PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY SECOND SERIES V O L. XI LETTERS RELATING TO SCOTLAND IN THE REIGN OF QUEEN ANNE BY JAMES OGILVY FIRST EARL OF SEAFIELD, AND OTHERS November 1915 LETTERS RELATING TO SCOTLAND IN THE REIGN OF QUEEN ANNE BY JAMES OGILVY, FIRST EARL OF SE AFIELD, AND OTHERS Edited by P. HUME BROWN, M.A.. LL.D. FRASER PROFESSOR OK ANCIENT (SCOTTISH) HISTORY AND PALAEOGRAPHY, HISTORIOGRAPHER-ROYAL FOR SCOTLAND EDINBURGH Printed at the University Press by T. and A. Constable for the Scottish History Society 191 5 DA 15b . SzS" v II . °CT 21 1.971 465065 CONTENTS PAGE INTRODUCTION, vii I. Letters of James Ogilvy, First Earl of Sea- field, Lord Chancellor of Scotland, . 1-110 II. Letters of James, Fourth Duke of Hamilton, 111-117 III. The First Causes of Scotland's Divisions, by Lord Tarbat, ...... 118-13.3 IV. Letters of John Murray, Second Marquess. afterwards Duke of Atholl, Keeper of the Privy Seal of Scotland, . . . 134-141 V. Letters of Robert Harley, Speaker of the House of Commons, afterwards Earl of Oxford, 142-148 VI. Letters of Lieut.-General George Ramsay, . 149-151 VII. Letters of David Melville, Third Earl of Leven, afterwards Second Earl of Mel- ville, Commander-in-Chief in Scotland, . 152-158 VIII. Letter of Sir George Mackenzie, First Earl of Ckomartie, Lord Justice-General of Scot- land, 159 IX. Letters of Charles Montagu, First Lord, AFTERWARDS EARL OF, HALIFAX, . . . l6*0-l63 vi CONTENTS PAGE X. Letters of Adam Cockburne, Lord Ormistoux, Lord of Session, and afterwards Loud Justice-Clerk, ...... 164-169 XL Letters of Hugh Campbell, Third Earl of Loudoun, Secretary of State in Scotland, 170-172 XII. Letter of Thomas Hay, Viscount Dupplin, afterwards Sixth Earl of Kinnoul, . . 173-174 XIII. Letters of John Erskine, Eleventh Earl of Mar, Secretary of State in Scotland, . 175-177 XIV. Letters of David Boyle, First Earl of Glasgow, 178-184? XV. Letters of Alexander Rigby, . . . 185-189 XVI. Coppies of Papers signed and delivered by James JVLDaniell to His Grace the Duke of Argyl, . 190- 199 INDEX, 201 INTRODUCTION I The majority of the letters contained in the present volume relate to the years 1702-1707. The period is a momentous one in the national history, as it saw the be- ginning and the end of the negotiations that resulted in the abolition of the National Assembly of Scotland and its incorporation with that of England. As throwing fresh light on these negotiations the letters here brought together may be said to be of prime importance. They were all written by persons who took a leading part in the successive proceedings which led up to the union of the two Parliaments, and written at the moment and on the spot when and where the events to which they refer actually occurred. The writers, moreover, were all men of ability and experience, and possessed the faculty of saying briefly and clearly what they had to communicate. The letters as a whole, indeed, bear favourable comparison with those of English statesmen of the same period, and confirm the impression we receive from other sources that, as an order, the Scottish nobility were an accomplished body of men. The greater number and the most important of the letters were written by James Ogilvy, at the time when he wrote them, first Earl of Seafield, and subsequently fourth Earl of Findlater. In his Introduction to the Seafield Correspondence, edited by him for the Scottish History Society, Mr. James Grant has given a full ac- count of the Ogilvy pedigree; here, therefore, it is sufficient viii INTRODUCTION to recall the main facts of Seafield's life. He was born on July 11, 1663, and was the second son of James, third Earl of Findlater, and Lady Anna Montgomery, eldest daughter of Hugh, seventh Earl of Eglintoun. After receiving the elements of his education under a private tutor, he was sent, at the age of twelve, to the University of Aberdeen, where he studied for three years. His parents wished him to enter the army, but, from all we know of him, Seafield was born a man of peace, and he preferred the law as more congenial to his natural temper. After a brief stay in Holland (1683), he settled down to his legal studies in Edinburgh, and was admitted advocate in 1685. At the Revolution he was elected to the Convention Parlia- ment as Commissioner for Cullen, and his political career began. It seems to have been Seafield's maxim from the beginning of his public life to accept the powers that were and, in his own interest, to serve them to the best of his ability : in his letters it is his constant refrain that he considered it his sole duty to give effect to the wishes of the authorities by whose grace he held such offices as he did. In the Convention he signalised himself as one of the five members who dissented from the ' forfaulture ' of James vn., yet, in the same year (1689), he took the oaths to William and Mary and received from them the honour of knighthood. His services and his family con- nections secured him rapid promotion. In 1693 he was made Solicitor-General ; in 1696 joint-Secretary of State ; and in 1698 he was created Viscount Seafield and Lord Ogilvy of Cullen. The last years of the reign of William in Scotland were agitated by the affair of Darien, and Seafield's attitude to it affected his future estimation in public opinion. It was in accordance with his prin- ciples that he opposed the enterprise as being disapproved by William, but we may believe that, with his cold and luminous intelligence, he may have recognised its futility INTRODUCTION ix from the beginning. Hitherto popular among his country- men, his opposition to the venture to which the nation had so passionately committed itself stamped him as one who was ready to sacrifice his country's interests for favour at Court. On the other hand, his services to the Crown secured him still further honours. In 1700 he was ap- pointed Lord High Commissioner to the General Assembly — at that time a post of peculiar difficulty and responsi- bility — and in 1701 he was created Earl of Seafield — holding all the time the office of conjunct-Secretary of State. William was succeeded by Anne in 1702, and, as her English advisers decided that there should be no immediate change of policy, Seafield was re-appointed Secretary. In the same year (November) he received the office of Lord High Chancellor of Scotland, and in March 1703 he again acted as Lord High Commissioner of the General Assembly. It is at this point of his career that his letters here collected begin. Two character sketches of Seafield — neither drawn by a friendly hand — may indicate the general impression he made on his contemporaries, and exhibit, at the same time, the line of policy he followed in Scottish affairs. The first is by George Lockhart of Carnwath, the arch- Jacobite of the time, for whom Seafield incarnated every political principle deserving of reprobation. In Lockhart's eyes Seafield had committed the unpardonable sin of first sup- porting the House of Stewart and then deserting it, and it is, therefore, with the writer's prejudices in our minds that we must take his estimate of Seafield' s character and career. ' In the Convention 1689 he [Seafield] was much taken notice of by reason of a speech he made against the for- feiting of King James : but he did not long continue in these measures ; for, by William Duke of Hamilton's means, he was made solicitor to King William, and enjoy'd that office several years ; during which time he prosecuted X INTRODUCTION his employment to good purpose, and made a fair estate. In the year 1696 he was call'd to Court to be one of King William's secretaries of state : and indeed it must be own'd he serv'd him very faithfully, consenting to and going alongst with any thing- demanded of him, tho' visibly against the interest of his country, and trimm'd and trick'd so shamefully in the affair of Darien. that he thereby, from being generally well belov'd. drew upon himself the hatred of all who wished well to that glorious undertaking. He was believ'd to be of loyal enough principles, but had so mean and selfish a soul, that he wanted both resolution and honesty enough to adhere to them : which evidently appear d from his changing sides so often, and cleaving to that party he found rising. People were willing to excuse, at least extenuate, his first faults, because of the lowness of his worldly circumstances ; but after he had raised them to a considerable height, and had a fair occasion of retrieving his reputation, when he joined with the Cavaliers [the Jacobite party] in the Parliament 1703, to leave them so basely and meanly as he did, is altogether inexcusable. 1 He was finely accom- plished ; a learned lawyer, a just judge ; courteous and good-natured ; but withall so intircly abandon' d to serve the Court measures, be what they will, that he seldom or never consulted his own inclinations, but was a blank sheet of paper, which the Court might fill up with what they pleas' d. As he thus sacrificed his honour and prin- ciples, so he easily deserted his friend when his interest (which he was only firm to) did not stand in competition. He made a good figure, and proceeded extremely well in the Parliament and Session, where he dispatch'd business to the general satisfaction of the Judges.' 2 1 Seafield's relations to the Jacobite party in the session of 1703 are explained in hi.- letters that follow. • The Lockhart Pilfers, vol. i. pp. 52-3 (London, 1 S 1 7>. INTRODUCTION XI The other characterisation of Seafield is by John Macky, a Government agent and deep in the political machinations of the time, and was written in 1703 — the year when the letters begin. ' He [Seafield] is a gentleman of great knowledge in the civil law and the constitution of that Kingdom [Scotland] ; understands perfectly well how to manage the Scots Parliament to the advantage of the Court. That and his implicitly executing what pleased King William without ever reasoning about it established him very much in his Majesty's favour, but his joining with an English Secretary to destroy the Colony of Darien lost him extremely with the people. He affects plainness and familiarity in his conversation, but is not sincere ; is very beautiful in his person, with a graceful behaviour and a soft tongue, not forty years old.' 1 From these two estimates of Seafield and from other contemporary references we may infer what were his salient characteristics as a statesman. As to his gifts and accomplishments, his tact and his powers of patient persistence, there is unanimous testimony. There is equally concurrent agreement regarding the principle that actuated his public life ; it was to do his utmost for whatever government he served and to make himself an indispensable public servant. His contemporaries put their own construction on his motives, but from the mass of his own correspondence, more voluminous than that of any other Scottish statesman of the period, we are in a position to form our own estimate of his character and aims. His temper was essentially conservative ; he was incapable of a passionate and one-sided devotion to a cause like Lockhart, and he was equally incapable of conceiving, like Fletcher of Saltoun, that in a particular 1 Memoirs of (he Secret Services of John Macky, Esq., during the Reigns of King William, Queen Anne, and King George I., p. 182 (London, 1733). xii INTRODUCTION form of government could be found a panacea for all human ills. Men and things he saw in the dry light of intellect, and he was of the class of statesmen who, in Dryden's words. 4 neither love nor hate.' II The letters of Seafield here printed are in four groups, and relate to the affairs of sessions 1703, 1704, 1705, and 1706 respectively. As in these successive sessions new ministers were entrusted with the management of parlia- mentary business and new measures came up for their consideration, something may be said by way of intro- duction to the several groups into which the letters are divided. At the accession of Queen Anne a grave constitutional question arose in Scotland. The representative body existing at the death of William m. was still that Con- vention which had been returned at the Revolution in 1689. By a large section of the community, even during William's life, it was contended that the Convention had ceased to represent the wishes of the nation, but on Anne's accession there was a more serious objection to its con- tinuance as a representative body. By an Act of William's reign (1696), similar to one passed by the Parliament of England, it had been declared that the existing Parliament should meet twenty days after the king's death, should not sit for longer than six months, and that its powers should be restricted to measures for the conservation of Church and State. William died on March 8, 1702, and the Con- vention did not meet till June 9, three months later. On the first day of the session James, Duke of Hamilton, re- presenting the Country Party, which in the reign of William had distinguished itself by its opposition to the Court, formally protested against the legality of the Conven- INTRODUCTION xiii tion ; and at the head of fifty-seven members. 1 left the House. Three sets of documents in the present collection directly bear on the crisis that thus arose. In the letters of Hamilton (pp. 111-117) we have a record of the attempt made by him and his party to procure the dissolution of the Convention and the election of another representative body. With this object an address, signed by the leaders of the Country Party, was sent to the Queen under the charge of William Keith. younger, of Ludquhairn. Keith's orders were to present the address to the Queen in her own drawing-room and to read it to her before putting it into her hands. What is interesting is that Hamilton had previously endeavoured to secure the interest of Anne's favourite, the Duchess (then the Countess) of Marlborough. Doubtless instructed by her minister, Godolphin. who had not yet decided whether it was more politic to sanction a new election in Scotland or not. Anne point-blank refused to receive the address. The Convention concluded its sittings on June 30 ; and it devolved on Anne's English ministers to determine whether it should meet again or another representative body should take its place. In England, the Whig Parlia- ment of William had been dissolved on July 2. and in the election that had followed Tories had been returned in the proportion of two to one. This result was highly satis- factory to Anne and her English advisers, but in their ignorance of the state of public opinion in Scotland they could have no certainty that a similar result would follow an election in that country. A letter of Harley (Speaker of the House of Commons) in the present volume (pp. 142-143) throws some light on the situation. Harley and the Earl of Nottingham, the English Secretary of State, it may The number of the seceders is variously given. xiv INTRODUCTION be said, were the two of Anne's English advisers who were chiefly charged with the affairs of Scotland. From Harley's letter it appears that Queensberry, who after the rising of the Convention had gone to London, was strongly opposed to a new election. The grounds of his opposition were that the Convention had voted sufficient supplies for the maintenance of the Forces in Scotland till 1704, and that it was impossible to predict what would be the result of a general election at that time. By delaying an election for another year the nation might settle into a calmer state of mind, and its result might be anticipated with greater confidence. In these contentions, Harley says, Queensberry was supported by the Presbyterian Whigs who dreaded the return of a Parliament hostile to the religious settlement effected at the Revolution. Harley himself was uncertain what advice to give Godolphin, but Nottingham, a strong Tory, favoured the dissolution of the Convention and a new election which,' if a Tory majority were returned, might further strengthen the Government. Crodolphin adopted the counsel of Notting- ham, and the order was issued for a new election the first that had taken place in Scotland for fourteen years. As was the practice of the time, the Government used all the influence at its command to determine the result of the election in its own favour. Scafield. whose fidelity to his employers was well known, was sent down to Scot- land specially charged to do his utmost to secure a majority favourable to the Government's policy. In spite of all his efforts the result was neither what he expected nor desired. In the Convention there had been two main parties : the party that generally gave its support to the Govern- ment, and the Country Party, led by Hamilton, that generally opposed it. In the newly elected body there appeared a third party variously designated the I^piscopal, the Cavalier, or the Jacobite party, whose objects were the INTRODUCTION restoration of the exiled Stewart, and, as a consequence, the re-establishment of Episcopacy. While the party led by Hamilton was so reduced in numbers that Seafield considered it negligible, the Presbyterian Whigs, on the other hand, received an accession to their numbers. It is in connection with this state of parties that we must read another set of documents in this volume — those written by Viscount Tarbat (pp. 118-133). Tarbat had been appointed one of the Secretaries of State for Scotland in November 1702, and the documents in ques- tion are dated 1703. They are three in number. The first, entitled ' A Short Account of the first Causes of Scotland's Divisions,' is a sketch of Scottish history since the Reformation from the Tory point of view, of which the conclusion is that only the Tories could be trusted to give loyal support to the Crown. The second paper, 4 The present State of the Scots Divisions,' explains from the writer's point of view the principles and aims of the different parties with which the Government had to reckon in its dealings with Scottish affairs, and the third is a statement of the comparative influence of the leading- Scottish families, with suggestions as to the best method of dealing with them. All three papers are addressed to the Queen, and were meant for the guidance of her ministers who were responsible for the administration of Scotland. 1 The new Parliament met on May 6, 1703, and all parties were aware of the momentous issues that depended on its action. Here it is only with the part played by Seafield that we are concerned. Though Queensberry had been re-appointed Lord High Commissioner, it was apparently to Seafield that Godolphin looked for the successful manage- ment of Parliament in the interest of the Government. 1 In Lockhart's opinion Tarbat was not a satisfactory Tory. 'Never,' he says of him, 'was there a more fickle, unsteady man in the world' ( Op. cit., P. 74). b XVI INTRODUCTION There were two main objects which the Scottish ministers were to do their best endeavour to accomplish. The one was the legalising of the late Convention — a prime necessity since it was by the sanction of that assembly that Anne was sovereign of Scotland. This measure was carried with little difficulty, as no party except the extreme Jacobites had any interest in opposing it. It was otherwise with the matter of supply, and it was in connection with the contentions that arose regarding the granting of it that Seafield was able to do what he considered his greatest service to the Government. The withholding of supply- was the only means of reminding ministers in England that Scotland was an independent kingdom and of forcing the Queen's sanction of measures which were considered in Scotland's interest. By the great majority in the new Parliament it was regarded as an insult to the nation that in the Act of Settlement of 1701, which devolved the Crown on the Electress Sophia and her heirs, the English Parlia- ment left Scotland out of account, though she had an equal stake at issue. It was the fixed resolve of this majority, therefore, to bring home to the English ministry that wScotland had independent interests, which were not to be ignored if the Crowns were to remain united. The tactics they adopted to effect their object were to refuse supply till the Queen gave her sanction to the menacing Act of Security which was to have such decisive results on the future relations of the two countries. By the terms of that Act. it may be recalled, the Estates, twenty days after the death of the reigning sovereign without issue, were to name a successor who should be at once a Protestant and a descendant of the house of Stewart. Supported as the Act was by an overwhelming majority of the House, the Ministry was impotent to prevent its pass- ing, unpalatable as it was to Anne and her English advisers. The Act itself was a sufficiently formidable menace to INTRODUCTION England, but there was a grave risk that certain clauses should be embodied in it which would have essentially changed its character. These clauses were the ' limita- tions ' proposed by Fletcher of Saltoun which would have so curtailed the privileges of the Crown that, at Anne's death, Scotland would virtually have become an indepen- dent republic. It was Seafield who had the chief merit of preventing the inclusion of these clauses, and his letters indicate how he did so. As the result of the late election, Seafield was aware that he could depend only on a minority to give un- deviating support to Godolphin's Scottish policy. The Whigs, who were in a great majority, would, he knew, be recalcitrant, and his only hope of managing the House was to secure the assistance of the Tories. To effect this object he advised a step which was attended with some risk ; by his advice, against that of Queensberry, the Marquis of Atholl was appointed to the office of Lord Privy Seal. The risk lay in Atholl's personal character and his dubious political sympathies. Atholl had con- curred in the Revolution and had held office under William, but Lockhart, who had opportunities of knowing, avers that his sympathies were secretly with the Jacobites, and in point of fact, he was subsequently (1708) put under arrest on suspicion of being in correspondence with the Court of St. Germains. 1 Doubtful in his political leanings, he was ; of a very proud, fiery, partial disposition/ 2 and at every turn he required delicate management. That Seafield had his difficulties with him frequent expressions in his letters prove, but he had a purchase over him which effectually held him in check when he was disposed to be refractory. Atholl had petitioned for a dukedom, and the dukedom was promised him, but on the understanding that it was not to be granted till the close of the session. In 1 See below, p. 141. 2 Macky, op. ctt., p. 184. xviii INTRODUCTION one of his letters Seafield testifies to the good service that Atholl had done to the Government : 4 1 doe atest,' he writes, ' that his concurrence does signifie verie much for the Queens service, and I hope he will continue to use his influence faithfulie and I doe belive that, if it had not been that I have pleased him and taken measurs with him and the Cavilier Partie, they had been prevailed on to join with the opposers, and so ther had been no possibilitie of earring her Majesties affairs ' (p. 8). The special service performed by Atholl for the Govern- ment was precisely to secure the Tory vote, and thus decisively assist in excluding Fletcher's 4 limitations ' from the Act of Security. How, though he had in the past identified himself with the Whigs, he was in a position to do this, Lockhart sufficiently explains. ' He [Atholl],' Lockhart writes, ' was of great significancy to any party, especially the Cavaliers, because he had a mighty power, and when upon a loyal bottom could raise 6000 of the best men in the Kingdom, well armed and ready to sacrifice all they had for the King's [James's] service.' 1 In check- mating Fletcher with the aid of Atholl Seafield was fully aware that he had achieved a political stroke of the first importance. The Act of Security in itself was highly objectionable to Anne and her English ministers, and it was only out of dire necessity that Godolphin eventually advised her to sanction it. Had the limitations been embodied in the Act, however, in no circumstances could Anne have consented to it, and the result would have been a deadlock between the two kingdoms, which, in all pro- bability, would have resulted in civil war. Ill The letters of Seafield in the second group, relating to the session of 1704, are only two in number and are un- 1 Op. cit., p. 73. INTRODUCTION xix important. During that session he still retained the office of Lord Chancellor, though in association with another body of colleagues. Following the session of 1703 there had occurred a sensational event which had occasioned the fall of Queensberry's ministry and a temporary change in the relations of parties. This was the Queensberry Plot, or, as it was called in England, the Scots Plot, revealed by Simon Lovat to Queensberry, and incrimin- ating men of all parties — Seafield, Hamilton, and Atholl among others. As the representative of royalty in Scot- land, Queensberry communicated the Plot to the Queen, and the result was a furious protest on the part of the persons accused, which made Queensberry's retention of office impossible. A new body of Scottish officials being thus rendered necessary, Godolphin had to choose from the party leaders who of them would be most likely to carry an Act on which he had set his heart as the most desirable in the interest of both kingdoms. By this Act, if it were passed, the Scottish Crown would be settled on the Electress Sophia and her heirs, and thus Scotland and England would be assured of the same succession. In the ranks of the Country Party Godolphin found the men who were willing to make the attempt to carry the measure. The chief of them were the Marquis of Tweeddale, the Earls of Rothes and Roxburgh, George Baillie of Jerviswood and Sir James Stewart, the Lord Advocate — the last of whom was at this time Godolphin' s chief adviser in Scottish affairs. Under the new set of officials, Tweeddale being Lord High Commissioner and Seafield Lord Chancellor, the Estates met on July 6, 1704. The new ministry had confidently hoped to carry an Act of Succession, but the Parliament had hardly sat before they discovered that they had completely misunderstood the mind of the House. From the first the measure had never a chance of being passed, and the relations of the two kingdoms were to be 62 XX INTRODUCTION adjusted on another basis — by a union of the two Parlia- ments which carried with it the settling of the succession. This was a rude blow for Godolphin, but in the same session the Estates took Other action which placed him in a grave dilemma. Before they would grant supply, they insisted that the Act of Security, which had been passed the previous year, should receive the Queen's sanction, and, as the least evil of two alternatives, Godolphin ad- vised her to give it. Thus the Tweeddale ministry had failed to accomplish the object for which it had been chosen. 1 Before the Parliament rose (August 26) there hap- pened an event which was to have a result similar to that of the Queensberry Plot. It was the well-known affair of the seizure in Leith Roads of the English ship the Worcester, commanded by Captain Thomas Green. Detained in prison on the charge of murdering the crew of a Scottish vessel, the Speedy Return, he and his crew were finally tried on March 14, 1705, by the Court of Admiralty and all were found guilty except one. During the long interval between their arrest and their trial the relations between the two kingdoms were strained to a point that threatened civil war, and it was the charge against Tweeddale and his supporters, now known as the New Party, that they had deliberately fanned the flame in Scotland in order to regain the popularity they had lost by their support of an Act of Succession. By their failure to carry this Act and their conduct in the affair of Green and his crew, the leaders of the New Party had made it difficult for Godolphin to maintain them in office though he was loth to part with them as being the men who had endeavoured to give effect to his own policy. Tweeddale, at least, was impossible as Lord 1 The Letters of Atholl, Ramsay, Leven, and Harley refer to the events of the session of 1704. INTRODUCTION xxi High Commissioner, and another had to be found to take his place. The man chosen was John, second Duke of Argyle, a youth of only twenty-four, but, as a Presby- terian Whig and the descendant of a house canonised in Presbyterian memories, likely to have the support of the majority in the existing Parliament. Argyle was ap- pointed Commissioner in March 1705, and in that month our third group of Seafield's letters begins. They form the most important body of his correspondence in the present volume, and, taken together with the recently published letters of the Duke of Argyle, 1 present the most valuable information we possess regarding the proceedings of a parliamentary session which, as the event proved, were to determine the future relations of the two kingdoms. Concerned with the business of the same session are the letters of Charles Montagu, Lord Ormiston, the Earl of Loudoun, and the Earl of Glasgow, also contained in this volume. A few words will explain the conditions under winch the session began, the relations of the various parties, the nature of the measures before the House, and the parts played by its most prominent members. Argyle had accepted theCommissionership under one con- dition — that the New Party should be discarded. To this condition Godolphin demurred, for, as has been said, that party represented his own views regarding the most ex- pedient policy for establishing satisfactory relations between the two countries. Moreover, the men upon whose support Argyle would have mainly to depend in the coming session were not all of one mind as to the prudence of ousting the New Party. Notably Seafield, as his letters to Godolphin show, was strongly of opinion that the assistance of that party was indispensable if the measures with which Argyle was charged were to receive the sanction of the House. 1 Intimate Society Letters of the Eighteenth Century, edited by the Duke of Argyll* (London, 19 10). xxii INTRODUCTION In the end, however, Argyle had his way ; the New Party was dismissed and he was left at liberty to form his own ministry. The Earls of- Loudoun and Annandale were made joint-Secretaries, the Earl of Glasgow Treasurer- Depute, Queensberry Lord Privy Seal, and Seafield retained his office of Chancellor. The Ministry thus formed, the next question was what measure was most likely to find favour with the House. There were but two measures, Argyle told Godolphin, between which he must choose : the one was the settle- ment of the succession on the House of Hanover, the other the passing of an Act authorising the appointment of a commission to treat of a union of the two kingdoms. Of the two, the first, he said, was the more desirable, the second the more likely to pass. The majority of Argyle' s colleagues, however, were of a different mind ; six being in favour of a treaty and only two in favour of the suc- cession. With a ministry thus divided, it was hopeless to expect favourable issues from the coming session. Accord- ingly the following device was adopted by Argyle and his colleagues as a method of reconciling their differences. They prepared two drafts of a royal letter, in one of which a treaty of union was put first, and in the other the suc- cession, and it was left to the Queen and her English advisers to choose between them. In accordance with his own policy, Godolphin chose the second alternative, with the suggestion, however, that, should it be found im- possible to carry the succession, the attempt should be made to carry the treaty. By this arrangement the con- tinuity of the royal policy was at least maintained, as in the preceding session it had been the charge to Tweeddale as Commissioner to obtain, if possible, an act settling the succession on the House of Hanover. The varying fortunes of the session may be followed in Seafield' s letters, but its general course may here be briefly INTRODUCTION xxiii summarised. The House sat on June 28, and the session had not well begun before it was discovered that the passing of an Act of Succession was as hopeless as in the previous year. There was no alternative, therefore, but to fall back on the other Government measure— the passing of an Act for the appointment of commissioners to treat of a union of the Parliaments of England and Scotland. The bill for this object was introduced on July 20 by John, Earl of Mar, afterwards the leader of the rising of 1715, but it was not seriously taken in hand till the last week of August. It was in the teeth of strenuous opposition that the bill was eventually carried — the main contention of its opposers being that it would be a national disgrace to treat with a nation whose representative assembly had passed the Alien Act. 1 Only on one condition, they insisted, would they consent to the passing of the bill — the insertion of a clause making it imperative that the Alien Act should be rescinded before negotiations for a treaty began. The ministers were rescued from their difficulty by one of their own number — the Duke of Queensberry, who now held the office of Lord Privy Seal. Queensberry adroitly suggested that, in place of inserting a clause which would in all pro- bability frustrate the object of the bill, the House should direct a special address to the Queen in which she should be told that the action of her English Parliament was insulting to Scotland. Queensberry' s motion was carried, but there still remained a crucial question on which the House was passionately divided. Now that it was decided that commissioners to treat of union were to be appointed, what authority was to have the appointment of them ? Was it the Queen or the Estates ? In his private in- 1 The English parliament had passed the Alien Act as a reply to the Scottish Act of Security. It enacted thai all Scotsmen, except such as were settled in England, should be treated as aliens ; that no horses, arms, or ammunition should be supplied from England to Scotland ; and that Scots cattle, linen, and coals should be excluded both from England and Ireland. XXIV INTRODUCTION structions Argyle had received stringent injunctions that he was to strain every effort to secure their nomination by the Queen. The natural objection to giving the Queen the choice was the risk that commissioners unduly favour- able to England would be appointed. The contest was long and bitter, but the ministers found an unexpected ally. At a late hour, after a prolonged sitting, the Duke of Hamilton, to the indignation of his followers, rose and moved that the nomination should be vested in the Queen. The motion was carried, and the first all-important step was taken towards a treaty of Union. IV The last group of Seafield's letters relate to the session 1706-1707 in which the treaty of union was passed. In April 1706. the Commissioners chosen to represent the two king- doms met at Whitehall, and after sitting for nine weeks, drew up the twenty-five articles which were to be the basis for a treaty of union. As it was anticipated that they would meet with most opposition in the Scottish Parlia- ment, it was arranged that they should be first submitted to that body. It met on October 3. the Duke of Queensberry being Lord High Commissioner and Seafield Lord Chancellor. From Seafield's letters, as from other sources, we learn that the carrying of the articles depended on the conduct of two bodies — the Church and the New Party, and Sea- field takes credit to himself that he was the principal agent in securing the support of both. As a body, the national clergy were hostile to a treaty, since in a united Parliament the predominance of English influence would be a permanent menace to their church. If the opponents of union, therefore, could gain the support of the ministers, they could almost count on victory. Their tactics were INTRODUCTION XXV to persuade the Commission of the General Assembly to petition the Parliament to sanction the observance of a national Fast. If the Parliament refused its sanction, the hostility of the ministers would be intensified ; if sanction were granted, the Fast would be a powerful agency in increasing the national discontent at the prospect of union. By dexterous management Sea field contrived to avert the threatened mischief. He gained over the leading members of the Commission, with the result that in place of a national Fast, a day wa> >et apart for public- intercession for divine guidance in the national crisis. Eventually, an Act of Security, vafeguarding the Church for all time coming, relieved the Government from serious opposition on the part of the ministers. The other service Seafield claims to have done for the Government was to secure the support of the New Party, to whose influence he seems to have attached greater im- portance than did others of his colleagues. such as the Earls of Leven and Mar. 1 Since the dismissal of its leaders on the peremptory demand of Argyle. that partv had followed a policy of its own — its principal object being to maintain its separate and independent existence. As its interest had suggested, it had given its support now to the Tories and now to the Government, and thus had come to be known as the Squadronc Volants. When the session of 1706 began, it was still uncertain whether it would be for the treaty or against it. and. as of prime importance. Seafield had sedulously addressed himself to conciliate its leaders. * I have taken al the methods I was capable to use to keep the Xeu Pairtie from confor ming with our Torie Pairtie . . .." he wrote to Godolphin in the second week after the House had sat. A week later he was able : According to :be Earl of March~o:.;. rr.e :f ::$ leaders, the Xe-sr Party had thirty- foor votes ; according to the Earls of Mar and Leven, oaly Mbum or sixteen. xxvi INTRODUCTION to write 6 that the New Pairtie, both in Parliament and Assemblie, gives us al the assistance wee can desire . . .' From his own account, therefore, by thus securing the support of the Church and the New Party Seafield has a foremost place among the Scottish statesmen who effectu- ated the Treaty of Union. 1 I have to thank Dr. Maitland Thomson, the honorary Secretary of the Society, for his valuable assistance in the preparation of this volume. P. H. B. Novonho- 1915. 1 It is to be regretted that the Correspondence of Seafield, so valuable for the period to which it relates, has to be sought in so many quarters. Besides his Correspondence, published for the Scottish History Society by Mr. Grant, other letters of his appear in the Third Report (1872), and the Fourteenth Report (Part ill., 1894) of the Historical MSS. Com mission, in the Carstares State Papers and Letters (Edin., 1774), and in the Marchmont Papers (Lond., 1831). Another collection of his letters is in process of publication by the Historical MSS. Commission. LETTERS OF JAMES OGILVY, FIRST EARL OF SEAFIELD, LORD CHANCELLOR OF SCOTLAND 1 (Brit. Mus. Add. MSS. 28,055.) [1703] Edr. f May the 10, 1703. / My Lord, — My Lord Commissioner 2 hes fullie informed me of my obligations to your Lo. in my absence : I [am] most sensible of them and al the return I am capable to make is to assure your Lop. that none is more intierlie your servant then I am, and I shal faithfulie serve and support her Majesties authoritie and goverment to the utmost of my pouer. I have sent your Lop. a Memorial of what hes as yet occurred concerning the management of her Majesties affairs in Parlament, 3 and, if it be accept- able, I shal continou from time to time to leat your Lop. know what occurrs. My Lord Privie Seal 4 and I continou in intier friendship and I doubt not he will serve her Majestie verie faithfulie, bot wee most want his assistance for some dayes, for he goes this day to the country to perform his fathers funerals, bot, having troubled your Lop. with a long Memorial, I shal only add that I am, with al respect, your Lops., etc., Seafield. 1 The following letters of Seafield were addressed to Sidney Godolphin, Lord Treasurer of England. 2 James, 2nd Duke of Queensberry. 3 This, the first and last Scottish Parliament elected during Anne's reign, had met on May 6, 1703. 4 John, Marquis of Atholl. He was made Privy Seal on the express desire of Seafield, who hoped he would secure the support of the Jacobite Party or the Government. At the close of the session, Atholl was made duke in reward for his services. 2 LETTERS OF JAMES OGILVY [MAY f.15. Edr., May the 21st, 1703. My Lord, — The inclosed Memorial is full, so that I shal not presume to incroach farther on your patience at present ; only the Presbiterians, if they get ther Church goverment and the revolution setelment ratifyed, I belive they shal unite in the Queens service. On the other hand, I hope the Cavaliers will help to defend us against thos republican propositions mentioned in my Memorial. The Marques of Montrose and the Earle of Roxbrugh, Rothes, Marischal and Hadingtoun continou in the Duke of Hamiltons interest. This is al needful to be added, only that I acknouledge the honor of your Lops, last letter and am, with al respect, my Lord, etc., Seafield. My Lord, — On Saturnday last the Parliament satt very late upon the contraverted electione of the Comm rs for the shyre of Orkney, in which all on whom I had influence did concurr for those my Lord Comm r recommended, and they are, indeed, very well inclined for her Ma ts service, and accordingly wee carried the electione by a great majority. In the debate Sir Alex r Ogilvie of Forgline, who is my near relation and is keeper of the Great Seal under me, having argued with great concern for the Comm rs friends, there past some hott words betwixt my Lord Belhaven and him. My Lord Belhavens expressions were such that Sir Alex 1 thought himself oblidged in honor to demand satisfactione. However, all the expressions that past betwixt them were not heard by my Lord Comm r or me, so that I knew nothing of any quarrell betwixt them. Immediately after the election was determined, Bel- haven and Sir Alex r Ogilvie went out together with a design to have fought, but after they had past the place where wee had satt and had come the lenth of the door, and, the same not being so readely opened to them, they did again fall in passion, and Belhaven stroke Sir Alex r Ogilvie with his foott and Sir Alex 1 stroke him again in his own defence. This occasioned a great deal of noise, /. 364. July 1, 1703. 1703] FIRST EARL OF SEAFIELD 3 and many of the members, particularly the Duke of Hamilton, thought that Belhaven had been insulted, and so did express himself very passionatly, as did severall others, but none of us who were in our seats could see what happened. I told them that, if there was any insult upon any of the members, I would take care to have it examined and that my Lord Comm r and all her Ma ts Servants would heartely concurr with them for main- taining the honour of the Parliament and the security of the members. By this time seralls of them had gott information what past, and so it was proposed that this matter might be let fall and that the consideration of it might be reassuiried next sederunt, and accordingly the Parliament was adjourned to Tuesday att ten aclock, and I, having taken Sir Alex r Ogilvies prole of honour that he should keep the peace, he went to his loadgings. After this I went home and did expect to see no person, it being so late, but his Grace my Lord Duke of Hamilton and his two brothers came to my house and proposed that, seeing the scuffle had happened betwixt my Lord Belhaven, who is a Hamilton, and Sir Alex r Ogilvie, who is of my name and my relation, that therfor wee might interpose betwixt them and setle any difference they had, and it was thought this would incline the Parliament to be the more favourable to them. Accordingly I did aggree to endeavour the reconciliation of the pairties, but, as for the indignity that was offered to my Lord Comm r his Grace and the Parliament, that was to be left intire, so the Duke of Hamilton sent for the Lord Belhaven and I sent for Alexander, and by our mediation they were reconciled. The Earle of Erroll, as Lord High Constable, pretends to have the jurisdiction of all riotts committed dureing the sitting of the Parliament, as well within as without the Parliament House, so, notwithstanding of the reconcilia- tion, he putt centries upon them. Next morning I acquainted my Lord Comm r with what was done, and 1 desired that his Grace might be favourable to them both, seing Sir Alex 1 " Ogilvie was a faithfull servant 4 LETTERS OF JAMES OGILVY [JULY to the Queen and that he had also been very serviceable to his Grace in former Parliaments as well as in this, and that I was sure that he could be more usefull to us than my Lord Belhaven could be to the opposers. He said that he was resolved that they should be both brought in the Queen's mercy. I told him that they had many friends on both sides, and it would occasion very hott and warm disputes in the House, and I did not doubt but the plurality would incline to accept of a humble submission from them. The Comm r called all the Queens Servants and laid the matter before them. My Lord Privy Seal, the Earle of Eglingtone, my Lord Justice-Clerk, and I were of the opinion that it would be best for her Ma ts service not to carry this matter too high. The other Servants differed from us, and my Lord Comm r said he would accept of no submission from them, nor could he allow them to be readmitted to the Parliament untill they obtained remis- sions, for the obtaining of which he should be very ready to use his influence. Wee were called again on Tuesdayes morning and by this time my Lord Privy Seal and I did understand that there would be very great heatts in the House if they were not readmitted upon there craving his Grace and the Estates of Parliament humble pardon for there offence, first by a subscryved petition and afterwards verbally att the barr. But his Grace and the other Servants would not hear of this ; and so wee went to the Parlia t1; and the Earle of Erroll, who is Lord High Constable, having given acGO u of his reasons for detaining the Lord Belhaven and Sir Alex r prisoners, I did speak to the House, and I am sure with all deference to her Ma^ and the Estates of Parliament, and did fully explain the attrociousnes of the insult and told them that it might be punished very severely. However, I could not but also acquaint them that I found them both very penetent for there offence and very ready in the humblest manner to submitt them- selves and to crave his Grace and the Estates pardon. A great many of both parties spoke, and, except a few of i 7 03] FIRST EARL OF SEAFIELD 5 her Ma ts servants, wee found the generall inclination was to accept of there submission without enquiring further into the matter of fact. But my Lord Comm r and her Ma ts servants, seeming unwilling that the matter should be let fall without a legall prosecutione unles they did subscryve a petition acknowledging there guilt and pray- ing that they might be recommended to her Ma*y for a remission, and that, in the mean time, they should not offer to sitt in the House as members but continue either prisoners in the castle or there loadgings, I did, upon this, endeavour what I could to have the debate let fall till the next sederunt that the parties concerned might have time to apply in what manner they thought fitt, and then my Lord Comm r and the Parliament might doe what they thought just. This was acquiesced to by all, and there was little more of any consequence done att that sederunt, except that one of the officers of the Guairds, Ensign Seat on, was arreigned for having threat- tened Sir Rob u Dicksone, a membre of Parliament, for his voting against Lewtennant-Generall Ramsay his electione to be Comm r for the shyre of West Lothean, but, after the examinatione of all the witnesses adduced, there was nothing prowed against him, so he was acquitt, nemine contradicente, but upon this I took occasion fully to express that nothing would be more displeasing to her Ma^ than that any of the officers of her army should offer to give the least insult or threatening to the members of Parlia**, and accordingly the Parliament seemed very well satisfied, and Mr. Seaton was accordingly dismissed. Yesterday the Parliament mett again, but in the morning my Lord Privy Seal and I did understand from severall Parliament men, if my Lord Comm r his Grace did continue to refuse the humble submission of the two members, that scrall things concerning the prerogative would be brought in question ; therefor, it was again our advice to accept of there submission. Some of the Servants were against this, and said the Comm r might order the Lord Advocat to prosecute them for high treason, in which case the Parliament could not accept of there submission, but, 6 LETTERS OF JAMES OGILVY [JULY after wee had made further enquiry and that my Lord Comm r and wee had spoke to most of the members, wee found that, if this were so much as spoke of, the House would find by a great plurality that no member could be accused of what was said or done within the House but by order and appointment of Parliament, and that, in the next place, by a great plurality they would counter- mand the prosecutione of the two members and accept of there submission and call them to there seatts. Therfor my Lord Privy Seal and I continued to advyse to accept of the submission and not to venture the losing so materiall points of the prerogative or the breaking up of the Parlia- ment abruptly, whereas I was hopefull that the yeilding this matter before the prerogative was called in question would contribute very much for the success of her Ma ts affairs att this time. However, I said that the Comm r should see that, notwithstanding of this, that I should act my pairt fairly, and should defend her Ma ts prerogative as much as any of her Servants were capable to do. Upon this wee pairted, and the Comm r sent about his friends to all the members, and he found what my Lord Privy Seal and I had said was true, so he did again advyse upon the throne w* my Lord Privy Seal, my Lord Secretary, and serall others of the Officers of State, and so he found the necessity of yeilding, and accordingly he resolved to doe it by a speech to the House immediately after reading there petition, which was conceaved in very humble and submissive terms, which he did in a very gentile manner, and thereafter I spoke to the House and told them that they had very good reason to be satisfied my Lord Comm r his Grace his leaving it to them to accept of the submission, which he had done in complyance to the desire and inclinatione of so many of there number, and it was, indeed, very well receaved, and I doubt not but it will be of use to us in the obtaining what wee desire to be done for her Ma**'. However, it is lyke my Lord Comm r may misrepresent my Lord Privy Seal and me in this, but I wish that yo r LoP had been present and ane eye witness. You had been convinced that, if this method 1703] FIRST EARL OF SEAFIELD 7 had not been followed, her Ma ts service had suffered very much. I did after all this, by order of her Ma ts Comm r and the Estates of Parlia u , appoint my Lord Belhaven and Sir Alex r Ogilvie to be brought from there loadgings, where they were prisoners, to the barr, and there I told them that I was ordered by my Lord Comm r his Grace and the Estates to intimate to them that his Grace and the Estates were highly displeased because of the mis- demeanour they had committed, and that in law they might have been severely punished, but, upon hearing of there petition in which they did humbly crave his Grace and the Estates pardon, they were now brought to the barr that they might again have the oportunity of making there acknowledgements ; and, accordingly, they both did so in the humblest manner, upon which I did, in the name of his Grace and the Estates of Parliament, accept of there humble submission and allow them to take there seatts in the House, so that I humbly conceave the honour of her Ma ts Comm r and of the Estates of Parlia u is suffi- ciently vindicated. And for convincing yo r LoP that there is nothing extraordinary done in this caise, the Duke of York, when he was Comm r in the reign of King Charles the 2 d , did accept of the submission of Cromvell Lockeart of Lee, who did, in presence of the Comm r and of the Estates, beat and blood one of the macers, as also my Lord Ballentine did beat one Mr. Gibsone in the room next to the Parliament House in the year 1700 whilst the Duke of Queensberry was Comm r , and yet it was over- lookt and past by. And Major Burnet, having beat another, he was only fined in a small sowme. I acknow- ledge that the insult was more attrocious than any of these, but they have craved pardon in the most humble manner, and far greater inconveniencies are evited by accepting of it, as I have above represented. After this, that the House might be in better temper, wee gave a second reading to the act for rescinding of the laws de- claring leasing-making of her Ma^ to her people and of the people to the Queen capitall, and have now declared 8 LETTERS OF JAMES OGILVY [JULY it only to be punishable by fining, confyning, imprisone- ment, or banishment according to the degree of the crime. This gives a generall satisfaction, and has been very long desired. After this they brought in upon us a book written by Mr. Drake 1 and dedicate to Sir Edward Seymour calculate against the soveraignety and independency of this kingdome, upon which there was many hott and high discourses, and it ended in appointing the book to be burnt by the hand of the common executioner, which is accordingly done, and this day wee have been upon the Act of Security and debated the whole day if there should be any limitationes receaved in to it or not, but nether pairty durst adventure it to a vote, so the debate will be resumed tomorrow. [No signature.] [Endorsed :] 1 L d Seafield. No date.' [Not autograph.] Edr., Julie the 10, 1703. My Lord, — I have writen to the Earle of Notingham 2 al that is necessarie for your Lops, information att present, and I did not think of giving your Lop. any trouble att this time, bot my Lord Privie Seal hes been with me just now and hes desired me to send the inclosed, which I have seen, and I doe atest that his concurrence does signifie verie much for the Queens service, and I hope he will continue to use his influence faithfulie and I doe belive that, if it had not been that I have pleased him and taken measurs with him and the Cavilier Pairtie, they had been prevailed on to join with the opposers, and so ther had been no possibilitie of earring her Majesties affairs. I know my Lord Commissioner hes writ fullie concerning the act proposed for puting the pouer of declairing peece and war in the Parlament, bot this is only to take place 1 James Drake (1667-1707). The book referred to is his History of the Last Parliament, for which he was tried and acquitted in 1702. Seymour was Comptroller of the Household to Queen Anne, and was specially obnoxious to the Whigs. 2 Nottingham was at this lime the English Secretary of State. 1703] FIRST EARL OF SEAFIELD 9 in case of her Majesties death without heirs of her bodie, 1 and I doe concurr with what his Grace hes writen, and shal forbear giving your Lo. any further trouble bot that I am, with al respect, my Lord, etc., Seafield. Edr., Julie the 17, 1703. /. 50. My Lord, — I have troubled your Lop. with several letters since I had the honor to hear from you. Houever, I hope they have given your Lop. full information. Ther is by this packet a full Memorial sent by my Lord Com- missioner concerning what hapned last night in Parlament at the adjornment. I can positivlie say that nothing was done bot what was usual and hes been practised, not only in this session, but in al former Parlaments since the Restoration. This prerogative of adjorning de die in diem, als weel as att the end of a session, is plainlie invested in the Croun by the 3 d act of the first Parlament, Charles the 2 d , and, ackordinglie, the same hes been exercised without interuption and hes ever been considered as a most valuable prerogative and necessarie for preserving of order in Parlament. It is unnecessarie I should trouble your Lop. with what is contained in the Memorial, only most say I were unjust to my Lord Commissioner if I did not attest that he acted in this mater both with prudence and moderation. The point under consideration was of great consequence, as your Lo., upon reading the memorial, will perceiv. It had only been proposed that sederunt, and befor adjornment severals of the members moved for a delay and a great many of them had gone out, and it was then past eight, so wee wer most of us much fatiged, and the debeat was on so many particulars that ther was no probabilitie that it could be adjusted that night upon thes considerations. My Lord Commis- sioner appointed me to adjorn them, and for preventing al mistaks I did declair that nothing should interveen and that the clause should be finalie determined next sederunt ; 1 See Acts of the Parliament of Scotland (Record Edition), xi. 107. 10 LETTERS OF JAMES OGILVY [july and then I declaired that my Lord Commissioner addjorned the Parlament till ten o cloak on Tuesday, which is the constant forme. Notwithstanding hierof, several of the opposers did protest after the adjornment, and since hes signed ane adress compleang of it. I am sure ther hes more occasion been given when the adjornment hes not been contraverted. The Memorial offers ane advice what answer may be given too it, and I doubt not bot her Majestie will both mantain her just prerogative and protect her subjects in ther privileges. I shal only add that I am, with al respect, my Lord, etc., Seafield. f. 52. Edr., Julie the 28, 1703. My Lord, — The inclosed Memorial is al I can inform your Lop. of att present, and I hope it will be made use of only for her Majesties and your Lops, information. I most say my Lord Privie Seal does in this and evrie thing els testifie a great dail of concern for her Majesties service, and I doubt not bot al her Majesties servants will yet use ther joint endeavours to make the best of what is past, bot with what success I know not. Ther will not be so great difficultie in obtaining what can reasonablie be demanded for the Queen could wee get that lenth, bot we are invironed with resolvs, and in any thing against the English succession our opposit pairtie are strongest. If ther be not fonds granted for the civil list and the armie, ther will be great difficultie to preserve authoritie and goverment, bot I can offer no advice without the concurrence of her Majesties other servants, bot in my station I shal act faithfulie and with al the influence I am capable to use, and I am hertilie sorie that ther is so great difficultie to bring this session of Parlament to unanimitie. Both pairties are convinced that I have a great dail of labor and fatige in my post. I know not what accoumpts are given, bot I am sure I have heartilie concurred with my Lord Commissioner in al concerned the Queens service or himselfe. 1 shal continou to accquant your Lo. with the issue of what is befor us, and, 1703] FIRST EARL OF SEAFIELD II being most sensible of the obligations I have receaved from your Lop., I am with al respect, my Lord, etc., Se AFIELD. Your Lo. hes certanlie had ane accompt hou the mater of the adjornment ended. My Lord Privie Seal and I did what was [in] our pouer in that mater and [I have] added what occurred in this to my Memorial. [1704.] Edr., May 11th, 1704. 1 f. 78. My Lord, — I had the honour to receave one from yo r LoP since I wrote last and that concerning Mr. Campbell his 4, 19~18, 18, 11, 2l/ granted to him by the Queen. I shall take care to obey the orders I have receaved con- cerning it and shall represent all the circumstances of it in there true light before any thing more be done upon it. Mr. Harley longs extreamly to have a full answire to his letter, which he understands Mr. Stewart receaved. It is only some satisfaction that 14 18 7, 11, 5, 16, 20, 17, 11, 16, 10 writes that Mr. Bruce is pleased with the acco tts have been given. I find all those I wrote of formerly firmly resolved to prosecute 20 s measures in relation to Mr. Sidney, but wee cannot dail so effectually and plainly in this till Mr. Ogilvie be 61, and then his friends will concurr with Mr. Harley, and Mr. Stewart may be assured nothing will be left undone in that matter, which is in there power. Wee still think that 18 should be impowered to declare what concerns him as 61, when he finds it most proper, for he must keep measures with his friends. Mr. Campbell keeps his mind closs concerning Mr. Sidney, but owns that Mr. Bruce recommends that Mr. Sidney be declared, and he will make it knowen what he intends concerning that in 51. Mr. Harley has said plainly to him that it will be prejudiciall to the interest of Mr. Bruce if he doe not appear more forward for 48, for se[v]ralls in 47 will 1 No key to this cryptic letter has been found. 12 LETTERS OF JAMES OGILVY [may think that Mr. Bruce his servants should doe what is in there power. I have still good hopes of him, and he may be very usefull, and, y r for, I should think it a very bad measure to give him any discouragment as yet, but befor 51 he ought to declare himself more plainly, and Mr. Stewart shall be acquainted with his resolutions. I have write so fully in the inclosed that I shall forbear to give yo r LoP much trouble, only I must acquaint you that Mr. Sinclair and Mr. Stephens are calm and moderate and doe both positively say that they will give all assistance to Mr. Bruce against all persons q^somever, and, in particular, against Mr. Xairne, if he were makeing any attempt upon Mr. Menzies, and, though they doe not come up the lenth of doeing for Mr. Sidney, yet it may be of great use if they doe not actually oppose, and for this reason Mr. Ogilvie, Mr. Urquhart, Mr. Wright, and Mr. Harley doe all aggree that, when the alterations of 51 are made, both Mr. Sin- clair and Mr. Stephens should be of Mr. Maitlands number. This will putt them in expectation of being further con- sidered after 51. They both say that they would give subsidies cheerfully, and in this Mr. Knox concurrs, for they begin to fear that, by what 18/21/25 and 19 have done already, Mr. Sidney may succeed upon the condi- tions aggreed too ; however, it will be most difficult, con- sidering the great ferment in Mr. Menzies, and by keeping measures with Mr. Sinclair, Mr. Stephens and some of Mr. Knox his friends. Att worst the subsidies will be obtained, and this is the most probable measure of obtaining the oy r . Mr. Ogilvie and Mr. Harley delay writing about 54 untill Mr. Ogilvie be 61, and then he can speak more plainly and recommend on more sure grounds. Wee still think that 14 18 7; 11; 5; 16: 20, 17, 11: 16: 10: should prepare all that is necessary to be done by Mr. Bruce before the meetting of 51, and should be y r after sent to Mr. Menzies. Mr. Harley wrote of the places by his last, and all of us continue still of the same mind. Mr. Harley his pairtners are very much for laying aside Mr. Fergusone, for they know it would give a generall satisfaction, and advance Mr. Bruce his designes, but this they submitt to 1704J FIRST EARL OF SEAFIELD 13 Mr. Stewart, who knows best the circumstances of Mr. Bruce in 47. Its has been of great advantage to us that Mr. Hyde stood in all his imployments till matters were brought this lenth, for the fears of his continuing has engaged a great many to be for 20 les interest, and the measure proposed. Mr. Harley expects to have an opor- tunity of writing to yo r Lop. again very soon, and, there- for, forbears to give you any further trouble ; he does not as yet think it proper to trouble Mr. Bruce, but I cannot conclude till I acquaint yo r Lop. that there are above 1600 men aboard the fleett in Leith road ready to sail, and it is a very considerable number from this kingdome, but it is mightely complained of that they have so slender a convoy. 1 There are above thirty of the best ships in Scotland convoyed only by one man of warr. I heartely wish an other could be appointed to joyn them and the sooner the better, for they are now ready to sail. — I am yo r LoP s most obedient and humble servant. [No signature.] [Endorsed:] 'May 11, 1704. Ld. Seafield.' [Not in Seafield' s writing, but the same as several letters signed by him.] Edr., Julie the 6th [5th ?], 1704. / 86. My Lord, — I have had so much to doe befor the meeting of the Parlament 2 that I have been oblidged not to wreat so often, and I am nou to acknowledge the honor of two of your Lops., the first concerning the powers to the Com- missioner. 3 I am intierlie of your Lops, opinion that, till the Parlament is over, places should not be disposed of without a visable advantage to Her Majesties service, and Mr. Johnston 4 agrees with me in this. Neither have wee done anie thing concerning the alterations in council ; manie are in expectation, and by pleasing on wee would 1 This force was to join Marlborough's army in the Low Countries. In May, 1704, Marlborough began his march to Blenheim. 2 It met on July 6, 1704. 3 John, 2nd Marquis of Tweeddale, was the new Commissioner. 4 James Johnstone, Lord Clerk Register. During the preceding months he had been Godolphin's chief adviser regarding Scottish affairs. 14 LETTERS OF JAMES OGILVY [JULY disoblidge perhaps ten. Wee have feu places and manie pretenders. I have convinced Mr. Johnston that to begin with the Plot and prosecutione would devid and weaken the Revolution pairtie, for al that are censurable and ther friends would withdraw or secure themselvs by making interest with the opposers ; so that I have also his appro- bation as to the advice I gave for the alterations in her Majesties letter. I have disposed the fare greatest pairt of our Old Pairtie 1 to concurr in her Majesties measures, and I am not without hops of success. However, ther is a verie great pairtie for the delaying to declair the successor. 2 Some think they should have conditions from England concerning our tread, such as the taking off the impositions on our cattle, linning, cloth, and coal, and the Act of Navigation might be softned and not so strict. Others are for a ful communication of tread, so by thes national and plausabile proposititions they increase the number that are for delaying. Others sees the danger of delaying and that conditions of goverment on the successor may be the foundation of a subsequent treatie with England, bot of al this mater wee can wreat nothing with any certantie till the members come to toun. I know not if wee shal doe any thing on Thursday more then to meet and constitute the House and adjorn til Tuesday, for ther are about twentie that are favourable to the Queens measurs at the Convention of Borows that can not be in befor Tuesday nixt, and perhaps our opposers might take advantage of this. Wee have taken and committed Sir George Maxwel and Captain Livingston, and put on bail Mr. Gordon and some others, and shal use al possible cair to discover ther designs. It is, indeed, verie sus- picious ther coming att this time, and I am hopful it will be of use to us. I send your Lo. a short accompt of ther examinations hierin inclosed. I did not discover Mr. Lacons name who is the informer, bot I have examined them on al the points of the information your Lop. sent 1 Also known as the ' Country Party.' 2 It was the special task imposed on Tweeddale as Commissioner to have an Act passed settling the Crown on the Electress Sophia and her heirs. 1704] FIRST EARL OF SEAFIELD 15 me. As for my Lord Leevens complaint of my coldness, he does me wrong, for I have used him with al civilitie, bot I most keep measurs with others, and, therfor, could not enter into a closser correspondence without prejudging the Queens service, bot I am confident I shal have your Lop. approbation, since I doe al thos more service by folouing out the publict measurs in the first place, which may preserve them if they concurr with the Queens ser- vants, bot no treatie of this kind is to be promised. I was ever for moderation, and I hope I shal not alter my opinion on this occasion. I cannot discover what I wreat to your Lop. to many hier, bot have the charitie for me to belive that I shal doe al in my pouer for the Queens service, and that I am, with al truth and sinceritie, my Lord, etc., Se AFIELD. I find Mr. Johnston readie to lay assyde al resentments and most desirus of success. [1705.] Edinburgh, March 24, 1705. My Lord, — The Earle of Roxburgh and I have made all the hast that was possible for us on our journey and came to the place on Thursday last. I have seen severalls of all the parties and have endeavoured to discover there designs, but as yet am not able to give yo r LoP any certain accompt of them. The opposers doe delay the takeing of there measures till the meetting of the Parliament, that then they may jointly consert what is to be done. The New Party seem att present diffident of there being con- tinued in her Ma ts service, 1 but express themselves with a great deal of regaird towards her Ma^, and say they are very willing to joyn in measures with those her Ma*y has imployed in all things that concerns her service and the peace and quiet of the kingdome, but the Old Party, they, and wee ourselves delay to give any opinion concerning 1 Owing to its conduct in the affair of Captain Green, the New Party had been discredited. 16 LETTERS OF JAMES OGILVY [march what may be expected to be done till the Comm r come, for they beleeve what they shall resolve upon without his knowledge and consent would not be very acceptable to him, and, therefor, I intreat yo r Lop that he be dis- patched as soon as is possible, for there is but little time, and every body expects that the Parliament will meett precisely att the time to which it is now adjourned. I am more convinced than I was that it is necessary to keep measures with the New Party, since they are in a good disposition, and, were the Duke of Argyle 1 here, he will find many of the Old Party of this mind because that, if the New Party be again joined to the Cavaleers, they will probably be too strong. This the President and Advocat 2 have both said to me, though I doe not write by there knowledge or allowance, nor will they give any positive opinion till the Duke of Argyle and the rest of the party are here. However, to give yo r LoP all the information I have of the designs of the opposers : it is said that they are to begin with the state of the civil list and to take notice of all the extraordinary allowances have been given, and here to make all the use they can to divide the Old and New Party. Yo r LoP will understand this point sufficiently. 2°/. The opposers will endeavour the prohibition of wine and tobacco, because, as they pretend, the money of the nation is y r by unnecessary exported, and, if this be done, y r will nothing remain as a fund for the civil list, and, if ane equivalent fund be demanded, they will endeavour to give only what they pretend is necessary and not ane equivalent to what arises from the customes of these goods. 3°/. They will be against the setlement of the succes- sion without a treatty, and then they will endeavour so to limite and restrict the treatters as that ane intire union be not the subject of it. 4°/. That the Comm rs be named by Parliament, be- 1 John, 2nd Duke of Argyle. He was the new Lord High Commissioner, Tweeddale having been dismissed. 2 The President of the Court of Session was Sir Hew Dalrymple ; the Lord Advocate, Sir James Stewart. 1705] FIRST EARL OF SEAFIELD 17 cause, as they pretend, her Ma^ may be influenced by the English in makeing the nomination. 5°/. That no treatty be sett on foott till the English have repealed the clauses of the act for the union ; y r by cattle, linen cloath, and the other goods in this kingdome are prohibited in England and both nations left at least in the same condition with regaird to priviledges as before the making of the act. 6°/. They are to insist for the additionall number of Comm rs for shyres and a triennial Parliament, and upon serall other limitations. In all these particulars I doe think that the Comm r may try the opinion of her Mat s Servants, and her Ma^ may act accordingly, for I think those in the Government ought att least to declare there willingnes to concurr in what may be for her Ma ts service and to give there opinion with freedome concerning the measures. I shall use my own endeavours faithfully, and after all I want not good hopes that the Parliament may be brought to a calm and peaceable issue if the Old Party be reasonable and if they will take but advyce. Att pntt, I have not as yet seen the Marques of Annandale, 1 being in the countrey about his private affairs, but he is to be in towne this night, and so I can write nothing concerning him. Captan Green and his crew were on Wednesday last sentenced to dye, and I find all persons I speak with con- vinced that they are guilty, and, since the sentence, two have confessed that there was a pyracy committed but they were a shoar att the time and know not the par- ticulars. It is thought that more will confess. Wee hear that they have sent to Court accompt of there own circumstances, but I know no certainty for it, for none of them have made the least application to me. The Council and Thesaury were adjourned before I came here, and a great many are in the countrey about there private affairs, so that I can have no Councils or Thesaury till Tuesday 1 William, 1st Marquis of Annandale. He was now one of the two Secretaries of State. B 18 LETTERS OF JAMES OGILVY [march come seven night, and I am hopefull that my Lord Argyle may be here by that time. The Scotts officers have made there recruits 1 very fully, and I hope they will be ready to sail by Tuesday next, if the wind serve. If yo r LoP will let me have her Ma ts commands in any thing, I shall most readily obey them. I am most sensible of the obligations I ow y r LoP, and y r for, I am, with all sincerity and respect, my Lord, etc., Seafield. [In the same handwriting as previous letters ; only signed by Seafield.] Edr., March 24, 1705. My Lord, — I was not able to wreat the inclosed with my own hand, bot it is writt by on I can intierlie trust, and, therfor, I hop your LoP will excuse me. Since wreat- ing of it, the Marques of Annandale has been with me, and I find him of the same opinion with me that the Duke of Argyl come doun to us so soon as is possible, and that the Neu Pairtie be not rejected if they be willing to concurr, and what I said to your Lop. I find true, that the Duke of Argyls friends hier will advise him to moderation with regaird to most of the Neu Pairtie. I shal be able to give your Lop. a more certan accompt of our affairs by my nixt, for I find the Neu Pairtie are to meet on Tuesday or Wedensday nixt, and I hear Duke Hamiltons friends have sent for him, so ther skeams will be laid. The Neu Pairtie and Old have, such of them as are in toun, been with me and speak verie kindlie, and in most things are readie to join, if the Duke of Argyl will bot folow advice. I have good hops. I can adventur no further on your Lo. patience att present, and I have had frequent interup- tions in wreating this. I shal onlie recommend the incurag- ing my Lord Roxbrough, for I find him verie readie to folou my advice in giving good councel to the Neu Pairty. I find what is done for the M. of Montrose 2 cannot be long concealed, so I wish the D. of Argyl wer accquanted with 1 For service under Marlborough in the Low Countries. 2 James, 4th Marquis and 1st Duke of Montrose. The appointment referred to is that of Lord High Admiral. 1705] FIRST EARL OF SEAFIELD 19 it as a thing don befor his Commission was signed. I hope he will be satisfyed that he have Montroses concur- rence. — I am, with al respect, My Lord, etc., Se AFIELD. Edr., March Slst, 1705. f. 148. My Lord, — I have sent the inclosed Memorial for your Lops, information, bot I long to hear from you, not having had the honor of your commands since I came from London. I hope the Neu Pairtie will be advised if measurs be kept with them, and manie of the Old make there application to me, would the Duke of Argyl take advice. I have good hops, and it depends upon his being hier befor any thing further is determined, for I find thos imployed of the Old Pairtie convinced that, without the assistance of some of the Neu, nothing can be done, so that your Lo. hes had a true judgement of our affairs at this time. Queens- berrie and some near Argyl may give other advice, bot it will not be found for her Majesties service. 1 I beg pardon for this trouble, and I am, with al respect, my Lord, etc., Seafield. April 1705. / 350. My Lord, — I did write to her Ma^ a full accompt of our proceedings last Council day upon the reading of the Duke of Argyles letter to me write by her Ma ts commands and intimating that there should be a reprive to Captain Green 2 and his crew untill her Ma ts pleasure were knowen and in the mean time appointing ane abstract of the process to be transmitted to her Ma^. This last part was done, and there was also a letter to her Ma^ from the Council, which, no doubt, yo r Lop. has seen, besides the arguments used in my Memoriall, qch moved the Privy Council to delay the granting of a reprive. This has great weight with them that all acts of prerogative ought 1 Argyle insisted on the dismissal of the New Party as a condition of his retaining office. 2 Captain of the Worcester, an English vessel, and accused of piratically seizing a Scottish ship, the Speedy Return, and murdering its crew. 20 LETTERS OF JAMES OGILVY [april to be exerced by her Ma^ herself, qhereas in this caise there was only a letter by the Duke of Argyle to me, and they all acknowledge that her Ma ts prerogative in pardon- ing and repriving is not to be contraverted, and, if there had been a letter from her Ma*y to them, they had given obedience and yet preserved there good opinion with the people, q r as, if they doe any thing upon the intimatione made by the letter from the Duke of Argyle, the people will say that they were under no necessity of granting the reprive, but that they voluntarly pardoned people guilty of the blood of there neighbour subjects, and I must acknowledge that all in this place are fully convinced that Green and his crew murdered Captane Drumond and his men. However, I have writt to all the Privy Councellors within fourty miles of this towne to be present on Tuesday next, and wee hope, betwixt and then, to receave her Ma ts orders. But, if wee doe not, I am afraid there may be difficulty in obtaining a reprive for a few days. I find the New Party willing to doe any thing that may serve her Ma*y in the next Parliament, provyding there service be not rejected. 1 I doe what I can to keep them well disposed, and I find them intirely disatisfied with the Duke of Argyle, but, if his Grace were here, he will find the whole Old Party, except such as are out of employ- ment, against disoblidging of the New Party. I have spoke fully w 1 Annandale, the President, and Advocat and serall others of them, and they are of this opinion. However, the New Party are unwilling to give there advice as to measures to be taken in Parliament till they know if they be to be employed. Philiphaugh hath been in the countrey, so I know not his mind, but it is certain he will not influence his friends to concurr, unles he be reponed. But, if this be done, I heartily wish it may be with Mr. Johnstones consent, for he has a great interest with the New Party. I acquainted yo r Lop formerly with what I hear of the 1 Argyle was instructed to secure the passing of one of two measures — the one for settling the succession on the Electress Sophia and her heirs ; the other for appointing Commissioners to treat of union. 1705] FIRST EARL OF SE AFIELD 21 designs of our opposers, but wee cannot know plainly till the Duke of Hamilton come to this kingdome, who is expected very soon. By this pacquet yo r LoP will have ane acco u of the pro- ceedings of the Assembly. Mr. Carstairs is moderator, and the most moderate churchmen are members of it. There is ane answire to her Ma ts letter, in qch they signify there satisfaction w* the protection and countenance they have from her Ma*y and there desyre of having the succes- sion setled. My Lord Com r will certainly write to her Ma^ on this occasion. I have serall friends in the Assem- bly and has done what is in my power to make this Assembly easy and satisfying to her Ma*y, and the minis- ters and elders doe all testify there satisfaction with the letter and instructions I have procured, and are very much pleased that her Ma^ has allowed the expens s of transport- ing the libraries that are mortifyed by serall charitable people in England for the Highlands. I have not heard from yo r LoP since I parted from London, but, so long as I am allowed, I will airway es presume to acquaint yo r LoP with what occurrs and receave inclosed the coppy of the Assemblies answire to her Ma ts letter. [No signature.] [Endorsed:] 4 L d Seafield. No date or year.' [Not autograph.] [ [4] April 1705.] / 356. My Lord, — I receaved the honour of yo r LoP s letter of the 31st March, and, seing her Ma*y had then no particular commands, I shall presume to give yo r LoP ane acco* of what has occurred here. I find in the Assembly there will be no difficulty. The Ministers that are members of it are all most moderate men. Mister Carstairs 1 is Moderator, who has great influence w* them, and they are intirely pleased w* there instructions and her Ma ts letter, and, as they tell me, they will have there affairs ended by Tuesday or Wednesday next. Rev. William Carstares, the most influential minister in the church. 22 LETTERS OF JAMES OGILVY [april As for my Lord Montross, I find him very well inclyned to her Ma ts service, and it is not yet knowen here that he is Admirall. I have spoke w* him fullie ; he is inclyned to serve her Ma^ in that station and is willing it be pub- lished when and in what manner is thought best, but he sayes he does not inclyne to accept of the sallary of 1000 pound, which her Ma^ has annexed to it, because the Thesaury is in a very low condition, and the demands of others are exorbitant. I told him that I thought the place of High Admirall very necessary in this kingdome, and that, seing her Ma^ had recovered it again to the Crown by her own money, it was reasonable that a sallary should be annexed to it that it might defray the charges and be some encouragement to any person that should be imployed in that station. But, whatever objection might have been made, if this sallary had been given to ane other, yet he had a just pretension of 700 Is. a year, qch was setled on his family for the sufferings of his great grandffather for the Crown. He seemed very well satis- fied with what I said to him, but he has since been with the Earle of Roxburgh and he still inclynes not to accept of the sallary, and is returned to his house. My Lord Roxburgh 1 and I will speak to him when he returnes, and I am convinced that he will not think himself so much engaged to prosecute the Queens measures if he accept of no sallary. As for the New Party, they seem to be clossly united together and doe not speak plainly concerning the pub- lict measures. As yet I find them sometimes pretty tractable and att other times ill pleased as they have accompts from Mr. Johnstone or Mr. Wadderburn. If they were secure that they were not to be removed from there posts, they would serve (I beleeve) very dutifully, but, as it is, they doe not break measures with the Countrey Party. I cannot complain of them as to myself, but that they treat me with all civility, and, if I knew positively 1 John, 5th Earl and 1st Duke of Roxburghe, one of the leaders of the New- Party. .,; , ';. * ■. ; . : . , . , .-. m better advyce in this matter than any she could have from her Privy Council or other Servants, and they made insinuations against English influence, qch might be ye1 1705] FIRST EARL OF SEAFIELD 69 more dangerous in a Council of Trade than any thing els. I did argue this point very fully, as did serall others of her Ma ts Servants, to this purpose that her Ma ts preroga- tive in nameing all judges was clearly established by serall acts of Parliament, and that this did extend to the extraordinary judicatures as well as ordinary ones, as in the commission for valueing of tythes, the Commission of Justiciary for the Highlands, and commissions for regulations of judicatures, and in all these the nomination had been left to her Ma^ and her royall predecessors, though the Commissions had been voted by Parliament, and that the reasons adduced for nominating in Parlia- ment in this caise might be applyed against her Ma ts prerogative in nameing other judges or Privy Councelors, and, though the nominatione were left to her Ma^, it could not be denayed but it would be as usefull as if the nominatione were made by Parlia", seing they would still be accountable to succeeding Parliaments for what they acted, and I truely think that wee had greatly the advan- tage of them in reasoning, for wee argued that, as the legislative power was in the Queen and Parliament, so the executive power was by our constitutione in the Queen. But, not to trouble yo r LoP with all our argu- ments, it was putt to the vote, and it was carried against us by a majority of nyne votes. In this all the New Party and the Cavaleer Party, with Duke Hamilton, joyned. After this they endeavoured to have the nomina- tion made in the whole House, by qch they would have probably carried whom they pleased, but, seing there is ane act of Parliament appointing committees to be chosen by the rexive [respective] Estates, many of there own party aggreed that this was the proper method, and they were necessitat to let the debate fall, and, it being aggreed that seven of each Estate be chosen, wee are in hopes to carry both the nobility and burrows, and, if so, it will not be of so great danger. It is also aggreed that this Council of Trade shall continue only to the next session of Parlia- ment inclusive, and it is much easier in the other powers than it was when presented. I shall not offer her Majesty 70 LETTERS OF JAMES OGILVY [aug. any advyce concerning the passing of these two acts untill all her Ma ts Servants be called to give there opinions, but I can doe it with the greater freedome that I and all my friends whom I could influence did both argue and vote against them both. However, if ane act of treatty and supply could be obtained, I doe, with all submission, think that it would be proper to yeild both, for by the first the diminution of the revenue will not be considerable, and it will be popular to grant ane encouragement for the fishing, and, though the second act derogates from her Ma ts prerogative, yet the act is to be but of a short con- tinuance, and the powers of the Comm rs are well explained that they cannot encroach upon any brench of her Ma ts revenue, and it is very takeing with most of the people I speak with, because it is intended for the better execu- tion of the laws concerning trade. However, I am not certain if I shall continue to be of this opinion, and it is only for yo r LoP s information that I have writt this, for wee are as yet very diffident of success as to the treatty and supplies, for the New Party and Cavaleer Party have joyned almost in every thing since Queensberries friends concurred with us. I think it both my duty and interest to doe her Ma^ all the service in my power in every thing that is proposed, and I beleeve I shall incense against me seralls, both of the Cavaleer and New Party, by my con- curring against them so vigorously. But, though I was against removing the New Party from her Ma ts service att this time, yet, it being done and I continued in the service, I think it my duty to use my outmost influence to obtain success, and I am perswaded that nether the Comm r , the Duke of Queensberry, nor any oy r of the Servants will denay that I have done and am doeing all that is in my power. If yo r LoP give me any answire to this, it may be in the usual way, when yo r LoP doth not desyre yo r letters to be seen. I resolve, after I have spoke with Roxburgh and Tweedale, to write to yo r LoP again and to acquaint you how I find them resolved to doe as to the treatty and supply. I am, with all respect, my Lord, etc., Seafield. 1705] FIRST EARL OF SEAFIELD 71 [Same handwriting as previous letters not written by Seafield — signed.] [Edinburgh, August 18th, 1705.] / 280. My Lord, — Since the last Memoriall I did send to yo r LoP the Parliament hath mett so frequently that I had not time to give yo r LoP accompt of what occurred. Wee had great difficulty to adjust our lists of the Coun- celors for Trade. I acquainted yo r LoP they were to be chosen by the rexive States. The nobility were to chose those of y r own number, and the barrons and burrows were to do the lyke, by which I had hopes that two parts of the number would be such as we could desyre. The Duke of Hamiltone did show a great concern to be chosen one of the number, and he and his friends spoke almost to the whole nobility, but very particularly to those with whom he was related, even though they were immedi- ately imployed in her Ma ts service, and he was extraordin- ary earnest with my father and myself on this point and told [that] he would take it as ane affront if he were not upon the Commission. I told him that I had a great deal of respect for himself and his family, but was very sorry that he took such measures that I could not be usefull to him, but more particularly in what he now desyred, for he had had a great hand in takeing from her Ma^ the nomination of these Councelors of Trade, and, therfor, her Ma*y would reakon her Servants unfaithfull if wee did vote for his Grace to be in that number ; but, on the other hand, had he assisted us in procuring the nomination to be left to her Ma*y, I should very readily have concurred in recommending him to be named. He was very dis- satisfied, and wee have not spoke together since that time. The Comm r and the Duke of Queensbery were positive not to have him named, nor any that voted against the Queens nominatione, and so wee prepared for the election with all possible care, and wee found that he had pre- engaged seralls before they knew of the consequence of it, and one of our reasons for this measure was that wee thought, if the Duke of Hamilton and the Duke of Athole 72 LETTERS OF JAMES OGILVY [AUG. and oy rs of that party had not the interest to be chosen of that Committee for Trade, they would not insist to have the nomination of Comm rs for the treatty named by the Parliament. On Tuesday, so soon as the rolls of Parliament were called, I proposed that the Estates might separate and proceed to the nomination in there usuall manner, but the Earle of Marchmont proposed that wee might give in to the clerks our lists closs by way of ballatt. The Duke of Hamilton and seralls of his friends were of this opinion ; on the other hand, wee thought it of very dangerous consequence and proved it to be quytt contrary to our constitutione, for in the year 1661 1 there was ane express Act of Parliament discharging in all time comeing the voteing by balletting, so that, unless that Act were re- scinded, they could not vote in that manner, and, seralls of y r friends having spoke to this purpose, the debate was let fall. The Estates did then separate and proceeded to a nomin- ation. I did, as Chancelor, give in my list first, as was concerted with the Comm r and it carryed in the Estate of the nobility, and Duke Hamilton and all in his list were excluded. Wee did likewise carry our concerted list in the Estate of the burrows, and, as for the State of the barrons, though wee did not carry it, they have chosen some very moderate ; so that, had her Ma l > r nominate, the nomination could not have been more moderate, and, as I acquainted yo r LoP formerly, there is very litle in this Act that can give her Ma^ any trouble, it being but temporary and there powers very much restricted. On Wednesday wee begun to be upon limitations. The Earle of Rothes moved his act, which was a limitation on the successor, giving the nomination to the Estates of Parliament of the Officers of State, Lords of Privy Council, Excheq r , The saury, Lords of Session, and Justiciary. Mr. Fletcher of Saltone presented eleven limitations by way of petition of right, plainly constituting a rcpublict This Act was passed in 1663 {Acts of Parliament of Scotland, vii. 47 1 -2). 1705] FIRST EARL OF SEAFIELD 73 after her Ma ts death, of which I send yo r LoP a coppy, and he made a long formall speech, holding out the necess- ity and advantage of such a government. There were seralls that joyned with him in the method of goeing on by way of clame of right, but, when wee, on the oy r hand, explained our constitution, that in her Ma ts time, without her authority interposed, no vote of the Estates could be of any force or binding on the subjects, and that, y r for, his clame of right, though voted, would fall and be of no consequence after the adjournment of Parliament, so, after a considerable time was spent in this debate, this proposition of a clame of right was let fall, but the prin 11 arguments that carryed this point were that monarchy and the prerogatives of the soveraign were clearly estab- lished by Acts of Parliament, and, till these were re- scinded, it was not the right of the people to clame these prerogatives to be taken from the soveraign and placed in the Parliament and these Acts could not be rescinded but by consent of the soveraign. 2°/. No clame of right could be setled unless the successor were declared, and, if that were to be done, it behoved to be by ane Act of Setlement, and her Ma ts consent to that Act is absolutely necessary, for the Estates, without her Ma ts consent, cannot setle the successor. After this debate was over, the Earle of Rothes did again move his act and severall others seconded him. The Cavaleer Party presented the act for regulating our constitution even in her Ma ts time, viz. for a trienniall Parliament and the excluding the tacksmen and ffermers of her Ma ts revenue and pensioners from being capable of being members. In this debate wee were oblidged to joyn with the Earle of Rothes and the New Party, it being better to take to consideration the limitations on the successor than her Ma^, and wee thought that this might engage the New Party to joyn with us in voting that which they call the regulation of the constitution of Parliament to take place only as a limitation of the successor, and, the New Party and wee joyning, it was carried to proceed to the consideration of my Lord Rothes act first, but, 74 LETTERS OF JAMES OGILVY [aug. however, it was also carried a first reading to the other act. Upon Thursdays morning I was informed that Mr. Fletcher was to propose the act read last session for ane additionall number of Comm rs for Shyres, and y* any limitation that had been proposed for the successor might take place in her Ma ts own reign. The barrons did not inclyne to concurr with him in that proposition for ane additionall number of Comm rs for Shyres untill the limitations for the successor were first considered. So Mr. Fletcher proposed that my Lord Rothes act might be a limitation on her Ma^, but this proposition of his was very warmly receaved in the House. My Lord Stairs spoke very well on that occasion, as also did my Lord Belhaven, and he said that it was very hard, her Ma*y being allready restricted by the Clame of Right, to which her Ma^ was allready engaged, to offer a second upon her Ma*y ; and so Mr. Fletcher was only seconded in his proposition by the Earlc of Hume, 1 att which Mr. Fletcher was so angry that he went out of the House, but I know he will return to our next meetting. After this wee proceeded to my Lord Rothes act ; wee thought it was necessary to aggree to some limitations on the successor, even in the nomination of the Servants and Privy Council, but wee said the most that could be desyred was that the successor might be restricted, as king Charles the first had consented in the year '41, 2 qch was that the soveraign or his Comm rs should present the list of his Officers of State, Privy Council, etc., in plain Parliament to be voted and approwen by the Parliament, and, if the soveraign did name any person against whom there was any reasonable objectione, it might then be proposed and the soveraign would, in that case, be oblidged to name such as would be acceptable and had interest in the Parlia- 1 Charles, 6th Earl of Home. He was an opponent of the Union, but died in August 1706, before the session of the Parliament in which the treaty was passed. 2 On the occasion of Charles's visit to Scotland after the second Bishops' War. 1705] FIRST EARL OF SEAFIELD 75 ment, but to loadge the nomination in the Estates was to divest the soveraign of all power and to extirpate the monarchy and constitute a republict. There was a great deal said for loadging it in the Estates as the only remedy to prevent English influence on the successor and to prevent the nobility and gentry goeing up to London to seek places, qch did ruine our private estates and fortunes, and exhaust the wealth of the king- dome. 1 It was replyed particularly by my self that, in takeing of this remedy, wee would certainly run our selves in all confusion and disorder, for, if the royall authority were removed from the nomination and the executive power intirely loadged in the Estates, great divisions and animosities would happen, and wee had no great encourage- ment to goe further than what had been aggreed and setled in the year 1641, for our histories informed us what followed that setlement, for in the 1643 the Scotts army went into England ; in the 44 wee fought the battle of Long-mes- toun-moore 2 near York, where King Charles army was beat ; that wee continued till 46 or 47 in England and the civil warr was in the mean time in Scotland, Montrose having headed the royall party ; that in the year 1648 there was ane army sent in to England under the com- mand of the Duke of Hamilton for the relieff of the king, which was beatt. In the 1649 all the Royallists had there estates sequestrate and many of themselves were forced to quitt the kingdome, that in the year 1650 Oliver Crom- well invaded Scotland and wee called home King Charles, that wee were beatt at the battle of Dunbar, that our army went y r after with the king to England, and wee were beat att Uster, 3 that thus wee continued in anarchy and confusion till the year 1660, and in that year and the 1661 the monarchy was reestablished higher than ever, as was clear by the serall acts asserting the prerogative then past, so that wee had no reason to expect any advan- 1 A journey to London, and a six months' residence there, was reckoned to cost ^600, and it is stated that only one Scottish peer could meet the expense out of his own pocket. a Long-Marston Moor. 5 Worcester. 76 LETTERS OF JAMES OGILVY [AUG. tage by overturning the monarchy, nor had wee reason to think that ever a republict would ever sute with our temper and inclinationes. where wee have so many nobility, superiorities, and jurisdictions, and, in short, that our whole constitution was contrary to parity. Much more was said by many others to this purpose, and after long debate the vote was stated, if the nomination of the Privy Council and Officers of State, etc., should be by the successors of her Ma*, kings or queens of this realme, by giving in a list in plain Parliament to be voted and ap- prowen, or if all these should be nominate by the Estates. It carried by the Estates by a majority of sixteen. My letter herewith sent will informe yo r LoP what hath occurred since. I beg pardon for this tedious accompt, but "the matters contained in it are of importance and necessarv for vo r information to be communicate to her Ma*. [Not signed. Endors. d : 4 Aug. 18, 1705, L*. Seafield.'] [Not autograph. Handwriting as in other non-autograph letters of Seafield.] /. 290. Edr., August the 26. 1705. My Lord, — The enclosed Memorial is for her Majesties information, if your Lop. find it necessarie, and my Lord Commissioner transmitts the unanimus advice of al the Servants he called ; which agrees with the informations I sent formerlie, tho, till now, I offered no opinion. I cannot approve of what the Xcu Pairtie hes done, and of which the Memorial gives a true accompt. Yet I doe not discurage them to expect a share of her Majesties favour if they will not insist to have the royal assent to the acts for limitations, and if they will give a suplie and a plan act of treatie. I dare not keep a closs correspond- ence with them for fear of giving jealousie, and ther arc so great de visions amongst us, it is difficult to know what to say, bot more difficult to know whom to trust, and al that is said or done is judged by the event. The D. of H. is violent against me, because he thinks me joined with D. Q. The Xeu Pairtie also thinks so, bot' I tell them that FIRST EARL OF SEAFIELD 77 I most serve the Queen and animosities amongst the Servants most be avoided, and, if they wish to prevail in ther Court interest, they most serve the Queen and en- deavour to prevent confusion in this countrie and to promot a good correspondence betwixt the two kingdom-. I belive the Neu Pairtie will vet be assisting to bring this Parlament to a good issue, bot, if they bleam the Servants for opposing the limitations, they are to bleam, for wee offered to concur in the setelment made in the 41. and thk was the loest degree of monarchic, bot what is now voted is plainlie a Commonwealth, and the trienial Parlament is voted in the Queens reign. Wee agreed to this on the successor, so wee have gone the greatest lenth to pleas them. The Lord Belhaven is much concerned to under- stand that your Lop. hes information of what he said when wee wer endeavouring to have the nomination of the Councelours of Tread left to the Queen. What he said was, indeed, almost what you have heard, bot I belive he intended it against other English lords. Houever, I wish nether he nor others of the Neu Pairtie be discuraged till al is ended, my onlie concern being for success. Ther is a letter from the Councel too her Majestic sent to Sir David Nairn, advising the granting of passes to Scots ships for ther securitie in ther tread with France and Spain, thk being agreable too the treatie with the States of Holand. Without wee had done this, the merchants wer to have applyed to the Parlament, so wee thought it better to send this letter, which, wee hope, will be granted. As for what your Lop. wreats of haveing a Scots Councel about her Majestie, that would be found no expedient, as I have told your Lop. on other occasions, so shal say no more of it nou. I am. with al respect, my Lord. etc.. SE AFIELD. [Edinburgh. August 26. 1705.] My Lord, — In my last I give yo r LoP ane accompt of the voting of the act of limitations on the successor, q r by the nomination of the Officers of State, Council, and 78 LETTERS OF JAMES OGILYY AUG. Session is to be by the Estates of Parliament. The next limitation proposed was that of a trienniall Parliament and the excluding of the managers collectors, and farmers of the revenue from being members of Parliament. Wee did not oppose this act as a limitation on the successor, for. if the Parliament was to choise all the servants of the Government, it seemed very reasonable that a Parliament should not continue any longer than three years, and that lykewise the servants, collectors, and others of the customes and excyse should be incapable of being both members of Parliament and collectors att the same time, but wee thought it very unreasonable that this limitation should take place in her Ma ts own reign. The reasons wee gave were that her Ma^' having accepted of the Crown in the terms of the Claime of Right, her prerogative was y r by much restricted, when we consider the Acts of Parliament establishing the prerogative of her royall predecessors. However, her Ma 1 ? is not desiring the prerogatives of the Crown now to be enlarged, but willingly governs us according to the Claime of Right and standing laws of the kingdome. 2 C /. Her Ma**' doth use all the prerogatives of the Crown for our advantage, and has no other design in keeping of them but to protect us and doe us good, and that it is never a proper time to restrict the prerogatives but when they are extended and streatched to the prejudice of the people. It was reasoned, on the other side, that this was no limitation on her Ma*y ; it was only a regulation and rectification of our constitu- tione and that England had the same priviledge presently, and, when it was enacted, was not considered as a limita- tion, and that her Ma** would certainly grant it to us, if it were found by the Parliament to be for the advantage of the nation. It was replyed that whatever restricted the prerogative was a limitation and her Ma^' att pntt may continue this Parliament longer than three years, and the putting her Ma^' under a necessity to dissolve it was certainly ane alteration of the constitution. The excluding of the servants of the revenue from being members of Parlia- 1705] FIRST EARL OF SEAFIELD 79 ment is a novelty and did insinuate that y r could be a separate interest betwixt her Ma 1 ^ and her people. But, after long and full reasoning, it was putt to the vote and, the Cavaleer and New Party joyning in this and the vote being stated if this act should take place in her Ma ts reign ir on the successor, it carry ed by a majority of sixteen votes to take place in her Ma ts own reign. The next point in this act that fell under our considera- tion was the commencement of it. The Duke of Hamilton proposed that this Parlia u should terminate the first of Novem 1 next. Some proposed to May and oy rs to the first of Novem r , 1706, but the Earle of Marchmont and the New Party proposed that this act might look forward and have no restrospect, and y 1 , y r for, it might be so enacted that her Ma^ might continue this Parliament till the end of August, 1708, qch was three years. With this wee joyned, since it was offered so that her Ma^ might dissolve it sooner, if she thought fitt, so, it being putt to the vote, to continue the Parliament, if her Ma^ pleesed, for one year or three, and it carry ed three by a majority of 32 votes. Thereafter seralls proposed that this act should take place against the servants of the revenue sooner, but after some reasoning this was let fall as unreasonable. Then it was proposed that, att least, the collectors of the revenue should not be capable to be elected members of any new Parlia u whenever called, and to this wee were necessitate to agree, for wee found it would carry. Then the Duke of Hamiltone proposed that the generall receaver of the revenue might lykewise be incapable of being a member of Parliament. This I took as designed against myself, because S r Alex r Ogilvie is my near relation and has allwayes followed my opinion in publict bussines, but, having had some intelligence of it before that it was designed, S r Alex r and I had it pretty well prepared, and, y r for, not to trouble yo r LoP with the reasoning, the vote was stated, ' add the generall receaver or not,' and it carried in the negative by a majority of 87 votes, so that his Grace had better let this proposition alone. 80 LETTERS OF JAMES OGILVY [aug. The act being y r after putt to the vote, it was carried by a considerable majority. The ffour sederunts appointed for trade and the other four for limitations being past, her Ma ts Servants resolved they would propose a supply, the funds being out and the army now maintained on credit, and wee appointed my Lord Thesaurer Depute to make the proposition, and with it to give in a state of the funds that were granted for instructing that they had been duely applyed. There were many speeches made against this — to this purpose, that there was much necessary to be done for the good of the nation and that acts of supply uses to be the last, that some acts concerning trade had been voted but had not yet receaved the royal assent. There were also regulations and limitations voted, but, if this session of Parliament were adjourned before they receave the royall assent, they would also fall and signify nothing ; that supplies could not be effectuall before the terme of Martimas, and that, y r for, there was time enough for passing acts of supply after the nation had gott satisfaction in other matters. Some spoke for a treatty and others about necessary acts of trade, especially if the English acts 1 took place after the 25th of Decern 1 next, and many spoke against supplies. Wee answired that her Ma^ s Servants had been very unwilling to insist for a supply till the oy r affairs of the nation had been compleetted, and y 1 this did plainly appear, for the Parliament had continued eight weeks upon trade limitations, and other matters ; that, now the supplies were out, that the Army had been allready a moneth supplyed on credit ; that the Lords of Thesaury could doe no more. Supplies must now be granted or the army disbanded. Though wee had litle money in the kingdome, yet what wee gave would circulate, and it is necessary for supporting the Government and securing us against the attempts of our enemies, both att home and abroad. After long reasoning, it was proposed to give 1 The English ' Alien Act.' 1705] FIRST EARL OF SEAFIELD 81 the act of supply a first reading, but, previous to a second, that ane act of treatty and the branches of trade men- tioned in the English act be first considered, and that wee should also enact such laws as are necessary for ballance- ing the export and import for our advantage. Wee found the New Party inclyned for this, so all wee could doe was to reason to this purpose, that it was very reasonable to consider all these particulars, but in a large sense they might be called a mare magnum, and, before wee could gett through, the army would be disbanded without a vote, qch wee beleeved was not the intention of the Parlia- ment. However, a refusall, by prefering these particulars, would be as plain and clear as passing a resolve for dis- banding of the army. This free reasoning had some influence on the New Party, and, y r for, they were willing to restrict the proposall to ane act of treatty and the con- sidering the clauses contained in the English act of treatty. Wee found this would carry, so wee aggreed to proceed in that way, but the Cavaleer Pairty were very unwilling to come to any vote in this matter and pressed extreamly the generall clause that they should proceed to acts for regulating the export and import, but, the vote being putt, to add this generall clause or not to the proposall had been made by the Earle of Rothes, it carried in the negative, and in this the New Party joined with us, so that now wee have only before us the supplies and the act of treatty and the considering the clauses in the English act in caise they take place after the 25th of Dec 1 ". The act of supply receaved a first reading, and wee appointed the next sederunt to proceed on the treatty, qch accordingly wee did, and reasoned above seven or eight hours upon it. The New Party was unwilling to shew there inclinations, but proposed a delay, and, it being late, wee all aggreed to it. All that remains to acquaint yo r Lop. of is, that the Duke of Athole and Duke of Hamiltone did insist to know if the address of Parliament, desyring the papers and depositions qch had been before the Parliament of England concerning the Plott to be sent downe and sisted before F 82 LETTERS OF JAMES OGILVY [aug. this Parliament, had been presented to her Ma 1 ^, and what answire had been given to it. The Duke of Hamiltone made a long speech shewing how much the honour of the nation was concerned in it, and said, as a part of his speech, he would read the coppy of the Duke of Queensberries letter to her Ma^ whereby he pretended that many persons were accused. The Duke of Queensberry made answire that, in the station he was then in, he was oblidged to represent to her Ma^ what informations he receaved, though he had given very little credit to the informer. However, he was willing that a day might be appointed for inquiring to this whole affair, which had made so great noise, and in this he aggreed with the Dukes of Hamiltone and Athole. I said I differed from all the three Dukes in this matter. I was very sensible there had been a plott and that the Duke of Queensberry was oblidged to transmitt what informations he had receaved. Att the same time, I beleeved Simon Fraser had been very calumnius in his representationes, yet a great deal of what he said had been confirmed by others ; that the hazard of this plott was now over if, by inquiring into it, wee did not raise new animosities among ourselves. The Duke of Hamil- tone and Duke of Athole did insist to have a day appointed and the Duke of Queensberry did aggree. So the Comm r did speak to the House and acquainted them that he had a letter from her Ma^ to himself, qch he would consider and acquaint y m with her Ma ts pleasure betwixt and the third sederunt of Parliament this week, qch I belecve will be on Friday next, so this matter stands att pritt, and is all I have to acquaint yo r Lop with concerning the pro- ceedings of Parliament. [Unsigned. Endorsed: < Aug. 26, 1705. L d Seafield.'] [Not autograph. In the same hand as Seafield' s other non-autograph letters.] / 296. Edr., Septr. the 2d, 1705. My Lord, — I am confident your Lo. will be verie weal pleased with the neus of our succeeding in the act of 1705] FIRST EARL OF SEAFIELD S3 treatie, the accompt of which is contained in the inclosed Memorial. I have seen the Earle of Roxbrough since, who goes to morou to the Bath for Ins health. He satisfied me that he had done al he could in his praesent circum- stances with regaird to the treatie, for some of the pairtie did not vot, and E. of Marchmont and some others joined with us. whom he thought he could have influenced. Houever. he did not alou me so much as to wreat this to your Lop. So I hope you will take no notice of it, not to himselfe. unless he wreat so or speak to this purpose if he wait of you. He praetends to have a desire to be imployed : bot pairted verie friendlie with me. I desired he might stey till the suplys wer granted. He said he belived that would be caried, and he hoped the Xeu Pairtie would assist us. I desired he might recommend it to them. He said he would. If your Lop. take anie notice of this, leat it be by a seperat letter, for I oun no corrispondence with anie of the Xeu Pairtie, and I am sure the Commissioner and D. Q. makes me great complements and ouns I have given them greater assistance then they could have ex- pected. I value this act of treatie more as the supliees. tho thes are also needful. I shal wreat fullie when al is past, and I hop I shal have the continouence of your friendship, and shal ever continou, with al sinceritie and respect, my Lord, etc., Seafield. The D. of Q. intreated me to wreat in favours of the Duke of Douglass 1 that Ins alouence from her Majestie may be augmented to 400 pound. He hes at praesent onlie 200 pound. This will be oblidging to al the familie of Douglass. [September 3, 1705.] /. agBL My Lord, — I acquainted yo r Lop in my last Memoriall that wee had given a first reading to the act of treatty. The next day was imployed upon hearing of causes ; Thursday was appointed for takeing into consideration the papers concerning the Plott. The Comm r signify ed 1 Archibald, 3rd Marquis of Douglas, created Duke of Douglas, April iS, 1703. 84 LETTERS OF JAMES OGILVY [SEPT. her Ma ts answire to the address to this purpose, that she had had the same under her royall consideration, that she was desirous they should avoid all things that might occasion animosities ; however, since they had desyred, she had given orders for sending down the papers that had been before the Parliament of England, but that the witnesses, by the laws of that kingdome, could not be sent but by there own consent. He also spoke to the House himself, and, wee thought, to very good purpose. But his Grace will no doubt give ane acco n of this himself. He also acquainted the House that some of these papers were allready come and that he expected the rest, and my Lord Secretary Loudoun did thereafter deliver them in to the Clerk-Register. The Dukes of Hamiltone and Athole moved that the address might be read, qch was done. Then the Duke of Athole made a long speech, how he had been maltreatted by the Duke of Queensberry, and read out of the printed narrative the coppy of the Duke of Queensberries letter to her Maty concerning the Plott, and spoke a great deal of his own innocency. The Duke of Hamilton spoke much to the same purpose, as did my Lord Belhaven. The Duke of Queensberry and his friends and all of us that are her Ma ts Servants spoke very little, but in the end the Duke of Hamilton and those others I have mentioned proposed that y r might be a new address to her Maty for these letters of the Duke of Queensberryes and oy r papers which had been before the Parlia n of England and not yet sent down. This wee opposed as unnecessary and unfitt, because her Maty had given orders allready, and wee had reason to expect that the papers would come very speedily, and so this was laid aside for that time. But it was ordered and appointed that against Thursday next the witnesses that were in this place, particularly Campbell of Glendaruell, Captain M c leoud, and Mr. M c kenzie should be cited to attend ; so, if they will insist upon it, I know not but most of the members doe inclyne that y r should be no more of this matter, att least, in this session. Upon Friday the act of treatty was again read. The 1705] FIRST EARL OF SEAFIELD 85 first debate, qch was proposed by the Cavaleer Party, that the Comm rs might be restricted by the act for treat- ting of any thing but a federall union and spoke much against ane incorporating union. Wee did, on the other hand, argue the great advantages of a treatty and the good correspondance with England and that wee thought the powers of the Comm rs should be as large as these con- tained in the English act and that the Treatters might perhaps find it necessary to treatt the termes not only of ane intire union but of a federall union and the adjusting of commerce betwixt the two nations, that the two Par- lia ts might have a full view of the best method of estab- lishing a solid union and good correspondence betwixt the two kingdomes. The New Party did att first appear favourably for our opinion, but, att last, they joined with the Cavaleer Party that the Treatters should be expressly prohibited to treatt of any incorporating union, but the clause was conceaved in other words, yet had this import. I had serall friends whom I could not intirely influence in every thing, but in this I prevailed with them and, the vote being stated, to add that clause or not, it carried in the negative, so that, with regaird to the powers, the Conun rs are no waves restricted. The Earle of Marchmont 1 joyned with us in this matter and left the New Party. Wee proceeded no further on Friday but to adjust the common and usuall clauses that have been in all acts of treatty. Upon Saturday the Parliament mett again, and then the Duke of Athole presented a clause, qch he desyred might be added, viz., that the Comm rs to be named by this act should not commence any treatty until! by ane act of Parliament in England the clauses q r by wee are declared aliens and the other minatory and prohibitory clauses concerning our trade in that act be rescinded ; 2 1 Sir Patrick Hume, afterwards (1697) 1st Earl of Marchmont. - The English Act. entitled 4 An Act for the effectual securing the Kingdom of England from the apparent dangers that may arise from several Acts lately passed by the Parliament of Scotland, 5 was the reply by the English Parliament to the Scottish Act of Security. 86 LETTERS OF JAMES OGILVY SEPT. and there were many speeches made against the injury wee had receaved by these clauses, but more particularly of that declaring us aliens and that. y r for, it was most dishonourable for us to treatt before these clauses were rescinded. Wee found that all the parties were lyke to unite not to treatt whilst wee were declared aliens, so wee were necessitat to argue only that it was unfitt to have such a clause in the act of treatty, and that, as to the other clauses on our trade, wee did not doubt but that, if a treatty were set on foott, these would be adjusted. Att last, wee found it necessary to aggree that by ane address or instruction wee should so order it as that the Comm rs should not enter on the treatty till the clause declaring us aliens be rescinded, but that it were hard to insist that her Ma 1 *' should give the royall assent to ane act that contained such clauses in it, she being the sovereign of both nations. Att last, the New Party, severalls of them, spoke and joyned that it was necessary for vindicating the honour of the nation that this clause should be in the act, since the clause declaring us aliens was in the English act, so we were necessitate to let it goe to the vote in these terms, add this clause to the act or doe it in a separate way by address or instruct ione, and wee carried it by a majority of 3 or 4 that it should be done in a separate way. 1 Before the stating of the vote the Duke of Athole gave in a pro- testation against the act in caise this clause did not carry, to which protestation the New Party adhered and joyned, so that wee were in great concern to prevail in this and thought it a great victory. All that remained of the act to be adjusted was the way and manner of the nomination, so I stated in the debate that it behoved either to be done by leaving it to her Ma**", as was done in the year 1670, where it was left to King Charles the Second, and the year 1700 it was left to 1 It was carried, on the motion of Queensberry, that in a separate Address to the Queen she should be informed of the indignation of the nation at the interference of the House of Lords in Scottish affairs. 1705] FIRST EARL OF SEAFIELD 87 the Queen, or it behoved to be done by the Estates of Parliament. The Duke of Hamilton called to be heard and made a very handsome speech. He said he was sorry there were so great division and animosities among us as that he was certain wee could make no good nomina- tion in Parliament, and he had a great deal of trust and confidence in her Ma^ our soveraign, and, y r for, he pro- posed the nomination might be left to her Ma^. With this proposall, you may be sure, wee heartily joyned. His party was surprysed, as was also the New Party, and they proposed that the determination of this might be delayed till the next sederunt, and some of the Cavaleers had pretty sharp speeches against the Duke, but he said very boldly that he had told his opinion and saw no reason to retract it, and moved that the vote might be stated, proceed or delay to the next sederunt, and it carryed, proceed ; and then the Duke renewed his proposall again, on which there was a closs debate for some time. In the end the Marquis of Twedale, the Earles of Rothes, Rox- burgh, Haddingtone, and serall others of that party spoke. What the Earle of Roxburgh said was as near as I can remember in these words, that he had joyned in a pro- testation against the act if the clause was not carried, qch I formerly mentioned, and, y r for, he would be oblidged to vote against the whole act, and so would not make her Ma*?, for whom he had a great deal of veneration and respect, the sham complement of leaving to her the nomina- tion. Wee all acted our parts and proceeded firmly in the matter and putt it to the vote, whether the nomina- tion should be by the Queen or by the Parliament, and it carried that it should be by the Queen, and the Duke of Hamilton did vote for the Queens nomination. This wee carryed by a greater majority, because Twedale and Rox- burgh did not vote in this, though most of the New Party did vote for the Parliament, and thus yo r LoP has the history of the whole act, only that the Cavaleer and New Party shew a great inclination to have the act throwen out. However, wee proceeded to the vote, approve the act or not, and it carryed by a considerable majority, 88 LETTERS OF JAMES OGILVY [sept. approve, and so there is now voted a plain act of treatty leaving the nomination to her Ma*y, qch I am very hope- full, if rightly managed, may be the foundation of a lasting setlement betwixt the two nations. I beleeve the Comm r will give the royall assent to it how soone he has ane answire to the last flying pacquet wee sent of this day seven night, and I am hopefull wee shall also gett the supplies. All that remains to be done is that her Ma^ effectually prevail with the English Parliament to rescind that clause in there act declaring us aliens, qch cannot doe the least prejudice to England, and, if this is refused by the English Parliament when wee have desyred it in the most discreett manner and att the same time left to her Ma*y the nomination of the Comm rs , then it will be thought universally in this kingdome that the English doe intend no good correspondance with us, and I am per- swaded that now yo r LoP may have the honour of com- pleetting what you have been sincerely endeavouring these serall years past. But I shall say no more in this Memoriall, hopeing to have ane oportunity of writting more fully when the Parliament is ended. I shall now only say that, since the carrying of this act, there is a generall satisfaction amongst those who wish well to the pntt setlement, and I know that the New Party are well enough satisfyed with it, for I have seen some of them since who have said so to me. [No signature.] [Endorsed :] ' L d Seafield. No date.' [Not autograph.] [21 Septr. 1705.] My Lord, — I have receaved the honour of yo r LoP s of the 15th from Windsour, and it is a great satisfaction to me to know from so good a hand that her Ma^ is satisfyed with what service I have been capable to perform in this Parliament. Perhaps every thing is not so well done as wee wished, yet the Parliament has had ane issue very farr beyond what in reason wee could have expected as matters stood at the beginning of the Parliament and a 1705] FIRST EARL OF SEAFIELD 89 considerable time y r after ; and, seing yo r LoP does encour- age me to offer any advyce for the future in what may concern her Ma ts service, I shall doe it with all submission and fidelity. I think much depends upon the unity of those imployed in the service for this end. Many of the most considerable of the Servants did propose the setling of the Secretaryes office in such hands as will make this there measure and prevent her Ma ts having the trouble of different skeames, and I am very glade to find that what was desyred of changing the Marques of Annandale 1 from Secretary to be President of Council and one of the Thesaury and of conjoyning the Earle of Marr with the Earle of Loudoun is so agreable to yo r LoP s opinion, and that the only difference is as to the time of doeing it. The Comm r , the Duke of Queensberry, and those others, who write again on this occasion,, doe still think that it were of the greatest advantage to make that alteration now, for, if the Marquess of Annandale be allowed to come up in the prospect of being Secretary and after having ordered the affairs of his family in that view, ane alteration will be certainly very uneasy to him, and, though the removing him from Secretary now may be a disappointment to him in his ambition of governing, yet the setling him so well here will be for the solid advantage of his family, and, though he may be very usefull as a servant kept within bounds, yet, as Secretary, he would soon either lose him self or others that are more necessary for the Queens service. The Queens great advantage in this is that the Servants, being once setled and out of all jealoussies of one ane other, and, if they find themselves too waike to under- take the next Parliament, they will easily aggree to allow of such changes as may be att that time most usefull. The doeing of this will also prevent the desyres of some 1 William, 1st Marquis of Annandale, one of the two Scottish Secretaries of State. Opposed to the Union, he had quarrelled with Argyle, and was dismissed from office. From his own correspondence it appears that he was really convinced that the settlement of the succession was a preferable measure to a treaty. 90 LETTERS OF JAMES OGILVY [sept. of the Servants from comeing up, who otherwise will not reakon them selves secure. The Parliament ended this day very calmly and is ad- journed to the 20th of Decern 1 ". 1 Those acts receaved the royall Assent, for qch my Lord Comm r had her Ma ts instructions. The acts concerning the limitations, 2 tri- ennial] Parliament, and the nameing of ane ambassadour have the negative. The two last were most desyred. However, there will be time to consider of these before the next Parliament. Wee have supplies for maintaining the Forces, so I hope no disorder shall happen within this kingdome, and there is ane act of treatty, qch, I hope, may be a mean of setling ane intire correspondence betwixt the two nations. Seing her Ma^ hath the nomination of the treatters for both kingdomes, much depends upon this, and I am very hopefull that the English will make a right use of this oportunity and that yo r LoP, under her Ma l >", will have the honour to establish what hath been so much desyred and difficult to obtain. The Parliament had continued a day or two longer, but wee found that our opposing party would probably have insisted on ane address to her Ma** to have called the Parliament in the next spring, whereas the funds, rightly managed, may, in caise of necessity, subsist the troops and garrisons to August, and, whatever may happen, it is good to have time. Before the instructions came by the last flying pacquet the merchants brought in a petition to the Parliament desyring there recommendation of the Estates of Parlia- ment to her Maty for passes to protect them in there trade with France and Spain against her Ma ts ships and those of her allies, the States of Holland. This wee diverted the first sederunt, but the next they insisted upon it again, and the petition was presented by the Marquis of Tweeddale and seconded by the Dukes of Hamiltone and Athole. And many of our ow n friends inclyning to have 1 It did not re-assemble till October 3, 1706. 2 The 'Limitations' on the royal prerogative proposed by Fletcher of Saltoun. FIRST EARL OF SEAFIELD 91 it, because the French trade is the foundation of our customes and the encouragement of our fishing and support of the government, wee, therefor, yeilded for preventing ane address that it should be marked in the minutes that the Estates of Parliament recommended to my Lord Comm r to represent to the Queen there concern in this matter. Sir David Xairne 1 can show yo r Lop what past concerning this in the printed minutes. I cannot conclude this memoriall without giving my testimony to my Lord Comm r that he hath served her Ma^" in that station with very great fidelity and concern, and I must also own that the Duke of Queensberries friends have given very great assistance since he came to Scotland. S r David Xairne sent down a warrant for a remission to be past the great seal in favours (as I suppose) of all Greens crew, but, the names not being insert in the warrant, I could not pass it. It was sent to my Lord Comm r , and I have given his Grace the names, and he will certainly transmit t them with the warrant to S r David Xairne to be insert y r in, and, if it be returned by a flying pacquet in answire to this, it will come in time. [Xo signature.] [Endorsed :] 4 L d Seafield. Xo date or year.' [Xot autograph.] Edr., Septr. the 22d, 1705. /.SIS. My Lord, — The inclosed Memorial contains al that occurrs to me at praesent. I find the Commissioner and the Duke Queensberrie verie hopful that what they have proposed concerning the M. of Annandale will be granted nou, and, if not, they will certanlie desire some of the Servants to be called. 2 The Commissioner hes said so to me this morning. The sooner wee have her Majesties ansuer it will be the better, for al that is needful in Councel, Thrsesurie, or Exchequer will be done this week. I hope your Lo. will be pleased to leat me know her Majesties 1 Under-Secretary of State. 2 Annandale was offered the office of Lord Privy Seal, of which he had been deprived, and which he now refused to accept. 92 LETTERS OF JAMES OGILVY [sept. 1705 commands, to which I shal give al obedience. Ther hes been insinuations to me to goe if Annandale continou, bot doe in this what your Lo. thinks best for the Queens service. Bot if the Commissioner desire me, be pleased to let me know what I shal doe, for the Queens letter to his Greace stops al the servants, unless they ar called, and what your Lop. wreats in ansuer to this may be in a seperat letter. I am, with al respect, my Lord, etc., Se AFIELD. /• 322. Edr., Octr. the 6, 1705. My Lord, — That her Majestie has been pleased to remove my Lord Annandale from being Secretarie to his former post will be found for her service and the satis- faction of her servants and his oun advantage, tho, at present, he seems disatisfied and sayes he will not accept till he sees the Queen. I would have writen fulie of this and concerning her Majesties other affairs, bot her Majestie, in her last letter to my Lord Commissioner, having called me to London, I shal forbear till meeting. Since the Parlament wee have had frequent meetings of Council, Thraesurie, Exchequer, and I hope to be able to give her Majestie ful accompts of al her affairs in this kingdom and to leave al things in peace and good order. The Earle of Mar being nou Secretarie, his regement cannot be better dissposed of then too the yong Laird of Grant, who has a good esteat and great influence both in the Parlament and the countrie, and has behaved verie weal in the Parlament. My Lord Commissioner has written of this to Sir David Nairn and desired me to wreat of it to your Lop., which I doe most willinglie. The D. of Q. seems resolved to excuse himselfe from coming up for some time because of his privat affairs, bot it was verie right to call him. I had, indeed, much to doe also in my privat business, bot I have laid thes aside, since it is like Scots affairs may be under her Majesties consideration about the time of the meeting of the English Parlament. I con- tinou, with al respect, my Lord, etc., Seafield. oct. 1706] FIRST EARL OF SEAFIELD 93 [1706] Edr., Oct. the 4>th, 1706. / 318. My Lord, — I prsesum by this to send your Lo. a copie of my speach to the Parlament, 1 which I intreat you may doe me the honor to deliver to the Queen, for I have nothing worthie her Majesties trouble to wreat to her or I would have prsesumed to have sent it by a letter. After her Majesties letter was presented and redd, and when my Lord Commissioner and I had made our speaches and that thes wer ordered to be printed, I told them the articls of the treatie wer readie to be reported to them, so they wer redd and ordered to be printed. The Duke of Hamilton and several others desired that the minuts and journal book of our proceedings might also be printed. I said that by the Act of Parlament on which the treatie proceeded wee wer onlie oblidged to report to the Parla- ment the articls agreed on, bot for ther satisfaction the minut book shal be presented nixt sederunt, and, if therafter it should be thought necessarie to print it, it might be then ordered. Bot, when we found them con- tinou to desire it might be immediatlie ordered to be printed and that it would occasione a delay, wee did, therfor, agree that it should be printed and it was ackord- inglie ordered. Wee had a great majoritie in the House yesterday, as apeared in a vot wee had concerning the admitting Sir Alexander Bruce as Earle of Kin[c]airne. The vot was stated, ' admitt or hear my Ladie Marie Bruces prsetentions.' Wee caried it to ' hear befor admission.' He is certainlie to be against the Union, therfor all that pairtie wer for admitting him prsesentlie. I belive he will carie it nixt sederunt, bot wee onlie took this opportunitie to trye. I find they have not yet joined in ther measurs concerning what they will oppose to the Union. Some, 1 The Parliament had met on October 3 — the day before this letter was written. 2 Sir Alexander Bruce of Bromhall had his claim to the title of Earl of Kincardine recognised during this session. Lady Mary Bruce was heir of line. 94 LETTERS OF JAMES OGILVY oct. as I hear, are for setling the successor presentlie with limitations and with a condition that England grant a communication of tread ; others are for altering the articls of the treat ie, which last is in my opinion the most dangerus measur. For. as [sic] I onlie wreat this for your Lops, privat information, as I also send you my Lord Advocats peaper, of which I promised you a copie, bot I wish none els to see it, because I hope stil that he will concurr, and, if your Lop. on occasions wreat me two letters, I can wreat with the greater freedom. The Marques of Annandale and al he can influence, as I hear, are to oppose the L'nion. He did not wait of the Com- missioner yesterday, bot the Duke of Hamilton and the Xeu Partie did. The D. is, as I hear, violentlie against the Union, bot knows not hou to unite his pairtie. I shal doe my diutie faithfulie to obtain the L'nion and my friends will al concurr with me. I shal writt to none of the English that treated with us till somthing occurr worth ther noticeing. I hope for the continouence of your Lops, favour in leating me know her Majesties commands, and I am, with al respect, my Lord, etc., SE AFIELD. I hope you will excuse the manie faults of my speach. It is a great disadvantage to speak on the same subject after the Queens letter and my Lord Commissioners speach, bot I hope it will be found to be weal intended. f. 324. Edr.. Oct. the IUK 1706. My Lord, — Since my last nothing has occurred befor nou worth your Lop. trouble. I have taken al the methods I was capable to use to keep the Neu Pairtie from con- joining with our Torie Pairtie, and the Marques of Montrose has concurred most activlie in this, and I doubt not bot that they will al concurr with us, which, I think, will make the cariing the Union certan. The Earle of Eglin- toun, Cromertie and severals of the moderat Tories gives us hops, bot what our opposers begins with, is to obtain a delay till ther constituents be informed, since, as they i 7 o6] FIRST EARL OF SEAFIELD 95 say, the constitution of this kingdom is intierlie altered by the treatie. Some of them spok out this plainlie in Parlament yesterday, bot ther chiefe managers insisted on a delay, even not to read or receave the articls under our consideration till the records of Parlament wer made patent to the members that they may have information of what had been done formerlie att treaties of union and commerce, and some moved that al that was on record concerning thes maters might be printed, bot this last point was let fall, and it was agreed that anie of the members might see the records and take information, and I belive it will prove for our advantage. Then it was proposed that, befor wee proceeded further, that ther should be a national fast appointed that wee might beg direction from God Almightie in this great affair. The Earle of Marchmont, my Lord Justice Clerk, Jerriswood, and severals oppos'd this, and wee had by what was said in the debeat the assistance of the whol Neu Pairtie, so it was lett fal for that time ; bot wee know that our opposers will endeavour to bring this again upon us by influencing the Commissioner of the Assemblie to desire that a fast may be appointed. Wee have prepaired the best wee can against this. We have spok to al our friends that are members of that Commission and to several ministers, and your Lo. shal be accquanted with what shal be done. The movers of the fast wer the highest Tories. 1 The artecls wer after al this reedd, but nothing was spok for or against them, bot it was agreed that wee should proceed to the farther consideration of them on Tuesday, to which time the Parlament was adjorned. I think the Neu Pairtie deservs al incuragement, if they continou to doe as they have begun. All our treaters continou fixed to what they did, bot wee belive Mr. Lockart of Carnwath will be against us. The E. of Cromerties friends are not 1 It was the hope of the Opposition that the Commission of the General Assembly, a permanent body appointed to look after the interests of the Church, would petition the Parliament to sanction a fast : if the Parliament should refuse, this would further embroil the Government with the Church and throw fresh obstacles in the way of the Treaty. 96 LETTERS OF JAMES OGILVY [oct. yet come, so I cannot yet wreat concerning them further then that he and his brother sayes they will be hier verie soon. My Lord Rankilor, on of the Lords of Session, is dead, and was a Parlament man and verie much for the Union. Ther are manie pretenders to his place ; he was also of the Justice Court. Al I shal writt on this subject is, if it is disposed of during the Parlament, manie will be disoblidged, and, tho it is not to be noticed that I give this opinion, yet I have said to the servants that I belived that the Queen would delay the disposing of this post till after the Parlament. The Justice Clerk has been most earnest with me to wreat this to your Lop. The Duke of Argyl is nou with us, 1 and seems readie to concurr, bot both he and his brother are most pressing with the Com- missioner, the Secretaries, and myselfe, to desire that her Majestie may conferr on my Lord Archbald the title of ane Earle, and what ever objections ther may be to this, and of which they are fullie accquanted, yet I am sure they will not be pleased unless it be granted, and it is certanlie necessarie to keep them right at present. I promised my Lord Duke to concurr in using my interest, which I could not refuse, for I am much oblidged to him. Your Lo. will easilie determin what is fit to be done. I am for al measurs [that can] strenthen us in the carving the Union, and, if I be favored with ane ansuer, I desire it may be such as I may shou to my Lord Duke. I forbear to give your Lop. further trouble, and I am, with al respect, my Lord, etc., Seafield. The Marques of Annandale has not visited the Com- missioner as yet, and in al thing appears against us. Edr., Oct the 16, 1706. My Lord, — What occurred yesterday in Parlament gives so good hopes of success that wee thought it neces- sarie to accquant you with it by this flying packet. Our opposers proposed evrie thing they thought could perswad 1 It was only after receiving the commission of a Major-General that Argyle consented to appear in Parliament and support the Union. ;- FIRST EARL OF SE AFIELD 97 the Parlament to delay entering upon the consideration of the articls of the treatie for a considerable time that they might have the opportunitie of geting instructions from the shirs and broughs concerning the Union. I shal not trouble your Lo. with the debeat. bot they found they could not carie anie considerable delay, and. therfor, at last, the Lord Belhaven and the Marques of Annandale proposed at least that wee might grant a further delay, onlie for eight dayes, bot the Xeu Pairtie, I mean, the Marques of Tueeddal. Rothes. Roxborou, Hadington, Marchmont. Jerreswood. and al their friends and several others who had been in D. Hamiltons pairtie having con- curred with us in the debeat, and the E. of Roxborough having fullie declaired his opinion in favours of the Union and that I perceaved that the strenth [of] both pairties would appear by this vot, it was stated, proceed nou to the consideration of the articls of the treatie or delay till the first sederunt nixt week, and it caried to proceed by a majoritie of sixtie six. The Marques of Annandale had feu or none of his friends concurred with him, and I belive, nou that he sees the L'nion in so fair a way., he and several others will join with us. I doe al I can to incour- age the Xeu Pairtie, for its of great consequence to have a considerable majoritie, and severals of them are men of qualitie and of good esteats. Al her Majesties Servants and ther friends acted ther pairts faithfullie. The Com- mission of the Assembhe have also acted verie prudentlie in the mater of the national fast, for they have appointed Friday nixt to be a day for prayer for direction to the Parlament in the great affairs before them, so that I belive that of the national fast is laid aside. It is said the opposers will try ther strenth against the intire union and propose a neu treatie for a federal union, bot they will also lose this. The greatest difficultie will be that amend- ments or alteration of some of the articls will be tryed, bot I hope wee shal succeed in this whol affair, and beside the satisfaction I have in thinking this will be a great advantage to the whol iland, it rejoises me to think it will be verie satisfying to her Majestie to have this great G 98 LETTERS OF JAMES OGILVY [oct. affair accomplished in her reigne, and, therfor, I shal doe al that is in my pouer in this mater, for this, added to the glorius sucesses that her Majesties forces and thes of her Allies have attained, will make your Lo. administra- tion under her Majestie most acceptable to us and our posteritie. I am, with al respect, my Lord, etc., Se afield. Wee readd the first article of the Union and the minuts relating to it, and explained them and adjurned the further consideration of the articls til the nixt sederunt, which is Thursday nixt. / 314. Edr., Octr. the 2d [? 21], 1706. My Lord, — The inclosed Memorial is so long that I shal offer your Lop. no further trouble bot to accquant you that the Neu Pairtie, both in Parlament and Assemblie, gives us al the assistance wee can desire, particularlie my Lord Roxbrough, the E. of Marchmont, and Jerveswood. The Duke of Argyl is so usful to us that wee al agreed that he might exped his brothers patent when he pleased. 1 So he hes sent it to the seals, and he oblidged the Com- missioner also to exped his son my Lord Charls patent. As for the vacancies of the Session and Justice Court, thos, I belive, will be delayed till after the Parlament. The Memorial, tho it may be used for information, yet I hope my having writ with so much freedom will not be knowen bot wher it is necessarie. I am, with al respect, your Lops., Seafield. /. 330. Edr., Novr. tlie Sd, 1706. My Lord, — I know my Lord Commissioner and the Secretaries takes care to send your Lop. ane accompt of what occurs, which makes me unwilling to give your Lop. too frequent trouble. I have also great fatige in presiding and more in giving frequent interteanments to the members, which is most necessarie on this occasion. Wee continou 1 According to the Secretary, the Earl of Mar, the passing of the Treaty of Union was due to Argyle above all others. 1706] FIRST EARL OF SEAFIELD 99 to have a majoritie in Parlament, and the Neu Pairtie continus to act verie zealouslie in conjunction with us, as does the E. of Cromertie and Marchmont, so that wee have stil good hopes of succeeding in Parlament, bot great pains is taken in the countrey by the opposers to incense the gentrie, touns, and common peopel against us, and in places disaffected they procure adresses against ane intire union signed by manie of the genlmen of this countrey, bot in other places feu as yet concurr with them, and, if wee can bot pleas the ministers in the securitie of the Church, our greatest difficultie will be over. We stil continou Gairds of the regular forces within the town, and so al continous peaceable. The inclosed copies of the minuts will inform your Lop. what progress wee have made. Wee caried the two questions that wer stated, and then ther was a long deabate upon the first article, 1 which both sids reackoned of the greatest importance, and this continoued til eight at night, by which time wee had been nine hours in the House, and then wee used al possible endeavours to obtain a question, approve of the first article or no. It was proposed, on the other side, to adjorn the debeat, and, when wee offered to state the question, they had alwayes some of ther side offered to speak, and, a delay being much insisted on, some of our oun friends accquanted us that, if ther was a vot stated, proceed or delay, that wee would either lose it or carie it by a smal majoritie, and therafter wee would not have time to obtain the vote of, approve the article or not. The Commissioner, my Lord Montrose, the Secretaries, the Earle Leaven, and my selfe wer accquanted with this, bot the Duke of Argyl and the Neu Pairtie did not know that wee had several of our friends that advised us to delay. At last, I asked if I should order the calling of the vots, proceed or delay, or, would they agree, either to proceed or delay without a vot. Ther appeared a great inclination to delay, and the Duke of Argyl and Niu Pairtie thought that wee should have insisted longer to Enacting the incorporating union of the two kingdoms. 100 LETTERS OF JAMES OGILVY [nov. have this mater determined, and, therfor, seemed to be somwhat displeased when the debeat was adjorned till Moonday. Bot I doubt not bot they will be satisfied when they know what advertisments wee had from our friends. What I acted was with a sincer intention for obtaining the clase to be approved, and I am sure I did resume the debeats and argue the mater als weal as I was capable, and in al the vots al my friends have concurred to the satisfaction of al the Servants. I hope, on Moonday, the article shal be approved and the act for securing the Church presented. I am convinced if wee succeed not in this mater nou, when wee have her Majesties protection, this kingdom will be in confusion befor wee can obtain a setlment, and, if the Parlament had once determened the Union, I hop it will render the peopel peaceable. The Marques of Annandale continous on of the chiefe opposers. My Lord Belhaven had a speach contrived to incense the common peopel ; 1 it had no great influence in the House. 2 If it is printed, I shal send it. The Duke of Hamilton was with the Commissioner and yesterday with me. He sees he will lose his designs in Parlament if wee goe on nou, and, therfor, tells us that the nation is against what wee are doing. Bot I pray God wee may carie the Union in Parlament, so as it may be approved in England, and then I hope al danger of confusion in this iland will be past. I had almost forgot to accquant your Lop. that my Lord Belanden 3 is dead and left a great manie children and almost no estate. He was my Lord Roxbroughs uncle, and my Lord is much concerned that the nou Lord Bel- anden be provided with Lord John Kers post in the Gairds. If Lord John get the leat Lord Belandens, the Duke of Argyl being Collonel of the troop, it most be done by his advice, and, if he consent, my Lord Roxbrough should 1 This was the speech in which occurs the well-known passage beginning, 'I think I see our ancient mother Caledonia,' etc. 2 The Earl of Marchmont's comment on Belhaven's speech was, 1 Behold, he dreamed, but lo ! when he awoke, he found it was a dream.' 3 John, 2nd Lord Bellenden, son of William Drummond, 2nd Earl of Roxburghe. i;o6] FIRST EARL OF SE AFIELD 101 be satisfied ; if not, I think it should at least be delayed till after the Parlament. I have not as yet spok with the Duke of Argyl. I am affraid I have given your Lop. too great trouble. I am, with al respect, my Lord, etc., Seafield. Wee caried the adjoining of the session by a great majoritie, tho al the opposers concurred against us. Edr., Novr, the 7th, 1706. / 3*4 My Lord, — Since my last to your Lop., wee have caried by a majoritie of 32 vots the first article of the Union in the terms of the resolve I formerlie mentioned, bot, ther being a memorial concerning this and several other par- ticulars, which my Lord Commissioner and her Majesties servants finds to be necessarie to obtain the Union to be past hier, I hope that wee will be aloued to make thes alterations. I shal give your Lop. no further trouble with relation to what is contained in it. Ther have been several adresses against the Union presented to the Parla- ment, bot what troubls me most is that from the Com- mission of the Assemblie, which declairs the Union incon- sistant with ther principels, it being contrarie to the Covenant that the bishops sitt in the Parlament, bot I have not seen it. 1 I hear it is to be presented to morou. A copie of it shal be transmitted. The majoritie of a convention of borous have also addressed against it. After al wee hope, if the alterations be aloued, wee will carie it in Parlament. The Jacobit Pairtie continou to oppose it with violence. The Xeu Pairtie. the E. of Marchmont and L. of Cromertie gives us al the assistance wee can desire. The D. of Argyl influences the M. of Lothean and his oun friends, so your Lop. sees wee have a majoritie that I hope will not fail us. bot without thes alterations nothing can be done that will pleas the treading peopel. The M. of Annandale continous to oppose the 1 On November 7, Mar wrote : ' One thing I must say for the Kirk, that, if the Union fail, it is owing to them. 5 102 LETTERS OF JAMES OGILVY [nov. Union. The minuts will inform your Lop. of his proposel of a federal union or the succession with limitations, bot he had verie feu that concurred with him. Wee have given a first reading to the act for the Church, and wee have also given a first reading to ane act for a supplie. This could be delayed no longer, for the fonds are out and a great arear diu to the armie. Wee shal make what haist wee can, bot, tho wee continou with the majoritie wee have, wee cannot end so soon as is desired. I have onlie time to add that I am, with al respect, my Lord, etc., Seafield. Sir David Nairn will shou your Lop. the list of al thos voted for or against the first article of the Union. I also send Belhavens speach, by which your Lop. will see what pains is taken to incense the mobe. f.888. Edr., Nov. the lltk, 1706. My Lord, — Your Lop will receave together with this a letter from my Lord Commissioner and some others of us, her Majesties Servants. What is proposed in it is, indeed, necessarie. This is al I shal trouble your Lop. with on this subject. Since the voting the first article of the treatie, the Parlament has given to her Majestie eight moneths cess, which is, indeed, rather more then the countrie can weal spair, bot it was necessarie, and it was given with a great daile of chierfulness. The Dukes of Hamilton and Athol concurred in it, and feu or anie opposed it. This satisfies the armie, and will make them undergoe ther present fatige the more willinglie, and it will be of use to us that, whatever happen, wee can adjorn without anie confusion. Wee have also proceeded to the 2 d reading of the act for the securitie of the Church 1 and have voted several paragraphs of it and caried al the vots as wee desired. Wee proceed farther upon it the nixt sederunt. It will be of great consequence if wee get this act weal adjusted. They will endeavour to have 1 It enacted that the Church, as it now existed, was 1 to continue without any alteration to the people of this land in all succeeding generations.' iyo6] FIRST EARL OF SEAFIELD 103 the sacramental test in England taken of, bot wee have fullie informed the friends of the Union of the danger of this, and it is most reasonable to leave it intier to the Parlament of England to secure the Church ther, as wee doe for our Church hier. The 2 d point they intend to insist upon is too enclude the pouer of the Parlament of Britan to grant a toleration within Scotland, bot this, I hope, wee shal also prevent. The 3 d point is that the opposers will join to reject the whole act after it is ad- justed, and wee have dimcultie with some of our friends to perswad them to vot for a perpetual securitie to Presbi- terian government, bot yet, after al, I hope wee shal succeed in this, for without some securitie to the Church the whol Presbiterians would be disatisfied. When this is past, wee resolve to proceed nixt to the 2 d article, 1 bot our opposers will endeavour that the fourth article and the other articls that concerns tread or taxes be first explained. In this wee will have some difncultie with some who are friends to the Union, bot wee shal doe our best. If it wer not for the needless fears and jealosies of the Church, wee would easilie have overcome al our other difficulties. I have stil verie good hopes. The Neu Pairtie wer with me last night and are als right in this mater as I am my selfe. I belive my behavior in this great affair is not misrepresented. I am sure I doe al that is in my pouer, and al my friends concurr heartilie and I endeavour to prevent differences amongst the friends of the Union and gives al the incuragement to thos concurrs in my pouer. I have as yet writt none bot to your Lop., bot, as you have ever been my best friend, so I hope you will leat this be known to the Queen, and I belive it will not be unfit that some who treated with us also know what is my pairt in al this mater, and, if your Lop. aprove of it, I will wreat to my Lord Sunderland 2 or my Lord Somers. Bot, if it be not necessarie, I am unwilling to give anie of them trouble. We long for ane ansuer to our Memorial concerning the necessarie explana- 1 It settled the succession on the Electress Sophia and her heirs. 2 English Secretary of State. 104 LETTERS OF JAMES OGILVY [nov. tions of the treatie. If thes can be obtained, I hope the Union will be acceptable to al that understand the interest of this countrey. I am, with al respect, my Lord, etc., Se AFIELD. /. 31,0, Edr., Novr. the 13, 1706. My Lord, — I receaved the honor of your Lops, this day and sent the inclosed to my Lord Duplin, 1 who is at present in the countrey, his second son being ill. I have not since seen the M. of Tweeddal nor the Earl of Roxborough, bot shal to morou obey your Lops, commands as to them. Wee have caried the Church Act and voted out the clases wer offered by the opposing pairtie, particularlie that for alouing Scots men the privilege of enjoying posts, civel and militarie, in England without taking the sacramental test. This day we returned to the consideration of the articls of the treatie and proposed the 2 d concerning the succession. The opposers proposed the 4 th article might be first considered, bot after long reasoning the vot was stated, proceed to the consideration first of the 2 d article or the 4 th , and wee caried, to proceed to the 2 d ; and, it being leat, the Parlament was adjorned til the morou, and then I dout not wee shal carie the 2 d article. If wee succeed in this, I hope wee shal succeed in al the articls with reasonable explanations in the terms of the Memorial wee sent. I am sorie wee cannot proceed with more expedition, bot it is impossible, for our opposers take al opportunities to delay. My Lord Annandale concurrs with the opposers in evrie vot, bot has onlie the influence to have on of our friends with him. It being lait and I being oblidged to have companie with me, I have onlie time to doe justice to my Lord Duffus. 2 He concurrs with us in evrie vot. I shal not trouble your Lop. anie further, bot that it is my confort my friends have as yet failed me in no vot. I am, with al respect, my Lord, etc., Se AFIELD. . [Endorsed: 1 Nov. 23, 1706.'] 1 Thomas Hay of Balhoussie, created Viscount of Duplin in 1697. 2 Kenneth, 3rd Lord Duffus. 1706] FIRST EARL OF SEAFIELD 105 Edr., Nwr. 16, 1706. / 396 My Lord, — The Parliament has had under consideration the second article of the treattie of Union concerning the succession to the Crown. I acquainted yo r LoP formerly with the resolve presented by my Lord Register on that subject, qch satisfy ed all those that are for the Union that it was not binding unless the whole termes of the Union were adjusted and voted in this Parliament and approwen in the Parliament of England. Notwithstanding of this the opposers spoke against this article as much as if the Union had been y r by concluded. Yo r LoP was acquainted that in the first place they en- deavoured that the 4th article should be adjusted before the second, but [it] carried to give the sense of the House concerning the second in the first place. This did coast us one daye's labour. Yesterday the second article was read and the reasons for aggreing and concluding it fully explained. First, that it was a necessary consequence of uniting the two kingdomes into one, for, though there are instances of two kingdomes under one sovereign, it is impossible there can be two sovereigns in one kingdome ; 2°/, the successor declared in England is, after her Ma^, the first Protestant heir in the Scotts line, and, though wee continued a separat kingdome, it was both just and necessary to de- clare the same successor ; 3°/, if wee refused to doe this as ane article of the Union, it is impossible to expect any alterations in our favours of the articles, for England would take the refusall of this point as the rejecting of the union. My Lord Annandale was the first that spoke against us. What he spoke was to this purpose, that there was none that was better inclyned for the setling of the successor than he, that he had been for that setlement, that he is for it and would continue to be so, but he was so much against the Union, §ch he thought to be contrary to the inclinations of the people, that he proposed the articles might be laid aside, and that wee might proceed to the setlement of the successor upon reasonable limitations. 106 LETTERS OF JAMES OGILVY [nov. The D. of Hamiltone, my Lord Belhaven, Mr. Fletcher of Saltone, and some others seconded this proposall, but, finding there party did not so frankly come into it, my Lord D. of Hamilton with Belhaven proposed that the Parliament might be adjourned and that it might be repre- sented by ane address to her Ma^ that they were willing to setle the successor upon limitations. There party came all into this of addressing. On our part, it was argued that the treattie was sett on foott by authority of the last session of Parliament after refusing to setle the succession upon limitations, that then the Union was thought farr preferable to limitations, even by those who now proposed them, etc. ; that the Union was now misrepresented in some places of the kingdome as if the establishment of the Church and trade of the nation were y r by to be destroyed. The best way to satisfy the people was that the Parlia- ment should freely give there sentiments concerning the Union. The Church is allready secured by the act wee have past, and, the articles concerning trade and taxes being explained, the people would soon see there interest by goeing into ane union. But, not to trouble yo r LoP with the dispute any further, §ch was managed for the limitations by the highest Tories and by our party for the Union, except that wee took notice of the limitations allready past, such as the Act of Peace and Warr, the Act of Security, and the other limitations, §ch were voted in the last session of Parliament, particularly that of giving the nomination of the Officers of State and Privy Coun- cilors to the Parliament. It was plain there was no solid setlement could be obtained but by ane union §ch, if it were explained in some particulars, wee hoped would give generall satisfaction, and, therefor, wee proposed the vote might be stated, approve the second article or not. The other party desyred the vote might be, address or not, so, there being a previous vote Qch of these two should be the state of the question, the first was carried by a great majority. After this there was great opposition to the calling of the rolls upon the question, but, att last, the English Acts of Parliament anent the succession being 1706] FIRST EARL OF SEAFIELD 107 read, and the Earle of Marshall being allowed to give in his protestation against the setling the succession in that manner, wee carried, approve the article, by a majority of 58 ; and then the Parliament was adjourned till Monday. Wee have had another representation from the Church against the popish successor, leaving it to the Parliament to determine in what manner they think proper to secure this nation against the dangers that did threaten us from his pretensions. There was endeavours to have it directly pointed against the Union, but it was carryed that nothing for or against the Union should be contained in it, as you will see by the copy I receaved from the moderator and I herewith transmitt to yo r LoP. There has been a tumult within the town of Glasgow. 1 The mobb proposed that the provest and towne councel might, in name of the community, sign ane address to the Parliament against the Union, but, this being refused, a tumult did arise upon it, and the provest was in hazard of his life. The windows of his house was broke with stones. He is come into this place, and there is ane address signed since that time, after §ch the tumult setled, and wee hope there shall be no more of it, especially that before this time they know that the Church is effectu- ally secured. And there were serall others who favoured the Union whose houses were insulted. But, if the Union were ratified by the authority of Parliament, and some articles explained, wee hope all these confusions will be composed. [This letter is not signed, but is endorsed : 4 L d Seafield, Nov. 26, 1706.'] Edr., Novr. the 16, 1706. /. Sji. My Lord, — The inclosed Memorial contains al that seems necessarie to inform your Lop. of at present. Wee hope to have the 3 d article approved on Moonday, and that, 1 The mob was for a few days master of the town, and a party of the rioters, under the command of one Finlay, marched to Hamilton, but the approach of the Government troops dispersed them. 108 LETTERS OF JAMES OGILVY [nov. 1706 betwixt and then wee shal have your Lops, ansuer con- cerning the explanations of the article 1 which would give great satisfaction. I have as yet writt to none bot your Lop., bot my Lord Justice-Clerk wreats this night and sends his leters under my covert. He and al his friends concurr heartilie with us. Wee meet with great opposi- tion, and al methods are taken to incense the mobe against us, bot I shal continou my endeavours faithfulie, and I hope wee shal have success. I am, with al respect, my Lord, etc., Seafield. My Lord Annandale, after al his opposition, did at last vot for approving the 2 d article. I hope your Lop. will take the trouble to cause deliver the inclosed from the Justice-Clerk to the Earl of Sunderland. [1708] Edr., June the 20th, 1708. My Lord, — The two inclosed Memorials will inform your Lop. of what concerns our elections and shal offer you no further trouble on that subject. I receaved the honor of the Queens letter. The person concerneng whom I had her Majesties commands called on Weednesday night, bot I was abroad and I expect him this eavning or to morou, and then shal accquant your Lop. with what occurrs. The election hath given us a great dail of trouble ; it continoued till four the nixt morning. I shal take cair of what your Lop. has recommended concerning the essay [of the] Master of the Mint. It is unreasonable to give your Lop. further trouble att present, so I shal onlie assure you that I am, with the greatest respect, my Lord, etc., Seafield. I beg the favour of your Lop. to give the Queen what information is necessarie concerning the election, and that my Lord Chancelour may see the long Memorial, the short on being onlie to your selfe. 1 That the United Kingdom of Great Britain be represented by one and the same Parliament to be styled the Parliament of Great Britain. AUG. 1708] FIRST EARL OF SEAFIELD 109 Edr., Julie the 5, 1708. /. 412. My Lord, — The Duke of Athol by this packet has sent a petition to the Queen, praying that he may be admitted to bail. 1 I am informed that he is verie weak by his long confinment and siknes. He has qualified himselfe by taking the oths and wreats that he is readie to ventur his life and fortun in her Majestie service. I doe concurr with the Duke of Queensberrie and the Earls of Mar and Lou- doun in recommending him to your Lops, favour in this mater, considering that al the other prisoners are alreadie out on bail, and he desirs to oue his liberation to the Queen alon, and I trulie think it for the Queens service, for he will be then als much under command as he is att present. I leave this mater to your Lops, consideration, and I am, with al respect, my Lord, etc., Seafield. My Lord, — Since I am oblidged to goe north to see my wife, who is dangerously ill, I will there have occasion of seeing severalls of the Parliament-men, who are my friends and who, I hope, will serve her Ma^ faithfully in the Parliament, particularly the Laird of Grant, my brother, S r David Ramsey, Mr. Urquhart, Mr. Aber- crombie, the provests of Aberdeen and Inverness, and Ross of Kilraick. My uncle, Mr. Montgumrie, will lyke wise be with me. They expect to know from me what time the Parliament will meett. 2 I think it necessary for the Queens service that they be at London then, and they are unwilling to leave there affairs sooner than is needfull. Therfor, if your LoP will acquaint me, how soon this comes to yo r hands, when the Parliament will meett, I shall acquaint them of it. I have writt to the Earle of Marr concerning a small affair of the Earle of Airleye's. 3 He 1 He had been placed under arrest in Blair Castle under the charge of being accessory to the attempted invasion of Scotland in 1708 in favour of James, son of James vn. 2 This Parliament, the first British Parliament by ordinary election, met in November 1708. 3 David, 3rd Earl of Airlie. Edinburgh, August 5th, 1708. /. 416. 110 LETTERS OF EARL OF SEAFIELD [aug. 1708] will acquaint yo r LoP of it. It is but off small value, and it will secure my interest with him. He made me his proxy at the last election and promises to doe so again when there is occasion for it, and, therfor, I hope yo r LoP will be assisting to my Lord Airley in this. I will stay but very short time in the north, and, after I return here, shall take journey how soon yo r LoP is pleased to direct me. I am sorry to find by the letters that are writt from London, both from our friends and to the Squadrone, 1 that the Juncto 2 continues as ill disposed towards us, who were her Ma ties Servants as ever. I presume to think that, some time before the Parliament, it will be necessary, either to adjust matters with them or to have a sufficient party established to support her Ma^ and Servants in all just concerns. Yo r LoP is the only person fittest to consert this, and you shall command me and my friends in what measures you shall think proper. I hope yo r LoP will excuse this freedome I use, §ch I truely designe for her Ma tIes service and yo r LoP s ; and I am, with the greatest respect, my Lord, etc., Seafield. [Not in Seafield' s hand, but signed by him.] I hope your LoP will excuse my using another hand, being straitned by want of time. The Earle of Kin[c]airn is verie desirus to have ane ansuer concerning his daughters petition, of which I wrote to your Lop. some time agoe. [Postscript in Seafield' s hand.] My Lord Tresaurer. 3 1 Another designation for the New Party. 2 The 'junta ' of Whigs who were pressing for a larger share in the councils of Godolphin. 3 Godolphin. [1702] LETTERS OF DUKE OF HAMILTON 111 LETTERS OF JAMES. FOURTH DUKE OF HAMILTON 1 (State Paper*, Scotland, Series 2, vol. i.. Record Office. London) [Ed., June 24, 1702.] Afa 15. Sir. — I had yours of the 20. I was in hopes we should hav had the account of her Majesty's receaving the Adress 2 at the saime tyme she allowed you the honor of kissing her hand. The Courtiers 3 heer give it out that she will not receave itt, but I shall not belive it till I see it is soe. I wonder that my Lord Blanter 4 has not written one worde to any bodie heer that I can lame. They have past the actt for the Union and putt off the bussiness of the advocatts 5 till Saturday when they say they are to bring in the abjur- ation. Your letters came saife to me, as Mr. Masons did. by the same cover, so that way may be continued, tho I shall expectt to see vow everie moment heer. for. imedatly after the resoluttion is taken above as to your comission. the sooner wee know it the better, winch is all at present from your most affectionat and reall freind. Hamilton. I make noe dout you have taken care that noe copie has been given of the Adress to any bodie whatsome ever 1 The following letters were addressed to William Keith, younger, of Ludquhairn, Commissioner of Supply for the shire of Aberdeen. - This Address to the Queen was a protest against the legality of the existing Parliament by the Country Party, of which Hamilton was the most prominent leader. This Parliament was the convention which had been elected at the Revolution of 1689. 3 The name given to the supporters of the Government. 4 Alexander, 5th Lord Blantyre. 5 A number of the advocates had signed an Address in favour of the party that had seceded from Parliament under the direction of Hamilton. 112 LETTERS OF JAMES [1702 till her Majesty e receaves itt, and her pleasur concerning it knowen. I dont wrytt this night to Lord Blanter, so I desir you may comunicatt this to him. [Endorsed:] < June 1702.' I have receaved yours of the 23 and am most extreamly pleased with your conduct and manadgement. Nothing could have been better then the measure you took of waitting uppon her Majesty as you did, and your persisting to give the Address to non but her self was the only thing you could doe since the subscribers adrest only to her Majesty and non els. They give it out heer that her Majesty has refused the Adress, which I cant belive after what you wrott of your resolution of presenting it the next day in the drawing room. I hope you '1 take care to read itt to her when you doe present itt. Lett itt be open, and read itt and then present itt ; but I am of the oppinion that is past now. However, if her Majesty should be advissed to refusse itt, I begg you may come off imediatly. I must still insist that you may come doun with the account of what pases, for I assure you you have gained great repputation with all your freinds heer, and noe bodie can be more sensible then I am of your zeall and affection to your countries intrest and her Majesty's service then I am. You exprest it in the brightest manour in what you told her Majesty ; and all your constituants will thank you for itt. I am wonder- fully pleassed with what the Countes of Malborough said to yow. Pray make my complements to her, and tell her that I am affrayed of troubleng her with my letter, els she should get more of them. But I have heard nothing from Blantyr of the letter I wrott to her by him. But, by the manour she has treatted you, I am convinc't of her goodness towards uss. Ther has been a weighty contest T. B. No. 14. [Ed., June 27, 1702.] 1702] FOURTH DUKE OF HAMILTON 113 this day in the Parliam* here about the abjuration oath, and it was caried only by 4 whither it should recave a first reading ore lie upon the table. I doe assure yow ther are great heats amongest them. Tho we have left them, they are fare from aggreing amongst themselves. I wrot this to my Lord Treasurer 1 in the letter I sent by Blantyre, and now he '1 see I have not mad a wrong judgement. The bussines of the advocatts is put off again. They 'continew firme to what they have done. I am sure now I have troubled you with a long letter, so I shall add noe more, but that I am your most reall and affectionat freind, Hamilton. June 1702. [Ed., June 30, 1702.] No. is. Upon Sunday Mr. Benerman arived heer about 2 o'clock, and I had yours of the 23 by the post the day before, which made what came by the express the more surprizing, but now, since that is over, by noe means let any more application be made for the presenting our Adress, and I am verie glad you say its sealed upp. I desire it may continew to be soe and that you may bring it doun with you when yor convenience allows you to come hither, but be sure it be kept saif in the mean tyme and wher you can come at itt. I am perswaded thos who have adviesed her Majesty not to receave itt have not considred her service, but it 's not proper to talke of that now. It will be seen who gave her Majesty the best advice, and tyme will show whether it had not been better for her service this Parleament had never mett. It is this day addjourned ; ther having been the greattest debeats and heatts imagin- able in relation to ane abjuration oath, which was caried to have a first reading upon Saturday last, and this after greatt cabaling one both sydes. When the matter was goienge for the debeate, the Duke of Queensbery adjurned the par. till the 18 of Agust. Everie bodie hear are verie sensible of your good inten- Godolphin. H 114 LETTERS OF JAMES [1702 tions and service to your countrie. Wee only wish your zeall may not exposse you to some resentment, and, ther- for, as soon as your convenience will alow you, wee would be all verie glad to see you hear and desir you may be circumspectt in your conversation where you are. I make no dout you '1 have particulars of what passes from other hands, so I shall give you noe further trouble, but assure you that noebodie can bee with more reall concerne your most sincer and affectionat freind then Hamilton. The advocats affare is remitted to the Councell. 1 I assure you the heats and the devissions upon the other point has been soe great that ther was noe tyme to think of them. June 1702. [Yester, July 9, 1702.] I have just now receewed yours of the 4 with my Lord Blantyres postcrip to itt. I cam hither to keep our Fast in good company, and I assure you all our freinds are pleased with your part, only we are sory that, after her Majesty shewed soe much dislike to our Addresse, that she should have been importuned any farther upon the subject. Yew may perseave that all the steps that has been made has advanct nothing, as by the event yow find, th° vow have given a copie of the addresse which, since ther was soe litle hopes of its beeng recaved, was not so verie nes- sarie, as our freinds heer conseave, but those upon the place may have reasons that we at a distance cant soe weel judge off. However, now I wish it stood with my Lord Blantyre's convenience to come down, for I think both he and yow will think ther 's nothing more to be done by yow ther in relation to the comission of your freinds heer, so I think yow should take spetiall care of the principall address. I can't help saying I wish that had been sooner done by bringing it hither. If my Lord Blantyre and you have receaved the letters I have written, you '1 find befor now that, since the first repulls that yow mett with, I 1 The Privy Council. 1702] FOURTH DUKE OF HAMILTON 115 have ever been of that oppinion. Pray, shew this to my good Lord Blantyre, for I can't wrytt any more by this post, fearing it won't come in tyme. When he comes of, I hope he '1 aske my Lady Malborough if she has any ansuer to make for what I wrott by him to her Lap., which is all at present from your most reall and affectionat freind, Hamilton. [Endorsed :] 'For Mr. Keeth at London.' Jirfy 1702. F. B. [Agust 7, 1702.] -v*. 11. Upon Saturnsday last yours of the 25 Jul. came to my hands. I have not seen the D. since to know the reasons why yow gave a copie of the Adress to my Ladie Malb. and why you dont improove the acquaintance you made amongst the statsmen, but, without hearing of them, I am verrie readie to approove of them and to vindicate you for doing that which I am much inclined to belive you would not doe without good grounds. The first time I have occasion to see the D. I will endeavour to get a sight of your letter upon no other account but to confirm me in the good opinion I have of your conduct. We begin now to think of our elections, though the Parliament is not yet adjourned, and, so farr as I under- stand, there seems to be a greater life and vigour in the nation then used to be upon such occasions, if I might judg of the elections throu the whole kingdome by those are like to be made in the countrie I live in, and some shires about. I belive our Parliament might recover in some measure the sinking reputation of our countrie, but there are so manie difficulties to strugle with that the fear of punishment are powerfull arguments to weak minds, and you know what partie lies the distribution of them. However, if honest men will doe their endeavour, I hope still the best, but there are too manie who I am affraid will 116 LETTERS OF JAMES [1702 lay themselves aside out of a scruple which I dont under- stand, and a diffidence of doing anie thing to purpose, so that there must be great pains taken to remoove those scruples, and to give people such a just sence of the danger wee are in that they may not be indifferent in a matter which concerns the nation so much. The D. 1 is now in the west countrie, and you may be sure is not idle. There are a great manie more who are not to be blamed if there is not a right sett of men chosen in the shires they have interest in. There is great pains taken by some of the Court Partie to blind peoples understandings. They leave no ston unturn'd ; they endeavour to raise the scruples of some by the change is made in the oaths by the Councill, and there are stories spread industriouslie, as if there were a design to overturn the present constitution, meerlie to blunt the edge of some well meaning people, but I hope that neither English monie, nor the designs of unnaturall countriemen shall be able to pervert the judgments of honest men so farr as to mistake the trow interest of there nation, and, if wee doe overcome, the victorie will be the more glorious that wee have such powerfull enimies to deall with. By all the accounts wee get, the English Parliament will be Torie, 2 whether that will turn to our advantadg or prejudice is uncertain, but there may be this advantadg in it, that it is so generallie beleeved that the heads of that partie are ennimies to Scotland, that it may lessen the creditt here of those of our countriemen who are thought to be influenced by them, so that our elections may be the better for it. Perhaps this is to reason too farr upon uncertainties, and, therfor, I shall say no more about it. Some months will determine the matter ; in the mean time I hope evrie honest man will endeavour to doe his best. Wee expect dailie to hear how the difference is taken up 1 The Duke of Queensberry. 1 The Tories were returned in the proportion of two to one. 1702] FOURTH DUKE OF HAMILTON 117 amongst our Courtiers who are gon from this latlie. The parties seem to be strong on both sides, and by anie thing wee have heard, yet it appears to be doubtfull which will get the victorie. Yow will have the advantadg to know how the intrigues are manadged about making friends at Court and what complaints are made on both sides, but, whoever gets the better, our countrie is still at a loss, for those feuds and quarrels makes us more contemptable to the English, and the advantadg will be purchased at the expence of the nation. I will not trouble you with a longer letter, and, therfor, I bid you adieu, and onlie tell you that I am verrie much your servant. Je vous prie de faire mes baismains a Monsieur Montingi. [Endorsed :] ' To Mr. Kieth of Lutwhairn.' Agust 1702. London. F. B. 118 SCOTLAND'S DIVISIONS [1703 THE FIRST CAUSES OF SCOTLAND'S DIVISIONS, BY LORD TARBAT, 1 1703 (Brit. Mus. Add. MSS. 29,587) First Payer A SHORT ACCOUNT OF THE FIRST CAUSES OF SCOTLANDS DIVISIONS /. W- The Reformation from popery in Scotland being opposed by the Queen Regent at first, and therafter by her daughter Queen Mary, and their opposition mostly manadged by the furious zeale of priests, those of the nobility and people who were first reformed were violently perse- cuted, and what from selfe defence, what from human infirmity and strong irritations, they were driven to some actions and invasions of the royall rights, which were neither consonant to the Protestant principles, nor con- sistent with justice, tho in some measure excusable by the force of necessity : and, albeit the good and learned did never oun and far less persuade them, yet, coming un- happily in with the first appearance of our reformation, by the more ignorant they were considered first as neces- sary, then as lawfull, thereafter as duty, and at last esteemed by some as a part of the Reformation, and this mistake was wickedly cultivated by the hotter and more ignorant of the preachers, and was propagated and sustain' d at severall times and on severall occasions by factions of the nobility ; for, whenever a faction was disobliged, they 1 Sir George Mackenzie of Tarbat, created Earl of Cromartie and Viscount of Tarbat on January I, 1703. On the accession of Anne he had been made Secretary of State for Scotland. During the reign of Charles II. he had strenuously supported the Government's policy in Church and State. This explains his point of view in his historical retrospect addressed to Anne. BY LORD TARBAT 119 joined in to the antimonarchical party ; and ouned these spurious principles, as, on the other hand, the Clergy and others infected with that seditious principle did alwise join in with what ever faction moved against the authority ; and this appeared almost yearly during the reign of Queen Mary, and king James the Sixts minority, that it did take too deepe root, and was a Zeruiah too hard for the king untill he came to the croun of England, but then he easily supprest it, and, if his gentleness had not indulged his countrymen who were infected with it, he had with the same ease and more safety to him and his posterity extin- guished it. This he saw and recommended judiciously to his son in his excellent treatise called Basilicon down, but by his indulgence the root not only remained, but was secretly cultivated by, and in the succession of a party of the Clergy, who might be justly named fanaticks. But they had no opportunity to dare a public ouning or putting their oppinions in practice after K. James was king of England, untill a party of the Scots nobility, whose pride was unproportionable to their estates, did take up a prejudice against king Charles the first in the year 1633, when coming to Scotland he did not bestow on them either the honors or offices which they pretended. And that kingdom being in the distinct notion of a different govern- ment from England in different constitutions, both as to civil and ecclesiastick administration, and lying at a great distance from the kings person, and thereby remote from the immediat influence of his Majesty, and the persons and things of Scotland lying more remote from his know- ledge, he having likewise taken his measurs in choosing his Ministers and Officers there, rather by the wrong measures of a particular party, who were in his more special favor than by those measurs which wold have generally pleased and obliged the body of the nation ; and the clergy who were opposite to the fanaticks driving their design with more haist than prudence, by and from these causes the kings affairs were manadged so as that the fanatick party were emboldned and encreased, and the factious nobility encouraged to insult the kings Ministry, 120 SCOTLAND'S DIVISIONS whence a rebellion did begin about the year 1637 with that boldness that the king was brought thereby, and by the advice of others about him, to grant what the rebells desired, through a great mistake, tliinking thereby to satisfie the ambitious nobility and to oblige the fanatical clergie. But, on the contrar, the one was encouraged not to be satisfied with sharing in the Offices and Ministry but to have it all, with exclusion of all those of the nobility or gentry, who were loyall and well affected to the kings person, family and government, and the clergie were bloun up above all moderation, so as, not satisfied with regulating Episcopacie, they reported the whole order as anti christian and excommunicated their persons, establish- ing a new government not only without the kings consent but contrary to the standing laws and his Majestys express proclamation, albeit the loyall subjects were at least two to one in number, and far better qualified for the kings service than the other. However, by this wicked council given the king, and his fatal choise, the whole power, civil, military, and ecclesi- astick, was put in the hands of the fanaticks and the factious, and they thereby emboldned and enabled to ruine the king and his true friends, while, on the other hand, the loyal, numerous party were both discouraged and disabled. This was formed in the year 1641, and in 1642 these Ministers of State and of the Church raised the nation in arms, opprest those who dared oun their loyalty at home, and sent in their army to joine the rebells in England, whence was the ruine of the king, of the mon- archy, and of the loyal subjects, some of them riseing in arms for their prince, tho with eminent courage, but under great inequality, for the kings Ministers, his forts, his revenues, his seals, and his authority fought against them, and the body of them were as dead under the great dis- couragements and disobligements by the kings cariage to them. In the year 1648, the loyall party, outwearied by oppres- sion did (as it were) rise from the dead, and soon turned the other out of the sadle of government ; but from the like 1703] BY LORD TARBAT 121 causes and methods, the kingly power being ruined in England and fixed in the fanatical partie there, the Scots army was defeated at Prestoun, and Cromwel came in to assist his bretheren of the league in Scotland, reestablished them in the government of Scotland, and then the oppres- sions on the loyalists were doubled, the king being necessit- tat to come in to them and undergoe their severe yoak in the year 1650. The loyall party in short time reestab- lished themselves in the state by a great plurality in Parliament, who did not as they were done by, but shared the government and army with the fanatick party, think- ing it prudence so to doe in the then circumstances under the hazard of the English army, which soon thereafter did prevaile, partly at Inverkeithing in Scotland, and shortly thereafter by a total victory over the Scots at Wor Chester. The English usurpers did then overrule in both kingdoms, and, to be sure, with all the favor possible to the Scots fanaticks, Monk only in some measure supporting the loyallists from falling under the Scotish fanatick lash. On Monks invasion of the English usurpers the loyall party did soon possess themselvs with the appearance for the nation, till the king, on his restauration, called a Parlia- ment anno 1661, when the fanaticks appeared of litle or no consideration in respect of the other, and then the kings ministry and power was put in loyall hands ; fanaticks and fanatical principles were equally contemned and hated, and had been for ever extinguished in Scotland, had the king pleased to have it so, and this with no greater severity than the sentencing three of the most eminent rebells ; albeit they during their government did execute, in cold blood, the loyall subjects by hundreds, and that expressly for their loyalty, and obeying the royal authority. But some of them being still in place about the king, both of Scots and English, who, vext to see their old party totally supprest, left no stone unturned to preserve a seed of them, untill by fatal circumstances opportunity falling so, by the Earl of Clarendens falling from the Ministry in England, the Duke of Ormond in Ireland, and the Earle of Midletoun in Scotland, all about a time, and from the 122 SCOTLAND'S DIVISIONS same designs, the fanaticks were again in some measure raised from the dead and peece-meall many of the loyallists wormed out and fanaticks introduced as much as their patrons dared adventure on, whereby again loyallists were of new discouraged ; and so matters proceeded untill king James, by unhappy council, was moved to the introduction of popery, wherein he was not a litle encour- aged by the fanaticks addresses of thanks from Scotland for the tolleration, which they knew was intended to pave a way for popery. But, the Revolution occurring, the loyal party in Scotland, tho both in Parliaments 1685 and 86 and in all the concerns of the nation, they appeared the most fixt enemys and opposers of popery ; yet they, not having inclination to haisty steps in what concerned either the kings person or the succession of the monarchy, did not press in as the fanaticks did, laying hold on the occa- sion ; whereby King William, as invited by the ones blandishing intrusions, and angered by the others too nice withdrawings, did with haist enough establish the fana- ticks again in all their wisht for stations and power ; yet the numerousness of the others made it impracticable for them to retaine it, unless the king had with a vast expense raised nine or ten regiments in Scotland, and sent con- siderable bodies of horse, foot and dragoons, to support them from England, so that, in place of their supporting his government, they were a heavy weight on him, and this, albeit the loyall Protestants were far from rising or disturbing the government, but, according to their con- stant principles, submitted to the royal family and their authority : (for what was acted by the Vis-count of Dun- dee and some few Highlanders was from inevitable neces- sity, they refusing all quarters to him), and yet those few had been too hard for the fanaticks had they not been supported by the kings armies and with great expense. But, when the loyall party did calmly obey and submitted ; yet, what was not done and invented to force them to a riseing ? And, indeed, their seing the authority and power of the nation invested in fanatick hands did keepe them in great disquiet, and probably might have produced 1703] BY LORD TARBAT 123 mischiefs insuperable for the Scots fanatick power had occasion offered, as, praise to God, it did not, for, all this while nothing was more feared by the Scots Governours than that the loyal partie should qualifie themselves for sharing in the government, and they alwise shewed more hatred to those who did than to those who did not, and their invention was streached in finding out mediums to provock their disaffection by new oaths and by unheard of severitys to their Episcopal clergie, notwithstanding of their peaceable deportment ; so far different from the cariage of their clergie under Episcopacie when they preacht Episcopacy as worse than popery, called the people to rebell under the paine of damnation, excommunicated the king, and owned as martyrs such notorious rebells as law condemned and preservation of the monarchy did force to execution, yet all these incitements could not irritat the loyalists to sedition during the therteen years reign of the fanatical Ministry, they being retained in duty by loyalty to the king and hatred to popery. Second Paper THE PRESENT STATE OF THE SCOTS DIVISIONS The former paper having given a general view of the . . causes and consequences of the evils which did arise in Scotland from the measurs then taken, to the end that the same or like measurs may be evited for the future, I come next to the present state of the kingdom. And, that I may the better explicate it, it will be neces- sary to expose it in different views, becaus of the different relations in which they are placed. And, first, as it is divided in Whig and Torie, these names (tho' barbarous enough) being now of vulgar use ; but Whig in Scotland hath a very different signification from what it hath in England ; for by Whig I understand a party who princi- paly oun a design for a parity in church Government by presbytry and are enimys to what is opposite to that, 124 SCOTLAND'S DIVISIONS [1703 for, tho they be not against monarchy absolutely, yet it hath but the second place in their esteem. In this party there are two classes, the one who think presbytery of a divine right, and with those it is a principal head of their religion, and all concerns must cede to it : others of them, tho they esteem it much, yet they will not readily either fight or suffer for it : those are less enimys to monarchy than the first, which is truely inconsistent with monarchy or any government which will not be subjected to their mode of hierarchie or common- welth of pop's. Tory, in general, signifies all who are opposite to Whig, wherin there is one class who place both their religion and their interest in bringing in the P. of Wales by what- somever method or assistance ; the other class of them are firme to the monarchy and to the true line in the Protestant religion. The greatest part of these are in- different as to church governments, providing they encroach not on the monarchy, and be not of a persecuting principle against any of the reformed religion. In these senses and significations the Tories are thre to one amongst the vulgar, and four to one amongst the nobility and gentry. Whig will oun the monarchy so long as monarchy ouns them, and, when it does not, they will fly in its face, in arms, if they can, and, if they can not, by preaching. Tory will not resist the monarchy, but will not assist it much, whilst it is joined with Whig and supports them, but will very willingly subject the Whig to monarchy. When Tory was up and Whig doun in the by past Govern- ment, Whig made much noise and gave disturbance, but were easily supprest by Tories when the Government did not hinder that, and then Whig was too sorely prest, which made them zealous for a change in the Government. And in the past 13 years, wherin Whig was up and Tory doun, Tory was silent and submissive, but in a sullen, discontented silence ; and there is litle doubt that from that cause they were generally disaffected to the Government and may prove so if Whig continue master ; for they have and will persecute Tories clergy. 1703] BY LORD TARBAT 125 It is certain that a moderat tolleration wold have rendered Whig less troublesome to the late Governments, had it been allowed then, and such a tolleration now wold (I doubt not) satisfie the Tories who are loyall. If her Majesty judge it for her interest to continue her Ministry in the hands of Whigs, I doubt not but on that condition they will be zealous for her service, so she allow them to be heavy upon Tories, and will live in good affection with the Whig party in England, even for the names sake, but will never have affection nor good will to the English Tories. But her Majesty may be assured that she will want both the affection and support of Scots Torries ; and, albeit they make less noise, they may be far more dangerous, being far more powerfull in the nation. On the other hand, if her Majesty place her Ministry in Tories hands, she will be sure of the greatest part of the nation, they being a party who are zealous for monarchy, and can easily beare with any church government, which will be subject to the soveraign. They will beare with presbytery, the Whig can not beare with prelacy ; they will frankly allow tolleration to Whigs clergy ; nay, more, that the government of presbytery be continued to their clergie, so that the Episcopal clergie be but tollerat amongst the people and parishes of that principle, albeit Whig will never acquiesce nor willingly submitt to Episcopacy, tho it were by law established. And from those positions I deduce those corolaries : the Queens Government will stand upon a broader and more natural base in the Tories hands than in the Whigs. Dissatisfied Torries will make less noise and more danger, and Whig make more noise with less danger. If Whig have the Ministry of the State, he must also have his will in the Church ; if Torie be in the State, he will be pleased with what the Queen disposes as to church government, even with Presbytery. Whigs strength lyes in the mobe, and, if they have their ministers and presbyterian government continued with them, they have their will as to them selv's ; and tho, perhaps, they may be angry, they will not goe to the 126 SCOTLAND'S DIVISIONS [1703 hills again, which is the worst they could or can doe ; and, if the Queens Tories be in the state, her Majesty hath the power and affection of the kingdom in her hand without great provocation to the Whig. Tory in Scotland will more naturally concur or conjoine with England, especially with the English Torie, whereas Scots Whigs have litle less hatred to prelacy than they have to popery ; but will more readily run into the same measurs with Whigs in England, if occasion offers. If Whig be discontent, I know no partie with whom he can joine in his discontent, except it be with the English Whigs, and, when they know other, I presume they will never joine either in interest or affection ; and if Tory be discontent, he can not only joine on occasion with the English Tories, but, if highly provockt, can joine with the Jacobite interest, and, therefore, there is more danger from angry Tories than from angry Whigs, even albeit they were of equal force, as they are not. From all these I infer this conclusion, but with all submission to higher and better judgements. That it is her Majestys interest to keepe the affections of both those parties, thereby to evite danger from a Jacobite and, likewise, from a Republican party. And, I presume, her safest way to please, at least to use both at this time, is to continue presbyterian government in the church with an orderly tolleration to other Protestant perswasions and to put the government of the State, for the most part, in Tories hands, providing alwise that who- ever shall be employed by her Majesty give both evidence and assureance that they will concur in the measur's prescribed by her ; for any party who think that the use of the government is to support them will certainly direct their designs for them selv's ; but such as think that the use of parties is to support the government, these will design and endevor to be faithfull in their service and impartial in their counsel. There is another considerable division in that kingdom, which consists rather in personal animosities and privat designs than principles or national concerns, and are most BY LORD T ARB AT 127 pernicious to the sovereign government, and the quiet of the nation ; but, these consisting of several persons and different interests in their several combinations, it will be fitter to discourse than to write upon that subject, becaus of the numerous circumstances wherin they stand. Yet there are some transcendant positions which over- rule particular respects. Such are, that, albeit good men may be in parties, yet all parties, as such, are odious in and to government. It is ever dangerous for a prince to put the government in the hands of a part}-, and destructive to the other halfe of the people. It is inconvenient to design a mixture of parties in the complex, whilst they adhere to a party* principle, for, on that account, they will alwise direct their design to their party advantage whatever it be to the prince, and likewise to the hurt of the opposite party whatever that may hurt the common-weall. And, therefor, that as persons of no particular com- binations are fitter, if they be otherwise qualified, so such are to be sought for. And, also, party-men brought in to Ministry should give evidence and assurance that they will goe along in the soveraign's measur's and of complacent concurrence with other Ministers, tho not of their partie. Without such assurance mixture must encreasce difn- cultys, embarrass counsell, and obstruct all execution, especially on more considerable emergents ; and, as in physical, so in political mixtures, heterogenous parts never concur so well for the whole as when they change the contrarieties of their natures and enter into consonancy and agreement, conducing to support the whole, and then they lose the nature of parts and enter into formal unity ; then and not till then they are usefull, and, if they be not such, they should be purged out, and, when out, never taken in. For, I ask, whether can an opposer, when without and wanting the adjunct of authority, doe more mischief, than when he is within, and strengt lined with authority ? 128 SCOTLAND'S DIVISIONS [1703 Is not a soveraign in so favfelo de se who puts the suord of authority in those hands, who owns that they will use it against his person or interest ? The application of these positions to particulars must be regulated by particular and personal considerations and by necessity, which sometimes breaks over the banks of the best positions. What is hereafter proposed, albeit exprest in positive terms, becaus they are offered in all possible sincerity, without one graine of selfe interest or partiality to others ; yet the proposals are most humbly submitted to your royall judgement and will ; and also to better and more knowing counsellors. The Whig party, who are of that fanatick principle, never were, nor will be faithfull to the Croun, nor to the royall family ; but, on the contrare, they never did serve it, but when it served them, that by it they might wound and ruine the true monarchical interest, both in church and state. They never had the power nor interest to hurt it, but when the prince did put power and authority in their hands, as appeared from the mischiefs they did when K. Charles the 1 st did put the authority of the nation in their hands. The like, when K. William did so : witness the laws and statut's past in those times, whereby the Church was tuice overturned, and the Croun robed of almost all its preroga- tive, and made precarious to every popular interest, and that by the kings oun authority put into their hands on design thereby to oblidge them. And, at present, they employ their interest, with all diligence and influence on their party to keepe all the true friends of the monarchic out of the Parliament, wherein they and the Queens oun Servants of that stamp have been too successfull ; and the strong inclinations of the nation to the Queen appeare evidently even in that there are so few of the Presbyterian stamp elected, when several Officers of State and the whole established clergie did both diligently and officiously interpose themselv's to hinder it ; and, furder, by the said BY LORD TARBAT 129 Officers of State and clergie their obstructing the present intended union of the nations with all their force ; well knowing that by the union the interest of the Croun will be placed above their power. Yet, they have been so long invested with power of late that it may be fitt to con- tinue some of them in offices if they will undertake frankly to goe now into her Majestys measures, but, to be sure, let them be few. It is also dangerous to put offices in the Jacobite hands ; for they may enable themselv's to disturb your Majestys Government. The Protestant Cavaleer party are certainly your Majestys surest friends, have the greatest power, and best will to serve you, but nothing will so much dissatisfie and disable them as too great a weight of fanatick mixture ; for that party are diligent, close, and closely joined, in their antimonarchical principles. CHARACTERS OF FAMILIES Duke Hamilton's family is now the greatest in Scotland, /. 156. chieflv bv its alliance. It was raised haistilv bv our kincs, and hath suffered with them. The histories tell how the Croun hath jealoused them, but I think they are not much to be feared on that account. This, indeed, is considerable that, if the authority be put into their hands, they will raise dread and ill will in the other familys, and, when in the offices, it will be more difficult and more dangerous to pull it from them again, even by the prince. The Duke of Argyls family is next in greatness and power, but the most hurtfull of all to the Croun. Gene- rally they are deepe in the fanatick principle ; and, being scituate in the mountains, are aptest to rebell, and safest if they doe. And, now, by the fanatick government the great part of the other high-land clans are brought under the Campbells, which was a wrong politick for the Croun, since it only could ballance and overaw Argyle by these clans ; and this should be retrived by all just means. The third in power and estate is the Duke of Buccleugh, i 130 SCOTLAND'S DIVISIONS an old family as gentlemen, and lately very considerable, and the more that their interest lyes nearest to Edinburgh and thereby may be either hurtfull or usefull, more sud- dounly than others, who are remote. The fourth is the Duke of Gordon, who is as great as any of them, but more remote, yet they have ever weighed more in all our civil wars these 260 years than any two of the other, and have been of all the most faithfull to the Croun, and never failed it ; but now almost useless by their chiefs being papists. Yet most of the clan are not. The fifth is the Earle or Marquis of Seaforth. He is of very considerable power in the High-lands, and the only High-lander who can be sett up to ballance Argyl's family : which, by conjunction withe the clans of Mackdonald, Mackleod, and some other lesser ones, can easily be done, and the Prince should be sure to state them so, for, if Argyle had those in conjunction with him, and but in friendship with the Duke of Gordon, the rest of Scotland could not well reduce them. This is a maxime neglected of late, but carefully recommended by K. Robert Bruce and alwise observed till of very late. The ^ixth is the Marquis of Athole, very considerable in his own power, and the more by his scituation in the midst of the High-lands, and nearer to Edinburgh than other High-landers. The family was ever loyall. It is now allied to Duke Hamilton. The Duke of Queensberry is in estate as great as any mentioned, and considerable in his following ; but the more by his being now the most considerable of the noble family of Douglass, who ever were the most eminent family and most active in Scotland, or perhaps else-where. The Duke of Lennox is in the place of a great Scots family and very considerable by vertue of his heretable superioritys and jurisdictions. Having a very small estate in that kingdom, and, not residing in it, he is the less usefull to the Croun there, which is a great loss, becaus the offices of Chamberlanry and Admirality wold have great influence on the burroughs of Scotland. The Earle of Breadalban hath a considerable power, but 1703] BY LORD TARBAT 131 is much sunk by Argyls being his chiefe ; however, he is considerable. The Lord Lovat, one of the antientest of the nobility and of a very considerable power in the Highlands and Innernessshire. These are the families most considerable by their intrin- sick value, tho in no employment. There are some families, who, of no very great power in themselv's, yet have great following and dependances in the nation. Such are the Marquis of Montrose, Earl of Mar, Earl of Roseburgh, Earl of Rothes, and Earl of Eglintoun and are worth special notice by the prince ; for, the princes service being put in their hands, by that they ballance the great- ness of the other chiefs, and are fitter, on family accounts, to be put in offices than those others, who have intrinsick power in themselv's ; for, if such be loyall, they have due measure of power in themselv's to serve by ; and so accidental gratifications should be their remuneration when they perform service ; and, if they be not loyall, then it is imprudent to add the princes authority to their power. This is alwise with proviso of personal abilities and qualifi- cations for offices, however they are to be regarded in themselv's ; altho, perhaps, it will be and ever was more convenient for the prince to choose his Ministers of govern- ment out of the lesser familys, and only with regaird to personal qualifications. But there is a peculiar concern which your Majesty hath in Scotland, and is industriously kept from the soveraign's knowledge, and chiefly in favors of fanaticks and others who wold not have the soveraign to know his own strength in that kingdom. It is in the matter of the High-landers besid's those who appertaine to the Duke of Argyle, Marquis of Athole, and Earl of Mar ; for the Mackenzies can, on the Queens call, raise above 2000 men in arms, the M c kies 600, Sir Donald M c donald 400, M c Leod of Herries 400, the Camerons 400, the Lord Lovat 600, M c Intosh 400. All these are firm Protestants and were ever faithfull to the Croun. The M c Ronald of Moydart and Barry 400, Glengary and Keppoch 400 ; most of these tuo are popishly 132 SCOTLAND'S DIVISIONS [1703 inclined. It was with these clans and the assistance of the Atholl men that Montrose in six severall battles did defeat the whole forcess of the states of Scotland when in rebellion, and had ruined them totally, had not forcess from England come to the States assistance, and had not the king, when he came in to the Scots army, commanded them to lay down arm's. These maintain' d a war against the Commonwealth of Englands forcess for more than two years after the kings army's, both in Scotland and England, were ruined ; and never submitted but on very good conditions. And these joined with the Marquis of Athole, when Argyle invaded Scotland and raised all his power in the High-lands. He was forced to quite the High-lands and cast himselfe on the low countrey in the west, where he was ruined by the kings army. It was with these that the Earl of Dundee defeated Major-General M c kies armie, and, had not Dundee been killed and also forcess sent down by K. William from England, they had undoubtedly chased the Whigs out of Scotland. All these Protestant clans are fixt in affection to your Ma*y and wer ever unchangeably faithfull to their king, but hated in extremity by the Whigs. Now, if two thousand pounds sterling by year were discreetly, distributed amongst the principal leaders of the 4800 Protestants, they will alwise have in readiness 2000 men well armed, with fourteen days provision, to march to any place within Scotland on a call from the soveraign or his lievtenent, and this besid's the High- landers belonging to the Marquis of Athole, the Earl of Mar, Earle of Breadalban and the Lord Rae, all which are supposed to be obliged to the Queen by other tyes ; and may at least have as many more in constant readiness for her Ma^ service, so that, without levying of forcess or keeping of an army in tyme of peace, or doing any- thing contrar to law, her Majesty may have 4000 men well armed and of known courage, ready either to suppress sedition or oppose any enimy without any other expense BY LORD TARBAT 133 or trouble than what she wold confer, however, on Tulli- bardin, Mar, Breadalban and Rae. And the said 2000 pounds per annum should be divided amongst the other halfe, who have neither pensions nor offices, and no new levied men in Scotland can stand before these. Which force, joined with her Ma 1 ^ Guards and a few more under pay, will make her government secure against all insur- rections and mobs. And even after an Union, two Lievtenancies in these parts may prove very considerable in the soveraign's hands. 134 LETTERS OF JOHN MURRAY [1702 LETTERS OF JOHN MURRAY, SECOND MARQUESS, AFTERWARDS DUKE OF ATHOLL, KEEPER OF THE PRIVY SEAL OF SCOTLAND 1 (Brit. Mus. Add. MSS. 28,055) /. 66. ]V£ Y Lord, — I have the honour of two of y r lps. daited Windsor, 17 and 24. In the first y r lp. uses very good arguments against the Act of Peace and War, which con- vinces me so much that I shal endeavour to lay it aside this session, as I was formerly against its being in the Act of Security, and I think it is not consistent with an union and comunication of trade betwixt the two nations. In y r lps. last I cannot but be satisfied with the freedom you are pleased to express y r self, which, as its a new proof of the freindship you honour me with, so, at the same time, I must mind y r lp. that nether in freindship or justice vottes in Par u ought to be misconstructed untill the reasons of them be enquired into, which I did not acquaint y r lp. fully off in my last, because I was in hopes to have gott the alteration I had proposed to that clause of E. Rox- boroughs agreed to by the rest of the Queens Servants, w ch I knew was the best handle we coud take to putt off all limitations this session of Par 11 . But, for y r lps. fuller information of all the steps of my procedure, both in the Par u and in the concerts w th the Queens Servants, I refer y r lp. to the memorial here inclosed, which I shall answer for is true matter of fact, and, when you have considered itt, I beg y r lp. will let me kno wherin you 1 He was created Duke of Atholl by diploma on June 30, 1703, and made Lord Privy Seal in April, 1703. His letters are addressed to Godolphin. 1702] DUKE OF ATHOLL 135 think I have failed. As for E. Rox. clause, as I writt formerly, I never saw it nor heard of itt till it was read in the House, so we coud not concert about itt. But, if we had, I shoud not have differed w th others of the Queens Sen-ants, but my view of it was that, if we gott these words insert, that the Umitations might be made any other session or at the meeting of the Est ait es. We might putt them off for this time w to some other alteration, as is marked in the paper inclosed, and which alterations all the Queens Servants agreed to afterwards, and was given in joined w m the Advocats 1 clause, but then it was too late, for we coud not cary it then so fully amended. It has past as neare it as we coud. As for the Advocatts clause, the Memorial shows my part in itt, in which, if I had differed from all the rest, its like I shoud have been blamed for not concurring, but, after we all concurred and went so far as to put our hands to our opinion, and that one of the Queens Servants was ordered to give it in, and most of us had spoke to it in the House, and, at last, when it came to be votted, tho there was not a syllable of alteration from the draught brought in by the Advocat, yett some of them to votte against it and particularly the Advocatt himself and others to vote nothing looks as if some designed to lav more of the blame on me then on themselves. Yett I am satisfied that not only the Queen, but all that ever heares of such a manadge- nient will justifie my carriadge in itt. But, w ch is worst, thev have lost the end and designe of going into that J o o o measure, as is expressed in the paper we have all signed, w° h is that we entered into that measure to make the Queens affaires goe on this Par 11 . But now its to be feared by the manner of manadgement the Servants will have no greater interrest to carry affaires. There is one passage I have forgott, v^ h is, when I perceaved the Comissioner had a mind to gett off out of this clause againe, I went to V. Tarbatt, and, after we had discoursed of the incon- veniencies might follow on itt and of the impossibility of Sir James Stewart was Lord Advocate. 136 LETTERS OF JOHN MURRAY [1702 getting out, I proposed to him that the best way I coud think off was to turn the Advocats clause to an adress to the Queen from the Par 1 * to intreate her Ma tie to take such methods as she thought fittest w th the Par 11 of Eng. to enter into a treaty of union or comunication of trade with this kingdom. This immediatly took with V. Tarbat, and he put the heades of an adress in writting and desiered we might miet that night, being Saturday, at the Comis- sioners to speake of it to him. Accordingly we both proposed itt, as being perswaded it woud be easier to the Queen and the best way of getting out of the clause. But the Comissioner was absolutly against itt, as being afraid to propose adressing, since he was not sure but other things might be brought in to itt, and, therfore, he was against itt, on w ch we woud not venture to propose itt in the House. This I beg y 1 * lp. will acquaint the Queen off, together with the Memorial I have sent, by w ch I am perswaded her Ma tle will be convinced my designes and actions are and shall be what I judge is fittest in the circumstances we are in to carry her affaires, throw w ch I have early signified I saw woud meet w th very great obstructions after the parties were stated in the beginning of this Par 1 *. I shall answer what els is in y r lps. letter by the next. Begging pardon for the length of this, I am, my Lord, etc., Atholl. [Undated.] [June 1702.] Aby., July 11/1704. My Lord, — I came here about three weeks since at the Commissioners 1 desire, and stayed 5 or 6 days and returned to the country, from whence I had been too long absent. But I came back here the 5th instant before the meeting of the Par u , so I am sure there has been no just occasion to notice my absence. The Par 11 being adjourned from the 6th to this day, the Queens letter was reade, and the Com- issioner and Chancelor made theire speeches, as is usual, 1 Marquis of Tweeddale, the leader of the New Party. 1704] DUKE OF ATHOLL 137 and the secretary, E. Cromartie, had also a long written speech, w ch was unprecedented. He took notice that it had been represented that the Queens private opinion differed from her publick declaration concerning the succession. 1 What grounds he had for this I kno not, for I am sure I never heard any insinuate any such thing, and which ought not to have been said, tho it had been true. I have been often tryed as to my opinion about the succession, which I have answered I woud declaire first in Par 11 after hearing the reasonings and the terms to be granted, but I must tell y r lp. I am still of the mind I told y r lp. at London that the Par 1 * woud not declaire without adjusting what relaites to trade. There was this day a resolve presented by a gentleman in the House against declairing the succession. I doubt not y r lp. has a copie, but I understand the person had not concerted it, and I am perswaded it will not be insisted on. If it be acceptable to y r lp., I shall acquaint you of what passes, as I did the last session, and I hope I shall have al waves the justice done me by the Queen and y r lp. as not to belive any thing to my prejudice without hearing what I have to say, and I assure y r lp. of my constant zeale for her Majesties ser- vice, who am, my Lord, etc., Atholl. Aby., July 18, 1704. f. 100. My Lord, — I did myself the honour to writte to y r lp. last week, in w ch I promised to give your lp. an accompt of the most material passages in the Pari*. On Thursday ther was a resolve presented by D. Ham., w ch was delayed to be considdered till yesterday, in w ch it is declaired that the Par 1 * will enter into a treaty with England previous to a nomination. The reasons for this treaty were many, such as the evident decay of our trade since the union of our Crowns, the hardships put on us by the Act of Navigation, the seising of our ships and .seamen, the 1 The belief that Anne was opposed to the settlement of the succession on the Electress Sophia and her heirs was widely entertained both in England and Scotland. 138 LETTERS OF JOHN MURRAY [1704 hindering of our planting of colonies, as latly in Darien, the high duties on linnnen cloath, xcaet., all w ch , con- siddering we are under one heade, was thought most reason- able shoud be regulat by a treaty before the nomination. Those that inclined to a present nomination did not argue against the reasonablenes of a treaty, but alledged that, after we had secured our selves by limitations, we woud be in a better condition to treate, on w ch the E. of Rothes presented a resolve that we shoud first enter on limitations and afterwards considder the treaty. In short, none refused. The limitations were offered both by the Com- missioner in his speech and others of the Queens Servants, so both the resolves were joined and pressed to a votte after 6 hours sitting. But, just before votting, the Queens Servants that were for limitations, being sensible they woud both pass, did then propose to seperate the clauses, but it was too late, for they had the same fate that the clause in the Act of Security had last year, which was then offered to put off another clause about limitations. My Lord, as to the way and method of manadging this affaire, I have had no manner of hand, not being advised with by the Queens servants, who are the manadgers here, and, therefore, as I said in Par u , I was at the more freedom to declaire my opinion, which was that I thought it the interrest of Scott., as well as of Brittaine, that there shoud be a previous treaty to adjust what is wanting before a nomination, without which the setlement coud never be lasting nor secure, and, therfore, it was also the interrest of Eng. that it shoud be done in that manner, and I hope no impartial Englishman will blame a Scotts- man to desire such a setlement ; much less I am perswaded will the Queen be dissatisfied that any of her Servants shoud desire that reasonable and just terms be agreed to before a nomination, which is not opposing but proposing the best method for itt. I hope the Queen and also y r lp. will now be satisfied that what I told at London was truth, for I then said that a Scotts Par u woud never nominat without a treaty, and, if others had been as ingenuous, it had been better, but I hope the Queen will 1704] DUKE OF ATHOLL 139 alwayes most aprove of those who are so. And, tho all the Q s Servants were of a peice, as they call itt, in this measure to prefer the succession to their Queen and coun- try it woud not doe, for y r lp. may depend on itt, there are nine parts of ten of this nation against itt without terms from Eng., and the new Register 1 is now so sensible of this and so afraide to appeare for this measure in Par 1 * that he never once opened his mouth for itt. I doubt not but he and those he influences will misrepresent me and the Justice- Clerk, 2 who also concurred for the treaty, because the truth is, we prefer the Queen to her successor, w ch by irregular and over zealous methods he takes, it rather appears he prefers the last. I am sure nothing can or shall be more affectionate then I am to the Queen, which shall alwayes appeare in all my actions relating to her Ma tIe . Particularly I shall show in this session by supporting her goverment and the forces that I act as a dutiful and faithful servant to her Ma tie . I beg y r lp. will be pleased to acquaint the Queen of what I have writt, who am, my Lord, etc., Atholl. Aby., July 22, 1704. /• 105. My Lord, — I doubt not but yesterdayes proceedings will be misrepresented by those who pushed the beginning with a suplie before we gott any good laws. Those who differed from them were for beginning with some good laws to satisfie the minds of the nation, which, as it was alwayes the ordinar method both here and in Eng., so I was realy convinced it was most for the Queens service that some good laws, particularly an Act of Security, in caice of her Majesties decease (who I pray God long pre- serve), shoud be begun with, which woud have made the suplies carie not only unanimously but with the satis- faction of the whole nation, which I cannot but think was worth the delaying it a few dayes, and, in the meane time, it was proposed by D. Hamilton that two months 1 James Johnstone. 2 Roderick Mackenzie of Prestonhall. 140 LETTERS OF JOHN MURRAY [1704 suplie shoud be granted to subsist the Forces. I found the Comissioner once inclined to this method, but his advisers, considering more theire private designes then ether the Queens true interrest or his, pushed the vote two months or six, the last carying by a smal majority. But I must tell y r lp., before it went to the votte I offered that, if we passed first ether a short and plaine act for security of the kingdom in caice of her Ma ties decease, or the act for security that was voted last session, taking out of it the clause for a communication of trade, we woud immediatly therafter grant suplies for maintaining the Forces for a yeare at least, and D. Hamilton offered to give 8 months cess instead of six, after voting some good acts. But, since this was not accepted, we were for giving first but two months suplie to subsist the Forces untill we had some good acts passed, wherfore I hope the Queen will not think those who were for this method less forward to give large suplies then the others, but that it shoud be given with more unanimity, and with the hearts and good will of her subjects, which I am sure is much more valuable to her Ma tie then a few thousand [libs.]. And now, my Lord, I must tell y r lp. that, as the house of Lords adress about the succession and Mr. Johnstons coming down an Officer of State, who has not a shilling interrest in Scott., and his violent pushing that measure was the cause of the last resolve about itt, so I am sure his too hasty pushing the suplie was the cause of the differing about itt. 1 But its too visible he designes to take all methods to bring the Queens goverment to stand on as narrow a foundation of one sett of people as D. Queens, had done. But I shall now only ad that I hope y r lp. will be pleased to communicate what I have writt to the Queen, who am, my Lord, etc., Atholl. 1 It was Godolphin's ardent desire that in the session of 1704 an Act should be passed settling the succession on the Electress Sophia and her heirs, and with this object he had placed the New Party in power. Johnstone, who had been his chief Scottish adviser, was made Lord Clerk Register. 1708] DUKE OF ATHOLL 141 Blair Atholl, ye 22d Jully, 1708. /. W. My Lord, — This day the party is removed from this place on my rinding baile in the terms and for the sum the E. of Leven proposed. 1 I am extremly sensible of this great favour I owe to the Queens goodness in the first place, and allow me to return your Lop. my humble thanks for your concerning your self so much for me, for which I shall allways make what gratefull acknowledge- ments is in my power, as also for the great concern you have shown for my brothers, which my brother James who is now returned and Sir David Narin have acquainted me of. There is none more heartily rejoyces than I doe for the late success of her Ma ties armes in Flanders under the command of so singularly great and successfull a Generall as the D. of Marlborough. I hope it shall have the happie effects of making the best of Queens easie in time comeing, — my Lord, etc., Atholl. [Not autograph, but signed.] 1 Atholl had been arrested under the suspicion of being in correspondence with the Court of St. Germains. See above, p. 109. 142 LETTERS OF ROBERT HARLEY [1702 LETTERS OF ROBERT HARLEY, SPEAKER OF THE HOUSE OF COMMONS, AFTER- WARDS EARL OF OXFORD 1 (Brit. Mus. Add. MSS. 28,055) Bramton, Aug. 9, 1702. • ••••••• Your L d P wil, I hope, forgive me if I troble you very impertinently w th what I hear from Scotland. That the Parliament there is to be dissolv'd by proclama- tion they like very wel, but the immediate appointing a time for the meeting of a new one gives them great un- easiness. If the thing be so, they charge it upon the English ministers, because D. Queensberrie came out of Scotland of another mind ; and, in particular, they say L d Not m presses it and hath written to D. Qberry for his opinion if he cannot come up. The arguments they urge ag st this are that the Queen need not do it, for she hath supplys for her Forces until June 1704, w ch gives her Ma tie time to calme the minds of her subjects there, and choos a fitter time ; that it hath been usual in Scotland to dissolve a Parlm* and not appoint the meeting of another ; that the constitution of Scotland requires them to elect members for the countys at Michaelmas, but not for the burgs, etc., til a Parlm* be actually called, thereby her Ma tle wil have an opportunity to see what elections the countys make, and so have it in her power either to cal a Parliam 1 if she likes their choice, or difer it to another year, when they must make another election ; that this wil be look'd upon as procur'd by the interest 1 Ilarley's letters are addressed to Godolphin. 1703] EARL OF OXFORD 143 of D. H. and the disserting members. The Kirk pretend to be frightned at it, and their own country men (accord- ing to their custome) already disown it. This is what I hear from thence and I must beg your L d P pardon for laying this before you as I receive it, having neither wil nor skil to reason upon these heads my self. One thing wil occur at the first sight, that new Parliaments in England, Ireland, and Scotland in the compass of so few months wil find her Ma tIes ministers business enough. • ••••••• 1703 [?] Thursday night A 5. I desire this may present your L°p my most hearty thanks for the honor of your L°p letter and the enclosed papers from Scotland, which I returne herewith. I think that Parlm 1 have reason to be satisfied in her Ma tles declarations in her letter, and the two speeches of y e Commissioner 1 and Chancelor 2 give them no ground to suspect any art in the managers. The steps hitherto seem to be fortunate and Lord Seafield judges very wel when he wishes a short session, and to that end to get the public business dispatch' d. He seems in his distribution of parties to leave none to D. Hamilton but his relations and dependants. 3 He is willing, I see, to christen the nonjurors by the softer name of Cavaliers. He seems to have a reasonable fear of the Parliament dividing into two partys ; that I doubt wil be very mischeivous ; for, tho he calls them Whig and Tory, it wil turne to down right Kirkmen and Episcopalians, w ch wil have its influence heer as wel as there, and, therefore, I hope it wil be prevented. No side at present cares for settling the succession, but, if they break into partys, it may be the weakest wil attempt somewhat of that kind for their own reputation. 1 Queensberry. 2 Seafield. 3 The Country Party had been greatly reduced in numbers at the late election. 144 LETTERS OF ROBERT HARLEY [1704 /. 94 July 17, 1704, Monday might, past one. I have also receiv'd two letters from Scotland, one from L d Leven, and the other from Mr. Carstares, to whom I have not wrote since he went down last to Scotland, and this is the first I receiv'd from him. If her Ma tie approve it, I wil write to them both to encourage them to promote the Queens service. The overture, as they cal it, w ch Lord Leven encloses is a most insolent one, and there seems too much shew of delight in several persons to see the present managers in Scotland like to miscarry. 1 They, the Q ns Ministers, ought to be sensible of that, and their own hazard if they do not succeed. That w ch wil work most upon that nation is to be made sensible the Queen doth not fear them. • ••••••• [So signature.] /• ■« July 29, 1704, Saturday night past 11. I came hither in good time and immediatly applid myself to y e main business. My agent hath been with me and hath had that good effect with the father last night that he promises to put al he knows in writing, and he says he can do the greatest service ever was done to England. I have ordered my agent to prevail with him to come to me personally. They are now in search to find him, because he, according to custom, shifts his lodgings, and I hope to have him willingly tomorrow. This consideration inclind Mr. Secretary Hedges, 2 to whom I have communicated the whole affair, to think it best to recal y* summons to the Lords upon pretence no letters are come in, etc., and both of us to attend in town to- morrow, either to have the father by fair means or by foule in our hands. But I hope he wil point us out how to have them al. As soon as anything is done, y r L d P 1 The New Party, the party in power, utterly failed to carry the measure with which they had been specially entrusted — the settlement of the succession. 2 Sir Charles Hedges, English Secretary of State, 1700- 1706. 1704] EARL OF OXFORD 145 shal have an express ; but we thought it would have spoyld al to have opned the business to Lords before the persons were seizd. If it be an error, y r L d P wil forgive it, and believe it to be an error of zeale. [So signature.] [1704] July 30. past nine at night. I receiv'd the honor of y r Lp s letter just now, and wil acquaint y r L d P with the reasons at large why we could not do anything last night,, and hope that the father is not slip'd out of our hands. But my agent could never learne of him where he lodg'd, but having on Fry day night talk'd with him upon the advantages might be made of his knowledge, he enterd upon it himself, and that, if he might not be exposed, he could do the greatest service that ever was done in England. Last night, while my agent was with me. he cal'd at her house, and left word he would be there this night again ; and tomorrow morn- ing I expect to have him with me. I have had the same jealousie as y r L d P has, and it is but reasonable : but my hope is grounded upon the expectations that the father and my agent have of a reward ; that not knowing where to snap the father and the hopes of seizing hers that is gon into the country and whose returne is expected, together with the names of some others w** I want, and are necessary to be known, and the fair prospect of what the father can reveale, encoragd me to think a days delav would be abundantly recompenc'd if the discovery succeed and to send out warrants, as so much uncertainty might chance to spring the birds before the nett. I have this morning the name of a woman who is made use of to convey them their intelligence when the Court is at St. Jameses. Tomorrow I wil send away an express as soon as ever I have my answer, for, if he keeps not his word, there shall not be a moments delay to search for him and the rest. By what I shall write tomorrow y r L d P wil judg whether K 146 LETTERS OF ROBERT HARLEY [1704 it is necessary for her Mat ie to come to town, and I hope we shall not be disappointed. It is hard not to have acess in Scotland without a clog. If any thing is to be conceded, it ought to be for the succession. And it is not possible for any one to judg of their Act of Security but those who are upon the place and know y e contents of it. On the other hand, to disband their few forces at this time wil look very strange, and yet I believe they want to be new moddeld before they can be confided in. If they had given more time, and this conspiracy be plainly made out (in y e mean time) it would give a new face to affairs there. I did write last night to the Lord Chan lr that I hoped in a few days I should give him a large ace* of the designs ags* Scotland, but that there was proof already that they carried commissions down to Scotland. I am sensible in this great affair that I am liable to be guilty of great weaknesses ; but I beg you wil represent to her Ma tie that I wil never be wanting in diligence, zeale, or duty for her service. [Written on the back of the page :] I cannot find by comparing circumstances that the priest hath y e least suspicion of my agent ; if he had, why did he not go away yesterday ? [Written in another hand :] No name or date. Mr. Harley. July 31, 1704. By my letter last night I gave y r L d P the reasons why the priest was not endeavor' d to be seizd. I am now in a great measure eas'd of my paine by a letter I receiv'd from him ; a copy whereof I heerwith enclose for her Ma tles perusal, as also a copy of my answer, in w ch I hope I have not gone too far ; and, considering what service the priest is capable of performing, I thought his pro- position ought to have a hearty reception and an encorag- ing answer. I send also a blank warrant for a pardon if 1704] EARL OF OXFORD 147 what I have written to him do not give satisfaction without her Ma ties hand. If her Ma tie is pleased to approve of what is done, the expectation of a ful discovery wil require her Ma ties presence as soon as suits with the Queens convenience. The priest doth not suspect my agent in the least, and by the begining of his letter y r L d P wil see that he believ'd I made some doubt of his sending the message to me on Saturday last the better to disguise my agent. Yr L d P wil please to keep the copy of my letter, for I have no other and wil not stay this messenger to trans- cribe it again. I would have come myself to Windsor instead of sending this letter, but that I think my attending on this affair in town is more for her Ma ties service. I have observd the very spelling of y e priest in y e copy. [No signature.] St. James [? Aug. 3, 1704], Thursday, past eight. /. 9. Not finding y r L d P come from Windsor, and being oblig d to go as far as the Tower to pay my last respect to poor S r Christopher Musgrave, 1 I doubt it wil be too late to troble y r L d P this night. When I return, therefore, I leave enclos'd the priests letter to me this afternoon and a copy of my answer. I bid my agent tell him that I wil wait no longer than tomorrow to see him ; that, if he be not nimble, he wil loos his reward, and others wil step in discoverers before him, for I have evidence enough ag st him and some others. I understand by my agent that he expected letters this night. I wil wait upon y r L d P as soon as I have his answer tomorrow morning that I may attend her Ma tie with it. I have written to Mr. Robinson, Mr. Stanhope, and Mr. Foley upon this action of y e Swedish man of warr. [No date or name. Mr. Harley.] 1 Clerk of the Ordnance. 148 LETTERS OF ROBERT HARLEY [1704 /. 134 Sunday, Sept. 24, 1704, past twelve. I receivd the enclosed letters, one from Lord Leven, and that enclosd to the Queen. I find my letter is of an old date, viz. Sept. 6, tho brought but new to my hands, and my porter tells me the person who left it said he was a servant of the Duke of Argiles. I doubt not but her Ma tles resolution to dispatch that nation speedily, and to show her resentment on those who have disserv'd her in that country wil have a very good effect at home. 1704] LETTERS OF GEORGE RAMSAY 149 LETTERS OF LIEUT.-GENERAL GEORGE RAMSAY 1 (Brit. Mus. Add. MSS. 28,055) My Lord, — I had a letter from my Lord Cromertie, /. 82. wherin, amongst other fonds for payeing me what is dewe to me by the Government, he accquainted me that he had spoke to your Lordship of two thousand pounds advanced by the treasury of Scotland to some Forces on the English establishment, and that you wer pleased to say that you would speake to her Majesty, finding the thing just, and that I should be preferred to any in the like circumstances, for which I give your Lordship my humble and hearty thanks. I hope you will take some course with the respitts of the Scotts Guards, of which your Lordship has had severall memorialls. I am ashamed to trouble your Lordship with the state of her Majesties Forces in this kingdome, which are extream weak. I am with respect, my Lord, etc., Geo. Ramsay. Caridden, June 1, 1704. My Lord, — Nothing having occurred to the Queens /. 98. Forces in this country I would not trouble your Lordship, but, her Majesty having given instruction to her Ministers here anent the succession, I thought it my deuty to accquaint you of such officers of the army that are members of Parliament who have voted contrary, to witt, the Earle of Marr, Governour of Stirveling Castle, and Colonel of a regiment of foot, and Mr. John Stewart, George Ramsay of Carriden. His letters are addressed to Godolphin. 150 LETTERS OF LIEUT-GENERAL [1704 brother to the Earle of Galloway, second L 1 . Colonel to the regiment of Guards, that I may have her Majesties pleasure therein, for in my sentiment it looks not well, and I think none deserves a commission that will not serve her, as her Majesty pleases. I lykewise intreat your Lordship would accquaint her Majesty that there are a hundred and twenty men in Edinburgh Castle, a hundred in Stirveling, forty in Dumbarton, who are altogether insufficient, and are under no direction, but that of their respective Governours, nor do receive any orders from the Commander-in-Chieff, and, if there were any stir here, behoved to be supplied from the few forces wee have in the country. Ther is also three Highlands independent companies of fifty each that are of no use that I know of if ther were any commotion, which are lykwise included in the number of the three thousand, so that the small army here is in a manner mouldered to nothing. Pardon this trouble and beleive me to be, my Lord, etc., Geo. Ramsay. Edr., July 18, 1704. f.W. My Lord, — I think it my deuty her Majesty be ac- quainted that the Lords of the Treasury are not so friendly to the army as might be expected, particularly my Lord Chancellour, and Eglingtone, 1 for with much adoe wee gott them to signe precepts for the 14 months of reckonings which werr ordered by Parliament, tho att the same time, the Chancellour gott his brother his yearly sallary for 200 pds for his service in the west, wheras the Councel had only allowed one hundred pds in all to fitt him out, that being thought sufficient, he having the allowance of one half of what catle or victuall he should siese imported from Ireland. As for the 40 foot and twenty dragoons, for which he obtained the Councels order, I permitted them to stay during the sitting of Parliament, but, being now to review the troops, and the winter comeing on, I have recalled them. It has been often represented to her Alexander, 9th Earl of Eglintoun. He was a Privy Councillor. 1704] GEORGE RAMSAY 151 Majesties Ministers that their being there was rather a hurt than advantage to the country, so I should be glad to know the Queens mind, if, after the review, they should be returned. The Ministers here lykewise amongst them have made a wrong calculation as to the fonds of supply for a year, being short of the full pay of the army as now established, 4327 pds., 4 shillings and 6 pence, besydes 1500 pds. which the Treasury judged necessary to buy ammunition ; as also, about 2000 pds. for keeping up the frigatts. To help this their mistake, the Chancellour, eer he left this, was talking of breaking a corps or reduceing of companies, which in my opinion is wrong, her Majesties service rather requyring her Forces should be augmented than diminished in this kingdome, which may be done by the scheme I sent your Lordship formerly, and the army kept up till next session of Parliament by the 10,000 j?ds., which the commissariat are obliged to advance. I am, with all esteem, my Lord, etc., Geo. Ramsay. Edr., Septr. 23, 1704. 152 LETTERS OF DAVID MELVILLE [1704 LETTERS OF DAVID MELVILLE, THIRD EARL OF LEVEN, AFTERWARDS SECOND EARL OF MELVILLE, COMMANDER-IN- CHIEF IN SCOTLAND 1 (Brit. Mus. Add. MSS. 28,055) fltso. My Lord, — I have given you so much trouble formerly in my oun concerns that nothing but the outmost necessity could make me give you anie more of that sort. I find, since my arryvall here, that what I told your lo. of a designe against me is more certaine then I did beleive when at London. I am informed my enimies have bespoke sume lawers in order to prosecute me befor the Parliament. They insult mightily because of my not obteaning a remission, and I see very plainly that that has encreased their malice and encouraged ther hops of success against me. This makes both my frinds and my selfe uneasie. I have waited severall times on the Chancellor, but I was receved with so much coldness and he was so much upon the reserve with me that its evident he neither trusts me in publick matters nor designs to favour me in my oun concerns, and, when I informed him that your Lo. told me you was to wreat to him to take care to prevent my being brought to anie trouble, he did not acknowledge the receipt of anie such letter, but said that it wold be more proper for your Lo. to acquent the Commissioner therof. I desired he wold doe me the favour to wreat so to yow, which he promised. Your Lo. will know if he has done so or not. My lord, I came home in full hops of her Majestys protection and with a reall designe to advance Melville's letters are addressed to Godolphin. 1704] THIRD EARL OF LEVEN 153 her interest to the utmost of my pouer, but my present circumstances doe considerably obstruct my influence, people now beleiving my enimies have more interest at Court then I. Now, if it wer possible for your Lo. to prevaill with the Queen to grant me a remission befor the Parliament sitt, as it wold be a new obligation from yowr Lo. never to be forgott by me, so it wold be a meen to further her Majesty s affairs by preventing much heat, which must necessarly fall out if I be attacqued. It has been insinuat to me that, if I will not joine with the Court, I shall be safe, but this is a proposition I never will listen too. Therfor, I beg the Queens protection and your Lo. assistance that I may be in a capacity to serve her Ma^ in this Parliament, which my enimies hop to hinder me from, either by frighting me to withdraw or by imprisoning me upon ane accusation, and, if either of those fall out, I fear it may be attended with inconveniancys by the dis- curadgments that will therby be given to all those I either have relation too, or influence upon. I must intreat to have the honour to hear from your Lo., and must beg yowr pardon for this great troble. I am, my Lord, etc., Leven. Edinb., June 20 [1704]. My Lord, — I wold have acknowledged the honour of /• ® 55 - your lo. letter of 28 Juine befor now, had ther been anie thing worth your notice to have given yow an account of. I wrot last week to Mr. Secretary Harlay and I know what I wrot to him he wold give an account off to your Lo., and, therfor, I forbore giving you anie troble till now ; and, altho I am very sensible that yow may have fuller accounts from others, because I 'm keep't altogether a stranger from the management and knows nothing untill I hear them in the House, yet I cannot forbear giving your Lo. a short account of what has passed amongst us within these few days. That resolve given in first by Mr. Seaton was given in nixt day by the Duk. of Hamilton with a very smal alteration, and, affter it was reasoned a litle upon, was delayed untill the next meetting of Parlia- 154 LETTERS OF DAVID MELVILLE [1704 ment, wher it was againe taken unto consideration, and, affter sume debate and additions made to it, those that pleaded for it, knowing their own strenth, pressed mightily for a votte, which they obteaned ; and it carryed, approve the resolve by above forty vottes, so that now the setling the succession at this time is quit out of door's. I shall not take upon me to determine wher the mistake has been as to the calculation of our strenth (for I was made belave befor the votte that the plurality was on our syde), but sure sume has either litle influence or they have not made use of it, else wee could never have lost it by so many. But its not fitt for me to accuse anie body, so I shall only say for my father and my selfe that, what ever others have done, wee have omitted nothing (so far as wee wer capable) that could anie way advance her Majesty s interest, and I hop this will easily be beleived, when its considered how unite the Presbyterian party have bin, and how firm on this occasion to hir Maj s interest and service. And I dare appeal even to my enimies if ther be so much as on member with whom I ever had anie interest or influence but who has appeared on this occa- sion with duty fullness and zeall. I have met and still meets with very great discuradgements from those in- trusted with the management of affairs, but I intreat your Lo. to beleive that nothing can divert me from my duty to the best of Queens ; and I most humbly beg that your Lo. will doe me the honour to lett hir Majesty know so much. What my Ld. Commissioners instructions may be on such an emergent as this I know not, but, in my humble opinion, the cheife, if not the only thing now to be at- tempted is the obteaning a supply, and, if that wer once granted or refused, the sooner the session cume to ane end the better. For, if the Parliament goe unto the considerations of limitations, it may be inconvenient, unless all such limitations are to be granted, for, altho without the royall assent a votte of Parliament is not binding, yet it has been always the chief care of our soveraigns to shun as much as possible the interposeing of 1704] THIRD EARL OF LEVEN 155 the negative to what was once passed unto a votte. I shall give yow no further troble, but begs the continow- ance of your Lo. favour and protection, and that yow will beleive that I am, my Lord, etc., Leven. Ed., July 18 [1704]. Right Honourable, — I have not given you anie /• 66 - trouble of this sort for sume time, because, as soon as the Acts of Suply and Security wer passed, I was dayly expect- ing an end to this session of Parliament. I was obliged to make use of a borrowed hand the last two letters I sent to you, because I understood that sume wer very bussy upon the enquiry if I keept corespondence with anie in England, and wold have been glad to have gott a letter under my hand to anie English Minister. But, now that the Parliament is at an end, that danger is over. I wrot my opinion pretty fully of the Act of Security in my last, and, now that it hath gott the royall assent, ther 's no more to be said ; only sume part therof seems not to be much in favours of a Protestant successor upon the event of the Queens death ; at least, not in favours of the suc- cessor of England because of severall conditions mentioned in that act. The sitting of our Parliament so long after the granting of the supply has been matter of great admira- tion to me and many others ; nor can wee imagine what arguments have been made use of by our statesmen to perswade hir Majesty to allow therof, for sure they can not so much as pretend that ther has bin anie thing of import- ance offered to the Parliament by them, either for the advantage of the Croun or for the good of the cuntray. For, as to publick accounts which has taken up a great part of our time, ther is nothing done upon them ; they are all remitted to a Commission of Parliament ; and now its pritty evident that the great design of sume persons for enquiring into those accounts in plain Parliament was to reach particular persons who had been either on the Theasury or anie other way concerned in the management or collecting of the publick mony. The other acts that 156 LETTERS OF DAVID MELVILLE [1704 have been under the consideration of the Parliament are an act for enlargeing the number of burrows, offered by Mr. Fletsher, an other offered by the Duk. of Hamilton for free votting, as he called it, in which act all officers of the army, all haveing pensions from the Queen, all con- cerned in collecting of the publick mony are made in- capable of being chosen or continouing to be members affter they get anie such employment. Now, how far those or the resolve relaiting to the House of Peers ther procedour in the enquiry into the Plot and ther address to the Queen, which wer equaly disobleidging to many in our Parliament, altho ther wer others that did not think the Lords addressing hir Majesty to use hir endevours to setle the succession anie under intermedling in our affairs ; I say, how far tho[se] or the address by our Parliament to hir Majes[ty], as it is worded, may either tend to the Que[ens] service, the good of our cuntray. or to the promotting of a good correspond- ence betwixt the two nations, I leve you to judge. But why the Ministry should have concurred in those acts, resolves, and addresses I cannot imagine ; and that they did so, I hop they will not deny, and without ther con- currance it was not possible for the opposing party to have carryed a votte in favours of anie of those acts ; and of what bad consequence ther getting a first reading by a votte in this session is easie to be judged. As to a subse- quent session, and if the comissioners speach to the Parlia- ment, when it was adjurned. be considered, it seems to infer that such acts as have not been perfected this session may be so nixt time the Parliament meets. All I shall say is that the misterious manadgment of our statesmen was not to be understood by such of us who had not the honour to be upon ther councills. I hear they are called to Court, and are therby in great expectation to have all employ- ments at ther oun disposall, and, if you will take ther oun testimony, no doubt they and ther frinds will be the most deserving persons in the nation. I wish hir Majesty may employ such in hir service as will be both zealous and faithfull in the discharge of ther duty. I have presumed to wreat to hir Majesty and have adventured to put it 1705] THIRD EARL OF LEVEN 157 1 under your cover which I humbly beg you to pardon. I must intreat the continowance of your favour that you will pardon my freedom in this long letter and that you will still allow me the priviledg of wreating to you, and the honour of ouning my selfe to be. Right Honourable, etc., Leven. Sep. 6 [1704]. If you please to honour me with a letter, it will come safe if directed as formerly. [Endorsed : 4 L d Leven, Sep. 6. No year.'] My Lord, — I should not have been so long silent, had f- 306 - not my Lord Commissioner and the Marquis of Annandale given your Lo. so full accounts of what passed in Parlia- ment that ther was nothing left for me to ad. This serves to give your Lo. notice that yeasterday wee obteaned a supply of six moneths cess, which serves to pay the Forces for a year. I hop now this session shall be very soon at ane end, ther being litle business to finish but such as pass of course, except that relaiting to our haveing ambassadors to represent us at the first treaty of peace. How this may goe in Parliament I know not, but wee will use our endeavours to get it put off if possible. I intreat your Lo. to beleive that I have contribute all that was in my pouer to bring this session to a good conclusion, and I perswade my selfe that his Grace my Lord Commissioner will doe me the justice to oun that my interest has been of sume use to him. I shall give your Lo. no further trouble, but beg the continouance of your favour and protection, and that your Lo. will doe me the honour to beleive that I am most intearly, my Lord, etc., Leven. Edinb. Castle, Sept. 9 [1705]. My Lord, — I am unwilling to be trublesome, but yet / ¥>4* I cannot be longer silent lest I should be thought ungrate. Hir Majesty has been pleased to order the Earle of Mar to acquent me that I am to be honoured with the command 1.5S LETTERS OF DAVID MELVILLE :i;o6 of the Forcess of this kingdom, and. therfor, I think its high time for me to make my humble acknowledgments to your Lo. for your frindly assistance in this affaire. I know I oue my preferment in a great measure to his Grace the Duke of Marleburough and your Lo.. and, therfor, my retorn of thanks is ane indispensable duty, which I hop your Lo. will accept off. The trust hir Majesty has been pleased to honour me with is very great, and I doe assure your Lo. it shall be my great study to acquit my selfe so in the discharge therof as hir Majesty may have no reason to repent of the choise she has made, nor your Lo. of the favour and honour vow have done me in recommending me to hir Majesty. Its very probable the post I am now in may obleidge me to address your Lo. sumetimes, which I hop vow will allow off. I must still beg the continuance of your Lo. favour and protection, etc. My Lord, etc., Levex. Ed. Castle, Jan. 26, 1706. 1704] LETTER OF SIR GEO. MACKENZIE 159 LETTER OF SIR GEORGE MACKENZIE, FIRST EARL OF CROMARTIE, LORD JUSTICE-GENERAL OF SCOTLAND (Brit. Mus. Add. MSS. 28,055) My Lord, — My earnest desyre to be usefull to herr Maj. /• ? 6 - in the matters now under consideration moved my resolu- tion to wait on your G r this day, but I am taken ill, and I judge the reading of this will take less of your tyme then if your G r should call at me, yet always under protes- tation for allowance to wait on you some minuts befor you part. My Lord, I am still afraid that some who have done too much for inhancing herr Maj s offices, will readily undertak more as they can perform, and think that they may find a pretence or excuse on failur, with more ease then to gett in againe to ane unfitt share of imployment. But a failure in the undertaking as to the succession hath a worse veiw then they or their service can take of, and, as a remedy, I have heer inclosed some of my poor thoughts as to that matter which, with takeing in some consider- able men to the Government, and such as may be presumed to goe truly into herr Maj s measures, and are true Protes- tants and sonnes of Brittaine, I hope may sett matters right ; and I am sure I recomend persons without the least byass on my relation or affection, but such as I think will be true to the Q n and Brittain, tho they were never kind to me, of which number there was one which the last dayes hast left unnamed, and yet I doe beleeve may be of great use on this occasion on diverse accounts ; this is Mr. Jonston, nor perhaps, will any one be more capable to doe good service now. I have inclosed a litle note relating to my self, which some urgent occasions forces from your Graces, etc., Cromertie. 28 March 1704. 160 LETTERS OF CHARLES MONTAGU LETTERS OF CHARLES MONTAGU, FIRST LORD, .AFTERWARDS EARL OF, HALIFAX (Brit. Mus. Add. MSS. 28,055) 4 Septemb r 1705. My Lord, 1 — I return your Lordship many thanks for the honour you did me in sending the letters, v^ h I return, and will freely tell your Lordship what occurrs to me upon reading them, tho I will not pretend to give any opinion. L d Somers went out of toun so latelv that he thought it would not have a good appearance to come up to discourse this matter. I sent the pacquet to him, and by what he writ, and what wee have talked lately, I beleive our senti- ments agree on this subject. I should never be fit to offer an opinion on a matter of such consequence, on which, as appeares to me, the whole affair turns. But, in this case, I am the lesse capable, because I have not all the information requisite to form a judgement. The unanimous advice of all the Queens servants is mentioned in all the letters, but that, I suppose, is in the Queens hands, and I cannot judge of the weight of those reasons before I know what they are. I never heard what the Act of Fishery contains, and, tho I suspect a snare in every thing, I can not say a word about it. I know nothing of the contents of the Act for the Council of Trade, but only have heard that the members are to be nominated by the Parliam 1 without any approbation of the Queen. I beleive this is w^out precedent, and, if they have also power of acting without her, such an act alone is enough to occasion a war between the two nations. By the copys of these acts your Lordship will see what Godolphin. EARL OF HALIFAX 161 the import of them is, and what danger there is that they will be ill taken here. But it 's impossible for me to do any thing but frame conjectures, who do not know the contents. The subject of them is trade, which nearly concerns England. One thing falls out unluckily (or is done very knavisly), the Queens servants have been allowed to carry this only point : the Council of Trade are chose by them by which the Ministers are obliged to espouse the Act, and their party will be disobliged by the rejecting it. Something of this kind was attempted in England and laid aside but by one vote. I remember very well with what views that was set on foot, and, considering the opinion the world has of our Council of Trade and Admiralty Board, how far, my Lord, may a Scotch precedent be caryed ? I confesse, my Lord, I see nothing but that they are bringing the Queen to the like difficultys as the last year before she is well got rid of the unhappy circumstances of what they then got from her. If she will have a sess, she is likely to pay dear for it. She must consent to change the Government in the time of her successor, at least, if she does not make a great advance towards doing it in her oun time. The sending for the royal assent by peicemeal and expecting that, as the terms of pro- ceeding farther is of dangerous consequence, and if such a method was taken up in England, might prove worse then a tack. The resentment the Queen has show'd against such sort of proceedings should incline her to checff the offering it in an other disguise. Why should not the Queen hold to the answer she has sent for the present ? I should think it was soon enough for them to know what she would do, when she knows what they will do. If the supply must wait for the Act for the Treaty, should not every thing else wait for it ? And, if there be realy any weight to be laid on these acts, to which they desire the royal assent, will not the delay of them naturally hasten the passing the other, unlesse you rely on their gratitude ? The Duke of Queensberry says, if the Acts for a Treaty and Supply do not passe, there L 162 LETTERS OF CHARLES MONTAGU [1705 will be danger of confusion and an irreparable breach between the two nations. But he confesses the Queens servants are under great diffieultys, that they must comply in some measure with expressing their resentm ts against England, and that there is danger this may be pushed too high. Who can explain this ? And ought it not to be explained before the Queen shows any complyance ? Perhaps the Act for a Treaty is not designed to set a foot a union but to affront England. In that case the Queens choice is not difficult to make, and the lesse she has done the better. I am no competent judge how uneasy the Queen may be in her oun reign with a triennial Parliam 1 in Scotland, but I can see very plainly the New Party and all of them are very well pleased this should continue. And I am sure this can never (after being entangled, as they are) do any good for this or any future reign. And, if this Act passes, the Queen is deprived of the assistance of any of the collectors of the revenue. How far that is of consequence I can not tell, but, if the same care had been taken of the other officers as of the Receiver-General, they would have scaped better. They were excluded by a small number, and he was saved by a great majority, tho the most likely to influence. I am running on without end, but, when it is impossible to come to a judgement in any point, all one can do is to suggest what comes to mind, and submit all to your Lord- ships better judgement. I may be the easier mistaken in this matter, for I never expected any good from this session. I have no hopes of the publick good, and, if things are so ordered, that no blame can be laid on the Queens Minister here, 'tis all I can wish. I think the step you have made cannot be mended, and I hope you will keep your footing. I beg leave to trouble you with a letter from one of your Lordships officers in an other kingdom. I have heard a great deal of the Club he speakes of, and will tell you more of it when I have the honour to wait upon you. I am, My Lord, etc., Halifax. EARL OF HALIFAX 103 My Lord, — I hope I have not done wrong in keeping -. sk. the Scotch letters so long. I was to meet L d Somers this day to finish what wee discoursed of last weeke, and I thought your Lordship intended I should show them to him. ^Yhen I came to toun, I found every body full of discourse that the Queen had signed a warrant to Secretary Hedges to fetch the seals. I was not surprised that the seals were sent for, but I wonder a warrant of that kind is made publick before it is executed. If I should happen to be at Hampton Court, I will come to wait upon your Lordship as soon as I hear you are in toun. I am. My Lord, etc. Hat, it ax. 4 Octobr. 1705. 164 LETTERS OF ADAM COCKBURNE [1705 LETTERS OF ADAM COCKBURNE, LORD ORMISTOUN, LORD OF SESSION, AND AFTERWARDS LORD JUSTICE-CLERK (Brit. Mus. Add. MSS. 28,055) Edinbr., 31 May 1705. May it please your Lop., — The Lord Comissioner, haveing last night called me with three or four of hir Maties Servants to advise what was the properest measure to be taken for doeing hir Maties bussines in Parliament, I was of opinion that hir Matie could not get over the recomending the succession and that with as much earnest- nes as she did in hir letter last year, which all the Queens Servants behooved to endeavour w* all the firmnes and earnestnes they were capable. Others thought that measure would endanger all be reason they could not get theire pairty up to it, but, if a treatie was proposed, they might goe along even in the giveing of supplys, which they would not doe if the succession was proposed ; for some of the pairty could not make so short a turne (haveing gone last year in to Duke Hamiltons resolve) as to vote the succession this year. 'Twas said again those men ought not to be so fare indulged, as to take the measure from them who look't not to be found at bottom for this constitution. Besides, if the succession did not cary, we had alwayes a pull for the treatie, and, indeed, in my opinion the treatie is but a handle to throw off the suc- cession, for I don't find ten men of the Parliament will goe in to a entire and compleat union, so that there is no prospect of a treaties takcing effect. The consequences then may very reasonably be judged will turne more against our accepting the English successor when they 1705] LORD ORMISTOUN 165 have refused us all conditions as to our trade. This treatie may lykewayes be of some times continouance, and, if the succession is not setled in Scotland 'ere there be a peace concluded in Europe, hir Maties interest and the present constitution are in more hasard then during the ware. In my last I told your Lop. a thorow change in the Ministry was so tender a point I took leave not to touch it ; but this I will make bold to say, it had been better to have concerted the measure in the first place and suitted the Ministry to it then now to be oblidged to take the measure from a new sett, which methode, I beg pardon to say, I cannot think is for hir Maties interest. I 'm apprehensive one reason at bottom for pressing the treatie is, there are of those to be laid aside who will be for the succession, whether in post or out of it, and some of thire I know. Now 't may touch upon a point of honour to have laid such aside when those brought in cannot bring up there pairty to the measure ; yea, even some of those continowed will not joine. I wish all my Lord Comis- sioners advisers were as firme and intirely of hir Maties interest and for the present constitution as he is. My Lord, when I speak of the settleing the succession, I mean upon terms and conditions of government. Your Lop. knows my principles so well and that the Revolution bottom is the only ground I cane stand upon, that I cannot give my self leave to think I am in hasard of falling under any jealousie or be thought to look any other way then what is for hir Maties true interest. The allowance your Lop. was pleased to honour me with and the con- fidence I have your Lop. will take what I writtt as truly designed for hir Maties service and to no mans prejudice will, I hope, obtain pardon for this trouble. I am, with entire respect, my Lord, etc., Ad. Cokburne. May it pleas your Lop., — It being so much for hir /.jaw. Maties honour and interest to have hir judicatories filled with men fitted and qualified for dischairge of so great a trust as the distributing justice to hir Maties lieges that I doe make bold to joine my earnest desire with others in 166 LETTERS OF ADAM COCKBURNE [1705 behalf of Sir Gilbert Eliot, a man firme and sincere for the present constitution, that the Queen will be pleased to name him to supply the vacancies have happened this day throw the death of one of the judges. He is one that 's knowing in the laws as well as ane honest Revolution man. My Lord, the stile of my letter, I hope, will plead pardon for what may seem presumption. I am, my Lord, etc., Ad. Cokburne. Edinbr., 9 June 1705. Edinbr., 1st Agust. 1705. May it please your Lop., — Since my last the affairs in Parliament have taken very different turnes. Whill we were goeing on w* matters concerne our trade, which in my opinion was more to gratifie some people then any reall advantage cane be expected from any act proposed on that subject, save the act for encouraging the fishing, there was a resolve brought in by the Duke of Hamilton, the same past last year. What measures were taken to obviate this, I am ignorant of them, and your Lop. may rationally conclude from the majority of votes were for it. and how few spoke against it, there was no great oppo- sition designed. By this resolve the Parliament was pre- cluded from medling with the succession. The New Pairty, being all against the resolve, did nixt day bring in the draught of a letter in answer to hir Maties. This was not relisht, and 'twas thought fitt to put the specious word trade in opposition to it, which caried by a vote. The day after the draught of ane act for a treattie being concerted, 'twas offered in Parliament by the Marquis of Lothean, who had seconded the Duke of Hamiltone in favours of his resolve. The Marquis was pleased to say in my Lord Cofriissioners presence that he knew it very well to be the Queens mind that we should have a treattie previous to the settleing of the succession. I was sur- prised at this, and said I thought hir Matie had said much in hir letter as might convince the world of the contraire. Endeavours were used to have this act for a 1705] LORD ORinSTOUN 167 treattie to get a first reading. The New Pairty opposed this, and moved we might proceed to limitations. The Duke of Hamilton and Mr. Fletcher were for clogging the treattie, and they spoke warmly of the act past in England, as did lykewayes the Earle of Stair. But the first two, finding they could not cary what they designed, they turned in to the New Pairty. I cannot say this was agreable to their resolve. The Marquis of Annandale and others of the Queens servants said they would go in to limitations in order to name the successor, but, wfaiU limi- tations were only proposed to throw out the treattie, they could not comply w* the motion. The question was putt, and it caried — limitations. I must take leave to say y x , had y r been as great pains taken to have advanced limi- tations in order to setle the succession as to every mans conviction there was to advance the measure of a treattie, we had been farder advanced in bussines then we are this day. But my opinion haveing differed so fare in this matter with those have the chief manadgment of hir Maties affairs, I shall not insist ; only beg your Lop. will allow me to say for my relations who voted for limitations, they are as much for setleing the succession as I am, and upon that foot went in to the vote, as did the Earle of Marchmont and others, who deserve not the name of Jacobites, which his grace my Lord Commissioner is pleased to give them out of resentment that what he promised himself with so much assurance would cary has misgiven him. I thought it a strange argument I heard in my Lord Commissioners roums to be used in behalf of the treatty, that those were for the Prince of Wales should go in to it without any clogg, for 'twas the best handle to hold of the succession. I said I could not use it as ane argument, but I did beleeve too many made it one to themselves to goe in to that measure. Your Lop. will pardon tins freedom, and beleeve that no consideration can shake me from the measure of the Revolution bottom, that being hir Maties true interest. I am, with all duty, my Lord, etc., Ad Cokburxe. 168 LETTERS OF ADAM COCKBURNE [1705 2d Agust. My Lord, — I hop't what is above written should a come w* the flying packet ; but, not being favoured to know it's dyet, I shall here let your Lop. know what past in Parliament this day. After reading the minuts of last day, 'twas moved that, according to the vote, we should proceed upon limitations. To this was opposed trade, upon which a debait arose which lasted above five hours and ended in this, that the four subsequent meetings shall be assigned wholly to trade, and the nixt four to limitations w*out any other extraneous bussines to interveer [sic]. Here is work for eight days ; what will be the issue seems very doubt full. /. 310. Edinbr., 22 Septr. 1705. May it please your Lop., — I presumed to give your Lop. the trouble of two of mine, the one of the 7th of Jully, th' other the 1st of Agust, in both which I used freedom in giveing my thoughts of affairs. But judging yt. either I had transgressed or that my letters had miscaried (haveing no returne), I choosed to be silent. Now that this session of Parliament is (after some warme debaits) come to a calm issue, I shall not look back to trouble your Lop. w* accts. of persons and their manadgment. Scots men are . too apt after such meetings to be valueing y m selves at the expence of others. All I shall say for my self is that I wanted not inclination to have forwarded hir Maties true interest, yet my differing in opinion as to some things may make some men uneasy to hir Matie upon my acct. Your Lop. will be so good as to assure the Queen, however she shall think fitt to dispose of me, it shall not in the least shake my affection nor duty I owe hir Matie and hir government. A treattie being the measure our chieff managers thought proper to follow out at this time, your Lop., allow me to offer my thoughts, which I doe w* all submission. If England will be so good and show a unparaleled temper in passing by in silence the order and address past in this Parliament w* relation to the repealling of the clause of 1705] LORD ORMISTOUN 169 the act past in England and doe repeal it, then will the treattie proceed ; where, some things of the Act of Naviga- tion and our home trade being a justed, one may w* con- fidence say the setleing of the succession cannot fail. On the other hand, when the treattie is sett on foot, if nothing but ane intire and compleat union will doe, as that must be a affaire of time, so will it affoord y e opposeing pairty a handle, and the pluralitie of our people will not be brought into it, and the consequences must tend to a rupture between the two nations. Much will depend on hir Maties makeing a good choice of comissioners. My Lord, I 'm desired to beg your Lops, favour for the Earle of Hindfoord, a person whose character is known to your Lop. He is desirous to have his son, the Lord Carmichaell, imployed in hir Maties service, and he cane think of nothing so proper as to let him have the regiment of dragoons he now comands ; not that he thinks of pairting w* his regiment upon any other acct., but that hir Matie will grant a commission to his son, who's good affection to hir Matie is upon the same bottom w* his father, and his firmnes to the Revolution interest is beyond question. I want words to apologise for this freedom, but trusts your Lop. goodnes will pardon it, and subscrives my self, w* all respect, my Lord, etc., Ad. Cokburne. 170 LETTERS OF HUGH CAMPBELL LETTERS OF HUGH CAMPBELL, THIRD EARL OF LOUDOUN, SECRETARY OF STATE IN SCOTLAND 1 (Brit. Mus. Add. MSS. 28,055) • W My Lord, — I am verrie sensible of the great honor the Queen has done me in imploying me as her Secretarie of State. I shal indeavour to make up my want of the merit which is necessar for that post by zeal and assiduitie in her Majesties service. I have not the honor to be knoun to your Losp., but your great merit and character make me presume to intreat your favor that in this troublesome time I may be the more capable to serve her Majestie by your Losp. countenance and direction. My Lord Com- missioner by the last post recommended Sir Gilbert Elliot as the fittest man to succeed my Lord Phesdo in the Session and Justiciorie. He has been long at the bar with the reputation of a good lauer and ane honest man. He has all ways serv'd the Queen well in Parliament, and, therfor, in my humble opinion, it will be for her Majesties service and agreable to everie bodie hear that he be promoted. I shal lose no opportunitie of shewing with hou much respect, I am, my Lord, etc., Loudoun. Edr., June \2th [1705]. [Endorsed: ' June 12th, 1705.'] /. 880. My Lord, — I 've sent to Mr. Nairn a prorogation of the Duke of Argylls tack of the assyze herrings of the west seas. My Lord Commissioner is indisposed this night 1 Addressed to Godolphin. 1705] THIRD EARL OF LOUDOUN 171 and, therfor, he has ordered me to let your Losp. know that his famillie has for severall ages had what he nou asks, and that he doubts not of your Losp. friendship and her Majesties bountie in this affair. 1 Your Losp. has had the accounts of what has past in our Parliament from better hands than mine, but, nou that it is my mouth when anie thing of importance hapens, I shal take the libertie to give your Losp. ane account of it. This days procedur is not worth the while of giving you the trouble of a longer letter, but I 've given Mr. Nairn a full account of it. I am, My Lord, etc., Loudoun. Eder., August 7th [1705]. My Lord, — My Lord Commr. sends by this paquit a f, 392. patent in favours of Lord Archibald Campbell who serv'd her Maj. as Lord Treasurer the last sessions of Parlia- ment, and was one of the Commrs. in the Treatie. The Duke of Argyll desires to have one of his familie amongst our Peers. I hope it will be ane advantage to the Queens service, which makes me take the libertie to recommend this affair to your Losp. favor. There are two places to be disposed of by my Lord Rankillors death, one in the Session and ane other in the Justiciarie. I knou my Lord Commr. desires that the Commissions may be sent blank to him that he may fill 'em up. I believe he designs the first for the Earle of Mar's brother, Mr. James Ereskine, who has been bred a lauyer, and the other for my Lord Tillicultrie, who is one of the most eminent of our Judges in the Session. In my humble opinion these places can not be better disposed. Mr. Areskine is one of the Generall Receavers, which he does not propose to keep, if he be advanced to the Bench. It will advance her Maj. service that my Lord Commr. have a blank commission for this post like ways put into his hands. The articles of the Treatie were read in the House a second time upon Satur- day, and, tho there were manie proposals made with a 1 See Seafield's letter of 8th August 1705. 172 LETTERS OF HUGH CAMPBELL [1796 design to put off the consideration of the Treatie for some time, it was at last agreed by the House that wee should proceed upon Teusday nixt to take the articles of the Treatie under consideration. Our affairs have a good appearance, and. tho I doubt not there will be neu attempts made for procuring delays. I hope wee shal be able to defeat them. I am, with great respect, my Lord, etc., Loudoun. Eder., Octob. IM [1706]. 1706] LETTER OF THOMAS HAY 173 LETTER OF THOMAS HAY, VISCOUNT DUP- PLIX, AFTERWARDS SIXTH EARL OF KDfNOUL 1 (Brit. Mus. Add. MSS. 28,055) My Lord, — Tour Lop. knows I was always for a treatie of union with England, because I thought it the only mean left to preserve p[e]ace in Brittane, and I am still for it, but not for prosecuting it in such a manner as will disturb the peace of the Government and involve us in blood and confusion. The great success abroad, the extream poverty of this nation, the poure and influence of the advanced Equi- valent, with the arguments that have prevailed with the Marques of Tweddals party, who are now all as one man for the Union, these things have putt it beyond all doubt that the Union will carry in Parliament by pluralety of voices, but still there is a considerable partie who, tho they doe not directly oppose the Union, yet goe in very naruly to inquire into the articles of it, and insist mightely for tyme deliberatly to consider them. It had been good that at the beginning we had cauti- ously managed the advantage we had of such a con- siderable pluralety, but., no sooner we saw our strenth, then we proclamed it, and pushed some inconsiderable votes with so much fordwardnes that, in place of recom- mending the Union, to a great many it has made them still more jealous, and has raised such a ferment in peoples minds as I am affraid shall not be easily calmed, ane small instance wherof we had last night in the mobb of Addressed to Godoluhin. 174 LETTER OF THOMAS HAY [1706 this place, whereof I doubt not but your Lop. hes had a particular account. I am affraid this is but the begin- ning of a greater mischief, unless it be prevented, for not only the merchants, who every body thought would have been the first that would have grasped at the Union are afrayed that the litle tread they have will suffer by it, but lykways the Presbiterian clergie discover themselves every day more and more to be against it, so that from the present temper and disposition of all sorts of people there is too great ground to fear that, if the Parliament continue to sitt and push this bussines, they will either be raised by force, or, if they should bring it to a conclusion, a rebellion may follow. My Lord, if I might presume to offer my humble oppin- nion, it would be that the Parliament should immediatly give sume cess, and then adjourn for some time, for nothing but time will wear off the present ferment that is gener- ally in peoples minds over the whole nation, and bring them to a more impartiall and reasonable view of the Union, against which they seem at present to be so much prejudged. I am perfectly satisfied that, the longer this measure is delayed, it will still be so much the worse, for I am, I think, pretty weell inform' d that severall addresses for a delay will in a few days come from the country to the Parliament, and, if we push the voting the articles of the treaty, I am very much afrayed the Parliament will be raised by force. I would have written to your Lop. before now, but the truth is, I did not well know what to say, peoples mynds here have been so changeable that it was hard to make any tollerable judgment till now. My Lord, it is the zeal I have for the peace of the Government, the great obli- gations I ly under to your Lop. and absolute security I promise to my self of what I say or wreat to your Lop., hes made me so plainly and fully expose the truth to your view. I am, with all imaginable respect, my Lord, etc., Dupplin. Edinburgh, Octobr. 25, 1706. 1706] LETTERS OF JOHN ERSKINE 175 LETTERS OF JOHN ERSKINE, ELEVENTH EARL OF MAR, SECRETARY OF STATE IN SCOTLAND 1 (Brit. Mus. Add. MSS. 28,055) My Lord, — Since my Lord Comis r wryts to y r Lop. by /. sss. this flying pacquet, I shall not give you much trouble, for I doubt not but he informs y r Lop. fully of the state of affairs here and how people stand effected to the Union. Y r lop. heard formerly that the Queen's Advocat 2 did not like it, and, notwithstanding of all the Comis r and the rest of the Queens servants can say to him, he continows of his own oppinion, and argowd against it to us all togither. However, he said he thought a separation of the two kingdoms ruin, and that he wou'd do what he can to bring himself up to our oppinion, and, if he cou'd not, he shou'd do no harme ; or, if we thought his place cou'd be given to any body who wou'd do better service and was more convinced of the advantages of the Union, he wou'd resigne it very freely without any grudge. His main arguments against it are the loosing of our soverainity and that a toleration will ruin Presbitrie. He gave the Chancelor a paper w* his reasons against it much to the same pur- pose with what he had said to us, but certainly his being against it and acting the pairt he does most be with a designe, for a man of his sence cou'd never be convinced w* those waik reasons and arguments he makes use of. What is the properest method to be taken with him y r Lop. is best judge. There are very few of the members of Pari, yet come to toun, but we have wrote for our friends Addressed to Godolphin. 2 Sir James Stewart. 176 LETTERS OF JOHN ERSKIXE 1706 and hope they will be soon here. When they come, we will be able, I hope, to give y r Lop. such an account of peoples inclinations that you can in some measure judge what success we will probablie have, w ch is imposible to do just now, tho we have fully more reason to hope good success than before we came to Scotland. The Comis 1 " is now on the consideration w* the Servants what are the most advisable methods and measurs for manadging and cairying on bussiness when the Pari, meets, and, when the resolution is taken, y r Lop. may be sure it will be laid before you. I '11 trouble y* Lop. no more now, but I am, in all dutie, my Lord, etc., Mar. Edinb., Septm. 22, 1706. f. 996. My Lord, — I had the honour of y rs of the 19th some dayes ago. I 'm extreamlie oblidg'd to y r Lop. in that affair of my brothers, which wou'd make me more your humble servant if posible, but I '11 trouble you no more with it. since 'tis but one of many favours I have had from your Lop. I have wryten fully to S r David Nairne from time to time of the Queens affairs and of our proceedings here to be laid before y r Lop., because I thought that wou'd be less troublesome to you than wryting directly to your self. I have by this flying pacquet given him a full account of what has past here this week, and ordred him to show it to y r Lop. if your time will alow. I 'm sure y r Lop. will be surprised with some things in it and of some peoples cariadge here. We have still as good hopes of success in the Pari, as ever, tho perhaps it will take some time before we finish the affair. I wish that may be no prejudice to it in the Pari, of England, which, I fancie, must of necessity sitt soon, but I hope, before the supplys be over there, we may have finisht the affair here. Tho we have still as good hopes as ever of succeeding in Pari., yet I must acquent y r Lop. that the humour in the country against the treatie or union is much increst a late, and I must acknowledge the ministers preaching up the danger 1706] ELEVENTH EARL OF MAR 177 of the Kirk is a principal cause of it, and the opposeing darties misrepresenting every article of the treatie makes the comonality believ that they will be opprest with taxes. Thirr and other by wayes have altred all of a sudden the inclinations of the populace very much as to the Union, and most of the churchmen are not like to behave so wisely nor prudently as I expected. Yet the union will certainly do in the Pari. But I am affraid some people may comit some foolish irregular thing, either before it pass or after it ; which I think my self oblidged to let y r Lop. know that it may be laid before her Majestic I doubt not but others of the Queen's Servants have wry ten to y r Lop., so I will not trouble you any more at this time, but shall think it my honour to receave your comands when you are pleased to lay them on me. I am, my Lord* etc., Mar. Edinb., Octob. 26th, 1706. M 178 LETTERS OF DAVID BOYLE [1705 LETTERS OF DAVID BOYLE, FIRST EARL OF GLASGOW 1 (Brit. Mus. Add. MSS. 28,055) f 168. My Lord— The Duke of Argyll, her Maties Commis- sioner, having done me the honor to call me with some other friends at his Graces arrivall to consider how the ensuing Parliament might be best manadged for her Majesty's service, wee most unanimously aggreed that the Marques of Tweeddale, the Earle of Roxbrugh, and others brought in with them to the Ministrie should be presently laid asyde befor the sitting of the Parliament, and others employed in whom my Lord Commissioner may have intire confidence. My Lord, if her Majesty be pleased to make her Govern- ment all of a piece thorrowly upon the Revolution bottom, it is the only means left to retrieve the mismanadgements of the last Parliament, wherin the prerogative and the monarchy so extreamly suffered, and to pull us out of that confusion wee at present ly under. For, my Lord, there is no thinking man that is not perfectly sensible that the Queens having employed persones of opposite views and interests in the Ministrie was the only reason of her Majesty's being unsuccessfull in Parliament ever since her accession to the throne. My Lord, her Majesty's Commissioner having fully written to your Lop. in this matter, I forbear to give your Lop. farder trouble, and beggs pardon for what I have done, assuring your Lop. that I ever shall faithfully and heartily serve the Queen to the uttmost of my power. I am, may it please your Lop., etc., Glasgow. Edr., 26th Appryle 1705. 1 Addressed to Godolphin. 1705] FIRST EARL OF GLASGOW 179 My Lord, — I had the honor of your Lops, of the 7th, /• m - wherin you are pleased to give me allowance to trouble your Lop. with my opinion of what may be proper for the Queens service. My Lord, I shall faithfully and impartially give my thoughts as to the present measures in setling the Protes- tant succession in this kingdom. Its my opinion that the only means and way to setle the succession is that the Duke of Queensberrie come doun to Scotland so soon as possible and cordially assist my Lord Duke of Argyll, her Majesties Commissioner, and they, in concur- rence with their friends of the Revolution foot, have a most probable expectation of success ; and it is absolutly impossible for any others in this kingdom, yea, all the rest joyned together that will undertake the manadge- ment of that matter, to propose the least probability of succeeding ; no, not so much as to come within vieu of it. My Lord, I humbly offer my advyce for her Majesties service with all duty and respect befor her Majesty take her finall resolutions as to measures or persones she designs to employ in her service, and that free of all positiveness. For, when her Majesty hath determined her self, I lay my hand upon my mouth, and doe most chearfully sub- mitt ; and shall heartily concurr to serve the Queen in her measures with any persones she pleaseth to employ ; and that so much the rather that I have no post in the Government, for I have ouned myself her Majesties faith- full and obedient subject and servant, and shall be ambitious to take hold of every opportunity, wherby I may testifie my duty and allegiance. And, my Lord, whill I breath, I shall serve the Queen in her interest and measures of government to my uttmost capacity. My Lord, I know I was represented to her Majesty by some that were none of my best friends as not hearty in the succession last Parliament. I hope the Queen is satisfied of the contrar ; for I had occation for tuo dayes to goe to my countrey residence and use my uttmost influence to hinder a Jacobites coming in to be elected a 180 LETTERS OF DAVID BOYLE [1705 member of Parliament, and in my absence the succession was moved, which was the ground of that malicious aspersion. I only trouble your Lop. with this accompt that the Queen may have no misapprehension of my unfixedness to her interest ; or judge, because I was turned out at the doun- sitting of the last Parliament, I was in the least picqued or humorous. For, my Lord, upon honor, no friend's nor party's con- cern whatsoever, provyded I can any wayes come at the knowledge of her Majesties measures, shall in the least divert me from serving the Queen in the best way I am capable of. So hoping your Lop. will excuse this trouble, and beleeve that I ever shall approve myself, may it please your Lop., etc., Glasgow. Edr., 12th May 1705. /. 226. My Lord, — The honor you did me in your last in letting me know the justice your Lop. was pleased to doe me in reading my letter to the Queen, vindicating me from that aspersion of counteracting her Majesties measures last sessions, and that her Majesty was satisfied the same was a misrepresentation, hath made me perfectly easy ; for I had rather chosen death then acted so humorous and base a part ; and must acknowledge my self infinitely bound to your Lop. for your goodness, and shall ever retain a gratefull sense of it, and shall most faithfully and heartily serve your Lop. if ever providence give me ane occation, bot, alas, I fear I never have ane opportunity to testifie my duty and gratitude, bot, whill I breath, I ever shall have the good will ; and I am known never to be worse then my word. And now, my Lord, that your Lop. hath been instru- mentall in procuring me this mark of her Majesties favor in naming me her Treasurer-Deputt, I am truly out of countenance, and know not what returns to make your Lop. I give you my humble and hearty thanks, and begs leave to give your Lop. all the assurances of a man of honor that I ever will faithfully and sincerly serve her 1705] FIRST EARL OF GLASGOW 181 Majesty to the uttmost of my power, and, whatever measures the Queen pleaseth to go 2 in to, either in this or any other session of Parliament, I shall heartily comply with without reserve or in the least disputing her com- mands. And, whatever sett of persons the Queen shall find neccessar to bring in to her government, I shall chear- fully concurr with them, for I bless God I have exceptions against no man the Queen can prevail with to serve her interest. And, my Lord, I shall also with ten tymes greater satisfaction lay doun my post when her Majesty finds it convenient for her service then I now accept of it, and serve her Majesty faithfully so far as I have access in my private station. My Lord, I have my oun fears that the Queens affairs shall not have the wished for success, bot I shall be glad to be disappoynted. My Lord, I from my heart wish your Lop. all health and happiness, and that your Lop. may ever continue in the honorable post you now enjoy shall be the constant and earnest prayer of, may it please your Lop., etc., Glasgow. Edr., lUh June 1705. My Lord, — The Commissioner and the Queens Servants / 308. having laid it upon the Clerk-Register to acquaint your Lop. with the proceedings in Parliament, is the only reason why I have not troubled your Lop. with letters, for I love naither to repeat nor be troublesome. My Lord, yesterday by my office I pressed a second reading to ane act of supplies, which sometyme agoe I had offered to the House and obtained a first reading marked on it. The Parliament was pleased verry unani- mously to grant six moneths supplies, which is thretty six thousand pounds, for mantaining our troops and garrisons and for outreiking tuo friggots to defend our Coast trade agt. privateers. This supply only serves for a year ; the Parliament also granted another moneths supply, being six thousand pounds for refitting another friggott to guard our coast trade. My Lord, I heartily 182 LETTERS OF DAVID BOYLE [1705 wish wee had continued our supplies for tuo or three years, bot I can assure your Lop. there was no paines wanting in me to bring the Queens affaires to a good issue, and, whill I breath, shall contribute my uttmost endeavours to doe her Majesty the best services I am capable of, and that as frankly and chearfully when out of office as in office. My Lord, I am sorry to give your Lop. by this the accompt of the death of the Earle of March, brother to the Duke of Queensberry, and of the death of Lewtennent- Generall Ramsay, who both died this evening between six and seven a cloak. My Lord, the Earle of Leven desyres his pretensiones to command the armie may be laid befor the Queen. He is certainly a faithfull servant to her Majesty and would be intirely acceptable to all that wish well to the present established Government in this nation. I hope your Lop. will pardon this presumption in me. I ever am unalterablie, may it please your Lop., etc., Glasgow. Edr., 9th Septr. 1705. / 990. m y Lord, — The Queens Commissioner, the Duke of Queensberry, with others of her Majesties Servants having written to your Lop. concerning the payment of ten thousand pounds to Sir David Nairn, qrof four thousand fyve hundred pounds to be detained by the said Sir David upon the Duke off Queensberry' s accompt, and the remaining soume off fyve thousand fyve hundred pounds to be remitted to Scotland, I was this day ordered by the Duke of Queensberry to acquaint your Lop. that you would be pleased to remitt the s d money to Scotland so soon as possible, in regard that many of our nobility who are come to Parliament, that want their bygone pensiones, are calling for some money, and it is for her Maties service that they have a part at this juncture. My Lord, our Parliament mett yesterday and, contral- to expectation, wee proceeded and read the articles of treaty with great calmness and attention, and ordered the 1706] FIRST EARL OF GLASGOW 183 treaty with the Journalls for the better information of the members to be printed ; and adjourned to the tenth of this moneth. The opposing party designed to open hotly and declare them selves ag* ane intire and incorporating union, bot, finding their numbers short, they forbore and delayed their fire. My Lord, I am heartyly glad that I can give your Lop. good hopes of the success of the treaty. Our clergy are become verry calm, and many of our members of Parliament upon second thoughts have altered their opinion, and are now friendly and hearty for the union. My Lord, nothing shall be wanting that is in my power to advance the success of the measure, and, whill I live, shall ever with lyfe and fortune mantain the same succession to the Croun of Scotland that is declared by England. I beg pardon for this trouble, and ever am, with the greatest respect and uttmost sincerity, my Lord, etc., Glasgow. Edr., Uh octbr. 1706. My Lord, — -The Queens Servants here having given your /■ 4M- Lop. the trouble of writting to you in my behalf, by this packett I shall beg leave to return your Lop. my most humble and hearty thanks for all the marks of favor and friendship I have received of your Lop. My Lord, the office of Clerk-Register being at her Majesties disposal upon the death of my Lord Philliphaugh, your Lop. will excuse my using this piece of violence to my modesty, earnestly begging that your Lop. would be pleased to intercede with the Queen to conferr that mark of her Royall favor on me. My Lord, I am verry much ashamed and out of countenance to give your Lop. this trouble, for I'm sure, if I can pretend to any ingenuity, I love to be easy to the Queen and all her servants and to give them verry litle trouble. My Lord, whither her Majesty think good or not to conferr that employment on me, I shall ever, with the same zeall and faithfullness, serve her interest, whill I live, against all opposers whatsomever. 184 LETTERS OF DAVID BOYLE I intirely depend upon your Lops, goodness and favor, and am, with the greatest truth and respect, my Lord, etc., Glasgow. [No date. Glasgow was appointed Clerk-Register 16 July 1708.] 1708] LETTERS OF ALEXANDER RIGBY 185 LETTERS OF ALEXANDER RIGBY (Brit. Mus. Add. MSS. 28,055) Edinburgh, the 19th June 1708. Sr, — The last post I gave you a great deale of trouble. / 406. Annexed is a list of the Lords of Scotland and them crossed are the 16 ; those with 9 were before the election 1 supposed to be for D. Queensberrys party ; those, S. of the Squa- drone ; P. for Papists ; and M. for Minors. Yesterday morning I visitted the Marquis of Carmarthen, 2 who told me that he had voted for D. of Roxbro', and sorry he was, he said, but, then, he confess' t his father would have it so, Ld. Nottingham hauving been very importunate for his son-in-law. It slipped from him that the D. of Queens — ry was uneasey at what had happened and complained y 1 he was left in the lurch. I was an hour with Ld. Seafeild, and he seemed pleased enough. He was very diligent and quick at th' election, and with perswaision and retorick did as much as the Housekeeper. His L d pp. was very frank and open, for it was in his closett. He shewed much good nature, and I do think him the prittyest person in this country for an affaire of this, or any other kinde of bussiness, so that, if he cannot continnue Ch. Baron, he ought not to be rendered useless, as some threaten, and I 'm sure when alls considered, it will be found y* the D. of Dover 3 and his freinds have the greatest stroak in the Kn ts of the Shires and in the burroughs, but it will require another considera- 1 This election was the first appeal made to the country after the Union. The letter refers to the election of peers, the result of which was that the Government secured ten out of the sixteen. 2 Sir Thomas Osborne, of Kiveton, co. York. He was created Marquess of Carmarthen on April 9, 1689. 3 Duke of Queensberry. He was created Duke of Dover on May 26, 1708. 186 LETTERS OF ALEXANDER RIGBY [1708 tion whether it would have been so if the influence had not been on their side. Many are very angry at young Ld. Stair being out, and blaime the President and the Dalrimples, and I asked Ld. Roseberry how he had so many and his relation Staire so few. He answered, because the Lords who had proxeys on the Juncto side would not tell him that they had orders to put him into their lists, and that keep't him so under doubts that he was obliged narrowly to reguard his owne safety. My Lord xArmandale, Sutherland [blank] and Rose, hope to gitt in by the objections to proxeys, so that the House of Lords must have a Committee of Elec- tions and Priveledges as well as the Commons, and you'l see, S r , the disappointed peers will follow those close that they think to put out of their way. I shall do what I can to make the mentioning of moderation effectuall, but he is recconed no body y* will not persue an injury or sustain his pretentions. I am endeavouring to gitt a coppy of the pole y* you may see how every Lord voted, and I will, if I gitt it in time before I go my great jorny, add some remarks by which you will be able to knou much of the nobility here and how they are influenced, and in what country they prevaile. The D. of Roxbro' will be in London very speedily, and the D. of Dover soon after him. I hear the Marquis of Carmarthen will go back in the D. of Dovers coach : he looks miserably thinn. The Court Lords, as they call them here, had 24 proxeys, and, most of the L ds who gave them proxeys haveing reserved a vote for Lord Orkney and his bro r the Duke, the 14 remaineing were thrown for at dice at Q s berry house, and Roseberry had great luck and Lord Stair badd, Geo. Dalrimple throwing for him. Y e rest of the Lords had what the dice gave them. This shews what comes of granting proxeys in an election of this nature. My Lord Roseberry hath too long neglected himselfe, and, therefore, I doubt hee'l find it hard to shake off 1708] LETTERS OF ALEXANDER RIGBY 187 some habitts ; otherwise he is as well worth carressing as most Lords of this country, being a sencible, reserved, well breed, and indefaticable gentleman. The Lords old Cromertie was for, were [blank] Levin, Northask, Weems, and Marr. The D. of D rs freinds threaten highly to resent the letters I writt to you of, and much rage runeth against L d S d. God send such things well quenched. If elce occurrs err sealing, you shall have it. I had like to have omitted telling you that Lord Forbes did not vote forLd. Ross, w ch Lord Ross resents prodigiously. Pray, sir, dropp a kind word for me to Mr. Lowndes where and when you think it convenient. Before X tmas I hope Mr. Lowndes will have good hopes of the customes of North Brittain. Nere 2000£ came from Port Glasgow this last weeke and between 3 and — — — from Leith, and 4000£ yesterday a prize was brought in with wine, etc. Y* will pay 5000£ if it be, as wee expect, for 'tis Burdeaux clarett, etc a . ; and 3 Men of Warr hath brought in a Martinico Man worth 10 thousand pounds. Pray, Sir, do not forgitt me to L d Derby if you judge it convenient for you to say anything to him now or hereafter, and I beseech you to be assured, I am, Sir, etc., Alex. Rigby. Justice Clerke is agoing to marry a daughter to a very pritty gentleman of a 1000 d £ a yeare sterling, nere this citty. I mett him on Fryday morning in Holy Roode House a going to visitt D. Ham — ton w ch put me in mind, how variable are sublunary things. The vessell brought in w th wine has a French master who, I 'm told, hath reported that he came from Dunkirk, where all the men-of-warr and transports lye still in a saileing posture, and y* they '1 come againe of a sudden to invaide these parts. 1 This Dr. Pitcarne 2 tells about a J te Dr. of great fame here — I shall gitt an affidavitt by next post if it be true and send it Mr. Lowndes. 1 The abortive invasion of 1708 had taken place in March. 2 The well-known Dr. Archibald Pitcairne. He was an ardent Jacobite. 188 LETTERS OF ALEXANDER RIGBY [1708 Edinburgh, the 22d June 1708. / 410 Sr, — The Lords dropp out of towne, the D. of Rox- borough being gone, and y e D. of Dover will proceede for London on Thursday. Great endeavours are now a useing to inflaime y e Camironians. 1 They are told tis now plaine that the great Lords are makeing their peace, and consiquently it behoves them to look out in time, or some body will be here. A man of good sence and quallity assured me this morning that there had been an intention for to raise such a spiritt as would have hindered y^ people from chooseing Lord, Baron, or Representitive of Burrowes for any part of this country, untill sattisfaction had been given for the sending upp the prisoners ; 2 and the same party added that matter would be pushed briskly in time and place. I told him that prejudices had better be layd aside. And that 'twas a mighty mersey no greater harme attended noblemen and gentlemen upon so bold an attempt, as was th' invation. Last night I had one botle with the Marquis of Car- marthen after his haveing dyned with Ld Marr, 3 where was 3 other L ds , Glasgow, Gray, and Weems. I found by him their L d PP s make sure of worsting one another above, and it runs in the limping Admiralls head y* the W. L ds are for anarchy, but it will only bring the most forward, nameing the young one of — Bussiness, to the block. Then a degretion came on about L d Griffin, and it was said Lambert was confined, tho a flagrant Rebell, and w* refuse the same humanity to a poore old man of quallity, who came to assert, he could not tell what to call it ; but, in short, it was of another nature ; but, I looking grave and not replying, the cant ceased, and then I had a story of bigg words he had given his G. of Ham — ton, but they being done when his Grandure was 1 A junction of the Cameronians with the Jacobites was feared by the Government. 2 After the attempted invasion of 1708 several Scots nobles were seized, and the majority of them imprisoned in the Tower of London. 3 Stair ? The word has been altered and is illegible. 1708] LETTERS OF ALEXANDER RIGBY 189 in drink. Amoungst other things he told him that his heart and his actions did not corrispond, but ' What would you have me do,' reply' d his G — ce, 4 is it not better than confinem* and being starv'd ' ? etc. I find by a gentleman that y e G one of Cornwall writt to y e D. of y e Castle over against Callice that he doubted the gentlema[n]s fidelity amoungst the Cameronians, etc 11 , as being too great w tn Roxbro' and others that he did not so well like at present, and I find by the same gentleman that, when a discourse happend between the son-in-law of Nott — ham, and he about our good fr d over against S r Charles Etedgeses, his L d PP answered that my L d T r was a very wise and great man, but was not trusted so much now by y e W. L ds as formerly. Thus, S r , I give you y e simtoms here without reserve, not doubting but you will use them for y e good of y° whole and perticcularly for the preservation of her Ma tie and her true freinds in the times of most difficolty. To convince you that rogues are as laborious as bees, pray, reade th' annexed, w cn I took out of the hand of a cadee' or beggar-boy as he sold them for a \ penny about the streetes this morning. I shewed it to men of experi- ence and watchfullness, and they assured me this was the first of its appearance. I cannot gett from the Clerk how the Lords voted, notwithstanding the authority of his Master is on my side, he excuseing it because the Lords perpetually hunt him for it. I am under dayly and hourly wishes for your prosperity, and entirely, S r , etc. A. Rigby. Mr. Lowndes corrispondeth mighty kindly with us, and I take the best care I can to give him as good musick back. Tis all about the Towne that the Marquis of C n challenged D. H — ton, and some say th' Admiral may chance to gitt a Sc — th stick before he gitts back to Berwick. Those he se[rv]ed make him fooe as they call it here and then he appears in publick to do honor to high Ch . This for reputation. 1 The writing of the last paragraph is very indistinct. 190 COPIES OF PAPERS 'COPPIES OF PAPERS SIGNED AND DELIVERED by James M'Daniell to His Grace the Duke of Argyl, Her Majesties Commis- sioner, RELATING TO A DISCOVERY OF PER- nicious practises against the queen and her Government.' — 27-30 Apr. 1705. 1 (Brit. Mus. Add. MSS. 28,055) / 17 ^ A Copy of a Letter directed thus : For His Grace The Duke of Argyl, Her Majesties high Commis- sioner for the Kingdom of Scotland : humbly presented. April the 27th, 1705. May please your Grace, — I have matters of the highest consequence to lay before your Grace relating to a most pernicious desighn now on foot in order to dethrone her Majesty and place the pretended Prince of Wales on the throne, in which design several men of great interest are concerned. I shall not only make a full and plain discovery of the whole affaire, but likewise I shall be an instrument to have several Commissions, Emissaries, and other Instructions from France intercepted and the whole design suppressed by your Graces assistance. I humbly pray that your Grace for my safety will sign the inclosed and send it me inclosed in a piece of paper, and let me likewise know from your Grace what hour this night you will be more att leisure, and then without fail I shall wait on your Grace and acquaint your Grace of the whole 1 The following papers may be read in connection with the Correspondence of Colonel A. Hooke, in the Years 1703-7, Roxburghe Club. Hooke, a native of Drogheda, came to Scotland in August 1 705, on a Jacobite mission. 1705] ADDRESSED TO DUKE OF ARGYLL 191 matter. I humbly pray that your Grace do not communi- cate any thing of this to any person living till I come to you, which shall be exactly whatever hour you '1 appoint me. I am, yo r Grace most humble and obedient sert., (Signed) James M'Daniell. Pass given to this M c Daniell by the advice of her Majesties servants. By his Grace the Duke of Argyl, her Majesties High Commissioner for the Kingdom of Scotland. Whereas Mr. James M c Daniell by his letter to me, dated the 27th April instant, proposes to make a discovery of a most pernicious and notorious design now on foot in order to raise a rebellion in her Majesties kingdoms of England, Scotland, and Ireland in order to dethrone her Majesty and sett the pretended Prince of Wales on the throne, and, whereas the said Mr. James M c Daniel doe by his letter aforesaid desire a protection or safety from me in order to come and make the said discovery to me, I doe, therefore, in her Majesties name assure, promise, and engage unto the said Mr. James M c Daniel that he shall not be molested, arrested, or taken for the space of ten days from the date hereof, but shall have free egress and regress to come to me and goe when he pleases, and not that only, but shall meet with all suitable encouragement in the prosecution of the said discovery, provided the said Mr. James M c Daniell doe come and make the said discovery to me any time before the 29th of this instant. Apryl. Given under my hand and seal. The first Narrative delivered by M c Daniell. A Copy of the forementioned Paper on the outside thus entitled, An account of the design in view to restore the pretended Prince of Wales. An account of the design in view for restoring King James the Pretender. That in July last John Mullony, Bisshop of Killalue, my unkell, and Cotl Thomas Stiphenson and Coil Charles 192 COPIES OF PAPERS [1705 M c Carty came from France to Ireland in order to settle matters there for restoreing the King. Att the same time came into England Bishop Price of Watterford, Cotl Breyan, and Capt. Wray ; att the same time came to Scotland Cotl Munroe and Cotl M c Daniel. That in October last all these persons returned back to France, and there have delivered an ace 1 to the late Queen 1 and to the Pre- tender of all the persons that are well affected to restore his Majesty, that about the latter end of January last the Bishop of Watterford, Cotl Stiphenson, and Cotl M c Carty were dispatched from France to Ireland with several commissions and other instructions. Att the same time my unkel, the Bishop of Killalue, Cotl Breyan, Cap* Wray and I were dispatched for England with commis- sions, instructions, and other messages. That Cotl Munroe, Cotl M c Daniel, Cap 1 Muray, and Mussier Lanuy stayed after us in France, having occasion to setle matters for any amunition and money w ch was agreed to be sent to Scotland, it being the first kingdom to get in any ; that on the first of this month Cap 1 Stuword arrived from France in England with farther instructions, w ch he delivered there to my unkel, and by his orders or commands was obliged to come to Scotland and to meet Cotl Munroe, Cotl M c Daniell, Cap* Muray and Musier Lanuy about the time they land ; that my unkel sent me along with him in order dispatch back for England as soon as they safely landed ; that Cap 1 Stuword is gon to Dundee, where he has directions to find out if they have landed ; that, immediatly after the Act of Security past in this kingdom, severall of the leading men here made covenant with the king for to restore him this summer, to w ch intent Musier Lanuy and the rest brings his Majesties declaration along with them for to satisfie the minds of the people as soon as ever they draw into the field, w ch [was] to be in June next. The names of severall concerned in this design are as followeth viz. : the Lord Conisby, the Earle of Dysert, the Earle of Castlehaven, S r Edword Seymor, 1 Mary of Modena, Queen of James II. 1705] ADDRESSED TO DUKE OF ARGYLL, 193 my Lord Conway, S r Edmond Bacon, S r Charles Bloyes, S r George Bewmont, S r Henry Seymor, S r Charles Baring- ton, John How, Esq., S r Henry Bunbury, S 1 ' Walter Clarges, S r William Drake, S r Thomas Cofflin, Stephen Creaugh, Gentleman, S r Robert Daviey, S r Samuel Gerord. S r William Ghir, S r Christopher Hayes, S r James How, Daniell Artur, Gent., Councelour Mullony, S r Thomas Hamer, S r Willoughby Hickman, S 1 * Robert Jenkin, Henry Loyd, Esq., S r Roger Musten, S r John Mordant, S r Humphrey Markworth, S r John Stanhouse, S r Beyan Stapleton, S r John Terald, and severall othe[r]s that I have not taken their names. In Scotland three Dukes whose names I am affraid to make use of w ch will be described by the papers when intercepted, as also the Lord Drummond, the Earle of Errol, the Earle of Bredalbin, the Earle of Cromarty, the Earle of Hume, my Lord Aberdine, the Lord Belhaven, S r Donald McDonald, M c Donald of Glincoe, M c Donald of Glenonald [sic], S r Evon Cameron, the family's of the M c Clods, the M c Kensies of Seaford, the Laird of Grant. In Ireland, O Sullivone More, O Sullivone Bear, M c Carty More, M c Carty Reaugh, Coil John White, Coil Dinish, M c Groth, Coil John Broun, S r Donough o Brey, O Ranke, O Mally, O Daniell, Mr. Lusius O Brey, S r Thomas Soutwell, Coil Thomas Bourk, Coil William Bourk, Coil James M c Daniell, Dinish Dally, Esq., one of the late King James's judges, Artur French, Esq., and severall others that I have not taken their names. (Signed) James Mc Daniell. A coppy of y e second narrative delivered by M c Daniell. An account of the dangerous designs now on foot against her Majesty delivered to his Grace the Duke of Argile on the 28th of Aprill, 1705. The humble memoriall of Mr. James M c Daniell on y e 28th of Aprill, 1705, delivered att Edenborough to his N 194 COPIES OF PAPERS Grace my Lord Duke of Argile, her Majesties High Com- missioner for the Kingdom of Scotland, relating to severall pernicious designs now on foot against her Majesties Crown and Government, w ch are as followeth, viz. : — That in July last John Mullony, Bishop of Killalue, unkell to the said M c DaniclL Coll Thomas Stiphenson, and Cotl Charles M c Carty came from France to Ireland in order to settle matters for restoreing King James 8 and 3, and att the same time came to Scotland Cotl Munroe and Cotl M c Daniell ; att the same time to England Bishop Price of Waterford, Cotl Breyan, and Cap. Wray ; and after having finished their negotiations in the said king- doms returned to France in October last and there have delivered to the late Queen and her son, the pretended king, all the assurances w ch they have brought from the kings well affected friends in the kingdoms aforesaid, amoungst w ch assureances were invitations and assurances from his Grace the Duke of Hamilton, the Duke of Athol, the Duke of Gordon, and severall others of the kingdome of Scotland promising their assistance in restoring his Majesty, a list of whose names therein conserned I have this day along Avith this memoriall presented to his Grace the Duke of Argile. That, immediatly after the late queen and the pretended king received the same assur- ances, they immediatly repaired to Yersailes to the French king, and there layed all the said assurances and invitations before him, att w ch time the French king gave orders to Musier de Torcy to send for Bishops Price and Mullony and for Cotl M c Daniell and Cotl Munroe, and to examine them severally about the disposition of the people in Scotland, England, and Ireland towards the restoration of the king, w ch was done ; that afterwards it was agreed that aforesaid persons should be sent back to England, Scotland, and Ireland with commissions and other instruc- tions to the kings party there, the Bishop of Watterford, Cotl Stiphenson, and Cotl M c Carty to Ireland ; to Eng- land, Bishop Mullony, Cotl Breyan, and Cap 1 Wray ; Cotl Munroe, Cotl M c Daniell, Cap 1 Muray, and Musier Lanuy 1705] ADDRESSED TO DUKE OF ARGYLL 195. to Scotland, but the latter four, having occasion to stay for sometime att Paris for money, arms, and amunition, w ch we re agreed to be sent to Scotland by the way of Dunkirk, stayed behind in order to bring the same, and the rest came away about the latter end of January ; that it was likewise agreed that 6000 men should be sent to Scotland as soon ever as the Duke of Hamilton, the Duke of A[t]hol, and the Duke of Gordon and the rest of their party got in arms ; that 13,000 men were to be landed att Baity more in the county of Corke in Ireland att the same time ; that at the same time the kings party in England were likewise to be in arms, and to hinder her Majesties Forces from joyning. They had, at the same time, a rumour and a discovery to make the Queen prisoner, w ch might discourage all the kings enemy's, all w ch proceedings are to be in June next ; that on the begin- ning of this mounth Cap* Stuword arrived in England from hence with some further instructions w ch he has delivered to Bishop Mullony, who is now in England, and by his orders and commands the said Cap 1 Stuword was obliged to come to Scotland and about Dundee to meet Cotl Munroe, Cotl M c Daniell, Cap 1 Muray, and Musier Lanuy, who are to land there about this time with severall commissions, messages, instructions, and money, they having left Paris att the same time with him in order to come to Scotland ; that the said Cap 1 Stuword is gone to Dundee, that my unkell sent me along with him from London to Scotland in order to goe back as soon ever as they land with whatever instructions I recieve from them ; that Cap 1 Stuword, knowing where to find intelligence of their landing, is gone to enquire and watch their landing, and, thinking it not proper to bring me along with him, left me in Eednborough where he is to come to me as soon ever as they land ; that the 13,000 men that are to be landed in Ireland are to be commanded by the Duke of Berwick, who is in cheif to command in that kingdom. (Signed) James M c Daniell. 196 COPIES OF PAPERS [1705 A List of the severall persons y* are engaged in ye interest of the pretended Prince of Wales in order to restore him and dethrone her Majesty : viz., in England the following persons : — 4 oThe Earle of Dysert oS r Edward Seymor S r Walter Clarges oS' William Drake 0 S r Henry Seymor 0 S r Charles Burington John How, Esq. S' Willoughby Hickman S r Robert Jenkins Henry Lovd, Esq. oThe Earle of Castlehaven 0 31 v Lord Conisby oS r * Thomas Coflin S r Edmund Bacon 0 S r Charles Bloyes S r George Bewmont S r Robert Douviss 0 S r Robert Musten S r John Mordant 0 S r Humphrey Muckworth 0 Lord Conway S r Henrv Bunburv S r William Ghir 0 S T Samuel Gerard oS r Christopher Hayes- o S r James How S r Thomas Hamer S' John Stanhouse 0 S r Erevan Stapleton S r John Tereld The Earle of Nottingam Daniel Arthur, Gent. Stiphen Creagh. Oouncelour Dinish Mul- Gent. I any I have not delivered any letters or other packets to any of those written, the line four and the line three, but have seen letters and other packets directed to the severall persons marked with the (°) and my unkell tould me that packets and letters were delivered to the rest, and I took all their names out of his book. I have with my own hands delivered three packets in Daniell Artur's house to Nottingam, Artur and Creauch, and a letter w ch I suppose to be from my unkell to Mullony. (Signed) James McDaniell. A List of the severall persons that are for raiseing in rebellion in Scotland in order to restore the pretended King James the Eigth and 3 and dethrone her Majesty. The Duke of Hamilton S r Donald M* Donald The Duke of Atholl M c Donald of Glincoe The Duke of Gordon The Laird of Grant The Earle of Cromarty M 1 Donald of Glenronald The Earle of Hume S r Evon Cameron The Lord Drummond The fameWes of y' M c Clods The Earle of Bredalbin The M c Kenzies of Seaford and The Lord Aberdine severall others that I can not The Lord Belhaven remember The Earle of Errol 1705] ADDRESSED TO DUKE OF ARGYLL 197 The reason that I have to believe that the foregoing- persons are concerned is as followeth : I have seen with Cotl M c Daniell a list of their names, w ch he said he took in Scotland, w ch list my unkell took a coppy att the English coffe house near the Aby in Germains, and I took a coppy of the same from my unkell ; besides Colt Munroe named them to me att severall times and my unkell tould me that he saw the assurances under the Dukes Hamilton, Gordon, and Athols hands, and that the Queen shewed him the same, and told him that now her child would be restored, for w ctl she gave God thanks. Besides every body concerned for the kings interest att S t Germains generally said that the Duke of Hamilton is to command the army in cheif here in Scotland. {Signed) James Mc Daniell. A List of the severall persons in Ireland concerned for the interest of the pretended Prince of Wales in order to restore him and dethrone the Queen. O Sullvion More O Sullvion Bear M c Carty More M c Carty Reaugh Cotl John White Cotl Dinish M' Grail O Moly O Rourk Cotl Thomas Bourk Cotl William Bourk Cotl James M c Daniell Cotl John Brown Dinish Dally, Esqr., one of the late King- James's Judges Artur French, Esqr. S r Donough O Breyan of the County Clare Cap r Nicholas Bourk M r Lusius O Breyan Cotl Power S r Thomas Southwell Coil M c Carty of the County Corke, and severall others I do not well remember. I have seen of late packets or letters to every one in this list from France, and, when my unkell was in Ireland, he brought every one of them letters from France, but I saw none delivered, only to Cotl White, S r Donough O Breyan, and Coil Dinish M c Grall of Killbeherry in y« county of Korke. 108 COPIES OF PAPERS [1705 A coppy of another letter directed thus : — For His Grace My Lord Duke of Argyle, her Majesties High Commissioner for y e Kingdom of Scotland. Aprill the BOth, 1705. May it please your Grace, — I have received the inclosed just now and thought it my duty to send it your Lordshypt by the bearer. Now, I suppose, your Lordshypt has noe need to be in any despair of finishing your design ; nothing I am sure shall be wanting on my side. I beg leave, my Lord, to tell your Lordshypt that in my opinion, considering the state of her Majesties affairs abroad and y e severall divisions and misunder- standings now att present between her Majesties subjects att home, that nothing could be more seasonable for ye welfare of her [Majesties interest and Government, as now established, than this discovery that I made, through which I shall goc by Gods help and see the same finished compleatly, which is my ambition and desire, but I must farther beg leasure of your Lordshypt to acquaint your Lordshypt that, when a person intrusted by a Prince and by his nearest of relations forfeits his reputation, layes his friends in the greatest of dangers, and destroyes the interest for w eh he was first concerned, that those when considered ought to be sould and purchased att the dearest rate. My Lord, if I had made such a seasonable and timely discovery as this to the French Court, I should, att least, upon the first opening of it, receive five or six hundred pistoles as a present in order to make me sensible of the good intention designed for me, and I am apt to believe, had I made it to the Court of England, I should meet with the like success, but I had a reason not to make it there, w ch I partly told your Lordshypt. It's not that I despair to be gratified, but that a bird in the hand is worth two in the bush. I must own to have met from your Lordshypt and the rest of the Lords with all the respect and civility imaginable, for which I doe in most humble manner give you all my hearty thanks. My Lord. I rather write this to your Lordshypt than think [sic], 1705] ADDRESSED TO DUKE OF ARGYLL 199 and, not to open my mind, I wish your Lordshypt would be more kind to the bearer than you have been hitherto. By Gods help nothing will discourage me from finishing the great and good work I have begun, w ch I doe not doubt to compleat to your Graces and the rest of the Lords full satisfaction. I am, my Lord, your most humble servant, James M c Daniell. A coppy of the inclosed mentioned in this letter design' d to pass for Cap* Steward's under the name of William Livistoun in all probability forged, the hands resembling each other, directed to M c Daniell. Sr, — I hope you are not uneasie ; if ever you were, be not now. You cannot find better opportunity to buy goods than y e will have now. The Merchants I expect every hour. I have met with one that left them the other side, who was dispatched by them to their wives and servants here in order to acquaint them of their coming. The wind proves fair, so that I believe you shall see them in a little time. I am in hopes you shall have a good pennyworth from them. I will make no stay, only see what goods they bring. I hope you have received your bills from London. Expect me every hour. I am, S r , your humble servant, (Signed) William Livistoun. INDEX Abercrombie, Alexander, of Glas- j saugh, member of British parliament, 1708, 109. Aberdeen (Aberdine), George, 1st earl | of, 193, 196. provost of. See Gordon, John. university, Seafield a student at, ! viii. Abjuration oath, 113. Act against voting by ballot, 1663, 72. ; anent choosing officers of state, 77-8. ! anent peace and war, 1703, 8-9, 106, 134. j for a treaty with England, 88, ( 161, 162, 166. See also Union. for encouraging fishing, 67-8, 70, J 160, 166. for securing free-voting in parlia- ! ment and for excluding officers of the army, etc. , proposed by Hamilton, 156. for the Council of Trade, 160. [English] for the effectual securing of the kingdom of England, the ' Alien ' Act, xxiii, 65, 80 and n, 85 and «, 86, 88 ; its provisions, xxiii n. ■ for the security of the Church, 100, 102 and 103-4, of Security, xxv, 8, 106, 134, 138-40, 146, 155, 192 ; supply withheld till act sanctioned by queen Anne, xvi, xviii, xx. of Settlement of 1701, xvi, 63, 73. of Succession, xxiii. Acts of Navigation, 14, 33, 57 and n, 137, 169. Admiralty board, trial of capt. Green, 161. Advocates, their address in favour of duke of Hamilton's party, 111 and n ; matter remitted to privy council, 1 14 and n. Airlie, David, 3rd earl of, 109 and n, no. Albemarle, George Monck (Monk), afterwards duke of, his partial support of the loyalists, 121. ; Alien ' Act, xxiii, 65, 80 and 11, 85 and 86, 88, 169; its provisions, xxiii n ; demand that it be rescinded before negotiations for union, xxiii. \nnandale, William, 1st marquis of, joint-secretary of state, xxii, 17 and n, 18, 20, 23, 24, 26, 29, 30, 35, 40, 43> 5° «> 53< 5 6 > 60, 67, 97, 104, 105, 108, 157, 167, 186; treasury commissioner, 31 ; his changeable- ness, 48 ; opposed to the union, 89 94, 100-2 ; proposes a federal union, 102 ; made president of privy council, 89-92 ; refuses office of lord privy seal, 91 and n. \nne, queen, her dislike of the Act of Security, xviii, xx ; her prerogative, 5-6, 9-10, 25, 78-9; dismisses the New Party, Tweeddale, Rothes, and others, 50 and n, 52 ; address anent the Alien Act presented to her by parliament of Scotland, xxiii, 86 and ;z ; nomination of commissioners to treat for union to be made by her, xxiv, 87 ; declines to receive address from the Country party, xiii, 1 1 3- 14 ; earl of Cromarty as secretary of state informs the queen on the state of parties in Scotland, xv, 123-9; the queen and the succession, 137 and 71, 164, 166 ; plot to make her prisoner, 195. Argyll (Argyle), Archibald Campbell, marquis of, invades Scotland, 132. earl of Hay, afterwards 3rd duke of, 61 and n, 98; his anxiety to be made an earl, 96 ; lord treasurer for Scotland, his patent [as earl of Hay], 171. John Campbell, 2nd duke of, lord high commissioner to the parliament of Scotland, xxi, 16 and ti, 18-20 and n, 23-6, 32-7, 65-7, 70, 71, 89- 92, 99, 101, 148, 164-5, I7o-i> 178- 81 ; contemplates resignation, 38- 44, 47, 61 ; his letters, xxi and n ; urges the dismissal of the New Party, xxi, xxv ; his desire to be made a 201 202 LETTERS RELATING TO SCOTLAND Argyl 1 — continued. peer of England, 45, 46 ; recom- ; mends sir Gilbert Elliot for lordship of session, 51 ; his lease of assize herrings taken on west coast, 67, j 1 70- 1 ; largely instrumental in help- ing to pass the Treaty of Union, 96 and«,98«; pow er of his family, 129; ; grants pass to James M'Daniell, 191 ; i letters to, from James M'Daniell. 190-9. Army, funds for the troops, xiv, 32, 39. 41, 42, 48, 66, 102, 139, 140, 151 : officers to be ineligible as members of parliament, 156 ; weak state of Scots army, 149-50. Arthur (Artur), Daniel, 193, 196. Atholl, John Murray, 2nd earl of, funeral of, I. marquis, afterwards duke of, lord privy seal, xvii, 1 and «, 4-10, 24, 37, 56. 71, 81-2, 90, 102, 132, 194-7 : suspected of Jacobite sympathies, xvii ; his dukedom, and services to the government, xvii- xviii ; speech in parliament protest- ing his innocence of Scots plot, 84 ; his protestation against the English 'Alien' Act, 85-6; his power in Scotland and loyalty of the family, xviii, 130; alliance with Argyll family, 130; petitions the queen to be admitted to bail, 109 and )i ; his release, 141 and n : letters from, to Godolphin, 134-41. Bacon, sir Edmund, of Gillingham, 4th bart., 193, 196. Baillie, Robert, of Jerviswoode, treasurer-depute, a leader of the New Party, xix, 23 and «, 25, 28 and *, 97, 98 ; dismissed from the queen's service, 52 ; opposes national fast, 95. Ballentine. lord. See Bellenden. Ballot, Act against voting by (1663), 72 and n. Baltimore (Baltymore) in Cork, pro- jected landing of Pretender's ad- herents, 195. Bannerman (Benerman), Mr., 113. Barrington (Barington, Burington), sir Charles, 5th bart., 193, 196. Beaumont (Bewmont), sir George, of J Stoughton Grange, 4th bart., 193, 196. Belhaven, John Hamilton, 2nd baron, 54. 60, 74, 77, 84, 97, 106, 193, 196; his quarrel with sir Alex. Ogilvy, 2-7, 25 ; dismissed from the queen's service, 52 ; his speeches against union, 100-2 ; commissioner of Scots treasury, opponent of the union, 65 and n. Bellenden (Ballentine, Belanden),John, 2nd lord, assault on Mr. Gibsone, 7 ; death of, 100 and n. John, 3rd lord, 100. Berwick, James, duke of, to command troops in Ireland for the Pretender, 195. Blair castle, duke of Atholl arrested at. 109 Blantyre (Blanter), Alexander, 5th lord, 1 1 1- 1 5. Blois (Bloyes), sir Charles, 1st bart., of Gruntlesburgh, 193, 196. Bourk, capt. Nicholas, 197. col. Thomas, 193, 197. col. William, 193, 197. Boyle, David, 1st earl of Glasgow. See Glasgow. Breadalbane (Broadalbine), John, 1st earl of, 23 and I30-3, 193, 196. Brown (Broun), col. John, 193, 197. Bruce, Mr., 11-13. sir Alexander. See Kincardine, earl of. lady Mary, 93 and //. Bryan (Breyan), col., 192, 194. Buccleuch family, power of, 129-30. Buchan, David, 21st and 9th earl of, 30. Bunbury, sir Henry, 3rd bart., 193, 196. Burghs, Fletcher's proposal to enlarge number of parliamentary burghs, 1 56. Burnet, major, fined for assault, 7. Butter, importation forbidden, 57. Cameron, sir Ewen (Evon), 193, 196. clan, armed strength of, 131 ; all protestants and loyal to the crown, 131. Cameronians, 189 ; their junction with Jacobites feared, 188 and Campbell, Mr., II. lord Archibald. See Argyll, Archibald, 3rd duke of. lord Charles, son of John, 2nd duke of Argyll, 98. Colin, of Glendaruel, cited to attend Parliament, 84. Hugh, 3rd earl of Loudoun. See Loudoun. family, 129. Carmarthen, sir Thomas Osborne, of Kiveton, marquis of, 185 and n, 186, 188-9. INDEX 203 Carmichael, James, 3rd lord, afterwards 2nd earl of Hyndford. See Hyndford. Carstares (Carstairs), William, modera- tor of general assembly, 21 and n, 144 Castlehaven, Tames, 6th earl of, 192, 196. Cavalier (Jacobite or episcopal) party, xiv, xviii, 1 2, 16, 55-7. 62, 63, 69. 70, 79, 81, 87, 129; Seafield's relations to, x and n ; brings forward an act for regulating the constitution, 73 ; in favour of a federal union but against an incorporating union, 85, 101 ; friendly to queen Anne, 129; nonjurors, 143. Charles I., his visit to Scotland in 1641, 74 and 11 ; prejudice of Scots nobility against him, 1 19. Cheese, importation forbidden. 57. Church of Scotland, act for security of, 100, 102 and ;/, 103-4; representa- tion to parliament against the popish J successor, 107 ; Seafield appointed j lord high commissioner to general j assembly, 1700 and 1703. ix ; pro- j ceedings of general assembly, 1705, 21 ; general assembly commission and a national fast, xxv, 95 n ; com- mission appoints a day for prayer, xxv, 97. Civil list allowances, 16 ; funds ex- hausted. 39-40, 48, 66. Claim of Right, 72-4, 78. Clans, number of men in arms that can be raised by various clans. 131 ; protestant clans loyal to the crown, but hated by the Whigs, 132 ; lord Tarbat suggests to queen Anne the subsidising of the protestant clans, 132-3. Clarendon, Edward, 1st earl of, his fall from the ministry, 121. Clarges, sir Walter, 1st bart., 193, 196. 1 Clergy of Scotland, their conduct after i the Reformation, 118-23; hostile to a treaty for union, xxiv. Cockburn, Adam, of Ormiston, lord Ormiston, aftenvards lord justice clerk, 95. 96 ; writes to the earl of Sunderland, 108 ; recommends sir ' Gilbert Elliot for a judgeship, 165-6; his daughter's marriage, 187 ; letters from, xxi, 164-9. Cofflin, sir Thomas, 193, 196. Coinage, regulation of, 54, 55. Commissioners for shires, 17, 74. to the parliament of Scotland, powers of, 13 ; nomination of, 16- J 7' 33» 45- Argyll; Queens- berry ; Tweeddale. Coningsby (Conisby) of Clanbrassil, Thomas, 1st lord. 192, 196. Convention of burghs, 14. Conway, Francis Seymour, lord, 193, 196. Country party. See Old party. Court party, 116. Creagh (Creaugh), Stephen, 193, 196. Cromarty, sir George Mackenzie, of Tarbat, viscount Tarbat, afterwards 1st earl of. 59 and ;;, 94. 95. 135-7. 149. 1S7, 193, 196 : votes for union, 64. 99, 101 : secretary of state for Scotland, xv, 11S;/: Lockhart's opinion of viscount Tarbat, xv n ; a supporter of the government, 118;/; his ' First causes of Scotland's divisions," 1703, xv, 11S-23; his ' Present state of the Scots divisions,' xv, 123-9: his 'Characters of families,' xv, 129-33 ; letter from, Cromwell, Oliver, ' assists his brethren of the league in Scotland," 121. Crown, protestant succession to the, xvi, xix, xx. xxii. 10, 14 and «, 16, 20 ;/. 21, 33. 3S, 39, 43-7 and tr, 48-50, 54, 55, 105, 137 and «, 130, 143, 146, 149, 154, 155, 159, 164, 165, 169, 1S3 ; the earl of Glasgow's views as to its settlement, 179. limitations of prerogative. See Prerogative royal. Cullen, earl of Seafield commissioner for, viii. Dally, Dinish, judge, 193, 197. Dalrymple, George, 1S6. sir Hew, president of the court of session, 16 and ;/. 20, 24. 30. Damask, importation prohibited, 57. Darien colony, 13S; Seafield's opposi- tion to, viii-xi. Davey (Daviey, Douviss), sir Robert. 193, 196. Derby, James Stanlev. 19th and loth earl of, 187. Dickson, sir Robert. M.P., 5. Dornick [linen cloth], importation pro- hibited, 57. Douglas, Archibald, 3rd marquis, created duke of, S3 and family, eminence of, 130. Dover, duke of. See Queensberry. Drake, James, his History of the Last Parliament ', publicly burned. S and ft. 204 LETTERS RELATING TO SCOTLAND Drake, sir William, of Ashe, 4th bart., 193, 196. Drummond, James, lord, 193, 196. — — Robert, captain of the Speedy Return, alleged to have been murdered by capt. Green, 20. Duff, Alexander, of Drummuir, provost of Inverness, member of British parliament, 1708, 109. Duffus, Kenneth, 3rd lord, supports union, 104 and n. Dunbarton castle, garrison of, 1704, 150 ; keeper of, 23. Dundee, John Graham, viscount, 122, 132. Dunkirk, threatened invasion from, 41-2, 187, 195. Dunmore, Charles, 1st earl of, 25, 30. Dupplin, Thomas Hay, viscount. See Kinnoull, Thomas, 6th earl of. Dutch service, troops recruited in Scotland for, 26. Dysart (Dysert), Lionel, 3rd earl of, 192, 196. Edinburgh castle, garrison of, 1704, 150. provost of. See Johnston, sir Patrick. tumult at the execution of capt. Green, 27-30. Eglinton, Alex., 9th earl of, 4, 57, 66, 94, 131 ; in favour of union, 64 ; not friendly to the army, 150 and n. Hugh, 7th earl of, viii. Elliot, sir Gilbert, 33 ; recommended as a lord of session, 51, 166, 170. Episcopacy, its re-establishment aimed at by Cavalier party, xv ; declared antichristian by presbyterian clergy, 120, 123. Episcopal party. See Cavalier party. Errol, John, 1 2th earl of, lord high constable, 193, 196; arrests lord Belhaven and sir Alex. Ogilvy, 3, 4. Erskine, James, lord Grange, general receiver, 171, 176. Tohn, nth earl of Mar. 5<0*Mar. Falconer, James, lord Phesdo, death of, 50; his successor, 170. Farmers of the revenue excluded from parliament, 66, 78-9. Fast, national, proposed before nego- tiations for union were proceeded with, x\v, 95 and n. Ferguson, Mr. , 12. Findlater, James Ogilvy, 3rd earl of, viii. Findlater, James Ogilvy, 4th earl of. See Seafield. Mary, countess of, step-mother of Seafield, 46. Fishing, Act for encouraging, 67-8, 70, 160, 166. Fletcher, Andrew, of Saltoun, xi-xii, 106, 167 ; proposes limitations on powers of sovereign, xvii, xviii, 55 and //, 56 and 11, 63, 74 ; sends a challenge to the earl of Roxburghe, 58; his resolve anent 'Alien' Act, 65 ; his petition of right, favouring a republic, 72-3 ; his proposal for adding to the number of parlia- mentary burghs, 156. Forbes, sir Robert, privy council clerk, 32. — — William, 13th lord, 187. Forfar, Archibald, 1st earl of, 25, 56 and ;/. Free trade with England, 33. I French, Arthur (Artur), 193, 197. General Assembly. See Church of Scotland. I Gerard (Gerord), sir Samuel, 193, 196. Ghir, sir William, 193, 196. Gibson, Mr., assaulted by lord Bel- lenden, 7. Glasgow, tumult over refusal of magi- strates to sign an address against the union, 107 and ;/. David Boyle, 1st earl of, 23 and ;;, 188 ; treasurer-depute, xxii, 50 180; lord clerk register, 183-4; letters from, to Godolphin, xxi, 178- 84. Glencairn, W illiam, 11th earl of, 23 and 25 ; privy councillor, 64 and ;/. Glengarry. See Macdonald of Glen- garry. Godolphin, Sidney, lord treasurer of England, xiii-xv, xix-xx, 1 13 ; advises the queen to sanction Act of Security, xviii, xx ; wishes to retain services of the New Party, xxi ; his desire to have the succession settled on the electress Sophia and her heirs, 47 tt, 140 and n ; letters to, from — Atholl, John, duke of, 134-41. Dupplin, Thomas, viscount, 173-4. Halifax, Charles, earl of, 160-3. Leven, David, 3rd earl of, 152-8. Loudoun, Hugh, earl of, 170-2. Mar, John, earl of, 175-7. Oxford, Robert Harley, earl of, 142-8. INDEX 205 Godolphin — continued. Ramsay, George, of Carriden, 149-51- Seafield, James, 1st earl of, 1-110. Gordon, Mr., imprisoned, 14. George, duke of, 194-7. John, provost of Aberdeen, member of British parliament, 1708, 109. — - family, power of, 130; faithful to the crown, 130; chiefs papists, 130. Grant, Alexander, yr. of Grant, 193, 196 ; recommended for earl of Mar's regiment, 92 ; member of British parliament, 1708, 109. Gray, John, 9th lord, 188. Green, Thomas, captain of the Wor- cester, accused of piracy and murder, tried by court of admiralty and sentenced to death, xx, 15 n, 17, 19 and n, 20 ; opposition to a reprieve, 24-6 ; tumult in Edinburgh at his execution, 27-8 ; his crew reprieved and their case remitted to the privy council, 29-30, 34 ; their trial to be printed, 34 ; again reprieved, 49, 58, 91. Griffin, Edward, lord, 188. Haddington, Thomas, 6th earl of, 2, 87 ; a supporter of New Party, 52 and n, 97. Halifax, Charles Montagu, earl of, letters from, to Godolphin, xxi, 160-3. Hamer. See Hanmer. Hamilton, James, 4th duke of, 2, 3, 18, 21, 24, 29, 37, 56-7, 59, 60, 63, 65, 69, 71, 75-6, 79, 81-2, 90, 94, 100, 102, 106, 137, 139, 140, 143, 164, 166-7, 187-9? 194-7 J nis protest against the legality of the con- vention, 1702, xii-xiii ; his attempt to secure its dissolution, xiii, 111-17 ; dines at Kiniel with Seafield, 46 ; resolutions by, 66, 153-4; anxious to be on council for trade, 71 ; un- successful, 72 ; speech on the Scots plot, 82 ; speech in parliament protesting his innocence of Scots plot, 84 ; his proposal that nomina- tion of commissioners to parliament be left to the queen, carried, xxiv, 87 ; desires minutes and journal of parliament to be printed, 93 ; leader of Country party, ill n; his pro- posals anent army officers and others being ineligible for parliament, 156 ; letters from, to William Keith, yr. of Ludquhairn, 1 1 1 - 1 7. Hamilton, William, duke of, ix. family, power of, 129 ; allied to that of Argyll, 130. Hanmer (Hamer), sir Thomas, 4th bart., 193, 196. Hanover, house of, and the succession. See Sophia. Harley, Robert. See Oxford, earl of. Hay, Thomas, of Balhousie, viscount Dupplin. See Kinnoull, 6th earl of. Hayes, sir Christopher, 193, 196. Hedges, sir Charles, English secre- tary of state, 144 and n, 163, 189. Herring fishing, Dutch 'dogers,' pur- sued by French men of war, 58 ; premiums given to exporters of herrings, 67-8; lord commissioner's lease of assize herrings on west coast. 67, 170-1. Hickman, sir YVilloughby, 3rd bart., 193, 196. Highlanders. See Clans. Highlands, libraries sent from England to the, 21. Holland (cloth), foreign, importation prohibited, 57. Home (Hume), Charles, 6th earl of, 193, 196 ; opponent of union, 74 and n. sir John, 25. sir Patrick. See Marchmont, earl of. Hope, Archibald, lord Rankeilor, death of, 96, 171. Hopetoun (Hoptone), Charles, 1st earl of, 24. Howe (How), sir James, of Cold Bar- wick, 2nd bart., 193, 196. John, 193, 196. Hume. Sec Home. Hyde, Mr., 13. Hyndford, James, 3rd lord Carmichael, afterwards 2nd earl of Hyndford, succeeds his father as colonel of a regiment of dragoons, 169. John, 1st earl of, 25, 169. Invasion, threatened by French squad- ron under St. Pol, 41 and 42, 44, 187 and n, 188. Inverkeithing, success of the English army at, 121. Inverness, provost of. See Duff, Alex. Jacobite party. See Cavalier party. James II. of England, his ' forfaulture,' viii, ix. James VI., his Basilicon doron, 119. James, duke of York. See York. James, the Pretender. See Stewart, James. 206 LETTERS RELATING TO SCOTLAND Jenkins (Jenkin), sir Robert, 193, 196. I Jerviswoode (Jeroeswood). See Baillie, j Robert. Johnstone, James, lord clerk register, | 13 and n, 14, 15, 20, 22, 23, 139 and 140 and «, 159, 181 ; dismissed from office, 28 and n, 29, 35. sir Patrick, provost of Edinburgh, 29-30. ' |uncto,' i.e. Whig party, no and u, ' 186. Keith, William, yr. of Ludquhairn, commissioner of supply for Aber- deenshire, letters to, from James, 4th duke of Hamilton, xiii, ill- 17. Keppoch. See Macdonald of Glengarry and Keppoch. Ker, lord John, 100. Kincardine, sir Alexander Bruce, of Broomhall, earl of, against the union, 93 and n, 1 10. Kinneil (Kiniel) house, 46. Kinnoull, Thomas Hay, of Balhousie, viscount Dupplin, afterwards 6th [? 7th] earl of, 104 and n ; letter from, to Godolphin, 173-4. Knox, Mr. , 12. Lacon, Mr., informer, 14. Lambert, a rebel, 188. Lanuy, M. , 192, 194, 195. Lauderdale (Lautherdale), John, 5th earl of, 24 and «, 64. Leasing-making abolished as a capital offence, 7-8. Leith, 1600 men sail from Leith to join Marlborough's army in Holland, 13 and 26. Lennox, Charles. 1st duke of, heritable jurisdictions of the family, 130. Leven (Leaven), David Melville, 3rd earl of, afterwards 2nd earl of Mel- ville, general, 15, 24 and 27, 30, 36, 99, I4I, 144, 148, 187; and the New Party, xxv and n ; asks Godol- phin to obtain a remission for him from the queen, 152-3; appointed to command Scottish forces, 157-8; recommended by earl of Glasgow, 182; letters from, to Godolphin, 1 52-8. Libraries sent from England to the 1 Iighlands. 21. Linen manufacture encouraged by pro- hibition of imports. 57 ; high duties on linen, 138. Livingston, capt. , imprisoned, 14. Livistoun, William, 199. Lockhart, Cromwell, of Lee, his assault on a macer, 7. George, of Carnuath, xi, xvii, 95 ; his estimate of Seafield's charac- ter and career, ix-x. London, cost of journey to, and resi- dence there, 75 and Lord chancellor. See Seafield, earl of. Lord clerk register. See Johnstone, James ; Murray, James. Lord commissioner to parliament of Scotland. See Argyll, John, 2nd duke of ; Queen sberry, James, 2nd duke of ; Tweeddale, John, 2nd mar- quis of. Lord justice clerk. See Cockburn, Adam ; Mackenzie, Roderick. Lothian, William, 2nd marquis of, 52 ; a supporter of the union, 62 and 101, 166. Loudoun, Hugh Campbell, 3rd earl of, 25, 30, 53, 67 ; secretary of state in Scotland, xxii, 50 n, 89, 99, 109 ; delivers papers on Scots plot to clerk register, 84 ; Loudoun and the treasury, 60-1 ; letters from, to Godolphin, xxii, 170-2. \ Louis XI v. of Erance, plotting for the Pretender James, 194. Lovat, Simon Fraser, nth lord, and the Scots plot, 82 ; his power in the Highlands, 131; strength of his armed following, 131 ; all protestants and faithful to the crown, 131. Lowndes, William, secretary to the treasury, 187, 189. Loyd, Henry, 193, 196. M'Carthy (M'Carty) More, 193, 197. Reaugh, 193, 197. col. Charles, of Co. Cork, 191 -2, 194, 197. M'Daniell, col. James, 192-7. James, an Irishman, his letters concerning designs against the government, 35, 40 ; papers delivered by him to the duke of Argyll, 1705, 190-9. M'Donald of Glencoe, 193, 196. of Glengarry and Keppoch, followers of, 131. of Glenronald (Glenonald), 193, 196. (M 'Ronald) of Moydartand Barra (Barry), 131. sir Donald, 193, 196; number of his armed followers, 131 ; protestants and loyal to the crown, 131. INDEX 207 M 'Donald clan, 130. M'Grall (M'Groth), col. Dinish, of Killbeherry, Cork, 193, 197. M'Intosh clan, armed strength of, 131 ; protectants and faithful to the crown, Mackay (M'kie), Hugh, major-general, defeat of his army by Dundee, 132. clan, armed strength of, 131; all protestants and loyal to the crown. 131. See also Macky. Mackenzie of Seaforth. 193, 196. George, Stonehaven, cited to attend parliament, 84. Roderick, of Prestonhall, lord justice-clerk, 4, 24 and n, 25, 30, 35, 139 and n. clan, armed strength of, 131 ; all protestants and faithful to the crown, 131- Macky, John, government agent, his estimate of Seafield, xi and Macleod, capt., cited to attend parlia- ment, 84. of Harris (Herries), number of his armed followers, 131 ; all protestants and loyal to the crown, 131. (M 'Clod) family, 130, 193, 196. Madder (Mader), John, capt. [mate of the Worcester], executed in Edin- burgh, 27-8. Maitland, Mr., 12. R. , brigadier, 42. Mar (Marr), John Erskine, nth earl of, 2 5> 3°> I 3 I > I 3 2 ' l %7 ! introduces Act for treaty of Union, xxiii ; his relations with the New Party, xxv and n ; secretary of state for Scotland, 89, 92, 98 99, 109, 157 ; leader of rising of 17 15, S 2 an d n i 56; governor of Stirling castle, and colonel of a regiment of foot, his vote on the succession, 149 ; letters from, to Godolphin, 175-7. March, William Douglas, earl of, death of, 182. Marchmont, Patrick Hume, 1st earl of, 36, 64, 72, 79, 83, 98, 167; member of New Party, 97 ; leaves the New Party, 85 and 11 ; opposes national fast, 95 ; his comment on Belhaven's speech, 100 n ; favours union, 99, 101. Marischal, William, 9th earl, 2 ; op- ponent of the union, 54 and n ; protests against manner of settling the succession, 107. I" Markworth (Muckworth), sir Hum-" phrey, 193, 196. Marlborough, John, duke of, 36, 42, 141, 158; forces sail from Leith to join his army, 13 and n, 18, 26. Sarah, countess, afterwards duch- ess of, xiii, 112, 115. Marston Moor (Long-mestoun-moor), 75 and 11. Mary, queen of Scots, and the Re- formation, 1 18-19. Mary of Modena, queen of James II., plotting with French king- 192 and u, 194, 197. ! Mason, Mr., 111. Maxwell, sir George, imprisoned, 14. Melville, David, 3rd earl of Leven. See Leven. — —George, 1st earl of, earl of Leven : s father, 154. Menzies, Mr., 12. Merchants, Scottish, request passes to protect them in trade with France and Spain, 90-1 ; against union, 174. Middleton, John, 1st earl of, his fall from power, 121. Monk. See Albemarle. Montagu, Charles, earl of Halifax. See Halifax. Montgomery (Montgumrie), lady Anna, countess of Findlater, viii. Francis, uncle of the earl of Seafield, 25, 30, 109. Montingi, Monsieur, 117. Montrose, James, 1st marquis of, his six battles, 132. James, 4th marquis of, aftcrtvards 1st duke of, 2, 94, 99, 131 ; lord high admiral, 18 and ;/ ; declines salary, 22, 26, 31 and », 32, 33, 34 ; his commission stopped, 37. Moray ( Murray), Charles, 6th earl of, 67 and n. Mordaunt (Mordant), sir John, 6th bart., 193, 196. Mostyn (Musten), sir Roger (Robert), 3rd bart., 193, 196. Mullony. .SV/O'Molony. Munro, col., 192, 194, 195. Murray, capt., 192, 195. James, lord Philiphaugh, lord clerk register, 20, 29, 40, 45, 46, 48, 49, 5°, 53, 54, 61, 105; death of, 183. James, of Dowally, brother of the duke of Atholl, 141. John, duke of Atholl. See Atholl. See also Moray. 208 LETTERS RELATING TO SCOTLAND Musgrave, sir Christopher, clerk of the ordnance, 147 and n. Muslin, foreign, importation and wear- ing forbidden, 57. Nairn (Nairne), Mr., 12, 170, 171. sir David, 61, 77, 92, 102, 141, 176; under-secretary of state, 91 and n ; payments to, 182. Navigation. See Acts. New Party, xxiv, 15-43, 48, 55-6, 60, 62-3, 66, 69, 70, 76-87, 94-5» io 3» 162, 166-7 5 their failure to carry the measure for settling the succession, xx, 144 and n ; Argyll anxious that the party should be discarded, xxi ; Seafield and Godolphin for their re- tention, xxi ; party dismissed, xxii, 50 and 71 ; Seafield secures its support, xxv-xxvi ; members of, 97 ; supports union in parliament and assembly, 98, 99, 101 ; placed in power by Godolphin, 140 n ; 'the Squadrone,' xxv, no and 185. Northesk, David Carnegie, 4th earl of, 187. Nottingham, Daniel, 2nd earl of, English secretary of state, 8 and n, 142, 185, 189, 196 ; charged with Scottish affairs, favours a new election in Scotland, xiv. O'Brien (O'Brey, O'Breyan), sir Donough, 1st bart., of county Clare, 193, 197 Mr. Lucius (Lusius), 193, 197. O'Daniell, 193. Officers of state, nomination of, to be made by parliament, 77-8, 106. Ogilvy (Ogilvie), Mr., n, 12. sir Alex., of Forglen, keeper of great seal, 79 ; his quarrel with lord Belhaven, 2-7 ; recommended by Seafield as successor to lord Phesdo, but withdraws in favour of sir Gilbert Elliot, 50-1, 53. James, 1st earl of Seafield. See Seafield. col. Patrick, Seafield's brother, salary for services in the west, 150. Old (or Country) party, 14-20, 22-4, 26, 29, 30, 32-4, 36, 38, 41-8, 143 ; opposed to the government, xiv ; opposed to succession of electress Sophia, xix, 47 and n ; address to the queen against the legality of the existing parliament, xii, in and //, 112; address refused, 113, 114. O'Mally (O'Moly), 193, 197. O'Molony (Mullony), councelour Dinish, 193, 196. John, bishop of Killaloe (Killalue), 191, 194, 195. O'Ranke, 193. Orkney, commissioners for the shire, election of, 1703, 2. George Hamilton, earl of, 186. Ormiston, lord. See Cockburn, Adam. Ormonde, James, duke of, 121. O'Rourk, 197. Orrery (Orrerie), Charles Boyle, earl of, 52. Osborne, sir Thomas, of Kiveton. See Carmarthen, marquis of. O'Sullivan (Sullivone, Sullvion) Bear, I93» !97- More, 193, 197. Oxford, Robert Harley, speaker of the house of commons afterwards earl of, xiii, xiv, n-13, 153; letters to Godolphin, 142-8. Parliament of England, Whig parlia- ment dissolved, Tory majority, 1702, xiii, 116 and n. of Great Britain, 108 n ; first meeting, 109 and 11 ; farmers and tacksmen of the revenue and pen- sioners to be excluded from member- ship, 66, 73, 78, 79 ; also army officers, 156; to have power of nomination of officers of state, council, and session, 77-8. of Scotland, its status at the accession of queen Anne, xii ; a new election ordered, xiv ; necessity for legalising the convention which sanctioned queen Anne's accession, xvi ; legality of parliament of 1689 questioned by the Country party, 1 1 1 and n ; transactions in parlia- ment of 1703, 1-110, 152-8, 164-9; power of declaring war, 8-9, 56 ;/ ; prerogative of adjourning vested in the crown, 9, 11 ; privileges of members, 6; asks for papers, etc., concerning the Scots plot, from the English parliament, 81-2; papers sent, 84 ; election of county members at Michaelmas and dissolution of, 142. Parliaments, triennial, 17, 66, 73, 77-9, 90, 162. Parties in parliament. See Cavalier party ; New Party ; Old party ; Revolution party ; Tory party ; Whig party. INDEX 209 Party government dangerous for mon- archy, 127-8. Pensioners of state, eligibility for members of parliament, 73, 156. Phesdo. See Falconer, James, lord Phesdo. Philiphaugh. See Murray, James, lord Philiphaugh. Piers (Price), Richard, bishop of Water- ford, 192, 194. Pitcairn, Dr. Archibald, 187 and n. Plot (Queensberry or Scots plot), causes fall of Queensberry's ministry, xix ; papers and depositions concern- ing the plot asked by Scottish parlia- ment from the parliament of England, 81-2; papers, etc., delivered by Loudoun to the clerk register, 84 ; inquiry into the plot, 156. Poley, Mr., 147. Prerogative, royal, 5-6; re adjourning parliament, 9-10 ; re pardons, 19-20, 25 ; re nomination of commissioners to parliament, 33, 45 ; re nomination of commissioners to treat for union, xxiv, 87 ; re nomination of Council of Trade, 68-70; re naming of judges, 68-9 ; re commission for valuing tythes, 69 ; re commission of justici- ary for the Highland, 69 ; re com- missions for regulations of judicatures, 69 ; acts asserting prerogative, 75 ; limitations proposed by Fletcher of Saltoun, etc., xvii, xviii, 55 and n, 59, 60, 62-4, 72-6, 106, 135, 138, 154, 167, 168 ; nomination of officers of state, council, and session to be made by parliament, 77-8. Presbyterian clergy, against union, 174, 176, 177. ■ party, 2 ; united and loyal, 154 ; opposed to a new election in Scot- land, xiv-xv. Preston, Scots army defeated, 121. Price, bishop of Waterford. See Piers, Richard. Privy council of Scotland, 26, 28, 29. Protection of linen manufactories, 57. Queensberry, Charles, 3rd duke of, his patent, 98. James, 2nd duke of, lord high commissioner to the parliament of Scotland, xv, xvii, xxiv, I and n, 2-12, 53. 54, 59-62, 65-7, 70, 71, • 76, 83, 89-102, 109, 113-16, 135, 136, 140, 142, 143 and 71, 161, 175, 176, 179, 182, 185 ; opposed to a new parliamentary election in Scot- Queensberry — continued. land, xiv ; insists on dismissal of New Party, 19 and n, 23, 36, 44-9 and », 50 and n; made lord privy seal, xxii, 50 and n ; his letters anent Scots plot, 82, 84 ; proposes ad- dress to the queen anent 'Alien' Act, xxiii, 86 and n ; greatness of his estate and following in Scotland, 130; created duke of Dover, 185-8, 185 Rae, lord. See Reay. Ramsay, sir David, of Balmain, mem- ber of British parliament, 1708, 109. George, of Carriden, It. -gen., commissioner for West Lothian, 5 ; death of, 182 ; letters from, 10 Godolphin, 149-51. Rankeilor (Rankilor), lord. See Hope, Archibald. Reay (Rae), George, 3rd lord, 132-3. Reformation in Scotland, opposed by queen regent and queen Mary, 118. Republic, Fletcher of Saltoun favours formation of, 72-3 ; deemed unsuit- able, 76. Revolution party, 14, 44, 165, 166, 169, 178, 179. Revenue, general receiver of, not in- eligible as member of parliament, 79. Rigby, Alexander, letters from, 185-9. Robert the Bruce, 130. Robinson, Mr., 147. Rosebery (Roseburgh), Archibald, 1st earl of, 25, 131, 186. Ross, Hugh, of Kilravock (Kilraick) member of British parliament, 1708, 109. William, 12th lord, 56 and n, 187. Rothes, John, 8th earl of, xix, 2, 50, 81, 87, 131, 138 ; dismissed from the queen's service, 52 ; a member of the New Party, 53 and n } 97 ; moves his act upon limitations of royal prerogative, 72, 73. Roxburghe, John Drummond, 5th earl, afterwards 1st duke of, xix, 2, 15, 18; a leader of the New Party, 22 and n, 25, 26, 31, 33, 35, 44, 64-5, 7o, 83, 87, 97, 98, 100, 104, 134-5, 185-9; dismissed from the queen's service, 52 ; challenged by Fletcher of Saltoun, 58 ; his supersession re- commended by earl of Glasgow, 178. W illiam Drummond, 2nd earl of, 100 n. Royalist estates sequestrated, 1649, 75- 0 210 LETTERS RELATING TO SCOTLAND St. Maloes privateer taken off Kin- tyre, 48. St. Pol (St. Paul), admiral, and threatened invasion of Scotland, 41 and n, 42, 44, 49. Scotland's divisions, causes of, xv, 118-23 J state °f> xv > I2 3'9- Scots Brigade in Holland, recruiting for, 18 and n, 26. Scots council about queen Anne, sug- gested by Godolphin, 77. Scots Guards, 149. Scottish families, notes on, xv, 129-31. Scottish nobility, an accomplished body, vii ; their prejudice against Charles I., 119; their disaffection and desire to hold all the offices of state against loyalists, 120; Scots nobles imprisoned in the Tower, 1708, 188 and n. Seafield, James Ogilvy, 1st earl of, afterwards 4th earl of Findlater, lord chancellor of Scotland, xxii, xxiv, 143 and n, 146, 152, 175, 185 ; sketch of his career, viii-ix ; George Lock- hart of Carnwath's estimate of him, ix-x ; John Macky's opinion of him, xi ; his speech against the 'for- faulture ' of James 11., viii, ix ; his opposition to the Darien scheme, viii-xi ; commissioner to the general assembly, 1700 and 1703, ix ; his character and aims, xi-xii ; con- siders New Party indispensable, xxi ; secures its support, xxv-xxvi ; note on his published correspondence, xxvi n ; his coach stopped by mob in Edinburgh, 27-30 ; frequently entertains members of parliament, 98; not friendly to the army, 150-1; letters from, to Sidney Godol- phin, lord treasurer of England, vii, 1- 1 10; synopsis of their contents, xii-xxvi. Seaforth, Kenneth, 4th earl of, his power in the Highlands, 130. Seaton , ensign in the Guards, accused of threatening a member of parliament, 5. William, yr. of Pitmedden, 153. Selkirk, Charles, 2nd earl of, an op- ponent of the union, 53 and n, 60 ; dismissed from the queen's service, 52. Seymour, sir Edward, 4th bart., comptroller of the household to queen Anne, 8 and n, 192, 196. (Seymor), sir Henry, of Langley, 1st bart., 193, 196. Sidney, Mr., 1 1, 12. Simpson, gunner of the Worcester, ex- ecuted in Edinburgh, 27-8. Sinclair, Mr., 12. Smuggling, carried on with American plantations, 57 n. Somers, John, baron, 103, 160, 163. I Sophia, electress, and the Hanoverian succession, xvi, xix, xxii, 14 n, 20 11, 47 n, 103 n, 137 n, 140 n. Southwell (Soutwell), sir Thomas, 2nd bart, 193, 197. Speedy Return, charge of murdering her crew, xx, 19 n. 'Squadrone,' i.e. New Party, xxv, no and n, 185. Stair, sir John Dalrymple, 1st earl of, 44 and n, 46, 50, 53, 61, 74, 167, 186. Stanhope, Mr., 147. Stanhouse, sir John, 193, 196. Stapleton, sir Bryan (Beyan, Breyan), 2nd bart., 193, 196. Stephens, Mr., 12. Stephenson, col. Thomas, 191, 194. Stewart (Stuvvord), capt., 192, 195. Mr.,11-13. Charles Edward, pretended prince of Wales, alleged plot to dethrone Anne and place him on throne, 190- 1 ; prince of Wales and the succession, 167. James, the Pretender, alleged plot to restore him to the throne, 1705, 190-6. sir James, lord advocate, 16 and n, 20, 24, 25, 26, 30, 36, 39, 45, 135 and n, 136; Godolphin's adviser in Scottish affairs, xix ; against union, 175 and n. John, brother of the earl of Galloway, lieut. - col. of Guards, his vote on the succession, 149-50. Robert, lord Tillicultrie, 171. Stirling (Stirveling) castle, garrison of, 1704, 150; governor of. See Mar, earl of. Succession to the crown. See Crown. Sunderland, Charles, 4th earl of, English secretary of state, 103 and *, 108. Supply, Acts for, xiv, xvi, 80-1, 139, 140, 155, 157, 161, 181. Sutherland (Southerland), John, 15th earl of, 24 and «. Tarbat, lord. See Cromarty, earl of. Terald. See Tyrrell. Teviot, Thomas Livingston, viscount, 36. INDEX 211 Tillycoultry (Tillicultrie), lord. See Stewart, Robert. Tory party, 94, 143 ; against union, 106 ; returned in English parliament, xiii, 116 and n ; their leaders and proposed national fast, 95 ; the party numerous and zealous for monarchy, 125 ; Tory and Whig principles con- trasted, 123-6; relative numbers of the parties, 124. Trade, Council of, 68-9 ; method of choosing councillors, 71-2, 77 ; members to be nominated by parlia- ment, 160-1. of Scotland, decayed since union of crowns, 137 ; trade with England, 14, 17, 54-7 ; with France and Spain, passes to be granted to Scots ships, 77. Treaty, English Act of, 62. Troops. See Army. Tullibardine, John, earl of. See Atholl, John, duke of. Tweeddale, John, 2nd marquis of, lord high commissioner to the parliament of Scotland, xix, xx, 13 and n, 16 n, 25, 31, 70, 87, 90, 104, 138, 154, 157, 173 ; leader of New Party, 47 n, 97, 136 and n, 140; his supersession recommended by earl of Glasgow, 178 ; dismissed from the queen's service, 52. Tyrrell (Terald, Tereld), sir John, 193, r 9 6. Union of the parliaments of England and Scotland, vii, xx, 16, 17, 20 n, 33 ; proceedings in Scottisli parlia- ment anent the act in favour of a treaty, xxii, xxiii, 14, 16, 17, 33, 43-9, 56, 59, 60, 62, 66, 70, 83, 84, 88, 90, 97-ioi, 136, 138, 161-83, passim-, appointment of Union — continued. commissioners to be made by the queen, xxiii-xxiv, 90 ; commissioners meet at Whitehall, xxiv ; Seafield's reasons for union, 63 ; a federal union suggested by Annandale, 97, 102 ; addresses against union pre- sented to parliament by general assembly and others, 101 ; Glasgow mob against union, 107 and n ; officers of state and clergy oppose union, 129 ; letter from viscount Dupplin anent union, 173. Urquhart, Mr., 12. Robert, junr., of Burdsyeards, member of British parliament, 1708, 109. Wedderburn (Wadderburn, Wed- erburn), Alex., deputy-secretary of state, 22, 26, 38. Wemyss (Weems), David, 3rd earl of, 187, 188. Whig party, and the Revolution settle- ment, xiv ; opposed to episcopacy, 125-6 ; Whig party in Scotland, different from English Whigs, 123 ; Whig and Tory principles contrasted, 124-6, 143 ; relative numbers of the parties, 124. White, col. John, 193, 197. William III., viii, ix-xiii, 122, 128. Worcester (Uster, Worchester), battle of, 75 and n, 121. Worcester, seizure of, in Leith Roads, xx. See Green, Thomas. Wray, capt. , 192, 194. Wright, Mr., 12. York, James, duke of, lord high commissioner to parliament of Scotland, 7. Printed by T. and A. Constable, Printers to His Majesty at the Edinburgh University Press £>cotttsrt) ^tstorp *©ctot?> THE EXECUTIVE. 191 4-191.5. President. The Earl of Rosebery, K.G., K.T., LL.D. Chairman of Council. Donald Crawford, K.C. Council. Sir James Balfour Paul, C.V.O., LL.D., Lyon King of Arms. A. Francis Steuart, Advocate. Sheriff ScOTT-MoNCRIEI F. C. S. Romanes, C.A. Sir G. M. Paul, D.K.S. R. K. Hannay. Professor P. Hume Brown, M.A., LL.D., Historiographer- Royal for Scotland. William K. Dickson, Advocate. J. R. N. Macphail, K.C. D. Hay Fleming, LL.D. Professor John Rankine, K.C, LL.D. The Hon. Lord Guthrie. Corresponding Members of the Council. Prof. C. H. Firth, LL.D., Oxford ; Rev. W. D. Macray, Green- lands, Bloxham, Banbury, Oxon. ; Prof. C. Sanford Terry, Aberdeen. Hon. Treasurer. J. T. Clark, ( rear Villa, 196 Ferry Road, Edinburgh. Hon. Secretary. J. Maitland Thomson, LL.D., Advocate, 3 Grosvenor Gardens, Edinburgh. RULES 1. The object of the Society is the discovery and printing, under selected editorship, of unpublished documents illus- trative of the civil, religious, and social history of Scotland. The Society will also undertake, in exceptional cases, to issue translations of printed works of a similar nature, which have not hitherto been accessible in English. 2. The number of Members of the Society shall be limited to 400. 3. The a airs of the Society shall be managed by a Council, consisting of a Chairman, Treasurer, Secretary, and twelve elected Members, five to make a quorum. Three of the twelve elected Members shall retire annually by ballot, but they shall be eligible for re-election. 4. The Annual Subscription to the Society shall be One Guinea. The publications of the Society shall not be delivered to any Member whose Subscription is in arrear, and no Member shall be permitted to receive more than one copy of the Society's publications. 5. The Society will undertake the issue of its own publica- tions, i.e. without the intervention of a publisher or any other paid agent. 6. The Society will issue yearly two octavo volumes of about 320 pages each. 7. An Annual General Meeting of the Society shall be held at the end of October, or at an approximate date to be determined by the Council. 8. Two stated Meetings of the Council shall be held each year, one on the last Tuesday of May, the other on the Tues- day preceding the day upon which the Annual General Meeting shall be held. The Secretary, on the request of three Members of the Council, shall call a special meeting of the Council. 9. Editors shall receive 20 copies of each volume they edit for the Society. 10. The owners of Manuscripts published by the Society will also be presented with a certain number of copies. 11. The Annual Balance-Sheet, Rules, and List of Members shall be printed. 12. No alteration shall be made in these Rules except at a General Meeting of the Society. A fortnight's notice of any alteration to be proposed shall be given to the Members of the Council. PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY For the year 1886-1887. 1. Bishop Pococke's Tours in Scotland, 1747-1760. Edited by D. W. Kemp. 2. Diary and Account Book of William Cunningham of Craig- ends, 1 673-1680. Edited by the Rev. James Dodds, D.D. For the year 1887-1888. S. Grameidos i. i lilt i sex : an heroic poem on the Campaign of 1689, by James Philip of Almerieclose. Translated and edited by the Rev. A. D. Murdoch. 4. The Register of the Kirk-Session of St. Andrews. Part i. 1559-1582. Edited by D. Hay Fleming. For the year 1888-1889. 5. Diary of the Rev. John Mill, Minister in Shetland, 1740- 1803. Edited by Gilbert Goudie. 6. Narrative of Mr. James Nimmo, a Covenanter, 1654-1709. Edited by W. G. Scott-Moncrieff. 7. The Register of the Kirk-Session of St. Andrews. Part n. 1583-1600. Edited by D. Hay Fleming. For the year 1889-1890. 8. A List of Persons concerned in the Rebellion (1745). With a Preface by the Earl of Rosebery. Presented to the Society by the Earl of Rosebery. 9. Glamis Papers: The ' Book of Record/ a Diary written by Patrick, first Earl of Strathmore, and other documents (1684-89). Edited by A. H. Millar. 10. John Major's History of Greater Britain (1521). Trans- lated and edited by Archibald Constable. For the year 1890-1891. 1 1. The Records of the Commissions of the General Assemblies, 1646-47. Edited by the Rev. Professor Mitchell, D.D., and the Rev. James Christie, D.D. 12. Court-Book of the Barony of Urie, 1604-1747. Edited by the Rev. D. G. Barron. 4 PUBLICATIONS For the year 1891-1892. Memoirs of Sir John Clerk of Penicuik, Baronet. Ex- tracted by himself from his own Journals, 1 676-1 755. Edited by John M. Gray. 14. Diary of Col. the Hon. John Erskine of Carnock, 1083- 1687. Edited by the Rev. Walter Macleod. For the year 1892-1893. 15. Miscellany of the Scottish History Society, First Volume — The Library of James vi., 1573-83. Edited by G. F. Warner. — Documents illustrating Catholic Policy, 1596-98. T. G. Law. — Letters of Sir Thomas Hopk, 1027-40. Rev. R. Paul. — Civil War Papers, 1643-50. H. F. Morland Simpson. — Lauderdale Correspondence, 1000-77. Right Rev. John Dowden, D.D. — Turxbill's Diary, 1057-1704. Rev. R. Paul. — Masterton Papers, 1000-1719. V. A. Noel Paton. — Accompt of Expenses in Edinburgh, 1715. A. H. Millar. — Rebellion Papers, 1715 and 1745. H. Paton. 16. Account Book of Sir John Foulis of Ravelston ( 1 67 1-1 707). Edited by the Rev. A. W. Cornelius Hallen. For the year 1893-1894. 17. Letters and Papers illustrating the Relations between Charles ii. and Scotland in 1650. Edited by Samuel Rawson Gardiner, D.C.L., etc. IS. Scotland and the Commonwealth. Letters and Papers RELATING TO THE MILITARY GOVERNMENT OF SCOTLAND, Allg. 1 651 -Dec. 1653. Edited by C. H. Firth, M.A. For the year 1894-1895. If). The Jacobite Attempt of 1 7 1 9- Letters of James, second Duke of Ormonde. Edited by W. K. Dickson. 20, 21. The Lyon in Mourning, or a Collection of Speeches, Letters, Journals, etc., relative to the Affairs of Prince Charles Edward Stuart, by Bishop Forbes. L746-1775. Edited by Henry Paton. Vols. i. and II. For the year 1895-1896. 22. The Lyon in Mourning. Vol. iil 23. Itinerary of Prince Charles Edward (Supplement to the Lyon in Mourning). Compiled by W. H. Blaikie. 24. Extracts from the Presbytery Records of Inverness and Dingwall from I 638 to l6&8. Edited by William Mackay. 25. Records of the Commissions of the General Assemblies {continued) for the years 1()4S and l6to. Edited by the Rev, Professor Mitchell. D.D., and Rev. James Christie, D.D. PUBLICATIONS 5 For the year 1896-1897. 26. VVariston's Diary and other Papers — Johnston of Wariston's Diary, 1639. Edited by G. M. Paul. — The Honours of Scotland, 1651-52. C. R. A, Howden. — The Earl of Mar's Legacies, 1722, 1726. Hon. S. Erskine.— Letters by Mrs. Grant of Laggan. J. R. N. Macphail. Presented to the Society by Messrs. T. and A. Constable. 27. Memorials of John Murray of Broughton, 1740-1747. Edited by R. Fitzroy Bell. 28. The Compt Buik of David Wedderburne, Merchant of Dundee, 1587-1630. Edited by A. H. Millar. For the year 1897-1898. 29. 30. The Correspondence of De Montereul and the brothers De Bellievre, French Ambassadors in England and Scot- land, 1645-1648. Edited, with Translation, by J. G. Pothering ham. 2 vols. For the year 1898-1899. 31. Scotland and the Protectorate. Letters and Papers relating to the Military Government of Scotland, from January 1654 to June 1659. Edited by C. H. Firth, M.A. 32. Papers illustrating the History of the Scots Brigade in the Service of the United Netherlands, 1572-1782. Edited by James Ferguson. Vol. i. 1572-1697- 33. 34. Macfarlane's Genealogical Collections concerning Families in Scotland : Manuscripts in the Advocates' Library. 2 vols. Edited by J. T. Clark, Keeper of the Library. Presented to the Society by the Trustees of the late Sir William Fraser, K.C. B. For the year 1899-1900. 35. Papers on the Scots Brigade in Holland, 1572-1782. Edited by James Ferguson. Vol. ii. 1698-1782. 36. Journal of a Foreign Tour in 1665 and 1 666, etc., by Sir John Lauder, Lord Fountainhall. Edited by Donald Crawford. 37. Papal Negotiations with Mary Queen of Scots during her Reign in Scotland. Chiefly from the Vatican Archives. Edited by the Rev. J. Hungerford Pollen, S.J. For the year 1900-1901. 38. Papers on the Scots Brigade in Holland, 1572-1782. Edited by James Ferguson. Vol. m. 39- The Diary of Andrew Hay of Craignethan. 1659-60. Edited by A. G. Reid, F.S.A.Scot. For the year 1901-1902. 40. Negotiations for the Union of England and Scotland in 1651-53. Edited by C. Sanford Terra". 41. The Loyall Dissuasive. Written in 1703 by Sir .Eneas Macpherson. Edited by the Rev. A. D. Murdoch. 6 PUBLICATIONS For the year 1902-1903. 42. The Chartulary of Lixdores, 119.5-1479. Edited by the Right Rev. John Dowden, D.D., Bishop of Edinburgh. 4.S. A Letter from Mary Queex of Scots to the Duke of Guise, Jan. 1562. Reproduced in Facsimile. Edited by the Rev. J. HlJXGERFORD PoLLEX, $.J. Presented to the Society l>y the family of the late Mr. Scott, of Halkshill. 44. Miscellany of the Scottish History Society, Second Volume — The Sc ottish King's Household, 14th Century. Edited by Mary Bateson. — The Scottish Nation in the University of Orleans, 1330-1538. John Kirkpatrick, LL.D. — The French Garrison at Dunbar, 1563. Roberts. Rait. — De Antiqittate Religionis apud Scotos, 1594. Henry D. G. Law. — Apology for William Maitland of Lethington, 1610. Andrew Lang. — Letters of Bishop George Graeme, 1602-38. L. G. Graeme. — A Scottish Journie, 1641. C. H. Firth. — Narratives illustrating the Di ke of Hamilton's Expedition to England, 1048. C. H. Firth. — Burnet-Leighton Papers, 1048-1G8-. H. C. Foxcroft. — Papers