-- V;,» i., "-'.^ ' «!i® :>.-^*m Bought with the income of the William C. Egleston Fund i9dV> S-iS5 ¦fl fii-^;i-i",j L'_ MEMORIE OF BEING A HISTORY or THE BARONIAL HOUSE OF SOMERVILLE. BY JAMES, ELEVENTH LORD SOMERVILLE. J-i""^^^ ^ IN TWO VOLUMES. VOL. I. EDINBURGH: Printed by James Ballantyne and Co. FOR ARCHIBALD CONSTABLE AND COMPANT, EDINBURGH ! AND LONGMAN, HURST, REES, ORME, AND BROWN, LONDON. 1815. TO THE RIGHT HONOURABLE JOHN, LORD SOMERVILLE, THIS EDITION OF C6e ^tmmt of ttje ^oinevuillis, PUBLISHED FROM THE MS. OF HIS LORDSHlp's ANCESTOR, IS INSCRIBED BY THE EDITOR, WITH THE MOST SINCERE GOOD WISHES FOR THE PROSPERITY OF THE HONOURABLE FAMILY TO WHOM THE WORK REFERS ; AND MOST PARTICULARLY FOR THAT OF THE PRESENT REPRESENTATIVE. PREFACE TO THE MEMORIE OF THE SOMERVILLS. In the following Memoirs the reader is neither to look for accuracy of historical fact, nor for elegance of style. The author appears to have compiled his family his tory chiefly from the traditions he had re ceived from his ancestors, with the slender assistance derived from the labours of Gods- croft and Drummond of Hawthornden ; and his style is of such prolixity as has seldom been equalled. The more ancient part of his narrative is particularly deficient, and some pains have been bestowed in correct ing the more obvious errors, by comparing Vlll PREFACE. the Memoirs with other sources of evidence. But with all these defects, and affording, besides, many specimens of ei*ror and of prejudice, these Memoirs have a claim up on the investigators of ancient manners and ancient history. The manners of for mer times are at least as legitimate objects of curiosity as the precise detail and dates of historical events, and though a narrative of this nature may be occasionally deficient in point of accuracy, it seldom fails to pre serve much curious detail beyond the sphere of proper history. Traits of man ners, and the personal anecdotes by which they are exhibited, are indeed the natural subjects of oral tradition, more particular ly when they gratify the conscious pride of ancestry in those by whom they have been transmitted from father to son. To this, among some dull and heavy details, we are indebted for much that is lively and diverting in the present narrative. PREFACE. IX The anecdotes of the spits and raxes, of the infare, or marriage-feast at Cowthally Castle, of the scene between Lord Somer ville and the regent Morton, of the fatal death of the one brother by the other's hand, and many other passages in these Memoirs, convey a curious and lively pic ture of the Scottish manners at this early period. The style, habits of thinking, even the prejudices of the narrator, have their effect in adding an air of naivete and origi nality to his history. He has, indeed, per mitted himself, in the ardour of his zeal for his own family, to make some severe remarks upon the conduct of others, which the Editor has sometimes thought it necessary to no tice, where they appeared to him founded in misconception or animosity. But, generally speaking, and allowing for the author's high tory prejudices, and his irritating situation as the representative of an ancient and ho nourable family, rendered incapable for the 7 X PREFACE. time of supporting the rank to which he was justly entitled, his opinions upon men and events are sufficiently liberal and impartial, and form an accurate and original speci men of those of an ancient Scottish baron ofthe 17th century. To such as are contented to trace, in the history of an individual family, the effects ofthe mutability of fortune, to which king doms and empires are equally subject, the Memorie of the Somervills will furnish subject of observation and reflection. The original division of the house of Somerville into the English and Scottish branches pro ved, after the lapse of many centuries, a considerable means of restoring the for tunes of the family to a pitch becoming their dignity, when, upon the death of So merville the poet, his English estates, the remnants of the property acquired at the Conquest, were vested in the thirteenth Lord Somerville. Again, the breach between the PREFACE. Xl baronial house of Somerville and their too powerful cadets, the Barons of Cambusne than, tended at one time to separate from the title their property in Mid-Lothian ; and yet at length, by an extraordinary con- tingence, threw not only that estate, but the manor-place of Cambusnethen itself, into the possession of the representative of the family. And, without further tracing particular occurrences, the whole Memoirs present the picture of a family raised to a high point of power and eminence, by a succession of men of valour and patriotism, then sinking into obscurity through ill-ad vised prodigality and family dissensions, and at length again elevated to the fortune becoming their rank by the good fortune and prudence of an individual representa tive. These are events on which both the prosperous and the unfortunate may dwell with a wholesome sense of the vicissitudes of human affairs, and a veneration for the xn PREFACE. decrees of Providence, distinguished as mueh in the incidents affecting families and individuals, as in the revolution of nations. The present limited edition of the Me moirs of the House of Somerville is pub lished from the original, a closely-written manuscript, in two folio volumes, the pro perty of the present noble representative of the family. By his lordship's liberality, the work has been adorned with engravings, from sketches by Mr Wilson, representing the ancient monuments and edifices alluded to or described in the manuscript. THE PREFACE OR INTRODUCTIONS TO THE MEMORIE OF THE SOMERVILLS j BY WAT OF ANE EPISTLE TO MT SONES. ANNO 1679. MT SONES, It was my great happynes to be begotten and borne of Christian parents, baptized in the Chris tian faith, and brought up in the prdtestant pro- fessiofie, under the church governement ofa mo- derat episcopacie, with a due subordinatione of presbiterie, warrantablie established from the word of God, and by the power and authoritie of king and parliament then in being, as it is at this present confirmed and settled by his present majestie, King Charles the Second, whom God ever preserve and keep safe from all his enemies, VOL. I. A 2 MEMORIE OF that ther may never want a man of that name and familie to sway the scepter of Brittaine and Ireland, so Jong as sun and moon abides in the firmament. Under whose royall predecessors and governement, both in England and Scotland, the sirname of the Somervills, (in the houses of Whichenour, Lintoune, and Cowthally, the first in England, in the countie of Staffordshyre, the second in Scotland, in the shirrefdome of Clids- daill, though at first setled at Lintoune and New- bigging, the one in the shire of Roxburgh, the other a toune within the barronie of Carnwath in Clidsdaill, for these sex hundereth years and upwards,) has now continued by the mercy and goodnes of God to this day. Albeit they have been subject, as all human occurrences are, to severall changes and alterationes in their condi- tiones, families, and habitationes, b^ng trans mitted from one to another as ther fortunes bet tered or diminished in the ages wherin they li-^ ved. The Hneall successione, notwithstanding, still remaineing from father to sone, or from bro ther to brother, in the severall generationes of all the houses or families that represents them at this day, as shall be made evident from the dis course of ther Memories, which, without com plementing the world, I have undertaken to sa- THE SOMERVILLS. 3 tisfie myself and my posteritie more than stran- gers, though it were to be wished that all the ancient and noble families in Scotland wer first able and then willing to give as true ane account of ther progenitors as I have done of mine ; for to speak the truth, most of them are litle be- hold.en to our historians, and that because ofthe ignorance of the ancient wrytters of our histo ries, and the malice of the moderne, who wryte as they affected aither men or parties, as is too evident from the nakednes and defects of the first, and the partialitie of the later, of whom, as to the particulars of ray oune familie and name, I have no great reasone to complean, seing both wryte very honorably of them, as you may read in the church and state histories of both king- domes. That which prevailled most with me to follow this designe in collecting the memories of my predecessors, (which lyes partly in the before- mentioned histories, but mostly in ther oune charters and those of ther vassalls, which I have penised with the writts and evidences of other noble families, with whom the house of Cow thally did match themselves,) was the apprehen- sione and hopes I have that nothing prevailles more with generous soules to perswad them to 4 MEMORIE OF glory aaid virtue, then to know that they aither represent ancient famihes themselves, or are de scended from worthie parents, ead6tes of such who, by some remarkable and memorable actione for ther prince or countrey haveing signalized themselves, therby acquyred honours and estates which eftirward they transmitted to their poste ritie, and the same continueingfor a long tract of tyme, confirmed them in ther greatnes above others. This being the conditione of your familie, and these the reall ends of this my addresse, I am confident, by reading the memories of your predecessors, you will doe vertueously, and stu dy to be imitators of ther ipraise-worthy actions. Neither le;^ it trouble you what the maUce of some may object, that few of your name and fa milie attained to great places in the state, or wer eminent above others in the court or camp, for the alleadgeance is false, and it is ther ignorance of tymes and persones that makes them speak soe, for in both kingdomes our sirname attained to great honours and places in the court and camp; albeit they wer not natives of either of' these kingdomes, but Normans by extractione. The first that came into England being Sir Gual ter de Somervill, a Norman knight, who, for as sisting King Williara the Conqueror in his con- THE SOMERVILLS. ,5 quels of England, for that service had the lord ship of Whichenour, in the countie of Stafford shyre, conferred upon him and his posterity, which remained with them, besydes the acquisi- tione of many other barronies and lands in the same, and severall other counties in England, for three hundered years, untill the twentie-nynth year of Edward the Third's reigne, at which tyme, upon the twentie- third of January, 1356, dyed Sir Phihp de Somervill, shirref of Buckin- game and Bedford counties, who, leaveing no aires male to succeed him, his inheretance was transmitted, by right of his two daughters, to the families of Sir John Greifford, the Staffords, af terwards Dukes of Buckingame, and to Edmond Vernour, who marryed a grandchy Ide of Sir Phil lips, Hkewayes ane heiress, dureing all which space of tyme, from the reigne of Williara the Conqueror to the twentie-nynth year of Edward the Third, some one or other of that house, name, or familie, wer imployed in ther princes or coun tries service, and wer honourably rewarded for the same. As for ther preferment in Scotland, it was all- most so soon as they set ther foot into it ; wit ness Sir John Somervill's being knighted by King Williara, sirnamed the Lyon, in the nynth MEMORIE OF year ofhis reigne, anno 1174, at which tyme the sirname of Somervill setled themselves in Scotland, by Sir John Somervill haveing the bar ronie of Lintoune, in Roxburghshyre, conferred upon him by that king's gift, for killing a ser pent, (or a monstrous worme, as we have by tra- ditione from the vulgar) which shall be declared more fully in his memorie. From this noble gen tleman. Sir John of Lintoune, as the fountain and originali, are descended the whole name and familie of the Somervills that at this present are in Scotland. , What ther preferments in particu lar wer in this kingdome is not so evident in the publick records as they are in England, however some we have certane, others upon conjectures. Rodger Somervill, elder brother to Sir John of Lintoune, being bred a schoUar in France, was preferred to be Bishop of Saint Andrewes, and is the twentie in the catalogue, though not ex pressed by sirname, (as few or non of our bi shops before the reign of King Robert the Bruce.) This man, Rodger de Somervil, is sup posed to have been Chancellor of Scotland, in the twentie-fourth year of the reigne of King William, sirnamed the Lyon, anno 11 89. Al though it be true, that neither this man nor Tousett, a man but of mean extractione, who THE SOMERVILLS. Y was the first Lord Chancellor of Scotland in the reigne of Conranus, anno 535, nor yet Anglera- mus, the fyfth Bishop of Glasgow, and second Lord Chancellor ; Hugo the Third, and this Rodger the Fourth, are mentioned in the cata logue of the chancellors of this kingdome, for they begin with William Melvisius, fhe nynth Bishop of Glasgow, ajino 1198, and yet it is cer tane, from our recordes, ther was chancellors neer seven hundereth years before that tyme in Scotland, but our historians are defective in ther relatione in this, as in several other particulars, relateing to antiquitie. As in the church and state, soe in the camp, wee find Sir Gualter Somervill of Newbigging, and Sir David his sone, (both knighted by Alex ander the Third) in the interregnum, were very active in the behalf of their king and country, and had the honour to command the' third bra- gad of horse at the battell of Biggar, under the conduct of that rairacle of valour, William Wal lace,' as eftirward Sir John Somervill, Barrone • For this exploit, as indeed for the battle of Biggar itself, there is no other or better authority than that of Blind Havry, whose order of battle is thus marshalled : — The hall they left, and to a plain arp gane, Wallace himself the vanguard he has tane ; 8 MEMORIE OF of Lintoune and Carnwath, (second sone to Sir Gualter, and brother to Sir David) commonlie designed in these days Sir John of Clidsdaill, in imitatione of his father and brother, magnani mously listed himself a follower of King Robert the Bruces, constantly adhereing to his and bis sones interests, being in person with King Ro bert at the battell of Meffin-wodd, neer to Perth, where, with several others of those few barrones that was there, it was his bad fortime to be ta ken prisoner at that tyme. By any calculatione I can make, he was scarce twentie-four years of age ; as in this, soe in severall other encounters, in favours of King Robert and his sone King Davids interests, he so signahzed himself^ that his manhood, as weill as his birth and fortune, procured to him the eldest daughter of Sir Jaraes Douglas of Loudoune-hill, with whom he gott With him was Boyd and Auchinleck but dread. With a thousand of worthy men in weed ; As many syne in the midward put he, Sir John the Grahame he gart their leader be ; With him Adam, young Lord of Richardtoun, And Somervel, a squire of great renown. The third thousand in the i-ereward he dight. To Walter gave, of Newbigging the knight ; With him Tinto, that doughty was in deed, And David, son of Sir Walter, to lead. THE SOMERVILLS. Q the lands of Carnwath, as being the only daugh. ter of that gentleman's first marriage. Thir lands of Carnwath was eftirward erected in a barronie by King David Bruce. Without farder contend ing about this matter, it was not upon a court complement, but upon some speciall and parti cular service, that this man's grand-chylde, John Barrone of Lintoune and Carnwath, haveing re ceaved summonds frora the king, was, as is be- leived by some, nobilitat by Robert the Third, at the first parliaraent holden at Perth, anno ,1396, in which that king created his eldest sone Duke of Rossay, and his oune brother, then Earle of Fyfl^ Duke of Albanie : these being the first dukes that wee had in Scotland, and the occa- sione soe extraordinary, it is not to be doubted but John, then made Lord Somervill, was a great courtier, and deserved very weill at his majesties hands, to be so highly dignified above any of his predecessors, for honours then as now was not mercenarie. It is true, this John Barrone of Carnwarth took not the title of a Lord upon him, but his sone Thomas, thairfore wee reek- one him the first Lord Somervill. And now, if wee take notice of later tymes dureing the reignes ofthe fyve King James, ther was few or non of the nobilitie in Scotland in 10 MEMORIE OF greater favour, or more frequently honoured with the personall presence of ther princes at ther dwelling-houses, then the Lords Somervills wer ; whose house of Cowthally, from the year 1400 to the year 1600, the space of two hundereth years, intertained not only the kings and ther traines, when they were pleased to divert them selves with hunting and balking in those places, but likeways such of the nobilitie and gentrie that honoured thera with a visit at other tyraes. If ther wer any that had, or intertained a preju dice against that once noble familie, as I know non, I could make them judges in this caice. What familie in Scotland was more liberall in ther intertainment ? or what house were they se cond to for hospitalitie to persones of all rankes and conditiones ? Let them name thera if they can. That ther wer some men and families of greater fortune, honour, high places, and follow ing, I readily acknowledge, but it is nottour to the greatest part of Scotland for liberalitie and good intertainement j noe house of any subject, of what degree soever, for hospitalitie carae neer to Cowthally, and that for the space of two hun dereth years. I shall, to make good this ascer- tione, adduce noe meaner witnesses then the tes timonie of three of our kings, viz. King James THE SOMERVILLS. 1 1 the Third, Fourth, and Fyfth. The first of those in the storie of the Speates and Raxes, asserted the Lord Somervill's kitchen bred moe cookes and better than any other nobleman's house he knew within his kingdom. The second, because of the great preparatione that was made for his comeing to Cowthally, at the infare of Sir John of Quathquam, spoke in lyke words. For King James the Fyfth, from the eightene year of his age to the threttie-two, he frequent ed noe nobleman's house soe much as Cowthally. It is true ther was a because ; the castle of Craw- fuird was not far off, and it is weill enough knoune • as this king was a gallant prince, soe was he extremely amorous; but that which I take notice of as to ray purpose is, that his ma jestie very frequently, when occasione offered to speak of house-keeping, asserted, that he was sure to be weill and heartily intertained at Cow thally by his mother' Maitland, for soe was the king gratiously and familiarly pleased to designe the Lady Somervill, then wife to Lord Heugh, the first of that name. Albeit, ther needs noe further testimonies, yet take this for a confirma tion of ther great house-keeping, that it is uncon- travertedly asserted they spent a cow every day 12 MEMORIE OF in the year, for which cause it is supposed the house was named Cow-dayly. I shall enlarge myself noe further upon this subject ; every name and famihe has its ryse, increase, hight, and de- solutione, and soe had this house of Cowthally, whose glory is now laid in the dust, and the principal! habitatione of that noble familie a ru inous heap, to the discourse of all that beholds it, therby teaching great men that nether ther honours nor estates, numerous attendance, nor houses, are for ever entaiUed and assured to them and ther posteritie ; but as all was once other mens before it was thers or ther predecessors, soe it will passe frora tiiem or ther posteritie to other names and families, therby declareing the mutabilitie and changeableness of all humane occurrences on this syde of tyme. And now, that I may close this preface or in- troductione, I shall only mynde you, my sones, of three things. The first is, that I am not much concerned whether yow make these Memories public or not, but leaves it wholly to your oune advisement. The second is, that I designed them principally for your encouragement to ver tue, that haveing the advantage of ane worship- full, I may say, without vanitie, honourable THE SOMERVILLS. 13 birth and liberall educatione, yow may not only be ornaments to your name, whereof you are chieff, but also, by the blessing of the Almigh tie God, prove happy instruments to raise the familie, in sorae degree, to its former hight and grander, all of yow being schoUars farr beyond any of your predecessors that I find upon record, save one. The third and last is, that I first intertained th& thoughts and set about this worke, when your loveing mother, and my dearest wife, at tended her respective parents at the place of Corr-house dureing their long sicknes, which gave the first ryse to that of her oune, and de- pryved rae at lenth of that happynes I enjoyed in her sweet societie above most of men ; and, good God ! how could it otherwayes be, seing all that could be wished for in any woman was emi nently to be found in her. In birth worship- full, being the second daughter of as ancient a house and familie, as any within the shyre of ther degree ; her parents not only honoured, but much beloved of all for ther hospitalitie and ver tue. It was truely said of Corr-house, that he was the soonest and longest a man of any gentleman in Scotland, and indeed he was company for a 8 14 MEMORIE OF prince and greatest of our grandies ; and such in publick for ordinary he conversed with, par ticularly his grace, this present Lord Duke of Hamilton, who loved him cordially, and respect ed him as his oune brother ; for his mother, as she was the daughter of ane ancient and wor shipfuU house and prudent father, soe did she evidence to the world, by her kH(Owledge in most concernes, particularly in the governement of her house, and charitablenes in distributing to the poor, that she was come of that frugall and judicious famihe of the Lie, * whose name and interest at this present is great upon Clyde, and may be much more soe if they imploy those great soumes of money they have acquyred by their honourable and worthy imployments, for a further conqueist in those places, to whora I am much obleidged upon that deserveing lady, my mother-in-law's account, above all my predeces sors, betwext whom and my grand-father, Lord Hugh, and grand uncle. Lord Gilbert, in the last * The ancient house of Lockhart of Lee, now represented oy Sir Alexander Macdonald Lockhart, Bart. f Conquest, i. e. in the meaning of the Scottish law, acqui sitions by purchase. THE SOMERVILLS. 15 centurie, ther was no good understanding, and it never fared the better with them nor ther fama- lie for that very cause, as I find by their privat transactiones in that tyme. And as my wife was happy in her parents, soe had she much honour by her uncle Collonell James Bannantyne, and her brother Sir William Bannantyne, Hkewayes collonell in the Dutch ser vice, two brave gentlemen, that gave place to non in ther station e for conduct and valour, and wer truely of great credit to ther natione and re latives while they lived, as ther raemorie is to this day, both of them unfortunately killed, the one at the seidge of York, a^nno 164'4, in our late un happy civil warre, the other at the seidge of the Grave in Holland, anno 1674, in the last Dutch warre with the French. Now, by what I -have said of her neer rela- tiones, her oune personall worth can hardly be conceaved, far lesse expressed by soe unlearned and dull a pen as myne, if not supphed by the affectione of a kinde husband, and enlyvened by the rememberance of soe excellent a wife. Con- sidder her then in her parents, in her relationes, her educatione, and as a mother, but, above all, in her understanding and persone. For the first. 16 MEMORIE OF she had so clear and piercing a witt in appre hending any matter, religious or civill, that her answears wer ready and pertinent, home to the purpose proponed, without affectatione or wrang- ling to hear herself speak, especially when ther happened any debeat anent the present church government,' (the common discourse and unhap py differences in those tymes ;) whereunto she submitted with all her heart, both out of know ledge, conscience, and duety, and gave a large testimonie thereto at her death, by only imploy ing two of the orthodox clergie to be her com forters in that agonie ; and as her oune princi ples wer sound and firmly settled, soe had she much charitie for all that differed from her in opinion, and blamed those that wer of a con trary mynde, still asserting, that wher charitie was wanting ther was noe reall fear of God, let ther professione be what it will. For her knowledge in civill business I can ' That is, Scottish episcopacy, to whieh the writer of these Memoirs appears to have been sincerely attached. Disputes between the favourers of the presbyterian church discipline, and the government by bishops established upon the Restora tion, formed, probably, no small part of private conversation, as they greatly embroiled public affairs at this period. THE SOMERVILLS. 17 give her this testimonie from my oune experi' ence, that never any was more happy to bring the most intricate and desperat affaires in all mens judgeraent to ane fortunate issue, then she. When my estate was looked upon as quyte ruin ed and undone, her prudence, conduct, and ver^ tue only preserved it ; for, to speak the truth, in iny younger years, when I came first to the ma nagement of my estate, notwithstanding of the bad conditione I found it in, I mynded more my halkes and dogs then business, which was weill supplied by my wifes indefatigable pains as to my concernes; nether did her dilligence abroad make her neglect the care of her familie at home, by her oune hands, at most tymes with a watchfull eye over her servants, with whom she conversed pleasantly and famiharly, which made them doe more then all the rigiditie that a sullen or dog* ged mistress can extort from them. Forthe proportione of her bodie, pureness and delicacie of her coraplexion e, the sweetnes of her air, the best qf nieanes, with the statelynes of her port, all concurring to frame and make up ane excellent creature, gave her absolutely the advantage of most ofthe women of her tyme, as cannot nor will not be denyed by any that ever had the happyness to see her, saye s}jch of her B Igt MEMORIE OF oune sex as might have grudged and fretted at the universall applause she receaved, and testi monie of being the master piece of women kynde, that the present or future age may readily behold ; frora whose fruitfull worab four of yow my sones sprang, before she attained to the twentie-fourth year of her age, as exact modelles of her delicate self, being all of yow nursed with the teates and weaned upon the knees of a most indulgent mo ther, who cared for yow in the womb, in the cradle, upbringing and breeding in all sciences and be fitting exercises, that might qualifie yow in your generatione and statione to be serviceable to your prince, country, and relationes, and before her death was soe happy as to see yow setled in your patrimonies according to your birth rights. Have ing proceeded thus farr, I can add noe more ; the sad rememberance of my unexpresseable losse hes quyte dulled my inventione. Yo'. affectionate father, Sic subscribitur, James Somervill. THE SOMERVILLS. 19 Off the Jirst comeing of the Name of Somervill unto the Isle of Brittaine, AND What theif 'were in England before they catne to Scotland. Ihe original and beginning of most nationes and kingdomes being either fabulous, or conjec tural! at the best, it were beyond all expressione ridiculous for any sirname to search further then publick and approven records of that natione wherof they are natives, or the evidences belong ing to the principal! families Of ther name, and, in my opinione, those whose curiosities leads them further, deserves to meet with the fate and response of that Italian duke who transacted with ane astronomer to search for his pedigree, and thereftir to give him ane account, which he did exactly to the fourth degree,but in the fyfth left 20 MEMORIE OF him with ane Turks slave and ane oyll mans daughter, marryed togither for the first founders of his house and beginners of his familie. Thus wee see some mens pride and ambitione turnes to ther great disgrace, and really I cannot but admire the vanitie of some gentlemen with whom I have conversed, that boast ofthe antiquitie of ther famihe, and ther long continuance, before our having of letters to leave the same upon record. It is very weill knoune, that those sirnames, who indeed are the ancientest of this kingdome, and at present are in greatest honour, (a few only excepted,) had ther entrie and incomeing to this natione in the reigne of Macolumbus Kenmure, which was in the year of Christ 1057, since which tyme untill this present year, 1680, ther is sex hundereth years and upwards, a trace of tyme sufficient to confirme the antiquitie of any familie in Scotland ; and I doubt much, let some men boast what they please, if any nobleraan or gentleman in the low lands can produce any charter or writt before that tyme, nay, scarce from that kings reigne untill the reigne of King David Bruce, from whom most of the charters belonging to ancient families takes ther dates, as I know for a certaintie ; but wavein^ this THE SOMERVILLS. 21 discourse, I passe on to the memories of my oune name and familie, and leaves it to others to give ane account of thers with the same truth and ingenuitie as I intend to doe of myne. Seing it is not pretended that the sirname of the Somervills originally wer either of British, -Scotish, or Saxons extractione, wee need not goe seek ther pedegree araongst the ancient re cords of these nationes ; for, if men would speak the truth, ther is litle certaintie to be had from thera as to these tymes, the persones that lived in them, or the publick affaires then transacted, either amongst theraselves or with forraigne na tiones, and if soe, what may be expected of pri vate families and ther particular concernes. Neither shall I be soe vain as to search eftir our name out of the island of Brittaine, and be yond the mountaines to fetch ther originali from Italians, and the kingdom of Naples, out of the noble familie of the Dukes of Somers ; nor yet, in repassing the Alpes, take by the way the toune and house of the Lord Somervill, all designed by that name, in the province of Savoy ; for our ori ginali, it is sufficient to know beyond all cavill, that our name is of French extractione, and that we came from the province of Normandie to Great Brittane, in the qualitie not only of gen- 22 MEMORIE OF tlemen, but knights, a dignitie of much more credit in these dayes then at present, when ther valour, not ther money, or court minions, procu red thera that honour. And now that the superstructure may stand firme, and the edifice appear the better, I resolve to lay a sure foundation, such as cannot be con- traverted, unless men bring in question the mo derne as weiU as the ancient histories and re cords of Brittane, that which I shall particularly pitch upon for to begin this narratione, is the Historie of the English Barronage, or the anci ent Worthies of England, and in this I think it not fitt to use my oune words, but to give yow the authors. £l Edward III.] 1066. Of Sir Gaulter de Somervill, the first Barronie of Whichenour, in the Countie of Stafford Shire. Rodger the Fyfth, and PhiUp the First, nobili tat and made Peers of England. — Of this fami lie, though they were but two, and the last of THE SOMERVILLS. 23 the male lyne who had summonds to the parlia ment, yet wer they before that tyme men of emi nent note and rank in ther days. The first of them that carae into England was Sir Gaulter de Soraervill, a Normane knight, who seated him self at Whichenour, in the countie of Stafford shyre, having that fair lordship, and Bartane neer to it, by the gift of King William the Con queror. This far the author of the Antiquities of Eng land, by which wee understand both the tyme of the sirname of the Somervills first comeing to England, which was in the year 1066, as also the qualitie they wer off, at that tyme being knights, ane honour not so easily come by then as in this present age ; for which see the Histo rie ofthe Douglasses, page 33, that speaks truely and fully to this purpose.* Farther of this Sir Gualter I find not in any of the histories of England, save only that he was father to a second Gualter, his sone, that * The author refers to Hume of Godscroft, who pronounces a- long eulogium upon the dignity anciently conferred by the honour of knighthood. The folio edition of IG** is that re ferred to. 24 MEMORIE OF succeeded to him in his estate ; for the parti-* cular writs or evidences belonging to this fami lie, if ther be any extant of this man, certainly they must be in the hands of such as are possess ors of his lands at present ; but as I am inform^ ed, writs belonging to privat famihes are neither many nor have great antiquitie, by the custome of England, to preserve ther memorie to pos teritie. Off Gualter the Second qf that Name, and Second Baronne of Whichenour* From Sir Gualter descended another Gualter, of whom ther is noe farther mentione, but that he marryed Cicilly Delunsie, by whom he had issue Rodger de Somervill, that succeeded to him in his estate. Off Rodger the First of that Name, and Third Barronne qf Whichenour. All that t find of this man is, that he marryed one EdelUe to his wife, daughter to Robert Bu- THE SOMERVILLS, 25 ther of IngHshbie, and begott on her a sone, naraed Rodger, who succeeded to him in his fortune. Off the Second Rodger, and Fourth Barrone qf Whichenour. Off this Rodger I find nothing written, but that he was father to a third Rodger, of whom wee are next to write* Off Rodger the Third of that Name, and Fyft Barronne of Whichenour. Off this Rodger the histories of England speakes nothing, untill the year 1303, which was the fyfth year of the reigne of John, King of England, and then the author of the antiqui ties of that natione tells us, that this gentleman obtained from King John, the fyfth year of his reigne, a grant of the manour of Zears, * which * Afterwards more con^ectly spelled Eyrwasi, of which Years or Zears is the contraction. 26 MEMORIE OF was one of the lordships of the kings ancient demains, and joyneing to that of Whichenour before-mentioned, to hold in few farme for the old rent, and 100 shillings more increase. Thus far the author of the English Antiquities, untill the year 1214. He again informs us, that this Rodger adhereing to the rebellious barrens, about the later end of King John his reigne, by reason wherof his manour of Stockton, in the county of Wear, was given to Henry Deeduly, and so writes noe more of this Rodger, nor yet of his sone John, but only names him to be fa ther to Robert, that was grandchilde to Rodger the third of that name, of whom he had been wrytting ; as he was then relateing the memorie of Robert, the son of John, the which John, al beit he be only named by this author, yet the fa milie of the house of Whichenour, in England, was continued in him, as that of Lintoune, in Scotland, was begun by reasone his eldest bro ther Rodger being a churchman, never marryed, and these two gentlemen, Rodger and John, was all the male successione that Rodger the third (forfaulted by King John) ever had that we can come to the knowledge of. However, it appeares from what wee understand ofthe memorie ofthe two sones, that ther father hes been very care- THE SOMERVILLS. 27 fiill of ther educatione, for finding the nature and inclinatione of his eldest sone bookish, and that of the youngest to have more of the souldiers and courtiers, he accordingly gave thera breeds ing, the first at the universitie of France, sorae of ther abbacies or monastries most famous for learning, the universities of Oxfoord and Cam bridge not being founded untill the reigne of Edward the .* The second being of a coraely countenance, and active much above his age, haveing accom- panyed his father to the north of England to see his mothers relationes, it was his good fortune to be first taken notice offj and then recommend ed by some Scots courtiers to Malcolumbus the Fourth, who was then King of Scotland, and possessed at that tyme the counties of Northum berland, Cumberland, Westmuirland, and the earldorae of Huntingtoune, in England, his ma jestie being then ordering his affaires in those parts, when it was the happynes of this youth to be receaved in his service, and that in the quah- tie of ane ofthe pages of honour in regard of his * This is a strange mistake, for the university of Oxford was either founded or restored by Alfred, and Cambridge ei ther founded or restored by the Abbot of Crowland, in 1 109. 28 mem6rie of worshipfuU descent, which the king being in* formed of at first by persones of the best quali tie in these counties, and eftirward by his father Rodgers comeing to kisse his royaU hands, and to recommend his young sone to his majesties favour and protectione, in a country where he was but a stranger, and had nothing to trust to but his royaU bountie. The king not only ac-' cepted the sone because of his sprightly port, but in regaird of his fathers soe frankly parting with a sone of soe great hopes to him, a for raigne prince, that might in tyme have procured ane honourable imployment for him at home from his oune king, or in the kingdome of FrancCj a great part wherof the kings of England had in possessione at this time. But this youth being admitted to the service of this pious monarch, it proved greatly to his oune honour, the ad vancement of his eldest brother Rodger to the principaU offices both of the church and state, in the kingdome of Scotland, as yow shaU hear eftirward. Rodger haveing setled his eldest son in France for his educatione, and gotten soe honourable ane imployment for his youngest sone in Scot land, he returned home weill satisfied with his oune good fortune, and the happy prospect he THE somervills. 29 had of that of both his sones, which many yeares- thereaftir came to pass. What interest this gentleman had in the ma- nadgement of the publick affaires of the state in England, or yet concerneing the ordering of his oune busines at home, from the year 1 164, which was the year his sone John entered into the ser vice of Malcolumbus Quartus, and carae to Scot land, untiU the year 1203, being threttie and nyne years, wee are autterly ignorant off, but that in this year 1203, (being the fyfth of King John his reign in England,) he was at that tyme weiU staited in his princes favour, which is evi dent from that grant of the manour of Zears, was one of the lordships ofthe kings ancient demains, conferred upon hira by this kipgs gift, which continued with his posteritie eftir his grandsone Robert was restored by Henry the Third of Eng land tp his grand fathers fortune, untill the death of Sir Philip de Somervill, the last air male of that house of Whichenour in England. All things hitherto succeeded weill with this worthy and now aged gentleman, himself in much favour with his oune prince (albeit one of the worst that ever rang, if wee may believe the histories of England,) his eldest sone Rodger not only Bishop of Saint Andrewes, but likewayes so memorie of the first officer of state, being Lord High Chan- cellor of Scotland,* in which office he continu ed nyne years. This gentleman, Rodger Somer- viU, elder brother to Sir John of Lintoune, be ing bred in France, was preferred to be Bishop of Saint Andrewes, (and is the twentieth in the catalogue, though not expressed by sirname,) ef tirward in the twentieth and fourth year of King WiUiams reigne, sirnamed the Lyon, being in anno 1189. The office of being lord chanceUor was conferred upon him, although it be true, neither this Rodger nor Tousett, the first lord chancellor in the reigne of Conranus,! arawo 535, nor Angleramus, the fyfth Bishop of Glasgow, * This is another singular mistake. Roger, Bishop of St An drews and Chancellor of Scotland in the end of the twelfth cen tury, who is thus gratuitously adopted unto the house of Somer ville, was in fact the third son of Robert de Bellemonte, sur named Blanchemains, the 3d Earl of Leicester, by Fetronilla, daughter of Hugh de Grantmesnil. Roger, according to the Chronicle of Melrose, was consecrated, in 1198, Bishop of St Andrews, but had been elected to the see ten years before- " Rogerus filius Comites Leicestrice consecratus est in Episcopa tum Sancte AndretB prima Dmninica QuadrugesimcB, 1 J 98." — See Crawford's Lives of Officers of State, and Keith's Catalogue of Scottish Bishops, with the authorities there quoted. f Tousett and Conranus are equally imaginary personages ; nor is it easy to conceive that a Regulus of Scotland had occa sion for a chancellor in 5^. THE somervills. 31 and second lord chancellor, nor yet Hugo the Third, are mentioned in the catalogue of the chancellors of this kingdome, for they began with WilUam Melvisius, the nynth Bishop of Glasgow, anno 1198. But it is certain there were four chancellors before that tyme in Scot land, whose names wee have not in ther cata logue. Our historians are defective in ther re latione in this as in other things ; for his young est sone John he saw him not only continued in his service, by the succeeding King of Scotland, but likewayes preferred to severall places in the state, and honoured with the title of knighthood, conferred upon him by William King of Scots, being aUwayes in much favour with his three masters, Kings of Scotland, whora this young gentleman had the honour to serve, and ther was nothing rejoyced him more then to hear this his sone had (upon his desyre and his oune brothers entreaty) matched himseff with one ofthe wor thiest families of the south of Scotland, whose interest and following was much in that country, and ther lands and barrony lying adjacent to that ofhis sones. By which marriage, and his princes favour, he understood his sone had secured his interest, and resolved his setlement in the kingdome of Scot- 32 memorie op land, wherwith he was weill satisfied, for some few years eftir King Johns comeing to the croune of England, this aged gentleman foirsaw the troubles that would ensue, albeit they broke not out in open hostilitie untill three or four years before this king's death, and the last of this gen- tlemans oune ; what could have enduced him they were breaking out, being soe weill staited in his masters favour, and obleidged by soe large a donatione as the demaine of Zears, was to join himseff with the rebeUious barrons at such ane age, when he could not act any in all human probabilitie, and was as unfit for counsell, is a thing to be admired but not understood and knoune ; seing the author of the English Anti quities is silent herein, and only tells us he joyn ed with these barrons that wer in the rebellione, for which his estate was forfaulted, and given to such as adhered to the kings interest. Thus wee *ee the unconstancie of mens conditione in this world, for here is a gentleman of noe mean ex tractione, whose predecessors for services done to the croune of England, and more particularly to the persone of William the Conqueror, from whom he had the lordship of Whichenour, and thereftir the benevolences and grants ofthe suc ceeding Kings of England gave them opulent 12 THE SOMERVILLS. 33 fortunes in Severall counties of England, and for any thing knoune from the histories of England, this man, as all his predecessors was much in fa vour with the kings untill this unhappy warr fell out, wherin this unfortunat and aged gentleman, some way or other, engaged himself to the utter undoeing of his posteritie in the kingdome of England, if Providence had not ordered it other wayes. Eleven years preceeding thisj he had been try sted* with the said dispensatione of his eldest sone Rodgers death, who some four years before he dyed, with his masters consent, had demitted his place of being chancellor, in favour of Wil liara Melvisius, that he might better attend his ecclesiasticall function e, wherin he continued but four years, and then Melvisius succeeded to that also, anno 1202 ; for this worthy prelat, Rod ger de Somervill, dying at Saint Andrewes, t was buryed in the cathedrall church therof, by his * i. e. appointed (by Providence) to meet with the disas ter. \ Roger de Bellomont, who is here called Roger de So merville, Bishop of St Andrews, died at Cambus Kenneth, in July 1202, and was interred in the chapel of St Rule, at St Andrews. His connection with the house of Somerville seems quite apocryphal. 34) MEMORIE OF brother Sir John of Lintoune ; his father Rod ger not being then in Scotland, soe that from the year of his eldest sones death, untiU the year 1213, that he engadged in the barrones warrs, wee hear nothing of him from the EngUsh Anti quities, but that the year eftir his sones death he had that grant ofthe demainsof Zears, was from King John, in anno 1203, and thereafter that he engaged in the rebellione in the year 1213, for which being forfaulted, he fled to Scotland, and came to his sones Sir Johns house at Lintoune, where his eyes was blessed with the sight of his grand children, particularly with Robert and William, the two eldest, then but youths, both which eftirwards wer the heads of two noble and honourable families, the one in England, and the other in Scotland. For himself he lived not many moneths eftir his comeing to Scotland, but dyed in anno 1214!, being then neer the nyntieth and fourth year of his age, at his sones house in Lintoune tour : he was buryed with all the ceremonies and funerall pomp in use at that tyme, by his sone John and his ladyes relationes ; he was laid in the quier of Lintoune church, and was the second of that name of SomerviU that lay in Scots ground, being father to Rodger, Bishop of Saint Andrews, Lord High Chancel- THE SOMERVILLS. 35 lor of Scotland ; and to John, the first barrone of Lintoune, and grandfather to Robert the first of that narae, the seventh lord or barrone of Which enour, in England, including his father John, of which Robert before wee wryte any thing, wee must give ane account of his father Johns first comeing to Scotland, and the occasione of his setleing there. Off John ihe First of that Name, and Sexth Bar rone of Whichenour ; the First of Lintoune, in Scotland, and the Sexthfrom Sir Gualter de So- tnervill. Being now to bring the sirname of Somervill to Scotland, eftir ther arryveal in England nyne- tie years, wee must look back to the reigne of Malcolumbus the Fourth, sirnamed the Maiden, grand childe to King David the First, and eldest sone to Prince Henry. This pious monarch was King of Scotland in the year of Christ 1 153, and possessor at that tyme of the counties of Nor-- thumberland, Cumberland, Westmuirland, and Huntingtoune, in the kingdome of England; this noble prince, amongst severaU others of the gentlemen of these counties, was pleased to re- 36 MEMORIE OF ceave and entertaine, as one of his pages of ho nour, John Soraervill, second son to Rodger de SoraerviU, the fyfth barrone of Whichenour, in 1164. ^''^^o 1164, being the eleventh year ofhis majes ties reigne, and the fourteinth of this youths age, who still continued in his m^esties service during his reigne, which was not long, for he .sickned and dyed at Jedburgh, the twelfth year of his reigne, and was buried in Dumfermeling, haveing before his death renued and enlarged the charter of the abbacy of Jedburgh, founded by his grandfather King David, in which char- tor this youth, John Somervill, is a witnes. The charter is dated at Jedburgh, in ajino 1 164 : sorae few moneths before this the king dyed. This charter of late was seen in the productione of a proces betwixt the Earls of Roxburgh and Lo-^ thian, when they contended about the preherai- nency of place, and who should be cheiff. It was at that tyme read of many gentlemen, parti cularly by Mr WiUiam Cheislie, present wiytter in Edinburgh, the authors infoi-mer, soe that the tyme wee fix upon for the sirname of Somervills first comeing to Scotland being in this kings reigne is evident, and clear beyond all cavill, from this gentleman being a witness in the char- tor granted by his majestie in favour of that ab- bacie. THE SOMERVILLS. 3/ Malcolumbus the Fourth, dying in anno 1165, 1165. William, surnamed the Lyon, his brother, suc ceeded to the croune of Scotland ; a prince of many eminent vertues, who was soe far frora discountenanceing those that wer in favour with his predecessor, or in his service, that upon the contrary they were highly esteeraed of hira, and not only continued in ther service, but in tyme preferred to severaU dignities, and amongst others this young gentleman, John Somervill, being now of the age of fyfteine, he began for his many ver tues to have some interest in the court ; but that which procured to him that honourable place of being the kings fallconar, sorae nyne years eftir he entered into his majesties service, and gave him the lands and barronie of Lintoune, was a very extraordinary and gallant action. How the memorie of it comes to have been omitted by the wrytters of our histories, I cannot under stand, unless it proceeded frora the duUnesse and ignorance of that age, that left the very principal! and grand occurrences, both in the church and state, and the persons that wer actors, unknoune to the future generations, giving us nothing to the purpose but the b^re names of our kings, and the tyme of ther reigne. However, according to the constant uncontraverted and generall tra- 38 MEMORIE OF ditione of men untiU this present age, the storie is this : — In the parochen of Lintoune, within the sher- rifdome of Roxburgh, ther happened to breed ane hydeous monster in the forme of a worme,* soe called and esteeraed by the country people, (but in effect hes been a serpent, or sorae such other creature,) in lenth three Scots yards, and soraewhat bigger then ane ordinary man's leg, with a head more proportionable to its lenth then greatnes, in forme and cuUour to our com mon muir edders. This creature, being a ter rour to the country people, had its den in a hol low piece of ground upon the syde of a hill south east from Lintoune church, some more than a myle, which unto this day is knoune by the name of the Worme's Glen, where it used to rest and shelter itself; but when it sought eftir prey, then this creature would wander a myle or two from its residence, and make prey of aU sort of bes- tiaU that came in its way, which it easily did, be cause of its lownesse, creeping amongst the bent, heather, or grasse, wherein that place abounded much, by reasone of the meadow ground, and a * Orrae, or worme, is, in the ancient Norse, the generic name for serpents. THE SOMERVILLS. 39 large flow mosse, fit for the pasturage of many catteU, (being naturallyof itseff of noe swfftmo- tione,) it was not discerned before it was master of its prey, instantly devouring the same, soe that the whole country men thereabout wer for ced to remove ther bestiaU, and transport them selves three or four myles fi-om the place, leave ing the country desolate ; neither durst any pas- singer goe to the church or mercat upon that rod for fear of this beast. Several attempts was made to destroy it by shooting of arrowes, throw ing of darts, non darring to approach soe neer as to make use of a sword or lance, but all ther labours was in vaine. These weapons did some tymes sUghtly wound, but was never able to kill this beast, soe that all men apprehended the whole country should have been destroyed, and that this monster was sent as a just judgement from God to plague them for ther sins. Dure ing this fear and terrour amongst the people, John Somervill being in the south, and hearing strange reports of this beast, was, as aU young men are, curious to see it ; and, in order therto, he comes to Jedburgh, where he found the whole inhabitants in such a panick fear, that they were ready to desert the toune. The country people, that wer fled there for shelter, had told soe many 40 MEMORIE OF Ues, as first, that it encreased every day, and was beginning to get wings ; others pretended to have seen it in the night, asserted it was fuU .of fyre, and in tyme would throw it out, with a thousand other ridicolous stories, which the timerous mul titude are ready to invent on such ane.occasione, though, to speak the truth, the like was never knoune to have been seen in this natione before. However, this gentleman continues his first re- solutione of seeing this monster, befaU him what will; therefore he goes directly to the place about the dawning of the day, being informed that for ordinary this sei-pent came out of her den about the sun ryseing, or neer the sun set ting, and wandered the feildes over to catch some what. He was not long neer to the place when he saw this strange beast craul furth of her den ; who, observeing him at some distance, (be ing on horse back,) it lifted up its head with half of the bodie, and a long tyme stared him in the face with open mouth, never offering to advance or come to him ; whereupon he took courage, and drew much neerer, that he might perfectly see all its shapes, and try whether or not it would darr to assault him, but the beast turneing all- most in a half circle, returned to the den, never offering him the least prejudice ; whereby he THE SOMERVIj:.LS. 41 concludes this creature was not soe dangerous as the report went, and that ther might be a way found to destroy the same. Being informed of the means that some men had used for that end aUready, and that it was not to be assaulted by sword or dagger, (the or dinary armes, with the lance, at that tyme,) be cause ofthe neer approach these weapons requy red, if the beastwere venoraous, or should cast out any such thing, he might be destroyed without a revenge. Being apprehensive of this hazard, for severall dayes he markes the outgoeing, creeping, and entering pf this serpent into her den, and fand, by her ordinar motione, that she would not retire backward, nor turne but in half a circle at least, and that ther was noe way to kill her but by a sudden approach with some long spear upon horse back, but then he feared, if her bodie was not penetrable, he might ei^dan- ger not only his horse's life, which he loved very weiU, but also his oune, to noe purpose. To pre vent which he falls upon this device, (having observed that when this creature looked upon a man, she allwayes stared him in the face with open mouth,) in causeing make a spear neer twice the ordinary length, ordaineing the same to be pleated with irone, at least six quarter? fronj 42 MEMORIE OF the poynt upward, that noe fyre upon a sudden might cause it fall asunder; the which being made according to his mynde, he takes his horse, Weill acquainted with the lance, and for some dayes did exercise him with a lighted peat on the top of the lance, untill he was weill accus tomed both with the smell, smoak, and light of the fyre, and did not reftise to advance on the spurr, although, it blew fiiU in his face. Have ing his horse managed according to his mynde, he caused make a litle slender wheell of irone, and fix it soe within half a foot of the poynt of his lance, that the wheell might turne round on the least touch, without hazarding upon a sud den breaking of the lance. All things being fitted according to his mynde, he gave advertisement to the gentlemen and commons in that country that he would under take to kill that monster or dye in the attempt, prefixing a day for them to be spectators. Most of them looked upon this promise as arodomen- tado, others as ane act of madnes, flowing from ane inconsiderat youth ; but he concerned not himself with their discourses. The appoynted day being come, somewhat before the dawnino- ofthe day, he placed himself, with a stout and resolute fellow, his servant, (whom he gained by e s; -^ .'i F= ^ ^ N= >c «f=l ^i ^1 fe ^ t—\ ^ ¦J: fl v_ K' '^-r-" ^ , V, 'g fc=; ^ s^ © ^ -k ^ N '? ^ N - - £ THE SOMERVILLS. 43 a large reward to hazard with him in this at tempt,) within haff ane arrow flight, or therby, to the den's mouth, which was noe larger then easily to admit the outgoeing and re-entering of this serpent, whom now he watched with a vigi- lent eye upon horse, back, haveing before pre pared some long, small, and hard peats, bedab- bed with pitch, reset, and brimstone, fixed with smaU wyre upon the wheeU at the poynt of his lance; these being touched with fyre, would instantly break out into a flame. The proverb holds good, that the fates assists bold men, for it was truely verefied in him, fortune favouring the hardy enterprize of this young man. The day was not only fair, but extreme calm ; no wind blowing but a breath of air, that served much to his purpose. About the sun ryseing, this serpent or worme (as by traditione it is named) appeared with her head, and some part of her bodie, without the den ; whereupon the seryant, according to di- rectione, set fyre to the peats upon the wheell at the top of the lance, and instantly this reso lute gentleman puts spurrs to his horse, advan ced with a fuU gallop, the fyre still encreasing, placed the same with the wheeU, and almost the third part of his lance, directly in the serpent's 44 MEMORIE OF mouth, which went doune her throat into her beUie, which he left there, the lance breaking by the rebound ofhis horse, giveing her a dead ly wound, who, in the pangs of death, (some part of her body being within the den,) soe great was her strenth, that she raised up the whole ground that was above her, and overturned the same to the furthering of her ruin, being partly smothered by the weight therof. Thus was she brought to her death in the way and manner rehearsed, by the bold undertaking of this noble gentleman, who, besydes ane uni versall applause, and the great rewards he re ceaved from his gracious prince, deserved to have this actione of his engraven on tables of brasse, as a perpetuall memoriall of his worth. What that unpolished age was capable to give as a monument to future generationes he had, by haveing his effigie, in the posture he performed this actione, cutt out in stone, and placed above the principaU church door of Lintoune kirk, with his name and sirname, which nether length of tyme, nor casuall misfortune, hes been able to obliterate or demolish, but that it stands entire and legible to this very day, with remembrance of the place where this monster was kiUed, call ed the Sei-pent's Den, or, as the country people 2 THE SOMERVILLS. 45 names it, the Worme's Glen,* whose bodie being taken from under the rubbish, was exposed for many dayes to the sight ofthe numerous multi tude that came farr and neer from the country to look upon the dead carcasse of this creature, which was soe great a terrour to them while it Uved, that the storie, being transmitted from fa ther to sone, is yet fresh with most of the people thereabout, albeit it is upward of fyve hundereth years since this actione was performed. For the young gentleraan hiraseff, he was 1174. • The spot mentioned in the text is still called the Worm's Glen, and the common people retain among them a traditional account of the feat of Somerville, nearly as described in the text. But the monument appealed to, which is still distinctly visible in the wall of the old church, throws a great doubt on thfe kind of monster which this valorotis kiiight destroyed. The sculpture, of which we have given a vignette, presents a rude representation ofa horseman in complete armour, bearing a fal con on his arm, in allusion probably to Somerville's ofGce of royal falconer. He is in the Set of charging his lance down the throat of a large four-footed animal, probably a bear or wolf, but which in no point resembles a serpent. There is an effaced inscription, afterwards mentioned in these Memoirs, which the common people (adapting it to their own tradition) pretend run thus : THE WODE LAIRD Ot LARISTONE SLEW THE WORM OF WORMe's GLEN, AND WAN ALL LINTON PAROCHINE. The house of Somerville, in allusion to this exploit, and the means employed by their ancestor upon this occasion, bear for a crest, a wyvern (or heraldric dragon) vert, perched upon a wheel or. 46 MEMORIE OF much esteemed off by his royaU master King WiUiam, by whom he was not only honoured with knighthood, but also rewarded in haveing the lands and barronie of Lintoune conferred upon him for that particular service done to his country. By the grant of these lands, and the charters date, which was in the year of Christ 1174, being the nynth year of King WUUam's reigne, wee conclude that the sirnarae of Somer vill setled theraselves in Scotland, by haveing a proprietie therin, wherby they became subjects in that kingdome. From this house, and the barronies of Lintoune, are descended the wholl families and name of SomerviU now in Scotland, and it is originaUy from this young gentleman they have their beginning here, as these in Eng land had thers from Sir Gualter de SomerviU,- and the house of Whichenour, from which this of Lintoune had its ryse, as is most evident from the clear progresse of these memors aUready mentioned. Sir John Somervill, now of Lintoune, by this grant, and his majesties speciall favour, haveing obtained and procured to himseff that honoura ble place of being the king's principal! faUconar, and some few years thereafter he was constitut sherriff- of Roxburgh-shyre, in which office he continued dureing King WUliam's life, wbich ^ 'IT i y TllE SOMERVILLS. 47 was very long. Soe soon as he had been setled in these imployments, and fand that the nobili tie and barrones of Scotland had a respect for him, because of his interest at court, he began to considder himself as a subject of the King of Scots ; therefore he resolves to make his resi dence, and provide for his posteritie, in this kingdome, notwithstanding of the opulent for tune he was to enjoy in England efter the deceas of his father Rodger de SomerviU, Lord or Bar rone of Whichenour, whose eldest sone and ap pearand air, Rodger SomerviU, being bred a schoUar in France, had putt himself in orders, and became a churchman, wher, by the constitu- tione of the papaU government, he was become incapable of haveing a legal successione, soe that what inheritance he had by his birth-right was to descend to his brother John, now Barrone of Lintoune in Scotland, who, being in the twenti eth and fourth year of his age, did Utle mynde to putt himself in a marryed conditione. The plea sures of the court, and his constant attendance upon the king, with his recreatione, (ther being a profound peace,) took up his wholl imploy ment, so that albeit he was often importuned by letters from his father, and not a few frora his elder brother, to put himself in a marryed state. 48 MEMORIE OF yet I find not that he was soe untiU some years eftir his brother Rodger de Somervills comeing to Scotland, who being by his oune merits and his brothers interest at court, haveing aUready (while he was in England) passed the sinaUest dignities and offices of the church, and some others in Scotland, to be first preferred Bishop of Saint Andrewes, and is the twentieth in the catalogue thereafter in anno 1189, being the twentieth and fourth year of King WiUiara's reigne, he is made Lord Chancellor of Scotland, and is supposed to be the fourth chancellor that had been of this natione. Tousett,' a man of mean extractione, being the first in the reigne of Conranus, anno 535; Angleramus, the fyfth Bi shop of Glasgow, being the second, and Hugo, the eighthBishop of Glasgow, andnyneteinth of Saint Andrewes, being the third, in anno 1178.* It is true, in the catalogue of our chancellors, they are pleased to begin with William Melvisius, the nynth Bishop of Glasgow, in anno 1198, but by ther favour I presume, under correctione, they make not ther coUectione right, as is evident from severall testimonies, particularly frora the catalogues of the Bishops of Scotland, who are marked doune as haveing been chanceUors of * We have already said that this is all visionary. THE SOMERVILLS. 49 Scotland before WilUam Melvisius' tyme ; but I passe this, as not wiUing to enter the Ust of our moderne antiquitaries, some of whom hes allmost as many errors as they have lynes, and it is no great wonder, seing they have but dark lanternes to shaddow furth a litle Ught of those tymes. Let it sufiice for my purpose, that it pleased God tiiat this noble gentleman, John Barrone of Lin toune, whose memorie I now wryte, should not only be the first of his name in a strange coun- iay, but also a happy instrument to enlarge ther possessiones, and bring his familie and neer re lationes unto great dignitie, as he was the cause ofhis elder brothers comeing to Scotland, wher by he attained to these great honours allready mentioned, and in which he continued nyne years chanceUor, and then demitted in favours of WiUiam Melvisius, haveing Uved but four years eftir his demissione. WilUara Melvisius succeeded likewise to his bishoprick, anno 1202. Some few years eftir, Rodger de Somervill was setled in his dignities of church and state, and began to take upon him the manadgement of se cular affaires. He prevaiUes upon his brother Sir John to take a wife, therby to continue the memorie of their famiUe ; which albeit he had no great incUnatione for it himself, yet to gratifie 50 MEMORIE OE his brother he now seeks eftir one, though then neer the fourtieth year of his age. This is not much to be wondered at, seing a successor ofhis, and the fourteinth from him, was neer to the same age before he marryed.* However, more out of obedience to his brother's commands than his oune inclinatione, he marryes Elizabeth OU phant, daughter to Sir Robert Oliphant of Cesse- foord, (the Kers, now of Cessefoord,t succeeded to the Oliphants, but whether by forfaulture or marriage I know not,) ane ancient baronne io Tiviotdale, whose lands and barronie of Cesse- foord lay next and adjacent to his oune barrony of Lintoune. The watter of Kaill, that empties itself in Tiviot, bounding or separating these two barronies. With this Lady,*Elizabeth Oliphant, Sir John Somervill of Lintoune lived very hap pily for many years, haveing severall children, whose remembrance wee have not, except Robert and William, who succeeded to his oune and predecessors estates both in Scotland and Eng- * James Somervill of Drum marryed at the age of thertieth and sex — Original Note. This was the author of the manu script himself. f Andrew Ker, according to genealogists the fifth of the house of Roxburgh, obtained a grant ofthe lands of Cessford in l^^e, which became the distinguishing title of that family until it was ennobled. THE SOMERVILLS. 51 land. His master. King WiUiam, about this tyme goeing to England in anno 1200,* John Barrone of Lintoune accompanies his majesty in that journey, wherby he had opportunitie to vi site his old father Rodger, Lord of Whichenour, who then was in the retinue of John King of England. Dureing the abode of this prince at York, ther was a nobleman's childe of great beau- tie, being air to great possessiones, that had a disease uncureable, who by the only touch of this godly King WiUiam was perfectly heaUed.t This interview being over. King William re turnes to Scotland, and continues his pious do nations to many abbacies, and erected some bi- shoprickes, such as Argyle and severall others, and founded the toune of Perth, granting therto severall priviledges. The kingdome still conti- nueing in peace dureing his reigne, which was fourtieth and nyne years ; about which tyme, or the year preceeding, 1213, the barrones warrs faile out in England ; King John and his barrones * For the purpose of performing homage to King John for his English possessions, which he did at Lincoln, 22d Nov. 1200, " saboojure suo." \ This farce was probably played off to put himself on a level with the Kings of England, who claimed this healing virtue in right of Edward the Confessor. 52 MEMORIE OF quarreU ; the first for his prerogative royall and the privUedge ofthe croune, (wherein, to speak the truth, he had but a slender right, Arthur Duke of Brittane, sone to Godfray, the eldest brother*s right, was preferable to his,) and the later, for the same immunities and freedomes eftirward contained in ther Magna Charta, granted to them by his sone Hendry the Third, the nynth year of his reigne, which they alleadged was violated by his impositiones and taxes imposed upon tbem without ther oune consents, which was contra ry, as they alleadged, to the knoune and esta bUshed lawes of England. This warr continued with various successe dureing King John's reigne, and some part of the minoritie of King, Hendry the Third, before it was fully setled ; and it was the misfortune of Rodger de SomervUl, Lord of Whichenour, when his age might have excused him frora being either of counseU or actione with any of the parties, to be one of these who syded with the rebeUious barrones. When that factione had contended long to litle purpose, but to the hazard of enslaving ther natione, and fur thering of their oune ruine, being beaten by the king's forces, most of them was necessitat to seek ther relief in France and elsewhere. Amongst others, Rodger Lord of Whichenour came into THE SOMERVILLS. 53 Scotland, and remained at Lintoune with his sone Sir John. Some few moneths eftir his ar- ryveall he dyed, and was buryed in the quier of Lintoune church, as is allready declared in his memorie. Rodger being dead, John, now Lord of Whiche nour, (his elder brother Rodger, in the year 1202, being also deceased,), haveing, some moneths before his royall master King WilUam dyed, pro cured from him a letter of recoramendatione to King John, he goes to England, being then in the sextieth and fourth year of his age, to re ceave his father's forfault estate there, and makes appUcatione both to the king and court, but all to noe purpose. Ther was other men in posses sione thereof by the king's gift, that his majestie would hear noe addresse made to him in favours of this worthie gentleman, and that because of his father's ingratitude, upon whom, some few years eftir his comeing to the croune, he had conferred the manour of Eyrs, which was one of the lordships of his oune ancient domains, and adjacent to that of Whichenour. All hope of prevailling with King John for any interest this gentleman could make at court, things then be ing quyte out of order, both within and without the kingdome that belonged to England dui-eiag 54 MEMORIE OF the reigne of this ungratious king ; therefore, he returnes home to Scotland, where all was in peace, by the justice and valour of that exceUent prince Alexander the Second, who now swayed the scepter of Scotland, with a resolutione not to seek eftir his estate in England untiU the tymes wer better, and another king then John should sit upon the throne of England. 1214. This gentleman being returned to Scotland, he gave an account of his negotiatione to his now royall master, Alexander the Second, who suc ceeded to his father William in the year of Christ 1214, who, being a good and a valiant prince, and severe justiciar, had a speciaU regard unto all these that had been in favour with his father King William, and, amongst others, he was plea sed to ratifie by a new confirmatione his father's grant of the lands and barronie of Lintoune to Sir John Somervill, and withall he gave him noe sraall hopes, that if this gentleman lived to see the present troubles of England setled, to pro cure to him, from King Hendry of England, his father's estate there ; wherein he was as good as his promise, for his majestie having marryed the sister of that king, and retained the counties of Northumberland, Westmuirland, Cumberland, and Huntingtoune, and the king's two sisters THE SOMERVILLS. 55 being marryed to two great princes of England, by his royaU master Alexander the Second his intercessione, and the aUyance he had now made with England, with the gredt favour Rod ger de Somerey his cussin was in with Hen dry the Tliirdj as being one of these who had still syded with King John, as he did with Hendry in his minoritie against the rebellious barrones : upon these recommendationes, and his cussin German's great interest at court, he recovered that great estate in England, which his father Rodger had forfaulted by his adhereing to the rebeUious barrones ; but whither he cairie to the peaceable possessione therof, the chronicle gives noe account, naming him only as father to Ro bert, but wherin that historie is silent as to the father's concerns. They supplie that defect abundantly by a large narratione of his son's ac- tiones dureing twentieth yeares of Edward the First his reigne, as shall be spocken to in its place. For this gentleman, of whom wee now wryte, haveing left the court because of his age, he lived with much reputatione amongst his neighbours in the country, haveing seen the reigne of three kings, all of whom he had ser ved, to witt, Malcolumbus the Fourth, WiUiam, sirnamed the LyOn, and to the' sexteinth year of 56 MEMORIE OF the reigne of Alexander the Second; about which tyme be contracted his eldest sone, being then but ofthe age of seventeine years, upon IsobeUa, one ofthe daughters and co-heirs of Rodger de Merley, a great barrone in Northumberland, by which he came to have a farr greater interest in England then formerly. It was because of this marriage, and his sones comeing to the posses* sione ofthe lordship of Whichenour, ther ancient inheritance in England, that made hira, with his sone Robert's consent, setle the barronie of Lin toune upon his second sone William, who, by grant from his father and brother, made now a distinct famiUe from that of Whichenour in England. John, King of England, haveing raigned se- venteinth or eighteinth years, his kingdome be* ing aU in combustione sorae years before his death, and himseff rejected by his subjects, and Lewis, the dolphine of France, sone to Philip Augustus, the fourtieth and two King of France, being elected by the English for ther king, was as quickly rejected by them upon King John his death, and Hendry the Third, sone to King John, receaved, and Lewis, ther late king, re turned back to France. These occurrences be ing so fully spocken to, both in the English and THE SOMERVILLS. 57 French histories, I passe them over in a word, as not being my concerne to medle with the his tories of these nationes or my oune, but in so far as they inay give some Ught to the progresse of these Memories I have in hand ; seing our sir- name has been and is concerned in all the three kingdomes of France, England, and Scotland, I cannot aUtogither passe over these tymes in si lence, but wiU be necessitat to wryte some thing now and then of the publick affaires as occasione offers,, which I shall doe with all brevitie imagi* nable. The particular year of this worthie gentleman's death, and his exact age, wee can give noe cer taintie, but, aUowing him to have been ofthe age of fyfteinth when he entered into the service of Macolumbus the Fourth, and of the age of twen tieth and four when he performed that memora ble actione of kiUing the monster, wee conclude, from these forgoeing circumstances, that he could be noe lesse then of the age of eightie. He dyed at the tour of Lintoune, which he buUt,, and lyea buryed in the quier of that church, hard hy his. fiither Rodger Lord of Whichenour. 1230. 58 MEMORIE OF Off Robert, the seventh Lord or Barrone of Whichenour, elder Brother to William^ second Barrone of Lintoune. Before wee come to wryte of the younger bro ther, William, the second Barrone of Lintoune, order requyres wee should treat of his eldest brother, Robert Lord of Whichenour, who, with out doubt, was in the peaceable possessione of his grandfather s estate in England before his father John's death, otherwayes it is not to be thought that either be himseff, albeit but young, or that honourable familie that he was to match with, would have suffered him to have parted with a certane fi)rtune in Scotland for a doubt- full expectatione of enjoying his predecessors lands in England, from which his grandfather Rodger being forfaulted was dispossessed, and his father John, for any thing wee know, was ne ver actuaUy possessed therof. However, this no ble gentleman, that was borne in Lintoune, and brought up in Scotland, his father being restored to his predecessores ancient inheritance in Eng land, by the favour of Hendrie the Third, carae to the possessione therof eftir his father's death ; THE SOMERVILLS. 5Q and it is upon record, that, eftir his raarriage in the north of England, he procured from Edward the First, not only a ratificatione to his ancient estate, and that great fortune that came to him in Northumberland by his wife, but hkewayes severall grants of new priviledges within the lordship of Whichenour, and his other lands else where in England, as is evident from the author of the English Antiquities, who wrytes of this worthie gentleman as to the grace and many fa vours he had from his prince, and of his death, which I conceave fitt to give yow in the author's oune words : — *' From which Rodger (speaking of his grand father) descended Robert de SomerviU, his grand sone, (sone of John ; this is all that the EngUsh wrytter speakes of this worthie gentleraan, the father of Robert,) who, haveing marryed Isobel- la, one of the daughters and co-heirs of Rodger de Merlie, a great barrone in Northumberland, in the fyfteinth year of the reigne of Edward the First, payed fyftie pounds for relief of the non- entrie of the barronie of the said Rodger de Merlie, and in the eighteine year of Edward the First obtained the king's licence for free war rants in all his demains and lands lyand within the lordship of Whichenour, TuncasteU, New- 60 ' MEMORIE OF bolte, Brideshouse, Sir Scotcurburgh, and Ed- linghaU, in the countie of Staffordshire ; Witune, Wingates, Horsley, and Scheilds, in the countie of Northumberland, and Stoctu, in the countie of Ware: as also for a market every week upon Tuesday, at his manour of Eyrswase, in tbe countie of Staffordshire, and a fair yearly on the eve-day and morrow of Saint Laurence, and two ^ayes following. He dyed the twentieth and fyfth year of the reigne of Edward the First, leaveing issue Rodger, his sone and heir." Soe far the author of the English Antiquities, unto whom wee have been hitherto, as wee are for two generationes following, for the most j^rt obleidged. As to the light wee have of these Memories allready written, save now and then some knowledge from the date ofa few ancient charters in favours of abbacies and priories, wher. in, as witnes the names, sirnames, and designa- tiones of such persones as are included; and as they are likewayes in all evidences that I have of my oune, and seen belonging to other men, from all which I have truely and ingenuously ex tracted the wholl of these preceeding Memories. Haveing now finished this man's life, and with it the peace of two nationes, that for three or four hundreth years, at least, had lived, if not in THE SOMERVILLS. 61 perfect amitie, yet they wer without hostill in- vasione untiU the year 1296, at which tyme the bloodyest and longest warr that ever was betwixt two nationes feU out, and continued two hun dreth and sextie years, to the undoeing and ru- ineing of many noble famiUes, with the slaugh ter of a mUUon of men, amongst whom wee shall see two cousin-germans act ther parts upon this bloodie theatre ; they being in oppositione because of ther severaU kings and countries in terest, which engadged them in honour to be enemies, notwithstanding of ther neer relatione by name and kindred. Off William, the First of that Name, and second Barrone qf Lintoune, younger Brother to Ro bert, Lord of Whichenour in England, both qf them the Seventh from Sir GuMter de Somervill, The house of Whichenour in England, and 1230. that of Lintoune in Scotland, became now two distinct famiUes by the death of John, the first Barrone of Lintoune, that had right to both these estates. To that in England, by his father Rodger de SomerviU, and to that in Scotlandjt by the gift and donatione of his bountiful lord 62 MEMORIE OF and master King WiUiam, sirnamed the Lyon. They becarae again devyded by Robert de So mervUl, his eldest sone and heir, possesseing and peaceably enjoying all his father's, or rather his grandfather Rodger de SomerviU his lands in England, as now his younger brother WilUam, by the father's donatione and the eldest brother's consent, did the barronie of Lintoune in Scot land, for his patriraonie. Of what age this gen tleman was at his father's death is uncertaine; his eldest brother being but a stripling, it is not to be supposed that he was capable to manadge that considerable fortune left him by his father, therefore it is not to be doubted, that both the custodie ofhis persone, and the governement of his estate, was in the hands of his mother's rela tiones, ther being non of his father's now in Scot land, and therefore of his minoritie we can give noe account. The kingdome of Scotland continueing in peace soe long as Alexander the Second Uved, and the minoritie of Alexander the Third, ther was litle occasione given for any man to signa lize himself upon the pubUc account, every man liveing under his oune vine, and under his oune fig-tree, untill the rebeUione of the Earles of Monteith, AthoU, and Buchan, but of this eftir« THE SOMERVILLS. 63 ward; for WiUiara, Barrone of Lintoune, soe soon as he became a man, he attended the court ; knowing by what meanes his father John had »aised his fortune, he resolves to make sorae in-i terest there, which shortly he did by his father's memorie, his oune vertue, and his mother's rela tiones, that in a few moneths eftir he came to court he was honoured with the same place his father had, of being the king's principaU faUco nar. I know very weiU ther is not a few inhabit ants in the south that attributes to this gentle man what was performed by his father, albeit they have nothing for them but two or three lynes of a rood ryrae, which, when any treats of this matter, they repeat ; I am allmost out of countenance to put them in writt, they are soe dull and without sense ; however, they are these, such as they are, for I give them in the words they wer repeated to me by severall men inha biting the toune of Gallow-Schields,* and others in the parochen of Lintoune. The ryrae foUowes : Wood Willie Somervill filled the worm of Wormandaill, * A market-town near the conflux of the Gala with the Tweed in Selkirkshire. The present Lord Somerville has a beautiful' fishing-seat within two miles of this place. 64 MEMORIE OF For whilk he had all die lands of Lintoune, And six mylles them about.* This they have by traditione, but by a mistake of the name, for it was the father and not the sone that performed that actione, as is clear from what wee have allready written ; it is true, this gentleman, by his constant attendance at the court, and his majesties favour, with the great additione he made to his estate by marry ing Margaret Newbigging, daughter to Walter of Newbigging, made his name more recent in the memorie ofthe people in that peaceable age; and it is probable the name WilUe, sounding better in the ryme than that of John, hes made them place the one for the other : but passing this, the first evidence or writ wee have of this gentleman, is the contract he makes with Wal ter of Newbigging when he marryed his only daughter. The contract, bond, or what else it may be naraed, is without either date or wit nesses, or soe much as ther names subscrybeing, bearing only at the close of fourtie lynes, which is not very legible, these words : " In witnes wherof, wee hing to our sealles at Peebles in * This seeras to be a various edition of the popular rhyme af firmed to haye been inscribed above the representation of the knight and monster on Linton church. THE Somervills* 65 l^weeddale ;" and indeed for the sealles themr selves wee should have been as little the wiser, in regard the impressione of the armes is quite worne out, soe that this evidence should have served for nothing as to any Ught wee could have had from it, ff the same had not in the bodie therof borne both ther naraes and designationes Very distinctly, and that which is most legible in tliis contract, which at present is in the custo die of the Kerrs of Lintoune, and is weill keept by them, being one ofthe eldest evidences with in the shyre of Roxburgh, or probably on this syde ofthe watter of Forth, of that nature. The niarriage of this lady brought the sirname of Somervill first to ClidsdaiU, and got the bar rones of Lintoune the right of proppertie on that shyre, she being heires of the villages and lands of Newbigging, the which, at that tyme. Was neither a barronie of itself, nor yet included within that of Carnwath, the same not being erected into one, as to the best of my informa- tione, untiU the later end of the reigne of King Robert the Bruce. But now it may be enquyred what sirname this gentlewoman was of, with whom WiUiam, Barrone of Lintoune, marryed ? for seing in contract they are only named Wal ter of Newbigging, and Margaret, daughter and 66 MEMORIE OF appearand heir to Walter of Newbigging, by which designation wee are yet to seek for ther true sirnames, unless wee beUeve they wer New- biggings to ther name, which undoubtedly was true ; but ther is some objects against this, and gives these reasones for it ; First, that in aU writs and evidents extant at this day, wherin parties and witnesses are insert, if ther name, house, and lands, bear the same name, they are ever de signed in that writt or evidence of that ilk, which forme of wrytting continues untill this very day. The second reason is, they aUeadge ther is non of the sirname of Newbigging knoune at this present tyme, which makes them doubt whether or not ther hes been any such of that name, for it is certane ther is noe sirname that ever was in Scotland soe extinguished, but that ther is some of high or low degree to be found of the same sirname, with a litle variatione, as could be in stanced in several sirnames now in Scotland. The third and last reasone wherby they would allmost perswad us that ther was never any such sirname is, that, notwithstanding aU the bookes of herauldrie belonging to the Lyon King of Armes hes been searched, they have not found the name or armes of Newbigging, albeit it be certane that all the ancient armes of any sirname in Scotland is to be found there. THE SOMERVILLS. 67 These reasones, in my opinione, are of noe motneht ; the first being frivolous, that the orais- sione of a wrytter or nottar, in the poynt of a designatione, should have any weight as to a man's not being ofthe same name with his house or lands. And as for the second reasone, it is a grosse mistake, ther being yet of the sirname of the Newbiggings existant at this very day. For the third reasone, which appeares soe convince- ing, wee have late experience ofthe fallacie ther of in the book of herauldrie, written by Sir George M'Kenzie, wherin is omitted severall sir- names that are of great antiquitie in this king- dome, such as Gillchrists, Lennox, Lome, HaUi- days, Weirs, Warrock, Herrings, Libbertounes, Penniecookes, Fairlies, Falles, Telphers, and the sirname of SomerviU, and very many others, which certanely are known not only to be of great an tiquitie, but severaUs of them to have been noble families in Scotland, and ther sirnames existing at this present ; now wer it not ridicolus for any man to aUeadge that ther is not, nor wer not any such sirname, because Sir George M'Kenzie hes omitted, or out of prejudice hes neglected to give these sirnames a place in his book of he rauldrie ? But whatever may be in this, of the be ing or not being ofthe sirname of Newbigging, I 68 m£m<3r1e of shaU not farther contend, but take it for granted, as it is certane they have been persones in that age of good qualitie and respect, that this gentle man marryed with him, and that his sone in the foUowing generatione was better knoune by the designatione of Newbigging then Lintoune. But now ther comes a questione of greater difficultie to resolve : How the toune and lands of Newbigging returned to that sirname again ? as wee find they wer by charter granted by The- mas SomerviU, Barrone of Carnwath, and the first Lord SomervUl, to and in favours of Wil liam Newbigging, designed his cussing, by which we understand the proppertie of that land at the tyme to belong to the Newbiggings, and from them, in the next age, to be in the hand of the Livingstones of Jerviswood, and the next gene ratione after that, the third of the proppertie of the same land to belong to Hugh Lord Somer viU, first of that name, who left them, with seve rall lands, to Hugh SoraerviU of Spittell, his youngest sone; all these severall convoyances wee are utterly ignorant of, and therfore can give noe account of the same, either from our owne papers, or any other evidences belonging to other gentlemen that wee have yet seen, and therfore I leave it to a farther discovery, and re- THE SOMERVILLS. 69 turn to the gentleman whose memorie I have in hand, who, being still at court, and in the same imployraent his father had in the service of this king, liveing in much reputatione in the countrie, haveing the favour of his prince, Alex ander the Second, and was honoured to be one of his retinue when he went to France, and re newed the ancient band, that nether of the princes should receive the enemies of the others realmes, nor marry with any stranger, the one not making the other privie therto. Much about this tyme dyed Jean Queen of ^239, Scotland, without any successione ; therfore, the next year the king marryes with Mary, daugh- ter to Inglaram Earle of Cowsie, a lady of great beauty, whom his majestie receaved at his castle of Roxburgh, haveing most of the nobUitie and barrones in the south attending upon him ; amongst others, WUliam, Barrone of Lintoune, was remarkeable, because of his dexteritie in tilting and exercise, much in use in that age, be cause of the usefuUness of that weapon in the tyme of warr. Alexander the Second dying, his son Alexan- 1249. der the Third succeeded in the year of Christ 1249, being at his coronatione but nyne years of age. Some sex years eftir that, the Kings of MEMORIE OF England and Scotland, with ther barrones, con- veened in York, where King Hendrie the Third of England's daughter, named Margaret, was marryed to King Alexander, being but in the sexteinth year of his age. WiUiam, Barrone of Lintoune, because of his place, was one of that 1256. honourable company that attended his majestie, and was present at that great solemnitie, as be ing a gentleman whose predecessors for several generationes had been of English extractione ; and at that very tyme his cussing, Rodger de So merey, was a great favoritie of King Hendrie's, and his oune elder brother, of eminent rank, pos sessing many barronies and lordships, both in the south, west, and north of England, left to him partly by his predecessors, but exceedingly increased by his marrying IsobeUa de Merley, the daughter and co-heir of Sir Rodger de Mer ley, a great barrone in Northumberland, in whose right he possessed a great inheritance there. This solemnitie being over, and his ma jestie returned, wUling to execute justice, he summoned the Earle of Monteith, AthoU, and Buchan, with the Lord of Strabogie, which wer then all of the sirname of Cummings. These noblemen, not compearing, wer denounced re belles ; wherupon they, with ther assistances, THE SOMERVILLS. 71 surprized the king, and imprisones him in Stir Ung, a certane space from which ; at lenth his majestie being releaved, whether by pactione or force it is uncertane, for the authors of our his tories are silent herein. The king was engad ged in a more dangerous warr by Ancho King of Norrowayes comeing into the isles with many Daines, against whom King Alexander marches with a great armie ; and, eftir a long and cruell battell, obtained at lenth a famous victorie, leave ing twentieth and four thousand of his enemies dead upon the place : this was the last expedi- tione and service wherin WiUiam, Barrone of Lintoune, accompanied his royall master, being then, as may be supposed, about the sextieth year of his age, if wee calculate from his father's death, and his own entrie to the estate in the year 1230. As to the year of this gentleman's death, nor 1280. the age he was of at the tyme, wee conclude no thing, nor ofhis particular actings have wee any certanety, more nor what is related, only it may be supposed he was dead before the year 1280, because wee find him not mentioned at that tyme in the transactione that was betwixt his sone Sir Walter de SomerviU and Sir David Barclay, whose sister he marryed ; what children 72 MEMORIE OF he had with his Lady Margaret Newljigging, be* syde his eldest son Sir Walter mentioned in Wah lace his book, and WilUam, to whom he gave a ten merk land within the barronie of Lintoune, is altogither unknoune, for Sir Walter, his eldest sone, succeeded to his father and his fortune, both in the south and west : as for this worthie gentleman, he dyed some fyfteinth or sexteinth years before his eldest brother Robert, Lord of Whichenour, and lyes buryed at Lintoune church, which was the ordinary buriaU place for the Barrones of Lintoune, untiU the buUding of the coUegiat church of Carnwath, by Thomas, the first Lord Somervill, in or about the year of Christ 1424, which became then, and eftirr ward, the ordinary buriaU place of the Lords So mervills untill the year 1602. Off Rodger, the fourth of that Name, the eight Barrone or Lord qf Whichenour in England. Haveing finished the memories of the two brethren, Robert and WilUam, the elder whereof out-lived the younger sexteinth years, wee corae now to write of his sone Rodger, the fourth of that name, and eight Barrone or Lord of Whiche- THE SOMERVILLS. 73 nour ; but because I have non of the evidences of that house in my custody, I have keeped ex actly with the author of the English Antiquities, and given you ther words in the wholl narratione of the foirgoeing memories relating to the house of Whichenour, as any may observe that will be pleased to peruse that author. Rodger, sone to Robert, in the twentieth and third year of Edward the First, was in the Scot tish warrs ; wherupon, in the parliament held the next ensueing year, he petitioned to have allow ance for his service done in that expeditione, haveing then been in the retinue of Hendrie de Peircie, and marched from Carlile to Berwicke by the command of Prince Edward. In the eight year of Edward the Second, he receaved comraand to goe to Newcastle-upon- Tyne upon the festival of the blessed Virgin's as- sumptione, weill fitted with horses and armes to resist the incursione of the Scots ; and in the sexteinth year of Edward the Second he was constitute sherreff" of Yorkshyre, and governour of the castle of York. This Rodger left issue, Rodger, his son and heir, whose memorie wee shall give eftir that wee have written of his cus sing, Sir Walter of Newbigging and Lintoune. 74 MEMORIE OF 1280. Off Sir Gualter de Somervill, tlw third of that Name, the third Barrone of Lintoune, the first qf Newbigging, the eight from Sir Gualter de Somervill of Whichenour in England. Alexander the Third being in the threttieth or threttieth and one year of his reigne, and the country in perfect peace, the nobiUtie and gentrie offen frequented the court; amongst others Sir Walter of Newbigging and Lintoune, being a brave and noble young gentleman, for the most part, both before and eftir his father's death, attended the same, being in favour with Alexander the Third, by whom he was knight ed, at the tyme when his sone. Prince Alexan der, was marryed upon the Earle of Flanders daughter att Roxburgh castle. The solemnitie of that marriage being over. Sir Walter returnes to the tour of Lintoune, then his ordinary resi dence, untill the king's goeing north, and then attended his majestie in that progresse, wherby he had the acquaintance of Sir David Barclay, whose sister, Effie Barclay, he the same year marryed in anno 1282; as maybe conjectured from a band of mandrey* (for a contract of mar- * A band of manrent was an engagement to rise in arms at THE SOMERVILLS. 75 riage, or any other evidence relating to this af. fair, wee have non extant) betwext Sir Walter and Sir David, wherin, besydes ther ordinarie designatione of Newbigging and Towie, they are caUed brethren in law. It is frora the mutuaU band, or contract, of mandrey, that we have any light, either of the person to whom, or the tyme about which Sir Walter of Newbigging was mar ryed, therefore I think it not amisse to insert the same in this gentleman's memorie, because of its antiquitie. The band foUowes : — " Be it kend till all men be thir present letters, 1281 me. Sir Walter of Newbigging, and me. Sir Da vid of Towie, for all the dayes of our lyves fo be obleidged and bound be the faith of our bodies and thir present letters in mandred, and sworne counsell as brothers in law, to be with one an other in all actiones, causes, and quarrills per- taineing to us, both in peace and in warr, against aU that lyves and dyes, excepting our alleadge ance to our soveraigne lord the king. In witnes of the whilk thing, and of ther present letters, wee have hung to our sealles att Aberdean, the twentieth day of Apryle,:the year of God, 1281, the call of the person to whom it was granted. These obliga tions were very comm m in Scotland. The word is variously ppelled, inanrentf manred, manreden, and moraden. 76 MEMORIE OF before ther witnesses, WUUam SomerviU, our brother, and John Somervill and Thomas Stel- feir." To this band of mandrey is appended two sealles, very legible and knowne, for tbe Somer vills and Barclayes differed nothing from what they are at present, save a little in the placeing of the armes. What this John SomerviU, here mentioned as a witness, was, I find not, nor can not understand, unles he hes been either a law- full begotten or natural sone of WiUiam, Bar rone of Lintoune, or his father's, for at this tyme ther was noe others of that sirname in Scotland. What this gentleman's particular actings wer dureing the reigne of Alexander the Third and eftir, untill the tyme that that unhappie warr fell out which involved our natione in a chaos of confusione, and aUmost extinguished the memo ries of these tymes, persones, and circumstances, whereby wee might have had any knowledge of ther actiones for the future, soe ther is nothing of this gentleman upon record but what is aU ready related, untill the peace of the country was at first interrupted in the year 1286, or, as some authors have it, 1285. By Alexander the Third's being pitiefuUy taken away by a faU from his horse over the west craig of Kinghorne, with out any issue of his bodie alyve, in him the THE SOMERVILLS. 77 whoU posteritie of his father, Alexander the Se cond, and grandfather, WiUiam, sirnamed the Lyon, being extinguished, the right ofthe croune fell to the heirs of David, Earle of Huntingtoune and Carrick, youngest brother to William the Lyon, as you may read at lenth in our chroni cles.* The seven years governments of the sex re- 1292. gents being out, and BalioU, by a private com pact with King Edward the First of England, estabUshed upon the throne of Scotland in anno 1291, or rather in amio 1292, which is more pro bable, if wee make our calculationes right ac cording to some forgoeing circumstances ob- serveable in the wrytters of these tymes, which bring BalioU either a year too sone, or a year too late, to the croune, as you may observe in the author of the Abridgement of the Scots Chronicles, who places him not untill the year * Upon the death of Alexander was composed the rude- dirge,— When Alexander our king was dead, Who Scotland led in luve and le, Awa was sonce of ale and bread, Of wine and wace, of gam and gle ; Christ born into virginity, Succour pour Scotland, and remesr That stad is in perplexitie. 78 MEMORIE OF 1293, which is, as I understand, a year too long ; for its knowne the peace of our natione was quyte broke in the year 1296, and that author makes BaUoU to reigne four years, and then to be expelled by Edward the First, and sent into France, where he dyed long eftir in exile.* 1296. BalioU being removed, Edward King of Eng land, by the strong hand, takes possessione of the kingdome of Scotland, and is crouned at Scoon, having many of the greatest noblemen in Scotland vassalles and feudaries to him for many lands which they held in England, partly for great service done to him and his father .Hen drie the Third, partly also by interchange of marriages and successione betwext the two na tiones, which for a long tyme had lived in per fect amitie and peace, as it had been one king- dome, but became now brocken by King Ed ward's cruell oppressiones, and destroying the wholl ancient monuments of our natione, dure ing all which broyles ther happened great alter ationes both in the general state of this king- dome, and in the overthrow of and advance- * Our author is here right in his conjecture. John Baliol was crowned at Scone on St Andrew's day, 30th Nov. 1292, (W. Hemingford, I. 37-) and did homage to Edward for his kingdom at Newcastle, upon the 26th of December following. THE SOMERVILLS. 79 ment of particular families : the first for betray ing, the second for maintaineing ther countries freedome and wellfare, amongst which number. Sir Walter of Newbigging and his two sones, Sir David and Sir John. The first of these gentle men was knighted by Alexander the Third, and the last by King Robert the Bruce, eftir he came to the croune of Scotland ; all of them wer no ble assertors of ther countries libertie, and con stant adherers to the Brucean partie, as is evi dent from the histories of these tymes, particu larly that of Wallace and King Robert the Bruce's Bookes ; we find Sir Gualter of Newbig ging, with his sone Sir David, had the honour to command the third bragad of horse at the bat tell of Biggar, which was fought in the later end of May, 1297, wherin both the father and the sone behaved themselves very worthilie. This battell being the first of any moment that Wal lace gained^ wherin Edward King of England the First being present himseff, receaved a not- table overthrow, and Wallace soe much honour, that at a counsell held at the kirk of Foresse, he was choysen warden of Scotland, wherin he be haved himself very worthilie by his conduct and valour, with very small assistance acting won ders, to the admiratione of that age, and to all 1 so MEMORIE OF succeeding generationes. He continued in that imployment, with great honour and advantage to his countrie, untiU the envy and emulatione of the BalioU and Cumming factione stirred up the generaUtie of the nobUitie against him, which made him resigne his wardenship at Saint John- stoune ; these passages I passe over with my ac- customat brevitie, seing they are soe fully spock en to by all our authors. Eftir the battell of Biggar, wherin Sir Walter of Newbigging and his sone Sir David was ho noured with soe great command, and therin act ed for ther countries freedome, notwithstanding they knew very weill that they themselves was lately of EngUsh extractione, and in that very battell ther cussing-german, Rodger, Lord of Whichenour, stood in oppositione against them, being then honoured by King Edward the First with the command of a regiment in the English armie that fought against them that day, as ef tirwards shall appear when we give his memorie. We find nothing of Sir Walter, and his sone Sir David, more in any author upon record, nor yet is ther any privat evidence remaining that I know to informe us of ther particular actings farther nor what is aUready related, neither can wee come to the knowledge whether Sir Walter or his THE SOMERVILLS. 81 sone, Sir David, dyed first, and to which of the two, father or sone, John, Barrone of Lintoun6 and Newbigging, and the first of Carnwath, se cond sone to this Sir Walter, entered heir. All these severall circumstances, the exact yeai's of ther deaths, and the particular place of ther bu- riaUs, through the confusione and iniquitie of that tyme, hes buryed all in perpetuall oblivione, only we find that, counting from the band of mandrey betwext Sir Walter and Sir David Bar clay in anno 1280, untill the battell of Biggar, 1297, ther is sextienth years in which this gen tleman was in actione, and certanely, if wee had missed these two foregoeing circumstances, wee should hardly been able to have given any ac count of this worthie gentleman's memorie, which haveing now finished, before we come to speak of his second sone, Sir John, the fourth Barrone of Lintoune and Newbigging, and first of Carnwath, wee will observe our ordinary me thode in relating the lffe of Sir Rodger Somer vUl, the fyfth of that narae, the nynth Lord or Barrone of Whichenour in England, grand-childe to Robert, who was grand-uncle to John, Bar rone of Carnwath. 82 MEMORIE OF Of Rodger, the fyfth ofthatName, the nynth Lord or Barrone of Whichenour in England. Before wee give the raemorie of Sir John, de signed of Clidsdale, the first Barrone of Carnwath, and fourth of Lintoune, it's fitt wee observe our ordinary progresse dureing the continuance of the heirs male ofthe house of Whichenour ; ha ving already written the memorie of Rodger, the fourth of that name, and eight Lord of Which enour, wee come to treat of his sone Rodger, the fyfth of that name, and nynth Lord of Whiche nour ; and herein also I shall observe my former methode, and give you what is to be said of this noble gentleman in the authors oune words. This Rodger (speaking of Rodger the fourth) left issue, Rodger his sone and heir, who being a knight in the first year of King Edward the Third, was in the warrs of Scotland that year, and of the retinue of Thomas Lord Wrake of Liddell, soe likewayes in the seventh year of Edward the Third, but all that I can farther say of him is, that he gave the admissione of the church pf Staingtoune tothe monkes of Newmonster, juxta Morpeth, in the countie of Northumberland. And haveingbeen summoned to the parhament, to witt, THE SOMERVILLS. 83 nobiUtat, and made ane peer of England amongst the barrones of this realme in the first year of Edward the Third, but no more. Departed this life the fyfteinth of the calends of February, in the tenth year ofthe reigne of Edward the Third, and was buryed at Burtoune, in the countie of Eber, leaving Sir Philip de Somervill, Knight, his brother and heir, fyftieth years of age, who there upon doeing his homage had levery of his lands. Of John, the second of that Name, the fourth Bar rone qf Lintoune and Newbigging, the first Barrone qf Carnwath, and the nynth from Sir Gualter de Somervill, Lord qf Whichenour in England. Sir Gualter and Sir David his eldest sone being 1 306. dead some tyme before King Robert the Bruce was crouned at Scoon, the barronie of Lintoune and lands of Newbigging falls to John, second sone to Sir Walter and brother to Sir David; which ofthe two, father or sone, dyed first, and to whom of them John Barrone of Carnwath enter ed heir, his father or brother, wee cannot teU, ther being nothing from the year 1296 to the year 1314, but slaughter, burneing and ruineing the 84 MEMORIE OF principaU houses and famUies of both parties. The Ballon and Brucean factiones still contend ing, and the Kings of England takeing ther ad vantages to destroy both, and secure the king- dome of Scotiand to themselves, which they often attempted dureing the space of eighteinth or nyneteinth years, sometymes with good, and at other tymes with bad successe, as may be knowne from the histories of that age, who tell us plainly, that ther was not one familie in all Scotland that suffered not more or lesse in that universall de- ludge that sweept away many families and names that now wee have not, and of uthers left us no thing to the purpose but the bare remembrance of ther being, and some pettie circurastances scarce worthie the nameing ; for so great was the malice of Edward the First, that his endeavours tended to noe lesse then to extinguish the very memorie of our being a natione. What raay then be expected from the year 1296 to the year 1300, or rather unto the year 1366, some ten years before King David Bruce dyed, as to the know ledge of these tymes, I leave it to any rationaU man to conjecture. However, as in the darkest and cloudyest nights ther appeares now and then the twinklings of a star wherby a man may direct his course to some airth, soe in this blacknes of our THE SOMERVILLS. 85 countries affUctione wee are not altogither left without the reraerabrance of sorae mens memo ries who acted in the behaff of ther king and countryes interest, wherof John Barrone of Lin toune and Carnwath made one. This gentleman was neer to mans state much about the tyme ofhis father Sir Walter's death, who had not been wanting to informe him of the miserable condi tione of his native country, through the op- pressione of English, and the difference anent the successione to the croune, which gave the first occasione and opportunitie for them soe to en slave the natione. He shewed him that BalioU being fallen from the croune (as weill as from the favour ofhis subjects) by his un worthie trans actione with Edward the First, the right of suc cessione remained in Robert the Bruce ; there fore, as soon as God should give opportunitie, he charged his sone, as he tendered the honour and favour of his prince, the peace and freedome of his country, the happynes and prosperitie of his oune familie, and that estate whereunto he had fallen in Clidsdale by his grand-mother, that he should with the first attend the kings comeing to Scotland, and proffer his service, life, and for tune to his majestie, as a faithfuU and duetyfuU subject was obleidged to doe. This coraraand of 86 MEMORIE OF his father he punctuaUy observed, for noe sooner did King Robert appear (WaUace being betray ed by Sir John Monteith and martyred at Lon don, in anno 1306,) but immediately he joyned with the king, as is evident from the first and se cond pages of the histories of that king's reigne, and was still with him untill the batteU at Meth- vin-wood neer St Johnstoune,' where, with other ' Barbour enumerates Somerville among the other patriot nobles who adhered to Bruce's standard when it was first dis played : — The King Robert wyst he wer thair, And quhat kyn chyftanys with him war. And assemblyt all his mengye ; He had feyle off full gret bounte, Bot thair fayis wer mar than thai, Be fifteen hundred, as I've hard say. The quhene he had thair, at that ned. Full feiU that war douchty of deid ; And barownys that was bauld as bar ; Twa Erles alsua with hym war. Of Lenyvax and Atholl war thai; Eduuard the Brwyse was thar alsa, Thomas Randall, and Hew de le Hay, And Schyr David the Berclay, Fresale, Sumininvile, and Inchmertyn ; James of Dowglas thair wis syne, That yheyit than wis bot litill of mycht : And other fele folk forsye in fycht, Bot I cannot tell quhat thai hycht. Booke IL line 225. THE SOMERVILLS. 87 persones of qualitie, it was his misfortune to be taken prisoner, and obleidged to the wUl and pleasure ofthe victores for saveing his life to pro mise fealty with the rest of the prisoners to the , King of England, in which conditione he reraain ed untill the king's better fortune freed him and others from this extorted engadgement. Ther is one thing I raust take notice of as propper in the place, that during his abode at Methvin, he had the acquaintance and was familiar with the keeper of Methvin- woods daughter, who bore to hira a natural sone named John, whose»posteritie remains there as fosters of that wood untiU this day, haveing no other inheretance but a house and two aikers of land as ther aUowance for that service. The year 1314 being come in which, upon the 1314. twentieth and one day of June, King Edward the Somerville is again mentioned amongst the prisoners made by the English, after the Bruce was defeated at JMethvin : — Schyr Thomas Randall thair wis tane, That then wis a young bacheler ; And Schyr Alexander Fraseyr ; And Schyr David the Breklay, Inchmertyne, and Hew'de le Hay, And Somirweil, and othyr ma. B. IL I. 405. 88 MEMORIE OF Second was encountered at Bannockburne by King Robert the Bruce, and eftir long and hard fighting his great armie was put to the rout, him self with a small company fleeing into Dumbar, was sent by the Earle of March into England in a fisher boat, leaveing many of his nobles and gentlemen killed and taken by the Scots. 1317. This victory freed Scotland from the EngUsh bondage, and gave them not only opportunitie to make divers incursiones upon the English to re- quyte the harmes receaved firom them before, but also leasure to look eftir ther privat affaires, which had been quyte out of order and litle mynded for threttieth years preceeding, but now every man began to setle himself and his fortune ac cording as he was able by his Industrie or interest at court, wherein John, Barrone of Lintoune, as forward and fortunat as the best, haveing about this tyme marryed Elizabeth Douglas, daughter to James Douglas of LoudonhiU, Kinnoull, Carn wath, and Calderclear, with whom he receaved in tocher, the toune and lands of Carnwath, eftir ward with the laads of Newbigging erected into a barronie, to hold ward by King Robert the 1320. Bruce, in anno 1320, eftir which, and his father- in-laws death, for the most part he made his re sidence in Clidsdale, haveing built the double THE SOMERVILLS. 89 tour in Carnwath toune, (the residence now of the present Earles of Carnwath,) where he dwelt, CowthaUy castle then, as most of the pettie strengths in Scotland wer fbr the raost part burnt or demolished by the iniquitie of the tymes. Sir John, being now father to four sones, James, 1329. Walter, David, and John, and two daughters, which Lady Elizabeth Douglas had borne to him, he lived in peace untiU the year 1329, and the year 1331, in which the two dyed, both King Robert the Bruce and Thomas Randell, Earle of Murray, Governour of Scotland, eftir whom Patrick, Earle of March, and David, Earle of Murray, being choysen governours, the civiU warrs was renued by Edward BalioU, sone to John BalioU, umquUl King of Scotland, being assisted with the forces of Edward the Third King of England, of a sudden he prevaiUes soe far that, haveing taken the toune of Perth, he is crouned there in the year 1332. Wherupon en sued as great warrs and as destructive as ever. The kingdome, nobilitie and gentrie, being again devyded betwext the Bruceon and BaUion par ties dureing the minoritie of King David Bruce, which continued untiU the year 1 338, and some tyme eftir, with various successe, sometyme the one partie prevaiUing, and then the other, untUl 90 MEMORIE OF at lenth the BaUion factione was subdued, and hiraself taken out of the kingdome by Edward the Third, and shortly thereftir David, King of Scotland, in anno 1342, with his queen, returnes out of France, holds a parliament, and gratifies these of the nobilitie, barrones, and gentiemen that had adhered to his oune and his fathers in terest ; but his royall bountie was fatal to non but Alexander Ramsay of Dalhoussie, who. ha ving done many exployts in faA'^ours of his prince and country, especiaUy his takeing the castle of Roxburgh, in Tiviotdale, which the king confer red upon Ramsay as keeper, and withaU the shirefship of Tiviotdale, which soe incensed WU Uam Douglas, Lord of LidisdaiU, that within three months efter Ramsay's instaUment, the Lord LidisdaiU surprizes him in Hawick exer- ciseing his office of shirefship, killes tliree ofhis men, wounds himseff when he was looking for noe such thing, and being his prisoner, puts hira in the Hermetage, where he was sterved to death, ane actione aUtogither unworthie of the doer and receaver of that injurie ; but what wiU not re venge, and some few punctiUoes of slighted ho nour and supposed great deservings, prompt even gaUant men unto ? for such undoubtedly was this WiUiam Douglas, Lord of Lidesdale, caUed in 10 THE SOMERVILLS. 91 that age the Flower of ChevaUry. But passing this and the materiall oecurrances of that tyme, wherein the histories of the Douglasses is copious enough as to every punctUio and circumstance that might advance the glory of the Douglasses, which undoubtedly both then and untiU the reign of King James the Second deserve very weiU at the hands both of ther princes and country, for the many noble exploytes by them performed, especiaUy dureing the tyme of this king's mino ritie, and eftirward, as you may read at large in the historie of that familie. Amongst others that was partakers of the kings favour. Sir John So mervUl, Barrone of Lintoune, obtaines a ratifica tione of the lands of Carnwath, which he had gotten by his lady. This interest gave ground and occasione to that designatione he hes in se veraU papers which I have seen, to be caUed Sir John of CUdsdale, being at that tyme (abstract ing from the Douglasses) one of the principaU men in that country, next to Sir Andrew Murray, that was twice governor of Scotland, on whom Sir John SomerviU depended, and was with him in the most of his expeditiones. This Sir Andrew Murray' had a great intercist upon Clyde, but » Sir Andrew Murray of Bothwell was for some tirae war- den of Scotland, and gallantly supported the cause of David 92 MEMORIE OF where these lands lay in that shyre I find not upon record, but' the barronie of BothweU, which eftirward the Douglasses gott by marrying the daughter of this Sir Andrew Murray, that was twice governor of Scotland. Ther was also one Magnus Mowbray, designed Lord of CUdesdale, who commanded the fourth squadrone at the seidge of Saint Johnstoune, in anno 1339. But what this man was, or where his estate lay upon Clyde, I find not in any author, being only named in the historie of the Douglasses. In the year 1 346, upon the seventienth day of October, was WiUiam, the tenth Barrone or Lord of Douglas, created Earle,' some few hours before that unfortunat batteU of Durehamewas foughten. Bruce. Winton records him as the best knight in Scotland after the death of Robert the Bruce. Schjrre Andrew of Murraye gud and wicht, That was a bald and a stowt knycht, That nane better was in his day Fra the gud Kyng Robert wes away. ' i. e. le out, except. '¦ This is an error, which occasions Lord Hailes's observation, that the Scots are reformed from popery, but not from the fa bles of Hector Boece. Lord Douglas, son of the celebrated Tineman, was at this time in France, and did not return till 1,*348. William Douglas, the celebrated knight of Liddesdale, was one of the Scottish leaders at the battle of Durham, and was there made prisoner. THE SOMERVILLS. 93 wherein the king with severaU of his nobilitie was taken prisoners and many kUled of eminent rank, amongst which James, eldest sone and appearand heir to John, Barrone of Carnwath, being then in the twentieth and sixth year of his age, was one of that number ; this sad stroake made his father the same year contract Walter, now his eldest sone, upon Janet Preston, daughter to Sir Thomas Preston, eldest sone and appearand heir to Sir Laurence Preston, laird of Craig MiUer. This gentleman. Sir Thomas Preston, with seve raU other persones of quaUtie, was kiUed at the stormeing and takeing of the toune of Berwick ; Sir WiUiara Douglas, and Sir David Ramsay of Dalhousie, in the year ensuing, 1 347.' Being that year wherein this worthie gentleman dyed, he setles his other two sones, David and John, in the west. To David he gave the lands of Black- castle, neer to Biggar, and to John the third of Newbigging, which efter this John dispones in fa vours of his eldest brother, Sir Walter, upon his marrying one Katharine HaUiday, the heiresse of Mophit, or some lands neer by it. His eldest ' The capture of the town of Berwick is dated by Lord Hailes, after Fordun, in 1355. 94 MEMORIE OF daughter was marryed to Sir John Sandelands of Calder, who was father to Sir James, that marry ed Uterin, or, as our wrytters caUes her, Eleonora Defries, haff sister to WUUam, the first Earie of Douglas, who gave her, as sayes the history of Douglas, noe lesse then the barronie of West Calder, for her and her heirs whatsomever ; for his youngest daughter she was marryed upon Sir Laurence Baird, of Posso in Tweeddale; thus wee see this noble gentleman to have provyded aU his sones with competent fortunes, and to have marryed his daughters honourably ; for himseff dureing aU the dayes of his lffe he was a constant foUower of King Robert the Bruce, and ane ad herer to his sone King David's interest when it was in the most desperate condition. Witnes his casting up a quantitie of earth of his lands upon the south-west of Carnwath toune, which makeing a litle hill, 'tis caUed yet omnis terra. This was the custome of these tymes, by which homage they that held the King of Scotland supreme un der God wer distinguished from the Balion party, or such as owed any homage to the King of Eng land." By this worthie gentlemans stUl adhereing ' Of such a custom I believe we will find no other trace than the averment in the text. The little mound is still visible at THE SOMERVILLS. §5 to the Brucean interest, he purchased much ho nour to himseff and posteritie, secureing to them a great estate in Roxburghshyre and CUdesdale, which other men lost by endeavouring to uphold and maintaine the BaUion factione. As this gen tleman was bome much about the tyme that the warrs first begun betwext Scotland and England, soe he dyed before ther was any expectatione that they would cease ; King David being stUl prisoner in England, in the year 1 347, ofhis oune age sextieth and fyve or therby, for any calcula tione wee can make from his first appearing with King Robert the Bruce at the batteU at Methvin- wood, in anno ] 306. He lyes buryed in the quier of Lintoune church with his predecessors. the west end of the village of Carnwath. It seems to have been designed for a. vault, having an opening on the top as if to de scend by a stair-case, but it is now choked up with rubbish. It is surrounded by a ditch and mound, and was probably de signed as a cemetery. The name of omnis terra is borrowed fi-om the mote-hill at Scone, which is fabled to have been com posed at the period of the introduction of the feudal law into Scotland, by each baron bringing thither a handful of the earth of his lands in token of his surrendering them to the king to receive a feudal investiture. 96 MEMORIE OF Of Sir Philip de Somervill, the tenth Lord of Whichenour, the last of the Male Lyne of that House and Familie in England. Being now to wryte of the last of the heirs male of the house of Whichenom-, I shaU not transgresse my former method, but proceed in the words of my author, and relate what is to be said of this nobleman, being the last male of this famUie except the house of Rodger de Somerey, who was nephew to Rodger, the fyfth barrone of Whichenour, but I proceed to Sir PhiUps rae morie, the last male of the house of Whichenour. Sir PhiUp at his age of fyftieth years succeed ed to his brother, Sir Rodger de SomervUl, upon the fyfteinth ofthe calends of February, 1337, being the tenth year of the reigne of King Ed ward the Third, King of England ; of which Sir PhUip I find he was shirreff of the countie of Buckingame and Bedfoord in the first of Edward the Third, and held the manures of Whichenour, Suseet, Reidware, Nethertoune, ConlencaU, (in the countie of Staffordshyre,) of the Earle of Longcaster, (then lord ofthe honour of Testory,) by these memorable services, which I have thought fitt here to expresse at large from ane ancient roll THE SOMERVILLS. QJ of parchement written in the time of King Hen drie the Seventh, it being then a translatione put in English from the lyke roll in France, in the tyme of King Edward the Third, viz. by two small fies, that is to say, when other tennents pay for reUeff ane whoU knights fie, ane hundreth shnUngs, he the said Sir PhiUp shall pay but fyf tieth shUUngs, and when Throughout the land or for to make the eldest sone of the lord knight, or for to marry the eldest daughter of the lord, the said Sir PhiUp shaU pay but the of it that others shaU pay, nevertheles the said Sir PhiUp shaU find, maintaine, andsustaine, ane ba con slyke' hinging in his haU at Whichenour, ready arrayed all tymes of fhe year, but in Len- trone, to be given to every man or woman marry ed eftir the day and year of the marriage be pass ed, and to be given to every man of religione, archbishop, bishop, prior, or other religious per sone, and to every priest, eftir the year and day of ther professione finished, or of ther digmtie, in forme foUowing, whensoever that any such be- forenamed wiU come to enquyre for the bacon in • This word has been inserted by another hfmd. G 98 MEMORIE OF ^ ther oune persone, or by any other -for. liiein. They shaU come to the bailzie, or to the porter of the lordship of Whichenour, and shaU say to them in the manner as foUoweth : « BaUzie, or porter, I doe you to know that I am eome for myself (or, ifhe come for another, shew- iiig' for whom) to demand one bacon slyke, hlfig- ing in the haU of the Lord of Whichenour, eftir the forme therunto belonging." Eftir which relatione the bailzie, or porter, shall assigne a day to him upon promise by his seith to returne, and with him to bring tween of his nightbours, and in the mean tyme the bailzie shaU take with him tween of his freeholders of the lordship of Whichenour, and they three shaU goe to the manour of Rodlaw, belonging to Ro bert Knightlay, and they shaU summon the said Knightlay, or his baUzie, commanding him to be ready at Whichenour the day appoynted at pryme of the day with his carriage, that is to say, a horse and a saddle, a seek and a prick, to convoy and carry the said bacon and corne a jeumy out of the Gtfunty of Staffoordshyre at his costage^.and then the said bailzie shaU with the said'fi^eeffmd- ers summonds aU the tennents of the said ma nour to be ready at the day appoynted at JVluche- nour, to doe and performe the servi6e~ which they ow to the bacon ; and at the day appoynted THE SOMERVILLS. 99 aU such as ow service to tbeibacon..sh§iU b^ ready at the gate of the manour of 'Whichenoar fto^ the sun rys.eingL.to .the hodn, attending and wait* ing for the cdmeing Of hiin that fetcheth the ba con, jai|d.«ih(^h^vis come in ther shall be d^^ veredito him and his feUowes chaplets, and to- all these that shall be there to doe ther service du^ to the bacon, and they shaU lead the said demand^ ant with trumpets and and other marh- her pf jmusicaU seyes to the hall door,' where he shaU find the Lord of Whichenour or his steward ready to delyver the bacon in this manner. He shall enquyre of hira which demands the bacon, if he hes brought twyne of his nightbours with him, which must answer. They be here ready j and then the steward shall cause these two night bours to swear ff the said demandant be a woded man or have a man woded, and ff since his mar riage ane year and day passed, and ff he be a free man or a viUane, and ff his said nightbours make oath that he hath for him all these three poyntes .rehearsed, then shaU the bacon be taken doune and brought to the haU door, and shall there be laid upon ane half quarter of wheat, and upon another of rye, and he that demandeth the bacon gjiallkneell upon his knee, and shall hold his right liapd'Upon a book, which book shall be laid above 100 MEMORIE OF the bacon and the corne, and shaU make oath in this manner: '" Hearye, Sir Philip de SomerviU ofWhichenour, mentainer and giver of this bacon, that I answear, since I was weded be my wffe, and since I had her in my keeping and at my wiU by a year and day eftir our marriage, I would not have changed for non other, fairer nor fouUer, nor richer nor poorer, nor for non other descended of greater lineage, sleeping nor wakeing at noe tyme, and if the said before wer soil and seeU, I would take her to be my wffe before all the women of the world, of what conditione soever they be, good or evUl, as help me God and his saints, and this flesh and all fleshes;" and his nightbours shall make oath that they trust verily that he hes said truely ; and ff it be found by his nightbours aforenamed that he be a freeman, then shall be delyvered to him half a quarter of wheat and a cheese, and if he be a villane, he shall have haff a quarter of rye without cheese, and then shall Knightlay, Lord of Rodlaw, be called to carry all these things before rehearsed, and the said corn shaU be laid upon ane horse and the bacon above it, and he to whom the bacon appertaineth shall ascend upon his horse, and shall take the cheese before him, if he have a horse, and ff he have non, the THE SOMERVILLS. 101 Lord of Whichenour shall let him have ane horse and a sadle at such tyme as he be passed his lord ship, and so they shaU depart the manour of Whichenour with the and the bacon before him that hath win it, with trumpets to and other and all the free tennents of Whichenour shaU conduct him till he be passed the lordship of Whichenour, and then shall all they returne except him to whom it appertaineth to make the carriage and journey without the countie of Staffoordshyre, at the castle ofhis Lord ofWhichenour ; and if the said Robert Knightlay doe not cause the bacon and corne to be convoy ed as is rehearsed, the Lord of Whichenour shall doe it be carryed, and shaU distrinzie the said Robert Knightlay for ane hundred shillings in his manour of Rodlaw for his default, and shall keep the distresse so taken. Moreover the said Sir Philip holds of his lord the Earle, the man.our of BrideshaU, by these ser vices, that such tyme his said lord holdeth his Christmasse at Tuburty, upon Ghristmasse even, the said Sir PhiUp shall come to Tuburty, by the marshaU of the earles house, and upon Christ masse day he hiraseff, or some other knighf his deputy, shall goe to the dresser, and shall shew to his lords messinger, and then shaU he serve the 102 MEMORIE OF same meat to his said lord, and this service shaU he doe as weUl at supper.as at dmner ; and when hisjjoid hea eaten, the said Sh PhUip. ^aU sit dQun#m:tiie same place where his lord sat, and §haU be served at his tdble by the sani^isteward •jpf the earles house upon Saint Stephkiisr day ; •when he hath dyned he shaU takie leave of the lord and shall kisse hhn, and for his service he shaU nothing take nor nothing shaU give, and aU these services eftir rehearsed the said Sir PhUip to doe by the space of eightein years and his ante- cessores before him to his Lords Earles of Long- caster. Item, The said Sir Philip holdeth of his said lord the earle his manours of TatemhaU and Dry- icot, in perchandry, by these services, that the said Sir Philip, or his actumy for him, shall come to the castle of Tutbury, upon Saint Peters day in August, which is caUed Lambasse, and shaU show the steward or receaver that he is come thi ther to hunt and to catch his lordsgeese at the cost- age ofhis lord, wherupon the steward or receaver shaU cause a horse and sadle to be delyvered to the said Sir PhUip, at the pryce of fyftieth shil lings, or fyftieth shUUngs in money and ane hun- dereth, and sbajl^pay to the said Sir Philip every day from the saidrday of SainI? Peter to Holyrood THE SOMERVELLS. 103 day, f^ .himseff two" shiUings and sexpennies a da.y,nana every day for his service andhis,bercel- let' dureing the said tyme twelve pence, and all the wood-masters of the forrest of Needwood and DuffeUd, with aU the parkers and forresters that shaU belong to the lords lander, commanding them to convey it to the earles of Larden and Akding, at Tutbury, and with the remanent the said Sir/Phiiip-shaU doie his pleasure; and upon Holyrood day the said Sir Philip shall returne to the castle of Tutbury upon the said horse, with his bercellet to the steward or receaver, and shall kisse the porter and depart. This Sir PhUip Somervill gave the church of Betton, in the jcounty of Northuimberland, with certdnerlkvSis ih that parish, to BalioU CoUedge of Oxfoord, for the perpetuall mentinance of sex schoUars, there to be elected out of the tonnes neighbom-ing therto, but farther nor what is here expressed. I have not seen any thing memorable of him but his death, which happened on the twentieth and third day of January, and the twentieth and nynth year of Edward the Thhd's reigne, he be ing then seased of the manour of Burcon An- nih^iu CumherJanS:; Eber StoeKoone, in Cum berland, neer Wh^c^nour j BrideshaU, TanstaU, 104 MEMORIE OF Alrewas, and Newbold, in the county of Staffoord shyre, as also ofthe manour of TatunhaU, in the same county, in right of Margaret his wffe ; like wayes ofthe manours of TurneswaU, Plesselyes, Shoton, Benton Magna, and the moety of the toune Staingtoune, in the county of Northumber land, and of the moety ofthe manour of Drety, in the county of Livi,' haveing Jean, the wffe of Sir KUesse of Greith, knight, one of his daugh ters, and Maude the wife of John Staffoord, by EUzabeth his wife the other daughter, then' marry ed to Edmond, the sone of John Vernone his next heir. Soe for the author of the English Barronage, to whom both the ancient and noble famihes of England and some few in Scotland hes been more obleidged then to all the historians that wryte formerly ; for these takeing in hand the af fairs of church and state, in generaU conceaved themselves noe further interessed than to minde and leave to posterity the more pubUct transac tiones of these tymes, and the principaU persones that wer actors therin, without takeing notice of other men and ther families of as good quaUtie and opulent fortunes as these in place by the fa- ' Sic in orig. ? i. e. afterwards. THE SOMERVILLS. 105 vour of the court, wherin they wer often imploy ed, nether to the honour of themselves nor adv.ui- tage of ther posteritie, as is obser\'eabIe from the histories of these tymes ; as for this author of th\! English Barronage, he undertook a worke of greater difficultie and more laborious, which wai impossible for him to make any progresse in with out the search of every privat nobleman or gen tleman's evidences as weill as the ancient scroUes and records of antiquitie, wherby his indefatiaa- ble paines and industry, he hes brought to light the memories of all the noble families of England, ther originaU ryse, progresse, greatness, continu ance, and dissolutione of such of them as are not now in being, and that with the greatest faithfull nes and ingenuity imaginable, for which he de- sei-ves the perpetuaU thankes of all the ancient families in England and some in Scotland, wher of wee ought to contribute our share as much as any from the foirgoeing memories, which now w ea have continued frora the knowledge wee have had from that worthie author, from our sirnames first aryveaU in Brittane, 1066, to the year 1356, being the space of two hundereth and nynetieth years, had now its end in this nobleman, as to the male lyne, but was transmitted by the mar riage of his daughter to two noble families, that 6 106 MEMORIE OP ofthe Staffords and Vemon, both of them raised to ther greatness by the additione.. of Sir Philip de Somervill's estate. The ihst ©f these' famUies, to witt, the Stafford^, became Dukes of Buckin- game, and'suffered much in ther honour, persones, and fortunes, in the bloody controversies betwext the houses of York and Longcaster, as did Sir Richard Vernon, grandchilde to Sir PhiUp de Somervill by his youngest daughter. The which Sh Richard was execute by Hendry the Fourth, for adhereing tO' Richard the Second,, King, of - England, sone to Edward the Black Prince, un justly putt from his throne by the foimamed Hendry, designed of BaUingbrook, the sone of John Duke of Longcaster, the fourth sone of King Edward the Third, as raay be read in the English chronicles. Tlie house of Whichenour being now extinct, and with it the sirname of the SomerviUs, out of England, for any thing wee know or hes upon re cord, unless the familie of Rodger de Somerey be yet in being, which was the only cadite I find of the house of AVliichenour in England, and therfore, before I finish tins discourse,^! shall- only make two observations ; the firat b^ing,^Mt jiure- ing two hundereth, and nynetie .y^rs, the house of Wliichenour continued, both laefore an eftir THE SOMERVILLS. 107 they wer transmitted to Scotiand, and readmitted back again to England, by the good fortune of Robert, Lord of Whichenour, I find not upon record so much as one branch or cadite of that famiUe in England, save one aUready made men tione o^ and yet the house of Lintoune and Cow thally in a far shorter tyme produced severaU, as may be seen in the foirgoeing progresse of these houses ; my observe is, that it pleased the Almigh ty God by his good providence, much about the same tyme or some few years before that the house of Whichenour perished in England for want of an heir male, to raise the house of Lin toune and CowthaUy, in Scotland, of the same noble stock, both to great honours and a great estate, by the valour and industry of Sir John So mervUl, the fourth barrone of Lintoune, who dyed but nyne years before this Sir PhiUp de So mervill, Lord ofWhichenour, whose memorie and famiUe being now extinct, wee are obleidged to confyne our discom'se to the house of Lintoune and CowthaUy, and such as are descended from ihem at present in the kingdome of Scotland. 108 MEMORIE OF Of Sir Walter, the fourth of that Name, tiiefjfth Barrone of Lintoune, the second of Carnwath, and the tenth from Sir Gaulter de SomerviU, Lord of Whichenour, in England.^ The warrs stiU continuing from the year 1346 to the year 1358, dureing all the tyme of King David's captivitie, wherin ther is frequent men tione made by our historians of aU or the most ' Douglas places this Sir Waiter Somerville as successor to Thomas, about the year 1300. This, however, will not accord with tjie remarkable events which preceded his marriage with Giles Heryng of Gilmertoune. There may indeed have been two Sir Walters, and the circumstance may have led to the author's mistake concerning Walter of Newbigging, whom, in the case supposed, he may have confused with the first Sir Walter Somerville, and so placed the succession of the latter at too early a period. But there seeras to be further proof of a misnomer as to the Sir Walter of the text ; for certainly the estate was about this time possessed by Sir Thomas Somerville, a person, it would seera, of no sraall importance, as is proved by the following circurastances : First. Among the heirs of the principal nobles of Scotland, who, in 1354, were delivered into England as hostages for pay ment of the ransom of David II. we have Le Filz et Hoir [de] Monsieur Thomas Somervile. — Rymer's Fcedera, v. p. 792. Second. In letters of safe conduct from the King of England to the Bishop of St Andrews, William of Douglas, and other THE SOMERVILLS. 109 part of the principal! noblemen and barrones that stood fbr the countries interest, and defended ther Uberties with ther lyves and fortunes, recovering the same at lenth out of the English hands in de- Scottishmen of rank, dated 1362, we find the name of Thomas Somervyl de Scotia. — Ibidem, p. 395. Third. In 1363, we find a similar safe Conduct, which shall be given at length. Pro Quibusdam de Scotia ob devotionera in Angliam Venturis. Rex, &c. Salutem. Ann. D. 1363. An. 37. E. 3. Sciatis quod, Scot. 37. E. 3. m. 7. Cum Thomas Somervill de Scotia Chivaler, ob Devotionem, quam ad gloriosum Martirem Sanctum Thomam, dudum Ar- chiepiscopum Cantuariensem, habet, Limina ejusdem Sancti Martiris peregrfe visitare intendat, et ea de causa in Regnum nostrum Angliae de Licentia nostra sit venturus. , Suscepimus, &c. ut in similis de Conductu Uteris. DumtamenEquos alios, quam quos secum in Anglia duxerunt, extra idem regnum non educant quovis modo. tn cujus, &c. usque ad Festum Sancti Michaelis, proximo futurum, duraturas. Teste Rege apud Westmonasterium, vicesimo sexto die Aprilis. Per Concilium. Consimiles Literas Regis de Protectione habent subscript!, ' per idem tempus duraturas, sub eadem data ; videlicet, Johann e de Ros de Scotia, cum Duabis Personis Equitibus. Hugo de Egelyngton de Scotia Chivaler, cum Tribus Personis Equitibus. Duncanus Waleys de Scotia Miles, cum Dicobus Valettis et Tribus Eguis, usque ad Festum Nativitatis Sancti Johannis Baptistce, proximb futurum, duraturas. Patricius de Hibburn de Scotia, cuin Sex Sociis Equitibus, usque ad Festum Paschce, proximo futurum, duraturas. IIO MEMORIE OF spyte of aU the interest that Edward BaUion could make in his two attempts for the croune, with the assistance of his friends and followers and the help of England, wherm King Edward the Third now and then served him in his oune persone, but for his oune ends, as his grandfather did, John BaUion, the father of this Edward, to make the kingdome of Scotland his oune by conqueis. These contendings and cydeings* within the kingdome stiU continueing, and the invasiones of England, ther is noe mentione made of Sir Wal ter SomervUl, barrone of Lintoune and Carnwath, by any author that yet I have seen, which makes me believe he hes had noe incUnatione to be ane actor in the warrs, but hes been content to Alexander Episcopus Aberdenensis in Scotia, cum Duodecim Personis Equitibus, usque ad Festum Natalis Domini, proximb futurum, duraturas. WiUielmtis de Rothum de Scotia, cum Sex Equitibus, ¦usque ad Festum Paschce, proximb Juturum, duraturas. Fourth. There is yet another safe conduct in 1666, for Tho'- mas de Somervyle Miles cum quatuor socijs equitibus.-7-/i^zcf. p. 498. These repeated visits to England were probably of a polnical as well as devotional tendency, ough the ostensible motive was a pilgrimage to St Thomas of Canterbury. "" Walter, who married Egidia Heryng, was probably the son and heir of this Thomas. ' Sidingsfii,^..(actior\s. THE SOMERVILLS. Ill live at home in peace, -as -the troublesomenes of that tyme would aUow him, raakeing it his main busines to mannadge to the best advantage that considerable estate his father left him both in the south and in the west, haveing the barronie of Lintoune in the one and that of Carnwath in the other, wherin truely both his industry and good fortune faUled liim not in the great additione he made therto, somewhat by purchases, but mostly by his marriages, dureing the reigne of King David and King Robert the Second, the first of the race of the Stewarts, all which appears fi:om the writts and evidences yet extant particularly relateing to this gentleman, wherby it is wee give the narratione of his memorie, seing ther is no thing in the public records of him to direct us. The king being retumed from his captivitie, 1358, for fyve years made it his busines to setle 1358- and compose such disorders as wer amongst his subjects, fyneing some, forfaulting others, re warding his freinds and followers according as they had deserved or caryed dureing his absence. In the year 1363, he keeped a parliament, where he proponed to the estates that they would give way to uniteing the two kingdomes of Scotland and England, seing himself had noe chUdren, that Edward King of England, or his ] 12 MEMORIE OF sone, might be his successor ; this motione was soe iU taken by aU the nobUitie and barrones, that with one voyce they distasted the proposaU, protesting that soe long as they were able to bear armes they would never give ther consent ther unto,' whereupon the king for the present seem- ed to be dissatisfied with his parhament, and m- tertaine for some few years a grudge against the most eminent of them, but afterwards was weill enough satisfied by that confirmatione of ther loyaltie to him and his successor ; it was from these fyve preceeding years and that foUowed to the end of his reigne, (being peaceable) that gave opportunitie to the nobiUtie and gentrie to look eftir ther privat affaires, which had been quyte out of order and aU forme for fourscore years preceeding ; the best titles wherby any man pos sessed his estate was by the lenth of Ins arme, and the sharpeness of his sword ; but now the strenth of the one being abated, and the edge of the other blunted, by the laws haveing the fuU ' There never was a raore unanimous response to a sove reign from his great council : — " Cui breviter, et sine ulteriore deliberatione aut retractione, responsum fuit per universaliter singulos et singulariter universos de tribus statibus, Nunquam se velle consentire AngUcum sutler se regnare." — Fordun, Lib. xvi. cap. 25. THE SOMERVILLS. 1 1 g force, constrained both the nobilitie and gentrie to secure the right they had to ther estates and possessiones by charters or instruments from ther immediate superior, fearing, as they had good rea sone, they or ther successors might be brought in questiOne for what at present they were in pos sessione of, seing, for the most part, it had been other men's inheretances and lands, who had been forefaulted for adhereing to the Balliol factione, wherunto they or ther fathers had gotten from the present king, or his predecessors, a donatione without any other title than a naked grant for service done to them and the croune of Scotland. Wherby it comes to passe that at this day (if men would be ingenuous and acknowledge the truth) that most, if not aU, the ancient charters of con firmatione, instruments, evidences or writs, the eldest of our nobiUtie and gentrie have, beare dait from this king's reigne, either after he re turned out of France, 1 342, or after his releisment from captivitie out of England, 1 358 ; and if ther be any others that pretend to have charters of ancienter daites, they will allow me to be Thomas in the caice, not to believe them tiU they be brought to Ught. It's true ther is sorae ancient evidences granted by abbots and priors to these that held land or fewes ofthe church, wherof ther H 114 MEMORIE OP are some yet remaining of a raore ancient dait; but these daits are but conjecturaU at the best, seing they have not for the greatest part of them the year of God insert, to know their antiquitie by, but only it may be guessed at by the desig natione ofthe popes, abbots, and priors, that Uved in the tyme ofthe granting and the witnesses in sert in the bodie of the writt, wherof I have seen some bearing dait about the twentieth year of David the First his reigne, and the tenth of Mil- Columbus Quartus his reigne, and severaU others in the reigne of WilUam, sirnamed the Lyon, and soe douneward to the later end of the reigne of Alexander the Third; these being indeed the most ancient evidences that are to be found in Scotland, remaining in the hands of the bar rones and gentlemen that wer feudaries to the church, wherof a very mean man, of the sirname of SomervUl, has ane ancient feu in the toune of Kelso, holding of that abbacie, which shaU be spoken to in its place.' ' In this digression, the author ofthe Memoirs speaks like a sensible and sound antiquary. It may be presumed that the destruction of writings, as well as the rapid transference of pro perty during the wars of Bruce and Baliol, had annihilated the evidence of the land-rights of most great families. Smaller pos sessions were as yet held chiefly by occupancy. THE SOMERVILLS. 115 For this gentieman of whom we now wrjrte, he i365. has ane instrument containeing two charters ^^®^* granted to lum by King David Bruce ; the one in anno 1 365, and the other in anno 1 369, in both which his majestie cohfirraes and ratifies all forra er rights and charters granted by himself or his father, of blessed meraorie, to and in favours of Sir Walter de Soraervill, sone and heir to his fa ther Sir John, of the barronie of Lintoune and Carnwath, to hold ward of hira and his successors : ther are witnesses in both the charters, Robert Stewart, eftirward king, WUUam Earle of Doug- lasse, Adam Bishop of Breichen, ChanceUour of Scotland, with several others whose names and de signationes are not soe distinct that wee can give perfyte knowledge of thera, because the instru ment hes been spoyled with rain. Both the char ters are in one parchment, the first included ini the later; a custome, as it would seera, then in use, as raay appear from other charters of the same tyme ofthe barronie of Cambusnethan, wherof ane account shaU be given when that estate falles unto the house of Lintoune and Carnwath, which it did the age ensueing. King David dying in anno 1370, the nobles 1370. and barrones conveine at Lythgow, for the elec tione of a king, as if the right of Robert Stewart Il5 MEMORIE OF had been questionable, being nephew to the late king, and grandchilde to King Robert the Bruce, by his eldest daughter Marjorie, marryed to Wal ter the Great Steward of Scotiand, father to this Robert, to whom the right of the croune now belonged. But this demurre was occasioned by WiUiam Earle of Douglasse, that clamed the croune, by right of the BaUiol blood, from David Earle of Huntingtoune, from whom Robert the First had likewayes deryved his right to the croune of Scotland, against John BalioU, that con tended with him then, as now the Earle of Doug lasse did with his grandchilde Robert the Second, the first king of the name of Stewart. This mist was soon cleared up notwithstanding of the force the earle thought to have backed his pretentiones with, and that partly by his oune confessione eftir he had advysed with his friends, but mostly be cause he found the generalitie of the barrones against him in his pretentione, in the prosecu- tione wherof at first he had engadged his kindred, freinds, and vassaUs, and conveened them in or der to his clame. Amongst others ofhis neigh bours he invited Sir Walter, barrone of Carnwath, as his allya, being grandchilde to James Doug lasse of Loudoune-hill, by his daughter EUzabeth Douglasse, heiresse of the toune and lands of THE SOMERVILLS. 1 ] ^ Carnwath. This proposaU Sir Walter flatly refu sed, remembering his father^ grandfather, and uncle, had constantly adhered to the Brucean partie, and wer, by the favour of the two preceed ing kings of that race, both honoured and reward ed ; ' what effects this denyall had, good or bad, is unknowne, or that the Earles of Douglasse ever receaved the same I find not upon record ; but it's certane the house of CowthaUy nether before nor eftirwards held any land of that fami lie, nor had any maner of dependencie upon them for aU their greatnes ; it's true indeed, at the same tyme and many years eftirward, the Earles of Douglasse had barrones of as good quaUtie and as opulent fortunes foUowers on them, as the bar rones of Lintoune and Carnwath, as you may read in the preface of the author of the Douglasses in generall, where he enumerats many noble fami Ues that wer ther foUowers, but that the house of CowthaUy did soe (notwithstanding of their neer neighbourhead to that familie) noe man will averre. The famiUe of Cambusnethan haveing matched ' Other families connected with the Douglasses by relation ship or dependence, also declined to back their pretensions to the crown. The pretensions of the Baliol family, which had so nearly proved fatal to the independence of Scotland, were ar) unpopular foundation for this ambitious claim. 118 MEMORIE OF with them long efter, in anno 1480, became stout asserters of the house of Atigus ther quarreUs, and was lyke to have suffered for the same, both in ther persones and estates, as shall be made knoune when we come to Avryte of these tymes. 1371. Much about the beginning of this king's reigne, ther happened a sad accident in the famiUe of Sir John Herring, laird of Edmondstoune in CUdesdale, and of GiUmertoune in Mid Lothian, This gentleman haveing two beautifuU daughters, the eldest named Margaret, and the youngest GeiUes, both in expectatione to be sharers in a great part of ther father's estate, because he had no male children of his oune bodie, but a bro ther's sone named Patrick, whom he designed to have marryed upon his eldest daughter, and giveli him the greatest part ofhis lands eftir his death; but the miscarriage of his eldest daughter, which had a tragicall end, frustrated aU his hope and expectatione that way. For this young lady, as she was beautifuU, inclyneing to melancholUe, appear- ed to be very devote, in observeing strictly all rites and ceremonies of reUgione then in use, wherby it came to passe, frequenting much the abbacie of Newbotle, she became acquainted with a young monk of the Sistertian order, or the refyned Benedicts, belonging to that abbacie, who THE SOMERVILLS. 1 19 haveing insinuated himself much ih her favour under ane specious pretext of holynes, did often converse with this lady in her most private reteire- ments both in the abbacie, and at her father's house in GiUmertoune, without the least suspi- tione that he intended any villainie; but this ras cal, by his divellish rhetorick and aUurements, soe far preyaiUed upon the sirapUcitie of this gentle woman, that at lenth he deboshed her ; and, be cause he thought nether the abbacie nor her fa ther's house to be safe fOr their intrigues of love, they agreed their meeting should be at a Utle ferme belonging to John Herring, called the Grange, a quarter of a myle or therby from GiUmertoune, neer by the road that leads to Newbotle. The mis tress of this country house being a young and a lascivious widow, sorae tyrae before had been en snared and played thie wanton with his coraerad ; this house was therfore thought the most conve nient for thera to meet at, which they often did, to the great scandall of the monkes professione, and dishonour of the women, especiaUy of the youiig ladie, which occasioned all ther mines in the end. For notwithstanding of the secresie of this affair and circumspectione for appoynting fitt hours for their deeds of darkenes, yet ther was some suspitione from the too tnuch familiaritie be- 120 MEMORIE OF twext Sir John's daughter and this woman soe far below her qualitie ; ther often being togither, and the frequenting of her house, gave occasione of scandaU to aU, which comeing to Sir John's ears, being a forward and furious man, he threat ened his daughter with noe lesse than death, if ever it came to his knowledge that she went to the Grange, or frequented that woman's compa nie eftirwards. This she promised to her father to observe, but with noe intentione to keep the same ; for noe sooner was the darkenes of the ensueing night come, but at her accustomed hours she goes out at the back entry that leads to the Grange, where the two brothers in iniquitie had aryved some tyme before, to whom eftir ther daUiance she imparts her father's suspitione and terrible threatnings against her, which these gaUants Utle regarded, protesting that they would make her father doe pennance for that very suspitione, litle dreameing that they themselves was soe neer de- structione, for that very night all of them was brought to their end by a crueU revenge ; for Sir John, missing his daughter out of her chamber, concluded where she was, and went presently to the place with two of his domesticks, where find ing the doors of the house shut, and noe answear made to his demands, nor the doors opened not- THE SOMERVILLS. 121 withstanding of his threatnings, in a rage he sets fyre to the thatch with a' his servant caryed, which immediatly (the wind being somewhat high) set the wholl onsteed in a fyre, and burned it doune to the ground.* Ther perished in the flame and ruines above eight or nine persones, for which crueU act, as it was highly aggravated in aU the horrible circumstances by the church men then in being, this poor gentleman was for ced to flee the country for a tyme, his estate be ing forefaulted by the king. Dureing his retire ment, he corresponds with none soe much as with Sir Walter, barrone of Carnwath, of whom he held the lands of Carsewall as a part of that barronie. The neer neighbourhead of Edmondstoune in CUdesdale and Carnwath, with some relatione of kindred betwext these two families, had, before this unhappie accident fell out, made them very intimate, soe that they communicated most of ther affaires one to another, and advysed togither how to prosecute the same. Sir John being now a banished man, and his 1372. ' The blank in the MS. may be supplied by " torch," or other wise at the reader's pleasure. ' Gilmerton-Grange, where this tragedy was acted, is near the village of Gilmprton, about four miles from Edinburgh. It is still called by the old people Burntdole, from that singular and melancholy event, which is well remembered in the vicinage. 122 MEMORIE OF estate forefaulted, craves both the counseU and help of his friends and superiors, how to behave in this busines, and wbat was the readyest way to reconcile himself, first to the church and then to the king, against whom and the lawes he had grievously offended ; for the friends or relationes of these persones that perished in the fyre being but of mean quaUtie, he was not very apprehen sive of much opposition from them in order to his reconciliatione, seing a litle money might take them off. This advertisement being given by ane expresse to Walter of Carnwath, he speedily re turnes the bearer, with fuU assurance to Sir John Herring, that he would undertake his busines, and act therin as if it wer his oune concerne, by im ploying all his interest and freindship, both in the church and court to doe him service, wherin he was as good as his word ; for comeing first to the abbacie of Newbotle, he deaUes effectuaUy with the abbot and others of the principaUs of that abbacie ; representing to him and them how scan dalous the lyves of these two monks had been a long tyme before ther acquaintance with that mi serable lady, and yet then forraer viUanies and that also was keeped up from the abbot's knowledge, to the great reproach of ther holy professione and prejudice of that abbacie, which men abhorred THE SOMERVILLS. 123 now as the sink of aU abominatione ; women shun ning the sight of the monkes and friers therto be longing, as they would doe that of a baziUsk, which ther oune experience by Sight and reports fi-Ora other persones, might better confirme to them then all the informatione he was able to give. And, to perswad them the more easUie, he insinuats farther, that the nobiUtie and gentrie took great indignatione for the affront put upon Sir John Herring's famUie, by his eldest daughter and appearing heir being abused by men of ther professione, under a pretext of devotione, to her utter undoeing, wherin they conceaved aU of them wer concerned, not knowing how soon it might be their oune caice ; therefore they spoke big, threatening to petitione the king, that all the monkes and friers might be for ever confyned to the abbacies and cloysters, as they wer by the or der and first institution obleiged to. These, with sorae other reasones, used by Sir Walter of Carn- wathj with the reraerabrance of the monkes ther monstruous fact, prevaUled with the abbot and fratemitie to hearken to ane accomodatione, pro- vydeing he would move the Bishop of Saint An drews to procure the churches absolutione, seing Sir John Herring was excommunicat. Being satis fied with this answear from the abbot for the tyme. 124 MEMORIE OF his next business was with the king, to whom he goes, and is presented by Patrick, Bishop of Breichen, Chancellor of Scotiand, for the tyme, 1 372, to whom he had spoken first, and made him Sir John's friend. The chanceUor informes the king, being then at his castle at Dundonald, what great remorse Sh John Herring had for imbrue- ing his hands in the blood of sacred persones, and transgresseing soe hyneously against his ma jestie and the knoune lawes of the kingdome ; for expiatione of which crime, he was most will ing and ready to undergoe any pennance the church will impose upon him, and submit to what punishment his majestie should inflict, per- sonaU or penall, his life and the memorie of his poor familie being preserved. The king was very glad to hear this from a churchman, because his majestie was apprehen sive that himself and these of his professione would be the gentleman's greatest enemies, as most concerned in the murder, being churchmen ; but now finding the bishop a solicitor instead of ane accuser, he makes the busines of pardoneing and restoreing of Sir John to his inheretance somewhat strange at first, of purpose to engadge the chancellor to solicit more earnestly in his be half, for the king had some kyndenes for the gen- THE SOMERVILLS. 125 tleman hiraself upon his oune account, but most ly for his father's, John Herring, who had behaved himself soe worthily in the reigne of King David Bruce, being among the first of these barrones that declared for the interest of that king to the croune,' soe that his present majestie was but waitting for a fitt opportunitie to restore Sir John Herring both to life, honour, and iestate, (for he was legally dead,) without offending the church. Therefore his majestie now embraces this occa sione, and recommends to the chancellor that he should see to the satisfactione Sir John Herring was to make to the abbacie of Newbotle, and upon his reconcUiation and absolutione, to draw his pardone ; soe affrayed and scrupolous was kings then to give the least offence to the church and churchmen. Carnwath, haveing what he came fi)r, kisses his majesties hands in'aU humiUtie, and gives thankes in his freind's narae, to whora, being. ' This John Heryng appears, from Wintoun's Chronicle, to have been a constant adherett and companion of the gallant Sir Alexander Ramsay of Dalwolsey, at a time when, although driven to lurk in the caverns at Gorton and Hawthornden, he used to harass the English even as far as the borders of N'orth- umberland, by unceasing inroads. In particular, Heryng was present and behaved manfully at a sharp battle near Norham, in which Ramsay defeated the English, A.D. 1355 — See Wiktoun's Chronicle, book viii. chapters 29. 38. 5 126 MEMORIE OP returned from court, he gives ane account of all that passed, adviseing him speedily to returne to the country, and setle himself quyetUe at his house of Cowthally, some part ofthe ruines wherof he had lately fepahed, untill both the penaltie and pennance the church wiU impose upon him wer knowne, and his pardone sealled by the king. This Sir John readily condescends to, passing to the country in disguise, untUl he arryved at Cow thaUy house, where he was welcomed, but with much privacy, by his neighbour and freind, Sir Walter of Carnwath, who now more fully made him understand his own afiaires and what farther was to be done in order to his freedome and in., largement. It was dureing Sh John Herring's be-; ing at Cowthally Castle, that Sh Walter Somer vill, being a widow at the tyme, was much taken with the amiable countenance and courtly dei portment of GeiUes Herring, Sh John's only childe, with whom he falles in love, resolveing to seek her in marriage. He comts her with all sub- missione and respect due to her qualitie, that at lenth by his opportunitie, haveing ane opulent fortune, and not much above fourtieth and eight years of age, he gaines her affectione and consent to marrie him, provydeing her father wer wiUing. This was no difficult thing for him to procure, con- THE SOMERVILLS. 127 sidering the obligationes Sir John Herring lay imder to his friend and superior, and in regard of the use he yet had for his interest to the making up of his peace, which was but in agitatione both with the church and court. That consideratione and remembrance of former obligationes made Sir John give his consent, notwithstanding some ineqiialitie of years, Sir Walter being past four tieth and eight, and his estate alheady heired, and his oune daughter scarce eightienth, ' of ad mirable beautie, that might have procured her a great match of equaU quality and years to her self, notwithstanding of her father's conditione and her sister's miscarriage, which might be sup posed to be the only hinderance and lett to her good fortune ; but this was non to him that by some tymes converce knew her personall worth and the state of her father's affaires. Therefore this bargane was soon agreed betwext him and Sir John, wherby the half of the lands of GUlmer- toune, in Mid Louthian, was given to him and the heirs of that marriage, or any other marriage past or to come, irredeemably for ever. This may be thought a very odd clause or conditione for Sir ' This mode of forming a numerical adjective is a peculiari ty of our author's style. 128 MEMORIE Of John to consent to, and such as would be hissed at in this generatione ; but who considers this equaUie needs not think it soe strange, for in effect, it hes been a sort of venditione, as ap pears from the subsequent conditiones which wer obligatory upon Sir Walter's part, wherin he was obleiged, first to procure his majesties remissione to Sh John, and his restitutione to the rest of his estate, for the payment only of two hundreth markes Scots ; and further, upon Sir John's dis^ poneing the lands of Grange to the abbacie of Newbotle, and dreeing' such bodily pennance as the chm'ch should impose, he was to procure his absolutione and re-entry unto the chmxh, com* munion, &c. It would appear Sir Walter SomerviU hes been very confident of the king's favour, and chui'ches goodnes, that he tyed himself to these conditiones; but what he had understood from the king and chanceUor, made him the more confident and as sured in the performance, soe that eftir the date ofhis contract of marriage, which is subscryved with severall hands, but non legible, save the not tar' s, the defect of the subscriptiones is supplied by ther seaUes in red wax appended to the parch ment, wherupon this contract and dispositione is ' To dree was to undergo. ME SOMERVILLS, 129 written. It bears date at Covrthally, the tenth day of June, 1372. Sir Walter SomervUl haveing setled the termes of his marriage and consumraated the sarae, goes to the court being then at Stirling, with his young lady, where, efth he had advysed with the chan cellor and sorae other of Sir John Herring's weill wishers, he makes his addresse to the king, who .of himself was wilUng to remitt Sir John Herring's offences, and grant him present pardone ; but the default lay in the church ther satisfactione, which by the chanceUors interest in himself was at lenth agreed upon in ther termes : That Sir John Her ring should make over for him and his the marke land of Grange, (where the murder was commitr ted,) to and in favours of the abbacie of New botle, clameing noe right therin neither in pro pertie, superioritie, nor vassaUage, in all tyrap coraeinge ; and farther, that the said Sir John should, bare headed and bare legged, in a sack- cloath, crave absolutione at the bishop and abbot's hands, and stand in the same maner at the prin cipaU door of Saint Katharins chappell every sabbath and holyday for ane year, and paying fourtie pennies at every tyme to the poor of the parish, and ane hundreth markes Scots to the munkes of Newbotle, to pray for the soules of 1 130 MEMORIE OF those that dyed through his transgressione. Ther conditiones wer accepted and performed by Sir John, wherupon he had his pardone firom the king, was restored to his estate, and had absolu tione from the church. It was from this marriage, and the causes be fore rehearsed, that the house of CowthaUy and Lintoune had ther first interest in Mid Louthian, by getting the half of GiUmertoune from Sir John Herring, the lands of Drum and Gutters, and the other litle viUages about it, being but parts and pendicles therof. Sir John Herring lived not long eftir his daughters marriage and his oune restau- ratione. Before his death, he disponed his lands of Edmondstoune and those of Carsewall, that he held of the house of CowthaUy, with the other half of his lands in GiUmertoune, to his nephew, Patrick Herring, whose great-grand chUde, Sir Gilbert Herring, by frequenting the court, and being a great spendthrift, made ane end of aU, by selling the lands of GiUmertoune to one WiUiam Ramsay, a brother of the house of CaulUchope, and his lands of CarsewaU to John Lord Somer viU ; for his lands of Edmondstoune, I find not to whom he disponed them. In October the same year, 1372, John, eldest sone and appearing heir to Walter, barrone of THE SOMERVILLS. 131 Carnwath, being at court with his father, ther was non more taken notice of then this young gentleman ; being of a comely personage, affable and courteous, he gained the affectione of all he conversed with ; but that Which contributed raost to the young gentleraan's advantage, was his ac quaintance with Sir John Edmondstoune, donator to the forfaulture of Sir Robert Baird, whose gift of forfaulture this gentleman. Sir John Edmond stoune, had obtained frora King David Bruce, in anno 1 345, and by vertue thereof possessed at this tyrae the barronie of Cambusnethan. It was with this old gentieman. Sir John Edmondstoune, that young Lintoune bare company both at the court and in the country, because of the pleasant- nes ofhis humour, and in regard he was in much favor with the king, as he had been with his prede cessor King David. But that which engadged this young gentleman intirely, was the great af fectione he bare to the beautifull daughter of Sh John Edmondstoune, who, being her father's only childe, was appearing hehes of a faire estate, and that lying within the same shyre where the great est part of his father's estate lay, which held all ward of the king, whereas the barronie of Cum- busnethan held blensche ofthe croune for a pair 132 MEMORIE OF of gilded spurfes, which is the reddendo of the charter bf that barronie- This lady, what for her beauty and great estate, had many suitors of as good qualitie and fortune as this gentieman ; but he played his game soe weill, by .engadgeing the ladyes affectione (who was then in the twentieth and fourth year of her age, which was much about tbat of his oune) and being obsequious to old Sir John in all he was pleased to command him, that at lenth he obtain ed his consent to let him have his dayghter, and with her the barronie of Cambusnethan. This bussines was brought to a tryst ' at Lanerk the same moneth, and in November thereftir the marriage was solemnized, to the great satisfaction of the parties themselves and all ther honorable relationes. 13-5. For Sir Walter de SomerviU, rftir his oune mar riage and that of his sones, (who remained at Cambusnethan with his father-in-law) for the most part Uved at home with his young lady at Cow thaUy, which eftir this man became the sole re sidence ofthe Lord SomervUl. He was the first of the barrones of Lintoune and Carnwath that A formal or {^pointed meeting. THE SOMERVILLS. 133 repaired any part of the ruines therof, and enclo sed the same within a barrakine waU' of stone some four yards high ; at the east corner wherof, without the gate, he built a square tower three storie high, vaulted out at the top, with an aisler battlement about the same. The ruines of this tower is yet to be seen, two story wherof was standing within these few years. What children Sir Walter's young lady bare to him I know not, for I find them not distinguished from the rest ; but it's probable, nay certaine, if ther had been any they would have succeeded at least to the lands of GUlmertoune that came by ther mother, but, on the contrary, I find Thomas Lord Somer vill served heir to the deceast Thomas Somervill of GiUmertoune ; and it's certane this Thomas was a sone of his first marriage, named eftir his grandfather, the young laird" of Craigmilier, kiU ed at the takeing of the toune of Berwick. • The barmkin, or barbican, was the outer inclosure or fortj- fied court-yard" of an ancient castle. By an act of tlw Scottish parliament, I2th June, 1536, " For bigging of Strengthis on the Borderis," every landed man possessed of a hundred pund land of new extent, is directed to build thereon a barmkin of lime and stone, threescore feet square, one ell thick, and six ells high, for defence of himself, his tenants and goods, in trou blesome times, with a tower within the same for himself, ifhe thinks it expedient. 134 MEMORIE -OF 1378. The last evidence of any moment that I have relating to this gentleman, is a charter of con- firmatione granted to Patrick Herring, nephew and heh to Sh John Herring, laird of Edmond stoune, which is dated at Carnwath, the first day of Apryle, 1380, in which year Sir Walter SomerviU, barrone of Lintoune and Carnwath, dyed, haveing then alyve fyve children, two sones and three daughters. His eldest sone John suc ceeded to the barronies of Lintoune and Carn wath by his father, and to that of Cambusnethan by his father-in-law. To his second sone Thomas he leaves the lands of GUlmertoune, who have ing marryed Katharine Stratone, the laird g£ Stratone's (the predecessor of the now laird of Lowristoune in the north, of the same famiUe and sirname) second daughter, with her he had noe children, soe that the lands of GUlmertoune, efth this gentleraan's decease, feU in to his nephew Thomas Lord SomerviU ; for his eldest daughter Janet,' long before his death, was marryed upon NeUl or either Duncan CampbeU, the first Earle of Argyle, made by Robert the Second, the first * Douglas and Crawford, I observe, name this lady Elizabeth, and wed her with Archibald, son and heir of Sir Duncan Camp bell of Lochern. This Archibald, according to these genealo gists, died before his father, leaving issue. Sir Colin Campbell, first Earl of Argyle, so created by James II. in 14-57. THE SOMERVILLS. 135 of the Stewarts ; the second, named EUzabeth, in the year 1374 was marryed to Sir William Moubray of Barnebougill ; the third to Sir Alex ander Penniecook of that ilk. For this gentle man' I find he dyed at Kelso, in his way to Lin toune, in the house of WiUiam SomervUl, a natu ral sone of his oune, for whom he had procured a feu from the abbots of that abbacie in favours of this young gentleman. He had lived from the year ofhis father's death, at which tyme he was in a marryed state, to that of his oune, threttieth and three years compleat. His corpes, by his two sones, John and Thomas, and his naturaU sone WUliam, with other relationes, was trans ported from Kelso to Lintoune, and buryed in the queh of that church. By discharges granted to Thoraas Lord SomervUl, I find his lady, GeiUes Herring, marryed to Sir WilUam Fairlie of Brade, whose sone of that marriage comraenced along plea against Thomas Lord SomerviU and Patrick Herring, for the lands of GUlmertoune, which at length was taken away by marriages betwext these famiUes. ' i. e. Sir Walter Somerville. 130 MEMORIE OF Of Sir John, the Sexth J^arrone of Lintoune^ ihe Third of Carnwath, the First of Cambusnethafii the Eleventh from Sir Gualter de Somervill Lord qf Whichenour, and the Fourth of that Name. 1380. Walter being dead in the year 1S80> and Sir John Edmondstoune some years before, John^ now barrone of Lintoune, is served heir to his father Walter in the barronie of Carnwath, at Lanerk, before Robert Stewart of Evandale, upon the 24th day of September, 1380 ; and upon the I38i. 10th day of Apryley 138]j he is served heir to his father inthe barronie of Lintoune^ before Ro bert Kerr of Cessfoord,' in the town of Jedburgh. Upon these services, and the charter of resigna- tione made by his father-in-law to him to the barronie of Cambusnethan, ther passes a confiri matione granted by King Robert the Second^ dated at Stirling the 14th day of July, 1381, wher in ther is insert as witnesses, John Lyon Lord Glames, ChanceUor of Scotland, WiUiam Landels, Bishop of Saint Andrewes, Walter Wardlaw, Bi- ' The same, I presume, whom genealogists rank as the fourth ofthe Cessford family, ancestors ofthe Dukes of Roxburgh. THE SOMERVILLS. 13/ shop of Glasgow, and Cardinall Robert, Earle of Fyff, George and John^ Earles of March, WiUiam, Earle of Douglas, Robert Fleyming of Curaber- nald. This charter has a seall of white append^ ed to it, with the ancient arraes of the Kings of Scotland curiously engraven upon the one syde, bearing a horse with his ryder richly raantled, with a shield upon the man's arme, haveing the lyon rampand with the flower de luce; upon the other syde it beares the repreSentatione of the king sitting upon his throne, holding out his two arraes, frora which descends a scheUd frora every hand, haveing the same armes as upon the other syde. Some of the letters are wanting and others not very legible, soe that I cannot be po sitive they are the same wee now have. This gentleman haveing procured from his majestie this confirmatione, reteires from court, and takes up his dweUing at Cambusnethan with hes young lady, where he continues dure ing the peace with England ; but the truce ex- pyreing which had been agreed upon betwext France and England, wherin Scotland was inclu ded for four years, the admirall of France, John De Vienne, Earle of Wallensheo, arryveing in Scotland, and bringing with him 2000 men, it was resolved at court to make a road into Eng- 138 MEMORIE OF land, which they did, spoyleing the country be twext Berwick and Newcastie, takeing in the casties of Warke and ComewaU. But these things I passe over with few words, being so copiousUe written aUready by our historians, particularly by the author of the Douglasses history. That faraiUe, from the reigneof King Robert the Bruce, and his coronatione in the year 1306, untiU the restauratione of King James the First frora his captivitie out of England, in anno 1424, had suc- cessefuUy been the leaders and principaU actors in aU the warres and bickerings betwext the two nationes, wherby they not only acquyred erainent tities, but also greater estates by farr then any other subjects in Scotland, and that not only to themselves, but likewayes to the cadits of ther fa milies, and the foUowers of ther fortune, soe that at lenth they became jealous to soveraignietie it self, which in the next centurie ended in that fearfuU catastrophe of the finall ruine of this flou rishing famiUe in the year 1483, as you raay read at lenth in the history of the Douglasses. But I returne from whence I have a Utle digressed, James Earle of Douglas and the AdrairaU of France haveing entered England with a very great armie, were opposed by a farr greater of the English, which made the Scots returne with- THE SOMERVILLS. 139 out doeing anything save the wasteing of North umberland and the adjacent counties neer 14 myles. In this expedition John barrone of Lin toune and Carnwath was one, who, in the reteire- ing with others, whose interest lay neer that place, advysed the Earles of Fyff and Douglas to beseidge the castle of Roxburgh, then in the EngUsh hands, whose garrisone, by ther perpetual excursiones, harassed the whoU country. This the Earle of Douglas perswaded them to doe, but to Utle purpose, because of the disorders of the armie, particularly the unreasonable demands of the French for craveing the castle to be thers when it should be winn, thus verefieing the old proverbe, to contend for the beares skin when it was yet on his back. Within eight dayes the seidge is deserted with Utle prejudice to the castle, but much to the country, by the plundering of the French, which soe insensed both the Scots armie and the wholl people, that the French was lyke to pay dear for it, if the Earle of Douglas and some other grandees had not interposed for ther safetie, by procureing ther speedie returne to ther oune kingdome. This being the first apprentisship of John barrone of Lintoune and Carnwath, where in albeit ther was litle occasione given for ac tione, yet it testified his wiUingnes to serve his 1386. 1387. 140 MEMORIE OF' prince and country. This invasione of England happened to be in the year 1386.' The year following, 1387, the king being now aged, and his eldest sone John, eftirward king by the name Robert the Third, unfitt for the warres, the nobilitie have ther recourse to the Earle of Fyff, the king's second sone, of whom, as was supposed, the lands of GiUmertoune in Mid Louthian held, as Earl of Monteith, which eftirward cost the successors of this gentleman very dear ; these lands holding of the Earle of Stratheame, and not of Monteith, wherof, upward of 100 years thereftir. Sir John SomervUl of Quathquan made good use to his oune behoove, in prejudice of his pupiU, John Lord Somervill, ' A very lively account ofthe dissentions between the Scots and their French auxiliaries is given by Froissart, who con cludes with the evil report which these unpopular auxiliaries brought upon their allies. " Than dyvers knyghts and squyers had depassages, and so retourned, some into Flanders, and as wynde and weder wolde drive them, without horse and harnesse, right poore and feble, cursyng the day that ever they came in Scotlande, sayeng howe there were neuer men had soe harde a voyage ; wyshing that the French kyng had peace with Eng lande one yere or two, and soe both k)mges togider to goe into Scotlande, vtterly to destroy that realm for ever ; for they said they never sawe so yvell people, nor so false traytours, nor more folysshe people in feates of warre." — Lord Beeners* Froissart, Lond. 1812, 4to, vol. II. p. 32. THE SOMERVILLS. 141 the fyfth from this worthie gentleman of whom wee now treat. The Earle of Fyff being prevail ed upon with James Earle of Douglas, the earles uncle, they entered England with ane armie of 3000 men, soe suddenly, that the country have ing noe leasure, for want of inteUigence, to con voy ther goods out of the way, the counties of Westmerland, Curaberland, and Northumber land, through which they passed, receaved great losse. This armie returning with their bootie to Scotland without any encounter, with severall other inroads of the lyke nature by the Earles of Fyff and Douglas, made the King of England send ane armie into Scotland, which aUmost ruined the wholl Merse, and gave the first occasione to that notable battell of Otterburne, where James Earle of Douglas, being conqueror, was killed. The particulars of this fight ye have in the Doug lasses historie. That author, in designeing some of the persones, precipitates their titles, as in that of the Constable ErroUs, in naraeing him Earle at that engadgement, whereas it's very weill knowne he was not nobilitat, at least not made earle, untiU the reigne of King James the Second. But that author is lyable to grosser raistakes then this, as is alleadged, for which sorae blaraes him much ; but for myself, I believe he hes written 142 MEMORIE OF the truth in most things, and noe more nor what the house and name of Douglas very weUl de- serves : but herein indeed he is to be blamed, that he often obscures, at the least minishes the repu tatione of others that merited very weiU at the hands of ther king and country in that age. Let others speak where they are concerned, I shall only instance in the behalf of the house of Cam busnethan, that deserved a fuller and more am ple descriptione, with a better charactei: in his history, then he hes been pleased to aUow them, considering the neer interest, by aUya, the house of Cambusnethan had to the house of Angus, and for the severall good offices that familie did unto the Earles of Angus and Douglas, by hazarding ther life and fortune in ther quarrelles, as shall be spoken to in its plaCe. But to returne. This invasione, which we formerly mentioned, happen- 1388. ed in JuUy, in the year 1388, was not soe closely gone about as intended ; but that the EngUsh had advertisement therof before hand, and ac cordingly provyded for ther defence, which made the Scottish commanders resolve upon the de- vydeing of ther armie in two parts, the more to amaze the enemie and make them uncertane where to place ther cheiff strenth, as not know ing where the armie of the enemie might march j THE SOMERVILLS. 143 thairfore the English concluded it was best only by tiie nobiUtie to give advertisement to the gen- Irie and commons to be ready upon caU, without appoynting either day or place for their rendez- vouz. England being in this readynes, the Scots armie devydes in two, the Earle of Douglas with the Earle of March, father and sone, with seve raU other noblemen, had the comraand of the one half. This part, coramanded by Douglas and the Earle of March, was that which fought at Otterburne, allready mentioned ; for the other part ofthe armie, led by Robert Earle of Fyff and Monteith, they marched CarlUe road, and wee read of noe encounter nor engadgement they had with any enemie at this tyme, soe that it was the good or bad fortune, as yow please to esteem it, of the barrone of Lintoune and Carnwath, in two severaU expeditions, to want opportunitie to give evidence of his valour and manhood, as aU his predecessors had done in behalf of ther prince and country. Robert the Second dying at his castle of Dun donald upon the nyneteinth day of Apryle, 1390, 1390. before his death ther was a peace made betwext England and France forthe space of seven years, wherin Scotland was also comprehended. This peace gave opportunitie to the gentlemen that 144 MEMORIE OP had ther estates lying upon the border to seek eftir soe much of ther rent as could be recovered in these broken tymes, wherin for the most part the country thereabout was harassed by the Eng Ush and Scots, it being the common road for both, when they intended any invasione upon the midle marches, John Barrone of Carnwath, being at this tyrae ordering his affaires in the barronie of Lin toune, was invited over, by his cussing Sh Ro bert Kerr of Cessefoord, to the castie of Cesse- foord,' then his residence, distant from the tower of Lintoune, upon the other syde of the watter of Kaill, some two myles or thereby. When at dinner, they had the fhst newes of King Robert the Second his death, by ane expresse that had come from Clidsdale to John Barrone of Carn wath, sent from his lady, to give him advertise ment of her oune sickness, and how desyreous she was of his speedy returne. As for the king's death, being of a great age, and haveing some years before he dyed held a parhament at Perth, wherin he made his second sone, Robert Earle of Fyff, Governour of Scotland, because of the * The ruins of this ancient baronial castle are still extant, and are considerable. It was long the chief seat ofthe Rox burgh family, and is situated in the parish of Eckford. 6 THE SOMERVILLS. 14S unfitnes ofhis eldest sone that waste succeed to the croune. Soe that the report of the king's death was not soe surprizeing to thir gentlemen as the fears and apprehensions for the state of the country in the future, because of the weaknes of the next successor. The recept of this letter hastened the barrone of Carnwath's returne to Cambusnethen, where being come he found his lady in a very weak con ditione, a violent feaver haveing seazed upon her, which brought her neer unto death ; however, it pleased the Lord to recover her out of that sicknes, for the good and advantage of that fa mily, whereof she was a great ornament, both by her pietie, vertue, and beautie. Soe soon as she was perfectly recovered of her health her husband resolved to attend the court, (it being now a tyme of peaCCj and he never as yet had seen the king since his coronatione ;) and that in order to dignifle himself by sorae title of honor, wher of men about this tyme wer beginning to be ara bitious, and he himself as much as any other, from the greatnes of his fortune, haveing then in his possessione three great barronies of land, be syde the prospect or expectatione he had ofthe lands of GiUmertoune to himself or his succes sors, eftir the death ofhis brother Thomas, who K 146 MEMORIE OF had noe children by his lady, and was now past hope of ever haveing any. Robert Earie of Fyff and Monteith, the king's brother, with Gilbert Greenlaw, Bishop of Aberdeen, ChanceUor of Scotland, governed aU affaires of state. Upon them he resolves to depend, the first being his brother's supposed superior of the lands in Lou thian ; and the chanceUor hes ladyes neer rela tione, by the mother's syde. Dureing his sex years attendance upon the Earle of Fyff and the chancellor, and his frequenting the court, wee find noe additione he made to his estate, albeit he added somewhat to the honour of his famihe. Upon this occasione, a parliament being caUed by Robert the Third, to sitt at Perth, in anno 1396. 1396, he attended the same, being summoned as one of the barrones of Scotiand ; and assisted at the ceremonie of David the Prince his being created Duke of Rossie, and Robert Earle of Fyff and Monteith, his great patrone, being made Duke of Albanie; who, in the year 1406, was Governour of Scotland. These being the first dukes that was in this kingdome, made the so lemnitie the greater by the concurse of the great est part of nobilitie and ancient barrones of Scot land, who were obleidged by ane old law to at tend the king in parliament. It was dureing the THE SOMERVILLS. 147 sitting of this parliament and the conferring of these great titles upon the prince and his uncle, that his majestie was pleased to dignifie John barrone of Carnwath, and Thoraas, now his eldest sone, (John the eldest being dead sorae years preceeding,) with the honour of knighthood. I know it is aUeadged from this gentleman's re- ceaveing summonds to this parliament, that he was the first lord, being then nobilitat from his sitting in that parliament ; but ther is no ground nor probabiUtie for this assertione. Men then, as they are at this present, wer vaine enough of ther titles of honour ; and certanely, if ther had been any truth in that, this gentleman would have de signed himself by that title. But I find not that he did soe, noe nor yet his sone eftir his death, untill the beginning of the reigne of King James the Fhst, in anno 1424. The parhament, 1396, being broken, and the country reraaining in peace for sorae years. Sir John reteires from court, and makes his residence mostly at Cowthally ; all his chUdren being at this tyme corae to the state of raen and woraen, he made it his busines to setle them according to ther qualities. His eldest daughter, naraed eftir her mother Margaret, in anno 1 391, he marryes 1397. upon Robert DieU of that Uk. The year ensue- 148 MEMORIE OF 1 398. ing, 1 398, he marryes his second daughter, named Janet eftir his oune mother, upon Sir Simon Glendinning, In the year 1400, on the sexth of Apryle, his youngest daughter was marryed upon Sh Lewis Stewart of Minto. In August the same year, his vertueous lady Margaret Edmondstoune dyes, haveing Uved with her husband 28th years,, dureing which tyme she had borne to her hus band nyne children, fyve wherof survived herself, two sones and three daughters. She had the bap-. pynes to see her three daughters honourably marryed, and her two sones as gallant and hope ful youths as was within the natione. Before her death, she desyred her husband to bury her be syde her father in the quyer of Cambusnethen church ; which accordingly was done by her, husr band and two sones, and three sones in law, with all the solemnitie then in use. She was a lady of many eminent vertues, and was the third of the females that made a great additione to the barrones of Lintoune, ther estate in Scotiand. 1400. Eftir the year 1400, I find not anything of Sir John SomerviU, barrone of Carnwath, in the his tories either of the church or state, notwithstand ing these tymes gave occasione to some actione, in regaird of the difference betwext the Earles of March and Douglas, anent the marrying of DaviiJ, 8 THE SOMERVILLS. 149 Duke of Rossey, the king's eldest sone, upon Marjorie Douglas^ daughter to the earle, where as he had been before contracted upon Ehzabeth Dunbar, daughter to George Earle of March, These two great men, upon this occasione, fall ing out, became to quarrell and to bring the country into factiones, which was much troubled, especiaUy by the Earle of March, who being worsted, engadged the English in his quarreU, who wer ready enough of themselves to lay hold upon any opportunitie to doe our natione a mis- cheiff. In aU these occurrences and other pub Uct transactiones of that tyme, either in peace or Warre, dureing the remaitteder of King Robert the Thirdes reigne, I find not that Sir John, bar rone of Carnwath, did concerne himself, haveing, eftir his ladyes death, confyned himself, for the most part, to his dwelling att Cambusnethen ; the pleasantnes of the place inviteing hira therto allbeif at fhe tyrae ther was noe other house upon it (except some laigh office houses) but the Band tower, a building some 20 foot square and four storie high, which was stiU standing in the sarae forrtte and fashion, untiU the year 166"1, that it was demoUshed by Sh John Harper, when he rebuilt the house of Cambusnethen. In the year 1405* ther had been some discourse ^^o^- 150 MEMORIE OF of marrying his eldest sone Sir Thomas upon Mary Sinclaire, sister to Sir WUliam Sinclaire^ Earie of Orknay and Laird of Roslayn ; but it took noe effect untiU eftir his death, which hap pened the same year, the ii. of October. Before his death, he setled upon his second sone Walter, the toune and lands of Overtoune, of Cambusne then, Paider and Paiderhall, Gairin and Gairin- gill, with the coaUheaugh, in the barronie of Cam busnethen, and the ten merk land of Litletoune, in the barronie of Lintoune. Undoubtedly, have ing soe opulent a fortune, he would have left his second sone a greater estate, but that he expect ed his sone Walter sould have succeeded to the land in Louthian eftir his brother Thomas his decease ; but that gentleman, at his death, con ferred his whoU estate upon his names-sone and nephew. Sir Thomas SomerviU of Carnwath, eldest sone to this Sir John, who succeeded both to his father and to his uncle and ther whoU estates, except what was given to this Walter, which eftirward fell into Thomas Lord Soraer vill. Before his death, some few dayes before Sir John dyed, his sones and sones in law en quyred at him if they should bury him vrith his predecessors in Lintoune church ; he answeared, " No, butinCambusnethenquierbesydehiswife," THE SOMERVILLS. 151 which accordingly was done. He was a gentle man of great vertue, and added both to the ho nour and greatnes of the house of Lintoune and Carnwath, by his marriage and frugalitie. He Uved fyftieth and sex years ;' wherof in a marry ed state twentieth and eight, and a widow fyve ; and was the first of his name and faraiUe buryed in Cambusnethen church. Of Sir Thomas, the seventh Barrone qfLintounCf the fourth qf Carnwath, the second of Cambusne then, the first Lord SomerviU, and the twelth from Sir Gualter de Somervill, Lord qf Whiche nour in England. To Sir John Somervill, Barrone of Lintoune and Carnwath, succeeded his eldest sone Sir Tho mas,* who is served air to him the succeeding year, by a breiff out of the ChanceUarie, the fhst * Douglas, in his Peerage, altogether omits this Sir John So merville. According to his genealogical deduction, the father of Sir Thomas Somerville was Sir William Somerville, who, ac cording to him, represented the family from 1370 to 1403. * This was one ofthe most distinguished persons of this an cient and honourable family. If the writer of the Memoirs had before him the retour of the inquest upon his service, it seems impossible he could mistake his father's name. Yet it would 152 MEMORIE QF of March, 1406, before Sh WiUiam Prestoune of 1406. CraigmiUer. Ther is upon this service Sh Simon Glendinning, Sir WiUiam Sinclair of Hermis- toune. Sir John Forrester of Corstorphin, Sir John Sandelands of Calder, Ralph Weir of Blaick- wood, Sir Lewis Stewart of Minto, Robert DieU of that ilk, John Mowat of Stennis, John Car- michaeU of that iUi, John Towers of Enderleith, WUliam Lawsone of Humbie, WiUiam Bannatyne of Corhall, Thomas SomervUl of GiUmertoune, WilUam Otterburne, WilUam SomervUl in Kelso* AU these barrones and gentlemen hes ther sealles at this service, the armes visible, and ther names legible to this day. Whether this young gentleman, Sir Thomas SomerviU, deryved his nobUitie from his father or acquyred it himself, is a thing very question able, as I have alheady hinted at ; for undoubt'^ edly his father Sir John, summoned to the parha ment by King Robert the Thhd, in anno 139&,_ gave him the dignitie and title of a Lord of Par liament, which in effect is all that our ancient lords hes for ther being peers of this realme ; patents from the king for being lords was given appear he certainly was so, since in several charters quoted by^ Douglas, Sir Thomas is described as the son not of a Sir John iut ofa Sir William Somerville. THE SOMERVILLS. 153 but of late, as is nottour to all that knowes any thing of antiquitie ; for this nobleraan's father and himself being designed Sir John and Sir Thomas in severall writts that I have seen, it sayes nothing. Men then wer ambitious of that title of honour, being given mostly upon ane mi- litarie account, which raade thera rather retaine it then any other title of honour conferred upon them by ther prince ; for which see the historie of the Douglasses upon the subject, anent the dignitie of good Sh James, the fhst raiser of that noble famiUe to ther greatnes, who took no other designatione then that of Sir James, albeit be and his predecessors had been lords &f parliament for some ages preceeding. However, in this I shaU not be contentious, but folow the receaved opi nione, that this nobleman, Sh Thomas SomerviU of Lintoune and Carnwath, receaved that digni tie frora King James the Fhst, in his first paarUa- meM holden at Edinburgh in ann& King Robert the Third hearing that his eldest sone. Prince David, was dead in Falklandi, by pro. curement of Robert Duke of Albanie (who aspy- red to the croune) and James his second sone ta ken prisoner in his voyage to France by the Englishmen, the king dyed of displeasure within three dayes eftir he receaved these newes, when 154 MEMORIE OF he had reigned sexteinth years, being buryed in Paslay, where hes queen had formerly been in terred. Eftir whose death, Robert Duke of Al banie, Earle of Fyff and Monteith, governed Scot land. This nobleman and hes successors pretend ed to be superiors unto all the lands of GUlmer toune, anciently belonging to the Herrings ; but long eftir, in the reigne of King James the Fourth, these lands wer found to be holden of David Earle of Strathearne, King Robert the. Second his eldest sone, borne to him of Euphan, daugh- ter to Hugh Earle of Rosse. However, this gen tleman knowing that Robert Duke of Albanie had been his father's great patrone, and had much kyndenes for himself, on him he constant ly depends both in the court and countiy, and was with him in aU the expeditiones he made in the tyme of warr, which was but upon grand oc- casiones. Much, if not aU the militarie actiones in that age, was committed to one or other of the house or name of the Douglasses, ther foUowers and dependers, as may be knowne from the tract of our histories ; for in the year 1402, upon the fyfth of May, (some three years before John bar rone of Lintoune and Carnwath dyed, and this no bleraan came to his estate,) was fought by Archi bald, the fourth Earie of Douglas, that unfortunat THE SOMERVILLS, 155 batteU of Homildone, neer MiUfeild in England, wherin several lords and many barrones wer kill ed, and others taken prisoners, with the earle hiraself; as, in the year preceeding the flour of the youth of Louthian had been lost, with ther captain, Patrick Hepburne of Heiles, at West Nisbett, in the Merse, by ane encounter with the EngUshes, upon the twentieth and two day of June, 1401, wherin the Earle of March his sone did great disservice to his native country, by comeing in to the EngUsh assistance with ane hundereth fresh horse, which gave them the vic torie, and the Scots that great losse. These two instances I have given, to evince that successe is not aUwayes intaiUed to naraes and farailies, or the electione of leaders, let ther valor and con duct be never so rauch, but that some one man or other of raean extractione, whose narae and faraiUe hes never been heard ofj may outvy them in all ther glorie in militarie actiones. I need not to be particiUar : both ancient and moderne histories gives ane thousand examples, OUver CrumweU, in our oune tymes, a very remarkeable one to our sad regrate. But to returne to this gentleraan. Sir Thoraas, In the year 1407, he 1407. renewes his sute to Marie Sinclair, second daugh ter to Henrie Sinclair, the third earle, and sister 156 MEMORIE OP to WUUam, the fourth Earie of Orknay, who had marryed Elizabeth Douglas, daughter to Archi bald, the fourth Earie of Douglas, and the first Duke of Turraine in France. See the tities be longing to this Earle of Orknay and his predeces sors in the historie of the Douglasses, which, as that author observes, are enough to wearie a Spa niard. With this lady of eminent vertue and high qualitie (being second to noe subject in Scotland) did Sir Thomas SomervUl of Carnwath match,' and thereby did greatly innoble his blood and incresse the honors ofhis famiUe, with whom he lived very happUie, and in great honour, for the space of twentieth and seven years, notwithstand- ' This, however roundly affirmed, is unquestionably a mistake. Or at least, if Sir Thomas did marry the lady mentioned in the text, she must have been his second wife : For during his fa ther's life time, Robert II. grants a charter of the lands of Cam busnethan to Thomas Somerville, son and apparent heir of Sir William Somerville, and to Janet Stewart his spouse, and the longest liver of them, « which lands of Cambusnethan are stated to have belonged to Sir Alexander Stewart of Darnlie father of the said Janet Stewart, and must be considered as being her dowery." Thns the author has erred, both as to the time and manner in which his family acquired the estate of Cambusnethan. The charter is dated July, 1392. On the other hand, Douglas himself, under the article ofthe Earls of Orkney, quotes a marriage between Mary, second daughter of Henry first Earl of Orkney, and this Sir Thomas Somerville. She must therefore bave been hb second wife. THE SOMERVILLS. 157 ing of all the reellings and alterations that hap pened dureing the government of Robert Duke of Albanie, Fyff and Monteith, and the four years governement ofhis sone, Duke Murdoch, Earle of Fyff and Monteith, from whom it would ap- pear this gentleman's confyneing himself wholly to the administratione of his domestick affaires, he hes withdrawen his attendance upon sorae dis- lyke against the governour, Robert Duke of Al banie, formerly his great protector and patrone ; but now in aU probabUitie estranged from him when he became convinced that the duke had ac- -eessione to that unnaturaU murder of Prince David Duke of Rossay, sterved to death in Falk land, by the instigatione and practice of his crueU uncle the Duke of Albanie, who being hated of the nobilitie for this very occasione, made most of these that had formerly much fa vour for him, withdraw ther attendance, as did Sir Thomas SomerviU eftir his marriage, and re tire himself to his castle at CowthaUy, being sufficiently secured frora the envy of the court, by being now allyad with two of the most noble and powerfuU famiUes in Scotland, of his ladyes neeir relatione and kindred by father and raother. In anno 1412, Thomas Somervill of GiUmer toune dying, he leaves the lands of GiUmertoune, 1412. 158 MEMORIE OF Drum, and Gutters, to his nephew Sir Thomas of Carnwath, reserveing the life-rent of aU these lands to his lady Katharine Straton, which I find «he enjoyed not long ; for Sir Thomas came to the possessione therof in the year 1415, which is evident from tacks sett by him that year and ,the year ensueing. In which year this gentleman both enlarged, by the additione of some new buildings, and strengthened the castle of Cow thaUy with a double ditch, broad and deep. The ground, because ofthe neer neighbourhood ofa great mosse, affoorded much watter for the filhng up of these ditches. But seing the greatest build ing of this house was by Hugh, the fhst Lord SomerviU of that name, I shaU wave the descrip tion therof untill wee come to wryte of him. As for this noble gentieman being more strongly -aUyed, and haveing a far raore opulent fortune by far then any of his predecessors, he lived in peace at home, without concerneing himself with the pubUct transactions of that tyrae, or sydeing with any of the grandies that mannadged the af faires of state, dureing King Jaraes the Fhst his captivitie or restraint in England. The kingdorae of Scotland being for eighteinth 1424. years without a king, James the First being re- THE SOMERVILLS. 159 turned from his captivitie,' made it his busines to set in order the disorders of a country wherin every great man had played the pettie tyrrant. The conditione of England, being then under a minor king, gave him opportunitie, with his oune aUyance, to fear noe warr from thence. Ther fore, being entered upon his government, he caUes to accompt the former governours, father and sone, who being guUty of some misdema- nours which is not very expresse in our histories, he strykes off ther heads, with Duncan Stewart Earle of Lennox.* The Earle of Douglas. he ira- prisones with raost of his freinds, followers, and dependers. Frora this beginning did first aryse the doune faU of that noble faraiUe, whether by ther oune procureraent or not, I leave it to others ' In forwarding this desirable event our author's ancestor had a share, of which his descendant seems to have been igno rant; for it appears from Rymer's Faedera, vol, x. p. 301, that Thomas Somervyle, Lord of Carnwath, was one of the embas sadors who, in 1423, were permitted to come to London to treat for the ransom and deliverance of their sovereign. Tho mas Dominus de Somerville is also a warden of the Border in 1424. * The author of the Memoirs appears to have been ignorant that his ancestor, Thomas Somervile of that ilk, sat as one of the assize by whom Murdoch Duke of Albany was attainted of high treason. l60 MEMORIE OF " to judge that hes read the histories of these tymes. The best of subjects may some tymes fail in ther duty ; and it is ordinarie for princes to have ther oune feares and jealousies, when one subject out topes the rest, both in fortune and foUowers, as this familie did by far all others in Scotland in that age. The Earles of March, more ancient in digmtie, being ther only competitors, found the sarae or worse measure ; for, in the first parlia ment holden at Perth by this king, the Earle of March was disinherited, and his famUie for ever put out of Scotland, notwithstanding of severaU attempts raade by thera eftirward for ther restau ratione. The other great branch of that name, being the Earle of Murray, becarae likewayes extinct, in a daughter, who marryed a brother of the house of Douglas, which made ane end of aU the greatnes and honour of the sirname of Dunbar, which had continued from the reigne of MUcolumbus Canmuir, untUl this very age where of wee now treat. Neither did the weight ofthe king's displeasure faU upon these two farailies alone ; but many of ther friends suffered upon ther account, as yow may read at lenth in the historie of the Douglasses. That which I shall take notice off and observe, as to my purpose, concerneing those tymes of ignorance, before the THE SOMERVILLS. 16 1 reigne- of Mikolumbus the Third, is the three grand revolutions in the kingdorae of Scotland as to shnaraes and faraiUes. The first, that which happened in the reigne of this king before men tioned, MUcolumbus Canmuir, wherin, for the most part, ther was not only a change of the an cient titles and designationes of the noblemen, but also a subversione or alteratione of the great est part of the shnaraes then in Scotland, besyde the additione of many new ones that came in and began at that same tyrae. The sirname of Cum ming, whether originallie of this natione, or from sorae other where, I wiU not take upon me to de termine ; but this is certane and knoune from our historians, that noe name in Scotland, from the year 1000 to the year 1306, wliich I make the second period of tyme, floorished soe much as did the name of Cumming ; and that both in ho nour, riches and nuraber ; who, of theraselves, being fyve earles and threttieth barrones or free holders, wer able to raise ane armie to defeat Alexander the Thhd, took him prisoner, and keeped him in Stirling castle untiU they made ther oune conditiones ; and aU this by their oune strenth, and without the assistance of any other within or without the kingdome that wee hear off. I would fain know whether the lyke has been ¦ 2 162 MEMORIE OP practised in any natione, or what historie relatea that a particular sirname prevaiUed soe much against ther prince and country, and made such mad worke therin, not only in King Alexander's reigne, but dureing the wholl interregnum, and untiU the restauratione of King David Bruce from his captivitie, and his father King Robert the Bruce, as did this sirname of Cummings. However, at lenth, in this king's reigne (the se cond revolutione being in King Robert the Bruce's and his sone's reigne,) they are brought under ane perpetuaU eclipse ; upon whose ruine the Dunbars, (albeit nobUitat before) the Doug lasses and Fleymings, with severall other faraUies, raised ther fortunes, by King David's gifts ; greatnes and honours being conferred upon them, much about the same tyme, by the doune- faU of the Cummings. The third grand revolu tione and change of fortunes and sirnames in Scotiand, though not soe universall as in the two former, happened in this king's reigne. King James the First, by blackeneing the credite and reputatione of the Douglasses, which they in a manner had intaUed to ther oune familie, for ane hundereth years and upward, and by the ruine ing the Earles of March, the Humes aryses out of ther ashes, as did the great estate and honour THE SOMERVILLS. 163 of the Hepbumes, the court favour of the Crech- tounes and Livingstounes with the king, aU of whora, by his raajesties discountenanceing the Douglasses and banishing the Dunbars, raised ther oune fortunes and credit within the king- dome ; which, notwithstanding, continued but a few generations, as is evident from the histo ries of that tyrae ; thereby teaching great men that it is beyond ther foresight and Industrie soe to setle ther greatnes and honours as to intaiUe them for ever to ther posteritie ; but that a word mistaken or look unbeseeming may destroy in a moraent what raany ages hes been rearing, up, yea, albeit ther be noe default or misgoverne-. ment in the partie to whom that raisfortune may happen, as is evident from many instances that may be given, besyde those which I have men tioned. Soe soon as his majestie aryved in Scotland, Sir Thoraas failled not to give his attendance, with others of the barrones of Scotland, to con gratulate his majesties happie aryveal, where his acceptance was answearable to his expectatione ; for a pariiament being called to sitt at Edinburgh, the Sir Thomas SomervUl of Carnwath is suramoned as one of the ancient barrones of Scotland, to give his attendance. 164 MEMORIE Ot wherby it is evident that from the sitting of that parhament, and eftir the dissolveing therof, that Sir Thoraas of Carnwath is designed Lord So mervill ;' and albeit he was weill enough staUed in his majesties favour, and secure enough by his allya, yet he understood weill enough in what fa vour and esteera himself and his father Sir John * There is something remarkable in the manner in which he is designed in the nomination of Wardens of the Border in 1424. The names are first given, and then are classified ac cording to the rank of those who bore them. But Thomas, though designed Dominus de Somerville, is neither enumerated among the lords or the knights. The classification follows : " Pro Parte dicti Henrici Regis, Humfridus Dux Qlouces- trice, Sfc. Thomas Dux Exonice, Edmundtis Comes Marchioe, Riccardus Comes Warre'voici, Henricus Comes Northumbrice, Radulphus Comes Westmerlandice, Robertus Dominus de Wylugh- hy, Omnes Admiralli Maris pradicti Regis Henrici, Custodes Marchiarum AnglicB versus Scotiam, Robertus Umfraville, et Walterus Hunge^rford, Milites. " Pro Parte vero prsefati Regis Jacobi, Murdacus Dux Al- lanice, Walterus Comes Atholice, Alexander Comes de Mar, Archibaldus Comes de Wygeton, Georgius Comes Marchia, Dominus Willielmus Constabularius Scotiee, Johannes Dominus de Seton, Thomas Dominus de Somervile, Jacobus Domirms de Dallceth, Johannes Forster, Custodes Marchiarum Scotice versus Angliam, " Qui quidem, Humfridus, Thomas, Duces ; Edmundus, Riccardus, Henricus, Radulphus, Comites ; Robertus, Dominus ; Robertus, et Walterus, Milites. ^ " Murdacus, Dux ; Walterus, Alexander, Archibaldus, Geor.^ gius, Comites ; Johannes, Dominus ; Jacobus, et Johannes." THE SOMERVILLS. 165 had been in with the two former governors, fa ther and sone, which now fell under the king's displeasure, and brought to the ground with them most of ther followers and dependers. He there fore reteires from court, whiU these stroakes were a giveing,' haveing as much honour as he desyred, and ane estate much beyond many of the sarae qualitie and degree : and as he was the first by my calculatione that nobilitat the faraUie and name of Somervill, in the house of Cowthally, aoe did he far exceed in greatnes of fortune all the preceeding barrones of Lintoune and Carn wath, by acquyreing the barronie of Pkin in the shirreffdorae of Stirling, either by conqueist or excarabione ; for it is certaine he made over the right of a barronie of land which lay in the north to the Lord Gordon, which at this present be- longes to the Marques of HuntUe ; but where that barronie lay, or the designatione of it, I can give noe account. The young gentleman, from whom I should haye had my informatione, John Leslie by name, that was raaster of the ancient writtes and charters of this land, being unfortUr natlie kiUed before I had opportunitie to see * A singular mistake, since he was actually one of the jurors on the trial of Murdoch Duke of Albany, as already noticed, 166 MEMORIE OF these papers ; whereby it comes that I can give noe better account of this affair. It was dureing his reteirement from the court that the pietie of his lady perswaded hira, in imi tatione of others (who wer very bussie about this tyme, in ther blind zeall, to gratifie and enrich the church) to rebuild (which was then much ruinous) the coUegiat church of Carnwath, with the yle therof, the which they dedicate to Saint Marie, and endued the same with the sourae of ten merks yearly, to be payed out of the barronie of Carnwath, which, as a mortificatione, is conti nued untill this day. For the particular year of its foundatione I cannot be positive, seing the year of God hes been omitted. However, by other circumstances agreeing with that very tyme, wee may conclude it hes been built betwext the year 1425 and the year 1430 ; for in this year ther is mention made of the coUegiat church of Carnwath in severall writtes and evidences that I have seen. For the founder, the author of the additione to Spotswood's Historie, is positive that the coUegiat church of Carnwath was built by Thomas Lord Somervill ; for which see his book, page twentieth and seventh. The yle itself is but litle, however neatly and conveniently built, opposite to the midle of the church : aU aisler. THE SOMERVILLS. 167 both within and without, haveing pinickles upon aU the corners, wherin are engraven, besydes other imagerie, the armes of the SomerviUs and the Sinclaires, very discerneable to the occular aspectione, albeit it be two hundereth and fyftie- eight years since they wer placed there.' In anno 1426i Thoraas Lord Soraervill goes to 1426. the south to setle his affaires at Lintoune, the borders being now in sorae quyetnes because of the peace betwext the two kingdoras. His father Sir John had but seldorae visited that place, and himself but at starts, before King Jaraes his re turne to Scotland ; but now, haveing continued there some space, he caused repaire the church and queir of Lintoune, with the ancient monu ment ofhis first predecessor in Scotland, and the tower of Lintoune ; aU which, by lenth of tyme, and the perpetuall excursiones and burnings of the English, in former ages, wer much decayed. His predecessores, that reaped but smaU benefite frora tiiat barronie of Lintoune, in tyme of warr betwext the two kingdomes, became carelesse of ther concernes in that part of tiie country, which ' The church of Carnwath is in a handsome style of Gothic architecture, and is one of the few churches of countiy parishgi in Scotland which are so. 16^3 MEMORIE OF may be the reasone that John Lord SomervUl, this lord's great grand childe, with the consent of his tutors. Sir John of Quathquan, three score years eftir, they sold it to the Kerrs now of Lin* toiine.' 1427. Being returned from the south, he carae to Mid Louthian, and orders his affaires in GUlraer- toune, frora which lands he reaped as much be^ nefite, both in reall and casuall rent, as he did from any other ofhis barronies within the natione, haveing both coalles and lyrae-stone in abund ance, with a constant and setled rent, being all of itin Acker-dale land (except the Drum and Gutters,') duely payed, because ofthe neer neigh bourhead ofthe toune of Edinburgh. Being now come to the west, he sets himself wholly to the mannadgement and iraproveingof his great estate, the country being then in peace as to any warr with England. This noble man being blessed with severall children, wherof fyve being alyve, wer now come to the state of men and women ; his eldestdaugh- ter, named Marie eftir her mother, this year 1 427, he marryes upon Sir WUUam Hay of Yester j ' The property has since passed to the Pringles of Clifton. ' Or Goodtrees, now called Moredun. THE SOMERVILLS. 169 and with her gave in portione the lands of Auch- termyre, caUed the out barronie of Cambusne then, being within the parish therof. Thir lands belonging to the church the Lord Somervill held them of the abbacie of Kelso or Melrose ; for I ara not certain to which of thera they doe belong, but that the house of Yester retaines thera untUl this day, the same, of late, by this lord or the late Earle of Yester, being fewed out to severall here- tours, wherof the laird of AlUtoune,' of the sir- name of Stewart, is the most considerable. His second daughter, named GeiUes eftir his ladyes mother, he marryes upon Sir Robert Logan, laird of RestaUrig, who had in portione with her the lands of Finningtoune, Becry-hill and Heathry- hiU, aU lying within the barronie of Cambusne then, and parishen therof. Many years thereftir I find thir lands resigned by the successor ofthe laird of RestaUrig in favours of Sir John of Quath quan, the first lahd of Cambusnethen, frora the tyrae that it becarae in a distinct familie from the house of CowthaUy, of whom he held thera. His * AUantoun. Some remarks afterwards escape frora the au thor's pen unjustly derogatory to this ancient branch of the Jjouse of Stewart, to whicli he was himself allied by the marriage of Janet Stewart of Darnle with his ancestor Sir Thomas. 170 MEMORIE OP youngest daughter, named Margaret eftir his oune mother, he marryes upon the lard of Closseburne in Niddisdale, of the sirname of KiUpatrick, whose sone Thoraas, naraed eftir his grand-father the Lord SoraerviU, wee wiU have occasione to speak of in the memorie of his cussing the first lord John. What portione in land or money this lady had from her father I find not ; but it ap pears the house of Closseburne hes been very weill satisfied with this match, by their gratitude and thankfuUnes to the house of CowthaUy for severaU generationes thereftir.' Thus wee see this noble man happy and fortunate in his oune match, and in the matching of his daughters, being aU in his. oune lifetyrae marryed to gentlemen of eminent qualitie, two of them cheif of ther naraes and families. His sones, being two, William and Thomas, wer hopefuU young gentlemen as any within the kingdome. Upon them he bestowed such breeding (the best being rude enough) as * Roger Kirkpatrick of Closeburne, who married Margaret, daughter of Thomas first Lord Somerville, had by her two sons, Sir Thomas Kirkpatrick of Closeburne, knight, (who was made keeper of Lochmaben castle in thp year 1481,) and Alexander Kirkpatrick of Kirkmichael, who received the ba rony of Kirkmichael from the king, as a reward for having ta ken prisoner James, the 9th and last Earl of Douglas, at the battle of Burnswark, A. D. 1484. THE SOMERVILLS. 171 that age was capable to give. As for his eldest sone, he was knighted by King James the First upon this occasione.* King Jaraes the Fhst's hard deaUing, as was 1430. supposed (the first sex years of his reigne,) with the principaU of his nobiUtie, by executing sorae, banishing and imprisoning others ; this terrified many, and startled all men of any account or emi- nencie frora attending the court ; wherby others of minor ranke and qualitie had opportunitie first ' " He also sat as a peer in the parliament held at Edinburgh, anno 1429, and was by his majesty appointed justice-genera! of Scotland besouth the river of Forth, which appears by an authentic decreet pronounced by him, wherein he is designed justiciarius domini nostri Regis, ex parte australi aqua de Forth* He passed sentence against the delinquents at Stirling, the 4th day of November, in the year of God 1430. The decreet con cludes thus : In cujus rei testimonium, sigillum officii nostri ju- diciarii est appensum, anno die mensis, et loco superscript. " Immediately thereafter, Thomas Dominus Somerville was appointed one of the wardens of the marches towards England in December 1430. " He married Janet, daughter of Alexander Stewart Lord Darnly, ancestor of King Jaraes VI. with whom he got thg lands and barony of Cambusnethan, which is confirmed by a charter from King Robert III. Thoma de Somerville, filio et haredi apparenti Willielmi de Somerville, militis, et Janetce Se- nescal sponsa sua, et eorum viventi, omnes terras baronia de Cambusnethan, 8fc. jacen. in Vicecom. de Lanark, qua fuerunt dilecti consanguinei nostri Alexandri Senescalli de Darnly, mit litis, S^c. dated in July 1392.'' — Douglas's Peerage, p. 626, 172 MEMORIE OF to be knoune, and then to insinuat themselves in the king's favour. Amongst which number, William Crichtoune and Alexander Livingstoune gained soe much ofthe king's affectione that they became his only minions ; all court favours pass ing by them or ther creatures ; untill at lenth, in the year 1430, the king's displeasure and in dignatione against these noblemen, whom he had incarcerat, being now appeased, he releaved them ftom prisone, and coraraands ther attendance at court, where shortly thereftir they appear in greater splendor then usuaUy was seen in the Scottish court ; and that because ofthe extraor dinary occasione that theq offered itself, thebapr tisme of two young princes the king's sones, be ing twinnes, at which solemnitie great part ofthe nobilitie was present, and, amongst others, Tho mas Lord Somervill, who, being a nobleman ofa peaceable dispositione and noe wayes factious, had never faUen under the king's displeasure. To grace this solemnitie the more, the king was plea sed to make fyftieth knights. Of tins number was WiUiam, eldest sone and appearing heir to Thomas Lord Somei-vill ; WiUiam, eldest sone to Archibald Earl of Douglas, being the first that was honoured with that dignhie of knichthoo^ from the king. THE SOMERVILLS. 173 The Lord Somervill haveing remained some tyme at court, and haveing kissed his majestie's hands, returnes to Cambusnethen, where, for the tyme, his famihe resided, with a resolutione for the foture to be seen as seldome at court as pos sible, finding, by the Utle stay he made there, that the ancient nobUitie and barrones was rather sus pected of factione then favoured of the king and court. Alexander Livingstoune and WUUam Crichtoune, both smaU barrones, and not of the ancient nobUitie, as the author of the historie of the Douglasses assertes (how truely I shall not say nor enquyre eftir, being non of ray concernes) had now the guiding of the king. AU matters of any moment passed by ther hands, to the great indignatione of such of the nobilitie as thought it ther place, both in respect of ther qualitie and birth, to have a greater share in the mannadge ment of state affaires then was allowed to them ; being never or seldome called to counseU dure ing this king's reign. However, I find in the year 1434, 1434, his majestie was pleased to ratifie and con firme Sir Thomas, now Lord Somervill, in aU his barronies of Lintoune, Carnwath, and Cambusne then, with the superioritie of the toune and ter- ritorie of GUlmertoune ; all which barronies held immediatiy of the croune, except the lands of 1Y4 MEMORIE OF Auchtermuir in the barronie of Cambusnethen, and the lands of Inglisberry-grange in the bar ronie of Carnwath, which held of the kirk, and these of GUlmertoune, which held formerly ofthe Earle of Strathearne, now likewayes fallen in the king's hands, by that carle's forfaulture. This confirmatione is dated at the tenth day of November, 1434. Eftir this I find not the Lord Somervill present at court dure ing this king's reigne, which was three years eftir this nobleman's death, who now Uved at home and looked eftir his private affaires. For his eld est sone Sir William, he abode for the most part with his uncle the Earle of Orkney, when he re mained either at Roslain or in Edinburgh, in corapany of Sir WiUiara Sinclair his cussing, eftir ward great chancellor of Scotland. Some years before his death he had setled his eldest sone in the barronie of Plain ; for, by severall writts that I have seen, and others that are in my custodie, I find him designed Sir WiUiam SoraerviU of Plain, appearing heir to Thoraas Lord Soraervill. It appears this setlement hes been made to Sir William when his marriage was first divulged, upon the bearing of his eldest sone John, eftir ward Lord Somervill ; for this geiitleman had marryed secretly in the year 1428 or 1429, the THE SOMERVILLS. 175 daughter of Sir John Mowat of Stennis, because he could not procure the consent of hes father nor mother to that match, albeit the young lady was to be one ofthe co-heirs of her father's estate, and of herself deserved very weiU ; but the Lord Somervill and his lady designed a farr greater match for ther sone, especially his lady mother, who, being a lady of great birth, had a spirit an swearable thereto. To Thoraas his youngest sone he gives the lands of Racklay, within the barronie of Carn wath. Of this gentleman, Thomas, sone to Tho mas Lord SomervUl, to the best of my-inquirie, are descended the SomerviUs now of Gladstones. But more of this in the life ofthe first Lord Hugh, where occasione wiU be given to treat more am- plie of that familie. The last evidence that I find of this nobleman is a charter granted be lum to and in favours of WilUam, chancellor of Scheill- hill, wherin he confirraes to hira the lands of Scheill-hiU and Quathquan. This charter is da ted at the month of 1432, and is the eldest evidence that that gentle man hes of his lands. As for this nobleman, Tho mas Lord Somervill, he was most fortunat and successefull in all his affaires both pubUct and privat, haveing disposed of his children, and set- 176- MEMORIE OF led his busines before his death, in the order all- ready rehearsed. He sickned in August, and dyed ofa flux in December thereftir, 1434, being then in the fyftieth and nynth year of his age. Ther was not any ofthe name of Soraervill, either in England or Scotland, had raore honour or a greater estate then this nobleraan, nor was ther any that marryed ther daughters better and raore honourably then he did. Haveing left a hopefuU successione of two sones and three daughters, he rested from his laboures and was buryed within the yle of Carnwath, built by himself, wherin eftir ward his lady, darae Marie Sinclaer, was interred:' * This aisle is still standing, and after Cuthally passed frora the faraily of Somerville, was used as a burial place for the Dalzells, Earls of Carnwarth, and since for the Lockharts of Lee. It is a Gothic building of some architectural merit. The church itself, as appears from the following record, was founded in 1386, and endowed by this Lord Somerville in 1424, with some lands which the relict of one of his successors in vain endeavoured to resume. A. D. 1495, xix Octobris, — " In presens of ye lordis of con- sale, Marioun Laidy Someruale protestit that sen Sir Johne Inglis chapellane, wes requirit be our souerane lordis letrez, to bring with liira ye letrez of mortification and gift yat he haid of ye kingis hienes of a part of ye landis of Cambusnethane, assignit to Sanct Michaelis chapell at Cambusnethain, and yat he beand personally present and producit na charter nor mor- tificatioun of ye kingis hienes of ye saidis landis, yat yarfore' echo raight broik ye saidis landis as hir coniunct feftraent but vexatioun of ye said chapellain, as efferis of justice." 'T'''^^:3»iP«; (DMm^wmm (cmmm:iL 2o,^,m&dii,X The author, who had no access to the mass of original his torical docuraents since arranged and published by Ryraer, was ignorant that, in 1457, John Lord Somerville appears as one ofthe conservators of peace with England,— Rymek, xi. p. 397. THE SOMERVILLS. g 1 9 made in the hands of John Lord Somervill by George Bishop of Brichen and Thoraas Chorse wood, his brother-gerraan, for new infeftraent. Wherupon John Lord Somervill grantes a char ter of confirmatione to the lands of Quathquan, in favours of the chancellor, dated att Edin burgh, the sexth day of Noveraber, 1459. The fourth of May preceding, Patrick Ogilvie and IsabeU Fentoune his spouse, with consent of ther superior, resignes ther interest in the lands of Quathquan, in favours of David Crichtoune, John Chorsewood, Mr Adara Lyle, Jaraes Dum bar, and George Wallace. Wherupon ther is a charter granted by John Lord Somervill of the date foirsaid. This nobleraan, by an inqueist att Peebles, 1459. before John Hay, Thoraas Hay, and Archibald Lyle, sherriff-deputs of Peebles, is served heir to his father the fyfth of June, 1459, unto a ten merk land within the barronie of Brughtoune and sherifdome of Tweddel. The same year he grantes a presentatione in favours of Mr Wil Uam Blair to the church of Lintoune. This pre sentatione is dated att Cowthally, the twentieth and first day of May, 1459.' ' In this year John Lord Somerville is again named one of the conservators of the peace with England. — Rymek, xi. p. 434. 220 MEMORIE OP 1460. This fataU year being come, King James the Second takes great indignatione that the castle of Roxburgh should be in EngUsh men's hands, when aU other strenthes in his kingdome had, many years preceeding, in his father's Ufe and his oune minoritie, been taken from thera, and that castle only remained of all ther former con queis in this natione, by the two Edwards, the First and the Third of England. The king, in order to this designe, raises a great armie, con sisting of threttieth thousand men, in JuUy, 1460, with which he beleiggers the castie of Roxburgh, haveing encamped and entrenched his armie up on both sydes of Tweed and Tiviott, thereby to hinder the beseidged from excursiones and for- reageing the countrey for victuaU to themselves and ther horses, it now being the harvest tyme. The seidge continued from the first of August untill neer the later end of September without any disturbance from England ; the dissentiones of the houses of Lancaster and Yorke had soe devyded and distracted that natione, that they wer not in a conditione to raise or send ane armie to Scotland for the releiff of the castle of Roxburgh, the seidge wherof still continued, be ing both weill defended by the garrisone and strong of it self, by reasone of the situatione, THE SOMERVILLS. Q2l which is betwext two great rivers, Tweed and Tiviotti built upon ane high erainency or hUl, strongly w&Ued with double i-ampers and ditches, according to the fortificationes in use at that tyme, of a great circumference ; soe that it ap peares, by the ruines, to have been rather a cit- tiedale then a castle. The descriptione of the fortificationes of this castle, the raaner of the seidge itself, with the approaches of the arraie thereto, the planting of ther batteries, and all the severaU attaches made therupon dureing the continuance of the seidge, are quyte omitted by our authores, wliich speakes either ther want of informatione, or ther want of skiU in iniUtar termes to delyver the memorie of this seidge to posteritie, which certanely hes been very famous, both as to the raaner and forrae observed therin ; and also for the actione of particular raen, which, through the ignorance or omissione of our his torians, is quyte lost. However, it proved very fataU in the end, by the death of our king, who, deUghting to see the gunnes fyred frora the bat- terie upon this syde of Tweed, stood too neer a peece of ordinance, which, being overcharged, breakes all in peeces : A wadge therof unhappi ly kiUes the king, and hurtes George Earle of Angus, without kilUng or hurting any man else 222i MEMORIE OF upon the place." This was a fataU blow to the armie, but much more to the natione, in being depryved of soe vertuous and gallant a prince, in tiie very flower of his age, being then in the threttieth year therof. Advertisement being^gi- ven to the queen, she hastens thither with her young sone, the prince, then seven years of age, continued the seidge, and, lyke ane other Araa- sone, by her own example encourages the soul diers to be valorous, and to unnest from that hold the ancient eneraies of ther countrey, which had keeped that part of it soe mueh under sub jectione and slavery. At lenth, many of the buUwarkes of the castle being battered, and breaches made in severall places of the walles, the armie was ready to storme upon all quarters : Wherupon the garrisone, knowing ther oune dan ger, and dispairing of any releiff frora England, gave it over to the queen, who iraraediately razed it to the ground, that ther is litle at this day to be seen, save a few vaults beneath the ground, ^nd some smaU parseU of the waU standing herQ ' A bush, within the domain of the Duke of Roxburgh's park of Fleurs, still marks the place where James fell. The unlucky cannon was one of the hooped pieces of artillery used in the infancy ofthe art of gunnery. THE SOMERVILLS. 223 and there.' From the beginning to the end of this seidge, John Lord Somervill was present, ' The Dulse of Somerset, Protector of England, made an entrenched carap upon the site of Roxburgh castle, in liis re turn southwards after the battle of Pinkie. — See Patten's Narrative, propefnem. «' The plot and syte whearof hath bene in tyme paste a castell, and standeth naturally very strong vpon a hyll east and west, of an eyght score in lenth, and iii score in bredth, drawynge to narrownes at the easte ende ; the whole ground wherof the old walles doo yet enuyron. Besyde the heyth and hardines to cum to, it is strongly fenced on eyther syde with the course of ii great rivers, Tivet on the north and Twede on the sowth ; both which joyning sum what nie to- gyther at the west ende of it, Tyuet, by a large cumpas abowte the feldes wee laye in, at Kelsey dooth fall into this Twede, which, with great deapth and swiftnes, runneth thence east ward into the sea at Berwyk, and is notable and famous for ii commodities specially, salmons and whetstones. Ouer this, be- twyxte Kelsey and Rokesborowe, hath thear bene a great stone bridge with arches, the which the Scottes in tyme paste haue all tp broken, bycaus we shoold not that wei cum to them. Soon after ray lords graces survey of the plot and deterraina- cion to doo as rauch indeede for makynge it defencyble, as shortnes of the tyrae and season of the yere could sufiPer,'(which was that one great trench of twenty foot brode, with deapth according, and a wall of lyke breadth and heyth, shoold be made a cros within the castle from the tone sidewall to toother, and a xl foot from the west ende ; and that a like trench and wall shoold likewise be cast a travers within, about a quoyts cast from the east ende, and hereto that the castel walls on either syde, whear neede was, shoold be mended with turfe, and made with loop-holes, as well for shooting directly foorth- ward, as for flankying at hand ; the woork of which deuise did paake, that bisyde the sauegard of these trenches and walles, 224 MEMORIE OP being very serviceable to both ther majesties and the arraie, in causeing dayly provisione come in from his oune barronie of Lintoune and the ad jacent countrey about, being neerly aUyed to the Kers of Cessefoord and Faimiehirs't, that had the greatest comraand and estates in that part of the countrey. The seidge being brocken up, upon the surrender of the castle, and the armie dismissed, the Lord SomerviU haveing kissed the queen's hand, and the young prince, now king, he reteires to his tower of Lintoune to order his affaires in that barronie, the same being at a great distance from the main ofhis estate, which, at this tyme, lay within the sherifdome of CUdse- dale. The Lord SomervUl haveing setled his affaires in the south, he comes to Edinburgh, where, haveing visited the queen mother, and the young king her sone, reseiding then in the castle of Edinburgh, he found, by discourse, her majestie resolved to coraraitt the tutorie of her sone the the keepers shoold also be much fenced by both the ende walles of the castel,) the pioners wer set a woork, and diligent ly applied in the same." — Patten's Expedicion into Scotland, npud Dalyell's Fragments qf Scottish History, Edin. 1798, 4to, p. 86. THE SOMERVILLS. 225 king to non but herself; albeit her majestie was advysed and solicite to the contrary by severall ofthe nobilitie, who even then was beginning to draw in factiones about this very matter ; albeit the busines broke not furth untill the ensueing year, i46L The Lord Somervill, about this tyrae, became very intimate and inward with George Earle of Angus and Douglas; for this nobleman had the titles of both, since the for faulture of James Earle of Douglas, in the year 1457, in which year a great part of the estate and title was conferred upon Angus by King James the Second, notwithstanding that the Earle of Douglas was yet alyve, as he was for many years eftir this. With these noble raen, that stood in oppositione to the queen and her factione, did the Lord Soraervill joyne himself; and he is the first of the house of Lintoune and Carnwath that I find entered in any combina- tione, familiaritie, or freindship with them, not withstanding of ther greatnes, neer neighbour- head, and that they had once matched with the house of Loudenhill, that was then Douglas, in whose right they had the barronie of Carnwath ; and that his oune grandmother, by his mother, was a daughter of that famiUe of Angus, being daughter to GeiUes Douglas, who was only p 226 MEMORIE OE daughter to WUliam Lord of Liddesdale, that marryed GeiUes, or Egida, daughter to King Robert the Second, the first king of the name of Stewart ; and that the same lord, dureing King James the Second's reigne, and the life of his oune father, Lord William, was a declared ene mie to that familie : But this may be supposed to be upon noe other ground but because they wer at variance with ther prince, to whom this young nobleman still adhered, as in duety and allegiance it became him ; the name of Douglas being at variance amongst themselves, and de vyded upon this very account ; for ther was not a greater enemie to the Earle of Douglas then this George Earle of Angus, with whom the Lord SomervUl joyned in freindship upon the publict account, which was a presage of that neer affinitie that should be betwext ther farai lies the next generatione. 1461. This bussines of the factiones not being yet come to any maturity or outbreakeing, the Lord SomerviU goes west to his house of CowthaUy, where, understanding that his cousine and neigh bour. Sir Gilbert Herring of Edmondstoune, in Cliddesdale, being non of the frugalist, was dila pidating and makeing away much of his estate by wadsetts, and some by absolute venditione, a THE SOMERVILLS. 227 thing unusuaU in that age, for a man to part with his father's inheretance ; and, in effect, in that and the preceeding, it was not in use to sell lands : The only way of coraeing to them was one of these four wayes, by foirfaulture, mar riages, donationes, and excarabione ; and it is 'beyond all controversy, most ofthe great estates of Scotiand, before the year 1500, carae that way. Howbeit, it wiU appear, frora evidences in my custody, and that I have seen of others, that the buying or selling of lands was beginning tO be in use about the year 1400 ; for excarabione of land, and great mens giveing of lands for services done, and to be done, was ordinaiy and frequent upon the account of keeping up ther feedes/ Yea, marriages themselves was made up ' Feuds. It may be remarked, that as alraost all the lands granted by the great barons to their vassals were held by mili tary service, and were frequently granted to them only for their own lives, the field of battle was often the place where the vassals demanded that their sons should be secured in their father's possessions by the feudal superior, a reraarkable in stance of whieh occurred in the battle of Brechin. " The Earl of Crawford assembled a great army ofhis allies, kindred, and friends, with the whole folks of Angus ; and thereafter, when the Earl of Huntley was marching towards Angus, the Earl of Crawford camped his folks beside the town of Brechin ; where both the armies coming in others sight, rushed forward in ar? rayed battle upon other. It was long foughten with great 228 MEMORIE OF upon that consideratione, and bands of man drey granted, as is evident from this nobleman's cruelty and uncertain victory, till that a company of fresh men carae to renew the battle, taking the advantage of the know- side, who came so fiercely on the Earl of Huntley's vanguard,, that they were compelled to settle a little back ; the which when the Angus men perceived that they were put back, and having advantage, they carae more fiercely upon thera than before, and, naraely, upon the place sorest charged. But in the meantirae a captain of the Earl of Crawford's, to wit, John CoUess of Bonyraoon, who had in governance three hundred able men, well armed, and bore battle-axes and halberts, with other short weapons, this John CoUess fled from the Earl of Crawford traitorously, and caused others to flee with him, where through he tint the field : And because the laird desired llis son to be put in fie of his lands, who were holden of the Earl of Crawford, with other commodity and gains, that this laird desired at the Earl of Crawford's hands ; who answered him and said, the tirae was short, but bade hira do well that day with hira, and prove a valiant raan, and he should have all his desire and raore : But the Laird of Bonyraoon, not con tented with this answer, passed frora him with a grief, and ar rayed his men and put them in order, as he would have fought en most furiously ; but when he saw his time come that he should have rescued the Earl of Crawford, who was fighting then cruelly, the said captain drew hiraself aside cowardly, and made no support to the said earl, who, seeing his men depart ing from him treasonably, by command and convoy of this cap tain, he was constrained to flee for safety of his life." — Pitscottie, p. 42. From the same naive historian we learn that a sirailar in stance of ill-tiraed parsiraony facUitated the destruction of the religious house called the Chartreaux, in Perth, at the begin ning of the Reformation. " John Knox having preached open- THE SOMERVILLS. 229 practice* which shall be spocken to eftirward. The Lord SoraerviU finding it fitt and propper for himself to make a purchase of the lands of CarsewaU, that lay within his barronie of Carn wath, and. held of hiraself, upon the twentieth and second day of February, 1461, he enters into a contract with Sir Gilbert Herring of Ed mondstoune, wherin the said Sir Gilbert, with consent of his wife, Darae Elizabeth Ramsay, wodsettes to John Lord SoraervUl, his heires or assignayes, the lands of Carsewall, with the per ly after dinner, they destroyed all the idols in the town. There after assembling on the bridge, they caused John Knox to con ceive a prayer to God Almighty, to direct them to do that which might serve most for the glory of God and good- of his kirke. Then they concluded to pass and demolish the Charter house. But the prior, suspecting their purpose, had brought down his tenants of the highlands of Athole to defend the place. They, knowing their hazard, desired the prior to put their wives and eldest sons in tlieer tacks, which, if he would do, they promised to hazard their lives in his defence ; but the prior refused this. Then they desired the prior to give them wine, and of his best drink, to encourage them ; which was also refused, and nothing given to them but salt-salmond and sraall drink ; whereby they had no courage when they had most ado. The congregation sent the Laird of Moncrief, being the prior's kinsman, to Counsel him to leave idoletry, and serve God ac cording to his word: But he refused to obey their desire; whereupon the congregation passed to the Charter-house, took forth the prior, spoiled the place, and gave the spoil to the poor.— /foe?, p. 203. 230 MEMORIE OF tinents, lying within the barronie of Carnwathi for the sourae of twelve score of merkes Scots, four score wherof to be payed to himself, and eight scorse of merkes therof to be payed to Robert Ramsay of CoUurehope. In this con tract the Lord SoraerviU is obleidged to give ane leice of reversion e in favours of the said Sir Gilbert and his hehes, with ane obleidgeraent, that upon the payment of the twelve score merks, the said Sir Gilbert, or his heires, should be reponed to the lands of Carsewall. Preceed ing this indenture, I find Sir Gilbert Herring had disponed the very same lands of Carsewall irredeemably to Thoraas Soraervill of Batla, with consent of Dame Elizabeth Ramsay, and that upon the thertteinth day of March, 146I, wher upon ther foUowes charter and seasing, dated the fyfteinth day of September the sarae year ; ther being as witnesses in both, Thomas SomerviU of Cambo, and William Somervill of Newbigging. 1462. In the year 1462, falles out the dissentiones amongst the states, anent the electione of a go vernour and protector for the young king, James the Thhd.' The greatest part of the nobilitie ' All this pretended dispute seems to be fabulous. Our au thor followed Buchanan and Godscroft. — See PiNKETiroN's History, vol. I. p. 247. THE SOMERVILLS, 231 withstood the queen ; and such as joyned with her, a conventione being caUed, the queen, by her oune factione, gettes herself declared tutrix; wherupon the nobilitie upon the other syde, be ing headed by George Earle of Angus, and James Kennedy, Bishop of Saint Andrewes, comes to the cross of Edinburgh, where the bischope made a speech to the people, intiraateing that their in- tentiones was nothing else but to observe the an cient custome, in maintaineing the old law and priviledges of the natione, which was for the nobUitie to choyse a persone, one or more, as should be thought fitt for soe great a trust. This speech being ended, as they wer reteire- ingj some informed that these in the castle, be ing the queen's party, wer coraeing to assalt thera. Wherupon the Earle of Angus wotdd needs fight thera, albeit nether hiraself nor these nobleraen with him wer armed, expecting noe such thing, but was advysed to the contrary by John Lord Somervill and John Lord Kennedy, the Bishops of Glasgow, Galloway, and Dun keld. In the mean tyrae, mediating betwext the parties, the busines was composed, and assu rances given for a moneth, att the expyreing wherof both parties being mett peaceably, they agreed that four should be choysen, two of each 232 MEMORIE or syde ; for the queen's, WUUam Lord Grahame, and Robert Lord Boyd, then chanceUor, sayes the author of the Historie of the Douglasses;. but, by his favour, he is mistaken; George Chorse wood, Bishop of Brichen, still officiat in the qua litie of chanceUor, untill the year eftir this elec tione, as is evident from the publict catalogue of our chancellors, and many privat evidences yet, extant, wherof ther is some in my oune custodie. But these mistakes are ordinary of wrytters, advert not weill to the tymes of publict rainisters incomeing and outgoeing from ther places of publict trust. The nobiUtie, upon the other syde, choysed Robert Earle of Orknay. This nobleman, in the third degree, was cousine to John Lord Somervill ; the other was John Lord Kennedy, related to the royaU famUie by his grand raother. Some tyme before this electione, George Earle of Angus and Douglas dyed. His sone Archibald, the sexth Earle of Angus, being a childj succeeded to him. This noble man eftir ward was coraraonly called Bell the Catt, upon the answear he gave unto the counsell held at Lauder Bridge long thereftir. This electione being over, and the four regents established by the repreSentatione ofthe natione in ther autho ritie, the nobilitie upon both sydes returnes to 6 THE SOMERVILLS. 233 ther respective dwellings, as did the Lord Soraer vill to CowthaUy : Where I find, araonst other of his private concernes, he takes a band of raan- drey of his cousine, the Lahd of Closseburne, the tyrae of the king's minoritie beginning to grow gloomy, and that because of the insolency of the Boydes, (as the great men pretended,) who now manadged all under the queen, sel dorae or never consulting or advyseing with the other three. Angus being now dead, his sone young, Bishope Kennedy old, altogither unfitt, or at least unable^ to attend the counseU, a storrae was expected ; thairfore every man of qualitie provyded as weill as they could for ther oune safety and strenthening of ther party, by bands of mandrey, or bands of protectione, from persones of greater qualitie and following in the same country where they lived theraselves, or elsewhere, as ther affectione or interest led thera, as did this Lord SomerviU from the Laird of Closseburne, which I wiU transcribe here, that the tenor and forme of a band of mandrey, then in use, may be knowne and remaine for the fu ture, seing most of thera are but short and easily lost, if they be not the better looked to araongst the multitude of papers that for ordinary most 234 MEMORIE OE of the nobUitie and famiUes of any antiquitie hes in ther charter chists. The Tenor of the Band of Mandrey followes.^ « Be it kend till aU men be thir present let ters, me, Thomas of KUlpatrick, Laird of Closse burne, and sydesman to ane honourable lord, John Lord SomervUl, for all the dayes of my life ; and ob- leidges and binds me to the said lord, be the faith of my body, and be thir my present letters in manred and sworne counsell ; and to be with him as freely in all actiones, and causes, and ^ These bands of manred, or manrent, did by no means ne cessarily infer the constant or habitual dependence of the party granting upon the party receiving them. They were tempo rary arrangements of alliance, in which particular family cir cumstances, or large benefits received, induced chieftains, otherwise independent, to unite themselves for a time under a common head or protector. The ancient and distinguished family of Kirkpatrick was at this time nearly connected with that of Lord Somervill. Thoraas Kirkpatrick was either his brother-in-law or his nephew, by the mother's side ; and he was also brother-in-law to the Laird of Sanquhar, as appears from a charter, 29th Noveraber, 1509, by which Robert Lord Cregh- ton of Sanquhair grants " to an honourable man and his bro ther-in-law, Thomas Kirkpatricke of Closeburne, Knight," the ward of the lands of Robertmure. THE SOMERVILLS. 235 quarrells pertaineing tiU him, baith in peace and in warre, against aU that lives and dyes may ex cept and my alleadgeance to our soveraigne lord the kmg, and to my and my service to SirRobert of Crichtoune, the Laird of Sanquhair, for the tyme of three years next eftir following the date of thir present letters. In witnes of the quhilk thing, I have set to my seall att Cowthally, the twentieth and fourth day of the moneth of Oc tober, the year of God 1462 years. Before thir witnesses, Thomas Soraervill of the Latla, Sir John of Carnwath, Chaplane Thoraas Tellfer, Patrick of Nisbett, and Mr John of Craufuhd, nottar pubUct." Mary Dowager of Scotland, and raother to the 1466. present king, a lady of erainent virtue and sin gular pietie, haveing founded the Trinitie Col- ledge Church and Hospitall of Edinburgh, and endued the same with competent revenues, sick ned in the year 1466, and, eftir some short lan- . guishing, dyed the sarae year, and was buried, with all the solemnitie and ffuneraU rites usuall in that tyme, in the church built by herself. It was in this year, upon the tenth of JuUy, that John Lord SomerviU, by being accessery and 236 MEMORIE OF upon the plott of surprizeing of the king, and carrying him to Edinburgh, eftirward upon the change ofthe court, and the faU ofthe Boydes, went neer to have foirfaulted both his life and fortune, ifhe had not been secured more by the king's particular favour then that act of parha ment wherupon the Boydes soe much relyed. Drummond of Hathernedean, being full in this particular, I conceave it more propper in this place to give his relatione then mine oune, as to the wholl of that affair. *' The king," says this author, " as he in- creassed in years, increassed in strenth and abi litie for exercise, aither of recreatione or valour. By the regents he is given to a brother of the Lord Boydes, to be bred in all knightly pro- wesse, a man singular for his educatione abroad and demanour at home. The Kennedies war now aged, and became tyred to give such assi duous attendance att court as they war wont, and the tyraes requyred; the Lord Boyd, by the weaknes of his co-partners, governed the state alone, as Sir Alexander, his brother, did the. young king, to whose naturall incUnatione he did soe comply and conforme himself, that he had the wholl trust of his affaires ; and the king had noe tiiought but his. Soe soon as the king THE SOMERVILLS. 237 began to know hiraselfi he turned irapatient of being subject to the lawes of minoritie ; and that he hiraself should be restrained by that au thoritie which did deryve it's right frora hira, he began to loath the superintendency and govern ment of others, and to affect ane unseasonable priviledge— to be at his oune disposaU and the governing of himself: many things are done without the advyce and consent of the govern ours, and occasione is sought to be disburdened of ther authoritie. The Lord Boyd and his bro ther Sir Alexander, in a litle tyme increassing in greatnes, and haveing ane intentione to trans- ferre the power of the state and glory of the court to ther famiUe, faiUed not to find opportu nitie to free the king from the severity and rigour of the governour's schooUing ; and, to frame hira ane escape, whilst the king reraained at Linlith gow, the Lord Hales, the Lord SomervUl, Sir Alexander Ker of Cessefoord, and Sir Alexander Boyde, agree upon a match of hunting, and will have the king umpire of the game. Airly in the morning foUowing, the noble men and gentle men who wer upon the plott failled not in ther attendance. The king, being a myle off the toune, and holding the way towards Edinburgh, the Lord Kennedy, whose quarter it was then to 238 MEMORIE OP attend, and who had leasurely followed, suspect ing this hunting to be a game of state, the king continueing his progresse, laying his hands upon the reines of his bridle, requested him to turn again to Linlithgow, for that he perceaved the tyme was not convenient for him to goe further ; nether was it a convenient match in absence of his best deserveing followers. Sir Alexander Boyde, impatient that the king should have been thus stayed, eftir injurious words, stroke the re verend governor with a hunting staff upon the head; and took the king alongst with him to Edinburgh, where, at a frequent meeting of the states, the Kennedies urged to have the king continued under minoritie ; the Boydes urged that he might take the governement in his oune persone. Eftir long contestatione, wisdom be ing overcome by boldnes, the authoritie of the better partie was forced to give place and yeeld to the wiU of the greater. Thus the factione of the Boydes prevailed." 1467. Notwithstanding of this advantage the Boydes and ther partie gott over the Kennedies and ther factione, in having the king's persone with them att Edinburgh, who, now takeing the governe ment upon himself, was wholly counseUed by them, yet began they to be apprehensive of ther THE SOMERVILLS. 239 oune danger in bringing the young king, by ther private contryveance, without the consent or approbatione of the other governours, to Edin burgh, for the assumeing the governement in his minoritie. Thairfore, the Lord Boyd being much pressed by John Lord SomervUl, Adam Hep burne, Lord Hales, Robert Ker of Cessefoord, and others of the factione, but by the three for mer mostly, being neerer related in kindred by affinitie and consanguinitie, and being principaU contryvers and actors with them in that state- hunting ; thairfore, for ther oune securitie, and those that joyned with them, they craved an ap probatione of ther innocency, and, to warrand them from this danger, that the kings majestie in parhament might declare publictly, as he did, that the Boydes and ther adherers were not the autheres nor projectores of that bussiness, but only the assisters of him and his followers, being not the formall, but instrumentall causes of his coraeing to the helrae of the state himself. That these wer soe far from being obnoxious to any blame or reproach for this deed, that they de served immortall thankes and ane honourable gourdian in all tyme to corae, haveing obeyed hira in that which was raost just, honest, and ex pedient for the weiU of the kingdome. Upon 240 MEMORIE OF this declaratione, the Lord Boyde and these other lords that were partakers with him in that actione, requyred the declaratione might be re- gistered araongst the acts of parhament, for ther vindicatione and future securitie, which they ob tained. However, as to the Boydes, it had not that successe and effect they hoped for, but was to thera as a reed of Egypt in ther greatest ne cessitie. 14,68. In this year, 1468, upon the twentieth and fourth day of November, ther is ane inqueist held att Carnwath, before John Lord Somervill, wherin John Livingstoune is served heir to James Livingstoune, his father, to the third of the lands of Newbigging; and upon the third of January 1469. thereftir, 1469, John Lord SomerviU grantes a seasing to a husband land, within the toune of Quathquan, in favours of Thomas Chorsewood, sone and heir to Thomas Chorsewood, nephew to umquhile Bishop of Brichen, Chanceller of Scotland. Ffrom the year 1466 to the year 1474, I find not the Lord SomerviU concerned in the publict transactiones of the state, nor private in- tertainements or attendance of the court, untill 1474. JuUy, 1474,' at which tyme the king being dis- ' The very curious story which follows must be taken on the authority of tradition. The embodying it with so many THE SOMERVILLS. 2f I ; posed to take 'his pleasure at tiie poutting in Calder and Carnwath Muires, he acquaintes the Lord; SomerviU. with his resolutione* who, by ac-; cident, was then at court; his majestie being pleased withall. to shew him he. was resolved for some dayes to be his guest.' Wherupon the Lord Somervill immediatly dispatches; ane, expresse to Cowthally (who knew nothing of the king's journey,) with. a letter to his lady. Dame Marie BaiUzie, wherin, according to. his. ordinary cus tome when ,any persones of. qualitie wer to be with him, he used to wryte in the postscript of. his letters, Speates and Raxes;' and in this let ter he had jedoubled the same wprds, because of the extraordinary occasione and worthynes of his guest. This letter heing delyvered, and the messenger withall telling his lord was very press ing, that it might be speedily and securely put in her ladyship's hands. ; wherupon she hastily breakes it up, coraraanding the.stewart to read the sarae, because she 4Jould read non herself. circumstances was undoubtedly the work of the author himself, who in this, as well as other passages, seems to be ignorant that an affectation of extreme minuteness and pre cisio gives no small cause for suspicion in such cases. ¦ Spits and Ranges i the latter being the appendage to the kitchen grate, on. which the spits turn. 242 MEMORIE OF This gentieman being but lately entered to his service, and unacquainted with his lord's hand and custome of wrytting, when he comes to the postscript of the letter, he reades Speares and Jacks,' instead of Speates and Raxes : wherupon, my lady all amazed, without considering her husband's ordinary forme of wrytting, falles a weeping, supposeing her lord had fallen at vari ance with some about the court, the king begin- ning about this tyme to discountenance his an^ cient nobilitie, and they again to withdraw both ther affectiones and due aUeadgeance from him. Eftir the reading of the letter, James IngUs of Eistscheill was presently sent for, and com- mandement given to hira and the officers, that all the vassalles, with the able tennents that wer within the two barronies of Carnwath, Carabus nethen, and baillzierie of Carstaires, should be ready with ther horse and armes to wait upon WUliamCleiUandof that ilk be eight in the morn ing the ensueing day, and that in order to ther going for Edinburgh. This comraand being punctually observed by the vassaUes and the ' Spears and Jacks; the latter were doublets of leather, quilt ed with plates of iron, the common armour ofthe irregular ca valry of the period. THE SOMERVILLS. £43 substantiall tennents' that wer in use, and ob leidged to ryde, by ther holdings and tackes, up on such occasiones, they conveened to the num ber of two hundred, with the laird of CleUland, and WiUiam Chancellor of Quathquan, with the BaUlzie upon ther heads.* By eleven a clock they wer advanced in ther journey for Edinburgh to the syde of that hill that is somewhat bewest the Corsetthill, His majestie haveing breakfast ed by nyne in the morning, had taken horse, and was corae the lenth of that little watter a myle on this syde of the Corsetthill, bussie, even then, at his sport upon the rode, when the first of all the little company that was with him observed the advance of a troope of men with ther lances, within a myle of him, or thereby. Wherupon, aU astonished, he calles hastily for the Lord So mervill, who, being at some distance, carae upon the spurre. The king being of ane hastie nature, in great fury demanded what the matter mean- ed, and if he had a mynde to betray him and seize upon his persone the second tyme by ane * In the last leases of Jedwood forest that were let by the late Duke of Douglas, the tenants were bound to attend him with two well-armed horsemen at least for each farm. ' i. e. at their head, 244 MEMORIE DF other treacherous hunting ; and withall swear ing his head should pay for it if he himself esca ped the hands of these traitors, who could be noe other but his vassalles and followers, brought to gither off purpose for some iU designe. The Lord SoraervUl, without making any reply, im mediatly castes himself from his horse to the ground, and falles upon his knees, protesting, with many solemn oaths, that he understood not what the matter meaned, nor what the company was, nor the cause of ther being in yonder place, thairfore he humblie begged of his majestie that he would, allow hira to goe see what they wer, friends or foes; and, for securitie, he had with hira his eldest sone and heir WiUiara, Barrone of Carnwath ^ iff all was not weiU, and his majestie safe, frora aU hazard, he desyred that his sone's head raay be strucken off upon the place. Ibis the king acceptes, and coramands him to ryde up and discover what they wer, and the intent of ther being ther ; and, according as he found occasione, to returne or give a signe for his re teiring. In the mean tyme, his majestie, with his traine, being about twentieth horse, placed them selves upon the hight of the muir, to marke the Lord SomervUl's goeing, and the carriage of the horsemen they beheld, who now made ane THE SOMERVILLS. 245 halt, when they first observed the" king's com pany, not knowing what they wer ; but seeing them draw togither they apprehended they wer noe freinds : thairfore they resolved to, advance noe further, seeing a horseman, comeing up to them with aU the speed he could make, untill they knew for what intent he carae. The Lord SoraerviU was yet at sorae distance, when he was presentiy knoune by severall of the. corapany to be ther lord and raaster, wherupon the laird of CleiUand, and WUUam Chancellor of Quathquan, gaUoped out to meet him. He was not a litle surprized when he saw them, and demanded the occasione that had brought thera togither in tbat posture and number. To which they answeared, Itwasby his lordship's directione and his ladye's comraand : that they wer coraeing to Edinburgh to waitt upon hira, fearing he had fallen at vari ance and feed with sorae one or other about the court. He desyred to see the letter. They told him the baUlzie had it. By this tyme they wer joyned. to the company, where, calUng for the letter, he. made the sarae to be read, where, ther was noe such directione nor. orders given as they pretended. He enquired who read the letter to his lady: they: answered his new Stewart, who being present, was coramanded to read it again. 246 MEMORIE OF which he did, and comeing to the postscript, reades Speares and Jacks, insteed of Speates and Raxes ; and herein lay the mistake, that the Lord SomervUl knew not whither to laugh or be an gry at the feUow. But myndeing the fear he left the king in, and what apprehensiones and jea lousies his majestie might intertaine upon his long communing with them, he commanded that they should depart every man to ther respective dwellings ; and he hiraself, with the laird of CleU.! land, and severall other gentlemen, returned to the king, who remained stiU upon the same place where he had parted from him, unto whom be ing come he relates the wholl story, whereat the king laughed heartily, caUes for a sight of the letter, and reades it himself, swearing it was noe great mistake, for he might have been guUtie of that error himself. His majestie haveing given back the letter, it went from hand to hand araongst these few courtiers that was there, as they proceeded in ther journey, the letter itself containeing noe matter of any consequence but a naked complement the Lord SomerviU had written to his lady. This is that story of the Speates and Raxes soe much discoursed of then, as It is to this day araongst persons of qualitie ; for of late the Duke of Lauderdale, when he was THE SOMERVILLS. 247 coramissioner, at a full table of the greatest part of the nobiUtie in Scotland, then dyneing with him, related the wholl story allmost in the sarae termes that I have set it doune. The king being come to Cowthally, he had his intertainement great and his weUcorae heartie, albeit my Lady SomervUl was sorae what out oi' contenance, aU the discourse being anent the ^jeares and Jackes, which the king could not forget, thinking it both a good sport and ane easy mistake, because of the neer spelUng and sounding of the words ; and, withall, his majes tie was pleased highly to coraraend the Lady So mervill's love and respect to her husband, in be ing so active and dUligent to conveen soe quick ly her husband's friends and foUowers, in caice ther had been any necessitie for thera, telling my lady that he hoped she would use the same care and diUigence to conveen her lord's followers when he should call him and thera to his service. It being noysed abroad that the king was at CowthaUy, aU the gentry, for the most part, in the countrey, came to wait upon his majestie, which, with the curiosity ofthe countrey folke comeing to see the king, raade a great confluence of peo ple, soe that at least three or four hundered had dinner there every day, which gave the first oc casione and publict report of the Lord Soraer- 248 ' MEMORIE OF vill's great house keeping,' and that they spent a cow every day, which' might be true at this tyme, for tiiey were not within three or four" a day, besydes many sheep, dureing the king's abode ; and how long that was I find not, only it may be supposed that it could not be lesse then sc week, seing his majestie carae only furth for his recreatione and sport of balking, it being the only fitt seasone for h, and noe place in Scot land could affoord him better poutting then the muires of Carnwath, being then ane wildernesse of heather be what they are in this- agCj for a great part of them are now in corne lands. The king haveing spent some dayes at balk ing, reraoves from Cowthally towards the pa lace of Linlethgow, haveing, before his goeing, thanked the Lady Somervill for his plentifuU fare and kynde intertainement, telling her that •her speates and raxes had been weill imployed since he came to her house; and, withall, his majestie desyred her eldest sone John, who was then ane handsome boy, might be sent to court, and he should take care of his breeding and pre ferrement. Soe fortunate was this youth, that even yet whill he wa'S a young boy the king had a lykeing to him, for at this tyme he was noe * There is a blank here in the MS. THE SOMERVILLS. 249 tnore but fourteinth years of age ; but what his present majestie: carae short off in perforraeing ofhis proraise, because of the many troubles he created to himself dureing his reigne, by mis trusting his nobUitie and imploying mean per sones in the greatest; affaires of state, his sone, King James the Fourth, made good abundantly by honouring and enriching this young gentle man, wherof we will have occasione to discourse eftirward. The Lord SomerviU attended his majestie to Linlethgow, and from thence to StirUng, where, takeing his leave, he was dismissed with soe large a testimonie of the king's kyndenes and favour, that, notwithstanding that he and Archibald Earle of Angus, nick-named Bell the Catt, was intimate enough and great friends, yet he could never be perswaded by hira, nor any other of the nobilitie, to enter into any combinatione against the king, albeit he dislyked his raajestie's wayes and dealUng with his nobilitie as rauch as any of them did, holding this for a sure maxime, that both the persone and government of a prince are sacred, and are not to be medled withall ; noe miscarriage of the one, nor raismanadgement of the other, can warrant a rebellione : and such is all ryseing inarmes, or combinationes of the sub- S50 MEMORIE OF jects, against ther prince, let them vernish never soe weUl ther specious pretexts with religione, the safety ofthe state, ther oune previledges, or proppertie of ther estates. The king and the no bUitie being in thir termes, the Lord Soraervill mynded his affaires at home.' His eldest sone * One of these affairs seemes to have been a lawsuit with some of his neighbours on the borders, for alleged injustice done upon an inquest touching the lands of Blacklaw, in Rox burghshire, not very far from Lintoun. — " Anno 1476, XX° Julii. In ye actione and cause, persewit be Johne Lord Sy- mervale againis Andro Ormestoun of yat ilk ; John Amyslie of Dolphinstoune ; Greorge Ruyirfurd; Thomas Ker of Ferny- hirst ; William Dowglass ; William Kirktone ; James Dowglass ; William PringiU ; William Dowglass, brodir to George of Dow glass of Bonegedworth ; Thomas Madur; Arnald Gourlay; Henry Amisle ; Alexander Ramsay ; Johne Tumebidl of Phirth ; and William Dalglesch, anent ye wrangwiss determinatioun and deliverance of ye saidis persouns in ye seruyng of a brefe purchest be ye said William ye ye decess of vmqhile Thomas Symervale, his faidir, of ye landis of Blacklaw, lyand within ye baronery of Lyntoun, ye said William beand present, be his procuratouris and ye said Johne of Amysly, William of Kirk tone, Johne Turnebull, Thomas Madur, and William Pringill, be yar procuratouris, and ye oyir persouns of ye inquest above writtin, beand lauchfully summond oftymes, callit, and nocht comperit, ye lordis auditouris of causs and complaintts ordanis yat ye said persouns of ye inquest yat are nocht comperit be summond, agane to comper before ye lordis ye ferd day of Oc tober nixt to cum, with continuatione of dais, to answer in ye said matter, efter ye forme of ye said summondis, vndir ye pain of rebellione, and letres to be writtin yar uppone, and at ye said Johne of Amyslye, William of Kerktone, John Turnebull, THE SOMERVILLS. 25 ) WiUiam, Barrone of Carnwath, as he is designed in all the evidences that I have, being now twen tieth and two or twentieth and three yeares of age, his father resolves he should marry ; and, in order to this, he procures a very honourable match for him, Marjorie Montgomerie, eldest daughter to Hugh Lord Montgomerie, eftirward Earle of Eglintoune. The contract is dated at Glasgow, the first of Apryle, 1476; the condi tiones being upon the Lord SoraerviU's part, that he should infeft his sone in the barronie of Carn wath and barronie of Lintoune, and the lands of LoudoUne, within a moneth eftir the date of the contract : the tocher, four thousand raerkes, pay able at four termes eftir the solemnizeing of the marriage, which was performed at the house of EgUntoune the thretteinth day of June, 1476. The Lord SoraervUl haveing setled his eldest 1476. sone in the year 1476, and gotten hira confirmed in his estate by a charter under the great seaU,, was content to sitt still as ane spectator to be hold the many tragedies that was acted dureing Thomas Madir, and William Pringill, comper ye said day per- sonaly, or be yar procuratouris at yar will to ansuer in ye said mater, and letres to be writin to warne yaim yarto.'^ — Records qf Parliament, p. 215. Q52 ' MEMORIE OF this king's reigne, and the last worst of aU ; for, from the death of John Earie of Marr, the king's youngest brother, who first began the dance, and shortly thereftir dyed of a plurisie arid too much letting of blood,' to the king's oune death,. ¦ Pitscottie, with his usual naivete, draws a striking picture of the three royal brothers, and the difference of their manners and dispositions : — " The prince had two brether, the eldest called Alexander Duke of Albany and Earl of March, was very wise and manly, and loving nothing so well as able men and good horse, and made great cost and expences thereon ; and for his singular wisdom and manhood he was esteemed in ^1 countries above- his brother the king's grace; for he was so hardy and manly with all the lords and barrons of Scotland, that he was holden so in estimation that they durst never rebeH against the king so long as he rang in peace and rest with his brother the king's grace for his manhood. This Alexander was of mid stature, broad shouldered, and well proportioned in all his members, and especially in his face, that is to say, broad faced, red nosed, great eared, and of very awful countenance when he pleased to shew himself to his unfriends. But the king's grace, his brother, was far different from his qualities and com plexions ; for he was one that loved solitarieness and desert, and never to hear of wars, nor the fame thereof, but delighted more in musick and the policies of bigging, than he did in the go vernance ofhis realm. He was also wondrous covetous m con- quessing of money, rather than the hearts of his barons ; and he delighted more in singing and playing upon instruments, than he did in the defence of the borders or administration of justice, the which, at length, caused him to come to ruin, as ye shall hear hereafter following. But we return to the third hro ther, John Earl of Mar,, who was young, fair, and lusty, and one of high stature ; fair and pleasant faced ; gentle in all his THE SOMERVILLS. 253 ther was nothing but combinationes, plottings, and conspiracies amongst the turbulent and fac tious nobilitie, as would have incensed themyld- est and meekest of princes, and disturbed the best of governments. All the severaU circum stances and particular actings of these tymes, is soe. faithfully and fully related by the excellent pen of that truly worthy gentleraan William Drummond, Laird of Hathornedeane, who, in his Historie of the Fyve King Jameses, hes given the world a better account of these tymes, and the persones that was most active in them, then aU that ever wrote, before hira. Soe that whosoe will be pleased to search out recordes, publict or privat, relateing to these tyraes, will find that nothing of any raoraent hes escaped him that was fitt to committ to historie, or to acquaint the suc ceeding ages with. As for the Lord SomervUl he raentiones hira not from the tyme of the king's takeing upon him the governement in his oune persone, wherin the Lord Soraervill had a behaviours and manners ; and knew nothing but nobility, using much hawking and hunting, with other gentlemanny pastime and exercises, with knightly games, as entertaining of great horses and mares, wherof the offspring might flourish, so that he might be stoked in time of war." P. 72. 254 MEMORIE OF hand at the tyme, when the king, upon the ac count of the pretended hunting, was brought from LinUthgow to Edinburgh castle, which makes me apt to beleive that the Lord SomerviU hes been wholly averse from the actings of the nobUitie, both at Lauder-Bridge, and eftirward to the very end of this king's reigne : thairfore, what remaines of this lord's memorie relates to his private affaires, wherin I shall be alse breiff as H78. possible.' In the year 1478, the Lord SomerviU sends his eldest sone of his second marriage, na med John, to court, being now of the age of eighteinth, where he was kyndely receaved he ' About this time Lord Somerville was engaged in a lawsuit with Janet Lady CraigmiUer, the widow of William Somerville, from whom, it seems, he had detained her third part of move ables, including goblets, silver spoons, and money, the property of her late husband.—" Anno 1478, XX' Martii. The lordes auditouris decretis and deliuiris yat Johne Lord Somervile sail content and pay to Janet Lady of Cragraillar, ye thrid part of ye IX"^ of demyis ; ye thrid part of thre chaldir of atis ; ye thrid part of xi siluer peces and v gobblatis ; ye thrid part of sex siluer spwnys ; ye thrid part of xl ky and oxin, and zong nolt perte- ning to ye said Janet, be ye decess of vmquhile William So mervile, hir late spouss, becauss ye said Johne Lord Somer vile oiftymes callit and nocht comperit failzeit in his pruf ye day assignit to him yarfor, and ordanis letres to be writtin to detrenze his landis and gudis herfor." — Records, ut supra, p. 249. THE SOMERVILLS. ^55 the Lord Evandell, then chanceUor of Scotland,' and within few dayes by hira presented to the king, who reraerabered him very weiU since his being att Cowthally, and the desyre he then had of haveing this young gentleman at court. Thair>- fore he commands his stay : now, according to his former proraise, he will shortly see to his pre ferrement. However, I find not that he attain ed to any dureing his two yeares stay at court, and it was happy for him that it was soe ; for the bussines of Lauder Bridge* foUowed shortly ther eftir, wherin this gentieraan might have suffered as weill as others in the lyke conditione, which his prudent father foirseeing, recalles his sone from court in the year 1480; and, to setle hira 1480. at home, conferres upon him the toune of Quath quan the same year ; unto which right of the fa ther, I find this gentleman's eldest brother, WiUiam Barrone of Carnwath, consentes, who ' Andrew Stuart, Lord Evandale, the natural son of Sir James Stuart, and grandson of the Duke of Albany, held the office of Chancellor of Scotland from 1460 to 1482. * Where James Earl of Angus, and the other nobles, seized on the favourites of James III. and hanged them over the bridge at Lauder. John Ramsay of Balmain was spared on ac count ofhis youth, and perhaps from some remnant of respect to the king, to whose person lie clung in the hour of danger. 256 MEMORIE OF was standing in the fie of that whoU barronie by vertue of his contract of marriage, these being the first lands that Sir John SomervUl, efthward Barrone of Cambusnethen, had from his father Lord John. He for ordinary, notwithstanding of his haveing of Carabusnethen, designed hiraself Sir John of Quathquan. That this gentie man might not want iraployment, and to divert hira from the thoughts of returneing to court, wherin there was nothing but jealousies, feares, and ha zard of being ruined,' upon the fyfteinth day of October, 1480, his father grants him ane factorie and right of baUlzierie, to. the fourth part ofthe barronie of Stenhouse, which was then in his pos sessione, as heretor therof. Fyve years eftir this he grantes a seasing to him of the lands of Breuchallburne, within the barronie of Cambus nethen, which he ratifies and renues upon the i486, tenth of May the succeeding year, 1486. Thir lands of BreuchaUburne, with CrindeUdyke and Feramingtoune, did belong to Robert Logane of RestaUrig, and wer given to his predecessores by Thoraas Lord Somervill, when he marryed his daughter ; but, as it appeares, these lands hes been reconqueist by this Lord John, and confer red upon his eldest sone of his second marriage, as aU the rest of the barronie of Cambusnethan THE SOMERVILLS. 257 was, upon his marrying EUzabeth Carmichaell, daughter to a younger brother of the Captain of Craufuird, and half sister to Archibald Earle of Angus, nicknamed Bell-the-Catt. The same year, in JuUy 1486, his brother WiUiara, Bar rone of Carnwath, Lord John's eldest sone, dyes, and leaves only two infants, John and Hugh, to his father's care and his brother John of Quath quan, the which how he perforraed will eftirward appear. This year was reraarkeable in Scotland for the death of Queen Margaret, a good and vertuous lady, who dyed and was buryed att Cambuskenoull the twentieth and nynth of Fe bruary, 1486 ; andin England, for that Hendrie Earle of Richmond came with some companies out of France, (off which that famous warrier Bernard Stewart, Lord Oubany,' brother to the Lord Darnley in Scotland, had the leading,) which, by the resort ofhis countreymen, turned into ane armie, and encountered Richard, then king, att Bazworth, where he was killed, and Hendrie proclairaed King of England. To which victorie it was uncertaine whither vertue or for tune did more contribute. Aubigne. R 258 MEMORIE OF 1487. In the moneth of October, 1487, King James the Third, being at peace with all his neighbours, and particularly with England, a parhament was caUed, which was the last that John Lord Somer- viU sat in, being now of the age of seventy-sex.' In this parliament many acts were made against s ; justices wer appoynted to passe through the wholl king- dome, and see malefactors deservedly punished. Acts wer made that noe conventione of friends should be suffered for the accompanying and de fence of criminaU persones, but that every one attaintet should appear at most with sex procu rators ; that if found guilty they should not he reft from justice by strong hand. Such of the nobilitie who feared, and consequently hated, the king, finding how he had acquyred the love of his people by his pietie in the observance of re ligione, and his severitie in executing justice, were driven to new meditationes how to prevent ther oune supposed ruine, by suspecting that ere ' His name occurs in the rolls of parliament 25th February, 1485, but not in that of 1487. ' The blank ought to be filled up with some allusion to the statute against slaughter, theft, reef, heirschip, and other vio lent trespasses. THE SOMERVILLS. 259 long he would be avanged upon all whom he either knew wer accessory or suspected to have been upon the plott of Lauder Bridge, or his committing in the castle of Edinburgh. But these things faUing out the succeeding year, I returne to the privat affaires of this nobleman, who, upon the seventh day of May, 1487, grantes ane obleidgeraent to his sone John, wherin he binds himself and his heires under three thousand punds, Scots money, one thousand therof to be payed tothe cathedraU of Glasgow, and another thousand punds to be payed to the coUedge yle of Carnwath, and the last thousand punds to be payed to the said Sir John and his heires, in caice hiraself, his heires or successores, shall raake any disturbance to him, or his successores, in the en joying and possessing peaceably these lands he had formerly disponed to him and his heires within the barronie of Carnwath ; by which it appeares Lord John was apprehensive that his former grants made in favours of his sone Sir John might be brought in questione by his grand children, WiUiara's sones, whose father was in the fie when most of these lands was dis poned, and all of thera lying within the barronie of Carnwath, and holding of the same : thairfore he endeavoures to secure them to this his belo- 260 MEMORIE OF ved sone by a penalty soe exorbitant and unusu-' all in that age, wherin money was soe scarce, that, unlesse I had found this obleidgeraent, which is now in my custody, I would hardly have beUeved it ; and it is sad to remember what con- traversies and deadly feed fell betwext the families of Cowthally and Cambusnethen, some threttieth years thereftir, principaUy upon the account of these lands, that the house of Cambusnethen held of the Lord SomervUl within the barronie of Carnwath, which shaU be declared as I pro ceed in my relatione ; for from this lord's death to the death of Gilbert Lord Somervill, who was the last, I must wryte joyntly of the two houses for neer ane hundered and fourty years, in all which tyme ther was never a firrae fi'eindship be twext the families, notwithstanding of ther neer relatione and kindred. But, passing this, I will assert from clear evidences, that John Lord So mervill's second marriage with a daughter of La- mingtounes, went neer to have ruined the estate of Cowthally, by the large provisione he gave his only sone of this marriage, being neer the half, if not the better half of his wholl estate ; for Sir John had not only the barronie of Cambus nethen intire, being a fourtie pund land of old extent, but also the fourth part of the barronie THE SOMERVILLS. 261 of Stenhouse, being a ten pund land, and a ten mtrke land in the barronie of Brughtoune, within the sherrifdorae of Peebles ; and, as all this had not been enough for the provisione of the sone of this marriage, he gives him, con trary to all prudence and foirsight. to the weill of his representative, a fourty pund land out of the barronie of Carnwath, it being in all but ane hundered and threttie three punds sex shilling eight pennies, Scots, of old extent. Soe that in effect he left to his eldest sone's children nothing but the rest of that baiTonie and the barronie of Lintoune in Roxburgh Shyre, with the half of the lands of GUlmertoune, which ther uncle Sir John of Quathquan, alias of Cambusnethen, be ing ther tutor, suffered them not long to enjoy, although eftirwards it was recovered from the lairds of Cambusnethen by the last Lord Hugh, great grand chUde to WilUara Barrone of Carn wath, and Master of SoraervUl, when it had been neer four score years in the possessione of the house of Cambusnethen. By all which, it ap peares that Lord John hes been absolutely go verned by his sone Sir John, as is evident from many instances that might be given, but more particularly from that obleidgeraent alheady re lated. 262 MEMORIE OF 1488. The year 1 488 being come, wherin King Jaraes the Third had peace with all the worid, yet could he not enjoy that happines at home, from his fac tious and rebellious nobles, I can terme them no better, let some of our partiaU wrytters, parti cularly the author of the Douglasses Historie, never soe much vindicat ther proceedings from the spetious pretext of self-preservatione, for if they had not been conscious to ther oune guilt, ther was no necessity to fear punishment ; but the truth is, they had soe accustomed themselves to frequent rebellione dureing this king's reigne, that they could not conceave themselves secure soe long as he breathed. And, indeed, that which gave ground and ryse to ther last act was a meer pretext to shadow their crime ; ffor the king have ing founded a coUedge for divine service, with the name of the Chappell Royall, the king en dued this foundatione with constant rents and ane ample revenue. The priorie of Coldinghame being then vacant and fallen in the king's hands, he annexes the same to his chappell royall, and procured ane act of parliament that non of the leidges should attempt to doe contrary to this unione and annexatione. The priorie of this convent haveing been many years in the name of Hume, it was by the gentlemen of that name THE SOMERVILLS. 263 surmized that they should be wronged in ther estates, by reasone of the tyes and other casuali- ties pertaineing to this benefice, if a prior of any other sirnarae wer promoted to this place. Have ing petitioned the king that ther might be noe alteratione in the custome of electione, nor the prior removed from ther name, nor the revenues otherwayes bestowed then of old, the king con tinueing in his resolutione of annexing it to his chappell, the name of Hume, a proud factione, fiitt for the most dangerous interprizes, they re solve to overtume the king's intentione, and di vert his purpose. In order to this, they joyne theraselves with the Lord Hales, and others of the sirname of Hume ; they enter in combina tione with the discontented lords, who, knowing these two sirnames ofthe Humes and Hepburnes to be numerous and powerfuU, they lay hold up on this opportunitie from ther particular to make the cause generall. From this small beginning did a great mischeiff aryse, which ended not un till this unfortunat king was killed the eleventh day of June, 1488, being murdered in cold blood, in a mylne, eftir he had escaped frora the battell, by the Lord Gray, Robert Sterling of Keirie, and Andrew Borthwick, a preist. The whoU of this narratione, and all the circumstances, is re- S64 MEMORIE OF lated by Drummond.' That which I take notice of is, that Sir John of Quathquan, being upon ' The author was probably a stranger to the more pictu resque account given by Pitscottie. — " The king being in or der, passed forward in arrayed battle. The word came to hin^ that his eneraies were in sight. Then the king cried for his horse, and lap upon the horse that the Lord David had given, and rode to see and know the manner of their coming. The king beheld them in three battles, to the number of six thou sand men in every battle ; the Humes and the Hepburns ha ving the vanguard, with the Merse and Teviotdale, with the East Lothian : and next them in battle Liddesdale and Apanr dale, and many of Galloway : and then came all the whole lords that conspired against the king, and brought with them in com pany the prince, to be their backler and safeguard, and hasted fast forward with great courage, because they- knew (he king's qualities, that he was never hardy nor yet constant in battle. Then the king seeing his enemies coming forward with his own banner displayed, and his son against him, he remembered the words that the witch spoke to him before, ' That he should be destroyed and put down by the nearest of his kin,' which he saw apparently for to come to pass at that time ; and, by the words of the foresaid witch, illusion and enticement of the de vil, he took a vain suspicion in his mind that he hastily took purpose to flee. " In this meantime, the lords seeing the king tyne courage, desired him to pass by the host till they had foughten the bat tle ; but by this the Humes and the Hepburns came so fast upon the king's vanguard, and on the other side they shot them so fast with arrows, that they hurt and slew many of the horses, and put them a-back : But at the last, the thieves of Anandale carae in shouting and crying, and feared the king so (having uo and thought tp win thp town of Stirl ing ; but he spurred his horse practice in war,) that he took purpose to flee, and ran his way, at the flight-speed. Coming through the town of Bannockburn, THE SOMERVILLS. 265 the king's syde at this battell, as sent by his fa- ther to serve his majestie, was here taken pri- a woman seeing a man coraing fast upon his horse, she stand ing in a slonk bringing horae water, she ran fast away, and left the pig behind her. So the king's horse, seeing this, lap over the burn, and slonk of free will, but the king was evil sitting, and fell off his horse at the mill-door of Bannockburn, and was so bruised with his fall and weight of his harness, that he fell in a swoon ; and the miller and his wife haled hira out of it into the mill, not l$nowing what he was, but cast him into a nuik and covered him with a cloth. While, at the last, the king's host knowing that the king was gone and fled, debated them selves manfully ; and knowing that they were borderers and thieves that dealt with thera, therefore they had the raore cou rage for to defend themselves. At last they returned and fled in good order till they got the Torwood, and there debated a long tirae while night came, and then raany of the said army passed to Stirling, and, other enemies following them, many were taken and hurt on both sides, but few slain, " But at last, when all the host was passing by, and the ene mies returned again, the king overcame lying in the mill, and cried if there was any priest to make his confession. The mill er and his wife hearing thir words, required of him what man he was, and what his narae was. He happened out unluckily, and said, ' I was your king this day at morn.' Then the miller's wife clapt her hands, and ran forth, and cried for a priest to the king. In the meantime a priest was coming by (some said it was the Lord Gray's servant,) and he answered, ' Here am I, a priest ; where is the king ?' Then the miller's wife took the priest by the hand, and led him into the mill, where the king lay. As soon as the priest saw the king, he knew him incon tinently, and kneeled down upon his knee, and speired at the king's grace, - Ifhe might live ifhe had good leitching.' Who answered him and said, ' He trowed he might, but desired a priest to take his advice and give him his sacrament.' The 266 MEMORIE OF soner, and obleidged to the Earle of Angus for his safety and liberty, whose half sister he was in suite of the succeeding year, 1489, and therby procured unto himself great courtship and favour during the wholl reign of King James the Fourth. The Lord Somervill, eftir the returne of his sone from the battell of Saughburne, wherat the king's forces was defeat, as is aUreaddy re lated, did not at all concerne himself in pub lict or privat affaires, being very aged. He com mitted the mannadgement of all his oune and his grand children's bussines to the care of this his sone and ther uncle Neither doe I find any evidences or wryttes relateing to this noble man but two ; the first being a ratificatione of the rights made to the lands and barronie of Cam- priest answered and said, ' That I shall do hastily ;' and pulled out a whinger, and gave hira four or five strokes even into the heart, and then got hira on his back and went away. But no man wist what he did with hira, or where he yearded him ; for no wit was gotten of him or of his dead, nor yet who slew hira, a month after. Notwithstanding the battles were dissevered, in manner as I have shewn, the king's battle fled to Stirling, and the other passed that night to their tents, and on the morn to Lithgow. I cannot hear of no man of reputation that was slain at that time ; but there were many earls, lords, and barons that were taken and ransomed. This unhappy battle was stricken the month of June, the eighteenth day, one thousand four hun dred and eighty-eight years." — P. 89. THE SOMERVILLS. 267 busnethen, upon his sone's marrying with the house of Angus, which is dated att Cowthally the last of October, 1489. The second is a sub- 1489. missione betwext him and Sir William Ken- nouUes, Lord of Saint Johns, to Robert Deill of that ilk, and Sir Stephan Lockhart of Cleghorne, knight, wherin he submittes all contraversies be twext hira and the said Sir WUUam, anent the right of the Lord Saint John's tennents privi ledge of grasseing ther goods within the pastur ages of the nether toune of Cambusnethen, to the tryall of ane inqueist before these gentiemen appoynted and sitting as baillzies for that day. This subraissione, or act of court, is dated att Cambusnethen the nyneteinth day of Apryle, the year of God 1489, and hes afiixt to it the .sealles of the Lockharts and DeiUes.' This con^ The Dalzells, pronounced Diyell. Lord Somerville seems to have been engaged in more than one controversy with this Sir Williara Dalzell ; at least we find that he came off loser in one respecting the rents of the lands of Kittemuir " Anno 1478, XI° Martii. The lordis auditouris decretis, that V/illiam of Dalzell has done na wrang in ye taking of ye malis of ye landis of Kittemur, beand in ward sett and assignit to him be Johne Lord Somervile, and yat ye said John Somervile sail re store and deliuir agane to Gawane Hararailtoun and yar bre- dir ye twa horss quilk he gert tak for ye said malis fra yaim, cind yat he grantjt to do in presens of ye lordis without preiu- 268 MEMORIE OF traversie being setied,. the Lord SomerviU re turnes to CowthaUy, from which I find not that he made any progresse untiU tbe day of his death, which happened the ensueing year, in Novem ber, 1491, in which moneth he dyed, and was honourably buryed with great splendour, and pompe by his sone Sir John, and his two sones in law, Sir John Gerdoune of Aplegirth, and Sir Stephan Lockhart of Cleghorne, in the col- legiat yle of Carnwath, hard by his father Lord WiUiam. He had issue by his two ladyes four ehildren, two of each marriage ; first, WiUiam Barrone of Carnwath, and HeUen, named eftir her mother, marryed upon Sir John Gerdoune of Aplegirth ; and of the second marriage. Sir John of Quathquan, alias of Camnethen, and Marie, marryed to Sir Stephan Lockhart of Cleg horne. He was a noble man, brave and active both in publict and privat ; mannadgeing of his wholl affaires with much discratione in ane age wherin ther happened soe many revolutiones and dounefallings of many of the most eminent fa milies in Scotland, dureing the reigne of the four King Jameses ; the reigne ofthe first three he had dice of ony clame j'at he has to ony uyir persons anent ye said malis.'' — Records qfParliam£ni, p. 238. THE SOMERVILLS. ^69 compleatiy seen, and three years of the fourth.' In what conditione he left his estate will appear in the memorie of his grande childe Lord John, that succeeded to him. Off William, the ihird of that Name, Barrone of Carnwath, Master of Somervill, the tenth qf Lintoune, the seventh of Carnwath, the fyfteinth from Sir Gualter de Somervill. Before that wee wryte any thing of the sone Lord John that succeeded to his father WiUiam, or rather to his grandfather Lord John, that out lived his sone, wee must give, in short, the me morie of the father WiUiam Barrone of Carn wath, as he is designed in all the evidences that I have of him. He was eldest sone and appeare- and heir to John Lord Somervill, by HeUen Hep burne, his first lady, daughter to Adam Hep burne, the first Lord Hales.* This young noble- ' We may add to the sketch of John Lord Somerville, that he had either a natural disposition for litigation, or at least was frequently involved in it, since we have been enabled, in some degree, to illustrate the events of his life from the frequent 0C7 currence of his law-suits before the king and council. The paramour, as is stated by our historians, of Mary oi 270 MEMORIE OF man, at the age of twentieth and sex, or therby, was marryed to Maijorie Montgomerie, eldest daughter to Hugh Lord Montgomerie, upon the thretteinth day of June, 1476, with whom he had two sones, John and Hugh : both of them succeeded to him and ther grandfather Lord John, and came to be Lord SomervUls.' Upon his marriage, he was infeft by his father in the barronies of Carnwath and Lintoune, and in the half of the lands of GiUmertoune, by ane precept direct out of the chanceUarie, upon the fyfth day of June, 1476. He was confirmed in all these lands by King James the Third, and that Gueldres, though Lord Hailes has laboured hard to wipe away the scandal. Mr Pinkerton quotes a fatal passage from Wyr- cestre, wherein the historian charges her with an amour with Somerset, and adds, that being incensed at his vanity in expo sing her frailty to Louis XI. (who, by the way, was a great in vestigator of scandalous mysteries, ) the queen employed her new lover, the Lord of Hailes, to assassinate his indiscreet pre decessor in her affections. The old play- Wright's reflection na turally occurs : He that attempts a prince's lawless love Must have broad hands, close heart, with Argus eyes. And back of Hercules, or else he dies Marston. * He was afterwards contracted to Janet Douglas, a daugh ter of W^illiam Douglas of Druralanrig. As her portion of 1003 merks became afterwards subject of a law-suit before the king's council, it seems doubtful whether the marriage ever took place. See a subsequent note. THE SOMERVILLS. 271 by a charter under the great seall, dated att Edinburgh, the second day of May, 1477; ther being witnesses to this charter, John Layng Bi shope of Glasgow ; Williara Bishope of Orknay ; Andrew Stewart, Lord Evandell, Great Chan cellor of Scotland ; the Earles of Argyle, Crau fuird, Carlyle, and Jaraes the First Lord Hamil ton, with severall others. Here I cannot but ad mire that this young nobleman, being infeft and confirmed by the king in the lands of GUlmer toune, in the before-mentioned charter, what should have moved him much about the sarae tyrae to take these lands of GUlmertoune, hold en of Malcolme Graharae, Earle of Monteith, as superior; for I find two seasings, dated the last of October, 1477, taken by WUUam Barrone of Carnwath, upon a charter granted be the same Malcolme Grahame, dated the twentieth and nynth of October, 1477, for certanely neither he hiraself, nor his father Lord John, who outlived him fiyve years, could be ignorant what hazard they run, by disclaraeing ther superior the king, of whom, as Earles of Strathearne, they held these lands of GiUmertoune ; and the truth is, William's heires was losers fbr it eftirward, it be ing upon this very ground and mistake, that 272 MEMORIE OP ther uncle, tutor, and curator. Sir John of Quath quan, Barrone of Carabusnethen, obtained the lands of GiUmertoune, Drum, and Gutters, be ing then but pertenents of Gillraertoune, by a gift of recognitione from King James the Fourth, which shaU be spocken to when I come to wryte of John Lord SomervUl, the eldest sone and heir of this William Barrone of Carnwath ; and as this was a grosse mistake, and exceedingly pre judiciall to his successores, soe did he committ a far greater error, that being himself in the fie of all the barronie of Carnwath, that he should have consented to his ffather's deed in putting his brother John, of a second marriage, in soe much or any part of that barronie of Carnwath, seing his father was but a naked liferenter, and could not dispose of any part of the proppertie to his prejudice, especially considering that his brother had the barronie of Cambusnethen, and severaU other lands for his patriraonie. Let the raotives be what they will wherupon this young noble man consented to this deed of his father's in be half of his brother, I find noe shadow of reasone for it, but that it either testified much sirapUci tie, or, in the favourable constructlone, too good a nature in him to be so far to his oune and his 7 THE SOMERVILLS. 273 hehes prejudice outwitted in this by his brother Sir John of Quathquan.' However, I find this obleidgeraent with the charter therupon, dated att Carabusnethen the twentieth of March, 1480, sorae sex years before he dyed. Severall other wryttes relateing to this young nobleraan, Wil Uara, Master of SoraervdU, I have by me, wherin his father Lord John and his brother Sir John of Quathquan, are most concerned ; thairfore I wiU remitt thera to the remaining part of the, fa ther's memorie, and his brother's life, and only make knoune that this Williara Barrone of Carn wath, or Master of Soraervill, dyed in the tower of Carnwath toune, where he dwelt, much about * There is great room to think that William, apparent heir of .lohn Lord Somerville, did not voluntarily consent to the alienation of so large a portion ofthe family estate in favour of his brother of the second marriage ; for it appears, from the following passage in the Scottish records, that he had commen ced an action, against his father, probably on account of this very settlement, although the action was dropped from some cause which we may now look for in vain. — " Before the lordis auditouris comperit Johne Somervale, procuratour for Johne Lord Somervale, and protestit yat William Somervale, his sone and apperand are gart summond him at his instance, and wald nocht compere to folpw him, he beand oft tymes callit yar to, that yarfore ye said William be nocht hard in jugement in yat mater, quhill he haue pait ye costis expenss of ye said lord, and new summondis be maid on hira." — P. 341. 274 MEMORIE OP the threttieth and fyfth year of his age, in anno 1488, and lyes buryed in tbe yle ofthe coUegiat church of Carnwath. His vertuous lady, Mar jorie Montgomerie, outlived him but a few years, and lyes buryed in the same yle. Off John Lord SomerviU, ttiefyft of that Name, the eleventh Barrone of Lintoune, the eighth Of Carnwath, the fourth Lord Somervill, and the sexteinth from Sir Gualter de Somervill, Lord of Whichenour in EnglUnd. i486. John Lord SoraerviU, and his brother Hugh,. 1491. '^'^^ l^f"- infants, both by ther father WiUiam Barrone of Carnwath, and ther grandfather Lord John, the eldest not being fully four, and Hugh scarce two years of age, to the care and tutorie of ther uncle Sir John of Quathquan, the first Barrone of Carabusnethen ofthe name of Somer viU, albeit the sarae did belong to the house of Cowthally, since the marriage of John SomerviU with Margaret Edmondstone, daughter to Sh John Edmondstone, in the year 1378, neer ane hundered years before it was a distinct faraUie by itself, wherof now I wUl have frequent occa sione to wryte as I proceed in relateing the THE SOMERVILLS. 9,15 lyves of the remaining Lord Somervills unto the year 1620. Sir John Somervill of Quathquan being sole tutor to his two nephewes, had both ther per- sonaU and reall estate at his disposeing. In what conditione the same was left at the grandfather's death it is hard to know, but in all probabiUtie it could not be good, especially considering the large portione Sh John had gotten himself, and the joynter of his mother^ Dame Mary BaiUzie, relict of John Lord SomervUl; but whatever may be in this, as to the bad conditione of the estate, and the minoritie of the chUdren, that was not the only misfortune of the faraiUe of Cowthally, for the representatione' therof. Lord John, proved a simpletoune, altogither unfitt to mannadge or direct his own privat affaires ; soe that this his tutor. Sir John of Quathquan, had a fair prospect for the Lordship of Soraervill, if Hugh, Lord John's only brother, had been re moved. However, as Sir John did some iU of fice to the house of Cowthally, soe did he a spe- eiaU good one ; for the barronie of Carnwath ' Kepresentative. 276 MEMORIE OF ¦ holding black waird' before this, he, by his court ship* and favour with King James the Fourth, the great interest he had there, by his brother- in-law Archibald Earie of Angus, being chan ceUor, he gott the holding changed from waird to blenche, the reddendo being with the additione of ane new fair and weekly market upon the Sabbath, which continued un till the Reformatione. , 1491. But that I may come more particularly to Sir John's actings in. his pupills affaires, the first pa per I find is ane inqueist holden by Sir John, in Lord John's name, att Carnwath, the sexteinth day of December, 1491, which was a raoneth, or therby, eftir his grandfather's death, Lord John : this service related to some lands in Newbigging.' ' The military tenures in Scotland were called Ward-hold ings, from the care of the estate devolving upon the superior during the minority of the^vassal. When a vassal held a fee ward of a subject, who again held it by the sarae tenure of the crown, it was called a Black-ward-holding, and was the most rigorous in the Scottish law, for the subvassal had not only to fight the battles of both superiors, but he was also liable to be excluded from the estate by the higher superior, during the minority of the subject superior. ' i. e. interest at court. ' There is notice of a subsequent family transaction in the THE SOMERVILLS. 277 The second evidence is, that one Hendrie Dou glas, clameing right to certaine lands in Quath quan, had procured a breiff out of the chancel- lary for infefting hiraself in these lands. Wher upon Sir John of Quathquan, as tutor to the Lord Soraervill, gives in a coraplaint to the king and counsell, supplicating in his pupill's behalf, records ofthe council, naraely, an action for recovery of 1000 merks, the marriage portion of Janet, daughter of Douglas of Druralanrig, betrothed or married to the deceased Wil liam, Master of Somerville " 1491, xiiii Februarii. The ac- tioun and cause persewit be Marioun Laidy Somervale, Schir William Bailze of Lamrayntown, Johne Somervale, and Tho mas Someruale, executouris and assignais of vmquhile Johne Lord Someruale, aganis Jaraes Dowglas, sone and are of vraqu- hile William Dowglas of Drumlanark, Robert Lord Crechtoun of Sanchquhare, Schir Robert Crechtoun, son and are to vra- quhile Robert Crechtoun of Kynnovle, Edward Crechtoun of Kirpatrick, and Robert Maitland of Qwenybery, for ye wrang- wis withhaldin fi-a yarae ye sourae of ane thowsand markis for contract of mariage corapletit betuix William Somervale, ye sone and air of ye said vmquhile Johne, and .Janet dochtir to ye said William Dowglas, is be ye lordis of consale and audi touris of causs contenewit to ye xviii day of Junii nixt to cum, with continuatioun of dais in ye sammyn forme and eifect as it now is, but preludice of partii, and all ye partiis ar summond apud acta, and becaus ye saidis Robert Lord Crechtoun, Schir Robert Crechtoun, Edward Crechtoun, and Robert Maitland, allegiit that James of Dowglas suld warrand yaim, the lordis yarfore assignis to yaim ye said day with continuatioun of dais to call yat forsaid warrend." — Records ofthe Parliament of Scotland. 278 MEMORIE OF as being superior to these lands. Wherupon the king grantes a warrand, directed to John Nisbett of Dallzell, John SomerviU, Thomas SomerviU, WUUam SomerviU, and George of Cottes, as shirreffs in that part, to charge the said Hendrie Douglas that he instantiy requyre the tutor of the said Lord Soraervill, to give him state and seasing of that portione of Quathquan that he claimed in heretage, the which seasing he should receave under the highest pain and perriU. This order, or letters, is given under the signet, the fyfth day of November, the seventh year of King James the Fourth's reigne, which was in anno 1195. 1495. Thir letters wer execute by tbe shirrefs unto whom they wer directed, upon the twen- 1496. tieth day of June, 1496. Four years eftir this, 1500. upon the eight day of Apryle, 1500, at Edin burgh, he caused serve John Lord Somervill, heir to his father WiUiam Barrone of Carnwath, to the lands of Gillraertoune, with the pertinents, Patrick Hepburne, Lord Hales, the first Earle of Bothwell of that name, being sherreff princi paU of Mid-Louthan, and Mr James Henderson, procurator for the Lord SomerviU. The instru ment extracted upon the service is dated the twentieth and eight day of Apryle the same year. This service, with that of the father's, was THE SOMERVILLS. 279 the ground that these lands of Gillmertoun re- cognost; for, in anno 1502, the king persewes 1502. crirainally all the gentlemen that was upon the in queist, for haveing wrongously served Lord John heir to his father WiUiam, who had, by his service and infeftraent in these lands, disclaimed his su perior the king, of whom, as Earle of Strathearne, he held the same, and had taken them holden of the Earle of Monteith, the pretended superior.' This was a sore beginning for Sir John of Quath quan to encroach upon his pupill's estate ; but that which contribut raost for carrying of thir lands frora Lord John to himself and his poste ritie, was a decreit the king obtained against the wholl lands of GUlmertoune for four score merkes yearly, as due to him and his predecessores for sextieth years preceeding, out of these lands. This actione was persewed against John Lord Somervill, James Rarasay, and Patrick Herring, ther predecessores and authores upward to the year 1440, and decreited against all of them * The vassal, who, whether from ignorance, or wilfully, dis owned his lawful superior, by taking out rights from another, committed the feudal delinquency, termed in the Scottish law Disclamation, the penalty of whicli was the forfeiture of the fee.— Regiam Majestatem, Lib. 2. cap. 63. § 4, 6, 9. £80 MEMORIE OF conforme to ther severaU possessiones. This de creit is dated att Edinburgh, the eight day of November, 1503, written in parchement, and hes the great seaU appended therto. Three years preceeding this. Sir John, as tutor, had persew- ed Simeon Prestoune of that Uk, son to the Laird of CraigmUler, and severall others for ther wrongous labouring and possessing the lands of GiUmertoune and Gutters from the year 1500, and some years preceeding. The right Craig miUer pretended was be ane assignatione from his father WUliam, with whom John Lord So mervill and Williara his sone, the father and grandfather of this present lord, had transacted and made some bargane anent these lands of GiUmertoune and Gutters, but what it was I find not, further then by the decreit obtained against them, it would appear to have been either a leish for some years, or a forrae of wodset ' then in ' The wad-sett, or empledging of lands in security of money advanced, was originally always followed by possession on part ofthe creditor, who held the lands and drew the rents, and acted in every respect as proprietor, until the money advanced was repaid. This was a mode of evading the laws against exaction of interest. Afterwards improper wadsets were introduced, so called as being less strictly according to legal principle. In this latter class, the creditor, or wadsetter, was obliged to account ibr the rents if he received any thing beyond the legal interest. THE SOMERVILLS. 281 use, redeemable by ther possessione ; but what ever might have been the right they brooked by, they were all outed of ther possessione, and or dained to pay a considerable soume of money by the lords of counsell ther decreit, the last of March, 1502. What Sir John of Quathquan did in this af fair, or any other relateing to the lands of Lou thian, accressed to his oune particular benefite ; for, in the year 1498, upon the eight day of September, he procures from King Jaraes the Fourth, not only a gift of the nonentry' of the lands of GiUmertoune, containeing a right to all the bygone maiUes aUd duties, and these to corae dureing the nonentry of -the righteous heires of the Lord SomerviU, that was last infeft by the king in these lands, but also ane right to the re cognitione,* wherby he claimed the proppertie. ' By the feudal law, the fief reverted to the superior, or over lord, in case the heir of the vassal did not enter with his lord, i. e. procure the renewal of the investiture in his own person. The faraily of Somerville were subjected to this casualty or pe nalty of non-entry in consequence of having taken out an in vestiture from the Earls of Menteith, instead ofthe crown, their legal superior, •Another penalty of the feudal law, which, like all others, turned on the main principle, that the fief, being the free^^ of the superior, reverted to him on any deed which publicly 282 MEMORIE OF in caice it should be found they had declyned ther superior. This was the thing he designed ; for he understood weUl enough what his elder brother had done with the Earle of Menteith in order to these lands ; and he himself bad caused his pupiU Lord John enter heir to his father up on that very service, by which, now he was to carry away tbe proppertie of tbese lands to him self and his heires for ever, by the right of re cognitione and the king's gift, if a wonderfuU providence (by the chancellor's care, then George Gourdoune, Earle of Huntley) had not prevent ed it, who, observeing the fraud, insert four or fyve words in favour of the Lord Somervill and his successores, which eftirward did cause these lands returne to the righteous heir, when they had been possessed by vertue of this gift neer four score years by the house of Carabusnethen. And seing this grant was that whereby the lairds of Cambusnethen possessed the lands of GiU mertoune, and that lykewayes wherby the Lord Somervill recovered them again, I think it not testified the desertion or ingratitude of the vassal. Recogni tion took place in the stricter feudal times upon the non-entry of the heir, but was afterwards limited to those cases when the vassal presumed to dispose of the fief to a stranger without consent of the liege lord. THE SOMERVILLS. 283 impertinent to insert the gift, as it was granted by King James the Fourth, in this lords me raorie. " James, by the grace of God, King of Scots : TiU all and sundry our ofiicers, leidges, and sub jects whora it effeir^s, till whose knowledge thir our letters shall corae, greetiug. Witt ye us that fforsuaraeikleas wee are sickeriy informed that the half of the lands of GUlmertoune with the pertinents, to quhilke our cousine John Lord SoraerviU and aUeadged to be holden of the Earle of March,' are holden of us as Earle of Stratherne, be our said cousine and his predecessores iraraediately, and hes been ofa long tyrae in our predecessores hands and ours as superiors therof, through the nonentry of the righteous heires therto be us, and therfore for the good and thankfull service done to us be our lovit cousine, John SomerviU of Carabusnethen, Knight, we have given and assigned, and be thir our letters, gives and assignes fo hira, all mailles, profites, and duties of aU and haiU the half of the saids lands of Gillraertoune, with the pertinents for all the tyrae that they have been in our pre- Menteith. 284 MEMORIE OF decessores hands and ours, and shaU happen to be by reasone foresaid, and ay and whiU the righteous heir or heires therof be lawfuUy en tered therto be us, faUen in o' hands by reasone above written.' With power to the said John to raise and uplift the mailles and profites of the saids lands of all tymes bygaine, or to occupy the samen, or sett them to tennents to his maist utUitie and profite, and as he shaU think maist expedient in tyme to come, whiU the entrie of the righteous heires, as said is, freely, quyetly, weiU and in peace, but any revocatione or againe calling whatsomever ; and attour, giff it beis found that the said umquhile John Lord Somer viU, or any others his predecessores or his suc cessores, heires of the saids lands, hes taken pretended therto of any other pretended over lord, but of us and our predecessores, and that they have forfaulted the saids lands therthrough. Wee give and grant the samen likewayes to the said John and his heires, being in our hands by reasone of the said fbr- ' Upon this clause lay the claim of the lords Somerville, afterwards successfully enforced, since the grant to Sir John of Quathquan, or Cambusnethan, was qualified in its endurance un til the heir ofthe family should take investitures from the crown. THE SOMERVILLS. 285 faulture, and shall raake hira and his heires to have heretable infeftment therof be charters and seasings, in due forrae as effeires, alse freely as they wer holden of the Earle of Stratherne, or any others our predecessores before the said for faulture ; wherfore wee charge straitiy and cora mands you all and sundry our officers, leidges, and subjects forsaid, that non of you. take on hand to make any molestatione, trouble, or ira- pediment to the said John SomervUl, in the peaceable raiseing and uplifting of aU the raailles and profites of the saids lands of all tyraes by gaine, or in the peaceable brookeing and raise ing therof in time to come, ay and whill the en trie of the righteous heir or heires therto as said is, or to doe or attempt any thing contrair this our gift in any wayes under all the highest pain and charge that eftir may follow. Given under our privie seall att Stirling, the eight day of Sep tember, the year of God 1498, and ofhis majes ties reigne the tenth year." It was by this unhappie gift that Sir John of Quathquan possessed himself of the lands of Mid-Louthian to the prejudice ofhis pupill; and his successores for two generationes had no bet ter title (save possessione) then what this gift gave them, which was soe easily reduceable in 286 MEMORIE OF itself, if the least notice had been taken therto ; and hs strange to thinke that the first Lord Hugh, being soe intelUgent and active in aU his concernes, when he came to the possessione of his brother's estate, and entered himself heir both to that and to his title, that nether be dure ing his life, noe, nor yet his son. Lord James, should have challenged the house of Carabus nethen, who peaceably, without ever being quar relled, enjoyed the lands of Drum, GiUmertoune, and the Gutters for three score and twelve years, untill a wonderfuU providence brought it to Ught, which efthward shaU be declared, when I come to wryte the meraorie of Jaraes Lord So mervill, by which it wUl appear that the only reasone why the Lahds of Carabusnethen's right was not quarreUed hes been, by keeping up the gift from the knowledge of the house of Cow thally ; for, soe soon as it came to be discover ed, the iniquitie and wrong of ther possessione of these lands was soon found out, and accord ingly decreited in favours of the Lord Somervill. However, Sir John haveing procured the gift in anno 1498, thereftir in anno 1499, upon the tenth day of May, he holds court att GUlmer toune, as baiUzie to the Earle of Menteith, pre tended superior of that barronie. What might THE SOMERVILLS. 287 have been his reasone in takeing such a warrand or right frora the Earle of Menteith I cannot understand, unles it hes been to fortifie or se cond the king's gift, in caice it should be chal lenged by the Earles of Menteith, whose prede cessores clamed right as superiors of the barronie of GUlmertoune,. by virtue of Patrick Graharae, a younger brother of the Lord Grahames, ther predecessor, who marryed the only daughter of David Stewart, Earle of Stratherne, uncle to King James the First. But this doeing of Sir John of Quathqiians being a mistery, I cannot understand, thairfore I leave it, and only informe that at this court, amongst Others that possessed the lands of GUlmertoune, he conveined John of Prestoune, soe designed. What this gentleraan was I cannot corae to the knowledge of; but it appeares he hes been a brother of the house of CraigmiUer ; for eftirward WilUam and Simeon Prestoune wer persewed by this Sir John of Quathquan, for ther wrongous possessing the lands of GiUmertouhe, and decreit obtained against them, as is allready related. The time of Sir John's tutory arid curatry 150S. (for he was both) expyreing in the year 1506, he was not wanting to secure himself and his successores from aU hazard they might incurre. 288 MEMORIE OF for his intromissione with the pupiUs estate or acting in his affaires, and that by ane araple dis charge and declaratione approveing all that ever he had done dureing the long tyrae of hi^ tutorie and curatorie. This declaratione is drawen by way of instruraent, before Thoraas Greenly and George Wood, coramissars of Edinburgh, and James Hendersone of FordeU, then Justice Clerk. It is subscryved by Lord John himself, with his hand at the pen, by two nottars, with two sealles appended therto, the one bearing the Lord So mervill's armes, and the other the comraissar's seall of Edinburgh. The instrument is written in parchement, and dated att Edinburgh, the 1510. eleventh day of August, 1510. This is the first and the last tyrae that ever I find this lord corae to Edinburgh, or any place else in publict, from his oune house of Cowthally ; but this was a sin gular caice which his good tutor could not dis pense with, being one ofthe neerest in his tyme. Eftir the year 1510, I find not that Sir John of Quathquan, for I may still designe him soe, albeit he was Laird of Cambusnethen, at this tyme concerned himself in the Lord, So mervill's affaires ; for his only brother, Hugh, being now past his minoritie, and in man's estate a pregnant witt that 6 THE SOMERVILLS. 289 the weakness and siraphcitie of his brother. Lord John, had made him a prey to all that acted in his affiiires ; and that in many things he had been abused by his tuter and curator, Thairfore he takes upon hira to act in aU his brother's busi nesses, knowing that hiraself was to succeed to that estate att or before his brother's death, seeing that he was altogither uncapable to go verne the sarae, albeit for the tyrae he was borne up by the raoyen and interest that Sir John of Quathquan had att court, and the great influence he had upon other freinds and relationes of the house of Cowthally, he hiraself being the pre- suraptive heir of that familie, the two brothers being reraoved. And now, ther being litle more to be said as to this lord's meraorie, albeit he lived untiU the year 1524, but what either Sir John of Quathquan, his sone Red-bag, or his oune brother Hugh was concerned in, I shall referre what is further to be spocken of him to ther raeraories ; and seing Sir John of Quath quan stands in ray way, I shall begin first with hira, as being the greatest cadit that ever came of the house of CowthaUy. 290 MEMORIE OF Off Sir John of Quathquan, the first Barrone of Cambusnethen of the Name of Somervill, since it became a distinct Familie fom Cowthally. Sir John Somervill of Quathquan, Barrone of Carabusnethen, and proprietar of many lands besyde, was borne att Cambusnethen in anno 1457, the only sone of his father's second mar riage, by a daughter of the Laird of Laming^ tonnes. He was only four years younger then his eldest brother William, of the first marriage ; and with him was brought up att schooUes and such manly exercises as was in use at that tyme; Ther was never two brothers of soe contrary hu mors and inclinationes as these two wer ; for, as William was siraple and of ane easy nature to be persuaded to any thing, albeit to his disadvan tage, which is evident from what we have of him, soe his brother John was of a quyte con trary humour, being warry and circuraspect in all his actiones, which he manadged stiU to his best advantage. In his very youth he promised much, being a darring sphit, and still desyreous of imployments, which made his father. Lord John, love him from his very infancy ; and soe THE SOMERVILLS. 291 soon as he came to be a raan, he intrusted him in aU his privat affahes; made him baiUzie of his barronie at the age of twentieth, in which employment he gave ample testimony of his witt and courtesie, by ane obleidgeing carriage to all that had ther addresse to his father for bussines wherin he was to be concerned as his father's baUlzie, soe tbat absolutely he gained the favour and good will of his father's vassalles and ten nents, who then wer not a few, in the shiref- domes of CUdsedale, Mid-Louthian, and Rox burgh. But being now of the age of twentieth and three, or therby, a compleat gentleraan both in persone and parts, his stirring thoughts wer not to be confyned to his father's house and privat affaires. The court was in his eye, ther being noe use for the campe. King James the Third haveing made peace with Hendrie the Sexth of England. The principaU governement of affaires was then in the hands of Andrew Stewart, Lord Evandell, Chancellor of Scotland, who was the first that took notice of him, being weiU acquainted with his father. Lord John, since the pretended hunting and the king's bringing off from LinUthgow to Edinburgh cas tle ; att which tyme he took the governement upon hiraself, at the instigatione of the Boydes, 292 MEMORIE OF and these that adhered to them in that designe, wherof the Lord SomerviU was one. The king then keeped court att Stirling, and few of the nobUitie resorted thairto, the Cochrans and men of mean extractione about this tyme wer beginning to have the king's ear ; soe that persones of qualitie disdained to have or accept of favours by ther meanes. How ever, this young gentleman remained att court neer two years in the retinue of the chanceUor, who, besyde a particular kyndenes and freind ship he boor to the Lord Somervill, had, by his mother, a neer relatione to the house of Cow thally ; and the truth is, if this gentleman had continued att court a litle longer, by the king's favour and the chancellor's kyndenes, he might have made a considerable figure. Thairfore the king's majestie being informed by the chancellor what he was, took particular notice of him, and seeing his persone handsome and his addresse courtly, commanded his stay att court ; which, if he had done, undoubtedly it would either have been to his great honour and advantage, or else he had perished as weill as others, if his birth and qualitie had not preserved it from that storme which sank most ofthe king's favourites -dureing his reigne, yea, and at his death too. THE SOMERVILLS. 293 But, to prevent any such raisfortune to the sone, the father comes to ye court, the king being att Linlithgow, where he understands the discon tent of the nobilitie, and what was lyke to fol low. The plot of Lauder Bridge was about this tyme contryveing, which took effect some two years eftir, to the rmne and destructione of the king's raost intimate favourites ; which this no bleman forseeing, and unwilling that his sone should spleit upon the rockes pf court favours, noe intreatie of the chancellors could perswade him to let his sone remaine any longer there, pretending himself was now infirme, by reasone of his age, his eldest sone sicklie, and under such decay as, in aU human probabilitie, he could not live long. Albeit ther was truth, it was but a pretext ; for this lord foirsaw the storme, and thairfore resolved to reteire his sone both frora the envy of the nobilitie and the ha zard he raight incurre therby. Besyde this, he was fondly affectioned toward hira, and seldome could dispence with his absence from his oune persone, which was the reasone that, dureing his father's life, he gott noe great things done at court. Being now returned home, he sett him self wholly to humor his father, which he did soe weill, that he bestowed upon him the toune 294 MEMORIE OF and lands of Quathquan, the proppertie wherof sorae years preceeding had been purchased from Thoraas Chorsewood, nephew to George Chorse wood, Bishope of Brichen, sorae tyme Chancel lor of Scotiand. This being the first land that ever Sir John was infeft in, he stiU designes him self by thera. Archibald Earle of Angus being one of the discontented, fbr the raost part had his residence att Douglas castle. The Lord Soraervill now and then payed bim a visite, and reciprocaUy recea ved the lyke from his lordship ; at these inter- vieues this young gentleman was ever present with his father, which occasioned the earle to converse much with hira, whereby he found his inward induements answearable to the hand- somenes of his persone. He resolved to be the more intimate with him, therby for the future to obleidge him to his service. The father observe ing this, gave privat warneing and coramands to his sone not to engadge soe much as by promise to the earle ; for the courses the nobUitie was then takeing, and wherof Angus was the cheiffe, to restraine the king in the choyce of his minions, did not at all please this nobleman. The Earle of Angus craved the young gentleman might re maine some tyrae with hira, where he should be THE SOMERVILLS, 295 respected according to his quaUtie; but Lord John excused both himself and his sone in a handsome way, by teUing the earle that being neer nighboures they might converse weekly, and that if his lordship's occasiones requyred either counsell or assistance, not only of his sone, but all his oune foUowers should be ready to serve him. This being in effect but a naked com plement, the earle resolves not to rest upon it, but determines both to tye the father and sone to his interest by afiinitie. In order to this de signe, by some ofhis confidents, he raade tryall what fortune John raight expect from his father as being the eldest sone of a second marriage ; and they informed, that William Barrone of Carnwath, his eldest brother, was only infeft in the barronie of Lintoune : three parts of the bar ronie of Carnwath, and in the lands of Mid-Lou thian ; the whoU barronie of Cambusnethen ; a fourtieth pund-land ofthe barronie of Carnwath ; the fourth part of the barronie of Stenhouse ; a ten merk land within the barronie of Burthen, in the shirrefdome of Peebles, wer all yet at the disposeing of the father. The Earle of Angus being fully informed of the Lord Somervill's af faires, he caused propone marriage to the father and sone, haveing at this tyme to his half sister 296 MEMORIE OF a noble and vertuous lady, Elizabeth Carmichael, daughter to a younger brother of the Captaine of Craufuirds, who had marryed Elizabeth Sib bald, or Sibbard, daughter to Sibbald of Balgo- nie, sometyme Thesaurer of Scotiand, descend ed of the ancient Earies of Northumberiand. This lady was the relict of George the first Earle of Angus, eftir whose death she marryed a younger brother of the Captaine of Craufuirds, and procured frora her sone, as is supposed, the lands of Ballmoodie in Ffyffe. This was the ex traction of the young lady, and his oune half sister, which Archibald Earle of Angus, com monly called Bell-the-Catt,' proposed in mar riage to the Lord Somervill and his sone, which, albeit it was kindely intertained, yet it took noe effect untill eftir the death of King James the Third at the battle of Saugheburne, whereat this young gentleman is raade prisoner, and had both ' He obtained this nickname from his memorable answer to an apologue related by the Lord Gray to the assembled nobles at Lauder, while they were deliberating upon the raode of se parating the king frora his favourites. The fable was of the rats, who had resolved to tie a bell about the cat's neck, that they might be aware of all her motions, which passed for good coun sel until it was found that none of the rats durst adventure his person in fastening it on their enemy. " I will bell the cat," was the earl's answer; and hence his well-known soubriquet. THE SOMERVILLS. 297 his life preserved and his libertie by the Earle of Angus his procurement : wherupon, the succeed ing year 1489, the conditione of the marriage i489. was concluded upon, and the same solemnized att Edinburgh the third of JuUy, 1489, the old Countes of Angus resideing there for the tyrae. In September following, his father being yet alyve, he bringes home his young lady to Cow thally, where the infare' was honoured with noe meaner guest then the king's majestie James the Fourth, being then in the second year of his reigne, and in the eighteinth year of his age. The king, neer to Inglestoune Bridges, had been met with by Sir John of Quathquan, with some fyftieth gentleraen of his oune narae and his father's vassalles, who waited upon his raa- jestie unto Cowthally house. John Lord Somer vill, by reasone of his age, was not able to meet the king at any distance. However, being sup ported by WiUiara Soraervill, younger of Plaine, and WiUiam CleiUand of that ilk, both his ne phewes, he receaved the king at the west end of the calsay that leades from Carnwath toune to Cowthally house, where his majestie was pleased ' The entertainment made for the reception of a bride in the bridegroom's house. 10 298 MEMORIE OF to light from his horse, as did his whoU retinue, and walked upon foot from thence to CowthaUy, being neer a quarter- Of a myle of excellent way. At the outter gate Dame Marie BaUlzie, then Lady SoraerviU, being at this tyme not above the fourtieth and sexth year of her age, with her daughter-in-law Elizabeth CarraichaeU, Sir John of Quathquan's lady, the Lady Aplegirth, the Lady Cleghorne, the Lady Carmichaell, and the Captaine of Craufuird's' lady, with a great many others, that both by affinitie and consanguinitie wer related to- the house of ¦ Cowthally, with severall other ladyes, wer ther present to weU corae his majestie to the infare, and make the intertainement more splendid. What ther fare was needs not to be discoursed upon ; it is enough to know it was in CowthaUy house, where three of his majestie's predecessores had been inter tained before, and his successor King James the Fyfth often. How long his raajestie continued in Cowthally I cannot be positive, but by the charaberlane's and steward's accompts, I find ' Crawford-Castle, situated in Crawford-moor, in the upper ward of Clydesdale, was at this tirae a royal fortress. The keep ers, or governors, of such royal castles were called Captains ia the language ofthe times. THE SOMERVILLS. 299 ther was noe fewer beastes killed then fyftietii kyne, two hundered sheep, fourtieth bolles of malt, andof meall sexteinth, of butter twentieth stone, spent at this infare, besyde fishes, tame and wilde foull in such abundance, that both the king and the nobiUtie declared they had not seen the lyke in any house within the kingdome ; and yett this intertainment was short by neer a third as to that the first Hugh Lord Somervill gave to King James the Fyfth^ at the marriage of his eldest daughter Lady CookpooUes.' This feast being over, the king, with his traine, makes for Stirling, and was waitted upon by the principaU of the nobiUtie, who wer now at con cord, aU ther quarrelles sometymes before this being setled by the providence of this young prince, who was of a calmer and mylder dis positione then the late king his father, whose untractablenes was the great if not the only cause ofhis ruine, as is supposed. His raajestie was waitted upon by Jaraes Lord Hamilton, and the gentlemen of both the wairdes ' From the rude hospitality of Cowthally-Castle, there arose a pun on the name, which is still current araong the common people, as expressing the traditional remembrance of the good cheer it once afforded. — Cowthally, quasi Cow-daily, because a cow was killed every day of the week. 300 MEMORIE OF of CUdsedale to Stiriing, where, haveing remain ed some few dayes, the Lord Hamilton and his brother-in-law the lord chamberlane took ther leave of his majestie, and returned to Hamilton, bringing with them Sir John SomervUl of Quath quan, who had gained soe much upon the affec tione ofhis young master the king, as made these two noblemen bear a singular respect to this gen tleman, which both of them gave promise of in granting of a band of protectione to him dure ing his abode att Hamilton : and because I have aUready given yow the forme of a band of man drey in the memorie of John Lord Somervill, the father of this gentleman, I thinke it not amysse in this place to give yow that of a band of protectione, these two formes of bands as to the tenores differing. The band foUowes : — " Be it kend till all men be thir present let ters, me, James Lord of Hamilton, and Alexan der Home, Great Chamberlane of Scotland, to have receaved and taken, and be the tenor of thir present letters, receaves and takes our weill beloved cousine and famUiar servant, John So mervill of Quathquan, sone to John Lord of So mervill, for his true service till us, done and to be done to our simple mantenance and defence, and obleidges us both conjunctlie and severaUie THE SOMERVILLS. 301 therto, be the faith of our bodies that wee shall defend hira in aU his actiones, causes, and quar relles, leifefuU and lawfull, for all the dayes of his life, without fraud or guyle, and specially in brooking and joying of the lands quhilke his fa ther hes given him in heretage, and contrary to all that Uve and raay live, exceptand our al leadgeance to our soveraigne lord the king allen- nerly.' In witnes of the quhilke thing, and be cause wee the said Jaraes Lord Harailton hes nae seall present of our oune, wee have affixt in stantly the seall of our cousine James Hamilton of to thir presents, att Hamil ton, the thretteinth day of Septeraber, the year of God 1489, before thir witnesses, John Nisbett of Dallzell, Williara Harailton of Calder, David Hamilton, Parsone of Carstaires, Robert HamU ton, Parsone of Arskirkpatrick of Harailton, and Rodger CleiUand, with others ; and wee the said Alexander Home, for wee have sett to our seaU to thir presents, with the subscriptione of both our hands, the forsaid day and place, before the forsaid witnesses." This is that band of pro- ' The Knight of Quathquan having obtained such a large portion of the family estate to the prejudice of his elder bro thers of the first marriage, probably sought the protection of these powerful barons to maintain hira in possession of it. 302 MEMORIE OF tectione granted by these noblemen to Sir John of Quathquan, wherunto both ther seaUes are affixed, and ther superscriptiones both unlegible, the character being without all forme for any man to know the name or sirname of these no blemen designed in the band of protectione. Sir John of Quathquan haveing thus secured himself by his marriage and protectione, his fa- 1491. ther the Lord Somervill being dead in anno 1491, he transports, himself and his familie to Carabus nethen, the barronie wherin he was infeft upon his marriage, the house of Cambusnethan at that tyrae being only a large squair tower, four sto rie high, called the Baird's Tower, which name was still retained untill the year 1661, that the same was demolished by Sir John Harper, pre sent possessor of that barronie, who, modelUng the house eftir a new forrae, razed to the foun datione the greatest part of the old building. However, to this tower of the Baird's, Sir John of Quathquan built a great house, ane hundered foot and upward of lenth, and threttieth of breadth within the walles, all excellent aisler worke both within and without, standing upon fyve spatious vaults, being only three storie high, with a large turnepyke betwext the old tower and the bodie of this house, which serves both. THE SOMERVILLS. 303 I have often adraired soe fair a frontispiece and excellent workeraanship of soe large bulke, that promises soe much, to have not above fyve roomes besyde the vaults, and these nothing to com mend them but ther largenes. This I suppose is to be imputed unto these tymes, wherin, indeed, they built weill, but contryved ill, as may be seen in all the ancient houses of Scotland : ne ther are the workemen altogither to be con demned in this, seing the noblemen and gentle men built more for their safetie then convenien- cie in that age.' Archibald Earle of Angus being now made chancellor in anno 1493, Sir John of Quathquan 149S. goes to court, it being the fyfth year of King James the Fourth's reigne, where he continued neer four years, dureing which tyme he was knighted and gratified by the king with severaU benefices, particularly with that gift of nonentrie and recognitione of the lands of GiUmertoune, aUready mentioned in his nephewe's memorie. The old Scottish castles were ill provided with lodging apartments. The numerous retainers were indeed feasted in the hall, but retired at night to the village or hamlet which ad joined to the castle, unless when they remained to garrison it, upon which occasions their accoraraodations were probably very indifferent. 304 MEMORIE OF And now that posterity might not blame hira, being soe great att court, that he did all for hira self and nothing for his pupill, in anno 1500, George Gordoune Earle of Huntley being chan cellor, he obtaines frora the king, in favours of his pupill, a charter of new infeftments fbr hold ing of the barronies of Carnwath and Lintoune blenche, which formerly held black waird of the croune. This was the only benefite that his pu pill. Lord John, reaped by his tutorie, or that which the house of Cowthally had reasone to thanke him for eftirward ; but whether or not the barronie of Lintoune in Roxburgh shire was sold about this tyme, is that which I cannot re solve ; but this I know for a certane, that the Kerrs of Lintoune, possessores of this barronie at this present, ther originaU right is from Lord John Somervill, and ther hes not been ane of that name since Sir John of Quathquan his tu torie. But passing that, I returne to Sir John of Quathquan, who, haveing raised his house by the king's favour, his father's bountie, and his oune marriage, continued the same by sure and firrae freindship with all his nighboures, soe he re solved to establish his familie for the future by as honourable ane aUya as was within the na tione. THE SOMERVILLS. 305 The Lord Mugdock, the Earle of Montroses eldest sone, being rauch given to the sport of balking and hunting wanted the company of non soe much as young Cam busnethen,' a briske young raan rauch about his oune age, and excessive in these sports wherto the Lord Mugdock was inclyned. This gentle raan, frequently at his balking or hunting,, used to wear at his syde a letherne bag, covered with scarlet satine, for holding of his halkes raeat, which gave the first ryse and occasione to that nicknarae wherby he was called, Sir John zvith the read bag, and continues soe to be designed by all that speakes of him untill this day. The frequent meetings the Lord Grahame and young Cambusnethen had togither, upon the account of ther sport, occasioned ther often stay at others houses, where young Montrose first saw Mary Soraervill, eldest daughter to Sir John of Quath quan, who intertained this young nobleman with that respect due to his qualitie, and favour an swearable to the dear freindship that Avas be- ' That is, in ancient Scottish phraseology, the son and heir of the existing, proprietor, who, if his father lived to the age of old Parr or Jenkins, and he himself to the verge of ordinary huraan existence, was always designated the Young Laird. U 306 MEMORIE OF twext him and her brother, whom she loved for his many vertues and kyndenes he had to see her honourably matched. The Lord Grahame, upon the first sight of this lady, had a lykeing for her ; but haveing conversed a Utle, he found by her discourse the inward qualificationes of her mynde was answearable to the outward per- fectiones of her bodie, which wer exceUent every way ; and it wer folly for me to praise this lady, remembering of what famiUe she was, which, for four succeeding generationes, brought furth daughters that was second to non in the king- dome for vertue, beutie, and breading, such as that age allowed. Nor was ther any (albeit of greater qualitie) raore honourably marryed then they wer, soe that at this day the most eminent families in Scotland hes, by affinitie or consan guinitie, a relatione to the house of Cambusne then.' Dureing the tyme of the Lord Grahames ' Our genealogists agree that William, second Earle of Montrose, raarried Janet Keith, daughter of Williara Earl Mareshal ; but, as is afterward mentioned, Sir John Somer ville of Quathquan certainly marriedMargaret, sister of the Earl of Montrose : what authority the author had for making out a cross alliance does not appear. Perhaps Mary Somerville had died without issue, a circumstance which often induces genea- ogists to pass over an unfruitful spouse, as unworthy of a place in the pedigrees they compile. fHE SOMERVILLS. 307 courting of this lady, Read Bag, for soe I must still designe young Cambusnethen, although bis true name was John, falles in love with a second daughter ofthe Earle of Montroses, naraed Mar garet, whora eftirwards he raarryed.' Haveing the favour of the young lady, the assistance of the brother, the consent of the old earle was soon obtained, ther being noe long deraurre. A double marriage is agreed upon betwext the earle and Sir John of Quathquan. The contracts are dated att Glasgow, the tenth of JuUy, 1510, 1510. and both the marriages foUowes in September thereftir. Sir John of Quathquans tutorie and curatorie four years before this tyrae expyreing, he begane to observe the erainent vertue that appeared in the tender years of his nephew Hugh, only bro ther to Lord John, who now being about the age of twentieth and one, corapleanes to his rela tiones, that both his brother and himself, with ther estate, had been too long under the man nadgement of ther uncle, litle to ther advantage, and lesse to ther credit, either of which his eldest brother was incapable to discerne, know, or re- I She had been previously married to William, Master of Lennox-. 308 MEMORIE OF " meed ; but for hiraself, he would continue noe longer under that subjectione, nor yet suffer his brother to be abused, nor his fortune ruined, as, in aU likelyhood it could not otherwayes be, if his uncle had the mannadgement therof, as should be found by what Sir John had aUready done in the tyrae of his tutory and curatory to ther pre judice. Sir John of Quathquan being advertised of this, makes it his bussines to place such about the Lord Somervill as should give him tymeous advertisement of all transactiones, or privat wryt- tings that might passe betwext the brethren, in trusting these confidents of his likewayes with the intromissione with the rents, which they compted for still with him, albeit eftir the year 1506, the discharges was still granted by John Lord Somervill to the tennents ; and thus for four years he continued ; but finding this pro- cedor of his in prejudice of Hugh, who was to succeed to the estate, to be Ul taken by raost of the freinds of the house of Cowthally, and par ticularly by Patrick Earle of Bothwell, who was then beginning to be in great favour with King Jaraes the Fourth, he resolves to give over all direct medleing with the Lord SomerviUs estate ; but that he himself, nor his successores, might not be called in questione for his intromissione, THE SOMERVILLS. 309 he bringes Lord John to Edinburgh, and pro cures that ample declaratione and discharge all- ready mentioned in Lord John's meraorie ; it is dated the eleventh of August, 1510; eftir which Cambusnethen concerned himself not in the Lord Soraervilles affaires. He outUved this tyme but three years, before King James the Fourth, haveing, in anno 1513, resolved to raake warre 1513. upon England, by the instigatione of the French ambassador, and Bernard Stewart, that famous warriour under Charles the Eight of France ; but that which hightened and exasperated the brother kings was the death of Robert Ker, Warden of the Borders by three Englishes, Heirone, Starhed, and LUlburne ; as also the killing of Andrew Bar- thon, who, upon ane old quarrell begune in the reigne of King James the Thhd, had purchased letters of reprysall against the Portingailles, by Thomas Haward, the English admirall is slain. These, with severall other pettie injuries, has- tenes King Jaraes the Fourth to his ruine, not withstanding the interest of state, the teares of • his queen, the perswasione of his nobUitie, and the sad predictiones that foirtold his fatalitie, which is fully related by Hathorneden. With the conjectures about this king's death, whether killed in the batteU or eftir murdered by the 310 MEMORIE OF Homes, it makes to my purpose to show that as Sir John of Quathquan lived in the favour ofhis royal master, soe he dyed with him, being in the retinue of .George, Master of Angus, his ladyes cousine-germane, and Sir WilUam Doug las of Glenbervie, aU of whom, with two hun dered gentleraen of ther relationes, wer kUled at this unfortunate engadgement of Floudon, anno 1513. And thus lived and dyed Sir John of Quathquan, with whom I should never have ended, if all his particular actiones and transac tiones with persones of all rankes and qualities wer here insert. Let it suffice, that before his death, he had, and brought togither, the greatest number of wryttes that was in any private man's hands not relateing to the publict in Scotland ; and, to be ingenuous, what I have written ofthe memory of the house of Cowthally and ther ca dits, are from his charter chist ; and I am apt to believe the present Earles of Carnwath hes few or noe evidences beyond the year 1500, at which tyme the holding was changed in favours ofthe last Lord John. Wliat children Sir John had besyde his eldest sone, who succeeded to him, and William of Trabra and two daughters, the Lady Montrose, and Elizabeth, marryed upon the Laird of DieU, I know not. As for himself. THE SOMERVILLS. 311 he was a gentleman borne to actione, of a noble and generous spirit. He understood how to en gadge by his assiduitie and services the greatest families of Scotland to his freindship, knowing that albeit he was weill enough staited in his prince's favour, yet it was hard to stand against envy, especially of the great ones. Dureing the fyftieth and four years that he lived, he gave evidence by his actings that he carae short of non of his predecessores for worth and vertue. Doubties if it had beer> his fortune to have been the eldest brother, or if his two nephewes had dyed, whereby he might have succeeded and been Lord SoraervUl, he had raised the house of CowthaUy to a higher degree of honour and greater estate then any of the name that was before him in Scotland. His lady outlived him but some few years, and lyes buryed in the quier of the old church of Cambusnethen, now with out a roof, ther being a new one erected and built of the sarae name at a place called the It was impossible for me to wryte lesse of this noble gentleman, seing his merites craves noe lesse, haveing left a charter chist that many sheets of paper would have but served to inven- 312 MEMORIE OP tar the wryttes therin, 148 years eftir his death. It came to my hands when it had remained neer seven years in the Laird of CleiUand's house, and been piUaged by every man, Sir James So mervill, the last laird of that familie, had sent to it. I shaU noe further of this worthie gentle man, but informe that he was the second cadite in the qualitie of a barrone that went of the house of Cowthally, the Laird of Plaine being the first, but much short of Carabusnethen both for honour and estate ; nether was ther any of the narae of Soraervill in Scotland that attained to the qualitie of barrones but these two that I can find, thoughe there was many landed gen tleraen, both before and eftir this tyrae, cadites of the house of Cowthally, off whora I shall take notice, and give ane account as I proceed in the memories of the four succeeding lords ; but se ing Lord John stands yet in my way, who out lived his uncle eleven years, in aU which tyme he acted nothing by himself, thairfore I shall referre what was done in his affaires dureing that space to the meraory of his brother Hugh. However, I think it not impertinent, before I begin that relatione, to acquaint you that Lord John dyed in Cowthally castle, about the age of THE SOMERVILLS. 313 threttieth and nyne, in the year 1524,' and lyes buryed in the yle of Carnwath church, being as incapable of marriage as he was of doeing any bussines. Thairfore both his honour and estate fell to his only brother, Hugh, off whom I ain next to treat. Off Hugh, Lord Somervill, the twelth Barrone of Lintoune, the nynth of Carnwath, the sexth ''Lord Somervill, and sexteinth from Sir Gualter de Somervill ; and of Read-bag, ihe second Bar rone of Cambusnethen. Hugh Lord Somervill, sone to William Bar rone of Carnwath, and only brother to Lord John, succeeded to hira in all his fortune and honours in the year 1524, and of his oune age 1524. threttieth and four or therby, haveing now been the second tyrae marryed, a gentleman much borne doune in his youth ; for noe sooner began he to appear to the world eftir his minoritie was • There seems to be some mistake in this date. From pro ceedings in parliament, to be hereafter noticed, it would ap pear that Hugh Lord Soraerville possessed the honours and estate in 1523. 314 MEMORIE OF past, but his uncle, Sir John of Quathquan, who had been sole tutor and curator, and absolute intromitter with his oune and his brother's es tate, took speciall and particular notice of him, fearing if eftirwards this gentleman should suc ceed to the estate of CowthaUy, he might call him to ane accompt, both for his intromissiones and actings ; but that which he doubted most, his nephew being of a pregnant spirit, that he should make sorae interest at court, taking ex ample from himself, should follow that methode which had brought him to soe rauch honour and greatnes : And indeed in this he was not mis taken, for his minoritie being out in the year 1506, he begane not only to consider his oune affaires, but to concerne himself with these of his brothers. Lord John, which made his uncle, Sir John of Quathquan, to crosse him all he could, both at court and any interest he could make with his brother or other freinds related to the house of Cowthally ; notwithstanding wher of he went foirward vigorously, and resolved not to suffer his brother's simplicity, nor yet his un cle's great interest and fi-eindship att court, to destroy that estate. He begane now to look up on it as his oune. In order to this he labours first to secure these of his relationes to his inte- THE SOMERVILLS. 3 15 rest, which he did effectuat ; but at lenth found that it did but litle advance his affaires, or put any restraint upon his brother, who wes preyed upon by every bodie that had any medleing in his affahes. Thairfore as his uncle, by macheing with the Douglasses, had engadged one of the noblest faraUies and greatest in narae of any in Scotland to his oune interest, soe he resolved to be nothing short of him in aUyance. The house of Hamilton, by marriage to King Jaraes the Third's sister, who had been the wife of Thomas Lord Boyde, from whora she was divorced and marryed upon James, the first Lord Hamilton, by reasone wherof this familie was now at a great hight both for honour and estate, and the name universaUy the most thriveing of any in Scot land ; and amongst thera all non raore about this tyme then a young gentleman, James Harailton, naturaU sone to Jaraes, the second Lord Hamil ton, and first Earle of Arrane, begotten on a daughter of the Lord Boydes. This gentleraan, by his father's donatione, had the lands of Fin- hard given him in patrimony, by which he was ever designed, although eftirwards, by his inte rest att court and great trust and favour he had of King James the Fyfth, being his thesaurer, he purchased in a short tyrae a vast fortune in lands. 316 MEMORIE OF equal to, if not much beyond the house of Ha milton itself, as was supposed ; and for strong and stately houses, being the king's master of worke, and the principaU arcbitector of that age, ther was non did equall him for the royall houses, that was the palace of j^HoUyrudehous, Linlithgow, Falkland, and some part of the foir- worke of the castle of Stirling. A great part of these staitly buildings was either built or much repaired by him, in which conditione they con- tinued till our tyme, except Falkland and Holly- rudehouse, that was brunt by the Englishes ; the later being now rebuUt and made one of the regularest palaces in Brittane. It was with this gentleman Hugh Lord Soraer vill begane to be intimate long before his great nes att court, or Lord Hughe's oune comeing to the estate of Cowthally. That which moved him heirunto was the eminent place this gentleraan's father, the Earle of Arrane, held with the king, and the consideratione how steedable he raight be to hira. He understood too weill by what he mett with frora his uncle Sir John, who albeit directly by hiraself he appeared not to medle much with his nephew Lord John's affaires eftir the year 1506, yet had he still with him such of his oune creatures as absolutely governed him, and made him doe what he advj^sed, which I THE SOMERVILLS, 3l7 could instance in many particulars, but being of pettie concerne I passe thera over : Sir John's maine bussines was to have an eye upon this young gentleman att court, wherof he was sure enough soe long as King James the Fourth li ved ; albeit Lord Hugh, in the quaUtie and con ditione he was in then, was not wanting to raake severall addresses to his majestie, both by himr self and the mediatione of sorae grandies for re dresse of these disorders that happened dayly by his brother's raismannadgeraent, to the inevita ble ruine of the faraUie and house of Cowthally, if not prevented by sorae restrictione putt upon his brother. He, thairfore, craved that warrand raight be granted by his raajestie and counsell to hira, or such as they should be pleased to ap poynt, for the government and oversight of that estate that it perished not ; but all this was to noe purpose, for these that favoured Sir John of Quathquan, alias Cambusnethen, perswaded the king, then James the Fourth, ther was noe ha zard that ther would be any thing done amisse in the Lord Soraervilles affaires soe long as his uncle lived. Hugh haveing raett with this of tener then once or twice, resolved to presse it noe further, but attend a raore favourable oppor tunitie. Next to James Stuart, Arch-Bishope of 3 1 8 MEMORIE OF Saint Andrewes, and ChanceUor of Scotland, the Earies of Erroll and Argyle, ther was non soe great att court, nor more in favour with the king, then BothweU Hepburne, who, being cousine- germane, once removed with the two brothers, made severall journeyes to Cowthally to advyse Lord John to take himself to ane honourable mantenance, and aUow his brother Hugh the government of the estate, which he was not able to mannadge of himself. But noe intreaty nor perswasion could prevaill with hira ; for to have used reasones had been lost labour to one who Was not capable of reasone and extreraely will- fuU. The Earle of Bothwell, finding he could not prevaill, told Sir John the uncle, in some passione, who purposely had been sent for to Cowthally, that he might continue his tutorie soe long as his nephew lived, for certanely he stood in need of one, and it was fitt he should be that rather then any other, seing his only brother Hugh was denyed all trust, he had the greatest interest, and deserved it as weill as any other, being most concerned. This tryste being brock en up, Hugh accompanies the Earl of Bothwell to Edinburgh, where it was resolved ther should be a supplicatione drawen and given to the king and counsell, which was aU the judicatorie the THE SOMERVILLS. 319 natione had. at that tyme for civill actiones, both for bringing Sir John of Quathquan to a compt and reckoning for his twentieth years intromis siones; and that some of the Lord Somerville's neerest relationes raight be appoynted to intro- raett with the rentes, and oversee Lord John's wholl affaires. This petitione was given in to the counsell upon the twentieth and fourth of JuUy* 1510. What returne it had I find not, for there is noe delyverance neither upon the back therofi nor yet at the foot of the wrytting, which makes me apt to beleive it is but a double which I have seen, and that Hugh Somervill is sub- scryveing the petitione. However, Sir John of Quathquan was soe startled and affrighted with this petitione, that upon the twentieth of Au gust thereftir he bringes in his nephew. Lord John, being then in the twentieth and eight year of his age, to Edinburgh, which was the first and last tyme that ever he was there, and caused hira grant that discharge and declara tione wherin he approved and allowed all that his uncle had done dureing his long tutory. Hugh being at Edinburgh with his step-grand- raother, who was the second tyrae a widow, by the death of her second husband the Laird of Lusse, was resolved to goe abroad, but could S20 MEMORIE OF obtaine non of his freinds consent, particularly his step-grandmother, who was very kynde to hira, even in oppositione to her oune sone. Sir John of Quathquan, diswaded hira from that re solutione ; yea, his uncle, as he thought, have ing secured hiraself in law, by that ample dis charge and declaratione aUready mentioned in Lord John's raeraory, wrote a very kynd letter to hira to forbear that resolutione of goeing abroad ; and he proraised to give up all the trust he had from his brother, and put him in posses sione of the whole estate, allowing only ane ho nourable mantenance to Lord John Soraervill, conforme to his ranke and qualitie ; and in this Sir John of Quathquan was as good as his word ; for upon the eleventh of October, 1510, a great many of the name of SomerviU mett att Cow thally, in order to the composeing of all differ ences betwext the uncle and the nephewes. These that raett wer William SomerviU of Plaine, WilUam Somervill of Cambo, David Somervill of Batla, James SomervUl designed of Maphett, and John SomervUl his sone. Most of these gen tlemen wer of the judgement that Lord John should instantly make over his birth-right to his brother Hugh, and put him in possessione of the estate of Cowthally upon such termes as the THE SOMERVILLS. 321 freinds there present should setle upon to both ther credites and advantage. This proposaU was withstood by James Soraervill of Maphett, and his Sone John, both raainly by young Carabus nethen Red Bag, who hoped to succeed his fa ther. Sir John of Quathquan, in the trust and mannadgement of the estate of Cowthally, as he did eftirwards, though the sarae continued but a short space. This meeting, through disagree ment of freinds, succeeding noe better, Hugh confirraes his forraer resolutione to make interest att court by some honourable marriage. Anna Hamilton, naturall daughter to James, the first Earle of Arrane, and full sister to Sir Jaraes Harailton of Finhard, by being begotten upon that same mother, the Lord Boyde's daughter. This marriage was solemnized att the castle of Hamilton, upon the twentieth day of December, 1510. The earle being then a widow, or at least soe esteemed by his divorce from Elizabeth Home, sister to Alexander Lord Home,' Great ' This divorce was of a very doubtful character, and long after its validity was called in question by the lords of King James's party, with a view of flinging the imputation of bastardy on the Duke of Chatelherault. 322 MEMORIE OF Chamberlane of Scotland. The seasing of Hugh Lord SomerviU is of a date posterior to this mar riage, and is at present in the hands of the now Lord Duke of Hamilton. Being now setled, he resolved to dwell at the tower of Carnwath toune, where his father WUham had lived, and wherin he dyed. In order to this, the house being somewhat ruin ous, he caused repair the sarae ; and in May he brought his lady frora the castle of Harailton to Carnwath, being accompanyed with most of her relationes, and the gentlemen of the nether ward, in which infare he gave the first evidence how great a housekeeper he would prove. Some two years he Uved quyetUe, without concerneing himself rauch in his brother Lord John's bussi nes ; but the face of affaires being now changed by the death of King Jaraes the Fourth, who was killed at the batteU of Floudoune, in anno 1513, in which battell Sir John of Quathquan, his un cle, (one ofthe king's favourites,) also feU, with his great patrone, his ladyes nephew, George master of Angus, sone and heir appearand to Archibald Earie of Angus, nick-named Bell-the- Cati. Eftir the death of Sir John of Quathquan, who THE SOMERVILLS. S23 was kiUed att Floudoune, Hugh, his nephew, begane to move in his afiaires to purpose ; ' and in January, 1515, he raises ane breiff of idiotrie, 1515. out of the king's chappell, against his brother. Lord John, directed to the shirrefs of Lanerk, or ther deputes. But on Tuesday, the twentieth and fourth of January, Red Bag, now Cambus nethen, eftir his father's death begane to have a great interest and raedleing with Lord John's affaires. Wherefore, soe soon as he had intelli gence that Hugh had purchased this breiff, he comes to Edinburgh, and petitiones the coun- * At first, however, without effect, since it appears that the relict of Sir John of Quathquan retained the raanageraent of Lord John, and excluded Hugh from his brother's presence, and frora the castle of Cowthally ; and that Hugh in vain at tempted to obtain the tutory of his brother by application to the king and council. " Anno 1513, XXIII. Novembris, Anent the sumraondis rasit at ye instance of Hew Soraervell, bruyer and apperand air to Johne Lord Soraervell, apoun Elizabeth Carmichell, ye spous of vmquhil Johne Somervel of Camnethan, Knycht, that quhar ye said Lord Soraervell is nocht of perfyte wisdome and knawlaige to haue ye reule and gouernance, and was debarrit yarfra be ye said vmquhil Sir Johne, and now inlykwiss the said Elizabeth withhaldis ye said Johne Lord Somervell in ye house of Cuthele, and will not de liuer him to ye said Hew, houbeit he lias requirit hir yarto, as at mar lenth is contenit in ye said summondis, baith ye saidis partiis being personall present. The lordis of conseil assolzeis ye said Elizabeth fra the petition of ye said Hew, as it is li* belled, &c. — Records, ut supra, p. 534. 324 MEMORIE OF seU in behalf of his cousine Lord John, that both the persones and place of the inqueist might be changed, which he obtaines by this ther grant, the tenor wherof foUowes : " James, be the grace of God King of Scots, to our lovites Duncan Riche, GUbert Ruther- fuird, Jaraes Bizett, John Adarasone, and John Davidson, messingers ; William SomerviU, James KeUoch, John SomerviU in Moffett, and John Somervill in GreenfeUd, our shirrefs in that part, conjunctiy and severally, speciaUy constitut greet ing. Forsuameikle as it is humblie meaned and showen to us be our cousine John Lord Somer vill, tiiat wher his brother, Hugh Somervill, hes raised ane breif of idiotrie out of our chappell upon our said cousine, direct to our shirrefs of Lanerk and ther deputes, quhilke complaint is to be suit in our tolbuith of Lanerk before our said shirreffs of the samen, or ther deputes, on Thursday, the twentieth and fourth day of Ja nuary instant, notwithstanding that the matter is great, and that ther is but few freeholders within our said shirrefdome that are of substance or un derstanding to passe upon the inqueist for serve- ing of the said breiff, and our said cousine should be judged be his. *' Our will is heirfore, and wee charge you THE SOMERVILLS. S25 straitiy, and commands that incontinent ther our letters seen, because our said cousine is ane lord of parliament, and that sick breif of idiotry are not usit, nor seusurt to be suit in the shirref court, ye passe and suraraond and warne the lords and barrones best and worthiest, and least suspect of our said shirrefdorae of Lanerk, and of the four halfes thereabout, to compear before our said shinref of Lanerk and his deputes to our tolbuith att Edinburgh, the said day to passe upon the inqueist for the due serveing of the samen. With the qlk place and tolbuith of Edinburgh wee dispence, be thir our letters, and admittes the samen to be as lauful as the said tolbuith of Lanerk for the serveing of the said breiff; and that yee warne our said sherrifs of Lanerk to compear the said day and place, with his officiars and macers of court, for the serveing of the said breif, where part ofthe lords of our counsell may be present to see that justice be adrainistrat ; and that yee warne the said Hugh of the said day and place, soe that he may cause the saids lords, barrones, and freeholders, to ane sufficient number, to be suramoned in due tyme. The quhilk to doe wee committ to yow, conjunctly and severally, our fuU power be thir our letters delyvering them be 326 MEMORIE OF yow duely execute and indorsat again to the bearer. Given under our signett at Edinburgh, the eleventh day of January, and of our reigne the first year. " Ex deliberatio7ie Dominorum consilij." But notwithstanding of thir letters purchased from the king's counsell, this actione lay dor- ment for neer two years, as appeares by that procuratory granted by Lord John in anno 1516, in the moneth of March, to Cambusnethen, to compear for him to gainesay and object against the said breif of idiotry, or any other actione his brother Hugh might have against him. This procuratory, with the king's letters, I have here insert, that the style in those tymes may be seen, because they are not knowen to many, nor yet to be found in every bodies bands. The procu ratory foUowes : " Be it kend tiU all men be thir present letters, wee, John Lord Somervill, till have made con stitut and ordainet, and, be the tenor of thir present letter.s, makes, constitutes, and ordaines, the right worshipfuU men and my trustie fi-einds John Somervill of Cambusnethen, Master Adam Otterburne, Master Francis Bothwell, Master Robert Galbraith, and John Nisbett, Barrone of DaUzeU, and ilk ane of ^hem conjunctly and se- THE SOMERVILLS, 327 verally my very laufull and undoubted procura- tores, actores, factOres, and speciaU earand bear ers, giveand, grantand, and committand to my foresaid procuratores, and to ilk ane of them conjunctiy and severaUy, my very full, free, and plaine power, expresse bidding, coraraand, and charge for me, in ray name and upon ray behalf, till corapear before ane honourable man, Patrick Barrone of the Spittellfeild, or any other per sones, shirrefs of Lanerk in that part, be our soveraigne lords coraraissione direct therupon in the tolbuith of Edinburgh, the twentieth and fourth day of the moneth of March instant, or any whatsoever other day, tyrae, or place ; and there, for rae and in my name, tUl object against and gainsay ane breif of idiotry,- purchased be Hugh SomeryUl against me ; and in the forsaid cause, gif need be, bestow instruments, to make exceptiones and till answear be all terraes and proces as law effeires ; and gif need be, till aUeadge and propone against the judges and ministers of the said court, and the day and place protestationes to make, instruments to raise, and all and sundry other things to doe, exerce, and use, that to the office of procuratory in sick caices is knoune to appertaine, or that I myself might doe if I wer 5 328 MEMORIE OF present in propper persone, firme and stable, haldand and for to bald aU and whatsoever things my saids procuratores, or any ane of tbem, con junctly and severally in the premisses, in my name, right easily leades to be done, of all and sundry my goods, moveable and imoveable, present and for to come. In witnes of the quhilk to thir present letters, I have fixt my seall at Cowthally, twentieth and ane ofthe moneth of March, the year of God 1516, be fore thir witnesses, William Boyd of Ladein- hathe, William Somervill, David SomervUl, Al lan Lockhart, Gilbert Boyd, and Sir Hugh Crau fuird, chaplane, with others.'' To this right of procuratory the Lord SomerviU affixes only his seall, without subscry veing, which is three mul lets or starres, with sex corslets, all of thera somewhat differently placed upon the scheild be what the successor of this lord had them, who added a double crosse to the armes. What his reasone hes been I understand not, unlesse that haveing done it when he was second brother, continued them soe when he came to be lord himself. The successe of this affair was at least answear able to Hugh's designe as to the maine, notwith standing of thes procuratory, and Cambusne- THE SOMERVILLS. 329 tiien's.endeavGur to the prosecutione ofthe same, by all the interest he could make with the Dou glasses power,' who, in a maner, then governed all by ther cheifes marrying of the queen ; for albeit legally he gott npt his brother by the se cond inqueist declared ane idiote, yet by an in- terloquitor from king and counsell, he was im powered to intromett with the wholl rentes be longing to the lordship, the raaines of CowthaUy and Larapts being appoynted for his brother's raantenance, and the title and entrie of vassalles was reserved to him dureing his life. Thomas Somervill of Blackcastle,* and David Soraervill ' At this time the country was torn to pieces by factions, particularly those of the Douglasses and Harailtons, headed by their chiefs, Angus and Arran. The Knight of Cambusnethan was connected by marriage with the first of these earls, as his cousin, Hugh Somervillie, was with the secpnd ; and, besides that Angus and Arran strenuously endeavoured each to place his own ally as guardian of the imbecile Lord John, it seems probable that the strong castle of Cowthally \^'a3 an object of" desirable occupation to both parties. That Angus, by favour pf the Knight of Cambusnethan, occupied the castle occasion ally, is eyident frora a plan forraed to besiege him in it, which was proposed by Hamilton to Home, the Lord Chamberlain, and rejected by hira. — Pinkerton's History, vol. II. p. 126, note. ^ This person, an adherent doubtless and relation of the So merville faraily, figures in a law-suit betwixt thera and Sir John B-op of Montgrenan — " Anno 1491, xviii Mali. In ye acteoun 330 MEMORIE OF in GreenfeUd, wer ordained to place trustie ser vants with Lord John, both for the care of his and causs persewit be Johne ye Ross of Montgrenain, Knycht, aganis Williara Someruale, sone and apperand are to John Lord Someruale, William Inglis, duelland in ye Est Schile, and Johne Someruale in the Blak Castell ; yat is to say, ye said Williame Someruale for ye wrangwis interruptioun and perturbatioun maid to ye said Johne ye Ross, of ye sesing and possessioun geven be ye said William Someruale, his propir landis, to ye said Johne ye Ross, of ye landis of ye Erdhous and Huntschele- wod, pretending him to interrup and brek ye said sesing and possessioun efter ye gevin of ye sammyn, and to here ye said pretendit interruptioun decernit of nane avale, force, nor effect, and to give ane testiraoniale vndir his sell of ye said sesing yat he gef, and als apoun ye occupatioun and manurin of ye mid- dill thrid parte of ye said landis of ye Erdhouse, and of ye thrid parte of ye landis of Huntschelewod, pertening to ye said .lohne ye Ross, but tak or assedatioun of him and ye saidis William Inglis and Johne Someruale to here ye takis yat yai haid of j'e saidis landis decernit and declairit of nane avale, becaus yai haf put saidis landis in ye handis of ye said William Someruale, and maid him occupiare of ye saidis landis, but licence or autorite of ye said Johne, quhilk William is owre lord of ye saidis landis, and dois preiudice to ye said Johne ye Ross be ye said inter ruptioun, and becauss he is of gretare conditioUn and estate na yaim self, or yat yai said mak subtennentis to yaim, and for ye said causs to here ye saidis takis forfalt and declarit of nane avale, and of ye wrangwis withhaldin of ye Martiraes raale last bipast of ye saidis landis extending to twa li. pertening to him as assignay to Patrick Hume of Fastcastell, and for costis and scaithis sustenit be ye said John yarthrow, all ye saidis partiis beand present be yarself and yar procuratouris yar ressonis and allegatiounis and vnderstandin, ye lordis auditouris decrettis and deliueris yat ye said William has done wrang in ye makin of ye said interruptioun and perturbatioun to ye said Johne in te geving of ye said sesing and possessioun, and pretending THE SOMERVILLS. 331 persone, and the bringing in the rentes of these lands for the use of his house, which he still keept att Cowthally soe long as he lived. This bussines being setled to the content of all the name, Cambusnethen only excepted, who storm ed extreraely that he was disappoynted of his him to brek the said lesing effer ye gevin of ye sammyn, and yarfore decernis and declaris ye said pretendit interruptioun and brekin of ye said sesing of nain avale, force, nor effect in tyme to cum. And also decretis and deliueris yat ye said Wil liam sail gif ane testiraoniale vndir his sele to ye said Johne ye Ross of ye gevin of ye said sesing, and yat he does wrang in ye occupatioun of ye said thrid parte of ye landis of Hunt schelewod, and yarfore ordinis him to decist and cess yarfra in tyme to cum, becauss ye occupatioun wes grantit be ye pro curatouris of ye said William, and na richt schewin for him why he occupiit ye sammyn bot allegiit to be assignay to Wil liam Someruale, howbeit he mycht nocht be assignay, becauss he wes owr lord of ye sammyn na schew na assignatioun yarof, and alss decrettis and deliueris that ye said William dois wrang in ye occupatioun and manurin of ye said raiddilthrid of ye Erdhouss, and yarfore ordinis him to decist and cess yarfra in tjrme to cura to be broikit be ye said Johun, eftir ye forme of his infeftraent gevin to him yarapoun, and alls yat ye said Wil liam sail content and pay to ye said Johne ye Ross, as assig nay forsaid ye said xl s of ye said Martiraes male, and ordinis our souerane lordis letrez be direct hereupoun for ye puttin of yis decrett to executioun, and because ye said William Inglis grantit ye occupatioun of a part of ye saidis landis. The lordis yarfore, of ye consent of ye said Johne, ordinis him to remaine with ye tak of ye saidis landis, at ye will of ye said Johne, he payand raalez and dewities to him yarfore as efferis." — Records of Parliament, p. 4'13. 332 MEMORIE OF expectatione in haveing the same interest that his father for a long tyme had in the estate of CowthaUy, The first thing Hugh did, haveing his resi dence att Carnwath, and the estate of Somervill secured to him, was to buUd the cross, which yet remaines there, and beares his oune and ladyes name upon it, with the armes ; the year of God it hes not ; however, I find it built in the moneth of JuUy, 1516. Nether was ther any crosse att Cari)wath before that tyme, nor within the bar ronie, save that of Newbigging, built by Sir Gualter of Newbigging, or some of his predeces sores ; for that crosse to know it by hes nether letters nor other armes, save a double cross, re- sembleing that which the crosse doUers beares at present. This gentleman, getting possessione of his brother's estate, and the mannadgement of the wholl affaires relateing therto, was not soe pleasing to him as in any measure to compense a sad dispensatione the Lord was pleased to tryst him with, about the later end of this year, 1516; for his lady, Anna Hamilton, and two of her sones dying of the smaU-pox within lesse then a quarter of a year of each other. Any may judge this was a heart-afflicting greiff, to lose soe ex cellent a young lady and her children, who, ber THE SOMERVILLS. 333 syde the tender affectione of a husband and pa rent, had great hopes, by ther interest, to secure what he was allready in possessione off, and in expectatione to raise his fortune to ane higher pitch, which now he lookes upon allraost as des perate, in regaird Red-Bag's interest with the Douglasses, being the sister sone of Bell-the-Catt, and cousine-germane to the present Earle of An gus and Douglasse, that had marryed the queen's daughter of Scotland, and sister to Hendrie the Eight of England. This marriage, ther great power, and the king's minoritie, made the Dou glasses inhance the wholl governraent of Scot land in ther hands, soe that this gentleraan look ed upon his interest with the Hamiltones as lost, because of his lady and children's death, they being soe neer related to the Hamiltones, who wer of greatest power to crush or crub the in- solencies of the Douglasses, being neerest to the croune if the king should have dyed. But alace ! his feai-es was soon removed, in regard that in a very short tyme ther was noe good understand ing betwext the queen and her husband, the Earle of Douglas, which at lenth occasioned her divorce from the earle. John Duke of Albanie /eturneing from France, and takeing on hira the 334 MEMORIE OF regency and governement of the realme, with the tutorie of the young king, sent the Dou glasses out of the country, which, from the year 1513 to the year 1522, had still been in broyles, by the contentiones ofthe nobilitie, wherin every man syded as his affectione and interest led him. Cambusnethen, ouneing that of the Douglasses, and his cousine Hugh that of the Hamiltones, which, as this did incresse ther animosities, soe it altered ther fortunes twice in a few years. Be fore this came to passe, in anno 1511, Hugh marryes for his second. Lady Janet Maitlane, daughter to William Maitlane of Leidingtoune, kiUed att the battell of Floudoune, and sister to Sir Richard Maitlane, being one of these two famous brothers, WiUiam and John, the first se cretary to Queen Mary, and the other chanceUor to King James the Sexth, of whose pubUct act ings I shall not presume to wryte any thing, se ing they make a great part ofthe historie of these tymes wherin they lived, as any may see that wUl be pleased to peruse Spotswood for the church, and Buchannan for the state. This marriage being in JuUy, it was the later end of September before he brought home his young lady to Carn wath, who, haveing travelled noe further before THE SOMERVILLS. 335 that tyrae then betwext Leidingtoune ' and Edin burgh, beleived it to be a greater journey for her then sorae of our ladyes now thinkes it to goe to London. But that w^hich she adraired raost in her journey was the hUles upon her right hand, haveing gone the Bridge-house way, and the barenesse of the tower of Carnwath, haveing noe planting, yea, not soe rauch then as a kaiU-yaird. There being nothing under her view frora the house north-west but a great raosse, she fancied the order and progresse of the Israelites journey was inverted by hers, haveing left the land of Canaan to fix her habitatione in a wildernesse. But these thoughts did not long perplex her ; for the table being covered and supper served up, she quyetlie enquyred at her husband, if ther was any great raarket toune neer by that he had all that provisione frora. He told her, with a srayle, yes, he had two or three that was obleidged to yeald hira raore nor what she ob served upon his table every day, and that upon noe other account but because it was his pleasure ' Ledlngtoune is situated in a rich part of East Lothian; Carnwath in a very upland and moorish part of the district of Lanerkshire. SS'e MEMORIE or to recreate himself some tyme in them. This she could not understand ; but with a kisse he as sured her, that within three or four dayes she should be ane eye witnes to the truth of what he told her. The weather being seasonable, he was as good as his word ; for many gentlemen being invited to Carnwath, in order to the infare, and, amongst others, his cousine-german, Carabusne then, albeit ther was noe good understanding betwixt them, with his lady, the Earle of Mon troses daughter, the Laird of Dalzell, the Bar rone of DieU, then Nisbett to his sirname, the Laird of CleiUand, with severall other gentlemen of the nether ward, all of whom wellcomed this young lady to the countrey ; and this was not the least part of her wonder to see soe many ladyes and gentlemen in so short a tyrae con- veinne, and yet, soe farr as her sight could reach, she could discerne nothing but raoores, and some few cottages scattered here and there : But this noble company, and the great fare, made her leave these thoughts, and intertaine her guests with a grace that was naturall to her, especially at meat, which made King James the Fyfth, who was often her guest, say, he nether had such well come nor soe great fare in any of his subjects houses as he receaved at Cowthally from his May THE SOMERVILLS. 33^ Maitlane, a nicknarae his raajestie was pleased to give her, which she retained untUl her death, the import of the word being in effect Mother Maitlane,' which she deserved very weill, have ing a nuraerous faraUie to oversee and provyde for, besyde her dayly charitie to these that need ed, which she extended so largely and soe uni versaUy, that the rememberance therof reraained more then ane hundered years eftir her death. But I passe this, seing frequent occasiones eftir ward wiU offer to mentione her name in the fre quent intertainements her royall master was pleased to receave at her house. Dinner being ended, she witnessed some desyre to goe abroad, wherin the Lady Carabusnethen did second her, and this did suit weill with all ther inclinationes, especially her husband's, who had ordered sup per and most of ther lodgeings att Cowthally, his brother Lord John's familie makeing use only but of one of the towres therof. Ther progresse was first to the river syde, alongst the Lamepets haughes ; a fairer piece of ground, nor raore prp- ' This is rather inaccurate, for the phrase is usually, though not exclusively, applied to maidens. But it is probably derived from the French mie for amie, or mistress. See Jamieson's Scottish Dictionary, ad verbum. .338 MEMORIE OF fitable in ane out countrey is not within the na tione, where they beheld two hundered cowes, young and old, grassing along the bankes of the river of Clyde, besydes large meadowes reserved for ther winter ground betwext that and the viUages of Carnwath being ded with sheep ; aU this being under ther prospect, as they stood upon that green hiU, that eftirward John Earle of Marre designed to buUd the house of Cowthally on. At this place Hugh came up to his lady, and asked how she lyked that sight. She answered, nothing better nor more pleasing could be seen then these meadowes and that levine ground, with ther furniture. " But how farr," sayes she, '* is it to the toune ye promised to let me see ?" Whereat he laughed heartih, and told the Lady Cambusnethen and the rest of the company the discourse that past betwixt him and his wife the first night att supper. When she came to Carnwath, rydeing doune the river syde, they turned at the march of Carstares bar ronie, then wholly, or for the greatest part, as to the propperty, possessed by the church, the baiUzierie and comraand being the Lord So- mervUle's for many years before and eftirward. At lenth they carae to Cowthally Loch, wheron THE SOMERVILLS. 339 ther was a boat, which served for drawing the nets for fishes, wherin it abounds of aU sorts, such as in use to be in any fresh- watter loch :' and, besyde this, ther is to be seen, throughout the greatest part ofthe year, many watter-fouUes, very usefiUl for houses keeping ; soe that it may be warrantably asserted, this loch furnished ther tables both with fishes and foulles ; and, at pre sent, if it wer rightly raannadged, by the use of a Coy duke,' as they have in Holland, consider ing theseat of the loch, and the nature of the wholl countrey thereabout, it raight yeeld a con siderable' revenue to'theouner therof. The boat upon the loch could admitt but of sex persones, thairfore the company resolved to take ther re creatione upon the watter by turnes, four ladyes and two gentlemen at a tyme. The first that en tered was the Lady Cambusnethen, she being accustomed with the watter, by the frequent oc casione she had to crosse Clyde at her oune dweUing. The Lady Somervill was timerous, as never being upon the watter before, to goe en ter the boat ; but the confidence of the Ladyes ' Tliis lake is about a mile in circumference : no fish are now found in it save small perches. * Decoy. 340 MEMORIE OF CarraichaeU and Westerhall, who passed before, made her venter with the rest. The loch was sraooth, the weather being now calme and very pleasant. They: rowed the whoU lenth and breadth of the loch, the Ladyes Carabusnethen and Carmichaell sometymes applying the oares, to make knoune ther skiU, and give confidence to the Lady SomerviU, who now quytting her feares, was as forward as any of thern, which she eftirwards testified, being often present in the boat at the drawing of the nets. This loch not being farr frora the house of CowthaUy, (have ing wearyed themselves at this recreatione, and the sun neer setting,) landing at the north-west end ofthe loch, and seeing the houses neer by, they would not take ther horses again, but walk ed upon foot, the gentiemen accompanying them alongst the top of the or rig of dry hiUes that leades directly frora the loch of CowthaUy, where, passing two litle bridges of stone, wherof one yet stands, they entered the first closse, which was only office-houses, unto the second gate upon the right-hand, where stood that great tower wherin Lord John then dwelt. I shall leave the de scriptione of this house untill I corae to wryte of Lord Hughe's buildings ; and then it shall be 7 THE SOMERVILLS. 341 done according to the best informatione I have frora these yet alyve, that saw it in it's best con ditione. Lord John, besyde his infirmitie at this tyrae, was contracting that disease wherof, seven years eftirwards, he dyed, and was the very sarae that removed his father, WiUiam, master of Somer vill, in the midst ofhis dayes. However, aU the company, as they passed, rendered him a visite ; and his sister-in-law, a raost respective and sub- raissive one, and which she ever observed to hira dureing his life. He thanked all the corapany in the best terraes he could ; and they, not wiU ing to be. farther troublesorae, tooke leave and went to supper, where ther fare was beyond all that the young lady had seen, wholl sheep and legges of cowes being served up in tiraber platers, or rather in troches of ane awell ' forme, made out of the trunkes of black and firme in the tiraber, as if they had been ibony or brizell, sorae of which remained untill my tyme. This was a vanitie and unthriftie custome they observed at ther treates in these dayes, for it was in the great quantitie of these> • Oval. 342 MEMORIE OF and abundance of tame and wylde fouU, that they gloryed most. The fashione of kickshoes and desertes was not rauch knoune, nor served upon great raen's tables, before Queen Marie's reigne. Araongst other discourses att supper, Hugh told his lady she had seen two of the tounes, and to-morrow the third shoiUd be dis covered to her that supplyed his table soe plen- tifuUy. By this she understood he meaned the Lampits, the loch, and the moores of Carnwath, for wilde fouU. Supper being ended, most of the company remained att Cowthally, and the rest that could not be lodged there, went to Carn wath tower, the distance not being farr, but aU retumed the morrow and dynned att CowthaUy ; and thus they continued for some dayes, being feasted some tymes at the one house, and then again at the other, untill Saturnesday morning eftir brealdast, Cambusnethen, his lady, and all the nether waird gentlemen took ther leave, and receaved the complement of being convoyed the lenth of Cleghorne by his cousine Hugh and his lady, where they parted with great deraonstra- tiones of kyndenes, and assurance given to con tinue for the future ih firme freindship. But myne and thyne devydes all the world, as h did, THE SOMERVILLS. 343 within a few years, these neer relationes upon this occasione. John Duke of Albanie haveing receaved the governement, the first thing of any iraportance he did, as most reraarkable in our histories^ was to stryke off the heads of Alexander Lord Home and WiUiam his brother, and confiscated ther goods, and forfaulted ther lands. Being thus rid of the charaberlane, he did much fear that others of the great men would disturbe the peace ofthe countrey^ Being resolved to goe to France, he makes the Earle of Angus governor in his ab* sence ; but withaU joyned with him the Earles of Arrane and Argyle, the Arch-bishopes of Saint Andrewes and Glasgow. Dureing this tyme ther faUs out great troubles betwext the Earle of Angus and the Earle, of Arrane, the questione being for the baillzieship and right of keeping court in Jedburgh forrest, the Earle of Angus his lands ; but in which Andrew Ker of Fairniehirst challenged a right and priviledge of doeing justice, and punishing of malefactores as heretable baUlzie. In this contraversy Arrane syded with Fairniehirst, in oppositione to the Earle of Angus. He sendes his base sone JameS HamUton. As he was on his way towards Fair niehirst to assist him, John SomerviU of Cam- 344 MEMORIE OF busnethen, nick-named Red-Bag, settes upon him, kiUes fyve or sex of his corapany, took threttieth raen and horses, and persewed hiraseff soe neer that he was forced to run into Home castie for his safety.' This fact was imputed to Angus, on whom the Laird of Carabusnethen did for the raost part depend, as being his nephewes men, thinking that this was done by bis direc tione ; but it is WeUl knoune, besydes this quar rel, and his relatione to the earle, that Cambus- nethen at this tyme had a particular feed with the HaraUtons, which he evinced by a second attempt ; for a conventione being appoynted att Edinburgh, where Archibald Douglas of Kill- spindie, the Earle of Angus uncle, or cousine- german rather, being provest, the Hamiltones ' Sub idem fere tempus, semina discordiarum jacta sunt inter coraitera Angusise, et Andreara Carum Farnihestium, ob jurisdictionera agri quidem comitis, sed in quo jus conventuum habendorum Andreas sibi esse aifirmaret. Reliqua Carorum familia comiti, Andrese vero Hamiltonii favebant, magis ob Duglassii odium, quam quod certum jus esse Caro arbitraren- tur. Igitur, cum, sub diem conventus, in majoris, quam pro re de qua contendebatur, aleam certaminis sese utrique pararent, Joannes Somervallius, Duglassianae factionis, juvenis nobilis et magni animi, Jacobum, Araniae Comitis filium nothum, in iti- nere aggressus, quinque comitum ejus occidit, reliquos fugavit, supra triginta equos cepit." — Buchanani Historia, apud Opera, Edin. 1715, foi. p. 261. THE SOMERVILLS. 345 refuised to come thither, alleadgeing that they could not thinke themselves assured of their lyves in the toune where he was provest^ The gentle man, to cutt of this excuse, layes doune his office, and in his rourae was choysen Robert Logane, burges of Edinburgh. The HamUtones ther upon comes to the toune, and finding the Earle of Angus but meanly attended, his freinds not being yet corae, they assembled togither ther factione in the Arch-bishope Beatones house, then chancellor, in the Black Frier Wynde, and there resolves by all meanes to apprehend Angus. The occasione was fair at this tyrae, considering his singlenes and ther raultitude. Soe soon as Angus heard of ther consultationes, he sent to thera his uncle, the Bishope of Dunkeld, de- syreing that if they had any greivanee or just quarrell against him, they would complean ther of to the conventione, to whose censure he would submitt himself, and make such satisfactione as it should please them to ordaine, and to this pur pose Dunkeld spocke to Glasgow, the chancel lor, to move the rest to accept of this offer, and that he would not be ane instruraent of civill dissentione. But he had faire perswading of hira. Noe raan was deeper in it then he, who was ring leader to the rest, and very episcopally had putt 846 MEMORIE OF on arraour to be present at it, and to assist them hiraself in persone ; yet he sought to excuse him self, and laid all the blarae upon the Earie of Arrane, who said he was highly offended with the Earle of Angus for many occasiones, but cheifly for the affi:ont done to his sone by So mervUl. Soe far the author of the historie of the Douglasses gives us ane account of Cambusne then : But in his relateing of ther actings that day, he ascryves it wholly to the conduct and valour of the Earle of Angus, whereas it's cer tane that whatever hand the Earle of Angus might have, being the principaU nobleman and most concerned, yet Cambusnethen was the prin cipaU actor of that bussines, as is evident from the act of parhament relateing to the Laird of Carabusnethen's forfalture, which eftirwards shall be spocken to. The matter in efiect being this. Carabusnethen, haveing brought David Horae of Wedderburne, his brother, and severall others that favoured the Douglasses, to the street of Edinburgh, in oppositione to the HaraUtones and the chancellor,' upon Munday, the last of " These gentlemen, with their followers, forced the Nether- bow-port, a gate which divided the city from the suburb called the Canongate, and thus appeared at the critical moment when THE SOMERVILLS. 347 Apryle, 1520, att ten hours, assaltedthe persones and followers of the chancellor and .the Earle of Arrane upon the High-Street of Edinburgh, as they wer goeing to the tolbuithfor adrainistra- tione of justice as they pretended.) Prevailling in this, he expeUed ^ them and alfther foUowers furth ofthe toune ; and when,, upon the first of May, haveing incressed ther number, they de signed to returne to the toune, Cambusnethen charged them again upon the Barrow Muir, forceing them with losse to reteire ; for all which actes of hostUitie against the chanceUor and Ar rane, being regents for the tyme, in the parlia ment holden att Edinburgh, the seventh day of Apryle, 1522,. by John Duke of Albanie, the Laird of Cambusnethen was forfaulted, and the gift therof given to James Earle of Arrane, Hugh Lord Somervill,; and Sir James HamUton of Fin- hard. Upon this grant and forfaulture the Lord SomerviU' puts hiraself in possessione of the Angus was likely to be overpowered by the multitude of his enemies. The skirmish was long remembered by the popular epithet of " Cleanse the causeway." ' Not John Lord Somerville, but his brother Hugh, acting perhaps in his name. As the two brothers adhered to different factions, it becomes difficult to trace the various incidents af fecting the family. 348 MEMORIE OF fourty pund land that lay within the barronie of Carnwath, belonging to Cambusnethen in prop perty, but holding] of the Lord SomervUl. Sir James Hamilton of Finhard possesses himself of the barronie of Cambusnethen.' What feU to the Earle of Arrane's share I find not in wrytt ; but that Cambusnethen at this tyme had the fourth part of the barronie of Stenhouse, Drum, GiU mertoune, and Gutters in Mid-Louthiany with severall uther lands, both in Peebles and. in Gal loway, is certane, from wryttes and evidences yet reraaining. Dureing the tyme of Carabusnethen's banish- raent and forfaulture, which was three years. Sir 1S25. Jaraes Hamilton buUt much at Cambusnethen, for he brought a great buUding in forme of. a court from the south west quarter of the Bairds ther tower, and joyned it to the east quarter of ' It is probably this forcible possession of Cambusnethen which is alluded to in an original letter from Sir Philip Dacre to Lord Dacre, 25th July, 1522, by which we are informed, " that, by Albany's comraand, Arran had taken Somerville*'* house, who was a partizan of Angus and Home, and turned his wife out of doors, though she was delivered but the day before." — Pinkerton's History, vol. II. p. 203. Note. The Somerville here mentioned must have been Sir John of Quathquan, the ally of Angus, and mortal foe of Arran. THE SOMERVILLS. 349 that great bodie of the house of aisler worke, built by Sir John of Quathquan. This additionall building consisted of three quarters three storie high, and had in all twentieth and four roumes, which were still named the Harailtone's Worke, I haveing seen this rayself in the very forme it had. I have often adraired soe excellent a raan, and soe rauch admired both for his publict and privat workes, should have contrived soe ridi colous a building as this was, haveing nothing to commend it but a nuraber of rouraes, and staires twelve or thretteinth foot squair, one light and one sinking privie, ane rourae for a bedsfeed in each of the chambers, soe that it resembled ane hospitaU, and rather diminished then added either beautie or convenience to the great house. Some two years eftir this John Lord Soraer vill dyed, as is alheady related. His brother now takes the title, and is designed Lord Somervill, who, being in possession of these lands that be longed to Carabusnethen, tennent steeded all the roumes belonging to hira within the barronie of Carnwath with his oune relationes, or such as wholly depended upon the faraiUe of Cowthally. Thairfore, in the year 1525, the eleventh of JuUy, the parliament haveing restored the Laird 350 MEMORIE OF of Cambusnethen to aU his lands, by takeing off the forfaulture,' he requyred the Lord Somer- * This restoration of fortune and blood took place on the third of August, 1525, upon a reconciliation between the great rivals Angus and Arran. The former doubtless stipulated for indemnity to John Somerville of Cambusnethan, as being one ofhis most attached and active adherents. The record of par liament is as follows : « Anno 1525. Tertio Augusti. Anent ye summondis rasit at ye instance of Jhone Somervale, sumtyme of Cambusne thane, aganis Maister Adam Ottirburn of Auldhame, aduocat to our souerane lord, and aganis .James Erie of Arane, Hew Lord Somervale, and James Hamiltoun of Fynnart, Knycht, allegit donatouris to our said souerane lord and .Jhone Duke of Albany, his tutour and gouernor ofhis realme for ye tyme, in yat part of all and sundry landis, gudis, movable and vn- movable, of ye said Jhone Somervalis, be resoun of ye dome of forfaltour gevin aganis ye said Jhone, and ilkane of yame for yar interess to heir and see ye said dome of forfaltour gevin aganis ye said Jhone in ye parliament haldin at Edinburgh apoun Monunday, ye vii day of ye moneth of Aprile, ye zer of God i" V* and xxii zeris be ye said Jhone Duke of Albany, &c. gouernour of yis realme for ye tyme, adiugeand and de- cernand ye said Jhone Somervale to have committit and in- currit ye crymes of lese maiestie in diuerss punctis contenit in ye said dome of forfaltour. That is, in art and part of ye cruell and treasonable inuasioun of ye persouns of ane maist reuerend fadir in God, James, yan Archibischop of Glasgw, chancellar, and of James Erie of Arane, Lord Hararailtoun, twa of ye re gentis of yis realrae, in absence of ye said Jlione Duke of Al bany, gouernour, yai beand passand fra yar house in ye said toun of Edinburgh to ye tolbuith of ye sarain, for administra- tioun of justice, apoun Monunday, ye last day of Aprile, in ye zer of God, i™ v' and xx zeris, aganis quham ye said Jhone, with his complicis, arrayit batell apoun ye public streit Ireson- THE SOMERVILLS. 35 1 yUl to repossesse him in these of Carnwath, which he refuised to doe. Carabusnethen ther- ablie, with wapnis inuasiue. And for ye tresonable art and part of ye expulsioun of ye saidis regentis, and ye laif of ye lordis furth of ye said toun yai beand deput for administratioun of justice. And . for ye tresonable resistance and irapediment making to ye saidis regentis and lordis being with yaim, sa yat yai njycht not do justice to our souerane lordis liegis, because yai war be ye said Jhone and his complicis be way of armes compellit furth of ye said toun. And for ye tresonable art and part of ye said conuocatioun of certane tratouris and rebellis of ye realme ; as David Hume of. Wedderbum, and his breyer, with a multitude of thevis and vyer ill doaris, ye first day of Mail, ye zer of God forsaid, arrayand batell in ye sicht of our souerane lord, apoun ye borrowmur of Edinburgh. And for ye tresonable assistance and favour gevin to ye said David Hume of Wedderbum, and his complicis, tratouris, and rebellis in ye taking of ye castellis of Hume and Wedderbum, and furnissing of ye samin contrar ye said regentis and our souerane lordis auctorite. And for ye tresonable conuocatioun of our souerane lordis liegis passand be way of batale in our said' souerane lordis sycht to ye townys of Linlithgw and Striveling, notwithstanding ye said Jhone and his complicis war forbiddiu to do ye samin be our souerane lordis lettrez, under ye pane of tresoun, and at his returning in ye tresonable arraying of batale aganis ye said Jaraes Erie of Arane, and inuasioun of him, as inuasion of our souerane lordis persoun, he beand ane of ye regentis of ye realme, and lieutenent of ye est marchis, aganis Ingland and Lothane, slayand diuers of ye kingis liegis, beand vnder his baner with ye ^said James Erie of Arane, de- cernand yarfore ye said Jhone to haue forfaultit his life, and all and sindry his heretagis, annuell rentis, possessiouns, su- perioriteis, with yar pertinentis and offices, with all and sindry his gudis, movable and vnmovable, to out s<3|ierane lordis vse and his successouris, to be assignit and perpetualie applyit or 352 MEMORIE OF upon persewes Thomas SoraerviU of Blackcastle, David SomervUl of GreenfeUd, and severall uther vyerwayis, at ye will of ye said Jhone Duke of Albany, protec- tour and gouernour of ye realm for ye tyme, to be disponit as in ye same dome of forfaltour is at mair lenth contenit, with all yat followit yarupoun to be cassit, adnullit, retretit, decernit, and declarit of na strenth, force, nor effect, fra ye beginnmg and in tyrae to cura. And als to heir and see ye said Jhone Somervale declarit be our souerane lord, with ye counsale and avise of ye thre estatis of his realme to be restorit to ye faith and pece of his hienes, and to all and sindry his landis, annuell rentis, dominiouns, perpetuale and temporale offices, superiori- ties, jurisdictiouns, fame, honour, and digniteis, and to all and sindry his gudis, movable and vnmovable, and in ye samin state and place yat he was in befor ye geving of ye said dome of for faltour aganis him for diuerss resouns and causis contenit in ye said sumraondis. Our souerane lord comperand in parlia raent be Maister Adara Ottirburn, his aduocat. Hew Lord So mervale being personally present ; James Erie of Arane, and James Harailtoun of Fynnart, Knycht, lauchfully summoned to yis actioun, oftimez callit, and nocht coraperit.. The rychtis, resouns, and allegatiouns for our souerane lord being allegit and schewin be ye said Maister Adame, the forsaid summondis and punctis yarof, and yai yarwith being at lenth riplie auisit all in ane voice without variance gaif yar sentence, and decreit of parliament, resindand and retretand ye dome of forfaltour gevin agane ye said Jhone Somervale at Edinburgh, ye day and zer above writtin, and fand and deliverit yat ye sarain was iniustlie and wrangously led aganis the said Jhone, becaus eftir ye executioun of ye said sumraondis quhar upon ye said dome was gevin, and before ye geving yarof, ye said Jhone was re- mittit of all crymes contenit in ye said summondis and dome. Likas his reraissioun gevin him yarupoun, schawin and producit in face of parliament, proportit and bure, and yarfor rescindis, retreti s, cassis , and adnullis ye said dome of forfaltour, led ani THE SOMERVILLS. 353 tennents and possessores of his fourtie pund land within Carnwath barronie, and that before the comraissar court of Carnwath, it being a coUegiat church, and this court a church judicatory, as would appear, it had this priviledge at that tyrae, for he gott them acted for payraent, which they refuised, wer cursed by the church, therupon supplicatione was given in to the king and coun seU upon the twentieth and seventh of JuUy, 1526. Wherupon he procures ane speciaU war- 1526. rand from the king, for to distreinzie all the goods of these persones, untill he was payed, conforme to the sentence passed in his favoures. This Cambusnethen atterapting to doe, was de forced and stopped by Hugh Lord SoraerviU, and slaughter made upon the place. Wherupon Carabusnethen reneues his petitione to the lords of counseU ; and upon the twentieth and second of August, 1527, he obtains an ample warrand gevin aganis ye same Jhone Somervale, and decernis ye samin of nane avale, force, nor effect, with all yat followit yarupon, and reponis, reintegratis, and restoris ye said Jhone till his ho nour, heretagis, landis, rentis, possessiouns, offices, actiouns, and gudis, movable and vnmovable, siclik and in als araple manere as he was before ye geving of ye said dome, and yat letrez of publication be gevin heirapoun in dew forme as efferis." — Records qfthe Parliament qf Scotland. 354 MEMORIE OF from them to charge the Lord SomerviU, be open proclaraatione, att the market crosse of Lanerk, and his compUces, for eshewing future slaughter betwext thera, to desist frora hinder ing John Somervill of Cambusnethen to putt his letters in executione against his tennents, with certificatione of the highest nature, in caice of disobedience. By this proceeding Cambusnethen was payed, and had peaceable possessione of aU his lands within the barronie of Carnwath. This morsall being pluckt out ofthe Lord So mervill's hands, he was content to live in peace, makeing now (his brother Lord John being dead) his residence att Cowthally house, which stood within the mosse, and, before this lord's tyrae, could be non of the convenientest, in re gaird it consisted only of three great towers, not one of them joyned to other. The first was that upon the north next to the moss, directly four- squair ; and, by what was standing of it vriien I saw it, it appeared by the contryvance and rude- nes of the workmanship, to be the first buUding that ever had been there, and of long continu ance. The second was that upon the east, look ing to the toune of Carnwath, a perfect circle, as the foundatione represents, which is all that is standing of it. The third is that which was THE SOMERVILLS. 355 buUt by WiUiam, the second barrone of Carn- wath,^ of the name of SomerviU, and stands yet upon the right-hand as ye enter the second gate, looking to the south : it's four-squah, and tvrice walled, and hes had a double battlement, the first wherof hes gope of the levin of the second vaults AU these towers wer joyned only by a barakine wall, and each of them in breadth and lenth had but one spacious rourae, one above another.' It's likely, by what reraaines of two of * This was the ancient mode of building castles in Scotland. The most simple was a barmkin, or fencible court-yard wall, with a tower within it. Nor do they seem to have had any idea of variety, but merely added one tower to another, as a family increased in wealth and importance. The following edict of parliament throws light upon the architecture of the age : " Anno 1535. 12°° Junii. Ffor bigging of strengthis on ye bordouris. " Item, it is statut and ordanit for saiffing of men yare gudis and gere vpoun ye bordouris in tyme of were, and all uyer troblous tyme, that every landit man, duelland in ye inland or vpoun ye bordouris, havand yare ane hundreth pund land of new extent, sail big ane sufficient barmkyn apoun his heretage and landis, in place maist conuenient, of stane and lyme, con- tenand thre score futis of ye square, ane eine thik, and vi elnys heicht, for ye resset and defenss of him, his tennentis, and yair gudis in trublous tyme, with ane toure in ye samin for liimself gif he thinkis it expedient. And yat all uyir landit men of smaller rent and reuenew big pelis and gret strenthis as yai pless, for saiffing of yare selfis, men, tennentis, and gudis. And 356 MEMORIE OF them, they have been four storie high ; but how they came to the uppermost roumes passes my understanding.' This was the fabrick of the house of Cowthally, when Hugh Lord Somer- viU begane to build ; and I admire, considering the baseness of the stance, the unwhoUsomenes of the place, being double ditched, with stand ing watter about it, and inconveniency of the house itself, being impossible to raake it regular, without razeing the wholl to the foundatione, he should not have iraployed his money and paines upon a better stance, seing ther was raany pleasanter and convenienter stances for a house within the barronie of Carnwath ; but, in all probabilitie, the same reasones that necessitat the first builders to place ther habitatione there, moved him to continue his ; for countrey feedes was yet in vigour, and banding amongst the no- yat all ye saidis strenthis, barnikynnis, and pelis, be biggit and corapletit within twa zeris vnder ye pane." — Records qfthe Parliament of Scotland. ' In sorae of the most ancient towers there seeras to have been no staircase, the inhabitants ascending from one story to another by raeans of a ladder placed against a hole, or trap door. And, in other cases, it is plain that the staircase has been no part of the original building, but hollowed out after wards from the thickness of the corner wall, or inclosed in a turret of later date than the apartments to which the stair leads. THE SOMERVILLS. 357 biUtie and gentrie, soe that upon the least of fence they wer in arraes ; and if by inequalitie of nuraber wer really worstit, they wer neces sitat to flee, the house itself and its situatione was a sure retreat ; for ther was noe possibilitie to approach the same but at two passes, which a few men might easily defend j ' or because it had been for a long tyme the principaU residence of his predecessores, might prove the only mo tive to perswade him to contryve it soe for the ' Besides the strength of the castle of Cowthally, surround ed on all sides by an impassable raorass, and only capable of approach by a narrow causeway, or tongue of land, tradition alleges a superstitious reason for the choice of the situation. It is said that the work was begun by the original founder upon a sloping hill, near the morass in question ; but that in a dream or vision, he beheld a spirit transport the foundation-stone of his intended castle to the present site : . and finding, in the morning, that the foundation-stone had actually been reraoved, he accepted of the hint, and adopted the situation, which seemed thus recommended by supernatural revelation. The same story is told of Callaly castle, in Northuraberiand. As the names are sirailar, the legend raay have been borrowed by -the one from the other. To a modern eye, Cowthally requires the miracle most for vindication of the architect. The Nor thumbrian rhime runs nearly thus : Callaly castle stands on a hight. It's up in the day and down in the night ; Build it up on the shepherd's shaw. There it will stand and never fa'. 358 MEMORIE OF futui-e. Thairfore, in anno 1524, he buildes one quarter upward of ane hundered foot, standing east and west, joyning to the north tower, soe that one syde of it made a part of the syde wall of this building. The tower itself being without the house, had three parts of it only seen, the fourth being for a part of the syde-wall of the great house ; and had doores strucken through for each storie. The west end of this great buUd ing outstreatched the old tower twentieth foot ; and upon the south corner had a great round frora the foundatione, a part wherof yet standes, and hes served for studies. The east end of this sarae building carae to the old round tower upon the east, which served that coiner, and raade it conforme to the west tower ; but that this tower was much bigger, and served for a charaber. The wholl foundatione of this building, old and new, stood upon sex vaults, and a litie one be neath the south-west rounde. The staircase that served this house was a large turnepyke, placed upon the south, neer to the midle of the build ing, the sheU being round for the most part, was seen without that syde-wall wherupon it was placed. AU this great building had in the se cond storie but sex roumes, in the new building a great hall, wherin the first contained of se^. THE SOMERVILLS. 359 tieth foot ; a bed-charaber upon each end, twen tieth and four foot square, for that was the breadth of the house. Each of the old towers had but one large rourae that went of the sarae flooring ; the one of them hes gone ofthe broad syde of the hall, and the other within the east chamber. That chamber upon the west of the hall had the benefite of a large studie from the round upon the south-west corner of the house. What roumes was in the third and fourth stories may easUy be conjectured, for that space and lenth above the great hall being devyded in three, makes nyne roumes in every flooring. This house being finished, three years thereftir, in anno 1528, he drew a long building conforme of a gallery, standing upon seven vaultes, frora the south-side waU of the east pud of his new house, the old round tower upon that quarter being without all along the east quarter of the tower, fronting the village of Carnwath, and joyned it to that great squair tower upon the south, and right-hand as ye enter the second gate, which, when it was finished by his grand child, the last Lord Hugh, for this lord raised the same only two storie high, made two quar ters compleat of the court, and of ane equall hight. Before this tyme ther had been buUd ings upon the west quarter of ane equall hight ; 360 MEMORIE OP soe by this gallery the court had just three com- pleat quarters, and was all open to the south,. save by a thick wall about fyve elles high, much wherof yet standes, which devyded be twext the inner and outter court, thad had only office houses. The foundationes only now are to be seen ; and of the great house of the inner court ther is only standing the west end of the great haU.' The chimnay brace which beares the SomervUles armes, with the inscriptione of HughLordSomerviUe'sname, incircleing. Ther is much likewayes standing of that old squair tower that was upon the broad syde of this hall, and hes been certanely the first building in that place. There is likewayes a part of the small round, and some of the schell ofthe turnepyke yet standing, with a great part of the tower at the second entry, which was buUt by WilUam, the second Barrone of Carnwath ; for the whoU of this building is standing within the syde of a great mosse, upon a green parsell of ground in forme of ane island somewhat longer, the breadth not exceeding half ane aiker, or three quarters, of ground at most, which allowed, to my under- ' Brought to Drum in 1698, and placed in the staire caice built in the same year; and, in 1741, placed in Lord Somer ville's tower.— 0?7'o-. Note. '( %.ulLi i THE SOMERVILLS. 361 standing, rourae neither for gairden or orchyaird. Barren timber ther was, as sorae liveing assertes j' but, to wryte the truth, the house, in it's best conditione, hes neither been staitely nor conve nient. Soraething of greatnes and strenth it had, being double ditched about, and the walls ex- ' From the account of the ruins of Cowthally castle, given in the statistical account of the parish, it would seem that though the trees have been long since dead, the tradition concerning their existence continues to flourish " On the west side of the large moss, to the north of the village, on a narrow point of dry land that juts out a little into the moss, are the ruins of Cowthalley, the seat of the ancient family of the Somraer- villes, a branch of the Sommervilles of Whitchnor, in Eng land, and which settled in this country about the raiddle of the 12th century. This faraily, the raost powerful and opulent in this part of the country, were at one time possessed of the ba ronies of Carnwath and Liberton in Clydesdale, and of Linton in Tweeddale. Sir John Somraervilla of Carnwath and Linton was a steady and faithful adherent of Robert Bruce, in the violent and bloody contest he had to raaintain for the crown. This castle had once been a place of great strength, surround ed with an excellent deep ditch, arid large earthen mound, the entry being by a drawbridge on the W. Tradition says, that it got the name of Couthally (which signifies a warm sheltered walk or avenue,) because at this tirae there was an avenue from the castle all the way to the village of Carnwath, border ed on each side by full-grown oaks ; and what seeras to give weight and confirmation to this tradition is, that when this moss is dug to the bottora, large' oaks are often found, some of them in a surprising state of preservation, considering the amazing depth at which they now lie." — Statistical Account of Scotland, vol. IV. p. 335. The reverend author has mistaken Linton in Roxburghshire, for Linton in Tweeddale, which never belonged to the family. 362 MEMORIE OF ceeding thick, as was the use in these tymes ; and indeed this was all to commend it ; for ther could not be a worse situatione pitched upon, in my judgement, then this for a dweUing. But all the defects of the place was abundantly sup plyed by a noble lord and vertueous lady, who, being raother to sex children, three sones and three daughters, brought them up vertueously, and saw all of them provyded for and honour ably marryed in her oune tyme, as eftirwards shall be declared. King James the Fyfth, from his minoritie, had been tossed lyke a tinnes ball, soraetyraes under this factione, and then under that, as the power and interest of the factiones of the queen, the Duke of Albanie, and the nobilitie took place. The first that challenged the guardianshipe and tutelage of the king was the queen, to whora it was given soe long as she continued a widow, and followed the counsell and advyce of the chancellor, and uther great counseUers of the kingdorae. But in this her governement the peo ple wer ever in motione, mutinous, and delight ing in changes, did not long last ; for the wholl countrey was in a manner under the comraand of these four : Alexander Lord Gordoune in a raanner ruled and commanded the countreyes THE SOMERVILLS. 363 northward the river of Forth ; Alexander Lord Home usurped allmost the royall authoritie over the countreyes ofthe south ; the Earle of Angus, by marrying of the queen, would needs be um- peh, and have aU matters of state and church disposed of and governed according to his plea sure ; James Earle of Arrane, Lord Hamilton, being neerest of blood to the king, could not but with indignatione look upon the undeserved greatnes of these usurpers. " Under the shadow of this polygarchy," sayes Drumraond, " turbu lent, eviU-disposed raen, abhorring quyetnes, raised the countrey, and did what they pleased." These contendings haveing at lenth, principally by the continuance of Alexander Lord Horae, then great charaberlane of Scotland, brought home John Duke of Albanie, sone to Alexander Duke of Albanie, and brother to King James the Third, whose government being rauch mis trusted, by these very factiones of the nobilitie dureing his sex years regency, he at lenth quyeted the same, and went to France, without any more returning to Scotland. The Duke of Albanie being now gone, the queen assumes the governraent again with the persone of her sone, leaves Stirling, and comes to Edinburgh, lodges herself and the king within the castle, orders all 364 MEMORIE OF things within the citty according to her oune raynde ; and, to give the fairest lustre to her ac tiones, a parliaraent is caUed att Edinburgh, that what she did might consist with law. The day on which this parliament should been held, two factiones began again to strugle; that of the queen's, wherin wer the Earie of Arrane, Mur ray, Eglintoune, with many other nobleraen in the west ; and that of the Earles of Angus, Len nox, and Argyle, the Archbishop of Saint An drewes, and others who joyned with them rather out of fear then good will. This bussines was lyke to come to blowes ; but at lenth some churchmen interposing themselves, perswaded the parties to a mediatione. Wherupon the par liament sits doune, in which the authoritie ofthe former governement, the Duke of Albanie, is abrogated, and eight lords wer choysen to have the custody of the king's persone quarterly, every one his moneth successively ; and the wholl to stand for the governement of the state ; yet with limitatione that the kmg, by ther coun sell, should not determine or ordaine any thing in great affaires, to which the queen, as princes dowager, gave not her free consent and appro batione. The lords that wer choysen wer Saint Andrewes, Glasgow, Aberdeen and Dunkeld, THE SOMERVILLS. 365 the Earles of Angus, Arrane, Lennox, and Ar gyle. But the authoritie of these trusties con tinued not long ; for the state begane of new to be tossed by the troublesome factiones of the queen and the Earle of Angus, untill at lenth the Earle of Angus, notwithstanding that the Archbishop of Saint Andrewes, the Earles of Arrane, Argyle, and Murray, who wer of the queen's factione, laid a plott to accuse Angus upon high treasone. Ther accusationes Angus made the king and the other partie offering to back ther charge with force, resolves to repell force by force. Wherupon he marches out of the toune of Edinburgh, and takes the king alongst with him. Which when the leaders of the queen's factione understood, they reteired back again to Stirling, where they disbanded. This factione discipated, the Earle of Angus re mained more assured, and now he findeth noe competitor. Thus, whill the king reraained a shadow to the earle's governraent araidst soe many distractiones, disorders, and jarres of the grandies, ther wer severall attemptes made by the king's instigatione to free him frora the power of the Earle of Angus, first by the Laird of Buccleugh, and then by the Earle of Lennox ; 366 MEMORIE OF but both these being worsted in Open feild, and the later killed upon the place, att the conflict which happened betwext him and the Earles of Arrane and Angus neer LinUthgow, in the moneth of September, 1528. But at lenth what open force could not doe, the king performed with this stratagerae : The king, araidst his foUowers, walkes in his parke of Falkland, considering of what a tedious train he was releived off, the Earle of Angus being now gone from court to visite his oune dwelling place, and to order sorae of his private aflfaires, he considered how suddenly occasione might turne her bald scalpe, if presently he took not hold on her. Thairfore he resolves to ac complish by stratagem what the affectiones of his nobilitie could not performe by force. " It is delightfull," sayes Drummond, " to under stand every particular circumstance in the pro gresse of the actiones of princes." Upon this resolutione the king directed the foster of his parke of Falkland to give advertisement to such gentlemen about who keeped houndes, the next morning to attend him, for he would airly have his game. He supped sooner then his custorae was, intertaineing the captaine of his guairds with more then usuall ceremonies and representa- THE SOMERVILLS. 367 tiones of the next morning's sport, withall in viting hira to go to his rest. The night being short, about the suraraer solstice, the waitters all shifted, and the court husht, shooting his cham ber door, in the apparell of one of his groomes he passed the guaird to the stable, where, with two who attended him with spare horses, he posted to Stirling, where, by the queen's inteUigence, he was expected in the castle.' • The following lively and interesting account of the king's escape from the domination of Angus occurs in Pitscottie. — " Bishop James Beaton called the Douglasses and the king to the Pasch in St Andrews, and there made them great cheer and merriness, and gave them great gifts of gold and silver, with fair hackneys, and other gifts of tacks and steedings, that they would desire of him, that he might pacify their wraths therewith, and obtain their favours. So the king tarried there a while quiet, and used hawking and hunting upon the water of Edin ; till at last the Earl of Angus wearied in Fife, and therefore he asked leave of the king to go to Lothian to see his business, and left with the king Archibald, his father's brother, and George, his own brother, and James Douglas of Park- head, who was captain to a guard of raen that was about the king. But within two days, Archibald Douglas, treasurer, asked leave of the king to pass to Dundee, and do his business there for one day or two ; (sorae say he had a gentlewoman there whom he rode to visit ;) and in like manner George Douglas rode east to St Andrews to the bishop to get his tack performed and ended athis hands, as he had proraised him be fore ; and left with the king's grace James Douglas of Park- 368 MEMORIE OF 1528. When the certanty of his escape was noysed abroad, many noblemen repaired to StirUng, head, with a hundred gentleraen with him to wait upon the kino' wherever he past. But when George Douglas came to St Andrews, and reraained there meikle ofthe day in dressing ofhis business, in the meantirae the king passed to the park of Falkland, there to have hounded a deer, and thought in his own mind the time was convenient for him to make himself free at liberty, considering the earl, and George, and Archi- bald were all absent at that time out of his company. There fore he unbethought him of a crafty mean to jeopard himself in this manner as after follows : That is to say, he called upon the Laird of Fairny, who was foster of the sarae wood, and chamberlain of Fife at that time, and caused him to gar warn all the whole tenants of the king's lands and gentlemen there about that had speediest dogs, that they would come to Falk land-wood on the morn, to meet him at seven hours, for he was determinate that he would slay a fat buck or two for his pleasure ; and to that effect gart warn the cooks and stewards to raake his supper ready, that he might go to his bed the sooner, and have his disjoin ready by four hours ; and com manded Jaraes Douglas of Parkhead to pass the sooner to his bed, and caused to bring his collation, and drank to James Douglas, saying to hira, that he should have good hunting the morn, and bade hira be timeous ; and syne the king went to his ¦ Led. Then James Douglas, seeing the king in his bed, wint that all had been sicker enough, and past in like manner to his bed. " When the watch was set, and all things in quietness, the king called on a yeoman of the guard, and desired one of his abuilziements, hose, cloke, coat, and bonnet, and put upon him, and slipt forth as a yeoraan of the stable ; and was un perceived of the watches till he had past to the stable, and caused saddle a horse for hiraself, and one led, and took two 1 THE SOMERVILLS. 369 some by letters sent to thera, wherof the Lord SoraervUl was one ; others carae upon the ru- servants with him, to wit, Jockie Hart, a yeoraan of the sta ble, with another secret charaber-boy, and lap on horse, and spurred hastily his journey to Stirling, and wan there by the breaking of day over the bridge, and syne gart streik it be hind hira, that no man should win that passage but license. Syne past to the castle, and was received there by the captain, who was very glad of his coming, and prepared the castle with all needful things for his coming. Syne gart he steik the gates, and drew down the portcullies, and put the king in his bed to sleep, because he had ridden all that night. " We will let him sleep in his bed, and return to George Douglas, who came to Falkland at eleven hours at even, who required at the porters what the king was doing. They an swered and said, that the king was sleeping in his bed in the secret chamber ; and so said the watchmen of the guard that watched hira ; and George hearing this, past to his charaber to his bed, till on the raorn that the sun was up. Syne carae the baily of Abernethy, to wit, Peter Carmichael, and knocked at George's chamber-dor, and wakened him, and speired where the king was. George answered and said, " He is in his cham ber sleeping." The bailie said, " No, he is past the bridge of Stirling.'' Then George got up hastily, and put on his clothes, and went to the guard, and to the porters, and speired for the king. They answered and said, he was in his chamber in his bed. Then George went to his chamber and knocked; but none would answer him, for the door was locked, which he danged up, and found no man therein. Then he cried, Fy, treason, the king was gone they knew not where. Some said he was past to Bambrigh to a gentlewoman. Another said he was ridden to Stirling. Then George lap on horse to ride to Bambrigh ; but within two miles he met the Earl of Rothes, and shewd him the king was not there. " Then they past to Falkland again, and took consultation 2 A 370 MEMORIE OF mor of his evasione ; that in a litle tyrae the king found hiraself safe, and far from any dan ger again to be surprized by the Earle of Angus, or over-ruled by his factious nobilitie. This hap pened in the moneth of JuUy, in anno 1528. The king being now in the eighteinth year of his age, takes the governement upon himself, and from henceforth mannadged all affaires, both in church and state, according to his oune plea sure, and a select number of counsellors, all of his oune choyseing. Thir things being of pub lict concerneraent, I have passed over with as much brevitie as was possible, seing they are all- ready spocken to in the life of this king, written by Drummond of Hathorneden. It was in this year that Hugh Lord Somervill became more particularly acquainted with his majestie, by his what was best to be done ; and sent a hasty post to the Earl of Angus, to advertise and shew him the matter, and how it stood. By this Archibald Douglas carae out of Dundee; and then they foregathered all together, viz. the earl, George, and Archibald, and rode altogether to Stirling to the king. But when the king got word of their coraing, he sent a herauld of arras to the market-cross, and there, by sound of trumpet, cora manded the Earl of Angus, George Douglas, Archibald Dou glas, treasurer, with all the rest of their kin, friends, and allies, that none of them should come near the king, within the space of six miles, under the pain of treason." — P. l^l. THE SOMERVILLS. 3/1 frequent attending upon the court, which he continued still, by waiting upon his raajestie, in the moneth of June, to execute justice upon all persones, theives and outlawes, particularly in Ewsedale, fourtieth and eight notorious ryders wer hung on growing trees, the most famous of which was John Armestrong. Others he brought with hira to Edinburgh for more pubUct execu tione and exaraple, as WiUiam Cockburne of Henderland,' Adam Scott of Tuschellaw, named King of Theives. The year 1530, the king instituted the Col- ]S30, ledge of Justice. Before it was arabulatory, re moveing from place to place by circuites j and suites of law wer peremptorly decyded by baill zies, shirrefes, and other judges. When any great and noble cause offered itself, it was adjudged soveraignely by the king's counsell, which gave free audience to aU subjects. The king now haveing established this judicatory, and setled the countrey in peace, haveing noe warre abroad, he was pleased to travell through many places of his ' If the tradition of the country may be trusted, Cockburne of Henderland was hanged over his own gateway. His chris tian name, as appears from his gravestone, was not William, bat Peres. 372 MEMORIE OF countrey, and setled any differences that might be araongst his subjects ; and, araongst others, he brought to a subraissione Hugh Lord Soraer viU and John SoraerviU, Barrone of Carabusne then, wherin aU differences whatsoever was re mitted unto his majesties self, to determine ac cording as he thought fitting. This subraissione is dated att Linlithgow, the threttieth of May, 1532. In JuUy thereftir Hugh Lord SoraerviU marryes his eldest daughter, named Janet eftir her mother, upon the Laird of CookpooU in An nandale, whose sirname then was Murray, and predecessor to the late Earle of Annandale of that name. To this marriage the king being in vited, was pleased to honour that solemnitie with his royall presence four or fyve dayes, as may be seen by the book of accompts yet ex tant. The divertisement his raajestie had with out doores was balking ; being now in the midle of JuUy, the pontes ' wer for flight, wherof they kiUed many ; these feilds not being soe much laboured then as now, yeelded great store, which was the cause the king resorted thither eftirward when he mynded his sport : But the recreatione * The young brood of muir-game. THE SOMERVILLS. 373 he receaved in the feilds gave him noe such content as what he had within doores with the ladyes, who, seeing the young king amorously inclyned, allowed hira aU the liberty that in ho nour he could requyre, or ther modesty per mitt. Araongst all the ladyes that was there, he fan- eyed non soe much as Katharine Carmichael], the captaine of Craufuird's daughter, a young lady rauch about sexteinth years of age, adraired for her beautie, handsoraenes of persone, and vivacity of spirit, whereby she attracted all eyes that beheld her, but soe strongly the king's, that raost of his discourse was with her, and he took it ill when he was interrupted, soe that all the ladyes and nobleraen that was present took no tice therof, and gave way to his majestie's court ing. I know ther was sorae raalitious tongues then, as there is not a few to this day, afiirraes that it was at this tyrae, and in Cowthally-house, that the king first procured this ladye's private favoures ; but, by ther leave, it is a great mis take, and a most raalitious caluranie ; for, albeit it be true it was at this wedding he first saw this young lady, and did affect her extreraely, be ginning then his intrigues of love, yet had he noe opportunity allowed him to obtaine that 374 MEMORIE OF which he eftirward receaved att the castle of Crawfuird, her father's house. The Lady So raerviU being both vertueous and wise, observe ing the king's passione, coraraanded two of Cara busnethen's daughters, and as many of her oune, being then girles about eleven years of age, in whora the king took likewayes delight to dis course with, never to leave the rourae, unles Mistres Katharine Carmichaell came with thera, the which they particularly observed. But to put this beyond all cavill, this sarae lady being efterward marryed upon young Cambusnethen, acknowledged to her mother-in-law, that it was neer a year eftir she saw the king att CowthaUy before his majestie obtained any favour from her, but what in civilitie she might have given to any persone of honour ; and doubtlesse, if it had been otherwayes, the Lady Carabusnethen would have divulged quickly the same to the prejudice of my Lord Somerville's familie, to which she had noe great lykeing, notwithstanding of ther late subraissione to the king, and the civilitie they payed to each other, because of ther neer relatione. This marriage being over, the king went for StirUng, being waited upon by the Lord Somer vill there some tew dayes ; and now being to re- THE SOMERVILLS. 375 turne to his oune house, he coraes to kisse his majesties hand. The king told him, with a kynde and pleasant countenance, the great intertaine ment and fair company he left att Cowthally made him resolve ere long for another visite, hopeing he should be wellcome. Haveing said this, and raiseing hira from his knee, the Lord Somervill replyed, what he had at present was by his majes tie's favour and the bounty of bis royall prede cessores, conferred upon him and his foirbearers, of which he was ever rayndefuU, and therfore was obleidged, as a duetyfuU subject, to attend his majesties pleasure in all things, haveing been soe highly honoured by his royaU presence at his daughter's marriage that was beyond all expres sione of thankes. Upon this he reteired, have ing receaved the particular thankes of all these nobleraen and gentlemen that attended the king dureing his residence att CowthaUy. Being re turned, he lived at home untiU the later end of September. Upon Saturnesday at night the king lighted att his house with Robert Bartone, who was in speciall favour with hira, and eftirwards made thesaurer, James HaraUton of Finhard, who hkewayes before his death was thesaurer, and likewayes master ofthe king's works, OUver 376 MEMORIE OF Sinclair, a brother of the house of Rosseline, Sir David Lindsay of the Mount, Hendrie Kemps, Robert Gibb, raaster ofthe king's stables, George SteiU, John Monteith, Thoraas Foulis, and James Aikenhead, keeper of the king's coffers and his gold, and John Tennent, (eftirward Laird of Cairness,) a domestick and wairdropper to the king, who personated (four years eftir this) his majestie, as he travelled incognito through France in suite of his queen.' These, with other • Most of these ofiicers of the king's household are mention ed in the poems of Lindsay and Dunbar. Concerning Jaraes's journey to France incognito, we have sorae curious, though libellous particulars, in the letters of John Penman, a retainer of the Earle of Angus, then banished and in disgrace. He also mentions most of his attendants. — " As for tydyngs I here to be trew, notwythstanding, as I am informed, the king wyll not have the duke's daughter. He is yit up at Lyons, or els at Rowane, a yissid [as is said], I here say he is sumwhat a erased. He is the werst spoken of man, namely, ofhis owen, both menyons and gentlemen, wher the dar speke it, that is in the universall world. He hath beggert all Scotland, as they saye, or he cum out of it. And nowe beyng here, orderyng hymselfe so folyshelie, with aservannd or ii, runnyng up and downe the streats of Paris, hying every tryffell hymselfe ; he wenynge no man know hym, wherfor that every carter poyntyd with ther fynger, saying, yondre goyes la Roy de Escoisse. Sum saye he wyll desyre the kyng of Fraunce's doughter; other sum sayes he wyll desyre nocht els but Dunbarr, a schepp, and ii or iii horsses. He baith sent Rychyt Carme- chell into Scotland, with wryttyngs and tokens to the Laird of THE SOMERVILLS. 377 seven, wer only his majestie's retinue when he came to Cowthally. This surprizeall raight have startled any other albeit good housekeepers, but was all one to this lord that keeped soe plenti fuU a table, and had soe provident a lady, that upon all occasiones gave evidence of an excel lent house-wife. The Lord Somervill told the king, he was only sorry he had not advertise ment of his majestie's coraeing, that hiraself and his freinds raight have waitted upon him ; but he was soon made to understand the king's coraeing incognito, and would adraitt of noe more corapany save himself and other two be syde these that carae with hira. By this and sorae other circurastances, he guessed some part of the king's earand, who dureing supper asked severall questiones at the Lord Somervill (stand- Lawghtleven's wyfe ; wharfore other sum sayes he wyll have her. Every man is wery with him ; they wissh him under the grounde ; the swere he can not contynew. No raan can tell how sone he cumys be post, to put his fute in a shepp, or taryes all thys wynter. Ther ys with hym Olyuer Sinckler, Robert Gibs, Andrew Wood, John Talland, and James Maxwell of Rowen, and Monsieur Esturmaill, the steward ofthe Duck of Vand(K-n's house. George Stele and his chapell is in Rowen ; John Drumond, Henry Kempt, with all the resydew, ys in the New Haven.— Pinkerton's History of Scotland, Lond. 1797, vol. II. p. 490. 31& • MEMORIE OP ing behind his chair) anent the captaine of Crau fuird, his qualitie, conditione, and what he might have in estate and by his office. Wherin being resolved soe far as ray lord knew, the king took occasione first to regrate the raeannesse of his fortune, and the sraallnesse of his sallary ; and eftir some spaces, began to praise his daughter's breeding and beautie w^th some transport, at lenth insinuate as much by his discourse that he would see to the bettering of the father's estate, and advancement of the daughter. Eftir supper the king held a long discourse with the Lady Somervill in his oune bed-chamber, which was named eftir him soe long as the house reraained in it's integrity.' What the import of ther dis course was these that wer present did but guesse, for they stood at some distance ; however, it ap peared the king was very pressing to obtaine some proraise of her, which, with much civilitie, she begged his raajestie pardone ; and at lenth, somewhat loud, of purpose to be heard, and to be free from the king's importunity, spocke thus : " Sir, her father's house is much fitter, where your majestie raay expect kynde well- i. e. Preserved in the same state in which he used it- THE SOMERVILLS. 379 corae, being proprietar of the same, in honour ing that familie with your royall presence." Upon which the king called the Lady Carmi chaell, that was next to thera, and said, " Your nighbour here, the Lady Somervill, is the most courteous, or rather most scrupolous, persone under heaven for another concerne ; but I will have my revenge in being often her guest, to eat up all the beef and pudding too of this [coun try.]" Airly upon the sabbath the king caused the Lord Somervill send a horseraan to Craufuird castle, to advertise the captaine he would be there against night ; and withall forbade to raake any great provisione, seing his train would not exceed a duzone. This advertisement was soe unexpected and short, that the captaine knew not what to thinke of it ; however, he caused putt all things in the best order that raight be, and prepared for the king's coraeing. But ther was non soe rauch surprized with the newes as the young lady, the captaine's daughter, who, suspecting the king's earrand frora what she had mett with frora hira at the raarriage in Cow thally, she could have wished herself not only out of her father's house, but out of the world. Soe rauch terrour and affrightment did seize up- 380 MEMORIE OF on her persone, that she knew not what to re solve on. Some tymes she thought it fitt to ac quaint her father and mother with her feares ; and then againe, without acquainting them with her thoughts, to slip doune to Lamingtoune- house, or the toune of Douglasse. But as mo desty tyed up her tongue from the first, soe the shortnesse of tyme, and [the want of] ane hand some pretext, hindered the later ; for it was not possible to have keeped the knowledge of her reraoveall that day frora the king, which might have incensed him exceedingly against her fa ther, the greatest part of whose fortune was mostly at that tyme at the king's disposeing, as heretable keeper ofthe castle of Craufuird. Thus, unresolved what to doe, or how to carry towards the king, in great trouble of spirit, poor lady, she reraained in a carelesse dresse untill his ma jestie's arryveall. The king, haveing breakfasted and heard messe att the coUedge church of Carnwath, raade foir ward on his journey to the castle of Craufuird, being accompanyed with non but the Lord So mervill and these t'e'w he brought frora Edin burgh with him. He was mett by the captaine of Craufuird with some horsemen, sorae few myles on this syde of the castle, with whom he THE SOMERVILLS. 381 discoursed famUiarly untill ther arryveall at the house, where his majestie was receaved at the gate by the lady and two of her daughters. What intertaineraent his raajestie receaved from the captaine and his lady, and kyndenesse from ther beautifull daughter upon his amorous addresse to her, is noe part of that which I have in hand ; yet I ara apt to believe, frora severall circum stances and papers that I have seen, that this interview proceeded noe farther then to useher the way and give opportunitie to these more particular and privat favoures his raajestie re ceaved efthward frora this lady in the same house. Whatever wer the intyseing motives that prevailled over her vertue, and brought her to the king's imbracement, was best knoune to herself; and although noe act of this nature be warrantable before God, yet much may be said to take off" the reproach, and justifie her to the world. It was her king, not a subject, that made love to her ; a gallant young prince, for persone and parts the world then had not the better; laying asyde his dignitie and that supreme orbe wherin he raoved. One of meaner degree, with half of these qualificationes wherwith this royall king was indued, might have prevailled much upon the budding affectiones of a tender virgin. S82 MEMORIE OF unacquainted with the blandishment of great ones, and the intertainements of a royall court, wherinto your court ladyes are soe accustomed to addresses of persones of erainency, that they can putt off or conferre ther privat favores as ther interest or inclinatione leades them ; and yet if they trip, you shall not know it, or if you doe, you must not divulge it, unlesse you be desperately resolved to forfault both your life and fortune to the fury of ther amoures. Be sydes these inducements and her father's inte rest, she might have before her eyes the exam ple of Elizabeth Moore, RowaUane's daughter, who bare to King Robert the Second three sones, long before her marriage ; and at lenth, notwith standing of the king's haveing two sones in mar riage by the Earle of Rosse's daughter, she dy ing, and herself taken to be his queen, her sones was reputed and declared righteous successores to the croune, and that by consent of parlia ment. These reasones, with the splendent aspect of royall majestie, backed with a soveraigne power, might prevaill much upon this innocent lady, and inclyne her to a complyance, as not weill knowing how to refuise the kynde offeres of soe obleidgeing a prince, the eflTects wherof, in four THE SOMERVILLS. 383 yeares tyrae, raade her raother of two boyes and ane daughter to the king, both of them eftirward, in Queen Marye's reigne and King Jaraese's, made earles, the one of Orknay ' and the other of Bothwell ; and for the daughter, she was nobly marryed to the Earle of Argyle, being ever in great favour with Queen Mary dureing her reigne. The king haveing continued att the castle of Crawfuird untill Tuesday, he goes unto Biggar, and from thence he comes to Peebles, accom panyed only with these that had waitted from Edinburgh upon him, and these that attended the Lord Somervill, who was still with his ma jestie dureing the tyme the king resided att Peebles, which was two dayes. Haveing there appoynted a Justice Air for the tryall of some malefactores, here his majestie's being in the countrey was first divulged and publictly made knoune, wherupon a great confluence both of ' This is a mistake. Robert, Prior of Holyrood-house, after wards Earl of Orkney, was natural son of James V. by Euphe mia, daughter of Lord Elphinstone, By Katharine Carmichael the king had, as is mentioned in the text, John, Prior of Cold ingham, who, by marrying the heiress, and by the favour of the crown, obtained the honours and estate of Bothwell ; as also Janet, married to the Earl of Argyle. 384 MEMORIE OP nobilitie and gentrie comes to waitt upon him. Then the king, with demonstrationes of great favour, dismissed the Lord SomerviU, that his privat progresse which he had made might be the lesse knoune or suspected, who being re turned to CowthaUy, settes himself about the ordering of his privat affaires. Ther being now, eftir some litle stirrings betwext England and Scotland, mainly upon the Earle of Angus' ac compt, who was then banished, a peace con cluded betwext the two realmes, dureing the two princes lyves, and ane year eftir the decease of him who shoiUd first depart this Ufe ; by rea sone wherof, and the peaceable reigne of this king, untill the very last year therof, ther had not been any tyme wherin might have proven ther privat fortunes more then from the year 1530, untill the year 1542, which was the year of this king's death. But albeit the state was in 1 333. P^ace, yet, about this tyme, ther begane a warre in the church, which continued untill this day ; for in this year, in the isleand of Brittane begane the sectaries of the ecclesiasticall doctrine and authoritie to be laid open to the view of the world, the poUitick governement of kingdomes begane to suffer in the alteratione and discovery, which being obvious to all that wiU peruse the THE SOMERVILLS. 385 histories of the severall nationes of Europe, and particularly that of our oune, in soe far as con cernes the church and state affaires, written by that learned prelate Bishope Spotswood, who is soe full and copious in all the concernes and transactiones of these tymes, that ther cannot be a farther discovery made ; and it wer great impertinency and vanitie in me to resume any thing that is written by that author, who am but recording the memories of a privat famUie. In the later end of the year 1536, the Lord 1536. Somervill haveing three years before setled his eldest daughter, raarryes now his second, named Maijorie, eftir his mother, upon the Laird of Drumraelzeor, the cheif of the Tweedies, as eminent a barrone, and of as great command as any in Tweddale. To this marriage his majestie in a manner invited hiraself. Being now re solved to repaire the reputatione of his beloved mistres, and provyde for her future liveing and honour, himself at this tyme designeing to match with the house of France. Wherefore being come to Cowthally the thretteinth day of No vember, 1536, dureing the tyme of this marriage his mistres Katharine Carmichaell being there, and now in the twentieth and second year of her 2 B i}86 MEMORIE OF age, the king profferes severall marriages to ber of these that wer his wairdes at the tyme, but she rejected them all, haveing allready placed her affectione upon young Cambusnethen, then present att this marriage, ane eminent barrone, both for qualitie and estate, honourably descend ed, being a grand childe of the house of Mon trose, and the second great branche of the house of Cowthally, inferior to non at that tyme upon Clyde for respect and worship. What course the king took to accomplish this marriage, or what portione Cambusnethen receaved with her, I know not, but it is certane, as this lady was fortunate, soe was young Cambusnethen most happy in this marriage. Never two lived more contentedly then they did ; and ther was all the reasone in the world fbr it, laying aside her beau ty, then in the prime, being in the twentieth and second year of her age. Her virtue and raodestie was so conspicuous to all, that in a few years she became a paterne to all her nighboures ladyes for thrift and good house wife ; and albeit ther was many invitationes given her to appear att court, dureing this king's reigne, for her hus band's advancement and her oune honour, beino- the mother of two sones and one daughter to the THE SOMERVILLS. 387 king, yet lent she ane deaff' ear therto, and was offended with any that was urgent in her goeing to court upon these grounds, asserting she had honour enough in being Carabusnethen's lady, and her husband a sufficient estate to maintaine him in the ranke and qualitie he was in then. Neither doe I find that ever the king saw this lady eftir his oune and her marriage but once, and that was at the baptisme of her eldest sone,. at Carabusnethen, whose name his majestie was pleased to take to himself, by calling him James, all preceeding of that familie being named John; and this occasione fell out more then a year and a half eftir her marriage. Severall other children, in thretteinth years tyrae that she lived with Carabusnethen, she bore to hira, but ther naraes 1 find not, except of two sones and one daughter. Her eldest sone being Jaraes, was nicknaraed the Laird with the Velvit Eye, the other Robert. Her daughter, falling under the hands of a step- raother, was meanly marryed to Gawin Hamil ton of the Nether Hilles. Thus far I have di gressed in vindicatione of this excellent lady, that it may appear it was nether her choyse nor any vitious habite that prevailled over her chas- titie, but ane ineviteable fate that the strongest 388 MEMORIE OF resistance could hardly withstand.' Her Testa ment I have by me, dated tbe tenth of March, 1550, which was the year she dyed in, and de clares her to be also much a good Christian, as it confirmed all that was said of ber vertue and frugalitie. The king being gone to France, in order to his marriage, wherin severall of the nobiUtie did accompany hira, the Lord SomervUl reraained att Cowthally, and continued bis wonted hospi tality to all coraers ; but haveing heard of the king's being at sea, and that his raajestie was shortly expected' in Scotland with his young queen, he came with others to attend his landing at Leith. Before this the king had sent and de syred the lords of his secret counsell to advertise such of the nobilitie as mynded to waitt upon the queen, or visite the court at first, to putt themselves and servants in better equipage then was in use in that age, and withall to conforme themselves somewhat both to the fashiones and customes of more civillized nationes. These di- ' This is anticipating the indulgent maxim of Prior ; '' That when weak women go astray, " Their stars are more in fault than they." THE SOMERVILLS. 389 rectiones of the king's most of the nobilitie ob served ; but ther was non soe punctuaU of his majesties coraraands, and exceeded in suraptu- ous cloathing, then Hugh Lord Soraervill ; al beit he did it upon designe, yet hiraself, his posteritie, yea, and this present Earle of Carn wath, or whosoever shall be proprietar of the lands and barronie of Carnwath, sufiered for this froUicke, in being lyable for ane yearly annuitie of three score punds Scots out of that barronie to the world's end, the sarae being mortified" by % to the Magdalen Chappell.' I was once ofthe opinione, that this had been done upon some religious ac compt, by one of the barrones or lords of the house of Cowthally, untiU I saw the mortifica tione; and then I understood this Lord Hugh had borrowed money from and given him a propper <4>' • Granted in mort-main. • The clothes and livery must have been sufliciently sump tuous, when an annual grant of this extent was only adequate .to their value. This was with a vengeance " a bond entered into " For gay apparel 'gainst the triumph day." Shakspeare. 390 MEMORIE OF wodsett, which he eftirward mortifieing to the said chappell, Lord Hugh ratifies the same by his consent to remaine for ever, and soe it con tinues till this day. 1537. The king and queen being arryved att Leith upon the twentieth and nynth of May, in the year 1537, it is reported that eftir the queen putt her foot upon the shoar, upon her knees she kissed the ground, praying for all happinesse to the countrey and people. Never a queen, in soe short a tyme, was soe beloved of her husband, nor sooner made conqueist of the hearts of her subjects ; but she lived not many weekes eftir her arryveall in Scotland, when of a fever she contracted in June, and departed this life in JuUy thereftir." She was bmyed, sayes Drum- ' " And when the queen came in Scottish ground, she bowed and inclined herself to the earth, and took the muilds thereof and kissed ; syne thanked God that he had brought her safely through the sea with her husband to their own country; syne past to the abbay of Holyrood-house, to the king's palace, there to reraain till her triumph of entress was made, which began to provide in all parts of Scotland ; and specially in Edinburgh, Leith, Dundee, Breichin, Montrose, .Aberdeen, St Johnstoun, Stirling, Glasgow, Air, Lithgow, St Andrews, and Cowpar in Fife. Thir worthy and principal towns that were commanded to make provision and triumph for the king's coming and his receipt ; but nevertheless their joy was soon altered, and mer riness turned to sadness and mourning, for displeasure of the THE SOMERVILLS. 391 mond, with the greatest mourning Scotland ever, till that tyme, was participant of, in the church of HoUyrude-house, neer King James the Se cond. However this great change of the court from mirth to mourning, yet had all the nobiU tie complyed with his majesties desyre in being sumptuous in ther apparel when they appeared att court. The Lord Soraervill made noe great haste to waitt upon the king, of purpose that he might be more particularly taken notice off and observed by his majestie, which accordingly suc ceeded ; for as he passed the great portch, which is now the Duke of Harailtone's lodgeing, to en ter the palace of HoUyrude-house, the king by accident (being then ten in the raorning) stand ing at that great light in his oune bed-chamber, directly opposite to that entry, when the Lord Soraervill was comeing to kisse his hands, the king, at first not knowing hira, admired whom it queen; for she departed that same day forty days that she landed, being the fifth of July ; and therefore all ther great blythness and joy of her coraing was turned in great raourn- ing ; and all the play that should have been made was all turn ed in soul-masses and dirigies ; where through there zeid such mourning through the country and lamentation, that it was great pity for to see ; and also the king's heavy moan that he made for her was greater than all the rest." — Pitscottie, p. 159. 392 MEMORIE OF could be soe brave in his cloathes, and had noe attendance at his back save two pages in rich livery ; the king called the Earles of Argyle and Huntley, and enquyred at them if they knew who it was, but they could not resolve him. Wherupon Sir James Hamilton advanced, and looking out, informed that his majestie was weill enough acquainted with that persone, and would quickly know him when he made his addresse. By this tyme the Lord Somervill was entered the chamber of presence which the king had re teired to, and now coraeing to kisse his majes ties hands, the king prevented him before he had gotten one word spocken, in raiseing hira up said, " My lord, you are very brave ; ' but where are all your men and usuall attendance ?" The Lord Somervill, in kneelling again to kisse his hands, quickly answeared, " If it please your majestie, here they are," poynting to every lace that was on his oune and his pages' cloathes. Insinuating as much therby as if he had been necessitat to sell them all to the merchants for that rich suite. Whereat the king laughed hear tily, and then viewed them exactly, which, when Scottice fer gallant in apparel. THE SOMERVILLS. 3^3 he had done, he bad away with thera all, and let us have your raen againe. AU the noblemen was glad of this occasione, and raade good com pany with the Lord Somervill, giving him thankes that ther brave cloathes had gotten ther leave, for undoubtedly the effects would have been what he had presaged to the king. This very suite of ray Lord Somervill's, which occasioned all this sport, was keeped by his sone. Lord James, his grand-childe. Lord Hugh, and his great-grand- childe, Hugh Somervill of Drum, untill by ac cident the house was brunt, wherewith his steell coat, his head-peace, gantlet, gloves, and all other furniture used in warre in those dayes was brunt. I find not much more of this nobleman untill 1540. the year 1540, in which he marryed his eldest sone James, master of Somervill, upon Agnes Hamiltoun, daughter to Sir James Harailtoun of Finhard and Evendale, thesaurer of Scotland, then in great favour with the king, who was pleased to honour this raarriage with his royall presence, att the castle of Craignethen, where the marriage was solemnized, as he did sorae few monthes eftir the infare att Cowthally-house, it being now the third tyme that I find, by the 394 MEMORIE OF baUlzie and master houshold's compt-bookes, that his majestie upon such solemne occasiones had been intertained att Cowthally-house, be sydes his comeing more privatly, upon the ac count of his sport. This marriage being made mostly upon court interest, continued not long ; for Sir James Hamiitone of Finhard, who be sydes and before this interest had allwayes, from his very youth, been a constant freind to the fa milie of the Lord SomervUles, unhappily fell vmder the king's displeasure ; and, in the year 1541, being suspected of some practise as al leadged against the king's life, was execute and foirfaulte, and the gh't therof, soe farre as con cerned the fourtieth pund land of Libbertoune, given to the Lord Somervill, which he retained but some few years, the sone of Sir James being restored by the Earle of Arrane, in the tyme of his governement, S*!. Cardinall Beatone ruleing now ail affaires both of church and state, as did Oliver Sinclaire, a brother of the house of Rosseline, and relatione of the house of Cowthally. The king's privat favourite, being his great minion, guyded all things at court, which discontented most of the nobiUtie, and made them backward to all the THE SOMERVILLS. 395 king's designes, which occasioned that speech of his majesties in caUing thera his mobilitie.^ What this word raay iraport I am yet to learne. How ever, the expeditione against England being now on foot, some of the nobilitie ingadged, wherin, amongst others, Jaraes, master of Somervill, made one. I know both the English and Scots wrytters designes him Lord Somervill, but this is only a mistake in the title, by giveing that to the sone which was yet the father's ; for albeit he outlived this actione eight years, yet it is not probable he could be there, being then in the sextieth year ofhis age ; and ifhe was, which I am not apt to beleive, it testifies a strong desyre he had to com ply with his prince's designe, and give exact obedience to all his coraraands, in exposing his old age to the hazard of a dangerous warre. ^ ' Alluding, it would seem, to the fickle and inconstant de meanour of the Scottish nobles. * There is no room for doubt upon this subject, Hugh Lord Somerville certainly was made prisoner at Solway Moss. He was entertained in an honourable captivity in the house of the lord chancellor, according to the hospitable custom of those tiraes ; and from the list of the captives and their pledges, pub lished in Lodge's Illustrations, we learn that his ransom was rated at 4000 merks, for which he lodged pledges with the. Earl of Warwick See vol. I. p. 37- In the subsequent treaty his ransom was lowered to 1000 merks. But when Lord Somer ville was dismissed, he was forced to leave his eldest son in 396 MEMORIE OF Whither father or sone, haveing given my thoughts, I will not contend, seing the wrytters of both kingdomes are positive that tbe Lord SoraerviU was prisoner att SuUoway ; but this I ara sure ofi", he was detained prisoner' three years, for adhereing to the French interest, when all the rest of the noblemen that was prisoners for accepting the match with England was set at libertie by Hendrie the Eight.* This sarae year pledge for his return, as appears from a passage in Sadler. This circumstance probably occasioned the mistake in the text. ' Lord Hugh was this prisoner. * The battle of Solway Moss was fought 24th October, 1542 ; and upon the 20th March following we find Lord Somerville was returned to Scotland with the other nobility. He was therefore certainly not detained three years in England ; and that be was not more restive than his companions in embracing the proposal for the English match, between the infant Mary and Edward Prince of Wales, will appear from the following conversation, narrated by Sadler, the English ambassador : — " After supper, came to me to my lodging my Lord Somer- vail, and told rae, ' That things had not succeeded in all points as be thought, and would they had; but yet there was no doubt but all should well be.' I prayed him to tell me how, and in what sort, he, with the rest of the lords and others that were with your majesty, had proceeded since their horae coraing. He told rae, ' That they were not all of one sort ; for the Earl of Bothwel was slipt from them, and calleth them English pri soners, and the Lord Fleming not all the best ; but the Earl of Angus, though he be too much led and directed by his brother George, was perfect good and assured, with also the Earls of THE SOMERVILLS. 391 I have seen a charter of confirmatione granted by Hugh Lord Somervill and Dame Janet Mait lane, which confirraes me that it could not be the father, but the sone, that was at SuUoway,* in favoures of a young gentleraan, James Somer- Cassils and Glencairn, the Lords Maxwel and Gray. The rest,' he said, ' were but mean personages ; and before they came home,' he said, ' there was a governor chosen, which some what changed their case.' " And now,' he said, ' the ambassadors were despatched to go to your majesty with ample power to conclude the raarriage and the peace; which done, all shall be well.' I asked him whether they had also concluded that the child should be brought into your raajesty's hands ? He answered, ' that he and they which stand on your raajesty's part, would fain have had it so, but the rest of the great lords (which were a great number) would not agree to it ; but he trusted that some raean would be devised therein for the tirae to please your majesty, and the rest would also succeed in time.' I asked hira how they would conclude a peace with your majesty, that might ever stand valeable to both their realms, when by their league with France they are bound to the contrary, without reserva tion or exception of France ? Quoth he, ' We will utterly leave them, and go with you against France, which we raay do with out ofi'ence of the league, for they have broken with us many tiraes, as we be able to prove. And,' quoth he, • I would wish to God that the marriage were once contracted, for that shall bring all the rest of the king's purposes to pass, which cannot otherwise be accomplished without great cumber; and,' he said, * all the lords of your raajesty's part were of the sarae opi nion.' This was coraraunicated in effect." — Sadler's Letters, vol. I. p. 72, quarto, Edin. 1809. 3 The author was not aware that Hugh Lord Somerville was dismissed into Scotland, and his son substituted as a pledge in his room, who most probably remained there for two or three years. 398 MEMORIE OF viU, who haveing raarryed the relict ofthe Laird of Gladstones, that had left only a daughter as the heires of his estate, upon whom James, the sone of Thomas, was marryed ; and thereby the estate and land of Gladstanes came to the name of Somervill, and continued soe untiU this pre sent in a very hopefuU conditione. King Hendrie the Eight being incensed with his nephew. King James the Fyfth, for not meet ing with him according to ther mutuaU promises, caused make pryzeall of some Scots ships, before ther was any laufull warre proclaimed ; and fur ther gave orders to Sir Robert Bowes, the Earle of Angus, and Sir George Douglas, in hostUe maner to invade Scotland. These, to the num ber of three thousand, ravage the countrey near the debeatable boundes. The Earle of Huntley, having the king's commissione, assembles the borderers, and falles upon the English and these Scots that wer with them, att a place named Haddenrig, beats them and puts them to flight, and takes ther generall. Sir Robert Bowes, Sir Wilham Murray, James Douglas of Parkhead, with a naturall sone of the Earle of Anguses, was taken prisoners, the Earle himself escaping by the swiftnesse of his horse. This skirmish fell out the fourteinth day of August, 1541. King Hendrie hearing of the defeat, sendes the old THE SOMERVILLS. 399 Earle of Northfolke, whom he named Rod ofthe Scots, to invade Scotland with ane armie, whom the Earle of Huntley, upon advantages of places, resisted the best he could, when they essayed ta crosse Tweed. In the mean tyme he advertises the king, who quickly raised from all quarters of his kingdome threttieth thousand men, and mus tered them upon Soutrasyde, and then encampes them upon FaUa muire, where he receaves intel ligence the duke designes his march for Edin burgh. AVherupon the king sends the Lords Home, Seaton, Areskine, with a detatchment of ten thousand men, to reinforce the Earle of Huntley's forces ; but with expresse orders not to fight, but to attend the duke's motione, him self expecting the artillarie and other furniture of warre, remained with the bodie of his armie in the campe att FaUa. Dureing this tyrae the discontented lords plotted a reformatione of the court, according to the exaraple formerly prac tized att Lauder Bridge against King James the Third; but because they could not agree araongst themselves, the king's favourites escaped the danger. The Duke of Northfolke haveing intelligence 1542. of such that favoured King Hendrie in the Scot tish campe, that the king had a mynde to meet him in open feild, reteires offthe Scottish ground. 400 MEMORIE OF and keepes his fforces in ther oune marches, fear ing the valour and resolutione of this young king might perhapes bereave him of his former pur- chased laurelles. When the king understood the duke had repassed Tweed, he encouraged his army to follow him. The common souldiers wer willing ; the noblemen refuised to fight except upon Scots ground ; ane old pretext used by ther predecessores, when they wer discontented with ther king and his governement, which in effect was frivolous, and lost them many fair opportu nity, as it did at this tyme. It is true, they gave other reasones for ther refuisall, which you may see at lenth in Drummond. However, the king returnes to Edinburgh, disbandes his armie, but forgettes not the secret plott against his favour ites, nor the open refuisall of his nobles to fight in English ground. This bred ill huraores in the king towards his nobles, which to moUifie and discusse, the Lord Maxwell offereth giveing him ten thousand men to invade England att SuUo way, afiirmeing the staite and fortune of these who assaU to be better then thers who are still putt to ther defence. The king thanked him for his offer, appointed a rendezvouze at the west marches. Noe proclamationes are divulged for lives of men, but closse letters sent to the Earles of Cassilles and Glencairne ; the Lords Fleym- THE SOMERVILLS. 401 ing, SomerviU, and Areskine ; Barrones Ay- toune, Langtoune, Ormestoune, and Wauch- toune. Many other, accompanyed with the king's domesticks, rode to the west borders. In the mean tyme the cardinall and the Earle of Arrane, the one a churchman of a mynde above many nobles, the other a nobleman of humilitie under any churchraan, (sayes Drumraond,) to amuze the English, and give false perspectives to these proceedings, by sound of trurapet and beatting of druraes, raises raen openly, marches towards Heddingtoune and the east borders. The great expectatione the long had of the Lord Max- welles undertakeing made the king hiraself come to Lochmaben to attend the event of this incur sione. The Scots borderers haveing passed the watter Eske, burnes certane villages on the marches. Wherupon Sir Thoraas Warringtoune,' wairden, was not a litle troubled at such a fre quent asserably of the Scottish riders. He raises the power of the countrey, and placed them by a litle hill in good order, where he might take a view of the enemies forces. The Scottish lords beholding the English in soe good order, desyres Wharton. S c 40^ MEMORIE OF to know the king's lievetennent-generaU, for now he was to marshaU ther companies, and putt them in battalhe, that every man might know his par ticular charge. Wherupon OUver Sinclaire, upon crosse pickes, mounted the king's banner dis played, the commissione read, in which he is made Uevetennent, and aU coramanded in the king's name to obey and follow him. Upon this a tumult and confused clamour and shouldering of malcontents arose ; ther rankes wer brocken, the militarie order turned into a confusione, non soe repyneing as the Lord MaxweU, who being the first mover of this expeditione, considered himself hereby affronted. The English, who wer ready now for the fight, observeing this disorder, took the advan tage, and breakes forward with a mUitary shout ; whill the Scots are in doubt whither to flee or fight. Here is a general surprize ; most part willingly rendered themselves to the English without any shew of defence, or the slaughter of any persone upon either syde. The certainty of this voluntary defeat comeing to the king at Lochmaben, soe astonished all the oowers ofhis mynde, that he nether had counsell nor resolu tione what to follow. Comeing to Edinburgh, he passed to Fyffe, and from Hallyairds to Falk- THE SOMERVILLS. 403 land, where he gave hiraself over to sorrow. Noe man had accesse unto him, noe, not his oune domesticks. Long watching, cares and passione, abstinency from food and recreatione, had soe extenuate his bodie, he remained fixt to his bed untill the thretteinth day of December, 1542. He left this world in the threttieth and third year of his age, and threttieth and second of his reigne. See his character in Drummond. All that I have to say is, that ther was never any subject had more of his prince's favour and lesse ofhis benefites, then the Lord Soraervill had of this king, notwithstanding that he had been fre quently intertained by hira as his guest. It is true, the honour was great in haveing his raajes tie witnes to the raarriage of three of his child ren, and that he took upon himself to be a me diator and composer of all differences and con traversies that was betwext this lord and the laird of Cambusnethen, as may be seen in the subraissione to this king, and his majestie's de creit arbitrall in anno 1532. Which decreit was eftirward made use of by the lairds of Carabus nethen in ther defence against the Lord Somer vill, when he persewed for the rederaptione of the lands in Louthian. James, raaster of Soraervill, being returned 1545. 404 MEMORIE OF frora his captivitie out of England this year, 1545, his father, to congratulate his sone's returne, in June marryes his youngest daughter, who in Apryle preceeding had been contracted upon the Laird of CarraichaeU, governour of the bor ders, in king James the Sexth his minoritie, and dureing some part of his reigne, in which im ployment he continued untiU his death.' It was ' The author either was ignorant of, or suppressed, his an cestor's share in the intrigues for bringing about the match with England. Sadler, an excellent judge of mankind, seems to have entertained the highest opinion of Lord Somerville's talents, and frequently advised with him during the course of his intricate negociation. He always represents him as faithful to the English interest. The following observations conclude a conversation which Sadler held with the Earl of Cassilis and Lord Soraerville. — " For our part, quoth they, we be resolved to raeet here altogether, at such time as we think we shall hear word again from the ambassadors. And then if we perceive that the king's majesty stands upon any reasonable point that we have promised, we shall do that lies in our powers to satisfy his majesty, and let him be reproved that shall fail his proraise. This, I assure your majesty, the Earl of Cassils spake very frankly, and the Lord Somervail affirmed the sarae. I take thera both to be very plain and true gentleraen to your raajes ty ; but I fear their power, as I can perceive, accordeth not with theirVgood wills. Once, they will serve your majesty to the uttermost they can against all nations, as they have affirm ed unto me. And the Lord Somervail, as he was going from me, whispered in raine ear, ' That if your majesty did stand fast upon your promise, there was no doubt you should obtain it, for they were not able to maintain the wars against your THE SOMERVILLS. 405 at this marriage that Hugh Soraervill, youngest sone to Hugh Lord Soraervill, gained the affec- majesty." — Sadler's State Papers, Edin. 1809, 4to. vol, I. p. 97. Neither did this attachment to the English cause go unre warded, for Lord Somerville was gratified with no less a sum than two hundred merks out of the money distributed by Sad ler among those nobles who had embraced his master's inte rest. In return for this donation, he obliged the ambassador with his advice on the best mode of invading Scotland by sea and land. — Sadler, vol. I. p. 178. When the Earl of Lennox, then in the French interest, garrisoned the castle of Dumbar ton against the governor, Somerville attended the army which was assembled for the reduction of that iraportant fortress. Even after the governor had revolted from the English interest, Somerville, with Angus, Glencairn, Cassilis, and Maxwell, en tered into a bond to abide by each other, and signified to Sad ler their determination to see the treaty with England per formed, or otherwise to serve Henry according to their pro mise, to the utterraost of their power. And at a raeeting of these associated barons, held at the castle of Douglas, in Oc tober, 1543, they resolved to dispatch Lord Soraerville to Eng land, to treat with Henry on their behalf. But in atterapting this journey he was raade prisoner by the opposite party, and confined first in Edinburgh castle, and then in that of Black ness, upon a charge of having accepted a coraraission frora the confederated lords to the court of England, treating of treason able raatters. To the honour of Lord Soraerville it should be mentioned, that his letters having given him credence for what he was to state verbally, no threat of the governor, though the torture was spoken of, could raake hira betray the trust reposed in him, so far as it did not appear from the papers seized on his person — See Sadler, vol. I. p. 201, 289, 297, 327. Lord Somerville was probably released from confinement when An gus, Maxwell, and the other lords ofthe English faction, who 406 MEMORIE OF tione ofa daughter of Drummelzeor's, who had accompanyed her sister-in-law to this wedding, upon whom, with the consent of aU her fremds, he was aftirwards marryed, and had from his father, as his patrimony, the SpitteU Maynes, the third of Newbigging, four oxengate of land in Ranstiuther, with severaU other roumes with- in the barronie of Carnwath. This gentieraan was the first of the house of Spittell, whose sone marryed a daughter of tiie Earie of Monteithe's, and his grandchilde a daughter of the house of Stainbyres. It continues in the male lyne untiU this day, the gentieman who is now possessor therof being the fyfth from Hugh, the youngest sone of Hugh Lord SoraerviU, not compting two other brothers, the one wherof, naraed WilUara, that was killed by the Livingstounes of New bigging, and left noe raale successione ; and the other, Wihiara, the uncle of him who now is, that was never marryed. I have htle more to say of this nobleman, but that in the later end of his dayes he saw the had also been seized by the governor, were set at liberty, after the violent proceedings of Henry, and the burning of Leith by his army under Hertford, had united the Scottish no bility of all parties in opposition to his views. THE SOMERVILLS. 407 house of Cambusnethen in its meridian, by ther oune and ther daughter's marriages, of whom I will have occasione to speak raore in his sone, Lord Jaraes his raemorie. All his children being now marryed and setled in ther oune houses, except his second sone John, of whom I have noe certanty to wryte ; for that conjecture of his being marryed in England with a very an cient faraUie, and that it was he who, in anno 1571,' being instigated by one HaU, a serainarie preist, atterapted to raurder Queen Elizabeth, for which being iraprisoned in the Tower, he was found dead the day before he should have been execute. It is true, ther was a gentleraan of that narae and sirname that the English wrytters makes mentione ofi atterapted against the life ofthe queen ; but whether he was of the ancient English extractione or Scottish, I will not take upon me to determine.* Neither will I ' Note by the late Lord Somerville — It was the ancestor of William Somerville of Warwickshire, the remains of whose for feiture was the estate of the said William Somerville, who died in the year 1742. ^ Note by the late Lord Somerville. — Of the English ex traction, and that early after their coming into England, by writings belonging to that family in Lord Somerville's posses sion. 1 408 MEMORIE OF be positive to assert the contrary, but that the same gentleraan raight be John SomerviU, se cond sone to Hugh Lord Soraervill, for he was bred and brought up a zealous Roman catho licke ; and at this very tyme which the English wrytters condescends upon was about the thret tieth and third year of his age ; and it's very pro bable if this gentleman, sone to the Lord Somer vill, had continued in Scotland, I should bave seen some evidences and wryttes wherin his name would have been mentioned ; but I bave heard nor seen non, except that charter of con- fhmatione granted to the Laird of Gladstones by Hugh Lord Soraervill, wherein this gentleman is designed John Somervill, also our sone. What other children the Lord SoraerviU and darae Janet Maitlane, his lady, had besyde these, James, John, and Hugh, and three daughters, the Lady Cookpool, the Lady Drumraelzeor, and the Lady Carmichaell, I know not. Ther is some afiirraes ther was a sone and daughter more, one Richard, named eftir his uncle. Sir Richard Maitlane of Leidingtoune, and a young er daughter, marryed upon Sir James Lindsay of Pittardie ; but I have noe evidence of these to confirme the truth of the assertione. Whither Hugh Lord Somervill, or his lady dame Janet Maitiane, dyed first, I cannot be certane ; but that ^,if^,^s. in lUiie old CJiiajpel of C'<;iijnniwafli -Z;3'.i,g*aJ^^/^,'^;/^^_/,Vv///,wJ5i^i;-^^ THE SOMERVILLS. 409 they both dyed about, or in the year 1550, is evident from wryttes yet extant. They lye in terred within the collegiate church of Carnwath, under a handsome monument supporting ther effigies. Off James Lord Somervill, the Thretteinth Barrone of Lintoune, the tenth of Carnwath, the seventh Lord Somervill, the Seventeinthfrom Sir Gaul ter, and qf Red- Bag, the Second Barrone of Cambusnethen. James, now Lord SomerviU, succeeded his fa- 1550. ther. Lord Hugh, in the year 1550. The estate at this tyme was in a declyneing conditione, be cause ofthe great expences and charges the fa ther of this nobleraan had been at for his houses keeping ; but that which drew the greatest bur den upon it was his brethren's patriraonies, and the great portiones given to his sisters, all which had made his father contract debts which he left upon the estate, as did this young nobleman himself dureing his three years iraprisoneraent in England. Soe soon as he returned frora that captivitie, in coraplyance with his father's coramands and his oune inclinatione, he adhered 410 MEMORIE OF to the queen's factione, Mary Dowager of Scot land, who, by the governour Hamiltones diraitt- ing in her favoures, was regent and governesse of Scotland, who, with the assistance of the car dinall her counsellor, ordered all affaires in church and state^ in oppositione to the Earl of Angus, who, efter King James his death, had returned into Scotland, as did Matthew Earle of Lennox out of France, to be a competitor and counter- poser to the house of Hamiitone. He came home, being put in hope by the queen dowager to be made governour ; but when he saw hiraself deluded, and Beatone preferred to the govern ment, he began to raake a strong partie against the cardinall and governour, who had not yet di ra itted in the queen's favoures ; but at lenth, by the cardinalls wylles, he was drawen to a parley, where, finding they had a mynde to intrape him, he flies in the night first to Glasgow, then to Dumbarton, and at last to England ; where he was receaved and intertained by King Hendrie the Eight, who gave him his sister daughter by the Earle of Angus to wife. On her he begott Hendrie Lord Darnley, who eftirward was mar ryed to Queen Mary of Scotland, on whom he begott King James the Sexth. These occur rences, with the Earle of Angus his returne, ther THE SOMERVILLS. 4 1 1 agreement with the Hamiltones, and the seve raU factiones of that tyme with the civill broylles that proceeded therupon, are soe fully spocken to by our historians, and the author of the histo rie ofthe Douglasses, that I passe them all, but where this nobleman whose memoir I now wryte Was particularly concerned ; for, as his father, dureing the eight years he lived eftir King James the Fyfths death, had still been of the queen's factione, soe he all the tvme of his life .still ad- hered to the queen mother the dowager, and her daughter, against the lords of the combinatione,' and that meerly out of a principle of obedience and loyaltie, (the supreme right being in ther ¦persones) then because of ther religione, albeit it be true he lived and dyed a Roman Catho licke, and was the last of the family of Cowthal ly of that professione. This Lord James service and retour I have 155 not, nor one paper in my custody makeing men tione ofhis name, soe that but within these few How much the author is mistaken concerning the politics of Hugh Lord Somerville, appears frora our former notes upon these Memoirs. But it would seem he was right in supposing that his successor Jaraes adhered to the party of Queen Mary of Lorraine, since we find him employed as an agent between that princess, when regent, and the Duke of Chatelherault, 412 MEMORIE OF years, I was of the opinione, that all the last three lords preceding Lord Gilbert, bad been of the name of Hugh, tiU I was convinced of the contrary by the evidences and wryttes of these gentlemen that held ther lands of the Lord So merviU, particularly by a charter granted to James Somervill of Gladstones, by bis father Lord Hugh, wherin, being a witnes, he is de signed " James Somervill, son and appearing heir to me the said Lord SomerviU :" And in the year 1555, in a charter granted by hiraself to James Deunie of Westfald, he is designed " James Lord Somervill." But I need not insist upon this, se ing it is putt beyond all doubt, by the present Earle of Carnwath's progresse upward to the last Lord John, this lord's uncle, in whose favoures the new infeftment was granted, and the waird holding changed to blenche, by King James the Fourth, in anno 150O, wherin this Lord Jaraes is reckoned the third from him. Being marryed very young upon Agnes Ha miitone, daughter to Sir James HamUton of Finhard, in the year 1540, being then himself about the age of twentieth or twentieth and one, dureing his father's life he had stiU lived in the tower of Carnwath ; but he being dead he rerao ved to Cowthally House. Some three years ef- THE SOMERVILL.S. 4 1 tj tir this, John Somervill, the second laird of Cara busnethen, nicknaraed the Laird with the Red- bag, dyed. This gentleraan had lived from his father's death, Sir John of Quathquan, to his oune, allmost in a perpetual feed with the house of Cowthally, and that by reasone of these lands they held of the Lord Somervill within the bar ronie of Carnwath ; and this feed becarae eftir hira hereditary, both upon that head and an other of greater moraent, which shall be spocken to eftirwards. However, this gentleraan over- carae all the troubles of his youth, lived honour ably, haveing the happynes to see his sone twice raarryed, his eldest daughter honourably matcht, first upon the Lord Fleyming, whose estate this lady heirs, eftirward in her widowhead she raar ryes the Earle of Rothes, to whora she bore se verall children. Her eldest daughter being re raarkeable for her beautie, was marryed upon the laird of Lochleven, unto whom she bore seven daughters, who being grandchildren to this lady, wer the wonder of the age wherin they lived, both for vertue and beautie, and ofher commend able qualities requisite in that sex. Ther worth and exceUent perfectione made them admired of all, and sought in by the greatest, being daugh ters to the laird of Lochleven, ane eminent bar- 414 MEMORIE OF rone, predecessor to the present Earle of Mor- toune, grand chUdren to the Earle of Rothes, and great grand children to Cambusnethen. The eldest of these ladyes was marryed to the Lord Lindsay, the second to the Earle of Argyle, the third to the Earle of ErroU, the fourth to the Earle of Orknay, the fyfth to the Earle of Atholl Stewart. On whom the other two was marryed I know not ; but that there was seven of them is certaine ; fbr they are yet named the Seven Fair Porches of Lochleven. By the former and suc ceeding marriages the house of Cambusnethen became very reraarkeable and strong in friend ship, wherby they outwent by farre in friendship and aUyance the faraiUe of CowthaUy. And now that I may finish all that I have to say of Read- bag and his successione, his s°cond daughter was marryed upon the laird of Cleghorne, Lockhart, whose posterity remaines till this day : His youngest daughter marryed the Laird of West- raw, being mother to James Johnstoune of West erhall, that stout asserter of his chiefes interest, and the Laird of Mainnesses, in whose just quar relles and his oune defence he committed many slaughters, being one of the famousest border nders in his tyme, of whom I shaU discourse fur ther in the succeeding age. This gentleman THE SOMERVILLS. 415^ Red-bag left a second sone, named William, to whom he gave a fourtie shilling land in the ne ther toune of Cambusnethen, of whose succes sione I can say nothing. Thus farre I have di gressed to give a full account of the faraiUe of Cambusnethen, so farre as concerned Red-bag, who, dying in the later end ofthe year 1553, his sone, named the Laird with the Plaides, was ser ved heir to his father att Edinburgh, the fyfteinth day of January, 1554. Having given this account of the familie of 1558. Cambusnethen, I returne to James Lord Soraer vill, who saw rauch of Read-bag's life, and ofhis sones, the Laird with the Plaides, with whora, notwithstanding of the fathers animosities and quarrells, he keeped a good correspondency un till a notable accident, neer the later end of ther dayes, brocke all friendship till both of them was in a maner extinct as to ther fortunes and ho- noures, which shall be declared in its place. In the year 1 558, the Lord Soraervill was much af flicted with the bad report that he heard of his cousine Alexander Soraervill of Trabrax, who haveing dUapidated most of his fortune, wodselt the rourae' of Trabrax to one Thoraas French, ' Portion of land. 4 1 6 MEMORIE OF The Laird of Carabusnethen being superior, as he held the sarae ofthe Earie of Douglasse, that rourae being a part of the barronie of Dunsyre, Caranethen for a time withstood that right ; but by the mediatione of James Lord Somervill, all differences was composed att CowthaUy, the twen tieth and third of September, 1556; about which tyrae this gentleman, Alexander SoraerviU, by the Lord Somervilles interest with the Bishope of Saint Andrewes,' obtaines that service, beUe- ' James Harailton, natural brother to the Earl of Arran, arch bishop of St Andrews. In 1558, he apprehended and tried Walter Milne, an aged priest, for heretical opinions, and ha ving conderaned hira in his spiritual court, delivered hira over for execution to the teraporal arm. " After this, the bishop condemned him of heresy, and kept him two days ; because they could not get a criminal judge to condemn him to death. Then the bishop sent for the provost ofthe town, being, for the time, bailie ofthe regality, and de sired him to execute hira to death, as being condemned of he resy. * I will (said the provost) do any thing that pertains to my office, according to justice, at your lordship's command: But for the innocent servants of God, and preachers of his word, I will not raeddle with them.' The bishop said, ' Provost, you are bailie of my regalitj', and ought to judge all such as transgress within my bounds.' — ' Yes, (replied the provost) and if your lordship please, I will take him, and give him a fair as size of teraporal raen, who perhaps will absolve him.' ' I am content (said the bishop) you do so, and make me quit of him any way you please.' But some wise men, who were friends to the provost, shewed him that it was perilous to absolve a man conderaned of heresy by the clergy already. The provost, con- THE SOMERVILLS. 417 ving it might be a mean to preserve the remain der ofhis brocken fortune ; but that unhappy act of condemneing Walter MUne as ane heretick to the fyre, he hiraself being noe teraporall judge for the tyme, but ofiiciouslie intrudeing himself in that office, to ingratiate himself raore in his masters favour, lost quyte his oune reputatione in the countrey, the good will of all his friends, particularly his chieffe, the Lord Somervill, who although ther was non raore zealous that way, yet he abhorred that rigiditie, and all persecu- tione upon the account of opinione, especially in him who had no caU therto, nor was concerned as a judge in that proces against Walter Milne, who was the last in Scotland that suffered upon sidering this, desired the biship to give him leisure to advise till the morn ; which having obtained, the next day, early in the morning, he departed ofi^ the town. " The bishop, being frustrated in this manner, sought up and down a long time for one to be judge, and could find none; till at length he took one of his own court, named Alexander So mervel, a man void of all honesty, religion, or fear of God ; who sat in judgement and condemned him to the death. But the merchants, for the love of this poor servant of God, had hid all the tows, and all other things which raight serve for his execu tion. He was burnt on the north side of the Abbey-kirk." — . Pitscottie' s History, foi. p. 200. ' On the subject of Walter Milne's execution, the learned 2D 418 MEMORIE OF that account.' However, this gentieraan Alex ander SomerviU continued in his service aU the tyme of the queen regent's gouernment, untiU the year 1560 ; dureing which time he had gain ed some money, wherby he redeemed his estate and lived at home in peace, but without any cre- dh or respect either frora his oune friends or strangers. The grand chUde of this gentleman having marryed Margaret SomerviU, only chUde to Jaraes SoraervUl of SpitteU, who had been un fortunately kiUed by some of the Livingstounes in Newbigging, at the opening ofhis oune gaitt, for which two of them was hanged by the last Hugh Lord Soraervill, this accident faUing out in his tyrae. The grand childe of this Alexan der Somervill of Trabrax, being none of the wysest, contracted much debt in a few years, and then dyed, leaveing his wife a young widow, and accurate biogi-apher of John Knox has observed : — " This barbarous and illegal execution produced effects ofthe great est importance. It raised the horror ofthe nation to an incre dible pitch ; and as it was believed, at that tirae, that the re gent was not accessory to the deed, their indignation was di rected wholly against the clergy. Throwing aside all fear, and those restraints which prudence, or a regard to established or der, had hitherto imposed on them, the people now assembled openly to join in the reformed worship, and avowed their de termination to adhere to it at all hazards."— L?/e of Jolm Knox. THE SOMERVILLS. 4 1 9 who eftirwards marryed one James Dean, who, by his wife's joynture, and buying some of these debts that was upon the estate, acquyred the propperty to hiraself and his heirs : How it re- turned to the house of Cambusnethen I know not ; but of late years it was sold by Sir Jaraes SoraerviU to the Laird of Cleghorne, and left by him to his eldest sone of a second marriage, with the house of Correhouse.' This gentleraan's or dinarie designatione was either of Trabrax or HerperfeUd, but raore frequently knoune and designed by Comraissioner Lockhart. All the kingdorae being in ane consternatione, church and state overturned by popular turault.s, the queen regent with the French forces and such ofthe nobiUtie as ouned her interest, raade head against the lords ofthe congregatione ; and, to faciUtat the way, the queen and court erait- ted furth a proclaraatione, accuseing thera of cryraes of the highest nature. But the lords was not behind hand with the queen in this mat ter ; for, both by letters to the queen, and open proclaraatione to the people, they vindicate thera- ' In the Supplement to Douglas's Baronage, George, Laird »f Trabrax, is stated to be the fourth son of Allan Lockhart of Cleghorn, by his marriage with Elizabeth, sister to Lord Ross. 420 MEMORIE OF selves, how truely I shall not judge ; but this may be asserted from the experience of this countrey, and our late troubles, they did cast the coppie which our presbiterean reformers foUowed exact ly. Ther being soe much of this abroad allrea dy, it wer needlesse for me to light a candle att the twelth hour of the day ; they that runnes may read ; for these that are blinded by opinion or interest, the clearest sun shine will serve them in noe steed. This busi nes at lenth comeing to a tryst, ther was appoynt ed to meet at Prestoune for the queen, the Duke' of Huntley, Areskine, SomerviU, and the Abbot of Kilwinning; for the congressione, Argyle, Glencairne, Ruthven, Boyd, and Ohiltree, the Lairds of Doune and Pittardie. This tryst brocke up at that tyme, and ther was nothing done, both parties standing upon ther defence. However, shortly thereftir, upon the queens comeing to Edinburgh and recovering the cas tle, the former propositione was aggreed unto, and soe remained untiU the year 1560. The Lord Soraervill receaved advertiseraent to attend the ensueing parliaraent that was to sitt in Au- U'LlSt. ' It should be the Earl of Huntley. THE SOMERVILLS. 421 This year, 1560, being corae, and the parlia- l^^^. ment to sitt for establishing the protestant reli gione, the Lord SoraerviU resolved to keep the dyet, albeit he was fuUie deterrained to dissent from the lords of the congressione, as to what concerned any alteratione in religione, and ac cordingly did soe ; for the confessione of faith being read in open parliament, he, with the Earle of Atholl and Lord Borthwick, dissented from that act, saying, they would only believe as ther fathers before them had believed." In the year 1567, James Lord Somervill, as a 1567. constant adherer to the queen mother, dureing the tyme of her governraent, soe now her daugh ter Mary being upon the throne, he was still of her party in oppositione to all thera that disturb ed her governeraent ; for haveing receaved a let ter frora the asserablie of the church, that was to sitt upon the twentieth of JuUy, 1567, wherin he was desyred to give his personall presence att Edinburgh the forsaid day, for giveing his ad vyce, councell, and concurrance, in raatters there to be proponed, especially for purgeing ther re ligione frora popery, the establishing of the po lice of the church, and restoreing the patriraonie ' See Knox's History, p. 253. 422 MEMORIE OF therof to the just possessores. These generall letters, with the instruction es given to the cora missioner that was divided to the lords of the queen's factione, and what expectatione they had is at large to be seen in Spotswood. For the Lord SoraerviU, he gave a flatt denyaU, po sitively refuseing to meet at the assemblie, or to countenance any of ther proceedings in church or state, soe long as his soveraigne was under re straint ; and accordingly he lived att home un- 1568. tiU the next year, 1568, upon the third of May that he receaved a letter from the Lord Seatoune, to whose daughter Helenor Seatoune he had late ly marryed his eldest sone Hugh, Master of So merviU. The contents of the letter wer, that the queen was escaped from Lochleven, and was now with him at his castle of Nidderie, in West Lou thian, her intentione was for Hamiltoune, where her majestie mynded to remaine untill these of her partie conveened. His requeist in his letter to the Lord Soraervill was, that as heretofore, soe now his lordship would not be wanting to wit nesse his loyalty to the queen. Haveing recea ved this advertiseraent from the Lord Seatoune, wherof he was exceeding glad, the Lord Soraer vill made all the haste that was possible to con veen his vassaUes, followers, and such ofhis ten- THE SOMERVILLS. 423 nents as was able to bear arraes, provyding them in the best maner he could, for the most part horse men, ther armes was only sword, dag ger, and lance, pistoUes then not being much in use. With this companie upward of three hun dered marched upon the tenth of May, 1568, to Hamiltoune, and joined his troupe to the rest of the queen's cavaUrie, which, when he had done, he went and kissed her majesties hands, by whora he was graciouslie receaved and kyndeUe well- coraed by this prinoesse, who gained the hearts of all her subjects who had the honour to con verse with her,' but these only that frora the be ginning, upon the pretext of her differing in re- ' In the following list of the barons whose forces composed Queen Mary's army, at the battle of Langside, he is called Hew Lord Somerville: — " The nobillraen that come to the field with the queene were these ; Archbald Earle of Argyle, lieutennent ; Hew Earle of Eglintoune, Archbald Earle of Cas silis, Andro Earle of Rothus, my Lord Glamis, George Lord Seatoun, Johnne Lord Heres, Hew Lord Somerveill, John Lord Flemyng, Thomas Lord Boyd, my Lord Ross, the She riffe of Aire, and Sir James Hamiltoune of Craufuird, Johne Knygthe, to the number of six thousand men or thairby — The nobles and gentillmen on the regents pairt were James Earle of Mortoune, Alexander Lord Home, Johnne Lord Lindesay, Robert Lord Sempill, Williame Lord Ruthven, Johnne Lord Grahame, Secretarie Lethingtoun, to the number of thrie thou sand or sum maire," — History and Life qf King James the Sext, p. 412. 424 MEMORIE OF ligione from them, had a designe both upon her hfe and croune, as was evident and conspicuous to all that was not possessed with prejudiciaU thoughts of that excellent princesse, by ther who, under speci ous pretexts for religione and libertie, banded the greatest part of her subjects against her, then conveened att Glasgow, under the command of a royall bastard,' who, drawing these of his par- tie, as the queen did her armie, to Langsyde, three dayes eftir the Lord Soraervill coraeing to Ha- railtoune the battle was fought, upon the thret teinth day of May 1568, and the queen's ar mie wholly defeat, three hundred kiUed upon the place and many taken prisoners. Her majestie seeing all lost, hastened to the west against the counsell of all her best friends, and shipped att Kirkcudbrugh for England, which in effect at lenth proved her oune ruine, and went neer to have undone all these of her partie ; but that they both for ther number and qualitie wer such as the Regent Murray durst not proceed against, especially eftir he had receaved ane advertise ment from the Queen of England. Upon this ' The celebrated Jaraes Stewart, Earl of Murray, created rd, gent by the king's party. THE SOMERVILLS. 425 defeat of the royall partie att Langsyde, and the queens quitting of the kingdome, the Lord So merviU haveing escaped frora the fight sore wound ed in the face by a dagger, and in the thigh by a lance, he reteired home to Cowthally-house, and lived thereftir in peace, notwithstanding that for the most part ther was yet in a maner a ci- vUl warre in the countrey betwext the factiones, untill the second year of Mortounes regency, and the delyverie up of the castle of Edinburgh by Grange to the Queen of England's generall, up on the twentieth and nynth of May, 1573, which was three yeares eftir this Lord James Somer- viUes death. Haveing given ane account of him in soe farre as he was concerned in the publict, I shall now, before I finish his memory, speake to his private concernes. From the year 1568 to the year 1570, I find nothing of any moraent in the Lord SoraerviUes private affaires, save that noble discovery made by Katharine Murray, Lady Cambusnethen, the maner wherof was this. John Somervill, nick named the Laird with the Plaides, the third Laird of Cambusnethen, being marryed upon Katha rine Murray, the Laird of Philliphaughes' daugh- • This active dame was the daughter of Patrick Murray, of 4£6 MEMORIE OF ter, she being his second lady, as Katharine Car michaell, the Captaine of Craufuird's daughter, was his first, as formerly I have written in Lord Hugh's meraory : This lady finding the barronie of Cambusnethen, and most of her husband's other lands allready heired by a son of his fhst marriage, named James, and nick-named the Laird with the Velvet-eye,' of whom I will have occasione to speake much eftirward. This gen tleman being to succeed to all, or most, of his fa ther's fortune, did extreraely vex his mother-in- law, and soe much the more that she was mother to many children, wherof ther was four sones ; John Patrick, named eftir the Earle of Bothwell ; WiUiam, named eftir the Laird of Philliphaugh, his grand father ; and Thomas, with four daugh ters. The provisione of their children, by what meanes soever, was all her care, especiaUy John her eldest sone, whom she designed, in the spight of all oppositione, to have Laird of Cambusne then. In order therto, she endeavoured to Falahill and Philiphaugh, the ninth baron, it is said, of that an cient faraily. Her raother was a daughter of Lord Fleming. — Doughs' Baronage, p. 105. ' Because he had lost an eye by a musket-shot, as afterwards appears, which was covered with a patch of black velvet. THE SOMERVILLS. 42/ weaken her step sones esteera with his father, and thereftir caused her husband not only with draw his countenance from his eldest son and appearing heir, but also aU support suitable to his qualitie, yea even necessaries for his body ; and it was alleadged by sorae, ther was a designe against his life ; for this gentlemans eye being strucken out by a shott from Caranethen house, it was never yet knoune from what hand it came, however this lady bore the blame therof, and was judged by most to have occasione therto: And really her proceedings and actings eftir ward gave too great ground to confirrae that suspitione. Upon her marriage in January, 1552, at the castle of Creichtoune, where she had reraained with her uncle the Earle of Bothwell, from the death of King James the Fyfth, whose concubine she had likewayes been, and now raarryed upon Caranethen, she was infeft in all his lands of Louthian, Drum, GUlmertoune, and Gutters,' as her joynter. These lands being then in the possessione of the house of f!ambusnethen, as they had been for three score and ten yeares ' Or raore properly Good-trees, now called Mardun. This e&tate would bave borne immense value in the present time. 42S MEMORIE OF preceeding. Some few yeares eftir this, I find her sone John was put in the fie of these, her sone Patrick had a rourae called the Green, att the east end of the nether toune of Carabusne then. What provisione her other sones had I find not ; and, as if all the lands of Louthian had not been a sufficient provisione fbr her sone John, she retaines her resolutione to make hira Laird of Cambusnethen, in prejudice ofhis eldest bro ther of the first marriage. Haveing missed the aUyance of the HaraUtones, which she thought was the raost phesible way to effectuate her de signes, being prevented in this by her step sone, who had marryed Margaret Hamiitone, only daughter and heir to Archibald of Raploche, wherby this gentleman had secured that name and familie for his interest, his father-in-law be ing a great favourite of the Duke of Chattel- broyes, and haveing the Abbot of Kilwinning for his brother, who was a great courtier, and uncle to the lady that he had marryed ; this match failling, the Lady Cambusnethen her next care was to secure all the name of SoraervUl for her and her sones interest ; and she knew ther was noe better way to effectuate this then by marrying her sone upon ther chieffes daughter. Haveing fixt upon this resolutione, she had the 7 THE SOMERVILLS. 429 confidence to goe to Cowthally, and propone her sone John's marriage with my lord's second daughter, a young lady then about the sexteinth year of her age, who was eftirward marryed to her cousine the Laird of Plain. The reasones upon which this raarriage was offered, albeit de lyvered by her ladyship in expressiones hand some enough, (being a bred courtier from her youth) was rauch surprizeing to the Lord So merviU, who, haveing heard her out, desyred to know if she had any warrand from her husband for the offeres made by her, and these she re quyred of him. To this her ladyship answeared, she understood her husband's mynde, and came not there to make any such proposalles without his expresse bidding and comraand. Upon which confident assertione, the Lord Somervill takes asyde Master John Maitlaine his cousine, se cond sone to Sir Richard Maitlane of Leidding- toune, and brother to the secretary : This gen tleraan was but lately returned from his studies and travelles abroad, and haveing as yet attain ed to noe publict imployraent for three or four years eftir, had much of his residence with his cousine James Lord Somervill att Cowthally house.' The tymes being very troublesorae, and * The author is correct in the fact, though he errs in the in- 430 MEMORIE OF the wholl natione aUraost in a perpetuaU con sternatione, h was to this gentieman, that was duction. Sir John Maitland, afterwards the chancellor of James I., and created by him Lord Thirlestane, had already made sorae figure in public affairs, having held the office of Lord Privy Seal, until he was deprived by the predominant faction, who conferred it upon the celebrated George Buchanan. Ha ving adhered to Queen Mary's party, Maitland threw himself into the castle of Edinburgh, which was held out against the Re gent Morton, by the gallant Kircaldy of Grange until 1573. At the surrender of the fortress, Maitland was first confined in TantaJlon Castle, and afterwards had the house of Cowthally assigned to him as a sort of prison at large, as appears from the following entry from the Acts of Council : — " Apud Holyrudhouse, 15th of February, 1573. " Forasraikill as ray lord regentis grace has granted libertie to John Maitland, suratyrae Prior of Coldinghara, furth of his present ward to reraain with Hew Lord Somervell at his house at Couthalie, and twa mylis thereabout, during the will of his soveraign lord and his said regent : therefore George Craufurd of Lochnoris, Francis Douglas of Borg, John Edraonston of that ilk, John Cockburn of Clarkington, younger, are become oblist, and by the tenor hereof binds and oblisses them con- junctUe and severalie, that the said John Maitland sail remain in the company of the said Hew Lord Soraervell in his house and within the bounds above written, ey and while he be freed and relievit by our said soveraign lord and his said regent. And also that the said John in the mein tyme, and while his said releif, sail behave himself deutifullie, and sail do nor at tempt na thing directly nor indirectlie in hurt of our soveraign lord and regentis authoritie and comraon weill of the realra ; nor sail send letters furth of the realm, or receive letters fra any personis, strangers, or utheris, now being within the same, without he raake my lord regentis grace privie thereto, incon tinent upon the sending or recaving. And in like manner the THE SOMERVILLS. 43 I even then beginning to give evident tockens of his great abilities, that the Lord Somervill im parted the Lady Carabusnethen's errand, keep ing nothing back of what she had delyvered, and then requyred his advyce. This gentleraan have ing considered a litle upon the bussinesse, told his cousine the raatch indeed was creditable, but the conditione she requyred most dishonourable for hira to grant, seing the wronging of a righte ous heir was the raaine thing designed by that marriage, and to raake his lordship, by his power and interest, the principaU author and actor therin, which eftirwards might bring a curse upon the raarriage, and certane ruine to both said cautioners sail enter and present the said John Maitland before the said regent and privy council when they sail be re- queirit upon fiveteen days warning, under the pain of ten thou sand poundis." ** Mr Maitland continued under his confinement till the fall of the Earl of Morton, who had ever been his enemy, that his confinement was taken off, and an act of councill made there upon, declaring hira ' relivit ofhis ward, and thereby allowed to resort to any place of the realm at his plesore.' After this lie betook himself to the court again, and being a gentleman of excellent parts, and a good proportion of learning, became soon very acceptable to his majesty, insomuch as he was quickly thereafter preferred to be one of the senators of the coUedge of justice, the 26th of April, 1581." — Cbawfurd's Lives of the Officers ofthe Crown and Stale qf Scotland, Edin. 1726, foi. vol. L p. 142. 432 MEMORIE OF the families. However, it was his opinione that ther should be noe absolute refuiseaU for the tyme given to the ladye, but rather sorae hope that that businesse might take effect ; and, to confirme her in this beleiff; it was desyred that the next tyrae her ladyship raynded to crave about this affair, that aU the papers of her hus band's estate, especially these concerneing the lands of Mid Louthian, might be brought and viewed, that a way for her sones further security might be considered upon in poynt of law. With this answear the Lady Camnethen went home weiU pleased, supposeing that she had gained her poynt, seing the Lord Somervill had hearkened to a treatie within twentieth dayes thereftir. She returned with raost part of her husbands charters and evidences, and raore par ticularly these relateing to the lands of Drura, Gillraertoune, and Gutters, raakeing her accorapt that if her sone raissed the barronie of Cambus nethen, ther was non to contend with him for these ; but the proverbe holds true : " It's fair heght that fooUes proraises." The searcheing of these papers being wholly remitted by the Lord Somervill to the care and inspectione of Master John Maitlane his cousine, this gentleman was two dayes in looking them over, many of them THE SOMllRVILLS. 43S being papers of great antiquitie, relateing to raany lands in severall shirrefdomes, forraerly belonging to the Lord Soraervill. However, this gentleraan, when he had inventared so raany of the principaU papers as he beUeved raight be necessary as to the affair in hand, by providence he falles upon that gift of nonentry granted to Sir John of Quathquan, the first Laird of Cambus nethen, by King James the Fourth, in anno 1498, particiUarly rehearsed allready to a word in that gentleman's memory. Therefore at this tyme it shall suffice to raentione the clause wherupon James Lord SomerviU, and eftir hira Hugh Lord Soraervill his sone, founded ther suraraonds of rederaptione. The words are these following the grant, (and " ay and whill ' the righteous heires or heir therof be lawfully entered" therto be us, gif they be in our hands by reasone above written.) This is twice repeated, once in the gift of nonentry, and next in the grant of the. absolute right of proppertie, in caice the king as superior had been declyned. Master John Mait lane haveing found this gift, being but short, he takes a double therof, and then turned in the i. e. untill. 2 E 434 MEMORIE OF principaU to the rest of the papers, wherof he had seen and considered the principaU of them all, and found that, abstracting from conscience, noe law could carry any considerable part ofthe Laird of Camnethen's estate from the sone of the first marriage. These being his own thoughts, he acquaintes his cousine therwith. They both resolve to putt offthe Lady Cambusnethen with a complement for the tyme, by telling her, that now haveing perused the papers, they would con sult with ther lawyers, and take ther advyce how the estate legally might be convoyed to her sone ; and, in the mean tyme, the Lord Somervill to tell her ladyships that she might rest assured that he would comply with her desyre, soe farre as ho nour arid conscience would allow him. The Lady Cambusnethen could not object much against this answear of the Lord Soraer viUes, though at first she expected better suc^ cesse, and a more quick resolutione as to her sones marriage, then now she looked for from that demurre. Eftir dinner the Lady Cambus nethen haveing clok-baged up again all her pa pers, takes her leave with many fair promises that her husband would to the outmost of his power condescend to aU things that in reasone ^ould be requyred of him relateing to the match : THE SOMERVILLS. 435 Which complement being returned by the Lord SomerviU, they all take horses, he with his cou sine Master Maitlane gave the convoy to my lady for some four raylles, and eftir went to hunt ing. Dureing ther sport Master Maitlane have ing conceaUed what he had discovered amongst the papers, soe long as the Lady Carabusnethen was present,, be takes now occasione to enquyre at his cousine, if his lordships predecessores had ever any interest in Mid Louthian, and if he knew how they parted with the sarae. He an sweared they had ; and, to the best of his know ledge, the house of Cambusnethen had these araongst many other lands they jreceaved from his great grand father Lord John, who, upon the account of his sone ofthe second marriage, went neer to have ruined his famUie, by reasone ofthe great fortune he left unto the sone of that marriage. By this answear Master Maitlane un derstood that his cousine Lord James was alto gither ignorant of the way and raaner of the conveyance of Drum, GiUmertoune, and Gut ters, frora his faraiUe to that of Carabusnethens, and therfore, in a drolling way, he asked his cousine what he would bestow upon that persone that should putt hira in a way to recover these lands. My lord smyleing, said, Cousine, the bar- 5 436 MEMORIE OF gane should soon be made if once I saw the man that made the offer. Wherupon Master Mait lane, pulling out the paper, which was the dou ble of King James the Fourth's gift, and dely- vers it to my lord, saying, There it is that will effectuat and doe that bussinesse, and seing I am the man that hes made the discovery, I crave noe more but your lordshipes whyte gelding. Hear ing this discourse and haveing read the note, the Lord Somervill imraediately lights from his horse, and takeing his cousine all in his armes. Here is not only my gelding, but take this, which, in these troublesome tymes, I have still keeped upon me, not knowing what might befall, haveing, as was ray duety, syded and taken part with that just in terest of ray princes, which hes had but bad suc cesse in the world. That which the Lord So mervUl gave with his gelding to his cousine, was a purse, sewed be his mother darae Janet Mait lane, with silke and silver, containeing twentieth of old pieces of gold ; and, indeed, it could not ¦he better bestowed then upon her nephew, a brave gentleman, Avhose great abilities and per sonall worth eftirward brought hira to be the principaU officer of state in Scotiand. The Lord SomervUl and his cousine leaveing that sport, returnes to Cowthally house, where THE SOMERVILLS. 437 haveiilg refreshed themselves and changed ther horses, the dayes being then long, they immedi atly posted to Edinburgh ; and the next day ef tir ther arryveall, they caused search the regis ters, for that gift- granted be King Jaraes the Fourth to the Laird of Carabusnethen, which at lenth, within a few dayes, was found in the regis- trationes of the exchecquer bookes, wherof the Lord Soraervill took ane authentick double un der the clerks hand of that office, and then con* suites, his summonds raised and execute against John Somervill, as appearing heir by progresse to Sir John SomervUl of Quathquan his grand father, as also against James Soraervill, sone and appearing heir to the said Sir John, and also against Katharine Murray, wife to the said John Somervill of Cambusnethen, and John Soraervill, her eldest sone. Both of thera wer standing seazed in the lands of Drura, Gillraertoune, and Gutters. This begane that tedious and expen sive plea betwext the houses of Cowthally and that of Cambusnethen, for the lands of Louthian, which continued seven years before the deci- sione, and cost the defender and pursuer more money than these lands wer worth at that tyrae, besyde the rancor and feed it bred betwext the families for neer fourtie years thereftir. itSS MEMORIE OF 1570. This plea begane in the very first year of Len nox regency ; for the summonds w as execute in the later end of JuUy, 1560 ; ' and this nobleman, being the king's grandfather, eftir the death of Murray, was choysen regent, by a convention of states holden att Stirling, upon the thretteinth day of JuUy, 1570; about which very tirae the lords of the queen's factione, wherof James Lord Somervill was stUl one, had appoynted a parlia ment to sitt att Linlithgow in August thereftir. Soe that the contendings of the nobilitie and principal barrons being divided betwext the queen and the king her sone, keeped the coun trey in perpetuall combustione, ther being no thing dureing the remainder of this nobleman's life, wbich was but some few monethes, and for three years thereftir, but slaughter, burneing, and ruining of houses upon all hands;* some tymes ' If the writer is here accurate, the discovery he alludes to must have taken place three years before Cowthally was assign ed to Maitland as a place of confinement at large. But he raight be on a visit to so near a relation, previous to his com pulsory abode in his castle. * During this horrible dvil conflict, the conquerors on either side shewed no mercy to the vanquished, who were either slain upon their surrendering themselves, or executed next day in cold blood. « And this forra of dealing," says a contemporary historian, " was called the Douglas wars." — Historie qfjame VL, Edin. 1804, p. 168. THE SOMERVILLS. 439 the queen's factione, and then these that pre tended to be for the kings interest, prevailing, as their power or pollicie gave thera fitting, that ther was noe certanety nor leasure for following furth of justice ; and tiierfore this nobleraan left this actione to be prosecuted by his sone Lord Hugh, hiraself sickning in the year 1570, dyed in the sarae, leaveing only, to the best of my ip- forraatione, but two sones and two daughters, the eldest of whora being hypocondricke eftir her father's death, lived allwayes in Edinburgh, and had ane allowance from the fan)ilie by her father's appoyntment. The other daughter was marryed upon the Laird of Plain, a gentleman of her oune narne, and the first cadite of the house of CowthaUy in the qualitie of a barrone. This lady bore four sones to the Laird of Plain, whose successione remaines to this day as to the males, albeit the lands passed from them in the third generatione from this lady. For his sones, the eldest being named Hugh eftir his grandfather, succeeded to the lordship ; the other sone, being named James eftir his father, had some roumes in Carnwath-muir given him for his patrimony. He was a handsome gentleman, but, as it ap peares, he hes been non of the frugallist ; for he 440 MEMORIE OF sold his inheretance to his brother Lord Hugh, or to sorae other persone, I ara not certane. He marryed a daughter of the Laird of Coving- tounes, of the sirnarae of Lindsay, who, besyde other gentlemen, bore to this gentleman Master John SomerviU, minister of Ednome, in Tiviot dale, whose eldest son, Jaraes, eftir his father and grandfather Lord James, was naraed a propper youth. Being at the coUedge of Edinburgh, he perished in the watter of Leith as he was sweera- ing. His second sone Robert lives at this pre sent in a good conditione, upon lands purchased by his father Master John in Tiviotdale ; this gentieman Robert SoraerviU, faUzieing of heirs male ofthe house of Drum, is next heir male to the house of CowthaUy, as being grandchUde to Jaraes, and the only brother of the last Lord Hugh. Jaraes Lord SomerviU dying, as is all- ready said, in anno 1570, and of his age about fiftieth and three, he was buryed in the coUedge yle of Carnwath, within the vault beneath his fa ther and mother's tomb. He was the last lord that was buiyed there. His two successores, sone and grandchilde, being both of them bury ed in the quier of Carnwath church. This no bleman's lady, Agnes Hamiitone, lived many THE SOMERVILLS. 441 years eftir her husband's death, and then dying was buryed in the Same sepulchre with her hus^ band. Off Hugh, Lord Somervill, the eight Lord Sorrier' villi and the eighteinth from Sir Gualter. Hugh Lord Soraervill succeeded to his father Jaraes in the year 1 570, or, if wee compt from his being served heir to him, in anno 1571. The gentleraen ofthe inqueist being these, viz. James Lockhart of Lie, William Livingstoune of Jervis wood, John Whytefoord of that ilk, James Chan ceUor of Crichtoune, Thomas Weir of West NeWtoiine, Thomas Weir of Halkslandj George Weir of Stonebytes, Stephan Lockhart of Wee- kidshaw, Robert AllaUe of Corfersrie, James Weir, tutor of Hallrig, Thomas Ingles of East ScheUl, Charies M'EweU of Delvie, and Nicoll M'Ewell, burges of Lenerk. This Lord Hugh, long before his father's death, had been marryed to dame Helenor Seatone, daughter or sister, for I am not certane which of thera,' to Alex- ' She is stated by the genealogists, and by our author hira self a little higher, to have been daughter of George, sixth 442 MEMORIE OF ander Lord Seatone, with whom he had many children, sexteinth in aU, as is reported. Wher- of ther came eight to men and women, fyve sones and three daughters, off whora eftirward I treat in order, as I proceed in ther father's me raorie. The proces against the Laird of Carabusnethen for the recoverie ofthe lands of Louthian, have ing been but slowly prosecuted by Lord James, in regaird of the often interruptione the lords of session had, as the queen's partie carae to any head. They at lenth possessing theraselves of the toune of Edinburgh, the Earle of Lennox, then regent, (who had been choysen eftir the death of the Earle of Marr,) upon the twentieth 1571. of May, 1571, haveing removed frora Leith, where he then lay, towards StirUng, commanded the lords of session to follow and sitt there, for admistratione of justice to the people. This and the affectione Lord James ever had to that fac tione, made him unwilling to be obleidged to ' them for any favour, which was the only reasone Lord Seton ; the brother therefore raust have been Robert Lord Seton. There was no Alexander in that faraily at the period ; but a third son of Lord Robert bore that name, and succeeded to the honours of Eglinton. THE SOMERVILLS. 443 that he raade noe progresse in that persute dure ing the three years that he lived, eftir his intent- ing this lectione. But his sone Lord Hugh, as he differed frora his father in religione, (being the fii-st of the faraiUe of Cowthally that was pro testant,) soe strook he in with the other factione sorae few years before his father's death, which displeased him much. However, before his death, he was reconeealled to him, and wished that he and all these noblemen that pretended soe highlie for the prince, might be as faithfuU and loyaU to him when king, as they had been un- duetifull and disrespective to his royall mother, whose partie he had ever ouned and foUowed dureing the terme of his Ufe, and now repented it nothing at his death.' Lennox being killed att the infall of Stirling, and Mortoune elected regent, the castle of Edinburgh taken, the queen's factione was never able thereftir to make head. These things being of publict concerne, and soe fully spocken to by all our historians both of church and state, I ' There was long preserved in the house of Drum, in Mid- Lothian, an antique chess-hoard and set of men, presented by Queen Mary to this Lord Somerville, which has unfortunately heen lost or stolen. 444 MEMORIE OF passe them in nameing them, only with this ob serve, that Jaraes Lord Somervill, the father of this nobleman, saw before his death tiie extin guishing and dissolutione of that partie he had ever ouned. Mortoune, who had been a prin cipaU actor in all these resolutiones, and ever a great enemie to the queen, now being regent, ruled all at his pleasure ; and to his great com- mendatione, eftir soe many stormes, fairlie setied the countrey in peace, and made the session sitt in its ordinar place, and keep ther termes. Hugh Lord SomervUl, dureing this calling, was not idle, but played his law suit to purpose, notwith standing he mett with strong oppositiones from Cambusnethen, who being weill freindsted by his families great aUyance ; besydes the actione itself was very extraordinary and unusuall, the lyke seldome occurring or in use to come before the lords, and that both for the lenth of tyme that the defender had .been in uninterrupted pos sessione of these lands, his right therto haveing never been questioned before the year 1570, and the nature of the summonds founded upon some few words of a gift in favoures of ane heir, which heir is again excluded in caice his prede cessores had disclaimed ther superiors by take ing the sarae lands holden of ane other lord. THE SOMERVILLS. 445 However, Hugh Lord Somervill haveing renued the suraraonds in his oune narae, persewes as heir by progresse to John Lord SoraerviU, elder brother to Hugh Lord SoraerviU, his grandfather, the Laird of Cambusnethen, Katharine Murray, his spouse, John Somervill, ther eldest sone, who was infeft in all the lands of Louthian, and Jaraes SomerviU, sone and heir of the first raarriage by Katharine .CarraichaeU, this gentleman, John Somervill, now of Cambusnethen, who was heir by progresse to Sir John Somervill of Quathquan, alias of Carabusnethen, his grandfather, in whose favours the gift was granted by King Jaraes the Fourth in anno 1498. It is to be observed, in this suraraonds Lord Hugh passes by his father Lord Jaraes, and his grandfather Lord Hugh, and fixes only upon his grand-uncle, Lord John, and that because it was he that stood last infeft by the king, as heir to his father, Williara, Bar^ rone of Carnwath, in the lands of Drura, GiU mertoune, and Gutters. This actione haveing continued from the year 1570 to the year 1577, dureing all that tyme, as it was persewed with fnuch vehemencie by the Lord Somervill, soe was it defended by the lyke obstinacie by Cambusnethen, who employing all jlis allyaes, which wer not a few, and his lady {ill 446 MEMORIE OF her freinds, which were raany, being of the sir- name of Murray, and PhiUiphaughe's eldest daughter, who ouned his sone-in-law much in the persuite of this actione. It's true, her cou sine by the mother syde, the Earle of BothweU, some two years before this persuite begane, was foirfaulted, fled tbe countrey, and quyte ruined, notwithstanding ther was many of that relatione of the sirname of Hepburne ouned her interest besydes these of the fathers, this lady herself being brought up as she was maryed out of her uncle's house, the castle of Crichtoune, when that familie was in its meridiane for greatnesse and honour, in the year 1552, Patrick, then Earle of Bothwell, being as much coramended for his noble quaUties as his sone Earle James was hated by all men for his nottorious vices and unlimitat arabitione, which at lenth reduced him to the hight of misery, and brought him to end his dayes in a languishing imprisonement. This lady, his cousine, being nobly descended, and one of King James the Fyfth's mistresses, it was the Laird of Carabusnethen's good or bad for tune, as yow please to construct it, to have two of them to his wifes, who did not a litle illustrate ' That is, render illustrious, though the propriety of apply ing the phrase may be doubted. THE SOMERVILLS. 447 that familie by ther successione, especially this last Lady Katharine Murray, whose breeding and eloquence was equal to her beautie and handsomenesse, and whose beautie had but few matches in that age, within the natione, if it had not been stained- by the calumny of some maU- tious tongues, that brought her honour in ques tione even eftir she maryed Cambusnethen, upon noe other ground but because of her freedorae of speech and courtly carriage to all persones that honoured her with a visite, or to whom she was pleased to make her addresse, being bred a courtier, and haveing ever frequented the com pany of persones ofthe greatest qualitie. Whill in her uncle's house she was accustomed to al low herself greater libertie then suited with the custome of the place where she now was, or yet with the huraores of her nighboures, araongst whom she then dwelt, especially in that uncivil- lized age ; and who to this day considers the nature of that people, as to the generalitie of the commones in particular, ther is not a shyre in Scotland soe much guilty of detractione as they, or hes lesse christiane charitie for others, if they differ from thera in the least punctiUo of cus tome or opinione as to ther church governe- 448 MEMORIE OF ment ; ' and, which truely is hatefuU, tbey are not only medlers in other men's matters, both civiU and religious, but would conforme aU raen's practices and opiniones to the standart of ther whirasies ; and, which is ridicolous, they are pleased to assume names and titles to themselves as they fancy, only to differ them from others, which is propper and peculiar to all beleivers within the catholick and universall church. But, waveing this, I returne to the vindicatione of this lady, off whora, by her four daughters, ther is soe raany honourable families descended, whose worth in haveing soe vertuous a mother, that provyded soe weUl for them, requyred noe lesse at my hands then what I have written, al beit it be true this very lady proved the saddest sight, since the second marriage of John Lord Somervill with the house of Lamingtoune, that ever the house of Cowthally saw ; for she in- ' It must be remembered that aur author wrote in the days of James II. when disputes ran to extremity between those of the established episcopal church, to which he seems to have been sincerely attached, and the presbyterians, whose doctrine was much more popular in Lanarkshire, and generally through the west of Scotland. This tnay account for his severe diatribe against the love of detraction, whicl^ he ascribes to the shire inhabited by his forefathers. THE SOMERVILLS. 449 gadged my Lord SoraerviUe's faraUie in ane ex pensive and tedious plea, which gave the first ryse to all ther troubles ; and noe lesse fatall was she to the house of Carabusnethen ; for besyde the debt contracted for raentaineing that very plea against the Lord Somervill, the provisione of her four sones and four daughters went neer to have ruined her step-sone, James Somervill, the laird with the velvet eye, his estate, which he was to succeed to. And yet, notwithstanding this lady left these raany sones behind her, the meraory of her eldest sone John only remaines, who being putt from the lands of Louthian by the Lord SoraerviU his decreit, had in lieu ther fore the lands of PederhoU, aud a rourae in the overtoune of Carabusnethen, given hira for his patriraony. The fourth from this gentleman is now Master John Somervill, minister of the gos- pell att Cramond, in Mid-Louthian. The Lord SomerviU had often importuned the 1577. lords of session for a hearing in the inner house, but was still postponed by the moyane and in terest of the Laird of Cambusnethen and the lady. At lenth he was advysed to use this pol- licy, by one who knew the temper and avarice of Mortoune, then regent. This gentleman's ad vice was, that the Lord Soraervill should have his 2 F 450 MEMORIE OF advocats in readynesse, and his proces in foi'rae^ against the next day, tymeUe in the morning ; that he might not be prevented by other solici- tores, he should waitt upon the regent in his oune bed-chamber, and informe hira that his bussinesse was allready fully debeated and concluded ; that only Carabusnethen had given in a petitione of new to the lords craveing that his bussiness might be heard again in presentia, before ther decerni- ture, which hitherto, notwithstanding of his bill, he had hindered himself; therefore his desyre should be, that his royal highnesse should be pleased to cause call his actione against Cam busnethen, that soe long had been depending before them. And whatever answear he should receave from the regent, he desyred my Lord Soraervill not to be much concerned ; but upon his takeing leave, he should draw out his purse, and make as though he intended to give the waitting servants some raoney, and therupon slip doune his purse, with the gold therin, upon the table, and thereftir make quickly doune staires without takeing notice of any cry that might come eftir him. The Lord Somervill punctually observed this gentleman's directione and advyce' in aU poyntes ; for haveing advysed his busi nesse the night before with his advocats, and commanded his agents to have all his papers to- THE SOMERVILLS, 451 gither against the morrow; for he hoped to bring his bussinesse to a close, being prepared tyme Ue the next morning with his principaU advo cate, he was with the regent, and inforraed hira fuUy of- his affair ; he gave a signe to his advo cat to reraove, as though he had something to speak to the regent in private, which, when he observed his advocat to be gone, he takes his leave of the regent, ther being, by good fortune^ non in the rourae but themselves, two of the re gent's pageSj and the door-keeper within. It being the custome for nobleraen and gentleraen at that tyme aUwayes to keep ther raoney in purses, .this the Lord Soraervill drawes out as it wer to take out a piece of raoney to give the door-keeper, and leaves it negligently iipon the table. He went quickly doune staires, and took noe notice of the regent's still crying eftir hira, " My lordj you have forgott your purse," but went still on untill he carae the lenth of the outter porche, now the Duke of Harailtone's lodgeing, when a gentleman that attended the regent came up, and told him that it was the regent's earnest desyre that his lordship would be pleased to returne and breakfast with him, which accordingly the Lord Soraervill did, know- 452 MEMORIE OF ing weiU that his project had taken effect.' About ten a clock the regent went to the house, which was the sarae which is now the Tolbuith church, in coach. Ther was non with him but the Lord Boyd and the Lord Soraervill. This was the second coach that came to Scotiand, the first being brought by Alexander Lord Seatone, when Queen Mary came from France. Cara busnethen, by accident, as the coach passed, was standing att Nidderies Wynde head, and haveing inquyred who was in it with the regent, he was answeared, non but the Lord SomerviU and the Lord Boyd, upon which he strocke his breast and said, " This day ray cause is lost ;" and indeed it proved soe ; for about eleven hours, the eighteinth day of December, 1577, * Morton's character was stained by the vices of lust and avarice, which renders this story not improbable. He is said, in a contemporary chronicle, to have hastened the execution of one CuUen, his prisoner, that he might raore freely enjoy the favour of his fair wife Historie qf James the Sext, p. 138. And the partial historian of the house of Douglas adraits " that many of his publick measures were rather pretexts for extort ing money than for any other good use or end. His attend ants," continues the same author, " were not altogether void of envie for their great wealth, nor of hatred in regard of the way men thought they got it, which was by receiving and taking bribes from such as had suites to him, for obtaining accesse to him, or his favour, by their raeans, and some such indirect wayes."— Godscroft, edit. IG**, p. 335. THE SOMERVILLS. 45S this actione was caUed and debeated untiU twelve most contentiously by the advocats upon both sydes. The principaU for the Lord SomerviU was Master John Russell ; and for Cambusne- thene's advocate and his lady, Master John Sharp. AU the defences Cambusnethene's ad vocats brought in or raade use of against the Lord SoraerviUe's suraraonds of reductione wer only these which the decreitt containes, too te dious here to be insert. However, eftir the de- beat was closed, the interloquitor passed in my Lord SoraerviUe's favours, who haveing extract ed his decreit the 26th ofthe same moneth, 1577, he raised letters before the counsell upon three dayes eftir the charge against Cambusnethen, his ladye's sone, and all others contained in the decreit, and that under the paine of rebellione and imprisoneing ther persones in the castle of Edinburgh, they should resigne all titles and rights they had to these lands of Drum, and Gill* mertoune, and Gutters any manner of way, in his favoures, quitt ther possessione, and delyver up all the wryttes and charters to him as his oune propper evidences in all tyrae comeing. The signett being discharged to passe a suspen- sione in any of ther favoures against whom the charges was directed. And indeed thir letters 454 MEMORIE OF are the severest, being upon noe publict accompt, that ever I did see. The Lord Somervill, that he might lose noe tyme, within two dayes eftir the charge he raises a reraoveing, dated the 28th of Deceraber, 1577- Upon all which pro ceedings I still find Master John Sharp, advocat for Caranethen, corapearing before the lords of counseU. And, upon the 22ld of January, 1578, gives in ane araple renuntiatione conforrae to the charge subscryved be Carabusnethen, his lady, and ther sones, in favoures of Hugh Lord Soraervill, his heirs and assignayes. This renun- ciatione had been dated att Edinburgh and Cara- 1578. busnethen the 18th and 20th of January, 1578. In May thereftir he procures a charter frora the Exchecquer, for infefting himself in Drura, GUl mertoune, and Gutters ; and accordingly it's granted by King James the Sexth, upon the eleventh of May, 1578, wherupon Hugh Lord SomerviU is infeft in the same moneth. Thus ended that expensive plea betwext the houses of Cowthally and Cambusnethen, eftir seven or eight years debeatt, and these lands of Louthian returned again to the Lord SoraerviUes, when they had been four score years" compleat in the possessione ofthe famUie of Cambusne.then, viz. from the year 1498 to the year 1578, wherin the THE SOMERVILLS. 455 Lord Somervill had againe the peaceable posses sione. And now I must be aUowed to have sorae observationes upon the wholl progress^ of this affair frora the beginning. It was the eldest sone of a second marriage, whill he was wholl tutor and curator to two in fants, that by the favour of his prince and the moyane of his brother-in-law, Archibald Earle of Angus, took the advantage of a decreit King James the Fourth had purchased against his pupilles, relateing to these lands of Louthian, whereunto he procures a right, and establishes the same in favours of himself and his heirs for ever, iraagineing he had been secured enough, notwithstanding of these few words contained in the gift, relateing to the present Lord Soraer vill and his heirs, then his pupill, because of the subsequent grant ; for he knew very Weill Wil liara, Barrone of Carnwath, his eldest brother, had coraraitted a grosse errour in disclameing his superior, by takeing these lands holding of the Earle of Monteith, when they held of the king as Earle of Stratherne, whereby he for- faultes the right of proppertie to the king's ma jestie, in whose power it was to conferre them upon whom he pleased, as he did to Sir John of Quathquan and Capibusncthen, with the former 456 MEMORIE OF clause imbodyed in the same grant, which was purposely done by George Gordoune, Earle of Huntiey, the great chancellor of Scotiand, that the right raight be eftirwards quarrelled by the Lord Somervill when he was major ; for he sus pected Carabusnethen's designe in the drawing of the gift, but had noe will directUe to oppose it for the tyme, Carabusnethen being then much in the king's favoures. This unhappy gift being the fountaine, and this gentleman the procurer of it to himself and his heirs, instead of his nephew, to whom in right it belonged, that occasioned soe much raischeif and trouble to both the farailies. My next ob serve from this proceeding shall be, that it was the lady of a second raarriage, and a king's mis tress, that in prejudice of the righteous heir of the first marriage gave the discovery and meanes to the true heirs of that Lord John who was highly prejudged by this gift, to get back ther antient inheretance eftir soe long a tract of tyrae, when ther was nothing lesse in her thoughts then that either these lands, or any part of Cam- busnethenes estate, should belong either to the Lord SoraerviU, or the undoubted heir of her husband. God makes here the instrument to bring back these lands of Louthian to the house THE SOMERVILLS. 457 of CowthaUy, and her step-sone Jaraes, the Laird with the Velvet Eye, to be absolutely secured in the barronie of Cambusnethen, because of the losse of the former, Avherwith she mynded to sa tisfie the sone ofthe first marriage, and establish her oune issue in the barronie of Cambusnethen. Thus wee see men and women proposes, but God disposes of present and future continuance according to his pleasure ; for if this accident had not occurred by a remarkeable providence, ther had not of these two famUies, I account thera both as one, reraained a coatt house, or rig of land, that ever belonged to the Lord So raervill, or the Lairds of Cambusnethen, in prop pertie or superioritie ofthe cadites that carae off since the year 1500, but Spittell aUenerly, who was the next of a landed gentleraan eftir Cam busnethen.' Hugh Lord SomerviU haveing gained what he desyred in the poynt of law, his next care was to put hiraself in possessione ; and in order there unto, the fhst of JuUy, 1578, he holdes a court ' At the time when the author lived, these lands,of Drum were all that remained of the large estates possessed by the baronial house of Somerville, and their powerful descendants and competitors the Lairds of Cambusnethen. 45 s MEMORIE OF at GiUmertoune, and makes aU the tennents of Drum, GiUmertoune, and Gutters, give up ther old tackes, which they had of the Laird of Cam busnethen, and take tackes of hiraself, which ac cordingly the tennents did ; and this was the first court holden in the Lord Soraervilles narae, since the year 1499, that Sir John of Quathquan did his nephew and pupil that honour, that al beit he had secured the proppertie of these lands to himself and his heirs, yet he was pleased to fence the court in his nephewes name, John Lord Somervill. 1584.. The Earle of Gowrie, in the moneth of Apryle, 1 584, being brought in questione for surprizeing of the king, and detaineing his person at Rivan, the twentieth and third of August, 1582, his judgement was found relevant by the persones of jurie, wherof Hugh Lord Soraervill was one,' ' He was executed for his concern in doing violence to tbe king's person, by seizing upon hira at the enterprize called the Raid of Ruthven. The persons of the jury were " Colen Earl of Argyle, David Earl of Crawford, John Earl of Mon- tross, James Earl of Glencarn, Hugh Earl of Eglington, James Earl of Arran, George Earl of Marshal, Alexander Earl of Seaton, Hugh Lord Sommervil, Hugh Lord Down, William Lord Levingston, Patrick Earl of Drummond, Jaraes Lord Ogilvy, Alexander Master of Oliphant, and John Murray of Tullibardin. They retiring theraselves, as the custom is, and THE SOMERVILLS. 459 being then with the king att StirUng, with whora he returned to Edinburgh, and was present att the parliament conveened the twentieth and se cond day of May, 1584, wherin his majesties au thoritie over all persones in all causes whatsoever was confirmed, with severall other acts in favoures both of the king's majestie and his counsellors, which are mentioned at lenth by Bishope Spots- wood. The parliament being brocken up, the Lord Somervill coraes to the DrUra, accorapany- ed with his father or his brother-in-law, (for I reluming within a short space pronounced him guilty, where upon sentence was given that he should be taken to the mar ket-cross, have his head cut off and be dismembered as a trait or. The last part thereof was dispensed, and he in the even ing beheaded. His servants were perraitted to take the head with the body and bury it. This was the end of that noble man, who in his life was much honoured and employed in the chief offices of court : a man wise, but said to have been too curious, and to have consulted with wizzards touching the state of things in future times ; yet he was not charged with this; nor seemed he to be touched therewith in his death, which to the judgement of the beholders was very peaceable and quiet. He was heard to make that comraon regret which many great raen have done in such cases. That if he had ser ved God as faithfully as he had done the king, he had not come to that end, but otherwise died patiently, with a con tempt of the world, and assurance of mercy at the hands of God." — Spottiswood's History qfthe Church qf Scotland, London, 1677, foi. p. 332. 460 MEMORIE OF am not certane which of the two he was to him,) Alexander' Lord Seatone, and John Millne, the kings master meassone.'' Haveing pitched upon the place for situatione, they agree with hira for building a house, the lenth, breadth, and hight, being condescended upon. The wholl contry veance, with the price, was, by the Lord Soraer viU and Master Millne, reraitted to tbe Lord Sea toune, he being one of the greatest buUders in that age ; ^ and at that very tyrae had the king's master of worke at Seatoune, building that large quarter ofhis palace toMJ^ards the north-east. The * Robert Lord Seton. See a preceding note. This family of Milne were for six generations master ma sons, or architects, to the kings of Scotland. This reraarkable circumstance is recorded upon the tomb of John Milne, the great grandson of the person mentioned in the text. The mo nument is still extant in the Grey Friars church-yard, Edin burgh, and has these lines towards the bottom, besides another inscription in prose and verse : " Reader, John Milne, who maketh the fourth John, And by descent from father unto son. Sixth master-mason to a royal race. Of seven successive kings, sleeps in this place. This John Milne died in 1667. In the Abbey burial-ground at Holyrood-House, is buried Robert Milne, the father, I presume, of this John, A. D. 1633. 3 Robert Milne built the old college of Edinburgh, and se veral other public buildings, in the reign of James VI. THE SOMERVILLS. 461 place of Drura was begune in June, 1584, and finished in October, 1585, in the sarae forme it is in at present, but one story laigher ; it being some years thereftir by ane casuall fyre brunt doune, Hugh SomerviU, youngest sone, but then second sone by the death of his brethren, to this Lord Hugh, rebuilt the sarae, and raised it one storie higher. The roumes are few, but fair and large ; the entrie and stair-caice extremely ill placed, neither is the outward forrae modish, be ing built all in lenth in forme of a church. It was finished the second tyme, being againe brunt by accident in anno 1629 ; and soe remaines un till this day in the possessione of the first build er's posteritie. This nobleman, in imitatione of his father-in- law, repaired much of Cowthally house, and made it some what more light, most of the rouraes before this being very darke. He like wayes took offthe roof from the long gallery, and raised it in hight equall to the two towers wher unto the same gallerj' joyned, and sclait it all with sclaites. This worke he finished in the year 1586. The building ofthe house of Drum, and the repairing of the castle of Cowthally, occa sioned this lord to contract more debt then what formerly he had putt himself into, by his pleaing 462 MEMORIE OF with the house of Cambusnethen. Therefore^ in the year 1587, he borrowes from one Gilberts, a goldsmith and jeweUer to the queen^ ane thou sand punds Scots, and wodsett to him the lands of Gutters under rederaptione. In May, the same year, eftir this wodset is begun, an actione which tended to his oune, his ladyes and chUd- ren's disgrace, and was the foirrunner and prog- nostick of the dissentione that would follow in his familie, to the certane ruine therof, as eftir ward fell out, what might be the occasione of that unhappy difference betwext him and his lady, eftir twentieth years cohabitatione, could never certanely be knowne ; for he himself ne ver made it appear by any judiciall procedoure or publict act against his lady, farther then by a wiUfuU desertione, conderaned by his neerest relationes, and all the world, his sones only ex cepted, who, as is judged, was not soe cordiall to reraove the mistakes that was betwext ther pa rents, as in nature and conscience they ought to have done ; but, upon the contrary, did too much countenance ther father in this imprudent act against ther mother, because ther fortunes de pended wholly upon his pleasure, which God in his justice at lenth aUmost, if not aUtogither, blasted by the sad calamitie in that familie, THB SOMERVILLS. 463 which happened efter this unhappy difference fell out. Farther then meer conjecture, by the relatione of these that wer liveing within these few years, (for in writt there is nothing to be found,) could I ever learne what was the true cause of that unhappy separatione, but a simple storie not worth the relateing. However, his lady, dame Hellenor Seatoune, persewes her lord for adherance before the commissioners of Edinburgh ; and upon that depending actione raised ane other before the lords of counsell and session, for an aUment conforme to her contract of marriage, which at lenth she obtaines ; and the lords by ther decreit ordaines her fourtie shilling each day, untUl the decisione of the ac tione of adherance, or the cohabitatione, from the seventh day of September, ] 587, and in all tyrae comeing.' This decreet was extracted the ' The following traces of this action of aliment appear upon the record of the consistorial court : — " 23d Feb. 1587^ Anent the supplication given in be Deame Helenor Seytoun, agains Hew Lord Somervell, bearand that the sd deame Hele nor is repudiat be the sd lord, hir spous, furth of his cumpanie, and yr foir hes intentit actionis of adherence befoir the said coraras. ; and it is of weritie, that at na tyrae sen her expul sion, scho hes had ony expcnsis to sustene hir self upoun for hir intertenment conforme to her qualitie and estait, and for sustening of hir expenss and chairgis in the said pursute, con- 464 MEMORIE OF twelth of August, 1588, and in Septeraber ther eftir, she serves ane inhibitione upon her hus band, arreisted aU his rentes in the tennents hands, and did all other legaU diUigence to se cure herself in law, and compeU her lord to pay that modificatione allowed to her by the sen tence of the counsell. Thus God, in his secret judgement, haveing a contraversie with the fa mUie of Cowthally, as mynding shortly to de- pryve it of all its honoures and greatnesse, suf fered this breach betwext the husband and the wife ; and as the thing itself was hateful!, soe could it not but draw raany inconveniences up- forme to the sd lord's rentall gevin in be hir in the said caus, subscryvit be his umql. father and frends, as at mair lenth is contenit in the sd supplication ; qlk being sene and considde- rit be the sd comms., they haif ordanit the sd Hew Lord So mervell to content and pay to the said dearae Helenor, the sowme of ane hundreth punds money, modifiet be them per modum pensionis, for her expenss and chairgis in the sd caus of adherence persewit be the sd dearae Helenor agains the sd Lord Hew hir spous," " llth June, 1588. The coraras. decernis and ordanis Hew Lord Soraervell to content and pay to dearae Helenor Sey toun Lady Somervell, the sowrae of ane hundreth pounds mo ney, modefiet be thera per modum pensionis, as for hir ex penss in the action and cause of adherence persewit be the said lady against the sd lord." — From the Record qf the Com missary Court qf Edinburgh. THE SOMERVILLS. 465 on hira, as to the governeraent of his house, the breeding of his children, the indignatione of his ladyes freinds, who were persones of great ho nour and of erainent ranke araongst the first of the nobilitie, besides the great expences of plea, which could not but increase his burding ex ceedingly to what he had contracted by that te dious actione with the house of Carabusnethen, in redeeming the lands of Louthian frora them ; the consideratione of all which, with the scan- dell that refiected most upon himself and child ren, should have detained hira frora any such practice. But what should I say, when God has a raynde to hurable any faraiUe and lay ther glory in the dust, he hes many wayes to doe it by contemptable instruments in humane appear ance. A matter of mere moonshine, as is re ported, had occasioned all this difference be twext the Lord Somervill and his lady. The popish lords, wherof the Earles of Hunt- 1589. ley, Crawfuird, and Errol, being the principaU, haveing raade an insurrectione in the north, these three takeing armes, assembled ther forces in the beginning of Apryle, and came to Aber deen, where they emitted a proclaraatione, inti- raating the king was held captive, and forced 2g 466 MEMORIE OF against his incUnatione to use his nobles rigor ously, therefore they requyred aU good subjects to concurre with thera to sett his persone att U- bertie. Thus rebeUione wiU not want specious pretextes, civiU or religious, to cover ther black est designes. Upon tbe king's approach this bu siness was soon over, Huntley and Craufuird de clyned to fight for fear the king might be in dan ger, therefore they dispersed ther forces, and submitted to the king's mercy, which his majes ty accepted, without granting any other condi tiones but that they should present themselves to justice, which accordingly they did, upon the twentieth and fourth of May, 1589, and wer found all guiltie of the severall indytements, Hugh Lord SoraerviU being one of assyze.' Not withstanding of this iraprisoneraent, they were all restored to the king's favour. This year, 1589, in the moneth of JuUy, ther faUes out a sad accident, as a further warneing that God was displeased with the famiUe. The ' " Of noblemen and others charged to pass upon their as size, there were present the Lord Harailton, the Earls of An gus, Morton, Athol, Marre, and Marshall, the Lords Seatoun, Soraervil, Dingwell, and Cathcart, the Lairds of Pittarrow, Closburn, Lagg, and the constable of Dundy." — Spottis- wooD, p. 376. THE SOMERVILLS. 467 Lord SomervUl haveing come from Cowthally earlie in the morning, in regaird the weather was hott, he had ridden hard to be at the Drum be ten a clock, which haveing done, he laid him doune to rest. The servant, with his two sones, WUliam Master of SomerviU, and John his bro ther, went with the horses to ane shott of land, called the Prety Shott, directly opposite to the front of the house, where ther was some meadow ground for grassing the horses, and willowes to shaddow theraselves from the heat. They had not long continued in this place, when the Mas ter of SomervUl, eftir some litle rest, awakeing from his sleep, and finding his pistoUes that lay hard by him wett with the dew, he began to rub and dry them, when unhappily one of them went off the ratch,' being lying upon his knee, and the rauzell turned syde-wayes, the ball strocke his brother John directly in the head, and killed hira outright, soe that his sorrowful brother ne ver had one word frora him, albeit he begged it with many teares. A laraentable caice, and rauch to be pittied, two brave young gentleraen soe nearly related, and dearly loveing one another. Ratch, i, e. Lock. 468 MEMORIE OF Avho besydes ther being brethren by birth, wer intirely soe in affectione, coramunicating all ther affaires and designes one to the other, wherin they wer never knoune to differ in the least. Soe soon as they wer raen, and came to under stand themselves, they constantly attended ther father and advysed him in raany things. In this journey they wer very hopefuU to reconceall ther parents, and bring thera to cohabite togi ther, ther father being raost indulgent and much counselled by thera, though he was by nature of a hastie dispositione, and very passionat ; but it appeares that it was not the will of heaven ; for this unlucky accident marred ther good inten- tiones. Ther father hearing the shott, leapt frora his (being then in the chamber of dice,^) to the south light, and seing his sone and servants all in a cluster, ^called aloud to know the matter, but receaveing no answear, he suspected some mischeiff, and thereupon flew hastily doune the stair, and went directly towards the place where they wer, which the gentleraen observeing, they advysed the Master to take him to his horse, un- ' That is, the state chamber, so called from the di'us, or state canopy, displayed in it. THE SOMERVILLS. 469 till his father's pasSione and furie should be over, which, at lenth, upon their earnest intreaty, he did, takeing his direct way for Seatoune, where his lady mother then lived by Smeitoune foord. The father being corae upon the place, first beares the lamentatione of the servants, and then sees the sad spectacle of his sone all bloody and breathlesse, with his head laid upon a cloack ; wheron he faUes hiraself, and cryes aloud, " My sone, my sone, dead or alyve ? dead or alyve ?" imbracing him aU the tyme, which he continued for sorae space, and thereby giveing opportunity for his eldest sone to escape. Att lenth finding noe motione in his dear sone, all in a furie he aryses, and cryes aloud, " Where is that murder er ? who hes done the deed ?" stalling wyldelie about, missing the Master, he cryes out, " Oh, heavens, and is it he ? must I be bereft of two sones in one day ? Yes, it must be soe, and he shaU have noe other judge nor executioner but myself and these hands." And with that imrae- diatly raountes his horse, coramanding two of his servants to attend him, makeing protestatione in the mean tyme, that they should both goe to the grave togither ; but God was more mercifull, for by this tyme the Master was passed Smeitoune foord, and before his father came that lenth he 470 MEMORIE OF was at Fallsyde House, out of aU danger, being within two mylles of Seatoune. His father come ing to the watter-syde, and hearing his sone had passed by the road he had taken, he understood his sone intended for Seatoune palace,' where he was sure to be before it was possible to overtake him : finding, therefore, his forther pursuit fruit- lesse, comeing now a litle to himself, he begane much to condemne this unwarrantable atterapt ofhis, upon second, thoughts. Before he carae back, the sad object of his sorrow was reraoved to the place of Drura, and the corps desently handled by the ladyes of Edraonstoune, WooU- mett, and Shireff-haU, neer neighboures;* for ' Situated in East-Lothian, near the sea coast. * There is a very striking scene in Webster's fine old play of Villeria Corombona, in which is described the mourning of relations over the corpse of one, who, like this unfortunate young gentleman, had fallen by the hand of his brother. " Enter Francisco de Medicis. How now ? thou art sad. Francisco de Medicis. I met even now with the most piteous sight. Flamineo, Thou meet'st another here, a pitiful degraded courtier. Francisco de Medicis. Your reverend mother Is grown a very old woraan in two hours. I found them winding of Marcello's corse; And there is such a solemn melody, THE SOMERVILLS. 47 1 in lesse then ane houre the report went all over the countrey. Yea, before the king rose frora dinner he had notice of it, being then in HoUy- rude House, with the circumstance of the fa ther's foUowing the other sone with intentione to kill him ; for which the king, within three dayes thereftir (the Lord SomervUl comeing to waitt upon his raajestie) reproved hira by saying he was a raad-man ; that haveing lost one sone by soe sudden ane accident, should needs will- 'Tween doleful songs, tears, and sad elegies ; Such as old grandames, watching by the dead. Were wont to outweare the nights with ; that believe me, They were so o'ercharged with water— Flamineo. I will see them. Brachiano. 'Twere much uncharity in you : for your sight Will add unto their tears. Flamineo. I will see them. They are behind the traverse. I'll discover Their superstitious howling. Cornelia, the Moor, and three other Ladies discovered winding Marcello's corse. A Song. Cornelia. This rosemary is wither'd, pray get fresh ; I would have these herbs grow up in his grave, When I am dead and rotten. Reach the bays, I'll tie a garland here about his head : 'Twill keep my boy from lightning. This sheet I have kept this twenty years, and every day Hallowed it with my prayers ; I did not think He would have wore it." — The White Devil, act V. 472 MEMORIE OF fully destroy another Jiiraself, in whom, as he was certanely informed, ther was nether malice nor designe, but a great raisfortune, occasioned by unwarry handleing ofthe pistoU, which should rather have been a raatter of regrate and sorrow to hira, that the lyke had happened in his fairai- lie, then that he should have sought eftir re venge. Thairefore he coramanded him to send for his eldest sone, and be reconeealled with him, for he knew he was a sober youth, and the very thoughts of his misfortune would afiUct him enough, albeit he wer not discountenanced by hira. Upon this christian advyce that his raajestie was pleased to give, sorae few dayes thereftir the Master was written for, and admitted to waitt upon his father as formerly, and orders taken judicially to clear him of that slaughter by ane jurie, before whom and justiciares criminaU, all the gentieraen and servants that attended upon the Lord Soraervill wer sworne, who positively declared upon ther great oath, that neither before nor at the tirae the slaughter fell out they knew any difference betwext the two brethren, but upon the contrary, the greatest love iraaginable, and soe intire friendship that what the one did in ther oune or ther father's affaires, was stUl THE SOMERVILLS. 473 approved off by the other ; and further, they made knoune to the judges and assyzers the wholl manner and circumstances of that sorrow- full bussinesse. Upon all which the Master was assoilzied, the kiUing of his brother John being found homicidium casuale, as the lawyers terme it, which is when one is kiUed casually, without either the fault or designe ofthe killer.' The affair being over, the Master goes west 1590. with much sorrow^ both in heart and lookes, for bearing to raedle in any bussinesse ; and now as forraerly, by his affable and obleidgeing carriage he had procured the epithete of the good Master of SoraervUl, soe from hencefnrth he might have been called the Sad and SorrowfuU Brother ; for it was observed from the very raoraent of that unhappy accident untiU his death, which fell out about three years thereftir, he never enjoyed a corafortable hour, but was still sad and raelan- choUy. The father returneing home and ob^ serving his sone's carriage, was much greived therwith ; he used all meanes, both by his ad- • There was a remission granted to this unfortunate gentle man under the great seal, dated in 1587,. though, ifhe was cleared by the verdict of an assize, it seeras to have been un necessary. 474 MEMORIE OF vyce and fatheriy induUgence, to divert him from the remeraberance of what was passed, and could not be remeeded. And for his forther encourageraent, then proraised that he would shortly setie his estate upon hira, and provyde hira ane honourable marriage, the which as to the first he did ; but his sone's death prevented the accoraplishraent of the second. However, in prosecutione of tbese affaires, the Lord Soraer vill, with the Master, comes to Edinburgh in the moneth of January, 1590, and enters in a con tract with his sone WiUiam, Master of SoraerviU, dated att Edinburgh, the second day of Febru ary, 1590, wherin Hugh Lord Soraervill faith fully binds and obleidges hiraself to infeft and sease the said Master of Somervill, and his heirs male lawfully begotten in aU his lordship and barronies of Carnwath^ Lintoune, Englishberry, Grainge, and all others his lands writh the perti nents, with full power of redeemeing all wood- setts within the said lOrdship. This contract was subscryved both by the father and sone, day and place before named, and was registrat the four teinth day of January, the year foUowing, 1591. It was this contract which eftirward brought Gilbert, then Master of SomervUl, to the estate, much contrary to his father's incUnatione and THE SOMERVILLS. 475 designe, who even at that tyme had noe favour for him, as foirseeing by the bad qualitie he ob served in this young gentleman, Gilbert, that he would prove the disgrace of his faraiUe, and the ruiner of his house. The king's majestie, with his royall consert the queen, eftir ther marriage and some stay in Denmarke, returnes home, arryveing att Leith the twentieth of May, 1590, where, to congratu late his safo and happy arryveall, ther was a great concourse of all rankes and qualities of people, unto whora the king was very gracious ; and, upon his comeing from church, gave thankes to the nobleraen and counsell for the care they had taken in adrainistratione of affaires and men taineing the countrey in quyetnesse. In August thereftir, the same year, upon the fourth day, the Generall Assemblie conveines, wherunto the Lord Somervill is cited for holding a market att Carnwath upon the Sabbath. He corapeares, and alleadges ane ancient custorae and priviledge, grajpted to him and his predecessores by the kings of Scotland, and confirmed by James the Fourth and Fyfth. Notwithstanding whereof, being threatened with the censure of the church, he condescended that noe market should be holden there ariy more on the Sabbath. Whether 476 MEMORIE OF this was ane weekly market, or one of the two faires that is yearUe, I am not certane, but I in clyne to beleive it was a weekly one that was aboUshed ; and if soe, it had continued ever since the lands was erected in ane barronie, neer three hundred years. 3^1. Lord Hugh now growing old, and his affaires in great disorder, by reasone of the difference betwixt him and his lady, he was therefore ear nest to have his sone marryed and setied before his death. In order to this he pressed the Mas ter much to search eftir a match both suiteable to his qualitie and honour, and one by whom they might have interest and money to pay off sorae burdings the estate was lying under, and redeem these lands he had wodsett. In obedi ence to his father's desyre more nor his oune in clinatione, the Master goes, weill attended, in the moneth of Noveraber, in suife of the laird of Druralandricke's ' daughter, (a rich and erainent ' The representative ofthe house of Druralanrick, ancestors of the ducal fartiily of Queensberry, was Sir Jaraes Douglas, who succeeded to his father in 1578, and died in 1615. He had two daughters, Janet, afterwards married to Williara Li vingston of Toweswood, and Helen to John Menzies of Castle- hill. It does not appear which of these ladies was the object of the Master of Somerville's suit. THE SOMERVILLS. 477 barrone in the south, of great comraand,) where himself and his followers was weill intertained, and the motione kyndelie receaved both by the young lady and her parents, who then promised shortiy to be att Edinburgh, and bring the daugh ter with them, where that affair should be more fully treated by freinds of both sydes, they hoped to the contentment of all parties. This answear satisfying for the tyme, the Master of Somervill haveing reraained with his raistres sorae few dayes att Druralendricke, he takes leave, and re turnes to CowthaUy, and gives his father ane accorapt of his negotiatione, and what hope ther was his proposealles would take effect, because, for any thing he could observe, they wer thank fully accepted by the parents and freinds of the young lady. His father was extreraely joyfull at this report, and promised ther should nothing be wanting upon his part to forther the match, but that in all things he would concurre, and grant what conditiones in reasone they should requyre. In the moneth of January, 1591, Druralendrick coraes to toune with his lady and daughter ; and shortly eftir thera arryves Hugh Lord Soraer vill, WilUam, Master of SomervUl, and Hugh, his youngest brother, a handsome youth, then about the eighteinth year of his age, who haveing putt 478 MEMORIE OF themselves in order, and gotten notice where Drumlendrick lodged, the Master went to renew his respects to his mistres, and pay her lady mo ther a visite. They wer civilly intertained by the mother, and modestly receaved by the daugh ter. From that tyme furth the Master continued his courting, intirely gaineing her affectione, as he did the favour of all her relationes without any difiiculty. And it was noe marvell, for this young nobleman was most accomplished both in body and mynde. I have heard it reported, that Sir James Bannatyne of Newhall, one of the senatores of the coUedge of justice, asserted ther was not a propperer youth trode the streets of Edinburgh, nor one of whom ther was greater expectatione then of William, Master of Somer vill ; but when God designes to ruine a familie, all supportes are removed, that the fall may be the more sudden, as happened in this young nobleman's caice, who efter he was contracted in the later end of February, and should have been marryed in Apryle, 1.591, that very moneth he took a feaver which keeped hira long, and soe wakened his body that he never recovered, but continued still under a languishing sicknesse for more nor ten monthes. It was supposed the thoughts of his oune great misfortune in kiUing 7 THE SOMERVILLS. 479 of his brother, the disagreement of his parents, the incumberances that was upon the estate, and the prospect he had of ane irapudent brother that was to succeed hira, which he could not now remedy in the conditione he was in, hasten ed his death, sorae ten raoneths eftir his sick nesse. He dyed att Cowthally in the raoneth of January, 1592, about the twentieth and seventh year of his age, and was buryed in the yle of Carnwath. He left a naturall sone, begotten upon a young woman in the toune of GUlmer toune named eftir hiraself, WiUiara, whose pos terity reraaines there untill this day. Thus lived and dyed WiUiara, the good Master of Soraer vill ; and with him perished all the hope and ex pectatione of the house of Cowthally. It was noe lesse truely then prophetically spocken in ane homely expressione by a devote gentleman, WUliam Ingles of East ScheUl, who was himself, as weill as all his predecessores, great lovers and followers of the Lord Sommervilles, imployed by them for the most pairt as ther baiUzie in the barronie of Carnwath, — this aged gentleraan, as the corps passed the outter gate of Cowthally, strocke upon his breast and cryed out to the hearing of raany, " This day the head is as clean taken off the house of Cowthally, as you would 4§0 MEMORIE OF strike off the head of a sybba ;" ' and indeed it proved soe, for from that day furth all things went crosse ; the familie was divyded against itseu. What the consequences therof would prove, the oracle of truth hes left it upon record ; for bere the husband was against the wife in the defen- cive, and the wife against the husband in persew- ing fbr ane aUment again. The father was against the sone, endeavouring to disinherit him ; and the sone against the father, mentaineing the rights now established in his persone by the death of his elder brother ; and if this had not been enough, and too much, yow might have seen two brothers contending for a half-ruined and sinking estate, both infeft therin by ther father's resignatione, with the reservatione of his oune liferent. A meer BabeU of confusione, the lyke hardly to be found in the memories of any familie in Scotland, as to all the circumstances that concurred to the undoeing of this ; soe that the preservatione of the sarae would have been somewhat of a miracle. But I proceed. 1592. Gilbert, now Master of Somervill, keepes fair with his father for some few weekes eftir his bro ther's death, and prevailled soe farre by the in- » Cibolle. A leek. THE SOMERVILLS. 481 tercessione of friends, that his father Lord Hugh, confirraes, by a new obligatione in his favours, the former contract made to his brother Wil ham, with this expresse conditione, that if the subraissione passed betwext him and his two sones should take noe effect, the sarae obliga tione should be of noe force, as to any purpose or intent whatsoever. This band of corrobora- tione is dated att Carnwath, the twentieth and second of March, 1592, and was that which the father, eftirward seeking to reduce, therby to es tabUsh the wholl estate of Cowthally in the per- sone of Hugh SomervUl of Drum, then his se cond sone, all his other sones being now dead ; and it was from this fountaine that flowed all the rancor and hatred that was betwext the two bre thren eftirwards ; for Gilbert, finding that he had losed his father by his many wild prankes and imprudent carriage, observeing withaU the course his father was takeing to secure all to bis brother Hugh, by makeing over to him the whoU right of proppertie by charter and seazing, notwith* standing of the two former contracts, wherupon as yet ther had been noe inhibitione served ; but only a base infeftment upon the fathers resigna tione in favoures of WiUiam Master of SomervUl 5 2H 482 MEMORIE OF and it was upon this consideratione that both Lord Hugh and his second sone thought to have debarred Gilbert from the estate of Somervill ; but it would not doe ; for Gilbert now seeing ther was no way for him to through his businesse but by marrying with some powerful! famiUe that would mentaine him in his right, he resolves to do soe ; and knowing that he had all the narae of SoraervUl his eneraies but the companiones ofhis extravagancies, he judged it fitt to devyde thera, and secure his interest with the narae soe farre as was possible. In order to this designe, he goes in suite of Margaret Soraervill, eldest daughter to James Soraervill, the fourth Laird of Carabusnethen, nicknamed the Laird with the Velvet Eye, upon whora he was raarryed in the moneth of Apryle, 1592, ther being litle or no trysting in the businesse, that famiUe knowing very weiU that, besydes the contracts formerly spocken off, the right of successione was in bis persone. The consummeating of this marriage hightened his father's displeasure exceedingly, because of the constant and continued animosi ties that was betwext the house of Cowthally and that of Cambusnethen, in regaird of these lands they possessed in the barronie of Carnwath, and that of Louthian lately recovered from them. THE SOMERVILXS. 4 S3 However, Gilbert gained that he mainly intend ed, and devyded the name of SomerviU; for now one might see the one half banding against the other, and syding as ther affectiones and in terest led thera. The SoraerviUes of Cambusne then being of late strongly allyed to the HamU tones, by ther meanes Gilbert was not only sup ported in his law suites, but otherwayes in many forcible arguments. Yet, at that tymCj albeit even then King Jaraes the Sexth and his couii- sell was takeing all the wayes iraaginable to abo lish that barbarous custorae Which shortly eftir took effect in the Lowlands, by the free execu tione of the lawes, without hazard of inforce- raents or bloody slaughters, too frequently cora mitted betwext disagreeing families, or such as wer devyded amongst themselves, as here that of CowthaUy and Carabusnethen wer ; who, eftir many mischiefes, outrages, and slaughters upon both sydes coramitted, notwithstanding of all the legall restrictiones and hazard of punishment they might incurre by breaking of the peace, wherunto all of them were strictly tyed by the ordinary law borrowes, the counsells, orders, and his majesties expresse command, yet did they not forbear ther quarreUings untill both parties was allmost ruined, and then they hearkened to 484 MEMORIE OF a subraissione, whieh appeares to be ofthe sarae date with the contract of corroboration, granted in favoures of Gilbert, Master of SomervUl, or else there is ane raistake in the transurapt that I have seen ; for the subraissione beares date att Carnwath, the twentieth and second of March, 1592, and the contract was of the sarae date. The subraissione was ane year thereftir, accept ed by the gentleraens subscryveing att Carnwath, the twentieth and sexth of March, 1593; the de creit arbitrall upon this subraissione being pro- nunced att Edinburgh, the nyneteinth day of Apryle, 1593, and registrat the fourteinth day of June the same year. And now, because this subraissione, and the decreit pronunced ther upon, nott only widned the difference amongst the parties, but had contrary effects as to the main designe for which it was intended, there fore I conceave it not amisse to insert both in this relatione, for the satisfaction of sorae gen tlemen of the narae, in whose hands these nar- rationes may corae, that cannot have a sight of the principaU ; the tenor of both foUowes con forme to the registrat extract. 1593. Att Edinburgh, the nyneteinth day of Apryle, the year of God 15 93, Wee, Alexander Somer viU of Plain, and James SomerviU of Humbie, THE SOMERVILLS. 485 elder, James SomerviU, younger of Humbie, and WilUam Somervill in Blackpool, judges, arbitra tors, and amicable composers, equaUy and com monly choysen by the honourable persons fol lowing, viz. Ane noble and potent lord, Hugh Lord SomerviU, on the ane part, and Gilbert Master of SomerviU, brother and heir of umqu hile WiUiam Master of SomerviU, with advyce and consent of Master Alexander Seatoune, Lord Urquhard, one ofthe senatores ofthe coUedge of justice, Sh John Seatoune, of Barnes, knight. Sir John Carmichael of that ilk, knight, Sir James Lindsay of Pittardie, knight, and James Somer vil], brother germane to the said Hugh Lord SomerviU, on the second part, and Hugh Somer viU, brother germane to the said Gilbert Master of SomerviU, with advyce and consent ofthe said Hugh Lord Somervill his father, Robert Lord Seatoune, John Lord Thirlestaine, chanceller of this realrae, and John Cockburne of Clerking- toune, to whom the said Hugh was interdyted, on the third part ; submitting themselves to us ther said judges, by vertue of ane subraissione, upon the back of ane blanke, anent certane ac tiones debeatable amongst the saids parties, touching the right and titie acclaraed be the said Hugh SomerviU tp the lands and liveing of Cow» 486 MEMORIE OF thaUy, and what compositione and satisfactione should be given to the said Hugh SomerviU for his renunceing and overgiveing in favoures of the said Gilbert Master of SomerviU, and his heirs male, of all right, title, interest, clame of right, actione, and instance qlk the said Hugh hes or otherwayes may have or clame, either be infeftment or otherwayes, to the lands, lordship, and barronies of Carnwath, Lintoune, Inglish- berry Grainge, the Eyslat, the ten pund land in Stonefranck, tackes of lands, donationes of kirkes and benefices, with certane other actione specified in the said subraissione, referred be the saids parties to us the saids judges to decyde and decerne therintiU, and that for the weill standing of the house and liveing of Cowthally to the pos teritie to come, excepting and reserveing the lands of Louthian, with the reversiones of the samen to the said Hugh Lord SomerviU; and wee the saids judges being often conveened, by vertue of the said subraissione, and our accepta- tione therof, and foirseeing the weUl and stand ing of the said house and liveing of Cowthally to the posterities to corae ; and eftir good delibe ratione and advyseraent taken be us theranent, and the rights, reasones, and alleadgeances of all the said parties, and claraes given in be them to THE SOMERVILLS. 487 us therupon being heard, seen, and considered be us, and wee at lenth therewith rightly advy sed ; haveing God and a good conscience before our eyes, and for intertaineing of araity araongst the saids parties, being soe tender of blood, in all tyme comeing ; wee aU, in one voyce, with out varyance, with advyce and consent of aU the saids parties, decernes and ordaines as foUowes ; in the first wee decerne and ordaine the said Gil bert Master of SomerviU to infeft, with advyce and consent of the said Hugh Lord Somervill his father, the said Hugh SomervUl his brother above-naraed in life-rent, for all the dayes of his life-tyrae, in all and haill ane anwelhent of fyve hundereth markes usuall money of this realme, to be taken up yearly, at two terraes in the year, Whitsunday and Mertines, in winter, be equall portiones, furth of all and haill the lands of Lara- pels, the lands Woolfuirds, and the lands of Greenaltoune, and every part of the saids lands, with partes and pendicles thereof, lying within the barronie of Carnwath and shirrefdorae of La nerk ; to be holden of the said Gilbert Master of SoraerviU, and his heirs male in f;-ee blench, for the payment of ane penpy at Whitsunday, upon the ground ofthe lands, gif it be asked ah lennerly, with sufficient warrandice to be con- 488 MEMORIE OF tained therin as effeires, dureing the said Hugh Somervill his life tyme allennerly ; and further, wee decerne and ordaine the said Gilbert Mas ter of SomervUl, his heirs and assignayes, to con tent and pay to the heirs male, laufuUy to be procreat of the said Hugh SomervUl, eftir his decease, and the decease of the said Hugh Lord SomerviU his father, the soume of two thousand merkes Scots money, and that in full satisfac tione and contentatione of all and haill the right, title, and interest, the said Hugh Somervill may aske, clame, or crave, either be infeftments, tackes, contractes, or otherwayes, in and to the saids lands, and lordship, and barronies of Carn wath, Lintoune, Inglishberry Grange, Eyslat, the ten pund land in Strafrouk, tackes of teynds, assignationes of reversiones, advocationes and donationes of kirkes and benefices ofthe samen ; for the quhilkes causes and compositione for said, wee decerne and ordaine the said Hugh Somervill to renunce and overgive in favoures of the said Gilbert Master of Soraervill, and his heirs male, all right, title, interest, clame of right, and instance, quhilkes the said Hugh SomerviU hes or any wayes may clame or have be infeft ments, contracts, or otherwayes, in and to the saids lands, lordships, barronies, tackes of teyndes, THE SOMERVILLS. 489 donationes of kirkes, and benefices above writ ten, or any part therof, and to make sicke secu rities to the said Gilbert Master of Somervill, and his heirs male, of the samen, as law will appoynt, and as can be devysed be the advyce and judge ment of men of law ; allwayes but hurt and pre judice of the said Hugh Lord SoraerviU his Ufe- rent right therof, specially reserved in the said subraissione ; and likewayes wee decerne and ordaine the saids Hugh Lord SomervUl, and Gil bert Master of SoraerviU, for intertaineing of unity betwext them, and standing of the house and liveing of Cowthally, to observe, keep, and fuUfill to others, but process of law, the contract made betwext the Said Lord Somervill and um- quhUe WilUam Master of SoraerviU, now trans ferred in the persone of the said Gilbert Master of Soraervill, quilk contract is of the date att Edinburgh, the second day of February, 1590, acted and registrat in the bookes of counsell, and decerned to have the strenth of ane decreit of the lords therof, upon the fourteinth day of Ja nuary, the year of God 1591 ; and another con tract made betwext the said Hugh Lord Somer vUl on the ane part, and the said GUbert Master of SomerviU on the other part, of the date att 490 MEMORIE OF Carnwath, the twentieth and second day of March, anno 1592, in aU and sundry poyntes, clauses, and conditiones thereof, contained in the saids two contracts, except in soe farre as the second contract derogates the first ; and in speciall, wee decerne and ordaine the said Hugh Lord Soraervill to infeft the said Gilbert Master of Somervill, and his heirs male, in aU and haill his auld heretage of the lordship of Somervill ef tir specified, viz. In all and haill the lands, lordr ship, and barronie of Carnwath, lying within the shirrefdome of Lanerk, and in all and haill the lands and barronie of Lintoune, lying within the shirrefdome of Roxburgh, with castles, toures, fortalices, orchyairds, yairds, rayUnes, annexes, connexes, parts, pendicles, outsettes, tennentes, and tennandries, service of free tennentes, advo cationes, donationes, and right of patronage of kirkes and chaplanries of the samen, and aU ther pertinents, to be holden off our soveraigne lord and his successores, in fie and heretage, sicklyke and as freely, and in the same manner as the said lord and his predecessores, haves and holdes the samen of before ; and sicklyke in all and haill the eight pund land of auld extent of Ing- hshberry and Grange, quilke the said Lord So- THE SOMERVILLS. 491 merviU hes in few and heretage, holden of the commendator of Dryburgh and his successores, lying within the said shirrefdome of Lanerk ; and in four oxengate of land of Libbertoune, holden of the parsone of Libbertoune and his successores, to be holden of the immediat supe rior therof as freelie and in the same manner as the said Lord Somervill haves and holdes the samen of before, be resignatione or confirmatione or otherwayes, in the best and most sure maner can be devysed upon be the said Gilbert, Master of SomerviU, his expences, bearing reservatione ofthe said Lord SoraerviUe's liferent ofthe sarae, in lands, lordship, barronies and others forsaid s, and that betwext the date heirof, and the twen tieth and fourth day of January next to corae, in this instant year of God 1593, conforrae to the tenor of, and obligatione made be, the said Lord Somervill to the said Gilbert, Master of Somer viU, ofthe date att Carnweth, the twentieth and second day of March, 1593 years, to that effect j and sicklyke, wee decerne and ordaine the said Hugh Lord Somervill to make and constitut the §aid Gilbert, Master of SomervUl, and his heirs male, his cessioners and assignayes, in and to whatsomever reversiones, bands and promises of reversiones raade and granted to the said Hugh 492 MEMORIE OF Lord SoraerviU, or his predecessores, for rederap tione of whatsomever of any ofthe forsaids lands, mUlnes, and others above written, or any part thereof or anwellrents furth ofthe samen, in sick sure manner as the said Master of Somervill shall devyse, and that betwext and the said twen tieth and fourth of June next to come as said is ; and decernes the said Lord SomerviU to delyver the authentick coppies of the saids reversiones to the said Gilbert, Master of Somervill, and to make the same principaU reversiones furthcome- ing to hira and his heirs male, at what tyme they please cause lawfull rederaptione, be vertue ther of, but any excuse or delay ; and further forsua- meickle as be the said subraissione it is referred to us the said judges to take good order anent the releiff of the anwellrents aughtand and al lotted furth of the saids lands and others above written, as weill of years bygaine unpayed, as in tyme coraing dureing the not rederaptione therof; wee, aftir good deliberatione, bad ther intiU, with consent of all the saids parties, sub mitters, decernes, and ordains the saids Lord and Master of Soraervill to suffer the profites, cora modities, and casualities of the teyndes and kirkes of Carnwath, Libbertoune, and Quath quan, as weiU personage as viccarage of the THE SOMERVILLS. 493 samen kirkes, swa farre as pertaines therof to the said Hugh Lord SomerviU yearly, to be up lifted and intrometted with be Robert Denhame of West ScheUles, WilUara Soraervill of Glad stanes, and WUliara Soraervill in the PooU, con junctiy, of ther oune free wiU, be themselves, ther servants, substituts, and others in ther names, whom for they shall answear, sell, and dispone therupon yearly to the outter availl ; and therewith to releave and pay yearly the said anweUrents, furth of the saids lands and others forsaids to them haveand right therto, as shall be given to them in inventar ; and the saids per sones introraitters forsaids to be coraptable year ly to the said Hugh Lord Soraervill, and Gilbert Master of Soraervill, therfore ; and in caice ther remaine any mair in ther hands nor satisfies the saids anwellrents, wee decerne the superplus therof to be taken and delyvered for payraent of the by rune anweUrents, aughtand furth of the saids lands, and that yearly, ay and whill the said haill bygaine anwellrents be satisfyed and payed ; and eftir the satisfactione therof, the superplus yearly to be payed to the said Lord SoraerviU ; and in caice the forsaid kirkes and teyndes, swa farre therof as pertaines to the said lord, wiU not satisfie the yearly anwellrents and 494 MEMORIE OF byrunes therof, we decerne and ordaine the said Lord SoraerviU, off the readyest of his hveing to suffer the forsaids persones to introraett with as meikle therof as wiU fuUfiU and compleatly pay the samen anwellrents ; and for better perforrae ing of the premisses, we decerne and ordaine the said lord to make his tackes and other rights and securities that he hes to the saids kirkes and teynds furthcomeing to the forsaids persones, to the effect that they may raise inhibitiones ther- upouj and better to lett the forsaids teynds and duties of the samen kirkes, baith personage and viccarage therof, for perforraeing of the pre mises ; and this our decreit arbitrall to all and sundry whora it effeires, wee make knoune be thir presents, and for the mair securitie, wee decerne the samen decreit and subraissione to be registrat in the bookes of counsell, and have the strenth of ane decreit of the lords interponed therto; and that horning be direct upon ane siraple charge of sex dayes allennerly ; and for the registrating therof constitutes our undoubt ed procuratores. Subscryved be us, day,- year, and place for said, before thir witnesses, Master Alexander King, advocat, John Dicksone, his servant, and Jaraes Borthuick, wrytter ; sic subscribitur. ink SOMERVILLS. 495 Hugh Lord Soraervill, Gilbert, Master of So- mervill, Hugh Somervill his brother, Alexander Somervill of Plaine, James Somervill of Humbiei, James Soraervill younger his sone, WiUiam So- mferviU in the PooU, with my hand at the pen, led be the nottar under written, Ita est Jacobus Borthwick, notarius publicus, in premissis requi- situs testantibus his raeis signo et subscriptione manualibiis, Alexander Seatoune Lord Urchard, Sir John Seatoune of Barnes, Sir John Carmi chaell of Garmiobaell, Sir James Lindsay, James SomervUl, Robert Lord Seatoune, John Lord Thirlestaine, John Cockburne of Clerkingtoune* The decreit arbitrall being conceaved in the termes above rehearsed, displeased exceedingly the Lord Soraervill and his sone Hugh, who de clared the same by protesting against ther pro cedure, takeing instruments, they had gone be yond what was submitted to them ; therefore they protested againe for reraedie in law. Much about this tyme, and dureing the continuance of thes unnaturall and unchristiane differences in the house of Cowthally, dyed James Somervill, third Barrone of Carabusnethen, nicknamed the Laird with the Plaides, a gentleraan much short ofhis father and grandfather for actione, either in civiU or militarie performances, however for- 496 MEMORIE OF tunate in the mannadgement of his privat for tune and estate, and the marriage ofhis children, especially his daughters of the second marriage, whom he bestowed honourably, the eldest being marryed upon Sir John Skeine of Currie-hill, clerk register, the second upon the Laird of Dunlap, the third upon the Laird of MiUtoune, of the sirname of Whytefoord, the fourth upon the Lord Blantyre Stewart. For the sones of this marriage they wer four, John, Goodman' of ' Good-man came about the seventeenth century to be ap plied only to farmers, every landed proprietor assuming the title of Laird, which, at an earlier period, was only applied to barons and great vassals of the crown, under the rank of no blemen. When I was born at Middleyard weight. There was no word of lord or knight : The greatest styles of honour then Was to be titled the good-man. But changing time hath changed the case. And puts a laird in th' goodman's place. For why ? my gossip good-man John, And honest James whom I think on, When we did meet whiles at the hawking. We used no cringes but hand shaking, No bowing, should'ring, gambo-scraping. No French whistling or Dutch gaping, We had no garments in our land But what were spun by th' goodwife's hand. The Speech ofa Fife Laird, apud Watson's Col* lection qf Scots Poems, Edin. 1706, /. 28. THE SOMERVILLS. 497 PetherhoU, Patrick designed of Green, WUliam, and Thomas the youngest, who in his traveUes turneing Roman catholicke, became a church man, and admitted to orders, was at lenth Car dinall of Padua in Italic. For this gentleman's chUdren ofthe first marriage they wer only three, James, who succeeded to the estate, and Robert, designed Hatton Robert, off whora we wiU have occasione to discourse more eftirward, in the memorie of GUbert Master of Somervill, to whora he becarae a grand tutor, as being his ladye's uncle. For the daughter of this marriage, she was marryed upon Nether Hellies, a fewar or rentaller of the Lord HaraUtones, the gentle man hiraself being of the sarae narae. Haveing given this account of the house of Carabusne then, I returne to that of Cowthalleys. END OF VOLUME I. Edinburgh : Printed by James Ballantyne & Co. DIRECTIONS FOR PLACING ENGRAVINGS, VOL. I. Frontispiece. The Right Honourable John Lord Somerville, Lord of the Bed-chamber to his Majesty King George III., Colonel of the West Somerset Regiment of Yeomen Cavalry, President of the Board of Agriculture, &c. &c. &c. Page 45. Rude sculpture over the porch or entrance of the Kirk of Linton, illustrative of the event which gave rise to the crest borne by the family of Somerville. Page 47. Linton Kirk, in the county of Roxburgh, being the parish church belonging to the original estate held by the Somerville family in Scotland. Page 63. View upon the Tweed, looking down the river towards the Carrowell and the Noirs, two celebrated salmon casts in the river Tweed, with the woods and farm-house of Langlee, be- a IV tween the towns of Galashiels and Melrose, the property of the Right Hon. Lord Somerville. The rock in the centre of the river in the fore-ground was the cause of a sad loss of lives : About 80 years ago, the ferry-boat, full of people going to Melrose fair, broke from its moorings, and was split to pieces on it. Twenty people were said to have been carried away by the current and drowned ; ten saved themselves by hanging to the mane of a horse : this powerful animal landed them all in safety. Page 176. Carnwath Chapel, in the county of Lanark. Page 361. The ruins ofthe Castle of Cowthally, anciently the baronial seat of the house of Somerville, in the shire of Lanark. Page 409. Ancient Monument in fhe old Chapel of Carnwath, being probably that of Hugh Lord Somerville and his lady, Dame Janet Maitland, who died in or about the year 1550. YALE UNIVERSITY LIBRARY 3 9002 01318 8934 mm W. .•*gt.i~ S^^ 7-:.^/^^^ «'^i^