Digitized by the Internet Archive i in 2015 https://archive.org/details/manuscriptsofduk00grea_2 HISTORICAL MANUSCRIPTS COMMISSION, ELEVENTH REPORT, APPENDIX, PART YI. THE MANUSCRIPTS OF THE DUKE OF HAMILTONp K.T. ta {lotli of ^arliamont Commanfr of Hor LONDON : PRINTED FOR HER MAJESTTS STATIONERY OFFICE, BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QIJEEN’s MOST EXCELLENT MAJESTY. And to be purchased, either directly or through any Bookseller, from EYRE AND SPOTTISWOODE, East Harding Street, Fleet Street, E.C., and 32, Abingdon Street, Westminster, S.W. ; or ADAM AND CHARLES BLACK, 6, North Bridge, Edinburgh; or HODGES, FIGGIS, & Co., 104, Grafton Street, Dublin. 1887. [C.— 5060.-V.] l^rice 1r. HISTORICAL MANCSORIPTS COMMISSION. ELEVENTH REPORT, APPENDIX, PART VI. MANUSCEIPTS DUKE OF HAMILTON, K.T. I9rt0>ntcXf I 0 Imtl; nf paiTiAmcnt In’ Cammaulf nf iiflajrsDL PRINTED FOR HER MAJESTY’S STATIONERY OFFICE. BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN’S MOST EXCELLENT MAJESTY. And to Ijc purchased, either directly or through any Bookseller, from EYRE AND SPOTTISWOODE, East Harding Street, Fleet Street, E.C., and Abingdon Street, Westminster, S.W. ; or ADAM AND CHARLES BLACK, (1, North Bridge, Edinburgh; or HODGES, EIGGIS, & Co., 101, Grafton Street, Dublin. THE OF THE LONDON: IS87, [C. — 5000.~y.] Price I 5 Or/. CONTENTS (1.) The Charters and Miscellaneous Historical Papihis of his Grace the Duke of Hamilton, &c., &c., K.T., IN Ha;milton Palace, in the COUNTY OF Lanark - - - _ - (2.) First Eeport on the Correspondence (3.) Additional Correspondence recently discovered - (4.) Second Report on the Corresi'Ondence (5.) Additional Hamilton Charters recently dis- covered - ^ - (6.) Index of Persons and Places = » - Page 1-59 59-132 132-134 134-202 202-226 227-261 U 24964. a r. r ( . '.If'' y a * 'if »ri'^l^-|.t'^-- ^■■'* ' ■ '■' aX'"' ^,‘*< 4 T'^?/,^;. ■■ './.a. ''^.Vjiit.st.i .'- ' I -Hjivv r,5i MiUVOiftAipt; -.yat. V>i^» i^^rt-i' -'^- "' ■■ ;r r'’T ' v’ ' A---. . . ^ .:*} ■ ', * I ,M ''^}p £ i' '> - •i‘....-} ' x>^w^'V' ■• Ap'Xiltfth} , -.'^ «• ,1C^- r(!£--tSir' - ' B",ta^‘ ' -v^'- W^'' 0.«.fr- FAi iiglfc i ■' •' ■ ' Jf :» " •■' ."", '• ,'X:J^' . .■•-;>y>' «iii| ^ - ., ■- ■ ■■ -'.WfW i'i-' 'v,-'- -;'l • ' ■■<- f. y :. :j f ♦ * . 'H • *. ■ ;■■/' ,. « 1 THE CHAKTERS AND MISCELLANEOUS HISTORICAL PAPERS OF HIS GRACE THE DUKE OF HAMILTON, ETC., ETC., K.T., IN HAMILTO^i PALACE, IN THE COUNTY OF LANARK. The documents referred to in this Report form only a portion, and that, perhaps, the least interesting portion of the large and valuable col- lection of papers in Hamilton Palace. The historical treasures preserved there were so far made known in 1847 by a descriptive catalogue of them, which in that year was printed by the Maitland Club, as Vol. IV., Part I., of their Miscellany. The catalogue in question became the property of Mr. George Chalmers, author of “ Caledonia,” and at the sale of his library, after his death, it was purchased on behalf of the Maitland Club. Their print of it was edited by Mr. Joseph Robertson, then editor of the “ Glasgow Constitutional.” That catalogue, besides brief notices of some of the papers now reported on, refers to a very extensive and valuable series of Royal letters, and State and official correspondence addressed to or connected with the members of the family of Hamilton, from the time of King James V. and the Regent Arran until after the union of England and Scotland. That correspondence, however, is not included in this Report, which is devoted more especially to the charter muniments of the family of Hamilton, showing their rise in Scotland, their increase of territory, and their royal alliance, which at one period made them nearest heirs to the Crown. A numerous series of bonds of manrent granted by some of the most powerful barons of Scotland are also given, not only as interesting in themselves, but as indicative of the manner in which the influence of a powerful nobleman was then courted and maintained. Several other documents of a more miscellaneous descrip- tion, all of a more or less historical bearing, are also included in this Report, which thus comprises that portion of the Hamilton collection v/hich does not partake of an epistolary character, the correspondence and the papers to w^hich it relates being reserved for another and fuller Report. The charters and other muniments thus generally enumerated do not bear date earlier than the year 1315, which is the date of the oldest charter of the lands of Hamilton now in the charter chest. The charters here given, e.g.^ Nos. 1-30, are only a selection of the whole muniments relating to the lands, which, after the year 1542, assume merely the ordinary course of a feudal progress of titles. The other charters here reported on, e.g.^ Nos. 30-57, refer to the families of Stewart of Bute and Dalyell of Bracanrig, a branch of the Dalyells of that Ilk, some of w'hose possessions were acquired by one of the Earls of Arran. The origin of the family of Hamilton, which rose to such a height of power in Scotland, is like that of many other noble families in Scotland involved in obscurity. The subject has given rise to discussion, and while it would be foreign to the object of this Report, which is only descriptive of the Hamilton muniments, to enter into a dissertation as to the origin of U 24964. Wt. 6696. a MSS. THE Duke of Hamilton, MSS. OF THE DHKE of Hamilton. 2 HISTORICAL MANUSCRIPTS COMMISSION. the Hamilton family, a short notice of the earliest members of it may be given. The earliest known member of the family is the Walter Fitz- Grilbert to whom, and tohis wife Mary G-ordon, King Robert Bruce granted a charter of Machan, in 1315 [No. 1 infra\. His son was named David Fitz- Walter, and his grandson, also named David, is the first to whom the surname of Hamilton is applied by King Robert 11. in a charter dated in 1375 [No. 5 infra~\. Genealogists have given to Walter Fitz- Gilbert a descent from the family of Bellamont, Earls of Leicester, through a younger son of the third Earl, and tradition supplies a fabulous story of Sir Gilbert Hamilton and his escape from England to Scotland in 1323. This descent is imaginary, and Walter Fitz-Gilberfc was settled in Scotland long previous to that year. But his ancestry still remains a mystery, though the most plausible suggestion is that he belonged to a Northumbrian family. About the year 1209, Roger and Robert de Hameldon appear in Northumberland^ the first having dealings with the Abbot of Kelso, and it has been supposed that they or others of the name of Hameldon in England were probably the ancestors of the Scottish house of Hamilton. It may be doubted, however, whether this alleged descent is to be accepted. It does not appear that Walter Fitz- Gilbert bore the surname of Hamilton, which as stated was first applied to and apparently first assumed by his grandson David about the year 1375. On the other hand, the Northumbrian origin of the family is probable, as Fitz-Gilbert frequently appears as a surname in North- umbrian records. A Walter Fitz-Gilbert appears in 1201. His wife was Emma de IJmfraville, and he was dead before 1207, when his widow was again sought in marriage, and gave her hand to Peter de Vaux, Gilbert de Umfraville, one of the great baronial family of that name, and a Walter Fitz-Gilbert appear side by side as witnesses of the Con- firmation Charter by King Malcolm tbe Foiiith to the Abbey of Dunfermline about the year 1155. The Umfravilles.as evidenced by their seals and by heraldic works, equally with the old Earls of Leicester, bore a single cinquefoil on their shield. The origin of the three cinquefoils in theHamilton escutcheon may, perhaps, be traced to this source, and as already indicated the Northumbrian Fitz-Gilbert married an Umfraville. This heraldic fact tends to confirm the alleged Northumbrian descent of the Hamiltons. Walter Fitz-Gilbert was resident in Scotland so early as 1294. On the 10th January in that year, with other barons, he witnessed a charter by James Steward of Scotland to the monks of Paisley, granted at Black- ball in Renfrewshire. A few years later, about 1300, along with John Maxwell of Nether Pollok, Sir Alan of Glasford, and others, he witnessed a charter to the same monks by Sir Herbert Maxwell. On 28th August 1296, he with other barons whose lands lay in the counties of Lanark and Renfrew paid homage to King Edward I. at Berwick, and in the Ragman Roll is described as “ Wauter fiz Gilbert de Hameldone.” In ] 306, he is mentioned as having a grant from the English King of the lands of Ughtrotherestrother (now Crawford Priory) in Fife, which, however, were claimed by Thomas de Grey. Walter Fitz Gilbert remained faithful to the English interest until the battle of Bannockburn, if, as is probable, he is the person referred to by Barbour, who states that “ Schyr Waltre Gilbertson” was then captain of the castle of Bothwell. After Bannnockburn, the Earl of Hertford and other Englishmen sought safety at Bothwell, as it was held for the English, but the Earl only and fifty of his men were admitted over the wall and made prisoners by the garrison, who soon after surrendered their captives and the castle to Edward Bruce and a detachment of the HISTOEICAL MANUSCRIPTS COMMISSION. 8 Scottish army. For this or other services Walter Fitz Gilbert, like so many other Scotsmen who had been of the English party, was received into favour, and received from King Robert the Bruce, more than one grant of land. The lands of Machan were bestowed the year follow- ing Bannockburn, [No. 1 infra^, and in 1323 the King granted the barony of Kinneil in the county of Linlithgow, with Larbert and Auldcathy [No. 2 infra^. The barony of Kinneil is still a part of the extensive possessions of the present Duke of Hamilton, the descendant of Walter Fitz Gilbert. These charters are granted to Walter Fitz Gilbert and his wife Mary Gordon, but it would appear he was twice married, as in 1 320, while making a gift of vestments to the church of Glasgow, he mentions not only his living wife Mary, but his deceased spouse Helen. Walter Fitz Gilbert also received a feu of the lands of Cadzow in Lanarkshire, as narrated in the charter [No. 3 infi'o] by King David II. to Walter’s son, David Fitz Walter. David Fitz Walter was the elder of two sons, as he had a younger brother John who is named with him in several char- ters. Ho is claimed as the ancestor of the Hamilton s of Tnnerwick. David apparently succeeded to his father before 1346, when he was taken prisoner at the battle of Durham, and detained in England for some time. In a mandate to the Archbishop of York for his safe custody he is designated ‘‘David Fitz Wauter fitz Gilbert.” He was again at liberty in 1361, when he founded a chaplainry in Glasgow Cathedral for himself and his wives, but he does not give their names. The charter referred to [No. 3 m/m], granted in 1368, shows that the barony of Cadzow or Hamilton, as it was afterwards called, had suffered greatly from the civil wars aud also from the pestilence which had recently swept over Scotland. We learn from historians that the first great pestilence or black death invaded Scotland, which had hitherto been comparatively free, in 1349, followed by another in 1362. In eon- sequence, probably of the lack of labourers, Cadzow failed to produce the required grain rent, which was therefore remitted. Another charter affecting the rent of Cadzow was granted in 1372 [No. 4 m/m]. David Fitz Walter was present at the coronation of King Robert the Second in 1371, and affixed his seal to the settlement of the crown upon King Robert’s eldest son. The seal is still in good preservation, bearing three cinquefoils and the legend “ Sigill. David Filii Walteri.” In 1375, with consent of the King, David of Hamilton, son of David Fitz Walter, and the first to assume the surname of Hamilton, made an ex- change of certain lands with Sir Robert Erskine [No. 5 m/m]. These lands were part of Erskine, with Barns and Auldlands, part of Inchinnan, in the county of Renfrew. It is not clear how the Hamiltons obtained rights over t^ese lands. Hamilton of Wishaw, writing about 1710, asserts that they were given by Walter the High Steward to Walter son of Gilbert as a godchild’s gift, in the reign of Bruce. This statement does not agree with the dates already given, but it may indicate that Walter Fitz Gilbert first held lands in Renfrew, a probability which is strengthened by his witnessing charters of James the High Steward, there. Little is known regarding David Hamilton, the first of that name. He and his wife Janet, whose surname is said to be Keith, at the desire of King Robert II., gave up for the sake of concord, their rights over the lands of Drumcorse, in the barony of Bathgate, disputed by Sir James Douglas of Dalkeith [No. 6 m/m]. David Hamilton had a younger brother John, who became Sir John Hamilton of Fingaltoiin [Nos. 8 and 58 infra], and was thus the ancestor of that family and its branches. Sir J ohn is usually stated to be the brother of Walter Fitz Gilbert, who was really his grandfather. A 2 MSS. OF THE Duke of Hamilton. 4 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke op Hamilton. David Hamilton was succeeded by his son John Hamilton of Cadzow, knight, who in turn was succeeded by his son James. It would appear [No. 7 infra^ that some arrangements were made for the marriage and guardianship of James Hamilton, about the year 1397, though he is usually said only to have had one wife, Janet Livingstone, whom he married about 1422 [No. 9 infrct\. It is probable, however, she was his second wife. It has been asserted that he was the first Lord Hamilton and that he survived until 1460. But this is a mistake. He was suc- ceeded before 1440 by his eldest son, James, who in that year married Euphemia Graham, sister of Malise Graham, first Earl of Menteith, and widow of Archibald fifth Earl of Douglas [No. 13 infra\ It was this second James Hamilton, lord of Cadzow, who laid the foundation of the fortunes of his family. In 1445, his whole lands were consolidated by King James II. into one lordship, to be called the lord- ship of Hamilton, and he himself was created a Lord of Parliament under the title of Lord Hamilton [No. 12 infi'd]. In 1453, Lord Hamilton received from his brother-in-law, Malise, Earl of Menteith, the lands of Eliestoun, in the county of Linlithgow [No. 13 infra]. As is well known Lord Hamilton was for many years a staunch supporter of the Earls of Douglas, especially of the ninth and last Earl in his endeavours to revenge the murder of his brother William the eighth Earl in Stirling Castle. For these and other services the last Earl of Douglas bestowed on Lord Hamilton the territory of Drumsergarth (now Cambuslang) [Nos. 14, 15 inf?'a]. The Earl’s charter is the latest known to be granted by him, and is dated only a month before King James II. took the field finally against the Douglases. Notwithstanding the favours thus bestowed by Douglas, the defection of Hamilton to the King’s party a month or two later, which turned the scale of victory, is matter of history. Two years afterwards, however, when George Douglas, fourth Earl of Angus, obtained possession of the ancient lordship of Douglas and other lands of the great Earls of Douglas, Lord Hamilton found it convenient to give a bond of manrent to the Earl [No. 59 inf?'a~\. This document, which is dated 23 May 1457^ is one of the earliest bonds of manrent on record. One of 1444 is found in the Gordon Charter Chest, but such writs were by no means common until a later period. King James II. rewarded Hamilton by various grants of land from the forfeited estates of Douglas, including also the office of sheriff' of Lanark [Nos. 16-lS, infra]. But a much larger accession of territory was bestowed by King James III., including part of Bothwell [Nos. 21, 22 infi'a]. Lord Hamilton’s first wife, Euphemia Graham, formerly Countess of Douglas, died before May 1469, leaving only daughters, and five years later he obtained the hand of the Princess Mary, sister of the King, and widow or alleged widow of Thomas Boyd, sometime Earl of Arran [No. 23 infra]. By the Princess Mary, Lord Hamilton had a son James, who succeeded to him on his death in 1479. James, first Lord Hamilton, in his later years, was a considerable benefactor to the church, as shown by [Nos. 99-102 inf7'a~\, to which more special reference will be made later on. James, second lord Hamilton, was in high favour with King James the Fourth. On 27 July 1489, he received from that King the office of the sheriffship of Lanark, by a most formal investiture, narrated in No. 24 infra. In 1503, on the occasion of the King’s marriage with the Princess Margaret of England, Lord Hamilton was made Earl of Arran, and he received a grant of the earldom to himself and his heirs male. The charter narrates not only his services, but also his nearness of blood to the King, he being really in default of the king’s issue, the next heir td the crown [No. 25 infra]. The same fact is stated as one of the HISTORICAL MANUSCRIPTS COMMISSION. 5 reasons for the special legitimation granted to the natural son and brothers of the Earl [No. 27 w/m], who were to succeed to his earldom failing lawful heirs of his own body. This document, which is dated in January 1513, effectually proves that the earl then had no lawful issue, and confutes a statement by no less an authority than Sir Walter Scott, in his notes to “ The Lord of the Isles,” that the descendants of the first Earl of Arran, by his first wife, Elizabeth Home, were set aside from his succession in favour of his children by a later wife, Jane Beaton. The story of the Earl’s marriages is so far told in Nos. 106 and 107 infra, which have been given at length as examples of proceedings in consistorial courts, few records of which have been preserved. He instituted a divorce against his first wife, Elizabeth Home, because her first husband, Thomas Hay of Tester, who was believed to be dead, returned from abroad and claimed her. The Earl afterwards married Janet Beaton, of Easter Wemyss, their banns of marriage being published in November 1516. By her he had two sons, the eldest of whom was afterwards well known as Governor of Scotland during the minority of Queen Mary. The bonds of manrent, Nos. 63 to 70 infra, made in favour of the Earl, are of interest as showing the relations assumed by a great noble towards others of his own rank, and also to those of less importance. In the former case, as in Nos. 63 and 65, the obligation is assumed to be mutual ; in the latter case the lesser baron binds himself wholly to the service of the greater [cf. Nos. 64, 68-70 infra~\. Two of the docu- ments just enumerated have a bearing on the history of the time, and the dispute which so long continued between the Douglases and the Hamiltons for supreme power in Scotland. Among other causes of rivalry was a claim made by the Earl of Angus to have jurisdiction over Jedburgh Forest, which was opposed by Arran, who had been appointed warden of that part of the Scottish border. Ker of Ferniehirst, ap- parently an adherent of Arran, assumed the power of holding courts at Jedburgh claimed by the Earl of Angus as his exclusive right. Both parties mustered their men to enforce their claims, and Sir James Hamilton of Finnart hastened with four hundred Merse men to the aid of Ferniehirst, but was attacked by Ker of Cessford, a partisan of Angus, and being deserted by his men, was defeated and compelled to flee. This, according to Lesley, was in January 1520, and in No. 66 infra we have a sequel which shows that six months later the position of matters was somewhat changed. Ker of Cessford and his friends appear as willing to submit their doings to arbiters, and pending the decision to live peaceably with their opponents. Cessford also bound himself neither to ride nor go with the Earl of Angus. The arbiters met and decided that Cessford and his friends should serve the Earl of Arran,, should take his part against Angus, and make no bonds with any one without Arran’s consent. They were also to support David Hamilton, Bishop of Argyll, in his enjoyment of the abbacy of Dryburgh. It is not clear whether by this agreement Cessford was altogether detached from the party of Angus, but as 6,000/. was the penalty for breaking the contract, it is probable that it was kept for a time. The second document referred to in this connexion is No. 67 infra, which is also illustrative of how the opposing factions alternately gained or lost by the affection or fears of their partisans. In 1519 the faction of Angus was in favour, and his uncle, Archibald Douglas, of Kilspindie, was made Provost of Edinburgh, who afterwards resigned, it is said, in consequence of an edict by Albany the Governor. In April 1520 there took place the broil between the Hamiltons and Douglases, known as MSS. OF THE Duke of Hamilton. 0 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE DHKE of Hamilton. ‘‘ Cleanse the Causeway,” in which the Earl of Angus was supported by the citizens of Edinburgh, and Arran and his friends were driven from the city. In the following January, however, we have the provost and community of the burgh binding themselves to be true partisans of Arran, and to exclude from their town, during his stay there, the Earl of Angus and others his friends and followers. This result was no doubt procured by the influence of the Regent Albany, which was opposed to Angus. The papers. Nos. 71-73, though partly dealing with the time of the second Earl of Arran, refer to an event which took place during the life of his father. This was the death of John, eleventh Earl of Lennox, who for a time shared with the Earls of Angus and Argyll the chief authority, but afterwards withdrew from the coalition. He made a strong eflbrt to recover the person of King James V. from the power of Angus, who sent the Earl of Arran with a strong force to meet the tooops of Lennox. The two armies met near Linlithgow on 4 September 1526, and the Hamiltons w^ere victorious. The King sent a special messenger to secure the safety of the Earl of Lennox, but when he arrived on the field he found Arran weeping over the body of the Earl, who had been slain in cold blood by Hamilton of Finnart. The assassin, such was the influence of party, received the ward of part of his victim’s lands, but matters were four years later arranged by the agree- ment, No. 73 tnjra, in which the son of the slain Earl, for certain concessions, forgives and discharges Hamilton and his friends. Previous to this, in 1 529, the first Earl of Arran died at his place of Kinneil. His will and the inventory of his goods, dated 26 March 1529, are given at length in No. 102 infra. He was succeeded by his son James second Earl, then a minor, for some time under the tutory of Hamilton of Finnart. He is said to have been of a gentle nature, but vacillating in his policy. It was his rank as the ‘‘ second person of the realm,” rather than his commanding talents, which procured his appoint* ment in March 1543 to be tutor of the infant Queen Mary and Governor of Scotland [No. 76 infra']. The numerous bonds of manrent and fealty which were made to him as Governor are enumerated in No. 77 infra. The more remarkable of these are the bond by the Queen Dowager Mary of Guise, in which she binds herself to the Governor’s party, although a few years later, under the infiuence of her French relatives, she strove hard to procure the Regency for herself [No. 77^] ; a bond, signed only by Hew Master of Eglintoun, but evidently meant to be signed by others also [No. 77®], plainly indicating the feeling produced in Scotland by the cruel policy of King Henry VIII., who, in his desire for a union of the two countries by marriage, endeavoured to force Scotland by fire and sword to accede to his ambitious views. The document now reported on has not been noticed by any recent historian, but it indicates that some were favourable to a compromise between a union with England and the French alliance which was pressed upon Scotland. It is some- what remarkable, however, that the proposal of marrying the young Queen Mary to the son of the Regent Ari’an, is signed only by the Master of Eglintoun, who afterwards became the Regent’s son-in-law. The project may have arisen out of private ambition, and circum- stances prevented the development of the plan, although when Queen Mary arrived in Scotland the subject was revived, and the heir of Hamilton appeared among her suitors. Even then, however, the scheme had few supporters, though it is said to have been approved by John Knox. ‘HISTOKIOAL MANUSCRIPTS COMMISSION. 7 Other bonds o£ interest are that signed by the sixth Earl of Angus oe the duke or and his brother Sir George Douglas [No. 77^^], and the somewhat Hamilton. peculiarly worded engagement by the famous Morton, in which he care- fully guards his “conscience” while promising to guard the reformed religion. This document [No. 77^®] is dated only a few months before the meeting of the Parliament which finally established the Eeformation. Difficulties, not conscientious, but of another kind, encountered in balancing between parties at that period, are described in the statement by the Laird of Ormiston (in Eoxburghshire), who excuses himself from answering the summons to give his service by pleading that his utter destruction would follow. He already had an assurance from the English wardens, but if he broke his neutrality or yielded service to Scotland, he was so near the castle of Eoxburgh, then garrisoned by the English, that their vengeance would be swift and his corn and goods would be seized. He ofers to come to the Governor’s allegiance by the first of April, and to quit his residence rather than have intercourse with the English. His fears were not groundless, as Ormiston had been ravaged by Surrey in 1523. This Laird of Ormiston is not to be confounded with the “ Laird of Ormestoun,” against whom, with the Lairds of Salton and Brunstane, the vengeance of the Government was directed in February 1548 [No. 79 infvd\. His name was Cockburn, and his estate of Ormiston is situated in the county of Haddington. ^ He and the others named were prominent as intriguers with the English, and had given up their fortalices, which were all within a short distance from Edinburgh, to be garrisoned by the enemy. The date of the Privy Council order supplies a blank in the now extant records, which are imperfect at that period. The Eegent Arran on 5 February 1548 was created a peer of France, and the Duchy of Chatelherault was conferred upon him and his heirs. This was after the French alliance had been fully accepted by the Scots. From that time not only were the Scots aided by French troops and subsidies, but, as shoAvn by No. 80-82 infra, the Eegent received ample promises to himself of freedom in the exercise of his office and of aid in claiming the crown of Scotland should anything befall the young Queen. Arran’s creation as Duke is stated by Lesley to have been prompted by Mary of Guise Queen-Dowager of Scotland, as an inducement to resign the Eegency in her favour. She did not become Eegent until 1554, but Lesley is probably right, as during the three years previous she brought her whole influence to bear on the nobility and gentlemen of Scotland to gain her point, as she found Arran unwilling to resign. When the Duke yielded his office, which he did after an agreement with Mary of Guise at Stirling [No. 83 infra'] he received ample in- demnifications for all his acts as Governor, both from the Scottish Parliament and the French government [Nos. 85-87 infra]. The Eegency of the Queen Dowager ended in a manner very contrary to the desires and hopes of her French relatives, as it was the dread of the French influence she introduced, which tended latterly to consolidate the Eeforming party in Scotland. This is stated by themselves in the covenant drawn up on 27 April 1560 and signed by 150 of the noblest names in Scotland, including several ecclesiastics [No. 88 infra]. The first clause binds the parties to “ set forward the reformation of religion,” but the second binds them to act with the English Queen to expel the French from the country, that the Scots may be ruled by their own laws. The Duke of Chatelherault lived until the year 1575, but though he took part in public affairs and was a strong supporter of Queen Mary, 8 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OP THE Duke ( H AMILTON, ^ the family papers reveal very little of his history after 1560. He and his family fell under the displeasure of the Government, and he with> one or two of his sons passed to France [Nos. 90, 91 infra\ but he returned in February 1569. According to contemporary record he was abroad when the protest prepared in his name was received so curtly by the Regent Murray [No. 92 mfra]. Of James Earl of Arran, eldest son of the Duke, little appears in these papers, except the proposal already referred to as to his marriage with Queen Mary, and the Commission appointed to offer him as a husband to Qieen Elizabeth [No. 89 iirfra]. In 1562 he was seized with in- curable mental disease, and though he survived until 1609, he was incapacitated from taking part in public affairs. One bond of man- rent to him is recorded, granted in 1553 by the Kers [No. 78 infra]. With the young Earl in this document is conjoined his uncle John Archbishop of St. Andrews, a very prominent and active prelate of his day, whose name, however, appears only casually in these papers as Abbot of Paisley, Bishop of Dunkeld, &c. As regards the last office, one writ now reported on [No. 36], shows that he was still Bishop of Dunkeld on 28 May 1549, though some historians give him archiepiscopal rank previous to that date. He is, however, designated primate on 4*^ July 1549 [No. 37] . The see of St. Andrew’s appears to have remained vacant for three years after the murder of Cardinal Beaton. In consequence of the incapacity of James Earl of Arran, the Duke’s eldest son, the succession to the Hamilton estates devolved upon the second son Lord John Hamilton. He was provided to the rich revenues of the Abbey of Arbroath, but had no very peaceful enjoyment of them, as George Douglas, a natural son of the sixth Earl of Angus, also claimed possession as postulate of the abbey. Hamilton in 1570 enlisted the Ogilvies in his service against Douglas [No. 94^ infra], with a view to expelling him by force. During the Regency of the Earl of Morton, to whom the Hamiitons were obnoxious, their estates were confiscated and Lord John fled into England. His return to Scotland in 1585 and favourable reception by King James VI. are well known. Lord John and his friends were pardoned and their estates restored. He was appointed captain of Dumbarton Castle, and a pension assigned him from the rents of the abbacy of Crossraguel [No. 61 infi'a]. Some years later the King, in consideration of Lord John’s nearness to the throne and his loss of the Duchy of Chatelherault, promised him the lordship of Arbroath, which was afterwards secured to him [No. 62 mfra], and he was also created Marquis of Hamilton, being the first of that rank in Scotland. After his restoration to his estates. Lord John received bonds of manrent from various persons. One of these was from Angus McConneil of Dunyveg, otherwise McDonald of Isla, one of the most turbulent Highland chiefs of his day [No. 94^ infra], whose feuds with Maclean of Dowart gave serious trouble to the Government. He and Maclean were enticed to Edinburgh and treache- rously imprisoned. In January 1591, they were brought to trial and submitted themselves wholly to the King. It was in the following April that Macdonald bound himself to Hamilton [Cf. also No. 94^]. Lord John Hamilton, first Marquis of Hamilton, died in April 1604, and one of his latest acts was to exact from his nephew elames, first Lord Abercorn, a promise of fidelity to the interest of his cousin James afterwards second Marquis of Hamilton. This promise, however, was evidently intended to benefit his elder brother, the unfortunate James Earl of Arran, who still survived, and to provide that no contest should arise as to his guardianship [No. 94® infra]. HISTOKICAL MANUSCRIPTS COMMISSION. 9 James, second Marquis of Hamilton, succeeded his father in 1604, while still a minor. His name does not occur prominently in the papers now reported on. He died somewhat suddenly in March 1625, sur- vived by his wife Lady Anna Cunningham. She is said to have been “ a lady of a firm and masculine character,” a description not belied by her long and clearly worded last will written by herself a year or two before her death in 1647 [No. 118 infra\. Of James the third Marquis, who was created in 1643, Duke of Hamilton and his brother Wiliiam the second Duke, more wdll be said when the correspondence of the family is dealt with. Duke James for a time was in the service of Gustavus Adolphus, King of Sweden, from v/hom he received the Commissions noted in Nos. 96 and 97 infra, and he was also high in favour with King Charles I. [Cf. No 98 infra^. As is well known he entered in 1 648 into what was called ‘‘ the engage- ment ” to raise a force in Scotland on behalf of the King. The Duke’s own feeling in regard to this matter, which ended so unfortunately for himself, is expressed in his will [No. 119 infra'\ written on the eve of his setting out. Duke James and his brother Duke William appear to have been greatly attached to each other. Their respective wills evince this, and Duke William especially in his testament and in his letters to his wife, particularly the one conveying his last wishes and written while he lay wounded and dying, a few days after the battle of Worcester, which was fought on 3rd September 1651 [No. 120 and note]. The remaining papers here reported on which have a direct bearing on the history of the Hamilton family, are chiefly marriage contracts, several of the more important of which are noted [Nos. 109, 111-117, 121 infra'] as showing the alliances of the house. Perhaps the most noteworthy of these is No. 117, which proposes an alliance between the families of Argyll and Hamilton about the year 1641, when the chiefs of these houses were still of similar political opinions. The proposed marriage, which never took place, was probably broken off when Argyll and Hamilton found themselves in opposite parties in the State. A brief reference may now be made to a few points of general or local interest which appear in the papers already noticed or those not directly relating to the Hamiltons. Nos. 11 and 13 remind us of the hardships endured by those noblemen and gentlemen who at one time or other became hostages to England for payment of the ransom of King James the First. William Baillie of Lamington, who grants the writ first referred to, entered England as a hostage in 1432, and ten years later we find him still an exile from his country at Pomfret,” or Pontefract Castle. In 1451 and 1453, a William Baillie appears in the train of the Douglases and Hamiltons, who may have been the same person released, but more probably was his son. A more marked case of hardship was that of Malise Graham, Earl of Menteith, who in 1453 grants a charter [No. 13] to his sister, Euphemia Graham and Lord Hamilton her husband. He had been a hostage in England since 1427, and was only released from his residence there in June 1453 by the influence of his brother-in-law and the ninth Earl of Douglas, and then only on leaving in his stead his eldest son, who died in exile about 1469. It was probably in gratitude for his release that the earl granted the charter now reported on, which he did at the castle of Bothwell then belonging to Douglas. The first notice of what is now Flamilton Palace is found in No. 12, dated 28 June 1445, in which King James II. grants that “ the pre- sent manor, called the “ Orchard,” should be the chief messuage of the MSS. OF THE Duke of Hamilton. 10 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OP THE Duke op Hamilton. new lordship of Hamilton, and in future should be called Hamilton. Although situated in the barony of Cadzow, the ‘‘ Orchard ” was not originally possessed by the Hamiltons. In 1368, a Hugh Saviland, laird of the Orchard ‘‘ terrm de Pomario,” made a donation of wax to the church of Glasgow, a grant to which he affixed the borrowed seal of a Hamilton, David Pitz Walter Lord of Machan.” Nothing further is known of this laird of the orchard, and his property must have been acquired by the Hamiltons later. In 1445, however, it does not appear that any part of the house was built ; and a hundred years later it was only in process of erection, as in 1542 King James V. describes it as the Castle of Hamilton now built or to be built [No. 29]. A few years previous additional ground for the site seems to have been acquired from the Dean of Glasgow, the property granted by him in 1538 to James second Earl of Arran as stated in No. 28, being described by an old indorsation on the writ as parte of ye pallace in Hamilton to my lord Gouernor 1538.” The writ in question shows that then the ‘^pallace” must have been surrounded by the village and bounded on one side by the church of Hamilton with its cemetery. The mention of the church leads to the endowments bestowed upon it by the first Lord Hamilton. The bull of Pope Nicholas Y. in 1450 [No. 99 infra \ narrates the provisions for the erection and endowment of a collegiate church with a provost and six prebendaries. Hamilton of Wishaw about 1710 writes that Lord Hamilton “ built new the parish kirk of -Hamilton, the queere and two cross isles and steeple, all of polished stone.” In 1462 the first Provost George Graham was in- ducted [No. 101 injrci\. According to the bull of 1450, Hamilton and its neighbourhood was then a place of considerable resort, many persons making daily journey by land or water. This was probably because the bridge over the Clyde at Bothw^ell which is said to have existed from a very early date, was then in use and caused a thoroughfare in its neighbourhood. Lord Hamilton also turned his attention to a wilder and more outlying portion of his territory. In 1463, as indicated by No. 21 infra, he received from King James III. 140 acres of moorland with other lands which lay in what was called the Forest of Both- well. These had belonged to the Earls of Douglas [Cf. Nos. 19, 20], and were part of the jointure of Hamilton’s wife as Countess of Douglas, but were now granted to Hamilton himself. The lands were part of the modern parish of Shotts, then called Bertram Shotts, which until a comparatively recent period presented the infertile and bleak appearance described in No. 102. On account of its distance from the parish church of Bothwell, the cold climate and waste character, the inhabitants were few and often in want of ordinances, which Lord Hamilton proposed to remedy by endowing a chapel there, with an hospital for poor persons, a measure which was sanctioned by Pope Sixtus lY. in 1476. It is interesting to note the description of the parish at that date when we consider that under the inhospitable soil lay concealed a wealth of minerals which when discovered in modern times have given rise to extensive industries. Of considerable local interest also is the fact that the endowment was to consist of land reclaimed from the sea. This was at Kinneil, an estate which included the modern town of Borrowstouness or Bo’ness, and which was bestowed on Walter Fitz Gilbert by King Pobert I. The work of reclamation was perhaps begun by Lord Hamilton as it was in progress in 1474, when he and his second wife the Princess Mary had a charter of the barony of Kinneil, including the lands HISTORICAL MANUSCRIPTS COMMISSION. 11 reclaimed and to be reclaimed from the sea. The portion thus gained had never paid tithes, and Avas now devoted to the chapel of Shotts. What was the extent of the land reclaimed is not stated, but a statistical writer in 1843 remarks that a great part of Kinneil carse has evidently been reclaimed ’’ from the Firth of Forth. By another writer the carse land is estimated at 4o0 acres, and in 1774 it is said an embankment IJ mile in length was made westward from Bo’ness along the north side of the carse, with the view not of gaining but of saving ground from the sea, which then was apparently encroaching. Of charters now reported on, not directly relating to the Hamiltons, Nos. 31-37 refer to the family of Stewart of Bute. The writs in them- selves call for no special remark, but may be interesting on account of the many local surnames referred to. James Stewart, who held the office of sheriff of Bute for several years from 1541 to 1551, though holding a high position, Avas unable to write, and when he Avith his father and seven brothers granted a bond of manrent to the Earl of Arran in 1535, it would appear that only one of the nine could sign his name [Nos. 37, 74]. A series of writs relating to the family of Dalziel or Dalyell of Bracanrig, a branch of the Balyells of Dalyell, will be found in Nos. 38-57 iirfra. The ancestor of this branch of the Dal};ells was Bobert (third) son of Sir John Dalyell of that ilk, who succeeded his father in the lands of Bracanrig in Lanarkshire in 1437 [Cf. Nos. 38 and 39]. The charters are interesting chietly from the fact that most of them are, contrary to general usage, written in the Scotch A^ernacular. Numerous surnames of neighbouring lairds and others may be of use to the local antiquary. The writs are dated betAveen 1400 and 1525, and contain charters of the Daly ells, their overlords the Flemings, Earls of Wigtown, and the Stewarts Lords of Darnley and Earls of Lennox, with references to the Campbells of Loudoun in Ayrshire, and others concerned. A point of some interest to heralds will be found in the seals of the Dalyells attached to these Avrits. The bearing shows only a human figure, naked, with the dexter arm extended and the sinister hanging down. Sir Eobert Douglas in his peerage, published in 1764, tells a fabulous story of the origin of the family, and adds that they assumed the word Dalzell for their sirname, and that remarkable bearing of a man hanging on a gallows for their arms though they now bear only a naked man, proper.’’ But these seals show that the naked man, proper, was in use from an early date, and that the ^‘bearing of a man hanging on a gallows ” was a more modern usage. The papers now reported ha\^e already been referred to in a brief Eeport made to the Commissioners by the late Dr. John Stuart in 1869, and printed in the Appendix to their first Eeport, pp. 112-114. Dr. Stuart, however, entered into no details of the papers, and merely gave a short resume of them from the printed catalogue before men- tioned. Dr. Stuart also takes little or no notice of the charters and similar writs from which the present Eeport is compiled. Fie suggests that the Avrits and historical papers should be fully calendared, and the present Eeport is an attempt to carry out that suggestion, Avhile as already stated, the extensive correspondence Aviil form the subject of future consideration. For the sake of convenience, the papers now reported on have been divided as follows: — Division I. — Charters : § 1. Older Charters of the Barony of Hamilton and Earldom of Arran, 1315-1542. MSS. or THE Duke or Hamilton. 12 HISTORICAL MANUSCRIPTS COMMISSION. § 2. Charters of Knightslands and other lands in Arran acquired from the Stewarts of Bute, 1356-1549. § 3. Charters relating to the family of Dalyell, of Bracanrig, Lanarkshire, 1400-1525. § 4. Miscellaneous Charters and similar Writs, 1395-1598. Division II. — Writs of a historical character other than correspondence: § 1. Bonds of manrent in favour of James, first Earl of Arran, 1503-1528. § 2. Papers relating to James, second Earl of Arran, Governor of Scotland, 8cc., 1527-1569, § 3. Papers relating to Lord John Hamilton, first Marquis of Hamilton, 1570-1604. § 4. Papers relating to James, second Marquis of Hamilton, 1607, &c. § 5. Papers relating to James, third Marquis and first Duke of Hamilton, and his brother William, second Duke, 1629- [1651]. § 6. Miscellaneous writs consisting of (1) Papers relating to the Collegiate Church of Hamilton, &c., 1450-1552; (2) Mar- riage contracts, testamentary documents, &c., 1504-1737. Division I. — Charters. § 1. Older Charters of the Barony of Hamilton and Earldom of Arran, 1315-1542. 1. Robertus Dei gracia Rex Scottorum omnibus probis hominibus tocius terre sue salutem. Sciatis nos dedisse, concessisse et hac presenti carta nostra confirmasse Waltero filio Gilbert!, dilecto et fideli nostro, pro homagio et seruicio suo, totum tenementum de Machane quod fuit quondam Johannis Comyn cum pertinenciis in valle de Clude : Tenen- dum et habendum dicto Waltero et heredibus suis inter ipsum et Mariam de Gordoune sponsam suam legitime procreatis, efc ipsis heredibus deficientibus heredibus eiusdem Walteri de vxore sua priore legitime genitis, de nobis et heredibus nostris, in feodo et hereditate, per omnes rectas metas et diuisas suas, adeo libere, quiete, plenarie et honorifice cum omnibus libere tenentibus dicti tenementi, et cum omnibus aliis libertatibus, commoditatibus, aisiamentis et iustis pertinenciis suis, sicut dictus quondam Johannes Comyn predictum tenementum cum pertin- enciis aliquo tempore tenuit seu possedit : Faciendo nobis et heredibus nostris dictus Walterus et heredes sui predicti seruicium inde debitum et consuetum tempore bone memorie doinini Alexandri Regis Scocie predecessoris nostri vltimi defuncti. In cuius rei testimonium presenti carte nostre sigillum nostrum precepimus apponi : Testibus Edwardo de Bruys Comite de Carrik et domino Galwidie fratre nostro, Thoma Ranulphi Comite Morauie nepote nostro, Bernardo Abbate de Abir- brothoc cancellario nostro, Waltero Senescallo Scocie, Johanne de Meneteth, Jacobo domino de Doglas et Jacobo de Lindesay, militibus ; apud Dunbretan, tertio die Martii anno regni nostri nono [1314-5], 2. Robertus Dei gracia Rex Scottorum omnibus probis hominibus tocius terre sue salutem : Sciatis nos dedisse, concessisse et hac presenti carta nostra confirmasse Waltero filio Gilbert! militi, dilecto et fideli nostro, pro fideli seruicio suo nobis inpenso, et Marie spouse sue, totam Baroniam de Kenel in vicecomitatu de Edenburg, vna cum terris de MSS. or THE Duke of Hamilton. HISTOKICAL MANUSCRIPTS COMMISSION. 13 Lethberd et de Aldcathi ad eandem baroniam pertinentibus : Ten en dam MSS. et habendam eidein Waltero et Marie sponse sue predicte, et heredibiis suis de corporibus suis legittime procreatis, in feodo et hereditate, per omnes rectas metas et diuisas suas cum seruiciis liberetenentium, bondis, bondagiis, natiuis et eorum sequelis, et cum omnimodis aliis libertatibus. commoditatibus, aisiamentis et iustis pertinenciis suis, in omnibus et per omnia, tarn non nominatis quam nominatis, adeo libere, quiete, pleiie, pacifice et lionorifice, sicut quondam Herbertus Camerarius dominus eiusdem baronie et successores sui eandem baroniam liberius, quiecius, plenius aut honorincencius aliquo tempore do quondam domino Dauid Kege Scocie et beredibus suis, predecessoribus nostris, in omnibus tenuerunt seu tenere potuerunt : Faciendoinde nobis et beredibus nostris predictus Walterus et Maria sponsa sua antedicta, seruicia debita et consueta. In cuius rei testimonium presenti carte nostre sigillum nostrum precepimus apponi : Testibus, Bernardo Abbate de Abirbrotboc cancellario nostro, Waltero Senescallo Scocie, Jacobo domino de Duglas, Gilberto de Haia coustabulario nostro et Roberto de Ketb marescallo nostro, militibus ; apud Sconam vicesimo octauo die Julii anno regni nostri octauo decimo [1323]. 3. Charter by King David the Second narrating a charter made by bis father (King Robert Bruce), to the deceased Walter Fitz- Gilbert (filio Gilbert!), knight, father of David Fitz-Walter, knight, of the barony of Cadzow, with pertinents, in the sheriffdom of Lanark, for an annual payment of 80Z. sterling, with twenty-two chalders of wheat, and six chalders of barley ; further narrating that the King, while holding a council at Perth on 9th December having been informed that the barony had been so diminished and destroyed by wars and by various pestilences that it cannot yield so much money and grain yearly, with consent of the council confirms to the grantee the barony of Cadzow, and grants in addition the tenantry of Edalwood with service of the tenant of the same, and an annual rent of four merks due therefrom ; to be held of the Crown by David Fitz-Walter, and his heirs for a yearly payment of 80/. sterling at Ruthglen at the feast of the dedica- tion of the Church of Glasgow, to wit, the Fair day thereof (7 July), and at the feast of the purification of the Virgin Mary (2nd February). The King further remits the payment in grain, and also grants that should the rents of the barony not suffice for the payment of the 80/. sterling annually, a just abatement should be made by the then chamberlain of the kingdom. Granting also that when any new heir took sasine of the barony, he should not be bound to pay duplication of the feu-duty, but that in the year of his entry he should pay to the King and his successors, in name of duplication ten merks sterling or one palfrey of that price, for all other service. Given under the great seal in duplicate, at Lundoris (Lindores) 27th December, the 39th year of the king’s reign [1368]. Witnesses, William, Bishop of St. Andrews, Patrick, Bishop of Brechin, Chancellor, Robert, Steward of Scotland, Earl of Strathern, the king’s nephew, William, Earl of Douglas, Robert de Erskyne, William de Keth, marischal of Scotland, Walter de Lesley, and Alexander de Lyndesay, knights. 4. Charter by King Robert the Second granting to Sir Robert de Erskyne, knight, twenty pounds sterling of the annual rent paid by the barony of Cadzow in the sheriffdom of Lanark in exchange for the lands of Bondingtou and an annual rent of four merks due from the lands of Westhall in the barony of Rathev (Ratho) in the sherifidom of Edinburgh ; granting also of the king’s own pleasure and free gift ten merks sterling in complement of the 40 merks to be uplifted annually 14 HISTORICAL MANUSCRIPTS COMMISSION. MSS. from the annual rent due from the barony of Cadzow. To be held in fee and heritage, and uplifted yearly by Sir Robert Erskyne at the — same terms at which the feu of the barony of Cadzow was payable ; with an injunction to the Chamberlain of Scotland for the time and all others interested, to pay the sum of forty merks at the specified terms^ Given under the Great Seal at Linlithgow a. r. 2nd [1372] 4th Nov- ember. Witnesses, William and Patrick, Bishops of St. Andrews and Brechin, John, Earl of Carrick, eldest son of the king, and Steward of Scotland, Robert, Earl of Fife and Menteith, also son of the king, William Earl of Douglas, John of Carrick, Chancellor of Scotland, James of Lyndesay, nephew of the king, and Hugh of Eglinton, the king’s brother in law, knights. 5. Charter by King Robert the second, narrating the preceding grant of 40 merks made by himself to Sir Robert Erskyne, which grant Sir Robert now in the king’s presence voluntarily resigned for an exchange to be made with David de Hamylton, son and heir of David Fitz- Walter (filio Walteri), knight, of the annual rent of 40 merks for the lands of Cloneschynach in the holding of Erskyne with the lands of Bernys and of Auldlands in the holding of Inchenane in the barony of Renfrew within the sheriffdom of Lanark. The king therefore in terms of the resignation grants to David de Hamiltoun the forty merks of annual rent to be held by .him and his heirs in fee and heritage, etc. Given under the great seal at Scone, 11th November a.r. 5th [1375]. Witnesses, identical with those in the preceding writ, Alexander de Lyndesay, knight, taking the place of Sir Hugh Eglinton, and Patrick, Bishop of Brechin, being absent, 6. Tjetters Patent by King Robert the Second, making known, for the sake of bearing witness to the truth, of burying discords and preserving concord, that his beloved and faithful David de Hamilton for himself and Johanneta his spouse, and their heirs, had resigned all claim he had through his spouse in or to the lands of Drumcors in the barony of Bathgate, constabulary of Linlithgow and sheriffdom of Edinburgh, in favour of James de Douglas of Dalkeith, knight, the lands having descended to Sir J ames by hereditary right through the decease of the late William of Douglas of Kingcavill his uncle, who held the lands by charter and sasine from the king when he was Steward of Scotland. The king further makes known that in return for this resignation he grants to David de Hamilton, sixteen marks sterling to be uplifted yearly from the annual rent due to the Crown from the barony of Cadzow in the sheriffdom of Lanark. Given under the great seal at Scone, 24th October a.r. 8th [1378]. Witnesses, John, Earl of Carrick, etc., Robert, Earl of Fife and Menteith, James de Lyndesay, Alexander de Lyndesay, Robert de Erskyne, knights ; John Lyoune, Chamberlain of Scotland, and many others of the King’s council who witnessed both the resigna- tion and the grant. 7. Charter by King Robert the Third, granting to J ames de Hamilton, son and heir of John de Hamylton of Cadzow, knight, the whole lands ofKeneland annual rents within the sheriffdom of Edinburgh which had belonged to John Hamilton and were resigned by him in the King’s hands at Dumbarton, on 25 July 1397 ; to be held by the King and his successors in fee and heritage for ever, to the said James his heirs and assignees ; rendering therefor annually the services due and wont ; reserving, however, to John Hamilton and David Fleming all conven- tions, agreements and contracts between them in accordance with certain indentures entered into betwixt them respecting the marriage of HISTORICAL MANUSCRIPTS COMMISSION. 15 James Hamilton and the tutoiy and custody of himself and his lands MSS. until he shall arrive at lawful age, these indentures having been con- firmed by the King under his great seal. Given under the great seal — at Fylawston, 28th July, a.r. 8th [1397]. Witnesses, Walter and Gil- bert, Bishops of St. Andrews and Aberdeen, David, Earl of Garrick, eldest son of the King; Robert, Earl of Fife and Menteith, the King’s brother, Archibald, Earl of Douglas, Lord of Galloway, James of Douglas, Lord of Dalkeith, and Thomas of Erskine, knights. 8. Charter by John de Hamilton, Lord of Cadzow, granting to Adam Forester, of Corstorfyne, the whole lands of Bawdriston in the constabu- lary of Linlithgow and sheriffdom of Edinburgh, which lands had belonged to Adam and were resigned by him ; to be held to Adam and his heirs and assignees in fee and heritage of the granter and his heirs ; rendering therefor one suit of court in the gi'anter’s court of Kynnell to be held next after the feast of St. Michael the Archangel in each year, also paying one silver penny at Bawdriston on Pentecost in each year if asked, in name of blench. Dated at Maneristoun, 21 May 1395. Witnesses, John de Hamylton, Lord of Fyngaltoun, the grantor’s uncle, George of Preston, knights, John of Hamilton, the grantor’s brother. Sir Alexander Lyoune, and John Tripnay.’ 9. Charter by Alexander of Levinstoun (Livingstone), Lord of Kalen- der, granting to James of Hamilton, Lord of Cadoch (Cadzow), and to his spouse Janet of Levynstoun, the grantor’s daughter, and to the survivor of them, the lands of Schawys in the barony of Mawchau and sheriffdom of Lanark; to be held to the grantees and the lawful heirs born and to be born of their bodies, in fee and heritage and free mar- riage for ever, and failing such heirs, the lands are to revert to the granter. With clause of warrandice. Dated at Edinburgh, 20 October 1422. Witnesses, Thomas de Lewis, John de Levingston de Kalendar, Thomas de Hamylton, Thomas of Cranstoun, and William of Liberton, squires. Seal attached. 10. Charter of King James the First, granting to James of Hamilton, son and apparent heir of James Hamilton of Cadzow, the lands of Dalserf in the barony of Machane and sheriffdom of Lanark, belonging to the King by reason of escheat, because James Hamilton of Cadzow, had conferred the lands on David of Hamilton, his brother, by charter and sasine without the consent of the King, or of the Regent in the King’s absence, or any confirmation ; to be held to James Hamilton, younger, and his heirs of the King and his heirs in fee and heritage, as freely as his father held them. Rendering therefor the services due and wont. Witnesses, Master John of Cameroun, provost of the college kirk of Lyncluden, keeper of the privy seal, John Forster, chamberlain, Walter of Ogilvy, treasurer, and Robert of Lauder, justiciar of Scot- land. Given under the great seal at Edinburgh, 18 April 1426. Transumed under the great seal of King James the Second, but tran- sumpt not dated. 11. Letters patent by William Baize, lord of Lammyntown, knight, appointing John of Hamilton, brother of Sir James of Hamilton, knight lord of Cadzow, and Arthur of Hamilton, son of Andrew Hamilton, as lawful procurators to resign his lands of Udistown lying in the barony of Cadzow and sheriffdom of Lanark, into the hands of the superior, the said lord of Cadzow. Dated at “Pomfrate” 13 August 1442. Seal attached. [There is also a Resignation of same date.] 12. Charter under the great seal, by King James the Second, with advice of Parliament held at Edinburgh 28th June 1445, granting to 16 HISTOEICAL MANUSCRIPTS COMMISSION. MSS. James, lord of Hamylton, knight, the lands of the baronies of Cadyhow ^^hSilton Mawchane, and the superiority of the lands of Hamylton-ferm and — * Corsbaskat, in the sheriffdom of Lanark and the barony of Kynneil in the sheriffdom of Linlithgow, aU which lands and baronies had been resigned by Hamilton, and were now erected by tl ' king into one entire and free lordship to be called the lordship of Hamilton, the present manor, called “ the Orchard,” in the barony of Oadzou to be the chief messuage of the lordship and in future to be called Hamilton. The king also creates the said James Hamilton a hereditary Lord of Parliament. The lands and baronies to be held to Hamilton and his heirs in fee and heritage, etc., for the services due and wont, and reserving those services which were paid by the several lands, baronies, and superiority before the resignation was made. Dated at Edinburgh, 3 July 1445. Witnesses John, James, John, John and Michael, Bishops of Grlasgow, Dunkeld, Moray, Brechin, and Dunblane ; William, David, Archibald, Hugh, and Alexander, Earls of Douglas, Crawford, Moray, Ormond, and Huntly ; Duncan, Patrick, William, Herbert, and Alexander, of Campbell, Graham, Somerville, Maxwell, and Montgomerie, lords of Parliament; John of Dalrymple, John of Scrogis, and James of Parkle, commissioners of the burghs of Edinburgh, Aberdeen, and I/inlithgow, Messrs. William Turnbull, keeper of the Privy Seal, John of Scheues, clerk of the rolls and register, and John of Railston, the King’s Secretary. [This Charter is recorded in the proceedings of the Scottish Parliament, and will be found printed at length in the Acts of the Parliaments of Scotland, vol. ii. p. 59.] 13. Charter by Malise (Graham), Earl of Menteith, and Lord of Kinpunt, granting to his kinsman, James Lord Hamilton, knight, and Eufamia his spouse, sister of Earl Malise (and widow of Archibald, fifth Earl of Douglas), for service and aid done to the gi’anter, the lands of Elastoune, lying in the lordship of Kinpunt, constabulary of Linlithgow, and sheriffdom of Edinburgh. To be held to James and Eufamia, the survivor of them and the lawful heirs male of their bodies, whom failing to the lawful and nearest heirs of James or his assignees, of the granter and his heirs in fee and heritage for payment of a penny Scots in name of blench-farm yearly, if asked only. With clause of warrandice. Dated at the castle of Both well 17th December 1453. Witnesses Robert Grahame of Inchemachlyn, Mr. William Bane, notary public. Sir Patrick Grahame, Sir George Grahame, Sir Thomas Smyth, priests, Walter Grahame, Patrick Weddale. squires, and Andrew Carryg. 14. Instrument of sasine following upon and narrating a precept by James, (ninth) Earl of Douglas and Avondale, and Lord of Galloway, directed to Thomas of Graham, bailie of the whole barony of Drumsargart, for infefting James Lord Hamilton in the lands of Drumsargart in the sheriffdom of Lanark, according to a charter by the Earl. Precept given under the Earl’s seal at the Thrieve 1st November 1452. Sasine given in usual form to Lord Hamilton personally at the old castle or principal messuage of the lands and barony of Drumsargart, 8th Novem- ber 1452, in presence, of Thomas of Graham, bailie, Thomas of Symon- ton, constable of Bothwell castle, Robert Graham of Cesfurde, Patrick of Cleland, squires, Sirs George Vicars, rector of Dolfynton, Patrick of Graham, John of Murreff, John of Knokkis, rector of Buthirnok, James Clerk, Robert Graham, prebendaries of the college of Bothwell, and Thomas Smith, priests, Patrick Wedal, William Rais, parochial clerk of Bothwell, and John Anderson, sergeant of the barony of Bothwell. HISTORICAL MANUSCRIPTS COMMISSION. 17 15. Charter by James, (ninth) Earl of Douglas and Avondale, and Lord of Galloway, granting to James Lord Hamilton, for homage and service done and to be done to the Earl, the lands of the barony of Drumsergarth, lying in the sheriffdom of Lanark, of which barony Lord Hamilton posse Jed a 20/. land which he had resigned in the EarPs hands ; to be held the whole lands of said barony with the advowson of the prebendal church of Cambuslang, and of the hospital of St. Leonard, to Lord Hamilton and his heirs, from the Earl of Douglas and his heirs, Earls of Douglas and Lords of Lauderdale, in fee and heritage for ever, etc., and as freely as the late Maurice of Moray, knight, lord of the barony of Drumsergarth, or others, the granter’s predecessors, held the lands ; rendering therefor, annually, if asked, at the feast of the nativity of John the Baptist, and at the chief messuage of the lands, a white rose, in name of blench-farm. Dated at Peebles, 9th February 1454-5. John of Douglas, lord of Balvany, brother german of the Earl, Andrew Ker of Aldtouneburn, William Baize of Hopryk, Walter Twedy, son and apparent heir of James Twedy of Drumelzier, George Ker of Samelstone, and Mark Halyburton, Steward of Kirkcudbright, squires. Signed James Erl Dowglas.” Seal attached, in good preservation, though partly broken. 16. Charter by King James the Second, granting to James Lord Hamilton and his spouse, Euphamia, Countess of Douglas, otherwise spouse of the deceased Archibald (fifth) Earl of Douglas and Lord of Lauderdale, for faithful service done and to be done, the lands of the baronies of Drumsergart and Cormannok, lying in the sheriffdom of Lanark, which lands were in the King’s hands by reason of the forfeiture of James, formerly Earl of Douglas and Lord of Lauderdale. The lands to be held to Lord Hamilton, his spouse, and the survivor of them, and the lawful heirs male of their bodies, whom failing, to the lawful heirs whomsoever of Lord Hamilton, of the King and his successors, for services due and wont. Given under the great seal at Edinburgh, 1st July 1455. 17. Letters Patent by King James the Second, appointing James Lord Hamilton to the office of Sheriff of Lanark, with full powers and the usual emoluments. Given under the great seal at Edinburgh, 1st July 1455. 18. Charter by King James the Second, granting to James, Lord Hamilton for his services the lands of Finnarde in the sheriffdom of Penfrew, forfeited by James, formerly Earl of Douglas, etc. To be held for rendering three suits of court at the three chief pleas of the court of Renfrew, and other services due and wont. Given under the privy seal, which is still attached in good preservation, at Stirling, 6th August 1457. 19. Charter by Archibald, (fifth) Earl of Douglas, Lord of Galloway and Annandale, and of the barony of Both well, granting to Alice of Craufurde, daughter of the late Robert of Craufurde, and her spouse John Swyft, burgess of Edinburgh, the whole lands of Wester Moffat with pertinents, and the lands of Donsystoun, lying in the barony of Bothwell and sheriffdom of Lanark, in which lands the late Robert Craufurd, father of Alice, died last vest and seised, the lands being in the EarPs hands by recogniiion in default of the suit of the true heir ; To be held the said lands to Alice and John and the survivor of them and the heirs between them lawfully born or to be born, whom failing, to the true heirs whomsoever of Alice, of the Earl and his heirs in fee and heritage ; Rendering yearly one silver penny at the feast of U 24964. B MSS. OP THE Duke op Hamilton. 18 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. St. John Baptist on the soil of Wester Moffat in name of blench farm, if asked. Given under the Earls seal at Bothwell 1 1th January 1432-3. Witnesses James Douglas of Balvany, the Earl’s uncle, Sir William Crichton, of that ilk, knight, Mr. William of Foulis, provost of Bothwell^ David de Moravia, Thomas Symontoun, and William ofLiberton, burgess of Edinburgh. The Earl’s seal is appended in good condition. [This charter was confirmed by King James the First under the great seal at Edinburgh 30th January 1432-3. Witnesses John Forestar of Corstorfin, knight, the king’s chamberlain, Mr. Walter Stewart, dean of Moray, treasurer, Mr. William Foulis, provost of the collegiate church of Bothwell, privy seal, Walter Ogilvy of Lunterthin, knight, and Mr. Richard Crag, the king’s clerk.] 20. Charter by Thomas Swyft, burgess of the burgh of Edinburgh ^ alienating to James Lord Hamilton his whole lands of W ester Moffat and Doynsiston in the barony of Bothwell and sheriffdom of Lanark^ for the sum of three hundred pounds Scots ; To be held by Lord Hamilton and his heirs from the granter and his heirs of the Lord of Bothwell in fee and heritage ; Rendering yearly to the lord of Both- well and his successors, one silver penny, etc. as in the previous writ. Dated at Wester Moffat ; Witnesses Gawin Hamilton, Provost of Ecth- well, and George Graham, provost of Hamilton collegiate church. Mathew Stewart of Castilton, William Cleland of that ilk, Mr. William Bane, William Stenston of that ilk, Richard Hamilton, and Walter Hamilton. [No year given, c. 1462.] 21. Charter by King James the Third, grantingto James Lord Hamilton the lands of Nether Breko, Upper Breko, lands of the east end of Moffat hills, extending yearly to nine merks, also the lands of Coldoune and Byrnt house, called the Forest, extending annually to ten pounds, and one hundred and forty acres of land of moorland, lying between the lands of Kirklee, Gervastoune and Carnfyn, which acres extend yearly to four pounds Scots, lying in the barony of Bothwell and sheriffdom of Lanark, in compensation to Lord Hamilton for his lands of Gledstanys and Auld- town of Machan given by Hamilton to Herbert of Johnstone for Herbert’s lands of Moskeswra, Nedirdriffe, and Medokholme also granted by Herbert to William the Graharae ; which lands of Nethirbreko and others belonged to Eufamia, Countess of Douglas, in conjunct fee for her life, to fall to the Crown after her decease, and were formally resigned by her, with all her claims thereto. The king further grants that Nethirbreko should be the principal messuage of the whole lands ; To be held the said lauds of Nethirbreko, LTpperbreko, east end of Moffat hills, Coldown, and Brynthouse in fee and heritage, and the one hundred and forty acres of moorland in feu farm to Lord Hamilton and his heirs in tail of the old charter of Hamilton, of the king and his successors ; Rendering for Nethirbreko, etc. the services due and wont, and for each of the 140 acres six pennies yearly in name of feu farm. Given under the great seal at Edinburgh, 15 May 1463. [This charter was followed by sasine in due form on 23 May 1463, sasine being given by Sir Robert Hamilton of Preston, knight, sheriff depute of Lanark- shire, under a royal precept (dated 16th May), the life rent of the lands, except Netlierbreko, being reserved to the Countess of Douglas, spouse of Lord Hamilton. Witnesses to sasine, William Cleland of that ilk, William of Stenston of that ilk, Alexander Hamilton of Preston, James Inglis, John of Murehede, James Ochstone, Robert Thomson, John Hamilton of Torrens, James Scougale, John Androson and Robert Smyth.] HISTOEIOAL MANUSCRIPTS COMMISSION, 19 22. Charter by King James the Third, granting to James Lord Hamilton forty merks of land within the lordship of Bothwell, namely, the lands of Easter Barmukkis, Wester Barmukkis, the lands of Mure- hed, of Herst, of Fortesset, Stereschaw, of Gudokhills, of Dimteling, of Wester Brekauch, of Swynsty, and of Gartnes, with the common wood of Parkschaws, three acres of the same, the Parkhill,with the meadow and haugh of Bothwell, lying in the sheriffdom of Lanark, in exchange for the whole lands of Kirkandris, in the stewartry of Kirkcudbright resigned by Lord Hamilton in the king’s hands, and conferred upon William Lord Monypenny ; which forty merks land the king annexes to and incorporates with the barony of Hamilton ; to be held to James Lord Hamilton and his heirs of the king and his heirs and successors in free barony and ia fee and heritage for ever ; rendering the services due and wont. Given under the great seal at Edinburgh, 26 February 1471-2, [Sasine of the lands named, given on 4th March 1471-2, by Patrick of Veddalle, sheriff in that part, in presence of Sir Patrick Skowgall, knight of the order of St. John of Torphychane, George Dowglas, Andrew Hamilton, Mr. Andrew Menteith, priest, Andrew Jak and Walter Leis, as witnesses.] 23. Charter by King James the Third, confirming to James Lord Hamilton and his spouse, Mary Stewart, the king’s sister, the lands of the barony of Kynneil and the castle of Kynneil, called Craglyown, and the lands reclaimed and to be reclaimed from the sea by Lord Hamilton and his heirs, witl\ five saltpans already constructed and others to be built ; with horse parks, woods, &c. of Kinneil in the sheriffdom of Linlithgow ; also the lands of Drumsargart and barony of Cormanock, in the sheriffdom of Lanark and the advowsons of the churches of Cambuslang, Cormanock, and Auldcathy ; all resigned by Lord Hamilton and incorporated in the barony of Hamilton ; To be held to Lord Hamilton and his spouse, and the survivor in conjunct fee, and to the heirs male of their bodies, whom failing, to the heirs male 0 fthe body of Lord Hamilton, whom failing, to the heirs contained in a charter of entail granted to Hamilton by the king’s father. Eeudering one silver penny yearly in name of blench farm; two saltpans in Kin- neil being reserved from the conjunct fee to the heir of Lord Hamilton to supply salt to his household. With special provision for the daughters of the marriage. Given under the great seal at Edinburgh, 12 July 1474. [Printed in Eegistrum Magni Sigilli, Vol. II., No. 1177.] 24. Instrument of Sasine, narrating that on the date hereof, in pre- sence of King James the Fourth, the notary and witnesses, James Lord Hamilton appeared holding in his hands a letter of inquest or retour of the royal chancery, made at Lanark before John Symonton, sheriff depute of Archibald Earl of Angus, sheriff* of Lanark, on Monday, 27th July 1489, which letter Hamilton presented with all due reverence, and immediately petitioned for sasine and possession of the office of the sheriffship of Lanark; whereupon the king taking the retour in his hands, and considering that it was correct and lawfully made, he by the wand (per virgam) which he held in his royal hand, delivered sasine and possession, and for ever assigned to Lord Hamilton and his heirs the office of sheriffship of Lanark with all profits and emolu- ments, as freely as the late James Lord Hamilton, father of the petitioner, possessed the office. Lord Hamilton taking the oath to the king of faithful administration. These things were done in the city of Glasgow on 1st August 1489, in the place of Eobert (Blacader), “ by the grace of God and of the Apostolic See,” bishop of Glasgow, in presence of the bishop, with John Prior of St. Andrews, Alexander Hume, heir B 2 MSS. OF THE Duke ob Hamiltoh. 20 HISTORICAL MANUSCRIPTS COMMISSION. MSS. CF THE Duke of Hamilton. apparent of Lord Hume, Mr. Archibald Quhytlaw, secretary of the king, Patrick Blacader, Baldred Blacader, Thomas Stewart of Mynto, John Tyry of Halls, and John Tyry, witnesses. John Thornton, priest of Glasgow diocese, notary. 25. Charter by King James the Fourth, granting to James Lord Hamilton, because of his nearness of blood, his services, and especially his labours and expenses at the time of the royal marriage in Holyrood, and with consent of his Council and the estates of Parliament, the whole lands and earldom of Arran, lying in tlie sheriffdom of Bute ; to be held the said whole lands and earldom to James Lord Hamilton and his heirs-male of his body lawfully born or to be born, whom failing, to revert to the King and his successors, of the King and his successors in fee, heritage, and free barony for ever : Rendering one silver penny yearly at the principal messuage of the earldom, witli clause of warran- dice. Given under the great seal at Edinburgh, 11 August 1503. 26. Charter by King James the Fifth, granting to James Earl of Arran, etc., the whole lands and lordship of Bothwell, with castle, mills, etc. in the sheriffdom of Lanark, forfeited by Archibald (sixth) Earl of Angus. To be held in fee and heritage and free lordship, for services due and wont. Given under the great seal at Edinburgh, 16th November 1528. 27. Letters of Legitimation by King James the Fourth, setting forth that the King knew that James Earl of Arran had no heirs lawfully born of his body to succeed him in his heritage, and considering the Earl’s nearness of blood to the King, the latter being desirous of the preservation of his blood in the family of the Earl, who belonged to an ancient and honourable house, and having granted the Earl a new infeft- ment of his lands, etc., to be held to him and his heirs male, whom failing to his natural son and brothers, the King grants to James Hamilton of Finnart, Knight, natural son of the Earl of Arran, Patrick Hamilton of Kyncavil, Knight, and John Hamilton of Broomhill, natural brothers of the Earl of Arran, and to each of them, that whether they be sick or well, or at the time of their decease, they shall be able freely to dispose of all their lands and possessions, notwithstanding their bastardy, etc. ; the King also of his royal power and free will legitimates the said James, Patrick and John, each in their proper order and place as they are named in the charter of entail, to succeed to the Earl in all his lands, etc. Given under the great seal at Edinburgh, 20 January 1512-13. 28. Precept by Mr. George Lokert, Professor of Theology and Dean of the Metropolitan church of Glasgow, narrating that the Dean had granted in feufarm to James Earl of Arran a tiled house (domum tegula- tam), a yard, and three roods of land adjoining, which had belonged to the late Mr. David Hamilton, rector of Carstairs, held by him of the late Mr. Richard Murehede, as Dean of Glasgow, lying in the town of Hamilton, between the common street on the south, the entrance of the cemetery of the church of Hamilton on the east, and the lands or tene- .ment of Thomas Wallcar, burgess of Hamilton, on the west, with those three roods of kirkland of Staneflat which the late George Nasmyth had in farm, a competent place being reserved for a granary to the Dean and his successors, to be built on the north boundary, etc., lying in the territory of the burgh of Hamilton, in the sheriffdom of Lanark ; the lands having been granted to Sir David Hamilton, chaplain, rector of Kilbride, and prebendary of the church of Hamilton, and resigned by him in favour of the Earl of Arran, in whose favour the granter HISTORICAL MANUSCRIPTS COMMISSION, 21 directs this precept to John Hamilton of Roploch and others, to give sasine in due form. Dated at the city of Glasgow, 12th October 1538. Signed “ Geor. Lokert decanS glasg manu propria, etc.” Seal appended, bearing three boars’ heads, two and one, with two crosses, one on the dexter and the other on the sinister side of the shield. [Sasine followed on 30th October ot the three roods and of the house, the three roods being described as lying in the territory of Hamilton, and called the Staniflat. One of the witnesses is Mr. Arthur Hamilton, provost of the collegiate church of Hamilton.] 29. Charter by King James the Fifth, granting to James Hamilton, son and heir apparent of James Earl of Arran, etc., the lands and barony of Hamilton, the lands and earldom of Arran, and all the lands named in the preceding writs, excepting Bothwell, all to be incorpo- rated in one barony, to be called Hamilton, of which the castle of Hamilton, now built, or to be built, should be the principal messuage. To be held to the said James Hamilton younger and his heirs, under- written, namely, the barony of Hamilton (except the lands and earldom of Arran) to James Hamilton younger and his heirs male of his body born or to be born, whom failing, to Gawin Hamilton, second son of the Earl, and his heirs male, etc., whom failing, to John Hamilton, law- ful son of the Earl and his heirs male, etc., whom failing, to the heirs male whomsoever of the Earl’s body lawfully to be born, whom failing, to Gawin Hamilton, brother (german) of the Earl, and the heirs male of his body, whom failing, to David Hamilton of Broomhill, and his heirs male, ut supra, whom failing to Andrew Hamilton of Newtown, and his heirs male, etc., whom failing, to John Hamilton of Candor, and his heirs male, etc., whom failing, to Gawin Hamilton of Orbesioun, and his heirs male, etc., whom all failing to the nearest lawful heirs of the Earl ; the lands and earldom of Arran to be held to James Hamilton, younger, and the two other sons of the Earl, and to his brother Gavin and their heirs male, whom failing, the lands to revert to the Crown., The charter is dated at Edinburgh, 22 October 1542. 30. Charter by King James the Fifth, granting to James Hamilton,, son and heir-apparent of the Earl of Arran, and to the same series of heirs as in the longer destination in the previous charter, the lands and barony of Mauchaneshire, the barony of Drumsargart, the half barony of Stanehouse, the office of the sheriffship of Lanark, all in the sheriff- dom of Lanark, and the lands of Kirkynnan in the stewartry of Kirk- cudbright, all which are incorporated in one barony of Mauchaneshire, and the tower of Dalserf in that barony is declared to be the principal messuage of the whole. Given under the great seal at Edinburgh, 22 October 1542. § 2. Charters of Knightslands, and other lands in Arran^ acquired from the Stewarts of Bute, 1357-1549. 31. Charter by Robert Stewart of Scotland, granting to Sir Adam of Folartoun, knight, heir of the late Reginald of Folartoun, Lord of that ilk, for his homage and service, the granter’s whole lands of Knycht- island, with pertinents in Arran, and within the sheriffdom of Bute ; to be held to Adam and his heirs of the granter and his heirs in fee and heritage for ever, for performance of common suit of court at the Castle of Bradwok (Brodick) and for ward and relief as they happen. With clause of warrandice. Witnesses, Sir John Lindissay, Lord of “ Turris- crag ” (Craigie ?), Gilbert of Cunningham, precentor of the church of MS8. ■ THE Duke op Hamilton, MSS. OP THE Duke op Hamilton. 22 HISTORICAL MANUSCRIPTS COMMISSION. Glasgow, John Stewart, son of Sir Alan Stewart, Nigel of Carrutheris, the granter’s chancellor, and Ranulph of Crawford. [No date ; 1356-- 137 1 .] Fine seal attached ; the Scottish lion surrounded by the royal tressure. Above the shield is a small coronet with three points like trefoil or strawberry leaves, legend not decipherable. 32. Retour made at Rothesay in Bute in presence of Ninian Stewart, sheriff of Bute and Arran, by the following jurors, Robert Bannatin, Ninian Bannatin of Camys, John Glasof Ascok, John Spensof Camys, James Stewart of Kilcattan, John Stewart of Neilston-side, Robert McVille, Rankin Fullarton, Patrick McGilpatrick, Robert Jamesone, Morice McEwen (Eugenii), Robert Stewart, William Bannatin of Dunawlat, John Jameson of Meknach, Archibald Bannatin of Quogach, Donald McKynlaw, Alexander Glas, declaring that John Fullarton was lawful and nearest heir of his father the late John Fullarton in nine merk lands in the island of Arran, and sheriffdom of the same, the lands being now valued at nine merks Scots yearly and nine bolls of barley in time of peace, held of the King in chief, and in his hands by reason of ward from the death of the late John Fullarton, for twenty years, and two years in default of the heir’s entry. Retour dated 6th November 1515. [Sasine given on 3 November 1516, of the nine merk lands of Dvmruden in the Isle of Arran to John Fullarton of that ilk ; bailie, Adam Stewart, deputy for Ninian Stewart. Witnesses, Alexander Coningham, younger, of Colzein, John Patecru, John Fullarton, John McCharchar, and John Neilson. Another sasine of the same lands was given by Ninian Stewart as bailie depute of Bute and Arran, on 22 May 1539, to John Fullarton of that ilk, as heir of his father, who had died ten years before 16 May 1538, the lands having been in the King's hands by reason of ward, the yearly rental being 6/. Scots. Witnesses to sasine David Blair of Adamtoun, Ninian Bannatyne of Carnes, Mr. John Dunbar, John Cranford, and James Tait.] 33. Procuratory of Resignation by John Fullarton of that ilk. Lord of Corsby, by which he resigns the lands of Drumrudyr or Knightslands, in the King’s hands, in favour of James Stewart, sheriff of Bute and Arran, and his heirs. Dated at Irvine, 7th November 1541. Wit- nesses: William Conyngham of Conynghamhead, John Mure, provost of Irvine, Robert Stewart of Killecroye, William Stirling, burgess of Bute, George Abbyrnethe, Malcolm Makewin, and Robert Makgilnowe. Seal appended. Charges three branches of a tree, two and one. Legend S. Ihohannis Fovlartovne. [The grantee duly received sasine of the lands on a precept from King James V., dated 3 December 1541, directed to Robert Stewart of Kerecroy and John his son and heir apparent. Sasine given 25 February 1541-2. Witnesses : Robert Stewart of Arosmoir, Archibald Cwnybroich of Skowlok, Archibald Bannatin of Kerelawmyn, Peter Spens, Donald Spens, Alexander Steuart, and Gilcolm McKoin.] 34. Charter by James Stewart, sheriff of Bute, granting to his son Alexander Stewart and the lawful heirs male of his body, etc., the nine merk land of Knychtisland, alias Tonreddyr, in the parish of Kilmorre, in the Isle of Arran. To be held for a penny yearly of blench farm. Dated at the parish church of Largs, 16 May 1548. Witnesses: Alex- ander Stewart of Kildonan, John Stewart of Kyllecroye, John Fresall of Knok, Robert Stewart in Neilstown-syde, James M^Weryte, Fyn- law M^Werite, John Jameson, and David Neill, notary public. [This writ was followed by the usual sasine, and also by a resignation dated 30 April 1552, in favour of James Duke of Chatelherault, Earl of Arran HISTORICAL MANUSCRIPTS COMMISSION, 23 and Governor of Scotland, made by Alexander Stewart (by bis pro- curator), in presence of William Commendator of Culross, Mr. Arthur Hamilton, provost of the collegiate church of Hamilton, Patrick Hamil- ton of Bogsyd, Sir Colin Watson, Sir John Spittell, and John Hamilton in Nelisland, questore fructuario ” of the lordship of Hamilton. Done in the church (templo) of Hamilton. 35. Charter by John Stewart of Ardgowan, granting to Ninian Stewart, sheriff of Bute, the forty pound land of old extent, called the ten penny lands, Kildonan, Twa furlongs, DupennyJands, with the three Largs, two Keskedelis, Glenascasdale, and Clachane, in the Isle of Arran, and sheriffdom of Bute, in exchange for the grantee’s twenty pound land of old extent called Baloch, Scheane, and Auchinquharne, with an annual rent of 24 merks Scots, to be uplifted from the barony of Abernethy, in the sheriffdom of Perth : To be held to Ninian Stewart and his heirs and assignees, of the King and his successors for the ser- vices due and wont. Dated at Edinburgh, 24 February 1502-3. Witnesses ; Archibald Earl of Argyll, etc., Mathew Earl of Lennox, etc., John Elphinstone of Airth, David Betone, Alexander Bannantyne, Morice Maknachtan, John Paterson, John Gray, and James Young. The seal of the gran ter is gone from this writ, but a precept of sasine granted by him on the following day has his seal appended, bearing a lion rampant surmounted by the Stewart fess. Legend S. Iohanis Steuart. 36. Extract registered Contract betwixt James Earl of Arran, etc.. Governor of Scotland, and James Hamilton, his eldest son and apparent heir on one part, and James Stewart, sheriff of Bute, on the other part, to the effect that James Stewart shall infeft the Earl in frank tenement and liferent for all the days of his life, and James Hamilton his son in fee, in all lands and others within the Isle of Arran and sheriffdom of Bute in which Stewart is infeft or in which his father the late Ninian Stewart died seised, reserving the office of sheriff of Arran and Bute. In return the Earl shall pay to Stewart four thousand merks, under certain conditions, and shall also cause Stewart to obtain feu infeftment of the office of the chamberlainry of Bute, he finding security to the Queen for payment of the rents and duties. The Earl shall further cause Stewart to obtain infeftment in feu farm of his steading of the lands of Cumbray extending to ten pound land of old extent, he paying therefor the yearly dues owing to the Castle of Dumbarton ; providing, however, that the Earl shall not be obliged to warrant the lands and office to Stewart at the Queen’s hands. It is also agreed that Arran shall “ do his diligence ” to reconcile the Earl of Argyll and Stewart, and that he shall stand a good friend to the sheriff in time coming, and shall help him to his kirks of Bute which he had previously. From this contract the five merk land of Corrygills is excepted to the sheriff, as pertaining to his office of sheriffship. Dated at Edinburgh, 28 May 1549 in presence of John [Hamilton], bishop of Dunkeld, Neil Layng, Master Andro Oliphant, notaries public, Robert Stewart in Neilsonsyde, John Hamilton of Nelisland, and Robert, master of Semple. Registered in the books of council, 29th May 1549. 37. Charter by James Stewart, sheriff of Bute, in terms of the pre- ceding contract, granting and alienating to James, Earl of Arran, etc., in liferent and to James Hamilton his eldest son and heir-apparent, his heirs and assignees, the forty-pound lands of old extent, called the ten penny lands [as described in No. 35 supra], also the nine merk land of Tonrydder alias Knychtislands, with the island of Pladow, and with MSS. OF THE Duke of Hamilton. 24 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OP THE Duke op Hamilton. towers, fortalices, etc., patronage of chapels, etc., lying in the island of Arran, and sheriffdom of Bute ; to be held of the queen and her suc- cessors for service due and wont. Dated at Edinburgh, 4th July 1549 ; witnesses, John [Hamilton], Archbishop of St. Andrews, primate of Scotland, legate, etc., Robert, Master of Semple, Mr. Glawin Hamilton Dean of Glasgow, William Hamilton of Humby, John Hamilton of Nelisland, Mr. Alexander Forrous, provost of Fowlis, Robert Stewart in Neilstown side, and Mr. Andrew Oliphant, notary public, who lead& the sheriff’s hand at the pen, he being unable to write. Seal appended quarterly, 1 and 4 a lion rampant; 2 and 3 the Stewart fess cheque. Legend S. Iacobi Stevart. [Following upon this charter is a writ stating that on 24 June 1551, Stewart (by his procurator) appeared before the lords of Council and session and desired that the contract [No. 36 supra] might be deleted from their books as it was fulfilled in all points.] § 3. Charters relating to the family of Daly ell of Bracanrig in Lanarkshire^ 1400-1525. 38. Transumpt of Charter by King Robert the Third, confirming a charter, dated at Edinburgh, 6th May 1400, by David Fleming, lord of Bygar and of Lenze, granting to his beloved and special (friend). Sir John of Dalyell, knight, for his service done and to be done the whole lands of Brakanryg, lying within the barony of Strathavan in the sheriff- dom of Lanark. To be held to Sir John and his heirs, of the granter and his heirs in fee and heritage, for performing yearly three pleas in the grantor’s courts to be held at Strathavan at the three principal pleas. With clause of warrandice. Witnesses to Fleming’s charter, Sir Patrick of Graham, lord of Kincardine, and Sir William of Dalyell, lord of Eliok, knights, William of Hamilton, younger, Andrew of Hamil- ton, Hugh of Awldynston, and John of Uchiltre. Confirmation dated at Linlithgow, 3 June 1400. Transumpt made at the instance of Peter of Dalyell of Carlowry, and dated at Edinburgh, 11th March 1464-5, John Stewart of Cragy, Edward Mowbray, Henry of Preston, and Thomas Layng, notary public, witnesses. 39. Charter by Malcolm Flemyng, lord of Cummirnald and of Lenze, granting to his beloved friend Robert of Dalzel, son of the late Sir John of Dalzel, knight, lord of Easter Carlowry, the lands of Bracanrig, in the barony of Strathavon and sheriffdom of Lanark, which lands Dalzel had resigned ; to be held to Dalzel and his heirs male of his body born or to be born, whom failing, to his nearest and lawful heirs whomsoever, of the granter and his heirs, lords of Cummirnald, in fee and heritage, for performing three pleas in court, etc. With clause of warrandice. Dated at Cummirnald, sixth July 1437. Witnesses, Robert Flemyng, son and heir of the granter,William Somervil, son and heir of Thomas Somervil, lord of Carnvith, William Boyd of Badynhath, William of Cleland of Clelandton, Thomas of Dalzel of Buthax. Seal gone. 40. Notarial instrument narrating that in presence of the notary and witnesses under written, John of Dalzell of Bracanrig produced a charter of the lauds of Brownside, sealed with the seal of the lord of Darnlie, bearing quarterly fess-cheques and fleur-de-lis, and on its circumference sigillum Alani Stewart dni de Dernle,” which charter the notary read to the effect that Alan Stewart, Lord of Dernle, granted to Robert of Dalzell of the Bracanrig for his service clone and to be done during his whole life- time, the lands of Brownsyde, lying in the barony of Strathavan in the sheriffdom of Lanark, to be held to Dalzell his heirs and assignees of the HISTORICAL MANUSCRIPTS COMMISSION. 25 granter and his heirs in fee and heritage, for renderinglyeai’ly three suits of court at the granter’s three capital pleas (placita) at Elanetoun. With clause of warrandice. Dated at Cruxtoun, 5th December 1429 ; witnesses, John Simpyll, lord of Elzottstoun, Robert Stewart of Cragoufak, William of Maxwell of Akynheyd, Alexander Stewart of Rase. After the publi- cation of this charter John of Dalzell demanded instruments from the notary, or a transumpt. These things were done in the town of Lanark, in the lodging of William Bell, burgess there, on 27 May 1447, before Sir Robert Hasty, chaplain, Alan of Dalzel, Thomas of Lowys, and Robert Hasty. 41. Charter by John of Dalzel, lord of Brakanryg and of the half part of Threpwode, granting to Hugh Cambell, brother of Sir George Cambell, knight, lord of Loudoun and sheriff of Ayr, and to Katrine of Blare, his spouse, conjointly and separately and the survivor of them, and to the heirs and assignees of Hugh, the three merk land of old extent, of his lands of Brakanryg, lying in the barony of Strathavan, within the sheriffdom of Lanark, with the houses and mansion which at the time of writing Thomas Michaelson inhabited ; to be held to Hugh and Katrine of the granter and his heirs in fee and heritage, for render- ing one penny Scots yearly at Whitsunday in name of blench farm, if asked. Dated at Glaysteyr, 12 April 1451. Ko witnesses. Seal of granter appended. Shield bearing the device of a human figure, naked, with right arm extended outward from the body, the elbow somewhat bent, while the left arm hangs down by the side. Legend S. Iohannis DE DaI.YEL. 42. Instrument of Sasine (not notarial), written in the vernacular in the following terms “ Sen meritabil and rnedful thyng is to ber vitnes to the schoutfastnes and mast in the cause qhuar in the consellyn of schut- fastnes majr hurt or ingenir pregatys till innocentis, her-for it is yat I Jhone of Dalzel of the Brakynreg and of the half of the Threpwode berris trow and schoutfast vitnes that I my schelf witht myn avne hande gaf heritabil stat and sesyn of forty selynvort of my landis of the Bra- kynreg of aid extent Hand within the scherafdom of Lanark within the barony of Strathaven til Hochon Cambel brothir to Schir Gorg Cambel, scheraf of Ayr, and to Katrina of Blar his spous and to the langar lefand of thaim and to the ayrris and the assignas of the said Hochon fra me and myn arris in fe and heritag for euirmar efter the tenor of his charter the qhuelk I mad til hym and tham tliar apon befor thir vitnes qhuen I gaf the said Huchon and Katrina heritabil stat and sesyn in propir person, Gorg Cambel of the Galston, Gawyn the Rose of the Haynyn, Gorg Mur vmqhuel son til Allaxander Mur, William Bard of theKerkvode, Jamis of Cunigame son til Andrew Cunigam of Grougar, Schir Robert Haste. In the witnes of the qhuelk thyng I the said Jhone of Dalzel has put to my sel with myn awn hand at the Brakynreg the four and thuenty day of the monetht of Aperil the zer of our Lord a thousand four hundretht fifte and ane zer. [Seal gone.] 43. Charter by John of Dalzel, lord of Brakynreg, etc., granting to the same Hugh Campbell and Katrine his wife, the two merk lands of old extent of Brunsyde, lying in the barony of Strathavan and sheritif- dom of Lanark with the houses and mansion which at the time of writing William Hardgrep inhabited ; To be held for one penny yearly in name of blench farm. With clause of warrandice. Dated at Glayster, 5th September 1451. No witnesses. Seal appended, in good condition. [A document in the vernacular, in terms similar to No. 42 supra^ states that sasine of the lands of the brown syde was given by the granter’s MSS. 01' THE Duke op HA-MILTOK. 26 HISTORICAL MANUSCRIPTS COMMISSION, MSS. OP THE Duke of HAMILTOIf. own hand in terms o£ his charter red apon" the ground of that ilk befor thir wytnes James of Douglas of Peryston, Jon of Dalzell my brother, Schir Eobert Hasty, chaplane, Thomas Hasty, Will Hardgryp, Jon Donaldson, Thom Smyth, John Sper.” 5th September 1451.] 44. Letters by the same John of Dalzelle, appointing the same Hugh and Katrine as his procurators “ giffande and grantande to the forsaide Huchon and Katryn his spouse coniontly and seuerally and to thair substitutis and assyngnais quhatsumeuer thai be, my ful and playn power and special mandment to tak up lift and rayse and resafe and in thair use to turn als mekil of my malis and annuale rentis and ony othir my gudis and profytis of my landis of the Brownside and of the Brakanrige and of the Threpewod as my gude modir Annas of Hamylton or ony in hir name or ony otheris thruch cause of me vptakis or sal vptak of the landis of the Brownside ’’ of which lands Hugh and Katrine are infeft in terms of the preceding charters. Dated at the granter’s place of the Sandyholm, 20th December 1451. Witnesses ‘‘ Georg Mur sone quhilom til Alexander Mur of the Lymflar, Thom Inglice duellande in Lowdon in the tym of the makyng of thir present letteris, Schir Eobert Hastee, chapellan, and Thom Hastee. 45. Bond by the same John of Dalzell to the same Hugh Campbell, in the vernacular. “ Be it kend till all men be thir present letteris me J hon of Dalzel of the Brakynreg and of the half of the Threpwod for til be bundyng and stratly oblisit and throw the tenor of thir present letteris stratly bandis and oblisis me be the fatht and treuth of my body the hale evangel tvycht til ane worthy man Hochon Cambel brothir to Schir Georg Cambel, knight, Lord of Lowdon and Scheraf of Air, that I the forsaid Jhon of Dalzel sal nothir sel, set, na in wodset na formal tak, na analy na na condecion mak of nan of thir landis vndyr wertyn, that is to say, thuenty sehelynworth in the Sandeholm an hunder schelynworth in the Threpwod and fife mark in Torbrekkis and thua mark in Kilcadzowlaw thua mark in the Farholme and an hunder schelyn in the Brakynreg and sex mark in the Brunsyde and half a mark in the Bruncastel, but lefe askit and giffyn of the forsaid Hochon be his letter and sele of witnasyng of lefe, this condecion lelely and trouly to be kepit for al the dayis and tym of me the said Jhone of Dalzel for al the dayis of my life and gif it hapnis me the forsaide Jhon of Dalzel to brek this condecion in all or in part than 1 oblis me in thre hundir markis and gud and vsuel monetht of Scotlande to be payit to the saide Hochioun his airis excecuturis and assignes on the he autar in the kerk of Lowdoun at anys and togedyr, within thuenty dayis efter this condecion beand brokyne the qhuelk condecion the said Jhon was oblisit to me cans of sertan sum of siluer and golde the qhuelk I deliuerit til hyme be cans of mariag of his son and air ; and al thir landis for-nammyt ar fre of ony analynacion as is befor-wertyn, the day of the makyn of thir present letteris, and al thir condecionis lelely and trowly to be kyepit but fraud or gile or ony excepcion I haf geffyn the fatht of my body the haly ewangel tvycht ; in the witnes of the qhuelk thyng I the said Jhone has put to the sele of myn armis with myn awne hand at the Glastyr the ferde day of the monetht of Septembar the zer of our lorde a thousand four hundretht fifte and ane zer. Seal appended. 46. Procuratory of Eesignation by John of Dalzell of Bracanrige, appointing Amer Gledstanys and Herbert Gledstanys, William Barde of Kirkwoude and William Mowate his procurators, with full power to resign the lands of Brownside lying in the lordship of Elanetown in HISTORICAL MANUSCRIPTS COMMISSION. 27 the barony of Strathavan and sheriffdom of Lanark into the hands of a noble dame, dame Katrine of Seton, lady of Elanetown and of Carlauerok, superior of the lands, with all claim of right or possession, quitclaiming the same for himself and his heirs of line and tailzie so that neither they nor their assignees nor any one in their name may make any claim to the lands. Dated at Glastir in Loudoun, 16th October 1453 ; witnesses. Sir John Loudon, chaplain, Henry Mur, Thomas Hastie, and John Donaldson. Seal appended. [This writ was followed, on the same day, by another formal resignation, and also by a quitclaim and discharge for Dalzell and his heirs of line and tailzie, of all right he had in the lands of Brownside in favour of Hugh Campbell and Katrine his wife. On 7th December 14?53, at Glaster in Loudoun, and on the 19th of same month at Brounside, two charters (duplicates) of the lands of Brounside were renewed to Campbell and his wife. The witnesses to the second charter and to a resignation or quitclaim of same date, were George Campbell of Galston, Bobert Lokart of Barr, John Cami)ell, son of Duncan Campbell, James Conygam, son of Andrew Conygam of Drippis, Andrew Conygam, William Barde of Kirkwod and Adam Hamylton. These charters were followed by resignations, &c., ut supra.'] 47. Charter, written in the vernacular, by Katrin of Seton, spouse of Sir Har[bert, Lord Maxwell], &c., confirming, with the consent of her spouse and of John Stewart lord [of Darnlie], the charter by John of Dalzel, of the lands of Brounside in favour of Hugh Cambell and Katrine his spouse. Dated at , 23 December 145 [3]. This charter is much mutilated, nearly half of it having been torn away. The year of its date is assumed from the previous resignations. The witnesses whose names are preserved are Harbart of Gledstanys, Robert of Gledstanys, and Thomas of Cathis. [The writ is indorsed as of date 23 December 1453.] 48. Paper writ, a Tack or Lease by the same lady to Hugh Camp- bell. “ Be it kend till all men be thir present letteres me Katerine of Setown, spows vnqwill to Sir Herbert lord Maxwell and lord of Car- lauerok, in my pur wedowhad, nocht constreyneit, til haf lattyn to borgh to Huchone Cambell of the Brownsyd all and hall the landis of the Brownside wyth thair pertinentis, the qwilkis I gert recognis in my handis as owr lord to the forsaid landis for certan resonabill causis and speciali for lak of the male of the said landis of the Brownside sen the dede of Robert of Dalzell, of the qwilk male the said Huchone and I ar fullely acordit; and tharfor I charge my bayle Arthur of Bamil- toun that he intermet nocht wyth the said landis of the Brownside in ony thing beand contrar to the said Huchon tuching the said landis and at the said Arthour be help and suple to the said Huchone in the said landis of the Brownside as he will haf a special thank of me in tyme cumyng. In witnes of the qwilk thing to thir presentis I haf set my sele at Carlauerok the xvi day of Junij the zer of owr Lord M° cccc° Liiii® befor thir witnesis Robert lord Maxwell and of Car- lauerok, Jone of Maxwell sone and ayr to the said lord, Edward of Maxwell of Tynwald and Aymer of Gledstanis wyth mony otheris. Seal impressed — almost wholly defaced, the only charge now visible being the Seton crescents in the third quarter of the shield. 49. Charter by John Dalzelle, lord of Sandyholm and of haif of Threpwode, granting to Hugh Campbell and Katrine Blare his spouse the lands of Bracanrig, in the barony of Strathavan, etc. At Loudoun, 20 April 1454. Witnesses, Alexander Stewart of Galstoun, William Barde MSS. OF THE Duke op Hamiltox. 28 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of Kirkwode, Martin Barde his son and apparent heir, Bernard Lokeif, William Mowat, brother-german of David Mowat of Stanehouse, James Conygham, son of Andrew Conygham of Drippis, John Dulglace, Sir Robert Hastee, chaplain, Walter Lepar. [This was followed on 4th June 1454, by a procuratory of resignation in due form, dated at Glaster ; also sasine on 28 July.] 50. Charter of confirmation (written in the vernacular) by Robert Lord Fleming and Lord of Cummernald, confirming the above grant of Bracanrig to Hugh Campbell and his spouse. Dated at Cummernald, 27 April 1454, before Thomas Fleming, brother of the granter. Robert Boid of Badynhath, and Edward Flerayng, witnesses. 51. Notarial Instrument of Sasine, narrating, that James Cambel of Brownside passed personally to the lands of Bracanrig and there gave sasine to his son and apparent heir Hugh Cambel of the forty shilling lands of Bracanrig, in the barony of Strathavon, etc. Done in the town • of Brakenrig, on 31 October 1486. Witnesses, William Barde of Kirk- wood, Martin Bard, Walter Waus, John Hardgrip, and Sir John Weir, chaplain. 52. Obligation by Robert Dalzell of the Sandyholme, binding and obliging himself by the faith and truth of his body, and his heirs both of line and tailzie to James Campbel of the Brownside and his heirs and assignees, that if it happen the granter or his heirs, etc., to “ mak inter- I’uptione, dame cr impediment or gancallyng to the said James his airis and assignais in the pessabill brouking and joissyng of the lands of the Bronsyde ... or the landis of the Bracanryg . . lyand within the barony of Awandail ” . . the which lands the late John Dalzel of the Sandyholm the granter’s father had given to Hugh Campbell of the Glastyr,” father of James, that within forty days after such interrup- tion, etc., the granter shall give as much land, and as good, to James Campbel, with charter, etc., notwithstanding that the former charters remain in force, and shall also pay six hundred pounds Scots upon the high altar of the kirk of Lowdoun, as costs, etc. Dated at “ the Glastyr,” 27th November 1490. Witnesses, Sir John Redpath, chaplain, John Park, Adam Browne, John Hasty and John Guthre. Signed “ Robert Dalzel w* my hand.” [On the same day and before the same witnesses the granter signed and sealed the following renunciation ‘‘ Be it kend til al men be thir present lettres me Robert Dalzel of the Sandy- holme til haf renuncyt, gifiyn our and adnullyt and be thir my present lettres renuncis giffys our and adnullys al charterys, instramentis, inden- turys and al other lettres pertenand to Johne Dalzel vmquhill my fader or now pertenand to me of the landis of the Bracanryg and of the Bronsyd with ther pertinentis lyand within the barony of Awandail and the scherefdom of Lanark ; the quhilk lettres forsaid neuer to be of force nor effect na awail to me the said Robert na to my airis of lyne nor of talze successouris nor assignais in tym to cum bot alvtraly and clerly to the vtilite and proffyt of Jauiys Campbel of the Bronsyde his airis and assignais for euermare. In witness of the quhilk thing I haf hung to my sell to this present wryt at the Glestyr ” etc. Signed “ Robert Dalzel wytht my hand.” Seal appended bearing as before a naked human figure with arms extended. Legend “ Sig. Roberti Dallyiell.” 53. Letters by Archibald Earl of Angus and lord of Douglas, in virtue of letters under the great seal giving to him the ward of all the lands and others in the King’s hands by reason of ward through the decease of the late Robert Lord Fleming and of Cummirnald, granting and assigning to James Campbell of the Brownsyde, his heirs, executors, HISTORICAL MANUSCRIPTS COMMISSION. 29 and assignees, the ward of the lands of the Brakanrig, in the barony of Avondale, etc., being in ward as tenandry to the said Lord Fleming : To be held freely until the ward expires. Dated at Edinburgh, loth March 1491-2. Neither signed nor sealed. 54. Precept of (^lare Constat by John Lord Fleming, lord superior of the lands of Newtown and Bracanrig, in the barony of Strathavon, directed to Archibald Hamilton of Carlisland, Robert Campbel of Gyltyre and James Nesbyt of Grenholme, for infefting Hugh Camp- bell as nearest and lawful heir of his father the late James Campbell of Brownside, in the lands of Bracanrier. Dated at Cummirnald, 29th September 1500. Witnesses : George Fleming of Kylmalcolm, Peter Fleming, William Cochran, Archibald Kneland, and John Mason. Seal wanting. 55. Notarial iiistrument of sasine proceeding upon and narrating a precept by John Lord Fleming directed to Robert Lokhart, his bailie, for infefting John Campbell, son and heir of the late Hugh Campbell of Brownside, in the lands of Bracanrig. Done at the principal mansion of the lands before Thomas Lindsey, James Allanson, and George Torrens. 1st March 1523-4. 56. Notarial instrument proceeding upon and narrating a Precept of Clare Constat (dated at Cruxtown, 26th April 1523) by John (Stewart), Earl of Lennox, etc. for infefting John Campbell, son, as nearest and lawful heir of his late father, Hugh Campbell, in the lands of Brown- side. Sasine given 1st March 1523-4. Same notary and witnesses as in preceding writ. 57. Precept of Clare Constat in favour of the same John Campbell, in the lands of Bracanrig, by Malcolm Lord Fleming. Dated at Cum- mirnald, 28 April 1525. Signed “Mechalm.” Seal appended, legend illegible ; charges on seal quarterly ; 1 and 4 a chevron within a double tressure ; 2 and 3 six rosettes or cinquefoils three and three. [This writ was followed by sasine given in due form. Witnesses : John Carn- duf, Walter Small, Andrew Crwnzean and John Crwnzean, 1st June 1525.] § 4 . — Miscellaneous Charters and similar Writs, 1395-1598. . 58. Precept of Sasine by John of Hamilton, lord of Cadzow, addressed to his uncle Sir John of Hamilton, lord of Fingaltown, for infefting Adam Forester of Corstorfyne in the lands of Bawdristown, in the constabulary of Linlithgow, within the sheriffdom of Edinburgh, in terms of a charter previously granted. Dated at Maueristown 21 May 1395. Seal gone. 59. Bond of manrent by James, first Lord Hamilton, to George, fourth Earl of Angus. “ Be it kende til al men be thir present lettris me James lorde hamiltone etc., to be cummyn man, and be thir present lettris becummys man of speciale seruice and retenew for al the dayis of my lyfe To a he and michty lord George Erie of Angus lord Douglas and wardaue of the est and midle marchis of Scotlande foranentis Ingland, before and agaynis al thaim that lyfe or de may, myne allegiance til oure souerane lorde the king and my bande of seruice til our souerane lady the quene Mary now present alanerli outtane ; pro- mitting me al and sindry detful poyntis and articlis in bande of retenew contenit to obserue and kepe to my lord forsaide as afferis for al the saide tyme : In witnes of the quhilk thing To thir my lettres I haf gert set my sele at Temptalone the xxiij day of the moneth of May the yere MSS. OF THE Duke of Hamilton. 80 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. of cure lorde a tliousande foure hundreth fyfty ande sevin yeris.” Seal attached, somewhat broken. 60. Charter by King James the Fourth with consent of the three estates of his realm granting to David [Hamilton], Bishop of Lismore, and to his successors, bishops of Lismore, and to their tenants inhabiting the lands of Dunvne, present and future, the liberty of taking heather peats and turfs (genestam, pet as et glebas, wlgariter le hadder, petis et turflSs) in all the moors and marshes within the king’s lands and lord- ship of Cowell, where they have been accustomed to take such for their fuel and other necessary uses. To be held the said heather, etc. to the bishop, his successors and tenants, of the King and his successors in heritage ; with the common passages and free entry and exit to the moors and marshes in all places necessary for leading the fuel, etc., freely and quietly. Given under the great seal at Edinburgh, 16 Feb- ruary 1505-6. Thirteen seals have been appended to this document. Of these seven remain, the great seal (broken) ; the privy seal ; the seals of Archibald, Earl of Argyll, Alexander Lord Home, James (Beaton), Abbot of Dunfermline, the common seal of the burgh of Edinburgh, and a seal, of which the legend is undecipherable, bearing quarterly 1st and 4th a lion rampant ; 2 and 3 a fess cheque with a label of three points in the 2nd quarter, and a mascle or mullet in the 3rd. 61. Letter by King James the Sixth, addressed to the Lords of Council and Session, collectors-general, and other officers, intimating that the King had appointed John Lord Hamilton to be captain of the Castle of Dumbarton, with all duties assigned or pertaining thereto, and in special the rents annexed of old to the keeping of the castle, together with the sum of 550 merks augmented and assigned thereto from the surplus of the third of the Abbacy of Cross-raguel, to be paid yearly to Lord Hamilton by the collectors, from the year 1585. The King, there- fore, charges all collectors and others to pay the said sum to Lord Hamilton. Given under the privy seal 1st November 1586. 62. Letter of obligation by King James the Sixth, in favour of John Lord Hamilton, Commendator of Aberbrothok, in consideration of his near descent from the King’s family, the services of his late father (the Earl of Arran) as Governor of Scotland, the loss of the duchy of Chatelherault (‘‘ the tytill and rent thairof, sormonting be zeir threttie tliowsand frankis, quhairin he was heretablie investit, wes takin from him and his posteritie be ressone of his assistance gevin to the removing of stranger is and foreneris furthe of our realme ”), his abyding withe our said vmquhile darrest mother in mony of the trublis and afflictionis quhairin scho fell,” and the services of both father and son, as enu- merated, especially Lord Hamilton’s “ faythfull and cairfull attendence vpoun our princlie persone at dyveris perrellus tymes in the feildis,” and because Lord Hamilton had presently, at the King’s wish, given up the captaincy of the Castle of Dumbarton, for which services the King desired to reward him, and had no other means to do so than that the abbacy and lordship of Arbroath, that is the temporalities thereof, should be conferred on Lord Hamilton, the King, therefore, with con- sent of the officers of state, etc. faithfully promises that if in the current parliament or the one following, the annexation of the kirklands to the crown, and the erection of temporal lordships, be net annulled, then a sufficient disposition of the whole abbacy shall be made to John Lord Hamilton, his heirs male and posterity, for the services detailed in fur- ther charters, or a yearly sum of 1,000 marks in name of blench. With HISTORICAL MANUSCRIPTS COMMISSION, 31 other provisions intended to secure Lord Hamilton if the annexation of church lands be annulled. Given under the signet at Holyrood House, 6th January 1597-^8. Signed James R./’ “Lenox,” “Fyvie,” “Blantyre,” “Neubotle,” “ S. Robert Meluill,” “R. Cokburne,” “ Trakqwair.” Division II. — Miscellaneous Writs of a Historical Character, OTHER THAN CORRESPONDENCE. § 1. Bonds of Manrent to first Earl of Arran. 1503-1528. 63. Indenture between James, Earl of Arran, etc., and Alexander (Graham), Earl of Menteith, by which they bind themselves to “ stand in afauld band of kyndenes ” to each other, and to supply, maintain, and defend each other, their kin and friends in all their lawful and “ honest ” (honourable) quarrels, and to take each other’s part when required. And both parties bind and oblige themselves to observe this bond, by the faith and truth of their bodies, “ the grete aith sworne, the haly euangelis tuichit, and nocht to cum in the contrair heirof in tyme to cum vndre the pane of infame, periure and inhabilite.” Signed and sealed in duplicate. Witnesses : William Earl of Montrose, Wil- liam Murray of Tulibardine, Walter Forester of the Torwood, knights, John of Knok, son and apparent heir to Uchtre Knok of Cragans, David Murray of Megoure, David Murray of Dowlary, and Patrick Grahame. At Edinburgh, 20th November 1503. Signed “Alxrerle of Monenthent.” No trace of seal remains. 64. Bond of manrent, by William Wallace of Cragy, to the Earl of Arran. “ Be it kend till all men be thir present letteris me William Wallace sone to vmquhile Hew Wallace of Cragy, to becumin man and seruand to ane noble and michty lord James Erie of Arane, lord Hamiltoun, etc., and sail serf him lelely and treulie with my kyn and freyndis that will take my part bayth in peax and weir at his will and warnyng, and sail tak ane afauld plane part with his lordschip in all and sundry his actionis, materis, causis and querelis leueful and honest (honourable) movit or to be movit, and sail gif him the best counsale I can, gif he ony askis at me, and I sail consele the counsale he schewis to me ; I sail nouther se nor heir his scath hot I sail warne him therof and lat it at my power ; my houssis and strenthis sal be opin to his lordschip and ressaue him therin at his plesour. And this my letter of manrent and trew seruice with my kyn and freyndis foresaid for all the dais of my life till indur, myn allegeance to our souerane lord the King my lord gret governour of Scotland for his tyme alanerly except and outtane ; To the observing keping and fulfilling of all and sindry the premissis I bind and obliss me faithfully be the faith and treuth in my body but (without) fraude or glle. In witnes of the quhilk thing to thir present letteris subscriuit with my hand on the pen my sele is affixt at Edin- burgh the xviij day of Julij the yere of God v® and fiftene yeris, before thir witnes ane reuerend fader in God David Bischoip of Ergile, Master Robert Barry archidene of Ergile, George Ross of Hanyng Adam Wallace in Newtowne, Johne Wallace in Meyiiefurd, George Tayt, Johne Hamiltoun and William Hamiltoun his sone, wyth vtheris. (Signed) Willia Wallace w^ my hand on ye pen.” Only a trace of the seal remains. 65. Mutual contract and bond of kindness betwixt James, Earl of Arran, etc., and Gilbert, Earl of Cassillis, Lord Kennedy, for them- selves, their kin, and friends, to the effect that, “ for the honour, proffeit MSS, or THE Duke or Hamilton. 32 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OT THE Duke op Hamilton. and welefare of our souerane lord the kingis grace now being of tendre age, commoim wele of his realme and to the plesour of my lord gouver- nour now being out of the realme,” the two Earis bind themselves to each other (in form similar to No. 63 supra,) to aid each other against all parties, the King and Governor (the Duke of Albany) excepted, according to the “ auld band of kyndnes and lufrent maid betuix ther predicessouris,” any variance between the parties to be settled by four nearest of kin of both Earls, and otherwise by the advice of David, Bishop of Argyll. This contract was executed in duplicate at Edin- burgh, 24 November 1517. Witnesses: Sir Patrick Hamilton of Kincavil, knight, James Kennedy of Lunnochty, and others, whose names cannot be read, owing to the worn state of the document, which is signed ‘‘ Gylbert Erll off Cass[illis ?] w* my hand.” Seal impressed. 66. Notarial instrument narrating a Decree Arbitral pronounced by Mr. Arthur Hamilton, Provost of Hamilton, Alexander Baillie of Carfyn, David Hoppringill in Galloschelis, and John Riddall of that Ilk, judges arbiters, chosen, along with others named by a deed of agreement and sub- mission, dated at Glasgow,10th July 1520, entered into between James Earl of Arrau, Regent, a reverend father in God, David [Hamilton], Bishop of Argyll, the Earl’s brother, Sir James Hamilton of Fynnerth, knight, the Earl’s son, James Hamilton of Kincavil, the Earl’s brother’s son, and Robert Dalzell of that Ilk, for themselves and friends on one side, and Andro Ker of Cessford, Mark Ker of Littledean, John Hoppringill, Andro Ker of Gradane, Andro Ker of Greynheid, Thome Ker of Lin- tole [Lintalee], and Lancelot Ker of Gaitschaw, for themselves and fi'iends, on the other side. In this agreement the parties bind them- selves to underly and fulfill the decree and ordinance of Mr. Arthur Hamiltoun and Alexander Bailye of Carfyn, chosen by the Regent and his friends, and Sir Alexander Jardine of Applegarth, knight, and David Hoppringill, in Galloschelis, chosen by the Laird of Cessford and his friends as judges arbiters, with James Archbishop of Glasgow, Chancellor of Scotland, and Robert Lord Maxwell, Warden of the West Marches, as oversmen, to decide “ in aventure of discord, in and apone all and syndry debatis, actionis, causis, querelis vnkyndnes and disple- suris done and committit in ony tyme bigane betwix the saidis parties or ony ane of thame till vtheris and specialy apone the slauchter, persut and following of the said Erlis and Regentis frendis and seruitouris being witht the said Schir James his sone at the raid of Jedwod Forest, and the invading and persewing of the said Schir James thereftir till his slauchter as apperit, and in and apone all vtheris actionis, disple- souris,” etc., between the parties, who with the arbiters and oversmen were to meet at Glasgow on 16th August next, to decide and give decree, and in the meantime the parties bind themselves each to each in tendernes kyndnes lufrent and cherite,” and each to “ repair to vtheris houssis placis rowmes and cuntries, gifi* it happynnis thame to cum thairto, eit, drynk, conuerse and commoun witht vtheris,” assurance to that effect being given until the 24th September next. Meanwhile Andro Ker of Cessford and Jiis friends shall “nother ryd, gange or assist to the Erie of Angus ” in any way. Andro Ker also with Mark Ker and their friends choose Sir Alexander Jardine and others to arbitrate between them and Andro Ker of Fernyhirst, specially regarding the bailiary of Jedworth Forest, with other disputes betwixt them. The penalty of infringing this agreement and assurance is fixed at 6,000/., one third to be paid to the King, one third to Glasgow Church, and the remainder to be given to the party observing the bond. The parties HISTORICAL MANUSCRIPTS COMMISSION. S3 met and the submission being read, and oaths administered, the arbiters MSS. and oversmen decerned that the Laird of Cessford and his friends, for their lifetimes, should take the Earl of Arran’s trew and afald part/’ — - in all his affairs, except against the King or Governor, and shall ryd and gang ” with him ; also they shall take his part against the Earl of Angus and his party ; they shall make no bonds with any Scotsman without Arran’s consent; they shall also maintain and defend David, Bishop of Argyll, Commendator of Dryburgh, in peaceful enjoyment of the abbacy of Dryburgh, and teinds thereof, the Earl of Arran binding himself in like manner to take part with the Kers and their friends. Decree arbitral dated at Glasgow, 19th August 1520, and signed by the arbiters, etc., in presence of John, Earl of Lennox, David, Bishop of Galloway, Andro Lord Avandale, Mr. James Stewart, provost of Dum- barton Collegiate Church, James Lundy of Balgony, James Hopprin- gill. Dene Robert Coittis, prior of Blantyre, witnesses, with others not named. The parties then demanded instruments. 67. Bond by the Town of Edinburgh to the Earl of Arran. Be it kend, etc., ws provest, bailies, counsall and communite of the burgh of Edinburgh, to be bundin and oblist and be thir present letteris and the faith and treuth in oure bodiis straitlie bindis and oblissis ws till ane noble and michti lord James Erie of Arrane lord Hammyltown, ane of the regentis of the realme and lieutenent in the Merse and Louthiane : Forsamekle as it is decretit and ordanit be the lordis, Regentis and of Counsall, for vnite and concord to be had betwix the said lord and ws and for pacifying of truble in tyme cummyn and the kingis autorite interponit thereto and ane act maid thareapone with letteris to put the samyn till execucioun That we suld gif oure band and oblising to the said lord apone certane poynttis eftir fallowing and in semblable wyse the said lord of Arrane till gif his band till ws apone certane vther poynttis That heirfor we bind and obliss ws to be lele and trew to the said Erie of Arrane and take his afald part aganis all vtheris that wald attempt aganis the kingis autorite in the execucioun of his office of Regentry and lieutenentry and furthputting of the kingis authoritie within the said towne of Edinburgh, at oure possible power and salbe lele and trew to him in the premissis injuring the time of his office. And specialie sail nocht thoile nor permyt the Erie of Anguse, Johne Somervill lard of Colbintown, Archibald Douglas, Maistir William Douglas brothir to the said Erie of Anguse, now be and in Coldinghame, Hew Douglas nor nane takand thare part resort nor entir within the said towne of Edinburgh the said Erie of Arrane beand tharein, quhill the mater be adressit betuix the Erie of Anguse and him and vnite and concord maid amangis thame And gif my said lorde of Anguse his kin and freyndis wald do in the contrare we sail oppone w’S thareto, takand my said lord of Aranis afald part to resist thame at oure powere, and in lykwise we sail tak my said lord of Arranis part aganis all rebellis and tratouris within the realme in the execucioun of his office and justice within the said towne of Edinburgh. And gif ony generall osting beis diuisit to pass apoune the saidis rebellis and tra- touris the towne of Edinburgh till do siclyk as vtheris oure souerane lordis liegis of burrowis dois. For the obseruyng keping and fulfilling of the premissis and euery poynt and artikle tharof we bind and obliss ws faithfullie as said is in the sekerest forme and stile of obligatioun but fraude or gyle. In witnes of the quhilk thing to thir oure present letteris obligatouris we half gart append oure commoun seill at Edinburgh the nyntene day of the moneth of Januare the zier of God ane thousand five hundreth and tuenty zeris.” Seal attached, somewhat broken. A U 24964. C 34j historical manuscripts commission. MSS. tower on the obverse, and on the reverse a figure of St. Giles with his OF THE Duke OF hind. Hamiltoit. 68. Bond of manrent by “ Eobert Steuard of Mynto and prouest of the citte of Glasgu ” binding himself to ‘‘ becumin man and seruitur ” to James, Earl of Arran. The bond is conceived in the usual terms and is to endure so long as the granter remains Provost of Glasgow. Dated at Glasgow, 18th October 1527. Signed ‘‘ Robert Stewart of mynto v^ my hand.” Seal impressed, much broken. 69. Bond of manrent in similar terms by Allan Steuard of CraghalL Dated at Glasgow, 1 January 1527-8. Signed “Allan Steuart of ye Craghal v* my hande.” Seal gone. 70. Bond to the Earl of Arran by “ Walter Scot of Branxholme, knyght,” in terms similar to No. 64 supra. Dated at Edinburgh, 4th July 1528. Signed “ Walt. Scot of branxholm, kniyV* Not sealed. § 2. Papers relating to James, second Earl of Arran, Governor of Scot- land and Duke of Chatelherault, 1527-1569. 71. Letters under the Privy Seal of King James the Fifth, granting in usual form to James Hamilton of Fynnart, knight, the ward of one half of the lands and others belonging to the late J ohn Earl of Lennox, and now in the King’s hands by reason of ward, the whole ward having been granted to Archibald Earl of Angus and James, (first) Earl of Arran, and Angus having resigned his half in favour of Sir James Hamilton. Given at Edinburgh, 27 April 1527. Privy seal attached. 72. Agreement between Andrew Lord Avandale on one side and James Hamilton of Fynnart, knight, on the other side, by which the latter binds himself to induce his father, James (first), Earl of Arran, to give up to Avandale his half of the ward of the Earldom of Lennox, in return for certain conditions. Written in duplicate, dated at Edinburgh, 1st June 1527. Signed “ Andro llord AuMal.” 73. Agreement between Matthew, Earl of Lennox, son of the slain Earl, and the Hamiltons, begins thus, “We Mathew Erie of Leuenax conforme to the contract and appoyntment and aggreance maid betuix wsfor oure self, kin [etc.] on that one parte, and James Hammiltoun of Fynnart knicht, for himself and as tutoure to James [second] Erie of Arrane, lord Hamiltoune, his bruthir, thare kin [etc.] on that vther parte, for the slauchter of vmquhile Johnne erll of Leuenax cure fader, witht avise consent and assent of Alane Stewart of Craghall oure curatoure, for oure self, oure airis, kin [etc.] be the tenoure heirof remittis, forgevis and frelie dischargeis the said James erle of Arrane, James Hammiltoun of Fynnart, knicht. Hew Erie of Eglintoune, &c. Malcolm Lord Fleming, Hew Lord Someruile, Hew Campbell of Lowdoun, the surname of the Wallaces, Androu Ker of Farnyhirst, Mark Ker of Dolphintoune, James Douglas of Drumlangrig, thair airis, sureuames, kin, [etc.] and all vtheris being in company with vmquhile James Erie of Arrane that last decessit, and on that side, the tyme of the slauchter of the said vmquhile Johnne Erie of Leuenax, oure fader, of all actionis criminale and civile, displesoure vnkindnes” etc., conceived against the Earl of Arran and James Hamilton. The latter is also specially discharged of all cause of forfeiture of the lands of Drumry incurred by his appearing in arms against the late Earl of Lennox, superior of the lands, “ in plane feild at Canathy brig, for his slauchter.” Further, because James Hamilton having right to Earl Matthew’s marriage had given the same to the HISTOEICAL MANUSCRIPTS COMMISSION. 35 Earl free, and had resigned the keeping of the castle of Dumbarton, of which he had a nineteen years lease, making also other concessions, and because he was bound to pass on ‘Hhe threheid pilgrimages of Scotland, and to find and sustene vpoun his expensis sex preistis to pray yeirlie for the saull ” of the deceased Earl for seven years, therefore Hamilton shall peaceably enjoy the lands of Heuchheid, Linbank, Drumlog, and Brintsnab, in the barony of Avandale, Lanarkshire, with other conditions. Dame Elizabeth Hamilton, Countess of Lennox, the Earl’s grandmother, being referred to as conjunctfiar of the lands. For corroboration the great seal of Scotland is affixed to the document, which is dated at Edinburgh, 29th April 1531, Robert [Reid], Abbot of Kinloss, and others, witnesses. The signatures of King James Fifth and the Earl of Lennox are upon the writ, and the great seal, the Earl’s seal, and that of his curator are still appended. [Besides this a separate confirmation was made by the King on 1st May 1531, to which the quarter seal is appended.] 74. Bond of Manrent in the usual form by Ninian Stewart, sheriff of Bute, James Stewart, his son and apparent heir, Robert Stewart, Archi- bald Stewart, Alexander Stewart, Ninian Stewart, John Stewart, James Stewart, and William Stewart, all sons of the sheriff, binding themselves to become men and servants of James, Earl of Arran. Dated at Glen- kill, 23 July 1535. Witnesses, George Lord Seton, John [Hamilton], Abbot of Paisley, John Hamilton, master of Fail, Mr. Arthur Hamilton, provost of [the collegiate church of] Hamilton, and Mr. David Hamil- ton, pastor of Thankerton. The sheriff’s seal is affixed for himself and his sons, and the signatures are written by Archibald Stewart with his own hand, the others only placing their hands on the pen. 75. Bond of similar character by Hew [Montgomery], master of Eglin* ton, to John Abbot of Paisley. At Edinburgh, 12th July 1543. Wit- nesses, Charles Mowat of Busbe, and others. Signed ‘‘ Hew Mast, of Eglintoun.” Seal affixed. 76. Act of State, declaring James Earl of Arran, etc. second person of the realm and nearest heir to the Crown, failing the young Queen, to be tutor to the Queen and Governor of the realm. In this Act the three estates renew their fealty and ratify the same by affixing their seals, most of which are still appended in good preservation. Dated 15th March 1542-3. [This Act is printed and a lithograph of the original with its seals shown in the Acts of the Parliaments of Scotland,” 1814, vol. ii., pp. 593, 594]. 77. Bonds of manrent and fealty made to the second Earl of Arran as governor of the kingdom. Of these there are a considerable number, most of them, however, being conceived in the same form of words. A few which are important or vary in detail are given at greater length : — 1. Bond of manrent in common form by Hew Campbell of Lowdoun, Sheriff of Ayr, to James, Earl of Arran, Lord Hamilton, protectour to cure Souerane lady and governour of hir realme.” Dated at Edinburgh, 2 June 1543. Witnesses, John [Hamilton], abbot of Paisley ; Mr. David Panther, prior of St. Mary Isle and secretary to the Queen, Mr. J ohn Hamilton, vicar of Cragy, with others. Signed, Hew Capbell of lowdown w^ my hand.” Seal appended. 2. Bond of manrent by Neill Montgomery of Langsehaw, knight, to James, Earl of Arran, etc., at Linlithgow, 2 August 1544. Witnesses, John, Abbot of Paisley, Mr. William Montgomery of Stane, Mr. John c 2 MSS. OF THE Duke of Hamilton. 36 mSTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. Dennjstoun, Archdean of Dunblane, and others. Signed, Sr Neyle Montguj, of Langschaw, kynt.” Not sealed. 3. Bond by James Striueling of the Keir, John Logan of Balvey, Alexander Douglas of the Mains, and John Striueling of Craigbarnard, who all, of their own free will, infroL\^ and a gracious reply was sent to the youth on his succession [No. 11]. The second Marquis is chiefly memorable as the King’s Commissioner to the Scottish Parliament of 1621, which ratified the five Articles of Perth as to certain forms of worship. Cf. Nos. 13, 14. The third Marquis of Hamilton, afterwards first Duke, and his brother William Earl of Lanark (who became second Duke) ,are the two members of the Hamilton family whose correspondence forms the chief subject of this Report. The elder of the two brothers, James, third Marquis of Hamilton, though he became prominent in State aflairs, was, according to his biographer. Bishop Burj3et, a man of retiring disposition, so much so that for some years after his father’s death he remained absent from Court, residing on his own estates. Towards the end of 1628 he was recalled to public life by a special message from King Charles the First, and in the following year engaged himself to aid in the recovery of the Palatinate,' the phase of the Thirty Years war in which Britain was most deeply concerned. The Marquis therefore accepted various commissions under the then most famous leader on the Protestant side, Gustavus Adolphus King of Sweden, in obedience to whom he raised a force of six thousand men, with which he landed at the mouth of the Oder on 2 and 3 August 1631. The history of Hamilton’s share of the campaign of 1631-32, so far as it can be gathered from the letters written by Gustavus and his own letters to King Charles will be found in Nos. 15 to 61 infra. HISTORICAL MANUSCRIPTS COMMISSION. 61 It cannot be said that he effected great things, but his’ army seems to have suffered greatly from famine and plague. He had an interview with Gustavus at Werben on the Elbe, but does not appear to have taken part in the battle of Leipzig (or Breitenfield), though the arrival of his reinforcements probably had a moral effect in bringing about the successful result of that contest. While Gustavus marched against Tilly, first towards Leipzig and then towards the Rhine, Hamilton received orders to act on the Oder, where he gained some minor suc- cesses, but the enfeebled state of his army prevented extensive opera- tions. He was then ordered towards the Elbe, and in December 1631 was before Magdeburg, then occupied by Imperial troops under Count Wolfgang of Mansfeldt. It would appear that at a later period (though the exact date cannot be ascertained from the letters) Hamilton joined Gustavus, and is said to have served as a Volunteer in the King’s army. He was probably with the King in his operations against Tilly at Donau- worlh and elsewhere, as one of his letters to King Charles is dated from Augsburg in that vicinity [No. 58], and he must have been with Gus- tavus at Nuremberg, where he received his first check from Wallenstein. The King, forced by famine and the impregnable position of the Im- perialists to retreat, retired to Fiirth, and there on 8 September 1632 he signed another commission to the Marquis to raise an additional force of 10,000 or 12,000 men [No. 61 infra]. The Marquis, however, owing to the failure of the proposed alliance between Britain and Sweden [Cf. No. 40, 53, 57-60] and other causes, was not so ardent in the Swedish service as at first, and the death of Gustavus on the 6th November 1632, released him altogether from his engagements. The brief account of the fate of the Swedish king, sent by General Leslie to Hamilton [No. 62 infra.] will be read with interest. It adds nothing to our knowledge of how the King died, but it is valuable as a contemporary record of the circumstances by one of his famous generals. It is also to be noted that Leslie implies that the fatal shot in the back was the fortune of war, and not the deed of an assassin. He makes no charge against any one, such as has been made, apparently on insufficient grounds, against the person then in immediate attendance on Gustavus, Franz Albert of Lauenburg. After the death of Gustavus, a correspondence was kept up between Hamilton and the Swedish Privy Council. These letters which are not of great importance, will be found noted under No. 64. A letter from Charles, eldest son of the King and Queen of Bohemia, afterwards Elector Palatine in 1648, is given in No. 63. It announces the death of his father. A series of letters of more historical interest are Nos. 65 to 82 infra., w^ritten to the Marquis of Hamilton between 1633 and 1638, by various officers who took part in the Thirty Years’ war. They give in some cases details of the more obscure contests and successes on the Swedish or Protestant side of the great war. Letter 65, 66, 67 and 70, from Colonel or General Peebles, who seems to have acted as an agent on the Swedish side, are specially noteworthy in their knowledge of affairs, and shrewd estimate of men and things. Other letters relate other incidents of the war in various parts of Germany. Thus in No. 72 and in No. 73, from Sir David Drummond, we have a sketch of the advance on Prague in 1634 by General Baner and the allied Saxon force, while in No. 74, we have reference to the private treaty concluded by the Elector of Saxony. General Leslie’s letters also. Nos. 78 and 80, refer to Baner’s movements a year or two later. A letter. No. 75, unimportant in itself, is interesting as a relic of the old Scots Guard of France. MSS. f THE Duke of Hamilton. MSS. OF THE Duke of Hamiltois^, 62 HISTORICAL MANUSCRIPTS COMMISSION. Nos. 83 to 140 introduce us to a wholly different sphere of action^ one in which Hamilton occupied a delicate and ungrateful position. In the contest which arose between ,King Charles the First and his Scottish subjects as to the Service Book, &c., in 1638, the Marquis was appointed the King’s Commissioner to Scotland, and the letters in question are those which passed between him and his master. How Hamilton’s own letters to the King returned to his possession does not appear, but all those of the year 1638 here reported on are originals. In this Report they are not given in full, as the King’s letters have already been printed at length by Bishop Burnet in his memoir of the first and second Dukes of Hamilton, and Hamilton’s own letters have also been printed for the Camden Society, in their publication for 1880, ‘‘Hamilton Papers relating to 1638-1650,” edited by Professor S. R. Gardiner. Sufficient indication of the contents of each letter is given to show their identity with those printed, and this rule of abridgment has further been applied to the letters for the year 1639, [Nos. 143-209 infra'], and to numerous letters of the years 1646, 1648, and others, which have also been printed for the Camden Society, as stated in the Report. It cannot be said that the letters of the first Duke of Hamilton now reported on, throw any new light on the period to which they refer. Though Burnet does not print them in the work referred to, he weaves their contents into his narrative, and as for the more private details meant only for the King’s eye, these were in a great measure known to the opposite party, who had their agents at court. Hamilton’s letters of 1638 and 1639 show on his part a blind allegiance to the King, who on his side was equally determined to yield as little as possible. The same characteristic of His Majesty is also to be discerned in the letters from Sir Robert Moray to the Marquis, then Duke of Hamilton, in 1646, while the King was with the Scottish army at Newcastle. [Nos. 232-269 mfra.] The letters of the Marquis of Antrim in 1646 to King Charles, [Nos. 220, 223, 227, and 230] are written in a tone as of one monarch to another. The Irish chieftain was grievously disappointed when he was not allowed to work his will in Kintyre, where he had landed, nominally on behalf of the King. At the same date will be found letters to the King from Montrose and other Loyalists in Scotland, who also were compelled to lay down their arms. Nos. 213-231. The state of feeling among the English Royalists during the virtual confinement of the King in the Isle of Wight, when it was hoped that the Scots would make an effort for his release, may be gathered from the letters addressed to William Earl of Lanark afterwards second Duke of Hamilton, during the first half of the year 1648 [Nos. 270—343]. The alternate hopes and fears of the party, the rumours which elated or depressed them, and the real feeling at bottom which ultimately helped to wreck the enterprise, the intense jealousy against the Scots, may be noted from these letters, which, as stated, have nearly all been printed by the Camden Society. The Scottish army, after much opposition and repeated disappoint- ments, at last entered England, but their numbers were meagre, their march undisciplined, and their advance was made rather under the pressure of clamour from the English Royalists than because they were prepared to fight. The result, as is well known, was a complete defeat, and the Duke of Hamilton became a prisoner [cf. No. 375 for Articles of surrender]. Before this event, efforts had been made to induce Charles Prince of Wales to come to Scotland, and the Earl of Lauder- HISTORICAL MANUSCRIPTS COMMISSION. 63 dale was sent as a Commissioner to that effect. His mission is narrated in Nos. 359-374, but the battle of Preston, fought as he was penning his last letters, quenched the hopes of the loyalists. James Duke of Hamilton, on 9th March 1649, suffered the same fate as his Royal Master, and his last letters to his brother [Nos. 377- 379], are full of kindly feeling. The report concludes with a few letters from King Charles the Second and Queen Henrietta Maria, to William second Duke of Hamilton, which shew the regard in which he was held. He was then under the censure of the Committee of Estates, but in 1651 he took part in the King’s expedition to England and fell at the battle of Worcester. He was succeeded in his titles and the Hamilton estates by his niece, Anne eldest daughter of James, first Duke of Hamilton, who became Duchess of Hamilton, She married in 1656 William Douglas, Earl of Selkirk, who in 1660 was created Duke of Hamilton for life. He took a prominent part in Scottish affairs, but the correspondence and other papers relating to his time will form the subject of another Report. The correspondence now reported on is arranged as follows : — 1. State Correspondence and relative papers of the time of Lord John Hamilton, Commendator of Arbroath, first Marquis of Hamilton, 1568-1604. 2. Letters and papers of the time of James second Marquis of Hamilton, 1604-1625. 3. Letters and papers of James third Marquis of Hamilton, rela- ting to the time of the “ Thirty years’ war ” in Germany, &c., 1629-1638. 4. Letters and papers of James third Marquis, afterwards first Duke of Hamilton, relating chiefly to the contest between King Charles the first and his subjects in Scotland, etc., 1637- 1647. 5. Papers and Letters addressed to William Earl of Lanerick (Lanark), brother of the first Duke of Hamilton, relating to the ‘‘ Engagement,” 1648-49. 6. Letters of the time of William Earl of Lanark, second Duke of Hamilton, 1649-1651. 1. State Correspondence and relative Papers of the time of Lord John Hamilton, Commendator of Arbroath, first Marquis of Hamilton. 1568-1604. 1. Letter from Mary Queen of Scots, intimating to Lord John Hamilton in reference to a former letter as to the conference appointed to be held at York, that she had determined to send the Bishop of Ross and Lord Herries on her behalf, and had also directed Lord Boyd to be present that he might show “ the wrangis to our guid sister, that amangis mony vthiris ar done to our derrest cousigne your father” [the Duke of Chatelherault] ‘‘be the deputis of our saidis rebellis in our realme ; praying yow to keip gud ordour for your part amangis our faythfull subiectis 'Jo our obedience ” etc. The letter is dated at “Bowtoun,”12 November 1568, and is written by a secretary, but the signature is holograph “ Zour richt gud cusignes Marie 1^. [There is another letter from the Queen to Lord John Hamilton, then Com- mendator of Arbroath, dated from. Sheffield, 22 September 1571, but it is almost wholly undecipherable from damp. It appears, how^ever, to be a mere friendly commendation of his services. It concludes with MSS. OF THE Duke of Hamilton. 64 HISTOKICAL MANUSCRIPTS COMMISSION. MSS. OP THE Duke ( Hamilton. the words in the Queen’s own hand “ Your most asured good frind and ' cusignes, Marie 2. Letter from Queen Elizabeth to Lords John and Claude Hamilton, thanking them for their professed readiness to accept her mediation in the matters at variance between them and the Earls of Angus and Mar, who had come from Scotland to England ; that she had made choice of the bearer [Mr. Bowes] to deal between the parties, in which she hopes he will find no great difficulty, ‘seeing that the proposed agreement is for no other purpose than that they may be better able, being united in goodwill and friendship, to do the King, their sovereign, service. She concludes by expressing a hope that the King’s favour at present withdrawn will ere long be restored to them. At Hampton Court, 10th October 1584. Signed ‘‘ Your very assured cousin Elizabeth E.” [Accompanying the Queen’s letter is a friendly note from Sir Francis Walsingham, recommending Mr. Bowes. London, 3 December [1584]. 3. Letter from Queen Elizabeth to Lord John Hamilton, expressing concern for the embarking of King James the Sixth for Norway, a step against which she would have advised him. But considering how firmly resolved the King was in his purpose, she regrets his absence the less, that he had shewed care for the government of his realm. The Queen congratulates Lord John on his appointment to the charge of the south borders of Scotland, and trusts that he will take order to suppress evil disposed persons. The letter is much mutilated. It bears the Queen’s signature, but no date, the date being apparently obliterated by damp. c. 1589. 4. Contemporary copy of a letter from Queen Elizabeth to the G overnors of Scotland in the absence of King J ames, written in general terms referring chiefly to the King’s voyage and its purpose, and to the state of the borders. The Queen concludes by offering her aid, if found necessary, to suppress any disturbances which might be fomented amongst the nobility. Dated ..at Somerset House, 26th November 1589. 5. Contemporary copy letter. Queen Elizabeth to King James the Sixth, expostulating with him as to his ‘‘ new begun frenzie,” apparently relating to his lenient treatment of the Catholic Earls, Angus, Huntly, and Errol, who were ‘‘ returnit, and thai seine winkit at without re- straint.” The Queen refers also to letters from Rome and elsewhere sent abroad, and men authorised, as is reported, to assure foreigners of the King’s conformity and intention to establish the ‘‘ dangerous partie ” (the Roman Catholic party). She bids him be sure that if he makes his strength “ of sa sandie ane foundatioun as to call to your aid suche aideris as be nocht of your flok, quhair as the ane syd be folische rasche heidbige and braineseik, yit such as may defend yow for thameselffis having no sur anchorrage, if yow faill thame ; and the other quha have other propes to sustene thame thocht thai laik yow.” With further warning, the Queen concludes by excusing her interference on the ground of earnest desire for the King’s welfare. No date. 6. Letter from a convention of the Church of Scotland to Lord John Hamilton, wishing him grace and peace,” and calling upon him to repair with his friends to Edinburgh on the 27th instant, to be in readiness to take order that religion be put out of danger and his Majesty’s person freed from the hands of Papists, &c., the trial of the HISTOKICAL MANUSCRIPTS COMMISSION. 65 Catholic Earls of Angus, Huntly, and Errol being fixed for the 29th MSS. instant, at Linlithgow. Edinburgh, 23 October 1593. Signed by David Lyndesay, Mr. Robert Bruce. — 7. Another letter from the same Convention, addressed to Lord Hamilton, but apparently a circular, referring first to the mercy of Grod towards the country in discovering of the platis ” (plans) of the enemies of the truth, that all men may see clearly their purpose to set up the kingdom of darkness and papistry : intimating that the Catholic Earls and their accomplices were to assemble at Perth on the 24th instant, with their forces, under pretence of putting the Earls to a trial of their reasons in betraying the country to the King of Spain, but in very deed that being thus first assembled in the fields they may perform their enterprise in the overthrow of religion and its professors before they separate or can be resisted. Lord John is therefore summoned, in terms of a special Act of Council and as he will be counted zealous in the cause of Christ, to show himself in a most sensible manner, accompanied by his friends and servants, at the place appointed, to join with others in maintaining the cause of Christ and resisting the godless. Warning him that if the good cause sustain loss by his negligence he will not be held guiltless by G-od. At Edinburgh, October 1593. Signed, Mr. Robert Bruce, Walter Balcanqwal. 8. A series of letters from King James the Sixth to Lord John Hamilton. (1.) A permit in usual form, signed by the King and Sir John Maitland of Thirlstane, in favour of Lord John and his spouse, allowing them to eat flesh in Lent, for their lifetime. Holy rood House, 15 February 1585-6. (2.) An order to Lord Hamilton to convey David Earl of Crawford and eTohn Earl of Montrose from Linlithgow to his house of Kinneil, there to be kept in straite waird” under his charge. At Linlithgow, December 1585. (3.) A missive from the King to Lord John to the effect that as the latter had recently obtained a decree in the Court of Session against James Steuart, chancellor (formerly Earl of Arran) which decree Lord John was entreated by his friends to transfer to them, the King earnestly begs that he ^will keep the decree in his own hands till their meeting, as the King had something to communicate in the matter personal to himself. Holyrood House, 5th December 1586. (4.) Letter summoning Lord John to Edinburgh to be present at a Council on 13th March, and consult as to the affairs of the west border which had been neglected by the Earl of Morton (Lord Maxwell) some time warden. Dalkeith, 7th March 1586-7. (5-7.) Instructions to “ Johue Lord Hammiltoun our Lieutenant in the west, presentlie direct be ws to our burght of Drumfreis for the repressing of the vis and malefactouris vpoun our west marche. At Halyrudhous the penult day of October (30th October) 1587.” These instructions are chiefly formal, and with them are two letters conveying special directions to meet particular cases, so that disorders may be prevented as far as possible among the borderers who had been sum- moned to meet the King at Dumfries. (8.) A holograph letter from the King. “ Goode milorde quhat constant guide opinion I hadd of you & quhat trust I haue in you I declairid be my letre unto you at my pairting & nou be this bearare Coronell Steuart my trustie seruande and youre freinde I send unto you the certaintie of thay guide neuis that ye haue lang luikid for, for U 24964. E 66 HISTOKICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke c Hamilton. iu a uorde all tliingis are succeidit with me sen my pairting according to uishe & haue praisid be Godd as to the particulairis of all thingis I remitt to the saide bear are the ample declaration (sic) thairof quhom I pray you to creditt in sicc directionis as I haue burdenid him uith to deliuer unto you quha uill informe you of my dyett & mynde in all thingis in the meantyme make youre full accounpte that J sail neuer foryett the promeis I maide you in the bischoppis yairde in the abbaye oft reneuid sensyne according to youre uishe & sure hope quhen ye uas a banisht man, thus sen the haistiness of my dispatche uill not permitt me to uritt any farther I bidd you hairtelie fairueill. from Opsloo the first of December 1589. Youre maister in the aulde mainer James ]^, I man milorde importune you for a man heir that I ame sa mekilt behaulden to at this tyme I meine the iustice clerke ‘‘ (Sir Lewis BeL lenden) that for my saike ye will end that particulaire unto him that he hes bene sa lang in suite of ; guide faith, I uill count it as done to myself & thairfore I assure myself I uill not be refusid.” (9.) Letter requiring Lord Hamilton to provide that Mj'. Patrick Hamilton, who had lately returned from Bute and was now seeking to be keeper of Arran, should not only be withheld from that office, but should be forthcoming for his offences, which the King would not have suffered so patiently had he not believed that Lord Hamilton would satisfy him in the matter. The King reminds Lord Hamilton of his special favour in regard to the abbacy of Arbroath. He begs Lord Hamilton’s aid for ane fatherles boy air to ane servand of ouris laitlie depairtit, the mater being small and the onlie thing we seik of the Abbacie of Arbroth, we know ye will nather refuise nor delay our requeist, bet wilbe as willing to satisfie ws in this mean thing as we ar to pleasour you in the haill abbacy. James No date. (10.) Letter of date 24 July (1593), intimating to Lord Hamilton that Francis Steuart, Earl of Bothwell, and his friends had come to Holyrood, and thair in all humilite on thair kneis craved our pardon, . . . . whilk homill petition we culd not hot of princle hvmanite admit and thairfor in caise ony vald inform yow to the contrary that we ar detenit and pressit agains our will and hartis lyking yow sail give na ear thairvnto hot keip yourself quiet and peceabill,” &c. James A postscript in the King’ own hand runs thus ; Milorde thir folkis haue promeisit all humilitie. Suppoise the forme was uoilent & indeid presentlie tliaire is na force heir hot myne.” (11.) Letter holograph of the King beginning : “ Milorde hauing hard of youre cumming this day to the day of law accumpaneit with youre freindis,” and desiring Lord Hamilton, in respect there was no accuser but the King himself, to bring only his ordinary train, sen it is ane ill example to brekk the lau baith maide in parliament & reneuit be proclamation.” With expressions of good will, “ Youre louing freind & maister James I^.” No date. (12.) Letter holograph of the King. “Milorde I haue receaued youre brache for the quhilke I thanke you hairtly, as for the couple of houndis thay or ma sail be reddie quhensoeuer ye sail pleis to sie my kennell rinn, & helps to uaill thaime out youre self thairfore I pray you gather fast that may be abill to beir me cumpany at all tymes, for in guide faith I greine (long) for it ellis ; nocht ellis but fairueill. Writtin in haist. Youre louing freinde & maister James (13.) A letter informing Lord Hamilton, that as the King under- stands he is now more occupied in building than in hawking, the King has been “ so hamlye ” as to retain his “ doogis for the pouttis ” a short HISTOEIOAL MANUSCEIPTS COMMISSION. 67 time, and bids him excuse the bearer returning without them, &c. Falkland, 6 July 1595. (13, 14.) Two letters relating to the baptism of the Princess Eliza- beth. The first, dated from Falkland, 8th September 1596, requiring Lord Hamilton’s presence at a Convention to be held at Dunfermline on 28 September, to deliberate on the matter ; while the second letter, from Linlithgow, 13th October 1596, informs Lord Hamilton that the baptism is fixed for the 28th of November, at Holyrood, that none are to be invited but our awin nobilitie and sum speciall personis of glide rank and accompt, that the same mycht be the mair quietlie and with the lesse circumstance past owir,” and that the King has appointed him one of the ‘‘ gossopis,” and specially requests his attendance. (15.) Letter expressing the King’s hearty good will towards Lord Hamilton, and sending the bearer. Sir Patrick Murray, to receive the Castle of Dumbarton. Holyrood House, 29th December 1597. (16.) Letter informing Lord Hamilton that the Earl of Huntly is desirous to speak with him, to qnhom we haue impairted our mynd in sic particulares as he will acquent [yow] with ; quha being the maist speciall nobilman of your kin and friendschip we dout not of your con- formitie to his aduise and opinioun in sic thingis as he sail imparte to yow in our name sen nature and dewitie obleiss him to be cairfull toward your wele and honnour,” &c. Holyrood, 20th December 1597. (17.) A letter, holograph of the King, referring to the above. Milorde ye haue hadd sa lang and constant a proofe of my fauoure touardis you (as I may . . I haue hadd of youre honest service) that I neid not giue you any farther assuirauce thairof farr lesse that my seekingDumbertaineof you at this tyme is anyuayes for youre disgrace but onlie for sicc other respectis as I causid youre nephew the erle of Huntlie to shau unto you, & thairfore that ye maye haue the greater proofe of my goodewill alsuell towardis you as youris I uill uillinglie consent that youre sonne sail brooke the Abbay of Arbrothe eftir you and that it sail remaine at youre house, quhairof I ame contente that thir pre- sents seme for a promeis in the uorde of a prince & sa assuring you that ye sail finde me alluayes ane unto you I bidd you hairtelie fairueill. from Halirudhouse the xxi. of December 1597. James [This letter is much destroyed by damp.] (18.) Another holograph letter, not dated, also much destroyed. Milorde as I taulde you at youre being withe me I ame sa con- tineuallie braggit uithe milorde Home that I haue to defend the honoure of Scotlande at this tyme, he uill be heir on Weddinsdaye next uith nyne couple of fleing feinds as they saye thairfore I praye you to send me with the bearare tua or three of youre fleitest and fairest running houndis & because in goode faith I ame disprouydit of horsis I uill in a hamelie maner praye you to send lykeuyes with the bearare Griseld Blackstow, or gif he be not in that cace any other hunting horse & on my honestie na boddie sail ryde on him but my self & baith he and youre doggis sail be returnid to you immediatly .... I comandit the guidman [of] Grange to helpe you to choose the doggis. Thus not doubting ye uill be a goode fallou in the aulde maner to this my reasonable request & uith Goddis grace the Englishe tykis shall be dung doun I bidd you hair[tilie] fairueill. Youre louing freinde in the aulde mainer James ]^.” [This letter also in a very illegible state.] (19.) Another holograph letter, also undated. Mylorde the neu uyne is sa . . . & unquholsume this yeir as I haue tane a laith of E 2 MSS. OF THE Duke of Hahiltox, 68 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OP THE Duke of Haiiieton. it thairfore I pray you prepaire Dutche beir for me againe my cumming to Hamilton & because the tyme ye knaw drauis neir it uaire guid ye be- gouth in tyme to prepaire you this farr according to my promeis : all other particularities 1 remitt to my next aduertishement, in the mene tyme not doubting bot ye uill keipe this to youre self I bidd you hairtly fairueill. Youre maist louing freind & maister. James 1^. (20.) Another holograph letter, undated, and much torn, but of no great importance, informing Lord Hamilton by the bearer as to certain ‘‘misreports,” and earnestly begging him to attend the coming diet of Parliament. (21.) Another holograph letter, also torn, relates apparently to a similar subject. ‘‘ Milorde I haue thocht goode to send this gentleman my seruaunde & youre awin freinde unto you to informe you of the treuth of all things that bussie folkis ualde faine putt you in a bussinesse uith I praye you thairfore to truste him & use the aduyce that he uill giue you for sen euer I knew you I neuer . . in youre handis to be mistrustid & I haue neuer yett b . . . . brekkaire to any man & I ualde be laith to beginne . . quho I man confesse brakke neuer to me ; thus remitting . . particulairs to his report I bidd you hairtlie fairueill. James (22.) Letter to Lord Hamilton, in which the King, after the usual greetings, informs him that he had persuaded Lord Maxwell, who had been with the King, to visit his wife and son, and to use himself towards Lord Hamilton and them as becomes. The King adds We haue thairfoir thocht gude sen he is ane cankart young man to beare with him, ressave, welcum and vse him with all lenitie and courtesse that he may think himselff the bettir handillit for our caus and commendatioun and that our persuasion hes done him gude,” &c. Signed “ James E.” Dated at Falkland 23 July 1601. (23.) A letter written after the King’s accession to the English throne, 'desiring Lord Hamilton in general terms to continue in his former fidelity^ and to be assured of the King’s undiminished affection for his ‘‘good subiectis ” ; beseeching Lord Hamilton to assist the Scottish Council in their deliberations as often as required. Hampton Court, 9th August 1603. 9. Letter directed to Lord Hamilton, against Lord Eoss (of Halk- head), who had some time before been denounced a rebel at the instance of Alice or Alison Ross, now spouse of Sir John Melvill, of Carnbie, knight, while letters of treason also were directed against him for ren- dering his castles of Halkhead and others ; and because Lord Ross continues rebellious, and detains his castles in contempt of the King’s authority. Lord Hamilton is authorised to punish him and reduce him to obedience, a commission which is to be executed without delay. Linlithgow, 30 September 1591. 10. Letter from John Marquis of Hamilton to King James the Sixth, while in his last sickness, recommending his “ only and derest sone ” to the King’s favour, with terms of affectionate attachment and a hope that if he recovered, he might yet “ to my great comfort and content- ment to sie your hienes (quhais absenc and depairtour from us as many can beir vitness hes not only bene ane greif to me, bot the only caus of my present heuie diseas).” He is persuaded that his son will find his Majesty’s power to the disappointing of his enemies the Papists, &c. Signed by Lord Hamilton, “ YourMa^^®® maist humbil and most obedient subiect and seruitour J. Hamilton.” Not dated, c. 1604. HISTORICAL MANUSCRIPTS COMMISSION. 69 2. — Letters and Papers of the Time of James, second Marquis of Hamilton. 1604-1625. MSS. OF THE Duke of Hamilton. 11. Letter from King James the Sixth to James, second Marquis of Hamilton, acknowledging a letter and message from the Marquis, accept- ing his dutifull and affectionate purpose of pursuing the same honourable and loving course as the late Marquis, his father. The King promises a confirmation of the Abbacy of Arbroath, &c. Whythall, 5th May 1604. 12. Contemporary copy of the letter by King James to the Church of Scotland, dated 10 July 1618. [This letter is printed at length in Calderwood’s History of the Kirk of Scotland, Wodrow Ed., Vol. YII., pp. 308-311.] 13. Commission under the great seal to James Marquis of Hamilton, appointing him Commissioner and Vicegerent for the King, at the Par- liament to be held at Edinburgh on 23 July 1621. Dated at Oatlands 3 July 1621. [Printed in the Acts of the Parliaments of Scotland, Vol. IV., p. 592.] 14. An approbation of the procedure of the Marquis at that time, and of all things done in that Parliament as honourable for the King and beneficial for the subject. 19 September 1621. 3. — Letters and Papers of James, third Marquis of Hamilton, relating to the Time of the ‘‘ Thirty Years War ” in Germany, &c. 1629-1638. Letters from Gustavus Adolphus, King of Sweden, and others, relating to the war in Germany previous to that King’s death. The more important only of the Swedish King’s letters are here quoted or referred to, many of them being of no special interest. 15. The letter of earliest date from King Gustavus begins: Illus- trissime Marchio, quo affectu ac beneuolentia Illustritas tua nos ac negocia nostra qum iis in partibus expedienda habueramus semper sit prosecuta : id cum ex aliorum relatu turn commendatione Consiliarii nostri et copiarum Britannicarurn Generalis illustris ac generosi nobis sincere fidelis Domini Jacobi Spensij liberi Baronis de Orholmen Domini de Wormston abunde percepimus. Keque enim id tantum III. turn ope ac promotione factum est ut quas per eum militis Scotici Anglicique collectiones hoc anno institueramus felicem celerem que habuerint even- turn ; sed etiam quod generosus Dominus Alexander Hamelton 111. tuse consanguineus ipse nos hie in Suecia visitaverit secretaque et ingeniosa sua inventa nobiscum communicarit. Agnoscimus eum 111. tuae affectum animo benigno : necquicquam magis optamus, quam ut occasio saltern aliqua offeratue qua re ipsa testari possimus quam grate hsec 111. tuae officia acceperimus et quanto earn fauore vicissim prosequamur. Et quia idem Dominus Hamelton simul nobis hie retulit 111. tuam ab eo consilio non esse alienam ut in has eras profuturo anno digrediatur et cum nos in regno nostro visitet turn caeteras Septentrionalis hujus mundi plagas perlustret: Ideo non possumus non laudare 111. tuae propositum eamque assecurare si id itineris in se suscipere libuerit non modo ad- ventum ejus nobis fore gratissimum sed etiam nos ejus praesentiam omni gratia ac fauore regio complexuros. Cui de caetero ad cunefca regiae beneuolentiae officia praestandum benigne sumus propensi: Atque his earn protectioni divinae gratiose commendamus. Dabantur in arce nostra AHesaliensi die xii, Decembris, Anno modc^xxix®. Gustavus Adolphus.” MSS. OF THE Duke of Hamilton. TO HISTOEICAL MANUSCEIPTS COMMISSION. 16. On 30tli May 1630 certain conditions were signed by the Swedish King, who on the same day wrote to the Marquis that his friends Sir Alexander Hamilton and David Ramsay had faithfully explained his determination, which the King gratefully accepted, as nothing could be more agreeable ‘‘ Eo enim tempore nobis obvenit hie nuncius quo nos soli, aliorum opera pro Germanise restitutione jam fere desperata, in procinctu essemus, ut ipsimet in solatium amicorum progrederemur. Quemadmodum igitur non possuraus non maxime laudare tarn genero- sum 111. turn consilium ceu ad omnem posteritatem nomini et familise turn mternum decus daturum.” The King refers the Marquis to David Ramsay for full particulars. Dated at Stockholm 30 May 1630. 17. In the following October the Swedish King wrote to Sir Alex- ander Hamilton that although he knew nothing certainly regarding the efforts made by the Marquis of Hamilton in levying an army, yet as it was commonly reported that the King of Great Britain was giving assistance, he wishes that Hamilton would let him know the state of matters. And if the Marquis still thought to levy the forces and join Gustavus, the latter desired some fit man might be sent to him, through whom their plans might be safely communicated, &c. At Ribnitz, 8 October 1630. [A letter from David Ramsay, who had been sent to Holland, of date The Hague, 8 November 1630, to the Marquis, contains the following sentence, the only one of interest. “ I am in a very good houp boeth from the King of Boheme and the esteatis to procur sum assistance for the aduancement of your lordships affairs . . . My greatest deficulties with the king of Boheme and the esteatis is that they can not belieue that the king of Ingland intendis aney thing reallie for the aduancement of your busines, the wich your lordship must remowe boeth by his letteris and your awine.”] 18. Writing from Stettin in Pomerania to the Marquis, Gustavus congratulates him on the success he had in levying troops, which he learned from letters as well as the relation of Sir Archibald Rankin. In regard to the conditions proposed by the Marquis the King had v/ith Rankin and Mackay (Lord Reay) come to a resolution which he hopes will satisfy the Marquis, who is recommended to put full con- fidence in the persons named, 3 December 1630. 19. Letter in which Gustavus writes to the Marquis that he doubts not that he now knows the King’s mind from Mackay, as to his pro- posed expedition. He earnestly recommends Mackay as a fit and faithful man from himself. He has given orders to Louis Camerarius, his ambassador in Belgium, and to Eric Larson von der Linde, ambas- sador at Amsterdam, as to the junction of forces and supplying warlike material. The Marquis is to communicate with them. He is also to give the bearer, Thomas Convay, a place in the levy suited to his rank and valour, as his services will be of use, and his knowledge of the localities is not to be despised. From Newmark Brandenburg 15 January 1631. 20. On the same date, Lord Reay wrote from Elsinore, informing the Marquis, generally, that he had powers from the Swedish King to “end” with Hamilton in all things ; that the Marquis was to receive a free passage through the King of Denmark’s dominions. The Emperor’s ambassador was at Copenhagen trying to thwart Reay, but he hoped for a speedy and good despatch. The King had promised to send 6,000 men (to meet the force levied by the Marquis) but Reay advises that as it will be difficult to spare these, the Marquis should levy his own 4,000 foot, and the King will send the money to do* it HISTORICAL MANUSCRIPTS COMMISSION. 71 with. An answer to this is requested. Lord Keay goes on “ gew he ^ (the king) send the men he will send Sir Alex’^ Lesly and Sir John Habourn (Hepburn) with ther Douche regements ; he wald hew Lesly to be sargant maijor generall to your excellency, at leist he will com- mand all the kingis forcis that will be under your lordship.” The Marquis is to have twenty warships to attend on him, the King giving 40.000 rix-dollars yearly to pay them. Lord Reay is the bearer of two letters to King Charles I., the first thanking him for his aid given to Hamilton, the second asking the loan of so many ships. The King desires Thornisbek to have the rank of ‘‘ Felt or camp merchell,” with 6.000 men under him, but this is left to Hamilton. The King heiring that I was off mynd to joine with your lordship he wald prewin me with heiping moir honouris 'and profit on me then any evir hed in his armie ; his majesty hes gewin me thrie regementis, and hes maid me Captan off his owin ^gardis whiche now most all be Schottis gentill- men. I could not refous his Majesty’s offeres, bot that your excellency sail sie quhou far I am redy to be your lordships serwant I will laiff all that, and traill a pik wnder you gew I can not serff ,4o no better nus.” He also informs the Marquis that on the 11th November a great victory had been gained by the Swedish King at Colberry in Nether Pomerania, which would have been more complete had the Swedish and Finnish cavalry done their part. Since Reay left him, the King had attacked the enemy’s leaguer, and put most of them to the sword, the rest fleeing to Rostock and other places in Mecklenburg. They haw not a fit now in boithe the Pomers (Pomeranias) bot Gripiswall (Grieffswalde) & Colberry : his majesty hes left garyson in 23 passis and tounes in Pomer and hes marchett up to Selesia with 1600 fit,, 9000 hors, 70 feilding peissis 10 tartou for battery. God hes fochtin for ws all this yeir ; they never reinconterit ws bot 'we beat them steill. I pray your excellency to excous my tedyousnes & evill hand of your excellency’s most humbill servant D Reay.” A postscript states that he had been detained at Stralsund 19 days on his journey by frosts. He adds particular instructions as to the ships required by the Marquis. 21. Letter from Louis Camerarius to the Marquis, thanking the latter for his confidence in the writer ; wishing all success to his designs and promising every assistance. The Hague, 27 January 1631. Signed L. Camerarius.” 22. Letter from David Ramsay to Colonel Alexander Hamilton, the chief purport of which is that he can gain nothing in his negotiations with the Prince of Orange or the Estates, unless the Marquis of Hamil- ton can procure letters to them from King Charles I-, but failing this, he begs such letters from the Marquis himself. Farnsbeck had left Holland for Sweden long ago. The Prinea of Orange and the ICing and Queen of Bohemia were very curious to know what progress had been made by the Marquis in levying troops, &c. Signed D. Ramsay. The Hague, 8 February 1630-1. 23. Letter from the Swedish King to the Marquis, repeating his desire for information as to the progress of the levies, and their intended destination, &c., pressing for more frequent communication with himself and with Camerarius. Stettin, Pomerania, 2 March 1631. 24. Letter from Salvius, agent of Gustavus at Hamburg, to the Marquis ; that his Swedish Majesty had appointed him to prepare for the expected force of Scots and English, and he had obtained from the Prince Archbishop of Bremen free admission to his territories for the troopsy and a kind reception. The recruiting in Belgium for the 72 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE DUZE of Hamilton. German Legion promised to Hamilton by Gustavus was rendered difficult, as the Estates General were themselves raising soldiers. He; had engaged four officers, Lohansen, Gurtzge, Sangeshausen, and du Meny, in levying men, and arms would be ready. Everything was diligently preparing for the arrival of the Marquis. The convention at Leipsic of the Protestant States was dissolved on April, with a firm and long desired resolution that the freedom of Germany should be vindicated by arms. The Swedish King on ^ April had taken Frank- fort on the Oder, and had opened for himself a passage on that side into the hereditary possessions of the Emperor. The place was large and seven regiments (legiones) of the enemy occupied it, but more than two generals and many officers were taken. Salvius concludes “ Deo sit laus sempiterna qui tantis rerum successibus certo ostendit, jam tandem oppressi Evangelii restitutionem sibi cordi esse ; cujus divinse protectioni 111. Exc. vestram me que suo fauori perofficiose commendo. Hamburg! die if Aprilis Anno 1631. Illustr. Excellae. Yrae. Observan- tissimus J. G. (?) Salvius.” [The words after the date are autograph.] 25. Gustavus Adolphus to the Marquis of Hamilton in answer to his requests that the King would send some one whose advice and assistance would be of use, stating that he had despatched Sir Alexander Leslie, knight, who would share Hamilton’s cares, and would complete his labours. The King has given Leslie ample instructions, and has no doubt all things will be done to a wish. But lest any hindrance or delay arise from the King of Denmark, the Marquis will do well if he can procure a letter from the King of England, before the army embarks, to assure Denmark that the expedition will do no injury to friends, but is directed to secure the liberties of Germany, and to beg assistance and favour. From Frankfort on Oder, 28 April 1631. 26. The instructions to Colonel Leslie are very ample, the chief points being, that the mouth of the Weser is fixed as the rendezvous, and the 30th of June, the day oflandingof Hamilton’s expedition, three regiments of foot and 1,000 horse to join him, as promised. If levies cannot be effected in Holland, Colonel Leslie and Dr. Salvius are to recruit in Lubeck, Hamburg, and Bremen. Failing all other sources, three regiments are, if possible, to be raised in England or Scotland. Bremen is to be Hamilton’s headquarters. The King of Denmark is to be assured that nothing is intended prejudicial to his son’s pretensions to Bremen, but rather the maintenance of the present bishop, uncle of Gustavus, and of the right of Denmark’s son to succeed to the bishopric is desired. If Denmark will not assist, he is to be asked not to hinder, but sit still. Particular provisions are made as to money, pay, victuals, ships, obstacles to landing, &c. 27. Letter from Colonel Sir Alexander Leslie to the Marquis, announcing his arrival at Hamburg, that he had made preparations there and at Bremen ; he repeats the statement as to difficulties in the way of recruiting, but will do all he can. He expresses his anxiety to serve the Marquis. Signed “A. Lesle.” Hamburg, 12 May 1631. 28. Letter from Camerarius, chiefly as to money. He trusts the King of Great Britain will favour the enterprise, to encourage the King of Sweden and support the common cause. The Hague, 21 June 1631. 29. From the same, a letter sent by Mr. Ashley; that ‘Ge General Sergeant Maieur Lesle ” will soon reach the Marquis, and that Mr, Elphinston will fully tell him the King’s intentions. He is very glad to learn that the troops are ready, and that they will soon be embarked. He prays for their success, and assures the Marquis that when they HISTOEICAL MANUSCRIPTS COMMISSION. 73 have arrived in Germany in a place of safety, where they can halt, the King will soon take care that his design may be advanced, &c. Signed “L. Camerarius.” The Hague, 7th July 1631. 30. Letter from Gustavus, accepting with gratitude the intelligence that Hamilton’s troops are ready. At Werben of Oldmark, 13th July 1631. MSS. OF THE Duke op Hamilton. 31. Dr. Salvius to the Marquis of Hamilton, that as he understands the Marquis will land in Germany on 5 July, he has laboured, that men may be ready to meet him. He has made a league with the Archbishop of Bremen, who will readily receive the troops, but the writer will reveal no council to the men of Bremen, lest from the multitude of heads, the news reach the enemy ere the Marquis arrive. The King will send from his own army the promised German troops. Salvius relates his negotiations with the Duke of Luneburg, the King of Den- mark, and others. Tilly with his army has been driven from the Arch- bishopric of Magdeburg by Thuringia to the confines of Hesse. It will therefore be fitting if the Marquis, coming to the Weser, and casting anchor at Blexen and landing at Gertendorff, should take possession of Bremen with friendly violence. Then with fortifications raised above Bremen, and a front presented to the enemy, he may wait till joined by the German troops sent by way of the Elbe, who may occupy Stada, and with the provincials may clear the rest of the province. This is the writer’s opinion and that of some of the Archbishop’s councillors. At Hamburg, -j-\ July 1631. Signed ‘‘ Observantissimus quoad vixero J. G. Salvius.” 32. Gustavus Adolphus to the Marquis of Hamilton, rejoicing that he and his forces had arrived safe and well on the coast of Pomerania. The King would not have been displeased if the Marquis had landed at the Weser, because he considers this a favourable time for driving the enemy from the Archbishopric of Bremen, but since the voyage had terminated elsewhere, the King trusts it will be as successful. If the Marquis will lead the soldiers by the River Oder towards Silesia, he will meet the four thousand foot and upwards of one thousand horse, who are under the command of General Leslie, and have received orders to fight under the Marquis. Orders have been given as to corn. Should the Marquis desire to come to the King he will be well received. Wer- ben of Oldmark, 3 August 1631. 33. From the same, notifying the Marquis of an intended move- ment of the enemy, and desiring him to hasten as far as possible the progress of his troops. At Old Brandeburg, 20 August 1631. 34. From the same, despatching James Spens, Baron Orholm, &c. to act as the King’s agent with Hamilton’s army. The town of Misnia Gemberg, 3 September 1631. [The letter is addressed to Hamilton as “ Exercitus nostri in Nova Marchia et Silesia Generali.”] 35. From the same, addressed to the Marquis as General of the forces on the Oder, professing that it was the King’s care since Hamil- ton’s army landed, that it should be transported to where it might rest after the journey, and its bravery made plain not only to the enemy but to all Germany. As the Elector of Saxony is to lead his force into Silesia against the enemy there, the King has resolved to call Hamilton to join himself in middle Germany. He therefore has sent General John Baner who by his force at Havel may guard the Elbe, and who will explain the King’s will more fully, &c. From the castle of Aterr [Artern ?], 20 September 1631. 74 HISTOEICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke ( Hamilton, 36. Letter of the same date, from General Leslie, informing the Marquis that there is a deficiency of warlike material at Crossen and Frankfort. Leslie has written to the Prince Elector of Brandenburg, that the soldiers may be entertained there, &c. From Frankfort, 20 September 1631. Letter in French, signed ‘‘ A. Lesle.” 37. Gustavus Adolphus to the Marquis of Hamilton. The King has sufficiently learned the state of the Anglo-Scottish army from Hamilton’s own letters and those of Spens and Leslie. That so many soldiers should be sick, so many dead, and the army reduced one-third in so short a time, he bears all the more hardly that he had been assured of its strength and bravery, and was anxious it should make these clear to that nation. As under God, his victorious arms had opened the way to many places in Germany fitted to nourish even large armies, and as the Elector of Saxony had undertaken the defence of Brandenburg, the King desires Hamilton on receipt to move the remaining English force, and to follow the King, the way being safe from the enemy. He had written to General Baner about the invalids, &c. At Erfordise (Erfurt?), 24 September 1631. 38. The same to the same. Kejoicing to learn from the Marquis by letter dated Custrin, 13 October, of the progress of his fortunate ex- pedition, the rout of the enemy at Crosen, and the occupation of Guben. The King can easily understand that Hamilton’s army is enfeebled, but he promises himself so much from them and their valour, that he has ordered their forward march, not doubting the Marquis will hasten them. General Baner will endeavour to remove any cause of delay. Wurzburg in Franconia, 30 October 1631. 39. Gustavus Adolphus to the Marquis of Hamilton. A formal letter, appointing and accepting the Marquis as a third party or umpire in the negotiations and treaty to be entered into between King Charles I., acting through Sir Henry Vane his ambassador, and Gustavus Horn, for the Swedish King. At Herbipoli, 9th November 1631. 40. Draft (apparently a translation ) of proposed ‘‘ Conditions of Confederation between the Kings and Crownes of Sweden and Great Brittayne, to be agreed upon.” The conditions are ten in number. The first clause is general, and the second and third arrange for mutual accommodation as to men, ships, prizes, &c. between the two kingdoms. The fourth clause is the principal one, referring to Bohemia as the original cause of confederation, and providing that every effort be made to restore the King of Bohemia to the Palatinate. (5.) He is also to be established in the Electoral dignity. (6.) To this end, the King of Great Britain is to pay monthly for two regiments of horse, each 1,500 strong, and eight foot regiments. (7.) The absolute direction of war and peace shall be in the hands of the Swedish King, with a certain control from Britain. (8.) Britain is to oppose invasion of Sweden by sea. (9.) The subsidy shall end with the war. (10.) The confederation to last years. 41. Another letter from Gustavus refers to the same subject, but is merely complimentary to the Marquis. Dated 28 November 1631, apparently from Mentz. 42. Of the same date, the King writes that General Leslie must take command of the force of Camp Marshal Achatius Totten, during the latter’s illness. Dated from the Camp at Mentz [Moguntinensi], 28 November 1631. HISTORICAL MANUSCRIPTS COMMISSION. 75 43. Copy of a letter from General John Baner, regretting that his op^h^Dukeof former letter had been misunderstood by the Marquis, but still pressing Hamiltoi^. his advice that Hamilton, with his diminished troops, should retire from " the siege of Magdeburg to Halberstadt. He grounds this advice on orders received b}'’ himself from Gustavus, and desires to know if Hamilton has received others. He has done his best to obtain money for the troops, but had received none. He can only suggest relief from Halberstadt. Leipzig, 16 December 1631. 44. Draft letter in Lord Hamilton’s handwriting, apparently in reply to the above. When I receued your excellency’s letter I could not heauie imagened to a found that in itt which I did, the being disapoynted of my munnis I smally walow (tho I heauie yuse for itt) hot your propositioun of the retiring of my trups in respeckt of the could is so preiuditiali to me, both in regard of his Majesties strik commands (which was to dou my best for the attackting of Madeburg) and my oune reputatioua as I had rader lous my lyf as faill in the performans of the WOOD, or in the leaist degri hasard the lousing of the other, and beliue me, so long as ther is wone man before this toun (unless the King Majestic countermanding) I ame fully resolued not to budge from itt, being both myself, offisars and remnant soiours most willing and I hoope as abill to indoure whatsoeuer extremati of could or whatt eals may befall, for the aduansment of his Majesties saruis, as ani who ar aliue. Cure wants I ame confident will not be greatt, the countri being weill abill to supply them which I dout not bot your excellency’s kayre will seea performed ; this I thoght fitt to acquent your excellency withall committing you to the protectioun of God beiing and willing to remain your exallens freind and saruantt.” Hot signed or dated. 45. Draft (or Translation) of letter, not addressed or signed, but evidently from the Marquis of Hamilton to Count Wolfgang of Mans- feld, then commanding in Magdeburg — an extremely courteous letter —intimating that he had orders from the King of Sweden to besiege Magdeburg and reduce it, which orders he is bound to obey, yet he is desirous consistently with honour to deal with his opponent after a mild waye and with such discretion as is fit to be used amongst Cavalliers.” He then states that by an intercepted letter from one of the principal persons about the Count, whose name to specifye wee are sparing as not intending to occasione any inconvenience to any Cavallier that serveth agaynst us,” he has become acquainted with the state of the garrison. He in all love and amity suggests that it would be more profitable for the Count and his soldiers to treat of surrender, ere matters reach an extremity. He warns the Count that later, con- ditiones would & must be harsh and unpleasing.” He recapitulates the state of Germany and shows how little relief may be expected. Concluding by again expressing kindly feeling. Dated at the Camp before Magdeburg. 46. Translation of Count Mansfeld’s reply. That he had received Lord Hamilton’s letter by a trumpeter on Christmas day, the holydays and the importance of the subject causing delay in answer. He gives a summary of the letter to him, and denies the statements in the inter- cepted letter, and declares that relief is not so remote as alleged. He would not however incur a charge of rashness or stubbornness, and would not be averse to treat, if assured (1) that the conditions should be honourable, (2) that they would be performed, (3) that time might be allowed for a message to Tilly to know if he would rescue the place, 76 HISTORICAL MANUSCRIPTS COMMISSION. MSS. or THE Duke or Hamilton. (4) he desires that the prisoners in Hamilton’s hands might be libe- rated, either on exchange, or for a month’s pay. He promises a corresponding delivery of prisoners in his own hands. He requires an answer to these conditions. Magdeburg, 28 December 1631. 47. Letter from ‘‘John Hamilton” to the Marquis of Hamilton, informing him that requisition had been made to the Prince of Anhalt for maintaining the troops in Halberstadt, but Baner’s forces were already there and the King forbade their dislodgement. He refers to the difficulty of obtaining money at the dorps and Halberstadt, but that the officers will do their utmost to keep the soldiers together. The companies however were weakened so much that the officers were obliged to let the burghers keep their own ports and walls. He looks to the Marquis for an order to receive money to pay the troops. Halberstat, 18 March 1632. Signed “Jo Hamiltone.” Series of draft letters, most of them undated, from the Marquis of Hamilton, during his campaign in Germany, apparently to King Charles the First. [The letters from that King to the Marquis during the same period have not been found, but they are printed in Bishop Burnet’s Memoirs of Jhe first and second Dukes of Hamilton. The letters are very brief.] 48. The following seems to be the first of the series : — “ I found the King [of Sweden] on the other syde of the Ealue [Elbe] att Werbin strongly intrinched. Tilly was within foure leages of him who had intelligens of my landing and he heiring that I was cum, thoght my men was cam with me to the campe, and dubbill the nomber that they wer. This with the king sending for his Felt Marchall and the rest of his armi, med him geaiue presant order for his baggage to march and the nixt day therafter his wholl armie, bot whidder, itt is unsertan, bot most think bake to Madeburg for till he be ther the countrie is so wasted thatt itt is imposabill for him to gett prouisions. The king doueth follow him and is resolued to giue him battell for nou he is much stronger; his armi consistes of 18 thousan futt and neir 7 thousan hors. Tilly numbers much les both of hors and futt. The king heath appoynted me to gooe wpe the Ooder and so into Silesia and by the tyme that I cum to Frankfurd he will heaiu eather ther or farder wpe his forsis to ioyne with myne and so togidder I hoope in God we shall go fordwert. I heaiu rasoun to make haist to gett thidder, for till I be past that and ten dayes march farder ther is nothing bot ane extremati of plage and faming beyoind im agination n.” [This letter was probably written about August 1631. Cf. No. 37 supra^ 49. In the next letter, Hamilton refers to the battle of Leipzig, in which Tilly was defeated, and adds “ I heaiue not hard frome the king sins the battell bot tou dayes befor I reseuitt ane strik command not to aduans into Selesia bot to lay befor Gastrin to secure his retreatt in kaise he wer betin, and in the meine tyme to secure the passis of Crossen, Frankfurd, Lansberg and sundrie other plaissis upone the Oder frome the armie of Selesia which is abeufe 14 thousand futt and 6000 hors. This is ane greatt sircill which he heath giuen me charge of and I must dou itt with my oune men (who sikkins and dayes apais by rasoun of the extrem infectioun thatt is in all thir partes) for as yeiit I heaiue sein non of his Majesty’s bot 300 futt and 200 hors, and which is woors Crossen besiged by the tyme that I came heir, yett I dou not dout bot to defend Jhe place if I cane put in men and ammunitioun for the douing of which I lieau sent Lesly with 500 men ; HISTORICAL MANUSCRIPTS COMMISSION, 77 whatt euent itt health takin I dou not yeitt knoe. I heaiue acquented the^Duke oe the king with this and I expeck eueri day forsis from his armie for Hamiltoi?. itt is sertan he will straue all thatt he cane to beaitt this armi lykwys, ” thatt being doune he may gooe withoutt ani oppositioun where he pleaisis. Nou is the tyme, I ame most confident, for your Majesti to obtein your desyre for when I wrytt last to your Majesti I did not imagin that souner nor the spring ther could ani good heaiue bein doune, neather durst I presume to aske assistans frome your Majesti, nor will I yeitt for I knoe if ye fynd itt fitt, itt will be doune wnre- quyred yeitt I beshich you giue me leiaue to say (and I will pane [pawn ?] my lyfe itt will be performed) thatt if your Majesti dou really ioyne with the king of Sued, that the empriour shall be forsed to take whatt conditiouns ” [Here the letter ends abruptly, part being torn away]. 50. Sir, in my last to your Majesti I shew you that Crossen was beshided and that I had sent men to the releif of the toune, wher they no souner arayued hot the eanimi retired (tho they wer resol ued to fall on that morning) and left 5 greatt Cabbars (?) behind them ioden with amunetioun (hot garded with ane warkgard) which we tucke. Within sume feu dayes ther-after intelligens was broght me (I beiing at Frankfurd) that Guben a toun in Selesia, wher ther lay 2500 men of the eanimeis that 2000 of them was retired and only 500 left who keiped bot bad gard wher upone I presantly sent Lesly with 600, bot my intelligens prouued bad for they keiped good wacli and had barred wp tou ports, the 3 had 2 draw briggis and was shut. My men loged in the subburbs wher they could not be sein by thoes in the toun and expeckted the tyme of the doun letting of the brige which they did at sun raysiug which Lesly beiing aduertised of geaiue presant order to charge with sume feu hors, think [ing] so to gett in to the toun and they to make the port good till the fut shuld come wp bot befor they could gett thidder thoes in the toun had shutt the port, bot my hors belt them from the brigh. The futt came presantly wp and after half ane ours disputing of the place beyond expecttatioun cutt with hacchets ane hole in the port wher sume feu men went in and opended for the rest ; which doun all thoes in the toune fled eather in to housis or in to priuatt strites wher numbers of them was killed and 250 takin prisoners ; 4 captans sunderi lou- tennand and under ofSsars, 2 captans of the king reliued. All the shogers heath takin saruis under me. This I dar be bould to say, if I had bein so happie as [to have] bot the half of thoes forsis which I expeckted from the king, (bot they heaiue ben slo of marching for I heaue sein non of them saif 200 hors and 400 fut) without greatt lose I woold heaue cut of 2500 men and taking 22 peise of ordinans. Tou dayes ther-after I was to goo try if I could lykwys heaiu surprysed Glogo (Glogau) the second toun of Selesia bot that same night I reseuitt order frome the king to march efter him, the coppy of which letter I heaiu sent you, which I will intreatt ye will sho my most gratious master, shoing me that the Elector of Saxonye had takin wpone him the defens of the wholl dominion of Brandeburg, and chiefly this is the cauis that I heaue not aduansed farder in Selesia yeitt if thoes forsis of his had bein cum to me I woold heaue neutered a chyding and wintered in Selesia.” [This letter, though begun as if to King Charles the First, was sent to Lord Carlisle with a copy of the Swedish King’s letter of 20 September 1631, No. 35 supra.'] 51. Another letter, to King Charles, refers to the preceding, and relates the same facts more briefly. The Marquis concludes in reference 78 , HISTORICAL- MANHSCEIPTS COMMISSION. MSS. to the order of Gustavus, I must obay his commands for with the letter, order came that the countri shuld intertein me no longer, and * the few hoors I had shuld gooe for the Ealbe [to] the king. Itt will coost me six weiks march and I feeir the remnant of my mens layues who (tho I say itt) heaith doun him the better saruis (albeued we beau foght lytell) then trys as mani men euer did.” 52. To King Charles the First, written after the arrival of Sir Harry Vane in Germany, as ambassador to the Swedish King. Lord Hamilton refers to an interview with Sir Harry, receipt of letters, 8cc., and adds : I shall not neid to trubbill your Majesti with the relatioun of this Kings estatt at this tym, itt being so weill knoen to the imbassador. Whatt myn is may in feu woords be expresed, for thatt day [on] which I marched from Custrin I was forsed to leauie abouf 1000 men that I had thoght could heauie gooe abought most of which had the plag wpon them and neir 1000 befor was put in quarters. I heaui not manie abouf 1500 fre and yeitt with them and sum Duch futt and 1000 Suaids hors, I heau blokked Madeburg in the which ther is neir as mani men. I dar not think of suces yeitt I hope to remain ther till I heir your Majestis ladder resolutioun. 53. Another letter, about the same date, and repeating the same items of news, but adding some particulars. Thus, after stating that the affairs of Gustavus and his demands, wo7ild be known through the Ambassador, the Marquis writes, ther schars passis one weik thatt affaires doueth not qwytt schans, yett tho’ I must confes he [Gustavus] still prospers I ame of the opinioun thatt he is nou in as great danger (if not mor) as he was in befor the battell of Lypspg] ; a peais he confidently affirmes is offered and sueires to me he will embras itt bot I can not beliue itt unles your Majesti giue him assistans which if ye think fitt to dou itt must be royall greatt and tymusly and shuch a woon as must subsist of itts self for tho he shuld wndertak to furnis both Duch hoors and futt (which he must haiue) I feir he woold scars performe bot straue to make the same yuse of thoes men ye send thatt he heaith den of myne which woold turne to ther yuter reuing and preiudiciall to your Majestis honour. Itt is thoght heir by eueri wone of iudgment thatt wpone youre Majesti’s resolutioun depends the wholl estatt of Germani, nou in thatt disorder as in the lyk cayse itt heaith neuer beine. If your Majesti fyind itt fitt really to ioyn it is imposabill to wrytt att this tyme whatt will be fitt for your Majesti to dou in mani particulars bot by my nixtt I shall shou your Majesti [what] will be best and most conueniant.” The writer is nov^ about to return to his troops before Magdeburg. He repeats his statement about their number, and adds, “ I heauv order, if I fyind itt [the blockade of Magdeburg] not fasabill, to retyre my men to Haiberstatt and ther to winter .... I will not trubbill your Majesti with the wants thatt my ofSsars will be in this winter for I heaiu not reseuitt wone penni as yeitt frome the king, nather am I in much hoope, the tyme beiing past thatt wndertuk to intertain them, yett I will dou my best for I ame confident itt will proue for your Majesti saruis.” 54. Auother letter to King Charles First, written while before Magdeburg, about the beginning of January 1632. ^‘Sir I heauie wrytt to your Majesti diuers tyme frome this place, bot I heir most of them ar intersepted. They contened att lenth the excessif ambisioun and intollerabill pryd of the King of Sueden. I was lykwys bould to sho my opinioun whatt was fittest for your Majesti to dou in thir affaires which is not nesesair to trubbill you with nou in regard I ame confidentt that long before this cume to your hands your Majesti will HISTORICAL MANUSCRIPTS COMMISSION. 7:9 be fully resoluid. The extrem miseries of this pour armi was lykuys shone and hou my men and self heath bein yused. The toun of Made- burg was cum to ane capitolatioun and within feu dayes woold heau randered, hot the second day of our conferens they had intelligens thatt Pappingham was cuming with ane armi to their relif wher wpone the treti brock of. Our forsis beiing mighttily delayed and devyded in seuerall doorps, [villages] mad us lay unsecure if he shuld heaiu cum on with his armi and they att the same tyme salleid out of the town. This heath med ws coleck all our forsis to one bodie att Sallsa 2 myls from the toun wher I expeck the cuming of the Duck of Wemar Sax with 5000 men. Wpon his ariuall we ar resolued to giu him battell the good succes of which is of mighty consequans to the King of Sueden. The eanimies armi will be 10000 fut and 2000 hors ; ours neir that strenth. They lay within 4 or 5 myls to the toun and as yeitt heath got in no secours I ame confident thatt within 8 or 10 dayes this busines will be desyded if the extrem timerusnes of Gr. B. [General Baner] hindered itt not who tuys or 3 allredi heaith takin the alarme tou hott.” He con- cludes by stating that it is more than a month since he heard from the King of Sweden, the way between them being very unsafe. 55. A week or two later, Hamilton writes ‘‘Sins my last frome Saltes the eanime heaith quitt Madeburg more nor strangly for God knoes we had no intentioun to feght and far les to trubbill the toun yeitt whatt they imagened I kno not, hot they heau left itt, and all gone in the greattest disorder thatt ever men did ; we on the other part retiring in the same fasshoun, beiing hartily weri of Banneirs kair- fulnes. I heaiue left him and will not trubbill your Majesti att this tyme with thatt which T heaiu suffered. My offisars and remnant soiours ar in the winter quarter wher they ar hot badly intertened. I beiing forsed to rekkin with them, and oblige myself to see them payed for the tym they heaiue serued which is dubill thatt I was prouyded for, yeitt the sum is not much, hot more as I do expeck from the king of Sweden.” 56. To King Charles the First, acknowledging receipt at Halberstadt of the King’s letter of 31 December [1631] (printed in Bishop Burnet’s Memoirs, page 21); and rejoicing at his Majesty’s continued favour. The Marquis proceeds to justify himself from certain attacks on his reputation in regard to his relations with his officers, their pay, &c. He concludes by a reference to overtures for his levying a new army, a subject which is repeated in a short letter, perhaps about the same date and from the same place. Mentz, 19 February 1 632. 57. A letter from Hamilton to King Charles, answered by that King on 30 April 1632 [Burnet, p. 22]. “ May it pleais your Majestie. Eueri day sins my last by Sir Jacob Ashly I heauie beine expeckting a resolutioun frome the Chanseler, to whome I was referred, for my dispach which att last in sum mesurar I heaiue obtened tho not much to my content. As for munis to giue my offisars satisfaction he plainly tels me his master beiing now gone to the feillds heaith left lyttill or non heir behind him, neather doueth he belieue hot thatt I heaiue mor nor suffisiant of my oune to dou itt with, in regard itt was declared to him by your Majestties imbassador and yused as ane argu- ment of your Majesties louf and affectioun touerds his master and the cause thatt wolanterly ye had giuen me aboufe ane 100 thousand [pounds] to performe this jurnay. This heaith bein so far frome beiing contra- dicted by me as I heaiu acknowledged [its] treuth, which I had off before wryttin to his master, that your Majesties assistans was fare MSS. OF THE DTJKE of Hamilton. 80 HISTOEICAL MANUSCKIPTS COMMISSION. MSS. OP THE Duke op Hamilton. greatter then I had order to reweill and sins your Majesti had giuen command to your imhassador to mak itt knoen thatt itt was treu ; and thatt your assistans and fauor was iustly to be waloued by me fare aboufe thatt sume (which by my part of heaiuen I doe more then all the munnie in the earth) yeitt I hoped he woold consider thatt the raiseing, transporteing, arming and the intertening of abouf 6000 men nou neir 9 munth, with at leist 30 peis of ordinans, with all nesi- saires belonging to them, with a siiffisiantt train thatt much of thatt munnie could not be resting which he granted, and said his master had giuen him command to assur me thatt itt did much trubbill him he could not giue me sattifaction att this tyme hot I might confidently expect itt (which I confes I dou not) if this or ani thing eals thatt I can dou may aduans your Majesties ends I heaiue my wish. I lykwys desired thatt thir offisars which I heaiu heir might heaiue meins to recreu ther men, to give them so much munnis as woold dou itt out of Ingland. He had itt not, neather was ther quarters to be found for so mani heir. I pressed this in regard of your Majesties desyre of heaiuing sura of your oune subiecks heir. Att last he health condesended thatt the 4 regiments shall be reformen in tou and that eaich of them shall consist of 12 companies, and giue quarteris for ther stuenning with Duchis. I fyind still if I imbras the conditions of heaiving ane armi thatt itt must be wpon the Waser, for I clerly sea thatt the king will not trust me in the Pallatinatt, or att leist not till he seeais whatt conclusioun the treatti takes betuix your Majesti and him, so I ame resolued not to pres thatt poynt farder att this tyme bot will dispach my offisars and giue them content so far as I cane and I most humbly intreatt thatt if your Majesti heaiue occasion to yuse men of ther professioun that ye will be pleased to remember them. Therefter I will gooe to the armi wher 1 shall attend with ail deu deuotioun your Majesties commands,” &c. 58. Memorandum, without date, in the handwriting of the Marquis of Hamilton, evidently giving an account of an interview with the King of Sweden. “ His Majesti did first congratulatt my recoueri in a most hard and kynd fasshoun, therefter inquyred of me whatt itt was I had to say, seing my lord Spens had tould his Chanseler thatt I desyred to heaiue a resolutioun in sum things which he did not make plain anuf to him. My answer was thatt I did humbly intreatt his Majesti that he woold be pleaised to lett me knoe, if he intended to imploy me, for to continou in the forme I was in I found itt trubbillsum to his Majesti and exsessif chargabill to my self. He tould me ther was nothing he desyred more nor was ther ani man leuing in whome he reposed more trust bot the way which he did intend to mak yuse of me was frous- tratt, by the desolutione of the treatti betwix the king of Ingland and him bot if I woold yett stay and same him he was most willing to assaing me sum countri wher I might rais ane new arme. I replyed thatt his Majesti had manie generals thatt was much more abill and fittinger to be imployed thatt way then I was, both in regard of ther knoulege of the countrie languag and maner of thatt fasshoun of leueis. He tould me language and knolege of the fasshoun of leuiing without munnis upone contributioune could be supplyed by manie of my countrie men which ueill understud both. I replyed that I conseued the best saruis thatt I could dou him was with his Majesti of Britane subiecks yeitt sins itt was his pleisour I was willing to undertak thatt charge, so his Majesti woold nominatt the part for my leuis and lett me seea the way how to performe thatt which he desyred. He tould me thatt for the presan he could nominatt no place bot so soun as he saw whatt sucses his affairs bad with Walsteid then he woold, and in the mein tyme he lioped I HISTOEICAL MANUSCRIPTS COMMISSION. 81 woold heaiue patiens. I intreatted him thatt he tvoU be pleaised to re- member I was fare frome my countrie and thatt itt was neir i 5 munth sins I oame from itt and his Majesti weill knew both whatt I had laid outt and lykwys whatt I had reseued ; thatt his Majesti might iudge by my cariage sins I came to his saruis ; thatt if I could longer heaiu delayed I wold not heaiue chosen so unsasonabill a tyme as this was to beau pressed for his resolutioun. Wpon the which he gaue me mani thanks, hot in the continouing of his discours £el in to a most bitter rage against the imbassador, expressed with shuch a passioun as I heaiue not sein the iyk, and compleaned lykuys of the couldnes of the King of Ingland to his broders cause. I declyned the discours as much as I could, yeitt he contiuoued in itt abouf ane quarter of ane oure.” 59. To King Charles the First. The first portion of this letter is in cypher, and seems to refer to an important interview between the King of Sweden and the English Ambassador. Hamilton then writes as to his own affairs, ‘*I most humblely beg of your Majesti, if ye heaiue not allredie, thatt ye will be gratiously pleised to lett me knoe your command and plisour conserning my farder imployment under this king ; which if itt may in the leaist degrie aduanse your saruis I shall under- tak with a most chirfull hart tho’ all the misfortouns in the wordill should follou me with itt, other uays I must confes I ame not uerie ambisious of farder imployment heir yeitt I must euer say this thatt in the wordill lines not so knoing a commander nather is ther shuch ane armie to be found to put in executioun his heay and braue undertakius and without all dout if he woold hoould firem and reall frindship with thoes who was oons his (but thatt is feired) and indeuore a-right to obtein thoes whome he might heaiue his trew freinds, not only the Pal- latinatt woold be quikly restored hot all German! under his obaysans. I woold say sumuhatt of the King of Boyem bott I knoe nott whatt more then thatt he lines heir as ane priuatt wolantir. He is contented with this way of lyf bot I knoe not another thatt is much in loufe with itt or ambitious long to karie thatt name. For my oune part I feir my accommodatioun will be so euill during the tyme thatt I ame of thatt number as I shall he constraned to remain in sume tonne till I be meaid happi by your Majesties commands, the treu performens of uhich shall euer be the chiffer kair of him who is borene and obliged in the heayest degrie to dey Your Majesties most humbill thankfull obediantt saruantt and lojmll subieck, Hamilton.” Auxburg May. [1632]. 60. Copy, in Latin, of Articles to be concluded and ratified between the Kings of Great Britain and Sweden. These are slightly different in form, though similar in tenor to the Conditions of Confederation already noted [No. 40 swprd\. One variation is to the effect that Great Britain shall pay 40,000 thalers a month, evidently in lieu of troops. Another clause provides that the religion in the whole Palatinate shall remain what it was before the war, nor shall it be altered in anything. No date. 61. Commission by Gustavus Adolphus, King of Sweden, to James Marquis of Hamilton, to levy a new army of ten or twelve thousand men. In usual form. Dated at Fiirth, 8 September 1632. 62. Letter from General Sir Alexander Leslie, announcing to the Marquis of Hamilton the death (at the battle of Lutzen) of the King of Sweden. My most noble and honourable good lord. I have thought it ex- pedient to mak to your excellencie this sad nar[ra]tioun of the lament- U 24964. F MSS. or THE Duke op Hamilton. 1 82 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OP THE Duke op HAMILTOI f, able death of our most valarouse and worthie chiftaine who in the sixt of November did end the constant course of all his glorious victories with his happie lyffe so : — His Majestie went to farre on -with a regi- ment of Smolandis horsemen who did not second him so well as they should, at the which instant ther came so thick and darke a mist, that his own folkis did lose him, and he being seperate from his owin amongst his foes, his left arme was shote in two, after the which being shote againe through the backe fainting he fell upon the ground, one the which whill he was lying one asking him whate he was he an swear ed King of Sweddin, wherupon his enemies that did compasse him thought to haue caried him away, but in the meane while his owin folkes comeing on striueing in great furie to vindicate his Majestie out of ther handis, when they saw that they most quite him againe, he that before asked what he was, shote him thorough the heade, and so did put ane end to his dayes, the fame of whose valoure and loue to the good cause sal nevir end. When his corpes were imbalmed ther was found in them fyue shottes and nyne woundis. So ar we to our wnspeakable greife deprived of the best and most valorouse commander that evir any souldiours hade and the church of God with hir good cause, of the best instrument vnder God .... I pray the Almightie that it would please his supreame majestie now to stirre the King of Boheme and to make choyce of him in this worke which indead is brought vnto a great measoure of per- fectioun, neither doe I think that ther salbe any defect in these his valorous souldiours and followers, in whome ther is not the least suspicioun of jelousie, hot this al men knowis that a bodie can not long subsist without a head which giues such lyffe and influence, ather good or bade, as it hes radically in it selfe when it is present, and when it is cutt away cutts away with it selffe all lyffe and influence. As yit this bodie hes done well, for indeid the victorie was ours, and Papinhame is killed, Wallenstoune wounded, Corronel Commargen killed, with many other greatt officers which yit I cannot particularly nominate. The eneraie left the towne of Leipsich and Duke Ewiene of Lunemberie hes beseiged very hardly the castle, and I think be now it is taken in. Duke Bernard of Veimers hes persewed Wallenstone with the relictis of the Emperours armies, and hes so compassed them about that I think also by now they are ended. Now it remaines that we turn our sorrow to revenge ... I intreat your Excellency to haue me in your remembrance as one who sail evir be readdie and willing to serve your Excellency to the verie outtermost of my power. Of which assureing my selfe and wishing your Excellency all health and happines, I rest your Excellency’s faithful servant till death. A. Lesle. Stade the 26 November 1632.” [The signature alone is in Leslie’s handwriting.] 63. There are in the Hamilton Charter Chest a number of letters to the Marquis from the King and Queen of Bohemia and their son Charles. None of these, however, possess sufficient historical interest to be noted at length, being of a purely friendly and complimentary character. King Frederick addresses the Marquis as “ Monsieur mon cousin,” and subscribes himself as “ Vostre tres affectione cousin Frideric.” The only letter in this series worthy of more than a passing notice, is the following from Prince Charles : — My Lord and Cousin. I am sorrie to begin my acquaintance with you upon so heavie an occasion as the death of the King, my deare Father ; in the want of whome I have not onely lost the bringer-up of my youth and provider for my estate, but the meanes of showing my obedience and thanckfulnes for both. I will labour to discharge that dutie in the perpetuall honoring of his memorie and of such as were his frends ; among whome I under- HISTOKICAL MANUSCRIPTS COMMISSION. 83 stand you were one that intyrely loved him, and was alsoo partaker of his love. I beseech you let the same descend to his unfortunate heire who will never depart from his example by remaining Your most affectionate freind and cousin Charles. Hag. this 4 of January 1633.” 64. Series of letters to the Marquis of Hamilton from the Privy Council of Christina, Queen of Sweden, daughter and successor of King Grustavus Adolphus, with other Swedish noblemen, from 1634 to 1637. Of the contents of these, brief indications may be given. (1.) Copy letter, dated Stockholm 26 October 1634, expressing pleasure that the Marquis had abated none of his affection for the evangelical cause in Germany, &c., and recommending Mr. Eleazar Borthwick, as a forerunner of a solemn embassy to England. (2.) Letter from the Privy Council of Queen Christina, recommending Sir John Skytte, Governor of Livonia, Baron Duderhoff, &c., to the Marquis as ambassador from Sweden to England. Stockholm 29 October 1634. [There is also a letter of recommendation to the Marchioness of Hamilton, mother of the Marquis.] (3.) Letter from Axelius Oxenstierna (the Swedish Chancellor then in Germany) expressing friendship, and recommending Sir Michael Blom as agent in Britain. Mentz, 12 November 1634. (4.) From the Swedish Council, referring to the Swedish Ambas- sador’s high opinion of the Marquis, and expressing a hope that he will further the friendship between England and Sweden. In answer to a petition by the Marquis for Sir William Spens, the Council express great regard for the widow and children, and state that though Spens’s barony of Orholm cannot be alienated, it may be mortgaged on behalf of the creditors. Stockholm, 9th July 1635. (5.) From Gabriel Oxenstierna, Chief Steward (Archidapifer) of Queen Christina, chiefly to inform the Marquis that the Swedish field- marshall Count de La Gardie had arrived at Pillow with fifty ships of war and an army of 20,000, whom he had so disposed as to be ready for any event. But as the sixth year truce (inducise illae sexennales) is prolonged for three weeks, the writer hopes that by the intervention of so many ambassadors, the causes of the said war may be removed and further effusion of Christian blood may cease. Stockholm 17 July 1635. (6.) From the Swedish Council, transmitting to the Marquis as a mark of regard six brass cannons (tormenta). Stockholm 31 July 1635. ( 7 ,) A friendly letter from Sir John Skytte^ also referring to the cannon, which the bearer of his letter will deliver. Stockholm 20 August 1635. (8.) From Gabriel Oxenstierna, Chief Steward, informing the Mar- quis that the Swedish Queen, satisfied of the zeal of Sir Alexander Forbes, had enjoined the writer’s brother. Sir Axelius Oxenstierna, Chancellor of Sweden, and Swedish. Ambassador in Germany, that if need were he should give Forbes power to levy one or more regiments in Scotland for the cause. Forbes had also received letters begging leave for the conscription from the King of Great Britain, whose nephews were interested, and the aid of the Marquis is hoped for in the matter. Stockholm 28 March 1636. [There are also three letters on this subject, levying troops in Scotland, written by Axelius Oxen- stierna, but merely complimentary to the Marquis. Two are dated from Wismar, 2 April 1636, and one from Stralsund, 24 April same year.] F 2 MSS. OF THE Duke of Hamilton. 1 MSS. or THE Duke op Hamilton. 84 HISTORICAL MANUSCRIPTS COMMISSION. (9.) Letter from Mr. Eleazar Borthwick, announcing to the Marquis that he had arrived safely at Grottenburg and would set out next day to Stockholm. He states that the Chancellor was to remain in Sweden that month at least. ‘‘ Ther is heire a levey of the bravest men that hes gone from Swadin these manie yearrs. Col. Hew Hamiltone is married vpone my Lord Spens widdow this week. I hope the master ofForbese with the rest of the officerres which wer heire will acquent your honour with quhat is passed bettwix the Eex Chancelour and them,” &c. Dated from Gottenburg 3 April 1637. (10.) Letter from Maria Eleanora, Queen Dowager of Sweden, to the Marquis, ‘‘ Illustrissime Princeps, Consanguinee noster carissime, venit ad aulam nostram ex regno Magnae Britanniae vir spectabilis Eleazarus Bortwick et oblatis iuxta audientiam fidei literis, prolixe nobis Dilec- tionis Yestrse amicitiam studia et officia detulit prassentato quoque nobis nomine Dilectionis Yestrae gradario equo, qui nobis longe fuit acceptissimus, eius in nos singularis affectus expressum exhibuit testi- monium : non possumus autem non facere, quin hac responsione Dilectioni Yestrae testaremur, quantum ipsi vicissim debeamus.” The Queen concludes with further expressions of regard. The letter is dated at the Palace of Gryphsholm, 1 May 1637. Signed in the Queen’s own hand, Yae Dih® Consanguinea Maria Eleonora manu propria.” (11.) Axelius Oxenstierna to Hamilton, intimating that the Queen of Sweden had appointed Lieutenant-General Patrick Euthven [after- wards Earl of Forth] to act for her with the King of Britain. Stock- holm July 1637. (12.) Long letter to the Marquis from Petrus Eosensk old Pra?ses Gothoburgensis,” expressing gratitude for his reception at the English Court, where he had received a title of nobility, and stating that in testimony of his gratitude he had named an infant, born after his return to Sweden, after King Charles the First, &c. Gothoburg, 25 July 1637. (13.) From Axelius Oxenstierna, accrediting Sir Michael le Blon to the British Court. Stockholm, 30 September 1637. 65. Letters to the Marquis of Hamilton from various officers who served in the Thirty Years’ War. Dates 1633 to 1638. The earliest of these of any importance is a letter, in French, from General (?) G. J. Peblis. He refers the Marquis to M. Curtius for a relation of the state of Germany. He had hoped to send more news, but the movements of the enemy had so blocked the way, that he had been compelled to take three weeks to make a journey, for which otherwise one week would have sufficed. The Duke of Feria coming from Italy towards the Tirol, it was thought he would not fail to go to Bavaria, there with Altringer to oppose the Swedish designs, but Altringer had gone to meet the Duke with the greater part of his forces, and they had united in the Upper Swabia near Bibrach. Since they had established themselves in Swabia and menaced the writer’s party on the side of Ulm and higher, towards the Duchy of Wirtemberg and the source of the Danube, the Marechal du Camp had been compelled to raise the siege of Constance and to go to meet Duke Christian of Birckenfeldt, and Duke Bernhard will also join them when the other two have passed the Ehine. They encountered the enemy between Dutlingen, a village of Wirtemburg, on the Danube, there very small, and Engen, a village of Baron Pappen- heim’s. The enemy had posted himself in a very advantageous place, and showed that he would not willingly be forced to fight, which our men desired, as they were stronger in cavalry and believed that their infanti y, though fewer, were better than those of the enemy, who were HISTOBICAL MANUSCRIPTS COMMISSION. 85 largely composed of Italians, new levies. But he was so much on his guard and defended himself among the mountains, woods, and other vantage ground that he could not be forced. Some days were spent in this way, nothing passing but skirmishes, favourable now to one party, now to the other, when the enemy made demonstrations as if he wished to enter the Duchy of Wirtemberg lower down, and spread a report to that effect, which was confirmed by the prisoners- Our men believed this the more readily because they knew the enemy’s lack of provisions, and that he could not readily procure them. The Marechal du Camp, however, desired to delay at Dutlingen and to observe the motions of the enemy before moving himself. A council of war decided to go to Dutlingen to protect the Duchy of Wirtemberg our magazine of provisions, hoping to draw the enemy to a general engagement, or to waste him by want, as he would be forced to march b^y places where there was neither food nor forage, or to descend to the plain where he could not escape a battle. But the enemy, as soon as he perceived our march, retraced his path and passed to the Waldstett, situated on the Bhine between Basse and Shafhusen, guarded by the Marquis of Baden’s people, and gaining three days before our troops took the Waldstet through the folly of its guardians, who had nothing to do but burn the bridges when they would have been safe and the enemy entirely ruined for want of victuals. Having gained the bridges, the enemy crossed with his whole army into AlSasse, where there was no one but the Rin- grave with his flying force, who raised the blockade of Brisach, and went to defend the towns of Colmar, Schlestat, and Benfeldt, which he did so well that with the few troops he had he hindered the enemy from going further, until the Marechal du Camp and Duke of Birckenfeldt by a long route passing through the valley of Kenzig and by the bridge of Strasburg joined him (the Ringrave). Duke Bernhardt has returned by forced marches into Bavaria to menace it in the absence of Altringer. In Alsace various skirmishes have taken place, all favourable to us ; the Ringrave has twice beaten up the enemy’s quarters, and killed each time two thousand, but the enemy, though the stronger in the absence of Duke Bernhardt, avoids a general battle, holding himself where pro- tected by the rivers or mountains towards Franche Comte, and seeks to- fortify himself by the Burgundians in place of those he has lost, for he has lost 6,000 men since he left Engen. And certainly the Italians would have all disbanded, but for the folly of our Swiss, who thinking to do the enemy an ill turn, did him a great service, for the common people killed all the disbanded Italians, being enraged by their pillaging and burning villages, so that the poor devils, seeing no way to return to Italy, agreed to remain in the army, despite their ill will to it, if they did not wish to be killed. From Saxony and Silesia there is bad news, but not being sure of the facts, the writer will delay them to his next. Affairs are confused where he is, which will entail a longer sojourn than he intended, &c. Written from Zurich, 30 October 1633. “ De vostre excellence le tres humble et obeissant seruiteur G. J. Peblis.” He desires this letter to be communicated to the Secretary of State. 66. From the same. That nothing had been done lately. Duke Bernhardt has sent his troops into garrison at Ratisbon and neighbour- hood ; the Marechal de Camp being in the lower Swabia about Nor- lingen and in the county of Otingen, to be near Bavaria. General Banier is preparing to go into Bohemia, and an endeavour will be made to carry the war into the Emperor’s possessions. The death of Wallen- stein is reported, but the writer is not yet assured of it. The Diet of Erfurt is delayed, and the Grand Chancellor is already on the way MSS. OF THE Duke of Hamilton. 86 HISTOKICAL MANUSCRIPTS COMMISSION. MSS, OP THE Duke op Hamilton. there. In Italy men are being massed to reinforce Feria, but the Italians love the German war but little. The writer is sure if they return, they will be made to fast more than they would do during Lent in Italy. The Pope is sick and his death is feared, for which I am sorry, for he is a worthy busybody, who loves the Spaniards no more than I do. Monsieur de Crecqui remains at Pome to act on behalf of the French party, if the Pope die, in short, to procure the choice of one who will be no more Spaniard than the present. The French are in the Palatinate, what good they will do to us there I know not, but I see well that the poor Palatine family has little support, and in the end it will be compelled to choose the lesser of two evils. For under the House of of Austria we will never return, if God will. The writer thinks peace impossible or disastrous to Germany, if it comes otherwise than by a victory. The writer concludes with pious wishes and an expression of trust in God and the justice of the cause. Written from Zurich the last day of 1633. 67. From the same (in French). That he has received no answer to his letters, except two from M. Cur tins. After some general reflec- tions the writer states that he is going to Frankfort to assist at the Diete des Evangeliques,” which will be held there. For the news of that part, the writer has laboured, as far as possible, to preserve peace in these provinces, and also to be sufflciently provided with all things necessary for a gallant defence, in case they cannot have a sure peace, because of the malice of their neighbours. He had visited and con- ferred with Marechal de Camp Horn, at Ravensbourg on their frontier, where Horn and his army were quartered, and hope to have peace assured, whether their neighbours wished for peace or war. The 13 cantons have at this time their deputies assembled at Baden ; what good they will do we shall hear ; the end of that Diet will show whether there will be peace or war. At Ravensbourg the writer received news that the Governor of Ingolstat, named Colonel Schwelzer [? this word is blotted] had gone with 3,000 men to convey victuals into Wiltzbourg near Weissenbourg, blockaded and pressed enough ; our men advised of it assembled 800 horse and 700 foot soldiers, and since they could not arrive in time to hinder the enemy or the delivery of 100 sacks of wheat, they pursued him when retreating, and although the foot could not follow, the 800 horse did not fail to press him so close that he was compelled to fight, near Aistet. The enemy was completely routed, 500 killed, and 1,000 made prisoners, including the said Governor of Ingolstat and Colonel Has- lang, with 16 captains and many other officers, and all their waggons were taken. The Ringrave also had been fortunate in Alsace, for having totally defeated the Count of Salm, Governor of Saverne, three weeks ago, he has attacked Sulz and some other places which he has taken, and although Marquis William of Baden who is on the side of the Emperor, the Duke of Loraine, and Marechal de Camp Schauenbourg assembled a force twice as strong as that of the Ringrave, yet he has attacked them near Dan, forced them to retire, taken 7 officers [cor- nettes], made the Count of Lichtenstein prisoner, with three Barons, and 100,000 crowns. The Duke of Loraine withdrew himself with a few men into the county of Burgundy, the other two went to Brisach and left the Ringrave master of the field. Between times, while the Rin- grave beat the enemy, the Marechal de la Force on the part of France has sent his garrisons into Hagenau, Saverne, Richshouen, and Hohenbar, the last being the key of Germany towards Loraine. The writer delays his opinion till his return to Frankfort to hear what has been HISTORICAL MANUSCRIPTS COMMISSION. 87 said there. It is hoped that by the spring their party will be sufficiently strong for the field ; the Marechal de Camp hopes to have 18,000 men, Duke Bernhardt 30,000, and the Duke of Birkenfeldt and the Eingrave, each a good number. General Banier will have a strong army, and men come to him from all sides, except what tlie Elector of Saxony will have. While preparing for war as much as possible peace is still spoken of, a thing which the writer deems difficult beyond measure, if it be not impossible. The writer prays that his party may not be deceived by an imaginary peace. Of this he is sure, they will never make truces, let the Elector of Saxony do what he please, but will have open war or a firm peace. He hopes to write from Frankfort, and will wait a reply. Written from Zurich, 17 February 1634. 68. Letter to the Marquis (in French) from John Hamilton of Guichery, excusing his freedom in writing by his descent from the ancient house of the Earls of Arran. He has five sons, three of whom are in Hol- land, the oldest being an Ensign, the second a squire of Monsieur de Bouillon and the third also a soldier. His two youngest sons, one fourteen, the other fifteen, are with him at home, and they are the subject of the letter in which he earnestly begs the Marquis to receive them as pages. His own father was a page in the family of the Duke of Ohatelherault. He subscribes himself Vostre treshumbie et tres- obeissant seruiteur Jehan Hamilton de Guichery.” Dated at Guichery, 15 March 1634. 69. To the Marquis, from a clergyman named John Dury, stating his labours in Germany to procure peace ; that after he had ripened the matter so far that both sides condescended to see the afiair publicly undertaken, on his return he had delivered to the Archbishop of Canterbury letters from most of the churches to intreat him to favour their intentions of procuring Ecclesiastical peace, and bee a meanes to- wards his Majestic to move him in due tyme to bee a blessed mediator and director of so glorious a worke betwixt the Churches.” In answer to the writer’s expressed desire for direction, the Archbishop had promised two letters, one to the Eeformed and the other to the Lutheran party, to declare his affection to the work, etc., but had given no particular directions what to do. The writer had been at great charges and desired and had received promise of preferment : “ My Lord’s Grace of Canterbury of his owne accord (I not sueing for it) did proffer unto me a benefice, which hee did craue from the King in my name ; but when I went to Exeter to take possession of it I found that the place was not vacant, but that the incumbent therof was aliue and in good health ; so I did loose my labour.” He pleads his inability to do more in the business on his own charges, and begs the Mai quis to influence the King in his favour. Signed John Dury,” Westminster, 29th March 1634. 70. Another letter from G. J. Peblis, written (in French) from Frankfort, excusing his delay in writing by stating that he had made various journeys since his arrival irom Switzerland, that there was nothing worth writing, and an uncertainty that his letters would be delivered. The roads have not been too safe, on account of the enemy’s troops, who in the Westerwaldt and on the Ehine in the bishopric of Cologne had giuen some trouble. The young Count of Wirchenstein had opposed them, and compelled them to retrace their steps. The writer refers to the victories of tlie Rhine-Graf, described in the pre- vious letter [No. 66 supra\ but adds that France had gathered the MSS. OF THE Duke of Hamilton. 88 HISTOEICAL MANUSCEIPTS COMMISSION. MSS. fruits. Leudres andBruntrout which bj that victory ought to be in our hands, are taken by the French, besides their advancing still upon Brisach, a place which could not escape us unless the French hinder, and so im- portant as it dominates the Rhine from Basle to Strasbourg, and God knows what France wants at Strasburg itself, if they make themselves masters of that place also. For myself I am afraid that poor Germany will be in no better state from the French than she was formerly from the insolence of the Spaniards, for the dominion of the one is as in- supportable as the other ; but alas ! what can I do. In the past I pro- posed that some one should aid our young Elector that he might be armed, and show himself such as he ought to be in all reason ; nothing followed. I understand there are some who think him too young ; but the late King of Sweden marched at the head of an army when only 16 years old, and by that means made himself what he was ; and the rule of Philip de Comiues is ‘‘ it is to be noted, that all those who have ever been great and have done great deeds have begun young.” He who begins late will do no great thing, the life of man is short, and arms are more for youth than for later years. Duke Bernhardt of Weimar was only 16 when he began that profession ; the late Prince of Orange was only 17 when hia father was assassinated, and when he undertook that great war ; the Prince of Orange of to-day was only 15 when he Avas in the battle of Flanders, and a year later he had the charge of general of cavalry. And if we wait longer, I fear we shall arrive after the feast is finished. There are also some who think if his Highness did not meddle in the affairs of Germany, he would be better justified to ihe Emperor: I confess if his Highness would forsake God and please men, prefer earth to heaven, change his religion, and become Papist or rather Atheist, for the one must be the other, there would be some hope on that side, that he would live a slave for some years, in- differently at his ease, should our just cause, ^vhich God forbid, succumb. The House of Austria seeks not alone the extirpation of the true religion,^ but also of freedom. And if our party, as I pray God with my whole heart, have the best fortune in this w ar, assuredly there will be very little regard for him who has not laboured, but only looked on. What does it avail to that young prince to be born of the noblest families of the world, deriving his descent on the father's side from Charles the Great, continued through kings and famous princes to himself, and deriving his maternal descent from the crown of Great Britain so splendid in the W'Orld, if while alive he must be either a slave or a do- nothing. Did it please God that by my blood I could procure for him (the elector) the honour and splendour which pertain to him, I assure your excellency I would not spare a single drop, but alas, I can give nothing but wishes and poor words, which go to the wind and are little esteemed of men ; the great God will hear my prayers. I believe this discourse will be troublesome to you, but considering your excellency's kindness, the love you bear me, and the share you have had in this matter having 4d.«o the honour to be near in blood to that prince, I can- not delay to open, as it were, my heart and display my griefs to a generous friend who will compassionate me. It is with me as with some who believe that their sorrows would be lightened, if only they could tell them to a faithful friend. But let us leave complaints and speak of affairs. The enemy after the assassination of Wallenstein by the Scots and Irish have found means to appease tlieir army and to strengthen themselves, at which I marvel, as I firmly believed that after such a tragedy a great change would follow. The Duke of Bavaria being himself in the field with a strong army has re-taken Straubingen HISTOKICAL MANUSCBIPTS COMMISSION. 89 and Cam, and I think that he will attack Ratisbon. Duke Bernhardt MSS. will go to oppose him ; we will shortly see the result. The Marechal de Camp Horn has had good success in Upper Swabia ; he has re-taken — - all that the enemy had, except Memmingen and some places on the lake of Constance. But he will be forced to join with Duke Bernhardt to oppose the Duke of Bavaria, while France will take her turn. General Banier along with the Elector of Brandebourg’s troops will go to make a diversion in Silesia, and attract thither some Imperial forces, in order that Arnheim whose plans since the death of Wallenstein are doubtless changed, may be better able to meet Gallas, who commands the army which was Wallenstein’s. A fair army is formed in Lower Saxony and Westphalia, which will be commanded by Duke George of Luneburg, and will unite with the Landgrave of Hesse to oppose the Spaniards, the Elector of Coloigne, and the Duke of Nibourg ; and as I hope, some troops of the Estates will join them. The Ringrave is master of all in Alsace and in la Soiendgouie,” except what the French have wrested from him, and Brisach which we dispute. He will preserve what the Marechal de Camp has gained, and will clear the “ Brisgouie ” being in the neighbourhood, and having the passages of the Rhine free by means of the Waldstet which he has taken. The Diet here is begun . . . There is also talk of peace in which I do not at all believe, unless we are forced to it by the proceedings of France, for she would fain have us beat ourselves, but desires to take for herself the profit of our labour. If we fight, they are only spectators, after the enemy is defeated, taking those places which ought to be the reward of our labours. You see my lord, on what terms we are here, waiting for what- ever good thing Ambassador Oxenstierna will bring us from England. . . . I will say nothing, but that I have not yet seen the effects of the promises of Monsieur the Grand Treasurer,” etc. Written from Frankfort the last of March 1 634. 71. Letter from hlr. Curtius (Agent for the Elector Palatine) to the Marquis of Hamilton, written in French. Although the Ambassa- dors of the Elector of Saxony may not carry agreeable news to the Assembly of Frankfort, yet the said Elector has not ceased to act in person, having accompanied his army towards Lusace where be has taken by the way seven pieces of cannon which were going to Bauzen. They write from Dresden that the town of Bauzen is in the hands of the Saxons but they do not distinctly say if it was taken by force or if the Imperialists abandoned it of their own accord. The expedition of the Elector is thought able to retard that of the Emperor towards Prague, and that the latter must detach a great part of his main army to cover the flank of Bohemia. The army of the Elector of Brandenbourg assisted by the Dukes of Pomerania and Mecklenbourg is assuredly destined for Silesia and will be commanded by Banier as Marechal de camp. It is accounted the strongest infantry which is in Germany. The corps of the Catholic League on the Weser has made a feint of wishing to penetrate to the seige of Hildesheim and to pursue the result so markedly connected with the destruction of Hoexter ; but the Protestant forces taking good courage, and the levies of the Landgrave, placing themselves in the breach, cooled their resolution. The Duke of Bavaria made extraordinary prepara- tions in the Upper Palatinate, and along the Danube, and Colonel Wahl has insulted the Nurembergers to whom he has shown himself and has levelled an entrenchment between Hirschpruk and Laufien, having since taken the route of Altorf, The Rhingrave is still bent upon the seige of Rinfelden, having reduced Colonels Mercier and MSS. OP THE Duke ^ HAMILTOIf, 90 HISTORICAL MANUSCRIPTS^COMMISSION. Schmitt to desperation by refusing quarter, as they say. In the meantime many soldiers are engaged there and the last assault which lasted two hours was fruitless to the Swedes, who have left there a good number of their men. The Count of Schaumburg goes as Ambassador extraordinary from the Emperor to the French King, etc„ Signed M. Curtius. At London May 1634. 72. To the Marquis of Hamilton from Robert Weir ” (perhaps of the family of Stonebyres) giving an account of the movements of the army in Silesia. He states that they had their rendezvous before Frankfort (on the Oder) on the 8th of May, which they took in eight days, then marched to “ Grossen ” which they took in six days, but the ‘‘Due of Sason’^ had taken Glogau “and did not desyr our com- pani in the Slesia so we marched to Freystadt ’’ then to Sagau, Griffen- burg, and Fridland, which last they took. Then to “ der Zijt [Zittau] quhair the enemi seing vs march by the toun being besiegit by Arnem hopin for relieff tint hart, so Arnem stormed the sam nycht and tuk it. Nixt day we brak up and marched throw the hills into Bohem and lodgit at Bohenslieb. To Aus[cha] fra thence to Littmirritz quhair Don Baltasser was lying with 8000 horss and fut ; hot as son as thai saw that we war fully resolved not to sport with them thai past the watter [Elbe] and burnt the bridg not being abone 20 killed to thaim so we played on thaim with canon hot thai marched foi Prag, quhair the next morning we marched for Rautnitz bot thai defended the pass that we passed 2 myll higher to Melnick quhair we gott 3 prams and so past our infantrie and small pices in a littill Hand quhair we could waid to the vther mainland and so passed. Four regements of horss wes past, and than past our muskettiers which waidit, not being above the belt and than past our coders and the rest of our horss and lay wil the Due of Saxon cam with his army which he past lykwayis in twa day is and marched for Prag quhair the nixt morning about 8 of the clok we aryved at Marie de la Victorie quhair the enemi had som groves of horss standing bot thai stayed not long bot wer beattin in to a schance and trenchis that thai had maid on the end of the Whyt berg amongst the wynzeards nixt to the town wher we marched hard to them, quher we sustained som loss with ther canon both amongst our horss and fut. Ther wes once a resollutioun takin to storme thair trenchis bot it semes the Due of Saxxon wes not willing for it wald have trubilled vs ; thai wer to the number of 15000 men as thai report, Collredo and Don Baltasser. We continewed 3 dayis wher ther wes grit hunger, for ther wes nether bread nor forrage, nether is 4 myll fra Prag, for the di versiown that wes in winter hes spoylled all about Prag, that for fait of victuall we war forcit to draw back to Melneck quhair the Due of Saxxon past the watter and we marched down the watter to Littmirritz and intrenched our self aganst Littmirritz and maid som 8 redouts quhair we could draw our battell vp behind them, quhair we haue lyne this fyue weikes. We are to brek vp schortly. I think we sal march to the enemi, God send vs gud speid.” The writer concludes by referring to a report that an English army of 12000 men is to be sent to the help of the Union, and that the Marquis is to aid. He hopes for employment as no one as yet had won a sixpence. Signed “Robert Weir.’’ Littmirritz 28 August 1634. A postscript states that “ Maria de la Victoria ” was frequently set on fire, but did not burn, though badly smoked — there was nothing but bare walls. 73. Another letter, also from Leitmoritz from “ David Drummond/’ probably Sir David Drummond, who narrates in a more summary HISTORICAL MANUSCRIPTS COMMISSION. 91 manner, and with differences of detail, the events referred to in the previous letter. Their proceedings had been hindered by the “ Our- first ” [Kurfiirst] of Saxony. Sir David and Major-General Leslie had beleaguerd Landsbergh in ‘‘ the Mark ” [Brandenburg] on 16 March and had taken it. They then retired with their troops again to Pomerania until summoned by General Baner to meet him before Frankfort (on the Oder) where they arrived on the I4th May and the town surrendered on the 23 of the same month. They then marched into Silesia, where Sir David took Crossen, capturing 900 soldiers who went into his service, and 150 officers, to whom he gave quarter. The Saxons objecting to their further advance into Silesia, they marched into Moravia and Bohemia, as narrated in the previous letter. ‘‘ Ve ly still (at Leitmoritz) ; the Saxons lyis abov be Koninggratz and Bonsell and hes holden vs vp vith good vordis ever since that they will joyn vith vs and advance to the enemy. In this men tym hes ther Imbassador bein treting at Pirn vith the Empreoris Imbassador qvha givis them nov not ane good vord since they hav gotin Rengsborgh and nov hes again betin som off Duck Bernard his trovpis and Gustaff Hornis. Ve ar this veik to brek vp from this to joyn vith them giv ve kan in the Overpals [Upper Palatinate]. The Saxonis vill be forst to pas from this, for they allon ar not fastant, againis the enemy qvha vith the help they hav gotin from Regensbergh [Ratisbon] vill be 10,000 Cavalre and 6,000 Infantre.’’ The w'riter concludes with the usual compliments, and subscribes himself, Your Lordship’s most hooinble and obedient servant Dauid Drumond.” Litmoritz in Bohemia 11 September 1634. P.S. The 12, ve having brokin vp efter the Chansler his order. Being redy to brek vp the Duck of Brandborgh his leter kam till our Feltmerchalk Baneir that he vald lat his folk ly ther ; he vret also to his avin 5 Regementis to tak no mor order from him giving owt he did it becavs he vas affreyit the enemy vald fall on his land since ve vent from that. It is ane of Arnom [Arnheim] his policeis to let him joyn with the Saxon as I suspekt they will. Your lordship vill excus my groft vreting for my study is mor to devys hov veak trovps sail beat the stronger, then in exercising to be ane good secreter.” MSS. OF THE Duke of Hamilton. 74. Copy translation of a letter from the King of France [Louis XIII.], informing the Marquis that he had written to his brother-in-law, the King of Great Britain, by Mr. Hepburn, brother of Colonel Hepburn, to ask permission to levy in Scotland some companies to augment the Scottish regiment commanded by Colonel Hepburn, in the French service; also to beat up for recruits for said regiment, the levies being needed in haste. The writer earnestly begs the Marquis to further his desires. From St. Genevieve des Bois, 10 October 1634. 75. A letter signed J. Setone,” apparently John or Sir JohnSeton, one of the Scots Guard in the service of the King of France. He writes chiefly about some affair of business personal to the Marquis, but towards the close of the letter he adds, ‘‘ As for neuis ve hier the Em- prieurs arme is strong, and God villing his Maestes [Louis XIII.] arme vilbe abouufe four scoir thousand men this spring. I suld desyr from my hert that our leues vair grantit for completting of our Scotis rege- ment for al they that ar heer dois viel and ar in goud account. As for our Scotis gards I vil neuir vreit any moir. Sine their is no cair taking to restablis it I sal tak my tym and salbe most sory to be the last Scotis Lieutennant, sua I kis your hands as ane that is, your lordship’s,” &c. Paris, 3 November 1634. 92 HISTOEICAL MANUSCEIPTS COMMISSION. MSS. OF THE Duke ( Hamilton. 76. Another letter from Sir David Drummond. That of late nothing of moment had occurred to write about German affairs until now that ‘‘ the Eleotour of Saxonie hes concluded ane peace with the Emperour by himself without advice of the other Prinees confeyderatis and not- withstanding wald bind them to the observatioune of it howsomever pre- iudiciall.” Sir David sends a copy of the treaty in the original, as he had not time to procure a translation, being on his way to Erfurt, to command there. “The enemyis ar lying strong beyond the Duringer wood [Thuringer Wald] and mey fall upone our folkis withe advantage we beeing (by this peace) denuded of the help we expected ; quhairfoir we have nied to be watchfull and provident. As theis wer a wryting we had newis that the Electour had maid a two monethis trewis langer with the Emperour, quhilk I tak rather to be ane prolongatioune of the publicatioune of the peace till (by his intercessione) he have moved some neicbbour princes (quha as yit thinkis hard thairof) to condiscend thairto, for the nature of ane peace admittis no trewis.” Sir David promises further news if any. Written from “ Hal,” 24 January 1635. [This letter is in the hand of a secretary, the signature alone being Sir David’s.] 77. Letter from General Sir Alexander Leslie to King Charles I. Very short, merely expressing his devotion to the King’s service, and referring to the Marquis of Hamilton for an account of affairs in Germany, as narrated in the following letter to the Marquis. Written from Herford, 9th May 1636. 78. General Leslie to the Marquis of Hamilton, as to their “ German proceidings,” to be communicated to the King. “ All our bussines goes werie weell hithertilis. Feltmarshall Banneir hes and doeth carrie himself bravelie, as I doubt not bot General Lovetennent Ruthwen will acquaint your lordship, who hes bein ane actor with him ; bot for the present in respect that Feltmarshall Hatsfield is come to the Saxon with a great secourse so that Banneir is not sufficient aneuch to give them battall, Banneir hes besyt Magdeburorh with his footmen and is reteired to Tanger-mund attending our forces from Leifland and Finland who is thocht will arryve befoir this come to your lordships hands. In the meane time he is stryving to wearie the Saxone by marching to and fro in a waist land wher ther is nather intertainment for men nor horse and thairefter he will tak his best advantage of them. Feltmarschall Wrangle who commandit in Prussia is to have the leading of the armie ordanit for Silesia ; he is at this present in Hinder Pomer attending the proceedings ofMarazin, one of the Emperour’s Generals. As concerning this armie in Westphalia commited to my charge, our beginings praisit be God hes beine succesfull. The first rancounter we had with our eniinie wes at a castle vpon the Weser called Petershagen whiche I unpatronized and took of prisoners one Baroun Ketler, a Colonel, with the compleit officiars of a regimept and 285 souldiours within a day thrie or four efter by wmy of a pairtie whiche wes commanded out we defait tuo regimen tis took certane rutmaisters and souldiours and aucht conietis. Thairefter we marcht towardis Osnabrig for the releif of it whiche is now frie ; then taking to consideratioune that Minden, a town vpotj the Weser where the Duk of Lunenburgh had his garrisone wes a pas of great importance and behouefull to have for the good of the common cause anil the better assuirance of our armie I marcht to it and by a meane acquyrit the same and hes put in a garrisone into it with the vhiche the Duk is not weell pleased. I am at this present at Herford within 2 litle myles of the enimies leager, attending the conjunctione of the HISTORICAL MANUSCRIPTS COMMISSION. 93 Landgrave Hessen his forces whiche I have long solisted for, and wherof now I have assuirance by ane expres whiche the Landgrave lies sent to me.” When the forces join Leslie means ‘‘ to try the behaviour of the enimie.” He is resolved to visit “ Hannav,” where Sir James Ramsay is governor. He refers to another skirmish on 6 May, in which his troops were victorious, and adds if it be that the restitu- tione of the Palatine can come no vther way hot by way of armes, the neirest and most convenient way for his Majesties projects towards the advancment of that interest is be Westphalia wher I sould think myself happie to attend his Majesties commande mentis, and to doe his Majestie service with these people committed to my charge,” &c. Signed A. Leslie. From Herford, 9 May 1636. [A letter of General Leslie, written from Stoltenou, 16 April 1636, recommends to the Marquis, Colonel Robert Monroe, who had commission from Sweden to levy troops in Scotland for the army commanded by Leslie.] 79. To the Marquis from Lieutenant-General Patrick Ruthven (afterwards Lord Forth). After compliments, &c., he writes that the preparations of the F'rench King for war were great against the Emperor, the King of Spain, and the Duke of Lorraine ; he had also sent to the Cardinal Infant a message declaring war, to which the answer was delayed. The writer had no wish to take service with the French, his regard for the late King of Sweden leading him to continue his services there. Signed P. Ruthuen. At ‘‘ Deip,” May 1635. A postscript refers to an encounter at Montbeliard between the Marquis de la Force and the Duke of Lorraine, in which the former had the advantage. 80. Another letter from General Leslie, giving a short account of affairs since the retreat from Torgau. The enemy followed them and lodged at Tangermund, Heustadt, and ‘‘Swetli,” and when Leslie arrived at Stettin and found the war becoming defensive, he took oppor- tunity to pass over to Stockholm to arrange the affairs of the army. The enemy had assaulted Field Marshal Wrangel’s quarters at ‘‘ Anclame,” but had been repulsed. Marshal Baner had detached three brigades of foot to Wrangel’s aid, and followed with his main body, so the enemy’s attempts had been hindered, in passing over [the Oder] at Stolpe many of his men were drowned. Leslie hopes that as Duke Bernhard had crossed the Rhine, he might effect a diversion in their favour, otherwise it would be difficult to hold out against the number of the enemy. He trusts intervention will be made ere it is too late. Stockholm, 15 September 1637. 81. Letter signed “ Ja. King,” described as General King, written from ‘‘Bottburrigh,” 12 September 1638, the chief point of which is ‘‘ though the Prince Elector be not as yet very considerable in strength, his affayres are so layd that a small tyme may render him so, having not only treated but concluded with the best part of the Hessen cheifes in case the suspension of armes betwixt the King of Hungary and the Landgravine precede to a setled peace ; and having likewise sum commissions abroade for new leauyes which joyned with the troopes he hath already on foote and those other of the Hessens, will make a strong body of an army.” General King presses the Marquis for aid, &c. 82. Letter, in French, apparently signed Bernhard,” from the Duke of Saxe Weimar, announcing in a few words the fall of the important fortress of Brisach, taken by him. From the Camp at Brisach, if December 1638. OF THE Duke of Hamilton. MSS. OF THE Duke of H iMILTON. 94? HISTORICAL MANUSCRIPTS COMMISSION. 4. Papers and Letters of James third Marquis, afterwards first Duke of Hamilton, relating chiefly to the contest between King Charles I. and his subjects in Scotland, &c., 1637-1647. 83. Letter from John, first Earl of Traquair, to the Marquis of Hamilton, representing the troubles and fears of the Scottish Privy Council in regard to the service book. Edinburgh, 27 August (1637). [Printed at length in Bishop Burnet’s Memoirs of the Dukes of Hamilton, pp. 31, 32. Bishop Burnet also prints a number of letters and other documents, one or two of which have not been found, but they may have been obtained from other sources than the Hamilton Charter Chest.] 84. Original Instructions to the Lord Justice Clerk (Sir John Hamilton of Orbiston) to represent matters to the King. [March 1638.] Copy signed by the lay members of Council. Printed by Burnet. 85. Another copy, signed by the Bishops of Edinburgh, Dunblane, Galloway, and Brechin, accompanied by a letter from the Earl of Roxburghe. The letter dated Dalkeith, 14 March 1638. 86. Two Proclamations, both superscribed by King Charles First, not dated, intended to allay the fears of the Scots. [One is printed by Burnet.] 87. Another Proclamation, also without date, appointing the Marquis of Hamilton to settle disorders. [Circa May 1638.] 88. Instructions to the Marquis, five in number, the first agreeing to dispense in the meantime with the service book, &c., and not to bring them in “ without due approbation.” Indorsed Instructions penned by the Earle of Stirling and signed by his Majestie the 17 May ” [1638]. 89. Instructions as to declinators presented against the Bishops, to be received, read, but rejected. 90. Letter from John Earl of Lindsay referring to the supplications given in to the Council. 8 March [1638]. 91. Letter addressed by the Earls of Rothes, Montrose, and Cassillis, to the Duke of Lennox, Marquis of Hamilton, and Earl of Morton, stating in regard to their supplications presented to the King and Council, that they could not conscientiously pass from them, kc. Edinburgh, 28 April 1638. 92. Draft answer to the above, written in general terms, setting forth his Majesty’s willingness to explain what his intentions are. [c. May 1638.] 93. Draft opinion by the Bishop of St. Andrews in regard to Hamilton’s employment as Commissioner and the methods to be used in his procedure. [No date. c. 1638.] 94. Memorandum by the Marquis as to the Bishops’ opinions, and notes of a conference held by them with the Archbishop of Canterbury, They desired peace. The King thought they ought to live in their own dioceses. Hamilton states the Commission and journey were sore against his will. [Printed by Camden Society.] 95. Instructions given to the Marquis, as to carrying out his Commission. Whitehall, 16 May 1638. [Printed by Bishop Burnet.] 96. Copy of a paper discussing ‘‘ the present question betwixt our most sacred Majestie and his subjectisin theKingdome of Scotland,” &c., in a calm manner and giving prudent advice in the crisis. No date. HISTORICAL MANUSCRIPTS COMMISSION* 95 97. Letter from the Marquis of Hamilton to King Charles First, advertising him of the state of affairs in Scotland, the activity and resolution of the Covenanters, and advising the despatch of his fleet and army, the occupation of Berwick and Carlisle, &c. Dalkeith, 7 June 1638. [Printed.] 98. The same to the same, informing the King that he had been invited to Edinburgh, hut that no proclamation would he received. The lawyers think the covenant may he justified hy law, hut the Marquis will leave nothing undooe (to hinder it) thatt can he thoght, be itt eather hy thretes or hryhes.” He now desires delay in j>repara- tions for war, as he trusts force will not be necessary. Holyrood House, 9 June 1638. [Printed.] 99. From King Charles the First to the Marquis, the King’s prepara- tions advancing. Hamilton is to try to gain time. He is not to consent to call a parliament or assembly, &c. Dated at Greenwich 11 June 1638. [Printed by Bishop Burnet.] 100. The same to the same, approving his proceedings. The King will stay his public preparations hut in a silent way will continue. He bids Hamilton try to secure the Castles and gain the Session and Advocates to declare the Covenant against law, if not treasonable. Theobalds, 13 June 1638. [Printed by Bishop Burnet.J 101. Hamilton to the King. A long letter shewing that he can effect nothing with the covenanters, who demand an assembly and Parliament. Nothing but force will <3urb them. He has prevailed with the Marquis of Huntly, and Lords Deskford and Ogilvie with other northern barons to return home and endeavour to control the north men. Lord Seaforth is to control the Isles men who are at present reasonable, less however from affection to the King than from spleen against Lord Lome. He desires that the Session may meet at Leith. He will publish one of the declarations. He repeats his advice about mustering an army, and suggests that the Earl of Antrim may be useful, as he is beloved by his name, and lays claim to lands in Kintyre, the Isles, &c. He recommends the building of more rowing frigates, but also that the preparations may be private. Holyrood House, 15 June 1638. [Printed.] 102. The King to Hamilton, in reply to the foregoing. A train of 40 pieces is now in good forwardness, and will be ready in six weeks. The Treasurer and Chancellor thought they could furnish £200,000 sterling for the expedition. Hamilton is to get the guns in Edinburgh Castle made unserviceable, if possible. The King does not intend to yield, &c. Greenwich, 20 June 1638. [Burnet, pp. 59, 60.] 103. Hamilton to the King. [Printed.] That he cannot prevail further, and has desired to return to court, ostensibly to lay the covenanting proposals before the King. On this ground he has urged the Covenanters to disperse, which he hopes they will do. He urges warlike preparations, and gives advice as to details. He offers the six cannon presented to him by the Swedish Government, to be used for the King’s service. He is in treaty for possession of the Castle of Edinburgh. The Scots are still procuring arms from abroad, and the traffic should be stopped by the King’s agents. Dalkeith, 24 June 1638. 104. The King to Hamilton. The King expresses his great dislike to the covenant ; and intends himself to come in person with the expe- MSS. OF THE Duke of Hamilton. HISTORICAL MANUSCRIPTS COMMISSION, Q« 1 / \J MSS. dition to Scotland. Greenwich, 25 June 1638. (Burnett, pp. 60, or THE Duke OP \ Hamilton. */ 105. Hamilton to the King. The Covenanters urgently demand the calling of an Assembly, and a meeting of Parliament, and threaten fur- ther petitions. He has succeeded in postponing an answer till the 5th of August. His Majesty’s preparations may then be ready. The Marquis relates his difficulties with the Earl of Mar as to Edinburgh Castle, and concludes by commenting on the madness of the people. Holyrood House, 29 June 1638. (Printed.) 106. The same to the same, also dated 29 June. Chiefly ac- knowledging the Kang’s letter of the 25th. 107. The King to Hamilton, in answer to his letter of 24th, giving him leave to come to Court, and asking him not to promise to mediate with the King in anything against the latter’s intentions. Greenwich, 29 June 1638. [Burnet, pp. 61, 62.] 108. Hamilton to the King. That the Court of Session had resumed its sittings on the second of the month, and he had published the King’s declaration, which had been protested against. Holyrood House, 4th July 1638. [Printed.] 109. The King to Hamilton, trusting that he is now on his way to Court. Greenwich, 9th July 1638. [Burnet, p. 65.] 110. Hamilton after his return to Scotland, to the King, that he finds no change, but for the worse. The people are expecting his Majesty’s reply, but continue their preparations, and training of men. They are somewhat influenced by the King’s delay in coming with an army, and he trusts divisions may arise among them. Holyrood House, 11 August 1638. [Printed.] 111. The same to the same, that on his way from Court to Scotland he had met the Scottish Bishops, who were grieved that the King had consented to an Assembly. The Bishop of Saint Andrew’s was willing to demit his office of Chancellor, on receiving £2,500. Ferrybridge, 12 September 1638. [Printed.] 112. The same to the same, that the council were on the whole pleased with his Majesty’s resolution, that there was at present a jealousy between the ministers and the laity, which he hoped to foster. Holyrood House, 17 September 1638. [Printed.] 113. The King to Hamilton, merely acknowledging receipt of the preceding two letters. Hampton Court, 22 September 1638. [Bur- net, p. 79.] 114. Hamilton to the King [printed], a very long letter, giving a de- tailed account of the reception of his Majesty’s resolutions by the Scottish Council and the Covenanters. That the assembly had been proclaimed, and an act of thanks passed by the Council. He desires preparations for war to be hastened. Holyrood House, 24 September 1638. 115. The same to the same, giving further account of proceedings and of the opposition made to the King’s proposal to have the Confession of Faith of 1 567 signed instead of the Covenant. That this declaration had been well received in Glasgow. He still hopes for division among the Covenanters. Holyrood House, 27 September 1638. [Printed.] 116. The King to Hamilton. The King briefly assures the Marquis of his approval of all his proceedings. Hampton, 30 September 1638. [Burnet, p. 81.] HISTOEICAL MANUSCRIPTS COMMISSION. 97 117. The same to the same, commenting on his letter of 27 Septem- ber, and expressing his opinion that the last protestation of the Covenanters was treason ; the King opines that there were few against Episcopal Government who are not against Monarchy in their hearts, that Hamilton should try to sow divisions in the Assembly, &c. Hamp- ton, 2 October 1638. [Burnet, pp. 82, 83.] 118. Hamilton to the King, giving an account of the difficulty he had in winning the people on his own estates to agree with the King’s views. He still hopes to foster divisions, but it is clear that the cove- nant is intended to link the people in opposition to his Majesty. He hopes to make the nullity of the coming Assembly appear, &c. Hamil- ton, 5 October 1638. [Printed.] 119. The King to Hamilton, in reply to the preceding. The King wishes to know why protesters were mingled with his good servants in Commissions to procure subscriptions to his Band ; that the Council should express themselves more vigorously against this last damnable protestation,” &c. Hampton Court, 9 October 1638. [Burnet, p. 85.] 120. Hamilton to the King, acknowledging his Majesty’s letters of 30 September and 2nd October. The Covenanters mean nothing but sedition, those charged with procuring subscriptions to the authorised Confession are remiss. The Senators of the College of Justice have agreed to sign it. Episcopacy is in danger, but it is chiefly the monarchy which is aimed at. He concludes by advising stores and garrisons to be placed in Berwick and Carlisle. Hamilton, 14 October 1638. [Printed.] 121. The same to the same [printed], acknowledging the King’s letter of 9th October, and in reply explaining the reasons which led him to join the protesting Covenanters with those well afiected to the King, as Commissioners for procuring subscriptions to the Bond or Confession approved by the King. He reminds the King that working by treaty was his Majesty’s wish, he himself advised another way, but the only method of gaining the King’s end was to make a party for the King, and once so to quiet the people, that afterwards his Majesty might reign as King and punish offenders, &c. Hamilton, 15 October 1638. 122. The King to Hamilton, a short note, stating that the bearer (not named) but afterwards referred to as Robin Leslie, had the King’s approbation, but little hope of carrying his proposal into effect. Whitehall, 15 October 1638. [Omitted by Bishop Burnet.] 123. Hamilton to the King, expressing disappointment that the Bishops had not met him at Edinburgh as desired, only the Bishop of Brechin being there. He had advised as to the nullity of the coming Assembly, and states that the Bishops advised its prorogation. The Marquis however advises that it be held, chiefly for the sake of his Majesty’s good faith. He fears it will be a troublesome Assembly. Dalkeith, 22 October 1638. [Printed.] 124. The King to Hamilton, in answer to his of 14th and 15th October, sent by the Bishop of Ross, with whom the King had con- sulted, and was satisfied with Hamilton’s reasons for joining Covenanters in getting subscriptions for the King’s Covenant. Whitehall, 24 October 1638. [Burnet, pp. 90, 91.] 125. The same to the same, in answer to Hamilton’s of the 22nd. The Archbishop of Canterbury would send a particular answer regard- U 24964. G MSS. OF THE Duke of Hamilton. 98 HISTOEICAL MANUSCRIPTS COMMISSION. MSS. his propositions for the Assembly; he disliked proroffuin^ the HAMiLTojf. Assembly because it would hurt his reputation; approving of the — Marquis’s List of Assessors to the Assembly. Havering, 29th October 1638. [Burnet, p. 83.] 126. Hamilton to the King, a long letter, commenting severely upon various Councillors and others in Scotland who supported the Cove- nanters. Sir Thomas Hope is denounced as a “ bad and most wicked instrument ” in this connection. vSir Lewis Stewart and Gilmour are afraid of losing their practice, if they appear for Episcopacy. Sir Thomas Kicolson is the best for the King’s service, in place of Hope, who is to be deprived of the office of King’s Advocate. He considers the Council’s letter to the King somewhat wanting in due allegiance, but it will oblige them to concur with him in dissolving the Assembly if need be. The Lords of Session were asked to sign the King’s con- fession. Kine did so, others demurred, and the Marquis criticises the defaulters sharply, especially Gibson of Durie and Scot of Scottstarvet. He is in treaty for the delivery of the Castle of Edinburgh from the Earl of Mar who demands 5,000A He concludes by asking 10,000/. to supply the necessities of the bishops, &c. Holyrood House, 2nd November 1638. [Printed.] 127. Hamilton to the King, acknowledging receipt of the pro- positions to be made to the Assembly with alterations by his Majesty. He earnestly desires the coming of the Bishop of Boss, as none of the clergy with him can say anything in defence of themselves, or give him any help. If he were not supported by his Majesty’s favour, he would go mad, like the Assembly from whom he expects nothing but madnes in the heyeyist degrie.” Holyrood House, 5 November 1638. [Printed.] 128. The King to Hamilton, announcing the death of the Dean of Durham, and asking whether the deanery ought to be given to Walter Balcanquhal, or whether he should be reserved for another nearer the King’s eye. Also instructing the Marquis to have an eye upon Argyll as the King was informed that he had made great preparations. Whitehall, 5th November 1638. [Burnet, p. 100.] 129. Hamilton to the King, in reply [printed], referring to Balcan- quhal’s services. He is ‘‘ shuch a one as heath contributed more to make a deivisioune amongst thir wicked people then all the rest of the Kingdome heath doune and heath broght it to thatt pase thatt the best and greatest part of the ministrie will be on your Majesttie’s syde, I ame confident, schortlie.” Hamilton desires the Deanery to be kept vacant till he see the King. He fears the information given about Argyll is too true. Holyrood House, 12 November [1638]. 130. The King to Hamilton, explaining certain words altered in his declaration, to be made to the Assembly, the substituting of content ” for “ pleased ” if the Assembly abolished the five Articles of Perth. Whitehall, 12 November 1638. [Burnet, p. 93, where the date is misprinted “2Jth.”] 131. Draft (incomplete) proclamation or declaration, afterwards read to the Assembly of the Church of Scotland at its meeting at Glasgow, 21 November 1638. [The full text is printed by Burnet, pp. 95, 96.] The Draft in question was probably shown to the Privy Council on the 22nd September, (See No. 114 ante,) as there is preserved along with it the letter of thanks and approval of the proposed, subscription HISTOKICAL MANUSCRIPTS COMMISSION. 99 of the Confession of 1567, addressed by the Council to his Majesty. The letter bears no month or year, but must have been written ou the above date. It is signed by Hamilton, and twenty- nine members of Council, among them being Lome (afterwards Marquis of Argyll), Angus, Sir Thomas Hope, and others, prominent Covenanters. 132. Hamilton to the King, partly as to the money for the Bishops^ and also as to the defenceless state of the Castle of Edinburgh. He is on the eve of going to Glasgow for the unluckie busines ” there. Holyrood House, 16 November 1638. [Printed.] 133. The King to Hamilton, that he will do his best to furnish the 10,000/. for the bishops, which is very necessary. Whitehall, 21 November 1638. [Burnet, p. 100.] 134. Hamilton to the King, announcing his arrival at Glasgow on Saturday the l7th, and the opening of the Assembly. Ther ar shuch a crue assembled togidder and thatt in shuch equippage as I dare boldlie affirme, neuer mett since Chrystianitie was professed, to treatt in excclesiastick affaires.^’ About 2,60 members, each of whom have two, or three or four assessors, make up the assembly. The most part are described as totally void of learning. Pie has done his best to gain time by postponing the election of Moderator, &c. Glasgow, 22 November 1638. [Printed.] 135. Hamilton to the King, further as to the proceedings of the Assembly, but stating nothing of special importance. Glasgow, 27 November 1638. [Printed.] 136. The same to the same. [Printed.] The insolencies and indiscretiouns of the assembly had become so evident that he summoned the Council to a meeting in the Chapter-House, and intimated his in- tention of dissolving the Assembly. He asked their advice as to the manner of doing it, but refused discussions as to the fitness of it. After discharging the Assembly, details of which he leaves to the bearer, he again summoned the Council, but Argyll and Almond refused to come. He however procured signatures to a proclamation. He had spoken with Argyll, who had now resolved openly to declare himself a Covenanter, which he had since done. The Marquis sees no remedy but force. From Hamilton, 1 December 1638. 137. The King to Plamilton, approving of his behaviour towards the Assembly, and informing him by the bearer of his own preparations. Whitehall, 3rd December 1638. [Burnet, p. 99.] 138. The same to the same, in reply to his of the 1st December, commending his dissolution of the Assembly, instructing him to give hopes of holding a parliament. Whitehall, 7 December 1638. [Burnet, p. 107.] 139. Plamilton to the King, that his Majesty’s war preparations had caused some commotion in Scotland. He thinks it best that he should now return to Court, as he can no longer treat with people in the con- dition of rebels. Holyrood House, 16 December 1638. [Printed.] 140. Hamilton to the King. This letter is much destroyed by damp, but seems chiefly devoted to a review of Hamilton’s administration, and an indication that he will shortly leave Scotland. Holyrood House, 17 December 1638. [Printed.] 141. At this point may be noted. A Kegister or Scroll Book of letters written by the Marquis of Hamilton as Commissioner during the year 1638. None of the letters G 2 MSS. or THE Duke or Hamilton. 100 HISTOKICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke ( Hamilton. recorded in it are of special importance ; the chief among them being letters to various Professors of Aberdeen, who supported Episcopacy ; and others to various Covenanters to press his Majesty’s views. One item of general news is given in a letter to the Marquis of Huntly, 11 November 1638, that “ Cardinall du Valett,” after the defeat of the French army at Fontarabia, thought he would be safer in England than at the French Court, and so is in London incognito. 142. There are also a few letters received by the Marquis during the same period. Of these the principal are : — (1.) A letter from Colonel Alexander Hamilton, refuting a slander against the Marquis, which had been ascribed to him. From Holy rood House, 14 August 1638. (2.) A letter from the Eev. Andrew Lawmonth, minister of Mar- kinch, stating that his parishioners had refused to pay his stipend, and he being a non- Covenanter,” dare not go to law with them; that he had lived on credit for twelve months, with a family of eighteen persons ; he begs an advance of 1,000 merks, and trusts this favour will be shown to him as to other ministers whose stipends are detained. Markinch, 24 September 1638. (3.) Letter signed by the Earls of Traquair and Haddington (written by the former) giving an account of their efforts to procure sub- scriptions to the Kings Covenant in Selkirkshire ; that the ministers and laity had expressed no dissatisfaction with the proposal, but absolutely refused to sign until after the Assembly. The gentry at first pretended ignorance of the matter, but on being instructed, expressed themselves favourably, and unwilling to controvert his Majesty, but the writers doubt whether any of them will be moved to leave the multitude before the G-eneral Assembly. From Selkirk, 3 October [1638]. (4.) Letter from the (second) Earl of Haddington, accompanying the preceding, adding that he will report what can be done in Rox- Iburghshire and the Merse, but he does not think that any one of quality will sign before the Assembly. Selkirk, 3 October [1638]. (5.) Letter from the Earl of Dumfries, and two others, stating that they had met at Ayr to publish the King’s declaration, but found a great part of the gentry and burghers prepared to protest, the ministers having published reasons against it, issued by the “ Tables.” The writers have therefore delayed for further in- structions. Ayr, 5 October 1638. (6.) Letter from Patrick Maule [afterwards first Earl of Panmure], that lie had received a letter from the Earl of Southesk to attend him and the Earl of Kinghorn at Forfar, which he would do, though on the eve of going to England. ‘‘ The Covenanteris is uerey bussie in thire partis to bender all from subscryuing which I fear shall work to much to that affect, though I dar say this that which his Majestic hath done bee your procurmant hath giuin such satisfaction to the multitud that if bussinos cam to an extrematie, that his Majestic would gate fue heer to be in his contrarie.” He will be glad to receive any commands the Marquis may have for Court. 9 October 1638. (7.) Another letter from the same, written apparently from London, commenting on the military appointments and preparations in England, and trusting the news of these will not set the Covenanters HISTORICAL MANUSCRIPTS COMMISSION. 101 “ soe a fire as to committ some insolencie,” &c. 2S November mss. -I ^ Q Q OF THE Duke of ^ Hamilton. (8.) Letter from liOrd Goring, chiefiy in praise of the King’s govern- — ment, and alleging that the ill-affected in Scotland will receive little encouragement from England, there being a general devotion to the King. He trusts the fire flaming in Scotland may be timely quenched. 4 December 1638. (9.) Letter, the date of which is blotted, but appears to be Knoydart, 24 September 1638, addressed to the Marquis of Huntly by Sir Donald McDonald of Sleat, expressing obedience ; that he had met with the Captain of Clan Ronald and the Laird of Glengary and their whole name or clan of Clan-Donald, who had sworn to do and live with him in the King’s service. The Earl of Antrim had written two letters to him in the Marquis of Hamilton’s packet, &c. 143. King Charles the First to the Marquis of Hamilton. Jacob Ashley had possessed Berwick with 1,000 foot and 60 horse, and Lord Clifford Carlisle with 300 men. The King had commanded Traquair to keep his chamber till he gave account how he left Dalkeith without a stroke, and left the ammunition and regalia ; the patents of honours should be detained till the country were settled. York, 2 April 1639. [Burnet, p. 118.] 144. The same to the same. The King sends back the proclamation and military oath with a few additions. Could not say more about Traquair because he had not yet seen his defence. 500 Irish were safely landed, and by that time in Carlisle. He wishes to know if Hamilton had entertained Colonel Gunn, for it was said he was going back to Germany. It was said that Aberdeen still held out. York, 3 April 1639. \_lbid., p. 119.] 145. The same to the same. News had come of the surrender of Aberdeen immediately after the dispatch of the King’s last letter, and Huntly had retired. Orbiston and Sir Lewis Stewart had advised the King to change some things in the proclamation, and the King thought he would alter one point not to set prices on the declared rebels heads till they had stood out for some little time, which was to be expressed in the proclamation, York, 5 April 1639. [Ibid., p. 119.] 146. Instructions to the Marquis, issued previous to the passing of his commission, appointing him general of the army against Scotland, authorising him to embark himself and troops on board the ships pro- vided, and empowering him on his landing in Scotland to make war there,. &c. Signed by the King and dated at Westminster, 7 April 1639. 147. Draft letter (undated), Hamilton to the King, advising that the proclamation (against the Covenanters) be published as speedily as possible, that it be sent to Edinburgh and to various Scottish noblemen. [Printed.] 148. The King to Hamilton. Sending the proclamation, and would do his best to get it proclaimed. York, 7 April 1639. [Burnet, p. 120.] 149. The same to the same, with warrant to commit hostility against all who would not submit. Same date. [Ibid., p. 121.] 150. The same to the same. The King had spoken with Henry Vane, and agreed with him in all things but one, that Hamilton’s going to the Firth would make the rebels enter England. The King rather thought it would be a diversion to hinder them, and he desires the MSS. OF THE Duke of Hamilton, 102 HISTOEICAL MANUSCRIPTS COMMISSION, Marquis to go on in God’s name. The King expects to be in Berwick in 14 days. Same date. \^Ibid., p. 121.] 151. Draft letter, Hamilton to the King, in answer to the preceding letters of the 7th and 10th. He will use all means to publish the procla- mation, and to punish those who do not receive it. He would go on with the expedition, but states that not 200 of the 5,000 composing it ever had a musket in their hands before, &c. Yarmouth Eoads, 15 April 1639. [Printed.] 152. Draft, the same to the same. That the wind and sea together had delayed the embarking of those regiments which had come to Yarmouth. The soldiers are good bodies of men, well clothed but the arms are defective, and the men untrained, so that it will need a month to fit them for service. One of the officers is so sea-sick, that he must be left behind, and there is a great want of other officers. He narrates other difficulties of the service, but hopes he may be able to annoy the rebels. Yarmouth Roads, 18 April 1639. [Printed.] 153. The King to Hamilton. The King had consulted with Henry V ane and Arundell for he could trust no other, and the expedition was to proceed. The proclamation with a few changes was to be sent. York, 18 April 1639. [Burnet, p. 122.] 154. The same to the same, sending the proclamation, in which neither the general assembly at Glasgow nor the Covenant was men- tioned. If he could get civil obedience restored he could talk of them in better terms. No exceptions to be made in the pardon. Aork, 20 April 1639. \^Ibid., p. 123, where the date is misprinted 10 April.] 155. The same to the same. The King is sorry for the defects in his forces, but wishes Hamilton to proceed. He should think of Tantallon and not of the north, for Huntly is bothe feeble and falce.” Hopes for a merry meeting in Scotland. York, 23 April 1639. [Ibid., p. 123.] 156. The same to the same. A few lines pitying his cross winds, and commending his diligence. York, 27 April 1639. [Ibid., p. 124, where it is said to be dated 25th April.] 157. Hamilton to the King. If the Scots are not bereft of their judgment, they will render obedience to the King. He trusts his Majesty will be at Berwick by the 12 or 15 May. He will be careful as to Tantallon, but desires to be put in communication with the Marquis of Douglas. He has taken several Scots ships ; he intends to make their men take an oath to his Majesty, take out any ordnance, and let them go their way, &c. From on board the Rainbow,” at Berwick, 29 April 1639. [Printed.] 158. Hamilton to the King (draft). [Printed.] That his Majesty’s affairs in Scotland are in a desperate condition, the people are enraged, and ready to die rather than accept the King’s proclamation ; it will be a work of great difficulty to curb them by force, their power and com- bination being great. He can at j^resent do nothing offensive but stop all the trade. He is anxious that the King should advance as rapidly as possible with a suggestion that he might patch up the business if he did not find himself in the posture requisite, as they seemed to offer civil obedience. Aboard the “Rainbow” at Leith, 7 May [1639]. 159. The King to Hamilton. That neither what the King nor Henry NTane wrote was to be taken as commands but only advice. HISTOBICAL MANUSCEIPTS COMMISSION. 103 Suggests that if he could not land his men in Lothian he might send them to the North. As places for landing he suggests Stirling or Dunbar. Inclosed is a paper with suggestions for securing the passages of the Ness, Tay, and Forth. Newcastle, 8 May 1639. [Burnet, pp. 127, 128.] 160. The King to Hamilton, carried by Lord Aboyne. The King would rest quiet for the time on their rendering civil obedience, but they must first demand pardon and render up the Castles ; did not think he was in case to conquer them, but would force them to obedience in time by stopping their trade, &c., “ the which rather than not doe I shall first sell myself to ray shirt.” Newcastle, 10 May 1639. [Burnet, p. 136, where it is without date and seems misplaced.] 161. Hamilton to the King (draft), in answer to that of the 10th. That as the eight days of grace given in the proclamation were nearly expired, he would have attacked some places, had his Majesty not enjoined delay and only stopping of their trade. He is confident in his troops who now begin to handle their arms well. His Majesty must expect neither party nor assisters in Scotland. He waits the King’s orders to fall to work, and a fortnight afterwards will endeavour to reach Aberdeen. He thinks this matter ere long will prove a national quarrel, and suggests that many of those around the King are friendly to the Covenanters, who know as much of the King’s movements as any one. He thinks it strange that covenanting petitions should be presented by English noblemen, and urges the King to compel them to refuse. He makes a very earnest appeal for victuals to be sent. He can do little with his army but burn a few places. Tantallon is in the hands of the Covenanters. They have lately spoken in more humble terms, but always insisting on the abolition of Episcopacy, or a Par- liament. Date endorsed, 14 May [1639]. Printed. 162. The King to Hamilton. Newcastle, 17 May 1639. [Burnet, p. 131] enjoining further delay; but to fall on if they sent a great force to the Borders. Should still go on about the treaty. 163. The same to the same, shortly recommending the lords with whom the letter was sent. Newcastle, 21 May 1639. [Burnet, p. 135.] 164. Hamilton to the King. The Scots will make no peace nor accept any conditions but the ratification of their late Assembly. They desire to force the King to a battle, as they are strongest in infantry. As soon as they come near the King they are to present a petition, which if he refuse, they wdll proceed to extremities. Hamilton suggests using tw^’O of the three regiments with him. He waits orders for proceeding to hostilities. Endorsed 21 May [1639]. Printed. 165. The King to Hamilton, requesting him to send forces to Holy Island, and suggests that he should leave 300 men in Inch col m. Newcastle, 22 May 1639. [Burnet, p. 133.] 166. Hamilton to the King (draft). He has done his best to effect diversions in favour of the King, by sending part of the fleet towards Dunbar, and also despatching boats up the river. He believes the fleet has prevented the men of Angus and Mearns from coming. He had sent to the Isle of May for water, as the springs in Inchcolm were dried up and the beer for the army was mostly spent. Leith Loads, 25 May 1639. [Printed.] MSS. OF THE Duke or Hamilton. 104 HISTOKICAL MANUSCRIPTS COMMISSION. MSS. op THE Duke ( Hamilton. 167. The same to the same (draft). That before receiving the King’s of 22nd May, he had shipped two regiments to Holy Island, He is afraid he will be blamed to his Majesty for not entering more actively into hostilities. He regrets parting with the regiments but was afraid the King without them might suffer an affront. He will do his best with the remaining troops, and will leave men sufficient to defend Inchkeith, which he had fortified. From the Rainbow/’ near the Isle of May, 26 Ma}’’ 1639. [Printed.] 168. The same to the same (draft). He had learned that the Covenanters were to halt at the distance of ten miles from the borders, and was therefore satisfied as to his Majesty’s safety. A total obedience should be enjoined on the Scots, but he has no desire to be employed in a treaty, as the result would be no great good. He asks the King not to allow Traquair and Southesk to come to him. 29 May f 1639]. Printed. 169. The King to Hamilton, dated at Newcastle, 13 May 1639, but sent with Lord Aboyne, and received by Hamilton on 29 May. The King asks Hamilton not to engage in money expenses, leaving him to judge as to sending the forces he could spare to the King. [Burnet, pp. 136, 137.] 170. Hamilton to the King (draft). That Lord Aboyne had delivered his letter, but as he expected men and money, Hamilton could not supply these, nor give anything but good words. He has no hope that good can be done in the north, without a considerable force, for whom it would be impossible to provide food. May 29 [1639]. Printed. 171. The King to Hamilton expressing complete confidence in him. Berwick, 29 May 1639. [Burnet, p. 137.] 172. Hamilton to the King. Recommending an “honest lord” [Lord Seton] who had come to him in a small fisher boat. He was much encouraged by what he had heard from him, and the hopes of a party in the north whither he had dispatched Lord Aboyne, who promised to be advised by Colonel Gun (to whom he had given 500/.). The Marquis offers to go north himself, if he could have 5,000 men and two troops of horse, with 10,000 or 12,000 pounds. He had not heard lately from the Covenanters. He trusts disorders will soon arise amongst them, that their reduction to obedience may prove less difficult. He urges the King to declare their principal men traitors. Leith Road, 31 May 1639. [Printed.] 173. The King to Hamilton, in answer, that he cannot spare men. Camp near Berwick, 2 June 1639. [Burnet, p. 138.] 174. Copy (signed by the King) of his declaration, refusing to ratify the General Assembly at Glasgow, but appointing a General Assembly to meet at Edinburgh on 6 August, and a Parliament to be held there on 20th of same month ; agreeing also to the disbanding of forces, &c. [Burnet, pp. 141, 142. In terms of this declaration, the Covenanters disbanded their troops, gave up the King’s castles, &c., while he restored the ships seized, and made other concessions.] 175. Register of Letters, Warrants, &c. written by the Marquis of Hamilton on board ship, while acting for the King during the year 1639. Besides the Instructions and Regulations for the army under Hamilton’s command, this Register or Scroll-book contains the warrants and orders issued by the Marquis to officers, masters of ships, and others HISTORICAL MANUSCRIPTS COMMISSION. 105 under him. The dates comprehended in this book run from 12th April to 20th July 1639. There are also a few draft letters not found else- where, of which the principal are — (1.) A letter to the Provost and bailies of Edinburgh, intimating that as the ‘‘ faire and calme waies” taken by the King to reclaim his disobedient subjects had hitherto been in vain, nothing can be expected from his Majesty but force, yet the writer had come as a High Commissioner to treat with them, and he desires them to show humble obedience to the King under pain of being held responsible for the consequences of refusal, and the bloodshed which may follow. From on board the ‘‘ Rainbow,” 2 May 1639. [The reply to this is given below.] (2.) Letter to the same, referring to their refusal to allow the Clerk of Council to come on board and the contempt thus shown to the King ; requiring them to see and publish the King’s proclamation. With threats if not obeyed. 6 May 1639. [For answer see below.] (3.) Letter to James Primrose, Clerk of the Privy Council, sending a copy of the King’s proclamation of grace and pardon to all his seduced subjects in Scotland which will forsake their extravagant courses and willingly embrace the same ” [proclamation], which the Clerk is to publish if the Provost, &c. refuse. 6 May 1639. (4.) Letter to the Provost and bailies of Edinburgh, upbraiding them with delay in publishing the proclamation, that they desire not the King’s loving subjects should be made aware of his princely benignity. He concludes by reproaches for their obstinacy. 10 May 1639. (5.) Copy letter to the Earl of Lindsey (then Governor of Berwick) informing him that a vessel had been captured with some Scottish officers, and others, who he believed had been summoned home by Leslie to command the Scots. He sends the officers to Berwick to the Earl’s custody, as he has nowhere to secure them, and he warns the Earl to take precautions against their escape. He advises the Earl of the march of the Scottish army towards Berwick with artillery and about 25,000 men. He represents the Scots as desperate in their desire to free themselves from their straits. 21 May 1639. 176. Copy of Instructions by the Lords of the Covenant to the general meetings and committees appointed by them in all the shires of the Kingdom, then divided into four parts, that an army may be raised out of each division by arming and training the inhabitants, and forming them into companies and regiments to be ready to march whither the Committee of War shall command them, according to the light of God’s word and their own oath. January 1639. 177. Copy of Instructions directed for a similar purpose, the raising of men and money in the different shires. 18 May 1639. 178. Letter from Sir William Stewart, some time keeper of Dum- barton Castle, explaining the cause of his surrendering that fortress, that the place was weak in itself, that he had no hope of relief, that his men were all Covenanters, and though willing to keep the Castle, they refused to admit the King’s troops into it, &c. Edinburgh, 13 April 1639. 179. Letter from the Provost and bailies of Edinburgh, acknowledg- ing the care his Majesty had of his native kingdom ; expressing regret that the suggestions and misinformation of their enemies should lead MSS. ' THE Duke oe Hamilton, 106 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke L, Hamilton, Qp his Majesty to use force against them as refractory and disobedient. They have sought nothing but the liberty of their religion, and they are grieved that the Marquis should come in such a hostile way as may provoke rather than pacify. Nothing can be required of them which they will not cheerfully perform, and if innocent blood be shed, that will be on the heads of the chief causers of the present troubles. They conclude by earnestly begging the Marquis to convey the true state of affairs to the King. Edinburgh, 3 May 1639. [In answer to Hamilton’s of 2nd May, No. 175^ sitpra.~\ 180. From the same, in answer to Hamilton’s of the 6th May [No. 175^ supra], that having considered the importance of the King’s proclamation, they humbly crave the space of three days to advise upon it with those whom it concerned. They profess dutiful loyalty and obedience to the King. Edinburgh, 6 May 1639. 181. From the same, expressing adherence to the reply given by the Covenanting noblemen and others. Edinburgh, 9 May 1639. [The letter of these noblemen has not been found, but it is printed at length by Burnet, pp. 125, 126. It is signed by a number of the Covenanting lords who protest against the publication of the King’s proclamation as being against the law ; regretting that they had been unable to reach the King’s ear by their petitions, and begging for the holding of a General Assembly and Parliament. Edinburgh, 9th May 1639.] 182. In this connection may be noted a letter of an earlier date, addressed to the Marquis on 7th January 1639 [found with the above papers], thanking the King for the General Assembly of 1638, and earnestly beseeching the Marquis to represent the truth of their loyalty and devotion to his Majesty. 183. Two letters from elames Piimrose, Clerk to the Privy Council, dated 2 and 6 May 1639, stating in brief that he had been in the first plac3 prevented from communicating with the Marquis, and secondly, prohibited from publishing the proclamation. 184. Draft reply of the Marquis to the letter of 9th May, from the noblemen, addressed to the Earl of Rothes, charging him and the others with disol3edient courses ; asserting that the King had never shut his ears to the dutiful supplications of his subjects, ench ships had been seen near Jura and Islay. “ Some of HISTOEICAL MANUSCEIPTS COMMISSION. 183 them landed in Carsaig in Argyll and drinking with the countreymen at ane ale house neir that place gave account they wer of the forces sent out of Ireland.’’ Since then no more had been heard of them. The noise of this will animat such as resolve to adhere to Dundie who is said to be still in Lochaber and the clauns are in several! bodies readie to join him ; it is said McNachtan and his uncle are straight to Lochaber.”] 174. The same to the same. The troops have arrived at Inveraray, and the Earl designs sliortly to march with them to Castle Kilchurn and encamp near there, where the enemy cannot surprise them. He learns that Claverhouse is at Inverlochy where men are gathering to him, differing in their opinions as to what to enterprise, Lochiel wishing a descent on the north, while the M’Leaus and Irish desire to fall upon Argyllshire. Argyll has people among them from whom he expects intelligence as to their plans. On the 17th instant the English frigates came to the sound of Mull in pursuit of the Irish frigates but missed them. They have retaken Captain Brown’s ship and the ketch that was taken, but found nobody in them. They fyred fyve hundred cannon shott at the house of Dowart whilst they were taking these two ships out of the road and the house returned small shott.” He encloses a letter from one he had sent to the camp of Claverhouse, part of which may be communicated to the Council. I have been sounding some people about Lochiell, but I am afraid he is so farr ingadged that nothing but the readie pennie will prevaill. If hills or mountains could doe the bussinesse I might brybe him, but cash we want in our camp. I hope your Grace will see the punctuall payment to such as are doing some- thing for it. I told his Majestie at London 4,000 p. str. would buy all the clans, and I could had I it to distribute, undertake it still.” The remainder of the letter, which is very long, is devoted to details as to the writer’s troops, their provisions, maintenance, etc. Inveraray 20th July 1689. 175. The same to the same. Protesting against the limitations made by the Council that he should not advance into the enemy’s country, which will cause inconvenience for want of provisions. He has news of Dundee’s force confirming his former account. “ Whither they will steer their course is not resolved ; I fynd the spirit of trimming and neutralitie is spread from our Court the lenth of the Highlands, and as long as it meetts with so mutch encouradgement elsewher, affairs will at least go on slowlie.” Argyll desires the publication of his Commission and instructions, lest he be censured for backwardness in action. Inver- aray 22nd July 1680. [Accompanying this letter is a paper entitled “ The opinion of the Councell of Ware at Inveraray ” 22nd July 1689. It is signed by the Earls of Argyll, Glencairn and Eglinton, with other officers. After enumerating the difficulties, either of remaining at Inveraray or advancing under the limited orders of the Council, the officers desire to know whether they may advance without limitation, or what else the}^ must do. There is also a letter, probably addressed to Argyll, but from which the place of writing, signature and address have been carefully obliterated. The writer states that it is common report in the camp [Dundee’s] that Claverhouse had sent letters to Badenoch, Athole and the North, summoning men to meet at Lochaber thence to march to the Braes of Glenurchy and the heart of Argyllshire. They do not intend to miss Argyllshire whatever comes of it. Lochiel wishes to go to the north to revenge the death of his men there. Both McLeod and Sleat would be King William’s men if reeruited in time. There is daily correspondence between Claverhouse and Breadalbane, and the MSS. OF THE Duke of Hamilton. 184 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OP THE Duke op H AMI] TON. writer advises to bring Breadalbane and his men under King William’s service, also Loelmell and McConochie. The Irish desire to come to Argyllshire, because their horses had been seized, and so do the M’Leans. The army is to draw to a head on the 22nd instant and march on the 24th. This letter is dated 18th July 1689.] 176. The same to the same. That he had taken two prisoners, one of whom was obdurate, but the other made a confession which is for- warded. He also sends information from Dundee’s camp, where letters from Ireland were expected. He had also learned from his prisonei' that Hay was expected over, whom he had used every eifort to inter- cept. Inveraray 25th July 1689. [The first paper enclosed is The true confessione and informatione of Mr. Henry Farquhar,” etc. That he had travelled with Lochiel’s wife from Edinburgh to Lochaber, she being the bearer, unknown to him, of letters from Ireland. That he himself was in Ireland, and he describes what he learned there of the Jacobite plans, etc. Dated at Inverary 24th July 1689. The second enclosure is a paper called ‘‘ Information from the Breas ” and contains news of Dundee’s camp, adding little to the former statements.] 177. The same to the same. That he and his troops were all ready to march in obedience to the Council’s orders, with the design of joining^ General Mackay, when he had notice of the misfortune ” [the defeat at Killicrankie.] They had had very bad weather to march and on the previous Monday they had to camp in the fields amid the storm and rain, not being able to cross a river which was in front of them. Two of their men had died from cold. He asks for further instructions. Camp near Portincaple at the head of Gareloch, 2nd August, 1689. 178. The same to the same. Had received the Council’s orders to march to Perth, and though contradictory orders had come from General Mackay, he had given directions to the regiment of Angus to march to Kilsyth on the way to Stirling. He presses for money to pay the soldiers, some of whose guns and knapsacks were seized by their landlords for their quarters. Glasgow, 5th August, 1689. 179. The same to the same. He has information from Ireland, which he believes lo be true, that King James designs to invade Scotland. The regiments of Angus and Glencairn have mutinied and run off for want of pay. He suggests that if the two battalions of the Angus regiment were reduced to one ther may be some service had of them, but the other half both officers and sogers are madd men, not to be governed even by Master Shiels ther orackle.” He asks for firelocks for his own regiment, also ball, etc. Glasgow, 5th August, 1689. 180. Letter from Captain or Commodore George Rooke, writing from on board his ship Deptford, at Greenock, sending, as ordered, a copy of his instructions to cruise with certain ships under his command between Ireland and Scotland. He had put into Greenock to repair some damages received by his vessel in a recent engagement in Bantry Bay, in which Admiral Herbert with the English fleet engaged a French fleet, nearly double their number, consisting of 28 men of war beside fireships. He gives a short account of the affair in which neither party had much loss. On his way to Greenock he had seen the French fleet off Kinsale, going homewards. He intended to cruise off the Mull of Cantire till joined by the fleet under his command. 11th May, 1689. 181. Letter from Major General Kirke to the Duke of Hamilton, from on board the Swallow in Derry Lough. He will take the first oppor- HISTORICAL MANUSCRIPTS COMMISSION. 185 tunity to get into Derry, as to the condition of which he had failed to MSS. hear. King James’s camp is reported to grow thin and the people are affrighted at the fleet, etc. 19th June, 1689. — 182. Letter from Captain Kooke, also from Derry Lough sending a copy of the result of the last council of war. June 20th, 1689. [The enclosure refers to the fortifications on the river, apparently the mouth of the Foyle. It may be interesting to note that one of the Council of War is Lieutenant Colonel Wolseley. 183. From the same. That he had followed the French ships to the Island of Mull [see No. 173 supra], but about 400 men had been landed at Lochaber in small boats. He regretted being out of the way, but means to cruise between Cape Cantire and Lough Fergus. Off Islay 20th July, 1689. 184. From Major-General Kirke, announcing the partial relief of Derry. His letter is long and minute as to the evolutions of the ships engaged, but is to the effect that the boom on the river had been broken or cut, and under protection of the men of war, two victualling ships were enabled to reach the town w^hich was in great extremity. He refers to some minor skirmishes with the enemy, and concludes by an appeal for supplies, as provisions in the fleet were running short. From Derry Lough, 29th July 1689. [Enclosed are two papers. (1.) A proclamation by Major- General Kirke dated 24th July, 1689, addressed to the General of the Irish army, that as he had lately gathered great numbers of helpless and weak Protestants, and driven them to the walls of Londonderry, threatening them wfith famine or violent death if not received into the town, a barbarity unjustified either to soldiers or Christians, all such cruelties will be retaliated on all Poman Catholics of whatever rank or condition. The Isle of Inch. 24th July 1689. (2.) A. copy of a letter to General Kirke from the besieged city, that they had received his of i6th, and must tell him to their grief ‘‘this garrison hath lived upon catts, dogs, and horseflesh this three days, and now there remains no victuals of any kind in the garrison to live on, then three pound of salt hides, one pound of tallow, and one pint of meale a man, which we com- pute will not keep ns alive any longer than next Wednesday ” [i.e., about five days]. “ Above 5,000 of our men are dead already for want of meat, and those that survive are so Aveak that they can scarce creep to the walls where many of them dye every night at their post. Wee are afraid wee shall loose our outworks every minute, and then we shall bee all cut off. Their miners are come Avith their lines close to our Avails, but hitherto their sinking underground is prevented. Wee are offered very honourable terms from the enemy which we still rejected in hopes of relief, and now no expectation of aid during the time of our victuals. God knows what will become of us for they vow not to spare age nor sex. A great many admire [wonder] such a fleet as yours should lie so long before us and send us no Auctuals, whereas the Avind presented fair many times. Trust none of the enemies deserters for wee have been often deceived by such people. There came two battering gunns here last night which plyes us all day and broke our curtains and shattered our gates. The enemies gunns are brought up from Culmore and that bourne Avhich is across the river is broke so that a small ship with provisions might easily pass up hither without hazard. The enemies regiment of luzaleers are marched up to Dublin, and ’tis certain their regiment of guards marches in a day or two ; the rest of their army consists most part of rabble. Wee are, Sir, your very humble servants, 186 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. Geo. Walker, Jno. Michelburne.” Londonderry, July 19th, 1689.] The partial relief effected by General Kirke took place on the 28th July, 1689. 185. From Captain Rooke. Referring to the above intelligence of the state of Derry sent to General Kirke, who had asked the aid of some ships, which had been given. Dated from Carrickfergus, 30th July, 1689. 186. Copy of letter from the same, announcing that the siege of Derry was raised. On Sunday, 28th July, the victualling ships gained the town, and on the following Wednesday the enemy decamped. It is said they design for Inniskillen, but the writer thinks they will try to send part of their force to the north of Scotland and foment disorders there. This intelligence he had learned from an Irish officer taken making his escape. Off Kintyre, 2nd August, 1689. 187. From Major-General Kirke, giving a detailed account, to the effect that on 1st August, he had learned the enemy were drawing off and the townsmen of Derry were endeavouring to fall on their rear. He then gives particulars of the ships entering the river under fire, and of the damage done by the enemy. He concludes by pressing for supplies of provisions. From the Isle of Inch, 4th August, 1689. 188. From Captain Rooke, introducing Mr. Walker, late Governor of Londonderry, as able to give an account of the successes in Ireland. The writer thinks that if an army were presently landed there, the people would submit at ouce.^ Off Cantire, 9th August, 1689. 189. From the same. That on the previous day his boats had entered Donaghadee harbour, seized one ship, burned four, and destroyed about 20 boats. A company of foot quartered in the town might have given trouble but ran into the country without standing a shot. His provisions are almost spent, and he means to ask leave to sail homewards. Off Donaghadee, 13th August, 1689. 190. The Duke of Schonberg to the Duke of Hamilton. That they are now departing for Ireland. Their landing place is not decided on, but he hopes it will be the north, that countenance and assistance may be obtained from Hamilton. If they land at Carrickfergus, they hope to prevent King James landing any men to the disturbance of Scotland. From on board the Cleveland in Highlake road, 12 August, 1689. 191. From the same. Announcing the arrival of the fieet in Bangor Bay in Ireland ” [? Belfast Lough] and desiring a correspondence with Hamilton. He had found the coast clear, the enemy having quitted the neighbourhood. 13th August, 1689. 192. From Captain Rooke, at Carrickfergus. Regretting that the season of the year rendered it unsafe for ships of war to go so far to the northward, and he cannot therefor do anything for the enlargement of the Laird of Blair. The Duke of Schonberg and his forces are now encamped before Carrickfergus, and mines will be completed in a few days if the besieged do not capitulate before that time. 26th August, 1689. 193. Letter from W. Fullartoune ” to the Duke of Hamilton from Portpatiuck, 28th July, 1689. That in obedience to orders he had sent for intelligence from Ireland to one Doctor Ferguson, who had returned the answer enclosed. He had also desired the writer to warn the cruisers of some vessels in Carrickfergus Loch. He had ^also offered to meet them and give an account of affairs. [The enclosure is HISTORICAL MANUSCRIPTS COMMISSION. 187 long and not very legible. It refers to tbe state of the Scottish forces whom the Irish look upon but as men only in appearance, beardless boys, ignorant silly souls, &c. That all the forces, militia, &c. were known to the Irish. He then refers to Derry and expresses surprise at the delay of the English in relieving the town. He gives some particulars as to the movements and numbers of the Irish forces, estimating them at 40,000 men, levies being ordered of 25,000 more. He concludes by urging greater expedition on the part of the English forces. Friday, 26th July, 1689.] 194. Series of letters, George ILord Melville, first Earl of Melville to the Duke of Hamilton, with the latter’s replies. [Many of these have been printed in the Leven and Melville Papers,” Bannatyne Club, 1843.] The first letter of the series is from Lord Melville, announcing his appointment as Secretary of State for Scotland. London, 15th May, 1689. [Printed in the above work, page 17.] 195. Hamilton to Melville, in reply, congratulating him on his appointment as Secretary. As to repairs on Holyrood House, &c. Holyrood House, 20th May, 1689. [Printed ut supra, p. 19.] 196. Copy letter, the same to the same. Disapproving of the selec- tion of Privy Councillors. Wishing to decline the Ofiice of Commis- sioner. Holyroodhouse, 21st May, 1689. [Printed ut supra, p. 20.] 197. Letter, Melville to Hamilton, sending a letter from the King by flying packet. Asking for news as to the movements of Dundee and Mackay. London, 18th May, 1689. [Not printed.] 198. Copy letter, Hamilton to Melville. Difficulties about the Com- mission of the Privy Council . News of Dundee, etc. Holyroodhouse, 25th May, 1689. [Printed ut supra, p. 27.] 199. Letter, Melville to Hamilton. Is surprised that his letter did not arrive in time for the meeting of estates. He defends the procedure as to the Commission for the Privy Council. London, 31st May, 1689. [This letter, though there are some verbal difierences, appears to be the same printed [ut supra] on p. 28, as of 27th May. There is an addition relating to Holyroodhouse and the Commissioner’s occupancy, with other matters of no special importance.] 200. Copy letter, Hamilton to Melville, asking for powder and arms. Edinburgh, 30th May, 1689. Printed, p. 31, ut supra. 201. Letter, Melville to Hamilton. That he had informed the King of the Highlanders being in arms with Dundee, and of General Mackay’s march to the north, and that His Majesty thought it of more concern that Mackay should, after securing Inverness, march towards Edinburgh or Glasgow, rather than follow Dundee to the Highlands and leave the south and west country exposed to invasion. London, 4th June, 1689. A postscript states that the King will leave the matter to the Privy Council. Melville suggests obtaining intelligence as to the probability of an Irish invasion. [Not printed.] 202. Copy letter, Hamilton to Melville, forwarding a letter from General Mackay, and intimating the arrest of Lords Lovat and Tarbat. Holyroodhouse, 1st June, 1689. [Printed, p. 33.] 203. Copy letter, Hamilton to Melville. Making various objections to become Commissioner on short notice ; that Lord Murray had pre- vented the Athole men from joining Dundee. Holyroodhouse, 4th June, 1689. [Printed, p. 40.] MSS. OF THE Duke of Hamilton. 188 HISTORICAL MANUSCRIPTS COMMISSION. OF TH^DtTKE 0 samG to the same. That the estates had passed Hamilton, an Act constituting themselves a Parliament. Holyroodhouse, 6th June, 1689. [Printed, p. 44.] 205. Copy letter, the same to the same. Declining to recall Mackay until he defeats Dundee or disperses his army. Holyroodhouse, 8th June, 1689. [Printed, p. 51.] 206. Letter, Melville to Hamilton, explaining the delay as to the precepts for Hamilton’s salary. That he is very sensible of the trouble and expense incurred by the Duke. He regrets that the King’s desires for a speedy settlement of affairs in Scotland should meet vrith difficulties. That the King does not wish the castle of Edinburgh to be bombarded till General Mackay’s return. London, 13th June [1689]. Not printed. 207. Copy letter, Hamilton to Melville. Announcing the capitulation of the Castle of Edinburgh. Holyroodhouse, 1 4th J une, 1689. [Printed, p. 57.] 208. Copy letter, the same to the same. As to the meeting of Parliament and their proceedings; the Committees of Articles, etc. Holyroodhouse, 18th June, 1689. [Printed, p. 58.] 209. Letter, Melville to Hamilton. That he had been unable to obtain the King’s instructions on some points. Sending a list of ten Lords of Session to be appointed. 18th June [1689]. This letter as sent differs in some minor details from that printed [ut supra, p. 65] of same date. 210. Letter, the same to the same. Chiefly relating to a complaint by the Duchess of Buccleuch ‘‘ that her litle parke and deer ar spoiled by putting in some troupe horse in it ; her grace would neither grudge corn nor grasse for the service of the country but being that the horses might have been weell eneugh provided otherwais shee thinks it a litle hard usage, having her deere already spoiled, as sheets informed, by the liberty given to furnish wood and fagots for makeing upe the batteries att the Castle.” 15th June [1689]. Not printed. 211. Copy letter, Hamilton to Melville. With intelligence from General Kirke and Captain Rooke. He expresses indignation that the Commissioners for the Lords of Session were sent to Lord Crawford and not to himself. Holyroodhouse, 23rd .June, 1689. [Printed, p. 75.] 212. Copy letter, the same to the same, sending an Act as to the Committees of Articles, and wishing to be relieved of the Commissioner- ship. Holyroodhouse, 25th June 1639. [Printed, p. 78.] 213. Copy letter, the same to the same. That the Parliament still make difficulties as to the election of Committees, etc. Holyroodhouse, 27th June 1689. [Printed, p. 88.] 214. Letter, Melville to Hamilton. Hopes that arms and ammunition have already reached Scotland. The prisoners sent south by General Mackay have been remitted to a Council of war. He has no directions from the King as to those who absent themselves from the Parliament, but he trusts the members will consider what is for the good of the government and safety of the kingdom. He is sorry that Hamilton should be dissatisfied with anything, and explains as to the keeper of the Great Seal, also as to the nomination of the Lords of Session. He is surprised that the direction to the President of Parliament to take HISTOEICAL MANUSCKIPTS COMMISSION. 189 tlieir oaths should have offended Hamilton as he understood the Chancellor took the oath of the President who took that of the others, etc. Hampton Court, 27th June [1689]. Not printed. 215. Copy letter, Hamilton to Melville. As to the nomination of the Lords of Session, Church government, etc. Holyroodhouse, 2nd July 1689. [Printed, p. 134.] 216. Letter, Melville to Hamilton. That he had had no opportunity to speak to the King [about the articles]. He explains that the King, notwithstanding his rights, was quite willing that the town of Glasgow should have the benefit of the Act of Convention for electing the Magistrates. London, 29th [June 1689.] Not printed. 217. Copy letter, Hamilton to Melville, in reply, as to the imprison- ment of the Duke of Gordon, and the Earl of Balcarras. That the King ought at least to elect the Provost of Glasgow. Holyroodhouse, 4th July 1689. [Printed, p. 142.] 218. Letter, Melville to Hamilton. He had not yet received the King’s answer to Hamilton’s commands, but will hasten a reply. It is said that the Count of Solmes is to go to Ireland with 5 or 6,000 men to reinforce Kirke. The Dutch squadron, of 30 sail, have joined the English fleet. The King has not yet given orders for the English regiments in Scotland to march to Berwick, etc. 2nd July [1689]. Not printed. 219. Copy letter Hamilton to Melville. That the Parliament have voted as to the abolishing of prelacy, and rescinding the forfeitures. Holyroodhouse, 6th July 1689. [Printed, p. 143.] 220. Letter, Melville to Hamilton. Enclosing letters and new in- structions from the King. He trusts Hamilton will use his endeavours to allay the heats and animosities which retard the settling of the national concerns. 4th July [1689]. Not printed. 221. Copy letter, Hamilton to Melville. Difficulties in Parliament, a Jacobite plot, arrest of Jacobites in Edinburgh, etc. Holyroodhouse, 9th July 1689- [Printed, p. 149.] 222. Letter, Melville to Hamilton. Acknowledging Hamilton’s of the 2nd July, and referring to a letter to the Earl of Selkirk. Sir Adam Blair, and a Doctor Gray, who were believed guilty of some crime, have been apprehended, and some letters found on them. A copy of one of these is enclosed that the person named in it may be taken, etc. 8th July [1689]. Not printed. 223. Letter, the same to the same. Recommending the bearer, an express to Ma-jor General Kirke, that he may have a pass, and a vessel to take him to Lough Foyle. 11th July [1689]. Not printed. 224. Copy letter, Hamilton to Melville. With account of three French ships on the coast [Cff No. 173 supra]. His support of Sir John Dalrymple in Parliament. Holyroodhouse, 13th July 1689. [Printed, p. 169.] 225. Letter, Melville to Hamilton. Had not yet an opportunity to acquaint the King with Hamilton’s letter of 6th. As to the Provost- ship of Glasgow, the King is still willing to waive his right, but Melville will speak to him again. He sends two letters from the King, one declaring the signet open, the other for declaring war wdth France. 13th July [1689]. Not printed. MSS. OF THE Duke op HAjVI’^fiTON. 190 HISTORICAL MANUSCRIPTS COMMISSION, MSS. o! THE Duke op Hamilton. 226. Copy letter, Hamilton to Melville. Complaining that he had received no answers to his requests for instructions. As to Dundee, Mackay, and Argyll. Holyroodhouse, 18th July 1689. [Printed, p. 174.1 227. Letter, Melville to Hamilton. Explaining the delay in answering some of Hamilton’s letters. The landing of some forces from Ireland [Cf. No. 183 supra], and the discovery of the Jacobite plot had brought the Government to a stand, until they have further news. He is sorry to hear of the heats in the Scottish Parliament, when circum- stances call for unity and agreement. 17th July [1689]. Not printed. 228. Letter, the same to the same. Sending some officers’ com- missions for those to march to the north, etc. 19th July [1689.] Printed, p. 177. 229. Copy letter, Hamilton to Melville, with copy Act as to Church Government ; letters from Captain Hooke, etc. Holyroodhouse, 23rd July 1689. [Printed, p. 186.] 230. Letter, Melville to Hamilton. Explaining, by the nature of the King’s occupations, the cause of delay in his replies to Hamilton. An- nouncing the birth of a “brave livlylike boy” to the Princess [Anne.] 25th July [1689]. Not printed. 231. Copy letter, Hamilton to Melville. As to the proceedings in Parliament; Church Government, etc. Holyroodhouse, 25th July 1689, [Printed, p. 193.] 232. Letter, Melville to Hamilton. Sending letters from the King. The Duke of Gordon and the Earl of Balcarras are not to be kept close prisoners, but to have the liberty of the Castle (of Edinburgh) being well looked to till the King’s pleasure was known. London, 27th July [1689]. Not printed. 233. Copy letter, Hamilton to Melville. Announcing (in addition to a former letter) the details of the battle of Killiecrankie. Holyrood- house, 29th July [1689]. [Printed, p. 205.] Another letter of date 28th July, of which no copy has been found, is printed on p. 203.] 234. Copy letter, the same to the same. Giving news of Dundee’s death, and that Mackay had reached Stirling. Holyroodhouse, 30th July 1689. [Printed, p. 208.] 235. Letter, Melville to Hamilton, sending a letter from the King ordering more troops to march towards Scotland. [1st August 1689.] Not printed. 236. Copy letter, Hamilton to Melville. That Londonderry had been partly relieved. The death of Dundee and its consequences, etc. Holyroodhouse, 1st August 1689. [Printed, p. 218.] 237. Letter, the same to the same. With a letter from Major General Mackay. Holyroodhouse, 3rd August 1689. [Printed, p. 232. 238. Letter, Melville to Hamilton. Acknowledging Hamilton’s of 29th July, which was very acceptable. The King had ordered some Dutch horse and some English foot to march into Scotland. He has done all he can to represent the want of arms and ammunition in Scotland. London, 3rd August [1689]. Not printed. 239. Letter, the same to the same. Acknowledging Hamilton’s of 1st August. He is sorry for what is stated of the Parliament’s pro- HISTOEICAL MANCJSCEIPTS COMMISSION. 191 cediire, and that there is so little done for the security of the country, MSS. for without money little can be done, and though it be imposed he fears Hamilton. there may be but bad payment. He wishes Hamilton had represented — fully to His Majesty the low and poor condition of the nation. He apprehends that Dundee’s death will check the progress of his party. 5th August [1689]. Not printed. 240. Copy letter, Hamilton to Melville. There is intelligence from Ireland, threatening an invasion, with other military news. Holyrood- house, 6th August 1689. [Printed, p. 235.] 241. Copy letter, the same to the same. Mackay’s movements in pursuit of the Highland army. Holyroodhouse, 8th August 1689. [Printed, p. 240]. 242. Letter, Melville to Hamilton. That the King has counter- manded the forces which were ordered to Scotland. He will appoint more frigates to cruise upon the west coast. London, 8th August [1689]. Printed, p. 241. 243. Letter, the same to the same. The Dutch officer whom Hamilton had sent up with the account of the battle of Killiecraiikie, was anxious Melville should write with him. It was reasonable to send one who was in the action to relate it, but I am sory for the poor gentleman that he had the misfortown not to know things as they wer, by comeing, it seems, to early away, which made his relation differ much from what came about the same tyme, and so has done him no good heer. I shall be sorry if his misfortown which might have fallen in a brave enough man’s hand (and upon which occasions men ar apt enough to see visions when in any consternation) should be prejudicial! to him, which I dowbt not, but your grace will endeavour to prevent.” Melville then refers to the news from Ireland, and comments upon the extremity to which Londonderry was reduced. London, 10th August [1689.] Not printed. 244. Letter, the same to the same. With intelligence from Ireland. 13th August [1689]. Printed, p. 250. 245. Copy letter, Hamilton to Melville. With intelligence from Ireland. The Act of Indemnity, etc. Holyroodhouse, 13th August 1689. [Printed, p. 249.] 246. Copy letter, the same to the same. That the English fleet had arrived on the coast of Ireland. Hamilton’s coming up to Court, etc. Holyroodhouse, 15th August 1689. [Printed, p. 254.] 247. Copy letter, the same to the same. Enclosing a letter from the Duke of Schomberg. Holyroodhouse, 16tli August 1689. [Printed, p. 255.] 248. Letter, Melville to Hamilton. With copy of the King’s letter to the Council, as to raising and providing for an efficient force in Scotland. That the King had named Hamilton as one of three Commissioners of the Great Seal in Scotland. 18th December 1639. Not printed. 249. Letter, the same to the same, with copy of the King’s letter to the Council, appointing so many regiments to be paid from England ; also approving the act that the President may sign on behalf of the whole Council. 4th January 1690. Not printed. 250. Letter, the same to the same. He had spoken to the King about the difference of opinion between Hamilton and Argyll, but could give 192 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke < Hamilton. , no distinct account of it. It was His Majesty’s wish that the Great Seal should be put in Commission, and if there be objections to the Keeper of the Seal he can be dismissed. As to the printing of Hamilton’s instructions as Commissioner, to which he objected, Melville writen ‘‘ When your grace went from hence, the instructions wer not printed neither had his Majestic positively ordered they should. I should be sory that your grace iucurre any prejudice on that account; this was not done in the least to reflect on your grace, but to vindicate the King from the aspersions of some ill-aflected people heere who did represent his Majestic as if he had been unwilling to redres the griveances of his people. This opinion by the printing of some pamphlets heere and other means used came to prevaile a litle with many, and when people begun to talke that the instructions given for satisficing the grivances could not abide the light, else they would be published, the King thought fitt they should ; and thogh that such a thing hath not been customary in former tymes its no sufficient reason against it, ther being no state intrigues to be keept secret, but plaine and clear evidence of his Majestie’s resolution to satisfie his peoples desires.” London, 9th January 16ff . Not printed. 251. Letter, the same to the same. He has no commands from the King, and can say nothing as to the refusal of some members of Council to take the oaths, nor as to the President of the Council signing, etc. London, 16th January [1690]. Not printed. [Enclosed is a copy letter from the King to the Council, relating to Mr. Archibald Riddell, minister of the Gospel, and James Sinclair of Frijswick, prisoners in France, wbo are hardly used there, and who are to be exchanged for two priests now prisoners in Scotland ; ordering that the two priests be securely kept, with intimation that they will be used in the same way as the French King uses the said Scottish prisoners, of which they may inform their friends in France that the exchange may be sooner effected.] 252. Letter, the same to the same. Transmitting a copy of the King’s letter to the Council ordering inquiry to be made as to the practice of a quorum signing acts or the President signing alone. London, 21st January 1690. Not printed. Cf., No. 249 supra. 253. The same to the same. Sending a copy of the King’s letter for further adjournment of the Scottish Parliament. London, February 13 th, 1690. Not printed. 254. The same to the same. That it is thought necessary that the west country be put in a position to act for defence of the Government, and he trusts Hamilton will enforce the orders given to that eflect. Edinburgh, 11th July 1690. Not printed. 255. The same to the same. Chiefly relating to continental matters. Nothing of special importance. London, 11th July 1691. [Not printed, but Hamilton’s reply is printed, ut supra, p. 628, of date 21st July 1691.] 256. The same to the same, in answer to Haaiilton’s of the 21st having reference to the Earl of Breadalbane’s negotiations with the Highlanders, and the delay of Sir Thomas Livingstone’s march [Cf. Nos. 158, 159, supra]. Concluding with continental news. 29th July [1691.] [Not printed, but Hamilton’s reply dated 3rd August 1691, is printed, p. 636.] The remainder of Earl Melville’s letters, dated at intervals up to 5th January 1692, are of no special importance. historical manuscripts commission. 193 257. Small packet of intercepted letters from Jacobites in Ireland to friends in Scotland. (1) A letter signed “George Middleton” written from Kilkenny to his father “ Major Eobert Middleton ” at Leith. He refers to his brothers James and John as in Flanders, while his brother Michael is with him, and William is in Catalonia with the French regiment of Switzers. He has left his wife in Paris. 25th March 1689. (2) A letter from Lord Drummond to his father the Earl of Perth. (3) Another letter, unsigned, to the same person, relating to Lord Drummond, both dated 28th March 1689. (4) A letter signed “ D. Nairne,” addressed to The Laird of St. foord Nairne, at his house of St. foord on the north side of Fife hard by the water syde of Dundie,” the writer’s brother, who is implored by all arguments to throw in his lot with King James. The writer has left his wife and all in France to follow the King. He presents his humble respects to his dear mother, his brother’s wife, and to his brother and sister. He had left his brother Thomas in France. Dublin, 29th March 1689. 258. Letter from the Earl of Shrewsbury (afterwards Duke) to the Duke of Hamilton, assuring him that the King is well satisfied with the zeal many of the lords and gentlemen assembled at Edinburgh have shown for the preservation of their religion and liberties, but specially with Hamilton’s prudence. A supply cf arms has been ordered to Scotland. London, 13th April 1689. 259. Letter from Sir John Dalrymple (afterwards second Viscount and first Earl of Staii) to the Duke of Hamilton, referring generally to the conduct of his fellow-commissioners from the Scottish Parliament [cf.. No. 172 supra], and he considers himself very ill-used by his colleagues. Hamilton’s conduct in the Convention is very acceptable. The writer’s father (Sir James Dalrymple) had laboured that no one but Hamilton should be summoned to Court “ in regard of the present circumstances and danger of invasion which was not minded heir, nor will they yett beleiv it. 1 am sur King James loses a great oportunity if at this tim when we hav no sufficient fleet, he does not attempt upon Britan. The Church party in the [English] Parliament is becom so jealous that they retard and render all resolutions in wain. Of lait sine the last ingadgment they seem to go a litle quicker, hot except ther be a purge or that they see King James attempts nothing, I do not expect great matters from this session. They hav gott it in ther heads that Avhen they hav don ther job they will be thankt off, and a new Parlement called as the legall security of whats don and the consent of the nation, therfor they go slow,” etc. London, 16th May 1689. 260. Letter from Sir James Dalrymple, father of the preceding, (first Viscount Stair) to the Duke of Hamilton, chiefly in vindication of his own personal acts and career, not dated [1689]. 261. From the same, defending himself from a charge of misrepre- senting Hamilton to the King. Hampton Court, 30th May 1689. 262. From Sir John Dalrymple. Of no special importance, chiefly commenting in a flattering tone on Hamilton’s services. London, 30th May 1689. 263. Letter from George Mackenzie, Viscount ofTarbat, to the Duke of Hamilton, with a petition to the Privy Council. 3rd J une 1689. [The petition narrates that Tarbat was imprisoned on a representation by General Mackay, that he had not used his influence with the Highland clans to prevent them from joining Dundee. The petitioner was not conscious of crime in the matter, and he denies that he had the alleged U 24964. N MSS. or THE Duke of Hamilton. 194 HISTOmCAL MANUSCKIPTS COMMISSION. MSS. influence with the Highlanders, whom so far as he could he had dissuaded. He prays for liberation.] 264. Letter from William, Master of Forbes, to the Duke of Hamilton, as to the pay of his troops, and the mustering of fencible men. Putachie, 18th June 1689. 265. From the same. That he had received the afflicting news [of the battle o£ Killiecrankie] and also Hamilton’s recommendation that ho should be on his guard, and if need be retire to the standing forces. He judges it will be best for him to remain in his district as retiring would leave the country open. He believes that he has been able to prevent Strathdon and other places from rising to join the rebels. Putachie, 5th August 1689. 266. Sir Patrick Home of Polwarth to the Duke of Hamilton, inform- ing him that the Council have passed an act for citing ministers who have not prayed for the King and Queen ; also an Act appointing a general fast. He gives some news of the conflict at Dunkeld between the Highlanders and the Cameronian regiment. The clans have sent a liisdainfol answer to the Act of Indemnity, etc. Edinburgh, 27th August 1689. 267.. From the same. That a number of ministers had been deprived by the Council. The rebels have become hopeless of relief from Ireland, and have left Blair of Athole. Some of them have come in under the Act of Indemnity. Edinburgh, 3rd September 1689. 268. From the same. That the Earl of Callander, Lord Livingstone, and Lord Duffus had been committed for complicity with the rebels. All persons in public trust are ordered to take the oath of allegiance. He had spoken with the deprived ministers and it seems they were willing to pray for King Williame and Queen Marie and submite to the goverment bot they scruple to read the proclamation of the estates, and I thinke they would come over that to and lykways take the oath of alleadgeance if it were put to them, bot the maine thing (I find) that hinders to cum all the lenth that otherways they would is that they are affrayed when they have dun all that the State desirs of them that yet therafttere they shall be turned out by the Presbitereane pairtie, when they get the goverment in ther hands, and soe they choyce rather to goe out upon the general heade hopeing ther will be a generall redres,’^ etc. Edinburgh, 5th September 1689. 269. Packet of letters from Sir John Dalryraple, Master of Stair, Secretary of State, 13th January 1691 to 30th December 1691. These letters are of no great public interest, containing few political allusions, and those chiefly relative to Hamilton himself. 270. Packet of letters from Gilbert Eliot, Clerk to the Council, in October 1691, on routine business. Also a few papers relating to the proceedings in Parliament in 1695, as to the Glencoe massacre. 271. Packet of letters from James Johnstone, Secretary of Scotland, between December 1692 and 11th September 1693, chiefly routine. In the last dated letter he writes, ‘‘ As to the prisoners for the oaths, your Grace will be pleased to know that the pressing of the oaths originally was in order to a new Parliament ; and that the King was told the last winter in my hearing that the Presbiterians moved by their aversion to a new Parliament had disswaded the Episcopall party to take the oaths. For my own part I doc not think a new Parliament for the King’s service, nor ever was for pressing the oaths on private men that behaved HISTORICAL MANUSCRIPTS COMMISSION. 195 themselves discreetly, but only to men in publick trust or who receive favours of the King, or who by word or deed discover their disaffection, for a handle to punish them. However some men are imprisoned upon that account, which both your Grace and I were active in doing, nether of us can be misrepresented as hindring men to take the oaths from the fear of a new Parliament, and many of these in prison are in the third classis, that is of men who have acted undutifully,” etc. 272. Letter from the Earl of Tweeddale, then Chancellor of Scotland, intimating a reported invasion from Prance, and summoning Hamilton to a Council to agree as to defence . Edinburgh, 27th April 1692. Accompanying this is a letter from the famous Andrew Fletcher of Salton. I know you will he surprised to receve a letter from me. But my writting to you in such ane exegerice showes the high estime I must have of you, and of that trew love you bear your religion and con- tray. If laying aside all other considerations, you do not come in presently and assist at Councel, all things will go into confusion, and your presence their will easily retrive all. The Castel has been very near surprised, and ane advertisment which Secretary Jhonston had from France and wrot hither hes saved it. When things are an}" ways composed you may returne to your former measurs, for I do approuve of them. I do advise your Grace to the most honorable thing you can do ; and without which your contray must perish. Your Grace’s most humble servant, A. Fletcher.” Edinburgh, 29th April 1692. 273. Packet of letters from Hamilton to the King and Queen, with two letters from them, in the year 1693. The most noteworthy is a holograph letter from King William. Au Camp de Diegem ce 2d de May 1693. J’ay voulu vous asseurer de ma main la satisfaction que j’ay de vostre conduite, et des pienes que vous pour mon seruice au Parlement d’Ecosse, les quelles je recognoisteres en tous les occasions ou je vous pouves donner des marques de mon e.itime et amitie. William E.” 274. Packet of letters from the Earl of Portland, between February 1692 and 17th August 1693 [in French] with Hamilton’s replies. None of these are of special interest, the earlier partly referring to Hamilton’s absence from the Piuvy Council, and those of later date being chiefly complimentary. 275. Packet of letters from the Reverend William Carstares, dated at intervals between 16th May 1692 and August 1693. Of these the most noteworthy are : (1) of date at London, 2&th March 1693, referr- ing apparently to the coming session of Parliament to which Hamilton was Commissioner. Carstares writes, after professing his own faith- fulness and Lord Portland’s honesty, I presume to think it may not be amisse that your Grace write such a letter to his Majestie as in your wisdom your Grace shall think suitable to what he hath done for your selfe and, by your Grace’s advice, for the good of the kingdom at this juncture ; and if I may have the honour to know when your Grace doth send such a letter I shall take the boldnesse to mind his Majestie of it, I being to have the honour to he near to him this campagn. What accounts of affairs your Grace shall think fitt to give me by your secretarie or otherwise shall be faithfullie and honestlie managed, and I doubt not but care will be taken that informations of matters be such as may capacitat any concerned in your Grace that shall be with the King to prevent credit being given to misrepresentations that some may be apt to make of what shall passe in Parliament or upon other occasions. N 2 MSSe THE Duke oj HAMILTO lf. 196 HISTOKICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. All I shall presume to trouble your Grace further with is that it is and shall be my earnest desire to the Almightie in your Grace’s behalfe that ill this criticall juncture you may have the honour to be an instrument of great good to your Prince and countrey as to religious and civill concerns,” etc. (2.) In a letter dated Loo, April 27, 1693, Oarstares writes, “The concern that I have that this Parliament may have an issue to his Majestie’s satisfaction and your Graire’s honour makes me take the boldnesse humblie to entreat that it may be endeavoured by your Grace to have things so managed that your greatest enemies may not have any shadow of a ground to say that affairs have been done out of picque against particular persons rather then from a concern for a publick good and the ease of his Majestie’s affairs. I know that your Grace and others have too good reason to complain of the conduct of some in the session, but I am sure that your Grace will find that it will be more for your own and the publick interest to forbear to make any representation by Parliament against particular men at this time then to doe otherwise, and I may confidentlie say that your Grace’s prevent- ing any such thing its being done by Parliament will give any repre- sentations that your Grace shall think fitt to make when you shall wait upon the King a double weight. I doe not only presume to say these things from my selfe, but it is my Lord Portland’s earnest desire to your Grace that for your own and friends sake no publick representation be made at this time against my Lord Stares or any others against whom any procedure may seem to flow from particular prejudice. His Lordship does advise this from an honest heart of a true friend to your Grace, and I hope your Grac;e will pardon the freedom which [the writer] presumes to take.” 276. Packet of letters from Lord Basil Hamilton, sixth son of the Duke of Hamilton, to his father, between 12th December 1691 and 19th May 1692. A few of these letters or rather excerpts from the most noteworthy were printed in the Appendix to “ Dalrymple’s Memoirs of Great Britain and Ireland ” in 1773. It cannot, however, be said that they are of special public interest, being chiefly occupied with the personal relations of the Duke of Hamilton, who was then dissatisfied with the Government and in opposition to Secretary Stair. 277. liCtters from various members of the family and others in reference to the last illness and death of William [Douglas], Duke of Hamilton. Among these letters the only one of interest is the following from Queen Mary to the Duchess of Hamilton. “ Kensing- ton, Aprill the 28th, 1694. I am so sencible of the just afliction you are in at this time that I hardly know what to say to you upon it, but I can assure the Duchesse of Hamilton that I am realy sory for the death of the Duke of Hamilton upon many more accounts then I have time to name, and I have ever had so much esteem for yourself as makes me perticulerly so for your sake, beliveing the losse of a good husban the dreadfulest thing that can hapen in this world. I pray God asist you to bear it as you ought. Nothing but his grace can supoit you. I am sure what can come from any els is rathere troblo then ease, therefore I shall say no more but that I am your afectionate fi iend. Marie R.” Addressed, “ For the Duchesse of Hamilton.” Among the more miscellaneous papers relating to the time of William [Douglas] Duke of Hamilton, is a packet of letters from James, Duke of York, and his Duchess, Mary of Modena, to the Duke and Duchess of Hamilton. These letters are somewhat of a private nature, but the more noteworthy are given below. HISTORICAL MANUSCRIPTS COMMISSION. 197 278. From James, Duke of York, to the Duke of Hamilton. “ New- market t, March 18th [1682]. I have giuen his Ma[jestie] an account of what you sayd to me when I came from Edenburgh, and did you all the right I could, and he has commanded me to tell you that he looks on it as for his service that you should take the test, which now I hope you will do and lett him in all things see I have not given a wrong caracter of you which will capacitat me the more to lett you see how true a freind I am to you. James.” A draft letter from Hamilton in reply, dated 30th March 1682, informs the Duke of York that he had on the preceding day taken the test, as it was thought to be for his Majesty’s service. 279. The Duke of York to the Duke of Hamilton, dated from Windsor, l7th June 1682; a friendly note, simply expressing “kind- nesse and esteeme.” 280. Draft letter, the Duke of Hamilton to the Duke of York, dated 26th December 1683, stating that “ hearing of late the surprising trans- actions at which all your faithfull sarvants seams concerned, I have presumed at this time to renew the assurances I gave your Eoyal Highness of my sincer intentions to sarve the King and your self, and that I resolve to the outmost of my power to oppose all desings to the prejudice of ether,” etc. To this the Duke of York replies : “ London, Jan[uary] 6, 1684. I have receued yours of the 26th of last month, and do easily beleue and intirly rely on the renewd assurances you giue me, being sure you will alway behaue your self as becoms a loyal subject to his Majestic and a good freind to me. You are very much in the right to call what has happned of late, in relation to the Duke of Monmouth, (those surprising transactions) for realy they were so, but since his duty to the King was not strong enough to master his ambition his discouering himself so sone after he had his pardon here, I thinke, was very lucky, for otherwise hauing those thoughts in his head, he might haue done much mischeef had he stayed at Court, and when he is not heare I thinke he can do little ; tis sayd he is gone beyond sea, and I beleue it, for he has not been heard of at his house in the country of late, and his wife says she does not know where he is. W e have very bitter cold weather here now, and the river has been quite frosen ouer euer since the 2nd of this month, which is all I shall say to you at this tyme, but to assure you you shall euer find me to be a true freind to you. James.” [Hamilton wrote again on 19th January 1684, pro- fessing his service.] 281. A letter from the Duke of York, dated London, 9th December 1673, refers apparently to Hamilton’s hesitation to act with the Govern- ment [cf. Nos. 42-45 supra]. “My Lord Duke Hamilton, I receued your letter some days since, to which 1 had soner answerd but that upon what you had writen to me in it [I] though [t] it necessary to enquire a little how his Majesty stood satisfyd with you as to some things had latly past where you are, as also to satisfy my self as well as I could what ground there was for what had been reported here, and to tell you true found his Majesty not well pleased with what you had done, and could have wished you had not giuen so much cause for what has been reported here, being sorry that you for whom I have always had so much kindnesse and esteeme should do anything to make his Majesty lesse satisfyd with you then I know he has been, and therefore I should be glad, if things have been misrepresented, you would do your part, and giue me the means of justifying you to him, for you shall have reason to looke on me as being your most afiectionat freind. James.” MSS. OP THE Duke o? Hamilton. 198 HISTORICAL MANUSCRIPTS COMMISSION, MSS. 01’ THE Duke ( Hamiitoh. 282o The letters of the Duchess of York are all addressed to the Duchess of Hamilton. The earliest is in reply to a letter dated 2nd March 1680, congratulating her Royal Highness on her safe arrival in London after a voyage from Scotland. St. Jamsis, the 17th of March. I received the other day yours of the 2d for the kynd expressions of which i giue you a thousand thanks, and assure you that as long as i liue i shall neuer forgett your kyndnesse to me, but shall always watch the occasions of shewing you my gratitude for it and lett you see the sense i have of it.’’ Various reasons for the delay in writing are given, and she adds ‘‘ My mother . . is coming hither on purpose to see me, and would haue been hear the last weeke if the wind had not been extrem high and contrary ; i expect her now euery day and you may imagine it will be a great satisfaction to me to see her befor she gos back into Italy. Pray when euer you writt to me dont do it with any forme or ceremony for i cant indure it from a friend, i look upon you as mine, and i assure you i am, without any compliment, truly yours, Mary. Pray remember me uery kindly to Lady Catterine.” 283. There are several other letters from the Duchess of York, the date of one or two being uncertain, while others are written during the first half of the year 1682 from January to May 14th, soon after which date the Duchess left Scotland. One letter, in reply to a letter of Duchess Hamilton’s, dated 26th December 1681, refers to a fall from horseback sustained by the Princess, but from which she suffered no serious evil effects. At another time, in answer to a letter expressing sorrow for the death of her “ louelie child,” the Princess writes from Edinburgh on April 4, [1681 ?] excusing her silence. . . , i was uery often ill, for a great while toguether, and was hardly recouered when i had the sad news of my poor glide’s death. You may imagine that it was a uery sensible affliction to me, hauing no other and as i fear neuer shall, but wee must all submitt to God’s will, i am extremly obliged to you for the concern you express to have for me and i thank you for it a thousand times ; i should have done it sooner, but that the last weeke was one of great devotion with us which hindered me from doing it. I do beleeve i haue had your pity in this my great trouble for i know you are good natured and beside you have always giuen me so many assurances of your kyndnesse that i do beleeue you haue som for me. Fray be you as just to me and neuer doubt of my beeing with great sincerity truly yours, Mary.” Section III. — Letters and Papers relating to James, fourth Duke of Hamilton, 1678-1707. 284. Letter from King Charles the Second to Anne, Duchess of Hamilton, as to her son. ‘‘ Whithall, 8th ]Srou[ember] 1678. Madame, This bearer your son has so much in his lookes of your father and vncle, as I cannot chuse but be very kind to him vpon that score, and I am confident [lie] will deserue no lesse of me vpon his owne. I do make it my sute to you, tliat you would giue him leaue to returne hether, that he might make a little voyage with a frind of myne. He will tell you himselfe the particulars. I shall add no more only to assure [you] that I am, Madame, your affectionate friend Charles R.” Addressed, For the Duchesse of Hamilton.” 285. Small packet of letters from the Earl of Melfort to James, Earl of Arran, during April, May, and June 1687. These letters refer chiefly to the dispute between the Duke of Hamilton and the Earl of Perth as HISTOKICAL MANUSCRIPTS COMMISSION. 199 to the occupancy of certain rooms in Holyrood House, but they touch MSS. on other matters also. Writing on 23rd April 1687. Melfbrt says The death of the Duke of Buckingham [George Villiers] has procured the Garter to the Earle of Sunderland, at which you may judge I am not a litle pleased.” Of the Order of the Thistle then newly instituted, he writes, on 7th May, As for the Order of the Thistle its antient splendor is mor then all the neu tacks, and as for thes who will not be fond of it, I am of opinione they should not hav it but ther will be no defect ; ther is a nomination of some, but you will be hear befor they be publique. In the meantime you shall come in your own place.” After the issue of the Order, Melfbrt writes, on 26th June 1687, The Order, of which you ask, has had effects beyond my expectatione, so that I wold not giv a farthing betuixt the Garter and it, if both wer in my choise, and to all forraigners ours seims preferable becaus of the rise of it.” 286. Packet of letters, chiefly drafts, from James, fourth Duke of Hamilton, to Queen Anne, Sarah Countess of Marlborough, the Earl of Godolphin, and others. These letters are dated in the early part of the year 1702, and refer to Hamilton’s proceedings in the Parliament of 1702, but contain nothing of special importance. 287. Letter from John' [Paterson], Bishop of Glasgow, dated Edin- burgh, 13th February 1703 : ‘‘ I no sooner heard of the sillie memoirs of Bishop Guthrie’s [Henry Guthrie, Bishop of Dunkeld] being come in printt to this place, but I^^mynded where ane originall manuscript of Sir James Turner’s observations upon them was to be had; and ceased not till I got it and took a copie of it. . , . He [Sir James] being ane officer in the engagement 1648 under your Grace’s noble grandfather, and a growne man before the fatall transaction of the Covenant and rebellion following it, is off sufficient authoritie to confute the base, foolish, and calumnious passages in the Bishop’s memoirs which tend to the black- ning of the honor and integritie off your said grandfather and of his brother, Duke William. I am sorrie such memoirs sould ever been written, much more that ever they sould haue been printed, and most of all that they sould haue a bishop for their author. Your Grace knows best how to make use off this copie (the original manuscript being in the hands of Sir Robert Sibbald, all written % Sir James Turner’s ov/ne hand) in anie thing which may be published in confutation off these idle memoirs. I hope your Grace will not be angrie with the sacred order for the follie or malice off one who wrote them quhen a rigid Covenanter long before he had the honor to bear the caracter off a Bishop,” etc. In a P.S. the Bishop adds, ‘‘ I sail take care to cause Sir Robert Sibbald (who is a doctor off medicine here) preserve the originall manuscript in case it may be needed. It wes Avritten aboue twentie years agone, and is so much the more noticeable now.” [The paper of which Bishop Paterson sends a copy to the Duke of Hamilton contains the observationsLy Sir James Turner on Bishop Guthrie’s MS., refuting the Bishop’s statements about the first Duke of Hamilton, etc. These observations are printed in the first Appendix to the Memoirs of Sir James Turner, issued to the Bannatyne Club. They were printed from the original MS., now among the Sibbald MSS. in the Library of the Faculty of Advocates, Edinburgh.] 288. Packet of letters to the Duke of Hamilton, from the Duchess of Hamilton his mother, the Earl of Home, and George Lockhart of Carnwath, all opposed to the Union of Scotland with England. These 200 mSTORICAL MANUSCRIPTS COMMISSION. OF theDuze op ^^tters are written at intervals during the years 1700, 1706, and part of Hamilton. 1707, and contain nothing of special importance, but the following may be given as examples : — Letter from the Earl of Home, dated at Edinburgh, 3rd March 1705, to the Duke of Hamilton, who was then in London, and who had desired to know the position of parties in Scotland. “ . . Although your Grace desyres to know many things . . . , the certainte of some of them I cannot be positive to averre, yet I shall goe doss to answer your letter in all particulars as fare as I can. In the first place,, I have mett with all our freinds that are in toun, who are all firme and steady and of opinion that although the Duke of Queensberry joyne with the secretaries and Ai*gyle (who is now certainly Commissioner), they will not be able to carrie their maine designe, for ther are many of his freinds who will not goe along with him in it, particularly the Earl of Galloway and his brother the Earl of Bute, and his (sic) and seaverall others. As to the inclinatione of the people generally speaking, I find every bodye very ill satisfied with the treatment of the Parliament of England, but all seems to be much irritated, and I truely beleive in this cessione of Parliament we may raithergaine then loose by it. As to the Duke of Queensberry’s freinds, the Earl of Staires, &c. are very fond to have him come down. But others who I think have als much freind- ship for him are very positive that he ought not, and have advised him soe. I can give you litle account of Rothes, but I can assure you in generall that all the new courtiers here are very dissatisfied at present, being persuaded that iff the Duke of Queensberry doe joyne with the rest they are only to be tools to bring about the designes which are hatched in this Parliament, and then to be turned off after the Parlia- ment is over. I doubt not your Grace knows that Seafeild is to be Chancellor, Annandale Secretarie, and the Chancellor President of the Counsell. Annandale seems to be very ill pleased with this change. The J ustice Clerk continues after his old manner very hot, but I can assure you that he hath had noe influence to make proselites. As to the Thesaurer Deput, your Grace knows that he is ane very doss man, and can not easily be pumped ; but certainly he will be at the Register’s beck, who is lost if Queensberry succeid. I dare assure your Grace not one of the Justice Generali freinds will goe along with them. Eglintoun is very firme, and not well pleased Seafield.” The writer concludes by an earnest wish that the Duke were himself in Scotland. In a later letter, from the Hirsell, 19th March 1705, Lord Home again writes, urging Hamilton’s speedy return and quotes a ‘‘ letter written by a person of quality, and in a considerable post, to a friend at Edinburgh, wherein he sayes that if the D[uke] of H[amilton] bestirre hiraselfe in this session of Parliament he may doe good to himselfe and friends and great service to his country.” George Lockhart of Carnwath, writing about the beginning of March, gives an opinion of affairs similar to that of Lord Home, and adds, In generall I may venture to say that I belive the plurality of the nation by far, whither you consider number or interest, do resent the male-treat- ment wee have received from England, and have found it the unanimous opinion of all your Grace’s freinds here, that the making the least advance towards any treaty with England, untill they’r late Act in relation to us be repeald, is alltogether inconsistent with the honour of this nation, but the measures how to obviat the same cannot be concluded and agreed upon, untill your Grace comes to this country.” He there- fore begs the Duke’s presence with all haste. “ . . . Ther is one HISTOKICAL MANUSCRIPTS COMMISSION. 201 thing that all your Grace’s freinds were unanimous in, and requird me to show so much to your Grace, and that is they thought it absolutely necessary for promoting the interest of Pat : Steils club that your Grace and [Fletcher of] Salton were again in good understanding. Nobody will pretend to justifye all his actions and manner of proceedings, but yet he is so usefull a member of a party (take him alltogether) that your Grace cannot but perceive how great a disadvantage it would be not to have him in concert att this time. The means and ways how to bring this reconciliation about must be left on your Grace’s part to yourself, but that it were ellected is the hearty wish of all your Grace’s freinds, and I have reason to belive Salton is very farr from being averss to it, but on the contrary very desirous of it.” On 26th March 1705, Lockhart writes, giving the Earl of Roxburgh as the author of a saying similar to that quoted by Lord Home, on which he comments, “Whither this be cunning in hopes to fish into our designes, or whither it proceeds from a designe of returning again amongst us I shall [not] pretend to determine, but I think to save the boat wee ought to make use of all seamen whither formerly pyrates or fair-dealing traders.” He again urges Hamilton’s speedy return. On 12th April 1705 Lockhart refers first to a threatened attack by the “ rable ” on Ghancellor Seafield, and then to an interview which he had with him. “ At first I found him very much upon his high horse, asserting that wee designed plainly one of 2 things, either to establish a commonwealth or a popish successour, against both which he’d venture life and fortune. I fell a laughing and told him that now I was realy convinced that he and the D. of Queens — ry had patched up ther breaches since his Lordship was pleasd to lay hold on his arguments, to which he answered, by no means, he was not in that freindship with that Duke that I supposed, and for his part he expected if this Court prevaild he would not long remain in his post. He told me positively that unless wee’d setle the successour wee need not expect to obtain any laws for regulating our constitution, and if wee’d not give mony theyd govern us without ane army, and the great argument he insists on for leaving the nomination of the treaters to the Queen is that this country is divided, and that th erf ore she’l make a better choise than wee can do. In short, my Lord, all I coud make of or do with him was to see that he remained the old man, ready to stand with the upmost and argue in behalf of evry thing that’s projected, and I threaten’d him with being entirely demolished and run down nixt Parliament. ... I cannot see how the Court can propose to themselves to be able to carry throw ther point, and tis without doubt that if wee manadge our affairs right we shall do our business bravly. The Chancelour told me that they had not concluded what measures to take. I told him I suposed before the Duke of Argyie accepted his office that the Queen and he had concluded upon the con - ditions that was to be required of him, so that they coud not but know and evrybody pretended to know w’hat it was they had engadged to do to the Queen and English ministry. Yes, says he, that’s true, but wee dont yet [know ?] what methods to take to effectuat. As for that, my Lord, says I, [I] hope all of you shall still be ignorant, and neither ever come to a resolution nor be capable to put it in practice, and realy what he said to me I belive to be true for I do not hear that either himself or his agents are going about as they used, and I suppose they find they’r engadged to loose so ravelled a knot that they know not att which end to begin, and will do nothing till his High and Mighty Grace come down, who as far as I can understand knows nor proposes no way to loose such MSS. or THE Duke oe Hamilton. 202 HISTORICAL MANUSCRIPTS COMMISSION. MSS. Gordian knots, but like Alexander the Great to ciitt them with his OF THEDuXE of QwnrrI Hamilton, sword. — The Duchess of Hamilton’s letters are for the most part dated towards the close of 1706 and the beginning of 1707. They show a strong animus against the Union, and that the people of the district were encouraged by her in expressing opposition to the measure, while she encourages her son the Duke in his dissent. 289. Packet of letters addressed to James, fifth Duke of HamiJton, by various Scottish Peers, in 1722, in reference to certain attempts to curtail their privileges in the House of Lords. ADDITIONAL HAMILTON CHARTERS RECENTLY DISCOVERED. Since the foregoing part of this Report was written, a large number of charters, and other writs of a similar nature, were discovered at Hamilton, not in the charter-room, where the writs previously reported on were examined by me, but in a garret in the Chamberlain’s office. No person now connected with the affairs of the Duke of Hamilton was aware of the existence of these writs. The large and spacious charter- room, which is one of the best in Scotland, was built and arranged in the time of Duke Alexander, grandfather of the present Duke. Duke Alexander guarded his charter-room so carefully that it is certain the large collection of charters recently discovered apart from the charter- room must have been separated from the other writs before his time. From markings on several of these papers it is probable that they had been inspected by Lord William Douglas, Duke of Hamilton, the husband of the Duchess Anne. Immediately upon the discovery the Duke of Hamilton’s agents communicated the fact to me, and by their courtesy I have been enabled to make a full examination of the documents, which has resulted in the following additions to the Report on the charters. The writs now reported on, though comparatively few in number, have been selected from a large collection of papers, which, on examina- tion, proved of little public interest. Of these here noted, some have a considerable historical interest, while others, of less apparent value, are illustrative of some items of local or personal history. The numbers run consecutive with those of first Report pp. 1-59 supra. The document first reported on [No. 122 infra] is a charter by King David the Second, confirming and narrating a grant by his father. King Robert the Bruce, to Oliver Carpenter, of the lands of Eddlewood near Hamilton. This is a grant which, if tradition could be depended upon, commemorates one of the numerous narrow escapes made by that monarch. It is related in some of the MS. versions of Bower’s con- tinuation of Fordun, that Bruce being extremely desirous to possess the castle of Dumbarton, then held for the English by Sir John Menteith, entered into negotiations with the latter, who at last sent a message that he would deliver the fortress on a set day. As Bruce and his followers were on their way to take possession, they were met by a carpenter, whom Bower calls Roland, who warned the King that Menteith had laid a snare for his destruction. Thus forewarned, the HISTOEICAL MANUSCRIPTS COMMISSION. 203 King took measures which defeated Menteith’s treachery, and the latter was, it is said, confined in the castle until the near approach of the battle of Bannockburn, where he was forced to fight against the English. This incident is said to have taken place in the year 1311, and the writer adds that the carpenter was rewarded by King Robert with the lands of Edalwood in Clydesdale. Buchanan, in his History of Scotland, also narrates this incident of Roland the carpenter, placing it, however, at a date after the battle of Bannockburn. Hitherto the only apparent corroboration of this narrative has been an entry in Robertson’s Index of Missing Charters [p. 21], which records among those of King Robert Bruce : — Carta Oliuarii Carpentarii of ane bounding infeftment of the lands of Edalwood in valle de Clyd, Lanerk.” Founding on this entry alone, Mr. Chalmers [Caledonia, Vol. III., p. 873^^] alleges that Bruce obtained possession of Dumbarton partly by capitulation, and partly by stratagem, adding, Oliver a carpenter, the author of the stratagem, was rewarded by a grant of the lands of Edalwood in Clydesdale.” In the writ now reported, however, we have a confirmation of the writ to Oliver the carpenter, with a copy of the original, and it cannot be said that it bears out the statement made by Chalmers. No reference is made in it to his special service, and no conclusion whatever can be drawn from it as to the truth or falsehood of the tradition. It may be added that there is reason for doubting the incident, as it is said to have occurred in 1311, while Sir John Menteith had already in 1309 sworn fealty to Bruce, and was afterwards a prominent adherent of that king. Oliver the carpenter has been assumed, by a writer on the subject, to be a relative of the Hamilton family, on the ground that they succeeded to his lands of Edalwood ; but this view is founded on imperfect evidence. The first grant made to the Hamiltons of the lands of Edalwood was in December 1367, when, as shown in No. 3 of this Report, it was, for special reasons, added to the barony of Cadzow. The lands were then held in tenandry of the Crown, and the feudal service of the tenant was also granted to the then Lord of Cadzow. A few montJis later, in April 1368, the lands were [according to No. 123 now reported on] bestowed by King David upon Sir William Cunningham. These writs show that the lands were then, by the decease of Carpenter without heirs, or from some other cause, in the hands of the Crown, who granted them to the Hamiltons, and they were not inherited by that family. The next writ [No. 124] has nothing special in its contents, but the persons of whom it treats are noteworthy. The grantor of it, Hugh, Lord of Douglas, was the immediate younger brother of the “ Good Sir James,” and, though he was an ecclesiastic, being rector of Old Rox- burgh and a canon of Glasgow Cathedral, he exercised proprietary rights over the Douglas estates, and various charters by him still exist. He is usually said to have been the direct heir of his brother Sir James, but it has recently been shown in The Douglas Book ” that Sir James left a son, William Douglas, who succeeded to his father in the lordship of Douglas. While still a youth, William Douglas of Douglas was killed at Halidon in 1333, along wdth his youngest uncle Archibald Douglas, then Regent of Scotland. The Sir William Douglas, to whom the charter is granted, was the famous Knight of Liddesdale, who had, during the years between 1335 and the date of this grant, made himself conspicuous in irregular warfare against the English invaders of Scot- land, and he also did much to preserve those portions of the Douglas estates which lay on the borders of Scotland. Hugh, Lord of Douglas, in return, made numerous grants of land to his kinsman, one of which MSS. or THE Duke or Hamiltox. 204 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. is now reported on, the latest probably made by him as Lord of Douglas. Four days later he resigned the whole lands of Douglasdale and others into the hands of King David the Second, who regranted them in favour of William Douglas, afterwards first Earl of Douglas, son of Sir Archi- bald Douglas the Regent, with a reversion to Archibald Douglas, natural son of the Good Sir James. The lady, whose writ is confirmed by Hugh Lord of Douglas, was the widow of Sir Henry Haliburtony who had died about 1330. The documents immediately following [Kos. 125 and 126] are by William, first Earl of Douglas, but call for no special notice, except that Alan Lauder, named in the second writ, was the second son of Sir Robert Lauder of Quarrelwood and the Bass, and the immediate ancestor of the family of Lauder of Hatton, now lineally represented by the Earl of Lauderdale. The next writ [No. 127] is a discharge by Gilbert McLellan of Balmaclellan, a Galloway landowner, in favour of Sir Archibald Douglas (Archibald the Grim), Lord of Galloway, afterwards third Earl of Douglas. It has been asserted that this Grim Lord of Galloway oppressed his vassals in that district, but this discharge shows that he also paid full money value for the rights acquired by him. In the next generation the lands of Balmaclellan were granted to the ancestor of the Gordons of Lochinvar and Kenmure. Passing over the intervening numbers as of no special importance. No. 130 (3) may be referred to as a writ of which the exact date has hitherto not been generally known. It is of some importance as fixing the date of the marriage of Sir James Sandilands of Calder and Princess Joanna daughter of King Robert II. She was the widow of Sir John Lyon of Glamis whom she married in 1378, and who was assassinated on 4th November 1382. At the time of her marriage to Lyon she was the widow of Sir John Keith, eldest son of Sir William Keith, Marischal, whom she married before 1370. The next writ reported [No. 130 (4)] i& also not now known to be extant in the original, nor is it on record. No. 130 (5), although an imperfect copy, is of interest as recalling an expedition made by various Scottish Knights to Dantzic about the year 1389 and later. Their principal leader was Sir William Douglas of Nithsdale, a natural son of the third Earl of Douglas, and one of the most famous warriors of his day. Sir Robert Stewart of Durisdeer,. ancestor of the family of Rosyth, was a companion in arms of that Sir William Douglas, and he is probably the person to whom the receipt was granted. It is more difficult to identify the Sir James Douglas who by this writ acknowledges his debt, but he may have been one of the Douglases of Dalkeith. The promise that if he failed to repay the loan he would not wear the armour of a knight without his creditor’s per- mission is characteristic of a chivalrous age. Writ No. 131 is the only charter at present known to exist of James of Douglas, Earl of Avondale, granted after his succession to the earldom of Douglas. He is popularly known in the Douglas History as James the Gross, owing to his great corpulence. As stated in the note to the charter it must have been granted very shortly after the Earl’s succession, and this is corroborated by the fact that his seal describes him not as Earl of Douglas, but by his earlier title of Earl of Avondale. To that charter is also appended the seal of his eldest son William, afterwards eighth Earl of Douglas, whose tragic fate by the hand of King James the Second in the Douglas room in Stirling Castle is well known. Nos. 136 to 150 call for no special remark. No. 151 records the resignation by Sir James Hamilton of Finnart, natural son ot James HISTORICAL MxVNU SCRIPTS COMMISSION. 205 first Earl of Arran, of all possible right to his father’s estates which he had [by No. 27 of this Eeport, or] in any way. A comparison with No. 108 shows that it was almost on the last day of his life that the Earl required this resignation from Sir James, who was appointed guardian to his lawful brother James, second Earl of Arran, afterwards Governor of Scotland. A charter by King James the Fifth in 1559 [No. 156] has preserved an old charter of the lands of Western Byres, which will be interesting to antiquarians, as it connects the old family of Graham of Abercorn ’with the barony of Torbolton in Ayrshire. The remarkable instrument reported on in No. 158 does not appear ever to have been seen by later historians, though its contents are referred to by writers of the sixteenth century. It appears to be the original document upon which Cardinal Beaton founded in his bold attempt to gain chief authority in Scotland after the death of King James the Fifth. Of this design Buchanan, who was a contemporary, in his history says : ‘‘ Having bribed Henry Balfour, a mercenary priest, he (the Cardinal) with his assistance forged a false will for the King, in Avhich he himself was nominated head of the Government and three of the most powerful of the nobility joined with him as assessors.” This is precisely the tenor of the document now reported on, which is drawn up in the usual form of a notary’s instrument by a Henry Balfour, who asserts that he is a presbyter of the diocese of Dunkeld and a notary public by apostolic authority. He authenticates the instrument by his subscription Henricus Balfour, Notarius Publicus.” The document bears to have been carefully prepared. The witnesses named as being present on the occasion are eleven in number, including the Master of the Household, the Gentleman of the Bedchamber, the Doctor, and other persons both lay and clerical. The writ bears the date of 14th December 1542, but, according to the Treasurer’s accounts, the King lived until the 16th. An indorsation on the instrument in a very large hand, quite different from that in the writ itself, bears that Henry Balfour “ never was Notar ”. A further charge was made against the Cardinal that he had forced the dying King to subscribe a blank paper, on which a will was afterwards written to the Cardinal’s dictation. But Knox, and Calderwood, in their respective Histories, state that the Cardinal, coming suddenly to the King, asked, with other questions, “ ‘ sail there not be four regents chosin, and sail not I be principal!.’ Whatsoever the King answered, documents were taken that so it should be as my lord Cardinal thought expedient.” This is more consistent with the character of the Notarial Instrument now in question, which details, as was usual in such instruments, all that was done in presence of the writer. It tells of the King’s illness, alleges his anxiety about his daughter and the kingdom, and narrates how he appointed David Beaton Cardinal and Archbishop of St. Andrews, James Earl of Moray (natural brother of the King), George Earl of Huntly, and Archibald Earl of Argyll, to act as tutors testamentary to his infant daughter, and also as Governors of the Kingdom. This agrees with the account given by Calderwood, and there is therefore every probability that the present writ is the very document which was thus founded upon by Cardinal Beaton. As is well known, however, his attempt was unsuccessful, his alleged authority being declared a forgery, and the Earl of Arran was appointed" Governor. The Instrument had probably been taken possession of by the Governor Arran as a superseded document. It has apparently continued amongst the Hamilton Muniments ever since the time of the Governor Arran. MSS. OP THE Duke op Hajiilton. 206 HISTORICAL MANUSCRIPTS COMMISSION* or THE Duke or The Act of Parliament appointing him Regent and the Notarial Instru- favour of the Cardinal, which would have set aside Arran, have thus been preserved in the same charter chest, but hitherto the last-named deed has escaped observation. Of the remaining writs now reported on the following are the most noteworthy. No. 160, illustrating the practice of pledging the king’s jewellery and other ornaments for balances due to the Treasurer in the Exchequer Account. No. 167 shows the scarcity of money, and the care with which creditors stipulated the names of the coins of gold and silver in which their loans should be repaid. No. 169 tells the story of a wealthy churchman who was robbed of his plate and money by the Earl of Arran, eldest son of the Duke of Chatelherault. No. I7l illustrates the difficulty experienced by some of those known as the banished lords ” in recovering possession of their lands, after their restoration to favor in 1585. No. 173 details the salary and payments made to the Captain of the Castle of Brodick and Isle of Arran, while No. 174 shows how the sheriff of a county and his deputies were held reponsible for deficiency in the amount of taxation expected from within their bounds of jurisdiction. Besides the writs now fully reported, there are, among the papers recently discovered, a number of estate accounts, and teind-books of the properties of Crawford, Crawford-Douglas and Douglas-Moor, dated between 1641 and 1669 ; but these, on examination, showed nothing worthy of detailed notice. There are also various writs relating to the lands of Elieston and Manerston in the shire of Linlithgow. Some of these have been noted, but the remainder are not of sufficient importance to be reported on. 122. Charter by King David II. confirming a charter granted by his father King Robert Bruce to Oliver Carpenter of the lands of Edalwood. n.d. Dauid Dei gracia Rex Scottorum Omnibus probis homiuibus tocius terro sue clericis et laicis salutem. Sciatis quod inspeximus registrum recolende memorie domini Roberti progenitoris nostri regis Scocie vbi inuenimus vidimus et inspeximus transcriptum carte eiusdem domini progenitoris nostri facte quondam Oliuero Ca[r]pentare tenorem de verbo in verbum continens subsequentem, — Robertus Dei gracia Rex Scottorum Omnibus probis hominibus tocius terre sue salutem : Sciatis nos dedisse concessisse et hac present! carta nostra confirmasse Oliuero Carpentare dilecto et fideli nostro pro homagio et seruicio suo totam terram nostram de Edalwode infra vallem de Clude per diuisas subscriptas, videlicet, sicut Poldeuyn vsque Curschalan et sicut ascendendo le burne de Eckerly et sicut ascendendo le Lyme- kilnburne vsque in Crauschaw et sicut ex transuerso le Espleylau et sicut descendendo per le Pissandbryk vsque le Forestburne et sicut descendendo le Forestburne vsque le Milne-damme de Cadzov et sicut per terram de Brekualstoun vsque Poldeuyn ; Tenendam et [habendam] prefato Oliuero et heredibus suis de nobis et heredibus nostris libere quiete plenarie et honorifice in boscis et planis in pratis et pascuis in viis et semitis in stagnis et molendinis ac multuris in moris et marresiis in aquis et piscariis cum omnibus commoditatibus, libertatibus aysiamentis et iustis pertinenciis suis tarn non nominatis quam nominatis : Reddendo inde nobis et heredibus nostris dictus Oliuerus et heredes sui quatuor marcas sterlingorum annuatim ad terminos Pentecostes et Sancti Martini proporcionaliter ; et faciendo inde forinsecum seruiciura HISTORICAL MANUSCRIPTS COMMISSION. 207 nostrum vnius architenentis, et tres sectas curie ad curiam nostram de Cadyov ad tria placita capitalia per annum tantum. In cuius rei, etc. Testibus, etc dicti quondam domini progenitoris nostri omnem sicut in eadem plenius et integrius . , . • . testimonium presentibus sigillum nostrum precepimus apponi: Apud Edynburgh vicesimo quinto die mensis Julii .... [Original much torn and defaced.] 123. Charter by King David II. granting the same lands to Sir William Cunningham. [1368.] Dauid Dei gracia Eex Scottorum Omnibus probis hominibus tocius terre sue salutem. Sciatis nos dedisse concessise et hac presenti carta nostra confirmasse dilecto consanguineo nostro Willelmo de Conyngham militi totam terram nostram de Edalewod cum per- tinenciis in baronia de Cadiow infra vicecomitatum de Lanark quam quidem terram alias sibi concedebamus per car tarn nostram Tenendam et habendam eidem Willelmo et heredibus suis de nobis et heredibus nostris in feodo et hereditate per omnes rectas metas et diuisas suas cum omnibus et singulis libertatibus commoditatibus aysia- mentis et iustis pertinenciis suis quibuscunque ad dictam terram spectantibus seu quoquomodo iuste spectare valentibus infuturum reuocatione nostra non obstante Faciendo inde seruicium debitum et consuetura : In cuius rei testimonium presenti carte nostre sigillum nostrum precepimus apponi; Testibus venerabilibus in Christo patri- bus Willelmo episcopo Sancti Andree et Patricio episcopo Brechinensi Cancellario nostro, Eoberto, Senescallo Scocie Comite de Stra theme nepote nostro, Willelmo Comite de Douglas, Eoberto de Erskyne, Archebaldo de Douglas et Willelmo de Dysechyngtoun, militibus. Apud Edynburgh decimo octauo die Aprilis anno regni nostri tricesirao none. [1368.] Note , — Neither of the two preceding writs are to be found in the existing registers of the Great Seal. 124. Charter of Confirmation by Hugh Lord of Douglas to Sir William Douglas, Lord of Liddesdale. 1342. Omnibus hanc cartam visuris uelaudituris Hugo dominus de Douglas salutem in Domino sempiternam Noueritis nos cartam domine Agnetis domine de Morthintoun factam domino Willelmo de Douglas domino de Ledelsdale consanguineo nostro speciali et suis mentis predilecto, non cancellatam, non abolitam, non suspectam nec in aliqua sui parte viciatam inspexisse, ac veraciter intellexisse in haec verba. Omnibus hanc cartam visuris uel audituris Agnes domina de Morthingtoun salutem in Domino sempiternam Sciatis me dedisse concessisse et hac presenti carta mea confirmasse in mea legitima viduetate nobili viro domino Willelmo de Douglas domino Vallis de Ledel, militi, illas quadraginta solidatas terrarum et annui redditus me hereditarie contingentes in dominio de Lavredre quas et quern predecessores mei tenuerunt a Comite Buchanie, et ego tenui vt de feodo a domino Jacobo quondam Domino de Douglas et vallis de Lawedre, videlicet duas bouatas terre iacentes in villa de Newby ggyngh et dimediam marcatam terre in dominio vallis de Lawedre; dimediam marcatam terre in Leuedyparke cum dimedia marca annui redditus in molendino de Aldystoun. Tenendas et habendas eidem domino Willelmo heredibus suis et suis assignatis adeo libere quiete integre plenarie et honorifice sicut ego uel predecessores mei dictas terras cum dicto annuali redditu liberius MSS. or THE DUBIE or Hamilton 208 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. de quocunque capital! domino eiusdem vnacum omnimodis libertatibus commoditatibus aysiamentis et iustis pertinenciis ad dictas terras et annualem redditum spectantibus sen quoquomodo spectare valentibus in futurum Faciendo inde dictus dominus Willelmus, heredes sui uel sui assignat! capital! domino eiusdem seruicia inde debita et consueta; et ego vero prefata Agnes heredes mei et mei assignat! dictas terras cum annual! redditu predicto contra omnes homines et feminas warantizabimus acquietabimus et inperpetuum defendemus. In cuius rei testimonium presentibus sigillum meum est appensum ; hiis testibus Eoberto Mawtalent, Waltero de Halyburtoun, Patricio Heryngh, Alano de Trebroune, Henrico de Hage et multis aliis. Nos vero huic donacioni et concession! consencientes expresse dictam cartam in omnibus suis articulis approbamus et ratificamus ac ipsam^ pro nobis et heredibus nostris et nostris assignatis, tenore presentis carte nostre inperpetuum confirmamus. In cuius rei testimonium present! carte nostre sigillum nostrum apposuimus ; hiis testibus, Dominis Dauid de Berkyllay domino de Brekhin, Willelmo de Leuyngstoun et Andrea de Douglas militibus, dominis Bullok tunc camerario Scocie et Eicardo Smal decano Glasguensi et Willelmo de Faireley et Jacobo del Sandy- land. Datum apud Edinburgh vicesimo secundo die mensis Maii anno Domini Millesimo tricentesimo quadragesimo secundo. 125. Precept of Sasine by William, Earl of Douglas, etc., in favour of Fergus of Airth. 1,366. Willelmus Comes de Douglas dominus vallis de Ledel, Willelmo Mautalent balliuo nostre Eegalitatis de Lawedre, salutem ; Nos veredice intelieximus quod quondam dominus Hugo de Ertlie, miles, pater Fergusii de Erthe obiit vestitus et saisitus vt de feodo de terris de Wormotistoun cum pertinenciis que de nobis tene[n]tur in capite infra balliam vestram, et quod dictus Fergusius est legitimus et propin quior heres eiusdem quondam domini Hugonis patris sui de eiisdem terris cum pertinenciis Vobis precipimus et mandamus quatinus dicto Fergusio vel actornatis suis saysinam hereditariam de omnibus terris predictis exhiberi faciatis, saluo iure cuilibet, visis presentibus indilate In cuius rei testimonium sigillum nostrum presentibus fecimus appoui. Datum apud Perht in festo beati Jacobi Apostoli [25 July] anno Domini millesimo ccc^®lx“®vi*®. The Earbs seal is attached, in a broken con- dition. A shield couche supported by a recumbent lion, bearing three stars in chief and a heart in base. Crest, on a helmet a plume of feathers. The legend is much defaced. 126. Precept by the same Earl in favour of Alan of Lauder in the same lands. 1366. Willelmus comes de Dovglas, dominus wallis de Ledale ac regalitatis de Lawedir dilecto consanguineo nostro Willelmo de Lyndesay salutem ; vobis precipimus et mandamus quatenus Alano de Lawedir et Alicie vxori sue coniunctim et eorum diucius viuentivel actornatis suis saysinam hereditariam de Integra terra de Wrmottistoun cum pertinenciis infra regalitatem nostrum de Lawedir quamquidem terrain Fergusius de Erth verus tonens noster eiusdem in manus nostras pure et simpliciter resignauit et per fustum et baculum sursum reddidit exhibere faciatis saluo iure cuiuslibet secundum tenorera carte nostre sibi inde confecte ad quod faciendum vobis nostrum plenariam potestatem et speciale mandatum in officio veri balliui committimus per presentes. In cuius rei testimonium sigillum nostrum presentibus fecimus apponi. Datum HISTOKICAL MANUSCKIPTS COMMISSION. 209 apud Edinburgh vicesimo octauo die mensis Julii anno Domini millesimo ccc’^olxvho. Seal wanting, 127. Discharge by Gilbert McLellan of Balinaclellan to Sir Archibald Douglas, Lord of Galloway. 1380. Pateat vniuersis per presentes me Gilbertum McLellane dominum de Balmaclellane recepisse et plenarie habuisse per manus domini Doiienaldi Mclndoly Pectoris de Butyll nomine et ex parte domini mei domini Archebaldi de Douglas domini Galwydie quadraginta libras sterlingorum de residua et vltima solucione quibus idem dominus meus dominus Archebaldus de Douglas michi tenebatur pro resignacione terrarum raearum sibi facta, plenarie prout in carta sua michi per eundem dominum concessa et in meis euidenciis et resignacionibus sibi factis plenius declaratur et proportat ; de quaquidem surnma pecunie teneo me bene contentum et predictum dominum Archebaldum de dicta summa et de omnibus aliis oueribus michi qualitercunque propter hanceausam debitis quiete clamo per presentes imperpetuum pro me et heredibus meis In cuius rei testimonium sigillum meum presentibus est appensum. Datum apud Brintyll tercio die Januarii anno Domini millesimo ccc™® octogesimo. [Seal wanting.] 128. Precept of Sasine by Archibald, Earl of Douglas, Lord of Galloway, directing David of Anand to infeft the Earl’s kinsman, George of Douglas, Earl of Angus, in the barony of Corthaqhwy [Cortachy] in the sheriffdom of Eorfar, in terms of a charter by the granter. Dated at Edinburgh, 12 July 1402. ['Ihis writ is much torn, part of it being altogether wanting.] 129. Charter by Archibald (fourth), Earl of Douglas, Lord of Galloway and Annandale, granting to his beloved Mr. Alexander of Carnys, Provost of Lyncloudane, for his good services, the lands of Gilcristiscleuch with pertinents lying in the barony of Crauford- John, and sheriffdom of Lanark; to be held to Mr. Alexander Carnys and his assignees, of the granter and his heirs, for payment of a penny of silver yearly in the parish church of Cranford- John, on the feast of St. John, if asked only, in lieu of all burdens. With clause of warrandice. Witnesses, James of Douglas, the granter’s brother,. William of Douglas of Nithsdale, the granter’s nephew, William of Douglas of Drumlanrig, William Stewart of Castleinilk, William of Crauford, Thomas of Moray, knights. The Earl’s seal is now detached from the writ, which is in a decayed condition, but is still preserved, bearing quarterly 1st and 4th three stars on a chief, and heart in base, for Douglas, 2nd and 3rd a crowned lion for Galloway, supporters two hairy savages. Note . — There is also a charter, very much mutilated and decayed, by which the Earl’s son Archibald, Earl of Wigton, confirms his father’a grant to Mr. Alexander Carnys of the lands of Gilchrist’s Cleuch. The date of the writ and names of the witnesses are w^anting. 130. The following are notes or copies of charters, the originals of which had been seen by William (Douglas), third Duke of Hamilton, and noted or copied in his own hand or under his direction, but which are now not known to be extant, or on record. (l.j “ Memorandum (in the Duke’s handwriting) out of old writs of the captain of Craford’s. 1 find a chartour be David of Lyndesay, lord of Crauford to William of Cresseuyll of the lands of Grayns and Wedhalf of Crimcramp which his father Alexander had given before to Walter U 24964. o MSS. OF THE Duke of Hamilton. 210 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. Logan, knight, and wer resigned in his hands be James Logan in favors of this William hefor King David [the Second] "V^^illiam Bishope of St. Andrews William Earle of Sutherland Lord Edward of Keith, Marishall of Scotland and David of Berklay knight, at Monymell, 1345 ; which he gives bake to the said William of Cresseuyll at the same time for the service of ane archtennent (Archer) in the common ware of Scotland for six monthes and a suit at three head courts.” (2.) In this memorandum the Duke also notes that he had seen a charter by King Eohert the Second, dated 1st December a.r. 19 [1389] confirming a charter by Sir James Lyndesay, lord of Cranford, the King’s nephew, to John of Dalzell, knight, of the lands of the Butheauz ” in the barony of Crawford. Witnesses to the confirmation at Edinburgh, Patrick (sic) Walter and IVIatthew, Bishops of St. Andrews and Glasgow, John Earl of Garrick, and Kobert Earl of Fife, etc., the King’s sons, Archibald, Earl of Douglas, Sir James Douglas of Dalkeith and Sir Thomas Erskine, knights, John Gray, clerk register and keeper of the great seal. (3.) A note of a charter by King Kobert the Second, granting to Sir James Sandilands the barony of Dalyell and Motherwell, the barony of Wiston, in the sheriffdom of Lanark, with other lands in Stirlingshire, on his own resignation ; to be holden to Sir James Sandilands and Johanna the King’s daughter, whom, God willing, he is to take to wife, to the longer liver of them two, and their heirs, etc. of the King and his heirs, for ward, etc. Witnesses, William and John, Bishops of St. Andrews and Dunkeld, John, Earl of Carrick, etc. and Robert, Earl of Fife, etc., the King’s sons, William [_sic but read James] Earl of Douglas, the King’s son-in-law, Archibald Douglas and Robert Erskine, knights; at Edinburgh 20th November, a.r. 14 [1384]. Note . — This charter is on record, but the witnesses are not given, and the date, which is important, is also wanting. (4.) Copy of charter by King Kobert the Third confirming a charter by the late King Kobert the Second, given to the granter’s brother- [in- law] John of Edmonstone, knight, and his spouse Isabella, Countess of Douglas, the King’s sister, of the lauds of Edynhame (Ednam) in the sheriffdom of Roxburgh. To beholden to John and Isabella, and the longer liver of them two, and their lawful heirs born and to be born, with the advowson of the church and hospital of the same, as fully expressed in the earlier charter, which however is not narrated, nor is the date given. Witnesses, Matthew and Gilbert, Bishops of (Glasgow and Aberdeen, Kobert, Earl of Fife, etc., the King’s brother, Archibald, Earl of Douglas, lord of Galloway, Sir James Douglas of Dalkeith, Sir Thomas Erskine, knights, and Alexander Cockburn of Langton, keeper of the Great Seal. Edinburgh, 26 April, a.r. 3 [1392], (5.) Imperfect copy of a writ indorsed by the Duke of Hamilton, ‘‘ This is the copy of a writing the Laird of Kossayth (Kosyth) has, which I desire to see.” Noverint universi presen tia visuri seu audituri quod ego Jacobus de Dowglas miles agnosco publice per presentes me unacum meis heredibus teneri et obligari famoso militi domino Roberto Stuart et suis heredibus decern Prutenicalis monete quas decern promitto sibi solvere hie in Dantzik super festum Pasche nunc proximo affuturum quod si non fecero ex tuto promitto in bona fide et honore nulla arma militis induere nisi cum illud fuerit cum suo favore. In huius rei testimonium sigillum meum presentibus est appensum. Datum Dantzik anno Domini millesimo trecentesimo. HISTORICAL MANUSCRIPTS COMMISSION. 211 Note . — This copy is made by a copyist who did not read the original quite correctly, and though the date here appears to be 1300, it is probably some time about 1389 to 1391, when Sir llobert Stewart of Durisdeer flourished, and at which date a number of Scottish knights were at Dantzic under the leadership of Sir William Douglas of Niths- dale, natural son of Archibald, third Earl of Douglas, and one of the most famous warriors of his day. (6.) Copy Charter by King Robert the Second to Alexander Cockburn of Langton. Robertas Dei gratia Rex Scotorum Omnibus probis hominibus suis ceterisque fidelibus ad quos presentes litere pervenerint, salutem ; sciatis nos dedisse, concessisse et hac presenti carta nostra confirmasse dilecto armigero nostro Alexandro de Cockburne tres baronias cum pertinenciis viz. — Baroniam de Boltoun, baroniam de Caredyne et baroniam de Langtoun in liberam forestam et warennam et tenendrias ejusdem cum suis rectis metis et divisis . . , ac infra villam de Langtoun libere vendere et emere lanam et coria et omnia alia et singula quse burgi pertinent libertati sicut infra baroniam cum cruce et foro de jure dinoscitur qualitercunque pertinere ita que quod dictus Alexander heredes vel assignati sui intersit vel intersint tres sectas capitales viz. sectam itineris justiciarie tente infra vicecomitatum de Berwick suj3ra Tuedam, sectam itineris justiciarie tente apud Edinburgh et parlia- mentum nostrum tentum apud Sconam et quod dictus Alexander vel heredes sint principales hostiarii nostri ad nostra parliamenta generalia consiiia et festa capiendo de nobis et successoribus nostris per dictum tempus liberationem pro duobus armigeris duobus architenentibus cum gladiferis et equis pertinentibus eisdem ; Reddendo inde annuatim nobis et successoribus unum par calcarium deauratorum ad festum beati Johannis Baptiste nomine albefirme si petatur tantum pro omni alio servitio seculari warda relevio exactione sen demanda qure de dictis baroniis et tenendriis eiusdem exigi poterit vel requiri ; Volumus etiam et per presentes concedimus quod nullus serjandus nec officiarius qualis- cunque intromiltat se ad arestandum aliquem vel aliquos in dictis baroniis inhabitantem vel inhabitantes sine licentia domini vel officiarii dictarum baroniarum sub pena plenarie nostre forisfacture qui quidem legisciti et arestati expectabunt judicium atque legem sine aliqua reple- giatione Insuper per presentes fideliter concedimus quod nullus manuca- piat venari aucupari piscari vel aliquod transgressum facere intra bondas vel marchias dictarum baroniarum sine licentia domini sub pena decern librarum sine misericordia domini In cuius rei testimonium presenti carte nostre nostrum precepimus apponi sigillum testibus reverendo in Christo patre Waltero Dei gratia sedis Apostolice Cardinali, venerabili in Christo patre Johanne episcopo Dunkeldensi cancellario nostro, Johanne primogenito nostro de Carrick senescallo Scotise, Roberto de Eyfe et de Meneteith Jacobo de Douglas liliis nostris dilectis, comitibus ; Archibaldo de Douglas domino Galwidie et Thoma de Erskine eonsanguineis nostris militibus apud Meffen [MethvenJ quinto decimo die Februarii anno regni nostri secundo. Note . — The regnal year here given must be erroneous, as Bishop Wardlaw of Glasgow was created Cardinal only in 1381, the 11th year of King Robert the Second. The deed may be referred to a date between 1381 and 1387. The concluding clause, which is not here given, of the charter as copied, indicates that it was con- firmed in Parliament at Scone on 8th March 1391 by King Robert the MSS. OP THE Duke of Hamilton. 212 HISTORICAL MANUSCRIPTS COMMISSION. MSS. or THE Duke of Hamilton. (7.) Note of a charter granted by Archibald Earl of Douglas, lord of Galloway and Annandale, and the regality of Lauder, to John of Park for his service done and to be done, and to his spouse Jonet of Cheisholme, and to their heirs male, of the lands of Gilbertfield lying in the barony of Drumsargard and the regality of Lauder ; To be bolden for service used and wont. At the Castle of Bothwell ; witnesses. Sir William Hay of Loehorwart, William Borthwick of that Ilk, William Stewart of Castlemilk, knights, Mr. Alexander Cairns, Provost of Lincluden, Matthew of Geddes and James of Hallsyde, parsons,, ecclesiastics of the Blessed Mary of Forest and of Bivaulx ; n.d., but probably about 1410. The Duke of Hamilton adds in a note that the seal of the Earl of Douglas was attached to the original quarterly ; 1 and 4, 3 stars and a heart for Douglas, and 2 and 3, the crowned lion for Galloway. (8.) Copy of a Charter by the fifth Earl, Archibald Earl of Dou- glas and of Longaville, lord of Annandale and Ettrick Forest, confirming a grant by Alan Stewart lord of Darnley made to Kobert Dalyell of the Bracanrig and his heirs in fee and heritage, of the lands of Rylandside, along with another part of his lands of Elainton lying in the lordship of Elainton, the barony of Strathaven, and sheriffdom of Lanark ; which grant the Earl duly ratifies in all points ; At the Castle of Bothwell [20th May 1435], Thomas of Cranstoun lord of that Ilk, Robert of Crighton lord of Sanquhar, Master John of Ralston Rector of the church of Douglas, witnesses. A note states that the Earl’s seal was attached to the original, bearing in the first quarter the fleurs-de-lis of France for the Duchy of Touraine, in the second quarter the arms of Douglas, in the third quarter the arms of Annandale, and in the fourth the arms of Galloway. 131. Charter by James, called ‘Ghe Gross,” seventh Earl of Douglas, to Euphaine Countess of Douglas, c. 1440-1, the merely formal portions being omitted. Omnibus hanc cartam visuris uel audituris Jacobus Comes de Dowglas et de Auandale, dominus Galwidie et vallis de Lawadre etc., salutem in Domino sempiternam : Sciatis nos cum consensu et assensu carissimi primogeniti nostri et hered!s Willelmi de Dowglas militis dedisse concessisse et hac presenti carta nostra confirmasse carissime nepti nostre domine Eufamie Comitisse de Dowglas, domine de Bothuil pro toto tempore vite sue omnes et singulas terras nostras baronie de Drumsargart jacentes infra dominium et regalitatem nostram de Lawederdale et vicecomitatum de Lanark ac eciam omnes et singular terras nostras baronie de Curmanok cum pertinenciis, jacentes infra vicecomitatum predictum, in excambium pro omnibus terciis suis infra regnurn Scocie nobis traditis et concessis Tenendas et habendas omnes et singulas terras predictas cum pertinenciis dicte domine Eufamie nepti nostre in sanas integras et liberas baronias per omnes rectas metas et diuisas suas de nobis, heredibus et successoribus nostris in viis, etc. Adeo libere quiete plenarie integre honorifice bene et in pace in omnibus et per omnia sicut nos predictus Jacobus uel aliquis seu aliqua uel aliqui predecessorum nostrorum predictas terras et baronias . . . tenuimus seu possedimus tenuerunt sen possederunt, sine aliqua excepcione seu retenemento durante tempore uite neptis nostre predicte, salua nobis tamen heredibus et successoribus nostris aduocatione ecclesie de Cambuslang taiitumuiodo infra baroniam predictam de Drumsergart quociens et quum vacare contigerit. HISTORICAL MANUSCRIPTS COMMISSION. 213 Reddendo inde annuatim predicta domina Eufamia neptis nostia pro 4oto tempore vite sue vt predicitur, nobis beredibus et successoribus nostris vnam rosam albam ad festum natiuitatis Sancti Jobannis Raptiste apud capitalia messuagia predictarum terrarum nomine albe firme si petatur tantum . . . Et nos . . . omnes predictas terras et baronias . . . contra omnes mortales warantizabimus acquieta- bimus et durante tempore supradicto defendemus, non obslante talliacione nostra prius facta de predictis terris et baronia do Drnm- sargart In cuius rei testimonium sigiUum nostrum vnacum sigillo predicti primogeniti beredis nostri buic presenti carte nostre est appensum apud Lanark : biis testibus Reuerendo in Obristo patre Roberto Episcopo Catbinensis Willelmo Domino de Someruyle Dominis Jobanne de Maxwel de Caldorwod Jobanne de Dunbar de Cumnok Jacobo de Aucbinleck de eodem militibus ; Magistris Jacobo Lindesai de Colbantoun Rectore de Arbuthno, Ade de Acbinlek rectore de Glasgu, Tboma Weire de Rlacwod et Thoma de Symon- toun cum multis aliis. n.d. c. 1440-1. The seals of the Earl and bis son are still appended in good condition, the former bearing, quarterly ; 1®^ and 4^^, three stars on a chief with heart in base, for Douglas ; the second quarter is defaced, but is pro- bably identical with the third which shows the three stars, two and one, for Moray. Legend, “ S. Jacobi de Douglas comitis Avandalie.” The seal of William of Douglas bears quarterly, 1 and 4*^^ Douglas ; 2 and 3 Moray; with a label of three points. Legend, Sigiilum Wilelmi de Douglas, ...” [the rest is illegible]. The charter is not dated, but must have been granted between the end of November 1440, when Earl James succeeded to the earldom of Douglas, and March 1440-41, about which date Euphamia Grraham, Countess of Douglas, widow of the fifth Earl of Douglas, married Sir James Hamilton of Cadzow. 132. Charter by Sir James of Hamyltoun, knight, lord of Cadzow, granting to his kinsman or cousin James of Hamyltoun, son of the late Walter of Hamyltoun, for his faithful service done, and to be done during his whole life, to the granter, all and whole the lands of Roplache [Raploch] with the pertinents, in the barony of Machan, within the sheriffdom of Lanark ; to be holden to James of Hamyltoun for all the time of his life, of the granter and his heirs, without any drawback, freely and quietly. No reddendo is stated. Clause of warrandice in usual form. Given at the Castle of Bothwell, 20 May 1441 ; witnesses, John of Hamyltoun and Gawin of Hamyltown, the granter’s brothers, Arthur of Hamyltoun, William Baize, Alexander of Hamyltoun and Thomas of Hamyltoun of Nelysland. Seal wanting. 133. Instrument of Sasine, following upon a Crown charter [No. 16, ante] of the lands of the barony of Drumsargart in favour of James Lord Hamilton and his wife Eufamia, Countess of Douglas and lady of Bothwell. Sasine given by Laurence of Bourhyl, clerk or mayor in fee (maior infeodatus) of the sheriffdom of Lanark at the old castle of said barony, on 3rd November 1455 ; witnesses, Robert Hamilton of Fingaltouu, knight, John Hamilton of Kingshaucb, Patrick Cleland and John Park, squires, and Sir George Graham vicar of Forest. 134. Letters under the seal of the Abbey of Calco [Kelso] by Richard Abbot of that monastery, with consent of his chapter, appointing James Lord Hamilton their bailie of their barony of Lesmahagow lying in the sheriffdom of Lanark, for the whole time of life of the said Lord MSS. OE THE Duke of Hamilton. 214 HISTORICAL MANUSCRIPTS COMMISSION, MSS. OF THE Duke of Hamilton. Hamilton, with all the usual powers belonging to the office of bailie. Given at the monastery of Kelso 10^^ October 1456. [Portion of seal still attached.] 1 35. Paper writ, containing, apparently wholly in the handwriting of James, first Lord Hamilton, a precept of sasine to the Provost of the collegiate church of Hamilton. Lyoun Cuthbertsone, I charge you that yhe gif the prowest ande the chapelains of the college of Hammiltoun ande to thar successouris beande for the tyme, stat ande possessioun of half a merk of annuell wythin my burgh of Hammiltoun to be tan yerly of Jhone Camberone and of his landis callit the Litstar lande for ane obet to be done perpetualy yerly for the saull of Sir Symone Blakwod vmquhill vicar of Symontoun the xii day of April. Gyfiyn vnder my signet in Hammil- toun the 1 day of April the yer of God a thousand e four hundreth sewynte ande aucht yeris. James lorde Hamilton. Signet still affixed. A memorandum indorsed, records that sasine was given 3 April 1478 ; witnesses, Alexander Hamilton of Innerwick, William Cadzow and John Cameron. 1 36. Precept of Clare constat by Malise Earl of Menteith and lord of Kinpont, directed to Robert Grahame and Patrick Grahame as bailies, for infefting James Hamilton as heir of his father the late Sir James Hamilton knight and Lord of Hamilton, who died last vest and seised in the lands of Elastoun, lying in the Earl’s lordship of Kinpont in the constabulary of Linlithgow, within the sheriffdom of Edinburgh. Hated at Edinburgh, 8^^ September 1482 ; witnesses Sir Patrick Grahame, Sir George Grahame, priests, Patrick Weddale, Robert Russell and Omer Browne. This precept is extracted from an official transumpt of it made at Glasgow 21 April 1539, at the instance of James, second Earl of Arran, son of the original grantee. Among the witnesses to the transumpt are Arthur Hamilton Provost of the College Kirk of Hamilton, and John Hamilton vicar of Cragy, with other clerics. 137. Letters of Procuratory by Adam Douglas of Browncastell, appointing Robert Lyll, son and heir apparent of Robert lord Lyll, Peter Houstoun of that Ilk, John Stewart of Blackhall, William Conynghame of Craganys (Craigends), Robert Douglas the granter’s son, and John Turnbull, to act as procurators for resigning the granter’s lands of Browncastell, extending yearly to four merks of old extent or there- abouts, and the superiority of the lands of Shiels, lying in the barony of Kilbride within the sheriffdom of Lanark, into the hands of King James the Fourth, as Stewart of Scotland, lord superior of the lands, that the superiority may remain with him, etc. At the city of Glasgow, 14 January 1493-4. Signed ‘‘ Ada Douglas de Brovncastell, etc.” 138. Charter of Sale by John Thornnetoune heir of the late William Carnis burgess of Linlithgow, alienating to Sir Patrick Hamilton of Kincauyll, knight, that tenement lying in the burgh of Linlithgow on the south side of the High Street between the land of Thomas Ham- miltoune on the west side, on one part, and the land of William Patersoune, and of the late John Saltoune on the east side, on the other part, to be holden to Sir Patrick Hamilton and his heirs from the granter and his heirs of the King in chief in fee and heritage, paying therefor ten silver pennies yearly to the King as burgh farm, and to other superiors the annual rents used and wont. With clause of Avarrandice ; the granter also obliging himself and his heirs, if they make any dispute HISTOKICAL MANUSCEIPTS COMMISSION. 215 as to the subjects, to pay a penalty, £20 Scots, to the church of St. Michael the Archangel, in Linlithgow, £20 to Sir Patrick Hamilton, and £20 to the King. The granter further swears on the gospels in presence of a bailie of the town to observe the conditions. At Linlithgow, 15*^ February 1499 [1500]. 139. Assignation by James Hamilton, of Shawfield, in favour of his son and heir apparent James Hamilton, of an annual rent of eight merks for life, from the lands of Bathket (Bathgate) in the barony and sheriffdom of Eenfrew ; also granting to his son the mill of his lordship of Elyntoun in the barony of Strathavon and sheriffdom of Lanark ; the said annual rent and mill to be holden of Matthew, Earl of Lennox and his heirs, rendering therefor the homage and service contained in an obligation by the granter made to the Earl. At Hamilton, 1501. Hay and month blank. Seal attached, a hunting horn, stringed, between three cinquefoils. Legend illegible. 140. Precept of Sasine by James (second) Lord Hamilton, directed to William Hamilton of Candor, John Hamilton his son and apparent heir, and others, as bailies for infefting James Hamilton in Raploch, and Isabella Weir his spouse, in the granter’s lands of Raploch, in the barony of Machan, within the sheriffdom of Lanark, in conjunct fee, in terms of a charter to them of said lands. At Hamilton, 10th June 1503. Witnesses, Havid Hamilton, Canon of Glasgow, James Hamilton of Shawfield, William Hamilton of Candor, James and John Hamilton, brothers natural of the granter, and others. Signed James lord Hamylton.” Portion of seal attached. 141. Precept of Sasine by Matthew, tenth Earl of Lennox, directed to James Chalmer of Gaitgirth, Havid Chalmer, Alan Halzel and John Chalmer as bailies for infefting John Chalmer and Agnes Chalmer his spouse in conjunct fee, in the granter’s lands of Rylands in the lordship of Strathavon and sheriffdom of Lanark, in terms of a charter to them by the Earl. At Inchinnan, 3 July 1508. Witnesses, James Chalmer of Gaitgirth, Adam Reid of Barskimming, John Muir of Auld-town- burn, etc. 142. Charter by Matthew, tenth Earl of Lennox, granting to Alex- ander Lindsay, son of Havid Lindsay of Hunrod, and to Katherine Stewart his spouse, the longer liver of them two, and their heirs, the twenty-shilling land of old extent, of Halburne, and the thirteen shilling and four penny land of old extent of Foulhope, both in the barony of Strathavon in the sheriffdom of Lanark, these lands having been resigned by Havid Lindsay, in presence of Andrew Lord Avandale, Mr. Robert Maxwell rector of Torbolton, Alexander Stewart of Castlemilk, Charles Pollok of that Ilk, and others, in the chamber of the Archbishop of Glasgow in his lodging in Edinburgh : To be holden to the said Alexander and Katherine in fee and heritage for service due and wont. At Edinburgh, 21st January 1511-2. Seal attached, in good condition, bearing quarterly; 1st and 4th, three fleur-de-lis for Aubigny ; 2nd and 3rd, a fess cheque within a bordure charged with eight buckles, for Stuart of Bonkil ; on a surtout, a saltire cantoned with four roses for Lennox. Legend, “ S. Mathei Steuart comitis de Lenox, domini Harnle.” 143. notarial instrument narrating that in terms of a charter granted by himself, Alexander Hamilton of Catcastell passed to the one-mark land of Wodland, and the half-merk land of Brownland, lying in the barony of Stanehouse and sheriffdom of Lanark, and there gave sasine MSS. OF THE Duke of Hamilton. MSS. OP THE Duke of Hamilton. 216 HISTORICAL MANUSCRIPTS COMMISSION. of these lands with his own hands to James Wynzet, his heirs and assignees, in usual form. 29th January 1511-12. Witnesses, John Small, George Hamilton, James Scot, and Alexander Knox. 144. Letters of Reversion by John Hamilton, son and apparent heir of William Hamilton, of Candor, and Euphemia Hamilton his spouse, in favour of James Hamilton of Shawiield, for the redemption of his fourteen-shilling lands of Strahill in the barony of Lesmahagow, tene- ment of Hraffan, and sheriffdom of Lanark, mortgaged to the granters for forty- six merks ; upon payment of which sum in the parish church of Hamilton, the granters will resign the lands. At Candour, 7th May 1512. William Hamilton of Candour, James Hamilton of Raploch, and others, witnesses. 145. Old copy of charter by John, Earl of Lennox, Lord Darnley, lord of the lands of Kype, granting and alienating to James Stewart of Twedy, the three merk six shilling and eight penny lands of Kype, then occupied by Oswald Hamilton, Alexander Atowne, Stephen Kype jind Roland Stewart, in the barony of Avendale, sheriffdom of Lanark : To be held of the granter in fee and heritage for one penny yearly, blench duty, if asked. At Glasgow, 28 November 1520. 146. Letters of Reversion by Margaret Roull, narrating that the lands of Medhope in the sheriffdom of Linlithgow, had been apprised to her for the sum of £100 Scots, being half the value of the marriage of John Livingstone of Manerstoun, and that she had been infeft in the lands ; and though the lands had not been redeemed within the term of seven years required by Act of Parliament, yet out of love and favour the granter binds herself to resign the lands, if payment of the £100 with expenses of infeftment be made within two years, other- wise the lands to remain with her. Edinburgh, 5 March, 1523-4. The lady because she herself could not write, procures the signature of her brother John Roull and his seal to be affixed to the document. Witnesses, Sir James Ramsay, prebendary of Corstorphin, John Roull, younger, and others. 147. Charter by King James the Fifth with consent of Queen [Mar- garet] ffis mother, confirming two charters : — -(J.) A charter by the King with consent of John Duke of Albany, then his tutor and governor, of date 15 April 1522, granting to Sir James Hamilton, of Fynnart, knight, the barony of Cambusnethan ard other lands in the sheriffdom of Lanark, which were in the King’s hands through forfeiture of their former owner John Somerville of Cambusnethan. (2.) A charter (dated at Edinburgh — 1522) by Hugh, Lord Somerville, brother and heir of the late John, Lord Somerville, granting, in terms of a requisition from the King, the lands of Carswell in the sheriffdom of Lanark, also forfeited by the said John Somerville, to the said Sir James Hamilton. Both which charters are confirmed at Linlithgow, 25 September 1524. 148. Mutual renunciation in the form of a notarial instrument narrat- ing that Sir James Hamilton of Finnart, knight, and James Livingstone, of Jerviswood, with James Livingstone his son and apparent heir, appeared together before the notary and witnesses, in the Collegiate Church of Hamilton, when Sir James Hamilton resigned all his rights to the 40/ land of Columbe in the barony of Carstairs and sheriffdom of Lanark, held by the Bishop of Glasgow, in favour of the younger James Livingstone, while the elder Livingstone resigned in favour cf Sir James the lands of Gilmertown, with the charters and other evidents obtained by him from John Somerville of Cambusnethan. James HISTOlUCAL MANUSCRIPTS COMMISSION. 217 Livingstone, younger, also with consent of his father, ngreed that Sir James Hamilton should have the marriage of his son and apparent heir, William Livingstone, Sir James giving a reasonable consideration therefor. Hone 3rd December 1526. Witnesses, John Hamilton of Newton, Andrew Hamilton his son, James Nasmyth, and others, 149. Charter by Archibald (sixth) Earl of Angus, Lord Douglas, and baron of the barony of Bothweli, granting in consideration of a sum of money, to Sir eTames Hamilton, of Finnart, knight, the £80 land of old extent, of Both’well, with the free royalty of the same, etc., in the sheriffdom of Lanark; To be holden in fee and heritage of the granter for blench farm. At Stirling, 29th October 1526. Signed, ‘‘ Ard. Erl of Angus.” This was followed by a Precept of sasine dated at Stirling, 21 October, 1529, but this date must be erroneous, as the Earl of Angus was then a fugitive in England. The precept was probably of same date as charter. 150. Lease by William [Douglas] Abbot of “ the Abbayof the Holy- croce besid Edinburgh” [Holyrood], letting to James Menteith and Alexander Menteith, brothers, and the longer liver of the two, the lands of Eastern Salcotts, which James Menteith now has on lease, within the Abbey’s barony of Kerse and sheriffdom of Stirling, for a term of nineteen years, at a rentall of twenty-one merks yearly. At the Abbey of Holyrood, 18 January 1527-8. Seal of Abbey attached, with signatures of “ Wilzefh Douglas of Holyrudhous Abbot ” and twenty members of his chapter. 151. Notarial instrument, narrating that in presence of the notary and witnesses, there compeared James, Earl of Arran [qui] ‘"propter certas causas animum suum mouentes et tangeutes ne preiudicium generetur innocent!, viz., suo heredi, narrauit qualiter et ob quam causam imposuit dominum Jacobum Flammylton de Fynnart militem in statum et saisinam dimedietatis omnium et singularum suarum terrarum infra regnum Scocie existencium, sibi et heredibus suis vltra dictam dimedietatem terrarum duabus mercatis aut viginti solidatis ad omen iuris reseruatis, eundem dominum Jacobum fauorabiliter requirendo quatinus omnes et singulas prefatas terras cum pertinenciis sibi prefatc Jacobo comiti ac omne jus et clameum possessionem et proprietatem que et quas habuit seu habere poterit in et ad dictas terras cum suis pertinenciis resignaret extradonaret et deliberaret Quiquidem dominus Jacobus miles, ut filius obediens prefato Jacobo comiti suo patri non coactus aut compulsus nec blandiciis seductus ut asseruit sed ob paternam dilectionem sua mera et libera voluntate omnes et singulas predicte dimedietatis terrarum prescriptarum omne jus et clameum possessionem, et proprietatem que et quas habuit sen habere poterit in et ad dictas terras cum suis pertinenciis pure et simpliciter in manibus prefati Jacobi comitis resignauit extradonauit et pro perpetuo deliberauit. Super quibus omnibus et singulis dictus Jacobus comes a me notario publico subscripto sibi inde fieri peciit vnum et plura publicum et publica instruraentura seu instrumenta Acta erant hec in camera prefati Jacobi comitis infra locum de Kynneill horasecunda post merediem uel eocirca ; presentibus ibidem honorabilibus viris magistro [Arthuro] Hammy Iton preposito eiusdern, Gavino Hammylton de Haggis, Johanne Hammylton de Newton et Wilelmo Tailfeir cum diuersis aliis testibus ad premissa vocatis atque rogatis. Dated, 25 March 1529. 152. Charter by John Wauane, burgess of Linlithgow, and Elizabeth Paterson, his spouse, alienating, for a sum. of money, to Sir James Hamilton of Finnart, knight, all and whole their yard or garden, lying MS,?. OF THE Duke of Hamilton. 218 HISTORICAL MANUSCRIPTS COMMISSION. MSS. or THE Duke or Hamilton. in the said burgh of Linlithgow on the south side of the High Street, running from the south gable of their house, towards the east as far as the fosse or ditch of the said Sir James on the east side and so ascending as far as the east ditch of the garden of the late Sir Patrick Hamilton of Kincavil, knight, and the garden of the said Sir James on the south and the west sides, to be held of the King, in fee and heritage. More- over, the granters warrant the land to Sir James Hamilton without annual rent, and assign the annual rent due from the garden to be uplifted from their principal tenement in warrandice of the rent of the garden. Dated at Linlithgow, 5th ^pril 1531, witnesses James Robesone, Mr. John Knolles, bailies of the burgh of Linlithgow, James Hamilton of Kincavil, John Crummy, William Sandilands, laird of Hillhouse, and others. Three seals, the seal of the grantor, the seal of the burgh, and that of one of the bailies, are appended to the writ, all in a broken condition. 153. Charter, without date, but probably granted about the same time as the preceding, by James Hamilton of Kincavil, son and heir of the late Sir Patrick Hamilton of Kincavil, knight, alienating, for a sum of money to Sir James Hamilton of Finnart, knight, all and whole that land or tenement back and front, with the garden of the same, as it is built, lying in the burgh of Linlithgow on the south side of the high street, between the tenement of land of James Saltown and John Wawane on the east side, with the garden of Alison Forest and the tenement of the late Henry Crechtoun on the west side. To be held of the King in fee and heritage for burgal service. At Linlithgow. Date and names of witnesses wanting. Signed by James Hamylton of Kyncawyll ” and by James Robbartson, one of the bailies of Linlithgow. Their seals are appended. 154. notarial instrument narrating that John Lockhart of Bar assigned in favour of Sir James Hamilton of Finnart, for the sum of 100 merks, the casualties of ward and nonentry of the lands of Drumclog and Bruntsnab in the barony of Avendale and sheriffdom of Lanark in terms of the grant made to the grantor’s father, the late John Lock- hart of Bar, by Andrew Lord Avandale. Done within the church of St. Giles, Edinburgh, on 7th August 1532 ; witnesses, George Ross of Raining, Luke Greenshiels of that Ilk, John Hamilton of Newton, and Sir Bartholomew Hamilton, chaplain. The seal of the official of St. Andrews in the Archdeanery of Lothian is appended, not in good condition. The upper part of the seal, which is a small oval, is defaced, but the shield is distinct, bearing arms similar to those of Archbishop Beton, namely quarterly, 1st and 4th a plain fess between three mascles, two and one, 2nd and 3rd a chevron. Legend, probably [Sigillu]m Officialatus San[cti Andree]. This seal is little, if at all known. 155. Letter of obligation by James [third] Earl of Morton, acknow- ledging that Sir James Hamilton of Finnart had delivered to his keeping various writs and evidents, relating to the ward of the young James, Earl of Arran, his curatory, and his marriage with Margaret Douglas (daughter of the Earl of Morton), and the Earl binds himself if at any time these documents require to be produced before any judge, to present them accordingly. At Dalkeith, 1st October 1532. Signed James Erll off Morton.” 156. Charter by King James the Fifth, narrating that in the pre- sence of the lords of Council, at Edinburgh, 30th August 1538, Mr. Hew Rig as procurator for Elizabeth Martyn, Lady Fastcastle, produced the charter under-noted, as the lady had been charged to produce it by Sir HISTORICAL MANUSCRIPTS COMMISSION. 219 James Hamilton of Finnart, who desired it to be recorded and an authentic copy to be given to those interested, as follows : — Omnibus hoc scriptum visuris uel audituris Johannes de Grahame, dominus de Torboltoun in Kile-Senescalli salutem in Domino sempiternam : Noueritis me dedisse concessisse et hac presenti carta mea confirm asse dilecto auunculo meo Henrico de Grahame et heredibus suis et suis assignatis omnes terras de Westirbyris cum pertinenciis infra baroniam de Abircorn vnacum molendino de Abircorn cum omnibus et singulis pertinenciis . . . cum libero introitu et exitu Tenendas et habendas omnes terras predictas de Westerbyris . . . predicto Henrico heredibus suis et suis assignatis de me et heredibus meis imperpetuum . . . Reddendo inde annuatim michi et heredibus meis vel meis assignatis vnum denarium argenti in festo Penthecostes pro omni seruicio ... In cuius testi- monium huic scripto sigillum meum apposui, hiis testibus domino Johanne Eanulphi comite Morauie, Dauid de Lindesay, domino de Craufurd, Willelmo Douglas domini de Kincauill, Dauid de Barclay militibus, Jacobo de Dundas, Johanne de Herth, Willelmo de Ferry ac multis aliis, this copy being duly confirmed under the quarter seal, at Edinburgh, 12th December 1539. The charter by John Graham is not dated, but from the names of the witnesses it appears to have been granted about 1341. 157. Instrument narrating that in presence of the subscribing notary and others, an honourable dame, Mariota Lindsay, elder lady of Lyle renounced, under reservation of her own life rent right, in favour of her son, John Lord Lyle, the £10 lands of Shiels of Kilbride in the parish of Kilbride, and sheriffdom of Lanark. Done in the house of Buch- quhan, Patrick Maxwell of Newark and others being witnesses, on 25 August 1539. [Another writ relating to the same lands is an instru- ment, by which a lease granted by the same Mariota Lindsay of the lands of Shiels (part of which were occupied by her brother, Alexander Lindsay) on 15th May 1535, was assigned in favour of Sir James Hamilton of Finnart, 18th September 1539.] 158. Notarial instrument narrating the appointment by King James the Fifth on his deathbed of tutors to his daughter. In Dei nomine amen, per hoc presens publicum instrumentum cunctis pateat euidenter et sitnotum quod anno Dominiceincarnationis millesimo quingentesimo quadragesimo secundo mensis vero Decembris decimo quarto indictione prima pontificatus sanctissimi in Christo patris et domini nostri domini Pauli diuina prcuideucia pape tertii anno nono In mei notarii publici et testium infrascriptorum presentiis personaliter constitutus excellentissimus princeps. Jacobus eo nomine quintus Scotorum Rex illustrissimus graui quandam corporis infirmitate tactus mentis tamen et rationis compos aduertens secumque mente reuoluens quod egritudinis vehementia corporalis solet mentem plerumque a rationis tramite intantum auertere vt nedum de temporalibus verum nec de seipso et de anima quispiam disponere seu prouidere non valet propter quod dum in mente est sobrictas et in corpore quies melius et salubrius vltime voluntatis indicium disponitur et ordinatur. Id circo serenissimus rex Jacobus eo nomine quintus antedictus premissa actendens et impri- mis quoniam anima est pretiosior et melior corpore et rebus humanis animain suam ex nunc Deo et beate Marie virgin! ac omnibus sanctis celestis hierarchic commendauit et demum inter alia cupiens huiusmodi sui regni Scotie cuius gubernacula interris sub Deo jam diu tenuit quieti et tranquillitati prouidere et si eum de infirmitate qua nunc laborat decedere et ab hac luce migrare contingat de integritate prudentia dexteritate et circumspectione consanguinorum et fidelium suorum MSS. ' THE Duke of Hamilton. MSS. OF THE Duke of Hamilton. 220 HISTORICAL MANUSCRIPTS COMMISSION. sabditorum sequentium plurimum confisus et longa experientia edoctus ac ex certa sua scientia omnibus melioribus modo via forma jure causa pariter et effectu quibus melius tutius et efficatius de jure potuit et debuit seu fieri et esse possit fecit constituit creauit nominauit et solem- niter ordinauit prout huius public! instrumenti serie presentisque sue vltime voluntatis tenore facit constituit creat nominat et solemniter ordinat predictum suum consanguineum Dauidem Betoun Sanctiandree cardinalem et archiepiscopum totius regni Scotie primatem, et cbarissi- mum eius fratrem Jacobum Morauie com item, dilectos etiam cons^^ngui- neos et consiliarios Georgium de Huntlie et Archbaldum de Argyle respectiue ,comites, tutores testamentarios cbarissime et legitime sue filie et heredis apparentis inter ipsum dominum regem et preexcellentem et splendidam principissaiii Mariam de Lotharingia, Scotie regiuam suam coniugem modernam genite in minoritate annorum constitute ad eandem suam filiam eius durante minoritate et vsque dum legitirnum deuenerit etatem eiusque jura causas res et negotia ac bona vniuersa et singula eidem filie sue spectantia et minoritate durante spectatura et spectare quomodolibet valentia necnon quantum in ipso fuit et prout de lure potuit ad regnum Scotie et illius libertatem jure et subditos eamdem durante minoritate moderandum et gubernandum ceteraque omnia alia et singula que ad officium tutorum testamentariorum ac que regnorum ]3rouinciarum dominiorum ipsorumque subditoruin gubernatoribus et protectoribus de jure vel consuetudine pertinere dinoscuntur et que necessaria fuerint seu oportuna faciendum agendum et ministrandum Super quibus omnibus et singulis prefatus reuerendissimus dominus Dauid Cardinalis pro se ac dictis suis contutoribus et con-gubernatoribus predictis a me notario publico subscripto sibi fieri petiit instrumentum publicum seu publica instrumenta Acta erant liec intra palacium de Falkland in cubiculo interior! domini regis anno, mense, die indictione et pontificatu quibus supra horam circiter septimam ante meridiem ; Presentibus ibidem nobilibus prouidis et discretis viris Jacobo Lermontht de Persy magistro liospicii Henrico Kemp de Thomastoun cubiculario, Ma^istro Michaele Durham doctore medico Johanne Tennent Willelrno Kirkcaldy filio et herede apparente Jacobi Kirkcaldy de Grange thesaurarii, dominis Michaele Disert preceptore loci Sancti Anthonii apud Leitht Johanne elurdane rectore de Yethame Francisco Aikman aromatario Johanne Sincler Georgio Bard et domino Dauid Cristesone canonico Glasguensi cum diuersis aliis etc. Et Ego Flenricus Balfour Dunkeldensis diocesis presbyter publicus apostolica autoritate notarius, quia suprascriptorum tutorum testamentariorum gubernatorum dationi et constitutioni ceterisque premissis interfui et in notam sumpsi ; idcirco hoc instrumentum manu mea scrip turn exinde confeci publicaui subscripsi et signaui in fidem robur et testimonium premissorum rogatus et requisitus. Henricus Balfour notarius publicus. This document is indorsed “ Schir Henry Balfour instrument that -was never notar,” meaning that he was not acknowledged as a notary, the whole narrative of the writ being afterwards declared a forgery. 159. Letters under the privy seal of Mary Queen of Scots, granting to Gavin Hamilton, second son of James Earl of Arran, tutor and governor of the realm, and to the lawful heirs of his body, whom failing to John Hamilton, Gavin’s brother-german and his heirs, whom failing to David Hamilton, their brother-german, his heirs and assignees, the ward of all lands, etc., annual rents, etc. (except the twelvemerk land of “ Bevoxis ” upper and lower, otherwise disposed to Mr. Thomas Marjoribanks, burgess of Edinburgh), which belonged to the late HISTORICAL MANUSCRIPTS COMMISSION. 221 William Lord Herries, and now by his decease are in the hands of the Crown by reason of ward; granting also the marriage of the three daughters (names not given) of the late Lord Herries, etc., in usual form. At Edinburgh, 30th September 1543. 160. Receipt by James Kirkcaldy of the Grange, acknowledging that he had received from the Earl of Arran, Governor, by the hands of John Hamilton Abbot of Paisley ‘‘ are grete lang chenne of gold, weyand sex pund wecht ten uncis, quhilk wes the kingis gracis quham God assolze, in wed [pledge] of the sowme of nyne hundreth five pund five schillingis in part of payment of the super expensis of my last comptis maid in the chakkir haldin in the Blak freris as the fut of my said compt beris and oblisis me to deliuer again to my lord gouvernour the said chenne quhowsone I am payt of the foirsaid sowme In witnes heirof I haue subscriuit this present wryting with my awin hand at Edinburcht the xx day of December the yeir of God 1“^ v® xliij yeris befoir thir witnes my lord of Pasla}q Master James Forrester, Master George Forrester, the parson of Dysart, Master Dauid Balfour Avith Avthsris diuerse. Jamis Kyrkcaldy of the Grage.” 161. Letters of Bailiary by Gavin [Dunbar] Archbishop of Glasgow, with consent of the Chapter, constituting and appointing James, Earl of Arran, Protector and Governor of Scotland, and his heirs to act as bailies and justices of all lands of the barony and regality of Glasgow for the term of nineteen years. With full power to hold Courts, etc., but forbidding the Earl to appoint or remove officers without consent of the Archbishop or his successors ; the grant to become void, if the Earl should infringe it. At Glasgow, 1545. Signed by the Archbishop, and by the Dean for the Chapter. Two seals attached. 162. Notarial Instrument narrating that Sir Kiel Montgomerie of Langshaw, knight, compeared before John [Flamilton], Bishop of Dunkeld, Treasurer of the kingdom and made the following renunciation in the vernacular “ My lord thesaurar albeit that I haif the gift of the queins grace my lord gouernour and yow that is thesaurar of the ward of properte and tenandrie of the Erie of Eglyntouns landis conforme to my said gift maid to me thairupoun for certane sovmes of composi- tioun noucht-the-les I am content to renunce and presentlie renuncis in my lord gouernouris handis agane, all and haill the said Avard bayth of properte and tenandrie with all profectis thairof and all that may folloAV thairupoun, to be frelie disponit be my lord gouernour, exceptand the keiping of the house and castell of Ardrossan and the manis thair of with thair profectis, for the quhilk is manis and prefect I bynd and obliss me be thir presentis to hald my ken and freynd togidder and sail serf my lord gouernour with my self ken freyndis seruandis bayth in to the commoim efiaris and in serving of the auctorite and siclik in my lord gouernouris graces efiaris sa oft as I sal be requirit thairto.” Upon which the treasurer asked instruments. Done in the lodging of the Governor in the city of Saint Andre avs on the 27th September 1546. Mr. James Fouiis of Colinton, Clerk register, and James Foster, vicar of Monkton and Kilpatrick, Avitnesses. 163. Obligation by Alexander Hamilton, narrating that forasmuch as his brother James Hamilton of Avandale had resigned to him all right and kindness in the £5 lands of Watstoun in the barony of Lesmahagow and sheriffdom of Lanark, yet he obliges himself if required, to give up the said lands to his brother .James, with all Avritings thereupon. Done before a notary and Avitnesses at the altar MSS. or THE Duke oe Hamilton. 222 HISTOEIOAL MANUSCRIPTS COMMISSION. MSS. OE THE Duke or Hamilton. of St. Thomas of Aquinas situated in the Collegiate Church of St. Giles, Edinburgli, on 27 January 1548-9. 164. Grant by John Hamilton Commendator of the Abbey of Arbroath, in favour of his father James Duke of Chatelherault of the ward and nonentries of the lands of Auld Cott-mure with the mill, lying in the regality of Arbroath and shire of Lanark, until the entry of the righteous heir to the lands. At Arbroath, 155-. Signed by the Commendator and twenty-one members of the convent. Seal attached. On one side the representation of the murder of Thomas-a-Becket, and on the other the Virgin seated, with the Child in her arms. [The year of date is blank, c. 1551-2]. 165. Charter by James [Hamilton] Bishop of Lismore, granting in feu farm to James Duke of Chatelherault, Earl of Arran, etc., the fourmerk lands of Saddell, called the mains of Saddell, with other lands named, extending in all to forty-eight merks of land of old extent, in the sheriffdom of Tarbert and bounds of Kintyre ; To be held in feu farm of the Bishop and his successors, for an augmented yearly feu duty of 49 merks. With office of keeper of the fortalice of Saddell, he being bound to receive the bishop and his successors when they visited it. At Dunoon, 16 May 1556. Signed by the bishop and various members of his Chapter, including Mr. John Carswell rector of Kilmartin, afterwards Bishop of the Isles. Bishop’s round seal and the Chapter seal attached, in fair preservation. There are several writs relating to the lands of Saddell in the Hamilton Charter Chest, which show that in June 1556, the Duke of Chatelherault granted the lands to James MacConneil of Dunaveg and Agnes Campbell his spouse, to be held blench, of the Duke, paying feu duty to the Bishop of Lismore, etc., who confirmed the grant. James MacConneil was succeeded in 1612 by his son Angus, who acknowledged James second Marquis of Hamilton as his superior. On 31 December 1633 James third Marquis (afterwards first Duke) of Hamilton, sold the lands to Archibald Lord Lome, afterwards the famous Marquis of Argyll. 166. Commission by Mary Queen of Scots, appointing James Duke of Chatelherault, etc.. Justiciary in that part, with full powers for administering justice upon James Weir alias ‘‘hornit Jame’’, Alexander Weir in Heiddes hill, James Weir in Gallowrig, Richard Weir his son, William Weir in Skorrieholme, James Fairservice in Kingour, Thomas Weir in Mauchtane^mure, JonetWeir alias ‘‘ hornit Jynne ’’ and Walter Weir in Auchtefordell, accused of art and part of the cruel and unmerciful slaughter of the late John Porter. Given under the quarter-seal at Edinburgh, 17 July 1555. 167. Letters of Reversion by Dame Christian Bellenden prioress of the place of the sisteris of the Senes vpoun the Borrowmure of Edin- burght ” (the Convent of the sisters of St. Catherine of Sienna) in favour of James Hamilton of Crawford- John, knight, for redemption of his lands of Manerstoun in the sheriffdom of Linlithgow, mortgaged by him to the convent for 1,000 merks Scots. Upon the payment of which sum on the high altar of the church of said convent “ in gold and syluer efter following, that is to say, twenty sevin score gude crovnis of the sone of gold price of the pece twenty foure schillingis nynetene gude vnicornis of gold price of the pece twenty thre schillingis ane rydare of gold price thareof thretty schillingis ane crosat ducate of gold ane abbay crovn price of it twenty thre schillingis and the rest of the said soume in gude and vsuale money of Scotland haifand cours of payment for the HISTOEICAL MANUSCRIPTS COMMISSION. 228 tyme,” the Prioress binds herself and the convent to renounce and resign the lands in favour of Sir James Hamilton. Dated 31 July 1555. The following are the sisters whose signatures are upon the document, written by themselves or a notary. — Sister Christian Ballenden Prioress, Sister Elizabeth Napier, sub prioress. Sister Katherine Seton, Sister Elizabeth Herries, Sister Margaret Napier, Sister Agnes Napier, Sister Marion Cranford, Sister Isabel Cant, Sister Agnes Maxwell, Sister Jean Douglas, Sister Elizabeth Napier, Sister Katherine Nisbet. 168. Charter by James Hamilton of Crauford-john whereby in terms of a contract between himself on the one part and Cristina Hamilton heir of the late George Hamilton of Medhope with William Watson her spouse, on tlie other part, the granter with consent of his father-in- law John Cunningham of Capr inton, sells and alienates to the said Cristina and her spouse in conjunct fee, their heirs &c., an annual rent of £20 Scots from the lands of the nether town of Crauford-John in the barony of Crawford John and sheriffdom of Lanark ; To be holden blench of the granter. At Edinburgh 10 March 1558-9. Witnesses William and Adam Cunningham sons of John Cunningham of Caprington, Kentigern Muir, and others. Signed by the parties, their seals being appended, — Hamilton’s seal bearing the three cinque foils of Hamilton, while Cunningham’s bears, quarterly, 1st and 4th a lion rampant, 2 and 3 a shake fork. 169. Letters of Acquittance by Master William Hamilton parson of Cambuslang obliging himself and his heirs to James Duke of ChateL herault etc., that forasmuch as James Earl of Arran (eldest son of the Duke) on 10th October 1559, had come to the “ place of Daildowe, with certain wtheris his complices and servants and thair enterit in ane chalmyr of the said place sitwat vpone the north syde thairof quhilk was than occupyit and inhabit be me the said Maister William and I as than maide my actuale residence thair intill and thair the said .... lord spolieit and tuike furth of ane coffir or schryne of myne being in the said chalmyr five hundreth pundis money in gowld twa hundreth sewintene pundis in quhyte money, ane dosane siluer trunschewris, ane cowp with ane cover dowbill ourgilt with gowld, and ane lawar of siluer with hech strowpis, twa siluer masaris ane of thame gilt the vther vngilt, ane siluer pece twa gowld ringis twenty foure siluer spwnes ane saltfat of syluer with ane cover ” and because the granter has received an equivalent for his loss, first, in an annual rent of 100 merks yearly to be uplifted from the £5 lands of Elistoun, and also from the said Duke on behalf of his son, the whole rest of the sum of money and silver work taken, so that he is sufficiently recompensed, the granter therefore renounces all action he had raised against the Earl of Arran, William Baillie of Lamington, John Crawford of Eouchtsalloych, John Hamilton of Ormistoun, James Hamilton of Haggs, or others, for the sums taken, which he now fully discharges. With clause of warrandice. At Glasgow, 12 January 1559-60; witnesses Gavin [Hamilton] Com- mendator of Kilwinning, Andrew Hamilton of Cochno, and captain of Dumbarton, with others. Signed Master Williame Haylton psone of Cambuslang.” Seal attached, three cinque foils. Legend, “ S.M. Vilelmi Hammiltone.” 170. Receipt by James, [Hamilton] bishop of Argyll in favour of James Makconell of Dunaveg and Glens, for the sum of £130 8/ Scots in complete payment of “kirkis and quarter kirkis of Kyntyre ” due at Martinmas 1561, and the “seingzie” term of 1562. At Glasgow, 21 October 1562. Signed James bischop of Argyll.” MSS. OF THE Duke of HmiLTox. 224 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. 171. Letters of Horning at the instance of John Lord Hamilton, duly executed against Sir James Hamilton of Crawford- John, knight, and James Hamilton of Liberton his son for not removing themselves and servants from the lands of Hraffan, and castle thereof in the barony of Lesmahagow, belonging to James Earl of Arrsn, and to his tutor John Lord Hamilton. In the letters the king narrates that he had lately accepted under his peace and safeguard John Lord Hamilton, Archibald Earl of Angus, John Earl of Mar, Mr. Thomas Lyon of Baldukie, Master of Glamis, and others their adherents, that they should possess their former lands and holdings, etc., in terms of an Act of Parliament at Stirling, 4th November 1585 ; that John Lord Hamilton was, before the troubles began, as tutor to his brother James Earl of Arran, in possession of the lordship of Hamilton, earldom of Arran, the baronies of Machanshire, Cambuslang, Cormanok, Bothwelhmoor, Kin- neil, Carriden, Kerse, Lesmahagow and Dratfan, and was dispossessed thereof by a pretended process, which is now declared null ; that he ought to be repossessed of these lands from which James Stewart called Earl of Arran, Harry Stewart his brother, Andrew Lord Stewart of Ochiltree, John Stewart of Bute, Sir James Hamilton of Crawford- John, knight, and James Hamilton his son, the pretended possessors will in no wise remove, nor suffer John Lord Hamilton to enter; Wherefore the King commands his sheriffs to pass, and in due form to charge the parties named to remove from the lands. At Linlithgow, 19 November 1585. Upon the 23 November 1585, in terms of the above, 200 sheep, 30 cows, ten oxen, and six horses and mares were arrested on the mains of Craignethaii, with eight stacks of corn and bear on the lands ; there were also arrested the rents and duties of the lands of Hraffan, both places lying in the barony of Lesmahagow. On 24th November, Sir James Hamilton and his son James were personally charged to remove from the lands, and on the 11th December 1585, they were put to the horn and their goods declared forfeit, for disobedience. 172. Letters of Factory by David Collace of Auchinfairsyth principal tacksman of the whole lands, kirks, teiiids, fruits, rents and emoluments of the Abbacy and cell of Lesmahagow constituting and appointing James Hamilton of Libertouii his factor and receiver, and intromitter with the teind sheaves of the year 1586, over the lands of Crossford under the bank. Over Auchinhaith, Auchtigarnmill, Slaboddom, Auch- lochan, Stockbrigs, Cummerhead, Betuix the waters, Scorriholm, Clen- nocbs, Garrelwood, Welburn, Muirsland, Bordland, Dovan, Auchnotro, Waterside, Whiteside, Middleholm, Blackwood, Priorhill, Chapel-land, Langlards, Auchtule, Drumbrexhill, Skellyhill, and Bog, lying in the ])arish of Lesmahagow and sheriffdom of Lanark ; with full powers to deal with tenants and occupiers, and uplift the teind-sheaves, grant discharges, etc. Edinburgh, 1st August 1586. 173. Contract between John Lord Hamilton Tutor of Arran on one part, and John Llamilton younger of Woodhall, as principal, with William Livingston younger of Kilsyth and David Forsyth of Dykes, as his cautioners, on the other part, to the effect that Lord Hamilton appoints John Llamilton captain and heeper of his castle of Brodick in Arran, and all his lands of the isle of Arran in the sheriffdom of Bute, for the space of one year from ‘‘ Alhallowmes ” (1®* November) last past, and thereafter during Lord Llamilton’s pleasure. Lord Llamilton assigns and grants to the Captain for his service during his term of office the mains of Brodick, with the corn -mill, multures, etc. ; the mains of King’s cross ; the mains of Latter, and the mains called HISTORICAL MANUSCRIPTS COMMISSION. 225 Glenschantti’s, Over, and INctlier; the corn-mill of Kilbride, together with the bailiary of the whole lands of the isle of Arran ; all to be enjoyed by the said John Hamilton, he paying yearly therefor, for the said mainses the maills, hunting, kine, marts and other duties formerly payable b}^ the Captains of Arran. Lord Hamilton shall lay in or cause lay in to the castle of Brodick between Yule and Candlemas next 8 bolls bear for the rents of the mains for crop 1593, 14 bolls meal for the rents of the two mills, 12 bolls meal for the mains of King’s cross, 12 bolls meal for the mains of Latter, and five bolls 3 firlots for the mains of Glenschanttis, all of same crop, as maintenance for the captain and his servants in the castle, for the first year ; he shall also lay in 20 bolls bear and 12 bolls meal between the said feasts in this present year, and so forth yearly, during the Captain’s term of olEce. He shall also lay in to the castle weekly during that time four pecks meal for supporting two night-watches. In return the Captain shall diligently keep and defend the castle of Brodick, and the whole isle of Arran, and the tenants and occupiers from all “ reif” and oppression, and shall cause the rents and duties to be paid to Lord Hamilton. The latter shall further deliver to the captain at Beltane [1st May, or perhaps put for Whitsunday] twelve tidy cows, to be upon the mains of Brodick, in steelbow, and to be forthcoming at the Captain’s departure. Further the Captain shall receive from Lord Hamilton’s servants “ twentie four hoigsheids of burdeous bind ^ yeirlie at Lambes dureing the tyme of his said office, at the brig of Glesgow with sex bollis greit salt sex bollis small salt and sail cans pas thairwith to the loches quhair the herring happinis to be tane and thair sail pact the said twentie four treis [barrels] with herring and thair efter sail send thame yeirlie betwixt Michaelmes and Mertimes in my said lordis awin bote to the brig of Glesgow, for the quhilkis the said noble lord sail pay yeirlie to the said Johnne at the resait of the said herring according to the prices as the herring pakeris payes yeirlie in the loches quhair the herring ar slane.” Provision is made for the advance of a sum of money by Lord Hamilton with £100 Scots for buying the barrels. Further provisions relate to the Captain’s removing from the castle, when he shall deliver up the furnishings and ammunition according to inventory, and shall remove when required under a penalty of £6,600 Scots ; but should he wish to resign. Lord Hamilton is bound to accept his resignation, under penalty of paying the Captain 40 bolls of meal and 40 bolls of bear over and above the ordinary allowance ; etc, with clause of registration. Signed by the parties at Hamilton 29th November 1593; witnesses Sir James Maxwell of Calderwood, knight, James Muirhead of Lauchope, and others, 174, Extract decree by the Lords Auditors of Exchequer in reference to the petition presented to them by John Lord Hamilton sheriff-principal of the sheriffdom of Lanark, Sir John Hamilton of Lethrick, knight, John Hamilton, parson of Crawford- John deputes thereof for the time and John Robertson clerk of the same, stating that they had been denounced as rebels and put to the horn because part of the taxation of £100,000 Scots granted for support of the prince’s (Prince Henry’s) baptism remained unpaid by the petitioners from the tax imposed upon the temporal lands within the sheriffdom of Lanark ; that the petitioners had been charged to appear before the lords of exchequer to make count ^ “Bind” means size or eapacity ; “burdeons hind” probably means barrels of a size used at Bordeaux, empty casks of a certain calibre. U 24964. P MSS. OF THE Duke of Hamilton, 226 HISTORICAL MANUSCRIPTS COMMISSION. MSS. OF THE Duke of Hamilton. and reckoning of tlie whole tax for the sheriffdom, when it was found they were justly owing the sum of £700 Scots, which the lords assigned to be paid to Patrick Rannald, master baker, and to William Craig master brewer, both to the king ; that the petitioners had given to these persons a sufficient security for the sum due and for payment, which was attested by Patrick and William in person, and they therefore requested the lords of exchequer should declare the petitioners to have satisfied for the amount due, and be no further troubled ; which petition the lords auditors gave effect to, declaring in addition as to the £1000 Scots still owing by the king to the master bakei and brewer, that they will see it paid “as occasioun sail reddiest offer.” At Edinburgh, 26 tTuly 1598. Edinburgh, 32, Castle Street, William Fraser. 15 th [November 1887. INDEX A. Abbyrnethe, George, witness ; 22. Aberbrothok, see Arbroath. Abercorn : James 1st Lord ; 8. bond of renunciation by ; 4G. 2nd Earl of; .57. son of; ih. barony and mill of ; 219. Aberdeen ; 103. diocese of ; held for the King ; 101. Gilbert, Bishop of, witness ; 1.5, 210. letter dated at ; 1 80. Aberdeenshire ; ib. Abernethy, barony of ; 23. Abingdon, Cromwell at ; 123. Aboyne : James, second Viscount of; 103, 104, 108, 154. — — excluded from Scotland; 127, 128. Achalader; 137. Aikman : Francis, apothecary ; 53. witness ; 220. Airlie : Earl of; 151, 163. letter of ; 111. ordered to lav down his arms ; 111 . Airth, Fergus of, grant to; 208. Albany, Duke of, governor of Scotland ; 5, 6, 32, 216. Aldystouu, mill of ; 207. Alexander III. ; 12. Allanson, James, witness ; 29. Allantown, sand bed of; 45. Almond, Lord ; 99. marriage contract of ; 59. Alsace : campaign in ; 89. skirmishes in ; 85. Altorf ; 89. Altringer, General ; 84, 85. Amsterdam : Sir W. Bellenden at ; 127. letter dated at ; 127. Anand, David of ; 209. An dame ; 93. Anderson, John ; 16. “ Andrewes, Edward ”, letter of ; 119. Androson, John, witness ; 18. Anhalt, Prince of; 76. Angus : Archibald, 6th Earl of, release by ; 34. his feud with Arrau ; 6, 32, 33. a fugitive in England ; 217. forfeited lands of ; 20. bonds of ; 7, 37. charter of ; 217. Archibald, Earl of (1489), sheriff of Lanark; 19. Archibald, Earl of (1567) ; 224. trial of; 64, 65. George, 1st Earl of ; 209. George 4th Earl of ; 4, 29. William, Earl of (1646) joins the Covenanters ; 99, 133. Lord; 182. county of ; 180. regiment of ; 1 84. men of ; 103. Annandale : Earl of ; 151, 181. President of the Council ; 200. lord of, see Douglas. Countess of, her sudden death ; 145, condition of; 159, 160. militia of; 161. Auuaumoor, Scotch army at ; 126. Anne : Princess, birth of her son ; 190. Queen, letter to ; 199. — — her successor in Scotland; 201. Antrim : Earl of ; 95. letter of ; 101. Marquis of, letters of ; 62. his expedition to Kintyre ; 62. his invasion of Scotland ; 111. recalls his officer ; 112. — — doubtful of the King’s favour ; 113. his perilous position ; ib. commissioner in France ; 118. Arbroath ; abbey of; 8, 30, 66, 67, 69, 22. convent of, services in defence of ; 44. p 2 228 INDEX. Arbroath— commendator of ; 30, 64, see Hamil- ton, John. Bernard, Abbot of, witness; 12, 13. document dated at ; 222. Arbuthno, rector de ; 213. Arbuthnot, Dr., bequest to ; 53. Argyll; 112. Archibald, earl of (1502) ; 23. seal of ; 30. — witness ; 23. Archibald, Earl of (1540) ; 220. Archibald, Earl of (1560) ; 38. dower of his daugher ; 53. signs the covenant, 43. Earl of (Colin, 3rd earl) ; 6. (1683) exile of; 165. family of; 165. (1689) ; 135, 190. his mission to London ; 181. letters of; 182, 183, 184. — — undertakes to buy the clans ; 183. ^ his information respecting Dun- dee ; 184. — » state of his forces ; 184. Countess of, her dowry ; 53. Marquis of; 119. marriage contract by ; 55. suspected by Charles I. ; 98. declares for the Covenant ; 99. executes a prisoner ; 113. his designs ; 122. his arrest recommended ; 123. Duke of. Commissioner for Scotland ; 200 . his relations with Queen Anne ; 201 . David, Bishop of ; 5, 31, 32, 33. James, Bishop of ; 223. Dean of ; 31. family of ; 9. Argyllshire, Dundee’s projected descent on ; 183. Arlington, Earl of, letters of and to ; 150. Arnheim, Count ; 89, 91. Arran : James, 1st Earl of; 4, 20, 34. his feud with Angus ; 5, 6, 32, 33. faction of ; 32. defeats Lennox at Linlithgow; 6. divorce of; 49, 50, 51. his marriage with Janet Beton ; 51, 62. Elizabeth, wife of; 49-51. dispensation to ; 52. • grant by ; 20, 21. — deed relating to ; 217. grant of Bothwell to ; 20. bonds of service to ; 31, 33, 34. warden ol' the Scotch border ; 5. his position as a subject ; 4. death of; 6. will and inventory of ; 52. 2nd Earl of ; 1, 6, 11, 22, 34, 35, 37, 224. papers relating to ; 34 ef seq. Arran — cont. tutor to Queen Mary ; 6. Governor of Scotland ; 6, 7, 205, 206, 220, 221. acquires the site of Hamilton Palace ; 10. his services ; 30. — — declared the second person in the Kingdom ; 35. powers granted to him as Eegent ; 39, 40, 42. presumptive heir to the Crown ; 40. natural son of ; 40. alienation to ; 23. contracts of ; 53. — — wardship and marriage of; 218. obligation to ; 36. letters of maintenance by ; 36. bonds of service to ; 35, 37, 39. signs the Covenant ; 43. created Duke of Chatelherault ; 7. intrigues with the French party ; 7. resigns the Eegency ; 7. retires to France ; 8. indemnity to ; 39, 40, 42. decree obtained against ; 65. his will ; 53, 54. his estate ; 37. 3rd Earl of ; 21, 46, 55. his proposed marriage with Queen Elizabeth ; 43. robbery committed by ; 206, 223. (1685) Earl of; 169. letters to ; 198. (1698) Earl of ; 136. Thomas, Earl of ; 4. Captain of ; 39, 225. aid to ; 45. Keeper of; 66. Isle of; 24, 224, 225. protection of ; 45, 46. forty pound lands in ; 23. bonds of service in ; 38. jurisdiction in ; 168. letter dated at ; 58. lands of ; 224. Ardrossan, castle of ; 221. Arundel, Earl of, consulted by the King ; 102 . Ashley ; Jacob, occupies Berwick ; 101. Sir Jacob; 79. Mr. ; 72. Ashburnham : Mr.; 118. treats with Cromwell ; 120. Atern castle, letter dated at ; 73. Athole : Earl of; 150, 151, 154. his relations with Argyll ; 153. Marquis of; 159, 163. 169. letter to; 178. family of; 180. INDEX. 229 Athole — cont. inhabitants of ; 180. Jacobite agitation in ; 183, politics in ; 187. Atowne, Alexander ; 216. Auchinhaith, Over, lands of 224. Aucbinleck : Adam of, witness ; 213, Jacobus de, witness ; ih. Auchlochan, lands of ; 224. Auchuotro, lands of ; ib. Aucbtigammill, lands of ; ib. Auchtule, lands of ; ib. Augsburg, letter dated at ; 81. Auldcatby ; lands of ; 3, 13. advowsonof; 19. Auld Cottmure, lands of; 222. Auldlands ; 3, 14. Auld town of Machan, lands of ; 18. Auscha ; 90. Avondale : Andrew, Lord, agreement of ; 34. grant by ; 218. witness; 215. Earl of ; 204. barony of; 28, 29, 35, 167, 216, 218. Awldynston, Hugh of, witness ; 24. Ayr : religious disorders in ; 156, 157. increase of the garrison at ; 157. the King’s proclamation resisted at ; 100 . Sheriff of; 25, 35. gentry ordered to reside in ; 157, 158. letters dated at ; 100, 168. Ayrshire; 160. B. Baden : assembly of Cantons at ; 86. William, Marquis of ; 85, 86. Badenoch (Badzenocb) : Jacobite agitation in ; 183. rebels at; 179. lordship of ; 54. Baillie : Alexander, of Carfyn ; 32. William, of Lamington, hostage for James I. ; 9, 223. son of; 9. Balcarres : Colin, Earl of, letters to, intercepted ; 178, 179. imprisonment of ; 189, 190. Balcanquhal, Walter ; 65, 98. Balfour : Master David ; 221. Schir Henry, forged document alleged to be drawn by him ; 205, 220. Balmaclellan, grant of lands of ; 204. Balnavis, Master Henry, of Halhill ; 38. Baltasser, Don ; 90. Baize : William, witness ; 16, 18, 223. — — of Hopryk ; 17. lord of Lamington ; 15. Bangor Bay, English fleet in ; 186. Banier, Field Marshal, John; 85, 89, 91, 92, 93, — — his advance on Prague ; 61. • at Halberstadt ; 76. army of; 87. - ordered to guard the Elbe ; 73. letters of ; 74, 75, 76. Bannatin (Bannatyne) : Alexander, witness ; 23. Archibald, of Quogach, juror ; 22. of Kerelawmyn, witness ; ib. John, the younger, of Corhouse ; 45. Ninian, of Carnes, witness ; 22. juror; 21. Kobert, juror ; 21. William, of Dunawlat ; 22. William, the younger, of Corhouse, bond of ; 45. Bannockburn, battle of ; 2, 203. Bantry Bay, naval engagement in ; 184. Barde (Bard) : Georgie, witness ; 220. Martin, witness ; 28. William, of Kirkwood ; 26. witness ; 27, 28. Barcklay, Sir John ; 131. Barnard Castle ; 124. Barry, Master Eobert, iV.rch deacon of Argyll; 31. Barns, lands of ; 3, 14. Basle; 88. Bathgate ; 215. barony of ; 3, 14. Batten, Captain, negotiates for Charles I.’s escape ; 123, 125. Bavaria : military operations in ; 84, 85. Duke of ; 88, 89. Bawdriston, lands of ; 15, 29. Beaton : David, witness ; 23. Cardinal ; 8. his ambitious designs ; 205. forgery by ; 205, 220. James, Archbishop of St, Andrew’s ; 52, 53. Abbot of Dunfermline ; 30. Janet, of Memys Easter; 51. Bell, William, burgess of Lanark ; 25. Bellenden : Dame Christian, prioress of St. Cathe- rine of Sienna ; 222. Sir Lewis ; 66. Sir William, sent to Amsterdam; 127. letters of ; 125, 127. Benfeldt, defence of; 85. Bentam -more, Parliamentary army at ; 1 24. Berklay, Sir David of, witness ; 210. 230 INDEX, Berkyllay, dominus David de, witness ; 208. Bernhardt : Duke ; 84, 85, 89. army of ; 87, 88. relieves Wrangel ; 98. Bernys, lands of; 14. Bertram Shotts ; 10, 11. chapel of ease in ; 10, 11, 48, lord of; 48, Berwick ; 97, 189. occupied by the English ; 101. proposal to surrender ; 126. attitude of the garrison ; 122. in the hands of the royalists ; 123. justice’s court at ; 211. Edward I. at ; 2. governor of ; 105. ' occupation of, advised; 95. letters dated at; 102, 104, 108, 122, 126. Berwickshire, precautions against disturb- ances in ; 158. Betwix’ the waters, lands of ; 224. Bihrach ; 84. Birckenfeldt, Christian, Duke of; 84, 85. Black, William, letter to ; 124. Blackader : Baldred, witness ; 20. Patrick, witness ; ih. Robert, Bishop of Glasgow ; 19. Blackball; 2, 214. Blackheath, troops encamped at ; 144. Blackstow, Griseld ; 67. Blackwood : troops quartered at ; 167. lands of; 224. Blair Athol ; 179. Blair (Blare) : land of; 186. Sir Adam, arrest of; 189. David, of Adamtoun, witness ; 22. Katrine of ; 25, 27. William, marriage contract of ; 59. Blakwod, Sir Symone, vicar of Symon- toun ; 214. Blantyre : Dene Robert Coith’s, prior of ; 33. Lord ; 31. Blaxton, William, letter of ; 126. Blcxen, military Operations at ; 73. Blom, Sir Michael, Swedish agent to Eng- land ; 83, 84. Bohemia; 89. preparations to reconquer; 85. campaign in ; 90. King of ; 70, 81. treats for his restoration ; 74. death of ; 82. letter of ; ih. Prince Charles of ; ih. Queen of; 71. letter of ; 82. Bohenslieh; 90. Boid of Badenhath, witness ; 28. Bolsham, document dated at ; 44, 4.5. Boltoun, baroii}^ of; 211. Bondington, exchange of lands in ; 13. Bonsell, — ; 91. Bordland, lands of ; 224. Borrowstoness ; 10, 11. Borthwick : Colonel, mutiny of his troops ; 140, 141, 159. Mr. Eleazer ; 83, 84. letters of ; 106, 107. letter to; 107. Sir William, witness ; 212. Bosyd, — ; 23. Boswell, — , letters of, intercepted ; 119. Bothwell ; 4. lands of ; 217. forest of; 10. lordship of ; 20, 21. castle of ; 2, 9. documents dated at; 16, 212, 213. Baron of; 217. domina de ; ih. Francis, Earl of, his entry into Holy- rood ; 60, 66. Patrick, Earl of, bond of; 37. Bothwell-hridge, battle of ; 162. Bothwell-moor, barony of ; 224. Bottburrigh, letter dated at ; 93. Bouillon, Monsieur de ; 87. Bourhyll, Laurence of, clerk, saisine by ; 213. Bouzeu, taken ; 89. Boyd : Lord; 63. commissioner ; 85. Robert, Lord of Kilmarnock ; 37. Thomas ; 4. William of Badynhath, witness ; 24. Bowes, Mr. ; 64. Bowtoun, letter dated at ; 63. Brabant, French invasion of; 144. Bracanrig; 1, 11, 26, 27, 28, 29. lands of ; 24, 27, 28. lord of ; 25. documents dated at ; 25, 28. Brandling, Charles, letter of; 126. Brandenburg : old, letter dated at ; 73. elector of ; 74, 89. campaign in ; 91. Braemar; 180. Breadalbane, Earl of ; 169. his mission in the Highlands; 178, 192. to be induced to serve King William ; 184. Brechin (Brekhin) : Bishop of ; 94, 97. dominus de, witness ; 208. John, Bishop of, witness ; 16. Patrick, Bishop of, witness; 13, 14. chancellor; 207. Breda, Charles II. at; 131. Breitenfield, battle of ; 61. Breko : Nether, lands of ; 18. upper, lands of; ih. INDEX. 231 Bremen : Prince, archbishop of; 71. makes a league with Sweden ; 73. expedition to ; ib. levies of; 72. Brintsnab, lands of ; 35. See also Bruntsnal. Brintyll, deed dated at ; 209. Brisach : siege of ; 85, 86, 89. fall of ; 93. Brisgoine ; 89. Brodick ; castle of ; 21. Captain and keeper of ; 224, 225. victuals for ; 225. mains of ; ih. documents dated at ; 38, 39, 45. Bromley, Mrs. ; 169. Broncastell, lands of ; 214. Brown : Captain, his vessel taken and retaken ; 182, 183. Samuel, bookseller ; 129. Browne : Adam, witness ; 28. Omer, witness ; 214. Brownland ; 215. Brownside ; 24, 27, 28, 29. Bruce (Bruys) : Alexander, bond of ; 38. David ; 51. Edward ; 2. witness; 12. Robert ; 65. of Airth, bond of ; 38. King Robert ; 2. Sir William ; 169. Bruncastel ; 26. Brunsyde, lands of ; 25, 26. Brunstane, laird of ; 7. Bruutsnab, lands of; 218. Bruntron, taken by the French ; 88. Brynthouse, lands of ; 18. Buccleuch and Monmouth ; duke of, created chamberlain of Scot- land; 143. Duchess of, complaint of, 188. Buchan, comes de ; 207. earl of, with James VII. in Ireland ; 182. Buchquhan, documents dated at; 219. Buckingham, George Villiers, duke of ; 199. Bullok, dominus de, camerarius ; 208. Burgundy, county of ; 88. Burnet, Bishop Gilbert, note by ; 148. Mr. William, his evidence before the House of Commons; 154. llute ; 66. kirks of ; 23. chamberlainry of; ib. sherifl of; 22, 23, 35. sheriffdom of ; 21, 23, 24. (1705) earl of; 200. Bute and Arran, sheriff of; 22. Butheauz, lands of ; 210. Buthirnok, rector of; 16. Butler, leader of the Independents ; 121. Butyll, rector de ; 209. By gar, lord of ; 24. Byron, Lord, negotiations by; 120, 122. on foot in Lancashire ; 123. 0 . “C.D.,” letters signed by ; 121, 122. Cadzow : barony of; 3, 9, 13, 14, L5, 203,207. lands of ; 3, 13, 14, 16. ancient church of ; 47. William of, witness ; 211. lord of, see Hamilton, James, lord of. Cairns : Alexander, provost of Lincluden, witness ; 212. David, letter of; 182. Calais, Prince Charles at ; 127. Caldorwood, dominus de ; 213. Callender : Earl of, arrest of ; 1 94. letter to ; 129. Cara, retaken by Bavaria ; 89. Camberone-Johne, lands of ; 214. Cambuslang ; 163. barony of ; 224. church of; 17,212. advowsonof; 19. Cambusnethan, grant of the forfeited barony of; 216. Cant, sister Isabel ; 223, Cantire, cape of ; 185. letter dated from ; 186. Camerarius, Louis, Swedish ambassador in Belgium ; 70. letters of ; 71, 72. Cameron, John, witness ; 214. Cameroun, John of. Privy Seal ; 15. Cameronian regiment ; 194. Campbell : Alexander, lord of, witness ; 16. Dugald of Glensaddell, letter of ; 182. Duncan ; 27. Duncan, lord of, witness ; 16. George of Galston, witness ; ib. Sir George, lord of Londoun ; 25. Hugh; 29. grants to ; 25, 26, 27, 28, 29. wife of ; 25, 27. of Brownside ; 29. of the Glastyr ; 28. of Londoun ; 34. sheriff of Ayr, bond of; 35. James, grant to ; 28. of Brownside ; 28, 29. John, grant to ; 29, witness; 27. Patrick, lord of, witness ; 16. .232 INDEX. Campbell — cont. Robert, of Glentyre ; 29. Will. ; 182. William, lord of, witness ; 16. Campbells, of Loudoun ; 11. Campbell-town, letter dated at ; 182. Campostella, pilgrimage to the cburch of ; 49. Canongate, letter dated at ; 109. Canterbury, Archbishop of ; 87, 154. Cardiff: governor of; 121. attempt against ; 123. Cardross, Lord, his chaplain imprisoned ; 159. Caredine, barony of; 211. Carlaverock : document dated at ; 27. lady of; 27. Carlisle ; 97. occupied by England ; 101. Irish troops at ; 101. operations at ; 124. summoned to surrender ; 126. letters dated at ; 124, 125, 126. packet ; 160. Lord, letter to ; 77. Carmichael ; Master of; 142. Sir David ; 159. implicated with Argyll; 165. letter dated at ; 168. Carmunnock : church of, united with Hamilton ; 49. proceedings against the parishioners of ; 166. Carnbie ; 68. Carnduff, John ; 29. Carnegie : John, of Eotheis, witness ; 45. Sir John, of Kinnaird, witness; 44, 45. Robert, enfeofment of ; 40. Sir Robert, marriage contract of ; 59. Carnfyn, lands of ; 18. Camis, William, burgess of Linlithgow ; 214. Carnwath, Thomas Somervil, Lord of ; 24. Carnys, Mr. Alexander, provost of Linclu- den, grant to ; 209. Carpenter : Oliver, grant to, recited; 202, 203, 206. story of ; 203. Carrick; 163. David, Earl of, witness ; 15. Edward, Earl of ; 12. John, Earl of, witness ; 210. Seneschal; 211. Steward ; 1 4. Chancellor ; ih. Carrick-fergus, letter dated at ; 186. Carriden, barony of ; 224. Carryg, Andrew, witness ; 16. Carruthers, James ; 161. Carrutheris, Nigel of, witness ; 22. Carsaig, landing of the French at ; 183. Carstairs, barony of; 216. rector of ; 20. Carstares, Rev. William ; 195, 196. Carswell : forfeited lands of ; 216. Mr. John, rector of Kilmartin ; 222 . Cassilis : Earl of; 94, 160. Dame Margaret Lyon, Countess of ; 54. John, Earl of ; 55. marriage contract of ; 59. Castle-Elizabeth, in Jersey, letter dated at; 131. Castrin, Hamilton’s army at ; 76. Catalonia, Franco-Swiss regiment in ; 193. Cathis, Thomas of, witness ; 27. Catholics : detected conspiracy of ; 65. legislation for ; 173. Catholic league in Germany ; 89. Cawdor, document executed at ; 216. Cessford, Ker of, arbitration as to ; 5. laird of ; 32, 33. Chalmer : David, bailie ; 215. James, of Gaitgirth, bailie ; ib. John, bailie ; ib. and Agnes, enfeofment of ; ib. Chanonrie, petition dated at ; 126. Chapel-land, lands of ; 224. Charles I. : Commissions of, to the Marquis of Hamilton ; 47. introduces the service book ; 62. with the army at Newcastle ; ib., 110. confined in the Isle of Wight ; 62. his attitude towards Sweden ; 70, 74, 81. proclamations of ; 94, 101, 102. instructs Hamilton as to the service book ; 94. and as to calling a Parliament ; 95. attempts to declare the covenant illegal ; ib. to evade the covenant ; 96, 97. expected at Berwick ; 102. his refusal to sanction the general assembly and Parliament ; 104. endeavours to save Montrose; 110. refuses the demands of Parliament ; 114. little moved towards granting the covenant; 115. his message to Parliament ; 116. requires Montrose to lay down his arms; 110. his friends in Parliament discour- aged ; 114. thinks Scots guards safer than Holmby ; 116. his interview with the Scotch com- missioners ; 117. his confidence in Ashburnham ; 118. projected escape of; 119, 120, 121, 122 . treachery intended towards ; 121. INDEX. 233 Charles I. — cont. twelve ships declare for him ; 125. prisoner at Newcastle ; 133. his execution ; 130. money borrowed by him from Hamil- ton; 134. repaid ; 146. letters of; 95, 104, 118, 132-134. letters to ; 71, 76, 81, 82, 94, 101, 110, 118, 0^1i£irlGs " Prince of Wales ; 120, 121, 122, 125. invited to Scotland ; 62, 127. instructions by ; 117. sent into Holland ; 124. conditions imposed on him ; 127, 128. signs the Scotch declarations ; 128. his answer to the committee of estates; 129. Charles II. ; 130, 131. intends going to Breda ; 131, 161. repays his father’s loans ; 134, 146. alarm of his invasion of Scotland ; 139. at Newmarket ; 149. approves of Hamilton’s return to Court; 150. proclamation of ; 162. letters of; 63, 76, 131, 132, 137, 159, 198. letter to ; 149. Chatelherault : James, Duke of, grants to ; 22, 222. compensation to, for the loss of his duchy ; 30. — — bonds of maintenance by ; 38. bonds of service to ; ib. agreement of ; 40. letters of remission to ; 43. covenant signed by ; ib. permitted to leave Scotland ; ib. protest of ; ib.y 44. excluded from Parliament ; ib. enfeofment by ; 45. • indulgence for ; 49. wife of ; ib. sons of; 43, 223. daughter of ; 54. appointed justiciary ; 222. makes restitution for a robbery by his son ; 223. Chatelherault, Margaret Douglas, duchess of ; 49. Chepstow Castle, besieged by Cromwell ; 123. Cheshire, royalist movement in ; 120. Chester ; 182. Christina, queen of Sweden, succession of; 83. Churchill, Lord ; 169. Clan Donald, swears allegiance to Charles I.; 101. Claverhouse. See Dundee. “ Cleanse the Causeway ” ; 5. Cleintene, Henry ; 41. Cleland : Patrick, witness ; 213. of; lo. William, witness ; 18. of Clelandton, witness ; 24. Clennochs, lands of ; 224. Clerk, James, prebendary ; 16. Clerke, Benjamin, mayor of Berwick; 126. Cleveland : Duchess of ; 144. son of ; ib. “ Cleveland,” the ship ; 186. Clifford, Lord, occupies Carlisle ; 101. Cloneschynacii, exchange of lands in ; 14. Cluny, letter dated at; 113. Clyde : the river; 10. Clydesdale; 161. valley of ; 12. upper ward of; 136. nether ward of ; 158. troops ordered to ; 160. troops quartered in ; 168. marquis of ; 57. Cochrane : John, Lord, marriage contract of ; 59. Lord ; 159. Mr. William, of Kochsoles, sheriff depute; 162. William, witness ; 29. Cockburn : Alexander, grant to ; 211. — — • of Langton, witness; 210. laird of Ormiston ; 7. Coittis, Robert, prior of Blantyre, witness ; 33. Cokburne, R., witness ; 31. Colberry, battle of ; 71. Colbintoun, laird of; 33. Colchester, fight at ; 124. Coldinghame ; 35. commendator of ; 54. Coldoune, lands of; 18. Collace, David, of Auchinfairsyth ; 224. College of Justice ; 97, Collredo, General ; 90. Colmar, defence of ; 85. Cologne (Collen) ; bishoprick of; 87. elector of ; 89. letter dated at ; 137. Columbe, resignation of the lands of; 216. Colquhoun, Sir Umphra, of Luss, marriage contract of; 55. Commargen, Colonel, killed at Lutzen ; 82. Commons : House of, debate as to the settlement of religion in ; 122. remarks upon members of ; 117. a mock treaty proposed by ; 123. party dissensions in Scotland fomented by; 123. 234 INDEX. Comyn, Johannes ; 12. Conde, prince de, receives Prince Charles ; 127. Congregation, lords of the ; 42. Conyngham : James, witness ; 27, 28. commission to ; 70. William, of Conynghamhead, wit- ness; 22. Thomas ; 51. Coningham : Alexander of Colzeine ; 22. Andrew, witness ; 27. of Drippis ; ib., 28.^ Constance : siege of, raised ; 84. lake of, military operations on the ; 89. Conventicles : state papers concerning ; 158. bonds not to attend ; ih. increase of; 142, 159. proceedings against; 143, 144, 165, 166, 168. suppression of ; 135. Cook, — ; 169. Copenhagen, English and Austrian am- bassadors at; 70. Copthall, letter dated at ; 177. Corehoiise, troops, quartered at; 168. Cormanock : barony of; 19, 224. lands of; 17. advowsonof; 19. Cornwall, the Mount in, surprised by Cornishmen ; 124. Gorry gills, lands of ; 23. Corsbasket, lands of ; 16. Corstophine, St. John’s Church of, pro- vost of ; 48. Corsby, lord of ; 22. Cortachie : barony of ; 209. letter dated at ; 111. Cowell, turbary rights in ; 30. Coventry, Patrick, rector of Garwald ; 49- 51. Covenant : subscription of the ; 43. Charles I.’s scruples as to taking the ; 114-116. confession of faith proposed instead of; 96, 97. to be pronounced illegal ; 95, lords of the; 105. Covenanters : objects of; 97. activity of; 95, 100. demands of; 96, 103. disbanded; 104. movements of; ih. delay delivering cannon ; 109. representatives of; ib. persecuted by Lauderdale ; 135. rising of, in the West; 156, 157. disarmed ; 158. their petition to Monmouth ; 162. troops quartered on ; 167. Cowinthre, Patricius, rector of Garwald ; 49. Crag, Richard, King’s clerk, witness; 18. Cragy, vicar of ; 35, 214. Craglyown, or Kinneil ; 19. Craig, William, master brewer; 226. Craignethan, mains of ; 224. Cranstoun, Thomas of, witness ; 15, 212. Crawford : Captain of ; 209. lands of ; 206. barony of; 210. troops quartered in ; 168. Earl of, forbidden to enter Scotland ; 127, 129. bequest to ; 57. on his way to Paris ; 113. Lord; 188. lords of; 209, 210. Archibald, vicar of Erskine; 49-51. David, Earl of, witness ; 16. — — eonfinement of; 65. John of Rouchtsalloych ; 223. .John, witness ; 22. Ludovie, 13th Earl of, letter of; 110 . Sister Marion ; 223. Nicholas, of Oxingaugs ; 52. Randulph of, witness ; 22. Robert of, grant to ; 17. Sir William of, witness ; 209, Priory ; 2. Douglas, lands of ; 206. John, barony of ; 209, 223. parish church of ; 209. nether town of ; 223. rents of ; 53. Crawfurde, Alice of, grant to ; 17. Crecqui, Monsieur de ; 86. Creichtoun, David of Logtoun, bond of service by ; 45. Henry, tenement of ; 218. Cressenyll, William of, grant to cited; 209, 210. Crichton, Sir William, witness; 18. Crighton, Robert of, lord of Sanquehar, witness; 212. Cristesone, dominus David, witness ; 220. Cromwell : Oliver, his enmity to Martin; 118. accusations against ; 119. his negotiations \vith Montrose ; 121 . orders Selkirk’s arrest; 139. advances to Abingdon; 122, 123. besieges Chepstow Castle ; 123. joins Lambert in Lancashire ; 124“. Crosen ; battle at; 74. beseiged ; 76. relieved; 77 passes of ; 76. Crossford-under-the-Bank, lands of; 224. Crossraguel, abbey of ; 8, 30. Crummy, John, witness ; 218. Cruxtoun, documents dated at ; 25, 29, INDEX. 235 Crwnzeau : Andrew, witness ; 29. John, witness ; ih. Culmore, guns brought from ; 185. Culross, William, commendator of, wit- ness ; 32, 37. Cumbray, lands in ; 23. Cummerhead, lands of ; 224. Cummirland, grant dated at ; 29. Cummirnald : lord of ; 24, 28. charter dated at ; ib. Cumnok, dominus de ; 213. Cunningham : Adam, witness ; 223. Lady Ann, dowry of ; 55. Gilbert of, precentor, witness ; 21. Hew, witness ; 37. John, of Caprinton ; 223, Sir John; 164. Thomas, notary ; 51. William, witness ; 223. Mr. William ; 109. Sir William, grant to ; 207. Cupar, Abbot of, the Covenant signed by ; 43. Curmanok, barony of ; 212. Curtins : Monsieur, 84, 85. letter of ; 89. Custrin, letter dated at; 74. Cuthbertsone, Lyouu ; 214. D. “ D. H,” implicated with Argyll, 165. Dalkeith ; lordship of ; 38. lord of, witness ; 16. cannon taken from ; 109. messengers sent to ; 137. abandoned by Lord Tiaquaire ; 101. documents dated at ; 65, 94, 95, 97, 139, 218. Dalrymple : Sir J. ; 160. Sir James, letter of ; 193. John of, commissioner for Edinburgh; 16. Sir John, proceedings against ; 177. supported by Hamilton ; 189. letters of; 193, 194. Dalrymples, administration of the ; 135. Dalserf . grant of escheated lands in ; 15. tower of: 21. Dalzell, or Dalyell : family of ; 1,11. barony of ; 45, 210. nether inch of ; 45. Alan of, witness ; 25. Alan, bailie ; 215. Dalzell : John of, charters of; 25, 26, 27. lord of Brakynreg ; 24, 25. lord of Sandyholme ; 28. Sir John of; 11, 24. Peter, of CarloAvry ; 24, 210. Robert, renunciation by ; 28. of, grant to ; 24. of the Bracaurig ; 212. of Kincavil ; 32. of Sandyholme ; 28. Sir Robert ; 161. General Sir Thomas, letters of ; 165, 167. Thomas of, witness ; 24. Sir William of, witness ; ib. Dan, battle of ; 86. Dantzic : expedition to ; 204. Scotch knights at ; 211. Danube : the river ; 84. military operations on the ; 89. Darcy, — ; 169. Daruley, or Darnlie, lord of; 11, 24, 27, 212 . David II. ; 3, 210. charters of; 13, 204, 206, 207. Dawson, Mrs. ; 169. Delamere, Lord ; 175. Denbigh, Lady ; 130. Denmark : King of, grants free passage to Scotch troops ; 70. negotiations Avith ; 72, 73. Dennystoun, John, Archdeacon of Dun- blane, Avitness ; 35, 36. “Deptford,” Captain Rooke’s ship; 184. Derby, Earl of, letter of; 127. Derry : relief of; 184, 185, 186, 187, 190, 191. state of the besieged in ; 185, 186. Derry Lough, letters dated at ; 184, 185. Deskford, Lord; 95. Diegem, camp of, letter dated at; 195. Dieppe ; 120. letter dated at ; 93. Digby : Lord ; 128. — ; 118. Dirletou : Earl of ; 58. letter dated at ; 130. Disert, Michaelis, Avitness ; 220. Doding, Colonel, raises men for Parlia- ment ; 124. Dolfynton, rector of ; 16. “ Doll,” a messenger ; 136. Donaghadee harbour, Erench vessels de- stroyed in ; 186. Donaldson ; John, Avitness ; 27. Jon., witness ; 26. Douystouu, lands of ; 17,18. 236 INDEX. Douglas : church of; 212. Earl of; 9, 10. Marquis of; 102. faction of ; 5, 32. Adam of Browncastell ; 214. Alexander of the Mains, pardon of; 36. Andreas de, witness ; 208. Archibald; 204. regent, killed at Halidon ; 203. Earl of, witness ; 15, 210. fourth Earl of, charter of ; 209. fifth Earl of; 4. widow of ; ih. charter of; 212. Maister Archibald ; 38. Sir Archibald, witness ; 207, 210. lord of Galloway, grant to ; 204, 211. discharge in favour of ; 209. Archibald of Kilspindle, provost of Edinburgh; 5. Euphemia, Countess of ; 4, 212. -= — -wife of James Hamilton; 18, 213. George ; 8, 44. witness ; 19. Sir George, bond of; 7. — — . of Pittindreich ; 37. Hew ; 32. Hugh, lord of, resignation of his lands; 204. charter of; 207. Isabella, Countess of; 210. James, lord of, witness ; 12, 13. “ the good Sir James ” ; 20^ Sister Jean ; 223. James of, witness ; 15, 209. Lord James ; 154, 207. James, 2nd Earl of; 210. witness; 211. 7th Earl of ; 204, 212, 213. wife of ; ib. 9th Earl of; enfeofment by; 16, 17. — charter of ; 17. Colonel James ; 161. James of Balvany, witness ; 18. Sir James of Dalkeith; 3, 14. James of Drumlanrig ; 34, 37, 55. of Peryston, witness ; 26. John of, lord of Balvany ; 17. Margaret; 18. Eobert ; 214. SirKobert; 11. William of, killed at Halidon hill ; 203. enfeofment by ; 208. 1st Earl of ; 204. ■ witness ; 13, 14, 207. 8th Earl of; 4, 16, 212. assassination of; 204. 1st Marquis of ; 132, 133, 134. son of ; 55. Douglas, William — cont. William of, of Drumlanrig, witness ; 209. of Kingcavill ; 14. Sir William of Liddesdale, grants to ; 203, 207, 208. of Nithsdale ; 204, 209, 211. Maister William ; 33. Abbot William ; 217. See Angus, Earl of; Morton, Earl of ; Selkirk, Earl of. Douglasdale, resignation of lands in ; 204. Douglas-Moor, lands of ; 206. Do van, lands of; 224. Dow, John, bond of service by ; 45. Dowart, the house of ; 183. Downs, letter dated from the ; 128. D’Oysel, Seigneur, offers to purchase the Lieutenant-Generalship of Scotland ; 41. Draffan : castle of ; 43. lands and castle of ; 224. tenement of; 216. barony of ; 224. Dresden, letter from ; 89. Drumbrexhill, lands of; 224. Drumclog, lands of; 218. Drumcors ; lands of ; 3. release of claim to ; 14. Diumgrener, lands of ; 38. Drumlanrig ; 151. Master of ; 55. Drumlog, lands of ; 35. Drummond : Sir David; 91. letters of; 61, 90, 92. John of Lundin ; 168. Lord, intercepted letter of ; 193. Major-General William ; 136. Lieutenant-General William ; 139, 168, 172. disperses the Covenanters, 168. letters dated at ; 162, 163, 164. Drumrudyr; 22. Drumry : forfeited lands of ; 34. rents of; 53. Drumsergarth ;’ 4. barony and lands of : 16, 17, 19, 21, 212, 213. Drury, John, his mission to the German protestants ; 87. Dryburgh : abbey of ; 5. — — David, commendator of ; 33. Dublin ; 185, 193. Dublin Castle, letters dated at; 178, 179. DuderhofiF, Baron ; 88. DufEus, Lord, arrest of ; 194. Dulglase, John, witness ; 28. Dumbarton : castle of; 8, 14. custody of ; 35, 40. captured by Bruce ; 203, INDEX, 237 Duml)arton — cont. dues owing to ; 30. Captain of; 30. assignment of ; 67. collegiate church of ; 33. letter dated at ; 1 82. Du Meny, an officer of Gustavus Adol- phus; 72. Dumfries : disorders in; 65. Earl of; 100, 144, 154. document dated at ; 38. Dumruden, lands of ; 22. Dunbar : fleet sent towards ; 103. Gavin, see Glasgow, Bishop of. Johannes de, witness ; 213. Mr. John, witness ; 22. Dunbretan, charter dated at ; 12. Dunblane ; Archdeacon of; 35, 36. Bishop of; 94, 150. Michael, Bishop of, witness ; 16. Dundas, James and George, bond of service by ; 38. laird of, cited for allowing conven- ticles; 165. Dundee : Viscount; 176, 190, 193. intended rising of ; 182. supplies promised to by James VII.; 178. commission for ; 178. illness of; 179. death of ; 180, 190, 191. his movements in the High- lands ; 183, 187. — — his correspondence with Breadal- bane ; 183. — — letters to ; 178, 179. Dundonald, Earl of ; 144, Dunfermline ; abbey of ; 2. Abbot of; 30. George, commendator of, witness ; 37. Charles, second earl of; 115. letter of ; 109. Dunkeld; 179. letter dated at ; 113. Bishop of ; 170. Bruce, Bishop of, deprived for preach- ing against the Papists ; 173. Henry Guthrie, bishop of ; 199. James, Bishop of, witness ; 16. John Bishop of ; 8, 23, 37, 54, 210. Chancellor; 211. Treasurer ; 221. Dunkirk, garrison of ; 115. Dunoon (Dunvne) document dated at ; 222. grant to the inhabitants of ; 30. Dunteling, lands of; 19. Dunvegan, letters dated at; 137, 138. Durham : battle of ; 3. Dean of, 98. Magister Michaelis, witness ; 220. Dutch horse, ordered to Scotland ; 190. Dutch squadron, off Ireland; 189. Dutlingen, battle of ; 84, 85. Du Valett, cardinal, visits London incog- nito ; 100. Dyschyngtouu, Willelmus de, witness; 207. E. Easter Barmukkis, lands of ; 19. Edalwood, grant of, recited ; 202, 203, 206. “ Edgar, Edward,” letters to; 117, 118, 119, 125. Edinburgh; 51, 179, 184. sheriffdom of; 12, 13, 14, 15, 29. assembly at ; 104. Parliament at ; 15, 104, 107. faction fights in ; 5, 6, 145. burgh of, seal of the ; 34. Commissioner of ; 16. provost and bailies of ; 105, 106. Bishop of ; 94.| tolbooth of ; 150, 167. arms concealed in ; 157. arrest of Jacobites in ; 189. justices court at ; 211. church of St. Giles, in ; 218, Exchequer at the Black Friars, in ; 221. castle of ; 175. attempts to surprise ; 95, 96, 195. — — negotiations for its surrender ; 98. defenceless state of; 99, 109. occupied by strangers ; 108. — — capitulation of ; 188^ prisoners in ; 190. documents dated at ; 15, 16, 17, 18, 19, 20,21,23,24, 29,31, 32, 33, 34, 35, 36, 37, 38, 43, 45, 51, 53, 54, 65, 94, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126, 141, 145, 149, 150, 151, 153, 154, 155, 158, 161, 162, 164, 165, 166, 167, 168, 170, 171, 174, 179, 187, 192, 195, 198, 199, 200, 207, 208, 209, 210, 214, 215, 216, 218, 221, 222, 223, 224, 226. Edmonstone : Sir John of, grant to ; 210. wife of ; ib. Ednam: lands of; 210. church and hospital at ; ib. Edward, Prince of Wales, his proposed marriage with Mary Stuart ; 36. Edzell, laird of ; 108. Eglington : Earl of; 153, 183, 200, 221. Sir Hugh of, witness ; 14. Hew, master of; 35, 36. — — Earl of ; 34, 54. 288 INDEX. Elainton (Elanetoun): Jands and lordship of ; 212. pleas at ; 25. lordship of; 26. lady of ; 27. Elbe: the river; 76. passage of troops on; 73, 90. Elector, the. See Frederick III., Bohe- mia, king of. Eliestoun (Elastoune) : lands of ; 4, 206, 223. grant of lands in ; 16. Eliok, lord of ; 24. Eliot, Gilbert, clerk of the Council ; 194. Elizabeth : Princess, baptism of; 67. Queen, embassy to ; 43. — letters of ; 60, 64. Elphinstone : John, of AirtL, witness ; 23. Mr.; 72. Elsinore, letter dated at ; 70. Eljntoun, mill of; 215. Emperor, the. See Ferdinand II. “ Engagement,” the, papers relating to ; 117, 127. Engen, village of; 84, 85. England : assistance from for Bohemia ; 90. apprehended invasion of; 182. royalist risings in ; 120. Parliament of; 193. Erfurt; 92. diet of ; 85. letter dated at ; 74. Errol, Earl of ; 64, 163. trial of; 65. Erskine : holding of ; 3, 14. vicar of; 49-51. Sir Robert ; 3. of, witness ; 13, 207, 210. exchange by; 13, 14. Sir Thomas, witness ; 1.5, 210. Erthe, Hugo de ; 208. Esdale, five kirks of ; 136. Essex: petition from ; 122. forces in ; 124. royalist rising in ; ib. Earl of, his death a loss to the king ; 114. Ettrick forest ; 212. Excise duties ; 158. F. Fail, John Hamilton, master of ; 35. Fairfax : General Sir Thomas, about to march northward; 115. • proposes to march against Wales ; 122. ordered to march against Scot- land ; 123. at Colchester, 124. Faireley, Willelmus de, witness ; 208. Fairservice, James, in Kingour ; 222. Falkland, letters dated at; 67,68, 132. Farholme ; 26. Farnsbeck, — , leaves Holland ; 71. Farquhar, Mr. Henry, confession of ; 184. Farquharson, Donald ; 108. Fastcastle, Elizabeth Martin, Lady; 218. Faversham, Earl of ; 169, Faux, — ; 169. ‘‘ Fenn, James,” letters of ; 117, 118, 119, 120, 125. Ferdinand II., Emperor of Germau}’^ ; 91, 92, 93. Fergus lough; 185. Ferguson, Dr. ; 186. Feria, Duke of; 84, 85. Ferrybridge, letter dated at ; 96. Fettercairn, letter dated at ; 179. Fife, state of ; 164. Fife and Menteith, Robert Earl of; 14, 15, 210 , 211 . Finland ; 92. Finharde, lands of; 17. Firth of Forth, lands reclaimed from ; 10 , 11 . Fitzgilbert: David, 2, 3, 13. Walter (1201) ; 2. (1294); 2, 3. grants to ; 12, 13. wife of; 2, 3, 12, 13. (1315) ; 2. -—(1155); 2. Fitzwalter: David ; 2, 3. 10. grants to ; 13. John ; 3. Flanders : battle of ; 88. Jacobite exiles in ; 173. Fletcher, Andrew, of Saltoun; 195, 201. Fleming : family of ; 11. David, lord of Bygar ; 14. grant to ; 24. Edward, witness ; 28. George, of Kylmalcolm ; 29. James, Lord; 54. wife of ; ib. John, Lord, eufeofment by ; 29. INDEX. 239 Fleming — cont. Malcolm, lord of Cumbernald (1437), charter of ; 24. Lord (1525) ; 29, 34. Peter, witness ; 29. Robert, witness ; 24. lord of Cummernald, charter of; 28. Thomas, witness ; ib. Sir William ; 124. sails from Dieppe; 120. Folartoun, Sir Adam of, grant to ; 21. Fontarabia, French defeat at ; 100. Forbes : Sir Alexander, commission to, for levying troops ; 83. William, master of, letter of; 194. Force, marechal de la; 86. Forest and Rivaulx, church of St. Mary of; 212. Forest, Alison, garden of ; 218. Forester : Adam, of Corstorfyne, grants to ; 15, 29. Master George, parson of Dysart, witness; 221. Master James, witness ; 221. Sir John, of Corstorfyne, chamber- lain, witness ; 15, 18. Sir Walter, of Torwood, witness ; 31. Forfar; 100. sheriffdom of ; 44, 209. letter dated at ; 180. Forman, Robert, dean of Glasgow; 49. Forrous, Mr. Alexander, provost of Fow- lis, witness ; 24. Forsyth, David, of Dykes; 224. Fortesset, lands of ; 19. Forth : the river ; 101,103. Earl of ; 84. Fort William. See Inverlochy. Foster, James, vicar of Monkton and Kil- patrick ; 221. Foulhope, lands of; 215. Foulis : provost of; 24. Colonel; 129. Mr. James, of Colinton, clerk regis- trar ; 221. Sir James, of Colinton ; 160. at London ; 168. William of, provost, witness; 18. Foyle : lough ; 189. fortifications for the river of ; 185. France : military operations of, on the Rhine ; 87, 88. ships and troops of, in Ireland; 184- 187. ships of, cruising off Scotland ; 182, 183, 189. and Holland, attitude of; 118. Henry It., King of; 54. lieutenant-general of, in Scotland; 41. ambassador of ; 115,116. envoy of ; 114. France, Scots guard of; Gl, 91. • Franche, Comte ; 85. Francis, Dauphin of Vienne ; 40, 42. Frankfort ; 86, 90, 91. diet at ; 80. passes of; 76. taken ; 72. letters dated at; 72, 74, 84. Frederic HI., King of Bohemia, elector palatine ; 92, 93. Fresall, John, of Knok, -witness ; 22. Freystadt; 90. Friedland, conquered ; 90. Fill lar ton : John of Fullarton, the younger, wit- ness ; 22. Rankin, juror ; ih. W., letter of; 186. Furth, letter dated at ; 81. Fylawston, charter dated at ; 15. Fynart ; 34. “ Fyvie,” Earl of, witness ; 31. G, Gallas, General ; 89. Galloway; 160, 163. Earl of ; 200. Bishop of ; 94. David, Bishop of, witness ; 33. Thomas, Bishop of, commission to ; 48. lord of. See Douglas, Earl of. Gardiner, dominus, Willelmus, v/itness ; 51. Gareloch; 184. Garrelwood, lauds of ; 224. Gartness, lands of; 19. Garwald, rector of ; 49. Geddes, Matthew of, parson, witness ; 212 . German legion, recruiting for the; 71, 72. Gervastoune, lands of ; 18. Ghent, letter dated at ; 1 30. Gibson - — — of Drury, lord of Session ; 98. Gilbertfield, lauds of ; 212. Gilbertson, Schyr Waltre ; 2. Gilbertoun, house of, condemned ; 39. Gilchristiscleuch, lands of; 209. Gilnierto-wn, resignation of lands in ; 216. Gilmour , advocate ; 98. Glamis, Master of ; 224. Glas, Alexander, juror ; 22. John of Ascock, juror ; 21. Glasford, Sir Alan of ; 2. Glasgow; 187. brig of, salt and herrings delivered at ; 225. arms concealed at; 157. regality of; 144,221. barony of ; 221. 240 INDEX. Glasgow — cont. diocese of ; 49, 145. cathedral of; 3. church of 10, 13. Alexander, Archbishop of ; 154-156. asked to address the King ; 157. Gavin, Archbishop of; 52, 53, 221. James, Archbishop of, chancellor ; 32. appeal to ; 48. lodging of, at Edinburgh ; 215. John Paterson, Archbishop of; 170, 175, 199. proposals of ; 147. views of, on church questions ; 148, 149. Bishop of, lands held by ; 216. John, Bishop of, witness ; 16. letter of ; 168. Matthew, Bishop of, witness; 210. Robert, Bishop of ; 19. Walter, Cardinal, IBishop of ; 211. William, Bishop of; 47, 48. Archdeacon of ; 48. Dean of; 10, 20, 24, 53, 208. disputed jurisdiction of ; 49. Dean and chapter of; 51, 221. fees of the deanery of ; 37. meeting of the Council at; 163. assembly at ; 102, 103, 104. election of magistrates in ; 189. Glasgu, rector de ; 213. Glaster. documents dated at ; 25, 26, 27, 28. Gledstanys, lands of ; 18. Amer; 26. Harbert of ; 26. witness ; 27. Robert of, witness ; 27. Glencairn, regiment of ; 184. Master of, bequest of; 53. Earl of; 183. Alexander, Earl of; 38. the covenant signed by ; 43. James, Earl of ; 55. daughter of ; ib. William, Earl of, bond of; 37. Master of, dowry of his son ; 53. Glencoe, massacre of; 194. Glenelg, letters dated at ; 137. Glengarry ; 137. laird of, 101. Glenkill, bond dated at ; 35. Glensaddell, 182. Glenschanttis, Over and Nether; 225. Glenurchy, braes of, Dundee’s quarters at ; 183. Glogau ; 90. , Godolphin, Earl of, letters to ; 199. Goff, Dr.; 127. Gordon, Duke of, imprisoned ; 189, 190. Lord, his regiment offered to Sir Ro- bert Moray ; 117. Sir George, chaocellor ; 167. Lord George, marriage contract of; 54. Gordonne, Maria de ; 12. Gordons, of Lochinvar and Kenmurej 204. Gorgy, rents of ; 53. Goring, Lord, letter of ; 101. Gottenburg, letter dated at ; 84. Graham (Grahame) : of Abercorn, family of, 205. D. ofGorthy; 113. Euphemia ; 9, 16. George, a priest, witness ; 214. George, provost of Hamilton ; 10, 18, 48. Sir George, witness ; 16. Henricus de ; 219. John, lord of Torbolton, charter of 219. Sir John, vicar of Forest; 213. Patrick, Lord ; 16. Patrick; 31. Patrick, a priest, witness ; 16, 214. Sir Patrick of, witness ; 24. Robert ; 16, 214. Robert, witness ; 16. preben dary ; 1 6 . Thomas of ; ib. Walter, witness ; ib. William, the; 18. See Menteith, Earl of. Grange, lands of ; 40. Grant, Sir Ludovick ; 179. James ; 108. Gray, Dr., arrest of; 189. John, witness ; 23. Keeper of the Great Seal ; 210. Grayns, lands of ; 209. Greenock ; 1 84. Greenshiels, Luke, witness ; 218. Greenwich, letters dated at ; 95, 96. Grey, Thomas de ; 2. Grieffswalde ; 71. Griffenburg; 90. Grosen ; ib. Gryphsholm, palace of, letter dated at ; 84. Guben, seige of ; 74, 77. Gudokhills, lands of ; 17. Guichery, letter dated at ; 87. Guise, Francis Duk 160.’ Duke of; 169, 200, 201. his reception in Edinburgh ; 170. character of; 170, 171. Quhytlaw, Archibald, King’s Secretary ; 20 . R. Ragman Roll, the ; 2. Rais, William; 16. Ralston : John, rector of Douglas ; 212. the King’s Secretary ; 16. Ramsay: Sir Andrew, the younger ; 153. the elder ; ib* David ; 70. letter of; 71. Sir James, governor of Hannau ; 93. prebendary of Corstophia, wit- ness ; 216. Rankin, Sir Archibald ; 70. Ranulph, Thomas, witness ; 12. Raploch, lands of; 213, 215. Ratisbon ; 91. garrison of ; 85. Rautnitz ; 90. Ravenshurg; 86. Reay, Lord: promises to join Middleton’s rising ; 137. ambassador at Copenhagen ; 70, 71. Redpath, Sir John, chaplain, witness ; 28. Reid : Adam, of Barskimming, witness ; 215. Robert, Abbot of Kinloss ; 35. Renfrew : barony of ; 14. sheriff of ; 17. Renfrewshire, religious disorders in ; 156, 157. Ren wick, James, conventicle held by ; 165. Rengsborgh ; 91. Revoxis, Upper and Lower, lands of; 220. Rhine, military operations on the ; 87, 88. Rhinegrave, the ; 85, 86, 87, 89. Ribnitz, letter dated at ; 70. Richmond, Duke of, offers to assist the King ; 1 10. Richshouen, garrisoned ; 86. Riddall; 34. Riddell: Archibald, minister, prisoner in France; 192. John of ; 32. Rig, Mr. Hew, procurator; 218. Rigby, Colonel, raises troops for the Par- liament ; 124. Rinfalden, siege of ; 89, 90. Ripon, treaty of ; 110. Robert : the Bruce, grant of, recited ; 10, 202, 203, 206. charters of ; 12, 13. II. ; 2, 3. charters of ; 13, 14, 210, 211. III. , charters of ; 14, 24, 210, 211. Rohertoun : Jone, witness ; 46. Robertas, de Ernok, witness ; 52. Robertson : James, bailie of Linlithgow ; 218. John, of Crawford-John, clerk, peti- tion by ; 225. Rohesone, James, bailie of Linlithgow ; 218. Rochester, Earl of ; 171. Rome, court of, appeal to ; 48. Ronnald, Patrick, master baker ; 226. Rooke : Captain ; 188. at Derry ; 185. • attempts to prevent the French from landing ; ib. at Carrickfergus ; 186. letters of; 184, 185, 186, 190. Rose, Castle, taken by Parliament ; 125. Rosenkold, Petrus, letter of ; 84. Ross : Alice ; 68. George, of Hanyng, witness ; 31, 218. Gilbert, Provost ; 55. Bishop of ; 63, 97, 173. John, Bishop of ; 59. Lord, denounced as a rebel ; 68. bearer of a letter to William lU. ; 175. Earl of; 181. 256 INDEX, Rostock, retreat of the Imperialists to ; 71. Rosjth : family of; 204. laird of; 210. Rothes ; (Andrew) Earl of, Covenant signed by ; 43. (John) Earl of (1639) ; 94, 106, 107- 109. the six articles of grievances signed by ; 108. John, Duke of, chancellor ; 143, 150, 153. tries to serve Hamilton; 139, 162, 163. representations against ; 151. letters of and to ; 143, 154, 155, 159. (John) Earl of (1705) ; 200. Rothesay, retour made at ; 22. Roull : John; 216. the Younger, witness ; ih. Margaret ; ib. Roxburgh : Earl of ; 20. letter of ; 94. Rupert : Prince ; 128, 129. his duel with Lord Percy ; 122. goes with Prince Charles to Calais ; 127. continued as general ; ib. his victor}^ over the Dutch ; 144. Russell, Robert, witness ; 214. Ruthglen ; 13. Ruthven : Lieut. -General Patrick ; 92, 93, 109. agent of Gustavus Adolphus, in England ; 84. Ry lands, lauds in ; 215. Rylandshirc, lauds of; 212 s. Saddell, lands of; 45, 222. St. Andrews ; church of, bequest to ; 53. city of ; 221. official seal of ; 218. archbishopric of ; 37. diocese of; 49. James Sharp, Archbishop of; 152, 155, 164. letter of ; 158. James Beaton, Archbishop of ; 52, 53. John Hamilton, Archbishop of ; 8, 37, .54. witness ; 24. bond of service to ; 39. deed of gift by ; 49. St. Andrews — cont. John Spottiswoode, Archbishop of, opinion of ; 94. offers to resign the chancellor- ship ; 96. Walter, Bishop of, witness; 15. William, Bishop of, witness ; 207, 210. l*rior of ; 19. commendator of ; 54. St. Anthony at Leith, preceptor of ; 220. St. Catherine’s chapel, in Bertram Shotts ; 48. of Sienna, convent of ; 222. St. Clare, order of; 49. St. 'Genevieve des Bois, letter dated at ; 91. St. Germain’s ; letters dated at; 121, 130, 131. Prince Charles at; 127. St. Giles, collegiate church of ; 222. St. James’, letters dated at ; 133, 198. St. John, order of, at Torphychane ; 19. St. Johnstone, Perth, letters dated at ; 1 79, 180. St. Leonard, hospital of ; 17. St. Mary, church of, at Hamilton, bequest to ; 53. St. Mary Isle, prior of ; 35. St. Mungo, Glasgow, bequest to ; 53. St. Thomas : near Glasgow, chaplainry of ; 47. of Aquinas, altar of ; 222. Sagan; 90. Salcotts, Eastern, lands of ; 217. Salm, Count of, defeated ; 86. Saltoun : house of, condemned ; 89. laird of ; 7. James, tenement of; 218. John, land of; 214. Salvius, Dr., agent of Gustavus Adolphus ; 71, 73. Sangeshausen, an officer of Gustavus ; 72. Sandi lands : Sir James, witness ; 208. grant to, cited ; 210. the King’s daughter betrothed to ; 204, 210. Sir tTames, of Calder, and John his son ; 38. William, laird of Hillhouse ; 218. Sandyholm : lord of ; 27. grant dated at ; 26, 27. Sanquhar : letters dated at ; 154, 159, 160, 161, 162. lord of ; 212. Saverne, Governor of; 86. Saviland, Hugh, laird of the “ Orchard ” ; 10 . Saxe Weimar : Bernhardt, Duke of; 79, 82. takes Brisach ; 93. Saxony : Kurfiirst of ; 90. Elector of, treaty by ; 61, 92. defends Brandenberg; 74, 77. ordered to invade Silesia ; 73. INDES^, 257 Saxony— army of ; 87. Duke of; 90. campaign in ; 85. Lower, army of; 89. Schaumburg, Count of, ambassador to France; 90. Schausenbourg, Marshal ; 86. Schaw; Johannes, witness ; 51, Patricius, witness ; ih, Schawys, lands of ; 15. Scheues, John of. Clerk of Polls ; 16. Schlestat, defence of ; 85. Schmitt, Colonel ; 90. Schomberg, Duke of, encamped before Carrickfergus ; 186. letter of ; 191. Schwelzer, Colonel ; 86. Scone : charters dated at ; 13, 14. Parliament at ; 211. Scorriholm, lands of ; 224. Scotland ; Privy Council of; 94, 95, 96, 98, 99, 113, 144, 149, 150, 162, 163, 168, 187, 194, 195, 200. letter of, to the King; 110. — ~ — proceedings of ; ib. cancels Hamilton’s commis- sions ; 156. letter to ; 158. papers of ; 165. — — President of the ; 177. proclamation of the ; 156. Convention of the Estates of; 110, 117, 188, 193. ■ — — continued as a Parliament ; 177. petition from the ; 110. Committee of the Estates of; 127- 130. — — correspondence of, with Prince Charles ; 128, 129. — — instructions and declaration of ; 127, 128. — action of, against Eoyalists ; 112 . Parliament of; 109, 118, 176, 192. at Edinburgh ; 104, 107. proceedings of; 110, 188, 189, 190. debate in the ; 147. President of the; 188. Assembly of the Church of ; 98, 110. proclaimed ; 96. summoned ; 104. Lords of session of; 98, 188, 189. Regent of. See Arran, Earl of. Governors of; 64. Bishops of, attitude of the ; 95, 96. Admiral of; 143. Chamberlain of ; ih. Justice-general of the isles of ; 168. Secretary of State for ; 187. Commissioners of; 117, 1 1 «, 120, 161. Church of; 147, 148, 149, 153. TI 24964. Scotland — cent. petitions from the commissioners of the kirk of; 110. resistance to the service book in ; 94, 95. preparations for war in ; 95. activity of covenanters in ; 95, 96. persecution of the covenanters in; 135. Hamilton’s invasion of; 101, 102, 103. invasion of England by ; 105, 108. royalist reaction in; 114. religious dissensions in; 119, army of, in Ireland ; 120. — — in Germany ; 69 e/ seq, royalists in ; 124. Lauderdale’s government in; 151, 152. Dundee’s rising in ; 47, 178-184, 187- 190. threatened French invasion of ; 195. Exchequer of ; 226. scarcity of bullion in ; 206. Order of the Thistle of; 168, 199. privileges of the peers of ; 202. Great seal ordered for ; 176. put in commission ; 192. Union with, adjourned ; 140. martial law in ; 141. Treasury of; 141, 142. security for the succession in ; 201. opposition to the Union in ; 199 et seq. reinforcements for ; 190. army of, losses of ; (commissions for raising troops in ; 47, 83. grant for the army ; 115, 116. guards of, serving in France ; 91, — — - recruiting for the ; 91. — — arms procured from abroad ; 95, Queen of. See Mary Stuart. Scot : James, witness ; 216. Sir Walter, of Branxholrae, bond of ; 34. — - of Scottstarvet, lord of Session ; 98. Scougale, James, witness ; 18. Scrogis, John of, Commissioner of Aber- deen, witness ; 16. Seafield : Earl of, chancellor ; 200. threatened; 201. Seaforth : Lord, his negotiations with Middleton ; 137. Earl of, with James II. ; 182. — petition of his friends ; 125. — letters of; 110, 126. Seals, notices of; 17, 22, 23, 24, 25, 27, 28, 29, 30, 34, 208, 209, 212, 213, 215, 216, 222, 223, Selkirk ; William, Earl of, letters and papers of; 136-139. commissions to ; 136. his negotiations with ^lonk ; 138, 139. R 258 Selkirk — eont. placed in ward ; 139. loyally of; 134, 137, 138. pass granted to ; 139. — — created Duke of Hamilton ; 134. — submits to the Commonwealth ; marriage of ; 55, 134. death of ; 135. letters to ; 189. letter dated at ; 100. Selkirkshire, precautions against dis- turbances in; 158. Semple : Robert, master of ; 23, 53, 54. — — witness ; 24. the younger, marriage contract of; 53. Lord William, marriage contract of ; ib. Service book, troubles arising from the ; 94. Seskaney, lands in ; 38. Seton : George, Lord, witness ; 35. John; 91. Lord; 104. Katrine, Lady of Elanetown ; 27. Katherine, a nun; 223. Sharp, Sir William ; 141, 154. Sheffield, letter dated at ; 63, Shiels : lands of; 214. master; 184. of Kilbride, lands of ; 219. Shrewsbury, earl of, letter of; 193. Shotts, parish of, Conventicle at; 165, 166. Sibbald: Dr. James ; 130. Sir Robert, M.D., manuscripts of ; 199. Silesia, campaign in ; 71, 73, 76, 85, 90, 91. Simpyll, John, Lord of Elzottstoun ; 25. Sinclair, James, of Freswick, prisoner in France ; 192. SirR. ; 164. Johannes, witness ; 220. Sixtus IV.: Pope ; 10. bull of ; 48. Skellyhill, lands of ; 224. Skene of Hallyards ; 167. Skowgall, Sir Patrick, witness; 19. Skytte, Sir John, envoy to England ; 83. Slaboddom, lands of; 224. Sleat — , a lukewarm Jacobite ; 183. Small : John, witness ; 216. Ricardus, decanus, witness ; 208. Walter, witness ; 29. Smith, Thomas ; 16. Smyth: Robert, witness ; 18. Thom, witness ; 26. Sir Thomas, witness ; 16. Soiendgouia ; 89. Solmes, count de, in Ireland ; 189, Somerset House, letter dated at ; 64. Somerville (Somervell) : William, Lord ; 16. Hew, Lord ; 34,216. J., of Spittell, Sheriff deputy of Lanark ; 166. John, Lord, forfeiture of; 216. John, of Cambusnethan ; ib. — — lord of Colbinton ; 33. Thomas, lord, of Carnwath; 24. Willelmus, dominus, de, witness ; 24, 213. Southesk : James, Earl of ; 59. Earl of; 100, 104. Spence, William ; 165. Spens : Donald, witness ; 22. James, King’s agent with Hamilton’s army ; 69, 73, 74. ; John, of Camys, juror ; 21. ; Peter, witness ; 22. i Sir William, case of ; 83. i Sper, John, witness ; 26. I Spey, the river ; 179. Spittel, Sir John, witness ; 23. Spittell, letter dated at ; 166. Stada, military operations at ; 73. Stade, letter dated at ; 82. Stairs : Earl of ; 200. J ames, V iscount ; 196. See Dalrymple, John and James. Stane ; 35. Staneflat, Kirkland of ; 20. Stanehouse, barony of ; 21,215. Stan wick, retreat from ; 126. Stenston, William, of Stenston, witness ; 18. Stereschaw; 19. Stettin ; 93. letters dated at; 70, 71. Stewart, Colonel ; 65. Steward: James, of Scotland (1294); 2, 3. Robert, of Scotland, witness ; 13, Walter, of Scotland ; 12, 13. Stewart : Adam, deputy bailie ; 22. Alan, lord of Darnley, charter of; 24, 212 . of Craghall ; 34. Alexander, ofKildonan, witness; 22. release by ; 23. of Rase, witness ; 25. of Galstoun, witness; 27. of Castlemilk, witness; 215. Andrew, lord of Ochiltree ; 224. Archibald; 35. Harry ; 224. James ; 35. enfeofment by ; 23. sheriff of Bute ; 11, 22, 23. James, sheriff of Bute, unable to write ; 24. INDEX, .259 Btewart-“Co;