%. 3 ■^r \S Digitized by the Internet Archive in 2018 with funding from Princeton Theological Seminary Library Sq https://archive.org/details/spottiswoodemisc02maid tiie SPOTTISWOODE MISCELLANY : A COLLECTION OF ORIGINAL PAPERS AND TRACTS, ILLUSTRATIVE CHIEFLY OF THE CIVIL AND ECCLESIASTICAL HISTORY SCOTLAND. VOLUME II. EDINBURGH: PRINTED FOR THE SPOTTISWOODE SOCIETY. M.DCCC.XLV. ALEX. LAURIE AND CO. PRINTERS TO HER MAJESTY THE SPOTTISWOODE MISCELLANY: A COLLECTION OF ORIGINAL PAPERS AND TRACTS, ILLUSTRATIVE CHIEFLY OF THE CIVIL AND ECCLESIASTICAL HISTORY SCOTLAND. EDITED BY JAMES MAIDMENT, ESQ. ADVOCATE. VOLUME II. EDINBURGH: PRINTED FOR THE SPOTTISWOODE SOCIETY. M.DCCC.XLV. ALEX. LAURIE AND CO. PRINTERS TO HER MAJESTY. PREFACE. N preparing for the press the Second Volume of the Spottiswoode Miscellany, it has been the endeavour of the Editor to select such 1 apers as, independently of intrinsic worth or curiosity, might be acceptable to the general reader. As introductory remarks have been prefixed to most of the Articles comprehended in the volume, recapitulation is unnecessary. But the Editor may here take the oppor¬ tunity of mentioning, that the “ Account of the Suffer¬ ings of the Episcopal Clergy” is only one amongst a gieat mass of papers shewing the depressed state of the Church before and after the Union. Government, so long as the arrangements for the junction of the two kingdoms were in progress, did not choose to embroil itself with the Presbyterian ministers, and much was overlooked for the sake of ‘ expediency1 that would have not otherwise passed un¬ noticed. When the Union was effected the case was altered, and the oppressive proceedings adopted at the instigation of the Presbytery— though nominally by the Magistrates of Edinburgh— against the Rev. James Green- shields, an Episcopal clergyman regularly ordained by James Ramsay, Bishop of Ross, in 1694, although sanctioned by the Court of Session, were quashed by the blouse of Peers to the infinite dismay of the persecutors. That the Government took every method of conciliating 1° Presbyterian party, and getting it to lend its aid to the Union, 1 is undoubted. The following extract from a letter by Wodrow to his father, the Reverend “Mr James Wodrow, Professor of Divinity in the Colledge of Ufasgow —contains curious evidence on the subject This comes only to tell you that we came all safe here blessed be God, on Wensday night late ; my lady is verv much indisposed, but nothing the worse of her journey On M onsday, the Parliament ended the first reading of the 1 Ediu. Nov. 11, 1706". Wodrow Letters, MS. vol iv. IV PREFACE. Articles, the nixt sederunt, which I suppose is to-morrow ; they are to consider the security of the Church. The Court offers all things the Commission seek , 'provided they goe into an incorporating union. The Commission is to sitt this day, and to consider the Abjuration Oath, and the con¬ sistency of the going into the Union with the Covenants ; we need very much concern for our conduct. Yesterday was kept in this Presbytery as a fast. I heard Mr Car- stairs lecture before the Commissioner upon the 85th Psalm, and preach on Psalm v. 1, 2, 3, and Mr Meldrum in the afternoon in his own church upon Esai. lviii. 9. Mr Carstairs had a preface to this purpose, that many were gathered together to spy out ministers management on a fast-day about the Union ; but the reverend Commissioun had set it apart not to party themselves with any of the differing partys in Parliament — that was none of their concern, far lesse to create or indulge unacountable jealousies in some people’s minds about this matter. Mr Meldrum preached against the rabble.” Thus the great Carstairs — called by his opponents the Cardinal , and who indubitably was the leader of the Presby¬ terian Establishment — was induced to lend his aid to the incorporating union with England. Would he have done so if he had divined that in a few years afterwards the British House of Lords would endeavour to remove the yoke from off the neck of the Scotish Episcopal Church \ The “ Extracts from the Kirk-Session Register of Perth” were contributed by the Rev. John Parker Lawson, M.A. Editor of the Society’s edition of Bishop Keith’s “ History of the Affairs of Church and State in Scotland,” who also furnished the prefatory remarks, notes, and concluding illustrative observations.1 For revising historical details subjoined to the Article, the Society is indebted to William Ross, Esq. Writer, Perth, whose antiquarian knowledge of the “ Fair City” rendered his assistance peculiarly valuable. JAMES MAIDMENT. Edinburgh, November 1845. 1 In one of these the word “ Revolution” was by a slip of the pen written for “ Restoration.” — See p. 318, line 1. CONTENTS. PAGE Processus Factus contra Templarios in Scotia, 1309, - - Mg Charter by Mary Queen op Scots, with consent of the Three Estates, in favour of James Sandilands, Lord St John, of the Possessions of the Templars and Hospitallers, 24th January 1563, - - . . . - 17 32 From the Original Charter in the possession of John Black Grade, Esq. Letter from Sir Robert Anstruther to Lord Chancellor Hay, P.ELATIVE TO THE RANSOM OF ANGUS MoRRAYE, DETAINED AS A Slave in Barbary, - Trial of Isobel Young for Witchcraft, February 4, 1629, Trial of Agnes Finnie for Witchcraft, Dec. 18, 1664, Notes of Cases of Witchcraft, Sorcery, &c. 1629-1662, From the Books of Adjournal. Diurnal of Occurrences, chiefly in Scotland, commencing 21st August 1652, and ending April 13, 1654, - - 173-208 - 33-38 39-50 51-56 57-72 The Kincardine Papers, 1649-1679, - - - - 209 I. — Letter, the Princess Louisa Hollandiua to her Mother, Klizabeth Queen of Bohemia, ... 213 II. — Mary Princess of Orange to Monsieur de Sommer- dyke— Whitehall, 12th Oct. 1669, - - 214 VI CONTENTS. PAGE III. — Elizabeth Queen of Bohemia to Alexander Bruce, afterwards Earl of Kincardine, - - 216 IV. — James Duke of York, afterwards Janies II., to Alexander second Earl of Kincardine — St James’, August 18, 1676, .... 216 Y. — The Same to the Same — London, Nov. 25, 1677, 217 VI. — The Same to the Same — Hague, May 1, 1679, - 217 VII. — The Same to the Same — Brussells, June 16, 1679, 218 VIIT. — The Same to the Same — Brussells, August 11, 1679, ... . - 219 IX. — Alexander second Earl of Kincardine to Charles Lord Bruce — Pell-Mall, July 12, 1678, - - 219 X. — The Same to the Same — Pell-Mell, July 18, 1678, 220 XI. — The Same to the Same — Pell-Mell, Nov. 15, - 222 Extracts from the Kirk-Session Register of Perth, 1577-1634, 225-311 Illustrative matter relative to Perth. I. — Ministers of Perth, II. — Ancient Festivals observed in Perth, III. — St John’s Church, IV. — The Hospital, - V. — The Cross, ... VI. — Inundations of the Tay at Perth, VII. — Perth Bridge, VIII. — The Gowry Conspiracy, 311 313 314 317 318 318 318 320 Warrant by Charles II. in favour of Don Rostaino Cantelmi, Duke of Popoli and Prince of Petterano, to enable him to PROVE HIS DESCENT FROM THE ANCIENT KlNGS AND QUEENS OF Scotland, 25th August 1681, .... 321-326 Ceremonial of the Funeral of Field-Marshall Robert Douglas, Stockholm, June 1662, .... 327-332 An Account of the Lewis and some of the other Western Isles, 333-358 From the Collections of Macfarlane of that Ilk. CONTENTS. Vll PAGE Papers relative to the Submission of Angus Macdonald of Isla to ms Majesty James VI., 1596, - . _ 359-370 From the Balcarras Papers, in the Library of the Faculty of Advocates. I . Lord Blantyre to Lord Secretary Lindsay, relative to the Proceedings in the Isles, 2d October 1596, H- &ii Janies Macdonald of Dunluce to his Majesty James VI. claiming right to Angus McDonald’s Estates, 26th October 1596, . III.— Conditions of Angus Maconeil’s ( McDonald's) Sub¬ mission to the King-, - 371 372 374 Letter from John Coke, Esq. of IIolkham, to the Lords of the Scotish Privy Council, 29tii June 1626, - - 377-380 From the Original in the Advocates’ Library, Edinburgh. List of the Scotish Officers under Gustavus Adolphus, King of Sweden, ------ 381-384 Short Account of the Grievances of the Episcopal Clergy in Scotland, 385-400 Memoirs of John Duke of Melfort, being an Account of the Secret Intrigues of the Chevalier de St George, - 401-424 Account of the Battle of Sherriffmuir in a letter from a Gentleman of Stirling to a Friend in Edinburgh, 15th November 1715, - 425-430 A True Account of the Proceedings at Perth, 1716, By the Master of Sinclair, - 431-472 Memorial relative to the Prisoners engaged in the Rebellion 1715, 473-480 From an original MS. in the Library of the Faculty of Advocates. Relics of the Rebellion 1745-6, - I— Anonymous Letter to the Captain of Clanranald, 487 II.— Letter from Prince Charles Stuart to his Father, September 21, 1745, .... 4§§ HI-— A Short Account of the Behaviour of the Rebel Army at Hamilton, in a Letter from a Friend, 6th February 1746, - 492 Vlll CONTENTS. PAGE 1 Y. — Lord George Murray’s Account of the Defeat of the Prince’s Army at Culloden, 16th April 1746, - 497 V. — Letter, John Campbell, Esq. to Lieutenant Colin Campbell of Ivilberry, 14th July 1746, - - 508 VI. — Three Letters from James Wolfe, Esq. to Charles Hamilton, Esq. Captain of Cobliam’s Dragoons, at Forfar, - - - - - - 511 VII. — Anonymous Letter addressed to Lord President Forbes, . 515 Instances of Popular Credulity at the commencement of the Eighteenth Century, - 519 I. — Ireland’s Wonder from the Skies, or a Warning given to all Papists, - - - - - 521 II. — Account of a Wonderful Child born at Verona, in a Letter from Italy to the Duke of Bavaria, June 2, 1700, 522 III. — A Letter from a Gentleman in Paris to his Friend at the Hague concerning the Governess of Chatendun, who brought forth Seven Children at one birth, - 523 IV. — A Strange and Wonderful Relation of the Sweeming of Stones, and of a bloody Battle of Three Kings in Ireland, ------ 524 V. — A Particular Relation of the Burning of Lisburn (a town in Ireland), in a most Dreadful and Extraordinary Manner, by Fire from Heaven, attested by Good Vouchers lately come from Ireland, - - 527 PROCESSUS FACTUS CONTRA TEMPLARIOS IN SCOTIA, 1309. VOL. II. 1 Tiiat the Knights Templars had, at an early period of our history, large possessions in Scotland, is undoubted. But the records and chronicles are singularly barren in throwing light on the rise, progress, and fall of this once powerful Order in this country ; and although their estates appear, in point of fact, to have been partially, if not entirely, gifted to the Knights of St John of Jerusalem, not the smallest trace has been obtained as to the exact extent or precise period of the transfer. This is the more remarkable, as in the charters in favour of the last named Older, by which its territory was encreased, and its privileges extended, not one word is said until a comparatively recent date, about the “ Terrse Templarise.” The proceedings against the Templars adopted in Scotland in 1309, have, however, been preserved, owing to the circumstance of the kingdom being then under the domination of Edward, and as the Templars were prosecuted, or rather persecuted, at the same time throughout England, li eland, and Scotland, the record of the entire process was transferred to the capital, and preserved amongst the English national muniments. It has on this account been inserted in Wilkin’s Concilia, a work of great price and value, from which it has been transferred to the present volume. A perusal of this document leads to a conviction that the charges brought against the Templars, at least so far as regards this country, were un- tounded, and that the persecution of the Pope arose from jealousy or cupidity — probably both. The secrecy preserved at the meetings of the Chapters must have created distrust, and the haughty contempt with which the Templars treated the whole body of Priests, could not fail to make a deep and unfavourable impression on the Papal Court. Then their wealth was enormous, and it is not uncharitable to suppose that these facts had their due weight, when Pope Clement Y. and his friend King Philip the Fair, resolved upon the destruction of the Order. David I. is represented as a great patron of the Templars, and as “ re- tinens eos diebus et noctibus, morum suorum fecit esse Custodes.” His Majesty’s morals must have been in a very unhealthy state under such guardianship, if the stories to the prejudice of the Knights are to be 4 credited. From this Monarch they are said, by Father Hay, to have obtained Torphichen, and from Fergus Lord of Galloway, Galwythe, now termed Galtua.1 This assertion as to Torphichen is supported by the charter granted by King James IV., “ Hospitali de Jerusalem nunc Torfiching nuncupat,” confirming previous charters by Malcolm and Alexander III. In none of these early charters is there any allusion to Torphichen. The earliest in date by Malcolm VI. confirms — “ Deo et Sancto Hospitali de Jerusalem unum plenarium toftum in quolibet meo burgo totius mem terrae” — and the three charters by Alexander III. bear no reference to Torphichen. It appears, however, from the following charter2 to Adam Pakok — per¬ haps the oldest one in existence, granted by the head of the Hospitallers in Scotland — that as early as the reign of David II., the title of Thor- pheyn or Torphichen had been assumed by William More, then “ Cus- tos Hospitalis de Jerusalem.” It is in the following terms : — ■ “ Omnibus Christi fidelibus hoc presens Scriptum visuris vel audituris, Willelmus More, Gustos hospitalis Sancti Johannis de Thorpheyn, et frater Robert us de Culter procurator eiusdem hospitalis, Salutem, Nou- erit vniuersitas vestra, nos, communi consilio et assensu fratrum nos- trorum, concessisse et hac presenti carta nostra confirmasse, Ade pakok, et lieredibus suisj dimidietatem totius terre nostre de Cowanston, cum omnibus suis pertinentiis, juribus, commoditatibus et aysiamentis, dicte terre spectantibus, seu quoquomodo spectare valentibus in futurum : quamquidem terrain, cum pertinentiis, Henricus Serjiant dominus eius¬ dem nobis nuper sursum reddidit per fustum et baculum : Tenendam et habendam dictam dimidietatem totius terre predicte, cum omnibus suis pertinentiis, vt supradictum est, predicto Ade et heredibus suis, libere, quiet e, integre, bene et in pace, de nobis et successoribus nostris, hereditarie, imperpetuum : Reddendo inde annuatim nobis, et Domui nostre de Tliorplieyn, duos solidos in festo beati Johannis Baptiste pro omni seculari seruitio, exactione seu demanda, Salua nobis secta curie nostre. Ita tamen quod in obitu dicti Ade et cuiuslibet heredum suo- rum decedencium, seu de dicta terra recedencium, nomine tertie partis bonorum suorum, dimidia marca, domui nostre de Thorpheyn de pre¬ dicta terra quiete persolvatur. In cujus rei testimonium Sigilla nostra presentibus apposuimus. Iliis testibus Dominis Mauricio de Morauia tunc Vicecomite de Clidisdale, Thoma Sumiruile Domino de Carn wythe militibus, Johanne Chancelar, Roberto de le More Tlioma Were, Wil- lelmo de Brunton, Alano de Ledelle et multis aliis.” This interesting document has no date, but from Maurice de Moravia be¬ ing mentioned as a witness, it is obvious that it was granted sometime during the reign of David II., for in a charter by that Monarch, con¬ firming a gift by Sir Robert de Iveth, Marisclial of Scotland, to his nephew John Mautalant or Maitland of the Barony of Cowannystoun (now Covington) in Lanarkshire, dated at Lanark on the 5th of Novem¬ ber, in the thirteenth year of his Majesty’s reign (1342), Maurice de Moravia is a witness, along with Robert the Stewart of Scotland, Patrick of Dunbar Earl of March, William Earl of Ross, Thomas of 1 Account of the Templars, p. 4. 2 In possession of Sir Norman Macdonald Lockhart, Bart, of Carnwath. 5 Carnock, Chancellor, Sir Malcolm Fleming, and Sir William Douglas, launce is designated as Comwrujuimus Noster in this charter. «VfS^ei 01 Chartulary °f Dunfermline, there is a document en- itied Mandatum citationis pro Domo de Torpheyn.” From this it appears that Alexander de Setton or Seton was then « Magister Domus cle lorpheyn in Scotia,” and that Sir William More, Knight, son 1 ^em interrogatus, utrum eadem observantia ipsius ordi¬ nis, eadem fratris receptio, et eadem professio sit per uni- versum orbem, dixit, quod sic, ut credit, et ut dici audivit ab aliis fratribus ipsius ordinis ; tamen non est certus nisi de hoc quod vidit in Anglia in receptione sua et in recep- Eone fratrum suorum ipsius ordinis, quorum receptioni interfuit ; sed eorum nomina haud meminit. Item interro¬ gatus, num ex quo luit in ordine, vidit aliquem visitatorem 10 PROCESSUS FACTUS CONTRA ,sui ordinis de Francia venire, ct visitare in Anglia ; dixit, quod sic, scilicet fratrem Hugonem Perraut, sed non vidit eum tenere capitulum, sed credit, et dici audivit, quod capi- tulum ibidem tenuerit, et etiam visitaverit. Item requisi¬ tes, ubi moram traxit, postquam fuit in ordine ; respondit, quod per tres annos stetit in Scotia apud Blancrodoks -,1 et per tres annos in Anglia apud Newsom ;2 et London, per unum annum ; et per tres annos apud Reckelay3 et Hase- lakeby.4 Item interrogates, utrum propter scandalum exortum contra ordinem Templi fuerunt aliqui fratres ob timorem hujusmodi, derelicto habitu, fugitivi ; dixit, quod sic. Frater Thomas Tocci, et frater Johannes de Huseflete, qui fuit Prseceptor ante eum apud Blancrodoks in Scotia per bien¬ nium, et erant dicti duo fratres ex Anglia oriundi. Item interrogatus diligenter, singulariter et singillatim super omnibus et singulis articulis in bulla domini Papae inclusis ; respondit ad quendibet articulum simpliciter negative ; hoc excepto, quod dixit quod Magnus Magister ipsius ordinis et alii Magistri, Prseceptores, et visitatores, inferiores clerici 1 Balintrodo, now Arniston, in Mid -Lothian, on the Esk. 2 Temple Newsom, about four miles and a half to the eastward of Leeds, and not far from the north hank of the Aire. This Preceptory was, on the suppression of the Templars in England, granted to Sir John D’Arcy, in whose family it remained until 1544, when it reverted to the Crown through the attainder of Thomas Lord D’Arcy, who was beheaded by llenry VIII. on account of the insurrection called the “ Pilgrimage of Grace.” Ilis guilt, however, is doubtful ; but suspicion was quite enough in those days. It was gifted to Mathew Earl of Lennox, and descended to his grandson James VI., who presented it to his kinsman the Duke of Lennox. His Grace sold it to the son of a wealthy London trader of the name of Ingram, whose grandson was created Viscount Irvine in Scotland, 23d May 1661. This title is now extinct, but the re¬ presentation in the female line of the Ingrams is in the Marquesses of Hertford, who hold the estate. 3 Rekelay may indicate either Temple Rockley in Wiltshire, or Temple Rothely in Leicestershire — probably the former, which is described by Britton in his Beauties of Wiltshire, as “ a small Preceptory of the Knights Templars, founded in the reign of Henry the Second. On the sup¬ pression of the Order, this property was given to the Knights Hospital¬ lers, and after the Reformation, it was granted to Sir Edward Baynton and his wife Isabel.” Rockley Park is a modern mansion, which formerly belonged to General St John, and was afterwards acquired by Sir John Smyth, Bart, of Ashton Park, near Bristol. 4 Aslakeby was a small Preceptory in Lincolnshire. TEMPLARIOS IN SCOTIA. 11 vel laici possunt absolvere fratres sibi subditos a quibus- cunque peccatis, excepto homicidio, et violenta manuuni injectione in sacerdotem ; et dixit quod hanc potestatem habebat dictus Magnus Magister ex gratia domini Papae, et ipsam receperat ab antiquo. Item dicit, quod ipse vidit in duobus capitulis celebratis apud Dineslee in Anglia, quod Magister prsefatus absolvebat generaliter omnes fratres in recessu suo, auctoritate, quam habebat, signando eos signo crucis cum manu. Item dixit, quod propter clandestinam fratrum ipsiusordinis professionem, et receptionem, vehemens suspicio habetur, et diu habebatur. Item dixit, quod in receptione sua prsedicta cum jurare fecerunt, quod de ipso ordine nunquam recederet, et sic credit quod faciunt omnes alii. Item dixit, quod non utuntur in ordine suo anno pro¬ bation^, imrno statim habetur receptus pro professo. Item interrogatus, quis est major Praeceptor sui ordinis in regno Scotiae ; dixit, quod ipse est, habens ibidem custodiam totius ordinis sui, nec sunt ibi fratres, nisi solum ipse, et socius suus subscriptus. Secundus Testis. Item, Willielmus de Middleton, de¬ ferens habitum ordinis Militise Templi, juxta Novum Cas- trum in Anglia, ut asserit, oriundus ; juratus, tactis sacro- sanctis evangeliis, et interrogatus ubi fuit ad dictum ordinem receptus ; respondit, quod apud Newsom prope Eboracum die sanctae Susannae virginis in autumno proxime praeterito septem ab hinc annis elapsis. Item requisitus, quis eum recepit ad dictum ordinem, dixit, quod frater Brianus le Jay, tunc Magister ordinis sui in Anglia, praosentibus fratre Thoma de Tholouse, nunc superstite et habitum deferente, fratre J ohanne de Husflete, fratre Thoma Tocci, et fratre Johanne de Caraton, qui, habitu rejecto, statim fugerunt, quum audiverunt captionem confratrum suorum, ultra mare, prout dici audivit, et pluribus aliis, nunc rebus humanis exemptis. Item requisitus, in quibus domibus sui ordinis traxit moram a tempore receptionis suae praedictae; respondit, quod in Anglia per diversa loca per quinquennium. Item in Scotia apud Culthur,1 et apud Blancrodoks per biennium ; et in Northumbria per vices per trionmum, per diversa loca. Item requisitus, utrum viderit aliquem recipi ad habitum 1 Maryculter in Kincardineshire. 12 PROCESSUS FACTUS CONTRA ordinis in regno Scotise, dixit, quod non. Item interrogatus de statutis et observantiis sui ordinis in Scotia ; dixit, quod easdem recipiunt a Magistro Anglise et Magister Anglise a Magistro Francise, et Magister Francise a Magistro Cypriae, ut audivit dici ; et propter hoc credit quod idem modus recipiendi et profitendi fratres sui ordinis sit per universum orbem. Item, utrum magnus Magister totius ordinis sui consuevit visitare vel facere visitari in Anglia religionem suam, et personas ipsius religionis ; dixit, quod sic, quia vidit fratrem Hugonem Perraut, qui venerat de Francia ad visitandam Angliam bis in tempore suo ; et una vice locu- tus fuit secum in Anglia, et alia vice non vidit eum, quia tunc fuit in Scotia ; sed audivit dici, quod visitaverit ordinem suum in Anglia. Item dixit, quod superior Magister Anglise consueverit ire ad capitulum in Francia de quin- quennio in quinquennium, prout, ut dicit, semper audivit a fratribus. Et quumdictus frater Hugo Perraut secunda vice prsedicta visitavit Angliam, frater Willielmus de la More, tunc Superior Magister Anglise iverat ad magnum Magis- trum ultra mare, tanquam ad Superiorem totius ordinis sui, tunc in ejus absentia dictus frater Hugo quosdam prsecep- tores Anglise amovit, et alios in eorum loco subrogavit. Item interrogatus diligenter, et singillatim examinatus super omnibus qusestionibus prsedicto Waltero socio suo superius factis, et super singulis articulis in bullis Domini Papse contentis sibi singillatim expressis ; respondit idem in omnibus, quod dictus frater Walterus ; hoc adjecto, quod inhibitum fuit, sibi in receptione sua per dictum Magistrum, qui eum recepit ad ordinem, quod non reciperet servitium aliquod a mulieribus, nec etiam aquam ad abluendum rnanus. Et dixit quod videt et audivit Magnum Magistrum ordinis sui Anglise laicum absolventem fratres sui ordinis per hsec verba : “ Auctoritate Dei, et beati Petri, et Domini Papse, nobis commissa, absolvimus vos a quocunque peccato com- mittebat super hoc vices suas fratri sacerdoti ejusdem ordinis ; tamen dicit quod credit, quod casus domini Papse intelliguntur excepti. TESTES IN FRjESENTI NEGOTIO CITATI ET EXAMINATI SEQUUNTUR. Primus Testis. Dominus Hugo, Abbas do Dunfermelyn, TEMPLARIOS in SCOTIA. 13 testis juratus, et interrogatus super statu et conversatione fratrum prmdictorum superius examinatorum, et aliorum fratrum sui ordinis, et super omnibus articulis in bulla Domini Papse contents ; dixit, quod nunquam scivit pro certo, dici tamen audivit ipsos talia sinistra perpetrare ; suspicionem tamen sinistram habet contra eos, et semper ability de clandestina fratrum suorum receptione, et eorum profession^, et nocturna capitulorum suorum celebratione. Item dixit, quod credit easdem observantias, et eadem statuta esse ubique in toto ordine illo ; et hoc credit, quia visitator Francise solebat visitare ordinem eorum in Anglia et visitator Anglise ordinem eorum in Scotia ; et undique consueverunt congregari fratres ipsius ordinis ad suum capitulum generate et per consequens videntur secreta sui ordmis commumcan. Dixit etiam, quod nunquam audivit dici aliquem fratrem dicti ordinis recipi in Scotia, propter quod non poterant secreta sua illuc sciri. Secundus Testis et alii Testes. Dominus Elias, Abbas Sanctae Crucis de Edeneburgh ;i Dominus Gervasius, Abbas de Newbotyl Magister Robetrus^ de Kydlawe, et frater . atneius> Prior fratrum Prsedicatorum de Edeneburgh jurati et exammati, in omnibus fere concordant cum Hugone* Abbate de Dunfermelyn. Sextus Testis. Frater Andreas de Douraid, Gardianus fratrum Minorum de Hadyngton, juratus et interrogatus super prsemissis, dixit idem, quod dominus Abbas de Dun¬ fermelyn prmdictus ; hoc addito quod dixit se non scivisse fratres dicti ordmis mihtise Templi confiteri fratribus mino- ribus, vel prsedicatoribus, vel aliis secularibus presbvteris &eptimus Testis. Frater Adam de Kenton, etc. con- cordat in omnibus cum Andrea de Douraid l™™- ,Frater Adam de Wedale, monachus Abbatise de Newbotyl, juratus et interrogatus super prm- nussis, dixit idem quod dominus Abbas do Dunfermelyn A A In A11,0! Llbf Cartarum Sanctae Crucis, p. xxv, it is supposed tliat Kiio'nn^rl0 °/ Holy Rood, is the individual who obtained, 8th August , an order for restitution of certain corns and cattle taken from the lands of Carse for the supply of Edinburgh and Stirling ; but this seems to be a mistake, for Elias is proved to be Abbot in 1309, by appearing as a witness against the Templars. This error is not su, prising, af accuracy in dates at this remote period is almost impossible J 2 Robertus ? 14 PROCESSUS FACTUS CONTRA prsedictus ; hoc addito, quod de injusto conquestu sunt Templarii multipliciter diffamati ; nam indifferenter sibi appropriari cupiunt, perfas vel nefas, bona et prsedia suorum vicinorum, et quod hospitalitatem non tenent, nisi divitibus et potentibus, timoris causa ne eleemosynas largiantur. Nonus et tres alii testes. — Item fratres Johannes de Byres, ejusdem Abbatise monaclms, Johannes de M unphut, canonicus Sanctse Orucis de Edeneburgh, Gilbertus de Had- yngton, canonicus Sanctse Orucis, et Adam de Winis, monaclms de Dunfermelyn, jurati, etc. dixerunt idem, quod frater Adam de W edall prsedictus. Decimus tertius testis. — Item Magister Johannes de Lyndeseye, rector ecclesise de Rachon, juratus, etc. dixit idem, quod abbas de Dunfermelyn prsedictus. Decimus quartus testis. — Item dominus Robertus capellanus de Lyston,1 vicinus Templariorum Scotise, jura¬ tus super prsemissis, dixit idem, quod Abbas de Dunfermelyn prsedictus ; hoc addito, quod dixit, quod conscientia sibi dictat quod Templarii Scotise, et alii ejusdem ordinis non sunt penitus immunes a criminibus, per suosmajoresin curia confessis ; et hoc propter identitatem statutorum et obser- vantiarum suarum, et mutuam visitationem. Item dixit, quod nunquam audivit pro certo, nec vidit ubi aliquis frater Templi fuisset sepultus, vel quod naturali morte mortuus sit. Item dixit, quod quantumcunque possunt, semper fuerunt contra ecclesiam, et super hoc laborat publica vox et fama. Decimus Quintus ad 25 Testes. — Item domini Henri- cus de Leth, rector ecclesise de Restalrik, Walterus, rector ecclesise de Malavilla, Alanus, rector ecclesise de Stryvelyn, Nicolaus, vicarius de Laswakl, Willielmus, capellanus de Stenton, Johannes, capellanus Hospitalis Sancti Leonardi prope Edeneburgh, Alanus de Tliervngton, Johannes de Lyberton, Richardus de Anandia, Johannes de Clerkynton, et Walterus de Halbourn, capellani ; vicini, et servitores Templariorum Scotise, et domus suae de Blancrodoks, jurati, etc. dixerunt idem, quod Abbas de Dunfermelyn prsedictus. Vicesimus Sextus ad 84 Testes. — Item dominus Hen- ricus de Sancto Claro, Fergusius Marescallus, Willielmus 1 Temple Liston in the County of Edinburgh. TEMPLARIOS IN SCOTIA. 15 de Ramesaye, Hugo de Rydale, Willielmus Byseti, Alanus de Waldingford, Rogerus de Sutton, Willielmus de Disse- ford, et Willielmus prsepositus, jurati et exarninati, cum aliis supra concordant. Tricesimus Quintus ad 40 Testes.— Item Willielmus de Preston, et Johannes de Wyggemer, senior, Willielmus de Sancto Claro, Adam Halybourtoun, Michael Clenk, et Matthseus Gonstabularius, donncelli, jurati, et diligenter exarninati super prsemissis ; dixerunt, quod contra personas dictorum dominorum fratrum nihil sciunt dicere, nec de receptione fratrum dicti ordinis aut professione, quia nun- quam viderunt aliquem in Scotia, vel alibi, in fratrem recipi, vel etiam profiteri, quia semper illud clandestine faciebant ; propter quod tarn ipsi, quam progenitores sui contra praefa- tum ordinem, et fratres ejusdem ordinis malam praesump- tionem habuerunt ; et maxime cum viderint certos religiosos publice recipi, ac etiam profiteri, et in suis receptionibus et professionibus amicos, parentes, et vicinos vocare et magnas solemnitates et convivia celebrari. Item dicunt, quod firmiter credunt, quod eadem fratrum receptio et professio, eadem statuta et observantiae sint in suo ordine per univer- sum orbem, et quod per majores suos ubique terrarum visi- tantur ; et quod fratres sui ad sua capitula undique trans- mittuntur ; propter quod credunt, quod sua secreta omnes communicant ; et per consequens eisdem videntur criminibus esse irretiti. Item dixerunt, quod pauperes ad hospitalita- tem libenter non recipiebant, sed timoris causa divites, et potentes solos; et quod multum erant cupidi aliena bona per fas vel per nefas pro suo ordine adquirere. Item dixe¬ runt, quod progenitores sui asserebant, quod, si Templarii fuissent fideles Christiani, Terrain Sanctam nullatenus ami- sissent. Quadr agesimus Primis Testis.— J ohannes Thyng, qui fuit servus T emplariorum per 17.annos in Scotia, juratus, etc. dixit idem, quod domicelli superius immediate exarninati ; hoc addito, quod dixit se vidisse plures fratres Templariorum laicos indifferenterabsolvere omnes excommunicatos, dicentes se habere super hoc a domino summo Pontifice potestatem ; dixit etiam, quod quandoque de die, quandoque de nocte tenuerunt capitula sua adeo occulte, quod nemini patebat accessus ad eos. Cum isto teste concordant in omnibus JG PROCESSUS FACTUS CONTRA vicini sui, terrasque Templariorum excollentes, quorum nomina inferius subscribuntur : videlicet, Adam Faber, Alanus Pay, Michael Fyder, Thomas Stagger, Thomas Tenaunt, Johannes Sergaunt, Adam Lay, et Johannes Gruub. Haec inquisitio solennius fieri nequivit propter hostium incursus, et guerrse continuam expectationem. Et ad evidentias prsemissorum testimonium reverendus in Christo pater dominus Willielmus, providentia divina Sancti Andrese Episcopus, et Magister Johannes de Solerio prse- dicti, sigilla sua prsesenti inquisitioni appenderunt, et eisdem sigillis post subscriptionem mearn eandem inquisitionem clauserunt. In quorum etiam firmius testimonium, Ego Willielmus de Spottiswood, auctoritate imperiali notarius, qui prsedictse inquisitioni interfui, die, anno, et loco prsedictis, testibusque praesentibus supradictis : signum meum solitum eidem apposui requisitus, et propria manu scripsi rogatus. CHARTER BY MARY QUEEN OF SCOTS, WITH CONSENT OF THE THREE ESTATES, IN FAVOUR OF JAMES SANDILANDIS, LORD ST JOHN, OF the possessions op the templars and hospitallers. 24th February 1563. VOL. II. 2 In the reign of James III. the high office of Preceptor of Torphichen was held by Sir Henry Levynstone, a second son of William Levynstone1 °f Wester Kilsyth, by Elizabeth daughter and one of the coheirs of William de Caldcoat. The elder brother Edward was the ancestor of the Viscount of Kilsyth and Barons of Campsie. Upon the 25th Feb¬ ruary 1460, Sir Henry appointed Sir John Ross of the Hawkhead, Knight, and John ot Modyrvell, chaplain, his procurators in all things pertaining to the lands and inhabitants of the Ryvra lying within the Barony of Renfrew, « quhilk is a tenandry and toft of ours and Sanct John.” 2 Sir Henry Livingstone was the immediate predecessor of Sir William Knollis, who, upon Sir Henry’s demise in 1463, became Preceptor of Torphichen. He was a man of great talent, and held the important office of Lord High Treasurer to James IV., whose fate he shared at the fatal battle of Flodden. He was the first Lord St John, and one of the Plenipotentiaries appointed to negotiate a marriage between his Monarch and Margaret eldest daughter of Henry VII. In the Parliament 148S, it appears that the claim of Sir William Knollis, Preceptor of Torphichen, and his brethren, “ touching fee and forfal- tour, custume, and tholl clamis” was considered, and the Three Estates declared “ that the house of Torphiching, and the Preceptor and brether foi the tyme, ar infeft ot fee and forfaltor of ther awne fre tenents, and that it is lefull to thame to put thaimself in sesing and possessioun in ony sic lands forfait ony tyme to cum : and anent the custume clamit be the said Preceptor, the Estatis can nocht as now declare that matter.” At-this period, and previously, the Preceptor took Ins seat in Parliament at the head usually of the feudal barons as Preceptor of Torphichen. In the Parliamentary roll of the 3d of February 1489, he no longer sat as a tenant in chief under the crown in virtue of his barony, but as Lord Sanct John was placed amongst the Peers of the Realm, and from that date, with one exception in 1525 — perhaps an error ot the clerk — down to the resignation by the last Preceptor in lo63, the head of the Hospitallers was recognized as a Lord of Par¬ liament, by the style and title of Lord St John. 1 Ho was a younger son of Sir John Levynstone of Caliendar. 2 The original document is privately printed in a rare collection of Miscellaneous Tapers, of which not more than six complete copies exist, entitled Nukje Derelict*- royal 8vo. 1522. ’ 20 Sir George Dundas became the next Lord St John, and as such sat in Parliament at least down to 2d September 1527, when he appears as one of the Commissioners for James V. to hold the Parliament then summoned. He was succeeded by Sir Walter Lindsay, a Nobleman of great talent, who stood high in the favour of his Sovereign. On his demise in 1543, Sir James Sandilands became the last Lord St John. James Sandilands was the youngest son of Sir James Sandilands of Calder, by his wife Marion, daughter of Archibald Forrester of Cor- storphine. “ Being,’' says Crawfurd, “ a young man of good parts and bred a scholar,” he was recommended to the great master of the Knights at Malta by Sir Walter Lindsay, Lord St John, as a person well qualified to be his successor in the Precept ory of Torphichen. Through this recommendation, the youthful candidate for honours was kindly received at Malta, where he resided for several years. “ lie gave,” continues Crawfurd, “ such proofs of his learning and sufficiency for the discharge of that function, that he was, with all the necessary forms, received by the Grand Prior of the Hospital and his chapter to be one of the Kuights of that ancient Military Order, and inaugurate future successor to Sir Walter Lindsay, by whose death in the [year] 1543 he was fully invested in the title, power, and jurisdiction of Lord St John of Jeru¬ salem in Scotland, and entirely to the possession of the revenue thereof, which was very great, and spread through the whole kingdom. Sir James being looked on as a man of a wonderful gravity and wisdom, was employed both in the time of King James V. and Queen Mary, in several embassies, as in England and in France, in which negotiations he behaved with great prudence and dexterity.1 The father 2 as well as the elder brother 3 of Lord St John, at an early period embraced the reformed doctrines ; and it has been asserted that the first Sacrament after the Reformation was dispensed in the Hall at Calder,4 the family seat of the chief of that family. Whatever truth there may be in this, it is an undoubted fact that the Hospitaller followed the example of his father and brother, and was rewarded for his desertion of the old religion, with the estates of the Order he chose to repudiate. Accordingly the Charter, which is now for the first time published, was granted in his favour, and the united possessions of the Templars and Hospitallers, became the property of the Lord St John, who, upon obtaining the Charter, and passing infeftment, eschewed his former title, and as Lord Torphichen took his place in Parliament. His Lordship died 29th November 1596, leaving no issue, although married to Janet Murray, a daughter of the Laird of Polmaise, whereupon his title and estates devolved on his grand-nephew James Sandilands of Calder, who became second Lord Torphichen. On the 9th of November 1599, the second Peer alienated the “ Tempel- landis,” and Robert Williamson, writer, and James Tennent of Lyne- liouse, became the purchasers. This sale was confirmed by Act of Parliament 1606, chap. 82. Tennent afterwards sold his moiety to Williamson, who obtained a charter disjoining his purchase from the 1 Peerage of Scotland, p. 479. Edin. 1716, folio. 2 Sir James Sandilandis, according to Wood’s Peerage, died “ after 1553.” 3 John Sandilandis, grandfather of James second Lord Torphichen. 4 A portrait of Knox is still preserved at Calder, with this inscription on the back — “ The Rev. John Knox— -the first Sacrament of the Super given in Scotland after the Reformation was dispensed in this Hall.” M'Crie’s Life of Knox. 21 Barony of Torphichen, and erecting it into the « Tenaudry of the Temple lands.” J From the sale to Williamson and Tennent were excepted the Baronies of orphichen and Liston in the county of Edinburgh, Denny within the county °f btu-hng, Thankerton in the county of Lanark, Balintrodo (Aimston) m Edinburghshire, Maryculter in Kincardineshire, and ' a;ih,°Pe “Pcebles-slnre ; besides these Baronies, there were also ex¬ cepted the Temple lands of Paistoun, Templehall, Templehirst, a Temple and m Corstorphine, Halkerstoun, Rylawknow, Castletoun, Snypis enisKle, Ilarberstoun, a Temple land in Crichton, Langton, Harperrig and Kirknewton, all in the county of Edinburgh.1 Williamson then sold the tenandry, by a deed to which Lord Torphichen was a party, to Lord Binning, afterwards Earl of Melrose and Hadding¬ ton, who obtained a Crown-Charter, erecting the Temple lands into the ai ony o Drem, and his infeftment was confirmed by the following Parliamentary ratification (1617, cap. 45) & “ Oure Souerane Lord and Estaitts of this present Parliament ratifies and apprevis the Infeftment made and granted be his Maiestie with Consent of his hienes officeris of Estate and Commissioneris of this leahne of Scotland To his hienes Traist Cowsigne and Counsellor ihomas Lord Bynning Secretaire to his Maiestie, and President of his nenes co e ge ot Justice of the samyne Kingdome his airis maill and successom-es heretablie Off all and sindrie the Tempill Landis and tempi 1 Tenementis pertening of before to James Lord Torphechin in propertye or Penandrye quhaireuir the same ly within the said Kingdom Scotland alsweill witlim Burgh as without burgh in Landwairt, with oibf^r J °Urf ’ fortallces> maner P^ces, housis, biggingis, zairdis, cheardis, mylnes, woddis, fischeingis, Teyndis alsweil personage as Vicarage of the samen, landis, tennentis, tenandries, seruice of frie tennenties, annexis, connexis, dependences, and all and sindrie priui- ledgis, liberties, immunities, and pertinentis off the samen, specefiet in the saul Infeftment Except as is thairin Exceptit To be haldin of our said Souerane Lord and his successoures in frie blenche for payment of ane penme zeirlie at the feast of witsunday in name of blenche ferme ‘f keisaskit aUenerhe, Of the date at Roystoune the threttene day ot October the zeir of God sixteen hundred and fourtene zearis In all and smdne heades, articles, clausses, and conditiounes quhatsumeuir thairin contenit with the precept and Instrument of seasing following thair- upoun, lyk as his Maiestie and Estaittis forisaidis willes decernis and declans that this present ratificatioun Is, and sal be, alsvalide, effectuall and sufficient in all respectis. As gif the said Infeftment precept and nstrument of seasing following thairupon wer at lentlie insert and mgrossed in this present (act) de verbo ad vcrbum” In the Haddington Family the Barony of Drem remained until nearly tie middle of the last century, when it was sold in virtue of an Act of arhament to the Honourable John Hamilton, Advocate. Mr Hamilton eft no son, and his four daughters became his heirs. It was acquired by the late Robert Hill, Esq., and the greater portion of it is now vested in the person of John Black Gracie, Esq. W.S. 1 The greater pare of these subjects had been or his predecessor. previously sold either by the second Lord Although the Family of Sandilands had for more than two centuries ceased to have right to any portion, except Torpliichen, of the original barony erected by Queen Mary, with consent of the Three Estates, in 1563, the general description was retained in their Crown titles. Nor was this all, entries had been granted by the Lords Torpliichen to vassalls in various Temple lands in several parts of the kingdom. In order to have the question of right determined, Mr Gracie instituted judicial proceedings, and ultimately obtained a decision recognizing his title to the fullest extent, and putting an end to all farther interference on the part of his Noble opponent. It may be proper here to mention, that in the wood-cut which follows these observations, the building to the left of the Hospitaller, is the old pre- ceptory of Torpliichen, and the one to the right are the ruins of the Church at Temple. The following explanations relative to some of the privileges conferred on the Baron of Torpliichen by the following Charter may not be out of place, see p. 29 : — ■ “ In sum auld buikes,” says Skene, “ Sak is called placitum et emenda de transgressione hominum in curia nostra .” It may be “ called the unlaw or amerciament payed be him quha denies that thing quliilk is proven against him to be trew, or affirmis that thing quhairof the contrail’ is of veritie.” “ He quha is infeft with sok,” continues Skene, “ lies power and libertie to hald courtes within his awin Barronie or Landes.” Theme “ is power to have servandis and slavis, quliilk are called nativi, bondi, bellani, and all Barounes infeft with Theme, lies the same power.” Infangthief means the right of a Baron infeft to “ cognosce” upon theft committed by his vassals within his own domain, and taken there. Outfangtliief, the right to bring back a thief, although in other persons’ grounds, for theft committed within the Baron’s jurisdiction. It may be only necessary to add, that the Charter has been printed as wn-itten, and that no portion has been pointed by the Editor excepting what is now technically called the Testing Clause. CHARTER BY MARY QUEEN OF SCOTS. aria dei gratia regina Scotorum Omnibus probis hommibus Totius terre sue clericis et laicis salutem Sciatis nos considerantes fidele nobile et gratuitum servitium nobis nos- _ trisque cliarissimis quondam patri et matri bone memone in reipublice et regni nostri commodum impen- sum per ddectum nostrum domesticum servitorem Jacobum Sandelandis Dominum de Sanct-Johnnis ac recordantes supplicationum per nobilitatem et tres regni nostri status m eius gratiam paulo ante nostram e francia profectionem nobis direct arum quarum in ultimo nostro parliamento apud Edinburgh quarto die mensis Junijultime elapsi tento, haud immemores easdem ad nostre nobilitatis et trium statuum prescnptorum memoriam reduximus in piano parliamento proprio ore declarando nobis esse gratum dictum nostrum servitorem tanti ab lllis estimari quanti nos eum etiam esti- mamus cuius servitii respectu ac supplicationum prescrip- tarum ammum gratum ac nostrum erga ipsum favorem declarare promisimus Cui rei dicti nostri Status gratanter assentierunt. Nos propterea ac pro augmentatione patrimonii coi one nostre annuatim in summa quingentarum marcarum pro terns subscripts de quibus nos nec nostri predecessores nullum ante hac commodum retulimus. Necnon pro summa decern nullia scutorum aureorum solarium, vulgari appella- tione crowms of the Sone nuncupata nobis per dictum nos¬ trum servitorem gratanter persoluta, Dedisse concessisse et lac presenti carta nostra confirmasse hereditarie dicto Jacobo Domino de Sanct- Johnis heredibus suis et assignatis 20 CHARTER BY MARY QUEEN OF SCOTS Totas et integras terras et baronias de Torphechin listoun ballintrodo tankertonn denny maryculter stanehoip galtua cum tenentibus tenandriis liberetenentium servitiis advoca- tionibus et donationibus ecclesiarum beneficiorum et capel- laniorum omnium et singularum dictarum terrarum et baroniarum cum molendinis multuris siluis piscariis castris turribus fortiliciis et maneriebus earundem Jacentes infra vicecomitatus nostros de Edinburgh peblis Linlithquhow striuiling lanarlc kincardin et senescallatum de kirkcudbrycht Nec non omnes annuos redditus terras templarias vulgo tempillandis nuncupatas decimas loca possessiones ac alias terras quascunque tam non nominatas quam nominatas infra regnum nostrum existentes Cum omnibus priuilegiis immu- nitatibus preeminentijs dignitatibus officiis regalitatibus cum libera capella et cancellaria infra bondas quarumcunque ter¬ rarum per dictum Jacobum et suos predecessores tan quam preceptores de torphechin aliquo tempore ante datam pre- sentium possessarum Quequidem omnes et singule terre et baronie de torphechin listoun ballintrodo tankertoun denny maryculter stanehoip galtua cum tenentibus tenandris libere¬ tenentium servitiis aduocationibus et donationibus ecclesi¬ arum beneficiorum et capellaniarum omnium et singularum dictarum terrarum et baroniarum Molendinis multuris siluis piscarijs castris turribus fortiliciis et maneriebus earundem Vna cum omnibus annuis redditibus terris templariis decimis locis possessionibus et aliis terris quibuscunque tam non nominatis quam nominatis infra regnum nostrum existenti- bus Ac cum omnibus priuilegiis immunitatibus preeminentiis dignitatibus officiis regalitatibus cum libera capella et can¬ cellaria infra bondas quaruncunque terrarum per dictum Jacobum et suos predecessores tanquam preceptores de torphechin aliquibus temporibus retroactis possessarum fuerunt prefati Jacobi tanquam preceptoris prescripti perprius Et quas idem tanquam omnimodum et indubitatum titulum ad easdem habens in manibus nostris tanquam nunc ac omnibus temporibus futuris superioris earundem dimisit Insuper pro causis suprascriptis ac aliis causis et considera- tionibus nos mouentibus vnimus annectimus erigimus creamus et incorporamus tenore presentis carte nostre omnes et singu- las prenominatas terras et baronias de torphechin listoun ballintrodo tankertoun denny maryculter stanehope galtua IN FAVOUR OF LORD TORPHICIIEN. 27 cum tenentibus tenandriis liberetenentium seruitiis aduoca- tionibus et donationibus ecclesiarumbeneficiorum et capellani- arum omnium et singularum dictarum terrarum et baroni- arum cum molendinis multuris siluis piscariis castris turribus fortiliciis et maneriebus earundem unacum omnibus annuis redditibus terris templariis decimis locis possessionibus ac aliis terris quibuscunque tarn non nominatis quam nominatis infra regnum nostrum existentibus ac cum omnibus priuilegiis immunitatibus preeminentiis dignitatibus officiis regalitatibus Cum libera capella et cancellaria infra omnes bondas qua- rumcunque terrarum per dictum Jacobum et eius predeces¬ sors tanquam preceptores prescripti perprius possessarum ac nunc ut dictum est dimissarum In unam integram et liberam baroniam, baroniam de torphechin omnibus temporibus affu- turis nuncupandam ac etiam volumus et concedimus ac pro nobis et successoribus nostris Ordinamus quod maneries et fortilicium de torphechin erit principale messuagium dicte baronie Et quod unica sasina nunc et omnibus tem¬ poribus affuturis per dictum Jacobum heredes suos et assignatos apud dictam maneriem et fortalicium de tor¬ phechin capienda stabit extendet et sufficiens erit sasina pro omnibus et singulis suprascriptis terris et baroniis cum tenentibus tenandriis libere tenentium serviciis aduocationi- bus et donationibus ecclesiarum beneficiorum et capellania- rum turribus fortiliciis molendinis multuris siluis piscariis annuis redditibus terris templariis decimis locis possessioni¬ bus priuilegiis immunitatibus preeminentiis dignitatibus officiis regalitatibus ac. cum libera capella et cancellaria infra omnes bondas dictarum terrarum et omnibus suis pertinentiis absque ulla alia particulari sasina apud quem- cunque ahum locum de eisdem capienda non obstante quod eedem non jacent insimul contigue Propterea nos ex potestate nostra regali damus concedimus ac pro perpetuo confirmamus tenoi e piesentes carte nostre dicto Jacobo heredibus suis et assignatis totum ius clameum iuris titulum interesse peti- torium possessorium que nos nostre predecessores aut suc- cessores habuimus habemus seu quouismodo habere seu acclamare poterimus in et ad predictas terras et baroniam cuni tenentibus tenandriis liberetenentium seruiciis aduoca- tionibus et donationibus ecclesiarum beneficiorum et capel- laniarum turribus fortiliciis molendinis multuris siluis piscariis 28 CHARTER BY MARY QUEEN OF SCOTS annuis redditibus terris templariis decimis locis possessioni- bus priuiligiis immunitatibus preeminentiis dignitatibus officiis regalitatibus cum libera capella et cancellaria infra omnes bondas dictarum terrarum aut quarumlibet partium earundem firmis proficuis et deuoriis earundem propter quamcunque actionem et preterritam tam non nominatam quam nominatam quas pro expressis in liac presenti carta haberi et interpretari volumus Exonerando quieteclamando et renunciando eisdem pro nobis et successoribus nostris dicto Jacobo heredibus suis et assignatis imperpetuum Exonerando nostre concilij et sessionis dominos ac omnes alios nostros judices officiarios ac nostros ministros thesau- rarium compotorum nostrorum rotulatorum et advocatum presentes et futuros omni de citatione et prosecutione quarumcunque summonitionum aut actionis contra prefatum Jacobum heredes suos et assignatos pro recuperatione ab ipsis dictarum terrarum baroniarum decimarum regalitatum et pruilegiorum prescriptorum aut quarumcunque earundem partium et de eorum officiis in hac parte renunciando eisdem imperpetuum Cum supplemento omnium defectuum Ac etiam in consideratione priuilegiorum per dictum Jacobum et eius predecessores preccptores de torphechin gauisorum ac per nostros nobilissimos progenitores prius ratificatiorum Eximi- mus dictum Jacobum heredes suos et assignatos ab omnibus taxationibus lie scattis stentis contributionibus ac alijs oneribus et impositionibus quibuscunque ac ab omni Juris¬ diction ordinaria et extraordinaria ac omni comparentia coram iudice aut iudicibus quibuscunque infra regnum nostrum submittendo ipsos nobis nostrique secreti concilij dominis tantum Ac eximimus ipsius tenentes et dictarum terrarum suarum occupatores ab omni comparentia coram quocunque iudice aut Judicibus criminalibus aut ciuilibus spiritualibus sen temporalibus nisi coram prefati Jacobi propriis balliuis predictarum terrarum per ipsum heredes suos et assignatos deputatis seu deputandis aut coram dominis nostre sessionis tantum submittendo illos ipsorum iurisdictioni solum in hac parte Et exonerando similiter omnes alios judices ac iuris ministros ab omni processione contra ipsos aut ipsorum aliquem et ab illorum officiis in hac parte imperpetuum Et ordinamus tenore presentis carte nostre ipsos emendi et vendendi liberum priuilegium habere IN FAVOUR OF LORD TORPHICHEN. 29 infra omnes regni nostri partes absque vllarum solutione munitarum custumarum Secundum priuilegia preceptoribus Torphechin antea concessa tenendas et habendas omnes et singulas prenominatas terras et baronias de Torphechin listoun ballintrodo thankertoun denny maryculter stanehoip galtua Cum tenentibus tenandrijs liberetenentium servitiis aduocationibus donationibus ecclesiarum beneficiorum et capellaniarum omnium et singularum terrarum et baroniarum prescriptarum Cum molendinis multuris siluis piscariis castris turribus fortiliciis maneriebus earundem unacum omnibus annuis redditibus terris templariis decimis locis possessionibus et aliis terris quibuscunque tarn non nominatis quam nomi- natis infia regnum nostrum existentibus Cum omnibus piiuilegiis immunitatibus preeminentiis dignitatibus officijs regalitatibus In libera capella et cancellaria infra omnes bondas predictarum terrarum per dictum Jacobum et eius predecessors preceptores de Torphechin possessarum Ac cum omnibus alijs priuilegiis et exemptionibus particulariter superius specificatis memorato Jacobo heredibus suis et assignatis de nobis et successoribus nostris in feodo et hereditate ac libera baronia imperpetuum Per omnes rectas metas suas antiquas et diuisas prout dicte terre jacent in longitudine et latitudine bossis planis moris marresiis viis semitis aquis stagnis riuulis pratis pascuis et pasturis aucupationibus venationibus piscationibus petariis turbariis carbonariis lignis lapicidiis lapide et calce fabrilibus brasinis brueriis et genestis cum curiis et earum exitibus herezeldis bludevv is escheatis et amerchiamentis predictarum curiarum cum furca fossa sok sak thole theme infangtheif outfang¬ theif pitt et gallows Cum commum pastura libero introitu et exitu ac cum omnibus aliis et singulis libertatibus com- moditatibus asiamentis ac justis suis pertinentibus quibus¬ cunque tarn non nominatis quam nominatis tarn subtus terra quam supra terrain procul et prope ad dictas terras et baronias ac alia superscripta cum pertinentibus spectantes seu iuste spectare valentes quomodolibet in futurum libere quiete plenarie integre honorifice bene et in pace sine aliqua reucatione aut contradictione quacunque. SOLUEN- DO inde annuatim dictus Jacobus heredes sui et assignati nobis et successoribus nostris pro predictis terris baroniis priuilegiis et regalitatibus suprascriptis summam quingen- so CHARTER BY MARY QUEEN OE SCOTS tarum marcarum monete nostri regni ad duos anni terminos Penthecostes et Sancti Martini in hieme per equates por- tiones nomine feudifirme tantum absque ulla duplicatione feudifirme in introitu liseredum successorum seu assignatorum dicti Jacobi et pro prefatis decimis tenendo et sustentando infra ecclcsias dicte preceptorie perprius spectantes habiles et idoneos ministros prout ordo pro presenti seu postea communiter infra regnum nostrum erit magis usitatus Nec- non pro causis antedictis et pro pecuniarum summis nobis per dictum Jacobum pro confectione presentis infeofamenti expositis et persolutis in verbo principis et fideli promissione obligamus nos et successores nostros clicto J acobo heredibus suis et assignatis quod quandocunque etatem viginti quinque annorum completorum attigerimus ratificare et approbare presens infeofamentum in omnibus suis punctis in piano nostro parliamento pro perpetua corroboratione earundem. In cuius rei testimonium sigillum nostrum huic presenti carte nostre magnum apponi precepimus, TestibusReuerendis- simo patre in Christo, Johanne Archiepiscopo Sancti andree1 &c., dilectis nostris consanguineis Jacobo comite de mortoun domino dalkeith cancellario nostro,2 Willelmo comite mariscalli domino de keith,3 dilectis nostris familiaribus ac conciliariis richardo maitland de lethingtoun4 equite aurato 1 John Hamilton, natural son of James first Earl of Arran, was Abbot of Paisley in 1525. He became afterwards Bishop of Dunkeld, which See he retained until his elevation to the Primacy, which had become vacant by the murder of Cardinal Bethune. lie published a catechism in the vernacular tongue, at St Andrews 1552, (4to.), a work well known to bibliographers for its rarity. Being a zealous adherent of Queen Mary, the Primate was declared a traitor by the Earl of Moray, and having been captured in Dumbarton Castle, was, with that humane policy that characterized the actings of the dominant party, hanged in the town of Stirling, on the 1st of April 1570. 2 James Douglas, the well known Regent, who lost his head for being a party to the murder of Darnley. 3 William, fourth Earl Marisclial. He died 7tli October 1581. In the charter he is styled Lord “ Dalkeith,” but this is an evident mistake for De Keith. 4 Sir Richard Maitland of Lethington was one of the most distinguished persons of the time of Queen Mary, whether considered as a politician — a senator — or a poet. To Richard Bannatyne, an Edinburgh writer, and to Sir Richard, we owe the preservation of the great body of early Scotish poetry, and they have in consequence given their respective names to the two Book Clubs of Edinburgh and Glasgow. Sir Richard’s Poems IN FAVOUR OF LORD TORPHICHEN. 31 nostri secret! sigilli custode, niRgistro Jticobo mcgill do rcinkc- lour nether,1 nostrorum rotulorum registri ac concilij clerico, et Johanne bellenden de Auchnoule2 milite nostre justiciarie clerico. A pud Edinburgh vicesimo quarto die mensis Januarii Anno Domini millesimo quingentesimo sexagesimo tertio et regni nostri vicesimo secunclo.3 were privately printed for the Maitland Club, under the editorial care of the late Joseph Bain, Esq. 4to. 1830. His History of the House of Seytoun has been also printed for the use of both Clubs, as well as in a separate form, by C. K. Sharpe, Esq. Sir Richard died on the 20th March 1586, in the ninetieth year of his age. His widow, who had been his attached and faithful companion for sixty years of his eventful life, is said to have died on the day of his funeral. She was a daughter of Thomas Cranston of Crosby. Of this marriage the Earls of Lauderdale are descended. 1 Mr James Macgill was Clerk-Register in 1554, but was turned out for being concerned in Rizzio’s murder in 1565. He was restored in December 1567, and continued in the office till 1577. Sii John Bellenden, Rord Justice C'lei'k in the reigns of Queen Mary and King James YI. This Chaitei contains no creation of a peerage. It unites the entire Temple and Hospital possessions to the barony of Torphichen, under which general name the whole estates were thereafter to be comprehended. As appertaining to this barony the Crown grants all privileges, immuni¬ ties, pre-eminences, dignities, offices, and regalities possessed by Sir James Sandilands and his predecessors. Preceptors of Torphichen ; but there is no gift of the status of a Lord of Parliament separate from the baronial right ; on the contrary, the dignities, See. are incidental to the barony. It cannot be doubted that this territorial charter created a peerage in the person of Sii James Sandilands, for not only was he recognized as Lord Torphichen, and sat as such in Parliament, but what is more de¬ cisive, having no issue, his grand-nephew became his successor, and upon taking up the territorial barony of Torphichen by service, at the same time took up the title. Beyond the charter 1563, the second Baron had no earthly right to a peerage, for it will not do in this instance to imagine a patent of creation, separate from the feudal grant, as has sometimes been so conveniently assumed by the House of Peers in modern times, because there is direct evidence that Queen Mary’s Charter did constitute the sole right to the peerage of Torphichen. In consequence ot the disputes between the Scotish Peers as to pre¬ cedence, both before and after the ascension of James YI. to the English diadem, his Majesty issued a commission under the Great Seal to “ ascer¬ tain the number of Peers and Privy-Councillors, for the purpose of adjust¬ ing these differences, and to pronounce a “ decreet of ranking.” There had been, in 1600, a Commission to the said Council for the same purpose, under which, however, nothing had been done. Under the second Commission the Peers produced the necessary evi¬ dence as to their respective titles, and amongst other Noblemen, Lord Torphichen “ compeired” and “ produced a charter made and given be Mary Queen of Scots, whereby the Barronie of Torphichen is erected in 32 CHARTER GY MARY QUEEN OF SCOTS, &C. [/» dorso] Curia Justiciarie Serenissimi Domini Nostri Regis Tenta et inclioata in pretorio ciuitatis glasguensis, penultimodiemensis merchii anno Domini millesimo quingentesimo sexagesimo octavo, Per nobilem et potentem dominum Arcliibaldum Comitem ergadie, dominum Campbell et lorne, Justiciarium generalem dicti Serenissimi Domini Nostri Regis Totius regni sui ubilibet constitutum Sectis vocatis, Curia affirmata. Visa et admissa per dictum Justiciarium generalem Joannes bellenden clericus iusticiarim. a free barrony, but all priviledges and dignities of bis predecessors Lords of Torphichen ; according to quliilk election he produced sundry precepts of Parliament directed to bis predecessors as Lords Torpliichen, whereby they had vote in Parliament : quhilk charter was granted Anno Domini 156*3.” 1 2 This is the charter now printed. A decreet of ranking was pronounced, which establishes that Lord Tor¬ phichen appeared by Mr Robert Learmonth as his procurator, and that the writings respectively founded on by the Peers, were at “ diverse tymes, and at diverse dyets, verie diligentlie and exactlie sichted, tryed, examinat, and considerit.” Accordingly Lord Torphichen is placed after Lord Boyd, and before Lord Paisley. Not the least remarkable circumstance connected with this Peerage is, that the second Lord from time to time alienated almost the whole of the component parts of the newly erected barony, and retained only Tor¬ phichen, yet this was held not to affect the Peerage which remained in his person, and has since been enjoyed without objection or cavil by his descendants. 1 Miscellany of the Maitland Club, Part II. P. 389. 2 Printed in the Maitland Miscellany, Part II. p. 391, from the original found in the Dennistoun Charter Chest. LETTER FROM SIR ROBERT ANSTRUTHER TO LORD CHANCELLOR HAY, RELATIVE TO THE RANSOM OF ANGUS MORRAYE, DETAINED AS A SLAVE IN BARBARY. VOL. II. o O A * The ensuing remarkable trial for witchcraft is abridged by Lord Pitmedden from the original Records in the Justiciary Office, usually termed the Books of Adjournal. His Lordship’s MS. Abridgement is in the Library of the Faculty of Advocates, and as it contains his own notes and observations, it is on that account justly held in great estimation.1 In no country, probably, was a belief in witchcraft more generally enter¬ tained than in Scotland, and from the earliest times which our Records reach, down to a very recent period, his Satanic Majesty, and his retinue of witches and warlocks, were usually understood to have a very decided partiality for the barren heaths and lofty hills of the North. To those who take an interest in the popular superstitions of the earlier times, the trial of Isobel Young, and those that follow afterwards, will not be unacceptable. Finnie’s trial is given as abridged by Lord Pitmedden, but the remainder consists merely of notes of cases, and there is really so much repetition and sameness in prosecutions for this offence, that any thing like a lengthened report would be irksome. It is strange — but not on that account the less true — that in some portions of the kingdom there does still exist a belief in the existence of witch¬ craft. Indeed, it is not very long since some people were tried in England for subjecting a fancied witch to the ordeal of the water trial, and the following extract from the Hull Advertiser is pretty tolerable evidence that the good folks of Yorkshire, who usually get the credit of being wiser than their neighbours, do not always merit that character. “ A Witch.— At Sculcoates Hall, on Tuesday week, Charles Ashton was charged with assaulting Ellena Winslow. The complainant, a very old woman, stated that Ashton sent for her to a public-house, to have a sixpenny-worth with him. He took hold of her hand, and with a sharp instrument cut her arm, saying — “ There, you old witch, you can’t bewitch me any more ; I have drawn your blood.” She replied she had not bewitched him, it was his own bad conduct. She had lived near him four or five years, and never had an ill word. — Ashton, who seemed to have a great dreadjff the old lady, admitted having cut her arm. She had said she could tig a curse upon ony man, and he did it with a pin. He had been above four years under the doctor’s hands for a 1 In Pitcairn’s Criminal Trials are various cases of sorcery and witchcraft; but these are so much obscured by a rigid adherence to antiquated phraseology, and by preserving the whole form of procedure, as given in the record, that few persons are at the trouble of looking into them. SG He married Katharine Swift, daughter of Sir Edward Swift, of the county of York, Knight, with whom he got the estate of Weetly in Yorkshire, and by her had two sons, the eldest of whom leaving no sons,1 the male representation vested in his brother Philip, who, upon the demise of his uncle William, inherited the family estates , in Scotland. lie is the direct ancestor of the present Sir Wyndham Anstruther, Bart. Sir Robert was the translator of the “ Oration, or Substance of that which was delivered before his Maiestie of Great Britaine, by the Emperour’s Ambassador, the high and excellent Lord Count Schwartzenberg, at his day of audience, being the seventh of Aprill, in the Parliament Chamber.” On the title of this rare tract, printed at London for Thomas Archer, 18th April 1622, it is declared, that “ this is the true copie of the Ambassadour’s Speech, delivered by him in High Dutch, and repeated in English by Sir Robert Anstruther, Knight, Gentleman of his Maiestie’s Privie Chamber.” 1 He left by liis wife Anne, daughter of Sir John Corbet of Stoke, in Shropshire, a daughter who succeeded to the English estate. LETTER FROM SIR ROBERT ANSTRUTHER TO LORD CHANCELLOR HAY. Right Honorabill and my werie good Lord, HIS bearer Angus Morraye haith bien with the Magistrate of this towne, and haith ob¬ tained a cartificat of them in the behalfe of his sone, that was taiken prisonner by the Tin cks pirats out of a schip of this towne, that doe assure me that his sone is detained and keept pri¬ soner in Barbarie. This poore man is weel known vnto Coronell Makaye,! whoe haith alsso recommended him and his cause vnto me, and with me is a humbill suiter vnto your Lordschip, that your Lordschip would be plaissed to taike 1 Sir Donald Mackay, Knight. He obtained permission from Charles I to raise a regiment to assist Ernest Count Mansfeldt, the General of the Bohemian army. He levied upwards of 3000 men, the greater part of whom he embarked at Cromarty in October 1626, but being sick at the tune, he did not leave this country till the beginning of the ensuing year— a circumstance tending to fix 1627 as the year when Sir Robert’s letter was written. Amongst the soldiers under his command was Robert Abrach M‘Gregor, who, with other prisoners in the Tolbooth of Edin¬ burgh, was delivered to Sir Donald by an order of the Privy-Council 22d August 1626. Mansfeldt being dead when Mackay arrived, he took’ ser- vme under Christian IV. King of Denmark, and an account of his services will be found m Monro’s Account of the Expedition. Sir Donald returned to England for reinforcements in January 1628, and on the 19th February following, was created a Scotish Peer by the style and title of Lord Reav with remainder to his heirs-male for ever, bearing the name and arms of Ai clCKclV . 38 LETTER FROM SIR ROBERT ANSTliUTHER. into your consideration his miserabill estaite, and out of your accousturaat fauore and goodnes to pitie his estaite, whoe haitli no other hoope of reliefe for his sone out of that slauerie, but out of the charite of good Christians that have a fellowefeelino-e of his misere ; and therfore bien thus destitutet of all other helpe, he onlie expects that grace and fauore from your Lordschip and the Lords, that he might be permitet and countenanced by the Kings or Counsells warrant to present this his miserabill estaite vnto such plaices and in such countres as shall seeme moist for the poore man’s confort, and maye stand with your Lordschips good lykinge ; for which fauor he and his will euer reest bound to praye to God to give vnto your Lordschip and yours increase of all hailth and happines. Thus crauinge pardon for my too much presumption, comitinge your Lordschip to the protection of the Almightie, I reest, Your Lordship’s humbill seruand at command, Robert Anstruther. By Mr Robert Parker, your Lordschip shall heere, God willinge, at lairge of all our good estaite heere, which I pray God he send increse dailie. The kinge and his sonne are, God be thanked, in good order, onlie deest.1 Hamburg , 3 Maij. To the right honorabill and my werie good Lord, Sir George Haye knight, Lord Chanchlor of Scot¬ land, and of his Maiestes most honorabill Priuie Counsell of boith the kingkdomes. 1 Sic in MS. T R I A L OP ISOBEL YOUNG FOB WITCHCRAFT, FEBRUARY 4, 1629. The ensuing remarkable trial for witchcraft is abridged by Lord Pitmedden from the original Records in the Justiciary Office, usually termed the Books of Adjournal. His Lordship’s MS. Abridgement is in the Library of the Faculty of Advocates, and as it contains his own notes and observations, it is on that account justly held in great estimation.1 In no country, probably, was a belief in witchcraft more generally enter¬ tained than in Scotland, and from the earliest times which our Records reach, down to a very recent period, his Satanic Majesty, and his retinue of witches and warlocks, were usually understood to have a very decided partiality for the barren heaths and lofty hills of the North. To those who take an interest in the popular superstitions of the earlier times, the trial of Isobel Young, and those that follow afterwards, will not be unacceptable. Finnie’s trial is given as abridged by Lord Pitmedden, but the remainder consists merely of notes of cases, and there is really so much repetition and sameness in prosecutions for this offence, that any thing like a lengthened report would be irksome. It is strange — but not on that account the less true — that in some portions of the kingdom there does still exist a belief in the existence of witch¬ craft. Indeed, it is not very long since some people were tried in England for subjecting a fancied witch to the ordeal of the water trial, and the following extract from the Hull Advertiser is pretty tolerable evidence that the good folks of Yorkshire, who usually get the credit of being wiser than their neighbours, do not always merit that character. “ A Witch.— At Sculcoates Hall, on Tuesday week, Charles Ashton was charged with assaulting Ellena Winslow. The complainant, a very old woman, stated that Ashton sent for her to a public-house, to have a sixpenny-worth with him. He took hold of her hand, and with a sharp instrument cut her arm, saying — “ There, you old witch, you can’t bewitch me any more ; I have drawn your blood.” She replied she had not bewitched him, it was his own bad conduct. She had lived near him four or five years, and never had an ill word. — Ashton, who seemed to have a great dread _pf the old lady, admitted having cut her arm. She had said she could % a curse upon ony man, and he did it with a pin. He had been above four years under the doctor’s hands for a 1 In Pitcairn’s Criminal Trials are various cases of sorcery and witchcraft; but these are so much obscured by a rigid adherence to antiquated phraseology, and by preserving the whole form of procedure, as given in the record, that few persons are at the trouble of looking into them. complaint that was laid upon him, and he did not know what for. [laughter]. — Magistrate: You stupid fellow, do you mean to say you believe this old woman can lay a complaint upon you ? — Ashton : She has told people so ; I can bring a man who heard her say so. — Magis¬ trate : If you can prove that this woman has followed the line of pro¬ fession termed witchcraft we can punish her ; but to say that she has affected you is most absurd. — Ashton : It may seem very queer to you, but it is true. I was under Dr Alderson, Dr Turnbull, and Mr Hardy, and they could none of them find out what it was. — The Magistrate ordered the bewitched to retire, and see if he could not satisfy the “ weired sister” for the hurt he had caused her, and she succeeded in laying so potent a spell upon him as to extract 5s. from his canvass purse.” — Aug. 4, 1830. There is a very remarkable reference in the following trial to the Lee Penny — an amulet presently in possession of the representative of the Lockharts, and which was received by an ancestor as part ransom of a Saracen Prince. It is represented as a stone of a dark red colour, set in a shilling of Edward I., and to have been in the Family of Lockhart of Lee since 1320. It is reputed to cure all diseases in cattle, and the bite of a mad dog both in man and beast. It is dipped in water, which is applied both internally and externally. T ft I A L OF ISOBEL YOUNG. SOBEL YOUNG, spouse to George Smith, Portioner of Eastbarns, indyted for Witch¬ craft and Sorcerie. There are many articles contained in her Dittay, such as her having conceived malice against George Sandie in Brands Mill about the year 1600 (no later than 29 years before), and that she had by devilish enchantment stopped his milne for many days— had by the like arts occasioned his going back in the world, and that nothing prospered with him ; particularly his fishing boat which he used at the hening drave, took no fish, tho1 all the other boats did. Item, that she crosst the water betwixt the said milne and her own house ; tlio’ the water was so high that it was not passable, which she did by the assistance of the Devil. Mr Laurence MackilE and Mr David Primrose^ apeared / S?®oud son of> David Macgill, Lord Advocate, and uncle of Sir James lUacgill, created Viscount of Oxenford, and Lord Macgill of Cousland, 19th April 1651. Laurence married, 21st January 1598, Jean Crichton, by whom he had several children. 2 Eldest son of Archibald Primrose, who acquired the small estate o Burnbrae m the county of Perth, a person of humble origin, and designed m a charter, 15tli January 1611, as “ clericus mmeralmm.” Ac¬ cording to Yv ood, Archibald was “ a young gentleman of no small abilities,” v hi \\ as eiiijH'n ed by the Abbot of Culross in managing the revenues of the Abbey— a very elevated employment truly, “ and requiring” no small ability.” David, his son and heir, was an Advocate. He married oth June 1608, Marion Purdie, by whom he had a large family, is descendants both in the male and female line still exist, and the estate of urn brae, which was entailed, continued with them till recently : when by an Act of 1 arliament, it was sold to Viscount Keith’s Trustees, and the price was ordered to be invested in the purchase of lands to be entailed on the same series of heirs. The cause of this sale was, that though a very small property, Burnbrae was in the heart of the Tulliallan estate, and onlv a short distance from the mansion-house. It thus became a matter of great 44 TRIAL OF ISOBEL YOUNG FOR WITCHCRAFT. as prolocutors for the pannall, anil argued that the facts lybelled, tho1 true, did not inferr the crime of witchcraft, and might be ascribed to common natural causes. The reply made to it by Sr Thomas Hope, Advocate, was that such points of Dittay were always sustained relevant by the practice of the Court, as was done lately in the case of Margaret Wallace, no more being requisite for inferring the relevancie of the Dittay, but precedentes mince , and damnum secutum. Duplied, that mince or malum minatum and malum secutum are not relevant, unless the means by which they are perpe¬ trate were condescended on, for without such modus be con¬ descended on, there is no connection betwixt the termini a quo et ad qiiem. The second point of Dittay is, that she threatned Thomas Kerse that he came along with a messenger, who gave the pannall a charge of horning ; that therafter the said Kerse, by her devilish sorcerie, lost the power of his leg and one arm. Answered — She never knew him : 2dly, Offered to be proven he was lame before the threatning lybelled was said to be uttered : odly, No particular mischeiflybelled to have been uttered, nor by what kind of sorcerie brought about. All the reply made is, that the answer ought to be repellit, in respect of the Dittay. Nota. — Strange argument. The lybell consists of many articles, such as, That she entertained several witches in her house, one of whom went out at a hole in the roof of the house, in likeness of a catt, and then re-assumed her awn shape. Item , That she took a disease off her husband, and having laid the said disease under her barn floor, laid it afterwards on her brother’s son, who comeing into the barn, saw the firlot hop up and down amongst the stuff. He ran upon the pannell with a sword to kill her for bewitching him, and struck the lintle of the door in following, the mark whereof is to be seen yet, and that he died thereof. importance for liis Lordship's Trustees to buy it, and they effected this object in the above manner, paying, it is understood, thrice the real value. David Primrose died in 1651. The Burnbrae Primroses are the elder branch of the Noble Family of Rosebery. TRIAL OF ISOBEL YOUNG FOR WITCHCRAFT. 45 Answered — This is a ridiculous idle fable, of laying dis¬ eases under a door, taken probable from the like out of Ariosto. Besides, it is offered to be proven, there inter¬ vened two years betwixt her husband’s sickness and her nephews. As to the dancing of the firlot, its certain that it was a distemperature in the subject ; i. e. in the person’s brain that saw it for he was mad. As to the mark on the lyntill, denies any such mark. As to his death', offers to prove he was cured by John Purves, surgeon, lived eleven years after, and had children. The same learned reply is made to this as was made to the preceeding. Strange ! Item, She is charged with several malefices by laying on sickness on sundrie persons. Item , Of having been in com- pany with other two witches lately burnt of that crime on the Dounehill of Spott, and there consulting with the devil about the death of George Clerksone, as w*as confest by the said witches at their tryal. Answered— Their depositions or declarations could not hurt third parties, more especially they being infamous by being guilty of the devilish cryme acknowledged by them¬ selves. Replyed — In criminibus atrocibus, as this is the deposi¬ tions of persons infamous infamia juris , are received as violent presumptions ad torturam vel questionem , and has been constantly sustained in this Court as is establisht by a Statute of Session anno 1591, and was practised in Eupheme Maccalzean’s case the same year 1591. • / Another article charges her with using a charm to pre¬ serve herself and catle, viz. burying a white ox and a catt alive with salt thrown in with them. Answered— The fact was, that her two sons finding their cattle were seized with the routting ill, resolved to go to the Laiid of Lee for the loan of his curing stane, but were ad- ^}sed by one of their servants to use the charm mentioned in the Dittay, viz. to bury one of the sick oxen alive, and make the rest pass over it, which they did, but to no pur¬ pose, and thereafter went to Lee, who refused to lend them Ins stone, but gave them some water in which the stone had been dipt, which they gave to their cattle to drink, and they fancied their cattle were thereby cured; but they were 46 TRIAL OF ISOBEL YOUNG FOR WITCHCRAFT. obliged to make public repentance in the Kirk of Dunbar for using such unlawful charms : but the pannall was no¬ ways guiltie, or so much as ever suspected of being therein concerned. The 24th and last Article, charges her with being upwards of 28 years a notorious witch, and consulter with the devil, whose mark she had received under her left pape, and that she renounced her baptism. Answered — The whole of this, as well as the preceeding Articles, are groundless facts, and malitious. As to the mark under the pape, the same is no other then the scar of a beel or ulcer, verie comon for child bearing women to have. As to renouncing her baptism, no person condescended on who should have been witness to it. The general Answer is likewise repeated to this, viz. ought to be repelled in respect of the Dittay, and as to the truth thereof, the same ought to be remitt to the know¬ ledge of the assyse. The Justice continues the pronouncing Interlocutor, and the assysors ordained to attend, each under the pain of 500 merks, which is more than now usually done, the penalty being 200 merks. The Interloquitor is, finds the witchcraft laid on Brands Miln, and also anent the pannaFs transportation over the water be devilish means relevant, together with bewitching of the dovecoat mentioned in the 18 art. all taine and tryit conjunction. And also, finds that branch of the Dittay rele¬ vant anent the herring fishing pertaining to George Sandie, taking the same frae him be sorcerie and witchcraft. And also finds the 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 15 poynts of Dittay ilk ane of them relevant per se. And als finds the 14 art. being conjoined with the 18 art. relevant ; and finds the 17, 18, 19, 20, 21, 22, 23, and 24 art. ilk ane of them relevant per se, and the pannal and articles of Dittay are found relevant to pass to the knowledge of ane assyse. There is a proof adduced upon the several points found relevant. The first is proven only by the oath of George Sandie, to whom the injurie of stopping his miln is lybelled to have been done, who depones the facts therein contained to be of veritie. Nota , the other points are proven by the like witnesses, viz. these on whom the injuries, & c. are trial of isobel youjstg for witchcraft. 47 lybelled to have been committed, but they do not so much as mention what means or ways were used by the pannell in committing these acts by devilish arts or sorceries. The article of being with the devil on the Doune-hill of fepott is proven by the depositions of Margt. Melross and Janet Aclnson emitted before the Presbitery and Commis¬ sioners, before whom they were tryed and convict of witch¬ craft. Objected against this proof last mentioned, that it is not relevant not being a judicial act, but only a collection of points of Dittay produced to the Council in order to procure a Commissmn t° try these two women, and extracted by Mr Patrick Hamilton, minister, who now compears as a prosecutor of this pannal ; besides, it is a rule in Law quod testibus non testimoniis credendum, , nor especially testimonio injur ato, as these are. Answered by Advocate— That this deposition extracted from the books of the Presbitrie is judicial, albeit not judi¬ cium civile, and sua must make faith ; besides the deposition emitted by them before the Justices Commissionat be the Council is judicial, and was taken upon oath. Another article was proven by the deposition of one witness emitted before the Presbitrie of Dunce, and signed be the Ministers. s Severals depone as to her being bruited and repute a witch for upwards of forty years past. . TIle Pannal s lawyers objected against receiving any depo¬ sitions adduced in Melross or Achison’s tryal, nor any other evidence not ledd in face in Court. The assyse found her guilty, culpable, and convict of most of the points of Dittay, particularlie of being in company ivith the two witches Melross or Achison, and their meeting with the devil at the Doune-hill of Spott, at a place called 10 Maiden s loup ; and of her keeping companie with the witch who was seen come out of the roof of her house in the likeness of a catt, and thereafter re-assuming her own shape. Item, of her being a comon witch and sorcerer for rortie years bygone. She was sentenced to be woryt at a staik,i and thereafter burnt to ashes in the Castle-hill. 1 This was the ordinary punishment. Cruelty and superstition seem to 48 TRIAL OF ISOBEL YOUNG FOR WITCHCRAFT. have gone hand in hand from the beginning of the world. The following case of an execution for witchcraft in uncivilized South Africa, taken from a newspaper (Dec. 1843), horrible as it is, is hardly more blameable than the judicial murders for the same imaginary offeuce in civilized Europe two centuries before: — “ It appears that Macomo's son, Kono, was sick ; the usual course was pursued in such cases, and a witch doctor was consulted to ascertain the individual from whose evil influence he was suffering; and as is also usual under such circumstances, a man of property, and by reputation a coura¬ geous man of Macomo’s tribe, was selected and condemned to forfeit his life for his alleged crime — unheard, and without the slightest opportunity being afforded him of asserting, still less proving his innocence; it was sufficient that the doctor had said he was guilty — he must die ! Accord¬ ingly, to prevent his being made acquainted by his friends of his awful situation, a party of men left Macomo's kraal early in the morning to secure the recovery of the sick young chief, by murdering one of his father's subjects. The day selected for the immolation appears to have been a sort of gala day with the unconscious victim ; he was in his kraal, had just accomplished the slaughter of one of his cattle, and was merrily contemplating the convivial duties of the day before him, over which he thought himself about to preside ; the arrival, therefore, of a party of men from the ‘ great place' gave no other concern than what part of the slaughtered animal he should give them. He looked upon them as his guests ; but, alas ! he was too soon undeceived ! The party seized him in his kraal, whither he had gone of course unarmed ; when he found he was secured, and felt the reim about his neck, he calmly said — ‘ It is my misfortune to be caught unarmed, or it should not be so.’ He was then ordered to produce the matter with which he had be¬ witched his chief’s son ; he replied — ‘ I have no bewitching matter that I know of, other than the body you have seized — I have twice smelt out before — no bewitching matter has been found, and I am not conscious of having secreted any — any person alone can possess the evil influence, therefore destroy it, but do it quickly, if my chief has already consented to death.’ His executioners expressed their determination to torture him until he produced it. He replied — ‘ Save yourselves the trouble, for torture me as you will, I can never produce what I do not possess.’ He wras then held to the ground and several men now pierced his body all over with Kafir needles two or three inches deep. The victim bore this with extraordinary resolution ; his tormentors tired, complained of the pain it gave their hands, and of the needles or skewTers bending. I»y this time a large fire was kindled, into which large square stones were placed to heat. The sufferer was then ordered to stand up. He complied. They pointed out to him the fire, telling him it was for his torture, unless he produced the bewitching matter. He replied — ‘ I told you the truth when I said — Save yourselves such trouble, it is my misfortune, not my crime. As regards the hot stones, I can bear them, for I am innocent. I feel no more apprehension than I should at sitting comfortably in my house — (here he described a particular position Kafirs are fond of sitting in). I would beseech you to strangle me at once, but that you will say I shrink at what you are about to do to me. If, however, your object is merely that of extorting confession from me, save yourselves the trouble and kill me outright, for your hot stones do not scare me.’ Here his Avife, 49 TRIAL OF ISOBEL YOUNG FOR WITCHCRAFT. who had also been seized, was stripped perfectly naked, and most cruelly eaten and otherwise ill-treated. The victim was then led to the fire, where he was laid on his back, with his feet and arms tied to pegs driven into the ground for the purpose ; the stones being by this time as hot as they could be made, were taken out of the fire and placed upon his grom, stomach, and chest ; these were supported by others on each side ot him also heated, and pressed against his body. It is impossible to de¬ scribe the awful effect of this process— we must leave the scorching and broiling of the body— the fumes of smoke and occasional flashes of flame arising therefrom, to the imagination of our readers— the very stones, as it refusing to be made further instruments of such cruelty, slipped off’the body in consequence of the unctuous matter they drew from it, and were kept on by bemg pressed down with sticks by the fiendish executioners W ith all this, the sufferer still remained sensible ; he was asked whether he wished to be released to discover his hidden charm, he replied ‘ He lease me ’ They did so, fully expecting they had vanquished his reso- ution To the amazement of all he stood up ; but what a sight ! a human being broiled alive, his flesh hanging in large pieces from his body like the seared hide of an ox. He composedly asked his tormentors, ‘ what do you wish me to do now ?’ They repeated their original demand. He resolutely adhered to his declaration of innocence, and begged of them now that they appeared tired of their labour, to shorten it, and put him out of his misery. The noose of the reim round his neck, which had been hitherto secured from slipping by a knot, was released ; and while the heroic sufferer was still standing, it was violently jerked by several men, until he fell, when he was dragged about the ground until they were satisfied, and finally placed their feet on the back of his neck, they drew the noose so tight as to complete the strangulation — then, as if not yet satisfied that so brave a man had ceased to be, he was taken to his own house, tied to one of the supporting poles of it, the house set on fire, and the body burnt to ashes ! Thus died a man whose extraordinary fortitude and endurance deserved a better fate. His sufferings commenced about ten a. m. and terminated with his existence a little before sunset.” Several unfortunate persons were worried “ at ane staik and brunt in asses,” in the remote regions of Orkney from 1624 to 1643. One unfortu¬ nate wretch, Katharine Craigie, who had been absolved on one indictment on the 16th June 1640, was again brought to trial three years afterwards, convicted, and suffered the ordinary punishment. The principal charge against her was curing sick people by certain charms. OneTliomas Corse was cured in this way. She took three stones and placed them in water • she next washed her patient, who was then in a state of insensibility The first washing producing little effect, the three stones were again immersed and upon a third experiment. Corse recovered. Another time, Thomas' Irving being brought to Janet Sclater, a neighbour’s house, insensible unlucky Katharine declared that it was the “ sea trow or spirit that was lying upon him.” The three stones were then brought, and laid on three corners ot the house from morning till evening • they were then put behind the door all night, and by times in the morning thev YOL. II. A J 50 TRIAL OF ISOBEL YOUNG FOR WITCHCRAFT. took them up and put them in a vessel of water, and whilst there Janet heard them “ churm and chirle.” All this was repeated three days. On the third time of application Thomas recovered a little, and when night came, Katherine ordered him to rise and follow her to the sea shore, during which time, and till his return, he was not to speak, lie observed her orders, and when they arrived at the shore, she took “ three loofull1 of water” and threw them over his head. This important ceremony being over, he returned to the place from whence he came, before any of the inmates were out of bed, and thereafter gradually recovered from his illness. The second charge against her, was having uttered some threatening words against Henry Jonstoun and Essen Corse, whereupon the one died the year afterwards, and the other was drowned. In the years 1669 and 1670 the Kingdom of Sweden was infected with the witchcraft mania, and a great number of persons were burnt on the occasion. The Rev. Anthony Horneck, D. D., in 1682 translated an account of this matter from the High Dutch, to which he has prefixed a preface of some interest. From this it would appear that the King of Sweden was not quite satisfied on the subject of the guilt of the parties who had suffered ; for the Duke of Holstein having sent expressly to know the truth, his Majesty answered— “That his Judges and Commissioners had caused divers men, women, and children to be burnt and executed upon such pregnant evidence as were brought before them ; but whether the actions they confessed, and which were brought against them, were real, or only effects of a strong imagination, he was not as yet able to determine.” 1 Handfulls. TRIAL OF AGNES FINNIE FOR WITCHCRAFT. 18th December 1664. T II I A L OF AGNES FINNIE,i GNES FINNIE, indweller in the Poteraw of Edinburgh, indyted for witchcraft. The indytement consists of 20 articles. 1°. That for many years she was in use m use by sorcerie to lay on and take off grievous diseases and sickness of people, particularly about 11 years bygane, having conceived a devilish malice against William Fairlie, a youth about 19, son to Fairlie of Braide, for nick¬ naming her Annie Winnie ; she threatned he should go halting hame, and coming by her house he was the next day seized with a disease that took away the power of his left side which continued for a year, so that the substance of Ins body came out at his cute, and of which he dyed, put¬ ting his death on her. 2d0. That having threatned Beatrix Nisbet for not paying her an annual rent of two dollars due by Hector Nisbett her father, that she should dearly buy it, the said Beatrix was seized with a palsie in her tongue, and lost the power o er light side, which disease was occasioned bv her sorceries. 8tl°* About 12 years before, Janet Grintoune having bought two herrings from her, which finding not fresh she refused to take, she thereupon in great rage said to her, “ ga thy ways home, thou shalt never eat more meat,” whereupon 54 TRIAL OF AGNES FINNIE FOR WITCHCRAFT. by her sorcerie she was that night seized with a heavy sick¬ ness, under which she continued a fortnight, and then dyed, putting her death on her. 4t0. About three years before, John Buchannan, a young man being sick of a palsie, she came to see him, and desired his parents to go to another room and pray to God for him, she staying by the young man, and at their return they found him much worse, so that he could neither stirr hand nor foot, and his parents having turned him over, found about the breadth of ane hand as if a collop had been taken out of his buttock, after which he dyed in eight days, occa¬ sioned by her sorcerie, 5t0. That about nine weeks before upon some quarrel be¬ twixt her and Bessie Currie, she in great rage tlireatned that she should gar the Devil take a bite of her. 6t0. — That by her sorcerie she had laid a heavie sweating on John Buchannan, husband to the above-named Bessie, for threatning to throw her over the staire, and to have her burnt for a witch. Upon which she said she would make him repent his speeches, and he coming to the said Agnes, tlireatned, if he continued another night in that condition, all the toune should hear of it. Whereupon he was relieved of his illness. 7mo. — That upon some angry words spoken to her about Lamass last by the said John Buchannan, she said to him, that as he had begun with witches, so he should end with them, whereupon, by her sorcerie, he was again seized with violent sweatings, which continued seven or eight weeks. gv° — That in August 1643, Eupheme Kincaide owing her some money, and some words passing betwixt them, Eupheme called her a witch ; to which she replyed, “ If I am one, you or yours shall have better cause to call me so,11 whereupon, within two days, Janet Fairlie, Eupheme’s daughter, playing in the Horse Wynd, a jeast fell upon her leg, and crusht it in peices, occasioned by her sorcerie, and she being told of it, laughed heartilie. 9no. — That in June preceeding, having some difference with Christian Dickson, she, in a great rage, uttered these words — “ The devil ryde about the town with you and all yours and that shortlie thereafter the said Christian’s TRIAL OF AGNES FINNIE FOR WITCHCRAFT. 55 daughter, in her return from Dalkeith, fell and broke her leg, into™ °CCasioned hy lier devilish sorceries and threats.’ 0rao. That about sixteen years bygone, her son-in-law bmng conveened before the Deacon and brethren Cordiners (of which Corporation he was) for some faults, she came to Robert Watt the Deacon’s house, and scolded them ; where¬ upon the Deacon broke a cup he had in his hand over her lead, who thereafter, by her sorceries and witchcraft, fell mto povertie ; and meeting him several years thereafter, she askt him if lie remembered the breaking the cup over ier head, adding that he had never thriven since, nor should do till she got amends of him, and she thereafter being re- " Wlth him’ he grew better in his circumstances. lln °* -^at Catharine Harlaw was bewitched by her with severe sweatings, for sending back a plack’s worth of salt, as not penme-worth enough, whereupon she threatned it should be dear salt, and within forty-three hours she was seized with the said distemper, but upon their being recon¬ ciled she recovered. 12to. That she, by her sorcerie, was the occasion of Robert Sympson’s breaking his leg, in so far as, having some difference with his wife, she said that before eight days she should have a doleful heart, which accordingly fell out as said is. & J lo110. That about two years bygane John Robertson, who had newly come from Holland, where he had been several years, and seeing her, said— “ What now, Annie the witch, are ye living ?” to which she answered, “ What rack, John, what say ye?” and he was soon thereafter seized with a grievous disease under which he yet labours. ;14A— There being some discord betwixt her daughter laig . Robertson and John Cockburn a weaver one night, John Cockburn, who had gone to bed, awaked, and tho’ the door and windows were shutt, ho saw her and her daughter sitting on his bedside rugging his breast, which put him in a fearful fright, and made him cry out, “ God be in this house, I see you both well enough,” and his wife and pren¬ tice awakening heard him cry this several times, which was either the Devil or they brought thither by his arts and help. 15t0. That William Smith having pawned some goods to her for some money he had borrowed, which goods were 50 TRIAL OF AGNES FINNIE FOR WITCHCRAFT. of much greater value then the money, she, by her sorceries, to disable him from redeeming them, had occasioned his worldly goods to vanish from him and to impoverish him. 16t0. — That three years before she had, by her sorcerie, laid a grievous sickness, palsie, and feaver on J anet W alker, which continued many weeks, which, at her sister’s earnest intreatie, she took off her, so that she recovered. 17mo. — That some years before, she had conceived a hatred at Alexr. Johnstoune a neighbour, for not giving her the name of his bairn, and therefore laid a heavy sickness upon him, which continued several months, which sickness was taken off him by her sorceries. 18vo. — That having a controversie with Margaret William¬ son, she in a rage bad the Devil blaw her bluid, after which the said Margaret contracted a heavy sickness, and lost her left eye, occasioned by her sorceries and witchcraft. l£no. — That her daughter falling out with Andrew Wilson’s wife, whom she abused, her husband called her a witche’s gett ; upon which her daughter bad the Devil rive the saul out of him, and that within ane hour after, he was taken with a frenzie, still crying out these words, “ the Devil rive the saul out of him,” which was occasioned by her sorcerie. 9Qm°. — That s}ie contest before the Kirk-Session, that for twenty-eight years past she has been defamed for a witch. Andfarder, thir twenty- aucht years bygone she was averred to have had continual society and company with the Devil, her master, by consulting with him for the laying on and taking off diverse sickness and diseases at diverse times, als well on men, women, and children as bestials, whilk is notoriously known, likeas she had confessed herself at her first examination before the South-west Ivirk-Session of Edinburgh that she had been comonly called ane rank witch thir twenty-eight years bygane or thereby ; and had been sua defamed, repute, and called during the space foresaid. She was convicted in part of the charges against her, and sentenced to be burnt as guilty of witchcraft and sorcerie.1 1 There was a learned argument upon the relevancy, but it was, as may be supposed, unsuccessful. The jury, says Pitmedden, was composed “ of cordiners, talzeors, and other inhabitants of the Potterraw,” where she lived. Sir George Mackenzie notices this case, and concurs in thinking, with Pitmedden, that the sentence was hard. NOTES OF CASES OF WITCHCRAFT, SORCERY, &c. 1629-1662. FROM THE BOOKS OF ADJOURNAL. As there is so much sameness in trials for witchcraft and sorcery, it was thought better to give a short abstract of such cases as appeared worthy of notice, instead of overloading the pages with matter of forms and useless repetition. Accordingly, although the following notes may be characterized as brief, they contain every thing worthy of preservation in the different instances referred, and present a tolerably vivid picture of the miserable superstitions that trammelled the minds of judges and juries during the period to which they are referable. The most inexplicable thing connected with these prosecutions is, the confession of guilt made in a great mass of cases by the party accused. That persons could bring themselves to a belief that they had the power of punishing those who had offended them— that they could cure as well as cause diseases — that they could raise whirlwinds, and so on — and that such powers would be believed even by those that ought to have known better, is conceivable enough. But when these parties speak to the actual presence of Satan — describe him accurately — point oiit their places of meeting, and make admissions of a description which can only be here alluded to, it is assuredly not so easy to offer anything like a reasonable explanation. In one particular, his Satanic Majesty seems to liavehad a very strange taste ; the ladies whom he had delighted to honour were in almost every instance not distinguished for youth or personal beauty — indeed, the older and uglier they were the greater favourites they seem to have been. In no one instance do we find a blooming demoiselle of eighteen or twenty figuring at the bar of the High Court as a witch or sorceress. In modern times the tables have been turned, for the young ladies are the witches — not the old ones. Probably the only solution of this puzzle is, that the parties were at the time subject to partial insanity, and that in reference to their super¬ natural powers, they laboured under what is now designated as mono¬ mania. But indeed, as regards popular delusions, modern times have no great cause for triumph over the times that are past, more especially when the names of Joanna Southcote and the pseudo Courtenay are mentioned. Neither can it be disputed that the grossest superstition still lurks in many “ high- ways ” as well as “ bye- ways ” of the “ best and wisest nation” in the world. For example, take the following extract from the Courier of the 28th February 1834, said to be copied from the Monmouth Merlin: — “ In a town in the Forest of Dean, lately occurred the following incident. The pigs of certain individuals, not of the lowest class, having committed sundry vagaries, were set down 00 by the owners as under the influence of witchcraft. The owners pre¬ pared a charm to discover the operator of the enchantment, and to counteract its influence. For this purpose they killed one, took out its heart, which they stuffed with pins and thorns, and then laid it on the fire under the cinders. Scarcely had the heart began to roast, when in rushed au old woman of the neighbourhood — her hair dishevelled — her cheek flushed — and her whole face streaming with perspiration — who forthwith began to enquire about the pigs, and vehemently to disclaim having touched them. This satisfactory test at once decided that the old woman was a witch ; but the injured owners of the pigs were in too much awe of her powers to revenge themselves by violent means upon her. At her request she was allowed to see the enchanted pigs, when the old dame blessed and passed her own hands over them and retired, since which, it is said, the animals have recovered.” Of course, the authenticity of this story cannot be taken for granted; but its truth is probable enough, for amongst the peasantry, in many parts of the country, a belief in witchcraft still exists, and the writer of this note heard not many years since a recipe for the cure of bewitched animals, * pretty much of the nature of that above noticed. NOTES OF CASES OF WITCHCRAFT, SORCERY, &c. OVEMBER 3, 1629.— Katherine Oswald, spouse to Robert Achison, in Niddry, indyted for Witchcraft. The Dittay contains — First , A general allegation of her being habite and repute a witch, and defamed as such by Elizabeth Steven, commonly called Toppoch, who, at her death for that crime, declared the pannal as guiltie as herself, and that she was with her at the Pans, with other witches, using the devilish charms, the night of the great storm in the borrowing days, anno 1625. She was also delaitit as a witch by Alexander Hamilton, under prosecution for the said crime, who declares she was with him and other witches and warlocks between Niddrie and Edmonstoune, where they met with the devil, who had carnal dealing with her. Item, that she was a common user of devilish charms and inchantments, for takmg off, and laying on diseases, both on men and beasts. The 2d Article of Dittay is her bewitching John Nisbett’s cow, so that she gave blood instead of milk. Also her threatning those who disobliged her, after which some lost their cows by running mad, and others had their kilns burnt. Also her numerous cures ; particularly one of a lad who she cured of the trembling feaver, by plucking up a nettle by the root, throwing it on the hie gate, and passing on the crosse of it, and returning home, all which must be done before sun rising ; to repeat this for three several mornings, which being done, he recovered. Convicted. Worried at a stake and burnt. 62 NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. January- 22, 1630. — Alexander Hamilton, warlok, indy ted of sorcerie. This Dittay contains the history of his becom¬ ing a warlock. He met the devil, in the likeness of a black man, upon Kingstoun Hills in East Lothian, who engaged him to become his servant, and trysted him again at Gair- netounehills, where he again met him about twelve at night riding on a black horse, where he renewed his promise of becoming his bondsman, and at same time renounced his baptism. The devil then gave him four shillings sterling, and bid him, whenever he wanted him, beat the ground thrice with a fir stick, which the pannel had then in his hand, saying — “ Rise up, foul thief.” He promised that the pannel should never want. The pannel thereafter frequently called him up, and the devil appeared sometimes in the likeness of a corbie, at others of a cat or dog, and gave him responses. When the devil departed, he was in use of throwing after him a quick cat or dog, or any other beast he could get.1 That by the devil’s assistance he hurt those that injured him, particularly Provost Cockburn, whose miln, full of corn, was burnt by the following charm, viz. — Pulling out three stalks of corn from the Provost’s stacks, and burning them on Gairnetoune Hill. He cured Thomas Home, in Clerkington, by a receipt from the devil, who, when called, appeared as a corbie, and told him to take some oyl of speek2 and heart’s grease, and anoint the sick man with it. Elizabeth Lawson, Lady Ormestoune, younger, having incurred his displeasure for refusing him an amarie, and calling him lustroune carle, he, with two witches, raised the devil in Salton Wood, who appearing like a man in gray, gave him the bottom of blue due, and bid them lay it at the ladies door, which having been done, the lady and her eldest daughter soon after died. The devil frequently met him in company with Katherine Oswald and other witches, and once beat him very severely with a baton for not keeping an appointment. Convicted upon his own confession, and sentenced to be worried at a stake and burnt. July 23, 1632. — Alison Nisbet, in Hiltoun, indy ted for 1 As a tit bit, it is presumed. 2 Oil of Spikenard. — See Mark xiv. 3. NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. 6*3 sorceries and witchcraft. She was accused of curing a woman, by taking a pail with hott water and bathing the patients leggs, and putting her fingers into the pan and running thrice round the woman’s bed widdershins, uttering certain words m an unknown language, and also these words— Ihe bones to the fire, and the soul to the devill thereby putting her disease on another woman, who died in twenty-four hours. Besides repeatedly transferring diseases from one person to another, she is stated, in one instance, to have put enchanted water in the threshold of a house, by which a servant, whom she disliked, by passing over the threshold was bewitched, and died instantlie. Added to which, she confessed having been guilty of adultery, by bearing a child to a married man. Convicted. Worried and burnt. January 11 1633.— Sir John Colquhoun of Liiss.i and Ihomas Carlips, a German, his servant, were accused of consulting with necromancers and sorcerers, and incest contrary to the 73d Act of Parliament, 9 Queen Mary, and ^ t m ”h,ament’ 1 James VI- Luss was married to Lady Ldias Grahame, the Earl of Montrose’s eldest daughter. Ihe Earl being dead, the Lady Luss brought home Lady Katherine, her second sister, when Luss, unmindful of all law, fell m love with the Lady Katherine, and not obtaining any return, he consulted with Carlips his man, who was jl negr°mancer,r’ and with certain witches and sorcerers iow to gain Ins point. They gave him sundry philtres and other nnpoysoned and inchanted tokens of love and especially a jewell of gold, set with rubies and diamonds, liie latter seems to have removed all Lady Katherine’s scruples, as she fled with Sir John from Scotland, and leached London in safety, apparently accompanied by the negromancer,” as neither one or other appeared to answer the indictment, and they were both denounced rebels, and put to the horn. Vr ,be“ Sir Jolm who was created a dated ,1. S” a- Ij-:' patent t0 him “'i'1 his heirs-male whatsoever, dated the penult day of August IG25. He was a zealous adherent o( ailes 1., and was fined in 1654, by Oliver Cromwell, the large sum for Sr* BV lhe LadV Li,iM Graha”e * 1'a'1 a-S. sons and 64 NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. 4th June 1634. — The Lord Advocate, and Home of Aytoun and John Ramsay of Edintoun, his informers, against Elizabeth Bathgate, spouse to Alexander Pae, maltman in Eymouth, for sorcerie. The following charges were exhibited against her : — 1. George Sprot, webster in Eymouth, who had some cloth belonging to the pannel, keeping it longer than she expected, she came and violently took it from him, promising to do him an ill turn. She accordingly came one morning to his house when he was from home, and his wife was in bed with his bairn, and nipped the latter in the thigh till it skirled — of which nip the infant never convalesced, but dwined away and died. That Sprot’ s wife having given the bairn ane egg that came from the panneFs house, a lump struck out about the size of a goose egg, that continued in the bairn till it died, and was occasioned by the enchanted egg. 2. She also threatened Sprot that he should never get his Sundayes meat to the fore by his work, which by her sorcery came to pass, as he fell into extream poverty. 3. One William Donaldsone having called her a witch, and she running after him to strike him for it, and he out¬ running her, she cried out in a fury — “ Well, Sir, the devill be in your feet,” whereupon he straight grew an “ impotent cripple.” 4. For laying a previous sicknesse on John Gray’s bairn. 5. Margaret Home, spouse to Mr George Auchterlonie, came to the pannel’s husband to borrow L.6 (Scots) from him to help her to buy a horse, with some more she had of her own, which the pannel not only diswaded her husband from doing, but went to the door where the horse stood, and threatened that it should never doe any good, where¬ upon it sweat to death. 0. The same person having again come to borrow L.17 (Scots) to buy ane ox, she opposed the loan vehemently, and when, notwithstanding, he lent the money, she bewitched the cow till it wasted to death, and the night it died there was seen a woman dancing on the rigging of the byre. 7. This woman having got a farther loan from the panneFs husband to buy a horse, the pannel, who had opposed the loan, caused the horse run mad by her witchcraft. NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. 05 o. That she was at a solemn meeting with certain witches, the devil presiding— she desired them to go and cast down Auchterlonie’s barn; and that one Elspeth Willsone, a witch that was with them, desired them not to doe it, whereon s le went herself, and cast it down herself, and smoored some cattle in it. 9. That she used conjurations, and ran withershinns* in the Mill of Eymout. 10. For laying a grievous sickness on Steven Allane, and destroying his cattle. 11. That she was seen by two young men at 12 hours at even standing bare legged, and in her sark-vallie-coat,2 at the back of her yard, conferring with the devil, who was in green cloathes ; and when they bad her God speed, he nor she spoke not — when the one said to the other _ “ God save us, what does the woman here at this tyme of the mg it i The other replied— “ let her alone, she is called not lucky.” 12. That she largely entertained Margaret Ballanie, a witch apprehended at Aytoun, not to dilate her; neverthe- ess, Margaret, before her conviction, styled the pannel “ a sicker witch.” IS For, with other witches, burning the Miln of Eymout. 14. For killing David Hynd, who was watching the boat the time of the herring drave on the sands of Eymout. i • 7, laid a h°rse slloe in a secret Part of the door which the devil gave her, assuring her, so long as it lay there, all her business within doors should prosper 10. That William Mairns, a notorious warlock, and who being to be tryed, put hands on himself at the devil’s instigation, declared that the pannel was a witch, and that he had been att severall of their assemblies. 17. That shee and other witches were conveyed into therein ^ Which the? Sank’ with several persons lo. The pannel being confronted with other witches, thev avowed to her face that she was with them when the shin was cast away. A somewhat amusing debate followed upon the relevancy which is given at some length. ^ 1 Terr7 way to the coi,rse °f the sun- 2 Fia,mei °r « 66 NOTES OE CASES OF WITCHCRAFT, SORCERY, ETC. In objecting to the two last charges, the panneFs counsel contended — That the sinking of the ship looked like a dream and idle vision, rather than a serious article of a criminal indictment, neither condescending on the time when, and the means by which, the ship cast away, not even so much as a pretended raising a storm, or the witches being seen flying about like crows round the ship. However, the 1st, 3d, 4th, 5th, and 6th Articles were found relevant ; the 8th Article relevant, taken conjunctive ; the 10th relevant, with this advyce to the Jury, to cognosce on the tyme of committing the cryme ; 13th relevant ; 14th, remits it to the assise, and finds it relevant, as art and part of the murder of the said David — to find if he was murdered at the time, and in the manner libelled ; 17th and 18th relevant ; Articles 2, 7, 9, 11, 12, 15, and 16, irrelevant. She was, after a long trial, acquitted. 24th November 1643. — John Brugh, accused of sorcerie and witchcraft. This man was said to have been a servant of his Satanic Majesty for thirty-six years, and by his means effected a variety of cures, both of people and cattle. One Levingstone’s cattle being diseased, he put two enchanted stones in a tub full of water, and sprinkled them therewith, but one of them being past recovery, he buried it alive, and made the remainder pass over the grave, by which operation they were effectually cured. The cattle of another man called Hutton were also cured by using these words thrice, “ God put them in their own place,” and giving each a choppin of new lettengo wort. He was also in the use of taking up dead bodies, and employing the flesh for enchant¬ ments. Lastly, he was so depraved as to “ fyle” himself with witches. He was found guilty, worried at a stake, and then burnt to ashes. 28th December. — Janet Barker and Margaret Lauder, servants in Edinburgh, accused of witchcraft and sorcerie. The facts relative to Barker were, that she engaged to serve the devil ; that she had cured a young man who had been bewitched by another, by putting upon him a white plaidine wastecoat, which his infernal Majesty gave her, and NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. 67 by placing a black card, a gift of the same high personage imder his door ; that she submitted to the commands of the idevil, who was heavy like an ox. While in prison, he appeared to her in the shape of a dog, and forbad her to confess She had the usual mark on the left shoulder, which enabled one James Scober, a skilful pricker of witches, o nd her out by putting a large pin into it, which she never felt. At certain parties made in compliment to the ( ’ le condescended to drink beer with the company. Lauder frequently met the devil— once he appeared as a iougi calf, and at another time as a trim gentleman. To please him, she renounced her baptism, and promised to become his servant. She confessed all this to the magis¬ trates and ministers of Edinburgh, but denied them on her trial. Convicted. Woried and burnt. Feb 5, 1656J— John MAVilliam Sclater was convicted of witchcraft. He had made a paction with the devil, who appeared as a Highlandman, [with a kilt ?] and gave him power to cure diseases and to impose them. He was appointed cloak-bearer to his Satanic Majesty, and attended him to a very considerable meeting in an old house near Castle Semple, where a splendid feast was prepared, which P eased. tlle r°yal vlsltor so much, that he complimented his entertainers for their hospitality, and endearingly addressed them as “ his bairns.” He was, as usual, sentenced to be woried and burnt. k eb. 2, 1058. Margaret Anderson, convicted of witch- 1 W.6 j!3;™’ from the Mercurius Politicus, that in Cornwall there was a wonderful discovery of witchcraft. From Myloh in Cornwall, Nov. 23, 1653.-“ We have a strand dis- coyery of witches about the Land’s End. One of them being taxed of wi chcraft by a neighbour, she instantly got a warrant from Major Ceely to call the party before him, who came, and by evidences made it apparent ns vie cli being discovered, she discovers others. Eight of them are sent to Lancaster, and seven were in durance. One is a black witch who confesseth her cruelties in having caused the death of men, women c u dren, and cattel. ’ The other was a white witch, who, unlike her black ^ was benevolently inclined, inasmuch as she cured people in place ot kiUm? them, and unwitched” many who had suffered by the black lady. She imputed her power “ to God’s Spirit ; a dove came to her once a ) ear, and upon its presence her skill was renewed.” 158 NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. craft, and making a paction with the devil, upon her own confession, before the ministers of Haddington. Subsequently she retracted her confession, on the ground that she was distracted — which seems pretty plain — when she made it. This, however, the Court disregarded, and upon the deposition of the clergyman, that she was quite sound in her mind when she made the confession, a verdict was given against her, and she was “ worried and burnt.” Upon the same day, John Carse was convicted of witch¬ craft. He was, solito more , sentenced to be strangled and burnt. August 3, 1G58. — Margaret Taylor, Janet Black, Kathe¬ rine Rany, and Bessie Paton, all convicted of witchcraft. Strangled and burnt. March 1, 1G59. — Bessie Luost and other four women con¬ victed of witchcraft by their own confession. Strangled and burnt. They are called the Stentoun witches. May 3, - . — John Douglas, and eight women, in Tranent, convicted of witchcraft. Strangled and burnt. Amongst other charges were the following : — Having the devil’s mark — renouncing their baptism — taking new names — coitus cum diabolo — having merry meetings with Satan, enlivened by music and dancing. Douglas was the pyper, and the two favourite airs of his majesty were — “ Kilt tliy coat, Maggie, And come thy way with me.” And — “ Hulie the bed will fa’.” The parties accused confessed most of the facts.1 3d August IG61. — Elspeth Graham and other five women indy ted for witchcraft. 1 Numerous cases of witchcraft were disposed of at the Circuit Court at Dumfries ; nine women were convicted, strangled, and burnt. Bessie Stevenson was (March 2) convicted of witchcraft, strangled and burnt, &c_ NOTES OE CASES OF WITCHCRAFT, SORCERY, ETC. 69 'lliey all confest the crime except Christian Wilson. ie sum of the evidence against her was— That she had curst one James Clerk, and that he dyed the next day after. A fm, 1 *cre bavin£ been some difference betwixt her brother exan er Wilson, that she told one of the witnesses she had been his death, and there being a wound in his cheek, several persons toutcht the wound and it did not bleed, but upon the said Christian her toutching, the’ but slightlie, it f * °Ut. °f, blood’ Another deponed that her brother told iei that he had killed Christian’s hen, and heard him say that there was a lanthorn glowing in his face like a catt. (Christian was nicknamed the Lanterne), and that there nas a big ratt that leaped on him before all the people in the house, and would not go off. Nola.— This woman was admitted only cum nota, as i cpomng on facts said to be done against her own brother. the lybell likeways sets forth, that she had threatned C eik s wife that she should soon be childless ; shortlie after winch both the child and Clerk dyed ; and that she had likewise threatned the said Clerk. As likewise, that she had conceived a hatred against her own brother, and threatned to do him a mischief, and was the cause of his death by her sorceries and witchcraft, he haveing been in good health at three in the afternoon, and found dead in his own house at five, with no other apearance of hurt but his ace scratcht, tho’ no blood apeared ; and when she was toToftch t° T,I,ing,yj *° See the dead b0d^ to ton ch it, she prayed that God might, by some visible sign, discover the murderer, whereupon she havin* but ightly toutcht the hurt on his face, it did gulph out blood to . e. surprise of all the beholders, tho’ others having toutcht it before it did not bleed. Item, That one Richardson t. ™gf,kl ed her ben’ sho threatned him mischief, and soon t heieafter lie took to bed, and often crved out that she stood before him like a catt, and he dyed in a few days. The june brought in Christian Wilson guiltv, as well as the others who had confest, whereupon sho had the ordinary judgment pronounced.! 1 The reader will learn afterwards (see confessions were procured. pages .00 .91 ), in what wav 70 NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. Aug. 7, 1061. — Margaret Bryson and other five women convicted, strangled and burnt for witchcraft. 20. — Janet Kerr and other four women indicted for witch¬ craft. Isobel Ramsay acknowledged that she had got a dollar from the devil, who appeared in the likeness of her own husband, which thereafter turned into a slate stone. Strange to say, the Judges found this confession relevant, hut remitted her case with the rest to a jury. Margaret Hutcheson, one of the company, denied the accusation. One woman deposed against her that she came into her house in the middle of the night, through the door, which was locked, and sat down by the fire and combed her head. This she repeated several nights ; at last she came to the bed side and touched the witnesses head, where her child was then sucking, whereupon the child, which had been previously in excellent health, died. There being no cor¬ roborative testimony, the jury acquitted her, but convicted Isobel Ramsay, against whom there was nothing beyond her own admission as to the dollar, and that she had laimed William Porteous’s daughter, wishing she might never have power of lith and limb, and that within a few days there¬ after she lost the power of her body, and died distracted. Aug. 21. — Margaret Hutchinson was of new indicted. The accusation was, that having quarrelled with her servant maid, Catherine Wardlaw, she threatened she should repent, and in the evening the woman fell into a fit, for which she blamed her mistiness, who consoled her, by telling she should not die this time, and transferred the disease instantly upon the house cat, who was soon after found dead near the servant’s bed. That at another time she had bewitched a maid for lifting her webbs out of the place where they lay, and the maid had a strange pain in her head for two or three days ! ! She was also charged as habit and repute a witch. The Judges actually found the first charge per se relevant ! The only proof against her was the maid, who told her story as stated in the indictment — a witness who saw her ill and the cat dead — and the young laird of Duddingston, who deponed that a witch who had lately suffered for NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. 71 sorcery had mentioned that Hutchinson was as great a witch as herself, and had attended several of the devil’s select parties. Upon this she was found guilty, strangled and burnt. Sep. 10. Janet Cock, indicted for witchcraft and acquitted ; but upon the 11th November thereafter she was of new accused, and particularly for having bewitched James Bold, who had thrown a stone at her ducks, for which she threat¬ ened him ; and that day he fell ill, and lost the power of his body under the waist, and continued in that state for several days, until he entreated her to cure him, which she l ! ’ ' gtipping him round the waist, and applying some black wool to the affected parts. Bold s illness and recovery were proved, but one of the vvitnesses swore that the pannel was thought a woman of skill and that she told Bold he was ill of a cold, and recom¬ mended the application of olive oil and wool— no irrational remedy if the disease was a rheumatic affection of the loins ,e ™ found guilty by a plurality, and suffered accord¬ ingly at Dalkeith. Jan. 2/, lb'62.— Agnes Williamson in Samuelston, indicted for witchcraft.1 2 1. F or being heard near a neighbour house m the night, crying, “ Aha, aha,” and next morning his horse was found with a bit cut out of its lip ; whereupon in a few days the animal died. 2. Having borrowed a forpett of meal from one of her neighbours, she did, by her enchant¬ ments, take the “ fissan”2 out of the rest. 3. For raising a whirlwind, and thereby throwing her neighbour Carfrae in the water, where he saw her and several other women since burnt as witches, she all the time crying out — “ make away with him, for he was never good to his mother.” 4 Threading a neighbour he should loose 500 merks, and thereupon, by sorcery, setting fire to his malt kiln. 5. f hreatemng another person, and his house shortly after took fire, without any visible cause. 6. Sitting by one of her 1 About this time the Court seems to have got a new light about witchcraft ; and one James Welsh (17th Feb.) was ordered to be whipt thiough the city, and to be put in the Correction-House for a year for accusing various persons of witchcraft. 2 Strength. 72 NOTES OF CASES OF WITCHCRAFT, SORCERY, ETC. neighbour’s firesides in the middle of the night, and the goodman of the house having risen to beat her, she escaped, and next morning his child was found dead. 7. Coitus cum diabolo. 8. Renouncing her baptism, and taking the new name of “ Nannie Luckfoot,” by desire of the devil, who came to see her in the shape of a man, & c. &c. &c. She was confronted with several penitent witches, who said she had been at several meetings with them. The jury, to their immortal honour, acquitted her of all charges, except being habit and repute.1 1 Sir Andrew Birnie, Advocate-Depute, appeared for the Crown, and Mr Nathaniel Fife for the accused. DIURNAL OF OCCURRENCES CHIEFLY IN SCOTLAND, COMMENCING 21st AUGUST 1652. DIURNAL OF OCCURRENCES IN SCOTLAND. ROM Leith, August 21st 1652.1 — Here is very little news at present. What we have from the Northern Highlands is this — That Captain Powell (of Lieut.-Gen. Monke’s late regiment) Governor of the Bray of Marre and Ruthuen’s Castles, lately going with a party and provi¬ sions from Ruthuen to Marre, a broken partie of the Lough- aberans, or other Highlanders, waylaid him ; but receiving notice his party were too considerable, they drew off undis¬ covered, and continued thereabout, untill twelve of that party returning back to Ruthuen, their garrison, these broken fellowes had designed to ensnare them in a narrow pass which they were to goe in. But such was the resolu¬ tion of the troopers, that they cut their way through them, and recovered safe away. Another party came down and stole some cattell between the Bray of Marr and our campe (which was the 15th inst., at Mirlock, 12 miles from Dun- kell). The country not having time to acquaint Col. Mor¬ gan with it fell resolutely on them, killed divers of them, and took their chiefs prisoners, whom they conveyed to Captain Powell at the Bray of Marre, and thence they were sent by guard to Dun-ottyr Castle. We have heard nothing from the Major-General since he went from Aire to Argile and 1 The scarcity of information relative to Scotland and Scottish affairs, for the ten years preceding the Restoration, makes it important to pre¬ serve every thing that can be made available. With this view the fol¬ lowing extracts, a few of which had previously been appended by Sir Walter Scott to his edition of Glen cairn’s Expedition, have been taken from the very rare volumes of the Mercurius Politicus in the Library of the Faculty of Advocates. 7G DIURNAL OF OCCURRENCES IN SCOTLAND. Cantire. This day the Commissioners from their several counties made their elections of twenty-one men, viz. four¬ teen persons to represent the shires, and seven persons for all the burroughs, who are to make their repair to the Parliament of England, or such places in England as the Parliament shall appoint, upon the first day of October next. From Ayre, August 19. — The Major-General is now about Inerara or Cantire, viewing the several garrisons there. Colonel Alured hath sent from his regiment 135 men to three garrisons, videlicet, Braddock1 in Arran, Loughead, and Tarbut in Cantyre : eight months provision is laid in for them. The Major-General was minded to come this way at his return. Our fortification here goes on fast ; after we get the foundation laid we are very much troubled with water, and have no earth but a shattering sand, that as we dig in one place another place falls upon us ; but we hope before winter come upon us to get all, or most part of the foundation laid. When it is finished it will be a place of as great strength as will be in England or Scotland ; the fresh water well, seven or eight foot deepe, about two parts of it, and the sea and river about the other part. FromEDENBURGH, August 21. — The Deputies of the Shires and Burroghs have made their election of their Deputies who are to go to London, or where the Parliament shall appoint. Their names follow : — For the Shires, Judge Lockhart, the Laird of Orbestone, Judge Swinton, James Lord Carnegie, the Laird of Garthland, Gibson Lord Durie, the Laird of ITeire, the Laird of Riccartoune, the Laird of Rentoune, Stewart Lord Lintoune, the Laird of Glenfarge, the Laird of Garroth, the Laird of Faunichie, and the Laird of St Lenoards. For the Burroughs — J ohn Joussie, Sir Alexander W edderburn, John Milne, George Cullen, Andrew Glen, James Snord, Daniell Wallace. From Vienna, August 15, Stylo Novo, — There are letters hither from the Hague, which say that Charles Stuart hath 1 Broderick. DIURNAL OF OCCURRENCES IN SCOTLAND. 77 been tampered with by some of the Dutch for the bringing him into Holland ; but he hath been expected here rather in Germany, having long solicited the Emperor and Princes in these parts for admission, supposing he may obtain much from the next Generali Diet ; and then, with his hopes of the Netherlands, and the fruits of a generall peace (now strongly labored), his friends say he may make himself a fortune. But these countries have other fish to frie. August 18. — From Inerary in the Western Highlands. — I cannot present you with any thing of worth or weight from these Western Highlands, where is little notable but what is also notorious and abominable. Here are store of impregnible garrisons, viz. high and inaccessable rocks and mountains not to be stormed or taken by battery, the inha¬ bitants are savage, cruell, covetous, and treacherous; the men are proud of their trousis,1 belted plades and bonnets, as a Spaniard is of his high-crowned hat, long cloak, and rapier ; indeed they differ in their pace, for this tells his steps in the pace of a grand paw, whilst that runs like a roe over hill and dale till time stops him. Their women are pure Indian complexions, unparalleled for deformity, their habi¬ tations are like so many inaccessable charnal houses for nasty noysomnesses. W e have garrisoned four of Argyle’s castles, viz. Lough Killarran, Tarbott, Dunstafnage, Dun- otyr : W e are now at Inerara, his starnple-date or imperiall Pallace — a place of some receipt, but of small strength. His Lordship speakes us fair, and we hope to gain his and his people’s subscription to the engagements quilk they seem willing to doe with qualifications ; how ever he hath given it under his hand that he will very shortly in person present himself to the Parliament’s dispose. From Paris, September 4, Stylo Novo. — Monday last, here arrived the Lord Taaf,2 (an Irish man) being returned from 1 Trews. — There is here no mention of the kilt— an omission which militates against the antiquity of that garment. 2 Sir Theobald Taaffe was the eldest son of the first Viscount Taaffe by Anna, daughter of the first Viscount Dillon. He succeeded his father, who died 9th January 1642, as second Viscount, and was constituted, during the course of the Rebellion, General of the Province of Munster DIURNAL OF OCCURRENCES IN SCOTLAND. the Duke of Lorraine, whither he had been sent about the affairs of Charles Stuart ; he had, since his return, had conference with the Duke of Orleans. He saith he left the Cardinall in Lorraine’s army treating with him about the generall peace, he having power from his Majesty of France to that purpose, as the Duke of Lorraine hath from the Spaniard. He lyes now with his army near Troye, in Champagne. Taaf gives out great rumours and hopes of his master Charles. Lieutenant General Middleton1 is now a great adviser of young Stuart. From Leith, August 23. — By letters from the North of Scotland we have intelligence here that 40 sail (or more) of the Holland fleet which rode about Shetland were seen on Monday the 16th instant, 30 leagues from shore by the Scots ship which was taken by the fleet. The master was aboard one of the Admirall’s, there being (as lie said) two — one of Holland, the other of Zealand — the one of 52, the other of 36 guns, commanded by John Tisann. He saith they were making toward their own country with 2 East Indy ships of great burthen, the one of them having lost her main mast in a storm which they had about Shetland, where they confess they lost 5 ships and their company. Their whole fleet are in very great want of provisions, and drink only water. Some seamen conceive they have had which post he lost on the conclusion of the peace with the Irish in 1649 ; hut upon the death of Sir Thomas Lucas, he was made Master of the Ord¬ nance. He fell under the ban of Cromwell, and was excepted by him from pardon for life and estate. On the Restoration he was created Earl of Carlinford by Privy Seal, 17tli June 1661, and by Patent, 26th June 1662, and after some delay was restored to his estates. He died on the 31st December 1677, leaving issue by his first wife M ary, daughter of Sir Nicholas White of Leisclip, six sons and one daughter ; by his second wife, Anne Pershall, he had no family. 1 John Middleton, a pikeman in Hepburn’s regiment in France, originally served the Parliament, and commanded a troop of horse. He contributed so much to the defeat of Montrose at Pliiliphaugh, that the Parliament voted him 25,000 merks. He obtained the appointment of Lieutenant-General of Plorse in 1648 from the Scotish Covenanters — was present at the defeat at Preston, 17tli August 1648, and was cap¬ tured but escaped. He joined Charles II. after his father’s murder, and was, 1st October 1661, created Earl of Middleton, to him and his heirs- rnale bearing the name and arms of Middleton. lie died at Tangeirs in 1673. DIURNAL OF OCCURRENCES IN SCOTLAND. 70 such calms and southerly winds since they were seen, that they cannot be 5 leagues advanced in their voyage, we hear they have taken divers island ships, and the Dolphin of Lon¬ don. They plundered the Scottish skipper of all that he had. From Dalkeith, August 31. — Major- Generali Dean is now withdrawn with his forces out of the Highlands, and came to this place, having left them in as good a condition as could be expected from a people of such a temper, in so short a time. Some of them have given us a tast of their treacherous dispositions, by surprising two of our garrisons in Cantire, called Turbat and Loughhead, and as our men were marching off out of the country, they all rose as one man in those parts, and took up their station at a narrow place which our men were to pass through, as if they meant to intercept them, which ours having intelligence of, resolved notwithstanding to march on, and make their way. But (contrary to expectation) the Highlanders let them pass quietly, pretending that they had heard we were carrying away the Marquis of Argile prisoner, whom our officers have left at his house. This carriage of theirs, as also the surprisall of our gar¬ risons, is totally disclaimed by Argile himself, who hath given it under his hand that he agrees to the making of Scotland a Commonwealth with England, professing that he will be true and faithful to it, as established without a King or House of Lords, and that he \v;ill neither directly or in¬ directly act any thing contrary thereto. Upon these terms hee is left at home with assurance to enjoy his freedom and estate in his own country. From Amsterdam, September 12, Stylo Novo . — Holland and Zealand are not yet agreed about admitting Orange, yet it is controverted high ; nor will this province of Holland lend an ear towards the interest of Charles Stuart. From Edinburgh, September 1. — The Major-General is arrived with conformationof the surprisalof ourtwo garrisons. The Highlanders, when our men were to passe the passe, shewed themselves in arms to the number of 1500, headed and conducted by the nearest of Argile’s friends, and such 80 DIURNAL OR OCCURRENCES IN SCOTLAND. as had been intimately conversant with our forces while there : I understand Argile is himself still stiled our friend. Here are some pickeroons upon this coast that daily snap up our small vessals even betwixt Dundee and the Frith as well as other coasters. Tomorrow the Judges begin their circuit for their visitation. From Leith, September 4. — There is little news to be expected hence, unless the Highlanders come upon the stage, which I believe they will doe this winter, for there are some hundreds of them up in Argiles country, yet he pretends to know nothing of them. Three of the Commissioners for administration of justice, viz. Judge Owen,1 Judge Mossley,2 and Judge Smith,3 be¬ gan their Northern Circuit for Criminal matters on Thurs¬ day last. They went from Leith to Bruntisland, and so for St Andrews, where they first sit, and are to be at Aberdeen the 9th instant. From Aberdeen, September 3. — The Presbytery of this place sat yesterday, and were resolved to proceed against those three ministers I mentioned in my last, but they being somewhat timerous, for their incouragement, one persuaded the Presbytery to forbear any farther prosecution of the business till the next sitting, before which time the Judges will be here ; if they think good to do any thing in it, well, if not, then they proceed. Which to say will prove best I doe not well know ; however I think it were good for the in¬ couragement of those and others that there were some able godly minister sent to this place. From Edinburgh, September 7. — We have here nothing of newes stirring but what with you is no news, and thats the Highland busines, whereof I doubt not but you have received an exact copy. They have sent to some places of the Lowlands for concurrance with, and assistance for 1 Owen was removed in October 1653. 2 Edward Mosely, Esq. 3 A Commissioner for the administration of justice. He died at Inver¬ ness on the 26th September 1658 while on the Circuit. DIURNAL OF OCCURRENCES IN SCOTLAND. 81 them, but what answers returned them I know not, or what will be the event of it. From Paris, Sept. 18, Stylo Novo. — Charles Stuart lurks still at St Germans, being tost and tumbled betwixt hopes and fears — hopes of the Dutch affairs ; that is, hopes that you may give them one little blow, that necessity may bring them to own him and his interest ; and fears he hath more than a good many, lest the French King’s army should mis¬ carry. His new Councillors, Jermyn and Montague, found some opposition at Court. From ABOARD THE MARY-GOLD, IN THE ROAD OF AYRE, September 11. — All the news here is of the late perfidious dealing of the Highlanders, which though you may have heard of it in general terms, yet the particulars are thus — When our men put them in mind of their obedience to the Commonwealth of England, and bad them take heed what they did, for that the Marquis of Argile was engaged for their good behaviour ; they returned answer, that they were upon their own account, and that Argile had nothing to doe with them, but beleeve it he that list, — They told us also that they had men of their own upon our men’s horses which they took, and had sent the men prisoners to the moun¬ tains : for our men that kept the garrison of Loughead were dragoons, who held it out two days, not having all their men within to make defence, for these Highlanders managed their designs with much treachery ; they enticed our soldiers out to drink unknown to their captaines, and by that means got many of them out of both Garrisons, and the dragoons that were looking to the horses in the fields were also sur¬ prised, but so secretly that the Garrisons knew not of it. Only at night they missed some of their men, and the next morning they seeing the Highlanders to and again, sent out two files of men to see if the houses and rocks were clear, which two files were every man killed but two, by a party, hid in the Lord of Dunstafnage his house, his son being chief in the action. They killed three men more also after quarters, by which behaviour you may guess the temper of this brutall generation. From Leitii, Sep. 14. — The Commission of the General VOL. II. 6 82 DIURNAL OF OCCURRENCES IN SCOTLAND. Assembly hath appointed a general fast, the grounds whereof follow — Reasons of the Fast appointed by the Generali Assembly, to be kept in all the Congregations of the land, the second and third Sabbath of September. Although our sad condition call aloud of itselfe to mourn¬ ing, yet it being our duty to stir up the Lord’s people to take hold of him in the day of his displeasure, we think it incumbent to the whole land, and charge it upon them as they would have the Lord to turn from his fierce anger, so hotly pursuing and turning us up, that they search and try their wayes, walk mournfully before the Lord, and at this time lye in the dust for these provocations, which are the manifest causes of all the evill that is come upon us. 1. Besides many sins heretofore mentioned in the former causes of fasts, we are to mourn for that land-destroying sin, the contempt of the Gospel (which is comprehensive of many other sins set down at large by the Commission 1650), a sin so odious in the sight of God, that neglecting so great a salvation, and slighting the blood of the Covenant, wee cannot escape the vengeance of the Gospel. 2. Because the sad dispensations we have met with, and the wonderful works wrought amongst us, are neither eyed nor improven by us. Our wound is grievous, yet wee have not grieved ; the Lord hath smitten us, but we have refused to return ; yea (none taking the Lord for their party, nor accepting of the punishment of their iniquities), wee revolt more and more. This is a lamentation, and shall bee for a lamentation. 3. Because of the Covenant breaking, especially in the day of our calamity and tryall, committed openly in the midst of the land ; the shameless despising of the oath of God, so often and solemnly made by us, men thinking to escape by iniquity, making lies their refuge ; thus the Lord is mocked, and his word profaned, for which he cannot hold us guiltless. 4. Because of Sion’s breaches which are irreparable. She is broken with breach upon breach, her vaile is torn, her hedges broken down, her precious things defiled and wasted, exposed DIURNAL OE OCCURRENCES IN SCOTLAND. 83 to foxes and bears : now while it is thus with her, her lovers forget her, her children are still contending in the furnace, notwithstanding the great controversie the Lord hath with the whole land. 5. Because of the foul departure from the true doctrine of Christ received in this Kirk, and separation from the communion and government thereof, that some mem¬ bers and unstable souls are turned aside into, contrary to the Solemn League and Covenant and oaths, to the high contempt of the name of God, and great scandal of the gospel. 6. Because of the opposition made to the work of God by the Royal Family, and many eminent families in the land, and the blood, oppression, ignorance of God, unclean¬ ness, falsehood, covetousness, deceit, hypocrisie, and other gross iniquities, that have abounded in all ranks of the land, both in the preceding and present generation. 7. Because of the main sin of the ministry ; the weak have not been strengthened, nor those that are driven away sought for ; we have not watched for souls, but done duties by constraint, and sought our own things more than the things of God. For we ought to mourn, and to request the Lord, through Jesus Christ, that he would pardon all these abominations, subdue us by his Spirit, that we may fall in love with Christ, be obedient unto the gospel ; that seeing many things, we may observe them, and regard the work of the Lord, and the operation of his hands ; that he would heal our back- sly dings, repair our breaches, reclaim the seduced, and take away all our iniquities ; finish the controversie with Kings and Nobles, Ministers and People, and comfort our prisoners; and that he would be pleased to stay amongst us. Preserve inviolate the liberties of his house, and keep us for his name’s sake, because we are brought very low ; and that the distressed estate of the Lord’s people in these lands would carry on the work of Reformation, to which wee are engaged by Covenant ; and would build his own Sion ; and appear in his own glory. From Leith, September 18. — There is nothing of news worthy your reading. The Marquis of Argile was this 84 DIURNAL OF OCCURRENCES IN SCOTLAND. afternoon with the Major-General. It’s supposed he will propose some overtures for the bringing in his Western Highlanders, who are yet in arms. There hath been about GOO indictments exhibited against several persons, since the Commissioners for administration of Justice their coming to Aberdeen. The long want of the due execution of justice makes the number of offenders now to be more than ordinarv. From Calais, September 25, Stylo Novo. — The people are generally weary of war, and the Court of Charles Stuart, whom they would willingly supply with money to take a journey out of France, if he knew whither to bend his course. Tt seems to hold still for Brussels, whither the Lord Taaff is gone already as his fore-runner. That company begins to break ; Ormond is bound towards Caen, for fair Isabella is gone thither before. The Duke of Buckingham is come to his master, Stuart, and claims a promise of being sent into Germany ; but he is like to prove but parcel Ambas¬ sador, being glad to take in Wilmot for a partner in Com¬ mission. Sir Janies Levistoun (called Viscount Newburgh)1 is gone into Holland, and thence it is said he goes for Den¬ mark. The Lord would-be Gerard is at Rohan, from thence bound for Flanders. The little Queen, Jermyn, and many more have been sick at St Germans, but now recovered. From London, September 27. — Mynheere Van Hemp- steede is still the bur of bad tongues, and among other things, for buying stolen goods, as they call your late King’s move¬ ables, as pictures, books, beds, tapistry, &c., quis tulerit Gracchos f Who can with patience hear capers and sherlcs accuse others of theevery. Nay a State which, in a course of justice makes a re-entry upon that which is their own when abused and imbezled by their tennant at will, and by their Steward, who, when unfaithful, ought to give up his trust and give an account of his Stewardship. The said Heer Paaww when he was last in England, is said to have bought the Emperor Charles his picture on horseback, a 1 Sir Janies Livingston of Kinnaird was created, 13tli September 1647, Viscount of Newburgh to him and the heirs-male of his body. lie was subsequently made Earl of Newburgh 31st December 1660, to him and his heir whatsoever. lie died on the 26th of December 1670. DIURNAL OF OCCURRENCES IN SCOTLAND. 85 piece drawn by one Michael Angelo,1 a limner ,- which piece the Duke of Buckingham lays claim to, saying his father lent it to the King. Is not this an embleme of the world’s folly admiring shadows, and scuffling for pictures ? There is a mountebank lately come into our country out of England, who goes up and down selling his pack of small wares at the Hague, and other places, endeavouring to per- swade some of our States and others, that this war is solely against the edge of a great many powerfull grandees in England, who would be glad of an expedient for the renewall of the Treaty, but this is no more looked on here than the old wife’s prattle, and of no more credit than the Articles of Faith which are set down in that foull pasquill whose title is “ The English Devil,” nor of more moment then that of Monsieur Morus, entituled Clamor Regis sanguinis ad Coelum, and hath been much cryed up and down, till the author decry’d himself and his reputation by violating the chastity of Monsieur Salmasius his wife’s gentlewoman, and getting her with child, of which wee have this distitch on. The maid’s name is Bontia. AD BONTIAM SALMASI7E, DOMESTICAM A MORO GALLO IMPREGNATAM. Galli e Concubitu Gravidam Te, Pontia, Mori Quis bene moratam, morigeramque neget. From Paris, September 25, Stylo Novo. — Charles Stuart and his mother quitted St Germans on Saturday, having coaches lent them by the Duke of Orleans, to bring them for this town, where they are as welcome as snow in harvest. She entered here the same evening, but he loitered by the way at Dampierre, a house of the Duke of Chevreuse, and was to stay there a few days, till his lodgings might be made ready in the Lovure. But on Tuesday night he came thither bringing a small train, besides Buckingham,2 Gerard, and Crofts,3 for Incliequin,4 Wilmot, and the rest, came in 1 One Michael Angelo. This is almost as good as one Milton, or one Shakspere. 2 The witty author of the Rehearsal. 3 William Crofts created Lord Crofts of Saxliam on the 18th May, 10 Car. II. Although twice married, he had no issue, and his title became extinct upon his death in 1677. 4 Murrough sixth Baron and first Earl of Incliequin. lie is the direct ancestor of the present Marquis of Thomond. 36 DIURNAL OP OCCURRENCES IN SCOTLAND. before with his mother. He had no complement of welcome given him at his arrival, either by the Duke of Orleans or any other of the great ones. The mother hath bin visited often by the Duke of Lorraine, who also came hither from the camp on Tuesday, and since, he hath had some confer¬ ence with her son at a place where they met by accident. From Leith, October 2. — Here was this week a mutiny among the soldiers, occasioned by the abatement of twelve pence a- week out of their pay towards a store. Four of the ringleaders being condemned by a court of war to be hanged, it was afterwards thought fitt that one should die for the rest, and lots be cast between them. The lot fell upon him that most deserved it, who being prepared, and the time come for execution, all the women of this town joyned to¬ gether in a petition to save his life, which was accordingly granted. The Commissioners for administration of justice, having finished the progress and visited the Universities, returned to Edinburgh last Wednesday night. Most of them that stood indicted for criminall matters, were found guilty. One woman at Aberdeen was accused of poysoning her father, but the evidence not being clear, she escaped. At Aberdeen, Dundee, and other Burroughs, the Commissioners were admitted members of their Corporations, and much respect shewn unto them. Our soldiery were very ready to serve, and assist them in every place throughout their journey. Paris, October 12. — Charles Stuart is gone back to the house of the Duke of Chevreuse, to spend some little time in pleasure there, and then return to Paris. Soe his affairs are defunct, because the ranters about him are very pensive and silent, which is not usual when the world goes on their side. From Edinburgh, October 5. — The most remarkable news at present here is, that the gentlemen of the Shires of Ayr and Renfrew, which were the greatest pillars of the protesting party, and which two shires have not assented to the union, being fre¬ quently convented, have at length owned the Generali Assembly at St Andrews, (which was the Assembly that voted in the DIURNAL OF OCCURRENCES IN SCOTLAND. 87 King and Cavaliers,) and not only so, but have sent Commis¬ sioners to the severall Presbyteries within their shires, (which consist most of Protesting ministers), to intimate unto them their dislike of their protesting against, and separating from the Kirk of Scotland, and to let them know that if they did not insist in their way of protesting and labouring to heighten the breach, and thereby to entangle the people of these shires, they would take all the wayes they could to obviate their design. This is not done by the Malignant party, the Lairds Sefnock and Cunninghamhead, Rowallance, Corsbie, and several of others of that gang, being great sticklers in it, and Commissioners to the Presbyteries : But it is done by those who have been the most sublime conscientious pre¬ tenders against malignancy ; who were of those that separated themselves from that unlawful Generali Assembly, as they once called it, which sat at St Andrews, and brought in their King and theprofanest of his cavaliers by head and shoulders ; and for that cause, those men at first withdrew from the Assembly, renounced it, and entered into a strong protesta¬ tion against them and their proceedings, and have seemed ever since to continue at an irreconcilable distance from them. And therefor, now that on a sudden they should quit so much animosity and bitterness to combine with those whom they cursed as Meroz , bespeaks a jealousie of some new project which nothing but time and treachery can discover when they have pieced up themselves and their fractures in a corrupt and common union. At Aberdeen there have been the four grandee ministers of the South, viz. Mr Rutherford, Mr Castar, Mr Blair, and one more, who hath three or four days in dispute with the ministers and people of that town, who begin to withdraw from them, and they have laboured hard to recall them to thoughts of union with the Kirk — that tool the Kirk, which is the engine of all motions, against peace and settlement. Our souldiery there are very vigilant, and lye close to prevent any treachery or attempts of the Highlanders, whose great patron, Argyle, hath been here at Edinburgh, endeavouring (he saith) to propound such things as may make for the quiet of the country. 88 DIURNAL OF OCCURRENCES IN SCOTLAND. October 14. — This Kirk is so rent and torn within itself that the work of combination, I see, will be very difficult among them. The greatest party, that is, the most factious, active, and violent, are they that buffet the Generali Assem¬ bly that sat at St Andrews, and voted in the King ; and this sort of men are either the priests, or such as are led by them, and at their beck will runn through fire and water. They are known here by the names of the Protestors, be¬ cause they at first withdrew and enter’d into an earnest protestation against that Assembly. But even this genera¬ tion of protestors are divided also among themselves, a great part of the laity or gentry being fain off from them, and resolved to own the Andreans. No less than two counties (viz. Aire and Renfrew) are fain off at one time, being led by the gentry ; but some of the most zealous ringleaders of the protesting clergy are sent to try if they can reclaim them, and make them stand to their first protestation. . In the mean time, the rest of the brethren at Edinburgh and other places, preach up their own way, as if thereupon depended the salvation of the whole people, and after they have sufficiently railed at the Andreans, then they usually have a partyng blow at heresie, schism, and England. If you have any that have the same cue in England, assure yourself this sort of men, and they (be they called pres¬ byters, or what you pleas) will shake hands upon any occa¬ sion to shew their common interest and design upon the civill power : That is the tail which tyes the foxes together. Look to it, the most faithfull instruments of our nation’s liberty had like to have been railed down not long since, and disabled by a full cry against heresy and errour from prosecuting that good work which they had in hand, to free our bodies out of kingly, and our souls out of priestly, bon¬ dage. But now we have more need than ever to be wary, because the engineers walk with us in new faces and dis¬ guises. October 21. — I have not any news this post from Scot¬ land, but to acquaint you of the loss of four English vessels on Monday last, that was laden by Mr Watson and other merchants of Berwick there, with salmon, hydes, &c. ; and after a hour’s fight, the four ships were taken by a Holland DIURNAL OF OCCURRENCES IN SCOTLAND. 89 man-of-war of twelve guns, and well manned ; there was but one of our ships that carryed guns, and she but six. Mr Watson and the merchants saw the fight, and the ships taken ; their losses are above L.G000. From Paris, October 27. — On Monday, according to the resolution taken, the King (Louis xiv) made his entry, being met on the way in solemn equipage by the Governor of this city, the Provost of Merchants, (or Lord Mayor,) and the rest of the city magistrates and officers, attended by all the chief citizens, the young gentlemen of the four royall aca¬ demies, and the three companies of the city archers (all on horseback). To make up the train, there was the King of Scots and his retinue, (all except Buckingham, who was sick), and after all, the Duke of Guise, who is fain off from the Princes, and went with a desire to make his terms with his Majesty. Letters are come out of Holland, giving Charles Stuart an account of the late fight at sea betwixt the English and the Dutch, which relate the encounter to be long and sharp, but without any great hurt done on either side. They boast much of the bravery of their own seamen. News are come also of Prince Rupert’s having lately been about St Christopher’s, where hee hath taken ten English ships richly laden. He hath a fleet of fifteen ships, with whom eight Holland ships have joyned, hearing of the war between the two States. Sir Richard Brown,2 for all his pretence of being the Scotish King’s resident, cannot yet get an exemption from the arrest for debt lately laid upon him. From Paris, Oct. 29. — Charles Stuart gives frequent 1 Sir Richard Brown was originally a warm advocate for the Par¬ liament and represented London in Parliament. He took up arms against his Sovereign, and was in 1644 appointed Major-General over Oxfordshire, Buckinghamshire, and Berkshire. In 1648 he was Sherifl of London, but this did not prevent his imprisonment, as his patriotic friends had found reason to doubt his honesty. He made his escape, and joined Charles II. in France, by whom he was created a Baronet 011 the 1st September 1649, and appointed his resident at Paris. On the Restoration, Sir Richard was elected Lord Mayor of London. lie died in 1682, leaving an only daughter, who married the amiable and learned John Evelyn. 00 DIURNAL OF OCCURRENCES IN SCOTLAND. visits to the King, but gains no money, the disorder having emptied the treasure. He and his party, to incense the French Court, have given out that the Spanish Ambas¬ sador in England, had gotten leave to raise 10,000 Irish, which they say are intended to be set ashore in France. From Leith, October 23. — On Wednesday last the English Commissioners for administration of justice sat upon criminall matters at Edinburgh. The first day was spent in reading their commission from the commissioners at Dalkeith, calling the sheriffs of these several counties on this side of the Frith, viz. Berwick, Selkirke, Peebles, Louthian, Linlithgow, Haddington, and Roxburghe, and those sheriffs that appeared not were fined L.200 Scots each, afterwards the Gentlemen of the severall counties who were to doe their service, were called, and such as appeared fined L.100 Scotish, and then severall delinquents were called and sett down for tryall. Since that these three days have been spent, in the tryall and fining of severall persons for adul¬ tery, incest, and fornication, for which theyre were above 60 persons brought before the Judges in a day ; and its observ¬ able that such is the malice of these people, that most of them were accused for facts done divers years since, and the chief proof against them was their own confession before the Kirk, who are in this worse then the Roman religion, who doe not make so ill an use of their auricular confession : some of the facts were committed five, six, ten, nay, twenty years. There was one Ephraim Bennet, a gunner in Leith, indicted, convicted and condemned for coyning sixpences, shillings and half-crowns. Also two Englishmen, Wilkinson and New- combe, condemned for robbing three men and for killing a Scotishman near Haddington in March last. But that which is most observable is, that some were brought before them for witches, two whereof had been brought before the Kirk about the time of the armies coming into Scotland, and having confessed, were turned over to the civil magistrate. The Court demanding how they came to be proved witches, they declared that they were forced to it by the exceeding torture they were put to, which was by tying their thumbs behind them, and then hanging them up by them ; two High¬ landers whipt them, after which they set lighted candles to DIURNAL OF OCCURRENCES IN SCOTLAND. 9L the soles of their feet, and between their toes, then burned them by putting lighted candles in their mouths, and then burning them in the head ; there were six of them accused in all, four whereof dyed of the torture. The judges are resolved to enquire into the business, and have appointed the sheriff, ministers and tormentors to be found out, and to have an account of the ground of this cruelty. Another woman that was suspected, according to their thoughts, to be a witch, was twenty-eight days and nights with bread and water, being stript stark naked, and laid upon a cold stone, with only a hair cloth over her. Others had hair shirts clipp’d in vinegar put on them, to fetch off the skin. It’s probably there will be more discoveries shortly of this kind of Amboy ne usage ;l but here is enough for reasonable men to lament upon. On W eclnesday night last, the Marquis of Argile came to Edinburgh. He had so perfected the work in the Highlands, that our prisoners are released out of Caversa Castle, where about sixty of them were kept, twenty miles from Innerara, where they had been near perisht, had they not been allowed some of them our bisket and cheese. The Marquis of Argile used them very civilly at the comming by his house, allowing them good quarters, some money to bear their own charges, and giving them passes through the country. From Waterford, October 28. — The court of justice hath condemned Colonel Bagnal, Major Burnaby Dempsey, Colonel Henry Dempseys, Forresthal (Bagnals hangman,) and another. But mercy has pardon’d the Lord of Clen- maleero,2 and three more. His simplicity in confessing more 1 Alluding to the treatment of the English by the Dutch in their settle¬ ment at Amboyna. As to this infamous and cruel transaction, see Stubbes’s Justification of a War with Holland, 1673, 4to., with curious illustrative plates. 2 Sir Terence O’Demsey vras created in 1631 Viscount Clanmalier. His son Anthony took to his first wife Mary third daughter of Christopher Nugent, ninth Baron Delvin, and predeceasing his father in 1638, left Lewis, who on the death of his grandfather in 1649, became second Viscount Clanmalier — the person alluded to in the text. He had a son Maximillian, who became the third Viscount, and married Anne, daughter and co-heir to Walter Bermingham of Dunfert, but by her had no issue. In Lawrence’s Interest of Ireland, Dublin, 1684, Part II. p. 65, there is a 02 DIURNAL OF OCCURRENCES IN SCOTLAND. then his evidence could prove, I think, savkl him ; for we can only prove that he came neer Maryborough1 when it was burnt : he confesses he came but with four hundred men, intending to surprize the fort onely, and cursed his men for burning the town, and thereby spoiling his design. Again, he wondered why that little man, (the Attorney- General), whom he never saw in his life before, should speak so much against him. Again, he knew not what to examine his witnesses, (produced by himself in Court), for he never was in such a place in his life before, &c. You see what an antidote against rebellion nature hath found out. October 28. — Wee have no news here of any great moment as yet, only we have advice from the Isles of Orkny that the Dutch merchantman pass to and fro there daily, and fetch a compass round about that way towards all parts ; and so by this means they will make the farthest about the nearest way home. If they can drive"a considerable part of their trade this way with security, you may wait long enough in the channel, where no more will venture than must of necessity. Certainly a squadron of good frigats to ride in that corner or nook of the world would quickly spoill this new project of navigation. The Scots have got the news here of the King of Denmark stopping our English merchant¬ men in the Sound, which tickles them, though it be small comfort to them. The Kirk and her projectors at present affords small matter for observation. The Marquis of Argyle is come to Edinburgh. He endeavours every way to beget a confidence in us of his well-meaning and integrity.2 Paris, Nov. 1. — Sir Richard Brown, who would be called the Scottish King's resident, is by the heels still, under the serjeant's hands that arrested him, to the great reproach of his master's Kingship, who, (it is said), is like now to have him released, being somewhat the more regarded by the list of the Irish Peerage, both Protestant and Papist. Amongst those enumerated in the latter catalogue is the Viscount Glanmaleyra — probably Maximilian. 1 The chief town of Queen’s County. 2 The Marquis was one of those worthies who was better known than trusted. DIURNAL OF OCCURRENCES IN SCOTLAND. 03 Court here, for his interesting himself so far in their behalf during the late troubles. He and the little Queen his mother had a visit given on Saturday by the King and Queen of France to thank them for their medling ; though I suppose, in the end, they will have small thanks for it from this poor French nation, whose bricks now are like to bee doubled upon them. The pretended Duke of Y ork is still in the army, and hath gotten another regiment, but it is Irish. Onnond also hath got such another. The Lord Digby hath been here, and shewn himself at Court, where he is a great favourite. Hee hath got fairly by his govern¬ ment of Mante, where he hath drained the country by contributions, and now means to brave it in town here this winter. Buckingham is mending. From Edinburgh, Nov. 2. — ’Tis now given out that Argile hath finally closed with the English, and made an agreement concerning the Highlanders. The particulars are now well known, but they affirm that he hath got ten good conditions for himself, and all his own lande freed from publick burthens : he hath also sold some cannon to the Common¬ wealth, for the which he is to get good payment. There was a man condemned for a witch — a very simple fel¬ low; but he was reprieved. It is very observable in him, that upon a commission from the Judges in June last, and after¬ wards before the Judges, he confessed himself to have had familiar converse many times with the devil : That he gave him apiece of silver, which was put into a crevice of his neighbour’s wall, who had crosst him, and thereupon all his cattle and horses died, and (after two years languishment) the woman herself. He said also that he had renounced his name, for which the devil gave a new one, which is Alexander or Sandy. That he sometimes lay with the devil in the like¬ ness of a woman, with many other stories of that nature; and yet most of them that have conversed with him say they can not believe him to be indeed a witch. Before the Judges at his triall, he denied all that he had confessed before, and said that he was in a dream ; yea, the very day that he should have been executed, he was not at all afraid, but seemed indifferent whether to live or die. The truth is, he lived in so poor a condition, and was 94 DIURNAL OF OCCURRENCES IN SCOTLAND. through his simplicity so unable to get a livelihood, that he confessed, or rather said any thing that was put into his head, by some that first accused him upon the confession of some who have died for witches. By this you may guess upon what grounds many hundreds have heretofore been burnt in this country for witches. From Paris, Nov. 9. — Sir Richard Brown, that calls him¬ self the Scotch King’s Resident, is at length released by order from the Queene outof the sergeant’shands, yet without any such vindication as hee expected. Things beeing so far from that, that he was fain to pay the gaoler his fees at his departure. That party give out that ther Scotch master hath had letters of encouragement from several Princes in Germany, as if he should receive favor at the Diet now approaching, if hee made application. Wilmot is the man to be employed thither, which gives occasion of discontent to the Duke of Buckingham, who expected the employment, conceiving himself to bee the better and fitter man. He said also that the Queen of France hath supplyed Wilmot with 1000 pistoles to set him forward. The Lord Digby, with his brother Sir Lewis Dives, by him made Deputy-Governor of Lile-Adam, intends to brave it out for this winter, having hired a great house in that town, and given orders to have it stately furnished, to shew the city how he hath thrived (to his great dishonour) by squeezing the country. From Paris, Nov. 18. — It is now said Charles Stuart would for Holland, were he supplied with monies for the journey. And a rumour goes as if he had a design for Ireland or Scotland. But his party here often have made many the like reckonings to no purpose. From Edinburgh, Nov. 6. — The work of justice begins now here in this city, the Commissioners for the adminis¬ tration of justice being sett down on Wednesday last, where you may be sure they shall not want work among this quar¬ relsome generation. The Marquises of Argile and Huntly are now both in these parts, and some overtures are made for reconciling of old grudges between them. DIURNAL OF OCCURRENCES IN SCOTLAND. 95 The agreement with Argile’s Highlanders is (I hear) fully made : most of our soldiers that were prisoners, and some of their horses, restored, and some little sesse imposed upon them. The Scots and moss-troopers have again revived their old custom of robbing and murthering the English (whether soldiers or others) upon all opportunities, within these three weeks. We have had notice of severall robberies and murthers committed by them ; among the rest a Lieu¬ tenant and one other of Col. Overton’s regiment, returning from England, were robbed not far from Dunbarr. A Lieutenant (lately Master of the Customs at Kirkcudbright) was killed about twenty miles from this place ; and four foot soldiers of Col. Overton’s killed going to the quarters by some mosses, who, after they had given them quarter, tied their hands behind them, and then threw them down a steep hill or rock, as it was related by a Scotchman who was with them, but escaped. These are part of those villianies committed by them already upon the English, for the redressing whereof, unless some speedy course be taken, either by securing the roads, or causing the country to make satisfaction for the robberies and murthers committed at noon-day, as some of these were, there will be no travel¬ ling into these parts. Divers ships, with provisions for the State, and other commodities, came safe into Leith Harbor this day, which will be a refreshing to these parts. From Pari§, Nov. 16. — Charles Stuart is now weary of France, things not falling out to his mind, either in point of money or other matters. Wilmot’s Embassy into Germany is as yet at a stand for want of cash. As soon as he is gone, it is conceived his master will be gone immediately after ; but whether into Germany, or to reman upon the German Borders, to await the success of his solicitations, or into what other part, is not certainly known, nor, I believe, [does] he well know himself. From Paris, Nov. 23. — The King of France was the other day at dinner with Charles Stuart at the Royal Palace. The said Stuart hath sent order to my Lord Wilmot to goe to the Diet of Ratisbone, having not wherewithal! to 00 DIURNAL OF OCCURRENCES IN SCOTLAND. goe himself to bear his charges, to excite the Princes of Germany to joyn with the States of Holland against the Commonwealth of England. Sir Richard Brown, who stiles himself Agent for Charles Stuart, being released out of prison, not being able to sub¬ sist here, is gone into Britain to exact a share of those thefts and piracies that the Royalists have taken and brought thither, which Charles Stuart had given him for his sub¬ stance many years since. From Paris, Dec. 4. — Last Thursday Charles Stuart was complemented and entertained at a supper by the Cardinall do Retz. From Paris, Dec. 14, Stylo Novo. — Charles Stuart hath been fairly offered by the French Court, who to be rid of him, have promised him 5000 pistoles if hee will goe into Germany, divers having perswaded him that his oune pre¬ sence would best prevail at the Imperial Dyet ; but it being contrary to his mother’s advice, he waves any thought of going himself, and resolves to dispatch away Wilmot, who intends to set forward for Germany on Monday next, having seen the issue of the French Councils about sending one into England. The Lord Digby rants it with his stately house here in toun, where he has received his father the Earl of Bristol, newly fain sick and like to die. But the world being very short with the Lord of Ormond, the fair Isabella is fain to pawn her plate and retire into the country. Inchiquin is here, and his Lady come to him out of Holland. Their master Charles hath at length gotten liberty of the Dutch ports for any of his men-of-war that have a commis¬ sion from him ; and the Act itself, granting this liberty, being newly passed in Llolland, is already transmitted hither, which, as it pleaseth on the one hand, so it displeaseth on the other, because in it the States have not given him his pretended title of King of England, or of Great Britain, but stile him only the High and Mighty King Charles. There is no news yet of Rupert, but they heartily wish him on the seas, and have sent Sir Marmaduke Langdale and Sir Richard Page to sea, to try if they can find him out, and DIURNAL OR OCCURRENCES IN SCOTLAND. 97 bring him back with all speed ; supposing lie might be able to serve them and their broken interest in this nick of time. From Waterford, December 20. — The High Court of Justice, now broken up from Corke, have condemn’d thirty- five, some of principall note, one of whom hath been Sheriffe of the county. The manner of one familie’s murder was thus : — A gentleman sent some Irish wretches to murder the family of an Englishmen. The Irish came in to the house, pull’d the man out of bed from his wife, and murdered him, then tooke all the rest of the houshold, led them to the seaside, and threw them off the rocks. One of the children hung about one of the murderer’s legs, yet was pull’d off and thrown after the rest. It fell out, that shortly after one of the murderers was upon a party mortally wounded, yet could not die in a long time, till he had to an Irish Protestant revealed the murder, and then died imediatly. Thus you see the footsteps of God’s justice. The man that commanded them to doe this fact is now hang’d at Corke. From Leith, Dec. 21. — The English Judges at Edinburgh sat every afternoon on Wednesday, Thursday, and Friday last upon criminal cases, whereof these persons following were found guiltie, and yesterday condemned, viz. William Tenant, to be hanged first on the Castlehill in Edinburgh till he be ■ dead, and after that to be hung in an iron chain between Edinburgh and Leith. He was guilty of many murders and robberies, having confessed that he had murdered forty before, and but that what is now proved against him, that he hath murdered sixteen at two severall times. Lie was very desirous to undergoe any punishment, that his life might be spared ; but being told by the Judges he had noe pittie of the English when they begged for life, noe pittie should bo shown unto him. James Kerr, a minister’s son, who formerly went by the name of Harrison, then Clen- dinning, an old moss-trooper, nothing of murder proved against him, heretofor being in custody for robbing a soldier, broke prison, and had now like to escaped justice, being accused of stealing a horse, by cutting his hair and smear¬ ing his face, but one present having jealousie of him, and the marshall being asked whether they knew him or not, he VOL. II. 7 03 DIUllNAL OR OCCURRENCES IN SCOTLAND. was discovered, and condemned to be hanged. The Judge Advocate intends to desire his reprive to make use of him against Richardson, he having formerly been of his party. John Maxwell to be hanged for severall thefts. John Young to be scourget for theft. Robert Miles to be scourged for theft. John Blair to be scourged for theft, the three last banished the three nations. John Mathew, fined in L.150 sterling for con¬ cealing murder. Some soldiers of Captain WeddeFs troopes, quartering at Houston, a gentleman’s house near Peasly,1 found therein behind the hangings sixty fixed muskets, with bandeliers answerable, the boxes all filled with powder, and a great box of new cast bullets, which being discovered to Major Richardson of Collonell Overton’s regiment, quarter¬ ing at Peasly, and some rumour of arms be hid in churches, did so far instruct them as that they called the magistrates and ministers of the town together, and strictly enquired if they knew of any armes hid or noe, which they denying, they sent to search the church, and finding a part of the wall new made up again, put them to it whether that there were any thing hid there, but they persisting in deniall, the soldiers broke it down, and there found these parcels of arms as follow : — 155 muskets, 63 pikes, 120 collcrs of bandeliers, 313 swords, and bundles of match, and a quantity of powder. From Edinburgh, December 28. — I am not able to fur¬ nish you with anything considerable hence that’s new. The late discovery of arms and ammunition in this country in the western parts hereof, has occasioned reciprocal railings betwixt the old Malignant and Presbyterian parties, each charging the other. AVe think it our safest course to trust ourselves, and to have an eye ready to make inspection into each of their affairs. On Saturday last the murtherers and other malefactors formerly condemned were executed. Since that, another notorious villane, (one Blacke) who thirsted much after English blood,2 is taken, and will doubtless meet 1 Paisley. 2 The criminal record is full of cases of murder of English soldiers. o They were cut off by the people whenever a fitting opportunity occurred, and were as much detested in Scotland as the French soldiers were in Spain during the Peninsular war. DIURNAL OF OCCURRENCES IN SCOTLAND. 09 with the same justice, for which purpose an Assise will be called suddenly. Major-Gen. Deane sets forth hence towards London on Saturday next. From Paris, January 4. — The pretended Duke of York continues still in the fields with Marshal Turenne, and hath his regiment made up now very compleat by an accession of two hundred Irishmen, which were part of those fifteen hundred Irishmen, that were made prisoners by the Marshall upon the surrender of Bar-le-duc, and were part also of the Irish who served formerly under the Duke of Lorain. Wilmot,1 now known by no other name here but Earl of Rochester, set forward hence on the journey on Friday last, towards Germany, having most Papists for his attendants. If he thrive at the Diet his master will not stay long after him, where he findes so little countenance and courtesie. Besides, his mother and Jermyn hold him to hard meat, and deal with him but very coarsely in the midst of all his neces¬ sities, they having been both extremely bent against the German embassy. From Dalkeith, in Scotland, January 10, 1653. — The Judges are never out of work in punishing one villiany or other among these people. Murthers are very frequent, but robbing and stealing more. Y esterday two thieves were executed at Edinburgh, who used to follow their trade upon the borders, by breaking open houses and infesting the roads. From Paris, January 18, 1653. — This week there came forth a book in Latin, written by one Friar Points,2 an Irish- 1 Henry, created Lord Wilmot by Charles I. in the nineteenth year of his reign, was advanced by his son to the title of Earl of Rochester by letters-patent dated at Paris 13th December 1652. He was a Nobleman of ability, and a zealous adherent of his Sovereign. lie died in 1659 at Dunkirk, and was buried in the north aisle of the Church at Spellsbury in Oxfordshire. By his wife Anne, daughter of Sir John St John, he had John, the profligate associate of Charles after the Restoration. 2 John Ponce, a Franciscan Friar of the county of Cork, lived among those of his order in the Irish Colleges of Louvain and Rome, in the latter of which places he was leader of the Ludovisian seminary for Irish secular students, and afterwards Guardian of the College of St Isidore there. He was the author of many works, and particularly wrote 100 DIURNAL OF OCCURRENCES IN SCOTLAND. man. It is in particular against Bealing, who was Secretary to the Supreme Council at Kilkenny, in answer of a letter of his, published in his own vindication a little before he went away with the Lord Wilmot for Germany. In it the Friar taxes the Lords of Ormond and Clanrickard as per¬ sons that occasioned their loss of Ireland, through want of courage, conduct, and fidelity. He likewise attributes the Duke of Lorraine not going with his design for Ireland, to Charles Stuart himself, and lays the blame upon him, because he would not ratifie the Articles concluded betwixt him and the Duke of Lorraine by the Lord Taaf, who was the per¬ son employed to treat and conclude with the said Duke. In the same book also, the author takes painis, and pretends to shew the said Stuart his errors ; and persuades him there is no possible way left for to recover his crown but by turning Homan Catholick, and casting himself upon the Pope and Princes of that religion. The little Queen is now returned from her Monastery at Chaliot, not intending to return till the beginning of Lent, so that her sonn will not now be so much to seek of a dinner as he was in her absence. The pretended Duke of York, the army now retiring into winter quarters, is expected here next week. He’s like to appear in better case than any of the Family or party, having a compleat regiment of foot, besides a troop of Gend’arms, and his pension, whereof he hath many arrears. From Paris, January 25, Stylo Novo. — The Earl of Bristol1 dying unexpectedly on Friday — last week, was buried the Sunday after, not at Charenton, where all persons of that “ Belingi Vindicite Everste. Parisiis, 1653.” “ This piece is written against Mr Beling's book, entituled ‘ Yindiciae Catholicorum Hibernise.’ Our author bore an implacable hatred to the Protestants of Ireland, and in his book justifies and defends the Rebellion of 1641 ; and withal gives very false accounts of affairs.”— Works of Sir James Ware, by Harris, vol. ii. p. 161. Another work, entitled “ Deplorabilis Populi Hibernici pro Sancta Religione, Rege, et Libertate contra Sectarios Angliae Parlia- mentarios depugnantes Status,” 1651, Svo. is ascribed to him; but, continues Harris, “ I have never seen this book, and therefore cannot be positive that it is not the same with the ‘ Vindicise Everste,’ or a part of that treatise.” 1 The first Earl of Bristol, of whom Walpole observes, that “ he was not supple enough for a Court, but by far too haughty for popularity.” DIURNAL OF OCCURRENCES IN SCOTLAND. 101 quality use to be buried, but in one of the meaner church¬ yards in the suburbs of this city. There was little solemnity, not one Lord appearing at his funeral, nor any other person of quality except his second son Mr John Digby,1 and a certain Knight. His eldest son Lord Digby, absented him¬ self, though he were in town : and not only so, but it is said that he forbore inviting any, to save funerall expences ; which being talked abroad, hath much cracked his reputation, because he is observed lavish enough upon other occasions. Charles Stuart talks now altogether of leaving France, but first he stays to see what hopes Wilmot will be able to send him out of Germany, whither it is supposed he intends, if anything can be effected there, to gain him an honourable and favourable reception, and allowance to live on. His party here presume much of the German Princes, who have fish of their own enough to fry, goods store, notwithstanding the solemn courtship and compliment of those Princes to each other. From Amsterdam, January 31. — Here are two Irishmen lately arrived out of Scotland ; they have letters from Charles Stuart to countenance their addresses to this State on behalfe of the Irish ; yet before they deliver them, they have taken the advice of the Holy Fathers of their own faction, of whom there is a crew residing now at the Hague as well as in other places : and their designe (if possible) is to stir up and engage this State to do somewhat against the Parliament of England in Ireland. On Wednesday, one of these Irish factors delivered a letter to the high and mighties at the Hague. This gave just occasion to suspect that the Scotish King endeavours to hook his own interest into the engagement of this Hogen State, upon an Irish account, so that if the Dutch should clap in between these two interests of Achan and Babel , they would bo daintily engaged, and a fine blessing must follow the business. At present, the Stuart interest is kept off by the wiser sort, and that upon very rationall grounds, in despight of all the projects of the Orange party ; because they have their eyes in their foreheads, whereby they foresee that if ho were 1 John was a General of Horse in Lord Ilopton’s army, but died a secular priest at Pontocie after the Restoration. 102 DIURNAL OF OCCURRENCES IN SCOTLAND. taken in, he and his young nephew, and his sister, would soon have an opportunity to weild the affairs of this State and overtop them. Besides, they apprehend their taking part with him were to hazard the whole in going halves with a desperate gamester that has nothing to stake but a broken reputation. And it is pleaded by others, that to engage with him were to put themselves in where there is no possi¬ bility of a retreat, if occasion should require, because, by that means the quarrel would become utterly irreconcilable betwixt them and England. Such reasons as these have as yet prevailed against the wilder party. From Leith, February 5, 1653. — Glengary1 is still busie, though to small purpose, in the Highlands. The heads of the clans did not appear as he expected, but they are to have another meeting ere long in Loghgaber (Lochaber). The Oliver frigate, a private man of 18 guns, is gon out this week, and more are equipping out for that service to snap some petty freebooters upon this coast. * * * * *2 One David Andrew, a notable rogue, found guilty of robbery and burglary ; one Thomas Glasse convict of a riot ; one William and Michael Sampsons, convict also of a riot and robberies. There was also brought one James Crichton, supposed a Popish Priest, brought before the bench for saying Mass, and several persons being called to give in evidence against him, they refused, being Papists, to take their oaths, and for this contempt were committed to prison. From Edinburgh, February 12. — There have been of late very many meetings among the Highlanders, and 1 iEneas Macclonell was rewarded with a Peerage for his loyalty to Charles I. and II. by patent dated at Whitehall, 20th December 1660, creating him Lord Macdonell and Arras, with remainder to the heirs-male of his body. Dying without issue in 1650, the title became extinct, and his estates devolved on Alexander, grandson of his Lordship’s uncle, Donald Macdonell of Southliouse, and direct ancestor of the late Colonel Macdonell of Glengary. 2 A very extraordinary case is given here of one Margaret Rayne, but the particulars are unfit for publication in this Miscellany. Reference may be made to Historical Fragments relative to Scotisli affairs. Edin. 1533, 8vo. p. 43. DIURNAL OF OCCURRENCES IN SCOTLAND. 103 shortly they are to have another : About three days agoe the Marquis of Argile was with Colonel Lilburn, and yes¬ terday he sent him a letter, signifying the great and fre¬ quent meetings of Glengary with other Highlanders and Islanders ; but what their intent may be, he saith he knoweth not, they swearing secresy who are of their coun¬ cils. Glengary also sent to the Marquis to move him to go and joyn with him and his partakers in the Highlands, with threats to burn and destroy the country upon his Lord¬ ship’s refusal. Glengary himself is lately returned from the island of Mule (Mull), and is now among the Macdonalds ; these men cannot keep long as a body, so that if they have any designe they must be acting without long delays. The honest party at Aberdeen are now withdrawing from under the rigorous yoak of their Kirk sway, and are, some of them, very cordial and clear to the interest of England. From Amsterdam, Feb. 14. — Charles Stuart and his mother being at Court to visit the King and Queen, had an accidental interview of the Cardinal, and so a few comple¬ ments passed between them, without any mixture of dis¬ course. His party here doe blame the Cardinal, as the author of all the neglects and disrespects put upon their master, and of sending Mr Bordeaux into England, which is a core they cannot easily digest. Their ambassadour Wilmot was lately at Heidelburgh, and is conceived to bo at this time at the Diet. From Paris, Feb. 15. — Charles Stuart and his mother are so discontent at the French applications made to England, that she exclaims of ill usage here in France ; and is all and all for his departure hence, which he will endeavour to do by Easter. The Lord Wilmot is arrived at Strasburgh in Germany, he took Heidelburgh, in hope to see the Prince Elector before he repaired to the Diet, but the Prince was gon before him. The Holland letters in the hands of your English Royalists do boast how that the States have it under debate to block up the mouth of the Thames this spring, that you shall not have a ship put out this nor all the summer. These letters are often carried to be shown betwixt the Palais Royal and the Louvre, that the great 104 DIURNAL OF OCCURRENCES IN SCOTLAND. ones here might be inclined to believe you very inconsider¬ able in England as to the sea. From Paris, February 23. — Charles Stuart and his mother are very much troubled still about the application of France made to England ; his party lay the blame of all upon the Cardinall. But their anger is somewhat cured by the courtesy of the new superintendant, who hath paid them a good part of the arrears of their pensions ; so that the Scotch King was enabled to appear very gallant at the late sumptuous masque, wherein his brother York was an actor amongst the rest at the house. The young lady, their sister, was there also, and their mother was invited, but she declined it, as not suitable to the complexion of her mind and affairs. But yet she appeared with her children on W ednesday last at a magnificent supper provided for them by the Lord Digby, now Earl of Bristol, and made Knight of the Garter. They have been all feasted likewise by the Nuns of the English Convent, and lastly, by their cousin, the Prince Palatine Edward. On Monday last, his great favourite, the Lord Gerard,1 went for Holland in hope to hear of the arrivall of Prince Rupert, of whom they have great hopes, though little ground to expect him. Besides Gerard’s business there is to receive benefit out of such prises as shall be brought into the Dutch ports by virtue of his master’s commission. Barbada’s, January 18, 1652. — About the end of October last that grand pyraticall Prince Rupert,2 having cariened 1 Cliarles Gerarcl created by Charles I. Lord Gerard of Brandon. After the Restoration lie was advanced to the dignity of Viscount Bran¬ don and Earl of Macclesfield. He was committed to the Tower by James II., tried for treason, and condemned to die. He was, however, pardoned, and survived the Revolution four years, dying in 1693. His two sons successively inherited the honour, and upon the death of the last in 1702, the honour became extinct. 2 Prince Rupert was, according to Evelyn, the inventor of mezzotinto, and in the first edition of the Sculptura, there is a specimen of this new art, as it is termed, etched by Ilis Royal Highness. His right to the dis¬ covery is disputed in the Penny Cyclopedia, and it is asserted that Louis Von Siegen, a Lieutenant-Colonel in the service of the Landgrave of Hesse Cassel, communicated the secret to the Prince when in Holland. This fact is said to be established by certain “ curious and very rare prints recently purchased on the Continent, and now deposited in the British DIURNAL OF OCCURRENCES IN SCOTLAND. 105 and fitted his ships at the Virgin Islands, upon some designc for this, or the Leeward Islands, endea vouring again to turn Museum.” One of these, a portrait of the Queen of Bohemia, bears the date 1648, which makes it anterior unquestionably to the Prince’s etching ; but the real evidence afforded by these prints is merely that as early as 1648, Von Siegen had acquired a knowledge of mezzotinto ; but this will not of itself disprove Prince Rupert’s assertion that he was the inventor. Rupert was born in 1619, so that in 1648 he would have been twenty-nine years of age, and it is just as possible that Von Siegen may have learnt the secret from the Prince as the reverse. From the character of Rupert, if he did really assert that he was the inventor, we should rather be inclined to believe his statement in opposition to V on Siegen’s inferential claims advanced nearly two centuries afterwards ; and as the Sculptura was published in 1662, it is not an unimportant circumstance to remem¬ ber, that not one word was ever breathed in any quarter against the truth of Evelyn’s statement at the time. After the murder of the King, the Prince betook himself to the sea, and was until the Restoration engaged almost entirely in naval affairs, so that he had not much leisure to turn his attention to scientific experi¬ ments. The story goes, that the idea of mezzotinto was first suggested to the Prince by observing a soldier scraping a rusty fusil, “ when he was struck with something like a figure eaten into the barrel, with innumerable little holes closed together like friezed work on gold or silver, part ot which the soldier had scraped away. From this trifling incident Prince Rupert is said to have conceived mezzotinto.” (Bromely’s Royal Letters, Preface, p. xix.) If the legend be true, the discovery was probably made anterior to 1648, as after that period the Prince had to do with sailors not soldiers ; and there is nothing more likely than that he may have communicated it to Von Siegen, whose etching of the Prince’s own mother, the Queen of Bohemia, was, if not Von Siegen’s earliest produc¬ tion, at least one of the most early. Obnoxious as Rupert was to the Roundheads, it is not credible that they would have allowed so excellent an opportunity to escape of presenting him to the world as wearing bor¬ rowed plumes ; nor is it probable that Rupert would have ventured to afford his enemies such a capital chance of throwing dirt upon his hitherto untarnished reputation. From a very scarce Life of the Prince, published upon his death at London in 1682, we learn that “ in the year 1632, being about thirteen years old, he marched with the Prince of Orange to the Siege of Rhyn- burgh, where he gave the world the first proof of his valour and conduct . In the year 1637, at the age of eighteen, he commanded a regiment of Horse in the German wars, and in 1638 he was taken prisoner by the Imperialists, under the command of Captain Ilolyfield, who detained him three years ; but having obtained his liberty in the year 1642, he came to England.” Might not the leisure thus afforded by his captivity induce him to amuse himself with scientific matters, and might not Von Siegen have assisted him ? As regards the discovery, it would make little difference whether it originated with the Prince or the Lieutenant-Colonel, but for the imputa¬ tion of deceit which would rest on the character of the former, if the latter was truly the inventor. Now, Rupert’s character gives the lie to the 10 6 DIURNAL OF OCCURRENCES IN SCOTLAND. it up ; it pleased God by a hurricane to shatter and dis¬ perse his fleet, he himself in his ship the Swallow, not know¬ ing what was become of his brother and the rest of the fleet, whether cast away or no, arrived at Montserrat, where he surprised a small frigat (which went from this Island) of twelve guns ; which having done, his ship the Swallow being very sickly, and most of his men dead, from thence he went to Guardaloope, one of the French colonies, where (having takin in 300 Frenchmen), went for Aurego, where he sur¬ prised two ships of London, which went from this Island full laden with sugar, ginger, and other commodities ; the one of sixteen guns, belonging to Captain Powell, the other of eighteen guns, belongingtoCaptain Swift, which latter having sprung a leak, he could not carry off, but having plundred what was in her, left her. After he had spent some two moneths time about those Islands, and hearing nothing of his fleet, he went to the French rode at Christophers, where he heard that his brother ship alone was put in all shattered and torn at Turtoothes, which occasioned him to leave with the Governor of the French colony at Christophers two letters for his brother Maurice, one to be delivered to him, if that he should come up thither, and so he inisse of him, the other to be sent down to Turtoothes, where he himself intended likewise to go see to meet with him there, and take him for Franco, being weary of the Indies. Prince llupert, I am informed, hath but eight men in his ship of those which revolted to him, the rest being all dead ; those which he hath are French and Irish, and some English he hath taken, which he cannot trust. I hope we shall not hear any more of him about these parts. From Leith, March l.1 — The day before your letter came to hand, there was a very strong report, and it passed for supposition — he was the very soul of honour, and to suppose that he would be pitiful enough to defraud V on Siegen of his legitimate right to encrease his own scientific reputation, would be as absurd as to believe that Cromwell was a coward, or that Chatham would have taken a bribe. The Prince was fond of science, and made several important communi¬ cations to the Royal Society, of which he was a member. lie died at his house in Spring Gardens on the 29th of November 1G‘82, leaving a natural daughter Ruperta, who eventually inherited his fortune. 1 There are some prefatory canting ejaculations, much in the usual style, which have been omitted. DIURNAL OF OCCURRENCES IN SCOTLAND. 107 current among the Scots, that our navy had received a totall overthrow from the Dutch. Thereupon some of our Scotisli friends (and wee have but very few who are indeed friendly), came and told some of us that upon this defeat there would be an universal rising of the Scots, and therefore their advice was, that with all possible speed wee would retire to some place where wee might best provide both for the security of our persons and of what we had about us. And we have come to think it is more then probable that the informers spake to us in the plainness and simplicity of their hearts ; and that which makes it something the more credible is, that these men did affirm they heard it certainly reported, and carryed up and doune among the newes-mongers in Edinburgh, that an express (signifying your defeat by the Dutch) was either come, or coming from the Council of State. It is easy to see day through such a crevice as this ; we are here among those that hate us with a cruel and implacable hatred, and we stand as they did in the Revelation , — “ upon a sea of glass mingled with fire,” but yet we stand, having obtained help of God, and we live to confute their causeless curses. From Dalkeith, March 1. — We were of late sufficiently threatned by an infall of the enemy, which state of things (wee suppose) now qualified and amended ; and those wilde people of the Highlands are dispersed to their several habi¬ tations, after that some of them had bin met together with intent to attempt mischeaf upon us in some place or other. And yet before their parting they agreed among themselves to bee ready at an houres warning. There was expectation in the Highlands of a certain ship to come thither with armes and ammunition from Holland, so that questionless some design was, and may bee a-brewing among them ; and not only in the Highlands, but in con¬ sideration of the bold language and behaviour of many in their party, there is good cause to suspect that the dangers may extend to a correspondency with a treacherous party in the Lowlands ; and in all probability they would have shewn themselves, if the news of our affairs at sea had been answerable to their wicked hopes and expectations. About a fortnight since the Governor of Stirling took 108 DIURNAL OF OCCURRENCES IN SCOTLAND. occasion to search, and found many armes in the hands of the townsmen. From Dalkeith, March 5. — There is of late here no news considerable, only we have assurance that at the late meet¬ ing at Lagon, in Glengary’ s bounds, there were not above GOO men, the most of them rogues and common thieves ; they quarreld much about choosing a Commander ; some were for Glengary, others dissented. One man was slain ; upon the whole, they resolved not to meet again till oates be sown. Upon the dissolution of the meeting the Lord Seafort went to the Island of Lewis. From Paris, March 8. — There is news that he whom they call the Duke of Gloucester,1 arrived at Dunkirk, where he was well entertained by the Governor ; and the like respect was shewn him in all those places that he passed through to Antwerp. From Edenburgh, March 10. — This place affords little news. All is still now concerning Glengary and his High¬ landers, nor doe we hear what is become of Loudoun2 the Chancellor since he took his Highland vagary, nor of Munro, nor any other of that crew. The late blow given the Dutch at sea hath stricken all as dead as a herring in the north of this nation, and their correspondents and well- wishers are become very mute and temperate in the Lowlands. Many of the ministers that are called Dissenting Brethren or llemonstrators, are now in Edinburgh, and have divers meetings. The other of the pretended Assembly are very 1 The Duke’s friendly reception is again noticed in the communication from Amsterdam, p. 2290. 2 The Earl of Loudon was so unfortunate as to incur the displeasure of Charles I. and the enmity of Cromwell. The former very nearly cut off his head, and the latter excepted him from his act of grace. He was fined severely by Charles II., and soon afterwards died in 1663. He was one of the chief pillars of the Covenant, although a man of the most immoral habits. His wife, an heiress, threatened to divorce him for this crime, if he would not retract his promise of service made in England to the King. Accordingly, he was compelled to yield with many hypocritical tears and public penance for his intended loyalty, in the West Church of Edinburgh. He was brought in 1651 before the Commission of the Kirk at Stirling for adultery with one Major Johnston’s wife. DIURNAL OF OCCURRENCES IN SCOTLAND. 100 jealous, lest they should have some applications, in order to close with the Parliament, and so fall under our protection ; and upon these considerations seem much dissatisfied with their meeting. The Remonstrators have been taken up of late in some particulars touching church affairs, for the more orderly and frequent administration of the Lord’s Supper, and to make provisions for the excluding of profane persons. From Paris, March 29, Stylo Novo. — Prince Rupert is still sick in Nantes, as before you have heard of, and not permitted to sell any of his commodities. From Paris, March 22, Stylo Novo. — Prince Rupert is for certain come with three ships only into the river of Nantes. It is the news here that six of the seven United Provinces are inclined to an open conjunction with the interest of Charles Stewart ; yea, and that Holland tends the way too, since the death of the Lord Potter, who mainly opposed himself against it. The little youth called Duke of Gloucester is now with his sister the Princess of Orange. From Nantes in France, March 18, Stylo Novo. — Here entered into the river Prince Rupert with three ships only, whereof one, wherein himself rides, is the Swallow of forty- four guns, another a small frigate of ten guns, and the third a ship taken from the English in the West Indies. He can give no account of his brother,1 nor of the rest of his ships, which were separated from him by a hurricane in the Indies, and are by himself verily believed to be cast away, which great loss much dejects him. The company give out for certain that the Hollanders were to supply him with twenty-five men-of-warr to join with the small remainder of his fleet. From Paris, April 5. — The Scotish King (as they call him) and his Courtiers have gotten an ill name here ; for ’tis said their counterfeit King and they have of late turned coiners, and set up a Mint of their own in the Palace-Roval, 1 Prince Maurice — no accounts were ever received of his fate. 110 DIURNAL OF OCCURRENCES IN SCOTLAND. but with counterfeit coin, upon which they have stampt the French image and superscription. This rumour is raised by the citizens, because of the many pieces of false gold which pass up and down among them, and it is the ordinary discourse of the common sort in all places, and the better sort do a little suspect it. He hath no good luck among his people since his coming hither in point of affection, and now being weary of this country, he is like, upon the same terms, to leave them and an ill report behind him. His cousin Rupert is not yet come hither, but it is said he is recovered from his late distemper, and expected.1 From Edenburgii, March 28. — Mr Patrick Gillespie2 and Mr Levingston,3 two ministers of note, with Sir William Bruce, Sir Andrew Ker, and divers other elders, have withdrawn themselves from the meeting of the rest of the Remonstrators, as being much disatisfied with severall of their proposals. For Mr Andrew Cant,4 Mr Rutherfurd,5 Mr Blayre,6 and other leading men of that society, wherein the Lord Warristone is very active, purpose to appear in a Remonstrance, where they will discover and lay open the defections as they call them, with the deviations and miscarriages of England and Scotland’s people, not including themselves, for that, in their own apprehensions, they are the only men that kept their garments unspotted. 1 From a subsequent paragraph it appears that Prince Rupert was thought more of by the Dutch than the King, and it was proposed he should head an expedition to invade England, Ireland, or the Highlands. 2 Minister at Kircaldy— afterwards at Glasgow — thereafter Principal of the College. He died about 1670. 3 The Rev. John Livingstoun, whose Memoirs, though printed in an imperfect state, are curious. He was a great friend of Lady Culros, author of the rare poem printed in 1603, called “ Ane Godlie Dream and Mr Sliai-pe has in his edition of Kirkton, p. 61, given a very strange letter from that Lady to him. The concluding paragraph is comical enough. — “ Your clais are heir, quliilk ye left with us to male us the mor sure of you. Do not go now, for fear we poind your niclit cap.” Livingstoun died in banishment at Rotterdam 1672. His Sermon on Lot’s wife is, according to Mr Sharpe, “ one of the most extraordinary specimens of eloquence extant.” 4 Minister at Newbattle, and afterwards at Aberdeen. He was deposed 1603, and died shortly afterwards. 5 Samuel Rutherford, a well-known pillar of the Covenanters. He died in 1661. 6 Robert Blair, ancestor of the author of the Grave, and Lord President Blair. DIURNAL OF OCCURRENCES IN SCOTLAND. Ill The first thought this an unreasonable course, and there¬ fore refused to join with the latter, declaring, that if there might be any humble expedient offer’d to the Parliament, where grievances might be redressed, or any thing rectified that is amiss, they should concur with them. So we see here is a new spring of Dissenters out of the old stock. From Collen, March 25. — This day the Prince of New¬ burgh departed this life, choaked with a catarre. From Leith, April 4. — There was a meeting lately appointed by the Bemonstrators at Edinburgh, whither they summoned all the Synod to come and attend them, which did not a little vex the other party ; insomuch that they caused the kirk (where the place of meeting was appointed), to be shut against the Bemonstrators, so that they could not get in till they broke the glass, and put in one at the window to open the door. Here is no appearance yet of any stir, though the preachers are bold to mind the people of him whom they call their King, insinuating a great force and power that he is like to have, and that their deliverance cannot be far off. Master Bobert Douglas1 and the rest of the ministers that were released out of London Tower, being arrived at Edinburgh, were received with much joy and acclamation, especially Master Bobert. Lie hath preached since his return, and in his sermon he had a word upon Sectaries. April 13. — There has been published a treatise in Scotland of worthy consideration, entituled, “ Causes of the Lord’s Wrath against Scotland, manifested in his late sad dispen¬ sation : whereunto is added a Paper particularly holding forth the sins of the Ministry.”2 From Amsterdam, April 18, Novo Stylo. — The titular 1 lie preached the sermon upon the Coronation of Charles II. at Scone, lie died in the end of January 1671, about 80 years of age. Law’s Memorials, p. 58. It was said that he was a grandson of Queen Mary, who, according to Burnet, had a natural son to George Douglas, begotten while in Lochleven. These reports are very properly characterized by old Robert Mylne as “ base Whig lies.” 2 By James Gnthry, minister at Lauder, and thereafter at Stirling. He was beheaded at Edinburgh, June 1, 1661. — Law, p. 10. 112 DIURNAL OR OCCURRENCES IN SCOTLAND. Duke of Gloucester hath been at the Hague, and much made of by his sister the Princess of Orange.1 Her brother the Scotish King, hath made him Knight of the Garter, having lately sent him a George, and an invitation from himself and his mother to come into France, which it’s conceived he will accept, and that he will goe from the Hague toward France very soon. From Paris, April 23, Novo Stylo. — We have heard of Prince Rupert’s arrival at Paris. M. De Souvre, Ordinary Gentleman of the King’s Bed-Chamber, went at first to doe him civility, and offered him a lodging in his house ; but after some compliments, the Prince thanked him, and only accepted of furniture for some chambers in the Palace- Royal, which the said M. De Souvre hath since sent him ; but the less willing, in regard he knows how basely Charles Stewart’s people are wont to spoyle whatsoever comes into their hands. The said Stewart hath nominated the Priest Calaghan, an Irishman, and kinsman to Muskerry,2 to go to Rome, to exhort the Pope to use his interest with all Christian Princes for assistance against the Commonwealth of England, promising, when himself is settled, to allow liberty of con¬ science, and to permit the re-establishment of Popery in England, Scotland, and Ireland ; but for want of money the Priest is not yet gone. Edinburgh, April 0. — The Commissioners for the ad¬ ministration of justice in criminal causes sat this week upon tryal of sundry malefactors, among whom was one 1 The Princess of Orange, after having long supported an unblemished reputation for chastity and prudence, was finally supposed to have shewn too much partiality towards Henry Jermyn, afterwards Lord Dover. She was persuaded by her foolish mother to believe that the French King might be inclined to marry her, and on that suggestion went to Paris with so extravagant an equipage, that she got into difficulties, and sold all her jewels and. wasted her four estates. See Burnet. 2 Charles Maccarthy was created by Charles I. in 1627 Lord Maccarthy, Baron of Blarney and Viscount Muskerry, both in the county of Cork. In 1658, Donough Maccarthy, Viscount of Muskerry, was created by Charles II Earl of Clancarty. From Lodge (vol. ii. p. 36, Lond. 1789), , we learn, that Donough was the grandson of Charles— his son and heir Cormac, who married Margaret, only daughter of Donough fourth Earl of Thomond, having predeceased his father. DIURNAL OF OCCURRENCES IN SCOTLAND. 113 found guilty of murder by the Assize ;! and one James Chrichtoune, a J esuite, rendered himself guiltie by his own confession, acknowledging that he had said Mass in divers places of this nation, and insisted much in justification of his own opinion ; he declared a readiness to suffer (without reluctance) whatsoever should be inflicted on him, boldly affirming, that the worst measure he could receive from men would tend most to his own advantage. Sentence is not yet pronounced against these two.1 2 Leith, the same date. — Colonel Atkins having set out two private men-of-war, the one called the Oliver, commanded by Captain Anthony Lilburn, carrying ten guns, and the other of six guns, called the Adventure or Rook, the former this week brought in a small Dutch prize into Leith, the latter brought in a fly-boat of two hundred tun, laden with tallow, hides, stockfish, and other commodities, valued to be worth L.6000. They pretend to be of Lubeck, yet it is hoped they will prove a prize, having, as is alleged (before their taking) thrown many of their letters and cockets overboard. The little vessel had divers pictures and books which did very much magnifie the Dutch in the last engagement, and vilify the English and a description of the sea-fight. April 28. — All is quiet in the Highlands, and Glengary hath parted with his forces. Those Declarations which were so hotly debated not long since by one of the Kirk parties (for they are now in no less than three divisions) against all the people in England and Scotland that tread not in their wayes, have not yet attained strength enough to look abroad, and it is a question when they will, for endeavours are not awanting by some of their own to strangle them in the birth. But leaving them to their own fate, either to sink or swim, and casting an eye upon the Highlands, I find there 1 .Tolm Ritchie, convicted of the barbarous murder of William Leggat. lie died in prison, and thus escaped the hands of the hangman. 2 From the criminal records Crichtoune appears to have been convicted, and sentenced to banishment from the three kingdoms — a mild punish¬ ment, considering the times. VOL. II. 8 114 DIURNAL OF OCCURRENCES IN SCOTLAND. a people that have little or no rninde to remonstrate, hut watch and listen after all occasions and opportunities that may encourage them to act against us. But God will (we trust) disappoint them all. From Paris, April 26, Stylo Novo. — Prince Bupert keeps close in the Palace-Boyal, having little converse with any but his cousin Charles Stewart, to whom, as also the little Queen, he hath [given] two or three Blackamores. His fleet is reduced to a very small frigat, and the other, the ship called the Swallow, belonging formerly to the State of England, which begins to be old and rotten, so must be repaired ere she put out again to sea. We hear of no great matters he hath brought with him out of the Indies ; nor is there any news yet of his brother Maurice. It was thought Charles Stewart would have been packing before this time, but as yet there are very slender prognostics or probabilities of his departure, and as slender are his encouragements here to stay. From Copenhaven, June 25. — The Lord Wentworth is here at present from his pretended Monarch Charles Stewart, with great applause and state, but come here in an unseasonable time for receiving supplies, and I think his expected sea or land auxiliaries will prove no less frivolous. From Leith, July 5. — There is news come to Edinburgh that the Highlanders have had a rendesvouz, where they took a resolution to fall upon present acting, which they accordingly put in execution ; for the Highlanders, led by the Marquis of Huntly and the Lord Balcarres, fell lately upon some of our forces and engaged them, but which of ours it is not yet known. The same intelligence saith that the Lord Balcarres is slain in that skirmish, which was between them. From Edinburgh, July 6. — You have formerly heard what a ranting Declaration was set forth by Seaforth, who plays Rex in Lewis Island, but I suppose his reign there will be but short, care being taken to root him out. There are severall ships, men of warr, and merchants, DIURNAL OF OCCURRENCES IN SCOTLAND. 115 ready to weigh anchor out of Leith road, with severall of our foot forces, commanded by Colonel Cobbet, and pro¬ visions of victual and other necessaries requisite for the undertaking : the reducing of that place will be of very much advantage, both to hinder the Dutch victory, and insure our own trade. This week five prizes came into Leith road, taken by the Greyhound frigat, not far from the Sound. Two of them were Danes of good burden, one of them well laden ; the other three were Dutch busses. Next week the General Assembly of the Kirk intend to sit down according to their usual custom, the dissenting brethren are come to town before, in order to some distinct consultations. The other party have a jealousy over them lest they should comply too much with us. The little Falcon hath this week brought in three prizes. She was on the coast of Norway, and went up a river a good way into the country ; two of the vessels were laden with herrings, the other with flax. From Dalkeith, July 12. — Our ships and party are now going for Lewis, from whence Crawford, Charles Stewart’s agent, is newly gone, with divers subscriptions from many Lords and most of the Chiefs of Clans, with their earnest desire of supplies, according to his promise and engagement to them in his late message. Moreover, Seaforth himself is gone towards Loghaber, where the continued great meeting is. There the Lord Balcarres, Glencairn, and Glengary are very active to little purpose as yet ; the former of which having very good horses with him, the Highlanders have stolen two of the best from him, and are gone with them. Argill and Huntly had lately a meeting about settling Huntly estate ; they both pretending to peace, have desired a protection for Huntly to come to Edinburgh to advise with his lawyers about completing his agreement between him and his uncle. The Generali Assembly is next week to sit down if they be not hindered, for that they would carry on that form as high as ever. A Danish merchantman being taken at sea, is brought into Leith harbour, where more are expected to follow. 116 DIURNAL OF OCCURRENCES IN SCOTLAND. From Edinburgh, July 18. — The news in this Southern part of Scotland is not very considerable, all being quiet, and desirous to be quiet. The greatest contest like to be here¬ abouts is that of the Tongue, betwixt the men of the goun, I mean, the differing churchmen ; for the General Assembly being now to sit down, and intending to offer at somewhat in the behalf of the Kirk, and those other intrigues which concern the grounds of dissatisfaction betwixt them and their dissenting brethren, it is conceived the dissenters will be thwarting and make opposition against whatever they shall declare or determine. I perceive the feud is so high and deadly between them, and the rent so wide, that it can never be made up again ; at least not as things now stand ; but perhaps if the Kirk were in their old power (which they abundantly affect), they would repair the breach, or blast the men with their spiritual thunder. What this sitting of theirs may produce, a short time will discover. The Northern Meeting of Lords, Lairds, and Gentry holds still at Loghaber. Their design, whatever it be, depends much upon the coming out and success of the Dutch at sea. Seaforth was among them, but is now returned to Lewis for defence of that Island. Charles Stewart had an agent lately among them, who came with instructions, and, some say, commissions, from his master, besides many promises, hopes, and encouragement ; and he is now returning with their answer. What these can do (if they dare do any thing) farther than to alarm our quietness, and warm them in the winter, I do not understand, nor do I believe they have any encouragement to come south, the Lowlands being weary of the war. From Edinburgh, July 21. — We have here a very re¬ markable accident fallen out yesterday, which is a dissolution of the General Assembly of the Kirk, and a dispersion of the members. As soon as sermon was done, and they had gone to the Assembly House, and entered upon their business, Lieuten¬ ant-Colonel Cotteril went into them, and standing up upon a bench, with a loud voyce proclaimed that no judicatory ought to sit that had not authority from the Parliament, and so causing them to depart, he conducted them with a DIURNAL OF OCCURRENCES IN SCOTLAND. 117 troop of horse and a company of foot out at the West Port, then bidding them close round in a circle, environing them with horse and foot, he blamed them for their bold meeting, took in their commissions, required them not to meet together in a company, and that by eight o’clock this morning they should all quit this city, and repair to their several homes, or else to suffer as enemies of the Commonwealth ; so there is an end of the Kirk Grand Assembly, which hath been an engine so formidable in Scotland. From Edinburgh, Aug. 1. — Here is little of any moment in these southern parts, save that the ministers are very angry, and express it both in their prayers and sermons at the dissolving of the General Assembly by so rough a hand ; which, as it was a thing unexpected, so it works, according to the variety of men’s judgments and apprehensions, severall passions in this nation. The Marquis of Argile seems an earnest contender to pre¬ serve his fidelity professed to the Parliament, and endeavors to keep those in his country from any correspondence with the Highlanders. Besides, he has written a very passionate letter to his son, to conjure him away from that party who are still a-heading in Loghaber, and expecting an opportunity to do mischief, being confident they shall hear of the Hol¬ landers good success at sea, who, they think, will be service¬ able to them in their design. From Edinburgh, August 11. — Here it hath been pro¬ claimed at the Market Crosse what persons shall come in and give caution for good behaviour to the Commonwealth. The substance of the Proclamation was as followeth : — By the Commissioners appointed for Administration of Justice in Scotland. Forasmuch as there bo many laudable Acts of Parliament of this nation made for the suppression of sorners, broken Highlanders, Borderers, and such as have disregarded the peace of the nation in former times, and in particular, the 92, 91, 97, 98, 101, 103, 109 Acts of the 11 Parliament of King James VI., besides many other Acts and Statutes of Parliament aud Privy-Council tending to the prevention and 118 DIURNAL OF OCCURRENCES IN SCOTLAND. remedy thereof, which, by reason of the late troubles of the country, have not been put into execution, whereby many loose and turbulent persons, such as against whom these Acts and Statutes were made and provided, do now take occasion to trouble the peace of the country, and commit outrages, inso- lencies, and depredations upon the well-affected, and those who love the peace of the nation : For remedy whereof, and for prevention of any such disorders hereafter, and for the better keeping of the peace of the nation, it is hereby ordained, that the Marquis of Huntly, the Laird of Parke, Laird of Haddo, Laird of Newton, Laird of Rothmey, Laird of Arra- douille, Marquis of Argile, Lord Lome, &c., and all others not afore named, Noblemen, Barons, Gentlemen, and others yet on life, and the heritors of, and successors to, the lands and estates of such as are deceased, aud the tutors and curators of so many as are minors, deceased, particularly expressed on the roll remaining in print, joyned to the Acts of Par¬ liament of King James VI., Parliament the 11, 1587, whose names or title are as followeth : — The Laird of Macfarlane, of the Aroquhair, the Laird of Lusse, and all others, land¬ lords, bailiffs of lands, captanis, chieftains and chiefs of clans whatsoever in the Highlands, are to find caution by landed men in the country, to conform themselves unto the said lawes, Acts and Statutes of Parliament and Privy Councell above written, and to all other laws, Acts, and Statutes of Parliament made thereanent and relating thereunto : And particularly, ordering all chiefs of clans and others aforenamed, specifiet, mentioned, and hereby intended, to come and find sufficient caution acted in the books of the High Court of Justice at Edinburgh for causes criminall, or elsewhere where the Court of the law shall happen to be for the time being, to be held for them and their friends, followers, and dependants peaceable carriage, according as they or their ancestors and predecessors have been formerly ordained as aforesaid, and under the pains therein contained, betwixt the Proclamation hereof and the first day of October next ensuing ; with certification, if they fail, that they shall be holden as contravening the said Acts of Parliament, and prosecuted accordingly with all rigor. And forasmuch as the premises are of publick concern¬ ment, it is hereby provided and publickly declared, that no DIURNAL OF OCCURRENCES IN SCOTLAND. 119 person whatever hereby intended for finding caution as aforesaid coining into the Lowland to provide and give in the same, shall any ways in his person be molested or troubled by caption, arresting, or other imprisonment for any civil cause whatsoever, until the said first day of October and ten days after, for their returne home be expired, and all the Sheriffs, Baillifs, Messengers of arms, and others whom it doth concern, are to take notice hereof, and give due obedience thereunto. And it is hereby ordained, that these presents shall be as sufficient as if every particular person hereby entitled for giving caution as aforesaid, were herein specially inserted and named. This Proclamation to be published at the Market Cross of Edinburgh and the Market Crosses of the head burghs of all other shires next adjoining to these parts where their lands lie, where free access cannot be had. Given under our hands at Edinburgh, the 7th July 1G53. Hen. Wh alley, Advocate-General. George Smyth. And. Owen. Jo. March. Ed. Mosley. From Edinburgh, August 3. — There hath been published a Declaration by the Commissioners for the visiting the Uni¬ versities in Scotland, and placing and displacing Ministers, which doth much amaze them after so long forbearance. The Declaration itself you have here enclosed. It especially forbids preaching or praying for the King ; and yet the day after it had been proclaimed here at the High Cross, Mr Lowrey1 preached and prayed for him more earnestly than ever before, for which he was apprehended as he came down from the pulpit, and committed to the Castle, but on promise of better demeanor in time to come, he was released. The rest of the Ministers are, since the Proclamation, more fierce than ever in praying for the King, as they call him, especially the Remonstrators, who, till now, have been either silent or cold in their petitions for him. Mr John Stirling2 declared himself in opposition beyond all men’s 1 Mr Robert Lowrie was one of the ministers of Edinburgh, and was engaged with Mr John Adamson and Zachary Boyd in translating the Psalms (see Baillie’s Letters, vol. iii. p. 554). After the Restoration he conformed, and was appointed Dean of Edinburgh. In 1671 lie obtained the See of Brechin. He died in 1677. 2 Mr John Stirling, one of the ministers of Edinburgh. He had the 120 DIURNAL OF OCCURRENCES IN SCOTLAND. expectations, and paraphrased upon the Proclamation very boldly. The Highlanders are now certainly in a body to the number of four thousand. Glencarne is their Generali. Its said Middleton and some few Officers are got to them. The Earl of Seaforth is raising all his men : the like is M‘Leod, who till now have laid quiet. There is no intelligence which way they intend, whether northward or westward. We have secured some West Country gentlemen their correspondents. The Lord Lome, Argile’s son, is among them in the Highlands, but the Old Fox is (as is said) a great opposer of them. From Edinburgh, August 14. — We have now certain intelligence, that on the 27tli of July, Charles Stuart’s standard was set up at Killing. On that day forty horsemen, well mounted, with swords and pistols, went by the House of Donne (six miles from Stirling) towards the Highlands. And on the 28th, Sir Mungoe Murray went thither in the night, and Kenmore, with one hundred horsemen, crossed the Water of Clyd, and went by Dundreth towards Killin, and is returned into the South to raise more forces, for they intend speedily an attempt against us. On the 30th, Glencairn was at Maggrigor’s house in Loch Kennoth, and lifted three men there ; to each he gave two shillings and sixpence, and sent them for the Lowlands, there to be in readiness, and to return upon notice. All possible care is used to receive him if he comes into these parts. Boliauty is a place of no strength, but the best of the three wayes out of the Highlands. On the 31st of July, in the night, divers horsemen went through Strabarne, by the House of Ondoth, into the Highlands. Further from St Johnstone’s, August 13. — Last night late I received intelligence that Middleton is landed in the Highlands with arms, ammunition, and men, the number not known. They are up in arms, and intend some sudden exploit. My intelligence saies they intend to fall upon Innerness, and that the Highlanders did intend to fall upon good sense upon the Restoration to recant his remarkable protestation, and complying with the indulgence, in this way evaded punishment. DIURNAL OF OCCURRENCES IN SCOTLAND. 121 Mernes and Angus ; and I find there are many broken parties out at this time. With these intimations we may here add a copie of the Declaration set forth touching the Ministers preachments for their late King. By the Commissioners for visiting Universities in Scotland, and 'placing and displacing of Ministers. By vertue of an Order to us, directed from the Right Honorable the Councel of State, impowring us to punish all such in the Ministry or Universities as shall be found reviling the present Government, or shall endeavour to debauch or keep the people disaffected, by praying for the pretended King of Scots, or his late father’s family, or by praying or preaching for a Monarchical Government, by which they labour to weaken the just interest of the Commonwealth of England in this nation, and to affix and fasten the common people in their enmity and oppositions (who are caused to err by following such sowers of sedition) , all which being contrary to the aforesaid Order, and also expressly forbidden by the Word of God, which injoynes a peaceable subjection to Civil powers, and much more to those that the Lord hath now appointed over this nation, to the justice of whose cause his hand hath given a divine and immediate testimony in most memorable and many signal consequences; wherein not only to see and acknowledge the fingar of God, but on the contrary, maliciously to oppose the wayes of his Providence, must needs argue a very high degree of ignorance or wilfulness : Therefore, in conscience of our duty to God, as also in reference to a faithful discharge of that trust and authority committed to us, and for preventing the great inconveniences by such enormous practises in Ministers and others for the future, W e do, by these presents, declare to all persons whom these may concern, That whosoever shall be duely convicted to offend in any of the aforesaid particulars, after publication of this our Declaration, shall be severely punished, and proceeded against as an enemy to, and a disturber of the peace of the Commonwealth. And to the intent that due notice may be given, We do order that these presents bo printed and publickly proclaimed at the Mercat-Cross at Edenburgh, 122 DIURNAL OF OCCURRENCES IN SCOTLAND. and also that copies thereof be sent to the several Sheriffs in the respective counties and shires in this nation, to be by their appointment proclaimed in the chief mercat-towns or boroughs within their jurisdictions, and to be affixed on the mercat-crosses or most publick places, whereby full obedience may be given to the above mentioned Orders, and none concerned may pretend ignorance. Given under our hands at Edinburgh, the second day of August 1G53. Ed. Mosley. A. Owen. Geo. Smyth. Jo. March. Sa. Disbrowe. Ed. Tyler. It. Saltonstall. August 17- — Came letters from Paris, which speak little save only of the retreating of the Prince of Oonde, and of the recovery of Charles Stewart, who had been very near death, through a surfeit taken by eating of fruit.1 From Edenborugh, August 20. — Upon Friday, Saturday, and Sunday, the 12th, 13th, and 14th instant, the High¬ landers lay in a wood about three miles from Ruthven Castle, a garrison of ours the nearest to these mountains. Wc expected they would advance farther, for they gave out great words to that purpose ; but on Sunday night a brother of Lord Ogilvy’s came to them, and made a relation of the conflicts at sea — how that the Hutch were routed and run home. This so surprised them, that immediately after they dispersed themselves, some going one way and some another. The Lord Lome, the Marquis of Argile’s son, with Maclane and their men, I'eturned homeward over the hill. Glencairne and Glengary went their ways up the Water of Spey towards the Brays of Loghaber (their usual place of refuge), much troubled that their designs are thus blasted in the bud. Our Commander-in-Chief will now, I suppose, suspend his march into these parts ; however he may, probably ere long, give them an alarm with some of his forces. 1 From the communication of the 3d September, it seems that the King was still ill — that he woidd not consent to he bled, and would not he con¬ fined to bed, but preferred resting on chairs, and occasionally t aking an airing in the garden when the weather was fine. DIURNAL OF OCCURRENCES IN SCOTLAND. 123 From Edinburgh, August 26. — The Highlanders designs are now at an end, nor is there like yet to be any new thing among them. However the resolution of our Commander- in- Chief holds still to go over the water, intending to visit the frontier garrisons, and let those mountaineers under¬ stand that he is not sleeping. The ministers continue to pray for their King, but it is in such covert terms that they cannot be laid hold on.1 From Bristol, August 27. — At Monmouth Assizes an old man of eighty-nine years, was put to death for adultery, committed with a woman above sixty.2 From Edinburgh, September 3. — Colonel Cobbetand his party got possession of Lewis Island about ten days since, and had the arms of the place surrendered to him without the least opposition. The day following, a man of war of sixteen guns, that went with the party for Lewis, was seen near the shore sounding the water, and not far from Elloh Donnel a house of the Lord Seafortes, which Lord having word of the English landing, would have garrisoned Kintale, but could 1 In justification of their acting, they published “ Some Reasons why the Ministers of Christ in Scotland ought not to he punished for praying for the King ; and wherefore they cannot in conscience omit that duty.” This was answered in a pamphlet published at Leith. 2 In Scotland this crime was long capital, and numerous offenders suffered the last penalty of the law. Parties were sometimes, and the last case that has been traced was one at the Perth Circuit between 1790 and 1795, where a party having appeared at the Circuit Court to answer a criminal indictment for this crime, the diet was deserted by the Crown pro loco et tempore, and nothing further was done. There is in the Book of Adjournal a singular case of this kind, in which a Scottish historical writer figures as apannel. On the 11th November 1633, the Lord Advocate and Sir James Hamilton of Preistfield prosecute Mr Robert Monteith, minister at Duddingstone, for adulterie committed by him with Dame Anne Hepburn, sometyme Lady Preistfield. The Reverend gentleman did not choose to appear in Court, and was thereupon denounced rehell, but as Robert Monteith of Salmonet he attained preferment in France, and wrote “ Histoire des Troubles de la Grand Bretagne, depuis l’an 1633, jusquen 1649. A Paris 1661, folio.” This was translated into English by Captain Robert Ogilvie, Lond. 1735. Ilis father was said to be a mere fisherman, or tacksman of fishing ; in order, therefore, to figure as a person of feudal importance, this ingenious and not very moral Scotsman styled him¬ self of Salmon-net, which, by the omission of one letter, sounds very well. 124 DIURNAL OF OCCURRENCES IN SCOTLAND. not effect it. Major Bird, one of our Commanders, died of a fever in Orkney, August 15th, who was intended for to be Governor of Lewis. Out of Stirling we have notice that the Lord Lome (Argile’s son,) and Kenmore, came within seven miles of Stirling, with one hundred and twenty horse, but upon the appearance of some horse of ours, they retreated. Colonel Lilburn, our Commander-in-Chief, having no occa¬ sion to march on, the Highlanders being quiet, and many of them desiring to live under protection, is returned back to Dalkeith. From Dalkeith, Sep. 3. — Colonel Cobbet entered Lewis Island about fourteen days since, and had the arms of the Island brought unto him without any opposition. On Tuesday was seven-night, Major Bird died of fever in Orkney. Seaford is doing what he can to secure Ellendella, a house of his in Kintaile, over against the Lewis, but few of the people come unto him, and I hope our folk will reduce that before Colonel Cobbet returns. The Lord Lome and Kenmore are busie about the west of Stirlingshire, and were, with about two hundred and sixty horse and foot, within seven miles of the garrison, fired at some of ours and killed an horse out of an ambuscade. Colonel Read is marched out against them with three com¬ panies of his own regiment, and three troops of horse. Glencairne is gone to Mule (Mull) Island, but to what purpose is not known. The Assembly at Aberdene was lately disturbed by Colonel Morgan, which drew a Protestation from Mr Andrew Kant (Cant) and the rest against him. Sir James Macdonald, who is the greatest man in the Hebrides Islands, sent hither the other day to Colonel Lilburne for protection to himself and some friends, and expressed much resolution to preserve the peace, &c. I conceive the Lord Lome’s case being desperate, by reason of his father having turned him off, makes him joyne with that wretched fellow Kenmore and other vagabond people, to live upon the spoile, but all they can doe will not signifie any thing to speak of, nor will more wilde people be able to make any considerable disturbance. DIURNAL OF OCCURRENCES IN SCOTLAND, 125 Upon Colonel Lilburn going to Stirling and St John¬ ston, he found those parts very peaceable, and met some Commissioners from the Western Counties, to give him assur¬ ance of their peaceable intentions to prevent any jealousies of their actings, together with their utter dislike of any of those proceedings that have been or are among the High¬ landers. From Dalkeith, Sept. 6.— -In my last I acquainted you with the Lome and Ivenmore’s coming into Stirling, and Colonel Read’s marching towards them ; since which there hath been a little skirmish, wherein they killed us two horse and two men, and wounded us about twenty men and some horses, but they were as well requited. When the craggs could shelter them no longer, they left our men upon plain ground. There appeared about fifty of their foot and some horse. Divers of their foot run along the hills, from hill to hill, flanking of our men, and gauled us upon the retreat, which occasioned our loss. Colonel Read yet lies on the field near Port, by the Isle of Montille (Monteath), near which the engagement was. As yet we hear no further from Lewis. There are divers Dutch pickeroons that rove upon their coasts. Y ou have here inclosed a copy of a paper sent by Kenmore to the Lord Cardrus,1 whereby you may note his confidence: — “ My Lord — I doubt not that your Lordship knows the intentions of this kingdom, also the posture of affairs, and how they are ordered. Therefore your Lordship is hereby 1 David Erskine became second Lord Cardross, on tlie death of his grandfather John Earl of Mar, who had obt ained a charter from the Crown, dated 10th June 1610, of the Lands, Lordship, and Barony of Cardross, with right to the dignity of the peerage, in favour of himself “ suosque heredes masculos assignatos et successores.” Lord Mar, under a reserva¬ tion of his liferent, conveyed the Lordship of Cardross to his second son Henry, and a charter under the Great Seal was passed 13th March 1617-18, ratifying the grant. Henry died however before his father, and in this way the right to the peerage and estate did not open to David until the Earl’s death in December 1634. Lord Cardross was, to his immortal honour, one of the few Scotish Peers who protested against the delivery of Charles I. to the English army. His Lordship died in 1671, and was succeeded by his eldest son Henry, whose lady was a shining light amongst the Presbyterians. 126* DIURNAL OF OCCURRENCES IN SCOTLAND. required to put out your proportion of horse and foot, your horse to Sir Mungo Murray, your foot to the Laird of Duchray, with assurance, so long as their bounds shall be deficient. I must expect quarters of you; but in expectation of your forwardness, I remain, your humble Servant, “ 2d Sep. 1653. “ Kenmore. “ I also desire provisions, conform to my quarter-master’s note, may be provided this night, so that it may be con¬ veniently brought where I shall be. “ For my Lord Cardruss.” These are to require the Commissioners of Cardruss to bring to John Neiper’s house, within two hours after sight hereof, thirty wedders, four and twenty pecks of meal, and sixteen stone of cheese, as you will answer upon your highest peril. John Inglish. From Edinburgh, September 10. — The Marquis of Argile declaims much against the courses of his son Lome holding forth very large affections for the public peace, which we hope are real, and that he will not forfeit by any after pro¬ ceedings, nor shall we suspect him till wo see reall ground to the contrary. He is now labouring to reclaim his son from that desperate party to which he hath given up him¬ self. All the stirs in the Highlands are at a stand still, and the ringleaders retired to their several stations ; when they will venture out again is not imaginable, but being desperados, they know no other way of prosecuting their private ends, but by disturbing the publicke, as often as they fancie a favourable opportunity. The Ministers are not so forward as they were to pray for their pretended King in express terms, but they hint it shrewdly in their prayers to that purpose. From Dalkeith, Sept. 13. — Colonel Gobbet entered the Lewis the 10th of August, left Major Crispe, Governor, with four companies ; they found a peninsula, going near Loughsternay, very considerable, to be fortified ; they had DIURNAL OF OCCURRENCES IN SCOTLAND. 127 there two great guns and four sling pieces ; from thence they sailed to Mull, and entered there the third instant, and have taken in the strong Castle Dowart,1 and are masters, by that means, of one of the greatest clans in Scotland, who have been most active enemies. Their chief and diuers of that clan were there that fought so stoutly at Inner- kethen, where most of them were slain. I hear Glencairn and the rest of his rabble intends to raise 1000 to 1500 men out of those wandering vagabonds, and broken people both in the High and Lowlands to keep up the name of a party against us to gain credit abroad. A ship from Nor¬ way reports a hundred Dutch ships to be there in great fear of our fleet ; and from Orkney it is certified there are between thirty or forty sail gone lately towards Norway : of one of these of two hundred tons, most of the loading, tobacco, was wreckt upon these islands. One Mr Waugh, a minister, is committed by the Judges to Dunstafnage Castle for preaching and praying for the King. Scotland, Sept. 17. — The Highlanders are indifferent quiet. Only since they and others of this nation cannot subdue that power of the English that is amongst them, they destroy as many particular persons as they can take advantage of. There has been lately several cruel murders committed. Three of Colonel Fitche’s regiment were killed, looking to the officers houses in sight of Innerness. Three Scots in and near the town (who they were acquainted with) dis¬ coursing with them, each took his opportunity, and dirked his man, and rode away to the Highlands with the horses, where this treacherous act was highly applauded. Mr Fulford was barbarously murdered between Peterhead and Frizleburgh,2 going after Colonel Cobbet. Last week a souldier of Major Bridges troop going with two suspicious persons that he had before apprehended near St Johnstons, they took advantage of him coming down a hill near the Bridge of Earn, one took him by the hair of the head, and 1 The Family seat of the Macleans, who still possess one-half of Mull. a Fraserburgh. Fraser was anciently termed Frisel. — The name is said to be French, from Frais, a strawberry, which the Frasers still bear on the arms. 128 DIURNAL OF OCCURRENCES IN SCOTLAND. the other drew out his sword and run him through. Also two or three that came from the Bray of Maner Castle have been murdered by some Highlanders (who they call caterens), that is, Caran, robbers. They have stole divers horses out of several of our quarters, and carried them into the High¬ lands, where there is no pursuing of them. The High¬ landers propose to have a thousand men together at the latter end of this month, which shall be a standing party under the command of Glengary. ATAldey1 is to raise two hundred men, M‘Clap2 two hundred men, Seafort three hundred, and Glencairn and Glengary to make up the rest. They resolve to keep together till they have word from the King of Scots, which they give out will come to them shortly, or however the next spring. They report that the English dare not (or at least cannot) doe them any prejudice, except they fall down into the Lowlands, which is not intended by them untill they have more strength ; and they will, if they can, forcibly prevent the countries adjacent to the Lowlands from paying any assessment to the English, but to them¬ selves. From the Hague, 26th September. — We do hear that the Highlanders are very strong in a body together, and if they had but arms, they would get a greater number. The Lieutenant-General Middleton is yet here. He is soliciting of the States here for arms and ammunition, which will not be granted him, as we believe, till such time as the Treaty be broken off. September 29. — By letter from Scotland thus : — Yesterday Captain John Hume (who was sometime since reported to be dead) was brought prisoner hither — he and some others were to have had commissions from Glencairne, and to have made a general rising for Charles Stewart, so that I perceive the design of the rising was epidemical. Marquess Huntly is coming in, to give bond for his peaceable demeanor and 1 Sir Ewen Cameron of Locliiell, whose extremely valuable and inter¬ esting Memoirs by Drummond of Balhaldy have been printed for the Abbotsford Club, &c. Edin. 1842, 4to. M‘llduy means the son of Black Donald. 2 An odd mistake for the Chief of the McLeans. DIURNAL OF OCCURRENCES IN SCOTLAND. 129 submission to the present Government. I have heard nothing from Major Cobbet since his possessing Mula Island, though I hope he hath done something upon Seafort’s house in Kintale before this. Major Darrel, who commands a private man of war belonging to Colonel Atkins of Leith, yesterday brought in six small Dutch prizes into Leith Harbour. From Dalkeith, September 22. — While Colonel Cobbet staid in Mula Island, the Marquis of Argile came thither, and by his advice and assistance the heritors of the country were brought to engage that themselves and servants shall live peaceably, obey the authority of Parliament, and pay sesse as the rest of the Shire of Argyle doth ; and further, engage not to act, nor suffer MacCleane the tutor to act any thing prejudicial to the affairs of the Commonwealth, nor to the garison settled in Dowart, nor to pay any rent to the said MacCleane, out still in rebellion, and was at our coming thither in the Isle with Glencarne to raise them, to join with those that are to meet at Lochaber the 1st of October ; but upon our coming they went to Fy vie's Island. There happened, the 2od instant, a very violent storm upon that coast, which continued sixteen or eighteen hours, in which we lost the Martha and Margaret of Ipswich, a large ship, which carried all our remaining stores of ammu¬ nition and provision, only the great guns and mortar piece were saved. We lost a small man-of-war called the Swan, Capt. Tarleton, commander, and two small ones, and most of our boats. But that which was most sad was the loss of the Speedwell of Lynn, which having twenty-three seamen and soldiers in her, they were all (except one man) cast away. The loss of provisions occasioned Colonel Cobbet to boat over his men to Dunstaffnage, and so to march through Argile’s country, a dangerous passage, in case the rebels which are now on foot, should interrupt them in their passage, which they are preparing to doe, though I hope he will get through the Highlands before they can be in a readiness. The wind was so violent, that in one place so much of the topp of a rookie hill was blown down, as that the stones that fell from it cover'd an acre of ground. From Edinburgh, October 1.— Things are here at present VOL. ii. 9 130 DIURNAL OF OCCURRENCES IN SCOTLAND. in a quiet posture ; but its because they arc kept so by vigilant force, for the coals are blown by the discontented Kirkmen, who, not daring to pray for Charles Stuart openly, doe yet remember him in covert terms, and such as are well enough apprehended by the people. They hanker still after that broken reed, being fed with stories from beyond sea, which raise expectation. They talk of arms and ammunition to bee landed, and they say Middleton is to be the man that must bring them out of Holland. Thus far the truth is, that Middleton hath strongly endeavoured to get supply at the Hague, but the States have hitherto rejected him. In the meantime, the Highlanders doe ramble up and down, and make incursions into the Lowlands with small parties. The most considerable of them is Kenmure with his companions. Westminster, October 4. — A Bill for the uniting and incorporating of Scotland into a new Commonwealth with England was read the first time, and a day appointed to read it the second time.1 From Colonel Lilburne, at Linlithgow, October 8. — Hearing that the Highland Tories were to have rendezvouz near the head of Lough Lomond, not far from Stirling, we are drawing some forces that way, to prevent their infall ; but they take their opportunities in the night time, and steal horses, and encrease their body daily ; and we perceive the ministers are not altogether ignorant, nor free of corre¬ spondence with them. Could we but tell how to come at them, I should hope to give a good accompt of them. Glengary is gone to meet Sir James Macdonald. Ken- more hastens all he can together. The Marquis of Argile stands firm yet, and some that have formerly been out, are now (notwithstanding the present stir) come in, and desire to live peaceably under protection. From Edinburgh, October 8. — The Highlanders increase 1 The Bill was committed on the 11th October following, and on the 18th the House “ sate in a grand committee” to consider the Bill. On the 25th the 1 louse again sat in committee on the same matter. DIURNAL OP OCCURRENCES IN SCOTLAND. 131 their numbers. Many persons of desperate lives and fortunes running into them, and for their better provision, steal horses throughout the country. It is certain they intend much trouble, and make all preparations possible for that purpose ; and, in my opinion, if they be not timely checked, the disaffections of many in the Lowlands will engage themselves in the same design, and carry them to desperate courses. They expect great supplies from Charles Stuart ; however, ’tis without question, he will extend his utmost interest to carry on this business, and rack all his relations and friends for fewel to this fire, and the Dutch will not fail to cast in their faggot. It is one comfort, that the managery of this and all other affairs is in the hands of one that hitherto hath [overruled], and, I trust, will overrule, all such malignant designs. Leith, same date. — The enclosed is the first course taken to suppress that growing party of rude people in the Highlands, (which some call bob-tails) ; they are now become numerous, by an addition of five or six hundred, which makes them above one thousand horse and foot ; but the most effectual course will be taken (God assisting) to suppress them, though it will be hard service this winter season, and the places where they are inaccessible : — By the Commander of the Forces in Scotland. Whereas his Excellency, by his Proclamation of the 5th day of November 1G50, heretofore published (remaining still in force), requiring plenary satisfaction for goods, and life for life, taken from any of the English army, of those parishes and places where the fact should be committed, unless they should discover and procure the offender : And whereas the Commissioners appointed for administration of Justice, have lately published their Proclamation of the fourth of July last for the suppressing of vagabonds and masterful beggars, notwithstanding which Proclamation many thefts, robberies, and murders, are frequently committed, both upon English and Scots, by the gathering together of many desperate, rebellious, and broken people, upon the braes of the High¬ lands, and in some other parts of the nation : for prevention 1.32 DIURNAL OF OCCURRENCES IN SCOTLAND. thereof, and for preservation of the peace for the time to come — These are strictly to require all Magistrates and Officers, as well Civil as Military, and all other persons whatsoever, to take care that no suspected person or persons travel or abide within their bounds or jurisdictions without calling them to account for the same ; and if they shall not give good account of themselves, to cause them to be secured : And if any of the said rebellious persons, or any person suspected belonging to them, or travelling to joyn with them, or coming from them, or any Spy or Intelligencer of theirs, shall come within any burgh or parish, such burgh or parish are hereby strictly required either to apprehend them and keep them in safe custody, or cause timely notice to be given to the next adjacent forces of the English army ; who are hereby required, in like manner, to apprehend and secure them ; and such person or persons as shall be so apprehended and secured, notice thereof is to be given in writing to the Judge- Advocate of the Army, and Advocate- General of the Commonwealth, whose order for their further disposal by the direction of myself or Civil Judges is to be observed ; or if any person or persons shall refuse or neglect his or their duty in the premises, they shall be adjudged, deemed and taken as disaffected to the peace of the Commonwealth, and proceeded against accordingly. And if any shall at any time furnish the aforesaid rebellious persons with monys, horse, arms, ammunition, victual, or any kinds of necessaries or provisions whatsoever, or be any wayes ayding, abetting, assisting, or countenancing them by advice, counsel, intelligence, connivance, or any other correspondence whatsoever, such person or persons shall be adjudged, deemed, and taken as enemies to the Common¬ wealth, and proceeded against accordingly. A nd for the encouragement of all such as shall apprehend any of the aforesaid persons, or shall bring or give timely intelligence to the next forces as aforesaid, of any parties falling from the Highlands into the Lowlands, or of any persons hereby intended, or of any person or parish who shall neglect his or their duty, in pursuance of this Procla¬ mation, such person and persons shall be lookt upon as DIURNAL OF OCCURRENCES IN SCOTLAND. 133 friends to the peace of this nation, and gratified and rewarded for his or their good service done therein. Given under my hand and seal at Dalkeith, the 27th day of September 1653. 11. Lilburn.1 To be proclaimed at the Mercat Cross in each Burgh, according to the usual manner. Yarmouth, October 10. — The States do keep Middleton still in hand, and some of them give him hope of supply, but it is with a comfortless limitation, in case an agreement be not made with England. A merchant, a Dutchman, that lives up the country, hath also offered Middleton upon trust what arms and ammuni¬ tion he pleaseth for his King’s service, but as yet the proffer is not made use of. The loss of the Dutch the last fight is not believed by the vulgar in Holland to be so great as that of the English, which keeps the common people from dejection and in obedience ; for which purpose they have coyned stories of 4,000 English killed and taken. The Scotish Cavaliers walk up and down with comfortable phantsies, saying the fort of Aire is taken in by the High¬ landers, which cheers up the whole drooping fraternity in Holland and Zealend. 1 Colonel Robert Lilbnrue was the eldest son of Richard Lilburne, Esq. of Thickly Puncharden, in the county palatine of Durham, (where his family had been seated since the time of Henry VI.) by Margaret, daughter of Thomas Ilixon of Greenwich, Yeoman of the Wardrobe to Queen Elizabeth. Robert is said to have early imbibed a rooted dislike to the Court party, a feeling by no way diminished by the rigorous punish¬ ment inflicted by the Star-Chamber on his next brother, the “ free-born John,” and he took up arms for the Parliament against the King. He was an able soldier, and defeated in 1648 Sir Richard Tempest in Lan¬ cashire with an inferior force. Unfortunately the Colonel sat as one of the King’s Judges, and signed the warrant for his execution, for which, after the Restoration, he was tried and convicted. His life was spared probably in consequence of his younger brother, Colonel Henry Lilburne, having been killed at Tinmoutli fighting in the cause of Charles I. From Colonel Robert’s father being alive at the date of his son’s conviction, and not having been in any way implicated in the rebellion, the family estates were saved, and were ultimately inherited by the Colonel’s family : — he died a prisoner in the Isle of St Nicholas near Plymouth, in August 1665, aged fifty-two. 134 DIURNAL OF OCCURRENCES IN SCOTLAND. Some (and those considerable Dutch) do give out privatly, that their States have concluded, if peace cannot be had upon the terms last sent to their Commissioners, to proclaim open war against England. The Emperor at the last conference gave assurance to the Lord Wilmot that at the next diet he himself would move his master’s business, and offer largely for the en¬ couragement of the rest of the Princes. Paris, October 15. — Last Saturday, Bertant and Eicon, prisoners in the Bastile for having kept correspondence with the Prince of Conde, were both condemned, strangled, and broken upon the wheel, by sentence of the Chambre Ardente , as seditious persons and perturbers of the public peace. The execution was made very early in the morning, not in the ordinary place of the Grreve, but hard by the walls of the said Bastille, near the gate of the Arsenal. It was so sud¬ denly and unexpectedly done, that partly by the suddenness, and partly by the general disliking of that barbarous action beyond the usual forms of justice, very few people came to see the tragedy. This hath been done by way of retaliation, because of the execution made in the said Prince’s camp on the two assassins sent thither to murder the said Prince, who having been taken before they could perform it, were convicted, and confessed to have been sent thither by the Court for that purpose. The Marshall de Turenne hath received a new check since the taking of Rocroy by the said Prince, having been beaten from a place he intended to surprise.1 Charles Stuart is at Chatillon, a house belonging to the Prince of Conde, to refresh himself for his journey into Holland, whither it is said he doth intend very speedily. 1 In the Life of Turenne by Monsieur tin Buisson, translated into English by Ferrand Spencer, London 1685, 8vo., no notice is taken of any discomfiture at that time ; and it is asserted that Cardinal Mazarine would not allow Turenne to relieve Rocroy, “ fearing that if the success proved adverse to him, this might renew the faction by the advantages the Prince of Conde would derive from his victory ; wherefore he chose rather to reprisal that loss by the taking of Sainte Menchou, whither he sent the Marischal du Plessis, while the Viscount de Turenne observed the Prince of Cond«L” P. 287-8. DIURNAL OF OCCURRENCES IN SCOTLAND. 135 From Dunbarton, October 16. — Having marched within sixteen miles of the Marquis of Argile’s house at Innerara, with a regiment of foot and one hundred and fifty horse, to see if we could have done any thing to have either engaged or snapt Kenmore, or any of his party, we found him and his party so far before, and the way so impassible for us, especially at this season of the year, after we had taken a view of a great house some ten miles hence, returned hither, and are going over Clyde, into Renfrew and A ire- shires, to see in what temper the people are there. Since my coming back I have heard from the Lord Argile, who gives me an accompt that his countrymen and clan doth not answer his expectation in joining with him to oppose Ken¬ more, who, it seems, is not yet above six or seven hundred horse and foot. Yet the Lord Argile tells me he cannot advise me to advance further, though he suffer never so much by these stories, who (according to my intelligence yesternight) are near unto Cantire, where there are a party of Lowlandmen unwilling to receive them as I am informed, and pretends they will oppose him.1 The season not being apt at present for our forces to enter that county, nor are they so considerable as to deserve it, these troubles we may very well expect and look for, from a cruell and savage people, who in the most peaceable times were seldom free from the like turbulences. From Scotland, October 18. — The Commander-in-Chief marched from Dalkeith to Linlithgow, where two companies of Lieutenant-General Monk’s regiments, and three troops of horse, lay that night. He had intelligence that Kenmore went from Busse to the head of Lough Long the 7th instant, to meet Colonel Macnaughten, who came over the Lough with him about six dayes since with a party of foot ; his men run away from him daily, so that what increaseth one day he loseth another. He marches with a rundlet of strong waters before him, which they call Kenmore s drum. Yesterday we had intelligence at Colonel Lilburno’s arrivall 1 “ On Friday the Marquis of Argile summoned the gentlemen of his county to meet him eight miles above Innerara to oppose Kenmore. A little time will make appear what is the Marquis his intention.” — Mercurius Politicus, No. 177. 136 DIURNAL OF OCCURRENCES IN SCOTLAND, at Glasgow, that Kenmore and his party are reported to goe into Argile’s country. We are now upon our march to Dunbarton. From Stirling, October 24. — It is certain that Lord Kenmore is gone from Innerara to Cantire to raise forces. Captain Mathews, Governor of Dunstaffnage, writes word hither that he hears Kenmore1 intends, after he hath got what men he can in Cantire, to come near Dunstaffnage and joyn with the Loghaber men and Tutor of Mull, who is very active in raising of men. From Edinburgh, October 22. — The insolence of Kenmore and other Highlanders hath shewn itself by their excursions into the Lowlands. He hath been levying men as far as Dunbarton, and sent to raise men and contributions of money not far from Glasgow. But since that he hath been glad to retreat, because of the advance of our Commander- in-Chief ; besides, part of our forces marched a good way towards Argile’s county, who himself declares a detestation of these courses among the men of his country, and inveighs bitterly against his son the Lord Lorn for joyning with him, but can neither reclaim his son, nor keep his vassals from running out to him.2 3 Another letter says the Commander-in-Chief hath taken a march along the frontiers and brayes of the Highlands ; and so Kenmore with his roving party retreated to their 1 Robert, fourth Viscount Kenmure, born in November 1622, and suc¬ ceeded to the title on the death of his brother John in October 1643. He was a zealous Royalist, and did his utmost to advance the cause of Charles II. in Scotland, for which he was excepted out of Cromwell’s Act of Grace and Pardon in 1654. After the Restoration he went to Court, and according to Douglas, married an English lady in 1661. He did not long survive his nuptials, for he died in 1663, leaving no issue, and the title therefore devolved on the heir-male of the family, Alexander Gordon of Penningame, who became the fifth Viscount. His son, the sixth Lord, joining in the Rebellion 1715, was captured, convicted, and beheaded 24th February 1716. The titles, which were forfeited, were restored in 1824. 3 If Argyle had in truth been serious, he could have compelled the obedience of his vassals. Indeed, the idea of a clan disregarding the order of their chief in those days is incredible. Lord Lome’s disobedience was evidently concerted, so that whether the Commonwealth or the Monarchy prevailed, the fortunes of the family were equally secure. DIURNAL OP OCCURRENCES IN SCOTLAND. 137 fastnesses. He hath planted some garrisons to prevent their incursions. Some of the Ministers of that party called Remonstrators, intend a meeting suddenly. There are divers fishermen brought into Leith. From Rotterdam, the last of October. — There is news come from Scotland to Major-General Middleton, that the Highlanders are yet in rebellion, and that they had killed and carried away many of the English horse near Stirling, and that the Governor of that place durst not engage them, and with all that they did not doubt but that they would be able to make their party good against them this winter ; this is pleasing news to your enemies, who do hope to obtain some assistance from the States here to send to the High¬ landers, that so they may cut you work at home, which may be a means, as many suppose here, to bring you to yield to reasonable terms with this State. From Dalkeith, November 1. — The Tories do still encrease, and go all to the hills, where we cannot come at them, and fall down in the night-time in twenty places, and steal all the horses they can meet with ; and many of the county gentlemen doe look through their fingers at them. Captain Watson, Governor of the Brae of Marre, hath lately taken nine or ten of them, very well mounted and armed, most of them considerable persons. Colonel Daniel hath also taken three considerable persons, Tories ; but the country is so false to us we can get no intelligence in time. The Lord Kenmore fell upon a good honest party of Low-landers in Cantire that opposed him, and hath one Laird Ralston1 prisoner, that was the chief of them, and a very godly man whom he keeps in irons : yet he and the rest chuse rather (I think) to suffer what is befallen them 1 "William Halston of Ralston in Ayrshire. lie was a gentleman of ancient family, and espoused the cause of the Covenanters. Subsequently he opposed Cromwell, and was commander of a Troop of Horse when General Lambert was surprised at Hamilton in December 1650. He after¬ wards made his peace with the Protector, for which he suffered after the Restoration, having been detained in prison two years before he was liberated on bail. His grandson Gavin sold in 1705 the estate of Ralston to the Earl of Dundonald. 138 DIURNAL OF OCCURRENCES IN SCOTLAND. then to be beholding to us for assistance, or to give us any timely intelligence. From Aberdene, November 2. — The Highland blades ebb and flow as the sea, both in their thoughts and actions. Those in the North are again disbanded, except some few. Seafort is gone to his own country ; Glencarne south¬ ward, towards Kenmore ; Glengary to the building of his house. A small party fell upon a party of Colonel Ashfield’s regiment, killed one, and wounded three : since which Captain W atson hath met with a party of them near the Brae of Marre, some of them considerable men, though of small fortune. There is this week fallen a very great storm of snow — what it will work upon some who as yet remain together, we shall shortly know. They have lately received a letter from their King, which they like not. Nov. 3. — The Highlanders make a noise still, but can yet effect no great matter. The Marquis of Argile hath been warned out of his country by a party of them, under the command of his son the Lord Lome, and Kenmore, who are the great ringleaders in those parts ; and particularly they fell into the Island of Cantire, a place under the said Mar- quisses jurisdiction, where they committed many acts of out¬ rage and plunder. They had no sooner done this, but hearing that our English forces were upon advance that way, they immediately made a retreat, where none they know can follow them. The Marquis himself, finding upon their approach that his vassals would not rise to oppose them because the Lord Lome was among them, resolved thereupon to quit the country, and is since come hither. However, some of the Low-land planters in Cantire refused to assist or supply them either with armes or ammunition ; and when they had plundered them of all their cattel and horses, and the very clothes off the backs of many people, the inhabitants took heart and followed them with a party of horse, whereby, though they missed of recovery of the prey, yet took MacNahan [MacNaughton ? | a chief leader of their crew. DIURNAL OF OCCURRENCES IN SCOTLAND. 139 Seaford1 and Glengary are with a party of three hundred horse and foot gone towards Lochaber, where they hope to make up a considerable number, and to fall upon the north, and reserve that if they can for their quarters, and forward their design. It is given out among the people that the Dutch are very numerous out at sea. From Leith, November 7. — The people here are hearkining still after novelties, and affect any thing that sounds ill to the Government. They talk much of the Dutch being returned out of Denmark, and coming upon our coasts, and what wonders will be done thereby at sea. This concert adds courage also to the Highlanders, who make up what force they can, and talk of a general rendezvous, as they have done often before when they expected action at sea, and hoped to see the Dutch triumphant ; wherein, being often deceived, they have as often shaken their ears and retired home again re infecta. For they never intended to shew themselves to purpose till a blow should be given us at sea ; and then they think it will raise the spirits of many in this Nation to side with them. They have their agents up and down to blow coals. Kenmore rambles up and down still with his barrel drum of Aqua vitse, and all his triumphs amount to no more but robbery and plunder about the country. Here hath been a thin meeting of divers Hotspurs of the Kirk to little purpose, save the thwarting and crossing one another, being of different parties and opinions, to shew that the quarrel is everlasting between the Assembly-man and the Remonstrator, and that no feud is more mortal and immortal than that which is upon the account of religion.2 1 John, second Lord Kiutail, was created Earl of Seaforth, by patent dated 3d December 1623, to him and his heirs-male. Having only two daughters and no sons, the title went to his brother George, a firm adherent to the Royal cause, who had the honour of being excommuni¬ cated by the General Assembly for joining Montrose. lie died in 1651, and was succeeded by Kenneth, the third Earl, the person referred to in the text, who was punished by Cromwell severely for his ardour in the Royal cause, as not only was he excepted from the Protector’s Act of Grace, but his estate was forfeited without any provision being allowed his wife and family, and he was detained in prison till the Restoration, lie died in December 1678. 2 llow very similar arc the recent schisms in the Kirk to those which occurred in 1653 ! 140 DIURNAL OF OCCURRENCES IN SCOTLAND. From Edinburgh, November 7. — The Synod for the pro¬ vince of Lothian sate down here this week, made up of divers ministers of severall judgements and opinions, which occasioned many tedious disputes ; many being of the Assem¬ bly, and others of the Remonstrating party, each labouring to maintain their own assertions, and to oppose the contrary, in their accustomed manner of Protestations. The Highlanders continue still in parties, doing mischief by plundring horses and cattell, which is a difficult business to prevent by any effectual course this winter session. From Dalkeith, November 8. — Seafort hath sent to Lieutenant-Colonel Blount, Governor of Innernesse, for sucure to come in under protection. From Dalkeith, Nov. 12. — Kenmore’s partie do yet en- crease, and fall into the Lowlands to get horses, which yet they do, let what course will be taken to prevent them, the country being generally their friends. The other night they fell into Elenhie1 parish, six miles from Glasgow, where Mr Beverley, an English minister, hath a gathered church. They intended to have seized on him, but he was at Edin¬ burgh. They plundred the godly and honest people in the parish, took away about thirty horses from the country, and returned, leaving only the alarm to be taken by our forces in the morning. The last night, two miles on this side Dumbarton, they came to Sir James Hamilton’s house (a supposed friend of ours), broke open the doors, and carried him to Kenmore. They gave out they are five thousand horse and foot. I suppose they are but a thousand. Their numbers are augmented by desperate people, sequestred, sequestrable, or much in debt. At a late meeting of the Presbyters at Hamilton, a ques¬ tion was put — Whether Kenmore or the English were greatest enemies \ It was resolved that we are, for Ken- more had done but little hurt, but we muckle evill. From Dalkeith, November 15.— -Upon Thursday the 3d instant, the Earl of Atliole, with sound of trumpet, and a hundred men, joined with Kenmore and Glengary at the ford of Lyen, being two hundred horse and four hundred foot. 1 Elenhie seems a mistake for Lennie or Lenzie, now called Kirkintilloch. DIURNAL OF OCCURRENCES IN SCOTLAND. 141 Kenmore and the Lord Lome are expected to join with them, with the number of one thousand. They have put a garrison into the Laird of Weems’ house, twenty-two miles from St Johnston, and another into the house of Glenarkie’s called Balloch, at the head of the Lough. On Saturday night about a hundred of these Tories, commanded by one Gordon, fell into Falkirke, took Captain Townsend and Captain Scrope of Colonel Overton’s regiment, who were going with their wives to Glasgow. Their haste would hardly permit their prisoners to put their clothes on, and so they left Captain Dennis and Lieutenant Waller in a house right against them. There was not any notice given by the country, so that we have almost every day such stories as these. On the Lord’s day, at night, two soldiers of Colonel Thorn- linson’s regiment going with orders towards Glasgow, were, about eleven at night, met on the way and taken prisoners, which could not have been done without a most industrious course taken to give them intelligence. The last night they plundred the Lord Wariston’s house, and were at the Laird Dundases, but what they did there we hear not. Perhaps these courses will occasion the Kirk party to have a worse opinion of them, though they cannot have a better opinion of us. From Dalkeith, Nov. 16. — The Earl of Seaford hath certainly adjoyned himself to these rovers, who take heart thereupon, supposing much of the Nobility will follow ; and therefore they make bold to break out in several parts, and summon in the country people, all that are able to bear arms ; and this is done in the name of the King, as they call him. They will hardly be able to keep in any consider¬ able body in winter, but a vigilant eye is kept on all their proceedings. They talk of gathering to a head, and this they have many times this year attempted, and then let fall their design again. They are up and down alway in a very short revolution. From Paris, Nov. 26, Stylo Novo. — The 15th of this month was solemnized here at Paris the funeral of the deceased Duke of Angeulesm in a great deal of state. 142 DIURNAL OF OCCURRENCES IN SCOTLAND. Charles Stewart is come from Chantilly, and hath been here in town every since Saturday last ; his brother is also expected here from his winter quarters. From Drummond Castle, November 26. — Glencarne, Kenmore, Atlioll, Forbes and Canule,1 lie about the Island of Monteith, with about one thousand horse and foot ; but a third part of them want arms, instead whereof they have clubs. Glencarne intends, if he can, to raise men about this garrison, and to have a footman out of every one hundred pound rent, and a horse and a man out off one thousand pounds Scotch, throughout all this shire : the prosecuting of which is judged by the enemy to be easie, if a considerable strength lie not at Stirling, St Jolinstones, and Dundee, which will be a speciall means to cause them to keep the hills, and prevent them from burning and carrying away provisions for horse within three miles of the said garrisons (as they intend) and to hinder them proceeding in their intended levies. MacNaughtan is at Stra-fellon,2 and the Lord Lorn at Glenarkie, the nearest of which is about thirty miles from Glencarne, and are about six hundred horse and foot Lligh- landers, though the country speak them thousands. They are moving to joyne with Glencarne, notwithstanding the difference between Lorn and Kenmore, and they are all for the southward, where they say they shall have assistance from Lords. Also to heighten and inflame the people, they give out that the Lord Balcarres and Sir Robert Murray are gone to fetch their King to them. From Stirlin, November 26.— To give you some account of our present postures, Kenmore is gon northward, but has left his beagles under one J ohn Graham of Docra,3 to steal horses and plunder the country ; and Lorn in Argyle’s, to perfect his levies there, which are to be three hundred men. The last week a party of one hundred of them came over 1 Kinnoul. 2 Probably Strathfillan, a vale in Perthshire. 3 John Graham of Duchray, in the county of Dumbarton, who wrote an account of the Earl of Glencairn’s expeditions, of which an edition was printed along with the Memoirs of John Gwyn, by Sir Walter Scott, Edin. 1822 — a volume now rather scarce. DIURNAL OF OCCURRENCES IN SCOTLAND. 143 in boats out of tho Highlands into Renfrewshire, and took away horses, and returned before our forces at Glasgow could have notice to stop them. The Earl of Athole hath not got forty men as yet ; the country doe not rise, and the considerable Barons of Athole have refused to assist them, whereupon they have imprisonned divers of them in a very disobliging way, in so much that some of them have fled to the Governor of Blaire Castle for refuge, and I hope this usage will root up that foolish populare interest that he expected would have been considerable. The gentlemen do tell him, though they destroy all their goods, they will not appear in this business, as having had too large a share in former suffering for their King ; and now having engaged to live peaceably, and give submission to the Union, they will rather loose their crops then their inheritance, and those gentlemen of Athole, consisting of the names of Robertson and Stewart, il any be wronged, they all participate ; and a few days will produce much from those parts. These few far Highlanders that were with them, with Glengary and Clanranald, do plunder all that ever is in their way ; and it was affirmed by a gentleman that every two men among them did devour a sheep in one day. The country in those parts groans abundantly, and for all their malignancy, are weary of these companions. They had a rendezvous at the Kirk of Counry, at the head of Laugherne, where was Glencairn, Glengary, Athoel, the Macgriggers,! and some say Kenmore, with about two thousand six hundred horse and foot ; but their result was not known. They have sent to all the parishes about Loughearn to bring them in provision thither. They have quitted the garrison of Weyme and Balloch, and it is most certain that the most of all Glengarie’s men, and others, that came from the furthest Highlands, are run home, sufficiently laden with plunder. Many run to them, bring horses with them, and return to their employments, which makes them very distrustful of enter¬ taining men with such freedom as before ; and their number doth not much encrease at present. This for the Highland party. 1 The Macgrigors, a race proscribed by James VI., took advantage of the civil distractions to raise their head a