j Monmelian. Killed on the
French side : Monsr. Auger, Lievt. -General, Monsr. Lussell, Mari.schall
de Camp, Monsr. de Villepion, Cornett des Guardes, Monsr. de
Monpipan, Enseign des Guardes. Wounded and taken of the French :
Major of the regiment of Merinoilie, Monsr. Villar, Commissair-
Generall de Cavallerie, Monsr. Brancar, Exempt de gens d'armes. The
Dutch horse have upon this occasion regained their credit."]

153. Letter, Colonel .John Hill to Lord Polwarth. Fort William,
25th November 1691. *' The laat meetinge between my Lord Breadalbin
and the Highlanders (where only Locheil, M'Laine, Keppoch, and a
sonn of Glencowes appeared) hath produced nothing, for none of them
did either yeild or trust him, only it is said that Locheil was in doubt
whether to siccept or stand out, and in that condition parted with my
Lord Breadalbin, who secmes much concerned at the disappoyntment,
bat sayes thcit betwixt and the begininge of January they may have
second thoughts. Hee is straightened, but seems to carry fair," etc.

154. From the same. Fort William, 14th July 1694. *' . . .
Wee arc all in perfect peace and I hope will soe continue, and when
the courts of justiciary are fixed here (which I could not yet obtaine
from the Government in the commission, but at last I hope they will

Marchmowt consider this, whicli is in the heart of all the theif holes, to be the
^^' most convenient place for frequent courts) I would soone break the

neck of robbing and stealing." He complains that he cannot get a
quorum of justices, and also that some whom he had named were
rejected by the Government. He then proceeds, " The most of the
people will, I hope (as they profess), follow my advice, and any that
should doe otherwise may and shall be handled with severity, for they
haue nothing now left to say for themselves (by way of excuse) for
any unpeacable behauiour. 1 have hitherto (according to my best
understanding) managed them to the greatest advantage for putting
them under obedience, wherein I have all alonge had consideracion to
the perplexity of affaires abroad and the unsetlednes of tUem at homCj
Avhich, tho' men of warmer constitutions and who haue interest or
revenge to gratifie have not approued, I must bear all that and more alsoe,
with regard to ray master's interest and the common good and publique
peace, rather then to any private or passionate considerations Avhat-
soever. My owne reason and conscience justifie me in my owne breast,
and 1 hope shall doe soe to all good vnbyassed men. The end of all
the paines that is or can be taken is to mainteyn peace, quietnes, and
obedience, which is effected, all orders and commands are obeyed, the
publifjue dues sattisfied, the levyes raised, yet all pleaseth not some
men without blood or oppression. How hard was that vnhappy
bussines of Glenco pressed on, to the scandall of all, and ttiose people
haue not (since 1 received them to the King's mercy) done the vallue
of sixpence of wronge to any man, but are in all things obedient; and
when the end aimed at is obtained, peace and setlement, what avouUI
any (tliat consult reason) haue me to doe more ? I have troubled your
Lordship with too large a discourse, but the many discourses I have
heard of sending to invallidate my endeavours, which (I blesse God)
are gouerned by a principall that I hope will never fail me. I am
content to bear all, and the more cheirfully since I know my master
approues me, and had I not knowne better what I haue doeing, then
those who censure for what they know not 1 might haue giuen but a
lame account of my trust," &c.

155. Letter, Rev. William Carstares to Lord Polwarth, from "the
King's quarters at Mont St. Andre, Agust 2, 1694." He expresses
much friendship for and desire to serve Lord Polwarth. Of the w.ar
he says, " We have been in this place three weeks, wherein nothing of
great moment hath occurred. There hath been takeing of horses upon
both sides, but with much greater disadvantage to the French than to
us, for Thursday last the troops we have at Liege sent out a partie
and took 500 horses from the eneraie, and since that time 16 of our
Spanish Dragoons went afoot, but with their arms, over tho Maes and
first took 16 horses, and haveing mounted them went and took the
advantage of the IVench fourragers Avhen they were comeing with their
fourrage through u narrow way where only one man could passe at a
time. They brought off 50 troopers with their iiorses," &c.

156. Letter from the Master of Polwarth to his father. " From the
camp betwixt Audonare and Gant, Agust ^^, 1G94." That it was
impossible for him to Avrite of tener than he had done, for '* thes ten
days our regement has been guard upon the great gunns which took
another way then the army, and all this while we have been marching,
and at last our desigue lost, and our campagnc at an end in all
apearence, and action this year is not only improbable but impossible.
1 shall now give you a short acco^mt of all the de.'ignes : the first of the

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campagne was to secure Lidge and Mastricht from insult, for they durst ^l^™<^'^
not pretend a seadge ; after to keep them [the French] so in as to make -^'

them (by destroying furrege) be neeesitate to furrage in their own
country, and we m eountrys that are always under contribution to them,
which now we do. But the great designe was (which we have mist) by
loner and quick marches to have past the Schelde at a place they call
Pont-de-piere, where we would have been within the Hues, and then
the seads:e of Dunkirk, or at least of Ipre, which, if taken, would have
starred the other and have closed the campagne. We lost the occasion
by on day's halt and want of intelligence, for La Vallette was not two
houres at the pass before our vantguard, with troops drawn out of
garisons. We did not know but they were the great army, which was
not come up then, but that same night all the horse came verry much
fatigued, and all the foot left behind, which now come stragling up
every day. If we had aitaeke<l La Vallette I do not question but we
might have caryed the pass, but it would have been with the loss of ten
thousand men. We are now here 120,000 men, etfective and in winder-
full good condition. The French are much inferiour, and in verry Ijad
condition, both army and country, this I can assieure you, but do
always intrench so strongly that ther is no meddleing with them, and
the lines are now covered with all the force they have. We hear that
the English fleet are before Dunkirk expecting us, but that is over.
Now to give you a particular account of our marchc : the -^g from
St. Andrew to Sonbreff where we lay the -j^j, ; ' ther your old freind
Sandy Dundas had the misfortune to kill my Collonel's own cornet, one
Conway, in a duel. The poor body was forced to it and is yet out of
the way. The 2§ we marched thorow the planes of Fleur to Nivel or
Genap ; the ^\ to Soigny or planes of Campbrun ; the ^| closs by Aith
to Shevren ; the l^, Lusa ; the ^| the army came to the pass and
encamped wher they [the French] cannonaded the King's quarters.
Thef came over a collonel of the French to ask wher the King's
quarters was that there might be no shooting that way. The King's
answere was, ' Mon quartiere est par tout qu'ils tirez ou ils voulez.'
From thence the army marched hither, where ourregeraent joinetl them
witli the great gunns; we may lay here some few days and then we
shall take the camp of Diense wher we shall lay till the camp breack
up, &c."

157. Letter from the same. ♦* Dessenberg, near Gant, October |j,
1694." Chiefly informing his father that his horses had been carried
off" by the enemy. "As soon as we are settled in our quarters, 1 resclve
to go for Utrecht to see my brothers ; I could never yet have leisure to
see, but have frequently writt to them. My sister writts to me that
they spend money ; I shall see and give you account how they pass
their time, but am afraid that Utrecht is not a place for them to study.
Besids that it is a dear hole, there is to much company in it, especially
Scots. Now when they are seasonetl in the country Franaquer were a
better place for them in my opinion."

158. Letter, George Baillie of Jerviswood to Lord Pulwarth, from
London, November 8th 1694. " The King not being come over thers
little newse, only we come now to know the designes of Staires and that
gang quhich are to offer to the King a cess duiing life, and, if this
Parliament refuse it, to advise him to call another. This I know will
take because the King is bent upon it, and in a manner lookes upon it
as a point of honor to have what his predecessor had, and if we would
give a million from year to year he will not value it unlesse the vther

126

^'*^MSs!*^^^ be done. This will certainly be this winter's struggle. We have
— thei'for to consider whether we our selves will do the thing or suffer it

to be done by vthers, and so loose the King altogether. Your Lordship
would therfor meet with some honest men of the Parliament and try
whether or not they will give the King five moneths cesse during life,
providing the King will, before it be done, turne out all the knaves and
put honest men into the Government. This would be done quickly
that the Secretary [Johnstone] may know what to say to the King,
for tho ye find that this Parliament will consent to the thing it must be
expressly told the King that they will do it only upon the termes above
mentioned, and it is fit the Secretary should know whither it will be got
done or not. All I can say in the thing that turne to what hand we
Avill, it will in probability bring ruine to honest men ; refuse it, we loose
the King, and the vther people will have him intirely ; grant it, adieu
Parliaments, and perhaps the King will not turne out knaves in
expectation that this Parliament will do the businesse, and so there
will be ane end of this Parliament, or if they do it at all I hope it shall
be upon terms. There will be the same work here about the revenew
quhich is now out and quhich the King designes to have settled during
life ; it's true it differs from our case," &c.

159. Letter from the Master of Polwarth to his father. " Brussell,
Nov. lOth/Oct. 29th, 1694." " . . . I am extraordinary well and
upon my travels to see all this country. This place is on of the
pleasentest ever I was in, wher you may have all the divertisements you
can have at Paris, — comedie, opera, bals, assemblees, accadamie, in short,
I have a great mind to spend all the carnaval here, especially if the
Electoress comes here before that, but am sumwhat unwilling to be at
the expence it must cost me, yet I resolve to see as much as I can this
winter and next summer, for 1 know verry well if I were once at home
againe, adieu travels and rambles. Pollock and I are together ; he is
to be home this winter. I have bought and shall send with him some
muffs, on for my mother and three for my sisters," &c. ^

160. George Baillie of Jerviswood to Lord Polwarth, from London,
13th November 1694, informing him that the King had called up the
Chancellor [Marquis of Tweeddale] and the Secretary [Johnstone]
*' hopes ye will pairt weil with him and cause the Presbeterians do the
like." This calling up of the Chancellor " was ordered by the King
without asking the Master of Staires' advice tho it be his waiting,
quhich does not a little vex them."

161. James Johnstone, Secretary of State to Lord Polwarth, 4th
December 1694. " . . . You mistake the state of the question, it's
not if a cesse during lyfe should be given or not, but whether knaves
or honest men should have the merit of giving of it ? You will say
knaves cannot give it ; believe me for once, if what they ask be graunted
them I verrily believe they can. I am sure upon such a supposition
it's practicable," &c.

162. George Baillie of Jerviswood to Lord Polwarth. London,
12th January 1695. The writer wishes his Lordship would come to
town, as some i)eople are attributing his long stay in the couiitry to
dissatisfaction and discontent, and he thinks no opportunity for calumny
should be given. Such people " neglect no means to attaine their end,
and I have too good ground to believe they have prevailed to far with
Mr. Carstaires, and by him upon Mr. Dunlop, thinking by them to gaine

127

foolish and credulous people of that partie to their owne side and so Maschkost
support their interest under the notion of Presbeterian, tho that be _5^'

least in their inteutiones. I wish there either had been ^ther com-
missioners sent from the kirk or none at all, for Staires, Linlithgow,
Carstaires, and Dunlap, and Doctor Lisk have frequent meetings, as I
can judge for no good end, and if it be to make the termes of joyning
with our church more ea^ie, why should not that have been proix)sed to
be done rather by such who have always mindetl their interest then by
such who have always opposed it. To me, Carstaires intimacy with
those of that gang is ground of jealousie that matters are likely to go
to right with them, for he must be meddling and rather then lie out will
joyne with any body ; and tho he and Dunlap hes lieen spoke to by
scverall honest men, yet they persist in their intimacies, perhaps because
they have gone so far that thay cannot retreat, but still denying any ill
designe quhieh, if true, they must be great fools, for at their arrivall beer
and that before ever they see my friend they and Carstaires dined with
Staires and discovered all their businesse to him quhieh he underhand
told to the Bishop of London that he might be prepared to bespeak the
King. I thought it necessary to give your Lordship this account that
ye may do what ye think proper to prevent Carstaires deceiving weil
meaning people by joyning them to Staires and so strengthen that
partie. Ye will be able to judge by some peoples' inclinations there
what reality is in this I write, but I am certaine if there carriage be not
knavish it is foolish and cannot but give gi-onnd of jealousie to honest
people. However, let not me be knowen in this nor all the particular
grownds of my jealousie only in generall, that there cariadge is such as
gives ground of suspition for this there manadgement they do not owne
openly only in so far that they are oblidged to returne civilities for
civilities ; what I know I write, quhieh I hope shall go no further, «&;c."
[The concluding portion of the letter shows ihat the writer had just
learned, after the preceding was written, that Lord Polwarth had
arrived in London.]

163. Letter, the Master of Polwarth to his father, dated at " Fluzen,
near Ghent, February ?,|, 1695." He does not wish to press^the
que.stion of leave so soon after the death of the Queen, but he hopes to
be in Scotland by the end of the next harvest. "My brother Sandy
came up here just the beginning of the frost and hes been storrae stedd
here since ; I never see so great and long a storme. Andrew last {XJst
writt us word of your calling them home ; I resolve to .see them aboard,
but ther will be no sturring till all the ice be gone. I am verry glad at
the resolution you have taken to call them home, for they have had
coUedges eneugh to make them able if they please to study by them-
selves. I wish your Lordship would cause lay all the law books apart
for their use. If they be allowed the Bible no other book but what is
law should come in their hands. Playbooks and romances are dangerous ;
Parergon's Matbematicks itselfe is but a pretence to gaine idleness.
History is usfuU but dangerous to put in their hands, at least for a
year, by that time they will come to be taken with reading law, other-
Avays they may come to be to much upon history and neglect the other,
which is not so diverting. My Lord, this were arrogant in me to
pretend to advise your Lordship about my brothers ; 1 only tell you what
I have found in my own experience, and what dangers I would avoid if
I were to begin studying. Besids, I find Sandy (tho I do not question
you will be verry well pleased when you see him) hes bred himselfe as
much gentleman as student ; he has read a great dale, but I think his
learning is a little too much upon the universale. He is a pritty good

128

Maechmokt musitian and plavs well upon the flute, which I am glad off, it is a
^^- pleasant and innocent divertisement and much properer for a student

nor either hunting or halking," &c. The writer then refers to the
difficulties and expense in the way of getting recruits.

1G4. Letter, Mr. Robert Pringle to Lord Polwarth, dated London,
10th April 1695, announcing his appointment to " the office of Sub-
Secretar," with orders to attend the King in Flanders. He thanks
Lord Polwarth for his share in procuring the appointment for him.
His chief opponent was Mr. Carstares who supported a Mi*. Stevenson.
Mr. Pringle begs for a letter in his favour to Loi'd Portland.

165. Letter from the same to Lord Polwarth, from the " Camp
before Namur, July 24, N. St., 95." A long letter stating generally
that the proceedings of the Parliament of Scotland were not wholly
pleasing to the King. The King's displeasure related to the manner of
voting the supply, and he was also " much dissatisfied with the im-
prisonment of the Earl of Broadalbin and with the orders for his
impeachment without preacquainting him [the King]. If the Parlia-
ment had had the affair of Glencoe under their cognisance, and so from
the depositions taken in that matter had proceided against the Earl, it
would then have been easie to these who are now blamed to have laid
it upon the Parliament, as perhaps it could not have been in there
power to prevent it, but these depositions having been taken before
these onlie who are thought to know the Kinge's mind, there was no
obligation on them to lay them before the Parliament which occasioned
what hes hapned, at least before they had done it they might have
acquainted the King, especiallie since the articles which are the ground
of the accusation hes been known these years and had been sent by the
Councill to the King, which he hes owned, and all this time neither by
him nor them the least motion of a process upon that head, so that I
doubt not but the King looks upon that proceiding against the Earl as
a meer design of the managers to force hirn to that which they could
not persuade him to. . . . What hes fallen out since are but as
so many steps to confirm the King in his mind, the communicating the
affair of Glencoe to the Parliament Avithout his knowledge, when by the
nature of the commission the report was to be made to himself only,
the votes that hes passed since and particularlie that vote whereby it
was carryed that they .'ihould proceed without addressing are all lookt
upon as one piece, but nothing worse than the Parliaments sitting after
the time allowed by the King without an order ... In my
discourse with my Lord Portland I endeavoured as much as I could to
justifie those persons I found most blamed, but I Avas extreamlie
surprised to find him so much prejudged against some of Ihem particularlie
the Secretai of whom he complained very sore and in bitter termes."

. . . My Lord Glenorchie and the Master of Stairs hes been here
these three weeks. I doe beleive the last hes as yet had very litle
converse with the King . . . but I believe will wait the resolutions
of Parliament as to his part of the atfair of Glencoe with which I beleive
he is not so concerned as he hes been," &c.

166. Colonel John Hill to Lord Polwarth, Fort William, 22nd March
1696. '*.... My Lord, I obtained from the Kingc a grant of thirtic
pounds sterling per annum out of the bishops rents for tiie main-
tenance of a schoolmaster in this place, which is of great use to breed
the Highland gentlemen's sonnes to lenrningo bothe language and
principles of the Protestant Keligeon (as my major will further acquaint

129

your lordship), but wee liude itt diflicult to get any parte of it payd, by Mabchtmoxt

which defect the scholl will be in hassard to breake up which were 1*

great pittie, and therefore I humbly pray your lordships fauour in
makeinge the payment more easie and certain," &c.

167. Letter, Mr. Alexander Home, to Lord Polwarth. Edinburgh,
28th October 1693, in reference, inter alia, to a gown for him as an
extraordinary lord of session. " .... I cannot think at present
of any goune for your lordship, if it be not the D[uke] of Lauder-
dailles. If it be in the young countess her custodie I know you may
command it, and I will know that on Tuesday next, God willing, for
she is in this tonne. The persone I am to send to her will not ingadge
to goe sooner, because the sacrament is to be given here to-morrow, and
Munday will be a preaching day. The late Argyles was sold be his
sone Charles to my Lord Strathmoir. I can think of noe other for the
Register, Sir Archbald Frimerose, his goune, was only a clerk's goune
with something beyond the ordinarie clerks, but will not suit with your
lordship as ane extraordinarie lord."

Another letter from the same writer, on 3rd November 1693, says,
. . . . " I have spoken with Jerviswood anent your goune, and he
had thought vpon the Earle of Kincardins, but Queensburie got that
when he was made ane extraordinarie lord. James Hay hes written this
day to Blair-Drummond to know what is become of the Earle of
Perths ; if it be not disposed vpon (quhich I can not beleeve) I can make
your lordship sure of it, and I will get the answer next week. I have
not got ane accompt as yet what became of Lauderdales, but I hop to
have it to-morrow," &c.

168. Letter, John Murray, Earl of Tullibardine to Lord Polwarth,
Chancellor of Scotland. "Whitehall, 19lh December 1696. « . , . .
On Tuesday last the King called me into his closett where I was above
an hour, and gave him a full accompt of the proceedings in Parliament,
but before I began he told me he was very sensible of the good services
I had done him, and when I was going out he repeated the same and
gave me many thanks for what I had done. You may be sure I coud
not give an accompt of the Parliament without telling the great shaire
you had in his service, besides, he askt how you caried as Chancelor.
My answer was, that if his Maiestie were yett to choose he coud not
have choosed one that was fitter for itt. I have also acquainted his
Maiestie with your lordships zeale and diligence at this time and the
unanimity and concurrence you have of the Duke of Queensberrie and
othei-s in the Councill ... I am veiy glad you agree so very well
with the Duke of Queensberrie and Argile ; I wish it may continue;
the first is not behind with you in writing very kindly of you. You
have writt nothing of the meeting of the Generall Assembly, which was
adjourned to the 2nd of January, which being just a yearc since the
last adjournment, I thought it was proper to advise the King to allow
them to meet tho' it were for a very few dayes, and then they might be
acljourned to a short and more convenient time ; so I believe the King
will doe so, tho he is not inclined they shoud meet in the time of the
English Parliament. My Lord Carmichel must be the Commissioner,
who I hope will not decline itt at this time, since I am confident the
n)inisters will considder so much theire own interrest as not to give the
King any uneasines by theire proceedings," &c. [A long letter, but
not specially important.]

169. Letter, jNIr. Robert Pringle, Under Secretary of State, to I/ord
Polwarth. Whitehall, 4th January 1697, '« . . .' . Whilst I write

y 78298. i

180

Marchmont to youi- lordship, Whythall is in flames and a verie dismal sight ; the fire

— ' broke out about 3 in the afternoon, and hes alreadie consumed all the

royal lodgings both on the water and privie garden, so that I think

there is litle of it left but the banqueting houss," &c. [This letter is

properly of date 4th January 1698. See infra.]

170. Letter, John, Earl of TuUibardine, to Lord Pohvarth. White-
hall, 19th January 1697. Asking for a report from the Privy Council
of Scotland, with information as to the privileges enjoyed by the
Scottish nation in France, that instructions may be given to the English
plenipotentiaries for the treaty. " They still make a noyse here about
Aikenhead, but it is either those that have litle of religion themselves,
or would fain have something to find fault with in our actings, because
they cannot find anything materiall ; but, as I wrote, it has been ane
ommission that I was not acquainted with the particulars of his tryalland
other circumstances of it, which the soUicitor ought to have given me.
I would be satisfied to know what age he was of. Your lordship will
see in the prints (particularly in the " Postboy " and " Postman ") that
they would aggravate the business. I cannot yet make them give
account of their correspondents in Scotland, but it seems they are none
of our freinds," &c.

171. Letter, the Rev. William Carstares to Lord Pohvarth. London,
21st January 1697. "There is little of moment passeth here. Sir
John Fenwick dies upon Saturday. Earl Monmouth continues still in
the Tower. There is nothing like a breach betwixt our Secretaries
[which had been reported] .... There is no appearance of changes as
to persons at present in trust where your lordship is, nor doe I hear that

the King hath the least inclination to alterations I shall

presume in a post or two to send your lordship a cypher [*ee No. 135
supra] and then shall write fuUie as anything occurres," &c.

172. Letter, addressed " To Mr. John SpreuU, merchant in Glasgow,
Scotland" (Collector of the Relief Fund for captives in Barbary).
" Sir, This is now the 2nd I have since my dismall captivity, and since
the reception of your charitable supply of 6 per | sent to testifie my
thankfulnes, and present my humble and hearty respects to you, praying
God sincerely to remunerate you for your great kindness in contributing
so graciously to the preserving of our perishing and decayed bodys
alive which hitherto ye have in a great measure done. I need not, I
think, neither can I suflBciently express the misery we poor captives
daily undergoe, the weariness, cold, hunger, hard work, and the
incessant labour with continuall blovves, minutely almost, received from
the hands of bloody, merciless, savage and cruell Moors and Negroes
who are our rigide and severe drivers and taskmasters. We were 12 in
number about a year agoe, transported from Macquanes [Mekines], the
seat of his tyrannicall Majesty, to Thetiwan [TetuanJ, some 5 or 6 dayes
journey northward, and on day from Tangier eastward, on the Straights,
where we are employed in the service and assistance of a Turk who
hath here erected a boom hou.se, and maks mortar pieces and booms.
Our work is hard and most untimely, nights maney times, so well as
dayes, and our allowance is a black cake of barley bread which dogs
will hardly eat, and water; nothing allowed us for cloaths, and our
lodging a deep dungeon, wher about 100 Moors, murderers, and other
malefactor.", make it ther recreation to plague aud torment us, so that
truly Egyptian bondage while in its vigor was far incomparable to our
captivity in its extremity, and no charity in the world greater then wha

131

is given to poor slaves. I shall adde at piesentt no more but my hearty ^^^ss"***
thank and resentments for all received favours, with my respects to —

yourself and family, wishing you all health, happines, and success. I
remain ever. Sir, your humble and deeply oblidged tho nou distressed
servant, James Germany.

Thitiwan, in Barbary, January 26th 169f . Pray Sir, present my
love to Ja. Montgomery, his wife, and family. Cuthbert Glass, who is
here also, presents his respects unto you. Our mate is escaped and
gott his liberty, and William Akine and John Crawford are dead, and
nou we are reduced to the number of 6 here and Fes."

173. letter to Lord Polwarth from John [Paterson], Bishop of
Glasgow. Edinburgh, 16th March 1697. That he cheerfully submits
to the sentence of the Privy Council, He desires the Chancellor to
procure for him *• either the libertie of the shyre of Fife in generall, or
at least ten myle.s arround Coupar there, which I earnestlie desire not
for ray owne personall ease, but for my numerous familie ; that so I
raioht the more convenientlie setle it in some litle towne or house in
the east corner of Fife, neer tho seashore, whither I might be able to
transport it from this citie by water, and so at the less charge. I
designe to live out of all roads that 1 may give the less offence or
umbrage to such as may look on me as a pragmatique man, and Coupar
is in the high road from north to south, where I desire not to live if I
can avoyd it." The writer concludes by requesting that he may not be
required to go to the place of his continement till Whitsunday, that he
may provide a house for himself and femily.

174. Letter, the Earl of Tullibardine to Lord Polwarth. Kensington,
20th March [1697]. Regretting that Lord Polwarth is not coming to
Court as was proposed. "I shall spcake againe of your title when
my month comes, if you doe not writte to Sir James [Ogilvie] to doe it
before. But I wish you woud choose some other title then Berwick-
shire, for the toun belonging to England, tho the shire does not,
perhaps the King may scruple at it, being extreme nice in what concerns
England. I am very ill satisfied with any that caries or speaks
di.si'espectfully to your lordship whatever hand it comes from. As for
the Justice Clerk [Adam Cockburn of Ormiston], I am sensible he is
very hott, and I both have, and if I were with him its like, woud ditfer
often in measures, and all the opinion I have of him is that he is very
firm to the present establishment, and I belive will not tell a falshood.
As for his being my frend, I cannot say much more then that I belive
he prefei's me to some others. But its plaine that since nether your
lordship or I doe engadge in parties we are not so well liked by ether,
and that we Irnve a hard task how to carie when theire heates grow
high, but I am sure we both follow that which we judge is right and
reasonable, which I doupt not will cary us thro whatever uneasines or
envie we meet with," &c.

175. Letter, James Johnstone (some time Secretary of State) to
Lord Polwarth. London, 17th March 1697. "The opportunity of
bearers is but rare, and I only hear which makes me not writ. Besides,
my convei-sation is amongst the English, where I doe you what service
1 can when there is occasion for it, as there was lately about the
businesse of Aikenhead, which I coloured to the English as much as
I could, tho I own to our Scotch I frankly disapproved of it. I can
make noe other jugement of our affaires, but that they will goe on as
they are till a peace, or towards a session of Parliament which its like

I 2

132

Maechmont the king will hold himself in case of a peace. The king thinks a
■'^' peace certain in case he can have money to get the army in the iield in

good order and in due tyme. My Lox'd Shrewsbury is now mightily in
favour, and there is a verry good understanding betwixt him and my
Lord Sunderland, so the secret and weight of the Administration is
wholly in them two, and I am told the king will doe verry popular
things when the peace corns. The bishop of Salisbury is of great use
in the House of Lords, and is at present more in favour with the king
than ever he was, or ever 1 thouglit should have been," &c.

176. Letter, the Earl of Tullibardine to Lord Polwarth, Kensington,
30th March [1G97J. " . . . .1 find we have, and I hope alwayes
shall agree in our publick measures, and I'le assure you without
compliment I have as good opinion of your sincerity and way of acting
as yourself can wish, for I am perswaded that to doe right and justice
without respect of persons or parties is your desire and aime, and with
God's assistance it shall be mine," &c.

177. Letter, Mr. James Johnstone to Lord Polwarth. London,
1st April 1697. *' You doe me great justice in not believing of me what has
been told you. As to the government I absolutely abstain from medling,
in so much that I have not written to nor heard from some of those with
you in Scotland, whom you reckon my best friends, these six moneths,
and its not verry credible that I who have been Secretary will be a litle
agent. As to talking, I have said nothing since I was out but what I
said when I was in, and if then I did not designe to reflect on myself,
I cannot nou be supposed to reflect on you or some others whom I
alwyse agreed with. I live well with both secretaries here, which
could not be if some men's tattle was true. The truth is 1 have the
same thoughts of men and things that I ever had, and of which my
mind is well known to you." He claims that Lord Polwarth owes him
a debt for service, and proceeds, " The occasion of what is said is my
speech to your friends against the businesse of Aikenhead, and your
share in it, but it was to your friends, and Scotch ones. To the
English ones I made the best defence I could. In short, that man's
life might be taken by all laws, both of God and man ; but every thing
that is lawfuU is not expedient, and as the Presbiterians are stated here
they could not have given themselves a greater blow. I say not in the
opinion of libertins but of the body of this nation. A wyfe thats
jealoused most shun even the most innocent appearances. They are
accused by their enemies of a bitter persecuting spirit and suspected by
their friends of it. The libells and clamour of the outed clergy have
hightened those thoughts of them so the least appearances passe for a
proof even amongst their friends. Should I tell you matter of fact
you could not believe it. The wisdom of the serpent is recommended as
well as the innocency of the dove. So as to witches that there may be
such I have noe doubt, nor never had, it is a matter of fact that I was
never judge of But the parliaments of France and other judicatories
who are perswaded of the being of witches never try them nou because
of the exi)erience they have had that its impossible to distinguish
possession from nature in disorder, and they chuse rather to let the
guilty escape than to punish the innocent. If indeed there be malifics,
they punish those malilics according to the laws and the nature of
them, Avithout respect to the principalis whence they proceed," &o.

178. Letter, Sir James Ogil vie, Secretary of State, to Lord Polwarth.
Whitehall, 1st April 1697. "I have gott a memoriall from Sir

183

William Turnbull, the Secretary of State, concerning tuo Scottsnien MAKcmio^fT

Mrs. Hunter aud Chapman, who it seems were both concerned and ^^•

confederals with Kottar, who hes stollen some of the dies forcoyneing

out of the Tower. It is informed that these tuo are fled to Scotland

and are sheltered in the Minthoasff." The king wished them to be

seized and sent to London to be tried. After referring to Sir George

Hamilton's appointment as commissary of the army, he says, " Mr. John -

stoun hes gott a letter for 4,000lib. sterling out of the comjiositions

to be given for the renewing the leasses of the Bishops teinds. .

The king did promise to provide for him a litle after he removed him

from being Secretary, and by this he has fuilfilled hi.s promise. . .

The laird of Kailburn is put both upon the Councell and Exchequer ;

he's a verie understanding man and will be usefuU," &c.

179. Letter, Kenneth, Earl of Seaforth, to Lord Polwarlh, dated
2nd April 1697. Thanking him for his favours, which Lord Polwarth
will have no reason to regret. " I am sory Coloncll Hills orders
concerning me provs a mistake, however I hope by your lordships
means it will wrong nither of us, and for my being some time at my
own hous it was after my su render at Inverness, and by the comanders
allouance on his being secure of me on the least call hy reason of my
health ther being no gocni acomodation ther, and my bous within half
ane hours sailing of it, so that it hade been sever to obstruct my lil^erty
on that account," &c.

180. Letter from Sir James Ogilvie to Lor<l Polwarth. Whitehall,
6th April 1697. "... As for the Earl of Seaforth, I think his
captan ought not to have aloued him to Ije att libertie without your
lordship or the couucels alouence, bot you will certanlie take wayes
to know hou he came to doe it. . . . the Bishop of Gla-^gows
confynment might have been to some place yet more retyred then
Couper, it being on the hy rod from the north, bot I am affraied if it
be altered, he will carie it to be some place yet worse, so it is better to
hold it as it is," Ac.

181. Letter to Lord Polwarth from Sir James Stenart, Lord Advocate.
Edinburgh, 10th April 1697. " Baillie Broun brings me one Alexander
Waddel, merchant in this town, whom he attests to be an honest man,
and Alexander sayes that yesterday at the toun of Paintlaiul he was
told by an honest man that the Papists have had great meetings and
feastings at and about Roslin since Sunday last, Pasch day, and that
they have had a preist lodge<l neirby all this weak, and they ar to h&\e
high mass to-morrou the eleventh instant about the sun rising at
Roslin house. My Lord, I think Sheriff Calderwood may be ordered
to goe and sease this preist and take notice of these meeters for the
concern of the government, and that ray lord Teviot may order him
the assistance of a partie necessarie to be convejed there as secretly
and justly as can be contrived," &c.

182. Letter, Mr. Robert Pringle, Under Secretary of State, to Lord
Polwarth. Whitehall, 15th April 1697. "... I wrote in on of
mine to your lordship that my Lord Tullibardin was not satisfied with
Kelburns being made on of the Councel and Exchequer, but I find now
he hes pushed his resentment too farr ; for after the king had signed the
letters he wrote to the king dissuading him from it, and representing
Kelburu as a person verie nnfitt for these trusts and giving him such
a character, as if true must have reflected much upon Sir James

134

Ma&chmont [Ogilvie] who recommended him. This the king was dissatisfied with
__■ and exprest himself not much to Tullibardin's advantage for being too

readie to give such characters of these who are not of his pairtie, and
I beleive took wayes to lett Sir James know what the other had Avritt,
which made him the more readie to justitie his recommendation to
the king when upon Tuesday last he called them both before him.
At their first comming in he told them that he was not willing to
think of being anie more troubled with such differences as was
betwixt the Master of Stairs and Mr. Johnston, and that he would
recommend it to them to avoid them ; that he had no sooner signed
a letter naming Kelburn a Councellor, but he receaved on from my
Lord TuUibardin as if the whole happiness and Aveelfare of the nation
had depended upon it. TuUibardin was not a little surprised with this
and began to I'ecede a litle from what he had writt. Sir James took
occasion to justifie what he had done, and after some debates the king
told them he would have no more of it, that he would not retract what
he had done. After they left the king and had reasoned a litle betwixt
themselves before my Lord Selkirk, there was a seemiug reconciliation
made and they carry non to on another as formerlie. What I have here
writt is knoun to verie feu, and perhaps the Secretars will think it there
interest it should be concealed and which, though I knou it needless 1
must presume to desire your lordship not to notice to anie. I thought
it my duety to acquaint your lordship with it, that you may the better
judge hou the king is affected to those that serve him," &c.

183. Letter, the Earl of Tullibardine to Lord Polwarth, Kensington,
24th April 1697. Announcing the signing of his patent as Earl of
Marchmont.

184. Letter, Colonel John Hill to [the Earl of Marchmont], Fort
William, 26th April 1697. Sending " my Lord Seaforts bond perfected
in forme according lo the king's letter, wherin are cationers the lairds
of Brodie and CuUoden with most of the earles most considerable freinds ;
as alsoe Locheiles bond of 500/». sterling, Sir Hugh Campbell oi" Calder,
cutione]', and shall send Gleiigary's hou soone I get it. They desire to have
up their former bonds. Those in Mull were (according to the Councells
order) liberat by my Lord Argyll who tooke bonds of them. The new
prisoners in Mull of whom I gave your lordship an account in my last, I
desire your pleasure concerninge them. I enclosed tiie bonds to Sir
Gilbert Elliot, clerke of the Couucell, as the order required. All is
here in perfect peace ; only some are stealinge to prevent starvinge,
seueralls have dyed of want not far from here,'' &c.

185. Letter, William Earl of Anuandale [address and place of writing
wanting], 28th April [1G97?]. "... I can give you verrie little
from thiss, our newes must come from you. I pray God they may be
good and acceptable to the nation, for thiss poor cuntrey had much need
oft" encouragement under the circumstances they are like to be in.
Never greater appearance oft" severitie and want, for heare is the severest,
coldest, unkindliest season that ever has been seen," &c.

186. Letter, apparently to the Earl of Marchmont, from Hew Cathcart
of Carleton. Ayr, 1st June 1697. Informing the Chancellor of a
complaint to the Ayrshire Commissioners of Supply by Hu^h Fergusson
of Finnarts, in the parish of Ballantrae, in the mouth of Lochryan on
the borders of Galloway. " a place much hatmted by privateires " giving
an account " of nnc cruel! and barborous treatment he mett with, from

135

a French privateir, who come in to that place vpon Sunday last. They ^-^^fs^®*'*

stripped himself naked, beat and wounded him, took him prisoner, tyed — '

him naked as he we?, threatned to carie him to France, pilladged and

robbed his house, and left him nothing therin, no, not soe much as ane

cloath to wrap his poor young children in, left nothing about the house,

but vsed severail wther acts of crueltie to himself, his wyfe and familie,"

&c.

187. Letter from the Earl of Portbnd to the Earl of Marchmont.
" Du Camp de Cockelsberg, ce ^f juyllet. Monsieur, Jay receu I'honneur
de la vostre du y'y de ce mois avec la copie de la lettre que vous escrivez
au Roy touchant ladresse de laCompagiiie Afrique d'Escosse. Cette atTaire
est embarrassante et vous verrez par les ordres aus secretaires d'Etat
quil sera difficile de rien determiner sur ce subjet devaut que sa Majeste
retourne en Angleterre. Elle est cependant fort satisfaitte de la
conduitte que vous i avez tenu, dans laquelle elle souhaitte que vous
contiuuiez pour empecher que cela ne soit pas pousse trop loin et quo
malvoeuillants ne se sei*vent pas de cette occasion pour alieuer les coeurs
flen bons subjects et serviteurs du Roy." The writer further states he
will be glad to serve the earl's sou in oljtaining for him leave to quit
the army and go home to be married.

188. Declaration by " Hector Aiton, printer, servitor to Mistress
Anderson, his Majesty's printer,' dated at Edinburgh, 2nd August 1697,
that he had " re<'«aved a paper from Mr. Roderick Mackkenzie, called
a memoriall to the citey of Hamburg concerning the Scots Afiican
Company, and [he] desired me to print and publish the same ; and that
I went with the said paper to his Majesty's Advocatt to procure a licence
for the printing of it, and accordingly he took the paper out of my hand
and read some lines of it and desired me to print it, and said that he
would hinder nothing to be printed relating to that Company, and their
own authority was sufficient."

189- Letter to the Earl of Marchmont by Mr. William Vetch,
minister of Dumfries, 2Jst September 1697. Complaining of the
conduct of a company of foot soldiers then in Dumfries. " The Captain
Bailie and his lievteuant the very first night went up to the prisoner
Pettinci"eife, and the scum of the place with them, some of them that
were before the cownsel, and drank till 12 at night, and went sadly to
their lodgiugs; and so they hold on daylie, sometymes with the Papists
invited to feasting and drinking, sometymes with the greatest Jacobites
or both together, and this is there trade. They haunt with non thats
sober, and for the government ; and they come not to church, and they
have brought no money for the souldiers, bot old 40 peny peices quhich
occasiones great troble, they not being currant in this counlrey." The
writer presses for the removal of the company.

190. Letter to the same from ••Archibald Mure," Edinburgh,
22nd September 1697, who informs the Chancellor that he had received
from the Ministers and Magistrates of Edinburgh a list of the " Popish
families " residing there, and he now waits farther instructions. He
further states that on the previous Saturday there were ringing of bells
and illuminations in honour of the conclusion of peace. [The writer of
this letter appears to be Sir Archibald Mure of Thornton, Fife, then
Provost of Edinburgh.]

191. Letter to the same from Sir James Ogilvie, Whitehall,
23rd September 1697. "... My Lord Tullibardine ioforuis me

Mab^hmont that he has writne to your lordship to prosecut that affair of Ockons. I
— ' doe join my desire in that mater. What usage he hes mett with is noture,

and tho you have no legal proofe that it was done by the Earle of
Seaforth's order, yet you have what is convinceing, for the barbaritie has
been committed within my Lords lands, and none durst use such
practices ther without his order; and the cause of al is weal knowen, his
turning Frotestant and marrying ane relation of my lords. Therfor in
justice my lord ought to be imprisoned if he doe not present him."
The writer suggests that Lord Seaforth should be charged on his bond
to appear, and warned of his hazard if he failed to produce " Ockon."

192. Letter, Sir James Ogilvie to the Earl of Marchmont, from
Whitehall, 30th September 1697. Thanking the Chancellor for his
success in preventing a mutiny designed at Berwick. Also sending the
deposition and bond of presentation of a man named Ogilvie, a merchant
in Edinburgh, who had been in France. On a former occasion he had
asked n pass frorii the Secretary to go to Holland, and returned with the
boat bringing the news of the peace. In an interview, howevei', with
the Secretary, he inadvertently admitted having been in France. He
was then told his life might be forfeited, and he was severely examined
by both Secretaries of State, but apparently without much result.

193. Letter, the Same to the Same. Whitehall, 9th October 1697.
" . . . T doe not hear that the king is expected sooner then the
midle of November. Ther is on Barklay hier, who is sone of Sir Eobert
Barklays of Pearstoun, who was taken in a Swedish ship comeing from
France. He sayes he was only at Burdcaux, and that Robert Watson,
merchant in Edinburgh by indenture, was obleiged to send him to France.
He is now verie earnest with my Lord Tullibardine and me to procure
his liberation (he being at present in the niessingers hands), and he is
willing to find baile in the usuall forme. We have lykewayes Arbuthnet
and Hay heir, whose circumstances your lordship knowes ... I
ame informed also that the inteir crew of the sliipe that brought over
Arbuthnet and Hay are as yet detained prisoners. Your lordship shall
be aquanted with what we doe concerning all theae, and if his Majestic
were returned I shall endeavor to knoue his commands as to what is
to be done with all those hes bein in France. I ame sure ther are
aboundance of them, and it would have bein more proper to have
prosecute them in the time of warr then nou, bot the Government hes .
bein hithertoe verie merciefuU," &c.

194. Letter to the Earl of Marchmont from Sir James Stouart, Lord
Advocate. Edinburgh, 18th October 1697. " May it please your
Lordship, I send you a parcel of letters, that no doubt will be verie
surprising. I receaved them just nou, and have not heard of a more
insolent action, and so op{)enly avoued by the verie actors. I shall be
glad that my ladies capitulation free the gentlemen from their captivity,
but it is impossible the Government can pass such an insult. I hear my
lady is concerned for her brother and my Lord Saltoun, for thir wicked
men sueer that if they be not indemnified they will burn them quick;
but, my lord, I will offer no advise on the suddain, only wishes the
gentlemen prisoners were in safty, and then I should think that the
honour and interest of the Government should be vindicat. At any rate
I intend to give no ansuer to Colonel Hill till I hear from your Lord-
ship." [This is the first letter in the Marchmont Charter chest relating
to an episode which excited much sensation at the time, namely, the
outrage conniiitted by Simon Frascr of Beaufort upon the elder Baroness

137

Lovat, and his violent seizure of her brother and Lord Saltoun. The ^*^^fg°"
letters referred to included, besides a despatch from Colonel Hill, a letter — '

from Simon Fraser himself, giving from his own point of view an account
of his capture of Lord Saltoun. A copy of this letter will be found on
pp. 56-58 of Part VIII. of the twelfth report of the Commissioners on
the Muniments of the Duke of Athole. There are in the present collec-
tion a considerable number of letters relating to this subject, many of
them from the Earl of Tullibardine, who was the brother of Lady Lovat.
But only a few are given here, as the letters are chiefly repetitions
of each other, being couched in terms of great bitternest^ against
the assailants, and urging that immediate steps be taken for their
apprehension and punishment.]

195. The first letter of Earl Tullibaixline's which refers to the subject,
addressed to the Earl of Marchmont, Lord Chancellor, is dated White-
hall, 22nd October 1697, In the postscript he says, '* I have heard by
this night's letters that Beaufort elder and younger have committed
incredible barbarities against my sister Lovat, brother, and Lord Salton,
which no doupt your Lordship has had an accompt olF, and I litlo doupt
vou have been concerned to give effectual orders for punishing the
acioi-s as such crimes deserves, and that a strong pairty is sent to
bring them prisoners." [A few days later he writes again in the same
sti"ain.]

196. Letter on the same subject to tlie Earl of Marchmont from Sir
Patrick Murray. Edinburgh, 1st November 1697. Iiiforming the
Chaucellor that a quorum of the Privy Council had appointed the
Sheriff of Inverness to raise the " posse comitatus " of that shire, " and
if that prove not effectuall for bringing those rogues to order, he is to
call Hill's regiment and fyve troops of my Lonl Porbes his dragooues
(who are lyeing towards the north) to his assistance, who are ordered
to obey his call, and if it be necessare he is lykewayes to call for the
assistance of the neghbouring shyres . . . the business is now
publict, and I ame affrayed the chieff of those villanes may make their
escapes." The writer adds lord Tullibardine had written expressing
an opinion that the forces were too long delayed, but Sir Patrick thought
it " safer now to use severities against them then when the prisoners
were in tlieir power."

197. Letter, the Earl of Tullibardine commenting on the situation,
dated Kensington, 2nd November [1697]. He desires that a commission
should be granted ''to my father's men and mine to jovn with any forces
to apprehend the authors and their assistants, and it will be a mean to
take off the affront that our family has suffered by it that our men do
bring them to justice. It seems there is much reason to look well to
the countrey thereabout and to have forces quartered there, for ray Lord
Seaforth is continuing in his acts of oppression likewayes. I doubt not
but your Lordship will see that that business of O'Cons be effectually
prosecuted and that my Lord Seaforth be brought to answer for it.
These things concern both the justice and honour of the Government
and do make a great noise here, and people take occasion to blame the
managers that such things are done, but it's impossible to prevent some,
tho' I am confident the courses that will be taken with the authors will
make it appeare that the Gorernment does act with authority and
vigour."

198. Letter, on same subject, by Lor<l Forbes. Inverness, 19th
November 1697. '' In obedience to the councell orders I made all the

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^^^88.°*'* hast possible to this place. I came here Fryday last, the Athol men
— ' were this length the night befor the herald came along with them.

Saterday he went about his business. That noe time might be lost, I
doubled the march of the troops, soe that against Monday at three
o'clock, against which lime the fourty-eight hours were expyred, I had
got four troops up. Immediately after denuncation I sent out three
troops to joyu ane hunder and fyftic foot. I had posts to hinder tliere
raising of the country, but the approach of the King's forces hindered
them from coming to a head, though befor they were thought to be very
strong. Next morning I marched out another troop and the rest of the
foot. Captain Fraser with a few of his adherents left the country.
The Lady Lcivatt came that day to me to her houise of Castle Downy.
I sent partys of dragoons and foot everywhere but could find none in
armes; this was in a place called the Aird. As for Strathharrick most
of thes men came in befor denuncation there being nine of them in the
.sherieff's hands, I mean the leading men of the country. Since Monday
last we had most tempestous weather of snow and great frosts that was
(sir) it difficult (ravelling amongst the hills. I brought back the troops
this length and am falling on other methods to force thos who now lurk
up and down ; it is the hardest matter in the world to find any guids or
gett intelligence ; however, if they keep the countrys here about I hope
they may be found. 1 will assure your Lordship nothing has been
wanting in me to doe things effectualy. I find for as many frauds as
they have there is a groat deall of respect had to the Government, soe
as they will not openly assist him. Finding there was noebodie of ano
enemy, it being my Lord James Murray desyre, none of.Athol men past
the bridge of Inverness; this day they are gone home. My Lord
James Murray and the rest of his brethren with tiiere sister, my Lady
Lovatt, are gone the low way to the Marques of Atholl's house, that all
shadow of force or constraint on our side might be taken away. When
first I waited on her I told she was at liberty and desyred to know
whither she would stay at her own house. She told me she would
goe along with her brothers to Inverness. She lay that night at a
gentleman's house hard by, the people hereabout making a noise as if
she were caryed away by violence. I went again to her to know her
inclinations who gave me this declaration in wreating. As for other
matters it not being injoyned me I did not medle. The shirrefF remits
ane accompt of his diligence with a paper under her hand of her being
at liberty. The effectuallway for bringing in such as are outlawet now
will be the placing of a garrison in Castle ])owny or Phunellan, which
may be taken out of this garrison, that is for the Aird. As for Strath-
harrick there is noe house in it, but it is surrounded with other gan-isons.
I would have left men there immediately, but would not adventure
without your Lordship's order." He desires instructions as to the
disposal and quartering of the troops.

[On 26th November Loi'd Forbes again writes from Inverne?s.
". . . My Lord, since my last the storm has increased. Simon Fraser
and his acomplices being few in number are retyred above thirty myls
from this. I have posted the troops, that if he come near the country
of the Aird, if the intelligenci; and correspondents hold good, I may
catch him, because it is impossible to march from thai place without his
being acquainted. I have posted a troop at Dingwall in Koss, wherby
I can enter my Lord Lovatt's country in ane hours time, if he shall
offer to come. The other day he came within five mylls of this with
about twenty men, but retyred immediately. I have still some partys
out, l)ut till there be a garrison in Phanellan or Castle Downy, in this

13»

weather little can be done ; the whole country are intirely addicted to Mabcmost
him. Your Lordships orders upon all this shall be punctualy obeyed," — '

<Jtc.]

199. Letter to the Earl of Marchmout from Robert (Macgili), second
Viscount of Oxfurd. Crans-ton Macgili, 2nd December 1697. He
reminds the Chancellor that it was not in his power to leave his own
hou:?e because of the sentence of confinement under which he lay.
" You can not but know how patiently I have suffered this eight years,
ueather would I give the Privy Councill any troubell on my account if
absolute necessity did not oblidge me to it." The writer earnestly begs
permission to be in Edinburgh to attend to his affairs, and Ijeseeches the
Chancellor's influence on his behalf with the Council.

2CX). Letter from the Earl of Tullibanliue to the Eail of Marchmont.
Kensington, IGth December 1697. After referring to some matter of
customs duty the writer says, *' Your T>ordship is certainly in the right
that many abuses the soft and forbearing metho<ls are taken, nay I find
(as I touche<l befoie now more clearly) pain*i is taken to have it insinuatte
that there is no government in Scotland, which is the very words are
saide, and that your Lordship has no autbority, and that crimes are lett
falle or but slightly noticed. I am iuformeil within these two dayes
that it is concerted that Earl Argile should be Chancelor. I challenged
the Duke of Quecnsberry on itt to-day, but he sweares he knowe#
nothing of itt. I am apt to Ijelive him, but I susi)ect much that the
Advocat and Carstairs are pushing itt. The last continues to work by
the back door, and I roaly belive bas been a black sight as we .say, to
Scottland, by misrepresenting honest men, and other methods which 1
phall not noAv insi!"t on. 1 wish the ministers woud send up some here
to agent what concerns them and recall Cairstairs. Your Lordship
will take your own metho<ls to forward at least the first, I meane to send
up some mmleratt discreet men ; I kno it is designed by the ministers.
. . . The King asked me yesterday if ycur Lordship was not grown
old. I answeretl that you were not much older then the last yeare that
his Majestic had ajminted you his Chancelor and that your age did not
hinder your doing your duty faithfully to him, and that there was none
in the government coud be more trusted to for your faithfulnes and
sincerity ; and then I begun to think that there had been some insinua-
tions made, so I added that I belived some people did alledge that your
Lordship had not that authority that was nee<lfull, but I assured him
that if I were yett to name one, 1 knew none was so fitt for that ix)st,
and that if you had caried highly some woud have been much readier
to object that there was no living with you, &c. But before T had
ended what I have writt, the King interrupted me and said that he knew
your Lordship was a very honest man and that he had a good opinion
of you.'' The writer further states that the King was uncertain about
his goiug to Scotland and comments on a proposal lo "break" the
Scottish Parliament. In a postscript he says, *• The pacquet that was
due on Munday last with your Lordship's letters of the 7th came in this
day [Thurs<lay] at one o'clock, and the letters were so wett that I had
much difficulty to read them and hold them together, and wee want still
the pacquet that was due yesterday ; it seems the waves must be very
bad and the waters very much up."

20L Letter to the Lord Chancellor from " Al. Anderson," Inverness,
17th December 1697. He writes that the Councils orders regarding the
Erasers had reached him. " Since my Lord Forbe:- left this and that

^^S8i*^^^ they have been intercommuued, they are removed to the remotest parts
— - of Strathglash eighteen or twenty miles from Invernes, where be

reason of the distance of place, diiticulty of its accesse especially the lime
of storm, the constant guards they maniain upon tliis side, all the
countrey between being their friends, and even this town from whence
we march favouring them, nothing could be attempted from this side be
.sur|)rize or otherwise with any probabilitie of successe. The garrison
of Invergery being about seven or eigth miles distant from the parts they
haunt, to witt, Grlenstrafarrer, Glencannich, and Gruisichen, is reinforced
from Fort William in order to surprize them from that side as the surer
way, with whom I keep a constant correspondence to that effect, though
ther is little likliehood of getting anything done, till the storm be over,
that at present is very great in those parts. I had a man with them
Saturday last, who gave the following account : That Captain Frazer was
in Glenstrafarrer (old Beaufort his father 1 ame told is in Skie), with
him was Ercheit, Kilbockie, Kilduthol younger, and his uncle sometimes
called the Major, Struy, younger, Culmullen, and one McHuisten, all
Frazers, and about twenty-four or thirty men, some of them with the
livery of my Lord Tullibardin's regiment on them. As he was going
thither he was challenged at six miles, and again at two miles distance
fi^om them. They seldom ly where they supp, and never stay more
than one night in a place. 1 will strive to gett intelligence of them and
observe their motions, though at present they make very litle noise where
they are," &c. The writer concludes by asking if the orders of the
Council are meant to warrant against all accidents that may occur in
executing the orders against the Beauforta.

202. Letter from Sir James Ogilvie, Whitehall, 2l8t December 1697.
Positively denying that the Earl of Argyll was a candidate for the otHce
of Chancellor. " This is falce to my certau knowlege for I know he
neaver projects that imployraeut. He hes on more lucrative and more
sutable to his inclinations, and if you needed it against him or any other
you would have all the assistance in my pouei'," &c. [The Earl of
Argyll and Mr Carstares also wrote contradicting the report, the latter
also declaring that the report about the Parliament was likewise false.]

203. Letter, the Earl of TuUibardine to the Earl of Marchmont,
Kensington, 3l8t December [1697]. "... I reade [to the King]
your lordship's letter to me and the memorial to the Councill from the
African Company. His Majestic was not at all satisfied with the
reflecting expressions, and hoped that your Lordship woud gett it waved
from coming into Councill in that manner, for if the English here gett
copies of itt, the King will be sett upon and all our nation by
the English Parliament, which you may imagine will prove of bad
conse<iuences if difterences shoud come between ether the King or his
Parliament here or the two nations, as God forbid. Wherefore the
King expects that your Lordship will use your utmost endeavours to
smooth things, especially at the time of the Parliament sitting here.
Is it not possible for your Lordship to gett the Company to change the
address and keep the matter of fact in and leave out the reflecting
expressions ? upon which accompt, it being a matter of State, it was very
proper for your Lordship to keep itt ui) for some time until! you knew
the King's mind, which is, that his Majestic allows your Lordship to
aignifle to the Company that the King has sent directions to his resident
at Hamburg, as he writt from Flanders in July last, and that his
Majestie does belive his said resident has not made use of his Majestie's
uame to obstruct the Company in the prosecution of theire trade. It is

141

not proper it be mentioned that the King has seen the memorial to the ^Iabchmost
Council! which ycur Lordship sent. I hope the above declaration in — 1'

satisfactory, which is indeed an answer to your Lonlship and not from
the King to them," &t'.

20'1. Letter, the Ear] of Argyll to the Earl of Marchmont, London,
4th January 1697-98. Inter alia he writes, " This minutte WTiytehall
is in fyre. All allmost looking to the watter syde is burnt down ; how
fair it will goe I know not. The gates are shutt up so I can send no
particular account." [See also letter of same date from Mr. Priugle
supra, No. 169.]

205. Letter from Sir James Ogilvie. Whytehall, 5th January 1698.
Acknowledging a letter written in Marchmont's "own hand," he sars,
" I cannot writt this with myne, for I find my eyes waike with the sitting
up the last night and looking on the fyi-e. All the palace of "NVhytehall,
at least what was built by King Charles the Second and King James, is
burned downe; there remains litle but the banqueting house, and the
Earle of Portland's loadgings, and both these were saved with great
difficulty. My lord doth not goe till the next week, the greatest part of
his furniture is at my house," &c.

206. In a postscript to a letter without date, but probably written on
same day as the preceding, the Earl of Tullibardine writes, " There
happened a fire yesternight at Whitehall in one of the garrets, which
broke out in a flame before the doors could be got open. It burnt so
violently that ther is nothing left on the side of the privy garden, nor
next the water till near Scotlanil yard, .so that the King's apartment,
and the Queen's, the Chapj>ell, Councel Chamber, guard hall, and, in
short, all that was worth the standing at Whitehall, is burnt except
the banqueting house, which with difficulty was saved."

207. A letter to the Earl of Mnrchmont from "And. Kineir," dated
WliitehaJl, 5th January J 697-8, says," . . . This flying packet
will bring your Lordship an account of the unlucky occasion why we
sent no packet last night, for truly this Court of Whitehall was all in
flames at the time. All the royall apartments with the King's chappell
and gward hall, the Duke of Shrewsbury's office, the Treasury OtKce,
Council Chamber, the late King's new chappell, the loug gallerys with
Devonshire's, Essex's, and Villars's, and sevendl other lodgings are all
consumed, and the mine of the bantjueting house it.self verrv holly
disputed. And truly save that and our further end of the garden (which,
blessed be God, has escaped) there is nothing left to bring any person
about it. The best account we yet have of the occasion of it was the
neglect of a lawndress in Colonel Stanley's lodgings near the river.
There are five or six at least destroyed by it, but no persons of any
note. This is enough of so melancholy a relation," &c.

203. Letter (unsigned, and writer not identified) to the Earl of
Marchmont, dated "January 4th, 1697,'' but indorsed by him "4th
January 1698." " My lord, I am informed by a very good hand that
theres a discovery of a designe to have poysoned his Majestv in the
sacrament wine on Christmas day, that such wine was actually prepared
for him, but other things not being ready it was withdrawn again by the
conspirators who are very confident they shall be rid of him before
Lady-day. Some other discoveries of the same nature are made, and I
know that depositions have been taken by Justice Arnold, whom I
mention because I suppose your Lordship may know him, he being the

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^^ Mss!"^^ person that the Jesuites attempted to murder in the time of the Popish
— plots. This discovery is not talked of publickly, and known but to few.

But I thought it my duty to impart it to your Lordship, and pray God
to direct yon and others of our patriots to such measures as may secure
the rehgion and liberties of our native country whenever God in his
justice shall think fitt to punish us with the death of our most excellent
prince, for then our implacable enemies will endeavour to overturn
whatever he hath established."

209. Packet of letters, 1694-1703, to the Earl of Marchmont by
Duncan Forbes of CuUoden.

(a) Letter dated CuUoden, 13th July 1694. Commenting on the
state of the Highlands, and the difficulty of exercising justiciary juris-
diction there,

(b) Fort William, 14th August 1694. Dealing with the same subject,
" which is one of the great and impoilant interests of Scotland, to witt,
how the Highlands may be made tractable to the Government and
peaceable towards their niglibours. Your Lordship knows it hiith been
often attempted yet never effectuated but once, and that in Oliver's tyme
by the same hand that is ingadged in it now. The circumstances of the
people now are much lyke what they were then, and in all probability
the methods of doeing that bussines now must be lyk what was then
practised. And just now being vpon the very tope of it wee easily see
into the bottom of all the affair and whither in reason its possible for it
to goe. As I "wrot to your Lordship formerly wee had begun to exact
lists of all landed men and constant possessors within the Highlands, of
all men liveing upon ther lands, and were takeing bonds of them in the
tearmes of that last sent to your Lordship foi- ther peaceable behaviour.
Wee [Colonel Hill and the writer] are now at this place which is the
heart of the Highlands, and wher wee have gott the same obedience
that wee had in the low countreys ; and from our experience we see
what may be doon, and what not, from whence your Lordship, when it
is once laid before you, may see what ought to be doon and what not.
My lord, ther are but two ways for secureing the peace of the Highlands.
One is to put them in such a condition as ther may be a possibility to
live without ane absolute necessity of takeing away othei" men's gooJs
for ther mantenance, or els to cutt them off; if the first can be brought
about the last is to be avoided if possible. But that same first labors
under two or three difficultys, which I should think insuperable, if 1
had not seen it made practicable in Oliver's tyme, notwithstanding of
the lyke difficultys which stood in the way of peace then. The first
that appears is this, the one half of the Brae-Lochaber, vpon which there
doe live ane hundred and sixty or seventy families with ther Chiftain
Coll Mackdonall of Keppach, doth belong to the laird of Maclntoshe.
These have been possessors as long or before he was heretor ; however,
he hes had them these many years vnder a removall because they will
not highten ther rent to his lykeing. He made them lawless vnder the
lash, of which they ly to this hour, so that if they remove they must dy
or steall. To pay bygons brings them just to the same pass, and ther
is a great incongruity that a pack of outlaws should possesse a gentle-
man's estate, whether he will or not. The parralell of this difficulty
existed exactly in Oliver's tyme, in the persones of this same Makintoshe's
father and Locheall. The last was intercomond, fugitive, and what not,
because he would neiifher remove from, nor highten the rent of the lands
of Glenluy and Locharkaik. But Locheall being greedy for peace, and
quyett as Keppach is now, the English Government stopt Makintoshe
hit dilligence, receaved Locheall into protection, made both parties

143

acquiesce in tearmes, left Locheall and his people in a condition to live ^^fg °"

without stealing, after which tyme whill the regne of King Charles —

Second, ther was never on cow stoUen in all the Highlands of Scotland.

The second difficulty is, that though Makintoshe and Keppach were at a

point, yet is it impossible for the Highlands to live, because all the

purseuts for stealing and robbing, &c., that ever was commenced against

the Highlanders since the 70th year of God, are now sett one foot again,

and brought in before our Court notwiihstanding of the indemnitys,

which they say remitt3 the cryme but not the restitution, so that if

justice be doou, twenty tymes the moveables of all Lochaber will not

make vp the restitution ; and our Commission allowing to imploy

Colonel Hill's regiment vpou the poyoding, wee must imraediatly have

a thousand sterveing divills brought to ane absolute necessity of stealing

to fill ther bellys, and ready to joyn with any change that can better

ther fortune. The parralell heirof was exactly in Oliver's tyme through

the infinite dissorders of the civill warrs, nor was there any other

remeddy but to sett a broad foot vpon all. A third difficulty is, that

some few barbarous people are so inuured to theeveiiig and plunder

as it is impossible to gett them brought from it. The answer to ihis is,

were the first two difficultys lookt into, the better sort being bound for

the rest (as now they are), they would without any more cryme delyver

vp the susj)eot persons in ther lists to be disposed off for the peace of

the countrey, as was doon in Oliver's tyme, and then it is hardly

possible but the same methods being prosecute now as were then the

same effects behoved to follow. In a word, my lord, you will hardly

believe what a tendency thir miserable people have to be quyett, and I

plainly asseit it were better the Government bought Mcintosh his land

and put the interest of the pryce as a few dewty vpon the pos.scssors

(as far as they could reach) then dryve them to desperation ; yea, it

were better the State took up the clames for restitution, and laid on a

moneth's cess or the lyke, for paying a composition to the cravers,

rather than loss the occasion of turneing this people from their barbarity.

Many things concurr at this tyme with ther inclinations, which, if not

improven, will languish, such as a comander mighty intent vpon this

method and weell skild in it, a good garrison, a brave regiment, a

minister, a good scooll, and severall things more, which, if neglected,

the people will become diffident, the great men's insinuations will take

place with them, the Justiciary Court will lose its reputation (for as it

is, I could hardly get a coram of them brought this lenth), men must

fall into ther old slavery of paying black mcall, and the future estate of

this part of the kingdom will l)e farr worso as the former." The writer

expresses a desire that more may be atided to the Commission [of the

peace?] in Fort William, that Colonel Hill may have a quorum. " The

Perthshyre Courts have int^^rfered with us now also, and Glengary,

though he has given his bond hangs a taill a litle."

(c) CuUotlen, 25th August 1694. " .... I told you that
Glengarry was drawing back; I had it then both from Locheall and
Keppach, that they were solicite by him to the same purpose. The
consequence is that last week about 80 head of cat tell are taken vp out
of Ross and travled in to Glengary. Withall I hear that Murray and
Breadalbin's Courts at CreifE have split viK)n the indemnity, and have
sent to Flanders for ane interpretation of it. It is no prudence to make
despei-ate men off a sudden lyable for bygons ; non hes greater reason
to wish it then I, but I would not cast the countrey in a confusion for
my particular. If I can live without it, I'le rather superceed it in
eternum. Its fit your Lonlship medle in this and acquant the Secretary
that he caution the King not to be sudden in the interpretation of his

144

Mahchmont indemnity. Were the Highlands peaceable and honest, great lords

^^^' find that they would be no more necessary, and lest that come to pass, they

will doe all is possible to elide this Justiciary either by stretching of it

so as multitudes must be made desperate or by enervateing of it so as

bad men may dispyse it," &c.

(d) A letter, dated Channory, 14th December 1697, signed by the
Lairds of Brodie and CuUoden, who were sureties for Lord Seaforth,
who had been cited to appear before the Supreme Court, declaring that
his attendance was impossible, owing to sickness, and entreating the
Chancellor to delay the diet of Court. [The remaining letters in the
packet, seven in number, are not of special importance.]

210. Packet of letters to the Earl of Marchmont from the Laird of
Macintosh, 1696—1698.

(a) From " Elgin of Morray, 30th December 1696." Referring to a
subject dealt with in one of CuUoden's letters, — his relations to Coll
Macdonald of Keppoch, whom he alleges it was Colonel Hill's duty to
have seized " dead or alive " by a certain date, which had not been done.
He desires the Chancellor to continue the diet of appearance "whereby
the said Colonel Hill may be the more excuseless iff he doe uott apprehend
the person of the said Coll McDonnald againe the said dyett, which he
cann most easillie doe if he pleases ; butt he is such ane sinister, dangerous,
and ill-holden gheust in the Government that he will pretenil fair wher
he is most foull, and ane arch cheater under the pretext and collour of
honestie and ingenuitie." He desires extracts of the warrant from the
Privy Council, that Colonel Hill may have no excupte, " for he gives itt
now outt that Coll McDonnald is gone for Irland, which is meer knave-
ishness, for he is keeped privatlie att home by his ordore. as 1 am
informed in this place be the draught of CoUonell Hill. My lord, wer
I not most stedfast to my pi'inciples for the last Goverment, I hade no
favour, yett wer they so just as to owin me against thatt nottorious
and signall rober, murderer and rascall, and in this Goverment which I
so stifflie owin I have hade all my losses of burneing my houss, lands
and tenents, as ane commission of Parliament and counsell doth plainlie
declair my losses to have been and to exceed the soume of two thousand
nyne hundred and nyntie-six pounds sterling." He enters further into
his alleged grievances, but he says *' I am able to serve his Majestic
with two thousand men whenever his comand shall direct me when and
wher. And did his Majestic butt know how much 1 am oppressed, my
caice being singuUar, matchless, and unparalleled in the world, his
Majestic would give me speedio relieff and save my familie from being
in danger of ruening, for itt is to be sure a faithfull, sincere, and most
dutifull servant and subject I am to him, and no Highlandman except
the Laird of Grante and. myselfo h(i cann assure himselfe off, as is
notturlie weell knowin through all Scotland," &c.

(6) After various letters relating to a Commission of fire and sword
which he desired against Macdonald of Keppoch, Macintosh writes from
the Isle of Moy on 4th February 1698, earnestly pressing that it should
be granted. " Iff itt be any longer delayed, itt will undoe me utterly,
for my design being God willing to posesse my lands in Kejipoch and
Brey-Lochaber in the begining of summer nixt ; unless I gett the
comissione granted immediatly 1 may resolve to give it ewer qytt, my
vast expensses being so extraordinarie great."

(f) On 14th XTay 1698 he writes from Inverness, deprecating any
hindrance to the passing of the Connnission. " I find (he says) much
friendship by Brigadier Maitland, present Gowernour of Fort Willium,
who did the last week send ane considerable pairtle to sieze Coll

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McDonald and narrowly missed him, and he resolvs to be very uneasie Maschmosi

to Coll untill lie gelt him apprehendeJ. Coll has made it his work '

in the night tyrae to threatten the tennents and possessors of ray
land ther, boasting to take ther lives if they shouM offer to tile or
sove any this yeare, and the fellowes being timorouse have not soven
on pickle iher, yett are most willing to settle with me if Coil's person
were either secured dead or alive. My kinsmen and I will, as soon as
possible this summer, make in armes againest those rebell*, but the trouth
is ther is a great famine of wictuell and men iu all our Highlands here,
the wictuell being must scarce and dear, and many of the men dead,
the lands l^eing for the most pairt weast, yett, notwithstanding of all
this, I trust we shall bring such ane good and formidable pairty to
the fields as will be too hard for Coll and all that would juyne if they
but face us." He again appeals for help in regard to the loss of hia
house, furniture, &.c.

(d) On loth August 1698, Macintosh again writes from the Isle of
Moy, having apparently in the interval obtamed the Commission. " My
freindes and I did goe to Keppoch on our Comissioue with ane con-
siderable 2)airtie off good resolute men, and we acted there as much as
we could in so short a time by settling with some off the tenents who
<lid take tacks from me. Severall others of them hes not as yett come in,
but I beleive will come in end. Coll McDonald his threatning and
affrighting off them did keep them unlabering their lauds the last
spring. We did send three or four severall pairties whyle we wer in
Lochaber to have seaseil the persons and goods off these rebells and
the person off Coll McDonald particularly, but the great mists upon
the hills did marr that interpryse, since it was impossible while they
wer abroad to see man or beast ; and the last two onsetts we made
did sease many of the rebells goods and cattle which occasioned that
some off thtm came in and settled with me; and we did build three
sufficient timber houses in Keppoch for the use of the companie which
lyes there of the King's forces be order off counsell for keeping me iu
posessione off my interest there ; and that and the Comis^ione proves
terrible to these rebells and be time will doe, I hope, my busines.
Only, the ni.\t summer, ther will bo a necessitie for my building a little
ston house ther for my own use, butt these three last years bygon, and
especialy this last year, hath been so bade here that all our lands are
allmost weist which has rendered such ane farain of both money and
wictuall in thir places by reason off great dearth that I was not able
to build a ston house there this year,#my other Lochaber expenssea
haveing drawn so deep upon me," &c. He concludes by again
reminding the Chancellor of hLs losses and claim for compensation.

211. Letter from Colonel Archibald Row to the Earl of Marchmoat.
" Edinburgh, 18th January, 1697-98." [So dated, but apparently
written from London.] He had delivered the Chancellor's letter to
Lord TuUibardine. " The kiuge hes not yet had time to enter wpon
the Scotts affaires, onely Major-General Ramesey is gon to command
the troupes in Holland. . . . The Parliament has settled 10,000
land forces and halfe pay to all the officers that are to be disbanded
whoe are natturall borne subjects of England. They are about
moddeling the mellitiae for defence of the countrey, but its thought
they cannot make great progress in that. My lord Burlington dyed
twoe dayes agoe and lefte 20,000'^ a yeare to his grandson, my Lord
Clifford, with a stone better than all that ; whoeever weares it about
there necke are not to dye till affter the age of foure score. He lefte
J- 78239. K

146

^'^MSs."'^ annother brother of his, Hary Boylle, 4,000'^ a yeare and 6,000" in
—^ money," &c.

212. Letter, Sir James Ogilvie to the Earl of Marchmont. Whitehall,
15th February 1698. Inter alia he writes, " The first thing you will
have to doe now will be the settleing of the garison of Fort William
[where Colonel Hill's regiment had been disbanded and replaced
by that of Brigadier Maitland]. Livetenent-Collonell Forbes will
certainly be usefull to the Brigadeer ther, and if also some of the best
of the former regiment be taken on and imployed in each corapanie
they will have the benefeit of knoweing of the countrie almost as well
as the former did, and the officers and souldiers of that regiment have
the reputation of haveing behaved verie well upon severall occasions
abroad. The sooner they are settled ther, it is the better, because of
the many disbanded louse men that will be now in the Highlands,
and it can not be thought that the former garison will be so cairefull
as otherwayes they would be if they hade bein to continoue," &c.

213. Letter, the Earl of Tullibardine to the Earl of Marchmont. [Not
dated, circa 20th February 1698.] A long letter commenting on^the
treatment of Sir William Hamilton, of Whitelaw, Lord .Justice Clerk,
whom the writer wished to be President of Session. '*. . . Honest
Cairstairs has been a great instrument with Earl Portland to obstruct
this by which you may judge of the man, but if your lordship consider
whom he has alwayes joined himself to, as Lord Stairs, Lithgow,
Broadalbane, &c., its evident his designes are not good. ... I know
1 need not caution your lordship to be on your guard with Cairstairs ;
if you heare him, belive him not, for I assure you no man can be less
trusted or is more capable to deceave. That a churchman should medle
with Court and State is intollerable, and which never succeeded to the
advantage of any nation or honest men, nor its likly ever will for they
act without their spheare and God does not bless theire undertakings.
This honest man, Carstairs, pretends he goes about private business, and
Secretary Ogilvy sayes the same, but I have grounds to know that he
has other affairs to manage ; he is to try the puis of people and how
some things will relish with the next Parliament," &c. [The writer
proceeds to more general matters of less importance. This was almost
the last letter he wrote, as Secretary of State, to the Earl of Marchmont,
as on account of the appointment of Sir Hew Dalrympleto the presidency
of the Court of Session he demifted office. There are several letters on
the subject of the appointment, but they are not of sufficient importance
to be reported on at length.]

214. Letter, the Rev. William Carstares [address wanting, perhaps to
the Earl of Marchmont, then High Commissioner for holding the
Scottish Parliament]. Dieren, 19th August 1698. "My Lord, the
account your lordship honoured me with of what past as to the Affrican
Companie did give me very much satisfaction, and so much the greater
that the ending of that affair so smoothlie seems to have putt my Lord
Commissioner above all his difficulties, that now I hope his Grrace is in
a capacitie to bring this session of Parliament to a very happie issue

. . his Majestic is fulie satisfied with his zeal and care," &c.
[In another letter, same place and date, to the Earl, Mr. Pringle, Under
Secretary of State, writes, "His Majestic must certainlie be pleased with
the issue of .this affair of the African Companie, for I think our wishes
could not have formed a more favourable on, and I doe hoartilie

147

congratulat the good success your Grace has had hitherto in jonr ^**g"**"^
management which I hope shall continue till this session is brought to a — *

happie close." On loth September 1698, both Mr. Carstares and
Mr. Pringle wrote from Loo, each almost in the same words con-
gratulating the Earl of Marchmont on the happy issue of the Parliament,
which was acceptable to the king.]

215. Letter signed "John Coventry," addressed to the Lord High
Chancellor of Scotland. Edinburgh, 12th September 1698. Craving
pardon for his presumption in writing to the Earl, he proceeds, ♦' It has
been (I hope I may say) my good fortune to have lived many yeares in
East India, where I had the advantage of improving my time as well in
informing myselfe in the nature of the commerce there, as in the manner
and constitutions of their Government?, which may in some measure
be serviceable to the country of my education, to which, vpon my return
from India, being sattisfj-ed by the Act of Parliament of the great
advantages, it might reape by an East India trade; and finding some as
well of the nobility a5 of the gentry and merchants vpon discoursing
with them inclined therto, I thought the only demonstrative way
would be to erect or raise a scheme of a voyage thither, which, being
done, gave such encouragement that my Lord Tarbat with some others
have obtained a commission to send out a ship thither, as is intimated by
the printed preliminarjs presented [to] your lordshipp by myselfe."
He desires the Chancellor to encourage the enterprise by being a
subscriber to the scheme.

216. Letter from " Jo. Dalyell " to the Earl of Marchmont, Inverness,
6th September 1698. Intimating that he had sent a party to " Chanarie "
to seize the person of Dr. Cornelius Con, without success, as Con had
gone to Edinburgh. He asks for further orders.

217. Letter to the Chancellor from Dr. Cornelius Con. "December
the 22nd, 1698. My Lord, I am those fifteen weeks close prisonour
incapable to write to my countrey or friends for a supply, daily running in
debt heare and not able to pay it, as I have signifyed in my petition to
the Lords of the Treasury and has yett got noe answear or precept." He
desires a judicious hearing that he may know the accusations against
him. " I have been euermore dutifull to Goueiinent which occationed
my sufferings amongst wilde vnruly persons, and though I am a stranger
in Scotland, yet am a loyal and real subiect to the King of Brittaine and
therfore expects justice. I came of my free accord to give the
Gouerment an account of my sufferings and of my persecutor against
whome I libled on a bone, and did expect better encouragement then
imprisonment." He asks to be set at liberty, have his wants supplied,
or to be permitted to write to his friends. [The circumstances of
Dr. Con's ill-treatment by the Earl of Seaforth and the hardships he
endured are related in a letter reported on by the Commissioners in
their Twelfth Report [Appendix, Part 8, p. 55] on the muniments of
the Duke of Athole. On 18tli January 1699, Con again wrote from
Edinburgh Castle, complaining of the extremity to which he was
reduced, and desiring to know how he had offended the Government.
By the 4th of May in same year he, through the influence of the
Chancellor, had more liberty. He writes on that day hoping he may
get a certificate from the Council of his sufferings for the Protestant
Cause. "... this castle is a poor place for a weak purse, yet is a
paradise to me in respect of the Papisticall Purgaton,- the eight years.
I question if the Pope will so soon get out of his purgatory if he goes

K 2

148

Maechmokt there." He then' refers lo the evidence he can produce against Lord
^- Seaforth.]

218. Letter to the Earl of Marchmont from John [Paterson], bishop
of G-lasgow. Gogar, 2-1th January 1699. Asking the Chancellor's
influence to procure his enlargement from his "long restraint and
confynement. I suffer much in my litle concerns at law, thorow my
incapacitie to attend them at Edinburgh, as also my poor children are at
a great and sensible loss in their education thereby." He therefore
pleads for liberation.

219. Letter from the Marquis of Winchester and Henry, Earl of
Galway, joint Lords Justices of Ireland, to the Chancellor of Scotland.
Dublin Castle, 4th February 1G99. In answer to his application for a
supply of meal and malt for the use of the garrison at Fort William,
they say that they are very desirous to preserve a good umlerstanding
between the two kingdoms, but that '* the whole [Irish] Councill have
been of opinion that the exportation of any meal or graine, especially
so great a quantity as has been desired, cannot at this time be permitted
Avithout the greatest inconvenience and clamour of the people, the
scarcity here being already so great that the House of Commons in
their late ser«sion desired we would renew the orders that have been
given not to suffer any come to be exported except the necessai-y
provision for shipping.'' They remind the Chancellor that 350 barrels
had been ordered in the previous year but never shipped, supply having
been obtained elsewhere."

220. Letter from Sir Patrick Home [of lienton] to the Earl of
Marchmont, P^dinburgh, 20th April 1699. Informing the Chancellor
that, in answer to complaints by the ministers as to Popish meetings,
" the magistrates, upon Sunday last, sent a party of the Town Guard
to the Duke [of Gordon's] lodgings in the forenoon, and the gates
being closed when they came. But after some time, they being opened,
the guard found above 40 persons conveened in the hous, no doubt in
order to hear mass or sermon or both, and there was about 24 men and
the rest were women. They were all mean persons, except only Clerk
of Wrightshouses and a brother and a son of the Lord Glassfbords."
The men were all sent to prison, but when they were examined on the
Monday there was not sufficient evidence of either mass or sermon,
and they were set at liberty. [Sir Gilbert Eliot writes to the same
effect.]

221. Letter from " George Gordon," King's College, Aberdeen,
26th April 1099. Referring in an indefinite manner to some one,
probably a lloman Catholic, whom he hjis been asked apparently to
apprehend. He does not doubt that if the person in question is in
Strathbogie or the Enzie '"my friends there will be able to find him
out to me, or I shall be able to make the discovery myself. ... If
I mistake not very much, beside the marks your Lordship gives me, he
is likewise described by his broad way of sjieakeing, but whether he's
ane Irish or Scotsman is what I cannot remember." He wishes infor-
mation of the person's family or parentage, and will spare no pains to
find him out. •

(b) On 6lh May 1699, the same writer, dating from " Rawes of
Strathbogy," says, " I have been here and at Fetternear, and some
other places in this countray these foure or five dayes bygone, and most
of my company is Jesuits and other Popish priests (who, by-the-by, are

149

swarmeing in this countrey), most of tliem my German and Italian MAECHJcexr

acquaintance?. Some of them are very uppish upon a most flagrant '

report and noise of ane intended invasion, but Dr. Jamesone and Father
Dunbar doe assure me (and T confess they are two of both best sense
and intelligence among them) that not a man of their friends at
St. Germains writes one word of this, nor are any of their King's
friends acquainted with any such designe. However, they say that
notwithstanding of this they will not hinder the propagation of it even
among their owne accomplices, because they are satisfyed to have them
beleeve that still theire is some life in the f*ause. 1 have as yet made
no discovery of any laick stranger lately come to this countrey. Two.
Benedictine monks I met with t'other day, whom I knew formerly at
Ratisbonne, who are come lately hither ibr propagation of the faith,
but they talke of nothing save the Duke of Berwick's reception at
Roi> e, which they are made beleeve in Germany portends some great
matters, tho' others of them will have him allready returned againe to
Dunkirk with vast remittances of money, &c., which 1 find tiie wiser
sort of them smiles a little at. But whatever be in this, I find they
are all perswadeJ that there is some great designe on the wheels. In
the meane time I am a little difficulted lor want of a commerad of sense
and experience, and sufficient honesty to whom I might have imparted
my designe and entred into concert with, which would have extreamely
facilitat my business in case I hade been so lucky iis to find out the
gentleman I want. However, I have taken a resolution, which I judge
necessary to impart to your Lordship timeously, and it is that in case
I succeed I'l immediatly score out my owne name out of both warrands,
and fill up tlie na ne of some otficer or friandly and trusty magistrate in
whose honesty I know I can confide. Of such I have allready two or
three with whom I have setled correspondence, but have sayed nothing
of this secret, and if I find that time will allow I'l cause seize, and take
myself prisoner as well as my friend, by which meanes I can both
secure myself against any outrage from the accomplices of such a
villain, who I know would bogle at nothing, and may likewise continue
in a capacity of doing the Government any other small service that lyes
within my narrow and weake reach. But in case time and other cir-
cumstances will not allow this precaution, I am, through God's
strength, resolved rather to venture my life than faile in the designe
if it come to that push, which I wish with all my heart may be." If
the Lord Chancellor disapprove this plan he is to inform the writer,
who thus proceeds, "I doubt not but some of these with whom at
present I am could give me some information of Sir George, his
countrey, &c., but I dare not speake of his name least they smell a rat ;
however there's one of the most pragmatick among them that loves a
bottle, and I designe to make a sliift to get some water to the pump ;
but I'm much mistaken if the Duke of Gordon does not know him
particularly, and I apprehend it were no difficult matter for your Lord-
ship to get a particular account from him," which the writer hopes
may be done as soon as possible. In a postscript he says, " I, haveing
a colleague of my owne name, your Lordship may be pleased to cause
designe me Professor of the Orientall languages," &c.

(c) The writer of the above was suddenly summoned to Aberdeen,
whence he writes again on loth May 1699. He had heard of som?
strangers who had gone up Deeside and had followed them, but found
none of any note, *' save one, Bailie David ^die, who is lately come
from France, where he declared himself Popish." The writer had still
no success in his special mission. [From an allusion to " Sir George "
in the second of the above letters, it seems not improbable that the

150

^'*^o^MONT person whom the Aviiter and the Government desired to secure was
— ' identical with a person named in a letter tc» the Chancellor from

Sir James Steuart, Lord Advocate, dated Alnwick, 8th April 1699,
where he says, " One thing I must again write to your lordship, which is
that inquirie is desired to be made for Sir George Barclay, the assassin,
if arrived in Scotland. It is informed that he landed lately in the north
of England, and that he is of a middle stature, red faced, lame of a
hand, and about 60 years of age. It would be great service to find
him out; there is 2,000lib. sterling set on his head." The advocate
wishes private inquiries to be made in the first place, afterwards a
proclamation.]

222. Letter from James Ogilvie, Viscount of Seafield, to the Earl
of MarchmoHt, Whitehall, 5th October 1699. Informing the Chan-
cellor that the " bad news " of the desertion of the Colony of Darien
by the Scots was true, and that they had " arrived in a miserable con-
dition at New York. They suffered much by the rainy season and for
want of provisions, and it seems they had no intelligence from Scotland
from the time of their setling until the lime. they broke up."

223. Letter, Mr. Robert Pringle, Under Secretary of State. Hague,
13th October 1699. Writing about the memorial given in by the French
Ambassador, he adds, " I am sorrie the misfortune of our colonie which
we have now confirmed putts an end to all. Your Lordship cannot
imagine how much all here are surprised with it, and I am afraid that
both the interest and creditt of our nation, and also his Majestie's
service may suffer verie much by it."

224. Letter from Sir David Home of Crossrig. Edinburgh, Friday,
20th October 1699. "My Lord, my inclinations lead me much to
retirement where I think I have not a call abroad, and it is well it is so
now when there is such a ferment on the spirits of most that I am
ashamd and affraid to mention what I am told is openly spoken here.
I wish the King may be prevailed with to folloAV the councill of the
old men to Rehoboam, and the more speidily and frankly the better.
On Tuesday last the Duke of Hamilton came to town and is here still.
On Wednesday the Council Generall of the Company [the Indian and
African, knoAvn as the Darien Company] mett, and after some debate
and strugle voted and carried an address be made to the King. A
committee was appointed for drawing it, which returned the draught
yesterday. The address is approven for calling the Parliament, that
his Majesty in Parliament may take their disaster to consideration
and fall on means for supporting them. I hear the address is to be
sent to the Secretaries. They have also aggreed on an adress to be
made to the Privy Council to lay their case before them, leaving
it to themselves to take what part they think fitt in that affiiir. . . .
On Wednesday it was moved the Moderator of the Generall Assembly
should be desired to call the Commission for indicting a fast on the
present exigent."

225. Letter [not signed, but in the handwriting of Mr. Gilbert
Eliot]. Edinburgh, 21st October 1699. *' The deserting of Caledonia
being imputed to the proclamationes published in the English plantations
hath (no doubt) given occasion to many of these interessed to vent
themselves very impertinently at the first report of the settlements
being forsaken for want of provisions. But the extent and authentick-
ness of that first information being now much called in question,

151

the generall warmness upon that head is proportionally abated among ^ivr.riiiiosT

the vulgar, with whom a wonder lasts but nyue dayes. However, the li^"

directors and couiicellors of the Conopany are much quickened and

zealous in ther measures upon tliese new^, for besyde that the directors,

upon the first arivall of that intelligence, sent expresses to severall

places of the English plantations, with cretlite to the value of 3,000/.

starling (for which they became personally bound), for reviveing and

restoreing the colony ather by prevailliiig with them to return, or with

Jamison to take possession of the place untill the ' Rysing Sun ' arived.

Ther Generall Councill meeting upon Wednesday last to the number

of 43 members obleidged themselves personally for 3,000/. starling

more, whereiu they were unanimous except 5, wherof Sir James

Dalrymple was one. The Duke of Hamilton wes in town, but not

present. The Marquis of Tweeddale presided, and persons of quality

wer present, Earles of Leven, Annandale, Xorthesque, Tullibarden,

Lord Tester, Lord Ruthven, Presiilent of Session, Thecaurer Deput,

&c.. Sir John Hume, Sir Patrick Scott. Mr. Francis Montgomrie was

not in town." The writer then refers to the voting of the addresses.

The address to the King was agreed to, but that to the Privy Council

was opposed by tlie Privy Councillors present, though it was carried by

a majority.

226. Letter from the Viscount of Seafield. Whitehall, 2ud November
1699. [The address to the King had been sent up and presented.]
" I have delivered to the King your Lordship's letter, and nou you will
have clear directions hou to proceed upon the adress to the Privie
Councel, for the Parlament is alreadie adjorned till March, and the King
hes given his ovne ansuer, &o ther is no place for the interposition of the
Privie Councel. Your Lordship may also insinuat to such as you pleas
that it is most unusual to have the Parlaments of both nations silting
togetlier, and the members of Parlament will not be the worse that
they have some time to think on this affair befor the meeting of the
Parlament, and this pairt the King refuses verie smoothlie, and
materialie grants the other pairt of the adress. He is fullie informed
hou this adress hes been caried on, hot he is a wise prince and readie
to pleas his peopel, seing they are in such a ferment; but he is verie
weal satisfyed wiih what thes of the Privie Councel acted in the
Councel of the Companie, and if your liordship stand by them and
incun-age them ther can be no difficultie in the Privie Councel. Your
Lordship will also, p.s you have occasion, make Parlament men and
others understand that it is hard to lay al this loss on the proclamations
when the accompt in the directors' hands bears devisions amongst thos
of the collonie and that they had nether money nor credite, and that al
hier doe affirm that money or credit would have got aboundance of
provisions even after the proclamations. It is also said that the place
is unholsum. Your Lordship knows too hou his Majestie is in ane
alienee for the good of Europe and most keep measures with them, hot
if your Lordship and others will lent in a prudent maner the true mater
of fact be knowen, it may doe the King great service. He is also
positive that thos who speak openlie against his Goverment, and almost
avouedlie drink King James's health, that they be takne notice of, and
he is for vigor with prudence, and thinks remissness in thos maters
will doe prayudice ; hot as for Darien, peopel most not be so severilie
chalenged, I mean tho they speak rashlie considering the great loss it
is both to the nation and to particular persons. This is al writn by his
Majestie'a command, for he spok verie weal and fullie too us," &c.

152

MAHcmroNT 227. There are several letters touching incidentally on the subject
^^^' of the Darien Company and the disaster, but containing nothing of

importance. The directors prepared another address and sent it to
Court with Lord Basil Hamilton, of whom, on 26th December 1699,
Viscount Seafield writes, " I mu5t also acquaint your Lordship that
his Majesty has appointed my Lord Carmicbael and me to intimate to
my Lord Bazil Hamilton that he will not allow him access, since he
has been in the place since his Majesty's accession to the Crown and
did not wait of him, and since he has not hitherto owned nor acknow-
ledged this Government he [the King] will not receive the petition
from him, but he will not refuse to receive information of what is
demanded, and we will give it, and his Majesty will give the Company
his answer. This was his Majesty's own resolution, for he knew the
matter of fact better than we did. Yet let not the Company think that
he refuses to receive tie petition, tho' he will not ajlow Lord Bazil
Hamilton to be the presenter for the reasons he has given," &e.

228. Letter, Mr. Robert Prlngle. Whitehall, 25th .January 1700.
". . . Our affair of Darien should have been yesterday under the
consideration of the houss of Lords and this day of tiio houss of
Commons, but the first adjourned it till Monday and I hear the last
have dropt it, so that its thought neither houses will medle more with
it; neither is there such a talk of an L^nion as lies been for some
time bygone, for which manie arc sorrie, being persuaded it would be
the most healing measure in the present juncture, and manie wonders
it was not formallie proposed by Court," &c.

229. The same writer on 15th February 1700 says, " Your Lordship
hes herewith the address of the houss of Peers and the King's answer,
with which I trust our countreymen ought not to be dissatisfied. In
pursuance of Avhat the King recommends to the Lords about an Union,
they went into the consideration of it on Teusday last, and appointed
a Committee to inspect the records of Parliament as to some steps
were made in order to an Union in tiie time of James 6 and
Charles 2nd, and to report^ and there that affair lyes at {^resent. So
farr as I understand there is a great disposition towards it in the houss
of Peers, but that it will meet with much opposition in the houss of
Commons, so that there is no great prospect of its being carried there.
The Court seems verie forward, and I hope sincerlie, and notwith-
standing the pains taken by some to persuade people that the steps of
the Court in order to it are but a shamm and to blind, I cannot be
induced to beleive it, for I think it is obvious hou much it is the
interest of the Court to persuc that measure in this juncture," &c.

230. Letter, the Viscount of Seafield. Whitehall, 26th March 1700.
Referring to the general national address sent up from Scotland, he
says, " The Marquise of Tweddle and those that came up with him
were allowed yesterday at 4 a cloak to kiss the King's hand and present
their address. My Lord Marquise spoke some few words, but I did
not hear them, and then the address was presented. The King deiired
one of them to read it, so Sir John Home read it, and after.vards his
Majesty's answer was to this purpose, ' My Lord, you could not but
know that I have already appointed my Parliament to meet the 14tli
of May next, and you could not expect that T could call it sooner ; had
you considered this you might have spared the labour of comeing
hither to present this address.' This was the summ of what passt, and

153

imediatlj after his Majestv went out of the bedchamber to his coaches, MiscH^osT
and so went to Hampton Court. He is to be* back to Kinsington this "_11'

night, and to-morrow or Thursday we are to have an audience con-
cerning our Parliament affairs," Ac. [See a similar version of the
interview, with some additional particulars, quoted in J. H. Burton's
History of Scotland, 1689-1748, Vol. I., p. 330, note.]

231. Letter, from the same. Whitehall, 5th April 1701. ". . . There
are taken into custody here Sir Eneas JlcPhersone and one Innes, a
priest, who is brother to priest Innes, Rector of the Scott's CoUedge.
Wee have found some of Sir Eneas his papers, and he has kept a very
bad correspondence with the Earl of Melfort, for he has kept coppies of
several! of the letters he wrott to him. He wrott with great assurance
that our Parliament would goe wrong in Scotland, &c., that all
would go into confusion upon it. I bless God that the Jacobite ex-
pectatione was disappointed in this. Mr. Innes the priest denayes
that ever he meddled in publict affairs, but there is no ingenuity to be
expected from one of his profession, and therefor wee continue him
in custody so long as wee can," &c.

232. Letter, the same. Whitehall, 18th November 170L "The
Earl of Hyndfoord and I did yesterday present and read to his Majesty
the address of the Lords of the Privie Councell, which was also signed
by all the Privie Councellors that are here. His Majesty did receive
it very graciously, and did express a full assurance of the loyalty of all
the Privie Councell to his person and government, and was very
well t=atisfyed with all their proceedings since the death of the late
King James. His Majesty has signed a letter by way of answer,
wherein he likewise takes notice of the indignity offered to him by the
French King's owning the pretended Prince of Wales," &c.

233. Letter from Mr. Robert Pringle, Under Secretary of State,
Whitehall, 10th January 1702. ". . . Yesterday the treat ie of
alliance between the Emperour, States of Holland, and our King was
under consideration and approven of, by which the Emperour is to
have under his puy 93 thousand land forces besides what the Empire
maintains, the States of Holland 103 thousand, and the King of
England 10,000, including the 10,000 alreadie in Holland, and 100
sail! of >hips in line of battel!, all which was immediatlie agreed to, and
40,000 seamen, nomine contradicente. . . . Sir Edward Seymour
proposed that the King should be addressed to take care that in the
treaties his allies should be cbliedged to stand by him, untill he 'ihould
have satisfaction for the indignitie putt upon him by the French King's
owning the pretendeti Prince of Wales, which was this day under
consideration and agreed to," &c.

234. Letter, the Earl of Seafield. Whitehall, 24th February 1702.
He sends the Chancellor's commission and instructions as Commis-
sioner to the General Assembly. " I heartily wish your lordship
good success in this matter, both for your own honour and the good of
Church and State. For there is no doubt but that it will be a great
disadvantage if there be any breach with the Assembly. The point
your lordship has most reason to be afraid of is the asserting of their
intrinsick power for the giveing any handle to push that next Parliament.
I am confident such of the micisters as are of experience will be for
waveing any dispute of this kind, since his Majesty dos mantain all the
priviledges the Church can desire, for they have an Assembly every yeir.

154

Maechmont and in the intervall have the Commission of the Assembly, and all the
infeiiour judicatorys of the Church are countenanced and strenthened
by the civil Government. But no doubt your lordship will fall upon
proper wayes and methods to prevent any thing of this kind; ] know
the ministers have a particular friendship for your lordship which Avill
much facilitat what you have to do." . . . "I doubt not but your
lordship will hear from others that his Majesty got a fall from his
horse on Saturday at hunting, and his collar bonn is broke. It is sett
again, and he has litle or no pain, and is otherwise in very good health,
so we hope that he will recover of this in a few dayes. In the mean
time he signs papers and dos bussiness as befor. The King will not
alou the Assemblie to assert ther intrinsick pouer, wherfor your
lordship will need to prevent it to come to a vot, for if it be voted it
will be lost," &c.

235. Letter, the Earl of Hyndford. Whitehall, 24th February 1702.
'• Your lordship will hear by this post that the King by his horse falling
with him upon Saturday last at hunting did break his collar bon near
to Hampton Court, and after his fall Avent ther and had it bound up,
afterwards deined and came to Kinsington that night. He hes been
always very well since and in no manner of danger, blissed be God.

" He sleep.s well and eats well, and his pain is now over except some-

times when he coughs. I waited on him in his litle bed chamber,
when he seigned the Avarrant for your lordship's commission Avith the
instructions and letter to the Assembly," &c. In a postscript the
writer says, *' The king's hurt Avas on the right syd, and yet your
ordship Avill perceave he vvreits his nam verry Avell."

236. Letter, Mr. Eobert Pringle, Under Secretary of State.
Whitehall, 26th February 1702. After referring to the King's
accident, and to a debate in the House of Commons on privilege, he
says, " On Teusday last in the house of Peers, upon passing the bill
for securing the King's person, in Avhich is the abjuration of the Prince
of Wales, the Earl of Nottingham made a discourse, as I am informed,
to this purpose, that they could not reckon themsehes secure in the
setlement of the succession so long as the same Avas not done in
Scotland, for that Avere to leaAV a large gape for the Prince of Wales
to enter at, and since the present Parliament of Scotland had not
thought fitt to setle it further then this King's life (and in this mistake
of fact the whole houss of Peers seemed to be in), it was not from
this Parliament they Avere to expect a good disposition either towards
an Union or the setlement of the succession in the same Avay Avith
England, and therfore he moved that they should address the King to
dissolve the present Parliament of Scotland, and to call a neu on. I
think the answer to this was that his lordship hinted at an Union,
which they beleived the greatest part of the houss would Avilliuglie goe
into, and the Duke of Somerset said he knew that it was his Majestie's
intention to lay that matter before both houses verie soon, upon which
a further consideration of it Avas dropt." The subject of the Union
was afterwards recommended to the Houses by the King, " and there
being a great disposition to it in the greatest part of the Peers and in
all the Whigg pairtie of the houss of Commons, I hope it may be so
advanced in this Session here as to make things easier in our Parliament
when it meets."

237. Letter, the Rev. William Carstares. London, 28th February
1702. Referring tx) the discussion on the Union and the King's

155

recouimendation of it, as " the true interest of both nations," the ac- ^^■'^ jif*****

complishment of which he would look upon as a great happiness, the '

writer adds : " Lord Hindford hath endeavoured by letters to make
the Assemblie as easie to your lordship as may be, by shewing that the
Earl of Xotiingham's proposall, which your lordship heard of, ought to
convince all honest men that it is their interest to be so concerned for
the quiet of his Majestie's government as to doe nothing that may be in
the least unea&ie to him."

238. Letter from the Earl of Seafield. Whitehall, 3rd March 1702.
Also referring to the proposed Union. " In the house of Lords ther
will be no difficulty, but the opposition in all appearance will come from
the High Church party in the house of Commons. All that can be
expecteil is that ther be commissioners appointed to treat the terms of
an Union, that it may be laid befor the following sessions of Parliament
of both kingdoms. I doubt not but ther will be difficultys in the ad-
justing of it, but it will prove so great a security to the religion and
liberty of both nation.s that I cannot imagine but, if commissioners be
but chosen and meet, it will come to a happy conclusion." Lord
Seafield further states that Lord Nottingham's motion to dissolve the
Scottish Parliament " was rejected by a great plurality of the Lords, as
being a proposition inconsistent with the independency of our kingdom,
and severals of the Lords did say that, since this was the Parliament
that settled the Crown on the King, they had the more respect and
regard for it. I shall be g^d to have from your lordship an account
of what steps were matle in King James the Sixth or Charles the
Second's reign in this matter ; for the great objection that mauey of
the English make is that they think it impracticable," &c.

230. Letter from the same. Whitehall, 7th March 1702. " I am
loath to detain the letter herewith sent, and I only add that T am
afraid you will soon have worse news then what it contains. I pray
God may prevent my fears in this matter, but in case the worst should
happen your Grace would need to take advice what is fitt and proper
for you to do as Commissioner, and 1 wish that the Assembly may have
a happy issue, for much depends upon it, and I am confident the
ministers who are of experience will very readily concurr to prevent all
incouveniencys. My Lord Duke of Queensberry and all of us who
sign the other letter desire to be excusetl for not giving you your right
designation, for we were in confusion," &c.

240. From the same. Whitehall, 8th March 1702. "In our last
your lordship was fully acquainteil with the dangerous circumstances
of his Majesty's health, and it is Avith unspeakable greif that I must
now let your lordship know that his Majesty died this morning about
eight a clcack. I pray God may avert the judgements that seem to
threatten us by this great stroke. Wee have lost a gracious Master
as well as a great King. There remains nothing for makeing his memory
glorious but to support and carry on the designe of the revolution,
which his Majesty has carry ed so great a lenth. This has engaged all
us of the Privy Council here unanimously to enter into the measures
you will see wee have taken, both by her Majesty's letter and our own,
to which I refer your lordship. Wee also thought it necessary to
renew your lordship's commission as Commissioner, least it may be
nterpreted to be fallen, and you have als instructions to observe your
ormer instructions, and J doubt not but you will take care to improve
or her Majesty's advantage the early engagement she has given to

156

Ma^hmont protect us in our religion, laws, liberties, and Church government,

■ and that her Majesty has allready countenanced the meetting of the

Assembly. She is now engaged in a multitude of affairs, both forreign
and domestick, and will not gett time to adjust our business for the
sitting of the parliament so very soon ; and as to tliib point we have
all been unanimous, and we expect, our friends will concurr. I wish
your lordship good success in all the affair you are concerned in, and
praying that God may give us all comfort and support under this' great
stroke," <fec.

241. Letter from Mr. Robert Pringle. Whitehall, 8ih March 1702,
informing the Chancellor that " this morning at eight a'clock died
our great and worthie master, to the consternation and regrett of all
honest men." He states that " this afternoon those of the Privie
Councell waited on the nou Queen before whom she took and signed
the coronation oath," &c. [On 10th March the Earl of Hyndford
wrote on the same subject. " The sad stroak we have mett with hes
incapacitate me from wreiting till this day, and it being a subject so sad
and melancolly I can insist no longer upon it, only we have lost the
best of kings and kyndest master."]

242. Letter from John Lord Somers. 4th January 1704-5. Thanking
the Earl for writing to him his thoughts upon the subject of the Union.
In reply he writes, intei' alia, " 1 have bin always desirous of an entire
union between the two kingdoms, without Avhich I have always feared
it might be in the power of a designing and enterprising prince of our
own, or in our neighbourhood, by taking advantage of oppurtunities to
make either kingdom the means of ruining both." He thinks both
countries should have the same Protestant succession settled. Also,
" the proceedings in the two last sessions of Parhament in Scotland
have very highly irritated people of all sorts in England. Blessed be
the men who will contribute to calm things on both sides." " I fear in
the ferment this country is in it will not be possible to persuade people
to do nothing. I hope there will be no proceeding to censure laws or
persons in Scotland, which I think would be wholly improper, nor to
take notice of ministers here, which would be in a manner to justify the
popular topick for declaiming in Scotland against English influence.
I hope Avhatever shall be don will be with teniper and moderation."
[On the same subject, William first Duke of Devonshire writes, on
23rd January 1704-5, also alluding to the jealousies between the two
kingdoms.]

243. Letter from *■ J. Urquhart." Edinburgh, 11th September 1705.
Announcing the sudden deaths of the Earl of March and Lieulenant-
General Kamsay, both on Sunday in the afternoon. " I am very sory
at the ocation of those deaths, for it Avas after excessive drinking, and
the people have a thousand extravagant storys in their heads upon this
sad ocation, for ther was not a drinking man in Scotland that they
could call to mind but was reported to be dead, as if they had made a
tryst to have a drinking bout in the other world ; and they spread
abroad that Prince George was also dead for good company ; and some
busy people did impose so upon the surprise and credulity of the people
that I never heard such a noise."

244. Letter from Lord Somers. London, 23rd July 1 706. " I thought
the best way I could take in acknowledging the honour of your lord-
ship's letter of the 29th of December last was to let it appear how very

157

much I was iufluenced by it, and therefore I have returned no answer Mabcmoht

till the treaty was brought to a conclusion. I do not remember that I .'

ever read anything in my life with greater satisfaction. I thought I
saw your Lordship before mee all the while ; everything being so
exactly agreeable to the idea I had form'd of your lordship iu my own.
mind. 1 saw your generous concern for the vniversal and lasting good
of Brittain, your feeling recollection of our many great dangers and
deliverances, your joy in the prospect of peace and prosperity to come,
and your wise and fatherly admonition to improve the present oppor-
tunity, and what touch'd mee in particular, your very obliging injunction
to mee to vse all the little credit or interest I had to promote an entire
union ; and to encourage mee the more, your lordship was so good as
to declare you beleiv'd mee to have been in some measure instrumental
to the bringing matters to the point they were at." ..." I will
not pretend to say anything of the treaiy itself to one who is so great a
judge. 1 hope your lordship will find it to be right and as it ought to
be, and then I will not doubt of your powerfull assistance iu carrying it
through the Parliament. I cannot but hope the weight and consequence
of the thing will be too strong for factions and parties. The
establishing the Protestant religion, the selling the succession, the fi.xing
the monarchy, the securing the lil)erties of the people and selling peace
throughout the Island, are matters of such moment as I hope will never
be thrown away for a humour or upon any private consideration. I
have had time during the progi-ess of this treaty to consider very
throughly the state of both kingdoms and to b« convinced of the
absolute necessity of a union ; we cannot statid where wee are. In my
opinion if wee do not now become better freiuds than ever, wee shall
soon be lesse so. This is the only juncture which has offeied iu an age
past, and which no man living can hope ever to see again. God grant
it be not neglected, but that amongst the many wonderfuU blessings of
this year the union of Great Brittain may not be the lenst. I doubt
not of your Lordship's zeal in this matter, and tliat in a little time I
.shall hear how hapj)y and eminent an instrument ycu have bin in
making the two nations one."

245. Letter, signed "T. Wharton," probably Lord Wliarton. London,
31st July 1706. Explaining his delay in n-plying to Lord Marchraont's
letter of 29th December last. " I was extremely well pleas'd but not
at all surpris'd to find that your lordshipp (who hath alwayes been
eminent, as well for your good intentions to the publick as for a our
knowledge and ability?) should bee soe clearly satisfyed of the' de-
sirableness and advantages of an entire vnion between the two nations.
1 must confesse it was ever my j)rinciple and opinion, and I little doubt
but that your noble countrymen aJt tht-ir returne will doe me the justice
to tell your lordshif p that (as far, as I was able in my little sphoere) I
have acted an honest and sincere part iu the promoting of it. I can't
but owne that the proposition your lordshipp did lay downe iu yosir
letter of taking in the assistance of all persons who were known to bee
well wishers to this entire union, and of laying aside any exceptions or
<li£Ferences towards the carrying on soe great an vuder'taking, is what
would most have suited to my reason and to my wishes. Whither that
measure were strictly observed or if not, how it came to bee otherwise,
I neither know nor can determine ; but I will now hope that since it
hath pleased God thus farr to carry on so good a work, and that the
treaty is brought to soe good an end notwithstanding any mistakes that
might be apprehended to bee in the first forming of it, I will hope, I
say, and bee confident that every honest man will now lay hold of and

158

MxBCHMONT embrace the opportunity which Providence htith putt into their hands
^^^- (and which in all humane probability can never bee ofFer'd again) of

bringing the greatest advantages imaginable to both nations, of securing
the Protestant religion, and the civill rights and libertyes not only of
this island but of all Europe." The writer encourages the Earl to
further the cause of the union by his " wisdome and influence."

[On the same subject, the Earl of Mar wrote, of date 9th February
1705--6, inter alia, "I deliverd your letter to the Queen, she was
pleased to tel me your lordship had signified to her that you was for an
intear union of which 1 was very glade, for certainly it is the solid
fundation for putting the two nations on one bottome to all posterity,
for sHttling our present jealousies and humours and to prevent all fears
we may have of dangers to our present constitution ; and as your
lordship is convinced of the reasonableness and necessity of it as well
as expediencie, so I hope all good country men and who wish well to
our present constitution will come heartily into it. England will hear
of no other union thinking them all chimeras and sure Scotland cou'd
have little suretie for any advantage we cou'd have by any except an
incorporating one wherby we become all one people," &c.]

246. Another letter from " T. Wharton." London, 31st January
1706-7. Referring to the ratification of the treaty, and stating the
course of procedure in the Houses of Lords and Commons. '* The
Lords will alsoe (in the meane time) have under their consideration the
bill which will be brought in for the security of the Church of
Er.gland, which was moov'd for by the Archbishop ^of Canterbury, as
soon as ever the Scotch Act had been read, and perhaps it is fortunate
enough that it should take its progresse thorough that house first ;
where the Bishopps (who bring it in) are entirely well wishers to the
union itself, and where there is, I hope, a certain majority that will
bee as carefull as possible to avoide everything that may give the least
jealousie or distaste, soe that I am confident the opposers of the vnion
who laid soe much stresse vpon this matter in Scotland and who built
such hopes on the consequences of it, will bee disappointed in their
expectations from that stratagem. It is most evident that the Church
of England might have rested entirely secure vpon the laws already
made, and indeed that nothing that can be put into this law can make
it safer then it is. (The same might'perhaps bee said as to Scotland.)
But as wee are convincd that it was impossible for you to hinder that
zealous part of your church to rest satisfyed without the security given
them by this Act, soe I am confident your lordshipp will give me
oftdit when I tell you that the bigoted part of our Church would have
been in a flame if the same care had not been taken of them. But the
candour and confidence which your Parliament hath shewne towards vs
in relation to that matter will I hope prevaile with the most zealous
amongst vs not to give any manner of ofence or jealousie." The writer
concludes by approving the method of election proposed of the Peers
and Commoners to be sent up ^to the present Parliament, and expresses
an earnest desire that Marchmont may himself come up.

247. Letter from Lord Somers. London, 11th February 1706-7.
Dealing with the subject of the completion of the Treaty of Union,
Lord Somers says, " I can never enough commend the firmnes and
good temper which the freinds of the Union in Scotland have shewn
from the first time that affair was brought before the Parliament, for
I cannot but say the opposition was very resolute and artificial and
malitious enough. I think wee are very much determined here, and

159

therefore I hope wee shall have the same successe and in a shorter Mabcmost

time. Wee had much apprehension of the difficulty of your keeping — ,*

your Church in any bounds of moderation, and I congratulate your

lordship upon what you have bin able to do. The method taken in

Scotland made it inevitable to have such an act here, but I hope you

will find it conceived in such cautious and moderate terms as not to

give any just occasion of offence in Scotland. And it is at last agreed

to in both houses, so that now that nice part of our business is happily

over, tho' not without a considerable struggle in both houses here to

have added such clauses as were thought not necessary for us, but

might have bin very disagreeable in Scotland."

After a reference to the Act of Security and the election of members,
the writer continues, " I must not omit to take notice of a matter of
great moment mentioned in your lordship's letter of the first instant.
It is not possible there should be so great a mistake in England as to
think an affair of so diflScult a nature, and opposed so violently by
various interests as the Uniou was in Scotland, could have bin brought
to a conclusion without a great concurrence of well disposed, wise, and
dextrous persons, and therefore it would be vnjust to ascribe the merit
of it to a few. As far as I can be informed, the Queen is determined
to be fully acquainted with all the proceedings, that she may do justice
to all by owning the services as they deserve. I hope this nation and
Scotland and all posterity will applaud the happy instruments of
vniting: the two kingdoms. When wee consider the wonderful
diflBculties of bringing such a work to passe, wee cannot -without
astonishment see it brought so far towards a conclusion, and yet if a
man reflects on the many disadvantages and dangers both kingdoms
lay vnder while they continued two, it cannot but seem strange they
could rest so long in a divided state."

248. Copy letter, endorsed by the fourth Duke of Haiailton, who at
this time corresponded with iiord Marchmont, " Copie of the laite
Lord Belheaven's letter of the 19th of June to me, 1708." "London,
June 19th, 1708. . . . Thursday night, we, the prissoners of the
thried squadrone, were all examined befor the Committe of Councill,
present the two Secretaries, Chancellor, President of the Privie
Councill, Treasaurer, and Canterberry. Mr. Mason told me when I
came to town upon Munday it was expected that I should at ex-
amination make a speech, complaining of the bad treatment I had mett
with and desiering to know our accusers, or at least those who gave up
our names or were the occasion of this measure of seising so many of
her Majestie's faithfuU subjects without the least ground for so doing.
. . . We [the prisoners] resolved to say nothing, but to ansuer the
queries yea or not, or what naturally occuired from the queries. We
were examined each man by himselfe and without seing his fellow-
prissoners ; immediatly after our examination sent home with the
messengers, so that none of us knew what was said by his neighbour.
Your Grace shall have mine, at least the subject matter of it, tho'
neither in forme nor figure as it passed, because, indeed, it wes a
kynd of running fight forthought by the Treasaurer and unexpected by
me. My Lord Chancellor asked me wlien I heard of the invasion first.
I told him by the publick prints and no ether ways. Then he asked
me if I had any correspondence or particular knowledge of the thing
by any person or messadge sent to me, or if I knew of any who keeped
correspondence with France at that time, to which I ansuered, No,
upon honor. So I thought of removing, when my good friend the
Treasaurer says, My lord, this is a very strange thing that their should

160

Mahchmost be no munner of correspondence keeped with France when their are
^^^' so many disafectetl persons in Scotland ; is it possible to boleive the

King of France would ever undertake to invade Scotland with so in-
considerable force without having a party willing and ready to joyn
him ? that such a thing is not to be credited, it choks common sense
and reason. And, my lord, said he, I hope your lordship cannot nor
will not blaime the goverment for doing their deuly in securing
suspected persons, certainly wo would have been blamed if we had not
done it; and a great daill to this piu-pose, and after all desiered my
opinion upon what he had said. Tho' I was surprysed at tirst, yet
during the continuance of his speech I smoked his designe, that he wes
affrayed I should have maid a publick complent against those who had
advysed our confynement, theirfor he resolve-! to be beforhand with
me and cry whore first, and soe to bring me to accknowledge that the
goverment had but done their deuty in seising of us, or at least to hold
my peace. Theirfor I said, My lord, in my humble opinion this is
forrane to the matter in hand ; 1 am only to answer questions relative
to my own actings, and not to give my opinion of things, especialy of
measures of goverment; upon which he urged the same thing over
again in great earnestness, tho' in other w'ords and maner of expresing
himself e. Then said I, Your lordship knowes me, and you know me
to be a wery plain man and a wery free commoner. Theirfor I shall
not declyne to speak as frjely as your lordship pleaseth, if it be ac-
ceptable to this honorable board. They boued with their heads. Upon
which I said I thought their had been no correspondence with France
upon this invasion, that I thought noiie of the prissoners guilt ie, and
that their wes no necessity for seasing and treating of us the
prissoners as we have been used; upon which he desiered I might give
my reasons. First, said I, your loi'dship must know that, befor their
were any orders for seising any man in Scotland, Sir George Biug had
chased the Frencli fleet from of our coast, wes returned to the road of
Leith with the ' Sallsberry ' taken, and were lying at anchor severall
days. What ground were their then to secure privat peacable subjects,
living quietly at their own houses, when the danger was in a maner
altogether over ? Next, all the prissoners came in willingly ; what
necessity then to put them all in prissons ? Then their wes no
acusation, no letters or cephers intercepted or messengers seized, nor
any maner of evidence to inferr correspondence at the time of our being
secured nor ever since, it being now above three months. It wes
reallie a surpryse to the whole nation ; if the ' Salisberry ' had not
been taken most people would have thought it a scham plott ; in short,
the busines wes over befor the on lialfe of the nation had notice of
any such thing, wheiras, if their bad been a correspondence or invitation
as wes at the Revolution, many things would have appeared that might
have given light to the thing. But, my lord, it being hard to prove a
negative, if your lordship will be pleased to hear such of us in our own
case, we will give you such satisfaction as I hope shall convince your
lordship of the prissoners' innocency. Theirfor, my lord, I shall not
enter into the detaill of every man's case, nor into the reasons of the
causes and reasons of our committment, only in generall allow me to say
that, considering the persons and caracters, circumstances, tyming,
and maner of our being committed and sent up heir, the affair doeth
merit your lordships' inquirie. Upon which tlie Treasaurer said,
' Tyming, tyming,' tuise over but stoped, for which I was wery sorry,
for then I had gctt ane opportunity to expose the whole treatment,
with observations, &c. But presently his lordship said this, My lord,
its wery stiangc, none guilty, no correspondence ; praj, my lord, what

161

doe you think hes eniradofed the Kinor of France to invade rour country Mabchhowt

with so small a force ? this he said with a little warmth. Truely, said *

I, my lord, I shall give you my opinion ; that which hes deceaved
England hes deceaved France, your publick prints are full of falsehoods
and misrepresentations of things and persons ; by the generall opinion
heir, all the antiunioners in Scotland are accounted Jacobites, yet it is
weell enough known to your lordship that the whole body of the
common people of Scotland and the farr greatest pairt of the nobility
and gentry were against the Union. Now the King of France, finding
this to be so, he hail reason to venture a fair tryall for so fair a prospect,
and consequently your lordship's opinion of us the antiunioners hes
been the occasion of this invasion. And I hope a good consequence
in favour of the antiunioners followed upon it, that whoever they be
that took us for Jacobits are undeceaved, since I may boldlv say we
are as good and as faithfuU subjects as her Majesty hes in *11 her
dominions. What, says the Treasaurer, are the .Jacobits who were
antiunioners become good subjects ? No, my lord, said I, I say not so,
but the Presbiterians in Scotland were generally against the Union,
that they were and still are upon a Revolution foote, that the effectuating
of the Union hes not changed them from being on the same foot with
those in England who are accounted the best subjects to her Majesty
and her intrest ; and that the Jacobite antiunioners were not so con-
siderable by themselves as that the King of France would have ventured
over upon their call, so that, in on word, my lord, I think the King of
France hes just done as your woollmongers heir in England doe when
they carry over the wooll to France, notwithstanding of the severity of
the law they venture still, for if they carry on often they are no losers.
France thought, no doubt, but to have surprysed us and escaped the
English fleet, and if not, he thought possibly the project would disorder
the English measures as much as might compence his loss. After that
the Treasaurer said it wes weell it did not succeid, but that he did not
find us sensible of the seasonable assistence, for that he hard their wes
as much present discontent in Scotland as ever, yea more too. Ti:at is
only, my lord, because of our being treated thus, said I. Then his
lordship said we were much oblidged to the Union for the seasonable
help, and he hoped we were now sensible of our benefite by the same.
I told him, now that the thing wes done, the antiunioners would no
doubt imploy the outmost of our pouer to make it advantagious for tha
peace and weellfare of the united kingdoms, and that we were her
Majestie's faithfuU subjects as weell befor as since the Union, and
hoped she would always tiike care of us. Upon this, the Treasaurer
said, Do you think England would have been so concerned in you if
the Union had not been ? Yes, said I, they would do the same. Why .''
said his lordship. Because of interest, and I doe remember, my lord,
said I, I saw Van Gent in the road of Leith cannonading our coast
touns, and immediatlie came up a Sir Jerimie Smith almost as ready
as Sir George Bing did upon the French ; to which he did make no
reply, and so I maid my bow and went off. Not on spoak all the time
of this conference ; the Chancellor and Pembrock smyled severail
times. I could not see Sunderland's face, his back being to me, but
next morning I sent Masson to enquyre at Sunderland if I had offended
in anything I liad spoke, and that I suspected the occasion of al! this
long conference was least I should have sent in ane accusation, and my
lord's answer wes that T had not offended, and that he was of ny
sentiment. . . . We were all bailed this day. Thanks to your
Grace. Adieu."

y 78289. L

162

3IAMHM0XT 249. Letter from John Lord Somers. London, 22nd July 1708. A
*. — ■ very long letter detailing to Lord Marchmont the resolutions of the

House of Lords upon the points raised at the election of Scottish
representative peers in 1708.

250. Letter, Mr. Robert Pringle, apparently to Lord Polwarth.
Whitehall, 8th April 1710. Inter alia he writes, " Your lordship hes
heard of. the great ferment has been raised here by the tryal of
Dr. Sacheverell, which hes indeed been improv'd with Avouderfull
success, and hes verie much elated a partie whose real inclination we
have not much reason to judge to be verie favourable to our present
constitution. I shall not trouble your lordship with my reflexions on
the behaviour of some of our countrymen in the last part of that afEair
which did not seem to be of a piece with the rest, but her Majesties
speech gives us ground to hope there shall not at this time be those
changes of her ministrie as hes been of late much talk'd ofP."

25"1. Letter from the same to the Earl of Marchmont. Whitehall,
6th November 1714. "... Your lordship's sentiments of the
late change are such as everie one who reflects seriously upon the
situation of affairs, not only in Britain but indeed throughout all
Europe, must necessarly goe into ; and if by our own partialities we doe
not stand in the way of our own happiness. Providence has once more
given us the agreable prospect of a full security of all that mankind
pretends to value; and I beleive there is no just measure can be
proposed for making this effectual that the King will not willingly goe
into ; but then I am afraid I have said all, and as he cannot doe of
nimself, I am afraid he will find the same opposition to his own honour-
able heat and to his perfecting to us a compleat setlement as the late
King did at the Revolution, which none knows better than your lordship.
The party nou excluded from the management will leave nothing
unessayed to render all measures abortive that have a tendency to
promote these good ends. They arc numerous, have the clergy on their
side, and consequently the people, are at present much at one amongst
themselves, which I am afraid is not wholly the circumstance of these
whose union would be the surest way of defeating the others designs,
so that it may be fear'd the King has left the pleasant possession of much
honour with sutable quiet to vieu a very disagreable scene, which must
present itself to him from that confusion he finds us in here, and from
that humour of partys, animosities, and resentments, in which he finds
us so much acted. They are already on the cry of the danger of the
Church, though they never had less reason ; they lay hold of every step
the King and his ministry are obleedged to make for rectifying the
mistakes of the former, if they may not deserve something harsher than
to be called mistakes, to infuse into the people an apprehension of a new
warr, Avhioh, under the pressure of such debts as are already contracted,
cannot be very agreable. These are the arts of which they serve
themselves to influence the elections; if they succeed they will be very
uneasy and make the wheels goe heavy, otherwise we may hope the King
may have an opportunity of setting things on a good foot. These are
all my present speculations. As to the particular management of what
relates to North Brittain, I must referr your lordship to the hands I
have already named. I am only afraid the divisions that appear amongst
our great men may stand much in the way of any just expedient might
be propos'd for a redress of the grievances our peers and others have
mett with since the Union."

163

252. Draft circular letfer, dated Dunse, 2oth Julv 171o, by the Earl SIabchmom

of Marchmont, as sheriff principal of Berwickshire, intimating a
threatened invasion by the Pretender and the preparations made by the
Govei-nment. '"His lordship therefore orders me to acquaint you to
meet with the other justices within your district as soon as possible, and
in the meantime to look watchfully about and observe carefully what
happens in your bounds, and to cause the peace be kept, and immediately
secure any person you are doubtful of, and seize upon any arms found in
the houses of such persons."

253. Letter apparently from Alexander Lord Polwarth to his wife,
dated London, 20th August 1715. (O. S.) Chiefly announcing the
death of the French king [Louis XlV.j " on Teusday last the 27 new
stile about eight at night, and could not possibly have died in a more
lucky time for our afaii's."

254. Letter from James Stanhope, Secretary of State, transmitting to
Alexander Lord Polwarth his instructions as Lord Lieutenant of the
county of Berwick. Whitehall, 27th August 1715.

255. Letter from Adam Cockburn, Lord Justice Clerk, to [Lord
Polwarth]. Edinburgh, 11th September 1715. Intimating the
meetings of noblemen in the north and the setting up of King James'
standard at Braemar, by the Earl of Mar, who " persists with great
keennese in his designe. Whether the defeating the design, Thursday's
night, they had on the castle of Edinburgh will put a stoi>e to their
march southwards I doe not know. The designe on the castle was
very well laid, it was discovered about nine at night, and as thev had
concerted they begune to putt it in execution between 11 and 12.
They were actually getting their ladder drawen vp by a sentinell they
had corrupted within the garison. We have gote the ladder and other
materials with a number of arms they left when they rune. The High-
land men, above 20 of them were at Kinross nixt day ere they halted.
We are bussied to find out the plotters ; there are severals taken vp ;
some were seised, one comeing from the wall with a fire lock in his
hand without hat or wige, they call Captain McClean, another, Leslie,
taken at the root of the wall, mistook the town guards for some of
their own folks and gave the paroUe wliich was St. Andrew. Had
the castle been taken they were to a given the signal by three rounds
of the guns, all their fiiends, were to hasten hither and the body of the
Highland army was to march presently for the south," &c.

256. Copy letter (not signed) dated from Perth, 11th September
1715, enclosed in a letter to Lord Polwarth. "The repeated advices
from all pairts assure us that the Earle of Marr hath now about 2,000
foot and 500 horse in forme. The Marques of Huntly had rendevouzed
yesterday at Badenoch. They are to joyne the morrow and these tuo
v'ill make 10,000 good, besides, they expect Seaforth and the other clans,
and Teusday they are to encamp at the Muir of Blair. For that end
their Commissary came on Fryday night to Coupar of Angus and
ordered two oxen and ten sheep to be ready the morrow and fiftie boolls
old oats for horses. They give out to their freinds theyll give Pearth
a breakfast Wednesday nixt ; wee doe expect it, and are in great pain
since this day wee are advysed from General Witham that he cannot
move till the Duke of Argyll comes. . . . Our dreads are great
and ye may judge the consequence, especially since hostility is actually
begun, for wee have intelligence that InvercauU's house was to be burnt

MSS.

164

Mak^hmont thiri clay upon Marrs parting from it. Bosewell of Balraouttie this
__• morning was soe rude to make open a letter from the Duke of Athole

to his sherefF depute which he forced from a boy goeing with it express
to Kilgrastoun. Tliis was that gentleman's first warlike action in his>
rodd to tlie northern camp. Many are passing north Avith arms, tents,
&c. The Government seems to abandon us, but wee must trust in God
for his mercy in a good cause and venture one fire, and 1 beleive I shall
be a warlike man myselfe in my old dayes tho nature now seems to have
formed me for courtlieness. Adeiw." [There is also another copy of a
letter addressed " To the Magistrats of Perth," giving details of the
leaders and intended movements of the rebels, and which concludes
thus : " They fear no forces, and are to go straight about Stirling and to
Edinburgh, and by the by to take notice of the Magistrats of Perth, and
are positive to have a party in that poor town that will open the ports
for them. They have assurances thereof from their friends within the
town. They may understand who went out from them this week,
ask and see, but if this should faill by any regiments being brought
there or otherwise, they can fill their ditches with corns from the fields.
This is no jest, they will need to look for t!ie worst."]

257. Letter from ''George Drummond " (afterwards Provost of
Edinburgh) to Lord Polwarth. "Munday, one aclock, 12th September
1715." Giving some reports of the rebel movements. He also states
that in expectation of a oecond attack on the castle of Edinburgh " a
lieutenant and 24 men of the town guard with 30 of us went out and
kept guard at the back of it all night in Livingstouus yards, but we had
the pleasure of coming into town safe in the morning Avithout having
seen an enemy. . . . On Saturday, one of Arthur's accomplices
called Johnstoun, an old servant of Leven's, was apprehended in the
town ; he confesses he was with him Thursday att 9 att night, went in
quest of him att the back of the Avall att 11, says he mist him, owns he
lay att a stouk side all night, but will go no further. He is in close
prison feeding on bread and Avater. The other centinell confessed all
on Saturday, but the corporal continues yet a disingenuous dog."

[Mr. Drummond encloses a copy of a letter, not dated. " Upon Fryday
last the Lairds of Invercall and Abeigeldie deserted and Avent off from
the Earl of Marr, having refused to go along with him to the hazarding
of their lives and fortunes, upon which his lordship threatned to burn
Innercall's house. In two days, thereafter, the other gentlemen of the
name of Farquerson in that country, being Innercall's friends, went of
likeways, save one, Avho is a Papist, so that he has none of the heretors of
Braemarr but tAVO. The Earl, after all finding that Innercall had taken
privately out his arms and what ammunition he had in his house of
Innercall, wher his lordship is slaying, seazed the laird's officer Avha
carried it off, and threatned to hang him, but the guard let him slip
through their fingers." The letter also reports that Mar's men were
summoned to meet with six days' provisions about two miles from luver-
cauld, Avhere he was then staying " guarded by GO men. The men
belonged to Innercall and his friends are Avith the rest (being threatned
to be burnt) tho' they are not A'ery cordiall, their master being fugitive
in the matter, neither doth the Earl trust any of them to gaur<l his
person. ... If the Earl do kindle fire in Innercall to burn it, he
Avill be stronger than he yet is. That laird designs to attack his
lordship with all his friends who Avill be stronger in that place than his
lordship if he get no more than he yet has.'"]

258. Letter to Lord Polwarth, endorsed as from " Mr. Martin," 14th
September 1715. Apparently from Edinburgh. That all Avas quiet

165

there, notwithstandinor the alarm. That the Grants were " up in armea," ItABCHjfojrx

resolving to stanJ their ground, as tney had been threatened with fire

and sword if tLey did not join the rehels. It was reported from Dundee

*' that most of the weell afected people there wer leaving the place,

haveing shipt off their best effects for this, and Meggins [Megginch]

comeing in from Perth skives the same account from that place. T was

this night with one Captain Douglas of the Fuzeliers, who came from

Sterling this morning, and gives ane account that all was quiet with

them, and that there had not one man deserted from any of their corps

since they encamped there, nor yet upon their march, tho we wer much

nois'd here with the contrair account-," &c.

259. Letter to Lord Polwarth, signed " Will Hay." Dunse, 17th
September 1715. "My lord, I have had the honour of yours, which is
in a diiferent strain of any 1 ever receaved from those in tlie Govern-
ment foraierly, who were pleased still to look upon me as a weell-wisher
to my couotrey and as no disturber of the peace therof, which I hope I
shall still deserve. As for failing in my duety in not obeying a legall
intimation for compearing, your lordship will be pleased to consider that
the intimation and laues of the nation comprehends only tho.se betwixt
sixty ana sixteen, of which number I cannot pretend to be. As for
the people of this place, I hear there were betuixt two or three hundreth
yesterday who attended your lordship, though in the heat of their
harvest, and, indeed, I did not know there were so many in the bounds.
A walking sword is all the arms [ have, neither musquett, gun, nor
pistoll ; I have si.x coach horses, a riding horse, a stallion, none of
them of great value, and four or five work horses. If it give any
umbrage to your lordship I shall in all submission dispose of them,
and if your lordship have any further commands they shall be readily
obeyed," &c.

260. Certificate by Sir Alexander Cockburu of Langton and two other
Justices to Lord Polwarth. " Dunse, 21st September 1715. My
lord, the bearer hereof, David Methveu, hes agreed to goe as a souldier
in this detai.-ht party of the militia in lieu and place of one Robert
Brown, one of those listed for the parish of Eccles for Mortonhall and
Harcarse interest in that parish. Wee are of opinion that David
Methven is a very sufficient man, so, if your lordship please, Robert
Brown may be dismist and David Methven listed in his room."
[Another document of h similar character, dated Greenlaw, 26th
September 1715, certifies "Alexander Trotter in Chesters is earnest he
may not com up till the nixt batalion march, considering he can not
be underslootl, he stamers so ill, and that all the cumpanie hear wishes
your lordship «old excus him. I likways plead for him," &c.
" W. Carre." There are also other letters from various landowners
and Justices of the Peace, showing the diflBcidty of raising men and
money.]

261. Letter to Lord Polwarth from his father the Earl of Marchmont.
" Redbrcas Castle, Saterday the 1st of October 1715. I have credible
intelligence that from the east border severall well mounted men in
companys of 12 or twenties, and Tuesday last in the night sixty
together rede through Lamermuir, asking the way for Lochariot, a
place near Borthwick Castle, and from that to some places upon
the water of Esk near which the houses of Drayden, Roslin,
Dalhousie, and Hawthornden stand. Perhaps thev are lurking there
for advice from the rebells, whither to go and what to attempt. I'ou

166

MAB^nMOiTT -will make the best use you can of this account, which is all that I can
— ' give jon at the time. I pray God to preserve and guide you and all our

friends there," &c.

262. The Earl of Marchmont to Lord Polwarth. Redbraes, 6th
October 1715, forwarding an express from Berwick, intimating a rising
in Northumberland, " I immediatly advertised the deputy-lieutenants,
and shall do what I can for the safety of my children and family, and
keep as strong a guard about my house as I am able. Adieu."

263. Letter from Fort William without signature or address, about
the gathering of the clans.

« Fort William, the 16th October 1715. The 22nd of September
Glengary, after haveing by a treacherous sort of stratagem surprized the
King's guarnison in his house, march'd with about 600 of his own men
and of the Grants of Glenmorison and Urchart through the braes of
Lochaber to Glenurchy, where as I am informed he is still waiting till
he be joined by the other clans in our neighbourhood. McDonald of
Clan Ronald, haveing in the same maner and much about the same time
surprized the King's guarnison in his house of Castle Tirholm march
by the 30th to within two myles of this place with near the same number
of men, and took the same route.

" October 7th. Stuart of Appin march'd from his house with about
400 men ill armed, and was joined next day on his march by McPonald
of Glenco with about 60 and march'd to Glenurchy.

*' October 13th. Sir John McLean haveing gott about 300 men out
of the Isles of Mull, Col, and Tyry, and out Keanlochallan in Morvan, and
being joined on his march by young Ardgour, a gentleman of his name,
with about a 100 men, passed at the current of Ardgour 7 miles from
this place, next day passing that of Callart pursued the same route through
Glenco. Cameron of Locheal and McDonald of Keapoch are now the
only two in our neighbourhood that have not yet raised there men.
Its above a week since Locheal went to Morvan to raise his men there,
in order, as he returns, to raise his men and the Marquis of Huntly's
in this country, who are ordered by their master to join him. Bot as
he is not yet return'd, and that there are endeavours used to take him
off, I can at this time write nothing certain about him. Bot if he doe
not rise himself, I beleeve few or none of Huntly's men will stirr, they
being generally of his name and family, and 3 of his principall vassalls
here having declared they will not rise against the King, viz., Callart,
Glennavis, and Kean Loch Leven, all Camerons. So that tho' he gives
out that he will raise a great number, yet considdering the back-
wardness of the above named, and others of his inferior chiefs, princpally
upon the account of the neighbourhood of the guarnison, I'm of the
opinion he Avill be able to equall Clan Ronald. If he be prevailed
upon not to rise, what Keapoch will doe I cannot say, bot if he does
Keapoch is to join him in the braes of Lochaber, and both to march to
join these already march'd in Glenurchy. Al these when joined are
to be commanded by Major Generall Gordon of Achintoul, and, as it is
said, are to invade Argyle's coimtry, in order to fovour their friends in
that country. Bot as Auchinbreck and Lochnell have declared them-
selves for the King they can expect few or non there. Sir Donald
McDonald raised his men much about the same time with the captain
of Clan Ronald, as is said about 300, and being joined by the Laird of
Mclnven and 300 of the McLeods, and the Chisms of Strathglass,
march'd towards Inverness to join Seaforth. Against him the Earl of
Sutherland, with the Rosses, Monro's, Forbess's, and other friends of

167

the Government are makeing head, Bot what is doeing in that country Marchmost
your lordship will certainly know better -with you theu we cane here, -1^'

all communication with Inverness being taken from us."

264. Letter signed " R. Douglas," apparently to Lord Polwarth,
Seaton House, 20th October 1715.

" Mj Lord, nothing from the enemy has occur'd to alarm us. Wee
have employed all this day in heaping stones against the doors of the
parks and gardens, and securing the avenues. But it was with the
greatest difficulty we cou'd get the men to work ; they are full of a
notion that the Highlanders are just returning, and make a constant
clamour at their being so few for defending this place ; my endeavouring
all I cou'd to make them behave like soldiers has been in vain, for
when we threatned to punish them they threatned us. If, my lord,
it be judged necessary to secure this place, with submission, I'm of
opinion 50 men shoud immediately be ordei-ed to us. Our two sub-
alterns are simple and spiritless in their behaviour to the men, and the
men have no manner of respect for them. If we are to remain here, I
wish we had two others in their stead," &c.

265. Letter unsigned, dated from Redbraes, October 21st, 1715,
apparently to Lord Polwarth.

" My Lord, the rebells came to Longformaughcus [Longformacus]
oil Wednsday, and if yowng Lanton hade not mette them they were
sending a pairty to burn the howse and all that belonged to you, bott
he preveaii'd with them for that night, invited them to hes hows, treated
them noblie ther, drank them to the fulle, and gatt their promis that
non of ther men showld truble aney thing that belong'd to yow, soe
there is none of them come near ws as yett. Ther is three 100 horse
come and joyned them this day att Duns from Coldstrame, and abowt
eight of the cloke ther came three officers and a sergant, mead cearch
for horse and tooke awaye the Mortin horse which was new come from
Berweek. Aitton's man Clunie was with them. The gentlemen were
very civell, but the seargent, a roode fellow, brok Patt Dickson's
rowme, brook up his chist of drawers with a broad sweard, took all
thei cowld find for them. William Grive sent an express this night
that ther is a 100 of the rebells to be heair to morow, thers above 3 —
1,000 foott and horse, and ar to merch to-morow bake the way they
cam, for thei heave gott letters that Marr hes taken the brig and given
Argyll the foill. The peopell ar mightlye affiryed of them."

266. Another letter from the same correspondent, dated 22nd October
1715, addressed " To Madame Keear," but intended for Lord Polwarth,
with further intelligence of the Northumberland horse who had come to
Dunse. " The neames of the officers and the number of men is 4
hundreth, the neames of the gentllmen of Tiviotdeall and March, Clifton,
Blukhill, Bowehill, Hennan, McKeaston, several that I cannot remember.
I signified to yow in my formere the names of the Highland officers.
This day is given wpe to me a trew liste by sertinge information that
ther is eight 100 horse to joyne them in Fowgow-mure commanded by
the Earll of Wunton [Winton], and then to march to Kellso and to
pilledg and destroie the town — this was Brigadiear Mclntoshe ex-
prissions — and alsoe to march to Edinburgh straught, with maney greatt
oaths they shall be maisters of it within a few days. Now my purpose
is to stay heare and behold ther motione, for I resolve to be amongst
them this day. They ar pilliging all the cowntrie for horses."

168

Makchmont 267. Letter, not signed, addressed to Mr. Patrick Dickson, Secretary
— ■ to the Earl of Marchraont, giving an account of the battle of Sheriffmoor.

Edinburgh, 15th November 1715. '* Sir, I wrote to yow yesterday a
short account of what has happened in this place, but the following
account will make it more clear and true. Sir, Argyle having formed
his small army on Sunday morning la«t [the 13th] in verry good order
upon ane riseing ground or hill above ShirrefFmuir, the rebells under
the Earl of Marr being formed marched and extended themselves in
way of circle as if they designed to surround our army, which obleidged
his Grace the Duke of Argyle to alter his grounds and to make a new
disposition of his army, and in forming of it the second tyme, the right
wing of the rebells attacked the left of ours before they were formed,
the forming of the left as is said being committed to Generall Evans
while his Grace formed the right. In this conjuncture the rebells, as I
have said, attacked our left, and not being formed put them in disorder.
They first attacked Shannans regiment of foot, who to their com-
mendation briskly repulsed them, and then attacked that regiment of
foot which was Webbs and as 1 believe now Morisons and that of
Orrarys, who both gave way ; and the Righland rebells, consisting of
the clans who were not only their best nien but of triple the number to

* our left, went quite thorrow them and made a considerable slaughter

of our men. The two regiments of dragoons of Carpenter and that
which was Ecclines gave likewise way, but indeed intermediat, and
supported these foot and stopt the clanns from further slaughter of
these two regiments, and carried off our own cannon that was on that
side alongest with them. But the malure was that these troops retired
for the most pairt of them to Stirling. In this action was the greatest
loss on our side, besides the loseing of our collours and standards. The
right of our army (where the Duke was) and the main body pushed the
rebells intlrely to a rout before them, and persued them for some miles
to Allan Water, in which the nobility and gentry of the horse volunteers
acted worthy of themselves, and without vanity bore their own share in
that victory, and even bore their share of the rebells fire in their attack
upon that of Forfar and Wightman's regiments; and tho E vans's dragoons
were in some litle dissorder, it was not throw occaision of the enemy,
but through the deepness of the marish ground, which was near to have
bogged their horses. But then, in a moment, they rectified themselves
by a sudden and shoi*t wheeling and comeing up again to a more
propper station or ground. They then performed as could be disired.
In the persuit on the right of our army of the left of the rebells our
volunteers gott the gentry of them the best quarters. It would seem by
our account that his Grace the Duke of Argyle was in the persuit, for
which our weell affected criticks blame his Grace. Because that the
4,000 of the rebells that retired with Marr to the hill at a miles distance
from the feild of batle and who were to have been of new attacked was
obleidged to be given over, first, upon the account that the left had
retired as above, which his Grace did not know off, and which he must
have kuowen if he had not been upon the persute, and nixt that his
Grace had a niorrass to pass in order to make the second attack upon
that hill.

" As to the particulars of the slain and wounded on either side is yet
uncertain, since we have had noe intelligence what accounts CoUonel
Kerr lies returned of the killed, being ordered out with a detachment to
cause buiry the dead on both sides, tho perhapps Briggadeer Harrison
(a volunteer) who is gone express from the Duke of Argyle may carry
it with him in his Grace's letters and who carries in his clogbag the

169

rebells pretended rojall flag. But, at the same tyme, I cannot omraitt ^'^^^'*"

to give vou what I have collected, that on the rebells side there is said — "

to be killed with some certainty the Earles of Marishell, Strathmore, and

Southesk, and with uncertainty the Earles of Linlithgow and Aboyn ;

of their gentry, killed, Lyon of Auchterhouse, and it is said Sir Robert

Govdoun of Gordonstoun and the Laird of Keirr. And of prisoners,

Barrowfeild as I wrote before, Glengarry as they say, Loggiealmond,

Murray of Auchtertyre, younger, and many others of whom both killed

and wounded ye shall have account by nixt. And on our side of note

killed are Livtenant-Colonel Lorraine, Captain Arnot, and Captain

Armstrong, who was edicamp to the Duke of Argyll. Of wounded, that

brave and worthy young gentleman, the Earl of Forfarr, being shot in

the knee-lid occaisioned his being taken by the rebells, and who

unmercifully, after he had gotten quarters, received eighteen wounds in

the head and body, and not being able to carry him off was brought into

Stirling, and declares that most of the wounds he gott after he ^vas

taken prisoner from that ingrained rebell the Viscount of Kilsyth. I

pray God he may recover tho there is litle hopes, as there is of Colonel

Halley, being shott throw the bo<ly, and of Captain Urquhart of Buvdge-

yeardi, being wounded in the belly after made prisoner soe as his

paddings hang out, and wee have it in town that Captain Cheisly, after

he was taken prisoner was ript up by the rebells ; and of all the

volunteers I doe not hear of any of them that was soe much as wounded

except Mr, Charles Cockburn, the Justice Clerk's son, who is shott

throw the arm. For Isla I wrote formerly off him, and the wound he

received was through the fleshy pairt of his arm which likewise slightly

wounded him in the side. On the Munday morning (the left of our

army havoing returned) his Grace designed a new ingadgement, but as

a great many of the rebels did intirly desert and fly upr>n Sunday, soe

the body of tiiom that fought were before the bi-eak of day retired

towards Pearth, which is all the account I can give you at present.

Only that Argyle with his army went all in to vStirling on Mundays

night after he had sent o.it severall pairtys in quest of the dispersfc

rebells ; and least I forgott it in my last it's bot litle trouble to acquaint

you again that all the rebells cannon and most of their standards ami

collours were taken. Adieu." [The writer refer^ to the defeat of the

rebels at Preston.]

268. Letters of Greorge Crawfurd, author of " The Peerage of
Scotland," " Lives of the Oflicers of State," «S:c. He was a brother of
Crawfurd of Cartsburn, and married Margaret, daughter of James
Anden-<on, author of the " Diplomata Scoti«." In his first letter to the
Earl of Marchmont, which is dated at Edinburgh, 23rd Januarv 1717,
Mr. Crawfurd says : — *" My Lord, I had the honour of your Lordship's
.some time ugoe, wherein you tel me you have remarked some errors and
mistakes in the printed sheets of the Peerage relating to vour lordship's
family. I'm o;lad your lordship saw and perus'd those memoirs before
the book was published, that your lordship, certainly the best judcre in
the matter, yourself might have the opportunity to make the alterations
and corrections such as your lordship should think proper, to which I
shal most humbly and wilingly submit, and very read[i]ly own my
mistakes and alter them at your lordship's own sight and to vour
pleasure and I hope satisfaction ; and now that I have brouo^ht the
book til within fiveteen or sixteen she[e]t to conclude the whole work,
I most humbly intreat your lordship wil be pleas'd to transmit to me
the alterations you intend that the sheets ni[a]y be again reprinted that
I may not be any longer retarded in the course of mv printino' ; for 1

370

Maschmowt have been expecting to have had the honour to hear from your
— ' lordship every day this month past ; for I presume your lordship

m[a]y know that the delay of one sheet puts a stoop to the whole work,
because I do not know precisly how much less or more room the
alterations your lordship intends wil take up," &c. He further adds,
" I shal very faithfully reprint the sheets whatever th[e]y m[a]y
amount to upon my own charge, for I shal aluays own your lordship
has very handsomly rewarded me for any pains or trouble I have been
at in framing the history of your lordship's noble family, which I shal
aluays with great thankfulness own and accnoledge. Bat evry body
knows your lordship is a common patroon of all kind of learning and
good frind to learn'd men, tho' I am farr from thinking 1 deserve to be
reckon'd one of that number." " In the ' Lives of the Lord High
Chanclours of Scotland ' which, God wiling, I'm imraediatly after the
finishing of the Peerage to publish, your lordship may depend on all
justice from me there, where I'm not so much confyn'd as I'm in a
peerage, and wil be mucli more ful upon your Lordship's life then I
can be in that kind of writing your lordship knows I am now engaged
in. Since I had the honour to see your lordship last I have had the
perusal of the chartulary of the Nunry of Coldstream, where mention is
made of one or tuo, if not more, of your lordship's ancestors of the
Polwarths of that ilk, which I tooke notes of, and when I reprint the
sheets of the family I slial addc who of them ar pi'oper for the further
illustration of the honour and antiquity of the family. Mr. Anderson
presents his most humble duty to your lordship as I presume likewise
to do myself," &c. " Geo. Crawfurd."

The Private Correspondence bearing on subjects of Historical
Interest, 1676 — 1717.

269. Letter from Henry Lord Cardross to Sir Patrick Home,
Edinburgh Castle, 20th September 1676. " . . . E doubt not but
you have or this heard of the Counsells denying me both ane absolute
and temporary libertie, though the same day they offered undesired
that to others which was refused to me, I assure you without much
regrate on my part. I have been informing myselfe where the best
accompt of the transactiones from the year 1630 to 1640 may be had,
and I am told it is noe where better than in Mr. David Calderwood's
History, the autograph whereof, it never haveing been printed, is in
Mr. Kobert Kerr, minister of Heddingtoun, his possession, of whom I
doubt not but you may have it," &c.

270. Letter initialed " L. R.," and addressed to Mr. Robertson at
Mrs. Burt's, near the Arch in Crutchet Friai-s, London. Edinburgh,
29th January 1689. "Sir, I have received two from you dated the
one January 15th, the other 21st, for which I am your debtor. I
presume not to give you my opinion of the conduct of affairs with you,
but earnestly wish you the Lord's blessing and direction, and that you
may be preserved from all inconveniences. I am heartyly sorry to hear
that so many are acted with so bitter a spirit of falsehood and malignity.
I hope God will defeat their wicked designs and discover their malice
and lyes to their shame. There is no disorder nor outrage committed
by any called Presbyterian in this country, but the mountain men and
these far lesse then they are represented. True it is, they have desired
the curates in the west to withdraw, and lately the ministers of Glasgow
(as I am informed at their instigation) did take one Mr. Mill out of the

171

church or stopt him when going into it, and as I heard did some ' MAstmxosi
violence to his person, but he is now in perfect health as I am certainly ^^'

informed by one that came thence but two dayes agoe. They went
also to my Lord Traquair his house, but their carriage was such (though
vow know I never could justify them in most of their behaviour) that
I cannot but say it was civil, since my lady herself did commend them
for their civility, as a person who got account of her letter she wrote to
an acquaintance of hers here told me, that when they came to the house
they found my Lord's closet open and a bag of money with some gold
on the table, upon which he that commanded them lockt the door and
gave the key to my lady, and when she offered them wine he forbid any
of them should drink it, least it should intoxicate them, and they in
their drink should commit disorders ; so that all they did was to take
the consecrate things and to carry them to Peebles crosse and bum
them ; and what was of silver, as some little thiugs were, they gave to
the poor. This is my lady's own account. They came also to a
curate's house whose wife was lying in childe bed, and she fearing her
husband's- danger got up. They desired her to go to bed again and
said they designed him no harme, only advised him to remove if he
consulted his own safety now they gave him warning. These are the
greatest if not all the disorders that I hear of, and I believe I hear of
most that is done in the countrey. Now, Sir, though I must say upon
my certain knowledge and acquaintance (and I presume to say I know
the west and south of Scotland as well as any) the generality of the
people wish the curates were oft*, as men generally of debauched lives
who were intruded on the people against their conscience and continued
against their affection ; yet I must further adde that considering the
violence hes been practised upon the poor people by their means when
they brought out bloody souldiers on them and occasionetl the shedding of
their blood like water, it is a wonder that now when we have no master,
people are kept from outrages and from falling on such as have violently
shed the blood of many with lesse regard than if they had been beasts.
And I marvell how these gentlemen have the confidence to complain of
the turbulence of Presbyterians when many of theic may remember
what their cruelty hes been. I have seen the grave of a poor honest
man who was shot like a dog at his own house end without doom or
law and without crime committed against their own law save non-
conformity, his poor wife looking on and beging his life with an infant
in each hand and her belly big with the third. I have been near the
place where women were tyed to a stake within the sea mark till the
sea overflowed them, when the stroke of every wave coming on them
was as so many repeated deaths. I have been on the place where a curate
going along with the souldiers and falling on a man who had the Bible
in his pocket said * This must be a rogue, he carryeth the Bible about
with him.' I have beeu on the place where souldiers brought out by
the curate murthured the husband and left a widow with seven
fatherlesse children. When innumerable such instances of cruelty
committed •\\nthout any sentence (beside what was done by forme of
law) are recent in poor peoples' memories, is it not a wonder that they
break not forth into rage and revenge against the instigators to and
actors of such crimes. But, Sir, I can assure you Presbyterians are
quiet, waiting till God appear to execute justice to whom vengeance
belongs. But malicious enemies upon pretence of fear from the
mountain men, which is altogether groundless, are making trouble here.
For the coUedge of justice as they are called have been in arms these
days bypast I can guess at no other end but to disturb the meeting
houses where a fa.st was keept last Lord's day, yea, some of them said

172

Makchmont they should now pull down the meeting houses, and I believe they

' ■ would have it thought that the people of this city are not dissatisfyed

with the prelates, but, Sir, the contrair is known, though they will not
break forth into tumults to thrust them out. I am probably, I may
say certainly, informed that men are secretly levied here for his
Majesties service; what service that can be I know not, but upon all
I must make this reflexion, that our tryall seems to be [not] yet over.
God prepare us for what is his good pleasure. We have lookt long for
your coming and expected some party should have come hither, and
that a Convention should have been called which might have installed
his Highnesse into the Government, which I beleeve any Convention
would do, 'and that then he would have taken the management of
afPairs into his own hand, for we fear that if we have a Convention
chosen by oui" present tested magistrates we may expect little good
from their hands. But the work is in God's hand and to him we desiie
to look. I can adde no more being weary with writing. Be pleased to
give my humble service to my Lord Cardrosse, to Polwart, to Mrs. John
and Cliarles Erskine, and other my dear commorads Avith you. The
Lord bless you all. t purpose to see your lady as soon as I can, and
shall deliver your commission. I am, dear Sir, your most affectionate
and humble servitor, L.R. I beleeve our addresse may be at yoa befor
this comes to your hand. I fear it be not altogether satisfying, but I
hope the haste and the confusion of the time will excuse its defects.
Again adieu."

271. Lady Grizel Hume, wife of George Baillie of Jerviswood, M.P.,
to her father, Patrick, first Earl of Marchmont. "Edinburgh, 17th
July 1711. My Lord, . . . It's talked here that the Queen is not
to make a secretare in Queensberie's place, and that Duke Hamilton
had gone imediatly upon the first news of his death and told the Queen
of it and askt his place, but did it with so litle concern for him that
she was offended at it, and when Mr. Boyl came to tell her of his ileath
she said she had heard of it befor, but in such a manner as did not
please her. It's talk'd she could not keep herself from crying when
she was told it. Jerviswood writes nather less nor more about it nor a
word of news. He came of from London on Wedensday the llth, was
a night and a day with Roxburgh at his country house, and came to
Scarsburgh on Saterday's night last and will be home on Friday the
19th, but forbids me to say anything aither of his being in Scarsburgh
or time of his home coming. What reasone he has for it I know not.
I shall look if I have Hapburn's account ; if I have it, its like it is at
Mellerstaines. I have been mighty bussie this two day.«, for our
bussiness is to be reported to-morrow, but I doe not expect ane end to
it this session. ... I am, my Lord, your most obedient daughter,
Oris. Hume."

272. Letter to the Earl of Marchmont from George Baillie of
Jerviswood. October l7th, 1717. Inter alia he write*, "There is no
newse, but I shall tell you a story for your diversion. The Pope, it
seems, when he gives audience to foreign ministers has a little table by
him with a bell upon it which he rings for his servants when the
audience is ended. Count Gallas, the Emperor's Embassador, having
been admitted lately to ane audience, did press his Holiness so hard upon
the affairs of Italy as put him in such a commotion as occasioned the
shaking of the table and ringing of the bell, whither designedly or no
is not known. However, the servants came in, but the Pope bid them
retire for what had happened was accidental. Count Gallas not being

173

satisfied with this excuse, or perhaps -willing to make a quarrel, told the SIabchmost
Pope that he perceived his presence was not agreable to him, and not- *_^*

withstanding of his entreaties withdrew, kicking with his foot his stool
up and down the room."

273. Holograph receipt by Patrick, first Earl of Marchmont, to his
daughter Lady Grizel Baillie, for 150/., dated 31st May 1720. This
receipt bears out the fact that the ex-Chancellor Marchmont in the
latter vears of his life removed from his paternal mansion of Redbraes
Castle, afterwards Polwarth House, and that he ended his days at
Berwick upon-Tweed at a new mansion which he called *' Marchmont
House," " and my now dwelling place," as he styled it in the receipt.
The Earl's tender affection for his "dearly beloved and kind daughter"
continued to the close of his long life in 1724 at the age of 84. Lady
Grizel Baillie is well known for her heroic conduct in carrying food at
midnight to her father when concealed in the family burial vault under
Polwarth Church. Her daughter. Lady Murray of Stanhope, wrote a
very interesting account of her life, which was published in Rose's
Observations on Fox's Historical Work in 1809, and was re-published
in 1822 by the late Mr. Thomas Thomson, then Deputy Clerk Register.
A few ballads by Lady Grizel Baillie have been printed in several
collections of Scottish songs. She was authoress of the song, ** Were
na my heart light I wad dee." Lady Murray had a book of songs by
her mother when in Holland. Lady Grizel died in 1746, in the 81st
year of her age.

William Fbaser.

Edinburgh, 32, Castle Street,
3rd Februarv 1893.

174

REPORT ON ANCIENT CHARTERS IN THE POSSESSION
OF THE RIGHT HONOURABLE CLAUD EARL OF
STRATHMORE AND KINGHORN, AT GLAMIS CASTLE,
IN THE COUNTY OF FORFAR, BY SIR WILLIAM
FRASER, K.C.B.

Section First.

MSS. OF Eakl The collection of charters here reported is limited in number, but it
AND KixGHOKN. IS vcrj sclect and of real historical interest, extending from the time of
King Robert the Bruce on civil affairs, and from the earlier time of
King William the ]^ion on ecclesiastical business.

The collection may be divided into two sections, the first containing
charters relating to the family of Lyon of Glamis, ancestor of the present
Earl of Strathmore, and the second containing charters relating to the
Abbey of Jedburgh and the Priory of Restennet.

The earliest charter, No. 1, in the first section, is granted by Robert
Bruce, Earl of Carrick, and Lord of Annandale, in faA'our of Alexander
de Keith, of the lands of Longf organ. The charter is undated, but was
granted between the years 1295 and 1304. This charter is beautifully
engrossed and apparently in the same hand as the charter by King
Robert the Bruce to James Lord of Douglas of Jedburgh, dated 6th
May 1320, which is lithographed in the Douglas Book, Vol. III., p. 355.
In the year 1315, when Bruce was King, he granted another charter of
part of the mill of Longforgan, in favour of Alexander Keith, who is
therein named as '* his beloved and faithful."

This charter, No. 3, is interesting as showing that at the date of it,
1315, the year after Bannockburn, the resignation of the subjects
granted to Keith was made by John Glastreth, the former owner, at
Tarbat near Louchfyne, before many magnates. The King was there
on a visit to his Highland home, in his visits to which we are informed
by Barbour that he followed the example of King Magnus Barefoot of
Norway in being drawn across the isthmus of Tarbert in his galleys.

A third charter was granted by King Robert Bruce to the same
Alexander Keith, again described as " his beloved and faithful," No. 4.
From that charter it appears that Alexander Keith had no heirs (male)
of his body as the lands were to pass to his daughter Agnes, and William
Avenell, styled the King's cousin, and the heirs to be lawfully begotten
between them, and failing such heirs, the lands to return to the King.
The charter. No. 4, commemorates the presence of the King at Berwick-
on-Tweed, which seems to refer to the Parliament or Council held there
in November 1324. The fact that Alexander Keith was thus in atten-
dance upon the King on important occasions seems to suggest that he
belonged to the royal houseliold. But Keith has not been identified as
a member of the " mighty men of lineage," as Wyntoun calls them, of
that name who long held the hereditary office of Marischal of Scotland.
In the time of Queen Mary, WilHam, the fourth Earl Marischal,
possessed landed property extending to 270,000 merks of yearly rent.
These lay in so many counties that he could travel from Berwick to the
northern extremity of Scotland eating every meal and sleeping every
night upon his own estates.

175

The charter, No. 2, now reported, gianted by Walter, Steward of " '^^
Scotland, son-in-law of King Robert Bruce, through the mairiage with >. ...bk.

the Princess Marjory Bruce, is interesting as one of the very few charters
preserved granted by the Steward during the brief period he held office
between 1314 — 1318, and also on account of the beautiful seal of the
Steward of Scotland described under the minute of the charter. The
grantor of this charter was a worthy son-in-law of Bruce. At the
decisive battle of Bannockburn he performed such prodigies of valour
on behalf of his father-in-law that the historians of the Stewart family
record of this Stewart that if he had lived longer he might have
equalled Randolph and Douglas, but his course of glory was short.

The charters, No. 6 to No. 12 inclusive, relate to Sir John Lyon of
Glamis, Chamberlain of Scotland, and his wife, the Princess Jean
Stewart, daughter of King Rol>ert the Second. The present Earl of
Strathmore and Kinghorn is the representative of this royal alliance.
The charter No. 6 by Queen Euphemia Ross is very interesting as
almost unique, and her armorial seal appended to it is of rare occurrence.
The charter No. 10 is granted by William the first Earl of Douglas and
Mar, and affords one of many other proofs of his holding both these
earldoms and giving the precedence to the Douglas title.

The writ No. 13 affords an instance of a surname being adopted in
the fourteenth century by a certain Osbem being styled of the Irons
evidently from his trade of barber. He afterwards acquired a piece of
land named Thornton and was then styled Osbem of the Irons, laird of
Thornton. But his son in the following century dropped the style of
Irons and became simply John of Thornton.

Sectiox Secont).

The second section of this Report introduces us to some of the few
extant writs relating to the old Priory of Rostinoth or Restennet in the
county of Forfar. It stood originally upon an island in the loch or lake
of the same name which has since been drained, occupying, it is believed,
the site of an older church founded by St. Boniface in the beginning
of the seventh century. As we learn from the charters now reported
on the Priory was dedicated to St. Peter, and the monks belonged to the
order of St. Augustine, the same confraternity who occupied the abbey
of Jedburgh. The date of the foundation of the Priory of Rostinoth is
not known, but it was probably in the reign of King David the First,
who, as we learn from No. 26 infra, granted to the prior and canons
twenty shillings yearly from the rents of the burgh of Monros as well
as the teinds of these rents. The Bishops of Brechin had received a
grant for their church of an annual rent from the same source, and their
claims and the rights of the Priory had come into collision. In 1361,
however, Patrick, Bishop of Brechin, by the writ referred to, attests
that he had inspected a grant to the Priory by King David the First
which gave the house of Rostinoth an earlier claim to the renta in
question. This writ is important a.s showing that the Priory did exist
in the time of King David the First. If the Priory of Rostinoth was
founded as a separate establishment by King David the First, it did
not long remain independent, as his grandson. King Malcolm the Fourth,
between the years 1159 and 1163, attached it to the Abbey of Jedburgh.
The charter by King Malcolm referred to is in very formal and ample
terms. The original charter is in the charter chest of Mr. Fletcher of
Salton in East Lothian. It had been inherited from one of his ancestors
who was proprietor of Restennet after the Reformation. With the
consent of Mr. Fletcher, King Malcolm's charter was both lithographed

176

M88. OP Eaei and printed by me in the history of the Carnegies Earls of Southesk
^Ab^^^bmoII ^° ^^^ year 1867. The charter is a beautiful specimen of twelfth
— century caligraphy.

The first writ here reported on relating to the Priory is dated between
1188 and 1198. In it [No. 17 infra'], King William the Lion grants to
Rostinoth " Ardnequerc," which later writs [Nos. 29-33] identify as
Cossins. It was given in exchange for Fofferin or Foffarty. Writ
No. J8 is interesting as an example of a Scottish ecclesiastical cause
being tried at York when that see claimed spiritual jurisdiction over
Scotland. The Pope (Gregory IX.) in 1237 addressed a letter to the
Subdean of York, relating that he had instructed the Abbot and Convent
of Jedburgh to jiresent his " scriptor " or writer, Mr. Jolm of Antin, to
a vacant benefice, or to pay him a yearly pension of one hundred shillings.
The intervening steps are not detailed, but it Avould appear that the
Abbey had presented Mr. John to the church of Aberlemno, which was
in their gift as pertaining to their Priory of Rorjtinoth, to which David
Bernham, the Bisliop elect of St. Andrew's, objected. The parties
appeared before the Subdean at St. Peter's, Y'^ork, when the Bishop
claimed the right of presentation on the ground both of common law,
as the church was in his territory, and of special right in terms of Papal
grants. The whole arguments may be read in the sentence of the
Subdean, who decided against the Bishop, partly on the ground of
a former presentation by King William confirmed by the late Bishop
of St. Andrew's, and partly on the ground that the present Bishop
had admitted the right of the Abbot and Canons of Jedburgh
to present, by asking them to confer the benefice on his clerk.
The Abbot afterwards petitioned the Pope to confirm this sentence
[No. 19 infra]. In the year 1'24'2, David, Bishop of St. Andrew's,
granted or confirmed to the Abbey of Jedburgh the church of Bostinoth,
and the chapel of Forfar [No. 20 infra]. The next writ [No. 21] is
noteworthy us being an excerpt from the long-missing ancient record,
the " Magnum Registrum " or great register of the Priory of St. Andrew's.
The writ is not dated, but may be of a period early in the reign of
Queen Mary, and the register was then in the hands of the Prior who
styles himself David Guthrie the Third.

The next writ [No. 22J is a letter from the famous Bishop Lamberton,
in which the Bishop gives notice that although the Prior of Rostinoth
was in use to make a payment to the Bishop at his yearly visitation of
four merks for his counsel and advice, yet he wishes it to be understood
that such payment is gratuitous and is not to be expected or exacted as
a right from future priors by his successors. In 1330, Bishop Lambcr-
ton's successor, James Benedict or Bennet, granted a lease [No. 23 infra]
of his laud of Rostcolby or Rescobie to the Prior of Rostinoth, reserving
the court hill and a house and croft for the sergeant at a yearly rent of
fourteen merks sterling. A similar agreement was entered into by
Bishop Landells in 1354 with the then Prior of Rostinoth, William of
Falkirk, by which, in consideration of the hard times and disturbed
state of the country, he consents to reduce the rent of certain lands one
half, but this arrangement was to last only during the life or tenure of
office of Prior William.

There is an interesting fact connected with the Priory and burial
place of Restennet which has been somewhat overlooked by historians,
that it is the burial place of Prince John Bruce, a son of King Robert
the Bruce by his second wife. Queen Elizabeth de Burgo, eldest
daughter of Richard, second Earl of Ulster. Whether he was the
elder brother of King David Bruce or the younger has not been ascer-
tained, but he was certainly his brother-german. King David, in a full
parliament held at Scone on the 10th June, in the sixteenth year of his

177

reign, 1344, confirms the gifts and gi'ants made by his predecessors, IISS. oj Eabl
Malcolm, Alexander, and David, Kings of Scotland, to the Priory, and 2^ KisoHOM
*' for the goodwill and special affection which we devoutly bear towards —

the said priory on account that the bones of our brother-german, John
of famous (Celebris) memory rest there inhumed," the King grants to
the prior and canons of Rostenot 20 marks sterling from his great
customs of the Borough of Dundee.

The writs Xos. 27 and 28 mvtj interest a legal antiquary touching as
they do upon legal and ecclesiastical forms at Rome and in Scotland.
No. 29 is illustrative of how important business was frequently
transacted in public. No. 30 details the seal of the Abbot of Jedburgh
in 1532, while the seal of the Abbey appears in No. 32. The last
document, the Rental, No. 34, has already been printed in " The
Memorials of Angus and M earns."*

Charters and other Writs relating to the familv of Lyon of GLAans
and their lands, 1295-1599.

1. Charter by Robert Bruce, Earl of Carrick and Lord of Annandale,
to Alexander Keith, of the lands of Longforgan. [1295-1304.]

Omnibus banc certam visuris uel audituris, Robertus de Brnys, comes
de Carrik et dominus vallis Anandie, salutem in Domino sempiternam.
Nouerit vniuersitas vestra nos dedisse, concessisse et hac presenti carta
nostra confirmasse Alexandro de Keth totam terram nostram in tene- «

mento de Langforgrunde, cum omnibus suis pertinenciis ; Tenendam et
habendam eidem Alexandro et heredibus suis de nobis et heredibus nostris,
libere, quiete, integre, plenarie, et honorifice, in planis, pratis, pascuis
et pasturis, stangnis, aquis et piscariis, et cum omnibus aliis iuribus,
libertatibus, commoditatibus, aysiamentis et pertinenciis quibuscunque,
tam non nominatis quam nominatis, ad dictam terram de Langforgrunde
spectantibus uel quoquomodo spectare valentibus sine aliquo retinemento
inperpetuum : Faciendo domino regi forinsecum seruicium inde debitum
et consuetum, et reddendo inde nobis et heredibus nostris annuatim
vnum par calcarium deauratornm, pro omni alio seruicio, consuetudine,
exaccione et demanda seculari : Nos vero Robertus de Bruys predictua
et heredes nostri totam terram predictam in tenemento de Langefor-
grunde, cum omnibus iuribus, libertatibus et pertinenciis suis, ut
predictum est, predicto Alexandro et heredibus suis contra omnes
homines et feminas warantizabimus, acquietabimus et inperpetuum
defendemus : Et ut hec nostra donacio et concessio et presentis carte
nostre confirmacio firme sint et stabiles in perpetuum hanc cartam
sigilli nostri munimine fecimus roborari ; Hiis testibus, dominis
Alexandro de Meyneres, Reginaldo de Crauforde, Waltero de Logan,
Roberto Boyde, militibus nostris ; Patricio de Schen, Petro de Grayden,
Roberto de Anande et multis aliis. [Seal detached, but put up with
the charter. It is in good preservation. Shield bearing a saltire and
chief. Supporter, a palm tree from which the shield depends. Legend,
« S. Roberti de Brus."

2. Charter by Walter, Steward of Scotland, narrating that Alexander,
son of Glay, for himself and his heirs, had resigned his whole land of

* A brief Report on the papers at Glamit by the late Dr. John Stuart is printed
in the Appendix to the Second Report of the Hiitorical Commissioners, p. 1 85,
None of the charters and other writs here reported on are mentioned in the previoas
Eeport.

7 78289. K

178

MSS. OF Eael Allerraony with its pertinents to Umfred of Kircpatrik, from whom he
AND^KisGHOEs ^^^^ *^® ^^^^ ^^ ^^^ ^^^ heritage ; and now Umfred has resigned the
-^ ' right of lordship which he held over said land with an annual rent of
two merks falling to him from it, which he held from the granter, who
now grants and confirms to William of Mongale, clerk, for his homage
and service, the whole land of Altermoni, without any drawback, to be
held to him and his heirs of the granter and his heirs, freely and
quietly, &c., rendering one silver penny at Whitsunday in name of
blenchfarm, for all other secular services, &c., with clause of warrandice.
Witnesses, Sirs Murdach. Earl of Menteith, James Lord of Douglas,
James Stewart the granter's brother, Malcolm Flemyng, Eobert Boyd,
Walter son of Gilbert, John Stewart, Robert of Coningham, William
of St. Clair, Robert of Bard, knights, John of Kalentire, Reginald
More, Richard of Bard, Fergus his brother, Robert Simpil, Adam son
ofHuchtred. [No date, 1314-1318.] Seal attached, somewhat broken
and defaced, showing on obverse an armed knight with a shield bearing
the Stewart fess, on horseback riding towards the sinister. On the
knight's helmet and the horse's head is a curious framework carrying a
lion (or leopard) rampant, facing to sinister. The horse bears a collar
shewing Stewart fess which is also displayed on the housings. Part
of legend " Walte . . . . e " ; obverse, a shield charged with a fess
chequy, round the shield are figures of leopards. Legend indistinct.
S ScociE.

3. Charter by King Robert the Bruce granting to Alexander Keith
part of the mill of Longforgan, 8 May [1315].

Robertus Dei gracia Rex Scotorum, omnibus probis hominibus tocius
terre sue, salutem. Sciatis nos dedisse, concessisse et hac presenti carta
nostra confirmasse Alexandro de Keth, dilecto et fideli nostro, totam
terciam partem molendini de Langforgrunde, vna cum quinque acris
terre ad eandem terciam partem molendini pertinentibus : quamquidem
terciam partem molendini vna cum quinque acris terre predictis
Johannes de Glastrethe nobis per fustum et baculum sursum reddidit,
coram quibusdam magnatibus nostris, apud le Tarbartis iuxtaLouchfyne,
vna cum toto iure et clamio quod in eadem tercia parte molendini et
terra habuit vel habere potuit pro se et heredibus suis. Tenendam et
habendam dicto Alexandro et heredibus suis vel assignatis suis de nobis
et heredibus nostris, in feodo et hereditate, adeo libere, quiete, plenarie
et honorifice, cum omnibus libertatibus, comoditatibus, aisiamentis et
iustis pertinenciis suis, sicut idem Johannes vel aliquis predecessorum
suorum dictam terciam partem molendini, vna cum quinque acris terre
predictis aliquo tempore tenuit sen possedit vel tenere debuit aut possidere.
In cuius rei testimonium presenti carte nostre sigillum nostrum precepimus
apponi. Testibus, Bernardo Abbate de Abirbrothoc,' cancellario nostro,
Gilberto de Haya, Alexandro de Meigners, Hugone de Ross, et Roberto
de Keth, militibus ; apud Abirbrothoc, octauo die Mail, anno regni
nostri decimo. Seal wanting.

4. Charter by King Robert the Bruce to Alexander Keith, of the
lands of Longforgan, 6th February 1324-5.

Robertus Dei gracia Rex Scotorum, omnibus probis hominibus tocius
terre sue, salutem. Sciatis nos dedisse, concessisse et hac presenti carta
nostra confirmasse Alexandro de Keth dilecto et fideli nostro tolam terram
quam de nobis prius hereditarie tenuit in baronia de Langforgrund cum
pertinenciis, et quam ipse nobis nuper per fustum et baculum apud
Berewicum super Twedam coram magnatibus regni nostri sursum reddidit
et resignauit. Tenendam et habendam predicto Alexandro et heredibus

179

suis de corpore suo legitime procreatis seu procreandis, iu feodo et MSS. of Eabjl
hereditate, per omnes rectas metas et diuisas suas, vnacum seruiciis asd^^is^^r^

liberetenenciura, annuls redditibus, et cum natiuis ac oranimodis bondagiis

et ceteris juribus et libertatibus ad dictam terram 8pectantibus,per seruicia
inde debita et consueta. Et si contingat dictum A.lexandrura sine herede
de corpore suo legitime procreate in fata decedere, dedimus et concessimus
Agneti, filie ipsius Alexandri et Willelmo Auenell consangiiineo nostro,
dictam terram cum pertinenciis pro se et heredibus eorum inter se legitime
procreandis ; quiquidem Agnes et Willelmus predicti si nullum heredem
de seipsis legitime procreatum superstitem reliquerint, predictii terra
cum pertinenciis ad nos et heredes nostros post decessum eorum
vel alterius ipsorum diucius viuentis libere reuertatur. In cuius
rei testimonium presenti carte nostre sigillum nostrum precepimus
apponi ; Testibus, Bernardo Abbate de Aberbrothoc, cancellario nostro,
Thoma Eanulphi, comite Morauie et domino vallis Anandie et Manuie,
nepote nostro karissimo, Jacobo domino de Duglas, Alexandro de
Setoun, Dauid de Berkeley, et Eduardo de Keth, militibus; apud
Abirbrothoc, sexto die Februarii auno regui nostri nonodecimo.

5. Transumpt of an Act of Parliament by King Davi<l Bruce,
beginning " Actum parlementi excellentissimi quondam principis
domini Dauid de Bruyg, regis Scottorum illustris, tenti apud Sconam
vicesimo septimo die mensis Septembris cum continuatioue dierura,
anno Domini millesimo tricentesimo sexagesimo sepiimo et regni sui
tricesimo octauo; primo, videlicet, quoad modum vivendi regis, super
quo domini congregati deliberent per hunc raodum, videlicet, quod
dominus rex vivere possit " — and so on as printed in the "Acts of
the Parliaments of Scotland," Vol. I., p. 502, down to " debitis antiquis
seruiciis remansur " of the first Act of that Parliament, then passing to
the middle of the next Act " et quod omnes carte et muniraenta," &c.,
to the end of that Act, concluding as follows: — "Datum per copiam
transsumptam de registro ad instanciam nobilis viri domini Jobannis
Lyovn de Glammys, mihtis, sub testimonio magni sigilli domini Koberti
Ducis Albauie, comitis de Fyfe et de Menteth ac regni Scocie
guberuatoris, apud Fornowale, vicesimo secundo die mensis Julii, anno
Domini millesimo quadringentesimo quarto-decimo et sue guberuacionis
anno nono."

6. Lettei-s (very faint and worn) by "Eufemia Dei gracia regina
Scocie," narrating a grant under the great seal by her husband,
" Robertus Dei gracia Eex Scotorum/' to John Lyouu as custodier of
the burgh customs assigned to her by her husband, and expressing her
consent that they should remain in his charge for his life time. Dated
at Edinburgh, 10th October 1375. Seal, — a female figure, robed and
crowned, and with sceptre in the right hand, standing under a canopy.
On her right is a shield bearing the lion of Scotland in the double
tressure. On her left is a shield bearing the three lions or leopards
of Ross.

7. Letters by John, eldest son of the King of Scotland, Earl of
Carrick, Steward of Scotland, Robert Earl of Fife and Menteith, and
Alexander Lord of Badeuoch, also sons of the King, narrating that
their father in consideration of the praiseworthy, faithful, and continuous
labours of John Lyoune, his clerk, had conferred upon him the lands of
the thanage of Glammys, in the sheriffdom of Forfar, wherefore they
considering the deserts of that grantee and his very faithful service to
themselves, confiani and ratify for themselves and their heirs the grant

u 2

180

o? Iti^thiS V^^^^ *^ ^^™ ' ^^^ promising that never in any future time shall they
Am KiiroHOEif. impugn or revoke the same, even if any of them should attain the royal
dignity, but they will renew and confirm the grant as often as required
by John Lyoun or his heirs, and shall maintain the same against any
one who may seek to impugn his possession. Dated at Edinburgh,
7th January 1373-4. Only one of the three seals formerly appended
now remains, a small neat seal, showing within a triangular ornamen-
tation a heater shaped shield bearing the Stewart fess chequj^, a moUet
in dexter chief. Legend " S. Roberli Senescalli," being the seal of
Robert Earl of Fife.

8. Letters Patent by King Robert the Second, remitting any
irregularities connected with the marriage between his daughter
Johanna Keith and John Lyon of Glamis.

Robertus Dei gracia Rex Scotorum, omnibus probis hominibus
tocius terre sue ad quos presentes litere peruenerint, salutem. Nouerit
vniuersitas vestra quod cum inter dilectos filium Johannem Lyoune,
camerarium Scocie, et Johannam de Keth filiam nostros, de nostri
et carissimorum filiorum nostrorum Johannis primogeniti nostri de
Carryk, senescalli Scocie, Roberti de Fyiff et de Meneteth, comitum,
Alexandri vSenescalli domini de Badenach et aliorum amicorum et
propinquorum consensu et assensu, matrimonium in facie ecclesie
f uerit nobis presentibus solempniter celebratum ; si inter eosdem
Johannem et Johannam ante dictam solempnizacionem matrimonii
actus aliqui interueneriut, puta matrimonium occulta contractum,
solicitacio, carnalis copula, huiusmodi copule carnalis tunc vel aliquo
tempore ante matrimonium per illam aut aliquem aliuin aut aliam,
pretensa excusacio, aut aliquid huiusmodi, quod nobis posset reputari
ad displicenciam vel eis aut eorum alicui ad perfidiara, infamie notam
seu periculum criminis publici vel privati ; nos, huiusmodi actus preuios,
tanquam preparatories ad matrimonium, matrimonium concomitantes et
ipsi matrimonio Concordes, intelligentes, vobis tenore presencium
significamus quod erga neutrum eorum occasione huiusmodi actuum
displicenciam retinemus ; ymmo, si ex huiusmodi actibus, occasione
aliqua, injuria vel displicencia queuis oriri in aliis sit solita, illam et
illas penitus remittimus ; volentes expresse quod neutvi eorum sint
imputabiles, puta ad perfidiam, infamiam seu culpam aliquam criminig
publici vel privati ; quare tenore presencium firmiter prohibemus ne
quis eis aut eorum alicui occasione premissa in iudicio vel extra, actus
predictos preuios aut alios quosque huiusmodi similes imputet ad
culpam, infamiam, perfidiam, aut huiusmodi aliquid seu eos aut eorum
aliquem exprobret, irritet vel infamet de eisdem, sub pena omnium que
erga nos amitti poterunt quoquomodo. Et hoc in fide et fidelitate
quibus nobis tenetur nullus attemptare presumat. In cuius rei testi-
monium has literas nostras pro toto tempore vite dictorum Johannis et
Johanne duraturas sibi fieri fecimus patentes. Apud Dundounald,
decimo die Mail anno regni nostri octauo [1378]. Portion of great
seal attached.

9. Charter by King Robert the Second granting to Sir John Lyon
the island of Inchkeith. 1379.

Robertus Dei gracia Rex Scottorum. . . . Sciatis nos dedisse,
concessisse et hac presenti carta nostra confirmasse dilecto filio nostro
Johanni Lyovne, militi, camerario nostro Scocie, insulara de Incheketh
cum pertinenciis, infra vicecomitatum de Fyffe, que fuit Johannis
McKelly et quam idem Johannes . . . resiguauit ac totum jus et
clameum que in dicla insula cum pertinenciis habuit vel habere potuit
pro Be et heredibus suis omnino quiete clamauit in perpetuum.

181

Tenendara et habendam dicto Johanni, heredibas suis et assignatis, de o^|j^^^^^

nobis et heredibus nostris, in feodo et hereditale ... in libei-am ^o kimqhoes.

warennam . . . Reddendo inde dictus Johannes et heredes sui —

yel assignati nobis et heredibus nostris annuatim vnum denarium argenti

nomine albe firme, si petatur, apud dictam insulara, ad festum

Pentecostes tantum, pro onini alio seruicio . . . Quare firmiter

prohibemus ne quis in dicta insula secet, aucupet aut venetur, sine

licencia ipsius Johannis et heredum suornm vel assignatorum super

nostrara pleuariani forisfacturam decern librarum. In cuius rei

testimonium presenti carte nostre nostrum precepimus apponi sigillum.

Testibus, venerabilibus in Christo patribus, VVillelmo et Johanne,

caucellario nostro, Sancti Andree et Dunkeldensis ecclesianim episcopis,

Johanne primogenito nostro, de Carryk, senescallo Scocie, Roberto de

Fyffe et de Metiteth, filio nostro dilecto, Willelmo de Douglas et de

Marre, consanguineo nostro, comitibus ; Jacobo de Lyndesay, uepote

nostro carissimo, et Alexandre de Lyndesay, consanguineo nostro,

militibus; apud Methfen, vicesimo octauo die mensis Julii, anno regni

nostri nono [1379]. Portion of great seal attached. [There is also

in the Glarais Charter chest a duplicate of this charter dated on same

day at Perth, before the same witnesses, but with one or two slight

verbal discrepancies.]

10. Charter by William Earl of Douglas and Marr, granting and
confirming to his beloved Sir John Lyon, knight, Chamberlain of
Scotland, for homage and service, the lands of Balmukedy, Ballynchore
Upper, and Ballynchore Nether, in the baro.'iy of Kerymure, within
the sheriffdom of Forfar ; to be held to Sir John and his heirs of the
earl and his heirs in fee and heritage for ever ; performing yearly to
the chief lords of that fee the service due and wont, and to the earl and
his heirs ward, marriage and relief when it falls due for all other
service. With clause of warrandice. Witnesses, James of Douglas,
the earl's son and heir, James Lyndes-say, lord of Crawford, Alexander
Lyndessay, lord of Glennesk, William Lyndessay, lord of Byres, Alex-
ander Mecteth, knights, Adam Forster, Alan Lawder, Bernard Cargill,
and Adam Glendonwyne. [This charter is not dated, but the precept
for infefting the grantee, usually identical in date with the charter to
which it refers, is dated 21st February 1380 [1381]. It is directed to
John Williamson, lieutenant to the Sheriff of Forfar, and still bears
part of the Earl's seal. A shield couche quarterly 1 and 4, three stars
on a chief and heart in base for Douglas ; 2 and 3, a bend between six
cross-crosslets for Mar. Supporter, a lion couchant, the shield sur-
mounted by a helmet and feather plume ; two trees in background.
Legend broken away.]

1 1 . Charter by Margaret, Countess of Marr and of Angus, daughter
and heir of the late Thomas Stewart, Earl of Angus, in her widowhood,
confirming to Sir John Lyon the preceding charter by the Earl of
Douglas and Mar in his favour of the lands of Balmekedy and the two
Balincheores, to be held to the grantee in fee and heritage. Witnesses,
James Douglas Lord of Liddesdale, son and heir of the Earl of
Douglas, and William Lindesay, knights, John of St. Clair, Jamea
of St. Clair, the granier'a brothers, Alan Lawder, Adam Glendonwyne,
and Henry Wedale. At the Castle of Temptalovne, 12th August 1381.

12. Charter by King Robert the Second granting to his beloved son,
John Lyoun, knight, chamberlain, the whole lands, rents, and goods
which had belonged to the late William of Lech, son natural of

182

MSS, OS Eael William of Lech, burgess of Aberdeeu, and had fallen to the King
and^i^^ghok'^. ^y I'eason of bastardy ; to be held to the grantee, his heirs and assignees
:~ ^ — of the King, and his heirs in fee and heritage, rendering services due

and wont. Witnesses, William, Bishop of St. Andrews, John, Bishop
of Dunkeld, Chancellor, John, eldest son of the King, Earl of Carrie,
Steward of Scotland, Kobert, Earl of FyfFaud Menteth, the King's son,
William Earl of Douglas and Mar, James Lindsay the King's grandson,
and Alexander Lindesay, knights. At " Glenscby," 30th September
[1380].

13. Notarial transcript of charter by Thomas Erskine of Ex'akyne,
ns follows : — " Omnibus banc cartam visuris vel audituris, Thomas de
Erskyne dominus eiusdem, custos ac firmarius omnium terrarum Sancti
Johannis lerosolimitani infra regnum Scotie constitutus, salutem in
Domino sempiternam. Sciatis nos dedisse, concessisse et hac pi'esenti
carta nostra confirmasse dilecto nostro Osberno de Yrnis, domino
de Thorntoun, totam terram templarem jacentem iuxta Haystoun in
vicecomitatum de Angus ex parte boreali de Haystoun, cum omnibus
pertinenciis suia ... ad dictam terram spectantibus . . .
quamquidem terram Michael de Munkure in manibus nostris per
fustum et baculum simpliciter resignauit : Tenendam et habeudam
totam terram predictam predicto Osberno et heredibus suis in feodo et
hereditate do domo hospitalis Sancti Johannis lerosolimitani et nobis
custode earundem terrarum ac custodibus dictarum terrarum infra
regnum Scocie qui pro tempore fuerint : Reddendo inde .
duodecim denarios argenti ad festum natiuitatis beate Johannis Baptiste
et communem sectam curie Sancti Johannis pro omni alio seruicio."
With clause of warrandice. Dated at Perth, 31st January 1398-9.
[The notarial transcript was made at the request of John of Thorntoun,
son and heir of Osbern of Yrnys, Lord of Thorntoun, in the town of
Dundee, 14th April 1425, before Sir Patrick Ogilvy, knight. Sheriff
of Angus, Richard Lowell, Lord of Ballumby, Thomas Lowall of
Kynbachlaw, Thomas Eotheringame of Povvry, and William Man,
burgess of Dundee, as witnesses. Notary, John Ydill.]

14. Obligation by George Earl of Angus, Lord Douglas, and of the
regality of Kerymore, warden of the east and middle marches of
Scotland, " fornentis Ingland," binding himself to his " derrest cousing
Schir Patrick Lord of Glammis," that, notwithstanding the Earl had
charged his " erne " Robert the Giahame of Auld Montrose to
recognosce in the Earl's hands his lands of Balmuktis and Balinchois
which Sir Patrick held of the Earl, and that because of certain
alienations made of these lauds without tlie Earl's lisence or consent,
yet the recognition shall not prejudice Sir Patiick or his heirs, neither
as to his fee and heritage nor his mail), but he shall " demaine " or
possess them as if they were unrecognosced and have them " to borcb. "
(pledge) when he pleases to pursue the Earl therefor. At Abernethy,
15th January 1456-7. Seal impressed, much broken.

15. Extract (contemporary) from the books of the High Court of
Justiciary, of the acts and conviction against Janet Douglas, Lady
Glamis, and her son John Lord Glamis, for alleged conspiracy against
the life of King James the Fifth, aiul of the sentences pronounced
against them, I7th and 18th July 1537. [Printed in full in " Criminal
Trials in Scotland," by Robert Pitcairn, Vol. L, pp. 190*, 191*, 199.*]

16. Precept by William Earl of Angus, &c., superior of the lands, in
terms of an inquest made by his command before the bailie of the

183

regality and retoured to his chancery directing the bailies of his regality o^^||g°'j^^

of Kevymure to infeft Patrick Lord Glamis, as nearest and lawful heir x^ Kisaaous.

of his father, the late John Lord Grlamis, Chancellor of Scotland, in

the lands of Balraocattie, Avith mill, lying in that regality and sheriffdom

of Forfar. Dated at the burgh of Canongate, 6th August 1599 ;

witnesses, Sir Walter Scott of Branxholm, knight, Mr. William Scott

of Grangemure, Mr. William Olyphant, of Xewton, Advocate, and

Mr. Oliver Colt, Advocate. Subscribed, " Gulielmus Angusie

Comes."

II. — Chakters and other Writs relating to the Abbey of Jedbl'RGH
and Priort of Eostinoth, 1188 — 1561.

17. Charter by King William the Lion to the church of Reslennet of
the lands of " Ardnequcrc," afterwards called Gossans. [1188 — 1198.]

W. Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre
sue, clericis et laicis, salutem. Sciant presentes et futuri me dedisse et
concessisse et hac carta mea confirmasse Deo et ecelesie Sancti Petri
de Rostinot, et canonicis ibidem Deo seruientibu.s, Ardnequerc in
excambium de Fofferin per ea.sdem diuisai per quas Joheri predictam
Ardnequerc tenuit. Tenendum in liberam et perpetuam elemosiuara, in
boscoet piano, in terris et aqiiis, in pratiset pascuis, in moriset maresii.*?,
ita libere, quiete,et honorifice, sicut alias elemcsina« suas liberius,quietius
et honorificentius tenent ; Testibus, Hugone Cancellario meo, A. Abbate
de Dunfermlin, Jocelino Archidiacono Dunkeldensis, Ricardo de
Prebenda, Malcolmo filio comitis Dunccani. Roberto de Mortimer,
Willelmo de Haia, Briccio judice. Apud Forfar.

18. Sentence pronounced by the Sub-dean of York in a question
between the Abbey of Jedburgh and the Bishop elect of St. Andrews
as to the church of Aberlemno, 16th December 1239.

Omnibus Christi fidelibus ad quos presens scriptum peruenerit,
Johannes Romanus sub-decanus Eboracensis, salutem in Domino.
Literas domine pape in hec verba recepi : — Gregorius episcopus, seruus
senioi'um Dei, dilecto filio magistro Johanni Romano sub-decano
Eboracensi, salutem et apostolicam beuedictionem. In ill ins prouisione
qui ecelesie potest fructuosus existere mandatum debet prelatus
apostolicum preuenire, quia id maxime in ecelesie lucrum conuertitur
quod ei tribuit per quern suis patenter necessitatibus subueuitur, quin
pocius quod vni diguo concedimus multorum vtilitatem absque dubio
procuramus ; Hinc est quod cum dilectus filius, Magister Johannes
de ciuitate Antina, scriptor noster, sue probitatis intuitu nobis acceptus
existat et ecelesie de Jeddewrde ordinis Sancti Augustini Gla[s]guensis
diocesis fructuosa exhibere possit obsequia, utpote qui propter accepta
seruicia que ecelesie Romane temporibus longis exhibuit sibi merito
fauorem sedis apostolice comparauit ; nos attendentes quod digne illi a
quo seruicia grata recepimus manum prouisionis munificam exhibemus;
dilectos filios, Abbatem et conuentum eiusdem ecelesie de Jeddewrde
rogandos, duximus attentius et hortandos nostris sibi dautes litteris in
maudatis, ut eidem scriptori ob reuerenciam apostolice sedis et nostram
in aliquo ecclesiastico beneticio competenti quod consueuerit clericis
secularibus assignari, si uacat ad presens uel quam cito uacare contigerit,
non obstante si eis super alterius prouisione direximus scripta nostra
prouidere procurent, exhibentes sibi interim centum solidorum sterling-
orum annuam pensiouem ; ita quod exiude deuocionera ipsorum merito
commendemus. Quo circa discretioni tue per apostolica mandamus

184

o^lT*RATm«m^E <iu^ti^us si dicti Abbas et conuentus mandatum nostrum neglexerint
ASD KiNGHOKN. adioiplere, tu eos ad solucionem pensionis ipsius sublato appellacionis
impedimento compellens mandatum apostolicum quoad prouisionem
beneficii nichilominus exequaris, contradictores per censuram cccle-
siasticam, appellacione postposita, compescendo, non obstantibus
constitutione de duabus dietis edita in concilio general! et indulgencia
qua prelatus regni Scocie a sede apostolica est indultum ne per litteras
apostolicas extra regnum ipsum ualeant conueniri ; nos enim ex nunc
decernimus irritum et inane siquid contra mandatum nostrum contigerit
attemptare. Datum Interamnae [Terui] xiii kal. Februarii, pontificatus
nostri anno decimo. [20 January 1237]. llarum auctoritate in mea
presencia in ecclesia Sancti Petri Eboraci uocato canonice domino electo
Sancti Andree qui se donacioni Magistri Johaunis de ciuitate Antina
facte super ecclesia de Aberlemenach opponebat, idem electus per pro-
curatores Magistros L. Trauers et W. de Mortuoraari in crastino Sancte
Lucie in ecclesia Eboraci comparuit, procuratore ibi comparente priore
monasterii iam dicti ; procuratores eiusdem hiis racionibus nitebantur
collacioni prefati magistri Johannis super dicta ecclesia de Aberlemenach
contraire, scilicet, cum dicta ecclesia de Aberlemenach spectat ad eiu&
donacionem, ut dicebant, tum de iure coramuui quia sita est in territorio
suo, cum de iure speciali propter priuilegia felicis memorie Lucii pape^
et domini pape Innocencii episcopis Sancti Andree indulta quorum'
nullum ostendebant uel sunt vsi, ut pars altera allegabat, nee obstant
instrumenta canonicorum ut aiebaut. In primis instrumentum domini
regis Wilelmi tum quia sede uacante contulit ecclesiam memoratan'>
quam oonferre non potuit, nee confirmacio episcopi cum nulla fuerit
collacio, nulla debuit esse confirmacio ; preterea alienare non potuit
absque subscripcione et confirmacione capituli, que si postea fuerit secuta
defuncto episcopo nullius esse momenti. Dicebant etiam quod nuUe
sunt partes inesse circa collacionem istius ecclesie cum plures ecclesie eis
uacauerint ad quarum primam mea iurisdictio se extendebat quod falsum
esse penitus est probatum. Quibus omnibus de consilio uirorum
prudentum de iure cassatis et reprobatis, eandem ecclesiam de Aberle-
menach ad dictorum abbatis et conuentus presentacionem, magistro
Johanni de ciuitate Antina auctoritate prescripta mihi commissa senten-
cialiter adiudicaui hiis potissimum rationibus, quia credibile non fuit quod
tantus et tarn discretus bone memorie Wilelmus Episcopus utriusque
juris peritus in preiudiciura suum et sue ecclesie admisisset ultimam
personam ad presentacionem dictorum canonicorum sicut ex eius instru-
mento apparet ; nee etiam credibile uidetur quod indite recordationis
Eex Wilelmus, uir iustus et pius, in detximentum ecclesie in mauu sua
existentis aliquid contulisset cum bona eiusdem augere quam minuere
pocius sit conatus ; vnde instrumentis legittimis et documentis quam
eorum sophisticis allegacionibus pocius sit credendum, et cum in pos-
sessione iiiiienti fuerint uera et pacifica ad eandem ecclesiam presentandi
60 etiam fortius quia iidem canonici litteras dicti electi in iudicio
protulerunt signo suo signatas, quibus rogabat eosdem dictam ecclesiam
clerico suo conferri, quod quidem minirae fecisset si ad suam spectare
crederet donacionem. Decreui etiam per censuram ecclesiasticam
cohercendos tam prefatum electum quam alios qui huic senteucie se
duxerint opponendos. Datum Eboraci, xviii kal. Januarii, anno grade
m^cc^xxx" none.

19. Letters by Pope Gregory Ninth directed to the Bishop of
Glasgow and the Archdeacons of Aberdeen, Glasgow, and Teviotdale,
in reference to a petition by the Abbot and monastery of Jedburgh, as
to the (question between them and the bishop elect of St. Andrews

185

about the church of *' Aberleuenach " or Aberlemno, on which a MSS. opEarl
definitive sentence had been pronounced by the sub-dean of York, ^^ k^^^m.

praying that the sentence may be confirmed by Apostolic authority,

which the Pope directs to be done, [This writ is much defaced and
worn, but it appears to be dated from the Lateran in April, probably of
the year 1240.]

20. Notarial traosumpt of charter by David [Bernham], Bishop of
St. Andrews, granting and confirming ,with consent of his chapter, to
the Ablx>t and canons of Jedburgh (Jedworcht), the church of Restinot
with cliapel of Forfar adjacent thereto, and with all teinds, oblations,
lands, and liberties pertaining to the church and chapel, " ita quod
Abbas de Jedworth qui pro tempore fuerit priorem et fratres ibidem
ponat et amoueat cum uiderit expedire prout hactenus fieri consuetum
est et prior qui ibidem pro tempore administrauerit curam habeat tocius
parochie de Restinot et de Forfar dicto Abbati de temporalibus nobis
uero et successo) ibus nostris de spiritualibus responsurus et facial tarn
in matrice ecclesia quam in capella per canoiiicos uel capellanos ydoueos
congrue deseruire." The Bishop therefore declares the said church and
chapel to be free from all synodal and other burdens as it has hitherto
been understood that they were, " et ut ipsa capella nulla detllcatione
ipsius uel cimiterii matrici ecclesie de Restinoth pieiudicante, ad ipsam
iure parochial! spectet et eidem tanquara membrum imperpetuum vnita
permaneat." Dated at Restinoth on the vigil of St. Bartholomew the
Apostle when the chapel of Forfar was dedicated [i.e., on the 23rd August]
of the year of gi-ace 1242. [This transumpt was made on 24th August
(St. Bartholomew's day) 1474, at the instance of Robert, Abbot of
Jedburgh, in the Abbot's lodging in Edinburgh, Sir William Forfar, prior
of Restinot, William Turnbull, and Alexander Pryngyll, witnesses.
John Lockhart, notary.]

21. Notarial transcript (without date) of the above grant of 1242 by
David, Bishop of St. Andrews, and also of the following confirmation : —
" Confirmatio de ecclesia de Restinoth. Omnibus sancte matris
ecclesise filius, etc. Prior et conuentus Sancti Andree eternam in
Domino, salutem. Nouerit vniuersitas vestra nos ratam et gratam
habere concessionem et confirmationem venerabilis patris nostri, Dauid,
Dei gracia episicopi Sancti Andree, quam fecit Abbati et canonicis de
Jedwod super ecclesia de Restinoth et capella de Forfair, cum perti-
nenciis suis et libertatibus, secundum quod in carta eiusilem episcopi
planius continetur. In cuius rei testimonium, etc.'' He sunt vere
copie principalium scriptorum supra-scriptorum [the two writ.s now
referred to, Nos. 20 and 21], extracte de regestro monasterii Sancti
Andree et collationate per veuerabilem virum dominum Dauidem
Guthre, tertium priorem eiusdem monasterii, et nos connotarios
subscriptbs cum suis originalibus concordantes, coram discretis viris
Hercule Guthre de Owir Dysart, domino Joanne Scot, canonico dicti
monasterii, raagistro Roberto Punt et Johaune Wilsoun, notariis
publicis, testibus, et nostris subscriptionibus manualibus. Ita est Dauid
Herwy, notarius public us, manu sua scripsit. Ita est M. T. Hervy,
notarius in premissis, manu sua. Ita est Dominus Dauid Guthre,
tertius prior ac custos huius registri, etc."

22. Charter by the Prior of St. Andrews confirming a letter by
Bishop Lamberton to the Priory of Restennet. " Vniuersis Christi
fidelibus ad quos presens scriptum peruenerit, Johannes, Dei gracia
Prior Sancti Andree et eiusdem loci conuentus, salutem in Domino
sempiternam , . . vniuersitati vestre per presentes innotescimus

186

MSS. oj Easl nos qiiaudatn literam domini Wilelmi de Lambirtoun, episcopi nostri
ASD^KnJoHo^. prioribus et domui de Rostinot concessam . . . inspexisse, in hec
— verba : Willelmus, Dei gracia episcopus Sancti Andres, vniuersis ad

quos presentes litere peruenerint, salutem in Domino. Quoniam quod
gratis tribuitur sine debito gratis habet admitti a tribuente nee sibi in
posterum in darapnuin cedere debet quod prestatur ; cum igitur priores
de Restinot tempore visitacionis nostre singulis annis in prioratu sue
predicto facte nobis pro beneficiis nostris consilio et auxilio nostro dicte
domui sue inpensis quatuor marcas gratis contulerunt : nos vero
nolentes post dies nostros quod hec prestacio gratuita nobis facta per
priores supradictos prefate domui aliquid preiudicium genei'et in futurum
uel successoribus nostris aliquid ius attribuat dictas quatuor marcas de
prioribus dicti loci racione procurationis aut sub alio nomine petendi ;
vniuersitati vestre tenore presencium significamus nos dictas quatuor
marcas a prioribus supradictis ex mero dono suo suscepisse et ob
causam supradictam nee ibidem nisi vnicam procuracioni per annum
vendicamus, et hoc omnibus quorum interest per presentes significamus.
In cuius rei testimonium presentibus literis sigillum nostrum apposuimus.
Datum apud Wedalle, septimo decimo die mensis Aprilis, anno gracie
m°ccc° vicesimo tercio." The charter of confirmation is dated at
St. Andrews, 12th May 1323.

23. Agreement between James, Bishop of St. Andrews, for himself,
his church, and his successors, bishops, on the one part, and Friar
John of Eskdale, Prior of Rustinot, for himself and his priory and as
procurator for the Abbot and Convent of Jedburgh, on the other part,
to the effect that the bishop, with consent of his chapter, has granted
in fee farm and demised to the Prior of Rustinot and his successors,
his whole land of Rostcolby, with its pertinents, &c., with mill and
kiln, reserving to the bishop and his successors, the place which is called
*' Mons " or place of pleas for holding his court, " et superiori dominio
terre predicte et domo seriandi cum crofto eidem adiacente et ouili
quod dicitur ' puudfald ' et vsu in communi pastura pro propriis
animalibus dicti seriandi iuxta numerum consuetum," and that for a
yearly rent to the bishop and his successors of fourteen merks sterling,
seven shillings of rent of a part of the lake of Restynot inclusive being
computed an equal moiety ; the entry of the Prior to be at Pentecost
1331, the first term's payment beginning at Martinmas of same year,
for all burdens, it being understood that the Prior shall be free from
all carriages, &c., in the land, and he shall not be bound to make suit
at the bishop's court. The prior for himself and his successors pledges
the goods of the priory present and future to pay the rent. Clause of
warrandice by the bishop. Dated at Lundy in Angus, 6th September
1330. Seals wanting.

24. Another Tack or Grant by William of Lawndelys, Bishop of
St. Andrews, referring to an agreement between his predecessor the
late James Benedict (or Bennet), Bishop of St. Andrews, and the late
John of Eskdale, Prior of Rostynoth, " super terris . . de Roscolby
et Rosfoly eidem priori et suis successoribus prioribus de Kostynoth in
perpetuum assedatis," by which the prior agreed to pay the bishop
twenty merks sterling for the lands, " quequidem pecuiiie summa
quamuis eidem episcopo aliquibus annis retroactis paucissimis tamen
persoluta fuerit. Nos tamen consideratis modernis temporibus que
duriora et deteriora sunt solito ac hostilitatibus et persequcionibus que
feruencius vigent hiis diebus, uec non et dami^nis ac grauaminibus
que ex huiusmodi compositione dictus prioratus de Rostynoth euidenter

187

austinuit ; ad bonum consciencie recurrentes ac equitatem in hac parte 3ia&.c»
volentes preferre rigori, habito super hoc consilio et assensu capituli
nostri ac diligenti tractatu et deliberacione de peritorum et fidelium
consilio, dictam composicionem cum moderamine sic duximus re-
laxandam. Et volumus ac per presentes concedimus quod dominus
Alexander del Faiikyrc, nunc prior de Rostynoth, nobis et successoribus
nostris, episcopis Sancti Andree, soluat pro dictis terris pro tempore
ipsius decern marcas sterlingorum annuatim proportionaliter ad duos
anni terminos consuetos ; et si dicte terre pro maiori summa assedari
poteruut per ipsum priorem vel camerarium nostrum aut successorum
nostrorum presentem cum ipso in assedacione tantum, nobis et dictis
successoribus nostris soluet ad quantum astedacio dictarum terrarum
altius se extendit, predicto vero domino Alexandro cedente vel decedente
vel alias qualitercunque translato rel promoto, volumus et ordinamus
quod composicio inter dictum predecessorem nostrum et prefatum
dominum Johannem, priorem tunc de Rostynoth, prius facta in suo
robore permaneut et ad statum prist inum libere reuertatur ; quod
autem ad huiusmodi composicionem relaxandam et moderandam rerum
experientia docente ac disposicione suadente temporum consensimus
equitas et bonum consciencie nos induxerant, et hoc nostris suc-
cessoribus efficaciter et expressius indicamus. In cuius rci testimonium
sigillum nostrum rnacum sigillo communi capituli nostri presentibus
est appensum. Datum apud Sanctum Andream, die Mercurii in festo
Sancti Georgii Martiris, anno Domini millesimo triceutesimo quinqua-
[gesimo] . . . [the last words being torn away, but the year was
probably 1354, and the day 23rd April]. Bishop's seal still appended,
but much defaced.

25. Letters by Andrew Dempster, uncle, Finlay son of William,
and John of Cullas, lords of the lands of Menmuir, narrating that they
were bound lo the prior and canons of Rostynot for the time in four
pounds of good and lawful sterlings by reaaon of the teind penny due
yearly to the prior, etc., from the lands of Menmuir, payable in each
year for ever within the Priory of Rostynoth, beginning at Whitsunday-
next ; and if the granters lail to pay the sum in whole or in part
within fourteen days of any term, they oblige themselves, their heirs,
lands, men, and goo<ls, that the latter shall be distrained wherever
found, for payment of eight merks of sterlings at ihe terms pro-
portionally to the prior, &c., in name of the value (" extente ") of the
teind penny made to them of the lauds. Because their seals are little
known, they procure the affixing of the seals of William, Bishop of
St. Andrews, Patrick, Bishop of Brechin, chancellor of Scotland, David
Grahame, lord of Aid Monros, and Robert Ramsay, then sheriff of
Forfar. At Kynell, 8th October 1^60, [This obligation will be found
printed in the Registrum Magni Sigilli, Vol. I., p. 43, narrated in a
charter of confirmation by King David the Second at Scone, 3rd August
1365.]

26. Letters by Patrick, Bishop of Brechin, Chancellor of Scotland,
testifying and declaring that he had seen a charter by the late David,
King of Scots, son of the late Malcolm, King of Scotland, and of
St. Margaret, Queen, from which he plainly and fully perceived that
the prior and canons of the priory of Rostynot were infeft of old in
twenty shillings yearly from the rents (firmis burgi) of the burgh of
Monros for light to the church of Rostynot, as well as in the teind
pennies (decimis denariis) of these rents, and that the prior, &c., held
these rents by a foundation and infeftment earlier than that by which

188

MSS. or EAEt the Bishop of Brechin and hia predecessors held the annual rent due to

AHD KiNOHOEN. them from the said burgh ; wherefore the bishop makes known that it

— ■> — is not his will that the prior and canons or their successors should at

any time be hindered in their receipt of the twenty shillings or the teind

pennies because of the annual rent due to the bishop. Dated at

Fernuall, 1st May 1361.

27. Notarial Instrument narrating that in the Apostolic Chancellary
before Simon Archbishop of Patras for Roderick Bishop of Albania,
Cardinal Valentin, Vice -Chancellor of the Holy Roman Church, and in
presence of the notary and others, an honourable man, Sir William
Lyndesay, lately prior of the Priory of Restanet, of the Order of
St. Augustine, St. AndrcAv's diocese, appeared by Sir William Turnbull,
his procurator, and made faith that he consented to resignation and
the expediug of letters of said priory, which has been by apostolic
authority perpetually united to the Abbot's table (" mense Abbatiali ")
of the monastery of Jeddworth ; moreover the piocurator swore upon
the soul of the principal resigner and upon the gospels that no fraud,
guile, simony, or bribery intervened in this resignation. Done on
12th June 1476. Witnesses, James " de Rizonibus " and Celsus " de
MoUiniis," two abbreviators of the apostolic letters.

28. Notarial Insti'ument narrating that, in presence of the notary
and witnesses, there appeared William, Prior of Restinoth, in the
church of St. James the Apostle, in the burgh of Forfar, and delivered
to be read a procuratory (dated at Edinburgh, 21st October 1486) by
Mr. David Steuart, pensioner of Rostinoth, appointing his chaplains,
John Lowtholt and Gregory Lauder, to appear in his name before
William Rutherfurd, Prior of Rostinoth, and to receive and take full
count and reckoning from him of the surplus of Mr. David's benefice of
Aberlempno, and to uplift and receive the surplus of the sum of two
hundred merks remaining unpaid to him, besides the amount to which
his church of Aberlempno extends ; also to account for the receipts,
give acquittances, and all other things to do belonging to the office of
procurator. Which procuratory being read, Prior William desired a
notarial instrument, protesting that if any frivolous or fi-audulent excep-
tions were contained in the procuratory regarding the business, they
should not prejudice him or his place of Rostinoth, nor hurt his right.
He moreover alleged that the sheriffs deputed by royal letters to divide
the teind sheaves of the parish church of Aberlempno had not duly
executed their office because they were not sworn to that effect, neither
also did they fulfill the engagement in the royal letters that they should
choose the nearest neighbouring gentlemen and other trustworthy men
to value the teind sheaves of Aberlempno to their highest value, but
they selected no others to this effect, but the parishioners of the parish,
who estimated the teind sheaves favourably and not at their highest
value, which of right they (the sheriffs) ought not to have done, l^one
in the said church 24th October 1486. Witnesses, James Rynde of
Broxmouth, Alexander Ramsay of Wodwray, James Ramsay, Sir
Alexander Guthre, chaplain, Andrew Lindesay, William Plot, and
Thomas Strang. William Thornton, notary.

29. Notarial Instrument narrating that, in presence of the notary and
witnesses, there appeared David Lyon, tutor^ and in name of John Lord
Glammys, brother and heir of the late George Lord Glammys, as
he asserted ; who with due reverence presented to Henry, Abbot of
Jedworth, a precept (dated at Edinburgh, 6th February 1510) from

189

the chancery of King James the Fourth, directing Henry, Abbot of MSS. or Eakl

Jedburgh and the convent there, as superiors of the lands, to infeft 1^ Kn^o°^.

John Lord Glaramjs as lawful and nearest heir of his late brother, —

George Lord Glammys, retoured before the sheriff of Forfar in the

lands of " Ardfork," in the sheriffdom of P'orfar ; which precept being

read the tutor made humble petition that the Abbot would give sasine

in terms of the brief. The Abbot responded that he was williug by

himself or his bailies to fulfil all things contained in the brief without

delay and according to law. Done in the public street (publica

platea) of the town of Edinburgh at 9 a.m. on 25th February 1.510-11.

Witnesses, Robert Cotis, vicar of Cassilton, Charles Levington, George

Gude, Thomas Vemour, and Walter Gledstanes, John Inglis, notary.

30. Letters by John [Hume], Abbot of Jedburgh, granting to
Mr. Alexander Lyon, chantor of Moray, his heirs and assignees, the
non-entry duties of the lands of Ardquhork alias Cossynnis, in the
sheriffdom of Forfar, for all the years during which the lands have been
in the Abbot's hand by reason of non-entry, and for the years and terms
until the entry of the rightful heir. Dated at Edinburgh, 21st May
1532. Signed *• Ihone, Ab* of Jed." Oval seal appended. Under a
canopy, in centre compartment, the Virgin and Child on an ass led by
St. Joseph. A tree in the background bending down its branches, from
one of which the Virgin is plucking the fruit. Beneath an ecclesiastic
praying. Legend partly illegible. S. Ioannis, Abbatis Mos. de
Iedword.

31. Precept by John, Abbot of Jedburgh, for infefting John Lord
Glammis as nearest and lawful heir of his predecessor the late John
Lyon, of Glammis, Knight, Chamberlain of Scotland, last vest and
seised in the lands of Ardquhork alias Cossynnis, in the sheriffdom of
Forfar, held of the Abbot in chief. Dated at Edinburgh, 2l8t May
1532.

32. Charter by John, Abbot of Jedburgh, with consent of the
chapter, granting and confirming to John Lyon, Lord Glammys, his
heirs and assignees, the lands of Ardecorke alias Little Cos.'^ynnis,
in the sheriffdom of Forfar, also granting all right or claim which the
Abbot or his predecessors had to the non-entries of the lands ; to be
held to the grantee in fee and heritage for paying to the Prior of
Rostinoth for the time the sura of forty shillings Scots yearly in
name of feufarm. Dated at Jedburgh, 25th October 1534. Signed,
*' Johanes, Ab* de Jed," and nine of the convent also sign. Seal
detached somewhat broken and defaced. Obverse, two figures in a
centre compartment, representing the coronation of the Virgin. Legend,
Sigil[lum commune cap]ituli de leddeworthe. Foliage and tracery.
Reverse, four niches, the two centre figures being apparently Christ and
the Virgin, and two ecclesiastical figures in each of the other niches,
which are divided in the middle. Legend beginning " mater," the rest
illegible. [The Abbott granted a precept of sasine on the same date to
which a fragment of the chapter seal is still attached, which was followed
by sasine in due form on 2nd March 1536-37.]

33. Precept of Clare Constat by Andrew, Commendator of Jedburgh
and Restennett, for infefting John now Lord Glammys, as nearest and
lawful heir of his father, the late John Lord Glammys, in the lands of
Little Cosnes, in the barony of Restennet and sheriffdom of Forfar,
held of the Abbot in feu farm. At Edinburgh, 4th June 1561. Signed

190

MSS. OP Eabl " Andro, Comeda' of Jedburgh." Seal attached. Oval ; Virgin and
AND Knf^M? Child under a canopy. The arms of the family of Home, to which the
— ' commendator belonged, on a shield at foot. Legend, " S. Andree,
Comedatarii Monasterii de ledburgh."

34. There is also a " Eentale omnium nnnuorum reddituum Priori de
Restennett et conuentui eiusdem pertinentium de terris subscriptis
jacentibus infra vicecomitatum de Forfar," but it need not be given in
extenso here, as it has been printed in full in " Memorials of Angus and
Mearus," by A. Jervise. Ed. 1861, pp. 478-480, App. No. XVII.

William Fraskr.
Edinburgh, 32, Castle Street,
8th June 1893.

191

EEPORT UPON THE CORRESPONDENCE OF LORD
CHANCELLOR SEAFIELD, WITH SIDNEY, EARL OF
GODOLPHIN, LORD TREASURER OF ENGLAND, AND
OTHERS, PRESERVED AT CULLEN HOUSE, BANFF-
SHIRE, NOW THE PROPERTY OF THE RIGHT
HONOURABLE CAROLINE, COUNTESS DOWAGER OF
SEAFIELD.

This Report is divided into the following sections : — c^^^°'

I. Royal Letters and Instructions from Queen Anne, to James, Dowagbk ov
Earlof Seafield, Lord Chancellor, 1 704-1 "05, and alsoLettere «t!^'

from William, Duke of Cumberland in 1746 and 1748.
IL Letters fiom Sidney, Lord, afterwards Earl of Godolphin,
Lord High Treasurer of England, to James, first Earl of
Seafield, Lord High Treasurer, afterwards Chancellor of
Scotland, 1703-1712.

III. Letters from the Earl of Seafield to King William and from

statesmen and other writers of note to James, fourth Earl
of Findlater, and first Earl of Seafield, also a few letters to
his grandson, James, sixth Earl of Findlater, and third Earl
of Seafield, 1700-1785.

IV. Miscellaneous Writs in the Charter Room at CuUen House.

James Ogilvie, Viscount and Earl of Seafield, who was the last'
Lord High Chancellor of Scotland, was the second son of James,
third Earl of Findlater. By the death of his elder brother, Walter,
Lord Deskford, he became heir apparent to the Earldom of Findlater,
during his father's lifetime. He studied for the Scottish Bar, and was
admitted Advocate iu January 1685. His success in his profession was
great and his promotion rapid. He was appointed Solicitor-General for
Scotland in 1693, and Secretary of State in 1695, an office which he
held until November 1702, when he Avas made Lord High Chancellor
of Scotland. Two years later he was removed from that office, but was
again made Secretary of State. In March 1705, however, he was
restored to the office of Chancellor, which he retained until after the
union of the Kingdoms in 1707; and iu the following year, 1708, he
was made Lord Chief Baron of the Court of Exchequer. His services
to the State were rewarded by his elevation to the peerage during his
father's lifetime, first in 1698 as Viscount Seafield, and in 1701, as Earl
of Seafield. He succeeded his father in 1711 as Earl of Findlater, and
was thenceforward known as Earl of Findlater and Seafield till his death
in 1730.

Notwithstanding that the Earl of Seafield zealously j)romoted the
union between Scotland and England, the extension of the malt tax to
Scotland was considered by him such an infringement of tlie union that
in 1713 he moved iu the House of Lords for leave to bring in a Bill for
dissolving the imion. The result was considered damaging for the
union as the votes of 108 peers present were equal, and the proxies
made only a majority of four out of 138. Soon afterwards the Earl

192

MSS. OP appears to have been consoled by his appointment as Keeper of the
Dowager of Grreat Seal and presided in the Session as Chancellor.
Skajibld. Most of the letters now reported on were written to or by Lord

Seafield in his capacities of Secretary of State or Chancellor. The
earliest in point of date are Nos. 48-50, written to King William about
the middle of the year 1700. They are of interest as showing the
advice which Lord Seafield gave to the King at that critical juncture
when Scotland was greatly excited about the failure of the Colony of
Caledonia.

These three letters are the only papers relating to the reign of King
William the Third. The next in date, Nos, 51 and 52, are from James,
second Duke of Queensberry, who was appointed High Commissioner
to Queen Anne's Scottish parliament of 1703, and relate to his pre-
parations for entering upon his duties. Of the same year are Nos. 9-12,
from the famous Sidney, Lord, afterwards Earl of Godolphin, High
Treasurer of England, who managed the government of both kingdoms
at this time. As is well known the parliament of 1703 was somewhat
turbulent and its results not satisfactory to the Queen, and we have
some plain hints from Godolphin as to what was expected of Her
Majesty's ministers in Scotland, one lettei'. No. 11, even indicating the
policy which was afterwards adopted of treating Scotland as an in-
dependent State which might, if she chose, declare war against England.

The lettera of Lord Godolphin are numerous and those which have
been selected for reporting form the second section of this Report. The
first four relate to the year 1703, and have been referred to. The next
fifteen of the series, Nos. 13-27, deal with the year 1704, which was also
a troublesome period. Nos. 1 and 2 of the Report should also be read
along with the letters of this year, as they contain the special instructions
given by Queen Anne to Lord Seafield as Chancellor for promoting the
measures recommended by Her Majesty. These express her views on
the settlement of the succession, and her determination to attain her
ends. Lord Godolphin's letters all more or less emphasise the same
policy. They also indicate the feeling of the government at the refusal
of the Scottish Parliament to comply with the royal wishes. References
are likewise made to fears of invasion by France. To this year also
belongs letter No. 54 from John, first Duke of Athole, one of the
opponents of the government.

Nos. 28-36 contain the High Treasurer's letters for 1705, a most
important year, when, under John, Duke of Argyll, as Commissioner, and
Lord Seafield as Chancellor, the first step towards the union was made
by passing an Act appointing Commissioners for a treaty between the
two kingdoms. To this year also belong letters Nos. 3 and 4, the former
of which contains a reprieve for the crew of the " Worcester " accused
of piracy. As is well known. Captain Green, the master of that ship,
which was a heavily armed vessel, was accused, with his men, of having
attacked a ship belonging to the African or Darien Company and
murdering her crew. Green and two of his men were hanged, while
the remaining eleven were ultimately released.

After 1705, Godolphin's letters become less frequent, and they cease
with No. 47 in February 1712.

The remaining letters to LordChancellor Seafield are chiefly contained
in Section III. of this Report. They run from No. 55-83, between the
years 1704 and 1725, and are of a miscellaneous character. The Dutch
Ambassador's complaint in No. 57 shows some difficulties in the way of
free trade. Two letters from William Penn, the founder of Pennsylvania,
Nos. 59 and 06, and two from Sir Isaac Newton, Nos. 60 and 70, may
be noted. There are also letters from the Duke of Marlborough

193

Kos. 71 and 72, wid his Duchess, Nos. 80 and 81. Other letters are qo^'^'
from Lord Loudoun, General George Wade, and John, sixth Earl of Mar, Dowa'gbb o»
afterwards the Jacobite leader. One letter of some interest during this Sritieij).
period is Xo. 5, a contemporary copy of a communication by King
George the First to Philip the Fifth of Spain, which contains a promise
to consult Parliament about a proposed restitution to Spain of the
recently acquired fortress of Gibraltar.

The rest of the letters reported on, Nos. 7, 8, and 84 — 88, are written
to or by later Earls of Findlater and Seafield. They include two
letters from William, Duke of Cumberland. Of the others, the most
noteworthy are No. 85, by Henry Home, Lord Kames, on the subject
of the coal tax, and No. 88, from James Burnett, Lord Monboddo,
which contains some of his peculiar views on the subject of human
population.

The fourth section of the Report, Nos. 89 — 108, contains notices of
a few miscellaneous writs other than correspondence. They are of
dates betsveen H80 and 1746. The earliest. No. 89, relates to the
burgh of CuUen and the management of its revenues. No. 91 is a
dispensation in 1524, for the marriage of a daughter of William Keith,
third Earl Marischal, not mentioned by genealogists, and the writ is
specially interesting as narrating the links in the chain of consanguinity.
No. 93 narrates the erection of a chapel of Deskford in the year 1543
into a parish church, while the parish attached to it was disjoined from
the older parish of Fordyce.

The latter will, recorded in No. 94, of James Ogilvy of Findlater,
dated in 1565, recalls the fact that he w^ the victim of a conspiracy to
defraud him of his inherit-ance. His father, Alexander Ogilvy, marrietl
about 1535 u second wife, Elizabeth Gordon. Her friends influenced
her husband to disinherit his son, James, who only recovered his
estates a year or so before 1565; and, indeed, although he dates from
Findlater, his possession of it was not fully secured until the following
year. He died some years later. His grandson, Walter Ogilvy, who
is in No. 96 recognised by Alexander Ogilvy of Boyne as his chief, was
the first Lord Ogilvy of Deskford, and father of the first Earl of
Findlater. The inventory of apparel given in No. 99 is the continua-
tion of the inventory of jewels recited in the Report on the muniments
of the Earl of Eglinton [Report X., Part I., p. 3d]. Both jewels and
clothes belonged to Lady Anna Hamilton, first wife of Hugh, seventh
Earl of Eglinton. Her only child, a daughter, married James,
third Earl of Findlater, and was the mother of Lord Chancellor
Seafield.

Of the remaining documents. No. 103 chronicles a quarrel between
the bailies of CuUen and a neighbouring proprietor in 1656 as to
marches. No. 104 shows one form of the perquisites of the office of
Secretary of State. No. 116 indicates the existence of various cyphers
in use between the statesmen of Queen Anne's time. No. 107 refers to
the family of Seton of Pitmedden, and No. 108 deals with the political
and other proclivities of the Faculty of Advocates in 1745.*

♦ A brief Beport -was made by the late Dr. John Stuart on the manuscripts at
Callen House [Third Report, 1872, page 403]. The correspondence and other
writs in the present Report were afterwards found by me in 1874 in the garret
above the carpenter's shop near Cuilen House. No paper was found with them to
explain when ihej had been removed from the Charter Boom.

7 78289. H

194

MSS. OP I. — Royal Letters and Instructions from Queen Anne to James, Earl
Dowager OF of Seafield, Lord Chancellor, 1704-1705; and also Letters from

SBAfiELD. William, Duke of Cuinberland, in 1746 and 1748.

1. "Anne R. Instructions to our right trusty and right well-
beloved cousin and councellor, James, Earle of Seafield, our Chancellor.
You are to repair to Scotland without loss of time and there make
knowen our pleasure that wee are fully resolved to doe all that in us
lyes to have the succession setled failing airs of our body on Princess
Sophia of Hannover and the airs of her body, and that wee will
imploy none in our service but such as will concurr in so necessary and
so good a worke. 2°. In order to the compassing of this wee doe
hereby impower you to give to men of quality and interest such
assurances of our favour as you shall judge necessary. And wee^
reposing in tire trust in you, are resolved to make these assurances
good. And this you may shew as your credential), but doe it only
where the shewing of it is absolutely necessary to create a confidence in
you. Given att our Court att Saint James's, the 5th day of Aprile^
1704, and of our reign the 3d year. A. R." [Original Writ.]

2. " Anne R. Instructions to our right trustie and weal-belored
cousin and councelour, James, Earle of Seafield, our Chancellor.

" 1st IsTotwithstanding of our general instructions of this date you are
to governe your selfe in the use of them, and in all your proceedings,
both as to persons and things acckording to the folouing instructions.

«2nd ^gg gQQ^ as it is determined who shal be our commissioner, you
are to act jointlie in evrie thing with him and with such others as you
and he shall think fit to trust.

" 3'^^® You are to leat the Marques of Tweeddal know liou good ane
opinion wee have of his capacitie and probitie, and of his duty and
affection to us, and therfour we have resolved to make him our
commissioner to the nixt session of Parliament, and to prorid him with
ane honourable share in the administration when the session is over,
not doubting but that he will use his best endeavours to bring the
measurs to bear contained in our other instructions which are so
necessarie both for the good of our service elswher and for the peace
and happiness of that our kingdom.

li 4tUe ^g to ti^g limitations your publict discourse is to be that wee are
resolved to have no misunderstanding betwixt us and our Parlament
upon that head, and therfor we will grant such limitations as can be
reasonablie demanded ; bot you are to leat our commissioner know and
thos whom you and he find it necessarie to trust, that rather then the
succession should not be seteled wee will consent that the nomination
of ofiicers of State, councelours, and judges be made by our successors in
the manor agreed to by our royal grandfather in the Parlament 1641,
providing alwayes that ther be a clause in the Act of Settelment
bearing that whenever ther shal be ane union whither in goverment
or in trade agreed on betwixt the two kingdoms then both the Act
about peace and warr and the forsaid limitations as to the filling of
places shall cease and be void and null.

" 5tiie jn this mater of limitations tho' we expect that our servants
will have all tl^e respect to the monarchic they can, yet wee consent that
their main rule be to manage themselves so as to carie a majoritie for
the setteling of the succession.

" 6*''® And for the making the settelment of the succession mor
practicable and to convince our peopel that wee have nothing befor our

195

eys bot ther good, you are to make knowen that wee are resolved to M88. o>
give our consent in this nixt session to Acts to take effect in our time dowagbb oj
for triennial Parlaments, for declairing al farmers or collectors of the Sbapikld.
revenue incapable in any sncceding Parlaraent of being Members of
Parlament, and for securing the impartiall administration of justice in
80 farr onlie as Acts of Parlament are necessarie for the doing of it, by
seperating the justice of the nation from the policie of it ; and wee will
also consent to any other acts of which wee shal be convinced that the
passing of thera may contribute to the happiness of that our ancient
kingdome,

" ytiie A.S to the lords and gentlemen of qualitie and interest that are
averse to the succession, you are to leat them know from us that the
speedie setling of it in Scotland is indispensablie necessarie for the
peace and queit of our reigne in al our dominions, and that we will take
their complyence and submission to our pleasur in this mater for ane
unquestionable proofe of ther dutie and affection to us, and as to such
of them as you cannot prevail with to concurr, you are to endeavour
at least to soften them in their opposition, or to get them to be
absent.

" 8. You are with the Marquis of Tweeddal and such others as you
and he shal trust to take this whol mater of tbe succession into
consideration, and the proper and necessarie means of succeeding in it, and
upon the judgement you shal make of it, you are to send us ane draught
of a letter to be writne by us to our Parlament and a draught of
instructions to our Commissioner, and to lett us know what is in your
opinion to be added to the foundation we have laid in our instnictions
to you or what is to be altered in them. For wee are resolved to leav
nothing undone on our pairt that can any wayes contribute to the
seteling of the succession.

" 9*' As to places, wee are resolved to proceed by the same rule, that
is, to vacat them or not vacat them, and fill them or not fill them, and to
doe aither of them befor or after the session of Parlament as shal be
judged most advisable for the setling the succession ; and this being our
fixed and declaired rule, it is our pleasur that the commissioner and you
with ihos that you and he shal trust goveme your selvs by the same
rule in the advices that wee requer you to transmitt to us in this mater
ass soon as convenieutlie you can.

" Bot notwithstanding the pneceeding instruction, and that without
further loss of time you may have some men of interest to go in heartilie
with the commissioner and you in your deUberations, and the pains that
are immediatlie upon your araival to be taken with the members, you
are, as soon as ihe Earles of Rothes and Roxburgh and Mr. Bailie of
Jerveswood declair themselvs free and willing to ingadge in ourmeasurs,
and not till then, to let them know that we are resolved to make the
Earle of Rothes govemour of our Castel of Edinburgh, or to provid him
otherwayes in such maner as that he shal be satisfyed, and the Earle
of Roxbourgh our secretarie, and Mr. Bailie of Jerveswood our
thraesurer depute ; bot as to the time of declairing them, befor the
session or after, you are to advise with the commissioner and transmitt
his judgment and yours to us. Given att our Court at Saint James's
the fifth day of April 1704, and of our reigne the third year. A. R."
The whole is in the handwriting of the Earl of Seafield himself.
[Original writ.

3. " Anne R. Right trusty and right entirely beloved cousin and
councellor, right trusty and right well-beloved cousin and councellor,
right trusty and right well-beloved cousins and councellors, right trusty

N 2

196

MSS. on and well-beloved cousins and councellors, right trust}' and well-beloved
DowAGEE^p councillors, and trusty and well beloved councellors, we greet you
Seafield. well. Understanding that some of the crew belonging to the ship
Worcester, and condemned for piracy and murder, are repreived
only to the twenty-seventh instant, and we having received severall
informations appearing to us to tend evidently to the clearing their
innocence, particularly the declarations of two men now here at London,
who went out with Captain Drummond, and continued with him till his
ship was seased by pirats at Madacascar. And the denyall of those
who have already suffered giving also ground to doubt of their guilt,
we therefor authorise and strictly require you to give a further repreive,
and to renew the same from time to time to all of that crew untill a
fuller and clearer discovery shall be got of that whole affair. So we
bid you heartily farewell. Given at our Court at St. James's, the
23rd day of April 1705, and of our reign the 4th year. By Her Majesty's
command.

Al. Wedderburn."

Addressed to " John, Duke of Argyll, our Commissioner, James
Earle of Seafield, our Chancellor, and the rest of the lords and others
of our Privy Council of our ancient kingdom of Scotland. Reprieve to
Greens Crew."

4. " Anne R. Right trusty and right wel-beloved cousin and
counsellour, right trusty and wel-beloved cousins and counsellors, and
trusty and well-beloved counsellors, wee greet yow well. Whereas
wee have taken to our royall consideration that the lodgings formerly
appointed for the Lord High Chancellor of our ancient kingdom of
Scotland was lately destroyed by accidence of fire, therefore wee have
seen it fitt and are resolved that James, Earle of Seafeild, present Lord
High Chancellor for the said kingdom, be provided with convenient
lodgings within our palace of Holyrood House, with kitchins, cellars,
and other offices therein, with convenient stables and coach-houses
therabout, and that the samen be annexed to tlie said office of Lord
High Chancellor in time coming. Therefore our will and pleasure is,
and wee do hereby authorize and require yow to appoint unto him the
lodgings lately possessed by late Earle of Southerland, and

now bj"- the Countess Dowager of Southerland, hi? relict, togetlier with
convenient kitchins, cellars, and ofiBce houses therein, with coach-house
and stables thereabout, by particular warrand under your hands, to be
recorded in your books. As also that yow take speciall care that these
lodgings and others above mentioned be speedily repaired and fitted
for his accomodation therein. And wee have annexed, and hereby
annexes, the said lodging, office houses, and others above mentioned to
the said office of our Lord High Chancellor within the said kingdom
in time coming. Wee have also signified this our pleasure to the
Dutchess of Hamilton, keeper of the said palace, and which wee have
also appointed to be recorded in your books And so wee bid yow
heartily farewell. Given att our Court att Windsor Castle the 15th
day of September 1705 and of our reign the 4th year. By Her
Majesties command, David Nairne." Addressed to " James, Earle of
Seafeild, our Chancellor, and the rest of the lords and others Commis-
sioners of our Treasury of our ancient kingdom of Scotland. Chancellor's
lodgings."

5. Monsieur mon Frere, — J'ay appris avec une extreme satisfaction
par le rapport de mon ambassadeur a votre cour que votre Majeste est
enfin resolue de lever les obstacles qui jiour quelque terns out retarde

197

rentier accomplipsement de notre union. Puisque par la confiance que M99. op

Totre Majeste me temoigne, je puis regarde les traitez qui out ete en do^agbk^ot

question entre nous comme retablis, et qu'en conformite les pieces Sbapield.

necessai-ies au commerce de roes sujets auront ete exti"adees. Je ne

balance plus a assurer votre Majeste de ma promptitude a la satijfaire

par rapport a sa demande touchant la restitution de Gibraltar luy

promettant de me servir des premieres occasions favorabies pour regler

cet article du consentement de mon Parlement. Et pour donner a

votre Majeste une preuve ulterieure de mon affection, j'ay donne ordre

a mon ambassadeur, aussitot que sera terrainee la negotiation dont il a

ete charge de proposer a votre Majeste de nouvelles liaisons de concert

et conjointemeut avec la France convenables dans les conjonctures

presentes, non seulement a affermir notre union, mais a assurer le repos

de I'Europc, votre Majeste peut etre pcrsuad«Se que de ma part

j'apporteraj toutes les complaisances possibles ee que je me promets

aussi d'elle pour I'avantage commua de nos royamnes; etaut tres

parfaitemeiit, monsieur mon frere, de votre Majeste le bon frere,

George R.

" A St. James le l^"- Juin 1721.

" Au Roy d'Kspagne, Monsieur mon frere." [Contemporary copy.]

6. " George R. Right trusty and right well-beloved cosin and
counsellor, we greet you well. Whereas the fourth day of October
next is appointed for the royal solemnity of oi-r and the quevn's
coronation, these are to will and command you (all excuses set apart)
to make your personall attendance on us at the time above mentioned,
furnished and appointed as to your i-ank and quality appertaiueth,
there to do and perform all such servicer as shall be required and belong
unto you, whertK)f you are not to fail. And so we bid you most heartily
farewell. Given at our Court at Richmond the 19th day of August
1727, in the first year of our reign. By His Majesties command.
Sussex, M."

'' To the Earl of Findlater." [Original.]

7. " Kensington. September the 23rd, 1746. My Lord, I received
yours last Saturday, but had not to answer it then. I shall make use
of the paper you sent me inclosed without any mention being made of
the author. I hope the country agrees with you, and thank you for
your unwearied zeall for the king's service. I am, your affectionate
friend, William." [Holograph of the Duke of Cumberland.]

8. " Hague, the 5th April, N.S., 1748. My Lords Findlater and
Leven, I have received your letter of the 18th of last month, O.S.,
and I am extremely well pleased to see by the list I have received the
success that has been met with in the chusiug and electing of the
sheriffs depute for the several counties in North Britain. I hope the
expectations you entertain of their behaviour will fully answer our
wishes, and I am the more confident it will prove such, as I know by
experience your zeal and prudence in what regards the service of His
Majesty and the good of your countr}'. I shall always be very glad of
every oportunity that offers to show you that I am, your affectionate
friend, William."'

IL Letters from Sidney, Lord, afterwards Earl of Godolphin, Lord
High Treasurer of England, to James, first Eail of Seafield,
Lord High Treasui-er of Scotland. 1703-1712.

9. Acknowledges receipt of- a letter with enclosure from Lord
Tullibardine, and expresses satisfaction at their agreement, as it would

198

MSS. o» be to the advantage of the Queen's service. ''The D[uke] of

DowAGKE^op Qu[ee 11 sherry] and Lord Tarbat have acquainted mee with the tumult

Sbafield. at GrUisgow, but that letter of the queen's to the Councill of Scotland,

which seems to have been the occasion for it, to my best remembrance

I never saw nor heard of before, and therfore I believe it must have

been concerted here at some meeting when I was not present.

" I agree entirely to your lordship's notion of endeavoring to have
the queen's authority confirmed in this parliament, and not to aim at
anything besides in this session which may occasion heats and disputes,
but to gett it ended as soon and as smoothly as ycu can." He had
mentioned Lord Seafield's letter to the Queen, who was convinced of
Lord Seafield's zeal and affection, and relied upon his prudence and
capacity for the success of her affairs in Scotland. 13th March
1701.

10. He has received two letters, one in answer to his own of l7th
June, the other regarding a dispute between Lord Seafield and the
president of the Council, " by which your lordship has had a fresh
opportunity of showing your great temper, and concern for the queen's
service, from whom you may depend on receiving all justice when the
proper time shall come." He acquiesces for the present in Lord
Seafield's judgment respecting a matter mentioned in his letter of 17th
June ; but he is hopeful, when an oppoitunity occurs for more calmly
considering it, it will appear entirely for Her Majesty's interest both
here and there. 13th July 1703.

11. "Windsor, July 17th, 1703. My Lord, Iliad the honour of
your lordship's of the 10th before I left London, but had not time to
answer it by the pacquett Mr. Nairn dispatched from thence on the
15th at night.

*' I beg leave to represent to your lordship that as to the Act of
putting the power of peace and warr into the Parliament, which has
always been one of the chiefest flowers of the Crown (and in this case
perhaps a very necessarj^ one for the good of the subject), though the
queen was unwilling to refuse my lord commissioner such an in-
struction as he desired — to consent to it in case of necessity — yett Her
Majesty could not but bee sensible at the same time that the consenting
to such an Act might prove extreamly inconvenient both to England
and Scotland. And therefore, though she finds her other servants doe
generally concurr in the desire of such an instruction to her commis-
sioner to bee made use of in case of necessity, yett she hopes and
expects from them all that they will also concurr in endeavouring to
prevent that necessity as farr as it is possible.

" Pray, my Lord, allow mee for argument's sake to suppose the case
were now hapned.

"England is now in warr with France. If Scotland were in peace
and consequently at liberty to trade with France, would not that
immediatly necessitate a warr betwixt England and Scotland also, as
has often been the case before the two nations wore under the same
sovereign. And though perhaps some turbulent spiritts in Scotlaml
may bee desiring to have it soe again, if they please to consult history,
they will not find the advantage of those breaches has often been on
the side of Scotland. And if they will give themselves leave to
consider how much England is increased in wealth and power since
those times, perhaps the present conjuncture will not appear more
favorable for them, but, on the contrary, rather furnish arguments for
enforcing the necessity of a speedy union between the two nations,

199

which is a notion that I am sorry to find has see little prevaleacy in c^HiBM
the present Parliament of Scotland. And I hope your lordship will Dowageb of
not bee offended with mee if I take the freedom to bee of opinion they Seapield.
may possibly be sorry for it too when the opportunity is out ©f their
reach.

*'I had not time to write so fully upon this subject by the last
pacquett to my Lord Commissioner, and therefore would desire the
favour, if you please, that you would communicate this letter to him,
and excuse the great freedom of it from, my Lord, your lordship's most
liumble and obedient servant, Godolphin."

12. Acknowledges Lord Seafield's letter of the l7th. " .... I
think nothing can bee more fatall to Her Majesty's affairs than that
her first Parliament in Scotland should rise abruptly and without effect ;
and the ill consequences of this in that kingdome seem so plain that
they must needs bee obvious to any body not prepossess'd by private
animositjs, or engaged in a different interest, of which latter sort, I
fear, you have more among you than you are yett aware of. But the
queen is queen of Scotland upon the foot of the Revolution, and if that
cannot bee maintained for her, I doubt nothing will bee maintained by
her there." He has written plainly to the Lord Privy Seal, and urges
that, as they hope for the queen's countenance, they will by all possible
means "hinder the abrupt conclusion of this session of Parliament.
At another time, what should be done of this kind would perhaps
concern Scotland itself alone. But wee are now in so criticall a
conjuncture with respect to other nations, that all Europe must in some
measure bee affected by the good or ill ending of the Parliament of
Scotland. The queen approves entirely of the answer proposed to the
protesters' address, if any such be brought hither, of wliich 1 have not
yett heard." Has had a letter from Lord Tarbat. Windsor, 24th July
1703.

13. '* My Lord, ... I have received your letter and cypher
enclosed, and have, in speaking to 13, observ'd your directions which
were but necessary to keep him in any tolerable humour, for I found
him very uneasy at the delay of forming a G overnment, as he called it,
but pretty well satisfyed again by the assurances I gave him that 20
would bee very firm to the measures laid down.

*' The Duke of AthoU is still here, but talks every day of going, and
I have taken my fiuaU leave of him. I believe he has stayd a little the
longer for the event of a scheme putt into my hands by my Lord Rosse,
in which my Lord Dupplin, 37, and Mr. Campbell had been all consulted,
and the chief end of it I am apt to think must bee to thwart any measures
taking by Mr. Harley with 21, 18, and Mr. Wright, of whom all sides
here seem to bee jealous, and it is very positively assured here that 18 is
to bee Commis.sioner." . . . 20th April 1704.

14. Did not intend to have written so soon. But finding Lord
Cromartie at the request of the Duke of Athole had obtained the queen's
signature for creating u royal burgh in Scotland; he was ignorant of
what this implied, and the step had been reflected on as unusual, if not
illegal. If it had the effect of impowering it to send a member to
parliament, and it had not previously possessed that right, it would be
called illegal in England. He gave his lordship the hint that if anythino-
irregular had been done he might refuse the seal to it until he had
represented the matter of new to the Queen. 30th April 1704.

200

M8S. 05 15. Would write oftener, but has no time to put his letters in cypher;

CotTNTBss therefore he desires their correspondence should pass through the hands

Sbapikld. of Sir Tliomas Frankland, and the postmaster of Berwick. Lord

""" Belhaven, who carries this letter, seems very satisfied with the Queen's

message to him. The writer fears too great affectation " in the Queen's

new servants for making too many vacancys before the sitting down

of the parliament, whereas the most certain method of preserving to

themselves the continuance of their powers would bee to begin at least

the exercise of it with calmness and moderation.

" I hope you will find the Earl of Leven in good temper and ready to
join with you in carrying on the Queen's measures. I have also as fair
words from the M[arquis] of Annandale upon that subject. But I
depend much upon the former of these in what he says, looking upon
him to bee a man of honour and of his word, and I believe your lordship
will fi[nd him very sincerly for the Queen's measures ; and if you encourage
him by your kind usage, hee may prove of great use to you for managing
the Revolution party." He suggests beginning business with the Cess,
rather than with the Succession and the Plot " which may possibly inflame
so much as to break all ... . those who are disposed to handle
the plott with most moderation are certainly best inclined to the Queen's
service and measures." He will not write again till he hears of the
receipt of the Commission for the Marquis of Tweed<lale. 1 7th May
1704.

16. Acknowledges receipt of a letter by the flying packets, and hopes
special precautions will not be much longer necessary, •' since with this
month there will be an end of 13, and all jealousys of that kind.

" I have spoken my thoughts so fully to Mr. Black upon all the matters
mentioned in the raemoriall that I will not trouble your lordship with
the repetition of them .... It would turn all Mr. Bruce's
measures into ridicule to show so much favour to Mr. Sinclair and
Mr. Steven's, while they resolve to stand in opposition to them. But
I referr this and all other matters to Mr. Bhick's letters," who is to
write fully. [In this letter is Avritten in another hand over " l.'i " the
name " Queens "(berry) ; over ■' Mr. Black," the name "Johnstone";
over " Mr. Bruce," the name " Queens " ; over " Mr Sinclair " the name
"Hamiltone"; and over "Mr. Stevens," the name "Montrose."]
23rd May 1704.

17. " 24th xMay 1704. My Lord, I did not write so fully to your
lordshif) by the last post as perhaps you might have expected, because I
had spoken to Mr. Black my whole thoughts upon the subject to the
memoriall transmitted to Mr. Bruce, who promised mee he Mould not
faile to acquaint you with it accordingly.

" The occasion of my troubling you at present is upon a matter which
as it stands at this time is uneasy enough to the queen.

" Her Majesty seems inclined that there should bee a Councill con-
stituted near her person, for the consideration of her affairs in Scotland,
to bee composed of a small number of each kiugdome, by whose advice
she would bee guided in all matters of the greatest importance I'clating
to Scotland ; but she is not willing to come to a finall determination in
this thing till she has your lordships thoughts upon it, and how farr it
is like to he agreable in that kingdom where you are.

" I have heard that some thing of this kind was practised in the reign
of King Charles the First with success, as long as it continued. I can
only say that in my opinion there never was any time when some such

SBAPrBU).

201

method appears to bee more necessary, I am with all respect, my Lord. K88.og

your lordships most humble and obedient servant, Godolphin." dowagbb^of

18. " 25th May 1704. My Lord, Having now a little more time
I am willing to add to my letter of yesterday that I am sorry to find so
much diffidence of the Queen ['s] intentions, as Mr. Black represents to
me, does still remain in 18 and his friends, when they have all the power
and employments at their mercy. Can it bee expected besides that 20
should mortifie and discourage all those from whom Mr. Bruce might
reasonably expect a concurrence in the measure laid down as the founda-
tion of the whole ? And can any reasonable impartiall man think that
a proper method to make that measure succeed ? And will not this
temper give Mr. Bruce but too reasonable a ground for jealousy that
this measure is only laid hold of to amuse and gain time, for being ridd
of 13 aud getting power into their own hands ? Indeed, my Lord, I
doubt these are reflexious so very naturall to bee made in our present
circumstances that nothing can prevent them but the prudence and
moderation of those who are now at the head of the Queen's affairs in
Scotland, and by such a temper may certainly pi-eserve to themselves the
continuance of their power, but if they have no thoughts but to look
backward and to gratifie their private resentments and animositys 20 will
find herself much disappointed of the expectations and hopes she had
that they would in the first place look forward and provide for the safety
of the whole.

" And upon this head would it not bee thought reasonable to begin the
session with making some further provision for the forces, since their
fonds expires iu August, and it will be July before the Parliament sitts
down ?

" I expect it should be answered, ' Thty must begin with the plott"
and if they doe, August will come and the troops be unpaid.

" I doubt I am too troublesome to your lordship with my notions, but

1 can't help beseeching you a little to reflect. What does the Queen
make all these changes for ? Is it not to settle the Protestant succession
iu Scotland ? And before any one step is matle toward it can it bee
thought advisable, not only to displace, but to worry and oppress all
those who have hitherto appeared the most forward and zealous in that
very measure."

19. Full accounts of proceedings having been sent to Lord Seafield
by Lord Cromarty and Mr. J[ohnsto]n, he writes, " Just to wish and
humbly to advise that your lordship would use all your endeavors to
keep the Parliament in temper and moderation, and to bring on the
matter of the Succession as soon as is possible, that so it may receive
its fate before they have opportunity of examining minutely the evidences
of the plott, which ciinnot fail of making a great ferment amont' the
partys of which the Parliament is composed, and of whetting and
sharpning animositys, soe that it will be very difficult afterwards to
reconcile them in any one point whatsoever." Windsor, June Srd,
1704.

20. " St. James's, June 5, 1704. My Lord, I have the honour of

2 of your lordship's letters of the 30th of May, one of them upon a
particular matter with which I shall acquaint the Queen when I*goe to
Windsor.

" The other letter, upon the generall state of affairs in Scotland, is in
a gi'eat measure answered by mine of the 2nd from Windsor, with those
from my Lord Cromertie and Mr. Johnstone and the other papers sent
down by the same flying packett, which will lett you see that everything

202

MSS. OP desired has been done, unless it bee the putting some out of the Councill,
DowAGHE Of who wee yett hope will bee willing to concurr in the Queen's measures,
Sbafield. and the putting oun of others who will not so much as give any
hopes of their concurring in that matter. Now, tho' they doe show a
readyness to give a cess, and to support, as they call it, the Queen's
Government, yett if honours or other advantages are conferred upon
them while they continue against setling the Protestant succession, it
will be looked upon as a sort of compounding, and as a tacite allowance
of deff erring the finall determination of that matter till another session.

" As to the allowances to ray Lord Atholl and others on account of
their expence, I agree they have not been well bestowed at least upon
his Grace, who was so farr from being satisfied with having £1,000,
that he was very much unsatisfyed it was no more. But as to that
matter and all others of that kind, your lordship will please to reflect
the business is to establish Her Majesty's affairs and restore her
authority in Scotland. Tiiose who have the meritt of that work will be
sure of having the favour and all the advantages which are necessary
consequents of it.

" Lord Cromertie was perhaps a little uneasy at first for not being
thorowly trusted, but seems now to bee in very good humour, and to
pi'omise his best assistance. I am, with respect and truth, my Lord,
your lordship's most humble and obedient servant, Godolphin."

21. "Windsor, June 20th, 1704. My Lord, I have the honour of
your lordship's letter concerning your allowance and my Lord Eglintown's
for your jorneys to London, for both which the Queen will sign letters
to-morrow, as also the instructions for my Lord Commissioner and other
blank powers desired.

*' I have written very plainly to my Lord Commissioner what Her
Majesty's mind is in relation to her own servants, and that she will not
suffer any whatsoever, great or little, to continue in their stations,
but such as will joyn in her measures. Your lordship is pleased to say
you have still some hopes of Duke Atholl ; but I confess to you I have
very little hopes but what this declaration of the Queen's may produce.
And if right use of it bee made, I have little doubt on the other side
but it will produce the desired effect. . . . Lord Cromertie went
last Saturday from London, and Mr. Johnstown parts to-morrow from
hence and promises to use all possible expedition."

22. Has just received a letter from the Earl of Leven complaining
that very violent prosecutions are intended against him, encouraged by
the refusal of the Queen's remission before he left England.

" Now, my lord, I believe it is unnecessary I should acquaint your
lordship that the Queen did show great distinctions for my Lord Leven
here ; and if she refused him the remission he desired it was because
she thought it both reasonable in itself, and also entirely for her service,
that all things should come free before the consideration of the
Parliament of Scotland; and not that Her Majesty will not always bee
disposed to interpose as far as it is in her power against any violent
prosecution of my Lord Leven from the malice of his enemys, especially
at this conjuncture when neither his enemys nor his friends can bee
ignorant that no man in Scotland is more forward to support the
Queen's measure than himself, and when there may bee but too much
cause to suspect that some of his enemies are not more his enemies in
particular than they are enemys to the Queen's Government.

" As an instance, my lord, that the emissarys from France and
St. Germains are as busy as ever in Scotland, aud probably therefore

SSAMOLD.

203

as much encouraged from thence, I am commanded by the Queen to M88.OT
transmitt to your lordship the information enclosed, which Her Majesty Dowa&k* oi
desires you will communicate to my Lord Commissioner, from whose "
care and diligence, as well as from your lordship, the Queen persuades
herself that some, if not all the persons mentioned in the said infor-
mation may bee forthwith seized and examined." Windsor, June 28,
1704.

23. "July 13th, 1704. My Lord, I am to acknowledg the honour
of your lordship's letters of the 5th and 6th, with the account of the
Parliament's first sitting down, and of Sir G. Maxwell's and Livingstown's
examination, by which I find they have not as yett answer'd clearly.

" As to the atfaii-s of the Parliament your lordship s€ems to mee to
apply }our endeavours the right way by keeping up the Revolution
party to concurr in the Queen's measures, which I am willing to hope
will make them succeed. And to speak the plain truth if men are
really desirous of concessions from England in point of trade, first, it
is obvious they are not to bee had but in Parliament ; and 2ndly, it is
as obvious that nothing will oblige our Parliament to grant them, so
soon as the settling the same succession with us. But I am sensible I
tire your lordship with an argument already worn threadbare, and
therfore I shall only add that if Scotland will positively not settle the
same succession with us, I don't see, I must own, what there is left to
expect from England unless it bee to conquer us.

" My humble service to Mr. Johnstone. I take it for no good omen
that I have not yett had the honour to hear from him. But pray lett
him know that how formidable soever the opposition of Scotknd is,
the Duke of Marlborough's victory at Douawerdt has pretty well tamed
the opposition of England. I am, with great truth, my Lord, your
lordships most humble and obedient servant, Godolphin." In another
letter dated two days later. Lord Godolphin, after referring to " the
excessive hott weather," says, " Wee have 3 posts this morning from
the Danube which confirm all the advantages wee expected in
consequence of the victory at Donawerdt. Our army was in possession
of Nieuburgh and marching towards Ausburgh."

24. After acknowledging certain letters he refers to Lord Seafield's
" endeavours of reconciling the old and new party, the only method by
which it seems possible to mee for the Queen's measures to succeed. I
am very glad to hear you find the D[uke] of Argyle assisting to you in
these endeavours, and beg your favour in giving his Grace the assurances
of my humble service; and as matters seem likely to turn in the present
conjuncture I see nobody of whose service the Queen may have more
occasion. As for the I)[uke] of Atholl I give him for gone, and am
very sure Her Majesty thinks her service suffers by his being continued
so long in it under such obligations, and joyned with such a behaviour.
If the post he is in would please my Lord Commissioner I believe the
Queen would bee glad to give him that mark of her satisfaction in his
endeavours for her service.

" All the letters that I have seen from Scotland seem to fear the
resolve given in by D[uke] Hamilton will carry, and if soe, it is
certainly very right to adjourn, as you propose to doe, to give Her
Majesty time to consider what is next to be don. But it will not need
much time. For is it reasonable or advisable after such an affront to
continue the Parliament sitting in hopes of a small supply only, that out
of it the oppcsers may lay claim to a great meritt ? I doe assure you,
my Lord, I see very little disposition in the Queen to continue the

204

MSS. OP Parliament after this, which she thinks is no less than a downright
DowAGEE OF submission to D[uke] H[amilton] and D[uke] Atholl." ....
SBAPiELD. Windsor, July 18, 1704.

25. By Lord Seafieid's letters the Queen has learned about the
rejection of her measures by the Parliament, and while satisfied with
the zeal and the efforts of the commissioner and his friends, she reserves
any further directions till she learns the result of the vote on supply.

" In the meantime, my Lord, would it not bee proper that you should
bee considering with the rest of Her Majesty's servants who cau bee
trusted, of some scheme for carrying onn Her Majesty's affairs in the
intervall of a Parliament, that is to say, what troops can bee continued
and what should bee disbanded ; whom to bee displaced from their
civill offices, and whom to succeed in these offices; whom to bee putt
off from the councill, etc., and by whom the vacancy s so made to bee
filled ? All these particulars, and many others which Avill better occur
to your lordship than I can suggest, seem necessary to bee laid before
the Queen as soon as is possible. Your lordship can best judg who are
most proper to assist you in preparing such a scheme ; but according to
my notion, the foundation of this and of all the rest must bee the
reconcilement of the new and the old party, if I may so call them, and
the forming out of both a party which shall own and declare themselves
to bee for a complyance with the Queen's measures." ....
St. James's, July 25, 1704.

26. Refers to letters from Lord Seafield and others, and proceeds : —
" At present I have only to observe that wee have every day more and
more reason to be apprehensive of the correspondence carrying onn
and the measures concerted for disturbing the Queen's government in
Scotland by the latter end of September next. This, my Lord, will
make it necessary to put a speedy end to the sessions of Parliament
that there may bee time for modelling the government and tlie few
troops there, that they may be willing at least, if not able to oppose an
invasion which is certainly Loped for by a great many in Scotland, as
well as designed by the French if they find themselves at liberty for
such an attempt, which they cannot possibly bee till tlieir armys are in
their winter quarters. But then I doubt they may spare some thousands
without any great inconvenience. . . . Just now we have an express
with the news that the Duke of Marlborough has had a compleat
victory and taken prisoner Mr. de Tallard." London, August 10th,
1704.

27. " Windsor, August 26, 1704. My Lord, I have your lordship's
of the 17th and 21st, with one from n;y Lord Commissioner, to which
I send an answer here enclosed containing an approbation from the
Queen of his and your coming up hither as soon as yee please, and
bringing such with you as you and hee shall think proper. He names
my Lord Montrose as well as Lord Iloxborough, and Jerviswood.
There can't be the least difficulty as [to] the 2 latter ; but as to the
former it will deserve to bee considered whether he will yett bee
inclinable to come into the measure of the succession at another time,
without which it will not be easy to show him any countenance or
favour here.

" Mr. Wedderburn has insinuated as if it would bee acceptable that
Lord Rothes should have the castle of Edinburgh given him now." . , .
But the writer finds the Queen will do nothing in respect of any
employment until they come up and propose a complete scheme.

205

28. Acknowledges receipt of report of the Council's proceedings. CovTzxaa
" Her Majesty had before receipt of these letters order'd the depositions ^s^a^Sd*'
taken here before a magistrat to bee sent down to tlie Councill of " —
Scotland, and leaving it to them to determine upon the whole matter

as they should think just and equitable, so that upon the letters come
this morning Her Majesty can add nothing to her former directions
which were full in the poynt." ..." The Duke of Argyll says he
has sent away his coach upon the northern road, and will certainly bee
at Edinburgh himself before the 20th. I wish ycu may find him
inclinable to hearken to the advice of his friends there, for much will
depend upon that." 7th April 1705.

29. " 10th of May 1705. My Lord, I have the honour of your
lordship's of the 3rd, and have presented the enclosed to the Queen,
who is very well satisfy'd in the reason given by your lordship for not
delivering her last letter to the Councill.

" I am sorry there is so little appearance of agreement among the
Queen's servants in Scotland. 'Tis impossible to hoj>e for success in the
publick aff'iirs, if those employed to make them succeed, cannot prevail
with themselves to lay aside private animossitys. I think the Com-
missioner and the old party would doe themselves a great deal of right
if they would desire the concurrence of the new party to the Queen's
measures, and bee contented to allow them some share of the meritt in
any success that might follow, and I think the new parly would bee as
much in the right in contemning any reports they may have heard of
the Commissioner's intentions to their prejudice, and iu resolving to offer
their hearty concurrence in Her Majesty's measures to the Commissioner
who is clothed with her authority. Now by all I hear from Scotland
neither party seems inclined to this sort of temper. What then will the
end of this bee ? Either the Queen's servants and those who are well
inclined to jeace and quiett, must bring themselves to joyn their
endeavors with tlie Commissioner and assist in the Queen's measures,
or else say fairly they think themselves so ill used by him as not to
consult with him. And in that case the Commissioner must endeavour
to find those that can and will assist him effectually, or the Queen must
find another Commissioner. For it is impossible for the service to go
onn with this great disunion among those in the principall posts of
dignity and trust in the government.

" A fair and probable scheme theifore ought to bee sent to the Queen
without more loss of time, as also the letters and instructions requisit
for the Parliament."

30. Has received Lord Seafield's letter of the 12lh, and has sent him
a copy of the Queen's letter to the Lord High Commissioner (Duke of
Argyll), in which she " goes a great length towards complying with all
he has proposed. Yett knowing his warmth and temper as I doe, I am
very apt to suspect he may bee so unadvised as to persist in demitting, in
which case, my Lord, it is absolutely necessary you should think, as
well as the shortness of the time will admitt, into what method and into
what hands the Queen should putt the conduct of her affairs, that is to
say, whether yourself, or my Lord Annandale, or Lord Leven should be
Commis.^ioner, for it must bee one of those three. But I own I think it
will be much better in your hands than in any of the others, for the
fonds of the Civill Government being exhausted they will bee fearfull,
they shall not be payd, and you may depend that rather than not be paid
at all that expence will bee made good to you from England. Besides
ther's good ground to hope both the old and new party will bee in great

206

MSS. OP measure influenced by you. I have a letter this day from my Lord

Dowager ob Glasgow which gives mee all the assurances imaginable of his duty to

Seafibld. the Queen and desires to promote her measures with whomsoever she

pleases to employ." He again urges him to dissuade the Commissioner

from resigning. 19th May 1705.

31. Acknowledges receipt of two letters. "D[uke] H[amilton] was
told plainly that if the Queen were sure her measures would succeed in
his hands, yctt she was not in circumstances to make use of his service
just now, nor indeed ever hereafter, till he would bee pleased to make
one step towards Her Mnjesty, which the present occasion of a treaty
makes very naturall, since it was always his own principle, and there
does not seem to bee much reason from departing from it now, but for
the pleasure of opposing Her Majesty." He wishes the Commissioner
could have been prevailed with not to make " so totall a change,'*
and that Lord Roxburgh had continued as he seemed both able and
willing to serve the Queen. He had not since spoken to the Duke of
Queensberry, but thinks his friendship to the Commissioner should
engage him to go and assist him, yet cannot say if his presence would be
of real assistance. 31st May 1705.

32. Begins the method Lord Seafield has prescribed of writing two
letters at once. Wishes particularly to know how the Duke of Queens-

r berry, who is now travelling to Scotland, " turns himself and his friends
there towards the Queen's service in the present conjuncture of affairs
according to his earnest professions here at parting.

" I must also acquaint your Lordship that I find misunderstandings
betwixt my Lord Commissioner and my Lord Annandale are come to a
great height, which I am very sorry for, because I doubt it must needs
have an ill effect at this time for the Queen's service. Your Lordship
will best judg how farr the D[uke] of Queensberry may bee usefull in
reconciling them.

" I should think, my Lord, you might find some opportunity of letting
D[uke] H[amilton] or my Lord Roxburghe see, as the occasion offers,
that either of them have it much in their power to doe themselves a
great deal of right to the Queen and to their country, the former, in case
the Parliament incline to a treaty, by making it practicable and not
clogging it with insuperable difficultys, the latter, in case they proceed
in limitations, by not insisting upon such as are unreasonable in them-
selves, and inconsistent with the monarchy. These are the men in
whose power this seems most to rest, and consequently the men most
vrorth the managing att this time." Windsor, 14th July 1705.

33. " July 23rd, 1705. My Lord, finding by the honour of your
lordship's of the 18th that the settlement of the succession is postpon'd
to a previous treaty, the next thing desirable is that such an Act for a
treaty may bee prepared as the Queen may pass. For certainly no body
can be surprized when the Parliament will not settle the succession if
the Queen refuses her royall assent to any Act for a treaty that shall be
clogged with restrictions and diminutions of that little power which
is yett left to the Crown.

" The sincerity of those who pretend to be friends to a treaty will
easily appear in this point ; for unless they are content such an Act
should goe single and upon its own foot, it will be very plain that at
the bottom their design is only to obstruct what they pretend to bee for.

"Such an Act as this, with some maintenance for the forces, and a
speedy end of the sessions, is what the Queen is still willing to flatter

207

herself may be obtained. But if it can not, the sooner she know it I MSS. ov
think the better tor her service. Dowagib op

"As to what you write of the 2 lords who are Secretarys of State, \ I .Sruibu.
their pretension of being upon the Treasury, as you term it, being
upon an equall foot, they ought certainly to bee equally treated in that
matter "

34, Acknowledges receipt of Lord Seafield's letter of the 1st. "I
was much surpris'd you should lose that vote for the treaty, and since
you have don so I am much afraid you won't recover it, or indeed
carry anything. For nothing can be, with submission, more against
reason and common sence than the barefaced arguments of your opposers,
viz., when the matter of succession is in question. No. There must
first be a previous treaty. When the treaty is brought oun. No;
there must first be limitations on the successor.

" What can bee more preposterous ? In short, it looks to mee as if
that nation desired to bring things to extremity, in which I am not
sure they are very well advised. England is not now in the condition
it was when Scotland used to make inroads upon us. Wee have the
power, and you may give us the vrill to return those visitts, and
supposing the French more able to assist the Scotts than I hope they
are, or like to bee, the French have the character of being very good
servants, but the worst masters upon earth. 1 am sorry, my Lord, that
this is the case. I hope the misfortune of it will light where it ought
to doe, and then I am sure it will not touch your lordship, nor, my
Lord, your lordship's most obedient humble servant, Godolphin.'*
9th August 1705. In a paper apart, dated llth August, Lord
Godolphin adds that he is informed " the new party will consent to an
Act for a treaty leaving the nomination to the Queen, provided the
Queen's servants will allow reasonable limitations on the successor to
be voted in the Parliament without passing them into an Act during
this sessions, or extending them so farr as to influence the reign of the
present Queen." Lord Seafield would be better able than he to judge as
to the truth of this, and what advantage should be taken of it.

35. Has received Lord Seafield's letter of the llth, and is sorry at
the unfavourable reports from the Parliament. '* The not leaving of
the nomination of the Counsell of Trade to the Queen, though the
Parliament of England had done the same thing so lately in an instance
of much greater consequence, seems to bee no great invitation to Her
Majesty to give the royall assent to an Act which gives otherways very
extraordinary powers out of the Crown.

" As to the ai^ument of English influence, how can the Queen but bee
influenced by her English servants when she has no Scots servants
near her person, at least during a sessions of Parliament, which is the
time when the greatest afiairs of that kingdom are transacted. And if
the Scotts have a mind to obviate that objection, why don't they make
an address to Her Majesty that she would appoint a certain number of
her Counsell of Scotland to bee always attending upon her person. I
am apt to think this would bee an ease to the Queen ; I am sure it would
bee a very particular one to, my Lord, your lordship's most humble and
obedient servant, Godolphin.

" I forgott to take notice of the argument, viz., That this Counsell of
Trade is to continue but till next session of Parliament. But in case
this sessions should end without an Act for a treaty pass'd by the royall
assent, is there anybody that can assign a time when ther's like to bee
another sessions of Parliament in Scotland ?" 18th August 1705.

208

^MSS.op 36. Has received his letter of 26th August, and refers him to his

DowAGBR OP letter to the Commissioner and to Sir I)[avid] Nairne's letter for

Seafikld. answer. He now desires him to acquaint Lord Roxburo^he " That
the Queen depends upon his assistance in anything extremely essential
for her service, and therefore hopes hee will endeavour so to moderat
the Act for a treaty that she may be capable of giving her royall assent
to it, which, in Her Majesty's opinion, is the ouly way possible to avoyd
confusion in her kingdoms."

Has a letter also from Lord Belhaven, which " is not written in his
usuall plainness which he sometimes braggs of, but in a way that looks
as if he sought rather an occasion of future quarrelling than to make up
anything that is past, of which he was not pleased to take the least
notice, no more than if it were a dream." Winchester, 1st September
1705.

37. " 13th January I70f . My Lord, I am to acknowledge the honour
of 2 letters from your lordship of the 4th and 7th instant, and am glad
to find you are so far advanced towards a speedy conclusion of that
great affaire, which is a very great satisfaction to the Queen, and Her
Majesty is now in hope the treaty will be sent up hither by the end of
this month. I have made your lordship's complements to his G-race,
who desires mee to return them very sincerely, and to lett you
know he is very well disposed to gratifie Brigadier Hamilton in his
pretensions.

" It is thought here that there will bee a necessity of keeping oun the
Parliament of Scotland by short adjournments till it bee seen whether
the Parliament of England bee disposed to make any alteration in the
treaty as ratifyed in Scotland. Having nothing further worth your
lordship's trouble, I remain always, my Lord, your lordship's most humble
and most obedient servant, Grodolphin."

38. " St. James's, 30th August 1707. My Lord, I am commanded by
the Queen to acquaint your lordship that Her Majesty has very certain
intelligence of John Murray, who was mentioned in Fraser's plot, being
now in Scotland, probably in the north, because the U[uke] of Gordon's
following are buying up horses and making preparations to goe to a
hunting in Atholl.

The speedy discovery and apprehending of John JNIurray is of the
greatest importance at this time, he being the soul of this whole affair.
Her Majesty, therefore, hopes no diligence will bee wanting in the
government of Scotland to defeat and disappoint those mischievous
designs. I am always, my Lord, your lordship's most humble and most
obedient servant, Godolphin."

39. Is glad to hear that Lord Seafield got safe to Edinburgh.
" The noyse is very great here as well as there of new elections very
soon. But the madness of that measure seems so evident to mee that I
must always hope till it bee actually done that God's providence will
prevent it .... I have gotten the Queen's hand to the warrant
for Mr. John Montgomerie to bee master of the mint, and 1 have putt
the Queen in mind of the Bastard estate which you desired for
Mr. Abercromy . . . Sir D[avid] D[alrympleJ went down from
hence not very well satisfied with what passed at the hearing about the
signatures, and some words have been dropped here as if he woulil bee
not unwilling to demitt. Your Lordship will please to observe that a
little carefully, and in that case turn your thoughts also to the con*
sideration of a proper successor. I have mentioaed Mr. Stirling to the

209

Queen to succeed Mr, Blair." He promises a further account in three cJ^t^^

or four days about " the affair of Lord Linlithgow." 22nd June 1710. Dowagkr of

Sbaiield.

40. ..." The Torys continue with very great confidence to give
out they will have a new parliament, and tho' that advice seems to bee
extreamly desperate, I think everybody ought to take all possible
measurs to prevent the ill consequences of it." . . . 27th June
1710.

41. " Whitehall, 2oth July 1710. My Lord, — This is an answer to the
following particulars contained in your lordship's letter of the 18th
in.stant,

" 1. Whether the present Master of the Mint at Edinburgh may not be
excused from attending here at the tryall of the Pix in August next, in
regard none of the money in the said Pix was coyned since he was
appointed to that office. To this I see no manner of objection,
especially if the deputy of the late master and worker be directed to
attend the same, and I have written to the Earl of Lauderdale
accordingly to avoid any scruple in this matter by reason of the order
sent him for the attendance of the master (amongst the other officers)
of the said mint.

" 2. As to the Jaaster's executing his part of the indenture of the Mint
before the 'jarons of the Exchequer in Scotland, there can be as little,
and in order to it, I have directed the officers of the Mint here to
prepare such a draft of the said indenture as may b« agreeable to that
of the Mint in the Tower, and not interfere with the articles of Union ;
and when it is ready it shall be transmitted to Scotland in order to pass
the great seal there, and to be executed by the master and worker as
aforesaid.

" 3. The draft of the signature for granting an augmentation of £10 a
year to the first minister of Iladington out of the rents of the late
bishoprick of Edinburgh, which I received inclosed in your lordship's
said letter, I have referred to the barons of the Exchequer in Scotland,
that being the method (your lordship knows) which is intended to be
observed in passing signatures relating to that part of the kingdome.
When their report comes back, I intend to present it to the Queen
and to have it dispatcht as soon as may be. I am, my Lord, your
lordship's most humble servant, Godolphin.

" If the barons of the Exchequer had been acquainted with this
signature before it had been sent up to mee, it would have saved the
time of sending it down to them."

42. " August 10th, 1710. My Lord, — Since I received the honour of
your lordship's last letter, I have also received my own dismission from
the Queen's service. The Commission of the Treasury appointed to
supply my place is to me a very plain indication of a new parliament;
but how soon the proclamation will come out I can't tell. ITpon a good
or an ill election of that parliament will depend, in my opinion, not only
the fate of Brittain but of all Europe. I have sent your letter to 39
that he may the better judg of the reasonableness of all you say in it,
and doe his part accordingly, of which I have not the least doubt. The
stocks fall so much and our people suffer to that degree that they begin
to bee enraged at what is doing here. I hope the influence of it will
reach to your parts so as to bring us a good election of commoners at
least. I have more doubt as to the peers, 222 being gon in entirely and
for ought I know as farr as to give jealousy to 220, which I must own
does not give mee any very great truble. I have great hopes wee shall

7 78386. O

gBil?I£LD.

C^uKiKss ^^^^ ^ S^^^ pai'liament here and that when he comes they "will be more
Dowager op influenced by 37 than any body else.

" I send this to you under cover to my Lord Marchmont, who I hope
will be assisting to you, and I have no doubt but my Lord Cromertie
who is going will be so too, 224 is certainly not in the list with 222,
so I hope you will have his help. I am sure it concerns him for I am
told 222 aims at his post. That and everything else depends upon the
new election. I don't question but 37 will give leave to his commoners
to return upon the proclamation. I shall take your advice to bee quiet
about the Earl of Lauderdail, wliich is surely the best. I have not
yett heard the least mention of him. I am ever, with very great truth
and esteem, my Loi'd, your lordship's most humble and obedient
servant, Godolphin."

43. Acknowledges a letter from Lord Seafield, and after referring to
his intended going to the country, wishes he had " continued a little
longer here which might have been of much use to 38 ; but that is over."
He daily expects an answer from 32, who will take care of Lord Seafield's
commands, and he does not doubt "of 42 being just to 226 in case 222
should have success in his pretensions of the same nature." 42 had
desired Lord Cromartie to delay his departure " which looks as if there
were an intention of dissolving the parliament before that time." Has
a letter from Mr. Pringle "in which he seems to think my letter to 124
might bee of use to him in his election." He will be very glad to serve
him in this or any other way, but doubts " when he shall have known
the fate of 38, he will no longer desire that letter." loth August
1710.

44. "September 13, 1710. My Lord, — Having the opportunity of
writing to your lordship by so safe a hand as honest Mr. Abercromy, I
may venture to take more freedome than I could doe by the post, tho'
it bee the less necessary, since hee will bee able to inform your lordship
not only of what passes here, but also of the mind and intentions of the
Duke of Marlborough. It seems to mee as if the new ministry had
the same intentions of displacing him as they have don mee, but that
while the peace seems still so uncertain, they have not dared to venture
upon that stepp ; so that I hope your lordship may still reckon that
you have one firm friend in the Queen's counsell and government.
Mr. Abercromy will be able to give you [notice] how intent my Lord
Duke is upon procuring all the proxys of those in the army to assist
you, and I am very sure all your friends here are not less zealous.

" I am not yett able to tell you anything certain of the D[uke] of
H[amilton]. The ministry were very desirous to satisfie him so as
that he might give his assistance to their measures. But his pretensions
have been hitherto so unreasonable that they can not adjust it with
him. I beleive the chief difficulty turns upon the peerage, and how
hard that is nobody can tell better than yourself ; and the account of
that matter which you have had lately from Mr. Secretary Boyle will, I
hope, convince you that will never bee done for him but in company
with 126.

" We are expecting the dissolution every week for a good while, but
I think it can not now be deferr'd beyond the next. I have not seen
Lord Cromertie lately. He is very often with Lord Marr. But the
last time I saw him he told me [he] had not gott anything done for
him since 1 was out; nor did he ever expect to gett any more don for
him while he lived. He hates the D[uke] of Qu[eensberry] and will
never joyn in anything with him. 1 told him I thought my friends

211

would take him into their list. Hee seem'd diffident of that, but I MSS. o»
told him I thought I could answer for it. I have sayd the same thing t)^w'^^^=
to my Lord Deloraine, who is well inclined, but his mother having sent Sbaytkld.
for him to come down, has directed him likewise not to enter into any
engagements till she has seen him. I have heard much talk of a list
handed about here, but I could never see it, nor see any body who
could say they had seen it. But the generall rumour is that it is
composed chiefly of lords that were thought fitt to bee secured at the
time of the late invasion, which is a circumstance that does not give it
much credit here.

'* Upon the best consideration that can bee had here of the state of
the elections of the commoners, there seems little cause to doubt of our
having a very good Parliament. I am with the greatest truth, my
Lord, your lordship's most- humble and obedient servant, Godolphin.

P.S. Since I had written this letter I have seen Lord Cromertie. He
talks of going next week. He says the Queen would have him stand,
but that he will neither seek nor decline election. He seems to be
for Mar against Qu[eensberry]. He says they have different friends
that they seek to bring in, and he thinks to which soever party the
D[uke] of H[amLlton] inclines, he will goe near lo turn the ballance.
But he says the peerage is refus'd him, and that he is just now swearing
he will not be satisfyd without it. If you can gett the Duchess of
Buccleugh, she has all power with her son."

45. Has sent Lord Seafield's letter to the Duke of M[arlborough'|,
" who, I am sure, will be ready to doe everything yon propose to him.
By the accounts you give and by what we find, all the most arbitrarj-
proceedings in the elections are to be expected, but how anybody can
think that is long to bee maintained in our country and in this con-
stitution is to mee, I confess, a verj' great riddle. I have already
written so fully to you of Lord Stairs at his going down that 1 need
not add anything now, and before this comes to you I believe you will
have seen 222 and have learn't his intentions better than anybody can
tell you from hence, where to the last they seemed mysterious.'

'* The objection of Grant's being a prisoner is ridiculous ; but besides
that, orders are already given for his speedy exchange ; so I hope that
matter will not in the least affect him. I hope 226 cannot be in any
danger of losing the effect of 42's assurances to himself, because he has
not a blind obedience to 214 and 220.

"And as for 199 there is no violence which he does not threaten,
nor no truth in anything which he does promise." Newmarket, 12th
October 1710.

46. Acknowledges receipt of a letter from Lord Seafield the previous
night, and promises to observe his commands in what relates to himself.
" To say the truth, if I were more inclined to be a blab than I am,
there does not seem to be much encouragement to it." He congratulates
hira upon success in his own affairs, and promises to see him before he
leaves for Scotland. St. Albans, 9th July 1711.

47. "February 10th, 17|^. My Lord,— I can not lett this honest
gentlmen, Sir G[ilbert] Elliot, goe home to Scotland without putting
you in mind you have an humble servant here very desirous not to bee
forgotten by you. There have been some opportunitys since I have
seen you where 'tis probable your presence here might have been of
use to some of your friends ; but I am fully satisfied, 'tis better for

your self in all respects to bee at home. This reflexion comforts mee •

very much in the want of your company and assistance here.

o 2

212

MSS. OP " There are now five posts wanting from Holland, which keeps every

Do^usKE^oF ^<^''y i" ^^^ the suspense imaginable about the great affair of the peace,
Seafield. upon which all others of lesser consequence must necessarily turn. If
your lordship bee at Edinburgh, this good bearer will bee able to give
you more particular accounts than I can doe by letter; if in the country,
I shall desire him to send it to you. And bee yon where you please, I
shall never fail to bee, with great truth and friendship, my Lord, your
lordship's most obedient humble servant, Godolphin,"

III. Letters from the Earl of Seafield to King William, and from
Statesmen and other Writers of note to James, fourth Earl
of Eindlater and first Earl of Seafield ; also a few letters to his
grandson James, sixth Earl of Findlater and third Earl of
Seafield. 1700—1785.

48. "May it pleas your Majestic. Having obtained your Majesties
alouence to accquant you with what occurrs in your affairs hier, I
thought it my diutie to leat [your] Majestic know that with great
difficultie Avce have obtained ane resolve to continou the number of the
forces upon the prsesent establishment. The povertie of the country is
verrie great. The pricees of al kind of grain greater then ever, and
wee have the prospect of a verie bad crop. This was improved by
my Lord TuUibardin and Earl of Ruglen and Whitelau, and it was
confiden[t]lie said by them and ther friends that they would carie the
reuuceing of ane regiment of dragoons and two regiments of foot by
three to two. I sent to the Earl of Portland ane memorial of al that
is past which will give your Majestic full information. The opposers
are nou endeavouring to carie our friends from [us] by presing things
in favours of the East India Companie, and by demanding ane Habeas
Corpus lau, bot I am hopful they shal not prajvail. Al the lords who
wer at London and the borons are unanimus in what concerns your
Majesties service, and wee have many friends that concurr with u«
that ai-e sensible of the miserable condition of this countrey. The Earl
of Tullibardine is not in any of the committies. Al your Majesties
servants except those I have named in the memorial to the Earl of
Portland concurr heartilie, and you carie what your Majestic has
demanded by the influence of your oun servants. I have writne fulie
to the Earle of Portland of the difficulties wee had and yet have, and
therefor I shall not prsesurae to give your Majestie further trouble. Bot
wishing your Majesties I'oyal person and goverment al prosperitie and
happiness, I am with al diutie, may it pleas your Majestie, your
Majesties most faithful and most humble and obedient subject and
servant, Seafield." [Holograph of the Earl of Seafield, and indorsed :
" Double of the first letter sent to his Majestie." Probably about
1700.]

49. " I shall not trouble your Majesty with a long letter at present,
seing the bearer hereof, Mr. Carstairs will give you full informatione of all
that has occurred since your Majesty pairted from hence. The inclosed
letter is from my Lord Commissioner, and he writes to me that he has
also sent with it to your Majesty the opinion of all your servants
there concerning the sitting of Parliament before your Majesties return
to Brittain, and by the accounts I have of it they doe all aggree in this
that the Parliament should not meett dureing your Majesties absence,
and they also think that the only sure way of settling your Majesties
affairs in that kingdome to your satisfactione, will be to hold the next
session in person ; and albeit this may occasion a further adjournment,
yet there will be no dissatisfaction upon that accompt if they be assured

213

that yonr Majesty is to be there. I doe heartely wish that your cov^'j^ls

Majesty's other afiFairs could allow you to doe this, for it will be of Dowagbb of

great consequence to your Majesty's affairs here that all be ordered Seawbld.

and composed in Scotland before the meetting of Parliament in this

kingdorae, and it is well knowen that at St. Germains, there hopes

and expectationes are that there will be disorders and commotion in

Scotland; and I am confident your Majesty's servants in Scotland

would not adventure upon this atlvyce if they did not think that your

Majesty could doe it with honour, safety and satisfaction. Att that

meetting of your Majesty's servants it was proposed by some that they

might offer your Majesty there opinion in caise that you could not

come to Scotland, but as to this nothing was said ; but I find some of

them, particularly my Lord Advocat and my Lord Thesaui-er depute

doe think that at your ^lajesty's return to Ingland and before the

sitting of the Parliament in Scotland, you should call up for my Lord

Commissioner, my Lord Carmichael, and some others of your servants ;

[cjall also for my Lord Duke Hamilton and the Marques of

Tweddale as being the two principall men of the opposing party, and

endeavour to adjust matters. And as my duty oblidges me to lay this

and everthing els before your Majesty that is proposed for your

service in this criticall juncture, so I am also oblidged to acquaint your

Majesty with the objectiones some make to this propositione. It is

thought that it will make the opposing party higher in there <lemands

then ever, for they will think your Majesty finds yourself necessitat in

this matter, and there is no doubt but my Lord Duke and the Marques

of Tweddale will enter into a concert with there party and take

instructions from them.

" In the next place, in caice your Majesty doe not yeild to make
these alterationes they will propose or goe iutirely into their measures,
there comeing here will have this iuconveniency, that they will enter
into a full concert with your opposing party in this kingdome, and
will goe home more dissatisfied then ever. However, your Majesty
may consider of this, and doe in it what you think most for your
service.

" Your Majesty will i)erceave by the atlvyce tliat your servants
gives you that there is ane other uationall address designed, and that
allready a great many of the Parliament men have signetl it, and they
are now to goe to the countrey and to endeavour to procure hands to
it. It was designed to be much bolder and higher, but the honest men
amongst them who are mislead would not join with them, but in the
termes as it now stands. They still insist to have the right of
Calledonia declared, and to have no trade with France unless they be
allowed a free trade and to have a Habeas Corpus law, and to have
the acoorapts of all the bygone funds laid before them, and that there
grievances may be redressed conforme to the Claim of Right, and that
there may be laws made for preventing the adjournments of Parliament,
and they pretend that the adjournments which have been made are by
evil council. However, whatever council your Majesty has had in
this matter was the unanimous opinion of all your servants, and apears
yet to be ther joint advice to your Majestic, and the caling,
adjorning and dissolving parlaments is your Majesties prerogative.
I have inla[r]ged this much beyond what I designed, bot ther [is]
too great occasion for long letters, and I know your Majestic desirs
full information. The Earl of Annandale went for Scotland yesterday,
and is weal satisfied." C. 1700. Indorsed : " Coppy of Kings letter
with Mr. Carstiiirs."

214

MSS. ov 50. " Since I wrott last I have receaved a flying pacquet from

DowAGKB OF Scotland and with it there is a letter to your Majesty from my Lord
Sbafield. Commissioner which I beleeve does give a full account of the state of
your Majesties affairs there, and your Majesty has also the advyce of
your servants, and the coppy of the address which is now signed by a
great many, and also the thoughts of some of your Majesty's servants
concerning the army, and the draught of a letter to your Council as a
declaration satisfying the minds of your people to be issued furth at the
time of the next adjournment, and after reading and considering
of all these, I have spoke fully ^vith the Earle of Rochester.

" Your Majesty sees that all your servants doe aggree in this that'the
Parliament doe not meett dureing your absence from Brittain. This
incapacitates us who are here to offer your Majesty any other advyce,
for your servants there would take it ill if they were counteracted, and
they would not think themselves' accomptable for the success, and they
doe send no advyce concerning either letter or instructiones, and both
roust be adjusted before tlie Parliament can meett to any good
purpose.

" It is the opinion of all your Majesty's servants that if your aflfairs
would otherwayes allow of it, that you goe to Scotland and hold the
next session in person ,- by this your Majesty will have oportunity of
speaking with such of both sides as you shall think fitt, and there are a
great many of that party who now opposes that would yield to anything
that your Majesty would desire of them ; and the Earle of Rochester
does aggree with us in thinking that your Majesty's goeing to Scotland
is the most probable way to bring your Majesty's affairs there to such a
setlement as may give joint satisfaction to your Majesty and your
subjects, and if this can be done it will be of great use to your Majesty
in the managing of your aifairs elswhere.

" The second thing that your servants advyses is in caice your
Majesty cannot come, and then they think that all is to be yeilded that
is contained in the Address. I know your Majesty will read it over
and consider it, and you will soon perceave what these concessions will
amount to, and therefor it is unnecessary for me to trouble your
Majesty any further on this point.

" Whatever your Majesty resolves upon yet one thing seems to be
indispensibly needf ull, that is, that the Parliament be further adjourned.
In order to this there is a draught of a letter sent by your Majesty's
servants to be the ground of a declaratione to be issued out at the same
time with the proclamatioue for adjournment. This letter needs also to
be well considered. The Earle of Rochester does think that what is
mentioned in it concerning the Affrican Company may give them
ground to expect that your Majesty will yeild all that they desire in
this point in the ensueing Parliament; but on the other hand, if there
shall be any declaratione at all and no notice taken of the Company, it
will signify nothing towards the end it is designed, which is the
satisfying your Majesty's good subjects, and the letter seems to be
positive enough that your Majesty cannot declare the right of Caledonia,
for that you would have done it at first. It is true the letters contains
no reasons why you could not doe it, but there seems not to be so
great a necessity to give reasons now that the colony has capitulate and
deserted their possitione, and your Majesty was still willing to doe
something for the interest and support of the Company and for makeiug
up of there losses. But I doe presume to think ttiat with any small
alteratione your Majesty may be pleased to think of, the letter will doe
very well, and whatever I might doe were I with your Majesty, yet at

215

this distance both from you and from the servants that gave you this MI>.ct
advyce I dare not presume to offer any alteratione. So I leave this jyawAan or
matter ictirely to your Majesty's determinatione. Sbawmj).

" There is not so great necessity for this letter at the makeing of the
nixt adjournement if your Majesty doe positively declare your resolu-
tiones of goeing into Scotland how soon you can return. But even in
that case there must be a letter signifying your good intentiones towards
your people, and that for that end you are fully resolved to come
amongst them and hold the next session of Parliament in person, and
give your assent to such laws as shall be necessary for there wellfare.
And in this letter lykewise there may be something signified that your
Majesty had your coraeing under consideration and therefor did make
the former adjournments, and that now you are resolved the Parliament
shaU meett so soon as you can be there. I doe heartely wish your
jVIajestv may come into the resolution of goeing there, and all that I
speak with of your Majesty's servants here, though I speak with them
but iu the generall, doe tttink it impossible that there can be any
setlement made to your satisfaction without your Majesty's presence.
But in this case I presume it will be necessary that your Majesty call
me over to Loo that there may be directions concerning your palace,
and other things may seem needfull.

"As for the reducing any part of your army and concerning the
breaking of some officers, your Majesty has the opinion of the Com-
missioner and such as he advysed with, and if you doe not think the
advyse for your service, the whole army may be subsisted with the
current funds to the end of November. Your Majesty has also
the opinion of your servants concerning what troops you can mantain
by your hereditary funds after the first of November, which your
Majesty may consider and keep by you, though I hope there will be
no occasion for it, for I doubt not but things will be adjusted if your
Majesty goe into Scotland.

" As for Captain Pinkartowne and his crew it is unnecessary that I
should say anything on that subject, having writt so fully formerly ;
and I hope your Majesty has allready done all that I could desire of
yoa in there favours. But if not, I wish no time may be lossed in the
doeing of it now. I find that your Majesty's consul at Sevilla has
appeared in there behalf ; but they are sentenced, and nothing will be
of consequence to them if your Majesty doe not interpose ; and I would
that this were done so publictly and so plainly that it may appear to all
that they ow there safety and liberatione to your Majesty's interpoeitione,
and all your servants here that I speak with are most desireous that
they may be saved, for it is now in the publict news prints that they are
condemned.

" The Earle of Argyle is now in Scotland and I must doe him the
justice to acknowledge that he does begin to act veiy boldly and
forwardly in your service, but I find the Commissioner and he and
severalls of them are dissatisfied that the Earle of Annandale should
have gotten ane additional f>ension ; and I confess I am of there mind
that he ought not to have demanded it. But your Majesty did see his
letter to me, and God knows how much he did wex and importune me,
and I am sure had it not been done for him he had been lost as to your
service.

" I must, in the last place, interceed for my Lord Chancellor. He
has a pension of 400lib. from the bishops' revenues, and it seems there
is ane year owing him of it, and he cannot subsist without it, and he
desires a warrant that it be paid out of the Civil List for this year. I

216

MSS. OF have inclosed his letter that your Majesty may read it, and give orders •
Dowager ov to Mr. IMngle about it. I hope your Majesty will pardon this long
Sbafield. letter, but I should think myself very unfaithfull if I should oinitt to
represent anything that might be for your interest, for nouo wishes
your Majesty and your government more prosperity then I who am
with all sincerety and submission, may it please your Majesty, your
Majesty's." Undated, but c. 1700. Indorsed, ""Double of a letter
written to the King except whats about Lord Rochester, and that sent
in a memoriall by itself."

51. James, second Duke of Queensberry, Secretary of State for
Scotland, to James, first Earl of Seafield, Lord High Commissioner to
the General Assembly of Scotland, acknowledging the Council's letter
with the account of the tumult at Glasgow and of the Council's pro-
cedure therein. The Queen approves what they had done and gives
orders for punishing the actors and accessories. She also looks to the
Council to continue their zeal for maintaining her authority and
preserving peace, so as to hinder any provocation being given by the
dissenting clergy to whom she promised protection only in their actings
as allowed by law. He desires Lord Seafield to signify this to the
Council. No date, but evidently in March 1703.

52. The same to the same, in reply to several letters from his Grace
who wishes him to come speedily to Scotland. This he cannot do,
first on account of his Avife's confinement, and secondly " the Queen was
so late in declareing her pleasure as to my being commissioner that
sooner than the second week of Aprile I can not get ready what
things are a'bsolutly necessary upon that occasion, and ... I shall
not be with you many dayes befor the 6th of May to which the Queen
has adjurned the Parliament." The proclamation to this effect he
sends herewith, along with the indemnity which his Grace desired, and
a letter to the Council.

" As to the ratifyeing all the sessions of the last Parliament I beleive
ther may be some difficultys, yet I cannot but think that it is absolutely
necessary. It may be considered if in some general terms the ac-
knowledgeing the authority of the last Parliament without confirming
the particular acts in it may not be sufficient, but if some equivalent is
not found I think it leaves a back door open to be made use off when
the Queen and government's enemies thinkc fitt. And since ther are
some and I'm afraid too many that dissoun'd the government in the
late reign, yet for many reasons wer oblidged to submitt to the laws
that wer made, ther not quarrelling at this time the authority that
established these laws does not prevent ther doeing it when they shall
gee cause ; and till something of this kinde be done, I doe think (and
so will the world too) the Queen's title upon a verry weak foundation
since she has succeeded and governs by the laws that were made in the
last Parliament. 1 know that the Queen and her servants hero do
expect that this will be done ; and if it is not, it will certanely be
thought want of power in those she imploys ther. Therfor your Grace
wold consider seriously of it, but with this consideration also, that to
attempt it and not be able to cary it will be yet worse.

" I have the draught of the letter to the Parliament which I like verry
well, and am of your oppinion not to mention the union but in a letter
apairt, and 1 desire your Grace will send a coppy of one with ane
instruction relateing to it. My Lord Tarbats oppinion is that ther
should be an act continueing the power of the commissioners with a
greater liberty of treating upon church government, judicatures, and

217

representations in Parliaments, and also with power to her Majesty to mss. of
add or change names in the commission." DowAora of

Scein"- the lords ef the Treasury are dissatisfied as to the management Skafield.
of the Customs, considering the method an innovation, he hopes his
Grace will do him the justice to let them know that he was not alone
responsible, *' yourselfe and my Lord Tarbat haveing fully agreed in it ;
and as for the list of the collectors, it was done by my Lord Tarbat and
Lord Boyll when I was very ill, so that I did not so much as see it till
it wa3 signed by the Queen." Lord Eglinton had written twice about
the appointment of Mr. Hay at Irvine, in which he had no hand and did
not know the man. " Sir William Hope's allowance is intended out of
the same funde that Luetenant-Colonell Murrays was payed, who I
belive dyed since the last establishment." . . . Captain Lockhart's
Commission shall be sent down . . . because your Grace and
Mr. Lockhart desires it."

He sends for blank letters for adding members to the Privy Council,
but notes the necessity of caution in filling them up. '* They ought to
ingadge fairly and give their words of honour, and if they break that,
we are safe. Pray don't forgett Prestougrange ; and if you want more
letters they shall be sent or brought with me as you shall think fitt.
Luetenant-Colonell Reid told me his designe ; but the D[uke] of
Marlborough gtay'd so long out of town upon the death of his son, and
was in such a hurry at his going away that I did not see him."

He would be very glad to serve Lord Dunmorc, " being a person I
have a great esteem for, and that I consider a man of honour," but at
present there is no opening for him. "Lord Northesk must come in to
the Treasory with the first." He intreats his Grace to avoid engagements
till meeting, and to give him his thoughts about his instructions both
public and private. Tarbat proposes " an indulgence. Both the
Trcasorer and I think it not fitt at this time. ... If you are for
it pray write such reasons as I may shoe to the Queen, and I will
submitt ; and if you think it not proper at present, write so, fully and
in such a manner as to be shoen also."

"In discoursing with the Treasorer, amongst other things wee talk'd
of the succession and abjuration. He is of oppinion that ther are
verry good causes and reasons against setling the one and passing the
other with relation to the union, because by not doeing them it may be
thought wee have tyes upon England. Yet he is of oppinion that many
who give that tye for the reason has other designs ; and soe long as
noething is done that it incouradges the pretended p[rince] of Wales
and his party both at home and abroad to think that he has more friends
ther then the Q[ueen]. And it is certan that they doe believe this to be
the true reason, and therfor he wishes that if possible some expedient
might be fallen upon, tho' not to setle the succession yet to declaire
against that prince singly. And he thinks that the succession not being
settled the tye continues still upon England. This my Lord Treasorer
desired me to write as what is the Queen's, his own and the D[uke] of
Marlboroughs thoughts and desire. So pray advise about it and let
me have a full and dear an.'swer to it one way or other as soon as
possible.

" I have already wrot to you about the D[uke] of Lennox bussinesse,
and yesterday the Q[ueen] ask'd me if I had got a return. You cannot
imagine how much she seems to resent it both against the byers and
seller, and sayes she will shoe it as much as the law will allow. So pray
take care that she get faire play, and that all that's possible be done, and
let rae have an account of it as soon as your Grace can.

218

CotItess " ^^ ■ ^^^"S^e is gone for Scotland, and I'm told, verry angry. Ho

Dowager op has given some old addresses to Mr. Nairne, but noe other papers. Ho

Seafield. hag nil that passed in the affaire of the Union, which pray cause
tell him must be given up befor the sitting of the parliament. I hear
that in several companyes he has been very free in his talk of the Queen's
affliirs and sensuring of her servants and none more then your selfe, and
braggs much of his power to doe mischeefe. If he has I belive he
wants not inclination, so pray take care of him." He refers also to the
tumult and the letter he had already written on that subject, and adds,
" Before I went to the Q[ueen] about this affaire my Lord Tarbat and
I wer with my Lord Treasorer and Lord Nottinghame, and Tarbat told
us, and afterwards befor the Q[ueen], that he had a full account of the
affaire from a Privy Councellor, and who he did not name, but that it
was one who wes not in Councell when that matter was considered.
This person seemed to accuse all of neglect in theire duty, both councell,
magistrats and forces. For the magistrates, he sayes ther is no doubt
but they might have prevented it if they had inclin'd, because all the
town knew of it a day or two befor, and that they seem'd rather to
incouradge then suppresse the niobb. As to the forces, he said that
they wer not worth keeping if they wer not able, if well inclin'd ; for
he said on single man with a drawn sword drove the whol mobb befor
him the length of a street till he mett with the magistrats. And as to
the Councell, that they ought not to have sent directions or orders to
magistrats to examine and punish the offenders (they being rather
partners) but to have sent some of theire own number to have examined
the wholl affaire. I only give this account for your information and
not to be taken notice off, but to the register and president if you think
fitt. However, the Q[ueen] and the lords did intirely approve of the
method the Councell has taken, and as I told her before them I thought
it the most moderate and prudent way.

" Ther is one thing I must take notice off to your Grace, and which
Tarbat seems mightely concern'd at. In the letter from the Councell
you seem to iuferr that the Episcopall clergy takeing the benifite of the
Q[ueen]'s letter was the occasion of the stirr. He sayes that ther is
noething by that letter given them which they had not befor. I am
sure ther was noething more intended them by the Q[ueen] ; and if ther
had been anything which wold have admitted of a worse construction
then was design'd, you should have vindicated it, since it was concerted
befor you went away, and you had it to correct ; and my Lord President
saw it also without makeing any objections that I heard off. And now
since you see how hard it is to please and how many criticks ther are, I
doe intreat that when anything is to bo made publick by letters or other-
wayes, you will send coppys from thence, for knoweing the occasion and
the parties design'dfto be pleased, and what will please them best, it will
be much easier to form letters or orders to satisfaction ther then it can
be done here by any body."

By his Grace's letter of the 11th just received, he learns with
gratification of the good beginning of the Assembly, and has no doubt
his good temper and prudent management will overcome all difficulties.
He will faithfully lay anything he desires about it before the Queen.
" I hope this letter will in some measure atton for my seldom writeing.
You know my infirmetys, therfor must excuse them." Having letters
on the same subjects from the Lord Register, lie begs this may be
communicated to him. London, March 17 [1703].

In another letter of the 6th of the same month the Duke of
Queensbeny congratulates Lord Seafield upon his reception as Com-
missioner, only he misses bim greatly since his departure, as he has no

219

friend to whom he can open his breast. He refers to Tarbat's intended /^I^bm
departure for Scotland, " for its verry fitt he wer there .... he has dowageb o?
so many people about him, and daylj puting him upon projects which Sbajebid.
he immediatly takes fire upon, and running continually to the Queen,
that it vexes me beyond what I can tell you." He thinks it would be
well to provide him otherwise after the parliament. " I am sure, for
interest of his own familly, his old place wer better for him, especially
considering how he lives here, and his humor of buying everything
he .sees." Perhaps Lord Seafield would consult the president " or
Philip himself e. I am afraid he will not much care for the change, but
its a thing must be done if 1 continue here, and wee could manadge it
well enough for Philip." He regrets the letter respecting the sheriff-
ship of Lothian came so late. Tarbat and he were for delaying the
appointment till after the parliament, " but Livtenant- General Ramsay
went to the Queen and ask'd it soe earnestly that she granted [it] to my
I-ord Dalhousie." He will write to Prestongrange next post that his
not being upon the Council was merely forgetfulness, and that a letter
is now signed for adding him.

53. The same to the same, sending the Commission for the Marquis
of Tweeddale as her Majesty's Commissioner to the parliament. May
13th, 1704.

54. John, first Duke of Athole, to James, first Earl of Seafield,
acknowledging a letter with news of the appointment of the Marquis
of Tweeddale as Commissioner. " I am sure I am far from envying
him that post, and am very glad D[uke] of Queensberry is out of itt.
But if he be not out of the Secretars also, nether the Commissioner,
your Grace, or I will be ether safe or easie ; and besides, the Queen's
affairs will not go so well on, but many more heates will arise that
cannot be forseen. I did not doubt but that was the preliminary to be
granted before the Mar[quis] of T[weeddale's] acceptani^e, which I
shall be glad to be cleared in, or els he will lose ground instead of
gaining .... I kno not what divisions D[uke] Q[ueensberry] can
have any advantage by that yett appeares, for I have done my part to
keep ])eople as much unitte as possible till the parliament meet, and
then I hope we shall concur in the most material affaires. I am, my
Lonl, your Grace's afFectionatt cousin and most faithful humble servant,
AthoU." Dunkeld, May 21, 1704.

5o. James, fifth Earl of Galloway, to James, first Earl of Seafield.
Having been informed that Heron, elder of that Ilk, had on 30th May
last, in a clandestine manner, made application to the Privy Council
against the writer's uncle, Castlestewart, having his weekly markets
and fairs in his burgh of Newton-Stewart on the same day of the week,
Thursday, on which Heron held his in his burgh of Minigaff, he
writes to acquaint Lord Seafield that his uncle's right was granted in
1677, had been ratified by parliament, and exercised ever since, whereas
Heron's markets used always to be held on Saturdays until ten years
ago, when they were altered by Heron's author ; that moreover the two
burghs were in separate jurisdictions ; and to beg his lordship to use his
endeavours that his uncle's markets may not be interfered with. Clarie,
7th June 1704.

56. James, second Duke of Queensberry, Secretary of State for
Scotland, to James, first Earl of Seafield. Thanking him for obviating
the objections made by some people against the passing of his

220

Mas. OF

CotJNTKss exoneration, and desiring his favour for the " passing; a locallety her
BowAGBK OF Majesty iias given me of 1,500 pound a year out of the custonies of
Sbapield. Glasgow till i am paid of what is oweing me." London, 22nd June
1704.

57. M. Van Vrijberge, Dutch Ambassador at the English Court to
Queen Anne. Tliat he had received instructions to request from her
Majesty the release of the vessel named the Catherine, belonging to
James Meyers, merchant at Rotterdam. It had been returning from
the Canaries laden with wine, and though furnished with a passport of
*' LL. HH. PP.," was seized towards the end of August last by Captain
Gordon and taken to Scotland. He will not repeat all the reasons
urged on behalf of the owner, but he cannot refrain from pointing out
that the procedure of her Majesty's subjects in Scotland seemed very
rude, tj pretend to maintain free trade with both the enemies and the
allies of her Majesty, and yet to seize this ship under safe conduct.
He therefore begs her Majesty to order the release of the Catharine
forthwith. London, ^l January 170f .

58. James, fourth Duke of Hamilton, to James, first Earl of Seafield,
in answer to a letter dated the 20th. Had been all last week in
" Weirsdall " and " am soe much taken u^p with my privat countrie
affaires that I heardly know how to talke of polletickes, being both at a
distance and ignorant of the interiour causes which mouves them to
proceed with relation to our afPares as they doe. I am sure your
lordship knowes with how much zeall I offred my service to her Majesty
when she came to the Croun, and eaven to joyne my small indeavours
Avith thos who had ussed me worst. But if thos in goverment would
not, sure I am not to be blamed for that,

" I wish it ware in my pour to cure the devisions that are amougest
us. I may say noe bodie ever wisht it more than I doe, since the evill
consequence of them can't but be obvious to the meanest understanding.
And I am sure it's noe body's interest more than min that a good
understanding be preserved betuin the two nations, which makes me
regrait the warm'eth with which thinges are push't in both houses in
relation to our afFares. Our soveraignes ussed to moderatte thinges
betuixt US3, and I am sure this can't but be uneassy to her Majesty, who
is equally queen of both. Your lordship say's our parleament is to
meet soon in the spring. It does not belonge to me to offer measures,
but I should think it highly requesit that all possible care be taken to
prepare and soften matters. For you can't but think the noice of thos
billes have reassed a considerable ferment in Scotland, and tho I make
noe dout ther may be undertakers at this tyme, who to gett the
goverment in ther hands again will promisse anything; yett her
Majesty has too much at stake to venture a miscariadge at this tyme
which may proove fattall. I am afFrayed I have sade more than comes
to my share, but it proceedes from my dieuty to her Majesty and the
affection I carie for the good of Brittan. I have nothing to proposse
for myself. I grow fond of a qwiett country life, and envies non of
your great men ; but I hope I shall have the continuance of your
friendship and kindness, which is higly estimed by your lordship's most
affectionatt cussen and humble servant, Hamilton." Preston, 28th
January 170|.

59. William Penn, founder of Pennsylvania, to [address wanting].
" 12, 3™ (Ma) 1705. Lesmehagoe stays still hero a pledge for your
kingdom, and unless redeemed by a letter to tlie Sub-secretary to

Sbafisld.

221

prepare him a letter for the Queen to recommend him for a subsistance cS?^T*iB3
till a command offer, he is like to stay here, which after two yeai-s Dowagse ov
waiting seems to be a hardship on his side, and but reasonable on the
Government's side to graunt. It is the occasion of this trouble, and
which I would ask pardon for, if he were not a Scotish gentleman and
that I did not write to a more than ordinary noble man of the same
nation. Pray therfore, command Weatherlxjrn to prepare a letter for
that purpose for the Queen to signe, and he returns with a resolution to
disturbe his friends no more. The Queen has given her bounty to the
Lady Frechevill, but without her other grace 'twill be but a mean
conclusion ; which ends this interruption of thy greater affairs by thy
respectfull friend, Wm. Penn."

60. James, fourth Marquis, afterwards first Duke of Montrose, to
[address wanting]. Has formerly told his lordship how often he has
been solicited both by some of the prisoners lately taken by Captain
Campbell, and by some of the merchants of Glasgow, to have so many
of these prisoners exchanged for a like number of Scottish seamen
presently in France, and again presses him to consider favourably their
appeal. The prisoners are, he understands, to be taken to Edinburgh,
but two of them, named La Grandieur and Le Pein, being Protestants,
earnestly beg leave to stay in this country, as they are afraid to return.
They are both tradesmen. Glasgow, 9th August 1705.

61. Roliert Harley, Secretary of State for England, to James, second
Duko of Queeiisberry. [Copy.] " August 27th 1706, past nine at
night. My Lord, — It is too late to wait on your Grace this night in
person, therefore I take the liberty to acquaint you that I have it from
verry gootl information that Colonell Hooke is sent from France just
now a second tyme to Scotland to negotiate affaires with the discontented
there an<l to hinder the Union. He is a bold dextrous man, and if he
could be taken knows verry much. Captain Caron sett him a shoare
the tyme before, and I believe dos so now. It will not be difficult to
catch him if proper means be used with great secrecy, and it will verry
well recompence your pains. I thought it for the Queen's service to
give this information to your Grace to whom I am with the greatest
respect, my Lord, your Grace's most humble and most obedient servant,
Ro. Hailey."

62. Sir Charles Hedges, Secretary of State for England, to James,
Duke of Queensberry. [Copy.] "Cockpitt, 28th August 1706. My
Lord, — A gentleman lately come to St. Germains, and now in custody,
having upon his examination mentioned one, Caron, as a person
employed betwixt that Court and some disaffected persons in Scotland,
and he having described the said Caron to be a middle siz'd man, of a
flushy complexion, with freckles in his face and some on his hands,
wears a light perwig and is near 40 years of ago, I send your Grace
this description of him, and am, my Lord, your Grace's most humble
obedient servant, C. Hedges."

63. Hugh, Earl of Loudoun, Secretary of State to [address wanting].
He had communicated his lordship's letter of the 8th when at Windsor
" this morning " to the Lord Treasurer, the Duke of Queensberry, and
the Earl of Mar, so far as related to the sending of troops to Glasgow
to establish the officers of customs and excise there. They thought it
would be better to delay doing so till after the arrival of the Equivalent,
as it would " probablie put folks in better humor." Some of the wine

222

MSB. OP ships had arrived, and their masters had been told that the French
Dowagbr'op wines would be seized whenever put on shore ; but the Treasurer had
Seafieli). instructed the commissioners of excise to show "our merchants all the
favor allouable by law." Whitehall, July 15th [1707].

64. John, sixth Earl of Mar, Secretary of State for Scotland, to
James, Earl of Seafield, Lord Chancellor. Has expectations of the
speedy termination of the " marchant's affair." As to the return of the
Scottish members to Parliament, the Chancellor of Britain's opinion is,
" that thers no more necessare but such a return of the wryt to the
Councill of Scotland as is incloased, which is the copie of what was sent
from this, and this return to be sent by the Councill of Scotland to the
Crown Office from Avhence the two houses will take extracts of their
members return'd by it. In it the certificat by my Lord Regester may
be mentioned tho' he thinks not this absolutely necessare." Whitehall,
August 5th 1707. In a postscript he adds : " I'm sorie to see by the
minuts of the Comission of Equivalent of the 28th of Julie so ill agree-
ment amongst them and such protests and counter protests. I'm sure
the English who are now with them will think it very odd."

65. Hugh, Earl of Loudoun, Secretary of State, to [James, first Earl
of Seafield]. Before leaving London with the Duke of Queensberry
and the Earl of Mar for Bath, he had reminded the Lord Treasurer of
the necessity of getting his lordship and others of the Queen's servants
from Scotland in order to adjust things before the meeting of Parliament.
To this he agreed, *' but that it would be necessar that your lordship
and the Queen's other servants should continue in Scotland sume
longer then was at first desiuged, because that the remitting of the
Equivalent had by unforseen accidents been longer retarded then was
intended, and that your lordship's attendance there would contribut
verri much to the quieting of the ferments there, and the disapointing
the desings that sume have of embroyling that countrie." The Duke
of Montrose and Earl of Glasgow would be required to come up. He
sends by this post " Sir James Campbell of Auchinbreck's commission
to be second major of Major-General Maitland's regiment." Whitehall,
21st August [1707]. In a postscript he adds that he has just received
a letter from his lordship of the l7th which will take him to Windsor
to-morrow. He omitted to say that Sir David Dalrymple's attendance
would also be required.

66. William Penn, to James, first Earl of Seafield. "L<^ 20,
^br ] 707. My Honourable friend, — The bearer I take the freedom to

, recommend as an honest and sober person, and capable of dischargeiug

any inferior place in the custom or excise ; and haveing a good character
where he has served, and pressing mc hard for a letter into Scotland, I
knew no person of quality whose good temper and breeding I could be
more free with than the Earl of Seafield's. Forgive me this freedom
and allow me to assure thee that I am sincerely one of thy admirers
and therforc thy respectfull friend, Wm. Penn. His name is Edward
Davies."

67. Rev. William Carstares to [James, first Earl of Seafield]. Is
. pleased that his lordship should still retain " a kind remembrance of

your ol<l servant. . . . The Commission of our Church haveing
mett this week the appointing of a fast was suggested by some wliich
did not a little at first perplex mo and some others. But after some
reasoning about it we brought it to such an issue as I humblio judge

223

is as much for the interest of her Majesties Government in this junctur Mss. op
as anything that belonged to our Church could well be, for there are dowagkb or
but a few general causes of the fast mentioned ; but the particular one Sbajibld.
is the danger that we may be in of being invaded by cruel enemies ; and
such expressions are made use of as shew entire dutie and loyaltie to
iier Majestic, and an utter detestation of French power, and a Popish
pretender. This cannot but be a blow to the exspectation of Jacobits
who did with all industrie as your Lordship knoivs improve the dis-
satisfaction that some Presbyterians had with the Union to the advantage
of their designs, and I cannot but be so just as to tell your lordship that
some of our ministers that were most warm against the Union were
most earnest jn urging this fast and testitieing their loyaltie upon this
occasion. So that I hope, my Lord, that considering of what use to
her Majesties Government this fast Ls, nice principles of some as to
fasts and thanksgiving will be prudentlie overlookt, and that it will be
judged that in present circumstances it is better that this fast was
suggested by the Church, then if it had at first been appointed by
authoritie, for it is a more plain and free declaration of their sentiments
as to the present junctur then otherwise could have been given." He
then reminds him that *' a fitt person " be chosen to represent her
Majesty in the approaching Assembly. Edinburgh, 6th March
1708.

68. John, first Duke of Athole, to James, first Earl of Seafield.
That he had nominated him in his proxy given to the Earl of Orkney
as one of the sixteen representative peers of Scotland. He has now
been three months confined, two of them a very close prisoner, and he
hopes the Queen will now hberate him on bail, especially as he has now
qualified himself as sherifE-principal of Perthshire. Blair-Athole,
12th June 1708.

In another letter of the 26th of the same month, the Duke regreta
that no effect has been given to his api)eal, especially when others are
being set at liberty.

69. Sir Isaac Newton, Master of the Mint, to James, first Earl of
Seafield. [Holograph.] '* London, August 12th 1707. May it please
your lordship, — Upon the first notice of the death of Mr. Stewart I laid
a memorial before my Lord Treasurer about the money iu the hands of
his executoi-s that it might be paid into the Mint ; but this memorial not
coming from the proper officer I desired Dr. Gregory to signify to one
of the oflicers of the Mint at Edinburgh that it would be proper for
the officers of that Mint to lay a memorial about that matter before my
Lord Treasurer. And accordingly the General of that Mint laid a
Memoiial before my Lord Treasurer about it in the name of the officers,
and we made a report upon it, and two warrants were sent down to
Edinburgh from her Majesty, the one to the executors of Mr. Steward
to pay the money to the general and master, the other to the general,
master and wardens to lock up the same under their several kevs for
paying of salaries and other charges as they shall become due, whereof
the master is to give an account annually. If the executors do scruple
to pay the whole at once, the ofiBcers may receive it by parcells. And
when they begin to want the money in the hands of the collectors of the
customes, it will be proper for them to desire the general to put in
another memorial to my Lord Treasurer about that money. The
executors should also make up theii* accounts in the Exchequer, but the
method of bringing them to account I do not know. I hope they will
do it voluntarily upon paying in the money into the Mint. If there be

224

^MSS^oF^ anything in which I can serve your lordship or Mr. AUardes you may
Dowager of command, my Lord, your lordship's most humble and most obedient
Sbafield. servant, Is. Newton."

70. The same to the same. " London, June 22nd 1710. May it
please your lordship, — I received your lordship's letter yesterday
about the tryall of the Fix, and this day waited upon my Lord
Ohaneellour to know his sense upon that matter, and his lordship
desired me to signify it to your lordship with relation to the two
difficulties which your lordship proposed in your letter to him. His
lordship thinks the Order in Council for the triall a sufficient
warrant for conveying the pixis to London, and something more
than a warrant because it commands the doing it, but the manner of
doing it most safely is left to the prudence of your lordship and the
other officers of the Mint, as it was lately left to the prudence of the
officei's of the five country mints in England to convey their pixes to
London. If it be conveyed safely to the Mint in the Tower we will
take care that it be safely carried thence with our pixes to the place of
triall. And as to the other officers which are to come up hither to the
tryall, his lordship thinks three sufficient, your lordship, the Master and
the Warden of the Mint. For*in the triall of the pix of the Mint in
the Tower three officers only attend, the Warden, the Master and the
Comptroller, the rest of the officers being of no use in the triall. If
your lordship and the Master and Warden think it convenient that the
Counter- Warden come to London with you, it will not be found fault
with here ; but if you excuse him he will be excused here, his power of
acting in the triall being included in your lordship's. I am, my Lord,
your lordship's most humble and most obedient servant. Is. Newton."

71. John, Duke of Marlborough, to James, first Earl of Seafield.
" Bruxelles, February 13th 1709. My Lord, — I have the favour of your
lordship's letter by Mr. Abercromby, who was so obliging as to bring
me the vote the House of Commons are pleas'd to honour mee with.
You may be sure the sence I have of itt, with the caracter you give me
of the gentleman will always oblige me to do my vtmust, that he may
meet with a sutable return to his zeal to the Queen's service. I hope to
wait on your lordship the begining of the next month, and then shall
be very glad to concert with you what may be most sutable to his
inclinations. The Prince of Savoye has promis'd me to sett out from
Vienna the first of March, in order to come directly hither. When I
have notice that he continues his resolutions I designe to embark for
England, for I long for the happy hour of entertaining your lordship
that I may be trully inform'd how our affiiires go att home, for tho 1
have many on that subject, yett I find them generally according to the
complexion of the writter. I shall always think myself happy in the
continuance of your friendship, being truly, my lord, your lordship's
most faithful humble servant, Marlborough."

72. The same to the same. "September the 13th 1710. My Lord,
— I have forborn giving myself the honour of writting, in hopes every
post from England to have heard the certainty of a new parliament ;
but that being not declar'd, and the season being so farr advanced, I
thought it prudent not to keep Lord Staires any longer. He will
acquaint you with the inclinations of the Lords that are gone from
lience. He has also my proxy, and with your advice he will lille it.
I beg you will take measures with him with freedome, for you may
depend upon his prudence and good temper, and that you will do me

2^5

the justice of beleming that I am with much tnith, ray LorJ, your p*)*®°*
lordshipes most obedient humble servant, Marlborough. Dowaqbr op

" For the Earle of Seafield." Sbambld.

73. Jaraos, fourth Earl of Findlater and Seafield, to Queen Anne,
[draft]. That not being a member of Parliament he had spent last
Avinter at home, but has still every desire to serve her Majesty; and as
there is now a vacancy in the repi^esentation of Scotland by the death
of the Earl of Marischall, he will be glad to serve her therein, if she
think it fit, or to vote for "any other you please to name." [May
1712.]

74. John, sixth Earl of Mar, to James, Earl of Findlater and
Seafield. That the death of the Lord Treasurer's daughter has retarded
business. He had received a letter some time ago from the Duke of
Athole "to be laid before the Queen complaining of an Episcopall
minister at Dunkel for not praying for the Queen in express words, and
de.*;ireing that he may be prosecuted by the soliciters," but Lord Mar
wishes the matter could be otherwise dealt with than in public, as it
might " occation some bustle " between the " Church and Kirk
parties " injurious to peace. " We have still stories wrote us up here
concerning people of the West buying up armes, and a good dale more
of that stuff, but since your loixlship saves nothing upou that matter I

fancie there is nothing in it I am sure your lordship will be

pleased to know that the Queen never lookt better than she now does
since she came to the Crown, She walks without help, even of a stick."
The Parliament is not expected to sit till some time in February, so it
will lie long ere they see him. "1 never saw old Lonlon so dull.
Your lordship, I doubt not, is better diverted where you are. The
session in the forenoon, and what you can find for yourself in the
eavening, beside your makeing good chear to your friends, and mirth
which your own happie temper never lets you be without." lie refers
to a dispute bet^veen his lordship and the Lord President about the
signing of the interloquitors. The story had come from Edinburgh.
" They say now that when the precident was ill, and by that absent,
your lordsliip sign'd them, but as soon as he came back to the
bench, your lordship yealded it, and that he continues to <lo it ever
since. They think your lordship wou'd not have contested it unless
you had been well grounded, and that the giveing of it up is a dis-
paragment to your office, and makes you but vice-precident in place
of him." He wishes to know what he is to say in the matter if it
come to the Queen's ears, and she asks him. Whitehall, 18th December
1713.

75. The same to the same. " Whithall, Teusday night, December
29th 1713. My dear Lord — Tho the Queen was much better than she
bail been when I wrote to your lordship on Saturday last, I'm in much
better heart now than I was then. She rested pritty well the
begining of the night on Saturday, but her aguish fitt return'd about
one on Sunday morning, and lasted till four, and tho' it was much
easier than the first fitt was on Thur:5day, yet by her takeing no
sustinace nor cordialls, she was a good dale out of order, Sunday, all
day. ... I find here in toun they had her dead on Sunday, and
some people thought fitt to show (as I am told) but very undecent
countenances upon such an occation. But 1 hope in God she will be
preserved to us long and dissapoint those wretches who are not
sensible of our bUssiags. I write to nobody else at Edinburgh
7 7S18t. f

226

Cou^T^^- to-night, so your lordship will be pleased to let this be knowen to
DowAGEK OS people there. 1 Avish I may never have news to write to you less

UsAnishv. agreeable of our good mistress, and that there were not one of her
subjects who wishes her otherwise than your lordship and I doe. I'll
trouble you no further now, and I am, with all respect, my dear lord,
your lordship's most obedient and most humble servant, Mar."

76. The same to the same. That he has now the Queen's commands
to write to their lordships of the Parliament to lose no time in coming
up for its meeting, and he hopes none will be absent even on its first
day. ThD Queen " continues in her recovery more and more every
day, but I believe she will not come to toun till after the birthday, that
the gout may be quite off before she venter the shaking in a coach."
Whitehall, 22nd January 17lf .

77. The same to the same. *' My Lord, — I had the honour of yours
of the 21st last night. I am glade that contest betwixt your lordship
and Lord President is at last over. I could not have thought that
Lord Precident wou'd have protested, and much less that he should
have askt it to be recorded, or* that the bench wou'd have alow'd of its
being done. This may one day or other be of very ill consequence to
that Court, and occation people here who have no good will to it to
propose such alterations as no Scots man should desire, and what is not
thought of at this time. 1 heartily wish still that nothing of this
disput should stand on record, and I think the Precident (espetially
since he has yealded the point) should be as desireous of it as anybody
else. As I remember the Precident's comissiou, it impowevs him
only to proceed in the Chancclor's absence, which to me, who am no
lawer, seems to leave not the least shadow of disput in the whole affair.
Since your lordship was oblidg'd to make a counter protest, I doubt not
but you founded much upon this, which is stronger than anything can
be said on the other side. Since the thing has been once moved, in
ray humble opinion it is of very great (;onsequence to have the thing
entirly now determined and put out of doors, and that nothing should
appear on record of it. But this your lordship, the Precident, and all
the bench are so much concerned in that you are best judges of it, tho'
indeed it is the concern of every Scotsman ; and I think the bench
should not make light of it, for it concerns them very near, and it may
be found that there may be handle enough made here of the protests.

. . . Elist be God, the Queen recovers extreamlie well. Her gout
is now easie to her and goifag off. She had a Cabinet Council] on
Sunday night and was present her self at it. I was wnth her on
Munday morning and 1 have seldome seen her look better nor more

lively every Avay. Lord continue it long so " Whitehall,

January 19th, 171|.

78. Letter of Protection. " John, Duke of Argyll, Generall and
Commander in Chief of his Majesties forces in North Britain, &c.
You are to take care that no person takes away or abuses any thing in
or about the house or upon the estate of the Right Honorable the
Earl of Finlater, on pain of the severest punishment. Given at
Aberdeen, the 14th February 1716. Argyll. To all oflScers and
soldiers."

79. Two letters, unsigned and uuaddressed, dated 15th February
1717. The " SAveddish piott " was still a surprise. Sir Jacob Banks,
Caesar and others who were arrested on suspicion have been liberated.

227'

Earl Landsdown is at liberty, and Mr. Hay, whom the Coancil cor^riL
resolved should be put to death, has made his escape from Carlisle, Djwager op
and the King refused to ?ign the death warrant. There is not yet any Sbapibld.
reconciliation among the Ministry, notwithiitanding the efforts made
for that effect ; the breach is so wide that the overthiow of one of the
parties seems imminent. " They say Baron Bothmar has had frequent
interviews with Argyle and Isla, there interest still continuing with
the Prince as great as ever. The Parhament men are calletl up by
there friends. Grant has required Glassaugh to goe up and he is half
resolved to march on Monday" next for London.

80. Charles, Baron Spencer, afterwards second Duke of Marlborough,
to [James, Earl of Findlater and Seafield]. " February 7th, 1723.
My Lord, — My Mama Dutchess, having the headach, makes use of me
for a secretary to give your lordship a great many thanks for the
honour of your letter which she received to day, and to tell you that she
is extreamly pleased that you like her manner of exjilaining the merits
of the cause, which, tho it is not in the forms of a Chancery Bill,
an? all fjicts, prov'd and as true as anything in the Bible. Upon the
encouragement which your lordship has given her she will give you more
pupci"s before the hearing, and she does not doubt but you will assist
her in everything that is just, and farther than that she knows herself
uncaimble of desiring. And she depends upon your justice the more
Ix'cause she is a wittness that the Duke of Marlborough and the late
Earl of Godolphin esteemed and loved you ; and she believes their
friendships were alhvays well grounded. She gives you many thanks
for your promise of dining with her when you are at h^isure. She
\von't fix a time for that honour because you will l>e allways wellcome,
wlienever it is easy for you to come ; and she knows Avhen 'tis without
invitation you will not dislike a family dinner, which will l)e allways
ready at half an hour after 3. I am, your lordship's most obedient
humble servant, D. Spencer." [He was grandson of the famous Sarah,
Duchess of Marlborougli, on whose behalf he was writing.]

81. Sarah, Duchess of Marlborough, to [James, Earl of Findlater
ind Seafield]. "^farch 26th, 1724. My Lord,— After I had seen
vour lordship yesterday 1 had an agreeable account given me of the
inclinations in the House of Lords to doe justice in this compassionate
case, but there was an allay in it, for I was assured that my Lord Isla
Nvill exert himself very much for my Lady Mohun to-day. 'Tis so
scandaloui a case that I should doubt of it if I had not had it from a
very sure hand. This makes me trouble your lordship to beg of you
that you will speak for these poor people, and in so just a Giuse as this
•here is no doubt but that you will sufficiently answer his lordship.
And for the other law lord (I mean Trevor) by what I have heard, my
Lord Harcourt and my Lord Chancellor have shewn warmth enough
:o silence him. I hope your lordship will be aware of any proposal to
; omi>ound this matter, for they certainly have a right to the arrears as
much as to the land, and there is so many of them that if they have not
both, some of them will still be starring. I am oblig'd to dine abroad
to-day or I .'should beg your lordship to do me the same favour as you
lid yesterday, who am, your lordship's most faithful and most obliged

humble servant, S. Marlborough."

82. Charles, second Viscount Townshend, to James, Earl of
Findlater and Seafield. That His Majesty is pleased " that the
Assembly ended so quietly and with such universal satisfaction," that

p 2

128

c^rNTiss ^'^ approves his lordship's conduct entirely, and attributes the result to
DowAQEE 01 his prudence and wise management. Whitehall, 2nd June 1724,

Skafield.

83. General George Wade to the Earl of Findlater and Seafield.
" My Lord, I am extreamly oblidged to your lordship for the honour
of your letter, which I this minute receiv'd from your servant. My
success in our expedition on the Seaforth was even beyond expectation,
the McKensies and other clans having paid a dutifull and obedient
submission to His Majesty's commands, and surrendered their arms to
the number of between 700 and 800 in great solemnity, decency, and
quiet, and have promised for the time to come to pay in their rents for
the use of the publick.

" I had yesterday an express from the Duke of Newcastle, with an
account that His Majesty had been pleased to remove his Grace the
Duke of Roxburgh from his office of Secretary of State without any
intention of putting any in his place, so that the affairs of Scotland are
to be transacted by the English secretarys.

" Another great })eice of news I had from Duncan Forbes, viz., that
the brewers of Edinburgh began to capitulate on this day sennight,
that they demanded high and unreasonable conditions, but at last
consented to continue their brewing so that there is now plenty of ale
at Edinburgh.

" I have sent summons's to all the clans in the neighbourhood oE Fort
William and Killyhuimen, and shall on Monday set out for those places
hopeing they will not scruple to follow the example of the bravest and
most formidable clan in the Highlands. I thank your Lordship for
your kind invitation, but believe my buisness will not allow mo to Avait
on you. I should be too happy with such a relief from so much hurry
and buisness but must strike the iron whilst hot. I am, my Lord, your
lordship's most humble and obedient servant, George Wade. Camp at
Inverness, September the 3rd, 1725."

84. Andrew Sutherland to [the Earl of Findlater and Seafield].
" London, June the 15th, 1727. My Lord, — I thought it my duty to
acquant your lordshipe with this sade and sudden surpriss off the King's
death, Sunday last, being 11th instant, at his brother hous at Aussonburgh
within 20 mills offHarrenhousen. This day about 12 a cloak the prince
was proclamed at Leister hous, Chearing Cross, Temple Barr and
Royall Exchange. His late Majesty Avas taken ill upon the Thursday
and continued all Fryday, and Avas violently taken upon Saturday in
fitts of ane apoplexy, and dyed Sunday morning betwixt twelne and on.
My Lord, I can give your lordshipe no accompt of tlio coronation not
being prefixt, is all at present from your lordshipe most humble and
most obeident serA\ant, AndrcAV Sutherland."

85. Henry Home, Lord Kames, to James, sixth Earl of Findlater and
Seafield. " Edinburgh, I3th November 1766. My dear Lord, — T have
been longing for a little confabulation with you, and I am glad to have
got a subject for satisfying my longing. It concerns the duty upon coall,
Avhich runs always in my head. It ap[)ears from the books of tiie
Customs that the duty of our coall carried coastAvays, including Avhat is
carried to Englaiul, exceeds not, communil)us anni^-', 190/. sterling
yearly. This tax is unluckily appropriated, and therefore to get free of it
something eijuivalent must be put in its place. My proposal is to raise
by subscription a sum that may yield 190/. yearly, to be paid in to tlu;
Treasury in place of this coal tax, but we shall not have occasion to

229

raise so much. Let the duty remaia upou the coal carried to Englaud, MSS. of

and therefore I presTunc the duty we are to buy off may not exceed dowager'of

150/. Suppose this tho case till, we get more pointed information, a sum Sjap^eld.

of 4,000/. wouM be more than sufficient ; and can we doubt but that

sura mtiy be easily rais<'d for executing a purpose so laudable. We may

expect very considerable contributions from the towns of Aberbrothock,

Montrose, Aberdeen, etc. Whenever you come to town we must set

this matter a going. A committee must lie chosen interestetl in

different counties to draw in subscriptions, Ac. Many other projects

wait your coming and therefore, nil mihi rescribar attamen ipse veni.

II. Ilonie." In another letter, undated, to Lord Deskford, Lord Kames

writes " My Lord, writing is an image of conversation and therefor I

love to write to you. The subject shall be the duty on coal." And

then he proceeds at length to discuss the English coal duties.

86. James, sixth Earl of Findlater and Seafield to Sir Alexander
Gilniour, Baronet, of Craigmillar, M.P. for Midlothian. He desires him
to interest himself in getting a grant for the widow of Lord Edgefield.
" There is another thing I have at heart, because I think it of publick
consequence. You know I have scarce any acquaintance with my Lord
Dalhousie. When a second brother he Avas bred to the law and
universally esteemed. His becoming a peer by the death of his elder
brother drove him from the Bju*, and the narrowrjess of his fortune
confines him to the country where he will be ai)soluteiy lost. Everyboily
must l)e sensible that as |>eople do not rise from the Scotch law to the
peerage as they do in England, the only chance we have for having
anybo<ly among the peers who knows anything of our law is by second
brothers, bred lawyers, succeeding to peerages. When that happens
and they are otherwise of good character, I think it is the business of
the Crown to cherish them, to supply this material defect in the House
of Lords. And in this view it is my opinion that a pension, not too
great an one, of £300 or £400 a year, should be grante«l- to Lord
Dalhuusie. ui)on condition that he attend the Session house constantly,
and read all the papers that are given in to the Court, which I know all
the judges woidd concur in procuring him with distinction. The
condition might l>e communicated to him by a private intimation, and I
think there can be no doubt of his exerting him.self, upon understanding
that this is only a preparatory step to make him of use and importance
in Parliament. My Lord Panmure is his uncle, and would, I suppose,
naturally concur in an application of this kind and take it as a favour
done himself.'* 11th January 1767.

87. Memorandum from I-ord Findlater to Sir Alexander Gilmour
about filling up the vacancies in the Trustees office, and in the
Commission for the Annexed Estates. In both these offices people of
figures are wanted. In the Trustees office merchants are necessary,
and it is requisite that the people named should be people that will
attend. In this respect Sir Alexander Dick would be projter in both
boaids, because he has nothing else to do. Henry Dundas, the solicitor,
should be added to both boards. Besides these, Lord Findlater thinks
Patrick Miller, merchant, and John Fordyce, very proper for the
Trustees office; and if there is any doubt about Sir Alexander Dick, he
thinks George Cludmers a proper person. In the Commission of
Annexed Estates he thinks John Fordyce and George Chalmers
extremely proper, and John Davidson, but he believes there are but four
vacancies in each board. If my Lord Hales will undertake to attend,
he is the fittest man of any to be one of the trustees for the

230

Countess manufactures." Inclosed in a, letter to Sir Alexander Gilmour, dated
'^Sstrill^^ Edinburgh, II th January 1767.

88. James Burnett, Lord Monboddo, to [the Kov. John Grant,
Boharm]. " Monboddo, 24th August 1780. Sir, — I had the favour of
your letter, and am very glad to continue the correspondence with a
man that I think both sensible and curious." He refers .to some
statistics of some northern parishes supplied to him to sliow the
proportions of male and female births, and contrary to his expectation
the males are the more numerous. " If, therefore, it be true what
INIr. Bruce of Abyssinia reports that the number of females born in the
eastern countries is so much supernumerary to tlie males, in the ratio,
as he says, of 4 to 1, it must be owing to causes which do not exist in

this coimtry As to climate, tho' I know a great deal is

ascribed to it by our modern philosophers, and no doubt it has a great
effect upon animals and vegetables, I do not think it can affect men in
that way, for I am perswaded that in all parts of the earth the males in
the human species in a state of nature were supernumerary, and the
effect of the better climate would only be to make them, as well as
other animals and vegetables, better of the kind.

"As to the numbers they are decreased, and much decreased in almost
every one of the parishes except where there are towns or villages, and
npon the whole the decrease is very considerable both in the 17 and the
13 parishes; particularly in the parish of Fordun where I live the
decrease is near to 7,000 in eighty-four years. The reasons you give
for this decrease are quite satisfactory. It is by the ingrossing of land
into few hands, and driving the people either out of the country
altogether, or into towns Avhere they are consumed by vices and diseases.
In this way the great gentlemen swallow up the lesser, the great tenants
the small, and the crofters or cottagers, who were by far the most
numerous of these three orders of men are, in many parts of Scotland,
almost totally extirpated. But the loss of all others, the most
irretrievable in my opinion, and which you very properly lament, is the
extinction of our antient families of nobility and gentry which is going
on at a wonderfull rate. These were a very numerous race in antient
times in Scotland, and were the glory and strength of the country, as
they must be in every country. No.w I am convinced there is not in
Scotland the 10th landholder that was one hundred years ago. In
England the depopulation of this kind is, I believe, still greater, for
tliere is hardly a gentleman of 300/. a year to be found in England, and
the whole race of yeomanry and gentlemen farmers, answering to our
wadsetters and great tenants in the Highlands, is totally extinguished.
These are melancholy truths, but I can only wish, and you can onl}'
pray for the remedy of such evils which threaten the utter annihilation
of the country. But I doubt you cannot pray as Anchises does in
Virgil —

Dii ! prohibete minas ; Di, talera avertite casum,
Et, placid i, servatc pios.

For the want of religion, I think, is one of the worst symptoms of our
present state, not being at all convinced of the truth of what Mr. ])avi(l
Hume has advanced in his posthumous works, that the less religion
there is in a country the better.

'*In this melancholy state of our affairs the greatest comfort I have is
living as much as I can in the antient world, and I shall peruse with a
great deal of pleasure Avhat you are to publish on antient monuments
relating to thi« country. You mention two or three places where the

231

remains of the Romans are to be found. There is one mentione<l, as I mss. of
remember, by Eichard the Monk, which he calls the Arce ^finis Imperii Dowager of
Eomani. They are yet to be seen near Chanry in Ross-shire as Sbapikld
Colonel Roy the Engineer told me. They are three tumuli of earth
and stone. I think it will be worth your while to inquire about them.
I am, Sir, with much regard, your most obedient humble servant,
J as. Burnett."

[Several other letters passed between Lord Monbo<ldo and Mr. Grant,
and also ]\Ir. Isaac Grant, W, S. Edinburgh, in reference to the
proposfd publication. AYhile offering all friendly assistance, Mr. Isaac
Grant writes in a letter date<l 27th Decemljer 1780, — " In the name of
wonder why don't you apply your time and attention to something that
everybody will understand, and not deal in abstract things that only will
be relished by the literati .'" Lord Monboddo, after reatling the MS.
writes on the 3rd December 1782, that he " thought it very well
■worth printing," but he had failed in his endeavours to have it taken
up in Edinburgh, and was now to apply to Caddel in London. He
adds : — " If it were no more than a compilement from so many antient
authors, it would be very usefuU to a scholar who desires to be informed
about tlie antiquities of his country, by saving him the trouble of going
thro' the indexes of so many antient books. And besides your preface,
which every man studious of those subjects will read with pleasure, you
make part of your collection a very rare author, Richard the Monk of
Cirencester, of whom [I] believe I have the only copy in Scotland.
This alone should make your work sell in such a country as this ; at
least I am pcrswaded it will do so in England, where that book is
equally rare." Caddell, however, refused to undertake the responsibilitv,
and in a letter from Lord Monboddo, dated 13th March 1785, mention
is made of the " valuable MS." being returned to Mr. Grant.

IV. — MiscELLANT-Ors Writs in the Ciiauter R'><'^r at Cult.kk

House.

89. Notarial Instrument narrating that in presence of the notary and
witnesses underwritten, in full Court in the Court-house, compeared
James Ogilvy, of Drumnakeith, and Thomas Duff, bailies of the burgh
of Cullen, with the councillors and fellow burgesses thereof, and in a
high and intelligible yet sufficiently lamentable voice deplored the
abuses and confusions into which misgovernment had brought the
affairs of the burgh ; and they agreed to elect certain understanding and
discreet burgesses to whom they give the power of setting in tack all
lands, mills, and others l)elonging to the said burgh, and that all persons
holding such should resign the same for a regrant thereof, in the hands
of the said bailies, which they hereby did. Done on 16th ^larch
1480- 1. 'yiVitnesses, James Ogilvy, of Drumnaketh, John DufF, senior,
and Thomas Duff, senior, brother-german of the said John. Robert
Doloquhy, Notary.

9(^. Precept of Sasine by Mr. Patrick Lumysdene, rector of the
Bridge of Spey (Pontis de Spey) and superior of the lands of Robertis-
feld, Hugestoun, and Ynchkandy, directing Alexander Ogilvy in
Glashalch, his bailie, to inteft James Dunbar, of Cumnok, and Elizabeth
Ogilvy, his spouse, in conjoint fee in these lands, lying in the sheriffdom
of Forres, and which were resigned by the said James for that purpose.
Dated at Kothes, 16th April 1508. Witnesses, Mr. Edward Cunninghame,
rector of Cussyny, Andrew of Sinclair, vicar of Lagan, notary public.
Sir James Greir, chaplain, and others.

Sbafield.

232

Mss. OP Qi Dispensation by Edward, bishop of Orkney, as oommissary and

DowAGKK OP executor of Lawrence, Cardinal of the four crowned saints, Papal
penitentiary, narrating that on 12th February 1524 there personally
compeared before him in the aisle or chapel of St. John the Baptist in
the Metropolitan Church of St. Andrews, Walter Ogilvie, laird of
Cragboyne, of the diocese of Aberdeen, and John Keith, son and heir
apparent of Gilbert Keith of Balmuir, as procurator for Christian
Keith, daughter of Sir William Keith, Earl Marischal, whose appoint-
ment, dated at the Castle of Dunnottar on 9th March 1524, under the
seal of the said Earl, and attested by Gilbert Keith of Troup, Alexander
Keith of Pettindrum, Sir John Leicht, vicar of Dunnottar, and others,
is inscribed at length, and desired a dispensation for the marriage of the
said Walter Ogilvy with the said Christian Keith. They were related
in the fourth and fourth degrees of consanguinity, because Elizabeth
Maitland, by her first husband, begat a son, James Edmonstoun, and
by her second husband, a daughter, Elizabeth Creychtoun. This James
Edmonstoun begat a daughter, Margaret Edmonstoun, who begat George
Ogilvie, and George Ogilvie, begat the said Walter Ogilvie. Elizabeth
Creychtoun was the mother of George Gordon, who begat Elizabeth
Gordon, Countess of Marischal, who was the mother of Christian
Keith. The dispensation is granted with cons^ent of Malcolm Halcrow,
priest of the diocese of Orkney, who presented the letters, and is dated
I2th February 1524, according to the Scottish computation. Witnesses,
Andrew, bishop of Caithness, John, adjutor to the bishop of Orkney,
Sir Thomas Myrtoun, archdeacon of Aberdeen, Mr. Robert Reid, sub-dean
of Moray, Mr. Andrew Patrickson, Sir .John Mathieson, Mr. Andrew
Yrland, Andrew Strang of Petcorthie, and others.

92. Notarial Instrument under the hand of Richard Daloquhy, priest
of Moray, before whom personally compeared John Gordon, lord of the
third pait of the lands of Innerchero, and acknowledged that it Avas his
own seal engraved Avith three boars' heads, and a star in the middle,
with which he had sealed a charter of alienation and a precept of
sasine of the third part of his lands of Innerchero to Alexander Ogilvy
of that ilk and which he now ratifies and confirms. Done at Auchindown
before William Forbes, in Keithmore, and others. 31st July 1531.

93. Charter of Erection by William, bishop of Aberdeen, of the parish
and parish church of Deskford, whereby at the request of Alexander
Ogilvy of that ilk, whose petition bore that to many of the parishioners
the parish church of Fordyce was too remote for their attendance on
Lord's days and festival days especially in inclement weather, and that
the inhabitants of that parish were too numerous for one pastor, while
the residenters on the barony of Deskford had to travel to the said
church by desert ways, the said bishop, with consent of his chapter,
specially congregated, and sixty days' notice of the petition having been
given to all parties having interest by public edict, erects the chapel in
the ban ny of Deskford into a parish church ; with all the privileges
and immunities belonging of right or custom thereto, Avith bell-tower and
bells, baptismal font, cemetery and right of sepulture, and of ministering
and bestowing all other sacraments of the Church on the parishioners
within the bounds of the barony of Deskford ; to be called in all time
coming the parish church of St. John of Deskford, the said Alexander
Ogilvy having rebuilt the chapel in honour of Almighty God, his mother,
the Virgin Mary, and in memory of the most blessed John the Baptist,
and having adorned it within and without with ornaments and priestly
vestments, and procured its dedication and consecration into a church

SKAriKLD.

233

by the hands of the priest (pontifici!»). .In the said church a fit man is c^cstkL

to be ordained as priest, presented by the dean and chapter, who provide ik)WA«iK«i^op

for his sustenance out oJf the teinds of the church of Deskford a yearly

stiijeud of 8/. Scots, Alexander Ogilvy of that ilk having granted a

garden and manse suitable thereto in perpetual alms. To all which also,

by notarial instrument, Sir John Robertson, perpetual vicar of the

Church of Fordyce, for himself and his successors, gave his consent.

Dated at the Chapter-house (Canoniam) of Aberdeen, 14th October

1543. Witnesses, James Mowtray, vicar of Turrekkillis, Walter Stewart,

Thomas Scheres, vicar of Keltoun, clerk of our Chapter, Laurence

Young, chaplain of Westhall, Peter Huchesoun, vicar of TuUinessill, and

James Skene, notary public. Subscrilx'd by W* Eps. Abdonen,

R. Erskin, decan*? Abdonen., Dauid Dischintone, cator, G. Marcel,

cancellarius, Joannes Steuard, thesaurarius, Jacobus Gordoun de Lemay,

Johes Cumyng de Der, Patricius Morton, archi^, Dfican^ B8et de

Methlak, Ro. Lokhart a Dn'imayok, Arthurus Taillefere de Grechmond,

Wiltms Cabell de TuUynessill, mau ppa, Alex*". Kyd, succetor s*,

Thomas Suthirland, pben^ de Ellone, manu ppia, Johanes Ogiluy de

Crudane, Alexander Gallouay a Kynkell, Ilcnricus Forsy* de Monymosk.

91. "The Intitulatioun and Inuentour of all the moveabill guddis and
gier pertenying and beying in the possessioun of me, James Ogilvy of
Fyndlatter, giffin vp be my awin mowth at Fyndlatter the xvj day of
Septembere, in the yere of God mv^ sextie and fyiff yerris, to stand as
my testament and last vill quhill I renew and reforme the samin, maid
befoir vitnes, !Michaell Ogilvy of Cultis, James Ogilvy, sone to vmquhill
Johno Ogilvy of Glassacht, and Maisler Villiame Lawty, notar." He
gives an inventory of his farm stock and other goods, but all the values
are not filled in. At the end he siiys : — " All rest of teynd siluer of the
foirsaidis kyrkis dnverboyndie and Deskford) onpait to me, I leef the
samyn to Mr. Williame Lawtie, becaus he hes beyn to me ane gude
seruand in all tym past."

He appoiuls James, Lord Ogilvy, tutor to his grandson, Walter Ogilvy,
with the administration of the whole lands pertaining to the barony of
Ogilvy of Findlater which are held in feu, viz., the lands of Findlater,
with pertinents, Blareschenocht, Bruntown, Sefeild, Vodfeild, and
Smythtown ; and also assigns to him what remains of his tack of the
teind sheaves of Inverboyndie and Banfl", held of the Abbot and Convent
of Arbroath, and of his lack of those of Cullane, Deskfurd, Fyndlatter,
Knokdurnis, Drechadleis, Tullynath, Longmure, Half Baddinspink,
Half Paddokburn, and Half Newmyll, held of the canons and chapter
of Aberdeen, which tacks belonged to him as donator to theeschtat of the
deceased Sir John Gordon. He appoints his natural son, Alexander
Ogilvy, his assignee to the reversion of the lands of Fyndauchtie from
" Mareyone Ogilvy, my sister," and bequeaths 300 merks to him to help
to redeem them, but places him under the tutorage of Mr. William
Lawtie, during his mmority, and he is to be overseen by George Ogilvy
ot Dunlugus and George Ogilvy of Auchfpihenany, his " tender freyndis "
an<l executors. To his natural daughter, Baibaia Ogilvy, he bequeaths
100/., and directs that she be under the guiding of his said sister. He
also gives legacies of 20 merks to each of the following : James Ogilvy,
son to John Ogilvy of Glassaucht, and his brother, John Ogilvy, George
Ogilvy, son to George Ogilvy of Myhoun, and his brother James;
Alexander Ogilvy, son to George Ogihy, elder, and his brother, George
Ogilvy. In concluding he says, " My wif, Marjory Levynston, to hef
all thinge pleissandly without ony cumber quhilk scho aucht and suldhef
of the law or compocission ressouabilly thairfor be advi^se of freyndis."

234

Cou»te's ^^' Charge by King James the Sixth to James, Lord of Torphichen,

DowAGKR OF to receive and enter Alexander Hay, director of Ghancery in " the

■ tempdland contenand ane yard and croft adiaceient thairto on the south

syde of the kirkyard of Cullane, betuix the landis pertoning to the
prebendarie of Sanct An on the south, the kirk croft at the eist, the
Greshauch and Castelyard at the west, the landis of Johnne Ogiluy on
the north ; quhilk yard was occupiit be vmquhile Sir George Duff,
provest of Cullane, and the said croft, occupiit be Johnne Gillane in the
toun and territorie of the burgh of Cullane within the sherefdome of
Banff ; and ane vther croft of tempilland lyand in the Drurnmeris within
the territory and sherefdome forsaides occupiit siclike be the said Johnne
Gillane beluix the Priestisfauld at the south, the landis of Sanct Annis
prebendarie at the west, the landis of the Magdalene prebendarie at the
eist, and the hedingof the landis of theHalie Croce prebendarie, occupiit
be Duncane Robertsoun at the north," which had been apprised l)y James
Lord Torphichen for unpaid duties since the death of Christie Pratt last
lawful possessor thereof who died in June 1514, and to the nonentry
duties of which the said Alexander Hay was donator. Dated at
Edinburgh, 9th January 1576-7.

[Tn another document dated 31st JNIarch 1612, John Duff of Muldavit,
Mr. Patrick Duff of Darbruiche, his brother, Walter Duff, son of John,
and present prebendary of St. Ann, and Adam Duff, his brother-germ an,
confirm the right of James Lawtie, burgess of Cidlen, to certain of these
prebendary lands either acquired from his deceased father, William
Lawtie, or from the said Alexander Hay.]

96. Mutual Bond of Manrcnt and Maintenance whereby Alexander
Ogilvy of Boyne agrees to " honour and acknawledge " Sir Walter Ogilvy
of Findlater, as his '' clieif and principall off quhais hous and name he is
discendit," and concur with and assist him accoi'dingly, "as ane kinnis-
man aucht to do to his cheiff " ; and Sir Walter promises the reciprocal
defence and protection, " as becumis ane cheiff to his kinnisman." To
this they pledge themselves for their lifetimes. Dated at F'ordyce,
30th January 1589. Witnesses, Sir George Ogilvy of Dunlugus, James
Dunbar of Tarbet, Walter Ogilvy, apparent of Dunlugus, and Thomas
Innes of Pethiiyk.

97. Bond of Manrent by George Currour, fiar of Inschdrour, that
" Forsameikill as Walter Currour my father, and baill predicessouris
before him, hawe being bund in serwice and dependence to the lairdis off
Findlater, as the howse maist kyndlie to thame to depend vpon for mony
respectis ; and in respect I am to succeid to the said Walter, my father,
his lowing, heretagc and possessiounis, and hawing considderit my
greatest well sail consist in keiping my honest dcwtie to the said hous,"
he gives his pledge to be faithfuU and true to Sir Walter Ogilvy, now
of Findlater, knight, and his heirs ; the said Sir Walter, in return,
promising his protection. Dated at Cullcn, 7th May 1598. One of
the witnesses is James Ogilvy of Blerak.

98. Mutual bond of friendship between Sir Walter Ogilvy of
F'indlater and John Leslie of Bah]uhain, whereby they agree to
" frc(pient and hant ilk ane otheris house and companie as occasioun
sail offer and mister permit, ahiayis at sum spetiall tyme, ilk ane of tis
to spend aucht, tcne or tuell dayis in otheiis houses as salle pleis ather
off vs to apoint the other wi)one lauchtfull varning off ane monefli
befor ve sail meit, no excuiso except ane verray lauchfidl and veill
knawne caus to be admittit. The contravcnar salbe bund to pay the

235

penaltie off ane puntione of wyne, and to be ane brekar of trew freind- d^rsTMB
ship." Dated at Cullen, 12th' January 1605. ^sI/f11L)°'

99. Inventories of the jewels and clothes of Lady Anna Hamilton,
wife of Hugh, Lord Montgomery, afterwards seventh Eavl of Eglinton,
and mother of Lady Anna Montgomerie, who married James, third Earl
of Findlater, and was mother of Chancellor Seafield. The inventory
of jewels has already been given from the Eglinton Charter Chest
[Report X., Part L, page 35], but on this copy there are notes signed
by Lady Anna Montgomerie, aunt of the young huly, dated at Eglinton
24th February, 19lh June, and 18th November 16-16, stating that "the
bairin hes gotin out " and " my berin hes gotin out," certain rings, etc.,
there described.

In the " Inventar of the clothis and apparrell belonging to my Lady
Montgomerie the tyrae of hir ladyshipis deceis, sett doun the 24 of
October 16.32, are contained,- —

" Ane gryt nycht gonn of freisit cloth of gold.

" Ane waistcot of rid sattein imbroderit with gold, and imbroderit
slippes.

" Ane goun of cloth of gold, laid over with tevell of gold, and sam
gold buttonis, with kertill and stammager conformc.

" Ane blak dames goun, laid over with sylver tevell, with sleives,
sfariiager and kertill of quhyt satin, imbro<lerit with sylver, lynit with
incavnet tafBtie.

" Ane blak vroght velvet goun, laid over with gold lugit lace, with
kirtlU, sleives of cloth of tusehie, and slammager of ane stuff lyke vnto
tusche, laid over with gold lace.

" Ane pink colourit tabbie goun, laid over with sylver lace, with
kirtill, sleives, and stammager of the same conforme.

" Ane blak sattin gonn, flowrit with sylver and laid over with sylk
and sylver lace cutt vpoun tua taffiteis, with sleives, stammager, and
kirtill of the samyn conforme.

"Ane blak tabbie goun, floui-it with divers collouris of flowris, laid
over with blak lugit silk lace, with sleives, stammager, and kirtill of
cloth of sylver.

" Ane quhyt flourit taffitie nicht goun.

" Ane petticot of cloth of sylver, laid over about the taill with ane
dipe fringzie of sylver.

" Ane petticott of cramissie velvot, laid about the taill with aucht
gold lace.

" Ane waistcott of grein taffitio, wroght with pettie-point.

"Ane naipkino of quhyt holland cloth, wroght in cutt work with
gold and silk.

" Ane bairnes face cloth and collercloth, with ane bro<l gold perling,
and sum gold wroght vpoun the collercloth.

" Ane nicht pok of blew, imbroderit with gold.

" Ane rid skarlet ryding cott and hude, laid over with sylver lace and
sylver buttonis ; and ane pair of mittonis conforme.

" Ane imbroderit Bybill.

"Ane blew velvit saddill, laid over with sylver lace, and ane sylver
fringzie with all furnitour conforme.

" Ane approne of tifine, with sylver ribbin and sylver perline schowit
with sylver.

" Ane cuscheon cloth of cut work, with ribbin and perline.

" Fourtene ellis of flourit laffitie, blak cuUourit."

Seapibld.

236

Colt>'tes3 ^^^* Pi'ot^st by the undersigned peers and others against an act of

DowAGKK ov the Privy Council, taxing equally all the teinds within the kingdom of

. Scotland, as well those held by just and undoubted right, as those

aimed at by the Commission of Erections, which are moi'e questionable.
They are not unwilling to enlarge the King's patrimony by the
taxation of their teinds, but they are desirous that their good teinds
should not be prejudiced by being placed on a level with the others.
N"o date, but circa 1633. Signed by " Huntlye, Eglintouii, Wintoun,
Seafort, Blantyre, Burghly, Cranstoune, llamsay, Dcskfoord, Petsligo,
A. Gray, S. J. Grant, A. Falconer, fiar of Halcartoun, J. Neutoun,
Sir W. Sinclair of Cadboll, Patrik Bruce of Mevtovne, D. Pitciiirne
of that Ilk, J. McKenzie of Tarbat, W. Seton of Meldrum, Johne
Gordouue, Sinclair of Murkill, Robert Innes of Balvenj, William
Bruice, Jo. Cranstoune of Thorndykis, Johne Cranstoune of Skeddisbus,
T. Cromby of Kemnay," and another.

101. Discharge by George, second Marquis of Iluntly, to James,
Earl of Findlater, from whom he has received '* full satisfactione . . for
certane parcells of his Maiesteis armes and ammunitione delyvered
by me to Thomas Abercrombie of Skeith " in 1639. Dated 1st April
1644.

102. Licence ** by the Commissioners of the Parliament of the
Commonwealth of England for orderinge and managinge affaires in
Scotland," to the burgh of Cull en, to choose magistrates and officers
for the government thereof, " according to their former rites and
customes," their deputy having declared their " acceptance of the
tender" of the said Parliament, " to be incorporated into the Common-
wealth of England, and to be one therewith," and engaged to live
peaceably and in obedience thereto. In the exercise of their authority
the magistrates are to use " in all cases where formerly the name
or stile of kings hath bin used," that of " the Keepers of the Libertie
of England by authority of Parliament." Forms of the oaths to be
taken by every person elected to the magistracy, and by burgesses and
freemen are subjoined, and also a form of declaration to be subscribed
by idl electors before exercising the franchise. The first election is to
take place within fifty days of the granting of this licence, which is
dated at Dalkeith, 13th March 1651, and signed by 01. St. John,
Ri. Deane, Robert Tichborne, and R. Salwey.

103. Notarial Instrument narrating that certain of the magistrates
and burgesses of Cullen had gone to the mosses and muirs of the said
burgh, where James Hay of Rantis, Peter Gordon, natural sou to
Sir John Gordon of Park, and James Cock, elder and younger of
Ciirnoch, " accompanied with ane great many people of his llyenes frie
leidges with great tries and corne forkis, quhom they had convocated in
ane hostile way," had cast down the just marches of the said burgh,
*' quhilk wer erected by the old ancestors of tiie saidis magistrats of
Cullen sine ever it had ane bieing to be ane tonne, and incroatching
extreamlie vpon the just liberties of the said burgh " by setting up new
marches. These the magistrates of Cullen now cast down, thus making
civil interruption, but being threatened by their opponents with
hostilities, James Cock, younger, being girt with '-ane vnhiwfuU veapon
vpon his syde (called ane durkj," they took instruments. Dated
9th Angust 1656.

In a summons raised by the magistrates of Cullen against Hay of
lianues, and his associates, dated 29th October 1661, in connection

237

with this dispute, both the incident itself and a subsequent feud between corKTMs

Hay and the town is more fully narrated. Dowioer ow

Seapiblo.

104. Obliojation by John, Earl of Tullibardine, and Sir James
Ogilvie, principal Secretaries of State for Scotland, that seeing they
had granted a commission to Mr. Alexander Belshes, writer, in
Edinburgh, to be sheriff clerk of Midlothian for his lifetime, in
consideration whereof he had paid to them, equally between them, oOO/.
sterling, they for their respective halves thereof would refund the same
in the event of James Scott, the late sheriff-clerk, reducing their said
gift in the Court of Session, Belshes being accountable to them
meanwhile for the profits and perquisites of the office received by him.
Dated at Holyrood House, loth Sieptemljer 1696.

105. French letter. General Ogilvy to James, Earl of Seafield,
Chancellor of Scotland. That he had long desired to know about his
family in Scotland, and had now learne<l from Mr. de !Macky, lately
come from that country to the Imperial residence, how his lordship
held the office of Lord Chancellor there. His Majesty King Charles
had l)een please«l to honour his father, now deceased, " [kit une diplome
de nostre famille. Mais come dans la demicre guere des Burbars
Toriginal fit perdu dans les flames, que les Tourques ont estandu dans la
plus grande partie <le ce pais, vous me pauriez obliger infiniment, en me
procurant un autre de la meme sorte et signature, pour I'honneur de
nostre famille estranger dauc ce pais ici ; quoyque pour I'a present il j
ne soient que moy, mon fils uni^iue, qui est capitain dans le regiment de
Baden, et 4 de mes seurs dont il y a 2 dans les convants religieuse." He
hopes for an early reply. For the present he is in the service of his
Imperial Majesty. Dated at Vienna, 7th November 1703, and signed
"B. Fr. Ogilvy, M-" General."

IOC. Several pages of ciphers usetl in the State correspondence of
this perio<l, including tAvo of '^My Lonl Thesaurers Cypher'' (Earl of
Go<lolphin), the old one and " the new one " ; also " Mr. Johnstone's
Cypher," at the end of which is written, ♦' Direct for Mr. J, thus — For
Alexand'' Eraser, Haberdasher of Hatts at the Elephant at Charing
Cross, London." There is also "Mr. Weatherbumes Cypher," and
another called " Cipher C," this last being altogether of a mixed
numerical and hieroglyphic nature.

107. "A State of the Actings and Sufferings of the deceast John
Seton of Pitmedden, James and Sir Alexaniler Setons, his sons, for the
royal family, commencing from the beginning of the intestine warrs of
the kingdom of Scotland in the year 1638. Written by the said Sir
Alexander, and humbly offered to the right honourable the Earle of
Finlater, lord High Chancellour of North Britain, to be communicated
to the Queen's Majesty, as his lordship, after discoursing the Earl of
Mar, shall think convenient, who will concurr with his lordship and
shall have a copy of the same memoriall."

He narrates the particulars of his father's and elder brother's lives
and deaths, also of his own life (being now in his 7!»th year, and having
been born in 1635), and also about his mother, a daughter of Johnstone
of Elphinstone and second wife of James, first Earl of Hartfell. The
object of the narrative was to interest the Queen and procure pavraent
of certain arrears af salary due to him as a lord of Session before he
was deprived of that office in 1686. Circa 1714.

238

MSB. oj 108. List of the Faculty of Advocates in 1746, in duplicate, giving

DowAGBK^op t^G year of each members entry from 1692 down to 1746, with notes
Sbafield. against many of the names, e.g^.

Sir William Cockburn, T., old.
1699. Mr. George Douglas, W., fail'd.
1704. Mr. Charles Areskiue, W., old and fail'd.
1707. Mr. Thomas Menzies, Cuteraws, dead.

1710. Mr. David Walker, W., no lawyer.

1711. Sir Philip Anstruther, Clerk to the Bills, W., unfitt.
1716. Mr. David Rutherford, no lawyer, probably whig.

1719. Mr. John Erskine, senr., W. D. Carnock, said to be a

gentleman of great honour.
1726. Mr. George Sinclair, W., fit, brother to Steiuson.

These are but few or*^ /f ,'he list, which contains in all about 180
names; W. evidently dw;* /*."''ig, and T. Tory.

William Frasek.

239

I N D E X.

Abbotroul, co. Koxburgh, 65.

Abbot.*, their oath of allegiance to the

Pope, 6, 38.
Aberbrothock. See Arbroath.
Abercorn, Abircorne, lord of, 11.
Abercrombie of Skeith, Thomas, 236.
Abercroniby, Abercromv, Mr., 208, 210,

224.
Abcrdalgie, co. Perth, 5.
Abenleeu, 149, 182, 229.

archdeacon of. 232, 233.

letter to, 184.

Thomas, bishop of, 17.

William, bishop of, 232.

canons of, 26, 27, 38, 8.S.

and chapter of. •_':■■-

chancellor of, 2So.

chapter clerk, 2.VA.

chapter house, deed dated at, 233.

dean of, 233.

diocese of, 232.

duke of Cumberland's army at, 4S,

King's College, letter dated n*. ' '-

letter dat«.-d at, 226.

precentor of, 27.

succentor of, 233.

treasurer of, 27, 233.

the shire, 2.

sheriff of, 27.
Aberdeen, earl of, 116.
VlKTgeldie, laird of, 164.
Aberladj", barony of, 76.
Aberlemno, church of, 176, 18.3-185, 188.
Abernethj , deed dated at, 182.

provost of. See Schaw.
Abernethy, Abimeihy :

George, provost of Dumbarton, 21.

•James, 20.

Laurence, lord, baron of Plenderleith,
20.

sir Laurence, 4.

Oswald, 25.

William, lord, deed of, 21.
.Vbemethy of Kothimay, sir Laurence, 22.
Vliingtou. See Scott.
Abirbrothoc. See Arbroath.
Abiruethy. See Abernethy.
Aboyii, Aboyne:

Charles, first earl of, letter of. 111.

earl of, 1 69.

Abjssinia, 230.

Achesoun, John, huntsman of James VI.,

78.
Achincross, mill of, 62.
Achinlek. See Auchinlek.
Achintoul. See Gordon.
Adair:

Mr., 99.

William, minister of Ayr, 93.
Adams, captain, 114.
Advocate, the. See Lord Advocate.
Advocates, faculty of, 238.
Jklie, David, 149.
Africa, 53.

African Company. See Darien.
Aikenhcad, — , the business of, 103, 130,

131, 132.
Ailleme of Rcston, Gilbert, 83.
Aird, the, 138.
Aith, 125.
Alton, Hector, 135.
Aitton, — , his nmn Cluny, 167.
Akine, William, 138.
Alanson, William, 38.
Alatri, bull dated at, 37.
Albania, Roderick, bishop of, 188.
Albany:

Alexander, duke of, earl of March,
charters of, 66 (2).

.John, duke of, the regent, 28.

Kobert, duke of, the regent, 5.

earl of Fife and ^Icnteith, 15,

27, 179-182.

letters of, 179.

Albemarle, earl of, 116.
Aid Monros, lord of, 187.
Aid Koxburgh. .See Auld Roxburgh.
.\ldtonburne. See Altonbum.
Aldtoim, Roger of, 8.
Aldtownburne. See Altonbiun.
Alensone, John, bailie of Jedburgh, 18.
Alexander, King of Scotlaml, 177.
Alexander IV., Pope, bulls of, 37.
Alexander VI. (Borgia), Pope, bull of, 39.
Alexander, David, 76.
Alexander of Menstry :

James, 91.

William, afterward-s earl of Stirling,
91, 92.
Allan Water, 168.
Allardes, Mr., 224.
Alnwick, letter dated at, 150.
Altermony, laud of, 178.
Altonbum, Aldtownburne, Haletonbame,
Awtounbume, co. Roxburgh, lands oL
1, 2, 4, 8-12. See also Ker.
Alves, CO. Elgin, 49.

240

Alway, warrant dated at, 40.

Alwethe, 91.

A. M., letter signed, 113.

Ambassadors:

from France 180.

from Germany to England, 104, 172.

from Holland to England, 193, 220.

from Scotland to England, 34. See
also Bellendeu,
America, 1 13.

Amisfield, the family of 2, 5, 29, 30.
Anagni, bull dated at, 38.
Anande, Robert de, 177.
Ancbises, 230.
Ancrum. See Ker.

documents dated at, 33.
Anderson :

Al., letter of, 139.

James, author of Diplomata Scotie,
170.

— — Margaret his daughter, 169.

Mistress, King's printer, 135.

in Kello, liobert 85.
Androson, NVilliam, 21.
Angus, 67.

shire of, 117, 182.

sheriff of, 182.

Angus and Mearns, memorials of, 177,

19e.
Angus :

Archibald, earl of, 27, 28.

Margaret his wife, 28.

earl of, 7, 42, 66, 67, 119.

George, earl of, and lord Douglas of
Liddisdale and Jedburgh, warden
of the East and Middle JSIarches,
deeds of, 10, 19, 182.

Thomas Stewart, carl of, 181.

Margaret his daughter, 181.

William, earl of, 90, 105, 182.

William, Douglas, earl of, 24.

William, tenth earl of, in ward for
Roman Catholicism, 102.

letter of, lOG.

Anhalt, prince of, 123.
Anislie. See Ayneslcy.
Ankrem, Ankrum :

Agnes, 109.

Robert, 89.
Anna of Denmark, queen of James VI.,

61, 79, 93.
Annandalc, Vallis Anandie, lord of. See

Bruce, Dunbar, Ranulphi.
Annandale, earl of, 116, 119, 151, 218,
215.

letter of, 118.

marquis of, 200, 205, 206.

William, earl of, letter of, 134.
Anne, the queen, 61, 104, 155, 156, 158,
159, 162, 172, 191-194, 198-226,237.

letters, &c., of, 100, 194-196.

letters to, 220, 225.
Annexed Estates, commission for the, 229.
Anstriilher, rhilii>, 238.
Anthone, Robert, 75.

Antin, John of, the Pope's wrtcr, 176, 183,
184.

Antwerp, 53.

Anysle. See Aynesley.

Apostolic Chancellery, the. See Rome.

Appin men, 122, 166.

Arbroath, Aberbrothock, Abirbrothoc, 229.

abbott and convent of, 233.

Bernard, abbot of, the chancellor,
15, 178, 179.

charters dated at, 15, 178, 179.
Arbuthnot, — , 136.
Ardgour :

the current of, 166.

young, 166.
Ardnequerc. Sec Gossans.
Ardquhork. See Cossins, Little.
Are. See Ayr.
Areskine, Charles, 238.
Argyll, Argyle :

Archibald, marquis of, 33.

Charles, son of the earl of, 129.

Colin, earl of, master of the household,
17.

creation of dukedom, 59.

earl of, 116.

fourth earl of, 42.

ninth earl of, 103, 115.

tenth earl of, 122, 134, 139, 140, 141.

John, duke of, 163, 166, 168, 169,
192, 203, 205, 212-215.

commander in chief of King

George's forces in North Britain, 227.

letter of, 226.

letter to, 196.

lord high commissioner, 204-208.

marquis of, 82.
Aristotle, proverbs of, 95.
Arkiuholm, battle of, 3.
Armestrangis Park, co. Berwick, 70.
Armorial bearings, 95.
Armstrong :

captain, aide-de-camp to the duke of
Argyll, 169.

William, 75.
Armj, the, 201, 206, 215.

commissary of, 133.
Aruiston. See Dundas.

letter dated at, 110.
Arnold, justice, 141.
Aruot, Arnott :

captain, 169.

John, treasiuer depute, 79.

William, 79,

of Cartindoray, James, 80.
Arran, earl of, 116,
Asdaill, William, 29.
Ashley river, Carolina, 114.
Assintone, co. Berwick, 68.
Assize of Justice Eyres, office of the, 42.
Athole, 138, 208.
Athole :

earl of, 122.

arms of, 9.5.

.lohn, first duke of, 164, 192, 199,
202, 203, 225.

letters of, 219, 223. .

marquis of, 138.

Mornys, dukes of, 98.

241

Athole Paper?, the, 103, 137, 147.
Atkynson, Atkynsoun :

John, 67.

John, vicar of Morton, 19.

of Latharae, John, 65.
Auchinbnine, co. Ayr, 89.
Auchinbreck, laird of, 166. See also

Campbi'U.
Auchinbmme, 29.
Auchindown, deed dated at, 232.
Auchinleck, Achinlek :

James, 25, 27.

sir James, 22, 25.
Anchinmonoche, co. Ayr, Craftheid in, 89.
Auchinskowane. See Charteris.
Auchmilling, Over, co. Ayr, 89.
AuchnouL See Bellenden.
Auchterhouse. See Lyon.
Auchtertyre. See Murray.
Audenare [? Oudenarde], letter dated from

the camp near, 124.
Aaenel, William. See AvenelL
Auger, lieutenant-general, 123.
Augustinian Order, the, 183, 188.
Auld, John, 29.
Auldbar. See L^on.
Auldincraw. See Paxtoan.
Auld Montrose, 182.
Auld Roxburgh, 5, 14, 15.
Auldyncrau, John, 67.
Ausb'urgh, 203.

Aussonburgh, death of George 1. at, 228.
Avandale :

Andrew, lord, the chancellor, 3, 17,
27.

earl of. See Douglas and Avandale.
Avenar, John, 28.

Avenell, Auenel, WiUiam, 174, 179.
Avignon, bull dated at, 38.
Awtounburne. See Altonbum.
Ayneslev, Avnysle, A vnisle, Anysle^Anislie :

Henry, '21.

James, bailie of Jedburgh, 1 8.

John, iO.

John of. 8, 13, 18.

lord of Dolphington, 10, 14, 21,

28. '

Uchtir of, 10.

William of, 13.
AjT, Are, 77,96.

charter dated at, 67.

kirk session of, 93.

letter dated at, 134.

the county, 2.

commissioners of supply in, 134.

sheriff of, 62, 77.

sheriffdom of, 67, 89.
Ayton, Aytoun, So.

letter dated at, 109.
Ayton, laird of, his brother, 40.

Baden, regiment of, 237.
Badenoch, 163.

Alexander, lord of, 179-181.
Bagot, colonel, 49.
Bailie, Baillie :

master Bernard, parson of Lamington,

89.
captain, 135.
John, 89.

of Jer\-iswood, Geoi^e, 103, 121, 129,
195, 204.

letter of. 172.

his wife, Grisel Home, 104, 173.

letters of, 125, 126 (2),

172.
Baird, sir William, 53.
Balfour, Balfowr:
GiU)ert, 44.
Robert, 40.
Walter, 40.

of Powhous, David, 92.
Balgovny. See Sihbald.
Balinchois, co. Forfar, 182.
Balintore, Ballynchore, co. Forfar, Upper
I andNetl-er, 181.

Ballad, a s<:ditious, 55.
I Ballantrae, co. Galloway, 134.
! Ballnmby, lord of. See Lowell.
! Ballynchore. See Balintore.
, Balmereuoch, lor«l of, 108.
j Balmouttie. See Bosewell.
! Balmuir. See Keith.
i Balmukodv, Balmekedy, Balmocattie, co.

Forfar, '181-183.
; Balnaves of Halhill, Henry, 40.
! Balquhair. See Leslie.
1 Balvany, Balwany, lord of. See Douglas.

Balveni. Ste lunes.
1 Balye, Mariota, 72.
Baize, John, 29.
Banff:
j sheriffdom of, 234.

; teinds of, 23:>.

Banks, sir Jacob, 226.
Bannatyne Club, publications of the, 6,

39.
Bannockbum, 174, 175.
Barbados, 114.

Rirbary, captives in, 103, 130, 131.
Barboith, co. Ayr, 89.
Barbour, — , 1 74.

Barcare, John, bailie of Edinburgh,'22.
Bard:

Richard of, and his brother Fergus,

178.
sir Robert of, knt., 178.
Bardarroche. See Cathcart.
Barefoot, Magnus, king of Norway, 174.
Barclay:

sir George, 149, 150.
Thomas, 79.

y 78289.

242

Bargany, laird of, 40.

Barklay of Pearstoun, sir Robert, his son

taken in a Swedish ship, 136.
Barmure, teiuds of, 77.
Barnbougal. See Primrose.
Barningtoun, lands of, 40.
Barningtoun Leyis, 40.
Barnwell, kirk session of, 93.
Barro. See Hay.
Bartonpand. See Charteris.
Barrow, the tynt of, 44.
Barrowfeild, — , 1G9.
Bath, 222.
Bauld, Bartholomew, prebendary of Dun-

glas, 69.
Bearcrofts. See Munro.
Beaton :

James, arohbishop of Glasgow, 28.

archbishop of St. Andrews, 77.

Beaufort. .See Fraser.

Beaumont, lord, 53.

Beckwitii, brigadier, 50.

Begartis. .See Johnstone.

Belgone, co. Haddington, teinds of, 73.

Belhaven, Beill.aven, lord, 99, 104, 159,

200, 208.
Bell:

Adam, 44.
John, 42.
Bellenden, Bellentyne :

Christian, prioress of St. Catherine's

of Sienna, 6, 42, 43, 46.
sir James, and Margaret his wife, 6.
John, lord, 1.
Katherine, wife of Francis Bothwell,

70.
sir Lewis, ambassador to England, 7.

letter to, 45.

Thomas, director of chancery and

justice clerk, 6, 42,
master Thomas, the bishop of Dun-

keld's man, 42.
"William, first lord, 1, 6.
William, seventh lord, fourth duke of

Roxl)iirgh, 1, 5, 6.
Willihm of, 21.
Bellenden of Auchnoul :
Catherine, 60.

sir John, justice clerk, 5, 6, 40, 42,
43.

Barbara his wife, 6.

Bellenden of Stenhouse, Patrick, 44.
Bellenden Papers, the, 6, 42, 45, 46.
Belsches, John, 33.
Belses. See Haket.

Belshes, Alexander, sheriff clerk of Mid-
lothian, 237.
Beltoun. lord of, 63.
Bene, Richard, G7.
Benedict, or Bennet, James, bishop of

St. Andrews, 176, 186.
Benedict XIII., Pope, bulls of, 38.
Benedictine Order, monks of the, 149.
Bennet, Bennett :
James, 32.
William, 47.
William, parson of Ancruuj, 33.

Bennet — cont.

of Grubet, sir William, letters of,
53-55.
Benston, John of, 74,
Benthem, count of, 123.
Berkeley, sir David of, knt., 179.
Bemet of Methlak, Duncan, 233.
Bernham, David, elect of St. Andrews,
176.

, charter of, 185.

Bernishill, co. Roxburgh, 20.
Bertilmew, Thomas, 20.
Berttilmo, Vilzam, 44.
Berwick, the coimty, 102, 108,109,112,
114, 131.
commissioners to Parliament from,

107.
families of, 60, 82.
lord lieutenant of, 104, 163.
petition from gentlemen heritors of,

81.
sheriff of, 65, 85, 163.
sheriff court of, 84.
sheriff depute of, 78, 83, 84, 85, 90.
Berwick, duke of, 149.
Berwick-on-Tweed, 2, 34, 45, 65, HI,
131, 166, 167, 173, 178.
council or parliament at, 174.
letter dated at, 107.
mutiny designed at, 136.
postmaster of, 200.
Bethroule, 28.

Betshiel, Betschele, co. Berwick, 64.
Bible, the, 227.
Billie, Billy. See Ranton.
Bing, sir George, 160, 161.
Binning. See Hamilton.
Bishops, the English, 158.
Blacader, Blacater :
Adam de, 65.
sister Beatrix, 43.
the tutor of, 115.
Black, Mr., 200, 201.
Blackbarony. See Murray.
Blackbarronie, — , 111.
Blackden, Blakedene, Blakdene :
Christian, 2, 8.
William, 3.

charter of, 8.

Blackpool, Blackpule, co. Roxburgh, 11.

Blackwood. See Lawrie.

Blair, the muir of, 163.

Blair, Mr., 209.

Blair Athole, co. Perth, letter dated at,

223.
Blair-Drummond, — , 129.
Blairkip, 77.
Blairmallok, 77.

Blakdene, Blakedene. See Blackden.
Blakhall, — , 44, 167.
Blaknes, 11, 12,20.

Blanerne, Blenhern, co. Roxburgh, 65, 67.
Blareschenocht, 233.
Blasonberry, viscount of, 97.
Blerak. See Ogilvic.
Boharm, 230,
Boithwell. See Bothwell.
Bolbeche, Walter of, 6.

243

Bolbent, the, co. Eciburgh, 22.
Boldane, Bolden. See Bowden.
Bolingbroke, lord, 56.
BoltoD, CO. Haddington, 64.
Bondington, William of, bishop of Glasgow,

37.
Bongedward. .See; Douglas.
Bonimoone, — , 111.
Bonkill, CO. Berwick :

barony of, 78.

mains of, 78.

regalitj of, 65, 67,

bailie of, 78.

Bordeaux, Burdeaux, 115, 136.
Borgia. See Alexander VI.
Borthwick Castle, 165.
Borthwickshiels, Borthwykescheljs, co.
Roxburgh :

lands of, 2, 4, 11-13, 17.

deed dated at, 13.
Bosewell of Balmouttie, 164.
Bothmar, baron, 227.

Bothwell, Bothel, BothvUe, co. Berwick,
19.

barony of, 70.

deeds dated at, 16,21.

provost of, C3.
Bothwell, Boithwell :

Adam, 70.

Adam, bishop of Orkney, 60.

Francis, dean of Edinburgh, 42.

master Francis, and Katherine his
wife, 70.

James [Hepburn], earl of, 3.

his marriage with Mary queen

of Scots, 60.
Bowden, Bolden, Boldane, co. Boxbargb,
19.

barony of, 19.
Bowehill, — , 167.
Bowmont, lord, 54.
Bowmont Water, Bowbentis, co. Roxburgh,

21.
Bowue, CO. Berwick, barony of, 70.
Bowshell, land of, 90.
Bowstoune, Bowtoun, letters dated at, 102,

105.
Boyd, Boyde :

Robert, lord, 3, 14, 17, 27.

sir Robert, knt., 177, 178.

of Kelburne, lord, warrant for his
patent, 59.
Boyl, Boyle, Boyll, Bovlle :

HarrA-, H6.

James, provost of Irvine, 115.

lord, 217.

Mr., 172.

secretary, 210.
Boyne. See Ogilvie.
Brady, Gawin, vicar of Kippen, 15.
Bradyardis, lands of, 69.
Braehead, 49.

Brae-Lochaber, Brey Lochaber, 142, 144.
Braemar, 163, 164.
Braid. See Dick.
Brancar, Monsieur, 123.
Brand, James, 76.

Branxhaim, Branxholm. See Scott.
Breadalbane, Broadalbin, earl of, 116,

123, 128, 143, 146.
Brechin, bishop of. See Crannok, Schoris-
wood-

Patrick, bishop of, chancellor of
Scotland, 26, 175,187.

letter of, 187.

Brice, Briccius, judge, 1 83.
Bridge of Spey, 231.
Britannic Legion, the, 51.
Broadalbin. See Breadalbane.
Brochtoun. See Bronghton.
Brodie, lah-d of, 134, 144.
Broglio, marshal, 50, 51.
Brougham, Henry (afterwards lord chan-
cellor), 57.
Broughton, Brochtoun, near Edinburgh, 1,

6, 20, 76.
Broughton, lady, 46.
Brounfield. See BrownfieJd.
Brown, Broun, Browne :

baillie, 133.

Finlay, 29.

James, 29.

John, 21,29.

Patrick, 29.

Robert (1432), 22.

Robert (1516), 28.

Robert (1715), 165.

Thomas, 20.

William, 21.

William, bailie of Jedburgh, 18.
Brownfield, Brounfield, Bruntfield : -

Elizabeth, wife of Jasper Graden, 8o.

Patrick, 68.

of Hardaikers :

Adam, 78, 85, 90.

Alexander, 78, 90.

Andrew, 90.

Nicholas, 78, 90.

in Tenandrie, John, 85.

in Whiteside, Stephen, 85.
Brownhills. .See Haitlie.
Broxfield, co. Roxburgh :

barony of, 13.

manor in •' le Fluris " within,

document dated at, 13.
Broxmouth, 47, 188.

documents dated at, 33, 34.
Bruce, Bruice :

Mr., 200, 201.

Mr., of Abyssinia, 230.

Robert. See Nairne.

William, 236.

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Full text of "The manuscripts of the Duke of Roxburghe; Sir H.H. Campbell, bart.; the Earl of Strathmore; and the Countess Dowager of Seafield .."

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