■•■v ~*4-*< MaSBr S>fe *rx?V ^r •w f-\Tir ■■fc'-mi.^. fcSff'i THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES MONTROSE AND THE COVENANTERS, THEIR CHARACTERS AND CONDUCT, ILLUSTRATED FROM PRIVATE LETTERS AND OTHER ORIGINAL DOCUMENTS HITHERTO UNPUBLISHED, EMBRACING THE TIMES OF CHARLES THE FIRST, FROM THE RISE OF THE TROUBLES IN SCOTLAND, TO THE DEATH OF MONTROSE. BY MARK NAPIER, Esq. ADVOCATE. VOLUME FIRST. LONDON: JAMES DUNCAN, 37, PATERNOSTER. ROW. M.DCCC. XXXVIII. PRINTED BY JOHN STARK, EDINBURGH. DA 803 . 7 ftsNi v.. PREFACE. Some years ago, having occasion to examine the Napier charter-chest, I discovered materials there which suggested the idea of illustrating, more fully and ori- ginally than had hitherto been done, the lives of two of the greatest worthies, in their separate walks, whom Scotland has produced, viz. Napier and Montrose. Different as were the characters and pursuits of the Inventor of Logarithms, and the Hero of the Scottish Troubles, some of the illustrations contained in the " Memoirs of John Napier of Merchiston," and those now brought together to elucidate the comparative merits of " Montrose and the Covenanters," are not without an historical connexion. Napier, a great champion of the Protestant Church, attracted the eyes of Europe even more, in his own day, by his very learned and original Commentaries on the Apocalypse, than by his immortal discovery in mathematics. He was a most distinguished leader of that church party in Scotland who stood forth, sturdily and conscien- tiously, but without disloyal or anti-monarchical feel- ings, against the supposed papistical inclinations of James VI., and the desperate attempts of absolute Popery IV PREFACE. from abroad. Napier's eldest son, the first Lord Na- pier, a sincere disciple of his father's in those rigid Protestant doctrines, became the personal friend both of James VI. and Charles I., and, moreover, a second pa- rent to Montrose. But, in the progress of events, all that was honest and sincere of the anti-papistical party in Scotland was superseded by an insidious democratic clique, who, disguised for a time under the mantles of such enthusiasts as Knox and Napier, and pretending to identify Episcopacy with Popery, pressed onwards, through their various stages of duplicity and crime, until an ephemeral throne, born of their anarchy, was reared upon the prostrate necks of Religion and Li- berty, whose sacred names they had taken in vain. Hence it happened that the immediate representative of the great Napier, and his illustrious pupil Montrose, were covenanting at first, and, without the sacrifice of a principle, martyrs to their loyalty in the end. But, even in our own enlightened times, there is a disposition to confound the cause of truth with that career of democracy, and to claim for the fac- tious Covenanter of Argyle's Dictatorship, — as vicious a compound as ever agitated under a veil of sanctity, — the respect due to the stern virtues of some of our early reformers, and also that admiring sympathy which the violent and impolitic retaliation of the Government of the second James has rendered no less due to the wrapt he- roism of the Cameronian peasant. Some, indeed, carry their vague ideas, of the political sobriquet " Covenant- ers," so far as to consider the term sacred, to identify PREFACE. V those factionists with the Church of Scotland in all eras, and to resent any attempt at exposing their vices, with as much keenness as if the respectability of the Presby- terian forms depended upon the fame of the unprincipled school of Argyle, such as Wariston, and Lauderdale himself, the persecutor of the second race of Covenan- ters. It is not, however, in a sense so indiscriminate, that I have adopted the title " Montrose and the Cove- nanters," or have instituted that contrast. The name and actions of Montrose were too conspi- cuous, and influential, in his critical times, not to have become familiar even to such as cannot, in a strict sense, be termed readers of history. The romantic pages, and historic genius, of Sir Walter Scott, have made the hero as well known to the general or luxurious rea- der, as he is to those who study, more inquiringly and systematically, all the historical annals of their country. Hence there is an impression, widely prevailing though very erroneous, that no more need or can be recorded of Montrose and his times. But, I venture to say, had the original materials now first brought to light in the following pages, been in the possession of David Hume or Sir Walter Scott, greatly would the acquisition have aid- ed, enlightened, and enriched, a deeply interesting and im- portant chapter of their historical compositions. Even the domestic facts, though few in number, which I have been enabled to add to a more minute illustration of the prin- ciples of Montrose's public conduct than had hitherto been afforded, would have been treasures in the hands of the " Great Magician." With such stores, new to the VI PREFACE. world, his exquisite, but unfortunately too meagre, " Legend of Montrose," might have expanded in a work of yet greater interest and effect ; combining, too, the truth and importance of historical discovery, with some domestic matters of unquestionable fact, that beggar even his powers of romantic fiction. The devotion, to Montrose, of his nephew, who was so dearly beloved in return, and who preserved that devotion to his uncle in the face of the most powerful entreaties and tempta- tions to forsake, or at least to quit him, — the no less heroic adherence, to Montrose and his cause, displayed by his nieces, who on his account suffered the impri- sonment of malefactors, and were reduced from the af- fluence and luxuries of their high station to discomfort and poverty,— the " well known token," sent by them to guide the hero to his career of ill-fated victories, — — the abstracting of his heart from his mutilated trunk beneath the gibbet, — and, above all, the extraordinary progress of that romantic relic, through perils by land and sea, even into the possession, and among the bar- baric treasures of an Indian chief, — himself an heroic sufferer, whom we must not call savage, — these are in- cidents which ought to have been introduced to the world by no other pen than Sir Walter Scott's ; but which, it may be hoped, will cause, even by this hum- bler record of them, the Legend of Montrose itself to be perused with additional interest. The most important new matter, however, contained in these volumes, are the historical fragments obtained from the private archives of the Napier family, with PREFACE. Vll the addition of some discoveries among the manuscripts of the Advocates' Library. These throw an entirely- new light upon the moral springs of Montrose's iso- lated and almost incredible exertions, and, at the same time, aid not insignificantly our reflections upon the state and results of his times, — an exhaustless source of political and moral instruction. Whilst such enthu- siastic democratical writers as Mr Brodie, (now Histo- riographer Royal for Scotland,) followed by Lord Nu- gent, and, in the chapter we refer to, quoted and relied upon even by an historian of such superior powers as Hallam, — whilst these have run riot in their assump- tions of Montrose's unprincipled selfishness, reckless ambition, and insatiable appetite for blood and murder, how little has been done to illustrate what was the actual state of the Hero's mind in his meteor-career of self-devotion. But, as an antidote to those bane- ful historical calumnies, — in opposing which I am conscious of having caught too much of the tone of ex- cited controversy, — of having written " tumultuante calamo" and, it may be said, occasionally somewhat in King Cambyses' vein, — I would desire no more than that beside those calumnies should be placed the hi- therto unknown letters and documents I have now produced, in which Montrose may be said to speak for himself, on the matter of his advice to Charles I. and the motives and principles of his own conduct. From the charge of having " touched that unclean thing whiggery," — (I adopt the expressive phrase of a distinguished literary correspondent, who honoured me Viii PREFACE. with a perusal of these volumes before they were pub- lished,) — of having committed a false step in joining at their outset the covenanting clique in Scotland, — a word I do not shrink from using, as being truly de- scriptive of a party who arrogated to themselves the character of a whole nation's generous voice, — of having acted inconsistently with the dictates of his reason, and his maturer principles of action, by having carried, what he fondly considered the arms of " the Covenant," against the last hope of true Religion and Liberty in the north, — from these charges Montrose can never be ex- onerated. But the moral, and, when we remember his expiatory struggle and death, it may be added, the grandeur, of his heroic character and career, cannot, by such defects, lose their value and interest. The documents referred to must carry an irresistible con- viction, at least to every unbiassed mind commencing its study of the times past, that, even in his first error and inconsistency, Montrose was humane and honest, was no far-sighted and selfish factionist, no blood- thirsty destroyer, but a youthful and mistaken en- thusiast. If the sudden and violent excitement of the period, and Montrose's age of four-and- twenty, will not suffice to reconcile such political inconsistency as can be proved against him, with the character of an honest statesman, and a glorious hero, we may close the annals of human virtue. I am induced to notice still further in this place the manuscripts which prove Montrose to have exercised, in his later patriotic struggle, the ratiocination of an PREFACE. IX upright and accomplished politician, from having, in a recent visit to Cambridge, my attention called to a published Discourse, pronounced by one of the living ornaments of that seat of learning and loyalty. I will be excused for transcribing the whole passage from such a writer as Professor Sedgwick. In his scrutiny of some of Paley's defective Philosophy, occurs what will be found in the note.* I have no reason to ima- " Why is it our duty to obey the civil government ? Paley replies, because it is the will of God as collected from expediency so long as the established government cannot be resisted or changed without public inconveniency, it is the will of God that the established government be obeyed — and no longer. This principle being admitted, the justice of every particular case of resistance is reduced to a computation of the quantity of danger and grievance on one side, and of the probability and expense of redressing it on the other. But who shall judge of this ? We answer, every man for himself* A more loose and mischievous doctrine — one more certain to be turned to base purposes by bad men — was never, I believe, upheld by any Christian moralist. In times of excite- ment, men are too much blinded by passion ever to enter fairly on a com- putation of civil grievance : and as for danger — brave men of sanguine tempers are not restrained by it, but on the contrary, are urged by it into action. On Paley's principles, civil obedience cannot continue to be re- garded as a duty : and if civil order be retained at all, it can only be through selfishness and fear on the one hand, and by corruption and brute force on the other. Such a state of things can only lead to ruin and con- fusion, or the establishment of a despotic executive. "An unbeliever may ground his duty of obedience inexpediency : but a Christian finds, in the word of God, a ready answer to the question we started with. Obedience to the civil government is a duty, because the word of God solemnly and repeatedly enjoins it. But does this doctrine lead us to the slavish maxims of non-resistance and passive obedience f Undoubtedly not. The Apostles of our religion gave us an example and a ride for the resistance of a Christian. They resisted not the powers of the world by bodily force; but by persuasion, by patient endurance, and by heroic self-devotion : and the moral and civil revolutions, which they and their followers effected, were incomparably the most astonishing that are recorded in the history of man. " Should it, however, be said, that ordinary men, not having the powers Moral and Political Philosophy, Book \i. Cbap. iii. X PREFACE. gine that those powerful passages were composed un- der the direct influence of a recollection of the times of Charles I., or with an immediate reference to Mon- trose and the Covenanters. Certainly Professor Sedg- wick had never seen the fragments of papers which have preserved to us the reasonings of Montrose, and of his preceptor, Napier, on the subject of Sovereign power, and Rebellion. Yet, notwithstanding all that has come and gone, since about the year 1641, when those frag- given to the inspired Apostles, must, on that account, adopt less exalt- ed maxims as their rules of life : we may state in general terms (with- out loading this discussion with extreme cases which lead to no practi- cal good in moral speculation), that where the Christian religion prevails in its purity, it is impossible there should ever exist an unmitigated des- potism : and where the power of the executive is limited (in however small a degree) there will always be found within the constitution some place where the encroachments of bad and despotic men may be met by a moral and legal resistance. Rebellion is proscribed by human law, and is forbidden by the law of God. But a moral opposition to the executive, conducted on constitutional grounds, is proscribed by no law, either of God or man : and if it be wisely and virtuously carried on, it has in its own nature the elements of increasing strength, and must at length be irresistible. If, however, during the progress of a state, the constituted authorities be in open warfare with each other ; a good man may at length be compelled to take a side, and reluctantly to draw his sword in defence of the best inheritance of his country. Such an ap- peal, to be just, must be made on principle; and after all other honest means have been tried in vain. " Unfortunately, the opposition to the encroachments of arbitrary power, has too often been commenced by selfish men for base purposes. In- stead of taking their stand in a moral and constitutional resistance — in- stead of trying, by every human means, to concentrate all the might of virtue and high principle on their side, they have broken the laws of their country, dipped their hands in blood, and needlessly brought ruin on themselves and their party. The vices of the subject are not only the despot's plea, but the despot's strength. Where the virtuous elements of social order are wanting in the state, whether men be willing slaves or not, they are unfit for freedom." — Discourse, Sfc. by Adam Sedgwick, M. A., F. R. S., Sfc. Woodwardian Professor and Fellow of Trinity College, Cambridge. Fourth Edition, 1835, p. 137-139. PREFACE. XI ments entered, not history, but the obscurity of a Scot- tish charter-chest, to the year 1835, when one of the most accomplished of her sons addressed Alma Mater as quoted, Montrose's principles of civil obedience, his axioms of political government, his anxious and elabo- rate search for that invisible line of demarcation, be- twixt the philosophy of non-resistance and passive obe- dience on the one hand, and, on the other, justifiable resistance to arbitrary power, — the reasoning and senti- ments, we say, of Montrose, when deprecating the ap- proach of the great civil war, are wonderfully similar, in their philosophy, logic, and even language, to those with which Professor Sedgwick instructed the youth of Cambridge in the Chapel of Trinity College. " Re- bellion is proscribed by human law, and is forbidden by the law of God. But a moral opposition to the executive, conducted on constitutional grounds, is pro- scribed by no law, either of God or man ; and if it be wisely and virtuously carried on, it has in its own na- ture the elements of increasing strength, and must at length be irresistible. If, however, during the progress of a state, the constituted authorities be in open war- fare with each other, a good man may at length be compelled to take a side, and reluctantly to draw his sword in defence of the best inheritance of his country. Such an appeal to be just, must be made on principle ; and after all other honest means have been tried in vain." So inculcates the living Professor. And more- over, he maintains obedience to the civil government as a duty, ' because the word of God solemnly and re- Xii PREFACE. peatedly enjoins it ;" and he refers us to the example of the apostles of religion, who " resisted not the powers of the world by bodily force, but by patient endurance, and by heroic self-devotion." Finally he tells us, in the concluding passage of the pages we have quoted from him, a passage singularly applicable to the con- duct of the covenanting rulers, that " unfortunately, the opposition to the encroachments of arbitrary power has too often been commenced by selfish men for base purposes," who, he adds, " have broken the laws of their country, dipped their hands in blood, and need- lessly brought ruin on themselves and their party." This is an unpremeditated and unconscious echo of what the murdered Montrose, and his Mentor, inculcated two hundred years ago, before the great civil war, and its fearful results, had verified their worst anticipations. " Civil societies, (said they) so pleasing to Almighty God, cannot subsist with- out government, nor government without a sove- reign power to force obedience to laws and just commands. * * * This sovereignty is, a power over the people, above which power there is none upon earth, whose acts cannot be rescinded by any other, instituted by God for his glory, and the temporal and eternal happiness of men. * * * Patience in the sub- ject is the best remedy against the effects of a prince's power too far extended. * * * But there is a fair and justifiable way for subjects to procure a moderate go- vernment, incumbent to them in duty, which is, to en- deavour the security of Religion and just Liberties, (the 4 PREFACE. Xlll matters on which a prince's power doth work,) which being secured, his power must needs be temperate and run in the even channel. * * * The perpetual cause of the controversies between the prince and his subjects, is the ambitious designs of rule in great men, veiled un- der the specious pretext of religion and the subjects' li- berties." Professor Sedgwick's sacred principle of obe- dience to civil government, and his views of the moral depravity of rebellion, are not to be distinguished, ex- cept by those who indulge in mere verbal disputes, from Montrose and Napier's exposition of the divine and inviolable character of sovereign power upon earth, " whether in the person of a monarch, or in a few prin- cipal men, or in the estates of the people."* It is hoped, then, that the new materials, with which I have illustrated Montrose and his times, will be consider- ed as not limited, in their interest and importance, to the tastes of a certain class of historical readers in Scotland, but as being valuable to the cause of truth and justice generally. Could I suppose my own treatment of these materials to be worthy of the field of inquiry they re- open, I might have aspired to dedicate the result to the best existing representative of those lofty, unim- passioned principles, — so conservative of good govern- ment and time-honoured institutions, — those attributes, of untainted integrity in the senate, and matchless hero- ism in the field, which may they never cease to be the characteristics of the British nation. But I do not pre- tend to have brought to my task the talent and judg- * Fee infra, pp. 397, 424, &c. Xiv PREFACE. inent it required. If, however, the various original do- cuments now produced, and which, instead of consign- ing to the retirement of an appendix, I have interwoven with my text, shall be found to add any thing to the facts, and the interest of the most instructive period of British history, and, above all, shall in any degree tend to redeem from unmerited obloquy one illustrious vic- tim of hypocritical democracy, I am satisfied to give up my own lucubrations in these volumes to whatever cri- ticism they may call forth. It only remains to be added, that I was not so far wanting to my subject, nor in duty to the noble family whose proud distinction it is to represent the Hero, as to omit an application in the proper quarter for any original materials, in possession of the family, which might illustrate the life of Montrose. But that no such materials exist, I learn, with great regret, from his Grace the present Duke of Montrose, who, in a polite com- munication on the subject, informs me, — " I am sorry to say that we cannot give you any assistance in the performance of the task you are preparing to undertake, as there are no papers whatever existing, and in our possession, which can throw light upon the subject." 11, Stafford Street, April 1838. CONTENTS OF THE FIRST VOLUME. INTRODUCTION. 1625-1633. The character of Montrose, how variously treated by histo- rical writers — Mr Brodie, Historiographer Royal for Scot- land, his character of Montrose contrasted with the opinions of Clarendon and De Retz — The Covenanters' character of Montrose — Nature and objects of the present Work — Lord Napier of Merchiston's connection with Montrose — Napier Manuscripts — Bishop Burnet's character of Montrose — Original letter, in the Napier charter-chest, illustrative of Bishop Burnet's own character — The question of Bur- net's truth and impartiality, in his delineations of character, set at rest by this letter — Scotch faction — Extracts from Lord Napier's private papers, illustrative of the character of Scotch councils and councillors, from the commencement of the reign of Charles I. in 1625, to his coronation in Scotland in 1633 — Lord Napier's private notes of some in- congruities in matters of State — Manuscript of his offers of service to Charles I. — His manuscript on the subject of the Tithes, and illustration of the King's position and dis- positions — -The Rothes faction of 1633 — Seeds of the Co- venant — Balmerino's condemnation, pardon, and ingrati- tude, ...... Page 1 CHAPTER I. 1633-1636. Montrose's birth, parentage, and education — His early mar- riage — Contemporary notice of his youthful travels and ac- complishments — Prevalent mistake that he commanded the XVI CONTENTS. Archer Guard of France — Contemporary portraiture of his rival the Marquis of Hamilton — Contemporary portraiture of Montrose — Anecdote of Hamilton's double dealing and treachery to Montrose at Court — Archibald Lord Lorn — Montrose's contempt for him — The old Earl of Argyle's character of his son, .... Page 114 CHAPTER II. 163G-1637. When and why Montrose joined the Covenanters — Seditious and secret agitation in Scotland, betwixt the periods of the promulgation of the Canons in 1636, and the appointment of the new liturgy in 1637 — Popular tumult against the liturgy in Edinburgh — Instigated by the ministers from tbe pulpit — Secretly organized by Balmerino and the Advocate — Commenced by the servant-maids on the 22d of July 1637 — Secret instructions, to Archibald Johnston of Wa- riston, to organise a popular insurrection against the Bishop of St Andrews should he appear in public — Montrose no party to this secret agitation — Weakness and irresolution of the Privy-Council — Parties to the agitation against the Bishops — The Reverend Robert Baillie's account of the petitions against the Bishops, and the manner of his own conversion to it — Result of the agitation in the great con- vention held at Edinburgh, 15th November 1637 — Mon- trose first joins the insurrection against the Bishops at this convention — Induced to join by the persuasions of Rothes and the Minister of Methven, and not through displeasure at the King's reception of him at Court — Constitution of Scotland overthrown, and the Tables erected, under the sanction of the King's Advocate against the King's au- thority, . . . . • . 131 CHAPTER III. 1637-1638. The Covenant — Its insidious nature and false pretensions — Concocted by a few factionists — Dr Cook's contradictory views of it a proof of its indefensible character — Mr Bro- die's eulogy of the Covenant — Contemporary account of the Covenant, and the mode of its agitation and imposition, from the manuscripts of James Gordon, parson of Rothemay CONTENTS. XV11 — Mr David Mitchell's letter on the subject of the perse- cution of the Episcopal clergy in Scotland — Other contem- porary correspondence illustrative of the period — Cove- nanters' attempts to gain over the Marquis of Huntly — Huntly's rejection of the Covenant, . • Page 146 CHAPTER IV, 1633. The Marquis of Hamilton's first visit to Scotland as Com- missioner to settle the affairs of the Church — The Cove- nanters prepare to receive him with studied neglect — The Reverend Robert Baillie's account of the Commissioner's re- ception — Anecdote from the manuscripts of James Gor- don — Bishop Guthrie's anecdote of Hamilton's double-deal- ing—Its authenticity considered and illustrated — Hamilton returns to Court — Agitation of the Scotch factionists dur- ing his absence — Rothes writes to his cousin, Patrick Leslie, in Aberdeen, to agitate the loyal town preparatory to Montrose's presence there.— -Montrose's first mission to Aberdeen — Is attended by Messrs Henderson, Dickson, and Cant, called the three apostles of the covenant — Loyal- ty of the North — The excellent divines of Aberdeen — Montrose's reception in Aberdeen — Transactions and re- sult of the covenanting crusade, . . . 163 CHAPTER V. 1638. Hamilton returns to Scotland— Is more reserved in his con- verse with the Covenanters— His double-dealing — Insa- tiable demands of the Covenanters — Condemned by Dr Cook in his History of the Church of Scotland Mon- trose's most factious position — General Assembly of 1638 — Its character — Baillie's account of the opening scene Minute account of its constitution, from the manuscripts of James Gordon— Montrose's conduct in that Assembly His violent contest with his father-in-law, the Earl of Southesk — Montrose's fearless and open display of the ma- chinery of the faction contrasted with the more deceitful policy of the prime Covenanters— Characteristics of the Reverend Robert Baillie derived from his own manuscripts —His insincere letter to the Archbishop of Glasgow— H« VOL. I. h xviii contents. acts and reasons against his own conscience — Characteristics of the Marquis of Hamilton — Bishop Burnet's eulogy of him not to he trusted — Characteristics of the Earl of Ar- gyle — The King's just view and estimate of his conduct — His secret opposition to the King compared with Mon- trose's first attempt to countermine the democratic schemes of the covenanting chiefs, . . . Page 180 CHAPTER VI. 1639. Huntly appointed the King's Lieutenant in she North — Hamil • ton's douhle-dealing — The King implicitly trusts Hamilton, who hetrays his cause in the North — Montrose stents the landholders of the shire of Angus, to raise funds for the Covenant — Is opposed hy his father-in-law, and hy his future companion in arms, Lord Ogilvy — Montrose's forced march across the Grampians with the cavalry of Mearns and Angus, to hold a committee at Turreff — Huntly oppo- sed to him there with superior force of loyalists — The royal Lieutenant controlled in his movements by the policy of Hamilton — The first raid of Turreff — Hostile preparations of both parties — Character of the mercenary soldier, invalu- able to the cause of the prime Covenanters — Alexander Leslie — Spalding's graphic description of him — Is engaged by Rothes to serve the Covenanters in their preparation for rebellion — Hamilton secretly combines to paralyze the loyalty of the North — Montrose takes the field against Huntly — Narrative of Huntly 's missions to Montrose, from the manuscript of James Gordon — " Montrose's whimsies" — False alarm in his camp — Signs of the times — Huntly retreats, and Montrose occupies Aberdeen — State of the town — Personal interview betwixt Montrose and Huntly — Account of the conference and its result, from the manu- script of James Gordon — Montrose's policy controlled by a committee — Huntly led captive to Edinburgh — The Cove- nanters disappointed and displeased with Montrose's for- bearance and generous dispositions, . . 209 CHAPTER VII. 1639. Hamilton's treachery illustrated from the manuscripts of CONTENTS. XIX James Gordon — Anecdote of Hamilton's mother — Original bond for support of the covenanting' army, from the papers of Lord Napier — Alexander Leslie organizes the army — Its characteristics — State of the North — The young Vis- count of Aboyne appointed the King's lieutenant there, in room of his father, Huntly — Aboyne claims succours from the King, but is counteracted by Hamilton — Traitor Gun — The manuscript of Patrick Gordon of Cluny — His ac- count of the first collision in arms, betwixt the Covenant- ers of the north and the loyal Barons, called the Trot of Turreff — Montrose's rapid march across the Grampians to Aberdeen — Massacre of dogs — Montrose's conduct to Aber- deen marked by forbearance and lenity, contrary to the de- sire of the covenanting clergy — Besieges Sir George Gor- don's Castle of Gight — Marches to the south — Aboyne enters the road of Aberdeen, with a small fleet and army — Youthful commanders — Lord Lewis Gordon and his fol- lowing — Aboyne, attended by Traitor Gun, seeks Mon- trose, - Page 247 CHAPTER VIII. 1639. The King at Dunse Law — Hamilton's operations in the Firth of Forth — His seci'et inclination to the Covenanters — Lord Napier's instructions to treat with him, on their part, from the Napier papers — Review of Hamilton's treacherous policy — Aboyne overtakes Montrose at Du- notter — Paid of Stonehaven — Fate of Aboyne's army — Account of the treachery of Colonel Gun, from the manu- scripts of Patrick Gordon — Montrose marches upon Aber- deen — Account of the battle of the Bridge of Dee, from the manuscripts of Patrick and James Gordon — Montrose evades the covenanting committee's warrant and command to burn Aberdeen, and saves the town — Montrose's lenity commented on by the Rev. Robert Baillie — Montrose, Marischal, and Aboyne join the King at Berwick — Aboyne nearly killed by the mob of Edinburgh — Baillie justifies them, ---._. 272 CHAPTER IX. 1639-1640. -Montrose's first interview with Charles — Circumstances un- XX CONTENTS. der which he met the King — New agitation and fresh im- pulse to the movement — When and why Montrose turned from the Covenanters and tried to save the King — Cove- nanting calumnies — Revolutionary Parliament in Scotland, held in June 1640 — The treasonable propositions of the democratic leaders there urged, and Montrose's opposition to them proved — James Gordon's manuscript account of the constitution of the Committee of Estates 1640 — Con- servative members of that Committee — Causes of Mon- trose's conservative conduct at this crisis — First invasion of England by the covenanting army under Alexander Les- lie — Anecdote of Montrose's showing them the way across the Tweed — Passage of the Tyne — The Covenanters oc- cupy Newcastle, ... Page 297 CHAPTER X. 1640-1641. v/Fate of Montrose's first conservative attempts in support of the King's authority — His correspondence with the King, how discovered by the Covenanters — -Montrose fearlessly justifies himself — His conservative Association — Copy of the Cumbernauld bond, from the manuscripts of the Ad- vocates' Library — Its fate — Original manuscript of Co- lonel Cochrane's declaration — Covenanting notions of trea- son illustrated from original manuscripts, - 321 CHAPTER XL 1641. A view behind the curtain of the Covenant — Archibald Johnston of Wariston — A covenanting antiquary — A co- venanting patriot — Covenanting reformers — Covenanting justice — Secret machinery of the Covenant — Original let- ters of Archibald Johnston, hitherto unprinted, exposing the profligacy of himself and party — Original letter from Sir Thomas Hope, secretly informing Wariston of the cap- ture of Walter Stewart, on his journey, bearing a letter from the King to Montrose, - - 338 CHAPTER XII. 1641. The reasons of Montrose's conservative bond, and the grounds CONTENTS. XXI of his alarm for the monarchy, illustrated from original manuscripts — Original MS. record of Mr Rohert Murray's deposition — Original MS. record of Montrose's declaration — Argyle's violence — Coolness and dignity of Montrose — Affair betwixt Montrose and Lord Lindsay — Original MS. record of their respective declarations, relative to their private conversation together on the state of the country — The Committee's judgment thereupon, - Page 371 CHAPTER XIII. Review of the documents produced, and their bearing upon the times, and upon the question of Montrose's principles — Montrose's letter, expounding his views of the inviolable and sacred nature of sovereign power, and the necessity of so upholding it, ... 391 CHAPTER XIV. Some domestic notices of Montrose from family papers — His curious provision for the Lady Beatrix, his sister — History of his conservative meetings with Lord Napier — Their supper parties at " Yule" 1640 — Malcolm Laing's meagre and inaccurate account of Montrose's separation from the Covenanters — Manuscripts in the Napiercharter chest un- folding the true history of those transactions — Original draft of a letter from Montrose and Napier to Charles, urging his presence in Scotland to quiet the troubles ■ — Advice of Montrose and Napier to Charles on . the * subject of governing Scotland — This letter the secret spring of the King's determination to visit Scotland in 1641 V — His Majesty's letter to Napier — Montrose, Napier, Sir George Stirling of Keir, and Sir Archibald Stewart of Blackball, called " the Plotters," imprisoned by the Co- venanters in the Castle of Edinburgh, - - 411 CHAPTER XV. The case against the Plotters — Covenanting tactics — Secret history of the plot fully unfolded from the original manu- scripts of Walter Stewart's depositions, - - 433 CHAPTER XVI. History of the imprisonment and confessions of John Stewart Xxii CONTENTS. of Ladywell, from the original manuscripts — Original ma- nuscripts illustrative of the treatment and demeanour of Montrose, Napier, and Keir at this crisis — Lord Napier's manuscript notes of his examination before the Commit- tee, and their attempt to separate him from Montrose — Fate of John Stewart, and its bearing- upon the character of Argyle — Montrose justified in the reasons of his sepa- ration from the Covenanters — Pious motives of the King, Page 469 Additional Notes and Illustrations. I. Bishop Burnet's letters in the Napier charter- chest. II. Lord Napier's correspondence with James VI. — His letter on the subject of the Justice clerkship — Letter remonstrat- ing with James on the subject of proposed mortifications to the Chapel Royal — Napier's character of James VI. Re- monstrance of Napier to prevent the execution of Somer- set and his Countess — Curious contract for furnishing the confectionary of the King's table in Scotland. III. Charles I. and the Scotch Parliament of 1633 — Refuta- tion of Dr Cook's history of the King's conduct there, as derived from Burnet. IV. Account of the manuscripts of James Gordon, parson of Rothemay, and of Patrick Gordon of Cluny. V. Original manuscript accounts of " Margaret Mitchelson's gracious raptures." VI. Extracts from the town-council books of Aberdeen. VII. Anecdotes of Argyle from the manuscripts of James Gordon. VIII. Archibald Johnston's double-dealing proved by the letter from the Commissioners in London, to the Commit- tees in Scotland. IX. Original paper, interlined by the King, of Charles' in- structions to Dunfermline and Loudon, from the charter- room of Fy vie Castle. 513 ERRATA. Vol. I. Page 16, line 4th of notes, for " well, said Bishop," read " well said, Bishop." _____ 352 — — . 3d of text, for " mistake the character of" read " slight or over- look." Vol. II. Pa«-e 442, line 3d of text,/o/- " fourscore years" read threescore years." 470, 7th of text, for " shalt not" read " shall not." 484, 7th from hottom of text, for " affrontery" read " effrontery." 188, 1st of text, for " the Master of Napier" read " the now Lord Napier." ,V20 1 1 tli of text,/or " acquainted" read " unacquainted." 1 ^ /> / A / A' '/■ /> /> HUr?i' // ^ Lim4vn£-fv y&usr CLifif¥*ttU£/ -/o '\fry~nr bC ft / / / / ' ' ctndurt fuift$L vrf yaw ^^d'^n^'taumc^^^^rt^^ /-> h/dx ZwL The Bishop's own account of it will he found under the year 1681. It is remarkahle that Burnet says, " I told the King, in the letter, that I hoped the reflections on what had hefallen his father on the 30th of January might move him to consider these things more carefully." But this coarse and insolent allusion to the murder of Charles I. is not to be found in the letter itself, produced by the Bi- shop's son. That editor also notes, — " the original of this letter is now in the editor's hand, wrote by the Bishop, with a memorandum how it was delivered, and when and how it was received." Surely this does not mean the original sent to the King, for Burnet, in his narrative of the matter, says that the King threw it into the fire after reading it. 20 INTRODUCTION. suade the world of his own superemiiient moral cou- rage, if he can. For our part, after reading the above letter, we do not believe one malicious word of what Bur- net has uttered, in the History of his own Time, against Charles I. and Montrose, — and he has therein said nothing about them that is not malicious. We do not believe that the apology for Hamilton, which he has given to the world in the Memoirs of that house, is by any means so truthful an exposition of the character of that mysterious Marquis, as the letters and papers entrusted to the Bi- shop, for the purpose of compiling the Memoirs, enabled him to give. We feel thoroughly persuaded that Bishop Burnet in that work, as well as in the History of his own Time, reversed the golden maxim of Cicero, ne quid falsi dicer e audeat, ne quid veri non audeat. The marvellous of himself,* and the malicious of others, we henceforth altogether disbelieve when resting on the sole authority of the Bishop's historical record, and will never listen to when retailed traditionally and at se- cond-hand from him.f Finally, we do believe the truth of that anecdote, that the Bishop, " after a debate * Ex. gr. Burnet tells not a very credible story of his earliest inter- views with Charles II. He says the King read in his presence part of the Memoirs of the Hamiltons in MS. — was much pleased with them, and more with the author ; and, further, that, " in a long private audience, that lasted above an hour, I took all the freedom with him that I thought became my profession." Burnet goes on to tell very minutely what the King said to him, and what he said to the King, and describes a scene in which never King was bearded by a bolder subject. Then follows the description of another private scene with the Duke of York, whom he also lectures most severely. f Ex. gr. The cock-and-bull story (said to have been derived from Burnet's conversation at a dinner party) of Charles I. having ordered the secret execution of Loudon, when in the Tower for the letter to the King of France, and how Hamilton saved him. See this story adopted by Mr Brodie, Vol. ii. p. 515 — and well sifted and exposed by Mr D' Israeli in his Commentaries, Vol. iv. p. 359. 4 SCOTCH FACTION. 21 in the House of Lords, usually went home, and altered every body's character as they had pleased or displeased him that day," — and that he kept weaving in secret, till he died, this chronicle of his times, not to enlight- en posterity, or for the cause of truth, but as a means of indulging in safety his own interested or malicious feelings towards the individuals that pleased or offend- ed him. So much for Bishop Burnet, whose authori- ty must henceforth always be received cum nota. It was a Scotch faction that, in the seventeenth cen- tury, when paving the way to such enormities as the murders of Charles I. and Montrose, had wielded the destinies and decided the fate of England. The savage contempt for royal authority, the arts of popular agi- tation, the spirit of persecution, that instantly sprung up to clear the path for democracy, these characteristics of the tumults and insurrection of Scotland in the years 1637, 1638, and 1639, all extended to England, where the puritanical faction were ready to adopt the lessons, and eager to profit by the active co-operation of instruc- tors they otherwise despised. Clothed with the lan- guage of loyalty and patriotism, and advancing under cover of " Religion and Liberties," the determined be- siegers of monarchical government, worked up from Scotland to the throne itself. " We declare before God and man," said the impious contrivers of the Covenant, " we declare before God and man, that we have no in- tention nor desire to attempt any thing that may turn to the dishonour of God, or to the diminution of the King's greatness and authority" * — and forthwith the very fanatic who framed that sentence appears in England 1 The Covenanl of 1638, 22 INTRODUCTION. as the prime minister of the Covenant, collecting round the devoted monarch the toils of the great Rebellion — scenting, not afar off, his blood in the blood of Straf- ford, and howling like a savage, for the rewards that were to satiate the malice and the avarice of Scotland.* The blood of Strafford and of Laud, the Genevean ban- ner planted in England, the murder of the King, the domination of a usurper, were the fruits of the Cove- nant. Yet how mean is the origin of that revolutionary faction in Scotland, and how fallacious those views of it that represent its leaders in bright relief, of holy and patriotic zeal, against the tyrannical enormities of the monarch ! Let us examine the seeds from which the Scottish commotions sprung into that re- volution which has been called " our second and glo- rious Reformation in 1638, when this church was again settled upon her own base, and the rights she claimed from the time of the Reformation were restored, so that she became fair as the moon, clear as the sun, and ter- rible as an army with banners." f Was Charles I. real- ly an oppressor amid religiously and patriotically dis- posed chiefs of Scotland ? Must we indeed concede to the Historiographer for Scotland that the monarch was worthy of the death he died ?| And will we discover, in the impenetrable mists of faction that surrounded his throne * Archibald Johnston, of whom anon. f Wodrow's Introduction, p. 2. This historian of the Church of Scot- land adds, somewhat in the style of the Rev. Robert Baillie's contra- dictory eulogies, — " it is hard to manage a full cup, and I shall not take upon me to defend every step in that happy period."— That task was re- served for Mr Brodie, who has fearlessly fulfilled it. X " We differ from Mr Brodie (says the Edinburgh Review of March 1834,) as to many of the measures of the Parliament during the war — as to the necessity of the King's death, and the merits of the common- wealth and the long Parliament." SCOTCH FACTION. 23 from the first moment of his reign, and the abandoned treachery that dogged his person through life, no ex- cuse for the worst steps of his policy in the govern- ment of Scotland ? " King James being dead (says Lord Napier) and his son King Charles succeeding to him in his kingdom, and to his virtues too, — although with some want of ex- perience, which is only got with time, all the turbulent and discontented humours of the former time were up, as is usual in these great transitions, and plied his Ma- jesty incessantly with accusations, personal assertions, new projects, and informations of abuses. And truly there wanted not matter, and their endeavours had deserved praise, if spleen to the persons of men, and their own private interest, had not given life and motion to their proceedings, rather than the service of the King and the good of the state. Then was there nothing but factions, and factious consultations, of the one, to hold that place and power they possessed before, — of the other, to wrest it out of their hands, and to invest themselves ; and no dream or phantasy of innovation came in any body's head, but presently he durst vent it to the King ; and still the most ignorant were boldest. Neither wanted there some honest and wise men who gave their advice out of mere affection to his Majesty and the public ; but wanting that bold forwardness, and factious assistance, which the other had in prosecuting of their private ends, no great hold was taken of them."* Charles, not yet crowned King of Scotland, received sundry mysterious hints, that, if he did not conduct * Lord Napier's MS. Relation. See Note at the end of the volume, for an account of this nobleman's connexion with the court. 24 INTRODUCTION. himself in a manner that seemed fully to recognize the Independency of his ancient kingdom, the crown might be bestowed somewhere else ; and most anxious was Charles to avoid the imputation of intending to " re- duce Scotland to a province." Thus the affairs of that country became to him a separate burden of a difficult and irksome nature- For his privy-council of England were not suffered to be cognisant of the affairs of the other kingdom, which the King managed, through the reports of his privy-council there, with the aid (if aid it could be called) of his Scotch favourites, or such of the council as he summoned from Scotland for special consultation. Indeed at this time there ap- peared to be no connexion or sympathy betwixt the kingdoms. The English nation, we are informed by Clarendon, knew and cared less about Scotland than they did about Poland or Germany ; — " no man ever in- quired what was doing in Scotland, nor had that king- dom a place or mention in one page of any Gazette." But it was not the privilege of Charles to be able to forget his ancient independent kingdom ; and certainly his attention to the affairs of Scotland was kept alive in a manner most disagreeable to himself, and most dis- creditable to his native country. Lord Napier, a Privy- councillor, and Treasurer-Depute, under the Earl of Mar, who held the white staff, mentions in his Rela- tion, that Mar was not free from that storm of faction, the great object of which was to wrest place and power from each other, " but was charged home by his ene- mies with some abuses, in the King's presence, which they were not well able to make appear ; therefore, there was a gentleman directed to me, desiring me to give them intelligence upon what points my Lord might be charged ; with assurance from them that it should never SCOTCH FACTION, 25 be known , and before I should declare any thing in that kind, I should have assurance, from the King's own mouth, and my Lord of Buckingham, of the white staff! This I flatly refused, as an office unworthy of a gentle- man, and told him that I disdained any honour that should be acquired by so dishonourable means against a man that was in terms of outward friendship with me, al- though I knew he had no friendly intentions towards me ; but I was evil requited, and it maybe because this motion made to me, and my refusal, came never to his ears." The nobleman who could make such a reply in those days was much too honest to be suffered to hold a place in the King's affections, or a seat in Scottish councils ; and, accordingly, strenuous exertions were made to ruin Lord Napier, who had offended in other respects. " Of the commission of the tithes (he says) I had the honour to be one, and according to my duty and power did ad- vance his Majesty's just and gracious purpose. This, and my integrity in the King's father's time, together with the title of Lord, his Majesty's first favour in that kind to a Scottish man, and a lease of Orkney bestow- ed upon me, did so much offend the chief statesmen, who were the greatest teind-masters also, and, by a great incongruity* members of this commission, that in their private meetings they concluded my overthrow ; whereof I got private intelligence, but did no whit swerve from my duty for that. They set on Mr David Fullarton, a Receiver, a young man of little wit, to dis- perse calumnies against me in the court, to try how they would be received or seconded ; whom I brought before * From Charles himself we learn that it was with the view of recon- ciling all parties, in his henevolent design, that he did not omit the Lords of the erections, and laick patrons, in the commission of surrenders. —Lmgc Declaration. 26 INTRODUCTION. the King, in presence of the Lords of Exchequer, and whose answers were so poor, and excuses so frivolous, as made even those present, who set him on, to be ashamed." The absence of every principle of honour and hones- ty, among the leading Scotch factionists who beset the King, is further illustrated by the following very curi- ous scene, and by-play of Scottish councils in England, which cannot be given more graphically than in Lord Napier's own words : " Sir Alexander Strachan and some others, his partners, (of whom the Secretary* was one, for nothing passed whereon he was not a sharer, and then nothing was so hurtful to the King or coun- try which was not delivered under the title of good ser- vice,) had projected to the King great profit to arise out of the wards of marriage and nonentries, which, being most pernicious to his majesty and the best of his sub- jects, I mainly opposed here in Scotland, and with much ado got the passing of it delayed (so strongly had they made their party in our exchequer) till it should be debated before the King, who had sent for all his offi- cial's to court, to have their opinion concerning the business of the tithes. These and such like matters increased their spleen against me, who still upon all oc- • This was Sir William Alexander of Menstrie, created Earl of Stirling by Charles I., and celebrated both as a poet and a courtier. " He travelled through Italy and France with his Lord superior the Earl of Argyle, where he attained to the French and Italian tongues. He got great things from his Majesty, as especially a liberty to create a hundred Scots- men knights-baronet, (of Nova Scotia,) from every one of whom he got L. 200 Sterling, or thereby ; a liberty to coin base money, far under the value of the weight of copper, which brought great prejudice to the kingdom ; at which time he built his great lodging in Stirling, and put on the gate thereof Per mare, per terras, which a merry man changed, per metre, per turners, meaning that he had attained to his estate by poesy and that gift of base money." — Scot of Scotstarvef s Manuscript, Advocates' Library. SCOTCH FACTION. 27 casions continued my wonted freedom to give advice without respect of any thing else but the public good. The most part of my enemies being present at court, fell a consulting, and plotting my overthrow, which from this time forth they so eagerly prosecuted, that they forgot conscience, honour, their own qualities, and the places they possessed. And this way they went to work. They made Sir Alexander Strachan waken his project for the wards, and procure from the King a hearing of the exchequer, knowing well that I would oppose it, to incense him (Strachan) against me, and to move him to be my accuser upon their former informa- tion ; a man, as much as I, hated by them, especially by the chancellor,* Avhom he had accused the year before of bribery, to his face before the King, which he pressed so hard upon him, that, to save his reputation and his place, James Douglas, deputy-secretary, — a man religi- ous and honest, but too, too simple, who hardly could be induced to take the ordinary benefit of his place, — was persuaded to take the fault upon him, and thereby lost his place. Sir Alexander perceiving their drift and spleen against me, made his advantage of it, promising, if he might have a commission to bring in concealments and omissions of the treasury, (which he afterwards got to his great profit,) he should have matter enough against me, and would charge me. When the exche- quer met, I opposed Sir Alexander's project for the wards, and found no resistance, but excusing himself, that he thought it was for the good of the King and benefit of his subjects, and if it were found not so, he would willingly relinquish his suit, but said withal (ac- cording to the plot) that the King's profit was neglected by the official's, and that he would give twenty thousand * Kinnoul, of whom afterwards. 28 INTRODUCTION. pounds for the omissions of the treasury, if he might have commission to bring them in ; as indeed there was something in that kind through no fault of mine. I answered, that there were some omissions, which was not altogether my Lord treasurer's fault or mine, but partly theirs who served before us, and that we intend- ed to bring them in ; neither was there such perfection among men to omit nothing ; and for my part, I would not only not oppose him, but be a means to move the King to grant him commission, and accept the condi- tion ; but that he had not done amiss to have inform- ed the official's of these concealments, who would have had a care to see his pains recompensed ; whereas now this offer of his was of the nature of an accusation and imputation to us. Those who were of the party, fear- ing that I would hold him to his word, and engage him, brought him off with this motion, that he should have the commission, and of what should be thereby brought in, the King to have the one-half, and Sir Alexander the other ; to which they all assented but myself, (who now began to smell the drift of it,) and the Bishop of Ross, * whose opinion was, that the officiars should bring in these omissions, and Sir Alexander be consi- dered for the discovery. The report was made to the King, by the chancellor and secretary, that Sir Alex- ander's project of the wards was disallowed, but that he had undertaken to bring into his Majesty's great profit out of concealments, an excellent piece of service, and that none of the number was against it but I, for my own ends. The commission was drawn up in * Patrick Lindsay, Bishop of Ross from 1613 to 1633, when he was translated to the Archiepiscopal see of Glasgow. He fell a victim to covenanting] persecution, and died in lGM, under the excommunication of the kirk. CHARLES I. AND SCOTCH COUNCILLORS. 29 great haste, and signed, and was to be sent down to Scotland to be subscribed by the treasurer, and past the seals, whereof they were assured since it tended to my hurt. How soon I understood the same, I told his Majesty that the commission was sending away, and I had never seen it, that ofttimes specious pretexts were made for his benefit, and nothing intended but the gain of the projectors. Whereupon the King called to him Mr Mauld, commanding the secretary by him to let me peruse the commission before it went, which Mr Mauld did, but for all that I could never come to see it. But a meeting being for the tithes before the King, they brought in mention of that commission. The chancellor said, it was a great piece of service, and the gentleman had deserved well. I answered, that will be best known after the performance ; for me, I thought it might prove so too, but that I thought fit that the word concealments might be defined and explained ; for the King's tenants in some ill years were not able to pay (it may be) at the precise time, yet the chamberlains would bring them in at another time when the tenants were able. If these, or of the like nature which were known and in charge in exchequer, were called con- cealments or omissions, the King should lose the half of that rent, and give fees unnecessarily for that part of his rent to chamberlains and stewards. ' But, Sir,' said I, 'whatever is in that commission is unknown to me, for I never yet saw it, not-the-less of your Majesty's command.' At which the King was angry, and looked sternly upon the secretary. But the chancellor, — whose manner was to interrupt all men, when he was dispos- ed to speak, and the King too, — did fall upon aggravat- ing these omissions so far that the Marquis of Hamil- ton said, — 30 INTRODUCTION. Hamilton. " My Lord, how can there be such neglect as you speak of, since I know they had almost put my mother * to the horn for forty shillings Scots ? " Whereat the King smiled, and, rising up, said to Sir Alexander Strachan, — The King. " You have said to me that there are many omissions and faults, and that you will do me good service. You shall have the commission, but, if you be not as good as your word, I shall find a fault somewhere. " All this while my Lord Erskine, f the treasurer's son, stood by mute, as if the matter had no way con- cerned his father, for the chancellor had blocked up his mouth, by a promise that not his father, but I only should be charged with these omissions, and that he should be free from any such imputation ; which he performed, saying he was a nobleman now in age, and could not take care of the King's affairs, nor his own, but all was my fault, excusing him so, to his disadvan- tage, from particular omission, by disabling him of the care of all. When we came from the King, the chan- cellor told Sir William Balfour^: how much he had been * His mother, a daughter of the Earl of Glencairn, was the celebrat- ed leader of the female church-militant of Scotland, who commenced the tumults against the Service Book. f John Lord Erskine, afterwards eighth Earl of Mar. When this was written Lord Napier knew not the interesting ties that were to unite the families. Lady Elizabeth Erskine, daughter of this Earl, be- came the wife of Napier's eldest son, who was the nephew of Montrose, and his dearest companion in arms, — and this lady it was for whom the heart of Montrose was stolen (from under the gibbet where his trunk was buried,) that she might preserve it embalmed. % The same, probably, upon whom Charles conferred the Lieutenancy of the Tower. " Sir William Balfour took an early part with the Parlia- ment, zealously rendered the captivity of Strafford inexorably severe, and resisted the most considerable bribe ever offered to a governor to connive at the escape of a state prisoner. Having thus manifested him- self to be worthy of the confidence of the party, he became one of their ablest commanders, when he had the satisfaction of encountering his royal master in arms." — V Israeli. CHARLES I. AND SCOTCH COUNCILLORS. 31 my friend, although I had moved the King to take Ork- ney from him to get a lease of it myself. I desired Sir William to tell him that he had exprest himself my enemy, and that I knew nothing of Orkney till he told it me himself. And withall tell him (said I) that I was never so ill a servant to my master, as to advise him to give thirteen thousand pounds Sterling for re- nouncing his grant of Orkney, for the which he would gladly have taken five thousand pounds Sterling, as they can tell whom he employed to procure it. " After this my persecutors changed their mind, and thinking it fit that my name should be to the commis- sion, who opposed it, to make it the more effectual against myself, the secretary delivered me a command from the King to subscribe it. To which I replyed, that is contrary to the commission of exchequer, which ordains us to subscribe all signatours judicially, but if he would say before witnesses that his majesty com- manded me to subscribe it in particular, I would obey ; but the next day he brought me a warrant under the King's hand to subscribe. I finding that my opposi- tion had drawn upon me no small suspicion of fear and guiltiness, having received this warrant, did subscribe cheerfully and willingly, defying Sir Alexander and all the world to charge me with any fault or malversation in my office, in presence of the Bishop of Ross, Sir Alex- ander himself, and divers others. This confidence and alacrity did make the chancellor fear that the commis- sion would not work the effect against me that he wish- ed ; and then he began to peruse it more seriously, and finding that himself might come within the com- pass of it, being a collector of taxation, did delay his subscription, finding some faults and informalities in it, and being further pressed, did pretend the gout in his 32 INTRODUCTION. handy which was in his Jeet, not subscribing twenty days after me, till the Earl of Nithisdale, Sir Alexander's friend and none of his, told his Majesty that the chan- cellor only did hinder the service himself had so much commended in his presence. He then subscribed it. But Sir Alexander could not have way for it through the seals till he gave assurance to the chancellor and treasurer, to meddle with nothing whereinto they had interest. When it was past the seals they pressed him to accuse me. He told them he had made diligent search of the registers, and could find no matter ; if any of them would inform him against me, and set their hands to the information, he would accuse me as he promised : otherwise to misinform the King without a warrant, and succumb in the probation, he thought it neither the part of a wise nor honest man. They being disappoint- ed of the pleasure they conceived, to see the one of us ruin the other, whom they equally hated, were so far incensed against him, that at a convention of the estates, which was shortly thereafter, they stirred up some of the estates to complain upon him for purchasing a com- mission to execute penal statutes, and made him so odious that he was forced to give it over ; yet, by the help of his good friends, he got good satisfaction from his Majesty." Lord Napier records another curious anecdote of the dishonesty of Scotch factionists, and of the effront- ery with which they harassed and deceived the King. ft His Majesty (he says) — being possessed that the lease of Orkney was given to me upon trust, not only to pay the whole rent to the King, but also all benefit that should accress to me as taksman, — while I was at court, had given command to one {whom, I do not know, nor could ever learn, although I used extraordinary impor- CHARLES I. AND SCOTCH COUNCILLORS. 33 tunity with the King for that purpose,) to repare to me, and will me, in his Majesty's name, to surrender the lease of Orkney to the King. The party never came to me, nor told any hotly else that he had such commis- sion from his Majesty to me. But after I had kissed his Majesty's hand, and taken horse for Scotland, he framed this answer to the King, as from me, that I would stand out in law against his Majesty, and that in justice the King could not take the lease from me. How soon I knew the cause of his Majesty's displeasure against me, I sent a power to Sir William Balfour to make the surrender, to whom the King expressed his anger against me in great measure. When I came up I found his countenance altered, and therefore desired the Marquis of Hamilton to procure me access and hearing, which for a long time he could not obtain, be- cause (said the King) ' he will not surrender his lease of Orkney to me.' But the Marquis affirmed that I was come up for that purpose, which the King would not believe, so strongly was he possessed of the contrary, and would not admit me till I surrendered. Where- upon the secretary was commanded to draw up a sur- render. But he, loath that that way should be made open to me to recover the King's favour, excusing him- self, alleged the surrender must be legal, and drawn up by the King's Advocate, who sent up one which he knew I would never agree to, for by it I was only to surrender 7000 marks, payable to me by my subtaxs- man, and remain obliged to pay yearly 45,000 marks to Nithisdale, to whom the King had given the duty of Orkney. This by all men was thought so unreason- able, that the secretary was forced to draw up a total surrender, as well of the duty, as of that the subtaxs- man was to pay me, and that (in express terms) for all vol. i. c 34 INTRODUCTION. times to come, to which I put to my hand. This 7000 marks was given to Annandale,* who, not content there- with, foisted into his grant a term's duty of the same before my surrender. Then did they begin their calum- nies afresh, without regard of truth or honour ! And to countenance the matter the better, the Lord Treasurer was sent for by them, (a man of great age, and lame of his leg, and went upon crutches,) assuring him that they had prepared the King so, and given him such im- pressions of me, that there needed no more but his pre- sence to turn me out. Mar was not slow to undertake such a journey to that end, and in the midst of his journey got so shrewd a fall, that for many days he was not -able to stir; yet at last went forward, so impla- cable and malicious he was of nature. In the meantime all the terrors of the world were given me, — that the King would send me home to be tried where my ene- mies were to be my judges, — that I should not only want my fees, pension, and place, but the King's fa- vour, and my own honour also, — and, as a delinquent and criminal, be warded in the Castle of Edinburgh, and deeply fined ! Neither did they stick to lay this im- putation on the King's justice, that the King was resolv- ed to dispossess me of that place, and a fault must be found, though there were none, to excuse the King in that point. Upon no condition could I be induced to hear so much as an offer, till my reputation were clean- sed from all their foul aspersions." Napier adds, that Sir James Baillie left no means untried to obtain the place of treasurer-depute, and made interest with Lord Loudon, (here characterized as " my friend, a wise * Sir John Murray, of the bed-chamber of James VI., by whom he was created Viscount of Annand, and Lord Murray of Lochmaben, and afterwards Earl of Annandale. He died in 1640^ CHARLES I. AND SCOTCH COUNCILLORS. 35 and honest man,")* and Mr John Hay, to speak to Na- pier on the subject. ' I (says the latter) spoke thus to Mr John : ' I have served the King's father and himself long, yet to serve him against his will, I will not. Let Sir James use his friends to move the King to tell me that it is his will to be served by another, then I will treat,' — but, I thought in my mind, never with him, ' The King,' says Mr John, ' will never do that.' ' Then,' replied I, ' do you think it fit for me to give the King his leave, as we say, before he give me mine ? I know not where to find so good a master ;' and not being able to indure any longer the ambition of so base a fellow, I desired Mr John to tell him, that I was a better friend to him, than he took me to be, in not treating with him, for if he were in that place he could not hold up his hands, and would be hanged it may be within a year." Hearing that the old Earl of Mar was on his way to court, Napier determined to come to an explanation with the King himself, and having obtained an audi- ence, " told his Majesty how unjustly I was dealt withal in Scotland ; that I, who was to pay other men their fees and pensions, could get none of my own, which, I said, was very strange, if it were not by his Majesty's command or allowance ; which his Majesty disclaimed with an oath." The following characteristic dialogue then occurred. Napier. " Sir, your Majesty has been hardly pos- sessed of me, a long time, by sinister information, and I am not conscious to myself of so much as a thought other than becomes a faithful servant. * The same who became Chancellor of Scotland when Argyle was disappointed in the scramble for offices in 1641. It may be doubted if Lord Napier would have given him so good a character, had the above been written after the Rebellion had commenced. 36 INTRODUCTION. The King. " No? Did not you refuse to surrender your lease of Orkney to one who had commission from me to demand it to my use ? Napier. " Truly, Sir, never man demanded it of me, neither did I know that such was your pleasure till I heard in Scotland of your Majesty's anger for my re- fusing. The King. " Did not you say to him that you would stand out in law against me, which is also under your hand ? Napier. " Do me the favour, Sir, to-let me know to whom your Majesty gave that commission, and confront us before you, and I doubt not to make him confess that he has abused your Majesty with an untruth ; and if any such thing can be shown under my hand, I will not only give the hand, but the head also to be strick- en off. " Then did I press with importunity to know this fine commissioner ; but His Majesty by no means would do it. The King. " It is enough, I am satisfied, and do not believe it. " Then did I tell His Majesty what storm was pre- pared against me at my Lord of Mar's upcoming, that I desired no more but impartial hearing, and protection if my cause were honest, which he graciously promis- ed, and thereupon gave me a kiss of his hand. " Some two or three days after my Lord of Mar's ar- riving at court, they altogether, and singly when they had opportunity, vexed the King with their calumnies, urging him to send me home to be judged, a point which they laboured by all means, * so that the King, for his * This we shall find was also at all times a great object of the cove- nanting faction, namely, that the King should put those whom they ac- cused into their merciless hands in Scotland. CHARLES I. AND SCOTCH COUNCILLORS. 37 own quiet, was, I may say, forced to send Sir Archibald Acheson, the other secretary, to me, (for my Lord Stir- ling excused himself upon the hate I carried to him,) to tell me that there were many informations against me, therefore desired to know whether I would stand to my justification, or submit myself to him. I answer- ed that I was much bound to his Majesty, and would myself give his Majesty my answer, and, I doubted not, satisfaction. Which Sir Archibald having reported, I put myself in the King's way the next day when he was going from dinner. He beckoned to me, and I followed him into his bed-chamber, and being alone with him, — Napier. " Sir, I have received your pleasure by Sir Archibald Acheson, and humbly thank your Majesty for having given me a choice to stand to my justification, or submit myself to your Majesty. I will not, Sir, absolute- ly justify myself before God, nor before you. Your Majesty might have had a servant of more eminent abilities, but never a faithfuller nor more diligent, nor better affected. And as for submitting myself to your Majesty, if my life or estate were in question, I could lay them both down at your feet ; but this is my ho- nour, (dearer to me than both,) which loses by submit- ting, and cannot be repaired by your Majesty, nor any King in the world. " The words at first seeming sharp and brusk, he mused a little, then burst out with these, — The King. "By God, my Lord, you have reason. " And withal he told me some of their informations. Napier. " Sir, their hate against me is for no cause given by me, and to most of them I have done real courtesies, but because I will not comply with them, nor give way to their desires, to your Majesty's prejudice. 38 INTRODUCTION. and your subjects, and for your Majesty's service and my undertakings in it. But, Sir, I desire no more but the most rigorous and exact trial that can be desired, so it be just, and your Majesty my judge, and that I be not remitted to Scotland, where my enemies are to be my judges, and where, if I were as innocent as Jesus Christ, I should be condemned. For the more exact the trial be, the more shall my faithfulness and integrity appear to your Majesty ; and I will not only answer for my own actions, but if wife, friend, or servant (who, by corrupt official's, usually are set out to be bawds to their bribery) have done wrong, I am content it be imputed to me. If I had cozened your Ma- jesty, and oppressed your people, and then made some men sharers in the prey, your majesty had not been troubled now, nor I thus persecuted, but had been de- livered to your Majesty for a good and faithful servant. " Then his Majesty promised that he would hear all himself, which was a point I desired much to gain, and did serve me afterwards to good purpose. Napier. " Then, Sir, be pleased to make these in- formers set down their informations in writing, and set their hands to it, and within three hours after I shall either give a punctual and satisfactory answer, or other- ways your Majesty may dispose of meat your pleasure. ' His Majesty was pleased with the course, and I took my leave. Immediately thereafter the Earl of Mar and the whole troop of my adversaries (who were waiting in the Earl's chamber till I should come from the King,) expected a surrender of place and all to the King, be- cause of the word satisfaction that I used to Sir Archi- bald Acheson. As they came down stairs slowly, be- cause of my Lord's lameness, * one said, this is like the * Of this John seventh Earl of Mar, Scotstarvet says,—" His chief de- CHARLES I. AND SCOTCH COUNCILLORS. 39 Lord Napier, who is going down by degrees. Another, as they were going through the court, told his friend that asked, that they were all going to give the Lord Napier the last stroke. In this insulting humour they came to the King, who told them that I affirmed all their informations to be calumnies, and that I would stand to my justification, and commanded them to set down their accusations and informations in writing un- der their hand, and to deliver the same to me to be answered. This, falling out far beyond their expecta- tion, astonished them a little, especially the Earl of Mar, who fell down upon his knees with his crutches, and, with tears, intreated the King to free him of my trouble, and that he could not serve with me, thus stirring pity to cause injustice. * To whom the King said, — light was in hunting, and he procured, by acts of Parliament, that none should hunt within divers miles of the King's, house; yet often that which is most pleasant to a man is his overthrow; for walking in his own hall, a dog cast him off his feet and lamed his leg, of which he died ; and at his burial a hare having run through the company, his special chamberlain, Alexander Stilling, fell off his horse, and broke his neck." * Among the manuscripts of the Advocates' Library, I find an origi- nal letter from this same Earl of Mar to James VI. in which he expres- ses the following opinion of the nobleman against whom he was now combining ; — "Most gracious Sovereign, I received your Majesty's let- ter of the 21st of October, shewing that ye have made choice of Sir Archi- bald Napier to be treasurer-depute of this kingdom, with the motives moving your Majesty to take this course. Since your Majesty hath so resolved, I shall in all humility obey your direction. As for the gentle- man, he is known to be both judicious and honest, and, as your Majesty writes in your own letter, free of partiality or any factious humour, and I, with all my heart, do wish that all your Majesty's subjects were as free of these two faults as I hope time shall make known to your majesty that both he and I are ; in which respects your Majesty hath made a good choice. For myself, my care and pains shall be nothing the less in furthering of your Majesty's service,in all things incident to that place which your Majesty hath honoured me with; and beseeching Almighty God to bless your Majesty with many happy days, I rest your Majesty's most humble subject and servitor, — " Mar." " Holyrood House, the 24th of November 1G22." 40 INTRODUCTION. The King. " My Lord, I would do you any favour, but I cannot do injustice for you. " For the space of eight days after, I was free of their persuit, so long as the King remained in Hampton Court, for the command to set down in writing under their hands did much amaze them, But every day they had their meetings and consultations how to overthrow me, and being ignorant of the King's promise to hear all himself, all their endeavours tended to get me re- mitted to Scotland, and then they were sure of their desire. His Majesty, having removed to TheobalPs, asked the secretary if the informations in writing were delivered to me, and commanded it to be done instant- ly. This put them in some fear that the Lord of Tra- quair * and his friends had procured this, (who was one expecting the place if I should have been put out of it, and a man of another faction than Menteith and the secretary,) and, therefore, by the Earl of Carrick they most earnestly dealt with me afresh to treat with Sir James Baillie, adding great promises, but with the like success as before. The secretary then sent me the informations, inclosed within a letter of his own to me, shewing that it was his Majesty's pleasure that I should send the answers to him to be delivered by him to the King : but I would not do so. When I opened the articles of accusation I found no hand at them, but written on a little piece of paper, so near the end there- of as not one letter could be written more, of purpose that, if the King should urge them to set to their hands upon a sudden, they might gain sometime, in writing them over, to consult upon the matter. I presently drew up the answers, and on the morrow I told his Majesty * The same who was afterwards treasurer, and fell a victim to co- venanting persecution. CHARLES T. AND SCOTCH COUNCILLORS. 41 that I had received these articles, and that there was no hand at them. The King. " That is all one ; you know the mat- ter now, and may answer it. Napier. " Sir, there is no judicature, civil nor crimi- nal, can be established without these necessary mem- bers, a judge, a pursuer, and a defender. True it is in Scotland, in the factious times, men were called in without knowing either crime or pursuer, which they called super inquirendis, but that barbarous and unjust custom was abolished, by your Majesty's father, by an express act of Parliament yet standing in force. I hope your Majesty will not introduce it again, and make me the precedent of it. The King. " If it be so, they must set to their hands, and shall set to their hands. Napier. " Upon my allegiance, Sir, it is so. But I believe they will never do it, not for fear of me, but, knowing in their consciences that they are mere forg'- ed calumnies, they know they shall succumb in the pro- bation, and then they fear your just displeasure. Be- side, Sir, they think your Majesty will not deny me place to recriminate them, after I am cleared myself, and then they know they cannot come fair off. But, Sir, do me the favour to press them to subscribe the articles, and if they refuse, yet, for your Majesty's satis- faction, I shall answer punctually, and deliver the an- swers into your own hand. " The King was well pleased, and indeed pressed them to subscribe. But they having met, and each of them putting the accusation upon another, and Sir James Baillie objecting their promise to accuse me, to some of greatest place for onerous causes, no man of all that great number, great nor small, was found that durst set to their hand. Such force hath truth !" 42 INTRODUCTION. Napier, however, put in writing an articulate reply to each charge, and after explaining in the most satis- factory manner every circumstance upon which a ca- lumny could possibly be founded, thus concludes, — "Nei- ther hath there any thing been done by me but that for which I have your Majesty's warrant, your father's, the council's warrant, or that which by the duty of my place I ought to do. My humble suit, therefore, is, that your majesty will be pleased to judge of these things by your oivn wisdom and justice, to which, only, I ap- peal; or otherwise to free me of these calumnies by your majesty's declaration of my honest and faithful be- haviour, as your Majesty hath already done by your gracious letter to the exchequer, that I may be the bet- ter encouraged to do you service." This defence he presented to Charles, and the result is curiously cha- racteristic of the times and the actors. " My enemies," says Lord Napier, " refusing to subscribe the informa- tions given by themselves, both by word and writ, to his Majesty, gave me a great deal of advantage in the King's and all other men's opinion. Yet ceased they not still to persecute me. So bold were they in their ac- cusations because no man was punished for any calum- ny, or the worse liked, out of a bad impression given to the King that, if he punished any such, he should not get knowledge of the estate of his affairs, no man daring to do it unless they were able .to prove it clearly, which, although true, could not always be done. My adversaries, being ignorant of his majesty's promise to hear all himself, and being oft refused, when they de- sired him to remit my trial to Scotland, without know- ing the cause, drew up a letter commanding me to be tried before the Council of Scotland, which letter they foisted in among other letters, and stole the King's hand 4 CHARLES I. AND SCOTCH COUNCILLORS. 43 to it, whereof I came to the knowledge after this man- ner : Sir James Baillie, who had tried many ways to make me transact with him, and all in vain, did try this too. He said to Alexander Auchmowty,(my friend,) ' I am sorry for the Lord Napier's wilfulness, and more sorry that I should have had any hand against him, which my Lord of Mar induced me to do, for now he is now all utterly undone ; he is to be sent home to Scotland, to be tried by his enemies, and if he doubt of this, I shall let him see the King's letter with his hand at it to that purpose.' Alexander stopt there, and I held my peace. ' But (said Alexander,) Sir James says, if you will be content to deal with him, he will under- take, by the help of Menteith and the secretary, that you shall come fair off with honour and profit.' Hav- ing discovered Sir James's meaning, I bitterly refused dealing with him. Yet did I not slight the advertise- ment, and, after enquiry, found that there was such a letter past the King's hand, and to be sent down to meet me in Scotland, whither I was going. Then was I much moved, and waited upon an opportunity to tell the King, which they perceiving were much qffrayed, and sent Sir Alexander Strachan to accommodate the matter, who promised in their names that that lefter should be riven in my presence, if I would be quiet for that time, and another (because I was going home) of my own penning should be signed by the King, where- of I was content, knowing by experience how bold these men were with the King, and how little he resented it* Then Sir Alexander delivered me the letter to be riven, * This unfortunate nature of the King's, which rendered him totally unable to cope with the turbulent and dishonest spirits of his age, and whereby his enemies triumphed, his friends were sacrificed, and himself destroyed, we will find most fatally exemplified in 164? 1, when Montrose and Napier were in prison for their attempt to save his prerogatives. 44 INTRODUCTION. but because I saw the King's hand, I refused to rive it, and he did it. And because I would not seem to avoid trial, I drew my letter thus : * Whereas divers infor- mations have been made to us against the Lord Napier, it is our pleasure that you receive any thing concerning them that shall be given in to you, and thereafter send up the Lord Napier, together with his accusers, to us, to receive our determination, and that this letter be regis- tered ; in the meantime, the Lord Napier to enjoy his fees, pensions, and full exercise of his place.' My ene- mies speeding no better at court, gave out that what- ever warrant I gave out should not be answered, as in- deed I found by proof: I asked my arears, — I could have no part of them, the treasurer had forbidden the receivers to pay me ; I asked an account of their de- bursing the King's money in my absence, — that was denied me, and all the use of the King's favourable letter was this, that it was registered not without difficulty, not- withstanding the King's command. Then the chancellor askedfor the articles of accusation, as if he had never seen them, which being produced he commanded to be put in the public register, (without any warrant from the King or council, and would not by any means register my an- swers to them,) there to remain for a dishonour and a stain to me, my house and posterity, to after ages who should not know that they were shamefully disavowed by the informers themselves, nor [that they were] an- swered by me, — an act of superlative malice ! I made an offer of the account of the fines received by me, — they would not hear it, nor yet give me out instruments of my offer when I asked them, which the clerk durst not give out according to my words, but framed in such terms as they set down to him. " At this time Annandale came to Scotland, and brought with him a letter from the King to the exche- CHARLES I. AND SCOTCH COUNCILLORS. 45 quer, commanding me, upon a wrong narrative, to pay him a term of the duty which William Dick was to pay me, and which was due to me long before my surrender, and most unjustly inserted into Annandale's gift, (although his Majesty had accepted my surrender for the time to come,) without any mention of what was due to me before it. And in case I refused to pay that term, warrant was given to the King's Advocate* to pursue me for all I had received from my subtaxsman during my lease and before my surrender. But the sense of this letter was extremely perplext and intri- cate, as all letters of the secretary's penning are, of purpose to leave open a way to the other party paying as well for it, to get another in his [the other party's] fa- vours, to which the former might be reconciled, in his construction, without contradiction, and to provide himself of a defence, if they should come to be examin- ed or compared before the King, which in clear words were not feasible ; and indeed the council was in no- thing so much troubled, as in finding out the King's mind in his letters, f (which ought to be clear, and ad- mit of no constructions but one,) and some causes have been debated, where parties have vied the King's let- ters, as in a play they use to do, one against the other. But leaving digression upon this subject, — which, for bribery at both hands, concussion of the people, and abusing of the King, no age can parallel, — I, finding that by this letter they had made the King my party, would not stand in judgment against him, but, how soon I was summoned, I offered to that term's duty of 7000 marks to Annandale, and made also a judicial of- * The celebrated Sir Thomas Hope of Craighall. f This method, too, of deceiving the King, enters deeply into the his- tory of his ruin. 46 INTRODUCTION. fer of it before the exchequer, and did give direction and a discharge to William Dick to pay it to Annan- dale. The offer was refused, and the discharge sent back by William Dick, who now had left me, and had correspondence with them. They would not suffer Annanclale to take it, but would needs go on with pur- suit against me for all I had received before my sur- render, which they ought to have done (by the King's letter,) only in case of my refusal to pay the term in question. The King's Advocate — a base follower of greatness, and maliciously eloquent — pursued me hard, alleging the lease was given me in trust, to bring- in improvement to the King, and that I had confessed it ; and he took out my answers to their informations, to prove his alledgeance, and read these words, — ' I never denied it, for I took it on condition,' — and there most unfaithfully would have staid, but I made him read out all, to his shame, * whereby the few indiffer- ent Lords that were, did detest his dishonest dealings. I was forced to answer for myself, for, by no means, could I procure an advocate to be admitted to plead for me, although by our law it is not denied in any case, even in treason, to any. So long as he kept off the point of law I answered sufficiently ; but when he came to dispute in law, I would not answer, but would be absent, against a professed lawyer. Whereupon at * The clause in Lord Napier's answers, alluded to, is as follows : " It is alleged that the lease was entrusted to me, — I never denied it, for I took it upon condition to surrender when, and upon what terms, your majesty should be pleased, and that then the improvement might come into the exchequer. But that I should advance great sums of money, and be liable to the yearly payment of 45,000 marks, (enough to have un- done my estate, if one evil year had come, or if my subtaxsman had bankerouted,) without all hope of advantage or recompense, — I will never conceive to be your majesty's mind, in which nothing can harbour con. trary to justice and^equity,'' &c. CHARLES I. AND SCOTCH COUNCILLORS. 47 last, [they] being ashamed to do otherwise, I got leave for Mr Lewis Stewart to plead for me, who performed his part so well, as closed the Advocate's mouth from uttering law or reason, but never from breathing out idle words. So the Lords seeing nothing could be done to my prejudice, did refer all to the King, and would not absolve me as they ought. Shortly after, the Earl of Mar, finding that I could not be remov- ed, made a privy transaction for his own place with the Earl of Morton, without the knowledge of those who assisted him in the pursuit against me, whereby he became disabled to work their ends, Who therefore were much displeased with him, espe- cially Menteith, with whom, as he alleged, he (Mar) had handsomely equivocated, promising that he should pay to him a precept of L. 5000 Sterling before Pasche, if he were treasurer, before which time he had resolv- ed to quit the place. This gave occasion that Menteith and I entered on some better terms of correspondence, but had still his variable and inconstant humour in sus- picions. This friendship was confirmed by Sir Richard Graham of Eske, who made us interchange promises of friendship, assuring us that on whose part the breach should be, he would bear witness against him. One particular promise he desired of me, that I should not transact with Traquair, for my place, without his pri- vity, as Mar had done with Morton. For Traquair dealt fairly with me, and if my honour had not been in ques- tion I would have concluded with him.* I answered that I would transact with no man, unless his Majesty expressed his pleasure to be so. There was nothing I * Lord Traquair got the place, and from that was promoted to be high treasurer, in which office we will again discover him enduring a worse persecution, from the covenanting faction, than Napier had .suffered. Of this nobleman Napier entertained a good opinion, as appears from vari- ous passages in his manuscripts. 48 INTRODUCTION. more desired in my secretest thoughts than to be fair- ly rid of that place, long before my trouble, for after my wife died, (a woman religious, chaste, and beautiful, and my chief joy in this world,)* I had no pleasure to re- main in Scotland, having had experience of the chief of [the Lords of] Council and Session,! and of their man- ners, to which I could never fashion myself, and con- sidering the place I held could never be profitable to a man that had resolved fair and honourable dealing." That the King's Advocate could countenance se- cret meetings for organizing sedition, — that the gentle- men of the King's bed-chamber were capable of picking his Majesty's pockets, in order to make themselves mas- ter of his private correspondence, — that the nobleman whom Charles trusted above all others was constantly betraying him to his enemies, — these, and other myste- rious anecdotes of the rise and progress of the covenant- ing faction, do not appear so incredible after reading what we have extracted from Lord Napier's manu- scripts, and still less so when we find, by the following, how very low Scottish noblemen could stoop, in false- hood and treachery, to attain their private ends. " At court, Morton, Roxburgh, and the secretary made up a faction and agreement, wherein the Earl of Menteith and the chancellor were comprised, whereby they, who had wont to cross other, should now serve others turns, and monopolize to themselves the King's favour, to his and his subjects' heavy detriment, nobody * There is an original picture by Jameson, of Lady Margaret Graham, in possession of the present Lord Napier. The date upon it is 1626, con- sequently she must have died betwixt that year and 1630, the year of the transactions to which Lord Napier refers in the passages quoted above. •j- Napier had been a privy-councillor since 1615; in 1623, he was Justice- Clerk, and an Ordinary Lord of Session; in 1626, an Extraordi- nary Lord of Sessiom CHARLES I. AND SCOTCH COUNCILLORS. 49 being then to oppose their proceedings but myself ; for Nithisdale was discarded (after the death of my Lord of Buckingham, whose near cousin he had married,) by means of his religion (averse from that professed by the state) and the greatness of his debt. Therefore they thought it now more necessary than before, that I should be removed, whom they thought to be of such in- vincible integrity, as they were never able to make me comply with them in their intended courses. This plot being ripe, Menteith was sent for by the secretary, but he had before so much employed his friends in caution- ary that now they began to fail him, neither was his own name of any credit with moneyed men. Having no other means, he intreated me to take up 6000 marks for him, which I did in my own name, and took his bond of repayment. He vvent to his journey, and pro- mised that, if he took any course with them, I should be comprised within the agreement, (adding many oaths, whereof he was never sparing,) whereof I was most un- willing, as being contrary to my ends, who lay in wait for a fair occasion to leave the place, yet seemed to be well content, to make proof of him. When he came to Court, the first article of agreement was proposed that by all means I should be removed [from my place] which he undertook I should leave to Traquair upon most easy terms, (for Baillie's nose was out of joint, my Lord of Mar being no more treasurer,) which they thought feasi- ble in respect of the new friendship betwixt us. To effec- tuate which, and thereby to endear himself to the new fac- tion, he told the King that I was desirous to give over the office ; and, I believe, told the King also (for to all the Court he did) that he had commission and power from me to that effect, which was most false. To the which the King gave way, as being my own desire, and VOL. I. D 50 INTRODUCTION. then was moved to make a promise of it to Traquair, by this new faction of which he was one. And Menteith coming to Scotland, a letter was purchased from the King, after the usual obscure style, whereby he would have made me believe that it was the King's pleasure that I should give way to Traquair, and, to that pur- pose, that I should transact with Menteith, although the letter in my understanding contained no such mat- ter, but was his Majesty's answer to a suit of mine, wherein his Majesty wrote that he had imparted his pleasure, concerning my desire, to the Earl of Menteith. This letter was kept up long, of purpose, till the new treasurer, Morton, should come home, who was upon his journey ; but Menteith would have had me take his word upon if. But I desiring nothing more (although I pretended the contrary) than that the King would have expressed his desire to be that I should leave the place, (for then with honour, profit, and the King's good will, I might treat with them,) made Menteith this an- swer, that the letter contained no such thing as he gave out, and that I would not treat with him, nor no man else, till from his Majesty's own mouth his pleasure were delivered to me to that effect. At this answer he was extremely moved, and being immoderately earnest with me afterwards, and, nevertheless, not being able to effectuate any thing whereof he had made so large promises to them at Court, gave them advertisement, and they dealt earnestly with the King. For this com- bination had now undertaken the whole government here,* under the King, and great hopes given, and great promises made of excellent service, only, they told the King, that his service would be still hindered by my * i. e. Of Scotland. CHARLES I. AND SCOTCH COUNCILLORS, 51 opposition, and at last won him to think it expedient that I should remove. "About this time (1630) the treasurer Morton came from Court, and finding that I was not to be dealt with, the chancellor, Menteith, and he, to make me loath the service, (which in my secretest thoughts I did long ago,) undertook a business no way honourable for them, and which hereafter might prove dangerous if any of them should happen to fall from the King's favour. There was, after the death of King James, a commission of Exchequer sent down by his Majesty now reigning, un- der his hand (for by the death of his father all former commissions expired) and left undated, to those who were of the former ; the manner of which commission is this : The King signs a commission in paper, which thereafter is ingrossed in parchment, translated in La- tin, and the King's Great Seal appended to it, and the paper under the King's hand is kept for a warrant to the Great Seal. This commission in paper under the King's hand being sent down, and being defective, or at least the King's Advocate would have it to seem so, because it was not drawn up by him, was not passed the seals, but kept by him, the chancellor, or secretary, and another sent up of the Advocate's penning, which being sent down again signed by the King, was passed the seals, which was the warrant of all the Exchequer's proceedings six years after. The old unpassed sig- nature of commission they took, and where these words ■ treasurer or treasurer-depute' occurred, (as they did very often through the body of the signature) they made Mr William Chamber, in a chamber of Holy- roodhouse, put a mark betwixt treasurer and treasurer- depute, before ' or,' and in the margin write these words ' in his absence,' so that it was to be read ' treasurer, 52 INTRODUCTION. or, in his absence, treasurer-depute,' and the word in the margin about five or six several times subscribed by Morton and Menteith. Besides, they inserted the date, ' White-hall, 28th June, 1630,' with new black ink, where all the rest was worn whitish, and it was torn in the foldings, which ocular inspection bewrayed the antiquity and falsehood of the same. So by this commission I was to do nothing, (directly contrary to my patent, and the purpose of the institution of that office) the treasurer being present. About twelve o'clock I got intelligence that there was a new commission brought down by the treasurer, Morton, and was at the seals. I presently went to the director of the Chancery's chamber, * who showed it to me, and said he mar- velled much how the chancellor durst append the Great Seal upon such a warrant. I viewed it as well as I could in so short a space. At two o'clock thereafter, the Exchequer convened, where, before the chancellor, lay this signature of commission, and the double in parch- ment in Latin, with the Great Seal thereat, together with two letters of the King's. We being all set, the chancellor gave the signature in paper to the clerk to be read, and the double in Latin with the seal, in parch- ment, to the King's Advocate to be collationed. The clerk had much ado to read it, it was so worn, being now made use of six years after it was signed by the King. But I, seeing two of the King's letters unbro- ken up, took no exceptions at the signature, (suspecting that they did contain something to supply the defects and informality of the signature,) till the letters were read, which contained nothing of that purpose. Then I rose up and said, — * Sir John Scot of Scotstarvet, whose curious though malicious ma- nuscript, entitled the " The Staggering State of the Scots Statesmen," is preserved in the Advocates' Library. CHARLES I. AND SCOTCH COUNCILLORS. 53 Napier. " My Lords, this is a strange signature, and such as I never saw — (and was going on, my Lord Morton interrupted me, and rose from his place in a great anger, saying,) Morton. " The first day that I have the honour to sit here, and carry this white staff, I must hear my honour called in question impertinently. Napier. " My Lord, I do not call your honour in question pertinently nor impertinently, neither is it my custom towards any, although some men have done so to me. Chancellor. " By God, but you have. * ("When I spoke before the Lords in Sergeant Walthew's business my words were, that that business was report- ed to the King, by men ill affected to me, except one ho- nest man, Sir James Fullarton ; the chancellor would conclude, against himself and the secretary, that I said they were not honest, by consequence which gave him occasion to answer me so bruskly as this time.) Napier. " But my Lord, give me leave to answer my Lord Morton first, and then you when you please. * We shall have to notice presently an anecdote of this gouty old nobleman's choler directed against the King himself. Before the above scene, Napier having obtained an order from the King, upon the chan- cellor, to see certain accounts for furnishing to his Majesty, standing be- twixt Napier and Walthew, called in and cancelled, — " the sergeant pro- duced the contracts, and the chancellor would fain have picked some- thing out of them to my disadvantage. Then said I, I acquainted the King (as indeed I did, and his Majesty remembered it,) with the manner and matter of this bargain. To which Sir James Baillie replied, that the King knew it not till it was questioned ; and I not being able to contain myself, said, that it was not like his bargains, and [that of] his accompli- ces, in the King's service. At which the chancellor was so furiously mad, ((or it touched him,) that forgetting himself, and me too, he commanded me out of his chamber, which I would not do ; the chamber was none of his, but a borrowed one, and within the King's house, whether I went by the King's command." — Lord Napier's MS. 54 INTRODUCTION. My Lord, (turning- towards Morton,) your Lordship is very hot with me, but be assured there is nothing done amiss which concerns either the King's service, or me in my particular, that I will stand in awe of any man to question. Morton. " This was done by the King's direc- tion, and we will answer it. Menteith. " My Lord Napier, you are so passion- ate in your own particular, that you will not forbear to question what the King commanded ! For his Ma- jesty stood by while it was done, and we will answer it. Napier. " If it had been the King's direction, why would you not bestow upon him a clean sheet of paper, and ingrossed these marginal notes of yours in the body of the signature, rather than made use of this old torn thing ? Then needed not the signature, with the King's hand at it, receive validity from yours upon the mar- gin. " But he, that never was ashamed to do or say any thing, still affirmed that his Majesty stood by till he saw them subscribe, and that it was his direction ! Napier. " My Lord, I marvel that you are not ashamed to say so. Let the Lords look the date with a blacker ink than the rest, ' at White-hall the 28th of June, 1630;' — then you were there, you say, with the King ? Your Lordship has ridden fast, for you were here, and presided in council, the 29 th of June 1630, to verify which, I desire that the clerk of Council's book of sederunt may be produced, and, my Lord Morton, your Lordship set out of London before him. " Menteith, being convinced of a manifest untruth in presence of all the Lords, was so confounded and sur- prised with it, that he made this answer, nothing to the purpose, — CHARLES I. AND SCOTCH COUNCILLORS. 55 Menteith. " My Lord, I brought not the signa- ture home. " All this while the Lords were silent, hung down their heads, and were ashamed on their behalf, and even the chancellor himself sat mute. When the signatures came to be compounded, my Lord Morton used me kindly and familiarly, asked my opinion con- cerning the composition and nature of the signatures, so that it was by all clearly perceived that he repented himself, and was ashamed of the business, whereunto, by all appearance, he was induced by the other two, for in his own nature he is noble and generous. I ask- ed the Lords if I should subscribe the signatures, (of purpose to set before their eyes the inconvenience of this stained commission,) ' for the Lord-Treasurer is present, and, by this fine commission, I am only to serve in his absence.* Then said the Chancellor, ' you ought to subscribe with the rest.' At this time there was a warrant presented of 5000 pounds Sterling to my Lord Morton. ' Then (said I,) my Lords, what shall be done with this. My Lord Morton cannot set his hand to his own business, and I cannot, because he is present, and without one of our hands it is not receivable in chequer?' To which I had no answer. ' But (said I,) if my hand can serve the Earl of Morton, he shall have it with all my heart, for no man will grudge at any thing the King bestows on him.' Perceiving then that this device was not like to take effect, they began them- selves to find fault with the commission, as defective. These passages being related to the King, (for Kings have long ears.) he disliked these proceedings, as I am informed, extremely. Yet such was the hopes of the great service this combination was to do, (which to this hour did nothing but to his heavy predjudice, and their 56 INTRODUCTION. own profit,) that he was content to take no notice of it. " I resolved then to go to court, and, some days be- fore I went, Menteith sent up his man, Mr Henry Drummond, with a letter, drawn up by himself and the secretary, and sent up to the secretary's son, who wait- ed there in absence of his father, who was in Scotland, the contents whereof were to stay me by the way, or to command me to return again into Scotland. This letter was to be signed by the King, and Mr Henry was to meet me upon the way, and to deliver it to me. I rode on my own horses to Berwick, and purposed to send them back, and take post there, where the post- master told me, (having asked who rode last,) that Mr Henry was gone up post, and told him he was to ride night and day, and was very shortly to come back. Upon which I conjectured that he was sent up to pro- cure my stay or return, (as indeed he was,) upon some misinformation. Therefore, to prevent their purpose, I changed mine, and upon my own horses rode on the western way, where no post lyeth. " The secretary's son having presented this letter for my stay, for the King's hand, his majesty threw it away, saying, this man hath suffered enough already ; and in place thereof made him write another to me, most gra- cious and favourable, which he signed. This letter was given to Mr Hary Drummond to be given to me, but he gave it to his master, (who then was on his journey,) with the copy thereof sent down by the secretary's son, which by no means I could ever come to the sight of, although I got knowledge of the tenor afterwards. How soon I came to Court I had speech with his Ma- jesty concerning these businesses, who said, that he could not but acknowledge my good service, my honesty, and integrity, but that he was informed that the prin- CHARLES I. AND SCOTCH COUNCILLORS. 57 cipal officiars and I could not agree, whereby his service was hindered. Then desired I his Majesty to try whose fault it was, — theirs, who wentabout matters prejudicial to him and the country, or mine, who opposed them out of duty to God, and to him. But not daring to insist further in this point, fearing lest the King should have resolved to continue me in that service, which was con- trary to my desire, took the opportunity, — ■ Then, Sir, since they have made your Majesty think that Lhinder your service, I will not be refractory to your Majesty's desires ; but your Majesty is a just King, and cannot take that place from me but by consent, or for a crime, and as for a crime, if your Majesty be not satisfied with what is past, I will refuse no further trial, how exact soever, being just, and your Majesty judge' '* Then the King, having used many favourable words acknow- ledging my faithful service, willed me to speak with Men- teith,who, he said, was my kinsman. ' Truly, Sir, (said I) he is my kinsman, but was never my friend, and certainly, he and I shall never agree.' — ' Then,' replied the King smiling, ' he will take it for a disgrace if he be not the doer of it.'—' Then (said I) I shall talk with him.' " f * Mr Brodie has written voluminously on the subject of Charles L, without, seemingly, having formed a just idea of him as a King or a man. It is truly preposterous to attempt to persuade the world that Charles was a monster of despotic cruelty, — capable, for instance, of is- suing an order for the private execution without trial, (i. e. murder) of a nobleman in prison. We shall find that Lord Napier, and indeed every one accused, and conscious of innocence, felt perfectly safe if the King was permitted to be the judge. f The result was, that Traquair was at first joined with Napier as joint treasurer-depute, " without fee or pension, of which he was glad, or seemed so, and took a kiss of the King's hand upon it. Menteith and the secretary (Stirling) did exceedingly please themselves with tins de- vice, and did every where proclaim it, arrogating so much to their own judgment and dexterity as was hateful to every wise man. And indeed they were in nature not unlike in this, that no living man was ever more 58 INTRODUCTION. It was amid such an atmosphere of petty but dis- tracting factions, that Charles the First passed the short period of his reign which, at the time, was the admira- tion and envy of Europe for its apparent prosperity and repose. Even the few pages of secret history we have quoted, besides affording some instructive views of the characters of Scotch councillors and courtiers, suggest reflections not unfavourable to the King. The scenes are during those few years immediately preced- ing the revolt of Scotland, when, says Clarendon, " Bri- tain enjoyed the greatest calm and the fullest measure of felicity that any people in any age for so long time to- gether have been blessed with." Butwesee how small was vain-glorious than they both, but different in the expressing of that hu- mour. For the secretary was a gross and downright flatterer of himself, and drew all discourses from their proper subject to his own praise. Menteith did the same, but, as he thought, more subtily, but indeed so ridiculously as gave matter of mirth to all those to whom it was related." — Lord Napier's MS. These portraits are worthy of the pen of Clarendon ; indeed, had Napier survived the troubles, and completed his history, he would have been the Scottish Clarendon. His kinsman Menteith, whom he brought to such shame, was a very conspicuous person. Before 1628 he was invested with the offices of justice-general of Scotland, presi- dent of the privy-council, and an extraordinary Lord of Session. He was William Graham seventh Earl of Menteith, and lineally descended from Robert II., to whose eldest son by Euphemia Ross, David Earl of Strathern, Menteith was served heir, which service was ratified by the royal patent, 31st July 1631, authorizing him to assume the title of Earl of Strathern and Menteith. At this time it was supposed that Euphemia Ross was the first wife of Robert II. (and not Elizabeth More, subse- quently ascertained to have been so,) and the pretension to the crown of Scotland, involved in this service, was suggested to Charles, especially by Drummond of Hawthornden, as dangerous to his crown, Scotstarvet says, that when Menteith renounced his claim to the Crown he did so under reservation of his right of blood, and boasted that he had the reddest blood in Scotland. Accordingly his titles were all set aside in 1633, and he deprived of his offices and confined for a time to his own isle of Menteith. But when divested of his other titles, the Earldom of Airth was conferred upon him. It was his eldest son, Lord Kilpont,'^who was so basely murdered in Montrose's camp, immediately after the battle of Tippermuir, by Stewart of Ardvoirlich. DIFFICULTIES OF CHARLES I. 59 the share, enjoyed by the monarch, of that national ease for promoting which he has obtained the eulogy of the great Clarendon, though Mr Hallam will not admit that it was merited. * With domestic virtues, and private ac- complishments, infinitely superior to the age in which he suffered, we find this truly Christian King, — in the single item of settling claims and disputes among those leading Scotsmen to whom he looked for assist- ance in the government of Scotland, — .deceived, haras- sed, cheated, insulted and chafed, at the very time to which Mr Hallam alludes when he says, " we may acknowledge without hesitation that the kingdom had grown during this period into remarkable prosperity and affluence." . But if the King's own dispositions created none of this happiness, (the position Mr Hallam maintains against Clarendon,) neither, alas ! was it for the King to share. We suspect after all, that such con- temporary observers as Lord Clarendon in English af- fairs, and Lord Napier in Scotch, are safer guides to our estimate of the quality of the times, and the cha- racter of the King, than either Mr Hallam or Mr Brodie. This preceding Relation," Lord Napier says, " being- written in haste, and imperfect, many passages being omitted, for brevity's sake, which might have shown the iniquity of these times,f is nevertheless most true. And thereby thejudicious may perceive the formersettled man- ner of government shaken by frequent innovations in- * See Hallam's Constitutional History of England, chap. viii. f These omissions are much to be regretted. Had the Relation of Lord Napier comprehended all the history of " the iniquity of these times," and had he also exposed the iniquity of the times immediately succeeding the period of his Relation, (as, indeed, we are informed by Wisliart, that he actually did, in a" most elaborate discourse of the ori- gin of the turmoils in Great Britain,") such a history would have been a most valuable addition to that of Clarendon, who was but ill informed in Scotch affairs. 60 INTRODUCTION. tertained and practised, factions in Court and state a-foot, accusations, calumnies, and aspersions ordinary, and, which was worse, combinations, and hopes given thereby of great service to the King, without any perfor- mance, but, by the contrary, his Majesty's just and gra- cious inclination abused by misinformations, his ears blocked up and so straightly beleagured that truth could not approach them, — and all for their own profit and prejudice of the King and State, — the presence of ho- nest men, who could not comply with them in their ob- lique courses, so hateful that they could not endure it, and so bold, in consideration of the strength of their leagues, that they did not stick to falsify the King's hand, surreptitiously to steal his majesty's superscrip- tions, and to frame letters contrary to his meaning, and many other things of this kind."* So much for Charles's enjoyment of the repose of this pastoral period of his reign. In illustration of his share of its affluence, let us cull another story from Lord Napier's manuscript. "His Majesty intended a journey into Scotland, but no money being in his coffers there, Chancellor Hay made offer of ten thousand pounds Sterling, for his Majesty's entertainment during the time of his abode there, upon condition he might have the collection of the taxation, at which he ever aimed most earnestly for the hid pro- fit that was therein, especially the extraordinary, an im- position of his own invention. This galled Menteith, Nithisdale, and that faction, who left no means unat- tempted to cross the same. But it was still entertain- ed, no other appearing to offer a better expedient. They dealt earnestly with me to make offer of money, and * Sir Philip Warwick (p. 146,) also alludes to this method of deceiv- ing the King, during the correspondence betwixt his Majesty and the Marquis of Hamilton, when with his fleet in the Frith of Forth, in 1 639. 3 DIFFICULTIES OF CHARLES I. 61 promised to concur for the levying, alledging the trea- surer's indignity, and mine, if another should do that which belonged to our place. Little did their speeches move me, (who knew their ends,) and their promises less, assuring myself that, whoever advanced the money, the treasurer and I were to see it spent, and to order the entertainment ; and, esteeming the chancellor's ad- vancing of money no greater indignity to us than if it were done by a merchant, I never stirred till I under- stood, elsewhere, that the chancellor had sent to Scot- land for Sir James Baillie, and that their purpose was, the one by advancing the money, the other by making provisions, to thrust my Lord Treasurer and me out of all employment ; and, considering the avarice of the one and the ambition of the other, I was confident of my intelligence. Then suffered I myself to be persuaded by Menteith and Nithisdale, and the rest, and made offer to his Majesty of so much as should serve him dur- ing his abode in Scotland, telling that I did believe the Lord Treasurer would do the like, without other condi- tion than assurance of repayment, leaving the rest to his Majesty's good pleasure. He took my offer in very good part, commanding me to repair to him, within two days, for answer, which I did. Then he told me he would employ all the statesmen (of whom I was one) to take up the money, giving them assurance upon his rents and taxations. I did much commend his Majesty's pur- pose, and was glad of it, for thereby I was freed from the hazard of advancement of so great a sum, and the rights of our place not in the course to be impaired. To this effect his Majesty sent letters to the official's of estate who were in Scotland. This delay, together with the advice of the Lords, English and Scottish, did put off 62 INTRODUCTION. his journey till the next spring.* He went a progress, and I took my leave for Scotland. But, while his Ma- jesty was at Beaulie the answer of his letter came up, not only refusing his desire, but advising him to call a convention, and impose (I use their very words) a tax- ation : and, if his Majesty would need have them levy money, they thought it reasonable that every man hav- ing warrants, fees, or pensions out of the exchequer, (who, indeed, for the most part are poor, and have no other means to live) should bind with them for the money. At which his Majesty was much offended, as he had good reason, and did suspect that they had no mind to see him there. At this time Archibald Campbell being at Court was told of the letter by the secretary, who asked him where I was, and if I would yet un- dertake to furnish the King money for his journey. He answered that I was still in London, and was assured that I would do any thing I was able for the King's ser- vice.f This being reported to the King, Archibald Campbell was presently dispatched away with a letter to me. When I came, his Majesty told me that he re- ceived a most shameful refusal, and asked me what I would do for him. Nothing, Sir, (said I) less than I am able, and, if my friends who are to engage themselves for me shall see a sure way of relief, if ye want money ye shall blame me, but I will desire your Majesty to give commission to your officiars to order your enter- * This was the memorable coronation visit to Scotland, which, after many delays, the King effected in 1633. It was only less fatal to him than the next visit in 1641, when, in spite, as we shall find, of the zeal- ous exertions of Montrose and Napier to save him, his Majesty was vir- tually dethroned in Scotland. f Archibald Campbell was a brother of Sir James Campbell of Law- ers. He figures during the troubles as the confidential agent of the si- nister Argyle. DIFFICULTIES OF CHARLES I. 63 tainment, and if things be not orderly done, let your Majesty blame them, for I cannot take that upon me." After narrating his arrangements to carry this plan into effect, Lord Napier proceeds, "I went about the furnishing of such things as could not be con- veniently had in Scotland, specially the banquetting stuff, for which I agreed with Robert Walthew, sergeant of the King's confectionary, at ordinary rates, for ready money, (not daring to trust any other with that which was for the King's own mouth,) and, at Archibald Campbell's desire did offer the employ- ment under me to Sir James Baillie, of whom, because I shall have often occasion to name him, I shall once for all give his character. He was basely born, and had his education under a butcher, * — the height of his ability was to be clerk of a kitchen, — extremely ambi- tious, — and, to attain his ends, would give largely of that which he had got indirectly. This man did re- fuse it, (knowing, by long experience, that hardly should he make unlawful benefit where I was to look to him,) pretending disability, and a desire to retire from pub- lic services ; whereby I conjectured that he had some wicked purposes, as indeed he had, for within two days after he went to Scotland, possessed the Lord-Treasurer that I went about to take his place from him, and, per- ceiving the official's of estate to be so offended with me (for daring to undertake what they had refused,) that they resolved not to give way to any warrant I should bring down, conceived hopes that by their means I might be displaced, and himself succeed." * Napier mentions that Baillie had heen the bosom friend of the last treasurer-depute, Sir Gideon Murray, under whom he was a receiver, and most unfairly tried to oust his patron, that he might get the place, as he now tried by Lord Napier. He was treasurer of the navy, and, from Napier's account, a very dishonest man. 64 INTRODUCTION. In consequence of this mean intriguing of the Scotch factionists, — not for the " good of the state," but out of " spleen to the persons of men, and their own private interest," — this scheme, to assist the King with money for his long projected visit to Scotland, was frustrated, and the royal warrants which Lord Napier brought to Scotland were actually refused to be received. " Upon which," says he, " I resolved to go up to show his Ma- jesty what rubs his service had got in my person, that his service might not be disappointed, but that he might remove them, or take some other course in due time." On his journey, however, Napier was encountered at " Cobbrandspath," by Roxburgh, Archibald Camp- bell, and Sir James Baillie, who persuaded him to pause eight days on the road, until they should communicate with the Earl of Mar, with a view of accommodating matters. Then they brought the draught of letter to the King, for Napier to sign, so worded as to imply a voluntary resignation by him, in favour of Mar, of the employment for which Napier had obtained the royal war- rant to himself. " This (says he) not giving satisfaction, they persuaded me to go to Tuninghame to the Earl of Haddington, * who undoubtedly would find a temper of * This was the celebrated Thomas Hamilton of Priestfield, (a younger branch of Hamilton of Innerwick,) who was Lord Advocate in 1596, and President of the Court of Session in 1616, having been previously rais- ed to the peerage by the title of Lord Binning and Byres. In 1619, he was created Earl of Melrose, and some years afterwards Earl of Had- dington. Upon one occasion, when presiding in the Court of Session " in an improbation of a writ, which the Lords were convinced was forg- ed, but puzzled for want of clear proof, Lord Binning taking up the writ in his hand, and holding it betwixt him and the light, discovered the forgery by the stamp of the paper, the first paper of such a stamp being posterior to the date of the writ quarrelled. At another time a Highland witness in a cause, who had been hard put to it by his Lord- ship's interrogatories, meeting another Highlander who came to depone in favour of the same party, advised him to beware of the man with the partridge eye." — Preface to Forbes' s Collection of Decisions. Among Sir DIFFICULTIES OF CHARLES I. 65 mind to please us both. Where when I came he went about to persuade me to expunge these words, ' my name jointly with his,' as of no importance ; but I un- derstood the importance of them, and their intentions too, for certainly if any such letter had been sent by me, they would have used it as an argument of my un wor- thiness of that employment, who had so basely given it over." The result of this petty faction was, that both the Earl of Mar and Lord Napier were driven to re- sign their respective offices, before the King came to Scotland to be crowned . Throughout all the scenes which Lord Napier thus pri- vately recorded, (with no view to a defence or eulogy of the King, not yet embarked on the great sea of his trou- bles,) we look in vain for that Tyrant whom Mr Brodie has so laboriously imagined, and of whom he says, — " had this misguided prince even confined himself to the illegal and wicked device of extorting money from the subject, his conduct would have been less exposed to censure in civil matters than it necessarily was ; but his arbitra- ry and his capricious system of government reached departments where he seems to have intruded for the purpose only of proving the plenitude of his power ; the hackney-coaches in London offended his eye, and therefore he imposed severe regulations upon them, and restricted their number."* We pity the historian who has more sympathy for hackney-coaches than for James Balfour's manuscripts, in the Advocates' Library, there is an epi- taph upon this Earl, which we give in modern orthography. — Here lies a Lord, who, while he stood, Had matchless been, had he been Tbis epitaph's a syllable short, And ye may add a syllable to it, But what that syllable doth import ; My defunct Lord could never do it. * History of the British Empire, ii. 279. VOL. I. E ()6 INTRODUCTION. Charles I., and who, in his fatiguing" endeavours to prove that monarch a monster, enriches a history of the British Empire with such facts and exclama- tions as, — " What will the reader think of a pro- clamation prohibiting the use of snaffles, and com- manding that of bits ?" * Let it be our humbler but happier task to call attention to this trait of Charles, that when, for a factious purpose, the old Earl of Mar " fell down upon his knees with his crutches, and with tears intreated the King — thus stirring pity to cause injustice — the King said, ' My Lord, I would do you any favour, but I cannot do injustice for you;' — and that when a dominant faction, upon whom his Majesty felt entirely dependent in the government of Scotland, pre- sented, for his signature, a tyrannical letter against a faithful servant whose only power was his integrity, '< his Majesty threw it away, saying, ' this man has suf- fered enough already.' " But the subject of these noble expressions was not in- sensible to a weakness in the character of Charles, which was at the root of all that monarch's misfortunes. Mr D'Israeli quotes from the Sloane manuscripts a remark of St John, that " the truth is, the King had an unhappiness in adhering to, and unweariedly pur- suing, the advices of others, and mistrusting his own, though often-times more safe and better than those of other persons." Clarendon also says, " he had an excellent understanding, but was not confident of it, which madehim often-times change his own opinion for a worse, and follow the advice of men that did not judge so well as himself." These opinions were record- ed after the scenes of the great Rebellion had passed away. Lord Napier must have been a close and phi- losophical observer of the times, and of the King, to have * Vol. ii. p. 280. WEAKNESSES OF CHARLES I. 67 noted down, with a spirit of prophecy, reflections to the very same effect before those scenes had commenced. That Charles, though after the death of Buckingham he assumed the reigns of government, never shook off his early habits of dependency,— -that he placed a fatal reliance on the probity of certain Scotchmen about his person, who yet were so faithless as to steal his corre- spondence and turn it against himself, — that he was ever a slave to favouritism, so that the first false steps of his inexperienced government, the "unseasonable, unskilful, and precipitated dissolutions"* of his sour and ungene- rous parliaments, were to screen his favourites from popu- lar pursuit, — that his pious and patriotic intentions with regard to the church and state of Scotland turned to his ruin, from a too implicit reliance upon the rash policy of Laud, — all these circumstances are mournfully comment- ed upon by Clarendon, as having been instrumental in the wreck of empire that statesmen lived to deplore. But before the name of Covenanter was applied, or the Covenant imagined, Lord Napier had, in these dis- positions of the King, detected the sources of future evil. Among the fragments of reflections in his own handwriting, which time has spared, I find the following. ** A short discourse upon some incongruities in mat- ters of estate. ' 1. That churchmen have competency, is agreeable to the law of God and man. But to invest them into great estates, and principal offices of the state, is neither convenient for the church, for the King, nor for the state. t Not for the church, for the indiscrete zeal, and * Clarendon. \ Unfortunately Laud entertained sentiments diametrically opposed to the above, which it is interesting- to compare with a well known pas- 68 INTRODUCTION. excessive donations of princes were the first causes of corruption in the Roman church, the taste whereof did so inflame the avarice and ambition of the successors, that they have raised themselves above all secular and sovereign power, and to maintain the same have ob- tended to the world certain devices of their own for mat- ters of faith. Not to Kings, nor states, for histories witness what troubles have been raised to Kings, what tragedies among subjects, in all places where church- men were great. Our reformed churches having re- duced religion to the ancient primitive truth and sim- plicity, ought to beware that corruption enter not in their church at the same gate, which already is open with store of attendant thereat to welcome it with pomp and ceremony. " 2. Tutors and counsellors to young princes, next under God, have the fate of after-times in their hands. For according as the first impressions and maxims of government, wherewith these new vessels are seasoned, be solid and true, or subtile and false, so prove the times happy or miserable. " 3. To know men, their abilities, dispositions, and affections, is the proper art of princes, their most pro- fitable study, the abridgement of all good government. For, there being no public business which falleth not sage of Clarendon's, written at a later period. Laud " did really believe that nothing more contributed to the benefit and advancement of the church, than the promotion of churchmen to places of the greatest ho- nour, and offices of the highest trust. This opinion, and the prosecu- tion of it (though his integrity was unquestionable, and his zeal as great for the good and honour of the state as for the advancement and security of the church,) was the unhappy foundation of his ownruin, and of the prejudice towards, malice against, and almost destruction of the church." — Hist. Vol. i. p. 152. — The date of Lord Napier's MS. is probably soon after the coronation visit to Scotland, and when Charles imprudently raised so many churchmen to his councils, and invested Archbishop Spotiswood with the seals of that kingdom. WEAKNESSES OF CHARLES I. 69 within the compass of some office or employment, by this knowledge, though there were no other, the prince shall be able to furnish all offices with able and honest men, who doing the duty in their several spheres and employments necessarily concludeth a happy govern- ment of the whole. Such men are rich prizes, and the most precious jewels of the crown ; to take them upon hazard is a lottery, and recommendation is factious ; election upon knowledge is the best, and next to that is the common report and reputation, for, nemo un- quam omnes fefellit, neminem omnes Jefellere. * " 4. Absolute and implicit trust in whatever they do or deliver, without further inquiry, like blind obedience, neither religion nor wisdom doth allow ; for ipse dixit is a premiss necessarily inferring truth in God alone, — it emboldeneth men to deceive, — it maketh the servant great and the master contemptible, — indicium regis non magni, magni liberti,\ — for a prince, like a good horseman and pilot, should never let the reins and rud- der out of his hand. " 5. Kings are the formal warrant of justice betwixt subjects ; much more are they obliged to [be just] \ in their own deed. To countenance bad causes is most dishonourable to them ; of sovereigns they de- base themselves to be parties, vilifying thereby the prince- ly authority ; thereby, it may be, they get the love of the one, the dislike of the other, — a bad exchange, for injuries are written in marble, benefits in dust. Be- sides, all men find themselves interest in justice ; the stoping the course thereof, or perverting it, grieves every * No man ever contrived to deceive all the world, just as all the world never deceived any man. \ The Icings who magnify their slaves, forge for themselves a chain, And bloated minions near the throne bespeak a sickly reign. \ The words within brackets are here supplied conjectural! y, the manu- script being torn. 70 INTRODUCTION. heart ; wicked are those who move them to it, — like Dalila they cut their hair when they are asleep, and rob them of the subjects love, wherein their strength consisteth. " b\ To govern well, good counsel and sure informa- tion are requisite ; this is the ground of that, for no good advice can be given if the estate of the matter be mistaken. Of the two, true information is the most ne- cessary for the affairs of remote kingdoms ; for those businesses which require deep advice are managed there where the person of the prince resideth ; seldom do great matters occur in remote places, and where they do, the nature of the thing alloweth time of deliberation, (for great bodies have slow motions ;) there, if matters go in the ordinary way, all is well ; but, without true information, a prince can neither order things, com- mand, sign, nor direct anything aright. " 7. This is good for the King, ill for the people, good for the people, ill for the King, and contrarily, are in- congruities in speech, impossibilities in nature, and can- not be instanced ; they divide things indivisible, and separate what God has conjoined, and have wrought bad opinions in the minds of princes and their subjects in some parts of the world ; they are false though fre- quent, and are the eruptions and sallies from the minds of those evil spirits who walk betwixt a King and his people. For a King and his people make up one poli- tic body, whereof the King is the head. In a politic as in a natural body what is good or ill for one is so for both, neither can the one subsist without the other, but must go to ruin with the other. " 8. Princes' letters and laws ought to be clear and per- spicuous, without equivocal or perplexed sense, admit- ting no construction but one. For an obscure law alleged in any cause, gives occasion of more process, ORIGIN OF THE TROUBLES. 71 more dispute, and delay, than the cause itself; and an obscure letter makes the party, in whose favour it is conceived, to come up and require an explanation by a second, and his adversary to purchase a contrary one, (which may be done, where there is double sense and obscurity, without danger, the interpretation being al- lowed to the contriver, or at least may serve him for excuse, as being his error not his avarice* which can- not be where words run in a clear and genuine sense,) whereby the prince ******** + an d t \ iey ex _ tremely damnified. " 9. Wise princes love rich subjects ; for seditious commotions, nor insurrections, do seldom or ever pro- ceed from men who find themselves well in their pri- vate estates ; j: but they who are pressed with necessity at home are glad of any occasion or pretext to trouble the public quiet, and to fish in troubled waters to bet- ter their fortunes. Pernicious, therefore, is that advice to keep subjects low and poor the better to govern them. " 10. To protect faithful servants is a generous and princely part ; and [to protect] the guilty, too, against the pursuit of another that is powerful, may perchance seem to maintain a prince's prerogative ; but then he * See this explained in a passage of Lord Napier's Relation, ante p. 45. The value of the advice was verified in the sequel. In each fresh im- pulse given to the democratic movement, the covenanting faction ex- cused themselves, as a certain class of writers yet attempt to excuse them, upon some double sense alleged to be detected in the King's conces- sions. f Manuscript torn. X The needy Rothes was the father of the Covenant. He was bought off by the prospect of a place and a rich marriage at court. The first great result of the Covenant was, as we shall find, the scramble among its leaders for offices torn from the King's prerogative in 1641 ; and it- subsequent progress was simply the securing by Revolution, what had been so lawlessly acquired by insurrection. Hardly one generous feel- ing, one Christian impulse, or one legitimate act belongs to the real bis- tory of the Covenant. 72 INTRODUCTION. ought to be punished by [the prince] himself. So shall justice be satisfied, the honour of the King's service, and his prerogative remain inviolated. " Those councils (with the like of that kind,) wherein the prince's good is pretended, the private ends of these bad councillors only intended, hath been the efficient causes of the ruin of kings, kingdoms and estates, — which Almighty God can only remead. And therefore, let all good subjects who love their prince and country pray with Solomon, Lord remove the wicked* from the King, and his throne shall be established in righteousness." Such were the reflections, on the prospects of King and country, noted in the privacy of his closet, and ere the great Rebellion had commenced, by one who may be said to have reared that " bloody murtherer and ex- communicated traitor" Montrose, and whom we shall presently discover sharing and approving every step of his calumniated pupil's career, from his early and mis- taken support of the Covenant, to his raising the roy- al banner in Scotland. Had Napier, like Clarendon, lived to know the fate of Charles, and to trace his history back from its bloody close through all the ma- zes of faction and faithlessness that destroyed him, he would have needed not to depart from or alter a single sentence of his painful meditations. There is a melancholy interest in redeeming from its lurking place of many generations, so prophetic a manu- script, on such a subject, to contrast it with the vo- lumes that have been published since, and especially with the too perfect fulfilment as recorded in the * These words are written emphatically in large letters in the manu- script. ORIGIN OF THE TROUBLES. 73 pages of Clarendon. Those who love to linger over that exciting period of our history, when they read this additional record, will call to mind how Charles I. was surrounded hy " servants of the Scottish nation, who, he thought, could never fail him, and among these no man had such an ascendant over him, by the hum- blest insinuations, as Duke Hamilton had." * They will remember, too, the mysterious stories against this unfathomable Hamilton, — how he enchained the King's affections as if by magic, — how he deceived Montrose, and exiled him from the King's presence and affections, — how he betrayed Huntly, and then betrayed his mas- ter to the faction that sold him to his murderers. And they will remember how the King trusted " little Will Murray of the bed-chamber," who picked his pockets of his letters, and whispered in his startled ear foul calumnies, about Montrose and assassination ! In the progress of our illustrations of Montrose and his times, we shall have to unravel or elucidate some of these mysterious double dealings, and to show how much of his fate, and that of his unhappy sovereign, is involved in the fact, that it was not the will of the Almighty to remove the wicked from the King. Among these melancholy fragments of Lord Napier's prophetic views of his times, I find another very inte- resting paper, all in his own handwriting, which ap- pears to have been addressed to the King himself, a few years before his progress to be crowned in Scot- land. Whether it was actually sent to his Majesty, or, if sent, ever suffered to reach him, and how far the scheme proposed was practicable, there is now no means of knowing. But it will be seen from the tenor of it how intensely the writer had felt on the subject of * Clarendon. 74 INTRODUCTION. the fatal effect of those mists of ignorance and " mis- takings," as to the affairs of Scotland, in which the King was continually enveloped, by those who, for the sake of petty and private interests, so treacherously practis- ed upon the facilities of his disposition. " Offers of useful service to your Majesty, some few propositions being first premised whereby the use of that service may be better known, " That the state of business is oftimes disguised to princes, for private ends. " That the truth of business is hardly to be expected from the relations* of great men, whose friendships and dependencies extend far, — or from men factious, — or from such servants as endeavour to build up their for- tunes with their own hands, not leaving to their masters to do it upon their good deserving, — or from parties. " That from misinformation, all errors, incongruities in matters of estate, and mistaking of the true means, whereby the just and gracious purposes of princes come to be disappointed, do proceed. " That it is not easy to distinguish truth from false- hood, seconded by friends, and supported by reasons probable. " That it is impossible to do any thing conveniently or rightly, or to determine any thing dejure, if first it be not known how it is de facto. " That the justest and wisest princes must err in their directions given upon sinister information of the state of the business in hand. " That it is an easy matter to a just prince, by fol- lowing only the bent of his own inclination, to give * i. e. Information. 3 ORIGIN OF THE TROUBLES. 75 such directions and commands, upon matters perfectly known to him, as thereby he may reap honour, profit, the love of his subjects, and the reputation of wisdom and justice. " The truth of these foresaid propositions being so well known to your Majesty, it would be impertinent to me to go about to prove. But to be a means and instrument whereby the- true state of business of Scot- land, a place remote, may be conveyed to your sacred ears, is the best and most useful service can fall within the compass of my power, the highest of whose endea- vour is to be a faithful servant, and not to make an un- just claim to eminent abilities. If therefore, your, Ma- jesty may be pleased to prefer some honest and well- deserving servant to the place I hold of your Majesty,* * This proves that the manuscript was written before Lord Na- pier had given up his place of treasurer-depute, and consequently be- fore the King's visit to Scotland in 1(533. The proposal to be placed about his Majesty's person Napier was justified in making, having been for many years gentleman of the bed-chamber to James VI., and speci- ally recommended by that monarch, on his deathbed, to Charles I., and thus Napier was the first Scotsman whom Charles raised to the peerage. " After I had left the schools," says Lord Napier in his manuscript Re- lation, " 1 addressed myself to the service of King James of blessed me- mory, and was graciously received by him, and, after the death of Queen Elizabeth, I followed his Majesty into England when he went to receive the crown of that kingdom. I served him there, as gentleman of his privy-chamber, the space of sixteen or seventeen years, or thereabout, continually, till his Majesty was pleased to cast the Earl of Somerset out of his favour, and take in his place George Villiers, afterwards Duke of Buckingham, a powerful favourite, and no good friend of mine, because I, with some of our countrymen, endeavoured to support Somerset, which in his (Villiers') construction was an opposing of his rising. Therefore I, being much desired thereto by my worthy father,* took this occasion to repair to Scotland, and expect the event of things; wherewith I did ac- quaint the King, and desired his leave, which he granted, but not before he made his favourite, against his mind I think, to give me large pro- mises of friendship and fair blossoms of protestations and compliment * This is the only notice to be found, in all Lord Napier's manuscripts, of his celebrated father, the Inventor of the Logarithms, who died in 1017. 76 INTRODUCTION. and to give me some place of access to your Majesty's person, (without which, services of that kind are nearly unuseful,) and a reasonable means that I be not forced to undo my estate, and instead of a useful servant be- come a troublesome suitor, (whereby there shall be more by many degrees brought in, and saved in your Ma- jesty's coffers,) then I do humbly offer and undertake, — " To establish such correspondence in most parts of Scotland, and in all the courts and judicatures thereof, with men honest and judicious, not interested in affairs, and not knowing one of another, who shall give me sure intelligence of the state of every business which shall occur ; and if any of them shall chance to be par- tially affected, the relation of the others shall controul what is amiss in his. Which relations shall be made known to your Majesty by me, without passion or af- fection, and without respect to any end of my own or of others, as I shall answer to God in conscience, to your Majesty upon my alledgeance, and under pain of your highest displeasure. Whereby your Majesty shall reap these commodities following, and many more. " 1. As the clouds which obscure and darken the sun are dispersed by the heat of the same, so shall the cloud of factions, compacted to no other end but to mis- which never bore fruit." A few years afterwards, however, the King made a point, against very powerful opposition, of preferring Napier to the place of treasurer-depute, " and (he adds) a little before his death he recommended me, I being then in Scotland, to his son King Charles, as his majesty (Charles) himself was pleased to tell me, than which a greater testimony of a gracious master's favour to an absent servant, at such a time, could not be expressed." I find from a letter of Napier's, (while gentleman of the bed-chamber,) to the celebrated Sir Julius Caesar, that he was very much impoverished by that post, (probably from lend- ing money to the King,) and indeed in great difficulties, which accounts for his cautious qualification of the above offers to Charles. It would have been well for the monarch had Napier been in the place of " little Will Murray of the bedchamber,'' 4 ORIGIN OF THE TROUBLES. 77 inform your Majesty for their private advantage, and to the prejudice of your Majesty's just and gracious de- signs, be dissolved by the knowledge of the true state of things, and your Majesty's resolutions and directions, proceeding from that knowledge, being constant and absolute, shall render their combinations vain and of no force, and your Majesty's affairs shall go more smooth- ly than hitherto they have gone. " 2. All your Majesty's officers there shall endeavour to approve themselves to your Majesty by their faithful service, when they shall see that their demeanour is truly known to you, and shall not trust any more the recommendation of their faction, whose manner is to endear to your Majesty the worst services of their side, and to disable and traduce others who are not of their cabal, although your Majesty's true servants. So shall your Majesty be well served, and your subjects made happy. " 3. I undertake that no man employed in receiving or debursing of moneys, of any kind belonging to your Majesty, shall be able to deceive your Majesty, or con- vert it to their own use, but it shall be made known to your Majesty, which is no small benefit in regard of the former carriage of business. " 4. No more gifts shall be procured from your Ma- jesty surreptitiously, or upon wrong narratives, and the true value shall be made known. " 5. The perpetual confluens of the Scottish nation hither, (who come up either to procure unjust things by means of their friends, or to recal such things pur- chased upon wrong information tending to their detri- ment, whereby your Majesty is exceedingly troubled, they undone, and that kingdom exhausted and drained of money,) shall be much diminished. 78 INTRODUCTION. " These commodities, and many more, shall redound to your Majesty by knowledge of the true estate of busi- ness, which I do humbly offer to procure, if your Ma- jesty do think that I can be faithful. But if it shall not please your Majesty to embrace or like of these of- fers, I shall pray Almighty God, who hath the hearts of princes in his hand, to direct your Majesty to a bet- ter course than this, for your Majesty's own good and that of your subjects." The endeavours of Charles I. to relieve the Scottish nation from the oppression of the aristocratic tithe- holders, and the state prosecution of Lord Balmerino for a seditious libel, a prosecution which arose out of the circumstances of the King's coronation visit to Scotland in 1633, may be termed the seeds of the Covenant, and of that revolt in the north which so greatly aided, if it did not bring about, the subsequent Rebellion. With regard to the important subject of the tithe policy of Charles I. Lord Napier's manuscripts afford a more authentic and interesting elucidation, especially as regards the King's motives and intentions, than has hitherto been recorded.* Malcolm Laing observes, that " a general revocation of the tithes and benefices usurped by the laity had been projected by James, but deferred from the unexpected * MrConnell (Treatise on Tithes, Vol. i. p. 230,) speaking of the sys- tem introduced by Charles I., observes, — " The events which led to the accomplishment of this great undertaking are involved in some obscu- rity. They are faintly alluded to by the historians of the day, and few of our lawyers attempt to trace their origin and progress. The work was probably the result of a combination of circumstances. Something of the kind was in agitation soon after the Reformation, but Charles I. had the honour of carrying the plan into execution, although it seems to be a matter of doubt whether it was a voluntary measure of policy on his part, or took its rise from the disputes between him and his nobles in Scotland, concerning the revenues of the popish clergy," \ TITHE POLICY OF CHARLES I. 79 opposition to the articles of Perth ; but his schemes had been carefully infused into Charles, and in the ex- ecution of those dangerous and useless projects, the tranquillity of Scotland was imprudently sacrificed." The same writer says that by this revocation Charles " intended to aggrandize the dignified clergy ;" nor will he attribute to the monarch one beneficent inten- tion, or credit him with one beneficial result in follow- ing out this most difficult policy. Mr Brodie is yet more severe. He will allow the King no better motive for the revocation of tithes, than " in order to support the prelates in becoming state ;" and asserts that he " only aimed at lessening the aristocratic power as it clashed with his own, leaving the people still naked of protec- tion," — and thus this historian traces all those distrac- tions in the state of Scotland, which preceded the in- surrection, to the conduct and " the intention of the King." Lord Napier, who probably knew more of the in- tentions of the King than did either of the above his- torians, (for, says he, " of the commission of the tithes I had the honour to be one, and, according to my duty and power, did advance his Majesty's just and gracious purpose,") recorded at the time, and before the troubles broke out, this very different view of the matter. " The business of tithes, amongst others, was most constantly prosecuted by his Majesty ; — a purpose of his father's, or his own, who, finding the heavy oppression of teind- masters and the servitude of the people, did earnestly endeavour to remedy it ; but in this, as in other mat- ters, what truly might be said to be his, which were his intentions only, was most just and princely ; but the means, which were other men's inventions, were most unfit to compass his ends, but fit enough to serve their 80 INTRODUCTION. turns that found it their private prejudice (interest) to render the business intricate, longsome, and difficult, upon hope his Majesty would relinquish the same ; neither was this form of proceeding displeasing to some most intrusted, for by the difficulty they did indear their services, and in the mean time, giving his Majes- ty hopes of great matters, they drew from him present and certain benefits, above the proportion of their merit, or of his Majesty's ability." The design of recovering the tithes from the hands of those grasping and factious barons who had made the reformation of the church in Scotland an excuse for ap- propriating that property to themselves, was thus pro- tracted through a number of years from the commence- ment of the reign ; and Charles himself refers to the un- just discontent of the nobles, whose power was to suf- fer from this salutary restriction, the murmurs and heart-burnings which found a vent in the insurrection against Episcopacy. When the general revocation was first proposed, the King met with a violent opposition from interested noblemen, several of whom were at the very time disgusting his Majesty with those petty fac- tions at court, of which Lord Napier has left so curious a record. Mar, Haddington, Roxburgh, Morton, and the violent old gouty chancellor, Sir George Hay (Kinnoul) were, from personal interest, among the lead- ers of that opposition, which, we are told by Burnet, very nearly brought on an extraordinary scene of assas- sination and massacre when Nithisdale came to Scot- land commissioned by the King to make good the revo- cation. It was after this failure that the famous " Com- mission of Surrenders of Superiorities and Tithes" was issued in the year 1627, the following illustration of which, from a manuscript in Lord Napier's handwrit- TITHE POLICY OF CHARLES I. 81 ing, (apparently addressed to a friend when his Lord- ship was under the temporary displeasure of Charles, occasioned by the arts he exposed,) is both interesting and valuable in reference to the history of that much canvassed policy, and the character and position of the King. " A Discourse upon the business of the Tithes, now in hand. " I will not, worthy friend, * enter into any curious inquisition whether or no the business of the tithes now in agitation, of its own nature easy, be rendered diffi- cult by the practice of men interested, whose manner is to praise the designs of princes, and cross them in the means, by opposing those that are fit and advising the unfit, — or by the subtilty of those who are entrusted and employed, to endear thereby their services, and to draw from his Majesty present and certain benefits, giv- ing in exchange future and uncertain hopes, — or by their ignorance who never fix their thoughts upon means ready and in hand, (as unfit to compass greater matters, and bearing no proportion with them,) but hunt after the odd and extraordinary, not knowing that as in nature and art, so in the affairs of men, (which are not merely natural, but partly so and partly voluntary, and therefore much beholden to art and dexterity in the managing,) the greatest matters are performed ofttimes by the easiest and most obvious means. Whether any of these be the cause, or all, or none, but somewhat else, I know not, and therefore will not wrong any man by conjectures, but leave the search of remote and hidden * The manuscript is not otherwise addressed. VOL. I. F 82 INTRODUCTION. causes to deeper judgments. Neither will I meddle with the Commission,* nor the tenor of it. But that I may in some measure give satisfaction to your desire, I will only set down the known effects, and then deliver my opinion of the nearest cause of these effects. " The effects are these : A tedious longsomeness, in- superable difficulties, and a general complaint of all par- ties, — evident arguments of a business ill managed and miscarried, and giving just cause of fear that the event shall not answer his Majesty's expectation in honour nor profit. That it is longsome, and like to be so still, and that it is intricate and dificile, these three years' en- deavours, with so small advancement, gives evident de- monstration, where difficulties, like the heads of Hydra, no sooner one cut off but another arises. That the com- plaint and discontent is general the induction of parti- culars will best shew. " The Clergy complain that they are not only de- frauded, by this course, of the tithes the true patrimony of the church, but of all hope of recovering the same in any time coming, — that the constitutions of men are preferred to the law of God, not only by derogating from it, but by utterly abolishing the same, — that sa- crilege is allowed by public authority, and brought in- to the King's house. " The Titulars f complain that their infeftments, and ratifications of the same in Parliament, (the funda- mental law whereby the subjects possess any thing in * " Commission granted by King Charles to the clergy, nobility, gen- try, and burghs of Scotland to treat anent his revocation. Given at the Court of Whitehall, 7th January 1G27." f Anglice, impropriators, — the nobles and barons, namely, who after the Reformation, obtained to themselves gilts from the Crown of these tithes, burdened with the support of the clergy. TITHE POLICY OF CHARLES I. 83 property,) are, in their particular, by this course sub- verted ; that they are not only pressed to sell their vine- yard, but forced to do it, and the liberty of the price not permitted to the agreement of parties, but first their part diminished by a quota, and then the remainder undervalued by a price imposed, not the less that some have, and all pretend to have, acquired the same for causes onerous. " The Possessors allege that their lands are valu- ed above the worth, and not according to the true and natural fertility, and that there is no defalcation, or de- duction, in regard of their industry, or of accidental or removable causes of their increase, — that most of them not being able to buy their tithe, and the able not wil- ling, for want of security and for other respects, must of necessity pay the quota to the teind-master in victual, which becomes an inherent duty of the land and affects it, and not being paid at the precise and ordinary terms, as few are able to do, the prices and fiars shall be (as hitherto they have been) made exhorbitant by the com- missioners, whom they allege for the most part to be pensioners to the titulars for the purpose. So shall it be still in the titular's power to oppress them, contrary to the King's gracious intention, — " Who, in my opinion, has more just cause of offence, than any other of complaint, to find his gracious and just endeavours, of vindicating the greatest part of his people from the oppression of another part,* to be thus * The reader may be referred to Mr Bell's Principles of the Law of Scot- land, 3d edition, for an instructive historical sketch of the law of teinds or tithes. With submission, however, to the learned author, the following passage of that elementary work is unjust to Charles I. " On Charles I.'s accession a design appears to have been formed, of supplying the wants of the Crown by a resumption of teinds as well as lands. In the very be- ginning of his reign, he executed a general revocation of all the giants 84 INTRODUCTION. frustrated and disappointed, and that which his Majes- ty intended for the general good, to give general dis- contentment, through the ill carriage of the business, whereby his Majesty is defrauded of the honour due to his virtuous and good designs, than which never ])r in ce intended more just, more gracious, nor more truly ho- nourable ; and in the end it is most likely that his pro- fit shall be much diminished, unless some better course be taken. For after the valuations be made, which some of good judgment think will come short of that which was made when the thirds of benefices were as- sumed, and after that the ministers have procured aug- mentations of stipend, which indeed is expedient, and of number, which is more necessary for the service of God, and after that maintenance for hospitals and schools, and other means, be deducted off the tithes, and after that the titulars, either out of favour, or out of consideration of the loss, and the just and meritori- ous causes of their acquisition of the said tithes, get sa- tisfaction, which undoubtedly all will pretend to, all demand, and most of them likely enough receive from so bountiful a disposition, — the remainder is not likely to prove so great as is given out. " As to that other way invented to raise profit to his of church property made within eighty years, comprehending thus all the lavish and profuse grants of James VI. The threats of a proceeding thus begun excited great alarm ; and the King was forced to lower his tone, and as a justification of the measure to profess two objects to have been in view, in themselves fair and reasonable : — 1. A competent pro- vision for the clergy, and for education ; and, 2. The freeing of owners of land from the oppression suffered in the drawing and levying of tithes." — P. 308. But all the manuscripts of Lord Napier on the subject — written, be it remembered, long previous to those troubles which arose out of the factious opposition to, and interested mismanagement of, the King's pious schemes, — afford a view, of the purity of his intentions, from one so long and intimately acquainted with Charles, that his testimony cannot be doubted. TITHE POLICY OF CHARLES I. 85 Majesty, (which by relation I hear only, being made of late a stranger to all these businesses) by appointing to the King a certain part of that money which shall be given for every chalder that is sold, I think it not ho- nourable, for even among subjects it is counted base and called brocage, neither will it prove profitable, but car- ries only a shadow of profit, which upon proof will eva- nish, because it is likely there will be little or no buy- ing of tithes, for many are unable, and more are un- willing, for these reasons : 1. Because no security can be given them, (as they think ;) for the titular, as titu- lar, can give no better than he hath himself, which is esteemed but a patched up one, now in question ; and for the clergy, it is no reason to urge them to give it, who have no benefit, but allege detriment ; neither do they think his Majesty can give such a right as by his successor may not be quarrelled, by alleging the detri- ment of the Crown, which has only got a mean annui- ty of that which totally belongs to it, and so may fall under revocation. 2. Whatever any augmentation of stipend, or new provisions for ministers shall be hereafter, it must come from those who have the in- heritance of tithes, which hazards, those who pay their money will think so hard to be subject to, as they will rather forbear buying at all. So there being no buying, this ground faileth, and the project built thereupon falleth. But granting that all or the most part will buy, the very same benefit the King may reap in a fair and ordinary way, by adding it to the ordinary composi- tion, when they come to seek their confirmations after they have bought. " The nearest cause of all these bad effects before expressed, I take to be the preposterous and unfit means used for attaining the King's purpose, and specially the 86 INTRODUCTION. endeavour to establish a general quota upon which ne- cessarily dependeth the valuation of all the lands in Scotland. Indeed if the Commission had been given to this end, to establish a certain tithe in some new found land, where never any was before, this had been the only way ; but in Scotland, where there has ever been a known, or easily to be known, tithe of every parcel of ground, since first it received the Christian re- ligion, according to which tacks have been set, fines raised, and bargains of sale made, to induce a new quo- ta, and fit it to all parts of the kingdom alike, were, in my opinion, the way to disturb and confound the whole business, and no more a means to facilitate the sale, ad- mitting that sale had been the true means, than if a merchant, to the effect his cloth might sell the better, would sell none with the old received yard, but stay till a new one were made by Act of Parliament. " But it may be said, aut ne carpets aliena, vel ede tua* The first whereof I would not do, if I did not think there were a way (if I be not mistaken) to perform the King's gracious intention, in short time, with ease, con- veniency, contentment and profit to all, or the most part, without any considerable innovation (which, though to the better, is ever of dangerous consequence in a settled state,)| and, what is no little ease to his Majesty, by which no man, of what quality soever, can have any the least pretext to demand satisfaction, or to diminish his Majesty's profit. But neither is this time fit for any such proposition, — when his Majesty is made so hopeful of the course in hand, and so well conceited of the abilities and the affection of the instruments employ- ed and entrusted, — neither am I a fit man to do it in the * Either do not carp at the plans of others, or publish your own. f This was prophetic. TITHE POLICY OF CHARLES I. 87 terms I now stand ; * for no matter, how good soever, delivered by a man against whom there is prejudice conceived, can relish well. But if hereafter (as is very likely) this course fail which now is run, and that these mists, which calumny and malice have raised to darken his Majesty's countenance towards me, be dispersed by the rays of his own clear judgment, I shall not then be wanting in my affection and duty. At which time, if the proposition like his Majesty, to make it effectual he must own it himself, and, to try it, must ask the opinion of the wisest and best affected concerning the same. For if it should be known or suspected to proceed from any other, it is the humour of some of greatest trust and credit about princes, to disgrace the man, and to slight and cry down any motion, though never so good, which doeth not proceed immediately or mediately from them- selves ; and upon every occasion that occurreth, will rather give bad information, and worse advice, than give way to others, or seem incapable of any thing themselves. Much like that gentleman who rode out, in the company of others, to bring in the Pope to a city in Italy. The Pope asking many questions, and inquir- ing the names of cities, rivers, and places, that came within his view as he went along, this gentleman made answers to all, and gave names to every thing, but ne- ver a true one, being himself ignorant of the same. And so he continued in discourse with the Pope till he came to his lodging, and when a friend of his rebuked him for abusing his holiness with untruths, ' if (said he) I had seemed ignorant of what was asked, the Pope would have called another, so should I forego the honour I * This manuscript must have been written (luring the temporary dis- pleasure of the King towards Napier, as narrated in his Relation. See before, p. 36. 88 INTRODUCTION. had, — to be seen riding so near the Pope and in speech with him, — and he rests as well satisfied as if the truth had been exactly told him.' " And truly, if ever any King, our Sovereign, in so far as concerneth Scottish business, may justly make Dioclesian's complaint, — Colligunt se quatuor ant qnin- qne circa Imperatorem, atque sibi utilia, sub pretextu boni publici et principis, proponunt, — bonos, et virtute prceditos, ab Imperatore amovent, — malos, Jactiosos et sibi idoneos adsciscunt, — veritatem ad aures principis appellerc non simtnt, — Sit bonus, sapiens, cautus, DECIPITUR 1MPERATOR."* From these, and other fragments of his reflections we shall yet have to quote, it might almost seem that the preceptor of Montrose had been gifted with the second sight of his country, and that to him the " coming events cast their shadows before." It is in- teresting to connect the above manuscript, upon one of the most influential and least elucidated events of the times, with a passage in Heylyn's Life of Laud. That contemporary writer narrates, that, in the minority of * These last words are written emphatically large in the manuscript* It is a speech put in the mouth of the Emperor Diocletian, after his vo- luntary abdication of the throne, when declaiming on his favourite topic, the difficulty of being a good prince. Gibbon thus paraphrases the pas- sage. " How often is it the interest of four or five ministers to combine together to deceive their Sovereign ! Secluded from mankind by his ex. alted dignity, the truth is concealed from his knowledge, — he can see only with their eyes, he hears nothing but their misrepresentations. He confers the most important offices upon vice and weakness, and disgraces the most virtuous and deserving among his subjects. By such infamous arts the best and wisest princes are sold to the venal corruptions of their courtiers." The quotation in Lord Napier's manuscript is from Vopis- cus, a learned Syracusan, reckoned the Coryphaeus among the six au- thors, called Histories Augusta Scriptores. His style is considered more elegant and pure than that of any of the others, and Gibbon in particu- lar sets great store by him. TITHE POLICY OF CHARLES I. 89 James VI., the lands of all cathedral churches, and re- ligious houses, which had been settled on the Crown by act of Parliament, were, by the connivance of the Earl of Murray and other Regents, shared among the re- volutionary lords and barons ; and that, " they lorded it with pride and insolence enough in their several ter- ritories, holding the clergy to small stipends, and the poor peasants under a miserable vassalage and subjec- tion to them, not suffering them to carry away their nine parts till the lord had carried off his tenth, which many times was neglected out of pride and malice, those tyrants not caring to lose their tithe, so that the poor man's crop might be left unto spoil and hazard." Hey- lyn then narrates how Charles, adopting the projects of his father, " resolves upon an act of revocation, com- missionating for that purpose the Earl of Annandale, and the Lord Maxwell (afterwards Earl of Nithisdale,) to hold a Parliament in Scotland, for contribution of money and ships against the Dunkirkers, and arming Maxwell also with some secret instructions for passing the said act of revocation if he found it feasible. Be- ing on his way as far as Berwick, Maxwell was there informed, that his chief errand being made known had put all at Edinburgh into tumult, — that a rich coach, which he had sent before him to Dalkeith, was cut in pieces, the poor horses killed, the people seeming only sorry that they could not do so much to the lord him- self." In consequence of this failure, Charles adopted the advice of his Solicitor-General for Scotland, Mr Ar- chibald Acheson, who had been a puisne judge in Ire- land. This lawyer it was who proposed the machinery of the Commission of Surrenders, with which the King was so highly delighted, that he honoured the inventor withknighthood. Three yearsfrom the date of this Com- 90 INTRODUCTION. mission, matters were in the state commented upon by Lord Napier in the manuscript we have quoted. It appears, however, that, shortly after expressing those opinions, he had not only been restored to the royal fa- vour, but obtained an opportunity of communicating all his views on the subject of the tithe policy to the King himself. " In the year 1630," says Heylyn, " com- missioners (from the tithe-holders) are sent to the Court of England, and amongst others, the learned and right noble Lord of Merchiston (Napier) from whose month I had all this relation ; who, after a long treaty with the King, did at last agree that the said Commission should proceed as formerly, and that all such superio- rities and tithes as had been, or should be surrendered, should be regranted by the King on these conditions : 1. That all such as held hereditary sheriffdoms, or had the power of life and death over such as lived within their jurisdiction, should quit those royalties to the King. 2. That they should make unto their tenants in their several lands, some permanent estates, either for their lives, or one-and-twenty years, or some such like term, that so the tenants might be encouraged to build and plant, and improve the patrimony of that kingdom. 3. That some provisions should be made for augmenting the stipends of the clergy. 4. That they should double the yearly rents which were reserved unto the crown by their former grants. 5. That these conditions being performed on their parts, the King should settle their estates by act of Parliament. Home went the commissioners with joy for their good success, expecting to be entertained with bells and bonfires. But they found the contrary, the proud Scots being ge- nerally resolved rather to put all to hazard, than to quit that power and tyranny which they had over their poor CORONATION PROGRESS. 91 vassals, — by which name, after the manner of the French, they called their tenants. And hereunto they were encouraged underhand by a party in England, who feared that by this agreement the King would be so absolute in those northern regions, that no aid could be hoped from thence when the necessity of their de- signs might most require it ;* — just as the Castilians were displeased with the conquest of Portugal by King Philip II., because thereby they had no place left to retire unto, when either the King's displeasure, or their disobedience should make their own country too hot for them. Such was the face of Church and State when his Majesty began his journey for Scotland to receive the Crown." At length Charles effected that memorable progress in the month of June 1633. On the night before his coronation, he was feasted in the Castle of Edinburgh by the old Earl of Mar, whom he had beheld at his feet, crutches and all, " stirring pity to cause injustice." On the morrow, when seated in the great hall of the Castle, to receive the crown which some would fain have filch- ed from him, it was Hay, the crabbed Chancellor, — he whose " manner was to interrupt all men when he was disposed to speak, and the King too," — that now, in the name of the estates of the kingdom, " spake to the King." Among the six noblemen, whom his Ma- jesty selected to support the bearers of his canopy, was Lord Napier. Rothes, the father of the future Cove- nant, carried the sceptre, — and Lorn, the deeper and * But the result was, that to that party in England,— " The beggarly Scot Sold his King for a groat." 92 INTRODUCTION. more deadly promoter of the Rebellion, assisted to bear the train. The factious insolency of his Scotch nobles which Charles had experienced in England, he now met with, in more dangerous and personal collision, " at home." No sooner had he set his foot in Scotland than he cre- ated the chancellor Earl of Kinnoul, a favour which had little effect in molifying the temper of that states- man. Charles had always wished that the primate of Scotland should have precedence of the chancellor ; " which," (says Sir James Balfour) " the Lord Chancel- lor Hay, a gallant stout man, would never condescend to, nor ever suffer him to have place of him, do what he could, all the days of his lifetime." Once again Charles endeavoured to effect this. It was when ar- ranging the pageantry of his coronation with Sir James Balfour, the Lord Lyon, in whose own graphic words we must give the anecdote. " I remember that King Charles sent me to the Lord Chancellor, being then Earl of Kinnoul, the day of his own coronation, in the morning, to shew him that it was his will and pleasure, but only for that day, that he would cede and give place to the Archbishop ; but he returned by me to his Ma- jasty a very brusk answer, which was, that since his Majesty had been pleased to continue him in that office of chancellor, which, by his means, his worthy father, of happy memory, had bestowed upon him, he was ready in all humility to lay it down at his Majesty's feet ; but since it was his royal will he should enjoy it with the known privileges of the same, never a stol'd priest in Scotland should set a foot before him so long as his blood was hot. When I had related his answer to the King, he said, * Weel, Lyon, let's go to business ; I will not meddle further with that old cankered, gouty man, SEEDS OF THE COVENANT. 93 ai whose hands there is nothing to be gained but sour words."' * Thus even the regal procession, which to the eyes of all Scotland betokened gaiety and gladness, was to the devoted monarch replete with vexation and bit- terness. From that hollow pageantry he passed to his Parliament of Scotland, with a spirit lofty, and long chafed, but as placable as it was royal. By this time the Scotch factionists had some young- blood among them, hot as the chancellor's, and even more vicious. These recruits were not strangers to Charles. About the close of the year 1626, three commissioners had been despatched by the tithe-holders in Scotland, to present a remonstrance against the act of revocation proposed by the King, who, having some intelligence of their plan, and not chusing to be insulted by the faction from whose oppressions he wished to relieve the people, sent a mandate to these emissaries to stop short of the Court. Their petition was received, however, and proved to be couched in such terms that " his Majesty stormed at their petition, as of too high a strain for subjects and petitioners ; but shortly thereafter, on the acknowledgment of their error, they obtain par- don, and license to come to the court." f They were John Earl of Rothes, Alexander Earl of Linlithgow, and John Lord Loudon. When these harbingers of " the troubles" obtained an audience, the storm had passed from the brow of the generous King, who jocu- larly told them that they had been treated like so many young does, whom the old ones, finding themselves hot- ly pursued and in hazard of being taken, cunningly * Balfour's Annals, MS. Advocates' Library. Published in 1824 by the Messrs Haig of the Library. The above anecdote of Chancellor Hay agrees precisely with Lord Napier's account of him. See ante, p. 29, 53. f Balfour. 94 INTRODUCTION. expose to the hunter's fury, to save their own carcases. So he dismissed them to a conference with his secre- tary, Sir Alexander Stirling, and the nobleman who had interceded for them, namely, the Earl of Menteith. These stricken does, however, did not retire to weep. When Charles took his seat in the Scotch Parlia- ment of 1633, Rothes and Loudon proved to be leaders of the very dangerous herd he there brought to bay. The King had paused in his favourite and pious scheme, of arranging a uniformity of worship throughout his kingdoms, and now determined to conquer more gradu- ally, and with as little violence as possible, the selfish obstinacy of the tithe-holders, which, he had every rea- son to believe, was the only obstacle to his ameliora- tions of the Episcopal church of Scotland. But he had no idea of giving up to this faction Religion and the Church as already established. Unconscious of Papis- tical inclinations, and too enlightened himself not to perceive, in the rising murmurs against popery, either an irrational or a treacherous opposition, he determin- ed to assert in his own name what had been peacefully established by his immediate predecessor. That the King could take his seat in this Parliament, (at a time, too, when prerogative and privilege were all undefin- ed,) with calm and prudential feelings towards such an opposition, was not to be expected. To adopt his own account of the matter, — which, from its truth, became so hateful to the Covenanters, — " we (says the King,) undertook a journey to them, and, according to our ex- pectation, were most joyfully received by them. But immediately before., and at the sitting down of our Par- liament there, we quickly found that the very same persons who since were the contrivers of, and still con- tinue the sticklers for, their now pretended Covenant, SEEDS OF THE COVENANT. 95 begun to have secret meetings, and in their private consultations, did vent their dislike of our innocent re- vocation, and our most beneficial commission of sur- renders. But knowing that these two could gain them no party, then they begun to suggest great fears that many and dangerous innovations of religion were to be attempted in this present Parliament. Not that they themselves thought so, but because they knew that either that or nothing would soil with suspicious jea- lousy, or interrupt and relax, the present joy and con- tentment which did overflow in our subjects' hearts, and appeared in their hearty expressions, for our presence among them. But we readily confuted all these sus- picious surmises ; for, except an act which gave us power to appoint such vestures for churchmen as we should hold to be most decent, nothing concerning re- ligion was either propounded or passed in that Parlia- ment, but that which every King doth usually, in that and all other Christian kingdoms, pass at their first Parlia- ment, viz. an act of ratification of all other acts heretofore made, and then standing in force, concerning the religion presently professed and established, and concerning the church, her liberties and privileges. Which act, being an act of course, though it passed by most voices, yet was it disassented from, to our great admiration, by the voices of many of those who are now the principal pil- lars of their Covenant ; which made all men then begin to suspect that sure there was some great distemper of heat at the heart, when it boiled so over at their lips, by their unnecessary and unprofitable denying of as- sent to the laws, concerning the religion and church, already established, this first act passing more for form, and the honour of religion, than for any use or necessity of it, all the former laws still standing in 96 INTRODUCTION. force and vigor, without the need of any new ratifica- tion."* The noblemen who led this factious opposition, and the manner in which they did so, were particularly calculated to throw the hasty King off his guard in this unhappy collision with the Parliament of Scotland. The leading spokesmen were Loudon and Rothes. It had been conceded to King James, by act of Par- liament, that the ordering of the apparel of churchmen should appertain to him. Charles, consistently with his object of uniformity in church matters, was anx- ious not to lose sight of this act, and the Lords of the articles had included it in the general act of his prero- gative. The opposition seized upon this as the most favourable subject for popular agitation, it being easy, with the aid of a fanatical clergy, to excite the people into irrational violence against the surplice, and through that perverted medium to poison their minds with false ideas of the King's intentions. From Sanderson's con- temporary history , we derive the following quaint andcir- cumstantial description of the style of a debate that was in fact pregnant with the fate of England. " The first that opposed this act was the Lord Loudon, a bold young man of a broken estate, lately come from school (their college) and a Master of Arts. A deft Lord he was, who missing of the Court to civilize his studies, must needs want morality to bring him to manners, and being besides of a cavilling contradictory nature, nothing w T ould seem to him so positive in reason as his own opi- nion ; and therefore now, as heretofore at school, he argu- ed with his distinctions — duplici qucestioni non potest dari una responsio ; ita est sicprobo, — and after his syllo- * The King's Large Declaration ; printed in the year 1639 ; of which in a subsequent chapter. SEEDS OF THE COVENANT. 97 gisming in this kind he sits down with a challenge, — re- sponde, perge, urge, punge. The King told him the or- ders of the house, not to dispute there, but to give his vote, yea or nay, — ' which I do' said he, ' negative] and so sat down in a snuff; yet the King had the major voices affirmative. Loudon stands up and questioneth the re- gister, scans the calculation with great contest before the King could carry it."* The King appears to have been annoyed and irri- tated, and even to have afforded a handle to faction by not repressing his indignant feelings. Only con- scious of being there opposed by the tithe-cabal, and aware that they had held seditious meetings in secret before the assembling of Parliament, Charles had come prepared to carry matters against these turbulent no- bles, with a higher hand than prudence dictated, espe- cially as it was not in his nature effectually to sustain an arbitrary system of government, upon any determined or steady views of his own. Rushworth declares, that, during this stormy and fantastical debate, in which there was manifested such a disposition to insult the King, " he took a list of the whole members out of his pocket, and said, Gentlemen, I have all your names here, and I'll know who will do me service, and who will not this day," f According to Clarendon, the King had * " A Compleat History of the Life and Raigne of King Charles from his cradle to his grave, collected and written by William Sanderson, Esq."— Printed 1658. f Rushworth, Vol. ii. p. 183. But this celebrated Collector was assist- ant-clerk of the Long Parliament, and it is now well known that his tes- timony against Charles I. must always be received cum notu. The an- tidote against Rushworth's partial collection is the " Impartial Collec- tion" of Nalson, who says in his Introduction, — " If I do not make it appear that Mr Rushworth hath concealed truth, endeavoured to vindi- cate the prevailing detractions of the late times, as well as their barba- rous actions, and with a kind of rebound libelled the government at se- cond hand, I will be contented the award shall go against me." VOL. I. G 98 INTRODUCTION. remarked that at this time Rothes and his party en- deavoured " to make themselves popular by speaking in Parliament against those things which were most grateful to his Majesty, and which still passed notwith- standing their contradiction, and he thought a little dis- countenance upon those persons would either suppress that spirit within themselves, or make the poison of it less operative upon others." That great historian adds, that of the Earl of Rothes, and others, the King had the worst opinion, and purposely withheld from them any grace by never speaking to them, or taking notice of them in the Court. Yet such was their ef- frontery, and determination to attain their ends, that " when the King was abroad in the fields, or passing through villages, when the greatest crowds of people flocked to see him, those men would still be next him, and entertain him with some discourse and pleasant rela- tions, which the King's gentle disposition could not avoid, and which made those persons to be generally believed to be most acceptable to his Majesty," — a cha- racteristic demeanour of ambitious democracy, upon which Clarendon passes the shrewd reflection, that " let the proudest or most formal man resolve to keep what distance he will towards others, a bold and confident man instantly demolishes that whole machine, and gets within him, and even obliges him to his own laws of conversation." Such was the faction with whom Charles came into collision in the Scotch Parliament of 1633, and to whose bitter disappointment the King's preroga- tive was saved, for the time, by his still commanding a majority of that Parliament against the rising tide of disloyalty and disorder. * But it was not merely to ac- * Dr Cook has been misled into a most mistaken history of this mat- ter, by Bishop Burnet, to whose malice the Reverend author would pro- SEEDS OF THE COVENANT. 99 quire a short-lived triumph over the factious and turbu- lent that Charles accomplished this memorable progress. His object was to secure the peace and happiness of his subjects, no less than to protect his crown. According- ly, in this Parliament, his tithe policy was finally adjust- ed upon its present basis, and at the same time he added another inestimable benefit to the Scotch people, in the statute for the endowment of parochial schools. " Thus," — says an excellent historian of the church in Scotland, — " thus did Charles I. confer upon Scotland two of the greatest boons that legislative wisdom could devise ; se- curing to the ecclesiastical body a permanent though frugal endowment, and providing for the poor the faci- lity of acquiring a cheap and pious education." * From such scenes as we have adverted to, the excel- lent Monarch returned, weary and disgusted, to forget his cares in those pious habits and domestic enjoyments for which nature had fitted him better than for a throne. No sooner had he returned to England, however, than he was constrained to institute a criminal process against a Scotch nobleman. To agitate the country against the King was the great object of Rothes and his party. The elements of revolution were abundant in Scotland. An aristocracy, turbulent and disloyal by hereditary bably not have given up the character of Charles I., had he known of the Bishop's letter to Mr Brisbane, Burnet's account of the conduct of the King in the Scotch Parliament of 1633, as well as of the subsequent trial of Lord Balmerino, is contradicted by the best contemporary evidence, and confirmed by none of any value. Yet Malcolm Laing, Dr Cook, Mr Brodie,and others, have adopted it with implicit confidence, and indulged in the severest strictures against Charles in consequence. The view of these events offered in our text is so opposite to that of the above his- torians, that we have thought it proper to examine all the authorities in a note, which, being too long for this place, will be found at the end of the volume. * History of the Church in Scotland. By the Rev. Michael Russell, LL. D. Vol. ii. 100 INTRODUCTION. right, had been restrained in their power. A clergy, born of democracy and fanaticism, were threatened with the extinction of their extempore addresses, and the diminution of their power, under a learned hierar- chy. Thus there was no want of materials for orga- nizing and leading insurrection. But the question was, how to combine these somewhat discordant elements safely and effectually for the purposes of a clique. Their first essay was the malicious rumour, that cer- tain measures in the late Parliament had only been carried by bribery and corruption on the part of the King ; nay, that some of the acts had in reality not pas- sed, though the clerk-register, in summing up the votes, falsely declared that they had. This factious whisper, however, was merely intended for the vulgar, it being well known that there were too many, present in Par- liament, keenly interested in the state of the vote, and actually checking the notes both of the King and the clerk-register, to have rendered so desperate a deceit practicable, had the King been capable of conceiving it. Another whisper, the factionists had better hopes of swelling into a popular clamour, namely, that the Commission of Surrenders was nothing else than a scheme of the bishops, for the sole purpose of their own aggrandizement, and thattheintention of the King was, by a series of such measures, to subvert the " Religion and Liberties" of Scotland. How much truth and sin- cere patriotism belonged to these views of the King's tithe policy, we have noticed already. But this direc- tion of the storm against the courtly hierarchy was a master art of insurgency. Scotland was swarming with poor clergymen, who, for the most part, uncouth, unlearned, and unenlightened, and hopeless of becom- ing bishops, yet felt their passions, and their lungs, SEEDS OF THE COVENANT. 101 strong enough to afford them a chance, when the waters were troubled, of emulating the popularity of Knox. On the King's arrival in Scotland, one Mr Thomas Hog, a minister, had been put forward in the name of this church faction, with a petition, entitled — " Griev- ances and petitions concerning the disordered estate of the reformed kirk within this realm of Scotland," — which he presented to the clerk of the articles, at Dalkeith, before the King had reached Edinburgh. This petition involved a complete revolution in the church and state of Scotland, and was like a shadow of the coming Covenant. The first clause intended the exclusion of the bishops from Parliament, and aimed that very blow, at one of the three estates, which not long afterwards took effect. The next clause assert- ed the supremacy of the church of Scotland over the civil magistrate, in regard to the much envied bishops, and this papistical doctrine, and persecuting power, was also subsequently realized by the covenanting as- semblies of 1638 and ] 639- The remainder of this pe- tition laboured for the subversion of every thing that was anti-democratical in the constitution of the kirk. So palpable a manoeuvre of the faction, the lords of the articles did not even consider worthy of being prepar- ed for the consideration of Parliament, and it fell to the ground. The wits of a lawyer were next set to work, and certainly he managed to raise a considerable flame. William Haig, the " King's Solicitor,"* a lawyer whose luck was not so great as Archibald Johnston's, though his political intentions were just as deserving,-:— con- cocted a " supplication," which, says Lord Balmerino upon oath, Haig told him, " he had made out of some collections which he had gathered upon some confe- rences, which he had with .sundry perso?fs the time of * Burnet. 102 INTRODUCTION. the Parliament."* This precious egg of sedition the Solicitor privately conveyed to Lord Balmerino for incubation. Now this lord was the son of a noble- man who had practised the very same trick upon King James, that Lord Napier informs us was practis- ed upon Charles, namely, that of stealing his subscrip- tion to a state paper. Old Balmerino was detected, tried, and condemned to die, for surreptitiously obtain- ing the royal signature to a letter to the Pope. King James pardoned him, and restored his blood, though he could not redeem it from its inherent vice. The son was of the keenest of the cabal against Charles I., and to this nobleman it was that Haig first submitted his scheme of a revolution, which he called " a fit suppli- cation to be presented to his Majesty." Lord Balmerino, as appears from his own depositions, immediately car- ried it to Lord Rothes, and further " declares, that the Earl of Rothes, and the deponer, having read the sup- plication, thought it no ways fit to be presented to his Majesty, but to be absolutely suppressed." It is not surprising that even their effrontery, who at the very time were forcing themselves upon the King in his progresses, was unequal to the task of pre- senting this petition ; for a more purely insulting document, if offered to the King, and, if circulated among the people, a more insidiously seditious one, could not have been framed. It began by accusing the King of asserting in the recent Parliament, " a secret power to innovate the order and government long continued in the reformed church of Scotland," — -it referred to the known wish of Charles to have a liturgy prepared for * See Lord Balmerino's depositions in the record of his State Trial which, it is to he regretted, Dr Cook had not consulted. See note at the end of this Volume. SEEDS OF THE COVENANT. 103 Scotland, as " reports of allowance given in England for printing books of popery," — it presumed to " sus- pect a snare in the subtle junction" of the act of church- men's apparel with that of the prerogative, — to call it " a sophistical artifice," and to add, most insultingly, " which blessed King James would never have con- founded," — it complained of the suppression of the mi- nisters' grievances, — and, finally, the whole drift, and modest purpose, of this petition, full of such imperti- nencies mixed up with the most contradictory expres- sions of loyalty and humility, amounted to this, that Charles should give up the established Church, to the meaner model of a Scotch faction thirsting for demo- cratic power. This ingenious scheme, concocted by a single lawyer out of some conferences he had held with sundry of a disappointed minority in Parliament, was entitled " The humble supplication of a great number of the nobility and other commissioners in the late Par- liament." The real intention never could have been to present this to his Majesty, — at least with any other view than that of insulting and enraging him. It must have been conceived with the covert view of agitating Scotland against the King. It was to pass for the suppressed voice, of a loyal but subjugated people, against a tyrannical monarch and papistical clergy ; and if the ministers joined heartily in the scheme, the nation, it was foreseen, would be revolutionized from the pulpits. In short, this insidious paper involved one of the most dangerous instances, of the statutory crime of leasing-making, that could well be imagined. Even Rothes and Balmerino thought it should be " ab- solutely supprest." Yet their conduct had been most inconsistent with this declaration. Haig had given two copies to Balmerino, who confessed that he caused his 104 INTRODUCTION. man copy one of them for him, and that he returned the draft to its notable contriver. The other copy Balme- rino delivered to Rothes, who, " sworn upon his great oath," declared he read part of it, when going with the Earl of Cassils and Lord Yester (dissenting Lords) in coach to the King at Dalkeith, and that, " finding it of such a strain, and having told them that his Majesty had given him an express command to suppress all that was of that nature, the deponer and they, all in one voice, thought it should he suppressed; and the de- poner did put it in his pocket." That same day, the King having taxed Rothes at Dalkeith with certain information laid against him, " he purged himself clear- ly to his Majesty," taking great credit to himself with the King " for suppressing all petitions of the nature of that which was moved in the time of the Parlia- ment," and then, with ludicrous effrontery, added, that he had one of these suppressed petitions in his pocket, " if your Majesty be pleased to look upon it." The King replied, " It is no matter, I have no leisure, I am going to the park," where, of course, this pertina- cious factionist pursued the unfortunate monarch with patronizing attentions, and jesting conversation. The petition remained in Rothes's pocket for eight days " un- looked upon by him ;" but, most probably, for the in- spection of the valet who dusted his clothes. He then " caused copy it by his own servant," and returned the original to Balmerino. Yet he swears that " he ever thought it fit to be supprest," and most earnestly dis- claims having any concern with Mr William Haig, " of whom he had ever suspicion, because he has ever been busy upon such idle and foolish toys." Balmerino obviously intended to make some use of the copy he had retained, for it was slightly interlined 4 SEEDS OF THE COVENANT. 105 with his own hand, as if he had been endeavouring to render some of the seditious matter less glaring and tan- gible. But, when examined upon oath " whether he did allow and approve the same himself in the matter and substance, he declares that he neither allowed nor allows the same, and declares he condemns the same both in mat- ter and form." But how had he acted? In the first place, he gave it to Mr Robert Dalgleish, his own man, and desired him to take it to Edinburgh, (they being in the country) and copy it for him. Dalgleish did so, and, as might be expected, made another copy for himself. While he was in the act of copying, very opportunely " Mr William Colville, minister of the parish, came in, and read the same." Thus, what Rothes and Balme- rino utterly condemned, both in matter and form, and thought should be absolutely supprest, was, by their means, already in a fair way of secret circulation throughout the country. In the next place, according to Balmerino's own deposition, " Mr John Dunmure having given to him the copy of my Lord Brechin's sermon, preached at his Majesty's coronation, and Mr John having seen the paper, he gave it him to look up- on, but to keep it to himself alone, and to show it to no other, as he respected his Lordship's credit." Dun- mure, " deeply sworn upon his knees," declared that he took it to Dundee with him, for the purpose of forming his own opinion, which Balmerino had requested from him, on the subject. Now this Dunmure was Balme- rino's man-of-business, and Hay of Naughton, another of Dunmure's clients, coming into his chamber in Dun- dee, the man-of-business requested his client to give him his judgment of the petition, being " well acquaint- ed with the affairs of the kingdom." Dunmure then gave the paper into the laird of Naughtoii's hand, who 106 INTRODUCTION. " began to read, and before he had ended it, he said to the deponer, ' Mr John, I intreat you heartily that I may have this paper to Naughton, that I may read it and consider it at leisure.' : So the document, un- der another promise of secresy, was allowed to progress to Naughton. Some time afterwards the man-of-busi- ness went to his client at Naughton, and earnestly re- quested him to return the paper, " who answered ' tritle, tratle, ye need not be so curious ; there was a gentleman at his own table told me that there was three copies thereof going through Fife, and my Lord Balmerino had given one thereof to Mr William Scot, another to Mr Alexander Henderson, and thethird, the gentleman would not name.' ' It seems that the laird of Naughton formed the very same opinion of the petition that Balmerino and Rothes had ; he thought it should be absolutely suppressed, and he acted consistently with that opinion. The poison had circulated, however, and there was but one way now of counteracting its effects, which was what Hay adopted, namely, to carry this infernal machine, so cunningly prepared against church and state, directly to the Primate of Scotland. Had this memorable document been simply present- ed to the King, or displayed openly to the country, it would have been comparatively innoxious. But the mysterious and secret circulation of such a revolution- ary scheme, maturing in the closet of Balmerino, or hatching in the pocket of Rothes, noblemen of whom the King entertained the " worst opinion," characte- rized this state delinquency, and the deep design of its conscious perpetrators. To appreciate the conduct of Balmerino, (who was properly selected as the exam- ple on this occasion,) and justly to estimate the danger apprehended by those who advised the prosecution, we SEEDS OF THE COVENANT. 107 ought never to lose sight of the state of the times, or of the fact that secret combinations were then rife, and were well known to be the means constantly employ- ed by such intriguers, whether the object was to ad- vance some petty interests by the ruin of an individual, or the selfish designs of a political clique by the ruin of the state ; — we must keep in mind, (to recur to the ex- pressions of Lord Napier,) " the iniquity of those times, which, for bribery, concussion of the people, and abus- ing of the King, no age can parallel," and which were haunted by the " evil spirits who walk betwixt a King and his people." Charles, then, was advised, to make an example of Balmerino, the factious and ungrateful son of a traito- rous father, — an advice fully justified by the results of the excitement at last triumphantly effected by the very same party, whose Covenant swept all before it, including the Throne. Balmerino received every advantage that equity could demand. He was remit- ted to a jury of his own countrymen, to be tried in his own country, on the statutes against leasing-making, It was ever the demand of the factious in Scotland, that their enemies should be sent home to be dealt with ; and it was a friend and leader of faction that now acquired what to him was an advantage, and very nearly equivalent to an acquittal. He was indicted by Sir Thomas Hope, and the libel presents a curious con- trast to the opinion delivered a few years afterwards by that distinguished legal adviser of the Crown, that the Covenant, (of which the Balmerino petition was but a type or preliminary,) with all its machinery of sedi- tion, was a legal and constitutional act. The Balme- rino petition, however, this indictment characterizes, in 108 INTRODUCTION. the name of the King, as " a most scandalous, reproach- ful, odious, infamous, and seditious libel ;"— speaks of the " curious and furious brain of the cursed and un- happy libeller," who, it adds, " not content with these reproaches, most villanously and despitefully belcht and vomited forth against our sacred person, proceeds to a most fearful and dangerous undermining of our honour, credit, and greatest happiness, in affirming that there is now a general fear of some innovation intend- ed in essential points of religion ; albeit, blessed be God, it be certainly known to all our good subjects that we are, and in all our actings have shown ourselves to be, a most devout and religious prince, hating and abhorring, in heart and affection, all papistical super- stition and idolatry." Strange to say, the Lord Ad- vocate, who did his duty con amove upon this occasion, was the same who, about two years afterwards, so effectually, though secretly, aided and abetted the most seditious plot (being the same 'plot, and the same actors) that ever brought a country to disgrace and ruin. Every art of sedition was exerted to turn the trial of Balmerino into the triumph of democracy. The people were excited into a state of frenzy, and the lives of the judges and the jury were threatened, if they should dare to condemn the accused. It was falsely asserted against the King and his advisers, that the noblemen and gentlemen composing the assize had been secretly influenced, and packed for the purpose of securing a con- viction. Besides all this tremendous machinery of fac- tion to overawe the proceedings, Balmerino was de- fended by the whole strength of the bar, and the rele- vancy was attacked by volumes of elaborate and intri- cate arguments from the civil law, enough tohave turned SEEDS OF THE COVENANT. 109 the brains of the jury. Sir Thomas Hope, with his dis- tinguished powers, cleared away every cloud that the bar could raise from the dust of the civilians, and dis- played the statutes of leasing-making bearing irresist- ibly upon the nobleman he had indicted. According to Bishop Burnet, (whose general account of this trial we shall elsewhere show to be malicious and untrue,) a very extraordinary scene occurred when the jury were deliberating upon their verdict. Gordon of Bucky,a man far advanced in life, who forty- three years before had been concerned in the foul murder of the Earl of Murray, "spoke first of all, excusing his presumption in being the first that broke the silence; he desired they would all con- sider what they were about; it was a matter of blood, and they would feel the weight of that as long as they liv- ed ; he had in his youth been drawn in to shed blood, for which he had the King's pardon, but it cost him more to obtain God's pardon ; it had given him many sorrowful hours both day and night ; and as he spoke this the tears ran over his face ; this struck a damp on all ; but the Earl of Traquair took up the argument," &c. Now Traquair was not a murderer. Upon his mind there was no such awful weight of recollections, and his head was as clear as his conscience. The dri- velling of a superannuated murderer, — for what else was this, — made no impression to the effect, at least, of convincing Traquair that a conscientious discharge of their duty as jurymen, even though the result were the death of Balmerino, would lay the self-same burden upon all their consciences, as that which, for half a cen- tury, had disturbed the repose of Gordon of Bucky. As foreman of the jury, he calmly recalled their attention to the fact upon which they had to pronounce yea or nay, and the verdict was against Balmerino by, it is said, HO INTRODUCTION. only a majority of one. That nobleman had been in- dicted as " airt and part of the penning and forming of the said infamous libel, at the least concealer and not revealer thereof;" also, " of the dispersing and divulg- ing of the said infamous libel ;" also, " of the not ap- prehending of Mr William Haig, whom he affirmed to be the author." The verdict was far more restricted than what the proof might have sustained, and it little justified the accusation against the jury of being subservient and venal. They only found him guilty " of the hearing of the said infamous libel, concealing and not revealing of the said Mr William Haig, af- firmed by him to be the author thereof." The Lord Justice-General (Errol) declared, " that the said John Lord Balmerino has there-through incurred the pain of death contained in the acts of Parliament ; sus- pending always the execution thereof, until the time his Majesty's will and pleasure be shown and declared there- anent ; to whose sacred Majesty the manner, time, and place of the execution of the said sentence is remitted." To overawe the justice of the King, or to rob him of the attribute of his mercy, the senseless mob had been agitated throughout to a pitch of audacity, that now threatened thelites both of the judges and the jury. But the desire of Charles, at no time, was the death of a human being. Into this present prosecution his long-sufferance had been forced by the political iniqui- ty of Scotland, and the selection made was indicative of a lofty sense of justice, but at the same time an extreme moderation in the desire of examples. Had he been the King to carry that example to extremity, — the justice of which must have been acknowledged by civi- lized Europe, — it could not have been his fate to have been led to the block by his own subjects, who usurp- 3 SEEDS OF THE COVENANT. Ill ed the sword of justice, and drove mercy away. The statutes of leasing-making have been sometimes indig- nantly condemned as instruments of oppression and cruelty. They proved to be so, not in the hands of Charles, but in the hands of the Covenanters. A dis- tinguished modern commentator on criminal law, * has more meekly and judiciously criticised the several en- actments against leasing-makers, " a class of offenders, (he says) very fit, indeed, to be sharply reproved, but too rigorously dealt with, in being exposed to the pain of death, even if the legislature had employed more pre- cise terms in describing their offence." None of these statutes had passed in the reign of Charles. The more recent and severe, — forbidding any one, " publickly to declare, or privately to speak or write, any purpose of reproach or slander of his Majesty's person, estate, or government, or to deprave his laws and acts of Par- liament, or misconstrue his proceedings, whereby any misliking may be moved betwixt his highness and his nobility and loving subjects, in time coming, under the pain of death," — had been passed, as a matter of abso- lute necessity, in the year 1585, " to repress the intem- perance of the clergy of those times, who had indulged in violent sarcasm and invective against the King, with relation to his laws for the government of the church ;" and in 1594, it was found necessary to ratify these acts, and to extend the like pains against the insidious, frequently the more guilty, promoters of such revolu- tionary crimes, namely, those hearing and not reveal- ing them. Did the reign of Charles afford fewer in- stances of the propriety of these penal statutes, or prove that it was possible effectually to legislate in more pre- cise terms against the pens, and the tongues, and the * Baron Hume. 112 INTRODUCTION. cunning of democracy ? If Charles had been the Kingto claim the head of the justly condemned Balmerino, the menaces of a faction would have been powerless against his justice, nor could so stern and determined a disposi- tion ever have been compelled, by that very faction, to sign the death warrant of his greatest statesman. But he exercised the mercy so honourable to his nature, — mercy which Balmerino himself, among others, would not suffer the King to extend to Strafford. From his Majesty's own account we shall now quote the result of Balmerino's trial. " Notwithstanding the head of this family, which was first raised by our father, and then be- ing fallen, yet raised by him again, and now relapsed, was once again brought under our axe, as it had been before brought under the axe of our royal father, we, desirous to shew ourself the true heir of none of our blessed father's virtues more than of his mercy and cle- mency, were contented, upon his deep protestations of loyalty for the time to come, to grant him under our great seal for that our kingdom, not only a pardon of that crime of which he stood convicted, but also his liberty and enlargement ; which gracious pardon of ours, when it was delivered to him by our council, who sent for him, being then prisoner in the Castle of Edin- burgh, he did before that table receive on his knees, with the highest magnifying of our mercy, with the humblest acknowledgments of those infinite obligations, by which he and his family stood for ever engaged in the service of us and our crown, with the deepest pro- testations of all loyal, quiet, and peaceable deportment of himself even hereafter, and of bending all his endea- vours to attend upon all our loyal courses and com- mandments, so that our council remonstrated unto us that we had bestowed our mercy and grace upon a man, of whom SEEDS OF THE COVENANT. 113 there could not be the least suspicion of his averseness from our service at any time hereafter, but of whom they might safely promise all forwardness and alacrity in all our just courses, whensoever it should please us to use him. And now this same pardoned Lord Bal- merino, being one of the chief contrivers and most ma- licious prosecutors of this wicked Covenant made against us and our authority, how he can be able to answer it to God, us, and our crown, his own conscience, or to the world, even in the point of honour and reputation, it must be left to the world to judge." The history of " this wicked Covenant," — and if law- less designs, and cruel deeds, perpetrated under a false though specious exterior of religion and patriotism, be sins, the Covenant was indeed very wicked, — we shall have to trace in recording the life and death of Montrose. vol. i. h 114 MONTROSE AND THE COVENANTERS. CHAPTER I. MONTROSE — HUNTLY — HAMILTON — ARGYLE. Montrose was not more than fourteen years of age, when his father, John third Earl of Montrose, died un- expectedly upon the 24th of November 1626. * It must have been from this date to the time of his first going abroad, about the commencement of the year 1633, that the young Earl found in Lord Napier " a most tender father ;"t and, if we may judge from the intellectual ac- complishments which not even his stormy destiny could altogether suppress or conceal, and of which we shall be able to afford proofs hitherto unnoticed, there can be no doubt that the greatest pains had been bestowed upon his education. It is said that, being an only son, he was advised to marry at a very early period of his life, and that he did so is apparent from the fact of his eldest son being sixteen years old, when, to the great grief of Mon- trose, he died at Gordon Castle early in 1 645. | The lady whom Montrose married was Magdalene, a daughter of * We are told by Dr Wishart that Montrose was in his thirty-fourth year when he quitted Scotland for Norway, in the month of September 1646 ; and from other expressions in the same work it would appear that he was born about the close of 1612, or the commencement of the fol- lowing year. f Wishart. t "4th March 1645. Ye heir how Montrois cumis to the Bog (of Geicht, now Gordon Castle.) His eldest son, the Lord Graham, wes in his com- pany, a proper youth, about 16 yeiris old, and of singular expectation. He takis seikness, deis in the Bog in a few dayis, and is bureit in the kirk of Bellie, to his fatheris gryt greif." — Spalding. YOUTH OF MONTROSE. 115 Lord Carnegyof Kinnaird, afterwards first Earl of South- esk. Crawford, the peerage writer, (who obtained mate- rials, for his account of the title, from the Montrose fami- ly, before the year 1 71 4,) tells us that this early marriage interrupted Montrose's studies, but that afterwards he had good masters at home, and applied himself with such success, " that in a very little time he became not merely a great master, but a critic in the Greek and Latin." Certainly he had been a diligent student at some period of his life, and when we consider how soon he entered those stormy scenes that left him but little opportunity for such attainments, we must be satisfied that his boyhood was not spent in idleness. To finish the education so well commenced, Montrose proceeded to the continent, where he remained only for a few years. A contemporary writer, — whose name has not come down, but who savs of himself, that he fol- lowed Montrose in several of his expeditions,* — gives this account of his travels. " In his younger days he travelled France and Italy, where he made it his work to pick up the best of their qualities necessary for a person of honour. Having rendered himself perfect in the academies, his next delight was to improve his in- tellectuals, which he did by allotting a proportionable time to reading and conversing with learned men, yet still so that he used his exercise as he might not forget it. He studied as much of the mathematics as is re- quired for a soldier, but his great study was to read men, and the actions of great men. Thus he spent three years in France and Italy, and had surveyed the rari- ties of the east, if his domestic affairs had not obliged * " A Relation of the True Funerals of the great Lord Marquis of Mon- trose in the year 1661," printed, from the original manuscript, in the ap- pendix to the translation of Dr Wishart's Latin History, edition 1720. 116 MONTROSE AND THE COVENANTERS. his return home, which chanced at that time the late Rebellion began to peep out." This is a more pleasing picture, of the manner in which Montrose was occupi- ed when abroad, than we obtain from Bishop Burnet, who corroborates, however, the account both of our he- ro's learning and his travels. He says that the Earl of Montrose was " a young man well learned, who had tra- velled, but had taken upon him the part of a hero too much, and lived as in a romance, for his whole manner was stately to affectation. "* As this portrait, how- ever, might convey a more favourable opinion than the malicious Bishop intended, he qualifies it by the infor- mation, that, " when Montrose was beyond sea he tra- velled with the Earl of Denbigh, and they consulted all the astrologers they could hear of ; I plainly saw the Earl of Denbigh relied on what had been told him to his dying day, and the rather because the Earl of Mon- trose was promised a glorious fortune for some time, but all was to be overthrown in conclusion." The al- leged accuracy of this prediction is not bad evidence that it never occurred, and there is probably more of malicious detraction in the spirit with which Burnet retails it, than superstitious reliance on the truth of his anecdote. The difficulty of discovering any prominent vices in the character of Montrose has rendered his political enemies, of all eras, vaguely extravagant in their terms of abuse, and somewhat puerile in their anec- dotes of detraction. Conscious that the unprejudiced would still be apt to admire him as a generous hero, though designed a "bloody murderer and excommunicat- ed traitor," such writers have laboured to trace his best qualities from impure sources, and to annihilate the ab- * Burnet's History of his own Times, p. 51, Oxford edition, 1823, with the suppressed passages. YOUTH OF MONTROSE. 117 horred idea of his heroism, by imputing his most bril- liant actions to impulses derived entirely from selfish- ness or superstition. But we shall not pretend to doubt the assertion of another historical gossip, that Mon- trose's " mother consulted with witches at his birth,"* when we remember that that mother was sister to the necromantic Earl of Gowrie ;t though we may be per- mitted to slight what is added by the same chronicler, that Montrose's " father said to a gentleman who was sent to visit him from a neighbour Earl, that this child would trouble all Scotland ; he is said also to have eaten a toad while he was a sucking child."^ * Scot of Scotstarvet, MS. see before, p. 52. f Lady Margaret Ruthven, eldest daughter of William first Earl of Gowrie, and sister of John third Earl, the hero of the Gowrie conspiracy. J Scotstarvet must have thrown this mud at random ; for in an old contemporary MS- of the times of Mary, (in the hands of Mr Macdonald of the Register-House) being a historical defence of that unfortunate queen , the same anecdote is thus told of the Regent Morton : " Morton had credite at the Courte, being left there by the traitoures to give intelli- gence how all maters past there, and how to betray his Mistres ; for they could not chuse a more fitte man than him to do such an act, who from his very youth had been renouned for his treacherie, and of whome his own father had no good opinion in his very infance ; for at a certane time his nurse coming foorth with him in a garden where his father was, with some that had come to visite him, busie in talk, the nurse setting down the childe on the greene grasse, and not much mindinge him, the boy seeth a toade which he snatched up, and had eaten it all till a little of the legges ; which when shee saw, shee cried out, thinking he shoulde have been poisoned ; and shee taking the legges of the toade that he had left as yet on-eaten, he cried out so loude and shrill, that his father and the other gentlemen, who were not far, heard the outcries, who sent to see what should be the cause ; and when the messinger returned and told the mater as it happned, in all haiste he come where his son was, and, understanding as it was, he caused give the legges also, which he greedilie ate up also ; which the father seeing said, the Dewill chewe thee, or burste thee, there will never come goode of thee. As he prog- nosticated so it happned, for after, he was beheaded at Edinburgh, at- tainted, and found guiltie of heigh treason for the murder of the King his maister." Whether, this be a fable in regard to Morton also, we leave -to those who may write his life. 118 MONTROSE AND THE COVENANTERS. It would be a fact of greater interest to establish that Montrose, when in France, " became passionately attached to the military profession, and accepted a commission of captain of the Royal Guard of Louis XIII."* Several modern writers have recorded with- out expressing any doubt as to this interesting circum- stance. That Montrose's innate love of arms and heroic adventure had been first stirred by visiting the war- like nations of the continent, in the age too of Gustavus Adolphus, may readily be believed ; and the manly accomplishments, and military capacities, which so soon distinguished him at home, indicate that when abroad he had studied to perfect himself for the field. But he could not have been much more than twenty- two years of age when he returned to Scotland, about the commencement of the year 1636 ; he was only three years abroad, during which time he was travelling, and it seems that he meant to have visited the east, had his presence not been required in Scotland. Yet some contemporary historians have even asserted that Mon- trose commanded the Scottish Guard in France. San- derson, in his Life of Charles I., (printed only eight years after the death of Montrose,) speaks of that no- bleman's " return from his travels in France, where he had command of the Scots Guard." Heylyn in his cu- rious remarks (printed two years earlier than Sander- son's work) upon Hammond L'Estrange's History of the Reign of Charles I., also records Montrose's " return from the court of France, where he was captain, as I take it, of the Scottish Guard." The command alluded to must have been of that illustrious body, so famous in the romance of history, sometimes called the Com- * Lodge, D' Israeli, also, records the same as a certain fact. YOUTH OF MONTROSE. 119 pany of Scottish Archers, whose high privilege it was to guard the person of the King of France. Arising out of the ancient league between Scotland and France, to protect their respective territories from the preten- sions of England, this corps of alliance, memorable in many a bloody field, became the representative of the kingdom of Scotland in France, where, indeed, our na- tion showed more chivalrous than at home. Bossuet, in his eloquent funeral oration over Henrietta Maria, identifies the Archer Guard with Scotland, in a remark, the severity of which is certainly not applicable to Montrose. The Scotch, he says, in whose hands the King of England placed himself, gave him up to the Parliamentarians, and thus the faithful guards of our Kings betrayed their own ! * There is a circumstance in the history of the Scottish Guard which may account for Heylyn's surmise, and at the same time afford the most probable theory of Mon- trose's first departure from his native country. Before the time of Louis XIII. the guard had lost much of its Scottish exclusiveness, with the concomitant honour and privileges to that nation, and French noblemen aspired to, and ob- tained, the distinctions that still nominally belonged to Scotland. From some original papers on the subject it appears that James VI. was induced to interpose his personal demand to have the guard restored to its pris- tine glory in France, or that it should no longer be identified with his kingdom. This happened in the years 1611 and 1612, when Mary de Medicis was Re- gent of France. In 1624, her son, Louis XIII. ap- pears to have been very anxious to derive this aid * " Lcs Ecossois, a qu'il se donne, le livrent aux Parliamentaires Anglois — et les gardes fidelles de nos Rois, traliissent le leur." — Oraison Funebre de Henr- Marie de France. 120 MONTROSE AND THE COVENANTERS. from Scotland upon its original footing. He granted his patent, dated 19th April in that year, of the " com- mand of a company of a hundred men at arms, vacant by the death of its former commander the late Duke of Lennox," to George Lord Gordon, eldest son of the Marquis of Huntly. This Lord Gordon was the noble- man to whom Montrose, when first in arms for the Covenant, was opposed in the north of Scotland, who was said to have afterwards entertained a fatal jealousy of Montrose in their loyal career, and who finally suffered death in the same cause, about the same time. It appears by various letters, from about the date of this patent to the year 1637 inclusive, that the King of France had long ardently desired the presence of Lord Gordon and his company, which was organized in Scot- land. Hitherto it has been recorded that this noble- man passed over to France, with his brilliant cortege, in 1624, the date of his commission, in which case Montrose was too young to have accompanied him. But that he did not do so until the year 1633 is prov- ed from the tenor of the correspondence alluded to, and the occasion was after Louis had resolved to aid the united princes of Germany against the house of Austria. A contemporary manuscript history of the family of Gor- don says, that young Huntly " conducted with him from Scotland the bravest company of Scotch gens d'armes that ever had been seen in France, all of them gentle- men, and the Baron Gray, one of the most ancient barons in Scotland, for their lieutenant."* The letter of Louis, in which he appoints Lord Gray to be Lieutenant, in consequence of the demise " dujeu Sieur de Gourdon" is preserved with the rest. Manuscript History of the Family of Gordon. Advocates' Library. YOUTH OF MONTROSE. 121 Thus it appears to be distinctly proved that Mon- trose held neither the principal nor the subordinate command of those men-at-arms, nor is there any reason to suppose that he served at all with them. It was not until the year 1637 that their distinguished commander came over to Scotland, apparently for the purpose of re- cruiting the guard ; but his father, the old and sorely per- secuted Marquis, dying about the time, and the insur- rections commencing in Scotland, young Huntly never returned to his command abroad. * The doubtful re- mark of Heylyn may very possibly have arisen from some confusion of Huntly's early history with that of Mon- trose. Upon a comparison of dates, however, it ap- pears most probable that the two noblemen passed over to France together in 1633, — an interesting circum- stance when we reflect upon their future fates.f The Scottish Guard immediately distinguished itself in Lor- rain and Alsace ; and the young Lord Gordon, who ac- companied his father, " was wounded in the thigh at the storming of Spire, valiantly fighting upon the breach of the wall, with his pike in his hand, and never gave * The commission to Huntly, and the French King's correspondence with him, whom he addresses " a Monsieur le Marquis de Gourdon, Capitaine de ma campagnie d'hommes d' armes Ecossois," are printed in the appendix to a History of the family of Gordon, by William Gordon of old Aberdeen. The work is scarce, and appears not to have been consulted by the various writers who have noticed imperfectly and inac- curately Huntly's passing with this company to France. f There is in the Montrose charter-chest, a mutual discharge of all actions betwixt James Earl of Montrose, with consent of his curators, and John Earl of Perth, dated at Edinburgh, 22d October 1632. In the Lord Lyon's list of noblemen attending Charles I. in Scotland at his co- ronation in the month of June 1633, the name of Montrose is given with the word absent after it, both in the pageant and the Parliament. Now, it was early in 1633, being the intermediate date, that Lord Gordon went over to France with his company. 122 MONTROSE AND THE COVENANTERS. over till the city surrendered."* This was the same gallant youth who commanded the left wing of the loy- al army at the battle of Alford, and whose death there so sadly clouded the success of Montrose. The " thirty years war," then, was the school of arms, and its heroes the chivalry, by whose fame at least, if not in actual service with them, Montrose first felt awakened within him the lofty and warlike longings which, Burnet tells us, made him " take upon him the part of a hero too much," though the Bishop will allow no purer source of that demeanour than the fact of hav- ing hunted astrologers with the Earl of Denbigh. Mon- trose returned to Scotland about the close of 1635, or the commencement of the following year, when he met with a reception from Charles I. to which alone has been generally ascribed the most mistaken step of our hero's subsequent career. But before narrating this anecdote, we must notice another nobleman, whose character and conduct exercised a fatal influence in all that befel the King, Huntly, and Montrose. The excellent Sir Philip Warwick, speaking of that prudent Marquis of Hamilton who was the minister of King James, adds, " he had two sons, James and Wil- liam, neither of them so graceful persons as himself, and both of some hard visage, the elder of a neater shape and gracefuller motion than his brother ; how- ever,! was in the presence-chamber at Whitehall, when, after his father's death, he (the elder) returned from his travels, and waiting on the King from chapel with great observance, and the King using him with great kind- ness, the eyes of the whole Court were upon the young man. His hair was short, and he wore a little black * Hist, of the Family of Gordon. HAMILTON. 123 callot>cap, which was not then usual, and I wondered much that all present, who usually at Court put the best character upon a rising man, generally agreed in this, that the air of his countenance had such a cloud on it, that nature seems to have impressed aliquid in- signe, which I often reflected on when his future ac- tions led him first to be suspected, then to be declaimed against. I have lately seen the memoirs of a countryman of his,* who is master of a very good pen, and who hath represented this great man by a light which few others, either of his own nation or ours, discovered him by. Willingly I would sully no man's fame, especially so eminent a person's, for to write invectives is more cri- minal than to err in eulogies. As for myself I was known unto him and ever civilly treated [by ?] him ; however, I must concur in that general opinion, that naturally he loved to gain his point rather by some ser- pentine winding, than by a direct path, which was very contrary to the nature of his younger brother (La- nerick) of whom that gallant, loyal peer, the Earl of Montrose, was wont to say, that even when this gentle- man was his enemy, and in arms against the King, he did it open-faced, and without the least treachery, ei- ther to his Majesty, or any of his ministers, — a charac- ter worthy of a great man, though deflecting from duty."f A curious glimpse of Hamilton has already been af- forded, exciting a smile from his admiring mastty* dur- ing an angry discussion at the councils of Scotland, — " My Lord Chancellor, how can there be such neglect as you speak of, since I know they had almost put my * Bishop Burnet's Memoirs of the House of Hamilton. f Sir Philip Warwick's Memoirs of the Kei#n of Charles I. p. 111. 124 MONTROSE AND THE COVENANTERS. mother to the horn for forty shillings Scots ! whereat the King smiled."* His mother was the noted Lady- Ann Cunningham, of the right covenanting breed, being a daughter of the Earl of Glencairn. This lady was the unrivalled leader of the female church-militant in Scotland. Her officers were the Nicholas Balfours, Eupham Hendersons, Bethia and Elpsa Craigs, and other " godly matrons" of the Covenant. Her veteran guards were such as the stool- propelling Jenny Geddes, and her light troops, the " serving-maids" recorded so exultingly by Robert Baillie as the first victors against Episcopacy. The Marquis was about ten years older than Montrose, and from boyhood had obtained that ascen- dency over the affections and judgment of Charles which enters so deeply into the history of the times. The con- trol exercised by the mysterious "serpentine" Hamilton, was not less pernicious to the country and the King, than had been the influence of Buckingham. In secret, and while, perhaps, only contemplating petty and sel- fish results, his deceptive and wavering conduct sapped the foundations of the throne itself. Burnet has most artfully laboured to gain for him greater favour with posterity than he deserves. But Clarendon, in a single sentence, throws more light upon the Marquis's charac- ter : " His natural darkness (he says) and reservation in discourse, made him be thought a wise man, and his having been in command under the King of Sweden, and his continual discourse of battles and fortifications, made him be thought a soldier ; and both these mistakes were the cause that made him be looked upon as a worse and more dangerous man, than, in truth, he deserved to be." He has, indeed, been suspected of designs in his * Introductory Chapter, p. 30. 4 HAMILTON. 125 political life, probably beyond the range of his vice, and certainly above the flight of his daring. Clarendon, however, throughout his history, appears to have form- ed precisely the same estimate, of this favourite's sin- cerity and patriotism, that Sir Philip Warwick had done. Vandyke has handed him down to posterity, sheathed in bright armour, and grasping his baton, as if he had led the Archer Guard of France, and saved the Crown at home. Alas, he added nothing to the loyal chivalry of his princely house, and when he discoursed of battles, and of Gustavus Adolphus, the characteristic which Burnet attributes to Montrose, may be justly transferred to his insidious enemy, as being one who took upon himself the part of a hero too much. In all his warlike expeditions, not very numerous, but most un- happily conspicuous, he exhibited failures scarcely con- ceivable (considering the occasions and his resources) in a nobleman who behaved with becoming dignily on the scaffold, and touching whose personal courage the severest remark ever made was that uttered by his long-trusting, long-suffering master, when he told the Earl of Lanerick, that he believed him to be an honest man, but that he thought his brother (the Marquis) had been very active in his own preservation.* It is not surprising that one of Hamilton's disposi- tions should have felt some uneasiness at the idea of a rival like the young Earl of Montrose, returning from the seat of war, as Heylyn expresses it, " in the flower and bravery of his age." Of Montrose* too, we are so fortunate as to have transmitted to us a minute per- sonal description. " I shall acquaint you (says the con- temporary already quoted) with both what I know my- * A Relation of the Incident, 1641, by Lord Lanerick. Hardwicke's State Papers, Vol. ii. p. 299. 126 MONTROSE AND THE COVENANTERS. self, having followed him several years in his expedi- tions, and what I have learned from others of good name and credit. He was of a middle stature, and most exquisitely proportioned limbs, his hair of a light chest- nut, his complexion betwixt pale and ruddy, his eye most penetrating, though inclining to gray, his nose ra- ther aquiline than otherwise. As he was strong of body and limbs, so he was most agile, which made him excel most of others in those exercises where these two are required. In riding the great horse, and making use of his arms, he came short of none. I never heard much of his delight in dancing, though his countenance and other his bodily endowments were equally fitting the court as the camp." * Montrose's father had been president of the council ; his grandfather high treasurer, chancellor, and finally viceroy of Scotland ; his ancestors, of royal descent, were distinguished by every circumstance most likely to recommend their representative to the King ; and his own personal accomplishments were such as to plead yet more powerfully in his favour. To ingratiate him- self with such a monarch as Charles, could not fail to be Montrose's first desire on returning from his travels, and he was well entitled to expect to succeed by no * Dr Wishart describes Montrose in similar terms : " He was not very tall, nor much exceeding a middle stature, but of an exceeding strong composition of body, and an incredible force, joined with an ex- cellent proportion and fine features. His hair was of a dark-brown co- lour, his complexion sanguine, of a quick and piercing gray eye, with a high nose, somewhat like the ancient sign of the magnanimity of the Persian kings. He was a man of a very princely carriage and excel- lent address, which made him be used by all princes, for the most part, with the greatest familiarity. He was a complete horseman, and had a singular grace in riding. He was of a most resolute and undaunted spirit, which began to appear in him, to the wonder and expectation of all men, even in his childhood." Hamilton's jealousy of montrose. J 27 more elaborate art than appearing at Court. It is not unlikely to be true, however, that he had been " advis- ed to make his way by the Marquis of Hamilton." The Earl of Denbigh, who, according to Burnet, was Mon- trose's travelling companion, was the Marquis's brother- in-law, and probably suggested this channel of prefer- ment. There can be little doubt that Montrose met with a repulse from the King owing to the art of the favourite, the fact being alluded to by various contem- porary historians, among whom Heylyn, both in his Life of Laud, and in his Commentary upon L'Estrange, gives the following particulars, which are completely corroborated by the whole of Hamilton's subsequent conduct. " The reason (says Heylyn) of James Earl of Mon- trose adhering to the Covenanters, as he afterwards averred unto the King, was briefly this : At his return from the court of France, where he was captain (as I take it) of the Scottish Guard, he had a mind to put himself into the King's service, and was advised to make his way by the Marquis of Hamilton, who, knowing the gallantry of the man, and fearing a competitor in his Majesty's favour, cunningly told him that he would do him any service, but that the King was so wholly given up to the English, and so discountenanced and slighted the Scottish nation, that, were it not for doing good ser- vice for his country, which the King intended to reduce to the form of a province, he could not suffer the indig- nities which were put upon him. This done he repairs unto the King, tells him of the Earl's return from France, and of his purpose to attend him at the time appointed, but that he was so powerful, so popular, and of such esteem among the Scots, by reason of an old de- scent from the royal family, that, if he were not nipped 128 MONTROSE AND THE COVENANTERS. in the bud, as we used to say, he might endanger the King's interests and affairs in Scotland. The Earl be- ing brought unto the King, with great demonstration of affection on the Marquis's part, the King, without taking any great notice of him, gave him his hand to kiss, and so turned aside ; which so confirmed the truth of that false report which Hamilton had de- livered to him, that in great displeasure and disdain he makes for Scotland, where he found who knew how to work on such humours as he brought along with him, till, by seconding the information which he had from Hamilton, they had fashioned him wholly to their will."* The disgust which Charles had conceived at the Rothes party in Scotland, and the circumstances which occasioned that disgust, have been noticed in our intro- ductory chapter. Most probably Hamilton had taken advantage, of the King's disposition to evince upon every opportunity a marked discountenance of all who adher- ed to that faction, to persuade Charles that Montrose was to be a leader among those turbulent nobles. Be this as it may, such a reception of a young nobleman, as yet only distinguished for every personal attraction, must have been as remarkable, as it was mortifying to its object. Sir Philip Warwick tells us, that Charles " with any artist or good mechanic, traveller, or scholar would discourse freely ;" and he also records this trait of the King's affectionate character, that" whenever any young nobleman, or gentleman of quality, who was going to travel, came to kiss his hand, he cheerfully would give * This is from Heylyn's Remarks upon L'Estrange, p. 205. In his Life of Laud he tells the same story, but omits the surmise of Montrose's commanding the Guard of France. It will be observed, as noticed in our introductory chapter, that Heylyn obtained some materials for his Life of Laud from Lord Napier. Sanderson and Whitelock both allude to the circumstance narrated by Heylyn. MONTROSE'S CONTEMPT FOR ARGYLE. ] 29 them some good counsel leading to moral virtue, espe- cially to good conversation, telling them that if he heard they kept good company abroad, he should reasonably expect they would return qualified to serve him and their country well at home." Were it not for the ex- planation given by Heylyn, we might almost suppose, that Charles had now determined to select his favou- rites by a rule contrary to that which had elevated Vil- liers. The hard visage, little black callot-cap, and pu- ritanically cropt hair of the young Marquis of Hamil- ton, had found favour in the sight of the King whose own " love-lock" became the theme of puritanical scur- rility. And there was another young nobleman, gene- rally described as of mean stature, with red hair and squinting eyes, whom the King had already regarded most graciously, admitted to his councils, and loaded with favours. This was Archibald Lord Lorn, after* wards Earl, and Marquis of Argyle, — the coward, par excellence, of his times, — one who through life, but ever at a distance, watched and followed Montrose with sinister and deadly aspect. Argyle was the snake in the grass to his sovereign, as Hamilton was " the serpent in the bosom." Montrose, says Clarendon, " had always a great emulation, or rather a great contempt of the Mar- quis of Argyle, (as he was too apt to contemn those he did not love,) who wanted nothing but honesty and cou- rage to be a very extraordinary man, having all other good talents in a very great degree." The same noble author also remarks of these rivals, that " the people looked upon them both as young men of unlimited am- bition, and used to say, that they were like Caesar and Pompey, the one would endure no superior, and the other would have no equal." Ue Hetz confirms the comparison as regards Montrose, — the parallel be- VOL. I. I ISO MONTROSE AND THE COVENANTERS. twixt Pompey and Argyle would be more difficult to il- lustrate. The old Earl of Argyle had embraced the Roman Catholic faith, and the King, never papistically inclined, commanded him to divest himself of his vast territorial rights, in favour of his son, reserving only a competency for his own life. Lorn, Clarendon tells us, had provoked his father by " disobedience and inso- lence ;" and the old Earl meditated such a disposal of the property as threatened his representative with impo- verished titles. Charles, to save the family, made that arrangement which banished the father, and extorted from him those memorable and prophetic sentences, — '** he would submit to the King's pleasure, though he believed he was hardly dealt with ;' and then, with some bitterness, put- his son in mind of his undutiful carriage towards him, and charged him to carry in his mind how bountiful the King had been to him, which yet he told him he was sure he would forget, and thereupon said to his Majesty, ' Sir, I must know this young man better than you can do ; you may raise him, which I doubt you will live to repent, for he is a man of craft, siibtilty, and falsehood, and can love no man, and if ever he finds it in his power to do you mischief, he will be sure to do it,' " — a prophecy fulfilled to the very letter. But it was fated that Charles should trust Hamil- ton and neglect Huntly, elevate Argyle, and discoun- tenance Montrose, — and that one and all of them should perish on the scaffold. SECRET AGITATION. 131 CHAPTER II. WHEN AND WHY MONTKOSE JOINED THE COVENANTERS. However probable it may be that Montrose would not have been so far misled as he was by the demo- cratical party in Scotland, had the King attached him to his person, instead of repulsing him from court, it is a mistaken idea, though generally assumed for a fact, that in the fever of his disappointment, and without any better impulse, he had on the instant become bitterly opposed to the measures of the King.* Let us glance at the history of the sudden combustion in Scotland, which brought on the great Rebellion, and mark, as pre- cisely as we can, the time and the occasion when Mon- trose joined the ranks of the insurgents. Guided by the policy of Laud, Charles at length de- termined to effect the long-meditated scheme of ecclesi- astical uniformity throughout his dominions. The book of Canons was circulated by authority in Scot- land in the year 1636. The interval betwixt the pro- mulgation of the Canons, and the appointment of the liturgy in the month of July 1637 was employed, by the fomenters of discontent in Scotland, as a pe- riod of secret agitation, during which they laboriously infused into the minds of the people ideas that the laws * Even D'Israeli, doing injustice to his own brilliant and critical Life of Charles, no less than to the character of Montrose, by so loose an asser- tion, thus gives it: "The slighted and romantic hero, indignant at the coldness of that royalty which best suited bis spirit, hastened to Scot- land, and, threw himself, in anger and despair, into the hands of the Co- venanters." — Comment. Vol. p. i v. 15. 132 MONTROSE AND THE COVENANTERS. of the country were about to be infringed, and the Pro- testant religion on the eve of being forcibly supplanted by Popery, — the same false view of the King's inten- tions, that, for a like factious purpose, had been propa- gated against the tithe policy. The scheme of unifor- mity in the Protestant worship of the kingdom was, in itself, rational and praiseworthy, not originating with, but inherited by, Charles. The attempt, how- ever, was ill timed, and worse conducted, and resistance to it in Scotland might have claimed some admiration, as well as sympathy, had that resistance been the na- tural and unanimous expression of a rational feeling, or had it possessed one feature which deserves to be re- garded with other sentiments than disgust. The peo- ple of Scotland, though, as Malcolm Laing well ob- serves, " seldom distinguished for loyalty," were not, ge- nerally speaking, anti-monarchical, nor were they dis- posed, says Clarendon, to enter into " a bare-faced rebel- lion against their King, whose person they loved, and reverenced his government ;" nor, he adds, " would they have been wrought upon towards the lessening the one or the other, by any other suggestions or infusions, than such as should make them jealous, or apprehensive of a design to introduce Popery, their whole religion consist- ing in an entire detestation of Popery, in believing the Pope to be antichrist, and hating perfectly the persons of a^l Papists." A false alarm of Popery was, indeed, the great lever of insurgency in Scotland, and the bet- ter suited for the purposes of those who used it, that the enlightened monarch was capable of regarding it, at the time, as nothing else than what the Church of Scot- land herself now admits it to have been,* namely, a * See " Popular Reflections on the progress of the Principles of Tole- ration, and the reasonableness of the Catholic claims, by a Protestant," SECRET AGITATION. 133 senseless clamour, raised by faction, and echoed by ig- norance. If Montrose's only reason for joining this agitation was a feeling of rancour against the King, it may be supposed that he would have embraced the earliest op- portunity of revenge, by mingling in the first storm that arose against the Episcopal measures. Unquestion- ably there was in his disposition none of the close cun- ning, so characteristic of Hamilton and Argyle. Mon- trose was fearless, open, and even rash in obeying and avowing all his impulses ; and it is scarcely to be cre- dited that had his motives for allying himself to the turbulent inventors of the Covenant, been purely vin- dictive, such a nature as his would have required to be craftily worked upon, even after Scotland was in a blaze. We may trace in the contemporary chronicles of the pe- riod, especially in the letters and papers of the well- known Robert Baillie, afterwards Principal of the Col- lege of Glasgow, the rise and progress of the revolt of Scotland, and we shall find that Montrose, though se- duced and deceived by Rothes, and others of the fac- tion, never, properly speaking, belonged to that faction, or was fully cognizant of their deep designs. Baillie,* writing to Mr Spang, (minister of the Scots congregation in Holland) 29th January 1637, imme- diately after the royal proclamation of the service- book, makes one of those frank admissions which, from a clerical covenanting historian, cuts so deep. He says, that both sides of the " pitiful schism" by which he sup- quoting addresses of the General Assembly of the Kirk of Scotland, in 1813, to the throne in favour of their Catholic brethren. * For the perusal of the manuscript collection of Baillie' s Letters and Journals, as well as the printed abridgement, I am indebted to the Rev. Dr Lee. 134 MONTROSE AND THE COVENANTERS. poses his church is about to be divided, are to blame ; " the one puts idolatry, Popery, superstition, in sundry- things which are innocent of these faults ; they speak of the persons and actions of men otherwise than be- comes, * * * the other seems wilfully to add fuel to their flame, to command upon sole authority, without ever craving the advice of any, so far as we can hear, if such things be expedient, yea if they be lawful," — a view of the whole matter which happens precisely to coincide with Clarendon's statement of the seditious fanaticism of the Covenanters, and the overbearing Episcopal po- licy of Laud. The contents of "the 1 Book," we learn from the same covenanting source, are canvassed before they are known or understood, and pronounced to be a popish ceremonial illegally imposed, — " in a word, that it was nought but the mass in English, brought in by the craft and violence of the bishops, against the mind of all the rest, both of church and statesmen." It is re- markable, considering the previous history of the Church of Scotland, how much laborious agitation it cost the Rothes faction, and the clergy, their instru- ments, to rouse the tumultuous portion of the commu- nity, even with all the advantage obtained from Laud's mismanagement. The violent burst against the ser- vice-book was far from being a spontaneous or general impulse of the people, — " these things (that the liturgy was just the mass in English, &c.) sounded from pul- pits, were carried from hand to hand in papers, were the table-talk and open discourse of high and low."* With all this preparatory agitation, when the royal order, for reading the new service, on Sunday 23d July 1637, was attempted to be fulfilled, in St Giles' Church by the Bishop and Dean of Edinburgh, and in the * Baillie. 3 SECRET AGITATION. 135 Grayfriars by the Bishop of Argyle, the people were passive, we may say to a man. But " incontinent the serving maids began such a tumult as was never heard of since the Reformation in our nation."* Baillie was not present but came to Edinburgh the day after " that foul day,"f the miserable details of which have been fully and frequently recorded to the disgrace of Scot- land, and her church. The privy-council, in their letter to the King, cha- racterized the resistance as " that barbarous tumult, occasioned solely, for any thing we can learn as yet, by a number of base and rascally people." But it appears that Sir Thomas Hope, his Majesty's advocate, and one of the councillors who sign this very report, could have told a different story. " This tumult (says Bishop Guthrie) was taken to be but a rash emergent without any pre-deliberation, whereas the truth is, it was the re- sult of a consultation at Edinburgh in April, at which time Mr Alexander Henderson came thither from his brethren in Fife, and Mr David Dickson from those in the west country, and those two having communicated, to my Lord Balmerino and Sir Thomas Hope, the minds of them they came from, and gotten their appro- bation thereto, did afterwards meet at the house of Nicholas Balfour in the Cowgate, with Eupham Hen- derson, Bethia and Elspa Craig, and several other ma- trons, and recommended to them that they and their adherents might give the first affront to the Book, as- suring: them that men should afterwards take the busi- • Baillie; who thus exultingly records the anniversary of the second Reformation of the kirk : — " This day twelvemonth the serving-maids in Edinburgh began to draw down the Bishops' pride, when it was at the highest, being July 22d 1G37." f Baillie. 136 MONTROSE AND THE COVENANTERS. ness out of their hands," — which, accordingly, the ma- trons undertook to do. Some have affected to treat this story as a gratuitous invention by Bishop Guthrie. Dr Cook attributes the riots, (which, however, he cannot re- strain himself from calling "atrocities from which men not destitute of religious impressions, would naturally have shrunk,") to a conscientious persuasion, "that they were engaged in the cause of religion, and were contributing to purify those temples which apparently they profaned."* Bishop Guthrie, however, is not only generally corrobo- rated by the admissions of Baillie as to the systematic outrages committed by the women, but the fact that the ebullitions of popular fury were arranged before-hand by the leaders of the faction, who pretended to disclaim the riots, is sufficiently proved by an original and anony- mous letter, to that noted character Mr Archibald John- ston, the son of Elspa Craig, — the clerk of the Assem- bly — the procurator of the church, — the framer of the Covenant — the pillar of the cause — and, finally, created a Peer by Cromwell ! " Dear Christian brother, and courageous Protes- tant," says this worthy's anonymous correspondent, " upon some rumour of the Prelate of St Andrews coming over the water, finding it altogether inconve- nient that he or any of that kind, should show them- selves peaceably in public, some course was taken howhe might be entertained in such places as he should come unto. We are now informed that he will not come, but that Brechin is in Edinburgh or thereabout. It is the advice of your friends there, that, in a private way, some course may be taken for his terror and disgrace, if he offer to show himself publicly. Think upon the * Dr Cook's History of the Church, Vol. ii. p. 378. PUBLIC CONVENTION. 137 best way, by the advice of your friends there. I fear that their public appearance at Glasgow shall be prejudi- cial to our cause. We are going on to take order with his chief supporters here, Glaidstanes, Scrymgeour, and Haliburton. So, wishing you both protection and di- rection from your Master,* I continue your own, whom you know, G. 26th October 1638." It has never been hinted that Montrose had any hand in this mean and atrocious organizing of insur- rection. He had no secret sympathies with the party whom he joined. He was not of the Rothes school of politics, although it was Rothes who seduced him. It is nowhere pretended that his disaffection had any thing to do with previous factions. Neither does Baillie name Montrose until after the period when, we shall find, he was first " brought in" f by the faction of the Covenant. The power and ascendency of the mob having been thus cautiously ascertained, — and so successfully that, says Clarendon, " by the time new orders came from England, there was scarce a bishop left in Edinburgh, and not a minister who durst read the liturgy in any church," — anewscene opened in the dramaof democracy. Nor yet in this second scene shall we find Montrose. The distracted and divided privy-council, too incon- gruously composed to act upon any determined plan of co-operation for protection of the King's authority, were assailed by petitions, or supplications, as they were * Meaning the Almighty ! This letter (which we take from the original in the Advocates' Library) is printed by Hailes in his Memo- rials and Letters relating to the reign of Charles I. It appears to have escaped the observation of those who deny the secret organizing of the tumults, and reject with scorn the testimony of Bishop Guthrie. f Baillie. 138 MONTROSE AND THE COVENANTORS. termed, to suspend the imposition of the service-book. The 20th September 1637, a convention was assem- bled, at which noblemen and gentlemen now ventured to appear, commissioned from various shires and burghs to present petitions against the Book, in the name of their constituents, who asumed the designation of sup- plicants. " The oracle," says Bishop Guthrie, " whom the supplicants consulted anent the legality of their proceeding was Sir Thomas Hope, his Majesty's advo- cate, who, though he professed to have no hand in the business, being the King's servant, yet, in the mean- time, privately laid down the grounds and ways where- by they were to proceed ; and that he might not be re- marked, pitched upon Balmerino and Mr Henderson to be the men who, from time to time, should come to him and receive his overtures." First and foremost to this convention came the needy and dissolute Earl of Rothes. With him came Cassils, Eglington, Home, Lo- thian, and Wemyss, Lindsay, Yester, Balmerino, Cran- ston, and Loudon, accompanied by ministers and bur- gesses from Fife and the western shires. Their sup- plications were too respectfully received by the privy- council ; and the excellent Duke of Lennox, who had just arrived in Scotland to attend his mother's funeral, was burdened with the odious task of representing the business fully to his Majesty. The council dissolved, but the supplicants still held meetings for the purpose of organizing- sedition, not being quite satisfied with their numerical demonstration. Various districts were al- lotted to the most active of the ministers attached to the faction, in which they were enjoined, not to preach Christianity, but to agitate — agitate — agitate.* * * " It was laid upon Mr Henry Pollock to deal with those of Lothian, THE BISHOPS ATTACKED. 189 Upon the 17th of October 1637, Balmerino and Lou- don, with their clerical agitators, Dickson and Hender- son, were intrusted with a new step in the insurrection, much beyond a petition against the liturgy. This was " to draw up a formal complaint against the bishops, as authors of the Book, and all the troubles that had been, or was like to follow upon it." Baillie adds, " that night these four did not sleep much ;" and the result of their vigils was the most violent and intolerant docu- merit that had hitherto marked their proceedings. The new petition was presented on the following day for signatures, at a meeting secretly congregated, and the contradictory feelings and expressions which it eli- cited from the " accomplished Baillie," * are worthy of attention. He says, " all did' flee upon it without much advisement ;" and, happening to enter the room at the moment when the paper was passing rapidly under their signatures, " I asked at one or two what they had sub- scribed, who could not inform ; it seems too many went on Jide implicita. I desired the writ to be read over to us who were new come in. When 1 heard the piece, I was in great doubts what to do. Some hard passages .were in it, that had neither been reasoned nor voted." But this clergyman having ranged himself under the banners of Rothes, Balmerino, and Loudon, must put his hand to whatever intolerance they might chuse to prescribe. No man had his conscience under better Merse, and Teviotdale ; Mr Andrew Ramsay to take the like pains with those of Angus and Mearns ; Mr Robert Murray to travail with them of Perth and Stirlingshire* ; and an advertisement was ordered to be sent to Mr Andrew Cant to use the like diligence in the north, and so the ministers disbanded for the time." — Bishop Guthrie. * " So Mr Brodie vaguely characterizes this fantastical chronicler, whose real character we shall take another opportunity of* illustrating, from his own confessions. 140 MONTROSE AND THE COVENANTERS. control than Baillie. If it were troublesome he reason- ed with it, and if very refractory, he prayed ! " After a little silence and advisement, I got my mind extend- ed to subscription upon thir two grounds ; 1 . That the words, ' seeds of idolatry and superstition, and the mass,' with throwing might reach far ; and, indeed, according to my mind, in the Book, after the Englishmen's late commentaries, such seeds truly were sown. 2. That who subscribed a complaint upon the narrative of many wrongs, it was enough to abide by the conclusion, and so many of the premises as truly justified it." * By this reasoning, with an additional assurance, from " the penners and chief hands in that writ," that they intend- ed no more than to oblige all the subscribers to pursue the bishops, but not that each should be tied to believe all the parts of the narrative, Baillie quieted his con- science and signed the paper. " If (says the Covenan- ter) I had refused my hand to it, I had been as infa- mous that day, for marring, by my example, a good * This puerile, not to say dishonest reasoning, was neither more nor less than a mode of smothering his conscience ; for Baillie (whose own record of his covenanting feelings and opinions is a mass of inconsis- tent extravagances) elsewhere uses the' very converse of this reason- ing. In the Assembly of 1638, it was proposed by the faction totally to abjure Episcopacy, as something unlawful in itself. The more conscien- tious of the Presbyterian party disassented from this violent and irra- tional proposition, especially Baillie, who saved his conscience, not by resisting the proposition to the last, but by shuffling out of the vote. All the rest, however, voted generally in the affirmative of the proposition — remove, and abjure. Baillie, exulting in the mean trick that saved him- self from being so committed, criticises those who afterwards complain- ed, that the clerk (a great rogue) took their affirmative as meaning abjure as well as remove, whereas they only meant remove ; the clerk, says Baillie, acted " very justly, for answering affirmative to one part of the question, and negative to none, they ought to be taken as affirming the whole." — Letters and Journals, Vol. i. p. 133. Afortiori,if one sign the whole of a paper, of " many premises," without reserve, he must be held to affirm the wliole. ORIGIN OF THE TABLES. 141 cause, as yesterday I was famous for furthering it with my discourse." — " However, (adds his conscience,) 1 thought then, and yet think, that the penners were yet more happy than wise : I think they were very impru- dent to make that piece so hard, so rigorous, so sharp, that they minded to present to so many thousands sto- machs of divers tempers." Sharp as it was, no stomach refused it, to whom it dared be offered, and though some signed it without knowing the contents, and others without approving them, upwards of thirty noblemen, and many gentlemen subscribed ; nor did any of the burghs, with the single exception of the exemplary town of Aberdeen, escape the revolutionary epidemic. That same day another disgraceful and premeditated tumult occurred, which very nearly effected the murder of the Bishop of Galloway, and actually drove the pro- vost out of Edinburgh, which now was in the hands of the mob. In the evening certain of the nobility (as- sembled contrary to the royal proclamation) " used all diligence to have a council for presenting their magna charta ; which after great pains they obtained." But the faction, though nearly masters of the privy-council, could not prevail so far, at that time, as to obtain a hear- ing for their new supplication. The bishop and the magistrates accused them of being the authors of the recent outrage, and added, that the cause of all the tumults was the frequent congregation in Edinburgh of the disaffected nobles and gentlemen. " In that case," it was artfully replied, "we shall call a convention, to chuse commissioners to wait in small numbers upon the privy-council, in terms of the motion of the provost and the bishop." Thus originated the memorable meet- ing of the 15th November 1637. This, says Baillie, " was the pretence ; but the truth was, that night after 142 MONTROSE AND THE COVENANTERS. supper in Balmerino's lodging, where the whole nobi- lity I think supped, some commissioners, from the gen- try, town, and ministers, met, where I was among the rest : there it was resolved to meet against the 15th of November, in as great numbers as possibly could be had, to wait on the answer of their prior supplication, and to get their complaint once tabled and received." At this covenanting conviviality, the learned but somewhat incoherent and bewildered Baillie, sat in wondrous ad- miration of those long headed arch-insurgents, Balme- rino and Loudon. He " thought them the best spokes- men that ever he heard open a mouth." He says it was " a meeting of harmony, and mutual love, zeal, and gravity beyond what had occurred even in a meeting composed solely of churchmen for forty years." When taking leave of the nobles, however, one of the ministers lectured their Lordships upon the " reformation of their persons, and using the exercise of piety in their fami- lies ; which all took well, and promised fair" The ministers returned to their respective districts of agita- tion, to raise, from their preverted pulpits, the seditious cries that were to bring the people to the meeting of the 15th of November. " The fame of that 15th day spread at once far and broad, even to the King's ear, and all were in great suspense what it might produce." * So closed the second scene. Thus by the arts of a desperate faction, — working in Scotland, under the leadership of the Earl of Rothes, ever since the period when Charles attempted to ame- liorate the country at the expense of the tithe-holders, — was the community wrought up to its highest pitch of excitement before Montrose became in any way con- nected with these proceedings. It was at the great * Baillie. MONTROSE GAINED OVER. 143 convention of the 15th of November 1637, which had been most laboriously organized, that Montrose first ap- peared. " Among other nobles (says Bishop Guthrie,) who had not been formerly there, came at that diet the Earl of Montrose, which was most taken notice of; yea, when the bishops heard that he was come there to join, they were somewhat affrighted, having that es- teem of his parts that they thought it time to prepare for a storm when he engaged." And why had he ap- peared at this time ? Was it that, like Argyle, he lurk- ed behind the scenes until he saw the safest moment for declaring himself, — or was it the spontaneous impulse of patriotic alarm, — or was it, as Dr Wishart says, that " the tales they made, they never wanted fitting instru- ments to tell and spread," and that his youthful and ar- dent mind had been worked upon by the faction? Bail- lie has answered the question in a few expressive words, — " the canniness * of Rothes brought in Montrose to our party V But it can be shewn that even Rothes is not entitled to the sole merit of this conquest. In an ori- ginal manuscript deposition, (taken during that perse- cution of Montrose and his friends, in 1641, which will be the subject of a future chapter,) I find, what had hitherto escaped observation, that Montrose himself names a minister as having laboured to convert him. " Thereafter my Lord (Montrose) says to the deponer, * you were an instrument of bringing me to this cause ; I am calumniated and slandered as a backslider in this cause, and am desirous to give you and all honest men satisfaction :'" Now this deponer is Mr Robert Mur- ray, minister of Methven, — the very clergyman upon whom (preparatory to the grand agitation for this meet- * Canniness, i. e. Scotch cunning. 144 MONTROSE AND THE COVENANTERS. ing of the 15th of November) " it was laid, to travail with them of Perth and Stirlingshire," — the districts in which lay the estates of Montrose, and his relatives, Lord Napier, and Sir George Stirling of Keir. At this grand convention the treasurer Traquair, one of the most able and eloquent of the privy-council, and well disposed towards the King's interests, though ad- verse to the civil aggrandizement of the bishops, chal- lenged their proceedings, says Baillie, " with great ad- miration to some of his wisdom and faculty of speech." But, he adds, " the advocate, after some little displea- sure at the treasurer for his motion, resolved, that they might meet in law to chuse commissioners to Parlia- ment, to convention of estates, or any public business." It was then determined to appoint a committee of twelve, representing as many several estates as in their wis- dom this convention saw fit, that the new constitution should embrace. Rothes, Loudon, Montrose, and Lind- say, were the four noblemen selected ; and Sir George Stirling of Keir, (Montrose's nephew by marriage with Lord Napier's daughter,) was one of those chosen to re- present the lesser barons. Thus originated that scourge of the kingdom, factiously appointed committees, usurp- ing the whole functions of government in Scotland. So artfully was the matter managed as to seem a con- servative act of the privy-council itself, fortified by the legal opinion of the first law officer of the crown. It was, however, as Baillie assures us, a deliberate plan of the faction to constitute a new and irresponsible go- vernment of their own, at which their contemplated persecution of the bishops might be received, and " tabled," a phrase which afforded a vulgar nomencla- ture to a lawless and tyrannical constitution. * " « The Tables." MONTROSE GAINED OVER. 145 Yet the day was not far distant when Montrose was to learn to appreciate a covenanting committee of estates ! when his horror of such tribunals was even to mingle with the gentlest effusions of his accomplished mind, — My dear and only love, I pray, This noble world of thee Be governed by no other sway But purest monarchy. For if confusion have a part, Which virtuous souls abhor, And hold a synod in thy heart, I'll never love thee more. # # * # # If in the empire of thy heart Where I should solely be, Another do pretend a part, And dare to vie with me, Or if committees thou erect, And goes on such a score, I'll sing and laugh at thy neglect, And never love thee more. VOL. I. K 146 MONTROSE AND THE COVENANTERS. CHAPTER III. THE COVENANT CONTRADICTORY VIEWS OF IT FALSE VIEWS OF IT TRUE VIEWS OF IT — HUNTLV's REJECTION OF IT. The constitution of Scotland being thus overturned, the destructive party instantly proceeded to the contri- vance of their memorable charter. The Covenant, that bond of faction and banner of rebellion, is inseparable from the name of Montrose, not only because eventual- ly he fell a sacrifice in the vain attempt to save his King and country from its desolating effects, but be- cause he was amongst the foremost to sign it, and, for a brief space, supported it in council and enforced it in the field. Some, of the original editions of the Covenant are yet preserved in the Advocates' Library, and among the crowded signatures attached to these sad memorials of national turbulence, and human vanity and folly, ap- pears the name of Montrose, conspicuous both from its foremost place, and the characteristic boldness of the autograph. Were this bond what some have imagin- ed it to be, a patriotic and holy expression of unanimous feeling in all who signed it, — a feeling for the preserva- tion of their Religion and Liberties, — had Charles I. really entertained the determined purpose, against the " Independency" of Scotland, which the Covenant is by some supposed to have met, then, however illegal in it- self, and though leading to worse evils than it professed to cure, all who signed it in that good faith and feeling might well be excused. If Montrose, who we shall find only abjured the Covenant after he distinctly saw that THE COVENANT. 147 it was made to serve the ruinous purposes of a revolu- tionary movement, had really signed it under circumstan- ces which necessarily impelled every Christian patriot so to do, his political character would be blameless. It is to be feared, however, that the martyr of loyalty stands not so well excused in his early career. He appears to have taken that step, as many others did, with but crude and confused ideas of its propriety. The best clerical historians ofthe Church of Scotland now admit, or but feebly veil the fact, that the Covenant, as disho- nestly and impiously it was styled, came reeking from the hot^bed of faction, and from the hands of reckless unprincipled politicians. But Montrose was naturally as incapable of conceiving so profound a plot, as he was of appreciating the scope and tendency of the Covenant at the time when he signed it. He was not one of the intriguers who so artfully contriv- ed this too successful scheme against established or- der. Rothes, Loudon, and Balmerino, with their legal demagogue, Archibald Johnston of Wariston, and their clerical apostle Alexander Henderson, — these five are immortalized as its able, though disinge- nuous, devisers. The scheme of the Covenant is well known. It affected to adopt that Confession of Faith — directed against Popery at a time when the popish plots of Spain, and a less enlightened era, rendered the fer- ment more excusable and sincere — which King James in his youth had signed along with the nation. There was originally added to this protestant confession a bond or obligation for maintenance of the true religion, and of the King's person. Some years afterwards James superinduced upon his constitution of the church, the five articles of Perth, and thus, with the acquiescence of his people, introduced that Episcopal imparity of church government, which was virtually the scheme of Knox 148 MONTROSE AND THE COVENANTERS. himself. The adoption of the acts of the previous reign, as the charter of the revolution of 1637, was a trick for the purpose of transferring to the faction a colour of what- ever was' respectable, and constitutional, in those enact- ments. " It was," says the learned historian of the Cove- nanting church, an " expedient admirably devised, the success of which exceeded even their own most sanguine expectation."* The first aim of these power and place hunters, who had progressed from the tithe cabal to the Balmerino petition, and from that to the Tables and the Covenant, was to root out the bishops from church and state. While they pretended, therefore, only to renew, as a solemn form of expressing a loyal and patriotic feeling, what was already the law, they, in point of fact, contemplated the violent abrogation of every vestige of Episcopacy in the island, however constitutionally esta- blished. In the prosecution of this scheme, they at once rendered the bond for defence of the King's per- son and authority, which they pretended to adopt, a dead letter, by adding an obligation to defend each other even against the King himself. " This remarkable addition," says Dr Cook, " gave a new complexion to what was held forth merely as the revival of a former confession, - — this bond places beyond a doubt the determination of those by whom it was framed, to defy even the King himself in attaining the objects which it was designed to secure. Yet Hope, his Majesty's advocate, did not hesitate to give it as his opinion, that it contained no- thing inconsistent with the duty of subjects, a fact strik- ingly evincing how much the spirit of faction can be- wilder even the most vigorous minds. The obligation was written and sanctioned, not by Parliament, not by men acting in any official capacity, but by individuals * Dr Cook. THE COVENANT. I 4() assuming the right of deciding upon the measures of their sovereign, and considering their private judgment as a sufficient warrant for despising his authority."* It is of some consequence to a complete illustration * This is severe upon the " good cause," coming as it does from the pen of one of its most distinguished advocates, — and the apology which immediately follows the condemnation quoted in our text, only tends to show how indefensible that cause in reality is. Dr Cook proceeds to say ; — " it does not alter the case that the cause was really good, — it might have been quite the reverse, and therefore the vindica- tion of the Covenant must not be rested upon the far-fetched attempts to reconcile it ivith loyalty, but upon this great principle, that, when the ends for which all government should be instituted are defeated, the op- pressed have a clear right to disregard customary forms, and to assert the privileges without which they would be condemned to the degrada- tion and wretchedness of despotism." — Hist, of the Church of Scotland, Vol. ii. p. 414-415. But unfortunately, this " great principle," — this hos- pital to which the reverend author refers the foundation of his church after having rendered it raw from his scourge, — is inadequate to the cure. The assumptions involved in the vague, though magniloquent, defence, are incapable of proof, nor does that defence coincide with the circum- stantial animadversion which it was intended to neutralize. To "reconcile the Covenant with loyalty" is not the sole difficulty which Dr Cook's previous censure had presented to the " far-fetched attempts" of its champions. He had accused the Covenant, though in subdued 'and ten- der phrase, of motives and principles that render it very disgraceful! to its contrivers, the most vigorous minds among whom he declares to have been bewildered by the spirit of fiction, — that their scheme was inconsist- ent with the duty ofsidjjects, — that they had assumed the right of decid- ing, and had placed their private judgment against constituted autho- rity ! How does all this quadrate with the author's great principle of vindication, namely, that before the Covenant arose, the ends for which all government should be instituted had been defeated, and the only du- ty of subjects remaining was, that of the oppressed (not thefactiuus) hav- ing a clear right to disregard the principles of the constitution, and to assert their privileges ? Can we reconcile or apply this vindication to the case of the Covenant, which, on the very next page of the same his- tory, Dr Cook thus characterizes, — " The Covenant was, notwithstanding 1 the essential alteration in it which has been noticed, still denominat- ed by its former title, a piece of disingenuity which was not necessary to support the cause, and which afforded its enemies some ground for ques- tioning the integrity of the zealous in< n by whom it was espoused." So difficult is it to defend the Covenant! 150 MONTROSE AND THE COVENANTERS. of the life and actions of Montrose, that we should ob- tain a juster view, of the principles and history of theCo- venant of 1638, than is usually presented to us, even by the most conscientious covenanting historians of the Church of Scotland. Those who glorify the Covenant in vague terms of admiration, without venturing into minute details, are the most apt to record that Montrose only join- ed it from motives of selfish pique, and quitted it from yet more selfish feelings of disappointment. But if it be the case that every art of insurgency had been employed, by a political clique, to rouse the passions and blind the un- derstanding of all classes of the community, and that thereafter they proceeded in a more reckless and head- long course of democracy, — if such, in few words, be the history of the Covenant, it is not difficult to understand how the young and ardent Montrose came tojoin it with thoughtless zeal, and to quit it so soon with disgust and indignation. The movement, however, has been other- wise characterized, and by none more imposingly than by the learned author of a History of the British Empire. The Covenant, according to this writer, was " a grand national movement against arbitrary power, civil and re- ligious," — it was "not merely a cool assent of the under- standing, but of the heart, heated to an enthusiasm, of which a faint conception, only, can be formed by those whohave livedin quiet times ;* the Covenant was embra- ced with tears of penitence for past defection, and shouts * Some are apt to consider the assent of a cool understanding, more trust-worthy and laudable, than the assent of a heated heart, to whatever pitch its thermometer may rise. As for our " quiet times" being incapa- ble of appreciating the enthusiasm of democracy, they are at least mend- ing. Mr Brodie's History was printed in 1822, since when Bristol has been burnt by a reforming mob, and many other circumstances have occurred to remind us of the rise of the troubles in Scotland, and the subsequent fate of the British Monarchy. THE COVENANT. 151 of unutterable joy for the hoped-for fruits," — not of busy faction and seditious agitation, — but of " reconcilement with Heaven." Yet neither will this historian suffer the Covenant to escape without " severe reprehension," — not because it roused rebellion while professing loyalty, and effected a secret combination against the person and authority of the King while it took God to witness a determination to defend both, but because of its " into- lerance towards the Catholic body." " Men," adds our historiographer, " who were themselves smarting un- der the effects of intolerance, might have had sympathy with the feelings of those who also adhered to their own notions of worshipping their Maker,"* — meaning there- by not the protestant Church of England, which the Co- venanters so intolerantly and inconsistently assailed, but the worshippers of the Pope. How incongruous is this idea, of sympathy for Roman Catholic worship being an ingredient in the composition of the Covenant ! so much so, indeed, that we must altogether distrust the vision with which our wrapt historian had contemplated the great presbyterian crisis. For that eloquent page then of Mr Brodie's constitutional history, we would sub- stitute the following details, afforded by the manuscript account of James Gordon, parson of Rothemay.f " The Covenant was no sooner agreed upon, but in- stantly it was begun to be subscribed, in Edinburgh first, and the church chosen out for that solemnity was the Grayfriars church, where, after it had been read * Mr Brodie's History of the British Empire, Vol. ii. p. 471, 472. \ James Gordon was the son of a conspicuous actor in the troubles of Scotland, Robert Gordon of Straloch. Some account of James Gor- don's very curious and valuable contemporary history, which has never been printed, and from which we shall frequently have occasion to ex- tract, will be found in a note at the end of this volume. 152 MONTROSE AND THE COVENANTERS. over publicly, and a long* speech had been made by the Lord Loudon in commendation thereof, Mr Alexander Henderson seconded him with a prayer, and then all fell a swearing and subscribing, some of the nobility leading the way. The first, as I am credibly informed, was John Gordon, Earl of Sutherland, and the next was Sir Andrew Murray, Lord Balvaird, minister at Abdie in Fife, two noblemen who, out of zeal to their profes- sion, without any by-ends, thought it a happiness to be among the first subscribents and swearers to the Covenant. After them, all that were present ran to the subscription of it, and then through the rest of the city it went, every one contesting who might be first, and others, without further examination, or question- ing the articles thereof, following their example. Wo- men, young people, and servant-maids, did swear and hold up their hands to the Covenant. All who were present at Edinburgh at that meeting in the month of February, subscribed and swore to the Covenant be- fore they went from thence, and at their parting, ministers, and noblemen, and gentlemen, who were well affected to the cause, carried copies thereof along with them, or caused them to be written out after their return to their several parishes and counties of Scot- land, which copies were ordinarily written upon great skins of parchment, for which cause, at that time, in a written pasquil, the Covenant was termed the constel- lation upon the back of Aries. And such as took copies along with them to be subscribed, caused ordinarily such as had sworn, or underwritten their names al- ready, if they were noblemen or ministers of note, to set to their hands anew, to the several copies, that, where themselves could not be present to invite others, their handwriting might be their proxy. The months THE COVENANT. 153 of February, March, and April, were mostly spent in subscribing the Covenant, as that time, and some while after, in purchasing hands thereto. The greater that the number of the subscribers grew, the more imperious they were in exacting subscriptions from others who refused to subscribe, so that by degrees they proceeded to contumelies, and exposing of many to injuries and reproaches ; and some were threatened and beaten who durst refuse, especially in greatest cities, (as likewise in other smaller towns,) namely, at Edinburgh, St Andrews, Glasgow, Lanark, and many other places. Gentlemen and noblemen carried copies of it about in their port- mantles and pockets, requiring subscriptions thereto, and using their utmost endeavours with their friends in private to subscribe. It was subscribed publicly in churches, ministers exhorting their people thereto ; it was subscribed and sworn privately ; all had power to take the oath, and were licensed and welcome to come in ; and any that pleased had power and license to carry the Covenant about with him, and give the oath to such as were willing to subscribe and swear. And such was the zeal of many subscribents, that, for a while, many subscribed \vith tears on their cheeks, and it is constantly reported that some did draw their own Mood, and used it in place of ink to underwrite their names. Such ministers as spoke most for it were heard so passionately, and with such frequency, that church- es could not contain their hearers in cities, — some keep- ing their seats from Friday to Sunday to get the com- munion given them sitting, — some of the devouter sex, as if they had kept vigils, sitting all night before such sermons in the churches, for fear of losing a room or place of hearing, or at the least, some of their hand- maids sitting constantly there all night, till their mis- 154 MONTROSE AND THE COVENANTERS. tresses came to take up their places and to relieve them, so that several, as I had it from very sober and credi- ble men, under that religious confinement, were forced to give way to those natural necessities which they could no longer contain. These things will scarce be believed, but I relate them upon the credit of such as knew this to be truth. Nor were they scrupulous to give the Covenant, to such as startled at any point thereof, with such protestations as in some measure were destructive to the sense thereof, as was seen in several instances, so that they got subscriptions enough thereto, and it came to that height, indeed, that such as refused to subscribe were accounted no better than Pa- pists. Such ministers as dissuaded their people from subscription, either had enough ado to maintain them- selves in their parishes, (and though afterwards they did subscribe, yet other quarrels were found to drive them from their stations,) or, if not that, do or say what they pleased, they were held in suspicion and not trust- ed. Although it be true that some ministers, who were recusants at first, did afterwards vie for zeal and ac- tivity with the first subscribents, — by this means both redeeming their delay of time, and rubbing off all sus- picion from themselves, — others were forced to flee and desert their stations and places, being persecuted by their parishioners, especially such as had been active for the bishops, and had been hasty to read or commend the Service-Book, or Book of Canons. Many ministers at first not being well satisfied, refused to subscribe, pretending scruple of conscience, and some few, as we shall hear, were scrupled indeed. Other ministers, as other men likewise, hopeful that the cause would not prevail, refused to swear, fearing that the King and bishops would in the end be masters, and question all THE COVENANT. 155 that was done. Some ministers who were concerned in the bishops, out of fashion, stood out for a while, and suffered e'er they were aware, finding too late to their sad experience, that the bishops, their prop, were removed from them. It were a longsome task to give an account of all the particulars. Most of these passages are fresh in the memories of many now living, who, after some few years, finding the effects not agreeable to their expectation of what was promised, became cold, and remitted of their for- mer zeal, and not a few turned as bitter enemies to the Covenant as they were at first forward friends to it, and died fighting against it, or suffered exemplary deaths upon scaffolds for opposing that which once vo- luntarily they did engage themselves to maintain. All noblemen and gentlemen and others who were wearied of the present government, and maligned the Episcopal greatness, readily embraced it, and most part or all their followers by their example. Ministers who had ever been opposite to the bishops, and such ceremonies as King James had established, subscribed with the first, and by their examples drew either most part of their parishes, or all of them after them. Such minis- ters as refused, they took pains to win over to their side by allurements and dispute, — if they were men otherwise pious, or painful in their calling, or learned, — but if they knew them to be faulty, then they were brought over with threats, and terror of church censures. Such mi- nisters for a while stood out till they saw no shelter else- where, and then there were of them who were glad to flee into the Covenant as a sanctuary ; (instances of such might be given, but I forbear to rub upon the crimes of such who are removed, and gone to their place,) some yet living, and known to have come over upon that ac- count. Finally the fears of the more zealous professors 156 MONTROSE AND THE COVENANTERS. that religion was in hazard, the factious spirits of others, example, allurements, threats, terrors, brought over the multitude. The non-subscribents on the other part might be reduced either to, 1. Papists, for it was de- structive to their profession ; 2. such as would not en- gage for displeasing the King, as holding their places of him, or those who by their refusal of the Covenant thought one day to plead merit and reward at the King's hand, without any further aim or reason, being otherways not concerned in the matter of religion ; others were non-subscribents, as being unsatisfied that the ceremonies of the church of England, Perth arti- cles, and Episcopacy, should be abjured as popery, they being already established ; others quarrelled both with the abjuring of these things for their matter, as also for the formality of the oath, and refused to accept of it, — as pressed without and contrary to authority, without necessity, — or for all these causes together. Albeit the subscription of the Covenant was carried on, as to the multitude, in short space, yet this was but a declar- ing of men's party who before were practised upon, or had fully discovered themselves, nor were they so in- considerate as to fall a subscribing it publicly till they were sure, underhand, of the greatest part of the king- dom, who, for their power and number, might be able to bear down all their opposers. Nor were underhand as- surances wantingfrom Engiand,iov without that, there had been as many opposers as might have rendered the game hazardous and desperate enough. As they did encourage them to declare themselves, so it did quick- ly let all be seen who were either against them upon their own private account, (these were all the Papists,) or such as would own the King's authority, which was now beginning to reel in Scotland. So that now they THE COVENANT. 157 began to be distinguished by divers names, as well as factions, — Protestants and Papists, who were non-sub- scri bents, were put all in one predicament, and called anti or non-Covenanters, and all the subscribents were called Covenanters, which names afterward changed into others equivalent, as the face of affairs altered." This minute contemporary account, of the machinery of the Covenant, is more worthy of credit than the many vague encomiums bestowed upon it by those wri- ters who are anxious to invest a democratical revolu- tion with a sacred character. The following sentences of a letter from Mr David Mitchell, one of the perse- cuted ministers of Edinburgh, to Dr John Lesly, Bishop of Raphoe, afford a curious confirmation of the record of the parson of Rothemay. " The greater part of the kingdom have subscribed, and the rest are daily sub- scribing a covenant. It is the oath of the King's house 1580, with strange additions, a mutual combination for resistance of all novations in religion, doctrine, and discipline, and rites of worship that have been brought in since that time ; so as if the least of the subscribers be touched, — and there be some of them not ten years of age, and some not worth twopence* — that all shall con- cur for their defence, and for the expulsion of all Pa- pists and adversaries, (that is, all that will not subscribe,) out of the church and kingdom, according to the laws, whereof an hundred are cited in the charter. This goes on apace. The true pastors are brought into Edin- burgh to cry out against us wolves, and they, with our * To evince the universal feeling against the liturgy, the petition of the faction, to the Chancellor, after the tumults, ran thus, — "Unto your Lordship humbly shews, we men, women, and children, and servants, in- dwellers in Edinburgh, being urged with this book of service," &c. 4- 158 MONTROSE AND THE COVENANTERS. brethren here, Mr Andrew Ramsay, Mr Henry Pol- lock, and your whileome friend the Principal, [Adam- son] crying out that they are neither good Christians, nor good subjects, that do not subscribe, nay, nor in covenant with God, have made us so odious that we dare not go on the streets. I have been dogged by some gentlemen, and followed with many mumbled threatnings behind my back, and then when in stairs, swords drawn, and ' if they had the Papist villain, oh.'* Yet I thank God I am living to serve God and the King, and the church, and your Lordship. Your chief [Rothes] is chief in this business. There is no- thing expected here but civil war." These are not the only contemporary sources from which it can be proved that the views of those writers who maintain that a unanimous, spontaneous, pious and patriotic impulse gave birth to the Covenant, are baseless and rhapsodical. f But even had that political * Compare this with the secret letter to Archibald Johnston, quoted supra,]). 136. Robert Baillie, though he sometimes condemned the system, has expressed his sense of the value of strokes in making a Covenanter. ,( D. Monro (he says) since his strokes, is amongst the foremost in our meetings." Monro had been nearly stoned to death, by the women of Kinghorn, for his supposed affection towards the bishops. f There are some very curious and amusing letters written in 1G38, during the covenanting tumults, by one signing himself "Jean de Ma- ria," (and obviously addressed to the Duke of Lennox in England from one of his household in Scotland,) jDrinted by Lord Hailes, in his Histori- cal Collections, from the originals preserved in the Advocates' Library. They are very long and circumstantial, and evince in the writer great penetration, spirit, and humour- Nothing can be more complete, in an epistolary form, than "Jean de Maria's" expose of the arts of insurgency that begot the Covenant. He says that the King's backwardness to take strong measures against the Covenanting combination, " makes many doubtful whether he be disposed to break the same, and resent the wrong which is done him thereby, in a true degree or not, which is the cause that a thousand and a thousand are come in within this month, and sub- scribed the same, who otherwise had undoubtedly stood out;" and, " if 4 THE COVENANT. 159 movement not been characterized by the lawless plot- ting of a faction to concuss and terrify the lieges into their scheme, it would still have been but a gigantic in- stance of that fallacious harmony of patriotic feeling which is so graphically exposed by Dr Johnson, in tra- cing the rise and progress of a factious petition multitu- dinously signed."* In the course of his admirable illustra- tion he says, — " Names are easily collected ; one man signs because he hates the Papists, another because it will vex the parson, one because he is rich, another because he is poor, one to show that he is not afraid, and an- other to shew that he can write." And such, on a larger scale, was the patriotism of the Covenant. The grand national movement, the penitent embraces, the tears, the shouts of joy unutterable, the promised hopes, all that Mr Brodie has so imposingly crowded into his beau ideal of that revolutionary charter, was but the seditious agitation, the false excitement, the senseless clamour, and the lawless violence, of its day. " The passage, however," continues Dr Johnson, in the ce- lebrated political essay to which we have referred, — " is not always smooth. Those who collect contribu- you knew what odd, uncouth and ridiculous courses they use to draw in ignorant fools, fearful fasards, women and boys, I can hardly say whether it would afford his Majesty more occasion of laughter or anger;" and among other instructive illustrations contained in these letters is the following : " You may judge whether we who have not subscribed the Covenant are in [a good] taking, when an insolent clavering puppy, [quere] whose wife is a sister of our Sheriff's, (whose deportment for many respects I regret most of any man's in this county,) and who qua- lifies himself as his joint commissioner for this shire, dared be so pert as to come down to our church, and there, seeing how few were like to concur with them, say, that he desired but the names of those who should refuse to subscribe, with a note of their worths in means or otherwise, and let them alone to take order with them." — Original MS. Advocates' Library. * " The False Alarm." 1770. 160 MONTROSE AND THE COVENANTERS. tions to sedition sometimes apply to a man of higher rank, and more enlightened mind, who, instead of lend- ing them his name, calmly reproves them for being se- ducers of the people." Would, that, in pursuing the parallel, we might claim this lofty position for Mon- trose. But, although certainly not of the faction who secretly organized and propelled the movement, Mon- trose was carried by the arts of insurgency, and, for a time, deluded like many others. There is one no- bleman, however, in whom the parallel is sustained. He, who " instead of lending them his name, calmly reproved them for being seducers of the people," was George Gordon, Marquis of Huntly, the solitary noble- man who, from the first moment of the covenanting excitement, never hesitated in his determined loyalty, although, unfortunately, his means of assisting the King were not in proportion to his inclination. Huntly, whose early distinction in France we have already noticed, had been reared at the Court of Eng- land with Prince Henry, and Charles then Duke of York, and, under the superintendence of King James, (who had found the task of protecting his father, the popish Earl, neither easy nor safe,) was instructed in the protestant doctrines of the church of England. Thus the reputation of the old Earl, and his own epis- copal education, made it easy for the presbyterian party to denounce Huntly as a papist, whenever he presum- ed to evince his loyalty. This nobleman was, more- over, much embarrassed in his circumstances, having contracted debts, to the amount of about a hundred thousand pounds Sterling, in keeping up his military state abroad during the lifetime of his father. The Covenanters made one attempt to bring over Huntly, by mercenary offers, before it fell to the lot of Montrose HUNTLY REJECTS THE COVENANT. 161 to endeavour the conversion of the north vel arte vel marte. There had lately returned from the German wars Colonel Robert Monro, afterwards conspicu- ous as a covenanting commander, who had served under Gustavus Adolphus. He is described as a fear- less and free spoken soldier, of some powers of ad- dress, who had been at the Court of England, where, it is said, he was slighted and had retired in dis- gust. This officer suggested to the Earl of Rothes the great advantage of acquiring Huntly for a military lea- der, and offered himself as an agent to negotiate the deli- cate proposal. Charged accordingly with a commission to that effect, Colonel Monro set out for Huntly's place of Strathbogie, where the Earl received him as an old companion in arms, and presently, while they were walk- ing together in his garden, was insulted by his guest, with the temptation in these terms : " It is," said the Colonel, " my love and duty towards you and your house, that have induced me to come with a proposal which I intreat you to take under your serious consideration. There is now so strong a party combined against the King, that whoever shall attempt to raise a party in his favour will find themselves in the proportion of one to a hundred. I am commissioned, on the other hand, to offer you the Covenant, and to say that, if it please you to give in your adherence to that party, you will be chosen for its leader, and your fortunes restored ; but if you de- termine to adhere to the King, and oppose the Cove- nant, means will be taken to render your assistance to his Majesty totally ineffectual, yourself will be ruined, and your house sink under its load of a hundred thou- sand pounds of debt."* The manuscript from which this anecdote is derived, does not proceed to say that * James Gordon's MS. VOL. I. L 162 MONTROSE AND THE COVENANTERS. Huntly handed over his guest to the " hangman of Strabogie,"* but that the Colonel, having delivered his harangue so as to impress the Earl with a feeling that it was at least not meant as an insult, received this short and resolute reply : " My house," said Huntly, "has risen by the Kings of Scotland, has ever stood for them, and with them shall fall ; nor will I quit the path of my predecessors ; and if the event be the ruin of my Sove- reign, then shall the rubbish of his house bury beneath it all that belongs to mine." It is added that Huntly sent his Majesty an account of this proposal, in order to put him on his guard. Thus it became the great object of the Covenanters to destroy Huntly, and to revolu- tionize the district over which his loyal influence, in conjunction with the enlightened learning of Aberdeen, prevailed against the arts of insurgency. The noble- man whom they selected to accomplish this important end was Montrose. * " James Grant came with four and himselfe, to the ground of Stra- bogie upon the tenth of Aprile 1836 ; and, be chance, came to the hang- man's house, and craved some meat. But he knew not that it was the hangman's house of Strabogie." — Spalding. HAMILTON COMMISSIONER. 163 CHAPTER IV. Hamilton's first visit to Scotland as commissioner from the king — montrose's first visit to Aberdeen as commissioner from the covenanters. It was immediately before Montrose's first expedi- tion to the north that the Marquis of Hamilton arrived in Scotland, invested with authority, as the King's Com- missioner, to settle that unhappy kingdom, by yielding as much as, under the circumstances, it was possible for a King to yield. The Marquis's mother was well known to be a zealous Covenanter; but Hamilton's intentions to- wards " the cause" were yet a mystery, and probably not absolutely determined in his own breast. It was arrang- ed, by the factionists, first to mortify the Commissioner with studied neglect, and then to alarm him by means of an imposing demonstration of " the majesty of the peo- ple." Hamilton had written to the whole nobility, and gentry of note, to meet him at Haddington, and many " would gladly have done him that honour, but, for se- veral reasons, it was decreed that none of the subscrib- ers (of the Covenant,) no not of his nearest friends and vassals, should go."* If, as there are grounds for pre- suming, a vision of the Crown of Scotland being trans- ferred to his own head had long secretly presented it- self to Hamilton, this unlooked for mark of disrespect could not have been very agreeable, and, accord- * Bail lie. 164 MONTROSE AND THE COVENANTERS. ingly, when Loudon and Lindsay met him with excuses from the rest of the aristocracy, he was so highly of- fended as to be on the point of turning his horses heads back again to Court. But Rothes, — the canny Rothes, — " having communed some two or three hours with him in Dalkeith, appeased and removed his mistakings." * It was on the 8th of June 1638, that Hamilton made his vice-regal progress from Dalkeith to Holyrood House, by Musselburgh and Leith. " In his entry, I think at Leith (says Baillie) as much honour was done unto him, as ever to a King in our country. Huge multitudes, as ever was gathered on that field, set them- selves in his way. Nobles, gentry of all shires, women, a world ! the town of Edinburgh all at the Watergate. But we were most conspicuous in our black cloaks, above five hundred on a brae-side, in the links alone, for his sight ; we had appointed Mr William Living- ston, the strongest in voice and austerest in counte- nance of us all, to make him a short welcome" This last compliment, however, the Commissioner, who had obtained a timely hint of the probable nature of such covenanting welcome, begged to decline, and it was be- stowed upon him afterwards in private. Already did Hamilton adopt that system of duplicity, in negotiat- ing betwixt the King and his rebellious subjects, which eventually paralyzed the loyal struggles both of Huntly and Montrose. " The Marquis, in the way, was much moved to pity, even to tears ; he professed thereafter his desire to have had King Charles present at that sight of the whole country so earnestly and humbly cry- ing for the safety of their liberties and religion.' 1 ! One of the most characteristic anecdotes, however, of that cele- * Baillie, t Ibid. HAMILTON COMMISSIONER. 165 brated progress is the following, which we extract from James Gordon's manuscript : " At this meeting betwixt the Commissioner and the ministers, there passed a rencounter, which, though related upon the by, may- give matter of laughter to some in a serious business. The Commissioner, passing by the crowd of the mini- stry, who were there waiting on his entry, did re-salute them in a very respectful manner, who were all mak- ing curtsies to his grace. At this time he, looking upon them with a smiling countenance, repeated the words of Matthew v. 13,* in Latin, vos estis sal terra. A minister, not far distant, who could not distinctly hear what the Commissioner spoke, questions another minister, who was nearer, upon the Commissioner's words, who, wittingly, instead of what the Commission- er had spoken, told him, ' Brother, the Commissioner said, it is we who make all the kail salt,'' alluding to a Scottish proverb, which is usually spoken when any thing is said to mar or undo an action, or to make mis- takes. There was so much of salt truth in the jest that it was by many taken notice of, though what sense the Commissioner spoke it in is unknown" Scarcely had Hamilton been a month in Scotland, when an incident occurred which first awakened the suspicions of Montrose that the excitement of the times, on the subject of Religion and Liberties, was taken ad- vantage of, for other purposes, by traitors too near the throne. Montrose had been selected, along with Rothes and Loudon, to treat, on the part of the Covenanters, with the Royal Commissioner during that revolution- ary struggle of protestation against proclamation, which, * " Ye are the salt of the earth : but if the salt have lost his savour wherewith shall it be salted ? it is thenceforth good for nothing, but to be cast out and to be trodden under foot of men." 166 MONTROSE AND THE COVENANTERS. owing to the peculiar management of Hamilton, now raged as fiercely as ever. After one of these disgrace- ful scenes it was, that Montrose, Rothes, and Loudon, with their reverend agitators, Messrs Henderson, Dick- son, and Cant, being admitted to an audience of the Commissioner, in presence of the Privy-Council, his Grace, at the close of their conference, requesting the councillors to remain in the audience chamber, accom- panied the deputation through the royal apartments in Holyroodhouse, till they arrived at the great gallery, where, leading them into a corner, he addressed them confidentially in these remarkable words : " My Lords and Gentlemen, I spoke to you before those Lords of Council as the King's Commissioner ; now there being none present but yourselves, I speak to you as a kindly Scotsman. If you go on with courage and resolution you will carry what you please, but if you faint, and give ground in the least, you are undone, — a word is enough to wise men" This story, if it be true, is deci- sive of the character of Hamilton, and that it is true, neither the direct evidence offered in support of it, nor the remarkable confirmation afforded by every thing that can be ascertained of the conduct and character of that statesman, permit us to doubt.* It is recorded by Bishop Guthrie (then minister of Stirling) who, after narrating thus circumstantially the time, place, and oc- casion, with the particular words uttered, proceeds to support his statement by what he calls, " my warrants for what I have set down." 1. On the same dav that * Dr Cook has only noticed this anecdote in a note, as follows : — " Guthrie, in his Memoirs, p. 34, 35, records a speech as made by Hamil- ton, which, if genuine, would place his treachery beyond a doubt ; but the evidence of his having spoken it is not conclusive, and Burnet has satis- factorily established his loyalty." — Vol. ii. p. 446. HAMILTON'S DOUBLE-DEALING. 167 the conference occurred, Mr Cant, one of the deputa- tion, told this extraordinary story to Dr Guild, who the next morning repeated it to Mr David Dalgleish, mini- ster at Coupar, Mr Robert Knox, minister at Kelso, and to Henry Guthrie himself. 2. On the evening of the day that Guthrie heard this from Dr Guild, " the said Henry (says the Bishop of himself) being that night with the Earl of Montrose at supper, his Lordship drew him to a window, and there told him, in the very same terms Dr Guild had reported it to him, adding, that it wrought an impression, that my Lord Hamilton might intend by this business to advance his design,* but that he would suspend his judgment until he saw farther, and in the meantime look more narrow to his walking." The enemies of Montrose are precluded from the argument that Bishop Guthrie had been imposed upon by a false statement of that nobleman to prejudice his rival, for Mr Cant, also present when Hamilton, as alleged, so addressed the deputation, had made the very same narration previously to Dr Guild. It remains then to defend Hamilton by supposing that his words had been misunderstood, or that the whole story, with its alleged proofs, is a circumstantial falsehood, delibe- rately recorded in his closet by Bishop Guthrie, f Such violent suppositions, however, are rendered desperate by the conduct of Hamilton himself, as subsequently * i. e. On the Crown of Scotland. f Mr D' Israeli notices this anecdote against Hamilton, and adopts it but he has stated the evidence inaccurately. He says, — " this remarkable conversation is given by Bishop Guthry, who at the same time furnish- es his authorities. The same story had reached Montrose in the same words." — Commentaries on the Life and Reign of Charles I. Vol. ii. 310. This critical writer seems not to have been aware that Hamilton ad- dressed the speech to Montrose himself who repeated it from his oun knowledge to Bishop Guthrie. 168 MONTROSE AND THE COVENANTERS. disclosed. Whatever might be his ulterior objects, and whether he was swayed at the time by selfish and va- cillating timidity, or a deeply plotting ambition, there is no doubt that he was acting a double part, ruinous to his King and country, and most discreditable to him- self. We learn from Baillie, that Hamilton met the sedi- tious demonstration of the Covenanters with affectionate sympathy, that even showed itself in tears, and that he lamented the King himself was not there to be edified and subdued in heart, by the " humble crying" of the pa- triotic multitude. " His Grace's countenance and car- riage," says Baillie, " was so courteous, and his private speeches so fair, that we were in good hopes for some days to obtain all our desires." A few months afterwards, the same chronicler, in his account of the memorable as- sembly of 1638, favours us with this portrait of the Commissioner : " I take the man to be of a sharp, ready, solid, clear wit, — of a brave and masterly expression,— loud, distinct, slow, full, yet concise, modest, courtly, yet simple and natural language. If the King have many such men he is a well served prince. My thoughts of the man were hard and base. But a day or two's audience wrought my mind to a great change towards him, which yet remains, and ever will, till his deeds be notoriously evil." So writes our penetrating Covenanter in 1638; but in the following year, at the treaty of Berwick, we find him again at fault in his at- tempts to fathom the serpentine favourite : " The Mar- quis's ways were so ambiguous that no man understood him, only his absolute power with the King was oft there clearly seen." Now at the very period when Hamilton felt, or affected, such melting sympathy for his seditious countrymen, he was corresponding with his royal master, in terms inevitably calculated to impel HAMILTON'S DOUBLE-DEALING. 1 69 the peaceful and generous, but hasty monarch, into hostile expressions and projects, which Hamilton him- self had pre-determined should proceed no farther than just to compromise the honour of the King, and aggra- vate the disaffection of Scotland. Burnet tells us in general terms, without producing the letters, that, soon after his Grace had arrived in Scotland, he transmitted to the King a detailed account of the state of affairs ; he advised him to garrison Berwick with 1500 men, and Carlisle with 500, and to follow up these orders vigo- rously in person, at the head of a brave army, which, if the matter were well managed, would be crowned with victory. Hamilton added, however, a caution, calculated to mingle doubt and weakness with the vigorous mea- sures he provoked, — " he represented withal, (says Bur- net) that his Majesty would consider how far in his wisdom he would connive at the madness of his own poor people, or how far in justice he would punish their folly, assuring him their present madness was such that nothing but force would make them quit their Cove- nant, and that they would all lay down their lives e'er they would give it up." That, notwithstanding his cro- codile tears, and " his private speeches so fair" in Scot- land, Hamilton, while he acted so equivocally there, had done his utmost to inflame the King, and that hav- ing done this, he continually checked the spirit he had roused, and thus occasioned that contradictory policy which has been solely attributed to want of sincerity in Charles, — all this may be gathered even from the very partial view of the correspondence with which Burnet chose to favour the public. It is impossible, then, un- der all the circumstances, to doubt the truth of the anecdote which Bishop Guthrie has recorded. That at this, the second meeting of Hamilton and Mon- 170 MONTROSE AND THE COVENANTERS. trose, another instance of the duplicity of the former should have occurred, so similar to that which had driven Montrose from Court, is somewhat remarkable, and raises our curiosity to know in what manner the wily commis- sioner was at this same time speaking of Montrose to the King. Now of this we happen to be informed by a letter from the Marquis to his sovereign, dated 17th November 1638, which, though suppressed by Burnet, has been presented to the world in that very valuable collection, the Hardwicke State Papers.* In this letter, his Grace comments upon the Covenanters in a manner that would have petrified their deluded chronicler Baillie. " It is more than probable," he says, " that these people have somewhat else in their thought than religion ; but that must serve for a cloak to rebellion, wherein for a time they may prevail, but to make them miserable, and bring them again to a dutiful obedience, I am confident your Majesty will not find it a work of long time, nor of great difficulty as they have foolishly fancied to them- selves." And of the leading Covenanters he thus speaks : " Now, for the Covenanters, I shall only say this, in ge- neral they may all be placed in one roll, as they now stand. But certainly, Sir, those that have both broach- ed the business, and still hold it aloft, are Rothes, Bal- merino, Lindsay, Lothian, Loudon, Yester, Cranston. There are many others as forward in show, amongst whom none more vainly foolish than Montrose. But the above-mentioned are the main contrivers." Here we obtain another curious confirmation of the truth of Bishop Guthrie's anecdote, for, taking that anecdote in connexion with the above letter, it brings out a game of double-dealing, forming a perfect pendant to what Hamond L'Estrange has recorded against Hamilton on * Vol. ii. p. 413. MONTROSE'S MISSION TO ABERDEEN. 171 the former occasion. To Montrose, and the rest of the covenanting deputation, his Grace represents the King as an enemy to Scotland, who must be energetically opposed in order to be vanquished. To the King, on the other hand, he points out Montrose, not, indeed, as one of the deep contrivers of the Covenant, but as an enthusiastic adherent, generally intoxicated with a vain ambition, — -just such a character, in short, as he had pre- dicted of him before to induce the King to exclude Mon- trose from Court. Hamilton, having managed matters in Scotland so as to satisfy the leaders of the Covenant that they had the ball at their foot, returned in the month of July to report progress to his Majesty, and to obtain instruc- tions as to the demand for an Assembly and Parliament. In the interval, the Covenanters were most anxious to bring under subjection the loyalists in the north, that when the Commissioner returned it might be said that the whole of Scotland was within the pale of the Cove- nant. Montrose was the leader entrusted with this im- portant, and it might be perilous, expedition to seduce or concuss the learned and loyal Aberdonians. It was not a warlike expedition, however, but rather a crusade of itinerant agitators, taking advantage of a vacation at the main scene of action, to stir up dis- affection in quiet districts, and, by threatening the respectable and haranguing the vulgar, to create that false excitement upon which a vicious revolution de- pends. There can be little doubt, however, that Rothes organized the scheme, and influenced Montrose in the conduct of it. This appears to be proved by the fol- lowing letter, addressed by the former to his cousin, Pa- trick Leslie, and dated 13th July 1638, shortly before Montrose and his party arrived at Aberdeen. 172 montrose and the covenanters. " Loving Cousin, " Because vour town of Aberdeen is now the ■r only burgh in Scotland that hath not subscribed the Confession of Faith,* and all the good they can obtain thereby is, that if we sail fairly, as there are very good conditions offered, they shall be under perpetual igno- miny, and the doctors that are unsound punished by the Assembly ; and if things go to extremity because they refuse, and, in hopes of the Marquis Huntly's help, the King will perhaps send in some ship or ships and men there, as a sure place, and if that be good for the coun- try, judge ye of it. It is but a fighting against the High God to resist this course, and it is so far advan- ced already, that, on my honour, we could obtain with consent, 1. Bishops limited by all the strait caveats ; 2. To be yearly censurable by assemblies ; 3. Articles of Perth discharged ; 4. Entry of ministers free; 5. Bishops and doctors censured for bygone usurpation, either in teaching false doctrine or oppressing their brethren. But God hath a great work to do here, as will be short- ly seen, and men be judged by what is past. Do ye all the good ye can in that town and in the country about, — ye will not repent it, — and attend my Lord Montrose, ivho is a noble and true-hearted cavalier. I remit to my brother Arthur to tell you how reasonable the Mar- quis Huntly was being here away ; he was but slight- ed by the Commissioner, and not of his privy-council. No further. I am your friend and cousin, " Rothes." * * i. e. The Covenant. This first sentence of Rothes's letter does infi- nite honour to Aberdeen. f This letter is printed from the original, (which is in private hands) for the Bannatyne Club, in the appendix to Rothes's Relation, present- ed by James Nairne, Esq. 3 MONTROSE'S MISSION TO ABERDEEN. 173 Montrose was accompanied upon this occasion by Lord Couper, the Master of Forbes, Arthur Erskine, (a brother of the Earl of Mar,) Sir Thomas Burnet of Leys, Sir Robert Graham of Morphie, and, instead of an armed host, the redoubtable trio called the " three apostles of the Covenant," viz. Henderson, Dickson, and Cant. The district to be honoured with this special visitation was an oasis in the desert. The arts of insurgency had been so successful throughout the rest of Scotland, as to create a specious, but false, appear- ance of national feeling in favour of the Covenant. Here, however, all that was rational, well-ordered, and estimable, was yet actually predominant. Blasphemy did not pass current for piety, nor the darkling and destructive ravings of fanaticism, for the out-pour- ings of gifted and enlightened minds. The towns and College of Aberdeen were at this time rich in divines and professors eminently distinguished for their learn- ing, integrity, and good sense. The celebrated Dr John Forbes of Corse was Professor of Divinity in old Aber- deen, Dr William Lesly, Principal of the King's Col- lege, and Dr Alexander Scroggie, minister. In new Aberdeen, Dr Robert Baron was Professor of Divinity, and Drs James Sibbald and Alexander Ross were mini- sters. The characters and habits of these highly gift- ed, and sorely persecuted, clergymen of the north, were afFectingly pictured about a century ago, by a townsman of their own. " These," he says, speaking of the divines whom we have enumerated," were then the ministers of Aberdeen, famous then, yet, and ever will be, for their eminent learning, loyalty, and piety. While they were allowed to live there, there was no such cry heard in the streets of that then loyal city, to your tents, O Is- 174 MONTROSE AND THE COVENANTERS. rael, the common cant then of the Covenanters. They were faithful pastors, — they led their flocks to quiet wa- ters — they fed them with wholesome food, brought from the Scriptures, and the practice of the primitive Christ- ians. They had read most exactly the writings of the ancient fathers, in their own language, undervalued now because unknown to the present teachers in that city. They knew the practice of the primitive Christians, in the time of their hottest persecutions by the heathen emperors. They taught their people to obey the King as supreme, and those subordinate to him, for conscience sake, and not to rise up in arms and rebel for conscience sake, as the Covenanters did. They were affectionate fathers to their flocks, — they taught them, in the words of the wise man, My son, fear God, and honour the King, and meddle not with those 'who are given to change, and as they taught so did they practise. In fine, the learned works they left behind them, will con- tinue their fame all the learned world over, as long as learning is in any esteem." Such were the champions who, when they heard of the approaching visitation by Montrose and his party, cheerfully made ready to do intellectual battle with the " three apostles of the Co- venant."* The town-council of Aberdeen, informed of the honour that awaited them, had met upon the 16th * Mr Brodie, overlooking a whole district peopled with those who en- tertained independent, rational, and conscientious feelings in abhorrence of the Jesuitical Covenant, — and in the face of the fact that Huntly himself was murmured against in the north for his supposed want of energy in support of the Episcopal and loyal cause, — thus shortly disposes of the exception of Aberdeen : " In about two months the Covenant obtained the assent of almost every quarter of Scotland, with the exception of Aberdeen, which was withheld through the influence of the Marquis of Huntly, its patron." — Vol. ii. 471. montrose's mission to Aberdeen. 175 of July, and resolved to persist in their refusal of the Covenant, and to remain firm in their obedience to the King. * But with the most cordial and Christian feel- ings were these admirable royalists inclined to meet the disturbers of their peace, and future persecutors. No sooner did the commissioners arrive than the provost and bailies sent one of their number to compliment them, and to offer what was called the courtesy of the town, being a collation of wine and confectionary. " But," says honest Spalding, " this their courteous offer was disdainfully refused, saying, they would drink none with them until first the Covenant was subscribed, whereat the provost and bailies were somewhat offend- ed, took their leave suddenly, and caused deal the wine in the bead-house, amongst the poor men, which they so disdainfully had refused, whereof the like was never done to Aberdeen in no man's memory." It was not alone with food for their bodies that Montrose and his party were greeted at Aberdeen ; there was at the same time tendered to their excited minds, the whole- some sedative of certain rational queries and doubts con- cerning the merits of the Covenant. These were pre- sented to the Commissioners, soon after they had alight- ed from their horses, in a paper drawn up by the pro- fessors and divines of Aberdeen, in which they also de- clared, that, if Montrose and his compatriots would re- move these doubts, the propounders would join in that Covenant with them, from which they had hitherto ab- stained not without many and weighty reasons, though, by reason, they were most willing and anxious to be convinced. There can be no question that even the three apostles of the Covenant were powerless, in all save the arts of insurgency, before the wisdom, the learn- ing, and the Christian integrity of these northern divines. * Town Records of Aberdeen. 176 MONTROSE AND THE COVENANTERS. So to the arts of insurgency they instantly betook them- selves. The request they preferred, in reply to the challenge of the doctors, was no less than to be permit- ted to occupy the pulpits on the following Sunday, when they engaged to convert the people, and to satisfy the doctors themselves. To this modest demand it was an- swered by the champions of Aberdeen, that, although they were willing to yield to any rational proposition, yet they must be excused from admitting to their pulpits those who were anxious to contradict the established doctrines, taught there by clergymen who ought first to be convinced that those doctrines were erroneous. Thus the ministers of Aberdeen were so unreasonable, according to Baillie's view of their conduct, as to insist upon preaching in their own pulpits to their own flocks. The result we may give in the words of Spalding, who was present in Aberdeen at the time : " Upon the morn, being Sunday, thir three covenanting ministers intended to preach, but the town's ministers keeped them therefrae, and would give them no entrance, but preached themselves in their own pulpits. They, see- ing themselves so disappointed, go to the Earl Maris- chall's Close, where the Lady Pitsligo, his sister, was then dwelling, a rank puritan, and the said Mr Alex- ander Henderson preached first, next Mr David Dick- son, and lastly Mr Andrew Cant, all on the said Sun- day, and divers people flocked in within the said close to hear thir preachers, and see this novelty. It is said this Mr Henderson read out, after his sermon, certain articles proponed by the divines of Aberdeen, amongst which was alleged, they could not subscribe this Cove- nant without the King's command, whereunto he made such answers as pleased him best." From James Gor- don's manuscript it also appears, that this was one of montrose's mission to Aberdeen. 177 • the too frequent occasions when the sacred functions of clergymen were perverted to the purposes of political agitation. They chose the intervals of the regular ser- vice of the day, in order to collect the people, and, ac- cordingly, says James Gordon, " a numerous convention resorted to hear them ; nor wanted there many who came also for derision, which was manifested by the people, of whom some, with little civility, from the leads of a not far-distant building, threw a raven into the crowd of the convention while they were at sermon, which was ill taken by all discreet men. All the three ministers that day preached by turns, over the large win- dow of a wooden gallery that looked into the yard to- wards the multitude. The arguments of their sermons were, for the brief sum thereof, agreeable to their pro- testations and remonstrances, and concluded with exhor- tations and invitations to the people to join in cove- nant with them, and how necessary it would be so to do at that time ; likewise in their sermons they did read the queries of the doctors of Aberdeen, and made a fa- shion to answer them." On the Monday following, the ministers of the Covenant again preached, or rather ha- rangued the mob, by turns, and their mingled threats and ravings were crowned with a miserable success. Some country ministers of little note, and one doctor, of inferior learning, (Dr William Guild,) were induced to subscribe the Covenant. Among certain burgesses of Aberdeen who subscribed, and for whose conver- sion the apostles of the Covenant took great credit to themselves, we find Patrick Leslie, Rothes's cor- respondent, who, thus instructed, had probably made a party before-hand, — an idea, indeed, confirmed by James Gordon, who says, " the result of their preach- ing was the public subscription of some that night vol.. i. M 178 MONTROSE AND THE COVENANTERS. and of some others the week following, who were thought by many to have either delayed, or been pur- posely kept off till that solemnity, both for the credit of the speakers, and that they might be a leading prepa- rative and example to others." But the greatest prize gained by Montrose and his party upon this occasion was Dr Guild, though the terms of his submission scarcely justify their exultation. That clergyman, along with Mr Robert Reid, minister at Banchorie, only signed, " with these express conditions, to wit, that we acknowledge not, nor yet condemn, the Articles of Perth to be un- lawful, or heads of popery, but only promise, for the peace of the church, and other reasons, to forbear the practice thereof for a time. 2. That we condemn no Episcopal government, excepting the personal abuse thereof. 3. That we still retain, and shall retain, all loyal and dutiful subjection and obedience unto our dread Sovereign the King's Majesty, and that in this sense, and no otherways, we have put our hands to the foresaid Covenant. At Aberdeen, 30th July 1638."* Having thus distinguished themselves in Aberdeen, Montrose and his party, about thirty on horseback, vi- sited various districts of the north, holding meetings with ministers and presbyteries, and picking up- signa- tures to the Covenant, from all whom fear, fanaticism, or ignorance characterized, rather than enlightened re- flection. Within the presbytery of Stratlibogie, how- ever, the perambulators did not venture, for the heart of that was the residence of Huntly. During this excur- * This important qualification was attested by the signatures of the Commissioners themselves, in these words : " Likeas, we under sub- scribing do declare that they neither had, nor have, any intention but of loyalty to his Majesty, as the said Covenant bears." — (Signed,) Montrose, Couper, Forbes, Morphie, Leyes, Henderson, Dickson, Cant. MONTROSE S MISSION TO ABERDEEN. 179 si on from Aberdeen, the doctors prepared and printed a reply to the feeble answer their adversaries had put forth to the queries and doubts presented on their arri- val ; and when Montrose and his cavalcade returned to Aberdeen, a paper war awaited them on the subject of a mission that was incapable of a rational defence. Each party claimed the victory upon the whole result of this crusade, though it was not much to boast of on either side. Montrose returned to Edinburgh with a parchment full of signatures, too contemptible for his- tory to record, and which he himself was ere long to despise. The doctors of Aberdeen remained in pos- session of a field of reason, in which their antagonists had been Henderson, Dickson, and Cant. 180 MONTROSE AND THE COVENANTERS. CHAPTER V. IN WHICH IT WILL BE SEEN THAT MONTROSE WAS NOT THE MOST DISRE- PUTABLE OF THE LEADERS IN THE GENERAL ASSEMBLY OF 1638. Hamilton returned to Scotland early in August, with an altered countenance. " The Commissioner," says Baillie, " came back before his day, and Dr Bal- canqual with him. He kept himself more reserved than before. His mother he would not see. Colonel Alex- ander he did discountenance. Mr Eleazer Borthwick he met not with. After four or five days parleying no man could get his mind. The King indeed was displeased with his mother, and when his brother Lord William's patent for the earldom of Dunbar came in his hand, he tore it for despite, as he professed, of her. Colonel Alexander openly did give countenance to the nobles' meetings. Mr Eleazer was the man by whom his Grace, before his commission, did encourage us to pro- ceed with our supplication. * From all these now his Grace's countenance was somewhat withdrawn." Yet, * This confession of Baillie's is remarkable, and when compared with Hamilton's professions to his trusting master, his secret denunciations of the Covenanters, and his execrations (to the King) against Scotland, af- fords oneof those startling illustrations of the favourite's duplicity, which will not permit us to doubt the truth of those anecdotes of his double- dealing, and treacherous deportment, so circumstantially related of him by Hamond L'Estrange, and Bishop Guthrie. Mr Eleazer Borthwick is now known to have been the great emissary between the growing re- volutionary factions of England and Scotland. He was a Scotch clergy- man, but of the covenanting or political temperament, which was too apt in those times to supersede the pastoral duties of a Christian clergyman. GENERAL ASSEMBLY, 1638. 181 when last in Scotland, Hamilton had so impressed the Covenanters with the idea of his inclination towards them, that even Henderson, their most honest and able apostle, ventured to print, as an argument in his con- troversy with the doctors of Aberdeen, that the com- missioner himself was favourable to the Covenant, and well satisfied in regard to all their proceedings, — an as- sertion which that nobleman, with real alarm, but af- fected indignation, now took the utmost pains to con- tradict. * It is well known that, upon his return to Scotland, the Commissioner, in the name of the King, offered cer- tain rational proposals for the restoration of order, the security of the persons and property of the lieges in Scotland, and the protection of the freedom and consti- tutional form of elections, as the necessary conditions of summoning an assembly and parliament. These con- ditions were vehemently resisted by the Tables, whose object was to obtain such control over the returns as would insure to them the power of packing their con- ventions ; in other words, of retaining the Tables, under a different denomination. Hamilton had also suggested to the King a method of superseding the Covenant itself, by putting in place of it the Confession of Faith, esta- * Hamilton published a long manifesto to clear himself, upon which it is remarked, by James Gordon in his MS. — " The Covenanters on the other part publish an answer to the commissioner's manifesto, in winch they confessed that they never heard him say so much, verbally, that he was satisfied with that declaration, hut, that by probable reasons, which they expressed, they were induced to believe that he was satisfied there- with. It cannot be denied but the three ministers did affirm it positive- ly in their printed answers, and many thought that all the injury that they did to the Marquis was, that they should have told so much, for afterwards it appeared that they had no great reason for to think other- wise of him, than they gave out concerning him then. But this paper shot quickly ended betwixt him and them." 182 MONTROSE AND THE COVENANTERS. Wished by various statutes in the previous century, (of which statutes the Covenant professed to be simply a loyal and patriotic renewal,) and commanding it to be signed by his privy council of Scotland, and the whole nation. This Protestant confession, (generally distin- guished from the Covenant as the King's Covenant or Confession of Faith,) and his Majesty's unqualified recall, by proclamation, of every measure that could be construed an innovation upon the Religion, Laws, and Liberties of Scotland, might well have satisfied the peo- ple, and would, in fact, have done so, had it not been the interest of a faction to meet as usual the gracious con- cessions of their Sovereign, by a specious and public pro- testation. The insatiable demands of the Covenanters, and their conduct throughout, have been variously com- mented upon, and by none with more effective severity than by Dr Cook. Speaking of the crisis to which we allude, that historian observes, — " The various acts of concession .were regularly proclaimed, and it was with much reason hoped that moderate men would be contented, and would resist any endeavours to thwart the intentions of the King. A protestation, however, replete with the most disingenuous reasoning, and evin- cing the determination of the leading Covenanters to re- sist all terms, was read,* and the Earl of Montrose ap- peared, upon this occasion, in name of the discontented nobility. This conduct of the Presbyterians cannot be justified."" t * It was read by Archibald Johnston, and most probably composed by him. It is inserted at full length in the King's Large Declaration. f History of the Church of Scotland, Vol. ii. pp. 450, 451. But why not justify them upon some " great principle," as in the instance we have noticed before, p. 149. Perhaps the fact of Montrose being pro- minent upon this occasion rendered a justification less desirable to a historian of the kirk. GENERAL ASSEMBLY, 1 638. 183 Unquestionably this crisis displays Montrose in one of the most factious positions of his early and mis- taken career. Yet still, though thus excited, and carried with the movement, he was an active par- tisan of the Covenant only in public. Of the secret workings, and ultimate objects, of the political party to which he was attached, Montrose was cognisant only in proportion to the congeniality of his dispositions with those of the hypocritical Rothes, the faithless Hamil- ton, and the cowardly Argyle. If, in the history of the Memorable Assembly of 1638, we do trace indications of Montrose having been forward, factious, and in- temperate, we discover him at the same time cha- racteristically distinguished, by his manly and open bearing, even from such Covenanters as Henderson and Baillie, who are generally represented to us as if they had passed without a blemish through those revolutionary transactions. From Baillie himself we obtain an involuntary expose of a convention, the most lawless, tyrannical, and anti-christian, that ever took in vain the sacred names of Religion, and Liberty, and Law. A marked feature of the covenanting revolu- tion was this, that in regard to all the main articles of " the cause," its most plausible professions, and princi- ples, were unblushingly contradicted by its practice. Popish superstition and tyranny were irrationally im- puted to the measures of Charles, — and grossly mani- fested in the doctrines and acts of the covenanting cler- gy. A freely constituted national Assembly was sedi- tiously demanded from the King, — and the Covenanters proceeded to pack a convention, by means subversive of the fundamental principles of liberty, and freedom of election. The inviolate possession of their laws \\ as 184 MONTROSE AND THE COVENANTERS. tumultuously maintained against a monarch, who never dreamt of subverting them, — and, anon, before the in- quisitorial tribunals of the Covenant, churchmen, and statesmen of the first respectability, already condemned unheard, were insolently summoned to receive their doom from self-constituted judges, who disregarded the established rules of evidence, and scorned the attributes of justice and mercy. This destructive Assembly met at Glasgow in the month of November 1638. " On Wednesday the 21st November," says Baillie, " with much ado could we throng into our places, an evil which troubled us much the first fourteen days of our sitting. The magistrates with their town-guard, the noblemen with the asssist- ance of the gentry, at times the Commissioner in person, could not get us entry to our rooms, use what force, what policy they could, without such delay of time, and thrusting through, as grieved and offended us. Whe- ther this evil be common to all public confluents, or if it be proper to the rudeness of our nation alone, or whe- ther the late times, and admiration of this new re- formation, have at all public meetings stirred up a greater than ordinary zeal in the multitude for hear- ing and seeing, or what is the special cause of this ir- remediable evil, I do not know ;* only I know my spe- cial offence for it, and wish it remedied above any evil that I know in the service of God among us. As yet no appearance of redress. It is here alone, I think, we might learn from Canterbury, yea from the Pope, yea from the Turks or Pagans, modesty and manners, at least their deep reverence in the house they call God's * Perhaps it was what modern factionists have termed " the pressure from without." CONSTITUTION OF THE ASSEMBLY. 185 ceases not till it have led them to the adoration of the timber and stones of the place. We are here so far the other way, that our rascals, without shame, in great numbers, make such din and clamour in the house of the true God, that if they minted (offered) to use the like behaviour in my chamber, I would not be content till they were down the stairs." The subsequent pro- ceedings were in perfect keeping with this opening scene. The details are minutely recorded by the keen partisan who has favoured us with the above, but we shall confine ourselves to what affords an illustration of the conduct and position of Montrose in this Assembly. Montrose, as we have observed, was not fully in the con- fidence of the Rothes' clique, and, although at this moment co-operating with them too ardently, was in reality less a party to their secret designs than Baillie, who, in many respects, was himself deluded and deceived. The mix- ture of shrewd reflections, and simple confessions, thrown out in the letters of that chronicler, betray in a great measure the dishonest constitution of the celebrated convention we are considering. But this light is par- tial and accidental, for it was not Baillie's object to de- tect and expose the cabal. To the record of James Gordon we must turn for a detailed account of the scheme of the General Assembly of 1638 ; and as that account has hitherto remained in manuscript, and will not be found abstracted in the pages of our latest his- torians of the Church of Scotland, no excuse need be of- fered for presenting it verbatim to our readers. " The time appointed for the Assembly was drawing on apace, and commissioners began to be chosen every where. To the end that such might come there only who should stand firm in all the ends of the Covenant, 186 MONTROSE AND THE COVENANTERS. it was resolved that two sorts of ministers should be passed by. Of the first sort were moderate ministers, who, though they had subscribed the Covenant, yet had discovered their inclinations to rest satisfied with the King's last declaration. The second sort were mini- sters non-Covenanters, for whom order was taken that their election should be protested against, if they were elected by plurality of votes, and that they should be processed, (which could hardly be shunned by any means,) so they would be sure that all such should be laid by, and have no vote in the Assembly. Next, for such ministers as they were sure did incline to the Co- venant order was taken that (in case they got not a full vote of the ministers in their respective presby- teries) the ruling elders should have vote in their no- mination then, and even after, for which purpose they send their avise to the several presbyteries to send in ruling-elders from every church session, who should equal the voices of the ministers in every presbytery. This device was thought (not only by the King but by many others) disadvantageous to the ministers in four respects : For 1. That no minister should be Com- missioner to the Assembly but such as the ruling-elders pleased, for they being equal in number with the mi- nistry, and six ministers being to be put upon the list, out of which three were to be chosen, it is the practice that all the six ministers must be removed at the elec- tion, and have no voice themselves, so that undoubt- edly the ruling-elders behoved for to over-rule the election of the three ministers to be chosen j or if in any presbytery the six ministers gave their voices be- fore their removal, yet, no man being able to give voice to himself, of necessity the number of lay- voices (if they were unanimous,) must exceed the number of the mini- CONSTITUTION OF THE ASSEMBLY. 187 sters' voices by one, although the ministers should con- tradict them. 2. Hereby ruling-elders in presbyteries were made capable of a casting voice upon the mini- sters, or by equal voice to make a schism and stop all that they pleased. Nor can the answer that is given to the inconvenience satisfy, — viz. that ministers are still moderators, — except you grant a negative to a mo- derator. 3. That whatever the General Assembly con- cluded, the Parliament should likewise conclude that same, (except the King's negative hindered, which ever after the Assembly at Glasgow was denied to him,) for their instructions ordered noblemen to be chosen rul- ing elders where they were, and all such have vote in Parliament. Next, that, for want of noblemen, the chief gentlemen should be chosen commissioners to the as- sembly, who probably likewise (or some of them,) would be chosen commissioners to the Parliament. For the barons the like may be said, and was seen of the burghs their commissioners, and they were sure what such had voted in an Assembly they would vote over again in a Parliament. This made the Tables so contest to have the Assembly meet before the Parliament should sit down, that so the acts of Parliament might depend on the General Assembly, the members of the Ge- neral Assembly depend on the Tables, or be the very members of the Tables, but neither Parliament nor Assembly any more to depend on the King, but in effect upon themselves, as it appeared in the fol- lowing years after they took the power in their hands. Lastly, by this means the laics excused themselves from the power, and from all fear of the clergy, and this was the temper that the noblemen did find out for to curb the untowardliness of the former presbyterian power, which the ministry had exercised in the mino- 188 MONTROSE AND THE COVENANTERS. rity of King James. These conclusions (as has been already told) though they were prosecuted with great violence by the laity, yet they did meet with resistance amongst the ministry in several presbyteries, and in some presbyteries by all the ministers ; for either they refused to let them sit with them, or desired a time to deliberate how they could admit such an innovation, seeing that the Covenant did oppose the like, because, beside the reasons which I mentioned formerly, it was alleged that, albeit at the beginning of the Reformation there was a necessity for ruling elders, yet it was never ordained that they should be equal in voices, or num- ber, with ministers ; and next they denied that ever it had been practised that laymen should nominate churchmen who were to be commissioners ; they desire them, therefore, to name their lay commissioner, and for to let the ministers name the churchman commis- sioner, being that ministers knew best who were ablest amongst themselves for such an employment. Yet this contest was ineffectual upon the ministers' parts, for the ruling elders will sit and voice in the election, who, if they can, shall be only such ministers as the Tables had pitched upon, of whom, thus chosen, some had eight mi- nisters' voices, and the suffrages of twenty-two ruling el- ders. However the plurality of the ruling-elders' voices mostly carried it everywhere. This was complained upon by some ministers to Mr Andrew Ramsay, and Mr Hary Rollock, ministers at Edinburgh, men of the Covenant. But they were answered, that it behoved to be swallowed for the time, otherwise the nobility and Boroughs threatened to desert them, which would be a division contrary to their oath. Their next care that the ministers thought on for this evil was for to enter protestations against this clero-laicall, linsey-wolsey, 3 CONSTITUTION OF THE ASSEMBLY. 189 suffrages and elections. But the nobility had got their foot into the stirrup — there was no remedy for these laic-bishops but patience ; it was believed no time now to retire ; so all these motions were stifled in the cradle, and proceeded no further than grumblings, of which there was abundance." » The above history suggests the reflexion, that as the unanimity of the nation in signing the Covenant, so much insisted upon by covenanting historians, was false and fallacious, so was the pretended harmony of feeling, and unity of patriotic purpose, upon which they have laid equal stress in recording the history of that memorable Assembly, the mere machinery of a faction, out of which arose the covenanting constitution of Scotland. Nor can the accuracy of the account we have quoted be doubted ; for not only is itconfirmed by Bishop Guthrie and others, but we find Baillie, in his epistolary history of that As- sembly, using these remarkable expressions, — " thirty- nine presbyteries already have chosen their commis- sioners as they were desired''' by the Tables in Edin- burgh, — and afterwards he affords, unwittingly, a valu- able testimony to the superiority which the mind of Montrose displayed, even in the moment of his most factious position, over the meanness of his early political associates. The anecdote now alluded to we proceed to illustrate. Certain instructions had been sent to the Presbytery of Brechin to direct them in the choice of a representa- tive. Erskine of Dun was first elected, as their ruling- elder, by the voice of one minister, and some lay elders. Thereafter the Presbytery met in a greater number, and, by the voices of all the other ministers and elders, Lord Carnegie, the eldest son of the Earl of Southesk, and 190 MONTROSE AND THE COVENANTERS. Montrose's brother-in-law, was elected. Montrose con- sidered Erskine a more out-and-out Covenanter than Carnegie, and, accordingly, the commission of the for- mer, having been transmitted by the presbytery to be advised by the Tables, was returned with an imprima- tur on the back of it, to this effect, that the commission must be sustained, and that Carnegie's election was il- legal, having passed contrary to the instructions of the Tables. The leading signature to this bold assump- tion of authority was that of Montrose, who, accord- ingly, now tendered Erskine's Commission to be read publicly by the clerk of the Assembly. Baillie says, " the clerk, I think unadvisedly, read in public, not only the commission, but also the Tables' subscribed appro- bation on the back." This clerk was the notorious Ar- chibald Johnston, and it was not from manliness that he had read aloud what Baillie wished had been kept out of view. The account in the King's Declaration is, that the clerk read out various reasons written on the back of Erskine's commission in support of it, " in which, amongst other things, it was objected against the Lord Carnegie's election that it was made contrary to the directions of the Tables at Edinburgh, which the clerk perceiving stopped, and would read no further." But the Commissioner instantly caught at the advan- tage, and demanded a copy of that commission, with the deliverance on the back, and the names of those who had subscribed it. The earnestness with which the Marquis of Hamilton pressed this demand in the name of the King, and the severity of his animad- versions upon the proceedings of the Covenanters, present one of those contradictory views of his own policy which sometimes raise a doubt whether his object was to support the King or the Covenant. DISPUTE RAISED BY MONTROSE. 191 It is only, however, when these instances are consider- ed hastily, and by themselves, that an idea of true- hearted loyalty can be suggested in his favour. Upon the present occasion Hamilton knew that Montrose was the person responsible for this undisguised assertion of the supreme jurisdiction of the Tables ; and all his present earnestness, and vehement assertion of consti- tutional authority, is accounted for by the desire of ob- taining such plausible evidence against the nobleman of whom he was so jealous. The Moderator absolutely re- fused to comply with the Commissioner's demand, which Hamilton repeated, and said it was necessary to the performance of his duty in the King's service, as his Majesty's delegate, that he should be furnished with a copy. With increasing heat Henderson replied that it could not be granted, as the declaration on the back had been both written and read accidentally, and was but a 'private note. " It is no accidental writ, or private pa- per," rejoined Hamilton, " for it has been publicly pre- sented to the Assembly, by a member of high place and quality, as a justification of his own proceedings in the particular election, and I hereby protest,— which I would do were I the meanest subject in the land, instead of his Majesty's High Commissioner, — against the with- holding of any thing so exhibited in a court of justice." After much discussion, Hamilton desired the Modera- tor to put the question, which Henderson refused to do. The King's Declaration, from which the above details are taken, proceeds to say that, — " the Commissioner, with some mild expressions of distaste, said, ' Let God Almighty judge, if this be a free assembly in which his Majesty's Commissioner is denied that which cannot be denied to the meanest of his subjects', and at last he took instruments, in the hands of the Clerk- Register, 192 MONTROSE AND THE COVENANTERS. that he was refused the copy of a declarator given in to the Assembly, delivered into the clerk's hands, and publicly read by the clerk, in which, amongst other things, was contained that the election of the Lord Carnegie, commissioner from Brechin, was invalid, as being contrary to the directions of the Tables of the commissioners at Edinburgh ; which occasioned the Moderator to say that the Commissioner needed no copy of it, he had so faithfully repeated all that was contain- ed in it. The Commissioner, hereupon, since he could not obtain a copy of it, desired all present to be wit- nesses of what the Moderator had spoken, and that he had acknowledged his faithful repetition of that part of the declarator whereof he was refused a copy, and there- upon again took instruments. In this business, Sir Lewis Stewart, one of the Commissioner's assessors, spoke some few words, which the Moderator being about to answer, the Lord Montrose forbade him to answer one who had no place to speak there. Afterwards there arose a great contest betwixt the Earl of Southesk, one of the Commissioners assessors, father to the Lord Car- negy, and the Moderator, with so much heat on the Moderator's side, and some Lords who sided with him, that the Commissioner was put to moderate the Mode- rator, and quench the heat of the choleric assembly, for which many of them gave the Commissioner thanks." The following additional particulars of this scene are from the manuscript of James Gordon. " Montrose disputed for Dun, and by eighty persons attested Dun's election. Southesk disputed for Carne- gie his son, with whom the Commissioner, in Carne- gie's absence, took part ; but the Assembly sided with Dun. The stir grew so great that the Moderator wish- ed both their commissions to have been annulled before MONTROSE DERANGES THEIR COUNCILS. 193 such heat should have been. To this did Southesk answer sharply. The Moderator replied that he had been his minister twenty-four years, yet had never wronged him. Loudon then said that no lord ought to upbraid a moderator ; and then Southesk excused himself and qualified his own words. The contest be- twixt Montrose and Southesk grew so hot, that it ter- rified the whole Assembly, so that the Commissioner took upon him the Moderator's place, and commanded them all to peace." But it is Baillie who supplies the fact of most import- ance to our estimate of Montrose's conduct and charac- ter while thus aiding the storm of faction. Baillie's own objection to the proceedings was not that the Ta- bles controlled the presbyteries, but that Montrose should have been so rash as to commit his party, by a written declaration to that effect on the back of the com- mission, and the clerk of the assembly so hasty as to read it aloud. Mr David Dickson, one of the three apostles who accompanied Montrose to Aberdeen, even took the liberty to express some such opinion to the Assembly, for Baillie adds," when Mr David Dickson spake of this back- writ as having some negligence in it, Montrose took him hotly, and professed their resolution to avow the least jot that was wrote." We shall find this same chronicler afterwards complaining, bitterly, that even when Mon- trose was with the Covenanters, they found " his more than ordinary and evil pride very hard to be guided," The fact is, that the great characteristics of the party to which Montrose was now attached, and under whose relentless malice he fell, were want of courage and of truth. It has been well remarked, that, " it is im- possible to contemplate without disgust the rank hy- pocrisy and double-dealing which disgraced the leaders vol. i. N 194- MONTROSE AND THE COVENANTERS. of the Covenant, at the commencement of the civil war ; hypocrisy has been justly pronounced the reigning vice of that unhappy age ; the motives most commonly avowed were seldom those which really gave birth to the actions of the leading personages on either side, it being usual to cherish a secret purpose, and to keep the eyes fixed on an ulterior object, which, until it was fully accomplish- ed, could only be made the subject of conjecture."* Another historian, — he who says that Montrose was " bloated with iniquity," — bestows the following com- mendation upon Baillie. " The writings of Baillie, even his familiar letters, breathe a manliness of spirit, and evince intelligence and erudition, that must, for ever, rescue from contempt a class of which he did not con- ceive himself entitled to rank at the head."f If the class to which this clergyman belonged was in danger of being consigned to contempt, it is not easy to under- stand how his individual manliness of spirit, intelli- gence, and erudition, could rescue them. But let us cull an example or two from Baillie's own writings to test the character of one whose prejudiced and excited correspondence is the most authentic source of many of the calumnies yet existing against Montrose. When the royal order to read the service book was proclaimed, Patrick Lindesay, Archbishop of Glasgow, laid his commands upon Baillie to perform that duty before the synod of Glasgow. Baillie wrote in reply a most humble, we should say abject letter, entreating his Lordship to excuse him, upon these grounds, name- ly, that having only taken a slight view of the contents of the book, and not being satisfied in his own mind * History of the Church in Scotland, by the Rev. Michael Russell, LL.D. pp. 181, 183. f Brodie's History of the British Empire, Vol. ii- p. 506. CHARACTERISTICS OF BAILLIE. 195 with regard to it, finding also that it was generally disagreeable to pastors and people, his mind was " filled with snch a measure of grief, that I am scarce able to preach to my own flock ; but to preach in another con- gregation, and that in so famous a meeting, and that upon these matters, I am at this time all utterly un- able. Your Lordship, I put no question, is so equi- table as to take in good part this my ingenuous confes- sion of the true cause why I am unable to accept that honourable compliment, which your Lordship's more than ordinary respect would have laid upon me. So for this, and many more favours received, far above my deserving, I pray God to bless your Lordship, and to continue you many years to be our overseer ; for be persuaded that many thousands here where I live are greatly afraid that whenever your Lordship shall go, their peace and quietness shall go away with you. This from your Lordship's very loving friend and obe- dient servant, R. Baii.lie. Kilwinning, August 19th, 1637." But to his foreign correspondent, Mr William Spang, Baillie thus reports the matter : " Our synod in Glas- gow was indicted on the last Wednesday of August. The bishop wrote to me, from Edinburgh, to preach thereat, and withal to incite all my hearers to obey the church canons, and to practise the service. I wrote back aflat refusal, shewing the irresolution of my own mind. For all this, on the Friday before the synod, I receive new letters, commanding me, upon my cano- nical obedience, to preach on Wednesday before the sy- nod, committing the matter of my sermon to my own discretion. However I had but two free days, yet I chose rather to obey than to hazard myself in needless contests with a troublesome man, and made myself ready 196' MONTROSE AND THE COVENANTERS. as I might, on 2d Tim. iv. 1. 2. I charge thee he/ore God to preach in season and out of season." * Now, in these letters at least, we can discover none of the " manliness of spirit" to which our historian re- fers ; that to the bishop is tinged with hypocrisy and want of courage, and that to his friend, with something very like want of truth. But this is not all. In the following year this very bishop, whom Baillie knew to be an excellent man, and a valuable pastor, upon whose presence in the diocese Baillie admitted that the peace and happiness of " many thousands" depended, was summoned as a delinquent, along with all the other bi- shops, to answer (at the bar of an Assembly where they ought to have sat as judges,) to what those prelates justly called " a most infamous and scurrile libel," charging them, indiscriminately, with simony, incest, fornication, adultery, Sabbath-breaking, drunkenness, and gaming. Had Baillie possessed one spark of manliness of spirit, he would have raised his voice, at least in defence of that bishop to whom he had writ- ten, but the year before, the letter we have quoted. On the contrary, he joined in the inhuman persecution by which this excellent prelate was ruined — driven from the flock whose peace and happiness depended up- on him — excommunicated — and all because he declined the authority of an unconstitutional and lawless conven- tion ! It adds to the meanness of Baillie's conduct that he retained his good opinion of the bishop, and did not desire his destruction, though he thus comments upon it: — " Since his sentence of excommunication he has lived F Baillie contrived to shuffle out of the duty, and did not preach after all. Mr John Lindsay, the clergyman who did the duty, was very near- ly murdered by the women. Probably the danger he apprehended from these furies had more weight with Baillie than his conscience had, — Jour- nals and Letters^ Vol. i. pp. 7, 8. CHARACTERISTICS OF BAILLIE. 197 very privately, miskent by all, and put well near to Adamson's misery ; had not peace shortly come, his wants had been extreme, and without pity from many, or great relief from any hand we know." Baillie's conscience was at continual variance with his conduct, which betokens no great manliness of spi- rit. The bishops declined their judges, — it was abso- lutely impossible to do otherwise and retain a particle of honour or principle. From their presbyterial Vatican the faction proposed to launch the thunders of excom- munication. The proposition was monstrous, and Bail- lie opposed it, — " excommunication seemed to me so ter- rible a sentence, and that obstinacy, the formal cause of it, required admonition and some delay of time after the close of the process, that I voiced him, [the Bishop of Galloway, their first victim,] to be deposed, but not presently excommunicated. In this I was followed by some five or six, but the rest went on to present excom- munication. I remained that night in my negative voice, that no bishop should be excommunicated till they had gotten more time to declare their contempt of public admonition from the pulpit of Edinburgh and their ca- thedral ; yet, considering better of their declinature, I found it an obstinate avowing of extreme contempt, and so, to-morrow. I professed my recalling of my yester- day's voice, and went with the rest in a present excom- munication of all the declining bishops." And yet, af- ter all, if a bishop, when he heard of the scandalous in- justice done him in his absence, proposed to appear and justify himself, it was termed impudence ! " The Bishop of Brechin," says Baillie, " followed. He was proven guilty of sundry acts of most vile drunkenness, also a woman and child brought before us that made his adultery very probable ; also his using of a massy 198 MONTROSE AND THE COVENANTERS. crucifix in his chamber. The man was reputed to be universally infamous for many crimes, yet such was his impudence that it was said he was ready to have com- peared before us for his justification ; but was stayed by the Marquis, lest his compearance should have been [taken] for an acknowledgement of the judicatory." In their absence, however, the most improbable charges were received against them, and the very charge was considered tantamount to proof of the fact.* The utter destruction of Episcopacy ,perfas autnefas, even in England, was the main object of the faction of lfi38, which then passed from the leadership of Rothes to that of Argyle. An Episcopal order had unques- tionably entered the constitution of the Church of Scot- land even under the sanction of Knox himself. It was now determined, however, for the sake of destroying the effect of the King's Covenant, that all the acts com- posing it implied a total ahjuration of every con- dition and species of Episcopacy. The question was thus stated to the Assembly : Whether, or not, accord- ing to the Confession of Faith first published in 1580, universally sworn in 1581, and again renewed in 1590, there be any other bishop approved of in the Church of Scotland than the pastor of one flock having no power over his colleagues, and whether or not, according to the received sense of that confession, as it was sworn in these years, every other species of Episcopacy was * Speaking of the Bishop of Murray, Baillie says, — " Murray had the ordinary faults of a bishop — a fourteen days ago Mr Henry Pollock ex- communicated Murray, and, as I think, in the great church, to perform, as he said, the man's own prophecy, who said in that place he would yet be more vile to please the King. There was objected against him, but, as I suspect, not sufficiently proven, his countenance of a dance of naked people in his own house, and of women going bare-footed in pilgrimage not far from his dwelling." CHARACTERISTICS OF BA1LLIE. 199 abjured, and wow, for that reason, ought to be remov- ed ? Baillie was sufficiently enlightened to feel in his heart and conscience that the proposition intended by this question was not only unsound, but absolutely dis- honest. He had brought his mind to accede to the re- moval of Episcopacy from the Covenanting church, " but withal," he says, " I heartily wished in the act of removal of it, no clause might be put which might oblige us in conscience to count that for wicked and unlawful in itself, which the whole reformed churches this day, and, so far as I know, all the famous and clas- sic divines that ever put pen to paper, either of old or of late, absolved of unlawfulness." Again, — " The ques- tion was formed, about the abjuration of all kind of Episcopacy, in such terms as I profess I did not well, in the time, understand, and thought them so cunningly intricate that hardly could I give any answer, either ita or non" The determination he came to was to make no speech on the subject, but when his vote was called to add a few words in qualification thereof ; for, he says, " to make any public dispute I thought it not safe, be- ing myself alone, and fearing, above all evils, to be the occasion of any division, which was our certain wreck So when all men were called to propone what doubts they had, before the voicing, I, with all the rest, was dumb as a fish." When it came to his vote he attempt- ed to qualify it by a distinction, but was easily silenced by Loudon and Argyle. On the last day of the As- sembly, the proposition, that Episcopacy had been total- ly abjured in the Confession of Faith in 1580, was again before them, and an act was proposed for ordaining the signing of the Covenant over again, under this new in- terpretation of the negative confession. To this Bail- lie was decidedly opposed, and, in the shape of a letter 200 MONTROSE AND THE COVENANTERS. to the clerk, drew out his reasons of dissent, to be com- municated to the Moderator and Lord Loudon. The latter knew well how to manage the conscience of his reverend friend, who himself informs us that, " in voicing this act, whereunto all yielded, I was ready to have dissented, which, for my good allenarly [solely,] lest I alone should so oft be found contradicting the synod, Lord Loudon perveened, by moving the clerk to pass by my name in calling the catalogue."* A young clergyman of the name of Forsyth, whom Baillie, though shocked by his having fearlessly expres- sed opinions condemning the resistance to the service book, loved and admired, was deposed upon a libel which accused him of calling the Covenant seditious, treasonable, Jesuitic, to which charge was added such sundries as these, that, — " he gave money at his entry for his place, and struck a beggar on the Sabbath day ; a number of such things were libelled, and urged hotly against him." Baillie's heart told him that injustice was about to be done, — " the Moderator and others, for his sister's sake, had a great mind to have delayed him, but, no man speaking for him, he was deposed. I re- pented of my silence ; but the reason of it was, both my lothness to be heard often in one day to contradict the whole synod, as also my fear and suspicion of further ills in the youth than yet was spoken of !" So much (and a great deal more might be added,) for the enlightened mind, manly spirit, and sensitive conscience of the Reverend Robert Baillie, among the * This was worthy of the party that accused Charles the First of in- ducing a false return of the vote in the Parliament of 1633. The King's Large Declaration narrates the fact of the suppression of Baillie's vote, and comments upon it with merited severity. — See Note in illustration of the Large Declaration at the end of this volume. CHARACTERISTICS OF BAILLIE. 201 best of the covenanting clergy. He was learned, in the sense of having acquired (it is said) a knowledge of thirteen languages — he had a conscience, for it cost him some trouble to keep it quiet — he was enlightened, for he was sensible of the sacred and constitutional cha- racter of the episcopal order, with whose irrational de- stroyers he nevertheless continued to make common cause — nay he was loyal, for he possessed a secret ad- miration, and sneaking kindness, for the monarch whose ruin he ardently aided to accomplish. But neither the learning, nor the conscience of Baillie, were such as to save him from becoming a blind instrument in the hands of unprincipled democratic spirits, and thus it is, that the voluminous record he has left of his feelings, opinions, and actions, presents so many deplorable in- consistencies. Whatever judgment he possessed was continually overwhelmed by fits of violent fanaticism, and all his good qualities of meekness, modesty, and moderation, became strangely mingled with their op- posites, as his not very powerful mind got more and more excited under the fantastical banners of the Co- venant. And this is the man who, in his correspond- ence with the reverend friend whom he was furnishing with materials for a history of the times, did not scru- ple to impute the meanest motives to the manly-spirited, the high-minded Montrose, in speaking of that noble- man's departure from the covenanting faction. The Marquis of Hamilton, too, affected to treat the conduct and character of Montrose with contempt. Let us consider his own at this juncture. The persecution of the non-covenanting clergy, and the unprincipled de- struction of Episcopacy, took place in a convention 202 MONTROSE AND THE COVENANTERS. which had previously been dissolved, under pain of treason, by the royal Commissioner, who having done much, by his " serpentine" policy, to ruin the King's affairs in Scotland, and work up the revolt to its pre- sent pitch of ungovernable frenzy, suddenly " turned his back upon them," to use Baillie's phrase, when he knew that the Assembly would sit without him, and act more outrageously in his absence. Upon Wednes- day, the 28th of November, he announced his determi- nations to leave them to themselves. " When the Mo- derator," says Baillie, " pressed the voicing if we were the bishops' judges, there fell a sad, grave, and sor- rowful discourse. This was the Commissioner's last passage ; he acted it with tears, and drew, by his speech, water from many eyes, as I think, — well I wot much from mine, for then I apprehended the certainty ine- vitable of these tragedies which now are in doing. Much was said of his sincere endeavours to serve God, the King, and his country ; of his grief, yet necessity to depart. The cause he alleged was the spoiling of the Assembly, which he had obtained most free, by our most partial directions from our Tables at Edinburgh." The letter in which Hamilton tells the King, that of all the promoters of the Covenant, none was " more vainly foolish than Montrose," is dated on the day previous to this scene.* That characteristically fearless expression by which Montrose announced his determination, and the determination of his party, as he supposed, to " ac- knowledge the least jot of what was writ" by the Tables to the presbyteries, had been so interpreted by Hamil- ton. Was it his earnest desire for the constitutional purity of the Assembly, or his jealousy of Montrose, * See before, p. 1 70. CHARACTERISTICS OF HAMILTON. 203 that induced Hamilton to seize upon what Montrose alone had avowed, as the cause of his departure ? Did he feel the grief he displayed at his departure, — and were those tears the overflowing of a 'patriotic no less than a loyal heart ? His most able and determined eu- logist, Bishop Burnet, tells us, that, as the Marquis re- turned to Court, " his thoughts did bear him sad com- pany during his journey. The least painful of them was, that he knew he had many enemies who would impute the present disorders to his mismanagement, if not to his unfaithfulness, but those he quieted with his confidence in his Majesty's justice and his own in- tegrity, and, indeed, any personal hazard could meet him must have had small footing in a mind prepos- sessed with other thoughts. That which tormented him most, as appears by his letters, was, that he saw inevitable ruin hanging either over his master, or his country, if not over both, since the ruin of either would prove fatal to both. * * * His affection to his country and friends did struggle strongly against his engaging further, yet it yielded to his duty, but not so entirely as to clear his spirit of sad regrets." All this is as well feigned on the part of Bishop Burnet, as were the sorrows and tears poured out by Hamilton upon his beloved country. Where are these letters by which it " appears" that alarm for his personal interests was the least, and a foreboding as to the fate of his country and King the greatest torment that possessed him ? His eulogist gave them not to the public, because he knew they contradicted that interesting picture of the mind of his hero. Upon the 27th of November 1638, the day before he dissolved the Assembly, Hamilton wrote that memorable letter to the King, which we find, not in Burnet, but in the Hardwicke Collection ; and in 204 MONTROSE AND THE COVENANTERS. that letter his love for his native country, and his tear- ful tenderness of heart, are manifested in expressions that amount to execration of Scotland. * But of Ha- milton's duplicity we shall have too many instances to notice in the progress of our illustrations. As the favourite glided back to the bosom of his mas- ter, Argyle emerged from his lurking-place. This co- venanting character was another puzzle for their inde- fatigable chronicler, and the naivete of Baillie's record is not less amusing than instructive. " Before his Grace's departure, Argyle craved leave to speak, and that time we did not well understand him ; but his ac- tions since have made his somewhat ambiguous speeches plain." When the Commissioner left them, the As- sembly were in a state of confusion and perplexity, and " some three or four Angus-men, with the laird of Aithie, departed, alleging their commission had an express clause of the King's countenancing of the As- sembly." The Moderator, Loudon, and some others, harangued them on the propriety of protesting against the Commissioner's departure, and of their continuingto sit. To this all agreed, but, adds Baillie, " it was good we were all put to it presently, for if it had been delayed till the morrow, it is feared many would have slipt away." On the morrow, however, " Argyle came back to us. The Moderator earnestly entreated him, that though he was ?w member of the Assembly, yet, for the common interest he had in the Church, he would be * " If I keep my life (though next Hell I hate this place,) if you think me worthy of employment, I shall not weary till the government be again set right ; and then I will forswear this country. * * * I have now only this one suit to your Majesty, that if my sons live they may be bred in England. * * * I wish my daughters be never married in Scotland," &c. CHARACTERISTICS OF ARGYLE. 205 pleased to countenance our meetings, and bear witness of the righteousness of all our proceedings. This, to all our great joy, he promised to do, and truly perform- ed his promise. No one thing did confirm us so much as Argyle's presence, not only as he was by far the most powerful subject in the kingdom, but also at this time in good grace with the King and the Commissioner ; we could not conceive but his staying was with the al- lowance of both, permitting him to be amongst us to keep matters in some temper, and hold us from despe- rate extremities." The fact was, however, that Argyle took this opportunity of unmasking himself, and of us- urping — after his kind — the government of Scotland. The King had honoured and trusted Argyle, notwith- standing the solemn declarations of the old Earl, that neither loyalty, nor truth, nor social feeling would be found in his son Lorn. This prophecy was now to be fulfilled. The revolutionary convocation, assembled in that nobleman's patrimonial kingdom of the west, and, suddenly left Without a head, was now ripe for his lurk- ing ambition. How accurately had the old Earl pre- dicted in that solemn warning to Charles ! A few years from the time it was uttered, and disregarded, the King himself was constrained to publish the commentary we now quote upon the conduct and character of Argyle in this Assembly. " Towards the end of their Assembly, they divided themselves into several committees, which should, after their rising, see all their acts put in execution, a thing never heard of before in that church. The Moderator concluded with thanks to God for their good success, and then to the nobility and the rest for their great pains, and, last of all, with a speech to the Earl of Ar- gyle, giving him thanks for his presence, and counsel, 206 MONTROSE AND THE COVENANTEES. by which they had been so much strengthened and com- forted. The Lord Argyle answered him with a long speech, first intreating all present not to misconstrue his too late declaring himself for them, protesting that he was always set their way, but had delayed to pro- fess it so long as he found his close carriage might be advantageous to their course. But now of late, mat- ters had come to such a height, that he found it behov- ed him to adjoin himself openly to their society, except he should prove a knave, — this was, as we are inform- ed, his own word. Then he went on, and exhorted them all to unity, wishing all, but especially the ruling- elders and ministers, to keep a good correspondence, in- treated all the ministers to consider what had broughtthe bishops to ruin, viz. pride and avarice ; and therefore willed them to shun these two rocks if they would escape shipwreck. The Lord who delivered this speech, deliver- ed, indeed, the true meaning and sense of the Covenant- ers, for it was neither the bishops bringing in the pre- tended innovations, nor their suspecting them to be guilty of the odious crimes expressed against them in their libel, which incensed this and the other Covenanting Lords against the Bishops, but their fear of their daily rising in dignity and place, which, in this speech, is called pride in them, and their fear that the bishops might recover out of their hands by law, some of the church lands belonging to their churches, which in this speech is called avarice in the bishops. In the mean- time, whether it be not pride in these lords to envy any man's rising in the church and commonwealth, accord- ing to that worth and sufficiency, which his Prince shall find in him, and whether it be not avarice in them, not to endure that other men should legally seek to recover their own from them, shall be left to the judgment of CHARACTERISTICS OF ARGYLE. 207 the indifferent reader. But for this revolted Lord, who made this speech, and professeth in it, that, if he had now not adjoined himself to them, he should have prov- ed a knave, We can give this testimony of him, that at his last being here with Us in England, at which time we had good reason to misdoubt him, he gave us as- surance that he would rest fully satisfied if we would perform those things which we have made good, by our last gracious declaration, in which we have grant- ed more than we did at that time promise, so that we had little reason to expect his adjoining himself to them, who had given us so great assurance to the con- trary, besides that assurance which he gave to our Com- missioner when he was in Scotland ; and now, if by his own confession he carried things closely for the Cove- nanters' advantage, being then one qf the Lords qf our secret council, and that in the end he must openly join with them or be a knave, what he hath proved himself to be, by his close and false carriage, let the world judge."* When Montrose crossed Tweed with the rebels in 1640, and, as democracy became developed from under the disguise of patriotism, bethought himself of secret- ly countermining the omnipotent faction that had de- ceived him and others, he was only struggling to save the King, from whose councils he was excluded, and acting a part, which, however derogatory and uncon- genial to his open character, was perilous to his per- son, and sufficiently justified by the necessity of the case. That of Argyle is the converse of this. The anomalous position he avowed — of a concealed patriot, * King's Large Declaration, 1639, p. 325. 208 MONTROSE AND THE COVENANTERS. professing loyalty, and promising aid to his sovereign, yet lurking in his councils only to betray him, — can admit of no excuse. To he a privy-councillor was Ar- gyle's hereditary and constitutional position ; and that he continued to be a privy-councillor for the alleged purpose of playing into the hands of bolder patriots, in- stead of patriotically joining them in their open revolt, can be classed under no category of virtue, enterprise, or necessity, but was simply a safe and cowardly per- version of a sacred constitutional trust. The difference between the two cases is the difference betwen the cha- racters of Argyle and Montrose. POLICY OF HAMILTON. „ c 209 CHAPTER VI. HOW THE LOYALTY OF THE NORTH WAS PARALYZED BY HAMILTON, AND HOW HUNTLY WAS MADE PRISONER BY MONTROSE AND THE COVENANTERS. Having, in the last chapter, contemplated Montrose as a leader in the Assembly of 1638, wherein he shewed somewhat too honest for the councils of the Covenant- ers, we have now to follow him in expeditions where he likewise proved himself to be too humane for their arms, namely, against Huntly, and the ever-memorable loyal- ists of the north. But, in the first place, we must consider the position in which Huntly was placed by Hamilton. Even after certain individuals in Scotland, among whom we must reckon Montrose, had brought that un- happy country into the predicament which might have excused a little *' fire and sword" to check the progress of anarchy, Charles invariably proved himself more apt to yield than to resist, and, as we have seen, instead of leading an army against them, devolved the task of set- tling Scotland upon a " kindly Scotchman," the " ambi- guous" son of a covenanting mother. When that Com- missioner, after apparently exertinghimself,and in vain, to keep the armed convention of 1638 within the bounds of constitutional and Christian order, wrote to Charles, — " it is more than probable that these people have somewhat else in their thoughts than religion ; but that must serve for a cloak to rebellion, wherein for a time they may prevail ; but to make them miserable, and bring them again to a dutiful obedience, I am con- vol. I. o 210 MONTROSE AND THE COVENANTERS. fident your Majesty will not find it a work of long time, nor of great difficulty, as they have foolishly fancied to themselves," — and when he proceeded to lay down the plan of a most formidable invasion, which, he adds, " will certainly so irritate them, as all those who with- in this country stand for your Majesty will be in great and imminent danger,"* — it was impossible for the monarch to do otherwise, than respond in a tone of royal indignation against his unruly and irrational sub- jects, and prepare for inevitable civil war. f Still, however, it was the evil genius Hamilton that ruled the destinies both of Scotland and the King. That re- * The letter dated 27th November 1638, in Hardwicke's State Papers, already referred to. f Charles, in one of his letters to Hamilton on the subject of that inva- sion which the favourite urged and planned, concludes with the loose ex- pressions, — " and so to proceed with fire and sword against all those that shall disobey," his Majesty's proclamation at this crisis. Mi- Brodie (Hist, ii. p. 560,) says, that Charles, "in spite of the general abhorrence, was ready to force the canons and liturgy by fire and sword upon Scotland." But this assertion is quite contrary to history. Charles was not prepared with a single regiment or ship to enforce those measures, which he withdrew when he ascertained the violent excitement they were said to have caused. Even Baillie, in one of his mawkish fits of feeling and affection for Charles, says, — " it has been the King's perpetual fault to grant his people's desires by bits, and so late he ever lost his thanks." Nor does Baillie deserve the credit which this opinion has sometimes procured for him, it being bas- ed upon at least three unwarrantable assumptions ; viz. 1st, That it was possible for a high-minded, enlightened, and Christian king at once to perceive either a necessity, or propriety, of yielding any thing to insur- rectionary demands, springing from such a root as the tithe-cabal, and first publicly manifested by such an out-break as, to use Baillie's own words," the serving-maids of Edinburgh, beginning to pull down the bi- shop's pride." 2d, That Charles's vision of the whole affair was not troubled and distorted, and his policy controlled and mutilated, through the policy of the faithless Hamilton. 3c?, That the King yielded too lit- tle and too late, instead of too much and too hastily, and that, supposing he had granted, what Baillie calls " his people's desires," at the very first howl of faction, and to the full extent of its hunger, he would have got other " thanks" than being led sooner to the block. POLICY OF HAMILTON. 211 niarkable letter to which we have so frequently referred, wherein Hamilton comments so cunningly and par- tially upon the characters of the leading noblemen in Scotland, covered a deeper design than to put the King in possession of authentic information. Though, in addition to the execrating expressions we have else- where quoted from it, Hamilton says, — " I have mis- sed my end in not being able to make your Majesty so considerable a party as will be able to curb the inso- lence of this rebellious nation, without assistance from England, and greater charge to your Majesty than this miserable country is worth," — he could not fail, the fact being notorious, to point to Huntly as the centre and rallying point of loyalty in Scotland. " The best way," he says, " that for the present I can think on to secure them, and to make some head for your Majesty, is to appoint the Marquis of Huntly in the north your Ma- jesty's lieutenant, with full power to him to raise such and so many men as he shall think convenient for the defence of the country :" And yet, it will be remember- ed, Rothes, in his letter to Patrick Lesly, tells us, — " the Marquis Huntly was but slighted by the Commissioner, and not of his privy-council," — and in the very letter re- commending Huntly's appointment, the wily favourite takes care to damn him with faint praise."* When, in a series of political portraits calculated to impress Charles with the idea that nobody at this crisis could be fitly * " The Marquis of Huntly is unknown to me, more than in general ; hut much misliked is he here (yet not the worse for that) traduced to be not only popishly inclined, hut even a direct Roman Catholic; nay, they spare not to tax him with personal faults. But, however, this I am sure of, since my coming here he hath proved a faithful servant to you, and I am confident will be of greater use when your Majesty shall take arms in your hand * * * The Marquis of Huntly certainly may be trusted by you, but whether fitly or no I cannot say." 212 MONTROSE AND THE COVENANTERS. trusted with the government of Scotland but Hamilton himself, that nobleman adds, — " though next hell I hate this place, if you think me worthy of any employ- ment, I shall not weary till the government be again set right, and then I will forswear this country," — it is im- possible to doubt that his selfish object was still to pre- serve his exclusive influence over the King, and the af- fairs of Scotland. Such was the effect, at least, of his letter, for by return of post his Majesty replied : " Ha- milton — I have sent back this honest bearer both for safety of my letters, and to ease me from length of writing : therefore, in a word, I thank you for your full and clear dispatch, totally agreeing with you in every point, as well in the characters of men, as in the way you have set down to reduce them to obedience ; only the time when to^begin to act is considerable. To this end I have fully instructed the bearer with the state of my preparations, that you may govern my business ac- cordingly. You have given me such good satisfaction that I mean not to put any other in the chief trust in these affairs hut yourself." Under these fatal auspices, Huntly was nominally in- vested with the lieutenancy of the north, and with au- thority to raise his own levies for the King's service. Most reasonably had he required that, along with his commission, there should be sent to him from England two or three thousand men, and arms for five thousand more, as he was in daily expectation of a hostile visit from Montrose. Upon the 25th of January 1639, Sir Thomas Burnet of Leys, a keen Covenanter, though at- tached to the house of Huntly, came to the Marquis, and in a friendly manner told him that the Tables at Edinburgh had directed a committee to publish the acts of the last Assembly at the market-cross of Aberdeen, 4 POLICY OF HAMILTON. 213 and also to visit the College of Old Aberdeen, and " re- pair the faults thereof." Upon Huntly's expressing some disapprobation of this plan, as contrary to the King's authority, and the peace of the country, Sir Thomas replied, "My Lord, I fear these things will be done with an army." In vain the gallant Huntly took up his abode in Aberdeen, (his person guarded night and day by four-and-twenty gentlemen of rank and con- dition) and, from thence cast many a longing look to the sea-port for his promised succours from England. " The commission Huntly received, — the aid of men was promised — but nothing came to him, after much ex- pectation, but arms for three thousand foot and a hundred horse, which came not to him till that year in March, and were sent upon the charges of Dr Mor- ton, Bishop of Durham. As for the soldiers who should have landed at Aberdeen, or elsewhere, it is true that the King had promised Huntly assistance of men, but the Marquis of Hamilton, — who always looked upon Huntly with an evil eye, as the emulator of his great- ness, and withal was a secret friend to the Covenan- ters — dissuaded the King from sending men, alleging for his reason that, if the King did so, it would turn all the burden of the war upon the King. How truly this was said I leave to the readers. One thing certainly is true, that, by this counsel, the King's hopes that he had conceived from his friends in Scotland were blasted ; for the noblemen and Highlanders, who stood for the King in Scotland, promised their concurrence upon that express condition, that they might have a considerable number of trained soldiers to join with, who never ap- pearing, some of those who had undertaken to do much for the King, either could not, or made that their pre- text why they would not stir. It was by this means 214 MONTROSE AND THE COVENANTERS. that Huntly was engaged in a manner alone, and ne- cessitated to lay down his arms, and render himself in March following !"* But Hamilton was not contented with leaving Huntly to his own resources, at this critical juncture. The King wrote to the latter that he, Huntly, must receive all his commands from Hamilton, and the instructions which, through this channel, Huntlydid receive were, to remain as much as possible on the defensive, and to risk no hostilities. Thus all the loyalty of the north became worse than useless, and the gallant and ener- getic preparations, which had been made by the Aber- donians in defence of their Religion, their Liberties, and their King, only brought severer persecution upon them- selves. Upon the 1st of February, Montrose, the Earl of Kinghorn,Lyon of Auldbar (Kinghorn's brother) and se- veral other barons and gentlemen of the covenanting faction, came to Forfar, the head burgh of the shire of Angus, and there, by direction of the Tables, held a com- mittee within the tolbooth of the town. In opposition to these came the Earl of Southesk, the Lord Ogilvy, the master of Spynie, the constable of Dundee, and sundry other loyalists. The committee required them to sub- scribe the last edition of the Covenant, containing the total abjuration of Episcopacy as unlawful in itself; but having received the indignant reply they probably an- ticipated, Montrose and his friends proceeded to their chief business, which was to provide the sinews of war by stenting, or apportioning the financial burden of it * James Gordon's MS. Bishop Burnet is totally unable to disprove this charge ; and the defence he attempts, in a single paragraph of his Memoirs of Hamilton, p. 117, is a complete failure. MONTROSE STENTS THE LIEGES. 215 upon the landholders within the shire. " Southesk," says honest Spalding, " speired (inquired) by what au- thority they were thus stenting the King's leidges ? Montrose, being his son-in-law, answered, their war- rant was from the Table, (for so were their councils at Edinburgh now named,) requiring him also, and the rest that were there, to number their men, and have them well armed, and in readiness to concur and assist the Table. Southesk answered, they were all the King's men, subject to his service, but to no Table nor subject sitting thereat, and that their lands were not subject to be stented, nor their men numbered, but at the King's command and in his service, and so they took their leave, leaving Montrose and the rest sitting still in the tolbooth of Forfar, at their committee." At this same time intelligence was brought to Hunt- ly that Montrose and his committee were to hold a meeting at Turreff, a market-town about eleven miles eastward of Huntly's castle of Strathbogie, and that their object was to join in a grand conclave with the northern Covenanters, chiefly composed of the Forbeses, Frazers, Keiths, and Crichtons. Huntly was strenuously ad- vised, by Ogilvy of Banff, to muster his own followers at the same place, on the same day, to operate as a check upon the Covenanters. Montrose was informed of this resolution, which Huntly adopted, but the effect upon his ardent and enterprizing disposition was the re- verse of what had been expected. " Montrose," says James Gordon, " was ready at a call, and, — being desir- ous to show himself as active in his charge as he had been remarkable for countenancing protestations, and the General Assembly of Glasgow, and pulling down the organs of the Chapel Royal of Holyrood House, in the King's Palace, the summer and winter past, — with such 21 6 M0NTK0SE AND THE COVENANTERS. of the cavalry of the Mearns and Angus gentryas were nearest or readiest, or most zealous to the service, he flies over the Grampian hills with all speed possible, scarce ever sleeping or resting till he got to Turreff, accompanied with the number of near two hundred gal- lant gentlemen, having first not neglected to bid the Forbeses and Frazers, and all whom the shortness of the time could permit them to convene, to be there timeously upon the day appointed, which they failed not to do." By means of this forced march, Montrose reached Turreff before Huntly arrived, and mustering, with his own followers and friends who had joined him, to the number, says Spalding, of " eight hundred well-horsed, well-armed gentlemen, and foot together, with buff coats, swords, corslets, jacks, pistols, carbines, hagbuts, and other weapons, — they took into the town of Turreff, and busked (arranged) very advantageously their muskets round about the dykes of the kirk-yard, and sat within the kirk thereof, such as were of the committee, viz. Montrose, Kinghorn, Cooper, Frazer, and Forbes." No sooner were they thus established, than the van of Huntly's army arrived, and, finding the village so formidably occupied, drew off to the fields in the neigh- bourhood. Huntly was accompanied by a gallant host of " gentlemen and others, about 2500, all mounted on horse, though all the horse not fit for service, nor all the men fit to serve on horse." For his council of war he had his gallant sons, the Lords Gordon and Aboyne, who, with the loyal lairds, Drum, Banff, Gight, Haddo, Pitfoddels, Foveran, Newtoun, and Udny, urged their commander to fall on the Covenanters at once, and crush rebellion at its first appearance. The King's Lieutenant, they said, would do no more than his duty FIRST RAID OF TURREFF. 217 by dispersing the rebels, and if, on the other hand, he departed without striking a blow, his loyal and reso- lute followers, disheartened by this inaction, would not so readily convene again. But the Marquis of Hamilton had arranged matters otherwise. Huntly, in reply to their spirited reasoning, could only answer, that his orders were not to fight > and, taking aside the princi- pal noblemen and gentlemen of his train, he satisfied them of the discouraging fact, by showing the instruc- tions he had received. For the rest, he thanked them for their prompt attendance, and exhorted them to con- tinue firm in their loyalty. Meanwhile the Earl of Finlater, who accompanied Huntly, but, as alleged by the contemporary chroniclers, with little stomach for fighting, passed over, of his own accord, to Montrose, to deprecate a rencounter. Montrose sent back this message to Huntly, that he and his party had no inten- tion of breaking the public peace, or molesting any one, but would not submit to injury, if they could help it ; adding, that, if Huntly and his friends had business to transact in the town of Turreflf, they might betake themselves to any part of it except that occupied by the Covenanters. So ended a meeting; from which much was expected and little came to pass. Huntly broke up his rendezvous before sunset, and sent the most of his own followers back to Strathbogie, under the command of his second son, the Viscount of Aboyne, directing his own coarse towards Forglen, the house of Ogilvy of Banff, accompanied by the brave barons whose blood was up in vain. They dashed their steeds through the village of Turreff, riding under the walls of the kirk-yard, and within two pikes' length of Montrose and his comrades. But not a word was interchanged and no salutation, or sign of courtesy, past betwixt the 218 MONTROSE AND THE COVENANTERS loyal Huntly and the covenanting Montrose. Baillie, — prejudiced, and ill informed as to the motives and springs of action that regulated the conduct of many whom he records, — when rejoicing, with fanatical ex- citement, over the sufferings of the north, speaks of HuntJy as one whose cowardice had betrayed the party that relied upon him. In France, however, where that nobleman was better known, the rumour of this ren- dezvous took its shape from the reputation Huntly had acquired in a land of chivalry. " This is that meet- ing," says James Gordon, after narrating what vve have more shortly noticed, " which afterwards was known under the name of the first raid of Turreff, to distin- guish it from a rencountre that fell out there in May following, that year, (1639,) betwixt Huntly's followers, and their neighbours, the Covenanters of the shires of Aberdeen and Banff. It was looked upon as an action on Huntly's part, whose depth or mystery few or none could dive into. * Yet fame, that is no niggard in her reports, when it came the length of Paris, made it pass there in the Parisian gazette, under no less a notion than the siege and taking of the great town of Turreff, in Scotland, by the Marquis of Huntly, whom France knew better than they knew Turreff, having seen him some few years before amongst the armies of the most Christian King, commander of the company of the Scottish gendarmes, which company is the second of France, in the service against Lorrain and Alsatia, where likewise his two eldest sons, George Lord Gordon, and James Viscount of Aboyne, past their apprentice- ships in the school of Mars." * It is sufficiently explained by what we now know of the policy of the Marquis of Hamilton. PREPARATIONS FOR WAR. 219 The good town of Aberdeen, expecting a visit from Montrose upon this occasion, had placed themselves in a most formidable posture of defence. But the day after Huntly broke up his array, Montrose disbanded his own army, and betook himself to the south, where preparations were to be made on a greater scale against the stronghold of loyalty and learning. The momentary glaring on each other at Turreff, ir- ritated both Huntly and Montrose to active operations for a hostile encounter. Huntly still expected the re- inforcements from England, along with instructions to act, and in the meanwhile raised a little army entirely from his own private resources. " I have in my young- er years," says James Gordon, " often had occasion to see both parties at that time, yet I cannot peremptori- ly determine the number of those who then and after- wards bore arms under Huntly's command. Yet I sup- pose I am not far from the truth if I say that his fol- lowers and friends were about three thousand, most part foot, and horse the rest. It was with a number not many fewer that Huntly did keep his next rendez- vous at Inverury in the end of March." Montrose, on his part, was no less active than Huntly to put himself in a posture offensive, and was resolved to be no longer as peaceful as he had been at Turreff. In order to be thoroughly prepared for Huntly, he sends intimation * of his plans to the covenanting party of the Forbeses, Frazers, and others, in the shires of Aberdeen and Banff, and advertises the Covenanters be north the river Spey, such as belonged to Murray, Ross, Sutherland, Caithness, to be ready, with all they could * It was two lawyers who were sent with these commands from Mon- trose to the northern counties ; namely, Messrs James Gibson, and James Baird. 220 MONTROSE AND THE COVENANTERS. make, to march over Spey and join with him, if need should be. For more than a twelvemonth past, and ere the King had been led by Hamilton to contemplate the ne- cessity of an appeal to arms, the junto at Edinburgh, — who suffered neither Montrose nor Baillie to have the entree to what the latter calls the " secret wheels within the curtain, where the like of me wins not," — had been secretly preparing for civil war, by collecting ammunition, pikes, and other offensive weapons, and enticing home, from mercenary campaigns on the con- tinent, their war and weather-beaten countrymen, who had served the very best apprenticeship for the pur- poses of the faction. It was not merely the military experience of such officers that would render them more efficient than even Montrose, — as the pretended defence of Religion and Liberties, became developed in its offensive form of a factious rebellion, — but the inferior and professional status, of these mercenaries, guaranteed the cause from the fatal effect of rivalry among noble- men, whose relative claims to command could not have been so easily adjusted ; and, moreover, — an invalu- able circumstance to the covenanting arms, — it was the principle of mercenary service to attend rather to the profit that might be gained in the professional en- gagement, than to the merits or the nature of the cause espoused. The well known Sir James Turner, (who be- came a covenanting soldier for a short time, simply be- cause, when in search of service, he happened to stumble upon their army,) makes this confession in his amusing memoirs, that he was one who " had swallowed, with- out chewing, in Germany a very dangerous maxim, which military men there too much follow, which was that so we serve our masters honestly, it is no matter ALEXANDER LESLIE. 221 what master we serve." It happened, accordingly, that the German wars had trained up a general who in every respect was most suited for the purposes of the " prime Covenanters." But this celebrated character must be introduced in the words of the dramatic Spald- ing. " Now about this time, [January 1639,] or a lit- tle before, there came out of Germany, from the wars, home to Scotland, ane gentleman of base birth,* born in Balveny, who had served long and fortunately in the German wars, and called to his name Felt Marshall Leslie, his Excellence. His name, indeed, was [Alex- ander] Leslie, but, by his valour and good luck, attain- ed to this title, his Excellence, inferior to none but to the King of Sweden, under whom he served amongst all his cavallirie. Weill,— this Felt Marshall Leslie, having conquest, frae nought, honour, and wealth, in great abundance, resolved to come home to his native country of Scotland, and settle besides his chief, the Earl of Rothes, as he did indeed, and coft fair lands in Fife. But this Earl, foreseeing the troubles, whereof himself was one of the principal beginners, took hold of this Leslie, who was both wise and stout, acquaints him with this plot, and had his advice for furthering thereof to his power. And first, he advises cannon to be cast in the Potter-row, by one Captain Hamilton, f he began to drill the Earl's men in Fife ; he caused send to Holland for ammunition, powder and ball, mus- kets, carbines, pistols, pikes, swords, cannon, cartill, and all other sort of necessary arms, fit for old and young * This must mean base by comparison with his rise, and not in the odious sense. Alexander Leslie was of the same stock as the Earl of Rothes. \ Probably Colonel Alexander Hamilton, mentioned afterwards. 222 MONTROSE AND THE COVENANTERS. soldiers, in great abundance ; he caused send to Ger- many, France, Holland, Denmark, and other countries, for the most expert and valiant captains, lieutenants, and under officers, who came in great numbers, in hopes of bloody wars, thinking, (as they were all Scots soldiers, that came) to make up their fortunes upon the ruin of our kingdom ; (but the Lord did otherwise, blessed be his holy name ;) he establishes a council of war, con- sisting of nobles, colonels, captains, and other wise and expert persons, and in the beginning of this month of January, began to cast trenches, about the town of Leith." Thus the " canniness" of Rothes did more for the cause, by catching Felt Marshall Lesly, his Excellence, than could possibly have been effected by any other means ; for, having entered into contract with his chief against his Sovereign, the veteran mer- cenary, full of talent, experience, and military resour- ces, bent his whole energies to the fulfilment of that contract, and the attainment of his own reward, which he then little dreamt was to be an Earldom from the King himself. As yet invested with no particular com- mand, he continually sat at their Tables, the mainspring of their military movements, and, by his indefatigable and well-applied exertions, not only put them in pos- session of the Castle of Edinburgh, (which Hamilton had left nearly defenceless,) and the other strongholds of the kingdom, but raised and organized an army suf- ficiently formidable to march to the borders against the royal standard. At this crisis, it became of great importance to crush the efforts of Huntly in the north before the King's forces reached Scotland, as a vigorous diversion occa- sioned by the loyalists in that quarter, would be more than the Covenanters could well cope with in addition 3 ANECDOTE OF HAMILTON. 228 to invasion by land and sea. But the same evil genius of Charles, who infused the materials of certain failure into the royal expedition, took effectual measures to prevent the efficiency of the nobleman he had recom- mended to the lieutenancy of the north. And, if we may trust the record of a contemporary clergyman, it was not merely by withholding supplies from Huntly, and the power to act with vigour, that Hamilton in- sured his discomfiture. He is said actually to have written a secret letter to the Covenanters, which he contrived to convey to them within a pistol, and " which private advice was to curb their northern enemies, or to expect no quarter from the King." * James Gordon asserts that this information was the " main reason" of the activity of Montrose, at this time, to subdue the loyal Marquis of Huntly in the expedition we are about to notice. But, even without this anecdote, there is suf- ficient to account for Montrose's present excitement, in the approaching invasion from England, and the war- like transactions throughout Scotland, under the mili- tary agency of Alexander Leslie. Montrose was followed by the cavalry of the M earns, Angus, and part of Perthshire, and other districts to the north of the river Forth. Levies of foot were also drawn from these counties, trained, regimented, and put under experienced officers, called from abroad for that purpose, and placed at the command of Montrose, whose whole force, according to the estimate by James * This anecdote rests on the authority of James Gordon's IMS. I have not met with it elsewhere. If the separate and distinct anecdotes of Hamilton's double-dealing-, narrated by Hamond L'Estrange, and Bishop Guthrie, be true, there is the less difficulty in believing this one ; if they are not true, it is remarkable that so many elaborate fabri- cations, from different sources, should have been got up against this nobleman. 224 MONTROSE AND THE COVENANTERS. Gordon, did not at first exceed two thousand horse and foot. With this little army he was now to attempt the reformation of Aberdeen in a more peremptory manner than on the former occasion, when he trusted to the reasoning of the three apostles of the Covenant against the doctors of that enlightened town. Montrose was accordingly invested with the title of General ; and the anxiety of the faction for the success of this expedition is evinced by the fact, that, in the quality of his adju- tant, and instead of the three apostles, there was added to his councils no less a personage than " Felt Marshall Leslie, his Excellence, inferior to none but to the King of Sweden." Huntly was well aware of this gathering storm, but all the aid and encouragement he received from Hamilton were instructions to gain delays, and risk no blood ; and though surrounded by gallant hearts like his own, continually urging him to vigorous hos- tilities, the nobleman who had distinguished himself in fairer fields of chivalry than the kirk-militant was likely to produce, was compelled to plead his positive orders from the King, in opposition to the manifest in- terests of the royal cause. Under these circumstances, Huntly could do nothing but treat. And here the manuscript account we have so frequently quoted ac- quires additional authenticity and interest, from the fact, that the writer of it, James Gordon, accompanied his father, Robert Gordon of Straloch, who was one of the commissioners employed in these negotiations. In the month of March, Montrose arrived at his own house of Old Montrose, to prepare for his expedition, and, according to Spalding, he had with him there, the Earl of Argyle, Lord Couper and others. Before his troops were collected, there came to him, at Old Mon- trose, as commissioners from Huntly, Robert Gordon HUNTLY S MISSIONS TO MONTROSE. 225 of Straloch, and Dr William Gordon, Huntly's physi- cian, a professor in the University of Aberdeen ; and along with these, as representatives of the town of Aberdeen, Dr William Johnston, Professor of Mathe- matics, and George Morison, one of the town-council. The proposal they brought with them was, that Mon- trose should confine his military operations to the coun- try south of the Grampians, which divide Aberdeen- shire from Angus and the Mearns, until it should be known what prospects there were of a treaty betwixt the King and the Covenanters. Huntly on his part promised to keep himself within the bounds of his own lieutenancy, and to take no measures against the Co- venanters be-north the barrier mountains. To this peaceful overture, which was much pressed upon Mon- trose by the Commissioners, he would only reply, that, in terms of an act of the last Assembly, he was bound to visit the College of Aberdeen, but that he and his followers would pay for whatever they took, and be aggressors in no acts of violence. The result of these missions we shall give in the precise words of the un- published manuscript. " How soon they returned from Montrose to Aber- deen, and related their answer, which was nothing pleas- ing to many, Huntly began to rendezvous his men, and against the 18th of March, had about two thousand two hundred foot and horse well-armed at Iuverury, but all of them country people, and though none wanted good will, yet few or none were amongst them who had skill to command, or had ever been upon any considerable service. Huntly, who neither had orders to fight, nor great confidence in the skill of his commanders, resolves at least to put a good face upon the matter, and to keep his men together till he might see the utmost of it. VOL. I. P 22() MONTROSE AND THE COVENANTERS. To which purpose he dispatches the former Commis- sioners towards Montrose, from the rendezvous at In- verury, once more to try if his former offer of cessation would be accepted, or at least to gain time, till he might have new advertisement from the King, from whom he hourly expected it, either to engage or retire ; or if none of that could be acceptable, at least to let him know what the Covenanters' pretences were, and what they desired of him. The Commissioners took little rest till they came where the Earl of Montrose was. They found him in the town of new Montrose, — which is two miles eastward of Montrose's Castle, Old Mon- trose, and both standing upon the river of Southesk, — with General Leslie in his company, and a considerable number of cavaliers and soldiers, making his rendez- vous for his expedition. Thither likewise had he caused bring two pieces of brass demi-cannon, with some other lesser pieces, — strange ingredients for the visi- tation of a university, — as supposing he should be driven to make a breach in the new walls of Aberdeen, before he should get entry. But when the Commis- sioners began again to urge their former propositions in behalf of Huntly, they could draw nothing from Montrose but fair and general answers, which either signified little, or were flat refusals, or were slightings of all their proposals. They told the Commissioners, by way of derision, that they behoved to come to Aber- deen to proclaim the General Assembly, which was to be holden that year at Edinburgh, and some such ne- glectful undervaluing answers, and that they behoved to proclaim the Assembly of Glasgow 1638. Nor did the Commissioners insist much, for at their return they saw Montrose's motion towards the north not like to be retarded by what they had to say, being that he had montrose's whimsies. 227 taken so little notice of their last coming as that he did not pause nor delay his rendezvous one hour, nor his march any while, upon that account. " Great was the trepidation that was amongst them ; and whatever might be the General Montrose's confi- dence, yet the mixed multitude, his followers, either wanted stomach to the service, or were fearful of the event ; and albeit they saw no enemy as yet, they went not about their business with confidence enough. Hither- to they had assisted the reading of protestations, or sit- ten in Assembly, or taken some empty or disarmed castles ; now they supposed they were to dispute it with their enemy in the fields ; and whatever means was\ised by the nobility, or their ministry, to persuade the vulgar sort of the justness of their quarrel, yet the most part of them, who had been born and bred up under a long peace, could hardly distinguish it from rebellion against their King. This abstracted confidence from many of the meaner sort, and bred trepidation in them at the hearing of their own drums, trumpets, and shots. " At this time likewise, the Covenanters began to wear and take for their colours blew ribbons, which they carried about them scarf-wise, or as some orders of knighthood wear their ribbons. This was Mon- trose's whimsies. To these ribbons ordinarily the ca- valry did append their spanners for their firelocks, and the foot had them stuck up in bushes in their blue caps, which device seemed so plausible, that when the army marched towards the border, some short time afterwards, many of the gentry threw away their hats, and would carry nothing but bonnets, and bushes of blew ribbons or pannashes therein, in contempt of the Englishers who disdainfully called them blew caps and jockeys. * * Spalding thus notices " Montrose's whimsies." " Few or none of 228 MONTROSE AND THE COVENANTERS. " All instance of the fear that was amongst them was visible enough to Huntly's Commissioners the first time that they came to speak with Montrose ; for that night the townsmen of Montrose, espying some fire in the night time, in the hills towards Innermark and Edgell Castle, fell upon a strong conceit that it was Huntly and his forces who were already come within two or three miles of their town, making havock of all before him with fire and sword. This imagination, fostered by their fears, moved them to beat drums and ring their alarum-bell, and albeit it was after ten o'clock at night, yet to arms they would needs go, half in a rage, half in a fear. Great was the noise that they made ; and although the Commissioners from Huntly, who were there lodged that night, assured them there was no danger, and that none who belonged to Huntly was nearer them than Aberdeen, yet all that could not quiet them. Nor were they far from falling in upon the Com- missioners, to affront or do by them as their fear and fury should prompt them, had it not been for the mas- ter of the house where they lodged, who, being pro- vost of Montrose at that time, interposed his authority to pacify the multitude, and caused shut his gates against them. But here it rested not, for need must they run out, they know not whither, nor against whom, remaining at some distance all night in their arms, till thishaill (whole) army wanted a blue ribbin hung about his craig (neck,) down under his left arm, which they called the Covenantees ribbin. But the Lord Gordon, and some other of the Marquis's bairns and fami- ly, when he was dwelling in the town, had a ribband of a red flesh co- lour, which they wore in their hats, calling it the royal ribbin, as a sign of their love and loyalty to the King ; in despight and derision where- of this blue ribbin was worn and called the Covenanter's ribbin by the haill soldiers of the army, and would not hear of the royal ribbin, — such was their pride and malice." SIGNS OF THE TIMES. 229 break of day discovered their error, and made them know that their supposed enemies were nothing else but heather kindled in the hills, (the which about that time of year the country people used to do in these places when the heather grows old,) which burning, the Com- missioners sent from Huntly saw burning, all the day before, hard by them whilst they were on their jour- ney to Old Montrose. " But the Commissioners sent from Huntly in their return towards Aberdeen, after their second journey to Montrose, saw that which deserves to be put upon re- cord to posterity, and which at that time they looked upon as a certain presage of the war and bloodshed which quickly ensued in the years following ; for having taken horse at Montrose, where they left the Earl of Mon- trose and his followers, a little after sun rising, as they were going towards the mouth of the north-water, which is some two miles distant from the town of Montrose, they and their waiters did espy the sun shining in a perfect blood colour, yet could they discern no vapour which could physically occasion the change of his co- lour, for he shined at some distance above the sea, and they were hard by the shore. The difference betwixt and other times, when his colour is obfuscated by va- pours, was that at other times, at his rise and set, his red colour is dreggy, and inclines to brown ; but that day his colour looked like to fresh blood, whereof a lit- tle quantity is poured into a bright silver bason ; or like a red rose, or like that blood in the cheek which physicians call -sanguis jior'idu.s. A second great dif- ference was in the duration and continuance of that extraordinary colour, for, whereas at other times the vapours take or keep away the sun's bright colour but for some short space after his rise or before his sett, it 230 MONTROSE AND THE COVENANTERS. was evident enough that this day he keeped that co- lour most part of the forenoon, and before he did part therewith clouds arising about eleven o'clock in the forenoon took the sun out of their sight. I would have been loath to have related this prodigy, so confidently and particularly, upon any man's assertion or informa- tion, being that it is usual to make these things great- er than they are, had I not at that time been myself in company with the Commissioners from Huntly, and an eye-witness thereunto. Nor should I at that time have trusted my own skill to distinguish between what was natural and what was prodigious, had not I heard the Commissioners, three of whom were well known to have been able scholars and philosophers,* conclude at that time, that neither that colour of the sun, which they were beholding at that time, nor the long conti- nuance thereof, did or could flow from any discernible natural cause. The event since has put it out of doubt that it was as prodigious as these gentlemen at that time did unanimously prognostick it would be. But 'tis time to leave these digressions, which possibly may recreate the reader, and return to the thread of my nar- ration. " The Commissioners at their return had news that Huntly was disbanded, and had retired himself to Stra- bogie. Whether it were that he had changed his re- solution after he sent away the Commissioners towards Montrose, or that before their return, which was but two nights, that he had some advertisement from the King so to do, I cannot, nor ever could afterward, cer- tainly learn. The last I dare not confidently affirm, being that, about that very time and day which was * These were, Robert Gordon of Straloch, (the narrator's father,) Dr William Johnston, and Dr William Gordon. MONTROSE AND LESLIE. 231 his rendezvous at Inveruiy, March 18th,* the King's household entered their journey towards York, and the King himself took not journey towards York till March 27th, which was after Huntly's disbanding some days." It appears to have been in strict compliance with his orders from Hamilton, that, to the disappointment and disgust of many of his gallant followers, Huntly dismissed a portion of his army, and retired to his own house of Strathbogie, where he took up a defensive po- sition with the forces he retained about his person.f The retreat of the King's lieutenant enabled the north- ern Covenanters, with the Lord Frazer and the Master of Forbes at their head, to march without molestation to Aberdeen, there to join Montrose, who entered it, says James Gordon, " on Palm Sunday, 30th March, with a veni villi vici." By his side there appeared the veteran of many a desperate field in the land of battles. Well had Rothes catered for rebellion, when he " took hold" of Leslie. Montrose was instructed to give im- plicit attention to the advice of this experienced leader, and to consider him as his military tutor. Even the lofty mid imperious Montrose submitted, it seems, to this arrangement. " We were feared," says liaillie, in his happiest manner, " that emulation among our no- * Spalding says, that Huntly hold Ins rendezvous at [nverury on the 25th of March, and dissolved his host on the 26th. These dates are pro- bably more correct than James Gordon's. f " The reason why Huntly laid down his arms, and at this time en- tered into capitulations, was that, some time before this, he received by * * * Leslie, brother to the Lord Lindores, express orders from the Marquis of Hamilton, (from whom, by particular mandate from the King, he was to receive his Majesty's orders,) shewing him that it imported for the King's service not to enter in blood, by lighting against the Co- venanters." — William Gordon's Hist, of the Family of Gordon, p. 2< S 232 MONTROSE AND THE COVENANTERS. bles might have done harm when they should be met in the field ; but such was the wisdom and authority of that old, little, crooked soldier, that all, with an in- credible submission from the beginning to the end, gave over themselves to be guided by him, as if he had been great Solyman. Certainly, the obedience of our noblemen to that man's advice was as great as their forbeers (forefathers) wont to be to their King's com- mand ; yet that was the man's understanding of our Scots humours, that gave out, not only to the nobles, but to very mean gentlemen, his directions in a very homely and simple form, as if they had been but the advices of their neighbour and companion." And this crooked familiar, who now so ominously graced Mon- trose's side, was he who had been greatly honoured by Gustavus Adolphus, his instructor in battle. But Leslie degraded himself too long under the impious banner of the Covenant, and even learnt to become a coward ; for this same little old fighting Mentor was in full flight, at the head of " all his cavallirie," from the battle of Mars- ton-moor, some twenty miles homewards, when over- taken by the news that the battle was their own. Shade of the immortal Gustavus ! * * The reverend Mr Aiton, in his Sketches of dramatis personce intro- ductory to his Life and Times of Alexander Henderson, thus notices Leslie : " Lord Leslie deserves also to be here mentioned as the con- queror of Montrose, and the military leader on the part of the Cove- nanters. This wary General," &c. p. 76. The contrast with their ori- ginal companionship would have been striking, had the fact so been ; but the reverend author is in error, which we must here take the liberty to correct. The conqueror, — if, under the circumstances, that term be applicable, — of Montrose at Philiphaugh, was not this Alexander Leslie, created Earl of Leven, but a much better soldier, namely, David Les- lie, created Lord Newark, who contributed greatly to gain the battle from which the Earl of Leven ran away. Mr Aiton, throughout his work, has failed to distinguish betwixt these two mercenaries of extra- ordinary fortune. MONTROSE OCCUPIES ABERDEEN. 233 It must have been a sore sight, to those who remained in Aberdeen to see it, when the combined forces of the Covenanters, eleven thousand strong, paraded upon the links there. Besides his Mentor, Montrose was accom- panied by the Earl Marischal, the Earl of Kinghorn, Lords Elcho, Erskine, and by his own brother-in-law, Lord Carnegy, whom Montrose had endeavoured to un- seat in the Assembly. Spalding's lament, over the state of his beloved town, at this crisis, is pathetic. He says, that the noble burgh of Aberdeen, being " daily deaved" with the news of the coming of an army, and their own Marquis having dissolved his host at Inverury, and ap- parently deserted them in the hour of need, and no help arriving from the King, they began to be heartless and comfortless, and entirely to despair, not knowng what course to take. Hitherto there had been brave mus- terings and drillings, casting of trenches, watches and catbands in the streets, pieces of ordnance in the cause- ways, and fortifications in every direction ; moreover, every man carried at least a sword by his side. But when Huntly seemed to desert them, they held mourn- ful consultations together, and agreed, that, as all seemed lost, they should cast their weapons away, forbear all their warlike preparations, and open wide their gates to the approaching Covenanters. Then every man, forgetting his community, began to shift for him- self. Some removed their goods, and some fled with their families from the town. Amongst others, there fled by sea about sixty of the bravest men and youths of Aberdeen, well armed with sword, musket, and bandilier. They took one of the town's colours, and John Poak, their drummer, with them, and resolve to go to the King. And with them were the & 234 MONTROSE AND THE COVENANTERS. ever loyal lairds of Drum, Pitfoddels, Foverane, Bal- gouny, and the intellectually victorious Doctors, all upon the 28th of March,* hoist up sail, and to the King go they." Then to the forlorn pulpits of those excellent divines — who had read, most exactly, the writings of the ancient fathers in their own language, led their flocks to quiet waters, and fed them with wholesome food brought from the Scriptures, and the practice of the primitive Christians — there rushed the trash of " the Tables," the comfortless, half-crazy trumpeters of the Covenant, the illiterate and the into- lerant, the fanatical, the malevolent, and the ferocious, to howl and hammer out uncouth sedition to the terri- fied and bewildered people. " There they cry victory ! and begin to sing a song to the townsmen of a far other tune than they had learned from their own ministers and doctors, crying down that doctrine which the town's doctors, they knew, were not now in equal terms with them to maintain any more, without affronts to their persons." f After remaining a few days in Aberdeen, which they completely disarmed, and having done as little violence to persons and property, but as much to conscience and Christianity, as circumstances admitted of, Montrose * See at the end of this volume, some extracts of this date, from the Town-Council books of Aberdeen. f James Gordon, who adds — " all their success was imputed to the goodness of the cause, to which God began to shew himself so favourable, that their enemies had fled, whilst none pursued them ; and that now the curse was alighting upon Meroz, (so they termed Aberdeen in their sermons,) which came not to help the Lord against the mighty ! There was a minister at that time, who did ascribe the fairness of the three last days of March, commonly called borrowing days, that time, to a miracle, in a sermon preached before many witnesses." DEAR sandie's stoups. 235 and Leslie marched their host to Inverury, to discuss Huntly, leaving behind them the Earl of Kinghorn, as Governor of Aberdeen. " They did lie down at Inver- ury with open leaguer, having drawn along with them some short field pieces of three feet long, or thereby, which, for all that, were of an indifferent wideness, and did shoot an indifferent great ball. These pieces, — com- monly nick-named Dear Sandie's Stoups, as being the invention, or so thought, of Colonel Alexander Hamilton, master of their artillery, who himself was nick-named Dear Sandie, — were the ordinary field-pieces that after- wards, for some time, were made use of by the Cove- nanters." * Huntly in the meantime had retired to the Bog of Gicht (Gordon Castle) ; and, anxious to re- lieve the north from the plundering and oppressive vi- sitation of the covenanting army, he wrote to Robert Gordon of Straloch, once more to become a mediator betwixt them. Straloch immediately proceeded to Mon- trose's quarters at Kintore, and urged a treaty. Mon- trose showed himself well inclined to bring matters to that pass ; and it was finally arranged that Huntly and Montrose, each accompanied by eleven of their friends, should meet a few days afterwards, at Lowess, a country village about nine miles south of Strathbogie, and five miles north of the Covenanters' camp. The respective parties met at the appointed place and time, (Lords Oli- phant and Aboyne being with Huntly, Lords Elcho and Couper with Montrose,) armed only with walking- swords, and such was the mutual jealousy or formality of the meeting, that a gentleman from either party was appointed to search the other, for fear of hidden arms. Huntly and Montrose then respectfully saluted each ■ .Taines Gordon's MS. See before, p. 221. 236 MONTROSE AND THE COVENANTERS. other, and, after interchanging some expressions of courtesy, they stepped aside and held together a long private conversation, to which the rest were merely spec- tators. Huntly's friends were somewhat offended at the privacy of this conference, and James Gordon adds, that he never could learn what were the particulars of the private conversation betwixt Huntly and Montrose, which did not transpire. The immediate effect, how- ever, was an agreement quite unlooked for. After a few hours occupied in this manner at Lowess, Huntly mounted his horse, and, without a reason assigned, rode forward with Montrose and his friends to the leaguer at Inverury, where, their appearance being as welcome as it was unexpected, Huntly and his astonished compa- nions, among whom was Robert Gordon of Straloch, were entertained by the Covenanters with great respect and forbearance. The result was, that Huntly signed a paper, the precise terms of which are not known, but which seems to have been some qualified version of one or other of the Covenants, amounting to no more than a declaration in favour of the national Religion, and Li- berties, — probably something similar to what Mon- trose had been satisfied with (on his previous reform- ing expedition) from Dr Guild and others at Aber- deen. Montrose, being no party to the covert designs of the faction, was but a blundering Covenanter, and, being upon this occasion left very much to his own devices in furthering the cause, was not only willing to accept of very equivocal converts, but, totally forgetting the importance of the Magna Charta of his party, now at- tempted to make Covenanters of Papists, by the in- genious device of waiving the Covenant itself, — as the Play of Hamlet was modified by the itinerant manager. MONTROSE ADOPTS THE PAPISTS. 237 The fact we are about to illustrate must redeem our hero iu the eyes of the historian, whose only objection to the Covenant is, that it did not sympathize with Pa- pists. * The anecdote is not noticed in any account of Montrose that I have seen, except in the manuscript of James Gordon, who thus narrates it : — " Huntly, (besides consenting* to oblige himself to maintain the King's authority, together with the liber- ties both of Church and State, of Religion and Laws,) likewise purchased some assurance to his friends and fol- lowers. They were of several predicaments. Some of them were landed gentlemen of his name, or his asso- ciates, but not his vassals, — others were his own follow- ers and tenants, and amongst these, some were Protes- tants and others Papists. Assurance was given for all of them in the general that they should not be harmed, nor any thing that belonged to them, they car- rying themselves peaceably, and such of them as would subscribe the Covenant, as they were invited to it, so they were content to let them advise upon it, and not to be hasty with them ; and Huntly was content to re- strain none who were willing to take the oath of co- venant. The difficulty only remained for such as were Papists, and so not like to subscribe the Covenant, how they should be secured ; as also what assurance might be expected from them. To this purpose there was a midds fallen upon with all such, that they should be taken under protection, they subscribing a declaration of their willingness to concur with the Covenanters in maintaining the Laws and Liberties of thekingdom; and, that the Papists might be encouraged into the subsign- ing of such an obligation and bond, there was a decla- * Mr Brodie. See before, )>. 151. 238 MONTROSE AND THE COVEN YNTERS. ration emitted by Montrose to that purpose, signed by such noblemen as were present with him at that time at Inveruiy, and by Huntly amongst the rest. The prin- cipal copy of that declaration having fallen into my hands some short time thereafter,* and being as yet by me, I have set it down word for word, it being but very short, and it is as follows : — ' For as meikle as those who by profession are of a contrary religion, and therefore cannot condescend to the subscribing of the Covenant, yet are willing to concur with us in the common course of maintaining the laws and liberties of the kingdom, these are therefore requiring that none of those who, being Papists by profession, and willing to subscribe the bond of maintenance of the laws and liberties fore- said, shall be in any ways molested in their goods or means, nor sustain any prejudice more than those who have subscribed the Covenant.' (Signed) ' Huntly, Montrose, Kinghorn, Erskine, Couper.' " When Huntly arrived with Montrose at the leaguer at Inveruiy, he there perceived many of his own pri- vate and personal enemies, among the Forbeses and Frazers, and immediately became sensible that every attempt would be made on their part to induce Mon- trose to regard him more unfavourably than he had hitherto done, and perhaps to detain him prisoner. Too proud to enter into conversation himself on the subject, Huntly commissioned his friend Straloch to tell Mon- trose to be on his guard against the prejudiced councils he would receive from these individuals against the King's lieutenant. Straloch accordingly watched his oppor- tunity, and, finding Montrose alone in his tent, dis- * Probably in consequence of his father, Gordon of Straloch, having been one of Huntly's companions on that occasion. MONTROSE'S POLICY CONTROLLED. 239 charged himself of his confidential mission, and withal told Montrose, that if an attempt were made to take Huntly south with them as a prisoner, the country would not so quietly submit to the outrage as Huntly's enemies imagined. Montrose replied, that very pro- bably these people bore Huntly no good will, and that, indeed, he knew as much from themselves, but, for his own part, was willing to do for Huntly all the good offices he could, and would fail in no promise to him ; ' only,' added Montrose, ' there is this difficulty, that bu- siness here is all transacted by vote and a committee, nor can I get any thing done of myself.' ' You have done so much by yourself already,' rejoined Straloch, ' why not the whole ? If you be so inclined, of which I make no doubt, then being General here, and the principal per- son upon this expedition, when you stand to your point, Huntly's enemies must yield.' To which Montrose an- swered, ' I shall do my utmost for Huntly's satisfaction,' — and with this answer, says James Gordon, who nar- rates the above, his father was dismissed ; nor, he adds, did Montrose " fail of the performance of his promise ; for that night, after Huntly had subscribed the paper agreed upon, Montrose was content that he should re- turn peaceably to his own house, which he did accord- ingly, not without the great miscontent of those who would have had him detained." * Having thus discussed Huntly, Montrose broke up * I have adopted this circumstantial account by James Gordon, whose father was one of the party. Spalding says, that the meeting at Lowcss occupied two days, the 4th and 5th of April ; that on the evening of the 4th, Huntly slept at Pitcaple, and Montrose returned to the camp; and that, after parting on the second day, Huntly went not near the camp, but straight to Strathbogie. Bishop Guthrie gives a very meagre notice of the incident, in which he appears to have been misinformed, and pre- judiced against Huntly. 240 MONTROSE AND THE COVENANTERS. his camp at Inverury, and marched back to Aberdeen. On the march twelve Highlanders, some of Argyle's " uncanny trewsmen," came to Montrose with this mes- sage from their master, that he had ordered a re- giment, five hundred strong, of his own men, fully equipped in the Highland fashion, to offer their du- tiful services. Our hero, who probably wished Ar- gyle and his Highlanders any where but with him, re- turned a courteous answer, and issued orders for this accession of force not to enter Aberdeen, which was sufficiently burdened already, but to take up their quar- ters upon the rich lands of the Lairds of Drum and Pitfoddels, a mode of making a campaign pay itself, which " Felt Marshal Leslie, his Excellence," had learnt from the King of Sweden, and now taught them in Scotland. Accordingly, says Spalding, " the gentle- men returned to their Heighland company with their directions, which they took in good pa?% and lived royally upon the goods, nolt, sheep, corns, and victual of the ground above-specifeit, to the great hurt and wrack of the country people, for their master's cause, being great anti-covenanters." On the 9th of April, Montrose was joined at Aber- deen by the Earls of Murray and Seaforth, the Master of Lovat, and others, (with about three hundred horse, well armed,) to offer their assistance in the field, or in council. Accordingly, about this time, a grand con- clave, or committee, was held for some days, in which the state of the north, and the position in which the Marquis of Huntly had just been placed, was ea- gerly discussed. It appears that Huntly's enemies were not satisfied with the manner in which he had been disposed of by Montrose, and the declaration of the latter to Straloch, that he had no command of the MONTROSE'S POLICY CONTROLLED. 241 councils of this expedition, and was overborne in commit- tee, now became verified. Huntly was again requested to meet the Covenanters, with which request he reluct- antly complied, upon receiving assurance from Montrose, and the other leaders, that he would not be detained prisoner. No sooner had he arrived, however, than the Forbeses and Frazers, and more especially Crich- ton of Frendraught, the sworn foe of Huntly, began to urge his detention in the most vehement manner, and the result was very discreditable to the party that effected it. Various obligations and new terms were attempted to be imposed upon Huntly, who indignantly demanded that the bond of maintenance he had signed at Inver- ury should, in the first instance, be restored to him. Then, (says Spalding) the bond being immediately de- livered to the Marquis, he asked, ' Whether will ye take me south with you as a captive, or shall I go vo- luntarily?' Montrose answered, ' Make your choice.' ' Then,' said the other, ' I will not go as a captive, but as a volunteer. 1 Upon this affair, James Gordon thus comments : " Whether Montrose was content to be overborne by votes, that so it might be his greater glory to lead Huntly to Edinburgh as a trophy of his conquest, or if, indeed, Montrose was overpowered, and constrained to yield to the clamours of the northern Covenanters, who had drawn the south country men their way, it is uncertain ; but, however, it was con- cluded that Huntly must go along with them to Edin- burgh under a guard, though not disarmed as a pri- soner, which was accordingly performed. So Montrose and his party, within less than a fortnight after their com- ing, marched south again, establishing a committee of the Forbeses and Frazers, and their associates, to guard VOL. I. Q 242 MONTROSE AND THE COVENANTERS. the country, which they easily undertook, Huntly being now out of the way. He went to Edinburgh foot for foot with Montrose, accompanied with his two eldest sons, George Lord Gordon; and James Viscount of Aboyne, who voluntarily went along with their fa- ther, Lord Ludovick Gordon being but a young boy at school in Boig (Gordon Castle,) with his grandmo- ther, the others, Lords Charles and Harry, young children, the last of the two in France, where he was born, so none of the three in capacity to be taken no- tice of. True it is that for that time, when Huntly, contrary to parole, was made prisoner, (for I can give it no better name,) few or none of the Covenanters re- sented that dealing, but rather allowed it ; yet it did avail them nothing who were the main abettors there- of, being exposed to greater affronts by his followers immediately thereafter than if he had staid at home, who would have undoubtedly, according to assurance given, have kept in his followers. And for Montrose's going along with that action, it is most certain, to the best of my knowledge, for I write this knowingly, that it bred such a distaste in Huntly against Montrose, that afterwards, when Montrose fell off to the King, and forsook the Covenanters, and was glad to get the assistance of Huntly and his followers, the Marquis of Huntly could never be gained to join cordially with him, nor to swallow that indignity, which bred jars be- twixt them in the carrying on of the war, and that which was pleasing to the one was seldom pleasing to the other ; whence it came to pass, that such as were equally enemies to both (who knew it well enough,) were secured, and in end prevailed so far as to ruinate and destroy both of them, and the King by a conse- quent." Montrose's policy controlled. 243 Such is an unfavourable account of this matter for Montrose, recorded by a particular friend and follower of Huntly. Menteith, whose history of the troubles was written in French, and printed at Paris in the year 1661, states positively, that when Huntly made his ap- pearance, under promise of safety, at Aberdeen, " im- mediately they commenced to solicit Montrose not to suffer him to remain in his own country, whatever pro- mise he had made him to the contrary, and although Montrose opposed them to his utmost (s'opposast tie tout son pouuoir) to prevent their breaking the parole that had been given, nevertheless his single authority being insufficient to prevent it, Huntly and his eldest son were carried prisoners to the Castle of Edinburgh, from whence they were not liberated till the peace of Berwick." Both Wishart and Guthrie exonerate Mon- trose, but are neither precise nor accurate in the few details they afford, in which they appear too much pre- judiced against Huntly. From all the accounts, how- ever, it is obvious that this discreditable proceeding was not the policy of Montrose, and had been carried into execution contrary to his remonstrance and plans, for, when acting for himself, Montrose had actually dis- missed Huntly upon the most favourable terms ; and if Huntly was of a disposition to cherish, even to the ruin of his King and country, the remembrance of that wrong in after years, the fact of Montrose having com- manded various covenanting expeditions in arms against the loyalty of Huntly's district, is sufficient to account for that fatal " distaste," without the necessity of sup- posing that Montrose was a willing party to the dis- honourable act.* Indeed, it appears to be obvious, from * Huntly, in his spirited reply to the noblemen, gentlemen, and mini- sters who, on the part of the Covenanters, gave him the option of join- 244 MONTROSE AND THE COVENANTERS. other unquestionable evidence, that the whole conduct of Montrose upon this occasion was tempered with a ge- nerosity and forbearance contrary, not only to the wishes and conduct of the chiefs who accompanied him, and controlled his actions, but to the expectations and in- structions of the Tables, and even of some of the most christian of the covenanting clergy. That such an army as he commanded, in those rude and excited times, should have riotously and wastefully luxuriated in their free quarters, upon the estates of the loyalists, seems but the inevitable consequence of such an expedition. But it is worthy of remark, that both Spalding and James Gordon, partisans of Huntly, so far from imputing un- necessary severities to Montrose, bear testimony to his generous forbearance under very difficult circumstances. The plundering that occurred James Gordon refers to the policy of Leslie. He says — " It was observed ge- nerally by all, that Argyle was the first who raised fire in Scotland, by burning Airly's house, as General Leslie had first begun plundering at Inverury ;" and this is corroborated by Spalding, who states, that " upon Thurs- day, the 11th of April, the Earl of Argyle's Highland- men, at command of General Montrose, came into Aber- deen, from out the bounds of Drum and Pitfoddel's ground, and the country thereabout, (where they wanted ing tliem, or being confined in Edinburgh Castle, notices thus generally the manner in which he had been entrapped : — " To be your prisoner is by much the less displeasing to me that my accusation is for nothing else but loyalty, and that I have been brought into this estate by such unfair means, as can never be made appear honourable in those who used them." And after scorning the terms offered him, concludes : — " For my own part I am in your power, and resolve not to leave that foul title of traitor as an inheritance to my posterity. You may take my head from my shoulders, but not my heart from my Sovereign" This reply is dated 20th of April 1639, the day Huntly was sent to the castle, and was printed in London in the following year. 4 GENEROSITY OF MONTROSE. 245 not abundance of beasts, mutton, and good fare for little pay,) in order of battle, with bagpipes and Highland arms, about five hundred men. They went about the cross in rank, and being viewed, the General (Montrose) commanded them to go to their lodgings, which were prepared within the town for them ; and that they should do no wrong, which they carefully obeyed, and for the which the town gave them five hundred merks in money when they removed with the foot army." It is mani- fest, therefore, that Montrose had been exerting him- self, and successfully, on all hands to relieve, as far as possible, town and country from the burdens and ex- cesses of war. Again, James Gordon notes, that, — "April 12th, General Leslie marched out of Aberdeen, southward, compelling the town to pay him ten thou- sand merks, as a great courtesy to him." The fact was, however, that Montrose's instructions were to exact a hundred thousand merks, and to visit the recusant north, and especially Aberdeen, with the greatest seve- rity in every respect. Had he carried fire and sword through the whole district, he would have done no more than what the Tables, and especially the cove- nanting clergy, wished and expected him to do. It was through Montrose's leniency, as Spalding expressly ad- mits, that the fine upon Aberdeen was reduced to ten thousand merks ; and Baillie, after shortly narrating the subjugation of Aberdeen by Montrose, adds these remarkable expressions of disappointment : " The dis- cretion of that generous and noble youth (Montrose) was but too great. A great sum was named as a fine to that unnatural city, but all was forgiven ;" and, speaking of the free quarters upon Drum and Pitfod- dels — " This was much cried out upon by our enemies, as cruel and barbarous plunderings, but a little time 246 MONTROSE AND THE COVENANTERS. did try that we had been too great fools not to disarm that country altogether, and use some severity for ex- ample among them ; at that time they had no reason of complaining, but greatly to commend, as they did in words, our leader's courtesy.'''' The severity which this reverend partisan desiderated was, (as we shall find on another occasion when Montrose's forbearance again disappointed thefaction,) not sparing the enemy's houses; and thus Baillie himself affords the strongest confirma- tion of Bishop Guthrie's assertion, in reference to this expedition, namely, that " some fiery ministers, that attended Montrose, urged no less than that he should burn the town, and the soldiers pressed for liberty to plunder it, but he was more noble than to hearken to such cruel motions." HAMILTON IN THE FIRTH. 247 CHAPTER VII. SHEWING HOW HAMILTON BETRAYED THE LOYAL BARONS OF THE NORTH, AND HOW MONTROSE SUBDUED THEM. It was about the middle of the month of April 1639, that Montrose and Leslie returned in triumph from the north with Huntly a prisoner. This was the period of the most general and sincere excitement, throughout Scotland, against the measures of the Court, for the real secret, and the actual temper of the present threat- ening attitude of the King, was understood only by a few. His Majesty had reached York with an inefficient but most imposing array, and his evil genius, Hamil- ton, " must," says Sir Philip Warwick, " be a distinct General both by sea and land, and with a good fleet must block up the Scotch seas, and, to my knowledge, he promised so to visit his countrymen on their coasts, as that they should find little ease or security in their habitations." Hamilton's own letter, which time has disclosed, verifies the above, for therein, when planning this very expedition, he advises the King to " curb the insolency of this rebellious nation," and to " make them miserable," with " assistance from England." This, he adds, " will certainly so irritate them, as all those who within this country stand for your Majesty will be in great and imminent danger." * Five months from the date of this letter had scarcely elapsed, when * Letter in the Hardwicke Collection, already referred to, dated Nbi . 27, 1638. 248 MONTROSE AND THE COVENANTERS. Hamilton was in the Firth, and having brought Scot- land to its highest pitch of excitement and irritation, and the King into the most critical position, and hav- ing suffered Huntly at that very crisis to be taken pri- soner by the Covenanters, he instantly establishes him- self on the most peaceful footing with the rebels he was to reduce to misery, and takes the most certain means, by not standing for his Majesty, of placing all who did " in great and imminent danger." The important crisis of Hamilton's arrival before Leith is thus recorded in the manuscript of James Gordon : — " Hamilton came into the Firtb of Forth on the first day of May,* with a fleet of about twenty-eight ships, wherein were said, besides the mariners, to have been five thousand foot soldiers, English, together with mo- ney and ammunition, for levying and arming soldiers at Hamilton's landing. Sundry noblemen of Scotland, who stood for the King, and some officers of fortune, as they term them, who came along with Hamilton, were appointed to command these levies. Hamilton, at his coming into the Firth, anchored betwixt the two little isles, or Inches, called Inch-Keith and Inch-Columb, riding in the very place where the passage-boats be- twixt Leith and Bruntisland make their ordinary and nearest passage at all times. His coining hither begot * From theTown-Council books of Aberdeen, it appears that the Tables addressed a letter, dated 1st May 1639, to the magistrates, stating that the royal fleet, consisting of twenty-nine sail, had just entered the Firth. Aberdeen was therefore required to levy every fourth man of the she- riffdom, burgh and landward, and send them, suitably accompanied with horse, to the rendezvous at Edinburgh, well armed, and provisioned for ten days, in order to march to the borders, where a simultaneous attack, in co-operation with the fleet, was expected. Tbe town of Aberdeen remonstrates against the order, and pleads its inability to furnish such levies, in the existing distracted state of the north. HAMILTON IN THE FIRTH. 249 a great alarm amongst the commons, and such as were not acquainted with the mysteries of business, who upon both sides of the Firth began to run to arms, and to guard the coasts, that Hamilton and his soldiers might be kept from landing ; and their trepidation was no whit diminished by the covenanting noblemen, who kept a great deal of stir with rendezvousing, and draw- ing up horse and foot to keep off Hamilton, who made no great haste* to come ashore; for all he did was to set his soldiers by turns ashore upon Inch-Keith and Inch-Columb to refresh them ; and it was affirmed, that, being there, they caused make some fire-works, which made a noise like unto a volley of muskets shot off, and all to make the ignorant people believe that his numbers were greater than indeed they were. The rest of the time they lay there was spent in making excursions upon passage-boats or fishermen, without offering to come a-land, till his victuals began either to consume or to spoil, or the land soldiers to sicken, and some of them to die ; otherwise the fleet did more hurt to the King who sent them than to the enemy. For during the time that he lay in the Firth commander of the fleet, Hamilton had daily correspondence by let- ter or message with the prime covenanting noblemen, who, under the pretext of that which shall be present- ly told, sometimes would come a-board of the ships * Even Baillie remarks this, and declares that lie and a tow others thought Hamilton " yet a lover of his country, — that the employment was thrust upon him, — that he had accepted it with a resolution to ma- nage it for our greatest advantage, — that loyalty to his prince would permit him." But Baillie was not aware of Hamilton's recent letter to the King, in which he denounces them as hypocritical rebels, and for- swears Scotland as a miserable and worthless country ! Baillie adds, — " It was evident he eschewed all occasion of beginning the war; he did not trouble a man on shore witli a shot." 250 MONTROSE AND THE COVENANTERS. where Hamilton was, sometimes one, sometimes another of them. Thus were matters carried underhand, whilst great noise was made about the hindering of his land- ing, in a comical way ; and amongst other zealots none busier to bar his landing than Hamilton's own mother, who came riding towards Leith, at the head of some armed troops, with two case-pistols at her saddle, pro- testing, as is affirmed, that she would kill her son with her own hands if he should offer to come a-land in an hostile way ; and some affirm that she had balls of gold instead of lead to kill him withal : The last report I shall not assert for an undeniable truth, though it ap- pears to be true, which was reported of that lady's ro- mance-like caprice in this particular, by the testimony of such as, having written a manifesto * for the Cove- nanters, do not glory a little in the valour and resolu- tion of the old Lady Marquise of Hamilton against her son." Among the papers of Montrose's friend and adviser, we find a bond, which will serve to illustrate the gene- ral excitement that now prevailed in Scotland. Lord Napier, who adored the King, and abhorred faction, and who strenuously maintained the divine right of Kings, was nevertheless hostile, as we have seen, to the aggrandizement of the bishops. Conceiving that the policy of Laud had brought the King, against his own better judgment, into this hostile posture, and deluded with the idea that the covenanting party meant only to stand on the defensive, for their Religion and Liber- * Alluding to William Spang's Latin History of the Troubles, which he compiled from the letters he received from Robert Baillie. Sir Philip Warwick says, — " When Hamilton anchors in the Firth, his mother, a violent-spirited lady, and a deep Presbyteress, comes on board him, and surely she had no hard task to charm him." COVENANTING ARMY. 251 ties, Napier, though, like Montrose, destined to be in- volved in the ruin of his Sovereign, was at this mo- ment a Covenanter. The original of the bond, which we quote below, appears to have been left with this nobleman, and it bears evident marks of having been written with great haste and perturbation.* Obvious- ly it refers to the support of the great covenanting army, which for some time past had been gathering under the military auspices of Leslie, who, on the 15th of this month of May, obtained from the estates his commission of Generalissimo, and shortly afterwards marched to the borders to oppose the King. It appears to have been by the common consent of the covenant- * " Act subscryved for releif and surtie to the lenners of moneys to the good cause. ISth May. " Quhairas thair is ane absolut necessitie of present moneys for the suply of the good cause, and preventing of the disbanding of our airmies, quhUk ar lyklie to dissolve if they be not furnished — We noblemen, commissioners of shyres and burrowes for Parliament conveined, gives full power and authoritie to the committe quhilk we have apoynted to sit at Edinburgh, to give al sort of securitie, eyther in general, or by any particular persons, quhether noblemen, barons, or burgesses, quhom the persones, lenners of the moneys, please to nominat unto thes quho wil credit the money, and obliges us, theschyres and burrowes for whom we ar commissioners, to pay and refound to the saids lenners of the moneys, or thes quho secureth them to our publik use and behoofe, quhatsom- ever soumes of money schal be lenned by any, and secured to the lenners by the said committe, or any particular person at their direction, ar [sic] thir to be als sufficient a warrand and securitie als the most formal band with the strictest clauses, and obliges us to extend the same in the most formal way, in taiken quhairof, we have subscryved this act at Edin- burgh, 18th May. [Signed] " Rothes, Mar, Montrose, Cassilis, Montgomery, Boyd, Naper, Forres- ter, Forrester, Balmerino, J. Erskine, Loudoun, J. Cunynghamheid, WL Rig. of Atherny, J. Blair of that Ilk, Ro. St Clair, Sir J. Moncreiff, Tho- mas Hop, W. D. Riccartoune, Dundas of ytt. Ilk, Sir J. Moncreiff, J. Smith for Edinr., Richard Maxwell for Edinr., George Bruce, Da. Con- ynghaime, Tlios. Bruce for Sterling, T. Durhame for IVirth." Lord Forrester and Sir John Moncreiff bad affixed their signatures twice to the above. 252 MONTROSE AND THE COVENANTERS. ing nobility of Scotland, that their whole military ar- rangements were now left to the experience and talents of Leslie, who, from his long professional habits, was unquestionably better qualified than any of themselves to organize and order the disposition of their forces. His arrangements were of the most effective nature, and did not bely his reputation as the favourite gene- ral of Gustavus Adolphus. The colonels of the army were, for the most part, those nobles who had been active in the cause, and the subordinate steps were be- stowed upon professional officers long inured to arms and discipline in their mercenary campaigns abroad. Leslie submitted to the Tables certain articles of war, which he had drawn up after the model of the severe code of Gustavus Adolphus, and these being approved of, he caused to be printed, and circulated among his soldiers. Nor did he neglect the peculiar and import- ant element of his present service, — " the pulpit drum ecclesiastic." No one could accuse Alexander Leslie of being a fanatic, but he well knew the value of fanati- cism on the present occasion. To keep, no less than to attract, the whole country to his standard, he flat- tered the vanity, excited the ambition, and thus attached the services of the covenanting clergy. The camp of the Covenant he imbued as much as possible with the spirit of the Tables, and the General Assembly, in or- der to increase its belligerent qualities. The ministers were vastly elevated, as well might they be, by the im- portance of their present position. The very articles of war were redolent of the pulpit. On the title-page was the scriptural motto — " When thou goest out to battle against thine enemies, be not afraid of them, and keep thee from every wicked thing," * — but in case the text • We quote from a copy of this now rare tract, printed at Edinburgh by James Btyson, an. Dom. 1639. COVENANTING ARMY. 253 might not be sufficiently efficacious, it was articled, — " When any march is to be made, every man that is sworn shall follow his colours ; whosoever presumes without leave to stay behind shall be punished. If any upon mutiny be found to do. it, be they many or be they few, they shall die for it." The first article of the code, however, is titled " Ecclesiastical Discipline," and commences with the provision — " That in every regiment under a colonel, there be an ecclesiastical el- dership, or kirk-session," &c. Nor must we forget their celebrated banner, in which a worldly craving for regal power, so characteristic of the Kirk, was thus im- piously typified, — " the Scottish arms, and this motto, for Christ's crown and Covenant, in golden letters." The policy of all this, in the little old crooked friend of Gustavus Adolphus, may be gathered from the ac- count of Baillie, who, more than half-crazed with ex- citement on the occasion,* favours us with the follow- ing exquisite portrait of himself: " I furnished to half- a-dozen of good fellows, muskets and pikes, and to my boy a broad-sword. I carried myself, as the fashion was, a sword, and a couple of Dutch pistols at my sad- dle, but, I promise, for the offence of no man, except a * He says, " I was as a man who had taken my leave from the world, and was resolved to die in that service, without return. I found the fa- vour of God shining upon me, and a sweet, meek, humble, yet strong and vehement spirit leading me all along; hut I was no sooner on my way westward, after the conclusion of the peace, than my old security [i. e. his senses] returned." As for the sweet, meek, &c. spirit which carried him along, take the following specimen from the same let- ter : " They saw we were not to he boasted, and that before we would be roasted with a lent-fire by the hands of churchmen, who kept themselves far adjack from the flame, we were resolved to make about through the reek, to get a grip of some of these who had first kind- led the lire, and still lent fuel to it, and try if we could cast them in the midst of it, to taste if that heat was pleasant when it came near their own shins." 254 MONTROSE AND THE COVENANTERS. robber in the way ; for it was our part alone to pray and preach for the encouragement of our countrymen, which I did to my power most cheerfully * * * Had you lent your ear in the morning, or especially at even, and heard in the tents the sound of some singing psalms, some praying, and some reading scripture, ye would have been refreshed — true, there was swearing', and cursing, and brawling in some quarters, whereat we were grieved, but we hoped, if our camp had been a little settled, to have gotten some way for these misor- ders." The camp was sufficiently settled, however, to take excellent order with their bodies, and Baillie does not forget the refreshment of another description, which his sweet and vehement spirit seems to have no less enjoyed. He descants, with more than the genius of a hungry Scot, upon the comparative merits of the sump- tuous feasts of the English general and his own ; the fare, he says, at Lesly's long side-table was " as became a general in time of war, but not so curious by far as Arundel's to our nobles." And then, " our meanest soldiers were always served in wheat bread, and a groat would have gotten them a lamb-leg, which was a dainty world to the most of them." In this disgusting army, Montrose commanded a re- giment of above fifteen hundred men ; but, at the very moment of its march, his services were again required in the north, and he was directed to leave his regiment in the Castle of Edinburgh, under the command of his lieutenant-colonel, and hasten to exert himself in the quarter where the most immediate danger was appre- hended. Argyle was at the same time appointed to watch the western coast, where a descent was expected from Ireland, under the Earl of Strafford. It was in the north that the first collision occurred, the STATE OF THE NORTH. 255 opening scene of that civil strife which ceased not until after the national honour had received an indelible stain, and the throne itself was swept away. This was the vital quarter at present of the royal cause ; and Ha- milton, accordingly, there left it to its fate, while Mon- trose displayed a corresponding degree of activity on the side of the Covenanters. The Viscount of Aboyne, Huntly's second son, a mere boy, was now looked to by the loyal barons as their leader, the Lord Gordon being at this time with his father in the hands of the enemy. But even of this youthful leader the north was deprived at a most critical juncture ; for, on the 3d of May, he had suddenly taken his depar- ture by sea, in order to claim succours in person from his Majesty. Aboyne succeeded in obtaining the King's ear, the favourite being absent ; and he implored his Majesty to grant him an order upon the Marquis of Hamilton for some of the English troops, to aid the ris- ing in the shires of Aberdeen and Banff. Charles in- vested the young nobleman with the lieutenancy of the north, and, at the same time, sent a letter by him to Hamilton, in which his Majesty told the latter not to involve him in money expense, his Exchequer being drained, but " as for what assistance you can spare him (Aboyne) out of the forces that are with you, / leave you to judge, and I shall be glad of it if you find it may do good ;" and again, — " if, with the countenance and assistance of what force you have, you may uphold my party in the north, and the rest of those noblemen I have sent to you, / .shall esteem it a very great ser- vice."* So the fate of the north, and of the monarchy, was again cast upon the will of Hamilton, whose extra- * This letter, which is printed by Burnet in Ids Mem. of the Dukes of Hamilton, p. 137, is dated .Newcastle, 13th May 1639. 256 MONTROSE AND THE COVENANTERS. ordinary decision is thus lamely accounted for by his cunning apologist Burnet : — " The Marquis found Aboyne had no propositions to make besides general stories, and he saw him to be of an unstayed humour, so that he was hopeless of any good account of his busi- ness. As for money, he was limited by the King, and for men, he had sent away the two regiments that same day ; and since he expected orders every hour from his Majesty for somewhat to be executed by the third regi- ment, he could not weaken it too much, yet he sent a few officers, the chief of whom was Colonel Gun, to- gether with some ammunition, and four small pieces of artillery." Now it is in curious keeping with the po- licy we have been considering, that this hero with the portentous name, a Gustavus Adolphus man, so con- ducted himself in the service upon which he was now sent, as to acquire the title of Traitor Gun. James Gordon informs us, that when Aboyne had so far suc- ceeded with the King, " Hamilton, who had quick in- telligence of all that passed about the King, being ad- vertised thereof, upon pretext of scarcity of victuals and sickness, sends back these two thousand men for Eng- land, before Aboyne came to him with the King's or- der ; so that when Aboyne came to the Firth to Ha- milton he was heartily welcomed and feasted it is true, and many vollies shot off at drinking the King's health, but it was shewn him that the men were gone, and all that Aboyne could procure was four brass field-pieces, and some field-officers, and some small quantity of am- munition. And above all things, Hamilton gives to him one Colonel William Gun, a Caithness-man by birth, whom he recommends to Aboyne as a trusty and experienced soldier, advising him in all things to be TRAITOR GUN. 257 directed by Gun. Meanwhile, as appeared by the event, Hamilton gave secret instructions to Colonel Gun how- to act, as to this hour it is constantly affirmed."* It was during the interval of Aboyne's absence that a collision in arms betwixt the political parties oc- curred. The contest was neither obstinate nor bloody, but it acquired importance from being the first clash of civil war, and, as the success was on the King's side, Montrose was dispatched to the north, while * The following account of the matter is also imprinted, being from a transcript of a manuscript entitled, " A short abridgement of Britain's Distemper, from the year of God 1639 to 164-9," — by Patrick Gordon, (a son of Gordon of Cluny,) who was admitted a burgess of Aberdeen March 23, 160S. An account of this manuscript will be found at the end of this volume. " Aboyne coming to the fleet [from the King] was very graciously ac- cepted, and by the Marquis, in the Admiral's ship, was royally feasted, with playing of the ordnance at every health; and all this show was sealed with many promises of a real friend, which, by many compliments, pro- cured a firm confidence that all was real. And now, because he could not give him the aid according to his Majesty's appointment, he sends with him some commanders, — for of such he told him he understood his country was wholly disfurnished. One in particular, called Colonel Gun, he recommends unto him, as one whose worth, whose long expe- rience in war, and whose judgment in the art military, deserved a parti- cular regard ; and therefore he obtains of Aboyne that he should have the leading of such forces as he could bring to the fields. Such was the integrity of this young Viscount, who was but a child in years, nor had he ever been in action before, much Less had his innocent soul been ac- quainted with the subtle fallacies of state policy ; and, therefore, the free- dom of his noble disposition would not sutler him to be jealous of what- soever the Marquis advised him to, and the rather for that they were so near in blood as cousin-germans once removed. But this man's carriage, who was thus recommended unto him, brought forth another aspersion, or rather an evident presumption of Hamilton's intentions. For he com- mitted so many palpable errors in the execution of his charge, as could not be performed by a practised commander but ot set puipo.se to over- throw the business. Yea they were blind who could not Bee how he, for the short time lie commanded in the north, did, as ii seemed by preme- ditation, both weaken and crush in pieces whatsoever was intended lor the King's service." VOL. 1. R 258 MONTROSE AND THE COVENANTERS. Leslie marched to the borders. We may here extract, from another imprinted and contemporary chronicle, (Patrick Gordon's manuscript quoted in the preceding note,) some account of the state of affairs which now, for the last time, called forth the energies of Montrose to subdue the loyalty of the north. " Whilst Aboyne was on his dispatch with the King and the Marquis of Hamilton, the Gordons, and some other barons with them that favoured the King, were forced to look to themselves. For the Forbeses, their old enemies, being a great and numerous family of brave and valiant gentlemen, for the most part, with the Hays, Keiths, Frazers, Crichtons, and the whole of the north, being all Covenanters, drew themselves to a head, having their rendezvous at Turreff, where there came numbers of goodly gentlemen well horsed, with a com- petent power of foot. Of this preparation the Gordons being advertised, repair to Huntly, of some called Strath- bogie, and after consultation, being for the most part all landed gentlemen of equal quality, they could not condescend upon a leader. Some would have had the Marquis's brother, Lord Adam ; but his brains being cracked, either through some distemper, or rather through a malignant temper of melancholic blood, which ran in his veins from his grandmother, Duke Hamil- ton's daughter,* was not fitting for the charge. Then they talk of Lord Lewis, the third son of the Marquis ; but he was but a child at school, and had not attained to thirteen years of age, and therefore too young for the fields, and his grandmother, the Lady Marquise, was loth to part with him ; yet e'er it was long he could not • * Lady Anne Hamilton, daughter of James Earl of Arran, and Duke of Chatelherault. THE BARONS. 259 be restrained, for he secretly conveyed himself to the Highlands, and took the guiding of the rude Highland- ers upon him, shewing thereby what one day might be expected, and how this spark was like to grow to a great and ardent flame. Then they resolve to chuse some one of the barons that was there, and they pitched upon the Laird of Banff;* but because he was not of the name, they join to him the Laird of Haddo. And before they could be ready to march, there was a thing which mightily troubled them, which was, in whose name, and for whom, the service should be done ; and this bred some delay, till the Laird of Carnburrow, a learned, perfect, wise, and discreet gentleman, told them that the matter was of no small moment, and might come one day in agitation before his Majesty, as it did indeed, and therefore his advice was, that there should be a bond drawn up, — that the same was done, first, in defence of his Majesty's royal prerogative, and, next, for the duty, honour, and service they owe to the house of Huntly, and for the advancement, preservation, and grandeur thereof, against all their enemies. This advice was followed, the bond drawn up, and every man of quality set his hand to it. Then they began chearfully to march, resolving to seek out their enemies, although their numbers were greater than their own by very far. They would not stay for their coming, but, marching all night, they came to Turreff in the morning twilight." TurrefT was occupied by a covenanting army of about twelve hundred horse and foot ; but this night march * James Gordon says: — " After some dispute it was in end concluded that Sir George Ogilvie of Banff, and sir John Gordon of Haddo, should be Generals, conjunctly, both of them of known courage, but Banff the wittier of the two, and Haddo supposed to be pliable to Banff's councils and advice." 260 MONTROSE AND THE COVENANTERS. of the barons, who mustered only about eight hundred, took them so completely by surprise, that, it maybe said, the Covenanters scampered out as the loyalists scam- pered in, and this transient and almost bloodless suc- cess of the King's cause, obtained the appellation of the Trot of Turreff. The leaders of the victorious party — for they were all leaders, and called " the barons" par excellence, and this particular crisis, " the barons' reign" — were Clunie, Gight, Haddo, Abergeldy, New- ton, Buckie, Park, Letterfurie, Carnburrow, Craig, Inverinarkie, all of the surname of Gordon, with the Ogilvies of Banff and Carnousy, the Urquharts of Cromartie and Crombie, Turing of Foverane, Udny of Udny, Leith of Harthill, Seaton of Pitmedden, &c. With these there was but one officer of experience and professional habits, namely, Lieutenant-Colonel John- ston, (son of Johnston of Crimond, provost of Aber- deen,) who led their van. After their successful dash at Turreff, the barons oc- cupied Aberdeen, and Ogilvy of Banff, and Huntly himself, endeavoured to communicate the hopeful state of the north, by letters, to the King. The fate of these letters we learn from Baillie. " Banff made haste to take all advantages of his scarce-hoped-for victory. He ran over the country, repossessed Aberdeen, which was not unwilling to be brought back to their old friends, advertised the King of his success, and prayed for supply. The matter tvas of consequence. Ogilvie's and the Marquis's letters were intercepted, where- in we saw the appearance of some more troubles from the north." To the utter amazement of the Co- venanters themselves, even at this crisis Hamilton per- sisted in neglecting the cause of the King'. " It was thought," says Baillie, " that the most, if not all the THE BARONS. 26'1 land soldiers which the Marquis had, were intended first for Huntly's service ; but God disappointed this very dangerous intention, by keeping the navy some weeks longer on the English coast than was expected, even till Huntly was in hands, and all his designs broken." But the success of the barons at Turreflf, their occupation of Aberdeen, and the ardour of Aboyne, opened a prospect of certain success for the royal cause, had Hamilton co-operated with the north at this time : " Yet if at this same time a considerable supply had been sent to Banff, [Ogilvy,] he had wrought us much woe ; but Montrose at once, with Marischal, who be- fore this were avowedly joined to our side — these two noble valiant youths made haste with al) the friends they could gather." * The Trot of Turreff occurred early on the morning of Tuesday the 14th of May, and the barons occupied Aberdeen from the 15th until Monday the 20th. It appears, by the bond we have quoted from the Napier papers, that Montrose was still in Edinburgh on the 18th. The young Earl Marischal had reached the north before this, (having hastened thither, with some forces levied in the Mearns, to save his lands from pillage,) and from his castle of Dunnotter was negotiating with the loyalists, (through the medium of that prudent and peaceful baron, Robert Gordon of Straloch,) and keep- ing them in play, before Montrose arrived. In vain the gallant barons scattered the Forbeses and the Fra- zers, and, like a hive dethroned, kept hurrying to and fro, and disputing among themselves, by the Dee and by the Spey, now at Strathbogie, and now at Aberdeen. * Baillie's Letter to Spang, dated 28th Sept. 1639, a few months after the event. 262 MONTROSE AND THE COVENANTERS. Aboyne came not with the hoped-for succours. On the 20th they marched from Aberdeen, up the Dee towards Durris, in search of Donald Farquharson of Monaltrie, whom they expected to meet them with the Highland- ers of Strathdee, Braemar, Strathaven, and Glenlivet. That night they lay in the fields, and in the morning their hopes obtained a partial elevation, for, with Mo- naltrie and his men, there came to them a leader in the person of " Lord Ludovick Gordon, Huntly's third son, who had broke away from his grandmother at the Bog of Gicht, and had forsaken the school and his tutor, leaping over the walls, so hazardously, that he went near to break one of his arms ; he, I say, in highland habits, being as yet a young boy, had the name of leader to those Highlanders." * Marischal, certain of the im- mediate co-operation of Montrose, marched upon Aber- deen, which he occupied without resistance on the 23d of May, and had the satisfaction of reconnoiteringa host of dissentient highland barons in full retreat before him. Montrose, in the meanwhile, passing the Grampians in his usual rapid style, entered this luckless town on the 25th, at the head of about four thousand troops, (the flower of which were the cavalry of Angus and Mearns,) and followed by a train of thirteen field-pieces. " He entered the town," says Spalding, " at the Over Kirk-gate Port, in order of battle, with sounding of trumpets, touking of drums, and displayed banners ; they went down through the Broad-gate, through the Castle-gate, and to the Queen's Links march they, where all the night they staid under straight watch." Here Montrose found himself surrounded by a council of nobles, the Earls of Marischal, Athol, and King- * James Gordon's MS. MASSACRE OF THE DOGS. 263 horn, the Lords Drummond, Couper, and Frazer, and the masters of Forbes and Gray ; and this army brought with it the usual and inevitable accompaniments of such desultory expeditions in such times, — pillage, op- pression, and cruelty. Montrose, however, as we shall presently prove from Baillie's letters, did much to restrain the excesses of his army, even to a degree that first brought him into disfavour with the clergy of the Co- venant. Nor does Spalding, though no friend to Mon- trose, fix the excesses upon him. " Upon the 26th of May," he says, " being Sunday, the Earl of Montrose, now called likewise General, with the rest of the nobles, heard devotion ; but the rascal soldiers, in time of both preachings, are abusing and plundering New Aberdeen, pitifully, without regard to God or man." One strange outbreak of their cruelty consisted in leaving not a dog alive that could be found in Aberdeen, from the hound to the house-dog, and from the luxurious spa- niel to the cur of low degree. w The reason was, when the first army came here, ilk captain, commander, ser- vant, and soldier, had ane blue ribbon about his eraig ; in despite and derision whereof, when they removed from Aberdeen, some women of Aberdeen, as was al- leged, knit blue ribbons about their messens' craigs, whereat thir soldiers took offence, and killed all their dogs for this very cause." On Monday the 27th, Montrose summoned a council of war to decide upon the fate of the prelatic towns. Those eulogists of the Covenant, — who execrate the me- mory of that " bloody murtherer," Montrose, and deem it anti-christian to criticise the " sweet, meek, humble, yet strong and vehement spirit" of a Baillie, a Dickson, a Henderson, a Rollock, or a Cant, — reject with scorn the testimony of Bishop Guthrie, when, in reference 264 MONTROSE AND THE COVENANTERS. to these northern expeditions, he says of Montrose, " his generous mind was more eager for victory than execution," and that he resisted the urgent demands of the ministers, that the towns of Aberdeen should be given up to the horrors of indiscriminate plunder and conflagration. But this account is unquestion- ably corroborated by the contemporary notices of Baillie and Spalding. Even the meek, sweet spirit of Baillie panted after the blood and ashes of the loyal north ; but Montrose refused to glut it. The matter had been debated in council, and Baillie insinuates, that the soldiers of the Covenant fell off from their stand- ard, in consequence of the ill-timed humanity of Mon- trose. " Banff," he says, " dissolved his forces, Aber- deen rendered at once, all was carried before us. But ere it was long, our forces likewise disbanded, as was thought on some malcontentment, either at Montrose's too great lenity in sparing the enemy's houses, or some- what else." And this was Baillie's constant complaint of Montrose while in arms for the Covenant; " the discretion of that generous and noble youth was but too great" — " all was forgiven to that unnatural city 9 — "fools not to disarm that country altogether, and use some severity for example among them ; they had no reason of complaining, but greatly to commend our leader's courtesy." Spalding, on the other hand, dwells pitifully on the sufferings of his native place, successively the prey of either party. He cannot, indeed, bring himself to laud the too victorious Montrose, but he scarcely directs a bitter word against him, and even affords positive tes- timony to his forbearance. The salmon fishers of the Dee and Don had been attacked by the lawless soldiery, and robbed of their fish. These brave watermen killed MONTROSE'S CONDUCT TO ABERDEEN. 265 a soldier in defence of their salmon, and also complained to Montrose, " who commanded ane watch, night and day, to keep and defend both the rivers of Dee and Don from such wrongs and oppression, and thus the watermen were made free." Spalding, indeed, with- holds the merit here, for, says he, " thir waters per- tained heritably, for the most part, to burgesses Cove- nanters ;" but then he admits, that the result of Montrose's council of war was, " that they took from the town of Aberdeen, ten thousand merks, to save it from plundering," and that the money being- paid, and the order upon the inhabitants to deliver up their arms complied with, " no other goods nor gear were plundered out of any of the towns, as the General had given orders, except arms, and the town's fine." There is no reason, however, for saying that Montrose's leniency was of a nature that indicated at this time any want of sincerity in the cause he was supporting. He did what he could lo restrain the lawlessness of a desultory army, by submitting them to musters and reviews upon the links, and then ordering them to their quarters. But so peremptory was he in dismantling the hostile preparations and defences of the town, and in disarming the inhabitants, that when the drum beat through the Old Town of Aberdeen, commanding them, on pain of death, to deliver up their whole arms to the Laird of Craigievar, " the Old Town people, trembling for fear at this uncouth kind of charge, came all run- ning with some few muskets and hagbutts, others with a rusty sword, others with a headless spear;" and, adds the same inimitable chronicler, " the country round about was pitifully plundered, the meal girnels broken up, eaten and consumed, — no fowl, cock or hen, left unkilled." Then Montrose decreed that, by eleven l Z66 MONTROSE AND THE COVENANTERS. o'clock of the day following that on which he held the council of war, the fine of ten thousand merks should be paid, under pain of the town being given up to plun- der. Thus he both exacted the fine and saved the town. It appears, by the treasury accounts still ex- tant in Aberdeen, that the treasurer paid accordingly, to the uttermost farthing, and Spalding himself tells us, that, by the General's orders, neither goods nor gear were plundered. Even the remonstrance of Aber- deen indicates a sense of the humanity of its Conqueror, while the reply of Montrose shews that he was as ear- nest in their subjugation, though not so savage, as his present coadjutors. ' Why,' said the representatives of this persecuted place, ' are we thus used ? You re- quired us to subscribe the Covenant, at your sword's point, and we did so — we are Covenanters ; yet we are the only Burgh, throughout covenanting Scotland, which is not suffered to abide in peace, but is kept in continual perturbation and misery.' ' True,' replied Montrose, ' you subscribed the Covenant, but you have broken faith, and are not good Covenanters, for you have endeavoured to stir up the King himself against the cause, and you have received and entertained the plundering and oppressive barons, and therefore the town of Aberdeen is neither to be trusted nor believed.' To which the town of Aberdeen made answer, that what they had written or done, was with the best intention, and as for receiving the barons, they could not keep them out, and got no good by them. Montrose now thought it high time to break " the barons' reign." Having punished and lectured this ill-fated town, but withal spared its inhabitants and houses, he marched out of Aberdeen on the morning of the 30th of May, in order of battle, the infantry going 3 MONTROSE BESIEGES G1GHT. 267 first, followed by Montrose at the head of his well ap- pointed cavalry. Spalding says they were ten thou- sand strong, and cheered on the march by their bag- pipes, trumpets, and drums, and the rattle of ten bra- zen field-pieces in their rear. " Montrose's intention," says James Gordon, " was to besiege the houses of the gentlemen of the name of Gordon ; for upon his ap- pearance the barons were disbanded, and every one run a several way, so that Montrose could hardly tell where to find an enemy." That night they encamped at Udny, and marched from thence on the following day to Haddo House, or Kellie, belonging to Sir John Gor- don of Haddo. But the place where Montrose deter- mined to commence operations was before the castle of Sir George Gordon of Gight, in which that bold baron, aided by the determined spirit and practical skill of Lieutenant-Colonel Johnston, whom he had along with him, was so well fortified as to reject and defy the sum- mons of his formidable pursuer. Montrose, unprovided with a battering train, turned his field-pieces against the castle, and for two days and nights vainly essayed to effect a breach, when suddenly he heard that a fleet, bearing Aboyne, as Lieutenant of the North, and a well appointed army, was about to arrive at Aberdeen. Never doubting that the royal lieutenant would be now at least most efficiently supported, and his own forces being diminished, (according to Baillie's account, " on some malcontentment at Montrose's too great le- nity,") our hero, aware of the danger of a superior force interposed between him and the Tables, fell back up- on Aberdeen, which he again entered, on Monday the 3d of June, by one of those rapid movements so cha- racteristic of his desultory campaigns. Montrose main- tained his dignity as a conqueror, by remaining a whole 268 MONTROSE AND THE COVENANTERS. day in the town of Aberdeen, which he quitted shortly before Aboyne entered the Road, and marched home- wards, in perfect order, with his troops and artillery. On the way he paused for a night at the Castle of Dun- notter, where he was received by the Earl Marischal himself, who, with a few horse, had preceded Montrose some days on the retreat. It was about the 5th of June that Aboyne entered the Road of Aberdeen, with two armed vessels of six- teen guns each, and a Newcastle collier. He was ac- companied by Ogilvy of Banff, Irving of Drum, and other loyalists, who had been lately compelled to seek safety in flight, but now returned with renewed hopes for the success of their cause. The Earl of Tullibar- dine also accompanied the young Viscount ; and, to the great annoyance of the Covenanters and their reverend chronicler,* with Aboyne came even Glencairn, the representative of the noblest and purest covenanting blood in Scotland, who refused to recognize the faction that now took the name of the Covenant of his fathers in vain. And last, though not least, there was Colonel, alias Traitor Gun, one who had become a creature of Hamilton's, from the period of the Marquis's memorable campaign with thatimmortal andeternal Gustavus Adol- phus. For several days the young lieutenant, having proclaimed his Commission, abode in his ships, in the hope of being joined by three thousand auxiliaries, which Hamilton had given him some reason still to ex- pect. But these came not, and Glencairn and Tulli- bardine, apparently disheartened and disgusted at the aspect of affairs, took their leave of Aboyne, and de- * " Glencairn, who unhappily all this time otherwise than his for- bears, to the losing of the hearts of all his friends, for the Marquis's pleasure, had deserted his company." — Baillie. YOUTHFUL COMMANDERS. 269 parted to their own homes. Thus was this young and inexperienced nobleman left to sustain the weighty burden of the royal cause in the north, and that witli a less trusty military preceptor at his side than the Cove- nanters attached to Montrose on his second expedition to Aberdeen. There was now a most important collision about to occur, at a very critical period for the country, and yet the leaders on both sides were mere boys, with the ex- ception of Montrose, who himself was not above twenty- seven years of age. His distinguished ally Marischal (Baillie calls them " these two noble valiant youths") was somewhat younger, being at this time scarcely three-and-twenty. James Gordon, speaking of Maris- chal in the year 1640, says that " he was not ill dis- posed if left to himself, and at this time too young to see the depth of these courses that he was led upon by the wisdom of his cousin Argyle, though much against the liking of his mother, Lady Mary Erskine, Countess of Marischal, who laboured much, but in vain, to re- claim her son to the King's party." Then, the loyal noble- man, whose duty was no less than to sustain the King's cause, had seen but nineteen summers ; and, as Glen- cairn and Tullibardine left him to his fate, there came to support that standard, tottering in the youthful grasp of Aboyne, a hand less steady and a head less wise than his own. Young Lord Lewis Gordon, whom we have already heard of as the spoilt pet of his grandmother, a boy of thirteen, or little more, and the wildest and most wilful of his times, " hastily," says Spalding, " raises his father's ground, friends and followers, men tenants and servants, who most gladly and willingly came with him, and, upon Friday the 7th of June, marched in brave order, about a thousand men on horse and foot, 270 MONTROSE AND THE COVENANTERS. well armed, brave men, with captains, commanders, and leaders, trumpets, drums, and bagpipes, and to Aberdeen came they, to meet the Lord Aboyne, having also in their company four field-pieces of brass, which they brought with them out of Strathbogie." It is not unlikely, that the departure of Tullibardine andGlencairn, to their own homes at this time, was occasioned by disgust at the fact, that while Hamilton persisted in withholding all efficient assistance from the royal cause, now left with the strip- lings of Huntly, others joined them who neither added strength nor credit to the cause. With Lord Lewis came " James Grant, a son of the family of Carron, on Spey side, with some twenty of his followers. This gen- tleman had been an outlaw several years before, upon a private account, which was, that his nephew, John Grant of Carron, had been killed by a near neighbour, John Grant of Balnadalloch, which slaughter was so re- sented by James Grant, that, to prosecute the revenge thereof, he wilfully turned outlaw, and had been pri- soner in Edinburgh Castle not long before, and had made his escape thence ; but being well descended, and cousin to Huntly on his mother's side, he was protected in the country, and at this time owned by Aboyne, although the Covenanters took occasion thence to tra- duce Aboyne and that party for taking such associates by the hand. They got greater ground to speak by Aboyne's taking under his protection one John Mac- Gregor, a Rennach man born, known by the Irish nick- name of John Dowgeare, and a notorious robber ; yet was he and his followers, about twenty-four arrant thieves and cut-throats, taken into the party. The ad- dition of all these, as it contributed little to the service, so it gave great occasion to the Covenanters to upbraid Aboyne, who, being young and inexperienced, was per- ABOYNE MARCHES AGAINST MONTROSE. 271 suaded thereto by such as either looked not to his ho- nour, or wilfully strove to affront him ; and the wise and most sober of his friends were very ill satisfied therewith, and so much the rather that these two ban- dits, though both of them were willing to serve Aboyne, yet they could not agree together, but wherever they met they were like to fall to blows with their compa- nies, and could hardly be kept asunder, — the reason whereof was, because James Grant had killed one Pa- trick MacGregor, brother to the Laird of MacGregor, who had undertaken, by warrant from the Privy-Coun- cil, to kill or retake James Grant. This slaughter was as much resented by the Clan Gregor, according to the Highland form, as Carron's slaughter was resented by James Grant." * Such was the position of the royal cause when Aboyne, and Traitor Gun, marched against Montrose early in the month of June 1639. * James Gordon's M S. This evil communication appears to have cor- rupted the wild Lord Lewis, for Spalding narrates of him, that, in the beginning of the year 1641, " Lewis Gordon, being with his father the Lord Marquis of lluntly at London, upon some alleged misconteiitment left his father's company, but [without] his knowledge, and to his great grief and displeasure; for his said son, unwisely and unhappily, con- veyed privately away with him his father's bail) jewels in ane little cabi- net, being of a great worth, and to Holland goes lie, leaving his lather sorrowful for his lewd miscarriage; whilU, amongst the rest of his crosses,he behoved patiently to suffer, suppose [notwithstanding] himself had not great store of wealth lying beside hiin for maintenance of his noble rank at that time." We will hear of this wild sprig again, in his petted and wayward rivalry of Montrose, — when Montrose was no longer his enemy, — whence a rhyme, says Sir Walter Scott, not yet forgotten in Aberdeenshire : — If you with Lord Lewis go, You'll get reifand prey enough; If you with Montrose go, You'll get grief and wae enough. 272 MONTROSE AND THE COVENANTERS. CHAPTER VIII. HOW HAMILTON BETRAYED THE KING, AND MONTROSE DEFEATED ABOYNE BEFORE THE TREATY OF BERWICK. It was about the latter end of May, and while Mon- trose was retreating southwards from his successful campaign, that the King pitched his camp in the neigh- bourhood of Berwick, from whence he reconnoitered through his prospect-glass, the covenanting army en- camped at Dunse Law. Although Hamilton, to use Baillie's expressions, had " eschewed all occasion of beginning the war, and did not trouble a man on the shore with a shot," and although his forces were un- diminished by any assistance afforded to Aboyne, not only did he still persuade the King of his constancy, courage, and warlike purposes, but actually made a de- mand for more troops, at a crisis when they could be least spared from the royal army. This is proved by a letter, dated from the camp, near Berwick, 2d June 1639, in which his Majesty says to Hamilton, — "every one that I dare consult with about this, protesteth against the diminishing of one man from my army ; besides, I have no mind to stay here upon a mere de- fensive, which I must do if I send you that strength you mention," — and after referring to assurance he had obtained of certain Scots nobles returning to loyalty, he adds, — but clearly in a strain whose spirit and ex- pressions were derived from Hamilton himself, — - " wherefore now I set you 'loose, to do what mischief HAMILTON'S HOSTILITIES. 27S you can do upon the rebels, for my service, with those men you have, for you cannot have one man from hence." The story which Bishop Burnet relates, as the immediate consequence of the above letter from the King, if it be a fact, places Hamilton in the most ridi- culous and contemptible point of view. " The Mar- quis," says Burnet, " no sooner got this, but he pre- sently set to ivork, resolving neither to spare Burroughs stowness, which was his own town, nor Prestonpans, which was his cousin's. But a strange accident befel him the next day, for as he went out in a small ves- sel, with a drake on her, and sixty soldiers, to view the Queensferry, and burn the ships that lay in the har- bour, he saw a merchant-barque coming down towards him, and he caused row up to her ; but she, perceiving her danger, run herself aground upon the sands of Barnbougle ; the tide falling apace, and he following her indeliberately, run himself likewise on ground, where he was like to have been very quickly taken by the men on the shore, who were playing upon him, and some vollies passed upon both hands. But they on the land were waiting till the water should fall, reck- oning him their prey already, which had been inevi- table, had not the seamen got out, and, being almost to the middle in water, with great tugging set them afloat, and so he returned safe to the fleet ; and this was all the ground for that calumny of his making ap- pointments on the sands of Barnbougle with the Cove- nanters." * * Bishop Guthrie, at least as good an authority as Bishop Burnet, tells the story thus, — " Mr William Cunningham of Brownhill was sent aboard to him (Hamilton;) and after his return the next night, the Marquis came ashore by boat to the links of Barnbougall at midnight, where my Lord Loudon met him, and had two hours conference with him; and afterwards his Lordship returned to his ships, and Loudon to those that sent him." VOL. I. S 274 MONTROSE AND THE COVENANTERS. Here Burnet would persuade us, by a most impro- bable story, which no one contemporary chronicler re- cords, and totally unsupported by proof, that this mighty admiral, who had planned the present invasion of Scotland by sea and land, now, at the eleventh hour, heartily " set to work" for its destruction, and was on such terms with the Covenanters, that while he was sneaking after their ships at Queensferry, they were ready to effect his destruction, or make " him their prey," if they could only have pounced upon him stick- ing in the sands of Barnbougle. Clarendon, however, speaks of " the Marquis of Hamilton's neighbourly resi- dence, with his fleet and foot-soldiers before Leith, with- out any show of hostility, or any care taken to draw his friends and followers together for the King's service ;" and we find an original document, in the Napier charter- chest, which affords a curious confirmation of this esti- mate of the Marquis's zeal in the cause of his master. While Montrose was overrunning the north with the arms of the Covenant, his friend Lord Napier, admitted to its public but not its secret councils, appears to have been anxious to bring matters to an amicable conclusion with the King. It suited, on the other hand, the ultimate designs of the movement party, that peaceful overtures should be now tendered to Hamilton, to be laid before Charles ; and they were politic in selecting, as their principal organ on the occasion to which we refer, a nobleman who had long been characterized as one " free of partiality or any factious humour." * Precisely jive * See before, p. 39. It appears from one of " Jean de Maria's" Let- ters (see before, p. 158,) dated 16th April 1638, that the faction had en- deavoured, but unsuccessfully, to obtain Lord Napier as their organ for presenting their first unconstitutional and tyrannical supplication against the bishops : — " My Lord Napier was the man designed for the present- 4 Hamilton's neighbourly fleet. 275 days before that on which, according to Burnet's story, Hamilton had nearly been " made their prey," he was, nevertheless, upon the " neighbourly" footing and un- derstanding, with the covenanting faction, which the following instructions indicate. Instructions for the Lord Naper and Lord of Durie. ult. May 1639. " Please your Lordships, go aboard the Admiral of the King's Majesty's fleet, lying in the Road of Leith, to the Noble Lord, the Marquis of Hamilton, his Ma- jesty's Commissioner, his Grace, and represent unto his Grace the particulars following : " 1. That we humbly desire his Grace to go in per- son to Berwick, to the King's Majesty, to mediate some accommodation, and prevention of these evils likely to ensue upon these unkindly wars, which being once begun, (as they are too far advanced,) will not so soon be quieted. " 2. To remonstrate, that it is most proper to his Grace to mediate in this matter, both as a, prime prince in this land, who should be sensible of the dangers threatened to his native country, and as one who, in the managing all the business, hath heretofore represented his Majesty by commission, with warrant to settle the disorders. ing thereof, who, finding the same too licit, as we understand, tor his fingers, and none else willing to undergo that charge, they changed their copy, and contented themselves to present their condolences to the Tri- umviri, I mean these three grandees of our nation, who arc thought to have the principal rule of his Majesty's cares, who, without offence ho it spoken, are supposed, by many and good subjects, to tender more t ho safety of their friends, followers, and favourites in this kingdom, than they do their master's honour," &c. Hamilton, Argyle, 1 Traquair are here alluded to. 276 MONTROSE AND THE COVENANTERS. " 3. That his Grace would go in person to the King's Majesty, and attend the event of this treaty, because our condition may not admit that delay of answer, or conclusion, which this distance of his Grace from his Majesty will produce in the frequent consultations may occur. " 4. That his Grace would be pleased to solicit that this treaty were expede with all convenient expedience, and that during this treaty, all acts of hostility may be discharged both by sea and land, which already hath been too frequent, and that free passage may be per- mitted at sea in the meantime. " 5. That his Majesty would be gratiously pleased to appoint his Grace, with such others as his Majesty shall nominate, to meet at any fitting place with our nobility as shall be sent by us for treating upon the means of accommodation, with such haste as our estate re- quireth." (Signed) " Balmerino, Forrester, Scottstarvitt, Tho Nicholsone, A. Hamilton, Robert Drummond, A. Gibsone Durie, Wm. Dick, preist [provost] of Edin- burgh, Richard Maxwell for Edinburgh, T. Durhame, Da. Cunynghame."* Thus it is very manifest that, notwithstanding the pretence which at this very time Hamilton was still keeping up, for the purpose of deceiving his Sovereign, — namely, that his inclinations and plans were of the most hostile and warlike nature against Scotland, — and notwithstanding the tales of his eulogist Burnet, by which he would insinuate that Hamilton now sought the destruction of the Scotch faction, while they were most anxious to make him their prey, the Covenanters knew better, and considered and addressed the Admiral * Original. Napier charter-chest. CHARLES DECEIVED AND BETRAYED. 277 of that neighbourly fleet, not as their enemy, but as their best friend and mediator with the King. The document we have quoted, when contrasted with Hamil- ton's correspondence with the King, as found in the Hardwicke collection, and in Burnet's Memoirs of his house, is sufficient of itself to prove that the favourite was acting not merely a vacillating, but a deceptive and traitorous part. Indeed when we attend, chronologi- cally, to the events crowded within the space of about six months, and which were decisive of the fate of the King, it is impossible to doubt that he was betrayed by his evil genius Hamilton. In his letter to Charles, dated 27th November 1638, Hamilton speaks of Scotland as a rebellious nation, a miserable country, a people having other thoughts than religion, which they used as a cloak to rebellion. Then he lays down the plan of a most effective invasion, to reduce this people to dutiful obedience, to irritate them, to make them miserable, and he suggests the Marquis of Huntly to be his Majesty's lieutenant in the north. Charles puts himself entirely into the hands of the favourite, Huntly is appointed, the invasion proceeds, and, by the first of May, Hamilton anchors in the Firth, and the King is with the army on his way to Berwick. But, at the same instant, Huntly is taken prisoner — a mortal blow to the royal cause, and one which Hamilton assuredly could have prevented. Hamilton withholds all succours from Aboyne, though thai young nobleman went in person to obtain them, and manifestly ought to have been supported with a vigour and activity in proportion to the loss sustained by the captivity of his father. Between the 8th and the 29th of May, Charles writes various letters to Hamilton, evincing the utmost desire that Aboyne should obtain the aid he demanded, 278 MONTROSE AND THE COVENANTERS. and that the loyalists should be vigorously supported in the north. Upon the 17th of May, the King writes from Newcastle to Hamilton, showing himself inclined to a treaty, but stating, at the same time, that if the rebels " march down to meet me with a great strength, in that case you are to fall on them immediately, and, in my opinion, as far up in the Firth as you think pro- bably may do good, thereby to make a diversion." The rebels marched to the borders, as his Majesty had anti- cipated, but Hamilton stirred not, except upon the memorable occasion when (if Burnet is to be believed) the Admiral in person was nearly captured while strug- gling, like a stranded whale, in the sands. Yet, on the 8th of May, Charles himself had transmitted to Hamilton a paper containing the most accurate and minute statis- tical details,* with a plan of operations which, if adopt- ed, would have wrested the north, and the destiny of the King, out of the hands of the Covenanters. Upon the 29th of May, Hamilton writes earnestly to the King, that since " the rebels " had obeyed the royal proclamation not to approach within ten miles of the leaguer, and his Majesty being thereby secure, which, he says, was the sole object of treating, therefore, " I conceive it will now be time to speak other language than hitherto hath been done, and they to be enjoined a total obedience to your just commands." Hamilton adds a declaration of his extreme unwillingness " to be employed in treaty with this people," and his " averse- ness of further treaty." f This letter is not to be found * The paper of instructions drawn up by Mr Thomas Hamilton, and printed by Burnet in the Memoirs of Hamilton, p. 128. It was the very plan by means of which " the stork, Cromwell," afterwards made him- self master of Scotland. f Franklin, 777. CHARLES DECEIVED AND BETRAYED. 279 in Burnet, who says, however, that " on the 29th May the Lord Aboyne came to Hamilton with the following letter from the King " — the very letter, namely, entreat- ing him to " uphold my party in the north," which Hamil- ton was determined not to do. Two days afterwards (the last day of May) is the date of the paper of instructions to Lord Napier which we have quoted above. On the 2d of June Charles writes (in a strain obviously called forth by Hamilton's own correspondence) — " Where- fore now I let you loose to do what mischief you can upon the rebels for my service." On the 4th of June, only two days afterwards, Heniy Vane writes to Hamilton — " His Majesty doth now clearly see, and is fully satisfied in his own judgment, that what pas- sed in the gallery betwixt his Majesty, your Lord- ship, and myself, hath been but too much verified on this occasion ; and, therefore, his Majesty would not have you to begin with them, but to settle things with you in a safe and good posture, and yourself to come hither in person, to consult what counsels are fit to be taken, as the affairs now hold." Deaf as the favourite had been to warlike instructions, though arising out of his own policy and suggestions, he instantly obeyed this summons, which it is not at all improbable had been also suggested by himself to Vane. But let us hear his apologist. " How great the Marquis his surprise and trouble was, when he received this, cannot be easily expressed, though it was but what he always looked for; and before the King left Whitehall, he told him in the gallery, none but Sir Henry Vane being present, that few of the English would engage in an offensive war with Scotland. However, he was too well taught in ohedience to question or delay it after such positive orders, and, therefore, could neither give a satisfactory 280 MONTROSE AND THE COVENANTERS. answer to the Earl of Airly, — who at that time wrote to him, pressing him to come to the north in all haste, otherwise the King's party there would be presently overrun, — nor to my Lord Aboyne's letter, who desired fresh supplies of men and monies, though the refusing of both of these was after that alleged against him.* Yet the last, being dated the 4th of June, met him on his way to the King, and the other could be no sooner at him, being of the 26th of May, and in the postscript excuse is made that it was of an old date for want of a sure bearer ; both these are yet extant. But most of all it appears how groundless that great and crying accusation was, (which, as it made up no small part of his charge to be mentioned in its proper place, so was it in the mouths of every person,) that he betrayed his Majesty's service in the Frith." Mr Hallam, in his constitutional History of England, observes, that " the pacification, as it was termed, of * Thus Burnet would insinuate that the Marquis, against his own warlike inclinations, was forced to forego all co-operation with the loyal- ists in the north, and betake himself unwillingly to a treaty at the King's command ! But the Bishop does not venture to print tbese letters from Airly and Aboyne. The whole affair appeai-s to have been a juggle between Hamilton and Vane, who were playing into the hands of the Covenanters. Sir Philip Warwick, referring to the treaty of Berwick, thus speaks of Vane : — " And for all this, Sir Henry Vane, the interlop- ing secretary, was a most proper instrument, for through his hands all the trifling intelligence which Hamilton had given to amuse the King, both of his own and the Scots proceedings, had passed, and those an- swers which the King wrote not with his own hand passed Vane's, who, God knows, was an ordinary penman, but his letters still had some mark of the King's, that in the future they might not be disowned. For all which, thanks were given to Hamilton for these services, by which he had brought the King into a seeming necessity of this pacification," p. 146. The letter from Vane to Hamilton, requiring the latter to come to the treaty at Berwick, as printed in Franklin, has no postscript. Burnet prints it with a short postscript from Charles, acknowledging and approving the contents. PACIFICATION OF BERWICK. 281 Berwick, in the summer of 1639, has been represented by several historians as a measure equally ruinous and unaccountable. That it was ruinous, that is, that it formed one link in the chain that dragged the King'to destruc- tion, is most evident ; but it was both inevitable and' easy of explanation." And one reason of its necessity offered by this able writer is, that " the Scots were en- thusiastic, nearly unanimous, and entire masters of their country." The value of covenanting enthusiasm and unanimity, as a national characteristic, and principle of action, we have already had occasion to consider. That the Covenanting faction were now entire masters of their country, and that, again to use the words of Mr Hallam, — " the terms of Charles's treaty with his re- volted subjects were unsatisfactory and indefinite, enor- mous in concession, and yet affording a pretext for new encroachments," are fatal truths, involving a nation's misery and disgrace, for which Hamilton is deeply re- sponsible, who at this time so meanly betrayed his too confiding master. And now the crisis was at hand, when Montrose, awakening to a sense of the monarchy in danger, and becoming gradually confirmed in the con- viction that Charles was betrayed by those he trusted, paused in the delusive excitement of covenanting patrio- tism, while his heart yearned to tell his Sovereign of "the serpent in his bosom." Meanwhile we must follow Mon- trose through his last covenanting triumph in the north. It was upon Friday the 14th of June \6S9, that Aboyne, despairing of the promised assistance from Hamilton, and not in the secret of the transac- tions we have noticed, commenced his march from Aberdeen towards Angus. His hope was, with the aid of the gallant Ogilvies, at least to create such a diver- 282 MONTROSE AND THE COVENANTERS. sion as would draw off no inconsiderable portion of the Covenanting army opposed to the King on the Borders. The three vessels which composed the fleet of Aboyne were ordered to sail along the coast, and attend the motions of the loyalists. The brass field-pieces, and most of the ammunition that had been obtained from Hamilton, were sent on board these vessels by Colonel Gun. The pretext was the difficulty of carriage ; the result was, that the wind shifted, the vessels turned sea- wards, " nor did they ever see them again to this hour, so that cannon, and ammunition, and the three ships, all vanished together."* Scarcely was the march com- menced, when the intelligence reached them that Mon- trose had again collected his forces, and was already arrived at Stonehaven on his way to meet them. Aboyne accordingly encamped that night at Muchalls, the place of Sir Thomas Burnet of Leys, and sent on a party of horse within little more than a mile of the enemy's quarter, to watch the motions of Montrose, who, along with Marischal, was strongly entrenched before Dunot- ter, with about eight hundred foot and horse, two brass demi-cannon,and some field-pieces, brought out of Mari* schal's stronghold, the gates of which were open to receive them on a retreat. Montrose and his party kept themselves closely and quietly within their works at Stonehaven all night, without attempting to molest Aboyne's cavalry, which returned to the main body before sunrise. Early on the morning of Saturday, the loyalists marched forward in the direction of the church of Fetteresso, till within a mile of Stonehaven, when Colonel Gun, into whose hands Aboyne had placed the command of his army, gave orders to turn off the high road, to the left hand, upon a heath or moor, where * James Gordon's MS. RAID OF STONEHAVEN. 283 he drew them up in battle array. The van, commanded by Sir John Gordon of Haddo, was composed of a volunteer corps of a hundred gentlemen, cuirassiers, " who for their colours carried a handkerchief upon a lance ;" next came a regiment of musketeers, citizens of Aberdeen, about four hundred strong ; in the rear were the Highlanders, and the cavalry were disposed on the flanks. Montrose, aware that Stonehaven was not tenable, had made arrangements to retreat into the stronghold of Dunotter ; but, it is said, in order to gain time to reinforce his troops, he now sent to Aboyne " a letter by way of complimenting challenge," which had the effect of drawing that young nobleman still nearer to Stonehaven, upon a rising ground called the Meagre-hill, where his troops were again drawn up in order of battle, but completely exposed to the fire of Montrose's artil- lery. " Whether," adds James Gordon, " such a letter were ever sent or not, I could never learn, only this much I am sure of, that Aboyne, when his party had got order to march towards Stonehaven, came himself, and told that Montrose had sent them a letter, which lie told very cheerfully, and desired all to take courage." The intention of Aboyne was to inarch directly to the relief of the King, without turning aside to engage Montrose and Marischal, but he was overruled by his military master, upon whom the following severe remarks occur in the manuscript of Patrick Gordon of Cluny.* " But Gun, who was now begun to play his pranks, finds this course (of inarching southwards) too safe and fair for a good success, and resolves most basely rather to lose the estimation of a good leader than to put it * See before, p. 25"! 284 MONTROSE AND THE COVENANTERS. in practice. Arid this did not a little confirm the jea- lousy of the wiser sort, that he had been schooled before he came there ; for when he came near Stonehaven, he leaves the way he should have marched, and most idly, ignorantly, or rather, in plain terms, treacherously, (for he never could give a reason for it but that he did it to harden them, to be cannon-proof,) he draws them all up in battle, upon the side of a little hill that looks towards the town, from whence he was not able to do them the least harm in the world without great ordnance, but was sure to receive it ; for he exposed them all, both horse and foot, to the mercy of the cannon, so that if they (Montrose and Marischal) had been well-stored of good cannon, they had broken and defeated them all, with the devouring fury of the cannon only, without the force of men or arms. But it was their good fortune, as God would have it, the enemy had but two cartowes, and, through want of skill in their cannoneer, some balls went over them a great way, some fell short, and but one lighted amongst them, whereby some were hurt, and some slain, but not many. When he had given the enemy this advantage, and the day was near spent to no other purpose, the Highlanders, of whom there was more than a thousand, seeing the leader expose them wittingly and willingly to the danger, and that in such a posture as their own valour and courage served them to no use, without possibility to revenge the injuries of their enemies, but there must they stand as sheep brought forth to the slaughter, or as a mark to shoot at, they began first to mutiny and desire liberty to depart. This motion pleased him (Gun) well, being only that he sought for, to have those forces weakened, being ashamed to have the charge of an army from which great matters might be hoped for, since he in- RAID OF STONEHAVEN. 285 tended nothing less than the advancement of the King's cause. Whereupon this discontentment of the High- landers, he takes occasion to persuade my Lord of Aboyne to dissolve all the foot, and with a camp vo- lant of horsemen he promises to do great matters, and for that end advises him to return to Aberdeen. The young and inexperienced nobleman believes him yet to be so real, that without the advice of the council of war, he licensed all the foot to depart home, and with the horse returns to Aberdeen. And now Gun, having acted the first essay of his treachery, he could not hope but that the enemy, seeing so fair an advantage offered, would be sure to take the occasion, as indeed they did." The account in James Gordon's manuscript is sub- stantially the same, though it varies in some particulars. He says, that after a little skirmishing, in which Aboyne's cavalry were driven back, Montrose sent a few cannon bullets among Aboyne's brigades, which so alarmed the Highlanders that they wheeled about and fled in con- fusion, nor ever looked behind them, (although Aboyne himself made every exertion to rally the fugitives) until they reached a morass about half a mile distant.* This * The Highlanders, it seems, were totally unprepared tor the extra- ordinary effect of a " dear Sandy's stoup." They had another name for it, no less expressive, as we learn from Baillie; who thus shortly no- tices the above events, in his correspondence with Spang. " So soon as Montrose had turned homewards to the Mcarns, at once Aboyne and Banff, with Colonel Gun, and some other officers, gathered great forces. Aberdeen joined heartily to the party. They spoiled Marischal's lands, and all our friends there. They bad devoured Dundee and all Angus in the throat of their hope. But at once Montrose and Mnrischal, most valorous and happy noblemen, gave them some other matter to do, though much inferior in number. They came to seek them (Montrose and Marischal.) Some great ordnance we had which moved our part] to hold off, when they were coming on hoping to have clean defeat us; for their Highlanders avowed they could not abide (In musket's mother, 8.1x6 so fled in troops at the first volley." 286 MONTROSE AND THE COVENANTERS. example, and the indignation felt by the troops at the manner in which they were exposed by Gun, caused the whole of the royal infantry to mutiny and march back to Aberdeen. But a party of horse remained firm, (though played upon by Montrose's two formidable cannon), and masked the retreat, so that Montrose was not aware of the falling away of the forces opposed to him. In the meanwhile Aboyne dispatched two of his officers to Aberdeen, who ordered drums to be beat through the town, summoning these deserters instantly to return to their standard under the pains of treason. No sooner, however, was this proclamation issued, than Aboyne himself entered the town, on Saturday night, having been left with scarcely troops sufficient to guard his person. On the morning of the 15th of June, the royal lieutenant was at the head of four thousand foot and horse, " as gallant and resolute and well-appointed men," says James Gordon, " as were to be found in Scotland ;" and this in the face of an enemy not above eight hundred strong. On the morning of the 16th, he was back in Aberdeen with no more than six hundred horse, composed of the gallant Gordons, who still rallied round him, intreating him. however, as he valued the royal cause, to have nothing more to do with traitor Gun. No one seems to have imputed this disaster, (which acquired the name of the Raid of Stonehaven,) to the misconduct of Aboyne, but such was the disgust at his military adviser, that the royal standard could not now command a single foot regiment. Yet, neither could the young Viscount be persuaded that the distinguished veteran whom theMarquis of Hamilton had desired him to rely upon, and who, like his patron, was full of stories of the immortal Gustavus, intended treachery, or deserved to be ignominiously dismissed saAboyne was entreated to do. MONTROSE MARCHES UPON ABERDEEN. 287 Montrose, with the prompt energy to which he owed his future successes, instantly determined to march once more upon Aberdeen, and when within six miles of that devoted town, an advanced party of his cavalry encountered an equal number of the Gordons, whom Aboyne had dispatched to watch the motions of the Covenanters. Being only seven on each side, there was something knightly and romantic in this encounter, in which the Gordons were victors, for after several wounds sriven and received, Montrose's seven horsemen were defeated, and the laird of Powrie Fotheringhame made prisoner by Gordon of Fechill, and Ogilvy of Powrie, younger, wounded and taken by Nathaniel Gordon, best and bravest of loyalists, the future com- panion, and fellow martyr, of Montrose. Aboyne's par- ty was led upon this occasion by the gallant Colonel Johnston, who was most anxious to have returned to the charge with the whole chivalry of the Gordons, which he promised would utterly rout the combined forces of Montrose and Marischal. The result of his spirited councils, and of his obstinate defence of the bridge of Dee, all rendered abortive by traitor Gun, we cannot do better than present to our readers in the precise words of the manuscript accounts left by Patrick and James Gordon. " Then arose," says Patrick Gordon, " a new occasion of jealousy towards Gun ; for my Lord (Aboyne) had commanded Johnston to take some horsemen with him, and go forth to view the enemy, which he did very exactly, and, when he returned, assures my Lord that if he would give him out an hundred horse, and fifty commanded musketeers, he Mas sure to give them such a commissado as should bring them all to confusion, and if he were well seconded with the rest of the horsemen, 288 MONTROSE AND THE COVENANTERS. it might haply gain them an entire victory ; yea, if the worst should come, which could not come except the heavenly providence had decreed it, he was sure by God's grace to make a safe retreat,— for at that time they lay at the Cassie-nsunth, careless and at random, — that they could never have a fitter and fairer occasion. And truly this was not be imputed to their leader Montrose, who was both valiant and vigilant, and ever in action, and had given out his orders very carefully ; but they, for the most part, having never had experi- ence of martial stratagems, and the under-officers being- assured that Aboyne's forces were dissolved, kept neither watch nor ward according to their orders. The Vis- count was very willing to satisfy Johnston according to his demands, yet would not seem to slight Gun so much as not to have his approbation to it. Wherefore, he went himself to his lodging, whom he found already in bed, as one that little cared how the business went, to whom he imparted Johnston's offer, but found him so averse from any such enterprize, that he avowed, if they would not be ruled by him, nor follow his advices, he would quit his charge, and return to his Majesty, leaving them to bear their own burden and blame. This young and hopeful Viscount, being yet under twenty, and this being the harvest or first fruits whereby he was to give a proof of his love and loyalty to his Ma- jesty's service, would not directly oppose a man of such known experience, to the no small grief of many that were there." We shall now follow the manuscript of James Gor- don, which is fuller than Cluny's in the account of Mon- trose's forcing the passage of the Dee. " The party that went out upon Monday at night, brought back word to Aberdeen, that Montrose was BATTLE OF THE BRIDGE OF DEE. 289 marching close at their (heels. Whereupon, a little before sun rising, June 18th, drums beat, trumpets sound to horse, and the Aberdeensmen were com- manded to arm. Such Strathbogy foot, as had not dis- banded with the rest, were ordered to march instantly towards the bridge of Dee, two miles distant south- west from Aberdeen, to make good the pass of the bridge till the rest should come up. These failed not to do as they were commanded, casting turfs and earth, as much as the shortness of the time would permit, behind the gate of the bridge which stands upon the south end thereof. This was to some purpose, for Aboyne had not numbers to fight Montrose, and besides that, the rains had swelled the river Dee so that it could not be crossed by horses. Immediately after followed such horsemen as Aboyne had, who came upon the spur to the bridge of Dee, but they were no sooner come there than they could espy Montrose's forces upon the high ground beyond the bridge, at a quarter mile of distance ; who seeing Aboyne's party possessed of the bridge, made a stand, and fired their two pieces of half cannon upon Aboyne's cavalry, which fell short of the foremost rank. They had got close to the bridge, out of curiosity to get a fuller sight of the enemy, therefore they were commanded to retire to safer ground. Their retreat gave the enemy a fuller view of them, who thereupon discharged at them about sixteen shot of field-pieces, besides their two half can- non, but without any hurt done. By this time the Aberdeen companies, about four colours, were come up to the bridge, and the horsemen drew under cover. Before ever they could approach, Montrose caused dis- charge some cannon shot amongst them, but without effect, and how soon their commanded party took up VOL. I. T 290 MONTROSE AND THE COVENANTERS. their post upon the long bridge of seven arches, the Covenanters began to discharge their battering pieces against the ravelins of the bridge, and to fall on with parties of commanded musketeers. The Aberdeensmen stood to it gallantly, and all that day continued giving fire, Johnston, their townsman, still assisting and en- couraging them, nor lost they any man that day, save one John Forbes, a burgess of Aberdeen. And now their women and servants were become so courage- ous, that after two or three hours service they, misre- garding cannon and musket shot, went and came to the bridge with provisions and necessaries for their friends and relations who were upon service. In the afternoon, the companies of Dundee, emulous of the Aberdeen citizens, desired to be letten (allowed to) storm the bridge, which Montrose readily yielded to. Two com- panies fell on under the command of one Captain Bonar, but they found so hot a welcome from the Aberdeens- men that they made a quick retreat, which was seconded with whooping and hollowing of such as were looking on, who mocked their poor bravado. The service con- tinued till the night came, both sides being weary rather than it falling dark, for there is no sky-set then in the north of Scotland. So both sides intermitted till the morning of the next day, June 19th, and there in the forenoon they began afresh Montrose, who thought such a delay little better than to be beaten, caused draw his two half cannon within nearer distance to the bridge in the night time, and by help of the coming daylight, did cause level them against the port of the bridge of Dee, both to break the gates of the port, and scour the bridge all along ; for the day before, most of the cannon shot were made against one of the corners of the port, which looked to the south-west, whereby one of the battle of the bridge of dee. 291 small watch turrets upon the sides of the port, was much shattered in the top of it, being all hewn stone, as all that bridge is, one of the gallantest in Scotland, if not the stateliest itself. " But the defendants could not thus be driven to leave it, albeit the cannon shot had broken the gates of the port, and scoured the way of the bridge all along. Aboyne's horsemen likewise drew near to second the foot, which Montrose espying, made a feint with a part of his horsemen, causing them ride upwards along the side of the river, as if they meant to have crossed it near Banchory. Colonel Gun, who could espy no oc- casion before to draw off the horsemen, cries, ' march up the river's side, and stop Montrose's crossing.' It was told him there was no danger, the fords having been lately tried and found impassable. But no assurance could serve his turn who would not believe that which he knew to be true. Therefore, forwards up the river he goes, and now his horsemen being in full view of the enemy's cannon, and a near distance, the Covenant- ers began again to let fly some shot at them. It was with one of these that a gallant gentleman, John Seton of Pitmedden, was shot dead, most part of his body above the saddle being carried away and quashed. This following upon Gun's wilful retreat, discouraged the cavalry a little, who began to speak out that Colonel Gun was betraying them. This misfortune was follow- ed by another. Montrose's party grew still more and more impatient. Lieutenant-Colonel John Middleton, afterwards better known, cried out that their cannon would make them all arrant poltroons, since all their confidence was in their cannon-shot at a distance. Yet nobody durst set on, being somewhat discouraged by the slaughter of one Captain Andrew Ramsay, brother £92 MONTROSE AND THE COVENANTERS. to the Laird of Balmain, a gentleman of Montrose's party, whom one John Gordon of Inch-stomack, a Strathbogie man, had killed the day before with a mark- ed shot, out of indignation that they had killed John Forbes, a burgess of Aberdeen. For this cause, Mid- dleton resolved to storm himself ; but, whilst he was making ready, a part of one of the turrets of the bridge, hard by the port, being struck down by a cannon shot, overthrew Johnston, who stood all the while where the greatest danger was, and being half buried in the ruins, it so quashed one of his legs to pieces, that he could no longer stand. Johnston was instantly carried off ; but his departure discouraged the defendants so that short- ly after, and before the enemy pursued, their Captain being lost, and the horse retired they could not tell whither, they forsook the bridge of their own accord, and left it empty, every one taking a sundry way. " The news of Johnston's hurt being brought to Colonel Gun, who was but ridden up the river side a little, his next order that he gave was this — ' Gentle- men,' says he, ' make you for the town, Lieutenant- Colonel Johnston is killed, and the bridge is won ;' but his words got slender obedience. Therefore Aboyne, and the rest with him, rode off for Strathbogie, leaving Aberdeen to shift for itself. Whilst they were thinking of a retreat, William Gordon of Arradoule, a resolute gentleman, desired Colonel Gun to stand and wait upon the Covenanters' fore-party crossing the bridge, and showed that as yet they had the advantage. He told him it was not the fashion of Huntly's family to leave the field without fighting the enemy ; but there was no hearing, for it was Gun's fashion always to cry out that, if they would not obey his orders, he would lay down his charge and complain to the King. This re- BATTLE OF THE BRIDGE OF DEE. 29'i fusal of his to charge was so ill taken, that the company began to tell Aboyne that Gun had betrayed him, and Arradoul, in a great chafe, told him to his face that he was a villain, and an arrant traitor, all which Colonel Gun swallowed quietly. Half-an-hour after the foot had left the bridge, the Covenanters' fore-party entered the port, and marched alongst it, keeping their journey towards Aberdeen, for it was late in the afternoon, without offering to pursue any of Aboyne's party, who had got time to retire." * Thus was Aberdeen once more in the power of the yet covenanting Montrose. In the next chapter we will have occasion to advert to an assertion of Robert Baillie's, that Montrose, because he had not been ap- pointed in place of Leslie to the command of the cove- nanting army at the borders, was doing his utmost at this very time to ruin the Covenanters, and would ac- tually have placed the whole of the north in the hands of the King, upon the present occasion, had he not been prevented by the " honesty and courage" of Marischal. Such was Baillie's theory of Montrose's motives and actions, when the spleen of the reverend partisan had been stirred by the subsequent career of our hero. Yet, at the time, Baillie expresses the highest admiration of Montrose, and condemns nothing but his lenity — "At once Montrose and Marischal, most valorous and happy noblemen, gave them some other matter to do." " Montrose and Marischal, knowing the danger, not only to their country, but the whole cause, if they should either retire or stand, resolved to go and light." " At last, with some slaughter on both sides, we won the * James Gordon's MS. Patrick Gordon's manuscript is equally severe upon Colonel Gun. %9i MONTROSE AND THE COVENANTERS. bridge ; — we put our enemy to rout — goes forward that same night to Aberdeen, lodges without in the fields, being resolved to-morrow to have sacked it orderly, that hereafter that town should have done our nation no more cumber" But this thirsting for the utter destruction of Aberdeen had no place in the mind of Montrose. It was the natural impulse of an excited and desultory army, and the unnatural, though characteristic longing of a clergyman of the Covenant. " But," he adds, in- consistently and wildly, " as it pleased God to keep us from all marks of the least alleged cruelty from the first taking up of our arms, so there the preventing mercies of God did kythe* in a special manner ; for that same night, by sea, the King's letters of pacification were brought to the town, which to-morrow early, being presented to our nobles, made them glad they had got that blessed cord to hind up their soldiers'' hands from doing of mischief whereto that wicked town's just deservings had made them very bent ; for all our spar- ing, yet that country's malicious disloyalty seems not to be remeided."f If the " sweet, meek, humble spirit " of Baillie had commanded this army, instead of Montrose, what would have been the fate of Aberdeen and the north ? It was the generous disposition of a nobleman upon whom covenanting writers, even in our own times, heap every epithet applicable to a blood-thirsty disposition, that now again saved the north, not, indeed, from all the misery and excesses of such intestine commotions, but from the deliberate devastation which, sanctioned by express commission from the Tables, and hallowed by the ardent desire of the covenanting clergy, he was now * t. e. was manifested. f Baillie's letter to Spang, dated September 28, 1639. MONTROSE SAVES ABERDEEN. 295 expected to perpetrate. From Baillie's own excited re- cord it is not difficult to gather thus much. But in the manuscript of James Gordon we find the facts more ex- plicitly stated. " The Earl Marischal, and Lord Muchalls, (Burnet of Leys) pressed Montrose to burn the town, and urged him with the Committee's warrant for that effect. He answered, that it was best to advise a night upon it, since Aberdeen was the London of the north, and the want of it would prejudice themselves. It was taken to consideration for that night, and next day the Earl Marischal and Lord Muchalls came protesting he would spare it. He answered he was desirous so to do, but durst not, except they would be his warrant. Where- upon they drew up a paper, signed with both their hands, declaring that they had hindered it, and pro- mising to interpose with the Committee of Estates for him. Yet the next year, when he was made prisoner and accused, this was objected to Montrose, that he had not burned Aberdeen, as he had orders front the Com- mittee of Estates. Then he produced Marischal and Muchalls' paper, which hardly satisfied the exasperated Committee." Bishop Guthrie records that Montrose disbanded his forces in Angus, and retired to his own house, expect- ing that Leslie and his council would have sent for him to come and take command of his regiment, and that, as they neglected to do so, he remained at Old Montrose until the return of the army. This account, however, appears to be inaccurate, for, as Baillie himself was with the covenanting army, it may be presumed that he could not be mistaken in what he writes to Spang up- on the occasion, namely, that " Montrose and Marischal did post to Dunse to have their part of the joy, as well 29() MONTROSE AND THE COVENANTERS they did deserve, in the common peace, where they were made most welcome both to their comrades and to their King."* * Aboyne took ship to Berwick on the 26th of June, but had nearly been killed by the " rascal multitude," in his coach in Edinburgh. James Gordon's MS. The particulars are thus given by Baillie in his letter to Spang, September 28, 1G39 : " The people of Edinburgh, being provoked by the insolent and triumphant behaviour of that unhappy spark, Aboyne, who yet reeking from our blood in the north, would rat- tle in his open coach through their causey, made an onset upon him, and well near had done him violence." So Baillie, who condemned Mon- trose for not having given up Aberdeen to fire and sword, speaks of the conquered Aboyne as one " reeking from our blood in the north," and justifies the attempt upon his life by what he calls the provocation of Aboyne's travelling in his own carriage through the streets of Edin- burgh, ten dat/s after the pacification had been signed at Berwick ! This was the time when the treasurer, Traquair, was also nearly mur- dered. This breach of the pacification appears to have been the result of some plan, " that in a private way some course may be taken for their terror and disgrace, if they offer to show themselves publicly." — Letter to Wariston. Gun went to Berwick at the same time as Aboyne, but we hear of no assault upon him. " But shortly afterwards Johnston coming to court, his leg being cured, accused him as a traitor, and challenged him to single combat. But Hamilton conveyed Gun away to Holland, who, the while that he staid at court, traduced Huntly's followers as boldly as they confidently accused him, so that hardly knew the King whom to believe amongst them." — James Gordon's MS. FRESH IMPULSE TO THE MOVEMENT. 297 CHAPTER IX. HOW MONTROSE TURNED FROM THE COVENANTERS, AND TRIED TO SAVE THE KING. The incident to which historians have generally re- ferred the departure of Montrose from the path of re- bellion, is, as Malcolm Laing expresses it, " the return- ing favour of his Sovereign at Berwick," — a vague and ill-informed assertion, that has been generally, though much too hastily, admitted. Let us consider the cir- cumstances under which Montrose then met the King. Had the revolt of Scotland ended with the treaty of Berwick, amply sufficient as the concessions upon that occasion were for the " Religion and Liberties" of Scot- land, the real objects of the faction would yet have been unfulfilled. Their unchristian enmity against the Bishops, their irrational and sweeping projects against Episcopacy, were all unsatisfied. Besides, some of the leaders of this party appeared to be as far as ever from the wealth, power,and aristocratic distinctions, the desire of which was the main-spring of their democratic agitation. The Movement, therefore, must proceed, or the Covenant itself had failed to yield the fruits its in- ventors anticipated. It is an instructive fact, that their chronicler perceived, at the very outset, and before the Covenant was signed, that he was embarked with a party who could not stop short of rebellion and anarchy. " If God," he says, " be pleased to bring upon us the year of our visitation, the Devil could never have in- 298 MONTROSE AND THE COVENANTERS. vented so pregnant a means, and ruin this while, one and all, from the prince to the ploughman. For will the prince, at the clergy's desire, go on in violence to press their course, the mischiefs are present, horrible, in a clap, — will he relent,- and give way to our suppli- cations, the danger is not yet passed, — we wot not where to stand, — when the book of canons and service are burnt and away, when the high commission is down, when the articles of Perth are made free, when the Bishops' authority is hemmed in with never so many laws, this makes us not secure from their future danger. So, whatever the Prince grants, I fear we press more than he can grant, and when we are fully satisfied, it is likely England will begin where we have left off." In these sentences how accurately has Baillie epitomized the history of his party. The career of the Covenant was a succession of increasing demands, urged upon the principle, that the moment the pressure was removed, the recoil might be fatal to some of the faction ; till at length the Covenanters considered it essential, not to the happiness and respectability of the country, but to their own existence and individual safety, that England should begin where they, however, did not leave off. But Montrose^ though hitherto he had aided the Movement with thoughtless ardour, was not, as we have elsewhere observed, one of the faction. He had been " brought in" as a great prize, but never amalgamated with the Rothes' clique, and when in highest favour with the " Prime Covenanters," was always considered by them apart from the initiated, and simply as a " noble and true-hearted cavalier," — " that noble valiant youth," — " that generous and noble youth," whose " discretion was but too great in sparing the enemies' houses." It was impossible that such a character, at- FRESH IMPULSE TO THE MOVEMENT. 299 tached so loosely to the faction, should not have been awakened into loyal feelings by the conduct of the Covenanters, after the King's concessions at the treaty of Berwick. Another of those disgraceful riots in which " the devout wives who at first put life in the cause," were so conspicuous, and which unquestionably were secretly instigated by the principal agents of the faction, again occurred in Edinburgh upon the 2d of July 1639, when the Lord Treasurer Traquair was so brutally assaulted. Bishop Guthrie declares that there were few who doubted that this breach of the pacification " had private allowance," but that Lord Loudon was dis- patched on the 4th to the King at Berwick, to excuse it, and returned with an order from his Majesty re- quiring fourteen of the covenanting leaders to attend him at his court there, in order to arrange his progress to Scotland, where he meant to hold an Assemblv and Parliament in person. Only three of the noblemen obeyed this summons, namely, Montrose, Rothes, and Lothian, and his Majesty was so disgusted by the in- sulting excuses sent by the rest, as to return to London on the 29th, and forego his intention of trusting him- self in the hands of this faithless and unprincipled faction. * Dr Cook, in his History of the Church, has adopted, without sufficient examination, the popular theory of Montrose's loyalty. Speaking of the occasion, when Montrose was one of the three noblemen who dared to * Guthrie is confirmed in this statement by the King himself, who says, "one of the greatest discouragements we had from going thither was the refusal of such Lords, and others of thai nation whom we sent for, to come to us to Berwick, by which disobedience they manifestly discovered their distrust of us; and it cannol be thought reasonable that we should trust our person with 1 1 1 < <> e- thai distrusted us after SO many arguments and assurances of our goodness towards them."— Declara- tion, 1640. 300 MONTROSE AND THE COVENANTERS. trust themselves with the King, he remarks, " but what renders this conference peculiarly memorable is the impression which was made upon Montrose ; hitherto he had been zealous for the Covenant, but he now changed, and resolved to employ his talents for promot- ing the royal cause; the other two remained firm to their party." This, apparently, is recorded in no complimen- tary sense, and the contrast with his companions would seem to be unfavourable for Montrose, although there is no fact brought out inconsistent with his complete justifi- cation. If, however, by the impression alleged, no more is to be understood than some reaction in the generous mind of Montrose, occasioned by a gracious reception from the King, which he had never experienced before, or an explanation of the King's intentions with regard to Scotland, as to which Montrose had been deceived, his keenest eulogist might leave that accusation unrefuted. But that Montrose should have been suddenly gained over, and have " now changed," merely in consequence of some contingency that touched his avarice or ambi- tion, (for it is certain that no immediate reward was held out, as when Rothes fell,) is, under all the circum- stances, any thing but a probable theory. He appears indeed to have been proof against the mere prospect of admission to Court, or the first signal of his " Sove- reign's returning favour," as we learn from Mr Archi- bald Johnston himself, from whom we accept the anecdote as he gives it. That distinguished Covenan- ter is strenuously endeavouring, in a long and charac- teristic epistle, dated 2d January 1639, a few months before this conference at Berwick, to seduce Lord John- ston, and persuade him not to go to Court ; when he uses the argument, — " rather do nobly, as my Lord of Montrose has done, who having received a letter from INTERVIEW WITH THE KING. 3 01 the King himself to go up with diligence to his Court, convened some of the nobility, shewed unto them both his particular affairs, and the King's command, and that according tohis covenant of following the com- mon resolution, and eschewing all appearances of di- visive motion, nobly has resolved to follow their counsel, and has gone home to his own house, and will not go to Court at all." It would, however, be a poor defence for Montrose to maintain that he was unmoved by the interview at Berwick with Charles, whose kingly pre- sence and noble aspect were never so imposing as when he was beset by difficulties and danger. The monarch may indeed have particularly desired to reclaim Mon- trose. Struck by his stately and heroic bearing, con- trasted with the irreverent levity of Rothes, and the repulsive democracy of Archibald Johnston, and, per- haps, favourably impressed by the humane forbearance which, contrary to the wish of the covenanting clergy, had characterized Montrose even in rebellion, it is not unlikely that Charles, in the words of his favourite poet, may have inwardly exclaimed at the sight of him, O, for a falconer's voice To lure this tassel-gentle back again ! and the accomplished King, who fascinated Presby- terianism itself,* had indeed a falconer's voice for such a " tassel-gentle." We believe, then, that Montrose * Baillie, says, referring to this conference at Berwick, "the King was much delighted with Henderson's discourses, but not so with .John- ston's; much and most tiro communing there was of tin- highest mat- ters of state. It is likely his Majesty's ears had never been tickled with such discourses, yet he was most />< speech, letters, signs, or any other way, under the pain to be punished as a traitor.' 1 In fact, his Majesty was considered the enemy, and a loyal correspondence with the Sovereign, apart from the faction, was treason by their code. But when Montrose boldly justified the act, it was impossible to gainsay him. For these same articles of war, true to the system of the Covenanters, who never struck a rebellious blow without first pro- claiming God save the King, contained this provision ; "If any man shall open his mouth against the King's Ma- jesty's person, or authority, or shall presume to touch his sacred person, he shall be punished as a traitor !" So the matter ended for the time. But the Earl of Argyle was not to be out-manoeuvred by such a character as Montrose. The private bond, which the latter no doubt flattered himself would be the means of saving the country, was also speedily dis- covered, and brought before the Committee at Edin- burgh by Argyle himself. One of the peers who signed it was young Lord Boyd, Montrose's " ally," and the son-in-law of the Earl of Wigton. Lord Boyd died about the 24th year of his age (according to Sir James Balfour in consequence of a " burning fever,") on the 19th November 1640. Shortly before his death he had uttered some expressions which made known that such a bond existed. Argyle, with characteristic sagacity, discovered the whole secret. He paid a visit at Cal- lendar, (where Lord Amond had arrived for a time from his command at Newcastle,) nor did he depart without obtaining all the information of which he was in quest. He laid the matter before his subservient Committee at Edinburgh, who immediately summoned Montrose, then in Scotland, and the rest of the noblemen impli- cated, and within their reach, to appear and answer to this new r accusation of treason against the faction of 324 MONTROSE AND THE COVENANTERS. Rothes, and the government of Argyle. Montrose upon this occasion acted with the same cool intrepidity which he invariably displayed when placed in a danger- ous position with the party anxious to destroy him, and not scrupulous as to the means. He avowed and justi- fied the act. Spalding says, " Montrose produced the bond." Bishop Guthrie's account is, that " they ac- knowledged the bond, and gave their reasons why they had joined in it, all which were rejected by the Com- mittee, and they declared censurable ; and indeed some of the ministers, and other fiery spirits, pressed that their lives might go for it ; but Argyle and his Com- mittee considered that they were too strong a party to middle with that way, especially seeing divers of them, having the commands of regiments in the army, and therefore they consulted to pack up the business, upon a declaration under their hands that they intended no- thing against the public, together with a surrendering of the bond, which the Committee having gotten caused it to be burnt." If the terms of this bond had been at all discreditable to Montrose, or had it contained any intemperate expressions against " the cause," it would have been printed in the shape of a pamphlet, and circu- lated as a means of agitation against him. But their po- licy was to exasperate the public mind by vague and cloudy rumours, to the effect that this was a diabolical plot against the liberties of the country, and against those sacred and loyal principles which the Covenant had promulgated. The covenanting clergy were particu- larly incensed at the idea of a new Covenant of which they were not the agitators, and Guthrie's statement, that these " fiery spirits pressed that their lives might go for it," is well corroborated by the expressions of Baillie, who calls this conservative attempt, which even Montrose's conservative bond. 325 the lawless arm of a tyrannical Committee could not reach, " Montrose's damnable band, by which he thought to have sold us to the enemy.'''' I am not aware that a copy of this bond was hitherto known to exist. It is frequently alluded to in history, but the terms of it are no where quoted. Among the manuscripts of Sir James Balfour, however, I have been so fortunate as to discover a transcript, both of the bond, and of the subsequent de- claration mentioned by Guthrie. These shall now be laid before the reader, that he may judge how far the violent expressions of the reverend Covenanter were justified. " The copy of the bond subscribed by Montrose and the rest of these noblemen. " Whereas we under-subscribers, out of our duty to Religion, King, and Country, were forced to join our- selves in a Covenant for the maintenance and defence of eithers, and every one of other in that behalf. Now finding how that, by the particular and indirect prac- tising of a few, the country, and cause now depending, does so much suffer, do heartily, hereby, bind and oblige ourselves, out of our duty to all these respects above mentioned, but chiefly and namely that Covenant al- ready signed, to wed and study all public ends which may tend to the safety both of Religion, Laws, and Liberties, of this poor kingdom ; and, as we are to make an account before that Great Judge at the last day, that we shall contribute one with another, in a unanimous and joint way, in whatsomever may concern the public, or this cause, to the hazard of our lives, fortunes and estates, neither of us doing, consulting, nor condescend- ing in any point, without the consent and approbation ^2(j MONTROSE AND THE COVENANTERS. of the whole, in so far as they can be conveniently had, and time may allow. And likeas we swear and pro- test by the same oath, that, in so far as may consist with the good and weal of the public, every one of us shall join and adhere to others, [each other] and their interests, against all persons and causes whatso- ever, so what shall be done to one, with reservation foresaid, shall be equally resented and taken as done to the whole number. In witness hereof, &c." " The subscribers of the principal bond, and in this order. Marschell, Montrose, Wigton, Kinghorn, Home, Athol, Mar, Perth, Boyd, Galloway, Stormont, Seaforth, Erskine, Kircubrycht, Amond, Drummond, Johnston, Lour, D. Carnegy Master of Lour," * * " The copy of the declaration subscribed by Montrose and the rest of the noblemen that subscribed the bond." " We under-subscribers conceiving that there was some indirect prac- tising against the public, which induced us to enter in a particular bond among ourselves, conceived by us not to be prejudicial to the Covenant ; and because the adversaries of the common cause did hereby build their hopes, that we thereby intended a division, which was and is contrary to our minds and intentions, and also that the committee thought it in- cumbent to them to interpose themselves in the seeming breach, as well to stop the mouths of our common enemies, as to remove all other mis- takings and apparent divisions, therefore we, to free ourselves of all such suspicions, and to testify our sincere affection to the public, declare that what was done by us, in subscribing that bond, was done out of no evil or divisive intentions, or against our national oath; and that the bond should breed no offence to any person to the prejudice of the pub- lic, we have delivered the same, to be disposed upon as may best tend to the public behoof; and that no jealousies, mistakings, or heart-burnings be entertained by us hereafter, but that all and every one of us, joined in the national Covenant, may, according as we are obliged, be knit to- gether as one man, to the maintenance of religion, king, and country, shall eschew all occasions which may give cause of offence to the public. Likeas we are not accessory to any other bonds besides this, according as we have already declared. Subscribed at Edinburgh, 28th of January 1 64 1 . " The subscribers of this declaration are these : Mar, Montrose, Wig- ton, Kinghorn, Home, Galloway, Seafort, Erskine, Kilcubright, Drum- mond, Johnston, Lour."— Denmiln MSS. 13. Advocates' Library. montrose's conservative bond. 327 Of the Earl of Mar, Baillie, writing in the year that intervened betwixt that of the Covenant and the date of this bond, observes, " Stirling was in the hand of our sure friend the Earl of Mar, so we touched it not," and surely this chronicler must have blushed to look back upon the drivelling fanaticism quoted below,*" when he found Lord Erskine's name too at the " damnable band." The fact is, that there was neither unanimity nor sanity of constitutional or Christian feeling in the original co- venanting fervour, and those who signed this new bond had a better right to call themselves pure Covenanters, than those by whom it was execrated. For the Cove- nant itself breathed the very essence of loyalty, and, had Montrose acquired the power under a loyal bond of his own, and wielded that power in support of the King's authority against a democratic faction, he would only have redeemed the Covenant from the abuse of it by a few, and brought it to the purity of its original profes- sions. Had he succeeded in destroying a cabal of fac- tionists, who were working out their own fortunes be- hind the Covenant, his bond could not have been called a " divisive motion," subversive of the Covenant. But he Jailed, and therein consisted his crime, for the Cove- nant had reduced the country to this, that might was the only right. * " While wo were in some piece of perplexity, we were singularly com- forted, that in the very instant of the Marquis's departure (from the As- sembly, 1638,) a very noble youth, of great expectation, my Lord Erskine, craving audience of us, professed with /curs his great grief, that, against the inborn lightqfhis own mind, he had withholden Ids hand from our ( <>- venant, and person from our meetings, besought to pray Christ for him, that his sin might be forgiven him, and entreated humbly we would now admit him to our Covenant and Society. We all embraced him gladly, and admired the timeousness of God's comforts uinl men ies towards us." — Letters (iiid Journals. 328 MONTROSE AND THE COVENANTERS. After this vain attempt had exploded, Montrose, up- on whom the whole odium fell, returned to the army at Newcastle, and during the tedious negotiations of the treaty, so disgraceful to Scotland and fatal to Charles, he was occasionally passing betwixt the camp and Scotland, until a new crisis brought him again in- to collision with the omnipotent Directory there, whose audacity rose in proportion to the success of their di- plomacy at London, and the luxurious security of their camp at Newcastle. There was, indeed, a hope to which Montrose still clung, namely, that if Charles would come to Scotland, (as he had long intended, though deterred by the riots in Edinburgh,) to hold the Parliament in person, and would stand firmly by his own prerogatives, treason might yet be crushed. But this hope had been somewhat dampt, and we shall find our hero at the same time turning his anxious thoughts abroad, from his lost country, to distant fields of ho- nour and glory. The following anecdote, which we quote from the original manuscript, occurs in a decla- ration made by Colonel Cochrane, of the Covenanting army, in presence of Argyle, Lord Angus, and Lord Amond, sitting as a committee of the Estates of Scot- land, and labouring to extract materials for a charge of leasing-making on which to try Montrose. "At Edinburgh, 29th June 1641, — in presence of the Lord Lieutenant-general (Amond), the Earl of Argyle, and Lord Angus, — Colonel Cochrane being desired to declare in what has past betwixt the Earl of Montrose and him, as well anent the Palsgrave,* as in the other particulars importing or concerning the public. The * The Elector Palatine. COLONEL COCHRANE's DECLARATION. 329 Colonel declared, that when he was last in Holland the Palsgrave sent for the deponer to the Breill, where he, entering in discourse anent his Highness's own affairs, desired the Colonel to represent his condition to the Es- tates of Scotland, and named some of the Scots noble- men whom he knew, and named the Earl of Montrose as one of whom he had much heard, and desired lie might have the opportunity to speak with him. There- after the deponer coming to Newcastle had not occa- sion to speak with the Earl of Montrose for a reason- able time. The first time they met nothing past betwixt them but general discourse. The next time the Earl told he was desirous to follow the wars abroad, and ivished that things were settled at home that he might employ his talents that way. Whereupon the deponer told the Earl of Montrose the desire the Pals- grave had to meet with him, who willed the deponer to write a letter to the Palsgrave, that he might call the Earl of Montrose to court, where they might meet, which accordingly he did, and within a while there- after, the General (Leslie) taxed the deponer for writ- ing that letter in such a private way, whereunto he answered that he did not apprehend any fault in it ; and so it was passed over at that time.* Thereafter he told the Earl of Montrose that the General had questioned him, and, as he apprehended, the letter was intercepted. The Earl of Montrose answered, that if * It was passed over (as Montrose's letter was) because there was nothing to lay hold of. The letter had been intercepted, and this shows the mean arts and jealousy of the party who were trying to < rush Mon- trose. They were terrified (and 6ome had good cause) list Montrose should by any means break through that magic circle which Hamilton, in their favour as well as bis own, had drawn round the King to exclude Montrose, and every other hold and upright adviser. 330 MONTROSE AND THE COVENANTERS. he should write any hereafter, he might do it in covert terms, because lie was a man envied, and all means were fried to cross him. After this time, the Earl of Mon- trose and the deponer coming out of Chester with the General, the Earl entered in a discourse of the private bond which was burnt,* and told to the deponer that he had many reasons and grounds for the doing of it ; one whereof was, that he could prove there were some of the prime leaders of the business in the country guilty of high treason in the highest manner* and that they had entered in motions for deposing the King. Whereunto the deponer answered, that these were dis- courses whereof he desired not to hear, and entreated his Lordship not to enter any further in that purpose, but to leave it, and speak of some other subjects ; which he did ; and had no [further] conference with the Earl of Montrose on the like subject, except one night in his own lodgings in Newcastle, the Earl drew the deponer to aside, and said to him, ' think you not but I can prove what I said to you the other day ;' to the which the deponer answered, ' I desire not to hear or speak of such matters, and therefore craves your Lordship's pardon not to go any further on them ;' and so there left it."f This version of the matter extorted by Argyle, re- presenting his own covenanting Inquisition, and pre- siding in his own case, is probably not the most fa- vourable for Montrose that might have been con- " This corroborates Bishop Guthrie's account of the fate of the bond. f Original deposition, MS. signed, J. Cocheran. — Argyll, Amond. — Ad- vocates' Library. There is another deposition of Colonel Cochran, among the same MSS. dated 22d February 16t2, (when the persecution of Montrose, Lord Napier, Stirling of Keir,and Stewart of Blackhall, was still going on) in which he adheres to the above, and adds, " that the Earl of Argyle was the man whom he (Montrose) named." COVENANTING NOTIONS OF TREASON. [Vol scientiously given. Yet, even as thus extorted, the anec- dote is characteristic of the loyalty of Montrose, and indicates the impression on his mind of treasonable de- signs in the Argyle faction. The accusation was uttered in company, if not within hearing, of Leslie himself, among whose articles of war we find the excessively loyal provision already quoted, and which, it might be supposed, would have prevented an officer of that army from betraying so much alarm, as Colonel Cocheran appears to have done, when Montrose declared that he had detected high treason. But after that clause in favour of the King's authority, and in the same article, follows immediately, — " lie that shall .speak evil of the cause which we defend, or of the kingdom and coun- try in the defence thereof, or shall use any words ten- ding to the dishonour of the Lord General, he shall be punished with death" Now, the manner in which all such clauses, in the Covenanting statutes and articles of war, were practically interpreted, was this: Any one attempting to establish a treasonable purpose on the part of Argyle, or of the few who, with the aid of his power, now monopolized the government of Scot- land, was closely watched, and detected before his proofs could be irresistibly fortified, and that person, be his station or credit in the country what it might, was im- mediately persecuted, to the extent of liberty and life, as an incendiary, or a bander, or a plotter, or an evil speaker against the cause : On the other hand, treason against the King himself might be darkly spoken by the privileged Covenanters with impunity, notwith- standing the profuse loyalty of their declarations ; such language was in them protected from prosecutions, or impeachment, in the manner above stated, the King being in reality considered " the enemy" so long as he 332 MONTROSE AND THE COVENANTERS. retained a remnant of kingly power. It is remarkable that the high-spirited nobility of Scotland should have been so subdued by this system, that, although many of them (witness the signatures to Montrose's bond) were now awake to the dangerous " practisings of a few," Montrose alone was ready to proclaim a traitor, even in the person of the formidable Argyle, when sa- tisfied that he had detected one. All save himself ap- peared to shrink from this bold policy, and thus it happened that he became isolated and devoted amid the storm of the great rebellion, a prey to covenanting hate on the one hand, and, on the other, to the jealousy even of those who were conservatively inclined. How easy it was for one of the faction to evade that article of war which made it death for any one to " open his mouth against the King's Majesty's person or authority," we may illustrate by another anecdote, also gathered from contemporary and unpublished ma- nuscripts. The King's authority had been very openly impugned upon the occasion of discussing the propriety of holding the Parliament of 1640, without his pre- sence, or delegated authority. The most loyal reply which that constitutional objection appears to have met with, from the triumphant party with whom Mon- trose disputed the point, was, that it were better sim- ply to sit without the King, than to proceed to depose him, and name another, though, " Parliaments have judged kings." Such was the language which the Scotch factionists, still affecting the most extreme loyal- ty, were using at their own conventions, whispering abroad in private conversations, and teaching their very apt scholars, the democrats of England. In a secret letter from Archibald Johnston (when managing, in London, the negociations of 1640-1) to COVENANTING NOTIONS OF TREASON. 333 Balmerino, the following sentence occurs : " There is some word here of Sir Thomas Hope's speaking at Newcastle, since our way coming, that the King himself might be cited to the Parliament, as well as the Earl of Strafford ; but Sir Thomas wrote to me what he spoke, and from whom he thinks that calumny comes. Some of us here [the Scotch commis- sioners] strive to shew the King's danger in bring- ing any such things to question, whereby both the re- levancy of such a libel may be quarrelled [disputed,] and his actions called in doubt as the ground there- of."* In other words, this arch traitor is offended at the idea of the King's protecting his crown from treasonable expressions and propositions, and he hints that the at- tempt would only recoil upon himself. Now there is another secret letter, signed A. B., but unquestionably from this same Sir Thomas Hope (the Lord Advocate's second son, who commanded the " College of Justice Troop,") to Archibald Johnston, and dated from Edin- burgh, 7th June 1641, wherein is the following post- script, clearly referring to the incident mentioned in the former letter. " Walter Stewart has craved a par- don for the wrong he did me, and has set down the words, which past betwixt us, under his hand, whereof I have sent the authentic copy to my brother, which ye may have from him, if ye desire to see it."f Among the voluminous collection of manuscripts in the Advo- cates' Library, I have also discovered the original re- • The rest of this letter, which is dated 20th April, will be found in the next Chapter. What we have quoted had even escaped the research of Lord Hailes, who made some selections from this Covenanter's cor- respondence, preserved in the Advocates' Library. f Neither had Lord Hailes observed this letter, which will he found at the conclusion of next Chapter. 334 M0NTROSI-: AND the covenanters. cantation by Walter Stewart, alluded to in Sir Thomas Hope's letter, and shall here give it verbatim. " 5 June 1641. In presence of the Lord Balmerino and Edward Edgar, Lieutenant-Colonel Stewart was examined. Who, being interrogated what the words were which he did report to the Sheriff of Teviotdale, that Sir Thomas Hope* had spoken anent the Parlia- ment, deponed that the said Sir Thomas and he being- one day with my Lord General [Leslie] in his dining- room at Newcastle,! and falling in discourse anent the Earl of Strafford, the deponer saying that the Earl of Strafford should only be judged by his peers, being so great a man as he was, and not by the whole Parlia- ment, Sir Thomas replied, — that no subject could be so great [but that] the Parliament might judge him ; for, if credit be given to histories, Parliaments have judged Kings. Whereunto the deponer said [that |] he believed he coidd 7iot make that good. To the which Sir Thomas answered, that it might be made good out of histories. The deponer asked, out of what histories ? To the which Sir Thomas replied, that he would not speak of English histories, but Jbr the Scottish it would be found in Buchanan. The de- poner asked, if it was out of his de Jure Regni ? Sir Thomas replied, he spoke of his History. The deponer answered, he was but a modern writer. Sir Thomas replied, that though Buchanan was so himself, yet no * This proves that the letter to Archibald Johnston, signed A. B. was from Sir Thomas Hope. The Sheriff of Teviotdale was Sir William Douglas of Cavers. f This indicates that the Sir Thomas Hope meant, is not the Lord Advocate, but his second son, he who commanded Leslie's body guard of lawyers. J The words in brackets are supplied conjecturally, the manuscript being destroyed in those places. COVENANTING NOTIONS OF TREASON. 335 doubt he had written out of those that wrote before him. The deponer asked, what Kings were they of whom Buchanan wrote that ? To the which Sir Thomas answered, that he did not remember their names for the present, but, to his memory, Kenneth the Second, or Kenneth the Third, was one of them. And so they left discoursing upon that particular. The deponer declares, that none were present at the words speaking but the General alone, and that those were the words, or the like in substance, which the deponer did relate to the Sheriff of Teviotdale, and that he did not speak them out of any ill intention, and declares, that he never heard Sir Thomas speak any other words of this kind at no other time." * Now all this, (perhaps a little more) may have been said very innocently by Sir Thomas Hope, as Walter Stewart in this second version of his story asserts, but any thing as suspicious pointed against the de facto King of Scotland, Argyle, would have met with a more elaborate scrutiny, the object of which would have been to ruin, and not to screen the accuser. This conversation, however, even as given, cannot fail to re- mind us of the debate at the opening of the Scotch Parliament of June 1640, and, by a singular coinci- dence, it occurred at the very crisis when the Kind's authority and person began to be mysteriously spoken * Original MS. Ad. Lib. The deposition, not upon oath, is signed \V. Stewart. — Balmerino, Edward Edgar. Tins was ;i small committee to dispose of such a matter. We shall have occasion to shew after- wards, that Walter Stewart was easilj frightened into giving any tes- timony, and that, at the time when this declaration was elicited to white- wash Sir Thomas Hope, Walter Stewart had just been seized by the faction, and robbed of a letter he was bearing from the King to Mon- trose. 336 MONTROSE AND THE COVENANTERS. against, by the democratic faction in England. We have the fact on no less authority than Clarendon's personal experience. He tell us, in his life, that " when Mr Hyde (meaning himself) sat in the chair in the grand committee of the House for the extirpation of Episcopacy (1641,) all that party made great court to him," — and that at this time he met his intimate repub- lican friend, Harry Martin, " walking between the Parliament House and Westminster in the Church- yard," — when they entered into a political discourse, in which it was the object of the republican to make a convert of his friend. Clarendon defended himself with the arguments of an upright and rational politi- cian, and pressed his friend " to say what he desired, to which, after a little pause, he very roundly an- swered, ' / do not think one man wise enough to govern us all. 1 " Clarendon adds, that this was the first word " he had ever heard any man speak to that purpose," and was greatly shocked at finding such a sentiment abroad, and hearing it from the lips of a gentleman, " possessed of a very great fortune, and having great credit in his country." Are we then to assume that, because Montrose had joined the Covenanters, and supported them for a time with the spirit and ardour natural to his disposition, he could not become conscientiously opposed to them in the progress of the movement ? Are we to hold that nothing was passing around him sufficient to give a re- putable character to what has been so vaguely and viru- lently termed his apostacy, namely, his determination to support the King's authority, and his opposition not to the Covenant, but to the dominant Covenanters ? Montrose's determined opposition to this career of de- mocracy, as soon as he detected its fatal growth in COVENANTING NOTIONS OF TREASON. 337 " the particular practising of a few," was early suspected, and immediately provided against, by the demagogue, Archibald Johnston, who, we shall find, was but too triumphant in his scheme of destroying Montrose's conservative efforts, by bringing him under the lawless tyranny of the Scotch Directory, in 1641, immediately before the King arrived in Scotland. In the following chapter shall be disclosed the pri- vate practising of this Archibald Johnston, which we have it in our power to illustrate by some curious ori- ginal manuscripts not hitherto published. vol. i. 338 MONTROSE AND THE COVENANTERS. CHAPTER XL A VIEW BEHIND THE CURTAIN OF THE COVENANT. Archibald Johnston, — whom Charles I. was com- pelled to honour with knighthood, and a seat on the Scotch Bench, whom Cromwell raised to an English peerage, and whom Charles II. elevated, somewhat higher than a Cromwellian peerage, namely, on a gal- lows at the Cross of Edinburgh, — was the son of a re- spectable merchant of that town. His maternal descent was more distinguished, his mother being Elizabeth or Elspeth Craig, a daughter of the celebrated Sir Thomas Craig of Riccarton. It may be presumed, (though I can find the fact nowhere stated,) that this was the same " Elspa Craig" mentioned by Bishop Guthrie, as one of the matrons with whom his Majesty's advocate was in the habit of meeting secretly, to arrange " the first affront to the book." There is no doubt that Sir Tho- mas Craig's daughter was a keen Covenanter, and it is very probable that her son Archibald, who passed ad- vocate in the memorable year 1633, was an attache of the Lord Advocate's at the commencement of the troubles, as his mother, the godly Elspet, was of that formidable queen of the cause, the old Marchioness of Hamilton. Among Sir James Balfour's manuscripts, preserved in the Advocates' Library, there is an epi- taph which indicates that Archibald Johnston's mother was more universally esteemed, even among Covenan- ters, than himself. ARCHIBALD JOHNSTON. 339 Devil swell thee, Death, And hurst thee, like a tun, That took away good Elspet Craig, And left the knave her son. This worthy appears to have been very soon singled out, from among his learned brethren, as a fitting in- strument of faction, and Baillie distinguishes him as " the only advocate who in this business is trusted." As soon as " the cause'' commenced, he became its clerk, and was e'er long Secretary of State to the Co- venant. The prominent part he acted in framing that magna charta is well known. The following anecdote, from the manuscript of James Gordon, I have not met with elsewhere. " The penner of all the Covenanters' protestations, and their public papers, mostly, was Mr Archibald Johnston, afterwards Lord Wariston, who is likewise said to have been the chief contriver of the frame of the Covenant, and to this purpose did make use of the History of the Civil Wars of France, whence he took his model for these public papers. This was related to me by him who at that time lent him the three volumes of that history, who is a near relation of his." When the " free Assembly" of 1638 was convok- ed, next to the appointment of Alexander Henderson, as their moderator, that of Archibald Johnston, as their clerk, was felt to be equivalent to transferring the whole spirit of the Tables into the Assembly, and a great struggle was made to gain that point. A most characteristic scene, narrated by Baillie, then occurred. The only records of the kirk in possession of the for- mer clerk of the Assembly, and delivered to Johnston upon his election, were two registers containing the acts of Assembly since 1590. The Moderator said, that the loss of such a treasure was pitiful, and earnestly en- 340 MONTROSE AND THE COVENANTERS. treated all to labour in the search for them. His Grace promised to do every thing in his power to recover the lost volumes. Rothes suggested that some of the bishops had stolen them, and should be compelled to disgorge. This scene being exhausted, up rose the new clerk, like one inspired. " After much regretting the irreparable loss of these writs, the new clerk declared, that, by the good providence of God, these books they spake of were come to his hands, which he there produced to all our great joy. Five books in folio," &c. The account in James Gordon's manuscript is, that what Johnston produced were some " imperfect mutilated manuscripts that had been taken or kept by the clerks, or other pri- vate persons." Their authority was anxiously main- tained by the Assembly ; but, although a committee appointed for that purpose gave in nineteen elaborate reasons in support of their authenticity, and, of course, carried, by acclamation, an approval of the same as the true and obligatory records of the kirk in all time com- ing, still the Commissioner, and with good reason, pro- tested against their reception. They certainly came from suspicious hands. * It was a feature of the co- venanting revolution, ever to pretend to be founded, in all its steps however extravagant, upon some ancient constitutional practique alleged to have been infringed. The Revolution of 1638 was called a renewed of the Co- venant, — a pretence which Clarendon so justly charac- * There was much mystery about these registers. Baillie says, that " one Winram, depute to Mr Thomas Nicolson, had left them to one Alexander Blair, his successor in office, from whom Mr Johnston had got them." But James Gordon says, — " it is very uncertain if the regis- ters presented were the principals, or if only copies, — but to this day Sir Archibald Johnston of Wariston would never tell how he got them into his hands." A COVENANTING ANTIQUARY. .'341 terizes as an " imposition," and Dr Cook as " a piece of disingenuity." We will presently find this same mi- raculous clerk of the Covenant threatening to look over old practiques against the Monarchy, if his Majesty continued to be troublesome in taking cognizance of the approaches of democracy. Archibald Johnston appears to have been particularly fortunate in his discovery of ancient records, which he kept secret for his own con- stitutional purposes. Wodrow has left an anecdote in manuscript, relating to the period of Charles's visit to Scotland in 1641, which Ave may here anticipate. He mentions that some person who was employed by Ar- chibald Johnston's son, to put his father's papers in order, discovered a voluminous diary which had been kept by the demagogue, of his own times. " My in- former finds likewise in that diary that after the treaty, [of London in 1640 and 1641,] when the King- came a little into Scotland, there were many con- ferences among the prime of the Covenanters and the King, at all which Waristoun was. The Scots Lords insisted much that the King would allow them the li- berty of choosing the officers of state in the Parliament. The King was very peremptory against it. They pleaded that it had been anciently allowed by the Kings of Scotland, and alleged the records. The King de- nied there was any such thing, and told them he knew in his father's time any thing with relation to these \\ as lost. After their insisting, the King required to see the records. They told him they were yet extant, though not among the records of the nation. After the King had given his oath that he would not call for them out of his hands, some two or three on the King's side, and as many on the other side, all upon oath, were let into the secret, and the King and they went over to S42 MONTROSE AND THE COVENANTERS. Dunfermline, where they were, and discovered by my Lord Waristoun. It seems that King James VI., through the advice of some that were for enslaving the liberty of the subject, and may be to please England, had ordered Hay of Dunfermling, in whose hands then they were, to destroy them. It seems he laid them up in his charter-chest, which was not opened till Waris- toun, upon some civil process, was called to look through his papers, and there found them. The King had them laid before him. It may be supposed that these papers were the plan of many things the covenanting Lords then did, and gave them both courage and light how to act. My informer is in hopes that they are yet to the fore."* The same Assembly that, as an essential preliminary to the Movement, elected Archibald Johnston as their clerk, with a salary of 500 merks yearly, still further testified their sense of his services by appointing him, before they rose, Procurator of the Church, with an additional salary of 1000 merks. He may now be considered their Secretary of State, and, by an Act of * Wodrow's Analecta. MS. Advocates' Library. What with Ar- chibald Johnston being so rich in smuggled antiquities, and Sir Thomas Hope so deeply read in Buchanan, the Covenanters were mighty strong in precedent against the British monarchy. Cromwell reaped the fruits, however, and Johnston was hanged, after having brought that fate on his betters. His diary is not now to be found, and thereby the world has probably lost a disgusting farrago of perverted history, wild fanati- cism, and cant. Dr Russell makes the following shrewd observations upon Johnston's principles, in regard to the sacred obligation of an oath. " In releasing ministers from their oaths, they acted on a very singular hypothesis, explained by their clerk, Johnston of Wariston, (uncle of Bishop Burnet) namely, that the swearer is neither bound to the meaning of the prescriber of the oath, nor to his own meaning when be takes the oath, but to the reality of the things sworn, as it shall be afterwards interpreted by the competent judges. Johnston had surely mistaken his Church ! " — History of the Church in Scotland, p. 170. A COVENANTING PATRIOT. 343 the Parliament of June 1640, be was ordained to attend General Leslie in the camp, to be present on all occa- sions with the war committee, and to superintend what- ever treaties, consultations, or public declarations, might arise. When the treaty at Rippon was removed to London, he was specially added to the number of the Scotch commissioners, for the purpose of watching the interests of the Church. Then it was that his secret correspondence with Balmerino, and a select few of the Committee in Scotland, which we are about to disclose, occurred. It may be necessary, however, in order fully to understand and appreciate some of his allusions, to illustrate, from other sources, his particular objects. To effect the destruction of Strafford and Laud — to root out Episcopacy even in England — to reduce the King's authority to a shadow — to trample on the neck of every statesman who dared to impede the revolution- ary movement, were the avowed objects of the Procu- rator of the Kirk. To be Clerk- Register, as the next step in his own political aggrandizement, was his secret object, and therefore his chief aim was to de- prive the King of his prerogative of choosing his own officers of State. And what a deplorable picture of the inconsistency, avarice, and ruffian democracy of the covenanting faction, presented itself, under these auspices, at the treaty of London ! Among the manu- scripts of the Advocates' Library, there is a volume containing contemporary transcripts of the various ne- gotiations and correspondence connected with this treaty. Among other papers is that of the demands, made by the covenanting commissioners, upon England, in satisfaction of their " brotherly assistance." That thev should have demanded three hundred thousand 344 MONTROSE AND THE COVENANTERS. pounds, and upwards, for their trouble and expence of invading*, and feeding upon, the sister kingdom, was simply characteristic of the Scottish nation. It was going a little further to attack the King's most precious prerogatives, and deny his right to choose his own councillors and judicial functionaries — or the individu- als who should be about the person of himself, the Queen, and the Prince, — nay, the very place of residence in his own dominions for the royal family. But it is scarcely credible that these representatives of the Co- venant, an institution founded upon the plea of repel- ling interference with national establishments, should so soon have had the effrontery to insist upon the total abolition of Episcopacy in England, and the substitu- tion of their own democratic Presbytery instead ! The long, elaborate, and canting essay, in which this demand is made, betrays, at the same time, a ludicrous consciousness of their own inconsistency, as the follow- ing extracts from this curious document will show. * It is entitled, " Our Commissioners' desires concerning unity in religion, and uniformity of church govern- ment as a special mean for preserving of peace in his Majesty's dominions." After a hypocritical preamble, it goes on to say, — " As we account it no less than usurpation and presumption for one kingdom and church, were it never so mighty and glorious, to give laws and rules of reformation to another free and in- dependent church and kingdom, were it never so mean, civil liberty and conscience being so tender and deli- cate, that they cannot endure to be touched" — there- fore they proceed to disclaim ' any such " arrogance and presumption" on their part towards England. * I have not found it quoted elsewhere, or printed among the volu- minous tracts of the period. COVENANTING REFORMERS. 345 Having, as they conceive, saved, by this disclaimer, the principle of their own resistance to the canons and ser- vice-book, they proceed to show cause for, nevertheless, imposing their own Genevean forms upon England : — " Yet charity" they say, " yet charity is no presump- tion,'''' — and, accordingly, they maintain it to be their bounden duty, both as Christians and commissioners, to demand that England should become Presbyterian ! They gravely announce, " we love not to be curious in any other commonwealth, or to play the Bishop in another man's diocese," — and yet they add, " in the paradise of nature, the diversity of flowers and herbs are useful, but in the paradise of the Church, different and contrary religions are unpleasant and hurtful ; it is therefore to be wished that there were one Confes- sion of Faith, one form of Catechism, one Directory for the parts and public worship of God, as prayer, pray- ing, administration of the sacrament, &c. and one form of church government in all the churches of his Ma- jesty's dominions." * To the prolix reasons added in support of this de- mand, England, verging to its ruin, but not yet a prey to the puritanical party, returned the following answer, which the same contemporary transcriber entitles, " The Peers' answer to our Commissioners' demand concern- * Tims, in 1640, completely justifying the principle of Charles's in- terference, in 1636, with the church government of Scotland, and leav- ing the difference betwixt them this: — Charles endeavoured to improve and perfect the system of Episcopacy, which had already, for thirty years, been constitutionally established there. The < lovenanters, — that is to say, certain agitators and factionists who had usurped the functions of government, — maintained it to be their duty to overthrow Episcopacy in England, where it had always been established, and against the sense of the nation to plant Presbytery there, where it had never been admit- ted. 346 MONTROSE AND THE COVENANTERS. ing unity in religion, and uniformity of church govern- ment." " That your proposition, in as much as concerneth a conformity of church government in both kingdoms, is that which were to be wished. But the alterations and innovations of that which is settled by the laws of each kingdom are dangerous. That the government of the Church of England is settled and established by the laws and statutes of the kingdom. That both the Houses of Parliament have now in their consideration all things conducing to the settling and peace of the Church of England, and will do therein that which in their wisdom they shall think fit. That although you may be commanded, by those who sent you, to make this proposition, yet, for ambassadors of any foreign prince, much less for Commissioners, his Majesty's sub- jects, to insist upon any thing that is destructive to the government settled and established by the laws of the kingdom, or to accompany their propositions with dis- courses and arguments in prejudice of the settled go- vernment, is both unusual and unfit. Therefore his Majesty expects, that, according to your many 'profes- sions, and of that which is contained in your own pa- per, you will not intermeddle with the Reformation here in Eno-land, but leave the care thereof to the King- and kingdom. As likewise, that you should not pub- lish nor divulge any discourse by which the subjects of this kingdom should be stirred up against the esta- blished laws of the kingdom, but that you should ac- quiesce with this answer." The inconsistency of the Covenanters was no less conspicuously displayed in their administration of jus- tice towards those whom they were pleased to denounce as enemies of the state, and disturbers of the public COVENANTING JUSTICE. 347 peace. The prosecution of Balmerino in 1634 was one of the strongest roots of the Covenant, and the fac- tion raised a terrible outcry against Charles for the tyranny and injustice, as they termed it, of this criminal process. Yet in the very outset of their career they esta- blished the most powerful engine of their revolt, name* ly, criminal processes, devoid of every shadow of right, and principle of justice, concocted and matured, per fas et nefas, by their own committees, and brought before their own lawless conventions. The pursuit of " In- cendiaries"' quickly succeeded the hue and cry after Bishops, and the very term incendiary was one of the arts of insurgency to prejudge individuals obnoxious to them, but against whom there was in reality no case. All men of any weight in the country, who would not bow to the Covenant, every servant of the King enjoying place, and not of the faction, were liable to be denounced as incendiaries, their persons de- manded in Scotland, to be tried there, by the covenant- ing Parliament, where the secret influence of Argyle was omnipotent, while, at the same time, the King's prerogative of mercy was excluded, and his prerogative of filling up the vacancies occasioned by such disqua- lifications, demanded as the privilege of that same de- mocratical tribunal. Among the many mischievous acts passed in the Parliament of June 1640, there was one, of whose real object we are informed by Sir James Balfour, at that time (though he afterwards saw reason to change his views) a keen Covenanter. " Seventeenth act against leasing-makers, of whatsomever quality, office, place, or dignity ; this act was made purposely to catch Traquair, the Treasurer; Sii John Hay, Clerk-Register ; Sir Robert Spottiswood, President of the Session; Maxwell, Bishop of Ross ; and others who, 348 MONTROSE AND THE COVENANTERS. by r mitring and lying, had done much mischief to the kingdom." These were some of the loaves and fishes the leaders of the Covenant longed for. The ambi- guous Hamilton himself was classed as an incendiary, until his being of the faction in Scotland was more un- equivocally explained to them. But one great object was to protect those who were darkly plotting treason, from impeachment by Montrose. The very endea- vour of that loyal nobleman, to satisfy himself of the treason of Argyle and others, the faction well knew how to turn into a pit for himself, and in that ma- noeuvre we shall find them but too successful. But the quarry whom Archibald Johnston pursued, and with a violence of feeling and expression only to be ac- counted for by the badness of his own heart, was the Earl of Traquair. Independently of his holding the white staff, having been foreman of the jury that con- demned Balmerino, and having occasionally exposed the designs of the " prime Convenanters" to the King, this nobleman appears to have fallen under Johnston's especial displeasure, in consequence of high words that had passed betwixt them, in personal collisions in Eng- land. All these persecutions and animosities, ail his own mistaken policy, and all the rebellion of his Scot- tish subjects, the excellent King was willing to bury under an act of oblivion. The Covenanters pretended to the same desire, but practically they insisted that that act should expressly justify all their proceedings, virtually condemn the King, and especially except such of the King's servants as they selected to make exam- ples of under their monstrous processes. Nay, when Charles, exasperated at their senseless and insatiable democracy, replied, that if they insisted upon except- ing Traquair and others from this act of oblivion, he, SECRET MACHINERY OF THU COVENANT. 349 on his part, would except some of themselves, the faction, conscious upon whom siieh exception ought to fall, ex- claimed against the equivalent as injustice and tyranny ! Let us now turn to the secret correspondence of Mr Archibald Johnston, and observe how he worked the machinery of this revolution. The following letter is dated from London, 2d Decem- ber 1640, and addressed, " For my Noble Lord my Lord Balmerino at Newcastle." " My Noble Lord, — 1 received your's of the 20th November by the public letter. Ye know all the pa- pers that have past. The King, since the last answer of ours on Monday, seems not well pleased. It may be if that day of before we had not gotten a kiss of the Queen's hand we would not get it in haste. He would have the acts that import the authority of the Parliament suppressed, at the least us to undertake to recommend the same to the Parliament, for the which ye might justly hang us all, beside our perjury and the ruin of the kingdom's liberty. Business [i. e. democracy] makes slow progress here. The Lieutenant, albeit he lies in the Tower, has the King's heart.* The lower House men get liberty to be at the examination of the witnesses, even at the councillors upon oath, who dispute hotly they could not depone against their fellow-councillors for any thing spoken or done in council. Burton and Prynnef on Saturday were brought in with a hundred coaches, and great multitudes of people on horse and foot. The Londoners' petition is not given in yet till a fit opportunity. There is a remonstrance, against * Strafford, the persecution of whom bad just commenced f The scurrilous libellers, whose severe and impolitic but not unprovok- ed punishment was now made the handle of agitation. 350 MONTROSE AND THE COVENANTERS. the Deputy, * from Ireland. The Marquis f and the English:}: seem to agree better nor they did. The Eng- lish complain we give them no help against the De- puty. We wonder that Kinhilt§ comes not up (after he was desired) to shew and to prove what wrongs he and others our countrymen have received from him in Ireland. He should be hasted hither with the proof of all these wrongs, for who can condescend on wit- nesses, or ways of probation, either anent the unlawful oaths in Ireland, || or the Deputy's oppressions. We have not here the roll of those are cited to the Parlia- ment, which ye should send us with the summons ; nei- ther know the rest, only^j whether the Clerk-Register and President be cited, (who have been damnable incen- diaries** even at this time to hinder all agreeance while all others were dealing for it,) and what can be laid to their charge. Ye should be diligent (if it can be gotten done on a sudden) to collect Traquair's mal- versation, either in his late commission, or in his office. Mr Adamff can help you in this. For aught I see, an ye give us not strict directions, we will let Traquair, Clerk-Register, and the President, slip through our fingers, and return to their own places, to over-rule all, * Strafford. f Hamilton. % By the English, Johnston means the puritanical or democratic party in England. § Sir Robert Adair. | Strafford in the name of the King imposed an oath of allegiance in Ireland, to counteract the oath of the Covenant in Scotland. This was an unlawful oath, according to Johnston, and the oath of dis-allegiance in Scotland the only lawful one. But, according to his rules for interpret- ing an oath, it was no great matter what was imposed. 1" This is incoherently expressed, but it seems to mean, " especially we are anxious to know." ** They were incendiaries in the degree of the value and desirable na- ture of their offices. ft Hepburn of Humbie. SECRET MACHINERY OF THE COVENANT. 351 and God knows if that will' either be to the honour or peace of the kingdom.* Let not this meet me here again. The disputes that arose by the King's ques- tions, and our answers, are ordained to be suppressed, for the English f thought shame that ever the King should have proposed them. Let none retire home as if all were concluded, \ for I profess the King's quar- relling of the Parliament shews what he grants one day he recals the next again. $ The Committee should be desired at home not to cause print the late acts now without the King, seeing he is in the way of publishing them in his own name. I wayte not what to say anent this money which has been so delayed. I know not how, and dare not say but, they mean reality. The Lord direct us all. Your humble Servant, A. J." " This letter has lain these two days beside me. The King since has granted the acts. The L. 20,000 is sent away. We have renewed the treaty. Give us strict directions anent demanding Traquair and Ba- canquel,\\ (whom the Estates in the narrative of their acts have specified, and in effect condemned with Clerk- Register and President,) to be sent home to prison to suffer justice. A direction of this kind would keep us. in peace amongst ourselves, while some would either * It would certainly not have been to the profit of the covenanting faction. f Meaning the democratical faction in England. \ Alluding to the Scots army. § Referring to the King's disclaiming the Scots Parliament of June 1640. The King had never granted a right to thai Parliament to pass laws without his concurrence in person, or by a commissioner. Balcanquall's most unpardonable offence was his having compiled the large Declaration, at the command of his Majesty, and published in his Majesty's name. That unanswerable appeal, from sedition and hy- pocrisy to loyalty and Christian feeling, contained the truth, and so the Covenanters reviled it. $52 MONTIiOSE AND THE COVENANTERS. specify the Marquis, (whom the Parliament has not named as an incendiary, but generally cited upon alter- natives,) or misken [*'; e. mistake the character of] Traquair, who, indeed, is in a far worse condition, for the King and kingdom can never end with honour ex- cept he be in the reverence of the Parliament, as ye were in his. The Lord has his times of retribution''' * " 11th April (1641.) My noble Lord. Albeit I wrote on Friday, this is to show you that on that after- noon the English condescended to take in all our pa- pers to the Parliament, but [said] withal that the Par- liament might be irritated. Bristol has persuaded the King also to seek the Parliament's advice anent his answer to our six papers given in to himself, as that anent his residence in Scotland, anent Scots servants about him, anent Council and Session, &c. They gave in, with our paper anent the unity of religion, some refutation of it, but what, they will not let us see. Since God has exonered us by our printing the dan- gers of limited Episcopacy, and the pattern of the dis- cipline of Scotland, and by our urging the Parliament with these reasons for unity of religion, I think it is now over in God's own hand to do for himself as in- deed he begun to caite [manifest] his old Scots way the next day, for on Saturday, in Strafford's process the * Referring to Balmerino's trial, on which Traquair sat as foreman of the jury. This malevolent stimulant, applied to Balmerino's more slug- gish passions, or better feelings, accompanied by the cant that follows, is characteristic of Johnston. This letter had not been hitherto noticed, even by Hailes. There is a postscript which shows that the Scotch demagogue was at this time busy in preparing the machinery for the destruction of Laud. " Your Lordship must excuse me to my Lord Maitland, and ful- fil my promise, by telling him what news I write, for I am busy about Canterbewie' s [acczis]ation." SECRET MACHINEFtY»OF THE COVENANT. !i»3 over House editing their partial favour to him, more than to the lower House itself, perse wing him for treason, and thereby premonstrating their inclinations to clenge (acquit) him, made on a suddenty all the lower House to shout with a terrible noise, withdraw, withdraw, which many mistook for draw, draw* made the King and Queen, and Lords, presently retire, this being very like our Glasgow Assembly on the Com- missioner's removal. The lower House sat (in the) afternoon — received the witnesses whom the Lords had refused — read their bill of attayndre, by way of act of Parliament, declaring Strafford a traitor, which, after twice reading, they will present on Tuesday to the higher House, whereof many will join to them, and if it stick at the King's refusal, they are to make a de- claration of all to the Commoners of England."! Another letter we must quote at some length, as il- lustrating the real spirit of the criminal processes in Scotland, raised in the name of the Covenanting Par- liament under whose lawless persecution we shall pre- sently discover Montrose. " My Noble Lord, — Albeit I have written with this same bearer, Merschal, two letters to Humbie, to be sent to your Lordship, yet for fear of delay or miscar- rying, I add the third, to shew your Lordship how the * This curious fact I have not found mentioned elsewhere. Bsillie in his journal of Strafford's trial, states it thus : — " The Commons <>n both sides of the House rose in a fury with a shout of withdraw ! withdraw ' withdraw ! got all to their feet, on with their hats, cocked their beavers in the King's sight. We all feared it should goto a presenl tumult. They went all away in confusion. Strafford Blipl away to his barge, and to the Tower.glad to he gone, lest he should be torn in pieces. The King went home in silence." f Original MS. Not printed by Hailes. vol. i. y- 354 MONTROSE AND THE COVENANTERS. King, yesterday, having answered us anent the Council and Session, and professing he would get us money, if the Parliament did not, told us of his intention to come to Scotland if the Parliament would prorogue another month for him, and after that urged us to pass from the act of oblivion, or the reservation therein against incendiaries, or else he would, as he said and swore, reserve as many. He raged when we told our inability to pass from any whom the Parliament had named and caused cite, {especially Traquair, who was protested against even at all the prorogations,) and remembered him of his former grant of the same in the fourth demand anent incendiaries. My Lord, I perceive, from sundry hands, that both this threatening of reservations of us, and this mentioning his intention to keep, himself, the Parliament in Scotland, is a trick of Traquair's, by the advice of some of our own* for to terrify us (what with our own danger by that reservation of process, and the danger of the country by factions at home, which would grow by the King's presence,) to pass from the incendiaries ; and this is but a boast, and albeit it were a reality, (as certainly neither affairs here will permit, neither has the King any inward intention of going to Scotland,) as I wrote to Newcastle my judge- ment freely, in confidence, I would rather he reserved me too, and laid my own feet fast, and more also, before ever so base a thought and so unworthy an act fell out in the hands of any of the committees, as thus to be boasted and dung from the Parliament's pursuit of the incen- diaries named by themselves in their acts, which is not * Johnston's information had led him to suspect Montrose as one of the author's of this policy which alarmed him so much. He was mis- taken, however, in the notion that Traquair was in correspondence with Montrose on the suhject, as we shall afterwards find. 4 SECRET MACHINERY OF THE COVENANT. 355 a thing within the power of the Committee, let be of ours, and for the which ye might all be censured. I think this their tricks stopping the treaty demonstrates them so really to be incendiaries, as (that) ye should rather renew your strict injunctions for sending them home. If the King intended peace, he would not stand on this, and from which it is likeliest that he intends war ; whether we yielded in that or not war would we have. I think I be one man as sure to be pursued by Traquair ; and so is yourself thought one of those whom the King would reserve on Traquair 's informa- tion, Avho professed to sundry his having challenges of treason against so many of us. My Lord Rothes is certainly one, as Traquair oft has vented himself. Argyle is suspected to be another. Except the fear of your own hazard from Traquair s boasts move you to send us instructions to pass from him, I think nei- ther honour, nor conscience, nor duty can move any, and I believe ye love not to be so boasted. Fye on us, that any of us should be on these devices for to save the honour of an evil instrument, to the prejudice of the honour of the whole kingdom lying under the blame of treason and rebellion except (unless) he be brought to an acknow- ledgment. Command us to be resolved, in this pursuit, against all boasts and threatenings — be diligent with your lawyers. I think the Parliament should, by way of injunction, lay a necessity on Sir Thomas Nicholson to plead that cause for the Commonwwlth. I would request you, with the greatest secrecy that can be, to cause try if all the honours and registers were left in the castle that ever had been in it, or, if any of them he wanting, if Traquair and the Clerk- Register have taken them away. This were a fact of clear treason* in the * Very clear treason, truly, that the High Treasurer and ('Ink I 356 MONTROSE AND THE COVENANTERS. judgment of all, and I suspect they be guilty of some such thing ; but it wald [i. e. should] be kept close without reveal- ing to any till the very day of his compearance ! I have some grounds to suspect this, as I shall tell you if it please God that we meet. It is thought there is some present plot to break forth here. The Parliament will not rise, for aught we can learn, albeit they be commanded. Yesternight the lower House, after final voicing for- mally their bill of attayndre,* gave it up to the Lords with this declaration, that they would protest against them if they did not give them a speedy and satisfactory answer. The Londoners' bill for justice is given in, — after it the Londoners offer to guard the Parliament with 5000 men, if they will, on apprehension of dissolution, come into the Gild-Hall within the city. There is some re- port of the Queen's slipping down to Portsmouth with her plate, and of the King's sudden posting some day gister, in times when the castle was continually stormed by insurgents and rebels, should have provided for the safety of what it was their duty to preserve ! And this accusation, too, from Archibald Johnston, a no- torious smuggler of public registers, to serve his own purposes ! The above direction was a mean art, frequently employed by Scotch fac- tionists, to make a case by any means against the obnoxious individual. Lord Napier has left the following anecdote of such an attempt against himself, shortly before the King's coronation visit to Scotland in 1 633. " After all my enemies accusations, that they might leave nothing un- attempted to bring me within the compass of law, I being then in England, the chief officers of state were not ashamed to go to Leith to call the merchants, customers, and searchers before them, to tryif I had done any thing which they might take hold of, but they could find no- thing, only one merchant told them that he had given me two hundred marks Scots for the custome of tobacco. Upon this they triumphed, wrote up to their complices- at court that they had me sure; but after finding it compted for in the books, and discharged by themselves, they gave over all hope to find any thing in that kind to charge me withal." M.S. Napier Charter-chest. + Against Strafford. SECRET MACHINERY OF THE COVENANT. 357 to his army, to whom there is some new oath, of abso- lute following him, sent down. The lower House would not condescend that the officers should go down. This day the Parliament is to fall to our demands, and to get us money. God is going on in some hid way for his son's crown. It will break forth. I thank God that keeps my spirit far above all fears, either national or personal. * The Lord direct you to be preparing for a storm. 22d April, (1641,) Your Lordship's real servant, A. J. " My Lord Dumfermling has been oft with the King, and is suspected to have been on this plot of the King professing his intention to come to Scotland. ' r I send you the copy of our information to some Parliament men, which we read also to the King, but whereat some of our number were mightily offended. I hope they will let you see reason for their standing to it also. I t[rust you] will make as much, of this letter and information, as (that) I may be confident that we shall have no directions from the Committee at all to pass from incendiaries" f This was the third letter which Archibald Johnston had written that day, to Balmerino and Adam Hep- burn, full of the most violent malignity against the King, Traquair, Strafford, and other " incendiaries," * Yet this letter is deeply imbued with his personal Ji ars, \\ bicb whet the edge of his malignity. A sentence to be hanged never rung upon a more cowardly heart than Wariston's, as we shall find in the sequel. f Original MS. This is one of the letters selected by Lord Hailes. Bat the editioiyd it in his collections is most inaccurate, and in some places quite unintelligible. The two last clauses are, in the original, marginal notes. In the Hailes' Collection they are introduced into the body of the letter, and in the middle of a sentem e, so as to divide and destroy the sense. 358 MONTROSE AND THE COVENANTERS. urging and insisting that the most intolerant instruc- tions should be sent to the commissioners in London, that is to say, to Johnston himself, who, in these let- ters, admits that the other commissioners were " mighti- ly offended" at some of his measures, and vehemently opposed him in some of his democratical projects. At night, of the same date as the above letter, he wrote another of a like tenor, also to Balmerino, some sentences of which are incoherent with malicious ex- citement. Yet he says, — " God is my witness I have no malice, nor particular end, but only the honour of the kingdom to be preferred to his (Traquair's) point of honour. Command us to be stout — be diligent with your lawyers — prepare your recruits — let not this other trick of their causing the King profess he would come to Scotland himself to settle business — which is a trick of theirs also to terrify us, for fear of faction at home to grow by his presence. The lower House has given up their bill — grows daily stouter — will not rise — will have Strafford's life — are thinking on moneys for us — this in post haste — Lord encourage and direct them. * Your Lordship's humble servant. 22d April (1641) at night." And in the midst of his triumph at the prospect of blood and anarchy, the following blas- phemous postscript occurs, — " Your Lordship will ex- cuse me to my Lord Burley, and shew him that I had no more to write to him ; and remember me to good Mr Hary [Rollock], who, I know, will think with myself, (who was aye said to he blythe at evil news,) that business is going- in God's old way." f * The Almighty is here invoked to encourage and direct the demo- crats in England, in their determination to have the blood of Strafford — and to get " moneys for us." 7 Lord Hiiiles extracted this postscript for his collection, but had SECRET MACHINERY OF THE COVENANT. ,'j59 And this was the man who first directed the storm of covenanting persecution against Montrose, because he suspected that nobleman of the unpardonable offence of privately corresponding with the Earl^of Traquair, on the subject of supporting the King in his constitu- tional prerogatives. The Procurator of the Kirk, it seems, might indulge to any extent in a secret corre- spondence, selecting whom he pleased of the^faction as parties to that confidence, and yet be responsible to no one for the most malicious expressions against indivi- duals, and the most inflammatory and treasonable propo- sitions against the King and constitution. Wejmust now quote some other passages from his secret corre- spondence, which indicate this demagogue's suspicions of the conservative party in Scotland, and his desire to overwhelm them in the ruin he so savagely'decreed against Traquair. " 20th April. The greatest opposition by the King- is made against the Act of Oblivion, which he will ei- ther have to be universal or none at all, or will reserve as many among us [as] we reserve of those that are cited. The Duke of Lennox, in the higher House, made a large discourse on all these three members. It is easily known from whom it comes, — my Lord r J ra- quair — as he professed once to myself, and another time to Mr Henderson, that he could challenge /he Karl of Rothes of treason ; and he both said once to me, and, as my Lord Hollies knows from others, he said it also to the King, that before he perished, he misread or misprinted it thus,—" who was aye said to.be blythe, a* 1 did witness." — which destroys both the sense, and Wariston'a character- istic of himself. S60 MONTROSE AND THE COVENANTERS. should mix Heaven and Earth and Hell together.* Some of his friends have told that he has charges of treason against sundry of our number. The King has spoken both to Sey and Pim, and told that he will re- serve as many as we did, or perhaps he would be bet- ter, and only reserve three, for our four called incen- diaries. It is universally surmised that my Lord Rothes is one. Argyle is suspected to be another. It is not known whether Loudon be one. I am thought certainly of the number, and either Sir Thomas Hope, Robert Meldrum, or you, (Hepburn of Humbie.) It is thought that Balmerino is not forgot.f Howsoever, for aught we can conjecture, the accusations come from home. The King says that he will go to the Parlia- ment House, declare their names, show their crimes of treason, ***** letters or papers, and witnesses at home, (who some times * * * ) noblemen witnesses who are no doubt the leaders of your banders \ * * * accusation is like the narrative of their band against some few persons. He says he will not meddle with their persons, but remit them to their own Parliament. But it is hard to believe that any who counsel the * This is most maliciously stated. Traquair, a nobleman of high spi- rit and passionate expressions, when goaded to the quick by this re- lentless and irrational democrat, quoted, or made the classical allusion to the line in Virgil, " Mover e si nequeo superos acheronta movebo." This will be explained afterwards in a manuscript of Traquair 's own. f Johnston's object was to alarm the whole clique, and thus secure their intolerance. This letter is addressed to " my loving brother, Mr Adam Hepburn of Humbie, or to Mr Robert Meldrum, and after their reading to my Lord Balmerino." He also adds, " shew this letter to General (Leslie), Cassilis, Lindsay, Meldrum, Hope." J Lord Hailes read this, " the leaders of your banditti." It clearly refers to Montrose and the noblemen who signed the bond against the " particu- lar and indirect practising of a few." The letters are very difficult to de- cypher, and in some places destroyed. SECRET MACHINERY OF THE COVENANT. 36l King to accuse any of us of treason will not counsel him also to lay us fast, as pledges of the Scots army re- maining quiet. Neither do I see, if any of us be once accused of treason, how the persons accused can go on in the treaty, but should go home, and let your Com- mittee send in their stead whom they please, or do otherwise as they think fit. Those of us who favoured Traquair may sleep sound and fear no danger, but God help them that are counted his enemies for sticking steive by their instructions.* I have made a fair offer for myself that I shall be heartily content to be yoked in one chain with the Earl of Traquair, f and sent to Scotland, and let him accuse me, and me accuse him, and let the in- nocent go free, and the nocent suffer. We have writ- ten information for some Lords, and some of the lower House, and as I have said to them, so I say and write to you from the bottom of my heart, that before the Parliament of Scotland were thus scoffed and boasted from their pursuit of incendiaries, (whom noiv, if ever they may see to be incendiaries, )\ I would rather be con- tent for myself this night to be laid fast in the Gate-house, and let them do with me to-morrow what they pleased. I will say no more, but that it is a shame that any, let be so many of us, should yet be pleading for them, and whereas I was never for their blood, but only for their confession, (to save the King and kingdom's honour,) * Which instructions, however, were Wariston's own prompting and insisting upon. f There is something ruffian-like in this expression. The hoast was a sate one, for two reasons: [ st, Johnston knew there was n<> chance of being taken at his word. 2d, Even if he had, there was no question how the accusation would have been determined in Scotland. J This was Johnston's mode of lashing others into bis Own malevolent feelings; the expressions are not applicable to the very rational pro- position, that, if peace was to he settled lu-twixt the kingdoms, these groundless and lawless processes should be departed from. 36 l 2 MONTROSE AND THE COVENANTERS. if we get these recriminations, I think they deserve justice secundum merita. The King mentions only Traquair's name, that if we do insist against him he will make his reservation, but if we will pass from him, he will pursue none. Ye may see it can be no great trea- son, in regard of such a compensation. * If any of us be accused here, ye wold think, what to do with some there, seeing we hear it comes from Montrose, and as I suspect, it is upon the speeches that passed in the [meeting] of Estates, the first of June [1640,] in the dispute whether to prorogate the Parliament, or to sit still notwithstanding of the King and Commissioner's ab- sence, f when Montrose did dispute against Argyle, Rothes, Balmerino, and myself, because some urged that, as long as we had a King, we could not sit with- out him, and it was answered, that to do the less, was more lawful nor (than) to do the greater. There is some word here of Sir Thomas Hope's speaking at Newcastle, since our way coming, that the King himself might be cited to the Parliament, as well as the Earl of Straf- ford," &c. X " 9th March. This day the Committee anent Epis- • With all his threatenings, Charles I. was but too apt to overlook even high treason, for present though short-lived peace. The treason might be very palpable notwithstanding. -f- It is curious that the inaccurate fragment of this letter given in Hailes' Collection stops here, at the word " absence," and leaves out the whole of what follows, and throws so much light upon Montrose's op- position to the party he had joined, in an evil hour. It is impossible that Lord Hailes could have examined these manuscripts himself; he must have employed a very inexperienced transcriber. J See ante, p. 333, where this reference to Sir Thomas is illustrated. There is a good deal more of this letter, but chiefly made up of boasting and violent expressions. Johnston waxes very courageous, knowing himself to be perfectly secure, in the King's want of firmness and free will, his own importance to both factions, and the presence of the Scots army at Newcastle. SECRET MACHINERY OF THE COVENANT. 3()3 copacy reported to the lower House that they saw the Bishops' civil places in the Parliament, council, &c. to be unlawful, and their sole power of ordination and ju- risdiction, which is intended to be voiced to-morrow, and is hoped to be carried, and for strengthening this, in the afternoon we are to give in our demand, with the rea- sons thereof, for removal of Episcopacy out of all his Majesty's dominions.'" " 10th March. My Noble Lord,— These are only to shew you, besides my letter yesterday with merchant post, that this day the whole lower House unanimous- ly, but with four or five contrary voices, has declared that bishops should have no civil places. And then again, that they should have no voice in Parliament. The Earl of Cork has proven some foul points of new against the lieutenant.* There is some commissioners come from Ireland with report f * * * or protestations there against the prelates ; and at night we gave in our large demand for unity in religion and govern- ment, all which coming on the King together, and on a suddainty, you may guess what a mood they would put him in. I wish his confidence of standing out hare no ground from some at home."f We are discharged to give copies out of our long paper against Episco- pacy, but receive the other papers with the order of the lower House. Tell this good news to the honest man and good, Mr Hery4 Truly, I think them worth * Strafford. t Alluding to Montrose and his conservative friends. J Mr Henry Rollock, the minister who took charge of the miracle of Margaret Mitch elson, and who, when desired !>y the spectators t<> pray with her, and speak to her, answered that " he durst aot d<> it, as being no good manners in him to speak while his master was speaking in her." — King' 8 Declaration, p. 227. The manner in which Johnston speaks of the Almighty in these letters is most impious. Referring to the prospect of the Scotch Commissioners, and thearmy, being able t<> leave 364 MONTROSE AND THE COVENANTERS. praise and prayer from the kirk of Scotland, solemnly, and the more in regard to the unanimity beyond many's fears," &c. " 12th March. If from Newcastle ye [Balmerino] send up any baron with Argyle and Lindsay, whose coming I dare not counsel now till this storm be calm- ed, it will not be politicly nor safely done to send L[aird] of Keir here to strengthen here Traquair's faction and correspondence with Montrose at home ; it were far fitter to send up Sir Thomas Hope, on whom ye may trust,* or, if he be delayed now, I could wish, after our articles are ended, to go down with them to the committees, but really for to help to prepare the processes before the Parliament? &c.f " 2d April. I request your Lordship (Balmeri- no) to cause your lawyers be busy for ordering of the processes, both to think on matters t \ on relevancy and on probation. If it be not done, there is none in that committee will be so much blamed, because there is none so much trusted with business of that importance. And, because mercenary advocates are not so dili- Englandto keep the Parliament in Scotland, he adds, — " but who knows if God will come in, in the ploy, when we go to_end.'\ Again ; " but the Lord, who doth his own work in his own way, seems to turn the chase, for yesterday, in the over House," &c. * This illustrates the narrative of Montrose's bond, namely, " the par- ticular and indirect practising of a few." From Traquair's own account of the matter, to be afterwards laid before the reader, Montrose and he were not in correspondence at this time, though the allegation was made a ground of criminal procedure against them both. f This, and many other expressions in Johnston's letters prove that he was the life and soul of the processes against the incendiaries, and that, in effecting what even his most factious coadjutors, far less the country, did not feel so interested in as he wished them to be, he had no hesitation in trampling upon every rule of law, and principle of truth, justice and humanity. J i.e. To exert their ingenuity to make a case against the incendia- ries. SECRET MACHINERY OF THE COVENANT. 365 gent and studious in public pursuits for the common- wealth as in private processes of well-paying clients, I request your Lordship to pay them before-hand large- ly, and to remember we have to do with a man who will make no conscience, but think it good policy in such a streight, by large buckles (bribes) to lay law- yers bye, and cause their servants reveal all the secret- est articles which are against him. F}'e on them that will not be diligent in this. Were not that / must be one of the primest witnesses in many points laid to his charge, and so cannot be his pursuer, if I were in their case, I would have thought it a notable occasion to caite (manifest) both affection to the cause and country. But, however,* if I can win down, I shall do my utmost to help to prepare fhi?ig's." We shall conclude our extracts from the secret let- ters of this disgusting demagogue, by quoting a scene in which he comes in contact with Charles I. It was more than sufficient penance for all the sins, mo- ral and political, ever proved against that Christian monarch, that he should have to endure for a moment the presence and the insolence of Archibald Johnston. The following is addressed, — " To my loving brother, Mr Adam Hebrone of Huinbie, or to Mr Robert Mel- drum in his absence." " 21st April [1641.] Loving brother, — Since my writing my last with this same bearer, and closing it yesternight, I had occasion this morning to speak with M.,f and after, by his advice, with the King, to whom * The force of this " however" is, — 'though it should be contrary to all law, and the most essential principles of justice.' f This cypher stands for the Marquis <>/ Hamilton ; and this notice 366 MONTROSE AND THE COVENANTERS. I told my mind freely of the dangers and inconveni- ences he might draw himself by discussing his actions, and forcing men for their defence to look over old prac- tiques not so expedient for him,* — exoneravi animam meant to him,f and that for others, because, as for my- self, I told him that I defied all the world that could lay to my charge any treasonable intention against his person and crown, j and renewed my offer to go in chains with any answer to Scotland. His mind seems to be on some project here, shortly to break out. He is certainly put upon this to stick on the act of obli- vion, both for to save Traquair if he grant it, or to en- snare any English whom he apprehends to have had intelligence with us, if he grant it not. Afternoon we met all with him. He read to us a fair answer anent the Council and Session ; and for the rest, told that he had given as fair answers already as he could, and fairer than otherwise he would but pacis causa. § He of him is not contradictory of the various anecdotes, and universal sus- picion of bis treasonable double dealing. * See ante, p. 333 and p. 362, where the letter, dated 20th April, is quoted, and fully illustrates the meaning of the above. Sir Thomas Hope had just been quoting an old practique from Buchanan, to show- that the King himself might be tried by the Parliament. Archibald Johnston, too, had secret stores of old pracliques, and he had the effron- tery to tell his Majesty, that if, for the protection of his crown, he took notice of the proceedings or expressions of traitors, they would be com- pelled, for their own defence against a charge of high treason, to grub out a case for democracy, and dethrone him altogether. f i. e. ' I have unburthened my mind to the King. I have been in- solent to him, and spoken treason, to my heart's content, — I did so for the protection of Argyle, Sir Thomas Hope, and others, — and for my own, I bullied him with a defiance to accuse me of treason, and send me in chains to Scotland, which I knew he dared not attempt, and that I was safe enougli though he had.' % Yet in the progress of these events, Charles lost his crown and his head, — and Archibald Johnston sat as a peer in Cromwell's Parliament — and was hanged for high treason. § i. e. ' I have yielded, to your insatiable demands against my prero- SECRET MACHINERY OF THE COVENANT. 36? told that he himself would get us much of our money,* and security for the rest, if the Parliament did not presently end our business ; that he had thought on ways how to get it, that they professed our business depended on them, (and some words of that hind, to make us jealous of them.) He told us if the Parlia- ment of Scotland would prorogue themselves to some diet again, which he is confident they will do, he will assuredly go home himself, and settle the business. He has said this, and sworn it too, unto us, except some impediment occur that he knows not of as yet, that he hopes to get his business ended here. Then he fell on the act of oblivion. We read the information which I sent| to you within a letter to Mr Alexander Colvin. He raged at it, and called us Jesuitical ; then he cried and swore, that if we excepted [from the act of oblivion] any, he would except some also ; and this he declared over and over again, and professed his hope that the Parliament would be of the same judgment. We answered in reason from our inability to pass from what the Parliament had appointed, and from his granting of the same already in the treaty, f I must gatives, as much as it is possible to yield, and be a King, and, for the sake, of preserving the peace of my Realms, I have yielded more than I ought.' * A lluding to the demand, made by the Scots Commissioners, of L.300,000 Sterling, to pay them for invading England. What the King said was probably this. ' Is \tyour money that you are so anxious for ? My Par- liament says that you must depend upon them for it; but if they do not speedily grant it, why, for the sake of peace, I will see what I can do myself. I have no exchequer — my purse is empty — but I have still a little credit left — and have thought on the means. I will get you what I can, and security for the rest — Oh, you shall have your money.' f Yet it appears from Johnston's own letters, that it required both en- treaties and threats from himself to the committee in Edinburgh to keep up the virulent feeling and process against Traquair and others called incendiaries. 368 MONTROSE AND THE COVENANTERS. tell you my mind of all this business. For aught I can learn from any hand, both this plot of reserving some of us, and this plot of causing the King declare his intention to go home to Scotland, is only to terrify us for to pass from Traquair, and is suspected, — I will say no more, nor accuse any man, — to come from some of our own number with Traquair's advice," &c. * The pointed directions given in this secret corre- spondence, to have an eye upon Montrose, and to " think what to do with some" in Scotland, were not thrown away upon the clique in Edinburgh ; and Mr Archibald Johnston had the satisfaction of receiving that letter from Sir Thomas Hope, to which we have elsewhere referred,! and shall now quote from the un- published original. " Worthy Brother, " We had many strange business in hand here, this last week. They began at Mr John Graham, minister of Auchterarder, who was called to give an account of some speeches spoken in that presbytery, and gave Mi- Robert Murray for his authority. Mr Robert gave the Earl of Montrose for his, and Montrose declared that he had the same partly from Mr John Stewart of Lady- well, and partly from my Lord Lindsay. Mr John Stewart being sent for and examined, made a terrible calumnious relation of some speeches which he alleged * See Chapter XIV. where the letter from the Napier charter-chest is printed, and proves the nature of Montrose's and Lord Napier's advice to the King at this desperate crisis. The rest of Johnston's letter quoted above is chiefly composed of most violent directions to the Committee not to " harbour so base a thought as to be thus threatened and dung from the Parliament's pursuit of incendiaries." f See p. 333, where the postscript is quoted. SECRET MACHINERY OF THE COVENANT. 369 spoken by the Earl of Argyle at his expedition in Athol, of no less moment than the deposing of the King. He confessed he gave a copy of his relation to the Earl of Montrose, and another to Walter Stewart, {my man,) to be given to the Earl of Traquair. Wal- ter was happily ranconntered, upon Friday, betwixt Cokburn'spath and Haddington, by one was sent ex- pressly to meet him, and conveyed to Balmerino's lodg- ings, at nine o'clock at night, where I was the first man that came in after him, about some other business with my Lord. After he denied he had any more papers than were in his cloth-bag, there was a leather bag found in the pannel of his saddle, wherein was a letter from the King to Montrose, a letter to himself (Stewart) written from Colonel Cochrane at Newcastle, to Lon- don, and a signature of the Chamberlanrie of the Bi- shop of Dunkeld to Mr John Stewart, with a blank for a pension, but not signed by the King's hand. After many shifts, being convinced by some notes under his own hand, which were found in his pocket, (and which with astonishment he swore he thought had not been in the world,) he was brought to promise plain dealing, and deponed, as ye will find in the papers sent to Hum by. But I believe he has not dealt truly in all the points. Specially I doubt the interpretation of A. B. C, by which he says are meant the Banders* and of the viper in the King's bosom, by which he means Canterbury, which / believe not. I will not touch any more of the particulars, because you will find them in the copies of the papers. Mr John Stewart has since confessed his knavery in the general, but has not * i. e. Montrose and those who signed the conservative bond. VOL. I. A a 370 MONTROSE AND THE COVENANTERS. yet cleared the particulars.* The point for the which Montrose alleges Lindsay's authority is not yet cleared. It was concerning the Dictator, whom he alleges should have been p. e. to have been] Argyle, as he then said positive in his declaration my Lord Lindsay named him. But since he heard Lindsay, he says he believes he did name him, at the least he conceives he meant him, and he refers to his oath [whether he did mean him. I think it shall resolve in nothing, or a very little some- thing. I believe this business shall prove deeper than yet is found, for the Lord it seems will have all these ways brought to light. f I have no other thing, that I re- member for the present, which I know you have not heard, and, the most part of this, if not all, you will have from others. But a good tale twice told is tolerable. I remain, as ever, your real friend to be commanded, Edin'-, 7 June 1641. A. B."| * For a good reason, — he had to consider ivhat particulars were most likely to save him from the merciless fangs of an Argyle committee. f These two sentences, which at first sight appear to contradict each other, are very characteristic of a covenanting factionist. They mean that the allegation against Argyle would turn out to be no high treason at all, or only a very little high treason, but as for the suspicion against Montrose, that would be verified in the discovery of a deep plot brought to light by the Lord. % It is remarkable that this letter, fixing so precisely the fact of intercepting the King's messenger to Montrose, should not have been hitherto observed, not even by Lord Hailes when examining the ma- nuscripts of the Advocates' Library in reference to the history of the period. Wodrow, who has preserved it amongst his voluminous manu- script collections, was not aware that the writer was Sir Thomas Hope. He calls it, (in his index to the volume of his MSS. where it occurs) a letter to Wariston from his brother, probably because it commences, " worthy brother." But Hope and Johnston were brother lawyers and brother factionists. That Sir Thomas Hope of Kerse was the writer of this letter is sufficiently proved before, p. 334. MR ROBERT MURRAY'S DEPOSITION. 371 CHAPTER XII THE REASONS OF MONTROSE S CONSERVATIVE BOND, AND THE GROUNDS OF HIS ALARM FOR THE MONARCHY, ILLUSTRATED FROM ORIGINAL MANUSCRIPTS. We must now shift the scene to Scotland, and de- velope the details of a lawless persecution of Montrose, and other conservative Covenanters there, of which history only affords a partial and inaccurate view. Fortunately it happens, that most of the original pa- pers, relating to the events mentioned in the letter with which our last chapter concludes, have also been pre- served among the manuscripts of the Advocates' Li- brary. They have not hitherto been printed, and his- torians, who slightly notice the extraordinary scenes to which they relate, appear never to have consulted the documents themselves. These shall now be laid before the reader, with the exception only of the antiquated orthography. " May 27, 1641. — Mr Robert Murray, minister at Methven, being come to Edinburgh upon Wednesday last, at night, upon other occasions, was called off the streets upon Thursday, the 27th day of May, instant, to compear before the Committee of Estates, and hav- ing appeared before them, was told by their Lordships, that Mr John Graham, minister of Auchterarder, being examined by their Lordships upon the author of his speeches which he spake before the Presbytery of Auchterarder, gave up the said Mr Robert as his au- 372 MONTROSE AND THE COVENANTERS. thor. Whereupon Mr Robert posed (questioned) the said Mr John, being present, why he should give him up as author, seeing he was informed by Mr James Forsyth, minister at Monzie, that Mr John had other authors. But the said Mr John refused to condescend upon any other author but the said Mr Robert. Whereupon Mr Robert did desire the Committee to urge Mr John to condescend upon other authors, for he was loath to depone in the business. Whereupon the Earl of Montrose did urge Mr Robert to declare without more business, because he knew that he might soon put it off his hand. Whereupon Mr Robert an- swered, ' then it is your Lordship must take it off rny hand, therefore, my Lord, tell your part, and I shall tell mine.' But my Lord refused, and desired Mr Ro- bert to declare ; and the said Mr Robert being urged of the Lords of the Committee to declare, he desired to see Mr John Graham's declaration, whereof he had made him author. But the Lords of the Committee desired Mr Robert to declare what he spake to Mr John Gra- ham anent the particulars which Mr John was chal- lenged to have spoken in the said Presbytery. Where- upon the said Mr Robert depones, — " That Mr John Graham came, upon a Sabbath day at night, in February or March last, (as the deponer remembers,) in his own house, with a commission from Montrose, desiring the deponer to meet with his Lord- ship in Scoon, on Monday at night. The deponer answered, that he would be glad to speak with his Lord- ship, but he was loath to go to Scoon on the Monday. Therefore Mr John and the deponer went to Perth on Monday, and from thence the said Mr John went him- self to the said Earl to meet him coming from Dun- crub, to tell his Lordship that the deponer would meet MR ROBERT MURRAY'S DEPOSITION. 373 his Lordship at Perth, or any other place he pleased, but could not go to Scoon that night. And so the said Earl came to Margaret Donaldson's in Perth, where the deponer came to his Lordship, being advertised to come there to his Lordship. At the first meeting with his Lordship, my Lord challenged the deponer for his long absence from him, who excused himself by reason his Lordship was taken up with many others that were in his Lordship's company, and that he was loath to come except to meet his Lordship in private. Thereafter my Lord says to the deponer, ' you were an instrument of bringing me to this cause, I am calumniated, and slan- dered as a backslider in this cause, and am desirous to give you and all honest men satisfaction anent my carriage therein.' The deponer then asked his Lordship why he subscribed the bond that was contrary to the Covenant. The Earl answered, it was not contrary to the Covenant, but for the Covenant. The deponer asked the reason, and why it was done in private, seeing any bond that had been for the Covenant might have been avowed. About this time Mr John Robert- son, minister at Perth, being sent for by the Earl, came in to them, and then the Earl continuing his dis- course in presence of the said Mr John, answered, that they saw some few particular men taking some particular courses contrary to the cause and Covenant, and therefore they behoved to strengthen themselves, for the maintenance of the cause and Covenant by that bond. The deponer answered, ' how does that appear ?' The Earl answered, ' there were some few upon courses for change of the Government, * for there has been a motion for deposing of the King, and next /or, setting tip a Dictator, and, that failing, there was another motion for setting a General within the country, as * i. e. The monarchical form of government 374 MONTROSE AND THE COVENANTERS. there was one without the country ; this was left, and another course taken for making a triumvirate, one to rule all be-north Forth, and two be-south the Forth.' The deponer answered, ' these things seem very strange, for we have neither heard, thought, nor dreamed of any such thing, and there is no likelihood thereof.' The Earl answered, it was true, and prest the last point, alleging that for doing thereof there was a bond drawn up and offered to be subscribed, for establishing a par- ticular man be-north Forth, by which the subjects were to be obliged in fidelity and fealty, and that the Earl refused to subscribe it, but rather should die or he did it, which he would prove with sixteen as good as himself. The deponer answered, these things were strange, he could not believe them, because they seemed to be very unlikely. The Earl replied, that he might accuse them, but he would not do it, till first he cleared himself at the Parliament and Assembly. The deponer said, ' you are all agreed now in Edin- burgh, and I beseech you may keep unity, for the breach thereof is a mean to do most harm to this cause.' The Earl answered, he should do nothing to prejudice the cause, but maintain the same with life and means. It was asked by the deponer, whether or not, at the meeting of the Parliament in November 1640, it was his Lordship's intention to have the Parliament to sit for reversing the Acts of Parliament made in June last,* or at least to call them in question, that so his Majesty might get a ground to quarrel our Commissioners, anent these acts, who were seeking them to be publish- ed in his Majesty's name. The Earl answered, he de- * This was the Parliament in which Archibald Johnston says, that Montrose disputed against the faction, see p. 362. Having been constrain- ed, however, to subscribe the proceedings of that convention, he appears to have considered himself thereby bound to maintain them as law. MR ROBERT MURRAY'S DEPOSITION. 375 sired the Parliament to have sitten, but not for that end, but only to have added some to the Committee, because many able men were left out, who might strengthen the Committee if they were at it. And the Earl, being ask- ed again whether or no he had purpose to question these acts, answered, he had not, because he had sub- scribed them, and would maintain them with his blood. The deponer remembered little more of any thing pas- sed that night, but only that the Earl desired the de- poner might go to Scoon that night, who promised to be there to-morrow. On the morrow, being Tuesday, the deponer came to Scoon, and waiting on awhile, in respect the Earl was speaking with the Earl of Athol and Mr John Stewart, some of his friends attending beside, one told the Earl that the deponer was there. So the Earl came himself, and entered on the same dis- course that he and the deponer were on before. The deponer showed that God had put in his heart a just answer thereto. The Earl repeated what he had said the night before anent the change of Government, where- unto the deponer gave this answer, that, ' howsoever I believe not any such motions to have been, yet I think if any such has been, they have been conditional, and not absolute, but only in case of unavoidable extremities, looking to the weal of the country, and government thereof in cases of necessity, and that their practice proves that it was but conditional, if any such was, be- cause that now, when the King is content to go on with them to the treaty, they go on sweetly seeking peace.''* * This is to say, the revolutionary party of the Scotch Commission- ers in London, which was the predominant party, required the King to give up all his royal prerogatives, otherwise Archihald Johnston would ferret out " old practiques," as a ground for taking- them. " Dethrone yourself by concessions," was virtually their language, " or we will de- 376 MONTROSE AND THE COVENANTERS. The Earl answered, it was not conditional, but absolute, and therefore, he said, ' they are seeking conditions contrary to the Covenant, because we have sworn not to entrench upon the King's prerogative ; likewise they are seeking more than the letter sent to the Earl of Lanerick contains, wherein they had declared they would seek only these articles contained in the said let- ter,* for now they desire that officers of state, council and session, should be chosen by the Parliament.' t Deponer answered, they are all good things, if they could be obtained, and that our folks did not stand upon them as (if) they would break the peace if they did not obtain them, and these things being for the good of the commonweal, licet cuilibet supplicare et mendicare.% The Earl replied, ' they are seeking them absolutely, throne you by force. How sweetly they were seeking peace may be seen from the secret correspondence quoted in the last chapter. * This refers to the address transmitted to his Majesty (through the Earl of Lanerick, Secretary of State,) from the Covenanting Committee, with the Army at Newcastle, September 8, 1640. It prays, in very hum- ble and loyal terms, 1. That the Acts of the Parliament of June should be ratified by his Majesty. 2. That the strongholds of Scotland should be " furnished, and used for our defence and security." 3. That all Scotch- men " may be free from censure for subscribing the Covenant," &c. 4. " That the common incendiaries, who have been the authors of this com- bustion in his Majesty's dominions, may receive their jusl censure," and the rest of the petition regards the act of oblivion and reparation of losses sustained in the war. How far these demands were exceeded, and this temperate tone departed from, may be seen from Archibald John- ston's correspondence. f Montrose, we thus see, felt at the time how deadly was this blow aimed at the Monarchy ; and, after all had passed away, England's most philosophical historian had to record, — " But the most fatal blow given to royal authority, and what in a manner dethroned the Prince, was the article, that no member of the Privy-Council, in whose hands, during the King's absence, the whole administration lay, no officer of state, none of the judges, should be appointed, but by advice and approbation of Parliament." — Hume's Hist. vi. 427. % They were sturdy beggars, however. MR ROBERT MURRAY'S DEPOSITION. 377 or no peace, in token whereof, the Commissioners had written that their name would stink if they sought them, and the committee had written back, they should not pass from them without their advice. * The depon- er answered, that these might well stand with the con- dition, because if they found they could not obtain them, then they would pass from them. Then the deponer demanded the Earl how he could think that his bond was for the Covenant, since upon the hearing of it the King; had made a halt with the Commissioners of the treaty. The Earl answered, i the King had got knowledge of the bond by some speeches of the late Lord Boyd, which were reported to the Commission- ers, and by them to the English, and so it came to his Majesty's ears.' The Earl was desired to come to his dinner. Then the deponer entreated his Lordship to unity.] The Earl answered, he loved unity, and would clear himself before the Parliament and General As- sembly. The deponer alleged it would hinder the set- tling of the common cause. He answered, he should do it in such a way as could not wrong the public, because he would not make his challenge till the public business were settled, and then he should put it off himself, and lay it on those who had calumniated him.\ The depon- er declares that the Earl of Montrose named the Earl * The committee had written back, in terms of Archibald Johnston's secret orders to them, for instructions. | By unity, the Covenanters invariably meant, no opposition to the revolutionary Movement. Thus we learn from Baillie's own confessions, that at the commencement of the business, that Covenanter got the better of his conscience, for the sake <>l unity, J Thus the too open Montrose had prematurely disclosed his whole plan to a creature of the faction, who took good care to prevent its execution. 37$ MONTROSE AND THE COVENANTERS. of Argyle, to be the man who should have the rule over the north, as one of the triumvirate. " This conference ended, the Earl went to dinner, and the deponer went to Perth, and that same day- Mr John Graham came to the deponer and said to him, ' My Lord and you was hot.' The deponer an- swered, ' I was not hot, but plain,' and that my Lord had taken all well ; and the deponer, supposing that Mr John had been acquainted by the Earl with the same things that the Earl had spoken, and likewise thinking that he might have overheard the discourse betwixt the Earl and him, did tell * the said Mr John the substance of the conference betwixt the Earl and him, as is before deponed. Further the deponer, being interrogated by the Committee if he remembers the time and persons presenters of the bond about the rul- ing of north Forth, answers, that he remembers not that any thing was spoken anent the time or persons, but only that the Earl said he could prove it by sixteen as good as himself. And being interrogated what the deponer said to Mr David Drummond, and Mr George Mushet, ministers, with whom Mr John Graham affirm- ed the deponer spoke, the deponer answers, that the said Mr David and Mr George having heard that he had spoken with the Earl, asked how he was satisfied. The deponer replied, that he loved not to speak of that purpose, but, that they might know how he was satis- fied, he said, ' I shall tell you the story, and judge you yourselves how I am satisfied? and thereafter related to them the sum of the conference above deponed. * It seems an odd reason for repeating the conference to Mr John Graham, that he knew it already. Perhaps it was in case he did not know it. Graham stated it to his Presbytery, and thus the whole matter came before the Committee. 4 montrose's declaration. 379 Further the deponer, being interrogated if he knew of any other authors of Mr John's speeches than himself, answered, that he had heard, from Mr James Forsyth, that Mr John had said to Mr James, and Mr John Fyfe, minister at Fowles, that there were five gentle- men and a minister whom Mr John could make his authors of his speeches to the Presbytery, and declares that the names of the gentlemen and ministers were not told to the deponer. " This deposition being read to the deponer, he de- clares the same to be of verity. " The last of May 1641. This day the foresaid de- position being again read to the deponer, and he having given his oath, declares the same to be true, and of ve- rity in substance and sense, according to his memory, as he shall answer to God. (Signed) Mr Robert Mur- ray. Sr. A. Gibsone, I. P. D." * On the same day, Montrose himself was subjected to the interrogatories of this Committee, and his own statements shall now be laid before the reader, from the original manuscript. " The Earl of Montrose being desired to shew what had passed betwixt his Lordship and Mr Robert Mur- ray, in the speeches had at Perth and Scoon, in the common business, his Lordship told, that he had said to Mr Robert that he was wronged by the scandal raised upon the bond, which was not against the Co- venant or country. As likewise told Mr Robert that * Original MS., indorsed, " 27 May. Mr Robert Murray, his de- position anent the speeches betwixt the Earl of Montrose and him. Sworn and subscribed last May 16+1." 380 MONTROSE AND THE COVENANTERS. he was told by a very good hand, that there were in- tentions to make a Dictator, which he did not trust, but, being delivered to his Lordship by so good hands, it was incumbent on him to think upon all the ways to preveen such courses. This was the first reason for subscribing the bond. A second reason was, it was told him there were some bonds offered to be subscrib- ed, some whereof being of different tenors, the inten- tion of all being to tie the subjects in a particular way of subjection to particular persons. A third reason was anent an intention for cantoning the country. And the fourth reason was a discourse which was told his Lordship, whereby it was related that it was in- tended, at the sitting of the Parliament in June last, to depose the King, and, however it was continued (put off) at that time, it would be the first act of the next ensuing session of the Parliament, and that the relator of the discourse told it was resolved by lawyers and divines, that it might be so, and reasons thereof, viz. venditione. desertione, and invasione* Being asked if his Lordship remembered whether or not he spoke any thing of a triumvirate, answers, he remembers not, but that the country was to be divided and cantoned, which were all one, and (that he) could not remember all things, because they had two hours conference on the Monday at night in Perth, and also being at Scoon on the morn thereafter. Confesses that he named the Earl of Argyle sould be [i. e. to be] the man be-north Forth, and that he was the man sould have spoke?i [i. e. who had spoken] of deposing the King. Declares that his Lordship is not the author or inventor of'these things, but that others are his authors, and that he * i.e. Selling, deserting, or invading the country. MONTROSE'S DECLARATION. 381 would lay it down at the right door. Being question- ed anent the sixteen who were witnesses to it as good as himself, declares his Lordship had said there were some of the particulars to his own hnowledge 3 and that there were ten or twelve others who would bear him witness, and that to them all, some one or other would be gotten to take them off his hand, or prove them. The Committee appointed the Earl of Montrose to show his author. Being desired to do it, the Earl of Mon- trose desired that since the Earl of Argyle was named by him, which he was forced to do, (he) might express his knowledge in this business. The Earl of Argyle answered, that he thought it incumbent to him to clear himself, and would do it [imme]di[ately if] the Com- mittee would appoint him. The Earl of Argyle, by his oath tinreqnired, declared that [he had never] heard of such a matter, and would make it good that [the man] who would say that he was the man spoke of de- posing the King, or] of his knowledge of these bonds, was a liar and a base * * * * * * .f " The Earl of Montrose declared that there were four [reasons for the bond he] had spoken of. The first, a Dictator, the second, four bonds, the third, can- toning the country, and tlwfourth, deposing the King.] He was loath to speak of the first, because the author f The manuscript is destroyed by damp in those places where I have conjccturally supplied the vacancies. The last epithet applied by Ar- gyle must be left to the imagination of the reader. The contrast be- twixt the coolness and dignity of Montrose, and the violence of Argyle, is characteristic, and reminds us of what Clarendon says of the latter, — " he was a man endued with all the faculties of craft and dissimulation that were necessary to bring great designs to effect, and had, in respect of his estate and authority, a very great interest in Scotland ; yet he had no martial qualities, nor the reputation of more courage than insolent and imperious persons, whilst they meet with no opposition, are used to have."— Hist. v. 92- 882 MONTROSE AND THE COVENANTERS. thereof [was not] in this town. That, since there was a necessity, he would declare, but that the author did not speak it 'positive, but only upon [suspicion. De- clares that the Lord Lindsay was the man who told him of the Dictator, and overtopping courses. The cir- cumstance of the discourse was, that when the Roman affairs grew to a low ebb, the Romans thought it fit that all power should be put in one man's person. He will not say that the Lord Lindsay condescended upon the Earl of Argyle's name, but that he condescended on the word Dictator. He cannot condescend upon the time, but that it was before the army crossed Tweed ; and heard not from any others of the making of a Dictator. The four bonds, some of them were in the Earl of Ar- gyle's own name, and some prest by the Earl himself. Some of the Athol people are informers of these bonds [concerning] the deposing the King, and that the Earl of Argyle discoursed thereof before twenty or thirty gentlemen, and that Inchmartin and Garntully were the hearers of the Earl of Argyle make that dis- course, viz., that they were minded, if not at the sitting of the Parliament in June last, to depose the King, that they would do it at the first of the next en- suing Parliament thereafter. The man that told the Earl of Montrose this discourse is Mr John Stewart, son to Mr James Stewart of Ladywell ; and that he was the man who told of the four bonds, whereof two of them were in the Earl of Argyle's own name ; Law- ers, Glenurquhy, and Comrey prest two of them, and Argyle other two of them, when he was upon his voy- age to the north. As for the encantoning of the coun- try, Archibald Campbell was present at the time when there was a commission drawn up for the rule be-north Forth, and, because the Earl of Montrose's interest momtrose's declaration. 383 was in those parts, he was not pleased with it,* and therefore it was written over again ; the Earl of Mon- trose's name was put in it, and a new meeting ap- pointed to treat upon it ; and that this was before the Earl of Montrose's voyage to the north in anno [1639?]. Denies, that he knows of any others who sould [be ru- lers over the] rest of the country, nor ever heard any named. " After reading of this paper in public, the Earl of Montrose affirmed that the Lord Lindsay named the Earl of Ar gyle to he Dictator, [but that] he did not speak out of spleen to any, but upon respect to the pub- lic, and upon jealousies and suspicions for the public liberty. " The Earl of Montrose remits the tenor of the bond to the Earls of Mar and Cassilis, Archibald Campbell, and Mr Adam Hepburn, and, for what his Lordship remembers, the Earl of Argyle was named in it either absolute General, or General Commander, and that the noblemen were to be of his commitee.t Being posed if his Lordship had any other authors, anent the bonds and deposing the King, than Mr John Stewart, de- clared he had none other. Being likewise posed if his * That is to say, we presume, that Archibald Campbell was not pleased with it. This Archibald Campbell was brother to Sir James Camphell of Lawers, and a personal friend of Lord Napier's, though the confidential agent of Argyle. f This means the bond which Archibald Campbell saw drawn up, and which was afterwards offered to Montrose for signature, when he refused, and said he " rather should die or he did." The minister of Perth, Mr John Robertson, was examined by the Committee upon the 12th June 1641. His declaration is substantially the same as Mon- trose's and Mr Robert Murray's. But he adds, — " that the Earl affirmed that the foresaid bond anent the ride be-north Forth was offered to his Lordship to be subscribed by him at Chowsly Wood, before the army crossed Tweed." The army crossed towards the end of August 1640. Argyle at this time was left with an army in Scotland. 384 MONTROSE AND THE COVENANTERS. Lordship had examined Inchmartin, Garntully, or any- other of the witnesses alleged by Mr John Stewart, his Lordship answered, he had not spoken with any of them on that subject. " This which was written anent the Earl of Mon- trose, his Lordship's declaration, was read in my Lord's hearing and presence of the committee. " Balmerino, I. P. D."* We have seen, from the private correspondence of Archibald Johnston, that the faction were very much alarmed that impeachments would be directed against themselves when the King should hold his Parliament in Scotland, and there is every reason to believe that Argyle had brought about this collision with Montrose, in order to crush any such attempts in the bud. Montrose, aware of his danger, acted with his usual promptitude and spirit. We now take up the thread of the narrative from Bishop Guthrie and Spalding. Guthrie says — " Lest Montrose's enemies should have dealt with Mr John to withdraw and leave him in the hazard, he posted quickly away some gentlemen to Mr John, with whom he came to Edinburgh upon the 30th of May ; and upon the morrow appeared before the Committee, and subscribed a paper- bearing all that Montro.se had affirmed in his name. Whereupon Argyle broke out into a passion, and with great oaths denied the whole and every part thereof, whereat many wondered" Spalding thus narrates the result. " Argyle causes charge Mr John Stewart to compear before the Committee to answer for these speeches, who * Original MS. signed by the President, but not by Montrose. It is indorsed " 27 May 1641, Earl of Montrose's declaration anent what passed betwixt his Lordship and Mr Robert Murray." MONTROSE AND LORD LINDSAY. 385 indeed obeyed the charge, and compeared, and did abide by the speeches, saying to Argyle, My Lord, I heard you speak these words in Athol, in presence of a great many people, whereof you are in good memory. Argyle answers, saying, while he was in Athol he found the Stewarts there against the subscribing of the Covenant, to whom he said, this covenant was not against the King, but for Religion and Liberties of the kingdom, and if they would not subscribe the same, it might breed themselves both peril and skaith ; for if the body of the country would not go one way, but be divided against themselves, it were an highway to bring in the English- man into the land, to dethrone the King, and bring the nobles under servitude and slavery. This he remem- bered to have said, but denied any further." However apt the covenanting committee were to adopt rumours and private conversations as grounds of criminal process against any who opposed them, and although their articles of war made it death to speak against the King or his authority, their inquisitorial rigour seems not for an instant to have been directed against Argyle. No sooner, however, had John Stew- art put his hand to the information he gave Montrose, than he, Stewart, was sent to prison. There we must leave that unfortunate gentleman until we develope another scene in this drama of covenanting justice. Lord Lindsay was placed in an awkward predica- ment. Montrose had affirmed that he named the Earl of Argyle as the person who was to be Dictator, and Argyle had volunteered his great oath that all this was a foul calumny. The covenanting committee were per- plexed and annoyed, for Lindsay was a leader of the fac- tion.* Yet Montrose was not to be easily discredited ; * This was John tenth Lord Lindsay of Byres. His patent as E irl VOL. I. B b 38G MONTROSE AND THE COVENANTERS. and hitherto he had proved his declaration to be true. It was not for the King's interest that the matter was taken up, but purely for the sake of Argyle, and most probably at his instance. He was to be cleared, there- fore, at all hazards, before his Majesty should arrive in Scotland ; and it remained for Lindsay to extri- cate himself and the faction from the scandal in ques- tion. How this was effected, will be best told by the original manuscripts. "4th June 1641. In presence of the Committee. The Lord Lindsay desired to know if the Committee had any thing to speak to his Lordship, because he was to go to Newcastle. Whereupon the question fell in anent the speeches related by the Earl of Montrose, to have been spoken by him concerning a Dictator, whe- ther the Lord Lindsay should answer to that, or if it were such a matter as merits to be agitated. * The Lord Lindsay desired to know what was spoken by the Earl of Montrose which reflected upon him, be- fore any thing was done. Accordingly whereunto the paper was read and delivered to him, that he might consider thereof. After consideration whereof, the Lord Lindsay desired to know whether or not the Earl of Montrose had any more to lay to his charge* The Earl Montrose answered, that this was the sub- stance thereof, and that the Lord Lindsay's discourse of Lindsay was made out for him in 1633, but withheld in consequence of his joining the Rothes and Balmerino faction. He obtained it, how- ever, in 164-1, when Charles was reduced to reward his enemies. He also obtained the earldom of Crawford, upon the forfeiture of Ludovick Earl of Crawford, and was designed Earl of Lindsay and Crawford. * The committee were not so scrupulous about agitating the matter of Montrose' s conversation. f Montrose had made no charge against Lindsay. All that he said was forced from him by the Committee. MONTROSE AND LORD LINDSAY. 38? inferred as much as the Earl of Argyle was the man meant by (him ;) but because, in the circumstance of the discourse, there may be other men concerned whom the Earl Montrose was loath to name, he desired not to speak any further in it. * " The Earl of Montrose declared that the Lord Lind- say, [he Montrose] falling with him upon a regret of the course of business in this country, and that some were crying up the Earl of Argyle too much, whereupon the Lord Lindsay answered, that such a man speaking to the same purpose, told that the Romans, when their affairs were at a low ebb, made choice of one to be a Dictator, that the command should be in one man's person, such a man as had following and power, and to Lis Lord- ship's memory the Lord Lindsay named the Earl of Argyle to be the man pointed at, and that the discourse inferred so much ; and withal entreated the Lord ZAnd- say would not think any thing of it, because it was but upon suspicions and jealousies. " The Lord Lindsay asked the Earl of Montrose, whether or not he said there was any such intention to make a Dictator, who answered, that he does not say that the Lord Lindsay said it positive, but recitative, or by inference. " The Earl Montrose and Lord Lindsay being re- moved, the Earl of Argyle desired to speak, who told, that since his Lordship's name was mentioned in the same, he desired that he might be made clear of any- thing may reflect upon him ; and, next, he thought it fittest that each of the noblemen should set down the discourse (that) passed, and then the Committee might * Montrose, however, proceeds in his declaration, probably from hay- ing been urged. 388 MONTROSE AND THE COVENANTERS. take the same to consideration, whether these discourses were worthy a further hearing. Which the Committee taking to consideration, found that the same did no ways concern the Earl of Ar gyle, since none of them had said that the Earl of Argyle had any such in- tention, or was accessary to any such motion, and thought the last part most fit ; and therefore the Com- mittee appointed the Earl of Cassilis, Lords Balmerino and Napier, to take before them declarations apart, and to study to accommodate and reconcile their declara- tions, * if possibly they can, and to report to the Com- mittee, that they may take notice of the difference, if any shall be, and to advise whether the matter deserves a further consideration or not, that the public scandal may be removed. " Sr A. Gibsone, I. P. D." Before the three noblemen named above, Montrose deponed as follows : "4th June 1641. The Earl of Montrose declares, that the Lord Lindsay, [he Montrose] falling with him upon a regret of the course of business in this country, and that some were crying up the Earl of Argyle too much, whereupon the Lord Lindsay answered, thatsuch a man, speaking to the same purpose, told that the Romans, when their affairs were at a low ebb, or in distress, they made choice of one to be a Dictator, that the com- mand might be in one man's person, such a one as had command, and power, and following ; and declares, * It was probably with this view that Lord Napier's assistance was here required. The committee were obviously much alarmed for Lind- say's position in this matter. Montrose they were thirsting to destroy. MONTROSE AND LORD LINDSAY. 389 that, to his best ^memory, the Lord Lindsay named the Earl of Argyle to be the man pointed at ; but howso- ever, the whole drift of the discourse did infer so much, as the Earl of Montrose did conceive the same."* Lord Lindsay's declaration appears to have been as follows : " 4th June 1641. The Lord Lindsay declares, that at Edinburgh, in a discourse betwixt the Earl of Mon- trose and him, the Earl of Montrose asked how busi- ness went. For answer whereunto, the Lord Lindsay said, he had entered upon no business since he came, nor had not spoke with any particulars since his Lord- ship's coming to Edinburgh ; but did relate some dis- course made to him by some persons, which was in sub- stance as follows. One grief was a regret of the divi- sions and jealousies of this country ; another was that it was a pity that we who are Christian, and have not only our liberties, lands, wives and children, but also our religion in question, cannot agree amongst our- selves, whilst the Romans, who are but Ethnic, when their affairs came in hazard, they would agree among themselves, and so far yield one to another, that they would make one of themselves to be Dictator, to have the sole power over them ; yea, private enemies, when they were employed in public affairs, did lay down their private quarrels, and join in hearty union so long as the public was in question. And declares that neither the man, who made this discourse, named the Earl of Argyle, or any other man \ neither does the deponer re- member that ever he named the Earl of Argyle, or * Original MS. Signed, " Montrose.— Cassilis, Balmerino, Naper." 390 MONTROSE AND THE COVENANTERS. meant that there was any intention to make the Earl of Argyle or any other, Dictator at all ; and remembers that in a discourse either at that time, or at some other time, the Earl of Montrose asking if the deponer knew that the Earl of Argyle was to have any preferment, answered that he knew not of any, but that there was a great esteem had of him in the country."* These declarations are dated the 4th of June, and it will be remembered that Sir Thomes Hope, in his let- ter to Archibald Johnston, dated the 7th, says — " The point for the which Montrose alleges Lindsay's authori- ty is not yet cleared," — yet, of that same date, the fol- lowing judgment on the matter was pronounced by the Committee of Estates (to whom Cassilis, Balmerino, and Napier, had reported the declarations,) as appears by the original manuscript. " At Edinburgh. 7th June 164 J. The Committee hav- ing considered the Earl of Montrose, and the Lord Lindsay, their declarations, &c. and having compared them together, find, that as it is possible the Earl of Montrose has mistaken the Lord Lindsay's expression, so they find by the words which the Lord Lindsay re- members, and has set down under his hand, that there was no ground for the said misconception. " Sr A. Gibsone, I. P. D."f * The above is from what appears to be the original draft of Lindsay's declaration, very much corrected, but not signed by any one. I cannot discover any other. f Original MS. It is remarkable that Sir Thomas Hope's conversa- tion at Newcastle, Lord Lindsay's conversation with Montrose, and Ar- gyle's conversation in his tent at the ford of Lyon, all of obvious applica- tion to deposing Charles, were all excused on the same plea, namely, as having been a general discourse not intending the particular appli- cation. MONTROSE'S PRINCIPLES. 391 CHAPTER XIII. IN WHICH MONTROSE SPEAKS FOR HIMSELF. The original documents contained in the last three chapters were unknown to Clarendon and Hume. Con- sequently these great historians had not the means of protecting Montrose against the calumnies of subse- quent writers, who, in equal ignorance of the details now disclosed, have assumed to his prejudice a very different theory, from what is suggested by these do- cuments, of the motives and circumstances which in- fluenced his defection from the Covenanters. The se- cret correspondence, in 1640-41, betwixt the Procura- tor of the Church, and the clique (for it was no more) of covenanting lords, lairds, and lawyers, who held sway in Edinburgh under the command of Argyle, to- gether with the private records of their inquisitorial examinations, tell thus much of the story so minutely and curiously, and bring so completely under our view the dramatis persona of that hitherto darkling chap- ter of Montrose's career, that instead of weaving a nar- rative from such materials, and consigning the graphic originals to the obscurity of an appendix, I have thought it best to give them verbatim in the text. Indeed it is the principal plan and object, throughout these Illus- trations of Montrose and the Covenanters, to produce the hitherto hidden details and narrative, contained in the private records of the Covenanting Government, in vol. i. * 39^ MONTROSE AND THE COVENANTERS. reply to those pages of democrative history in which the alleged unprincipled tergiversation, blood-thirsty policy, and selfish ambition of Montrose, form a prominent and favourite theme. Even so far as we have gone, the do- cuments produced suggest a very different idea of the merits of Montrose's political motives and conduct. They open up and lay bare to a considerable extent the private proceedings, and even the secret springs of ac- tion, which brought on the first scene of that crisis in which it was the object of Montrose to save the mo- narchy, and the object of the dominant party in Scot- land to destroy both that and Montrose, ere they should lose their power. Mr Brodie, in his History of the British Empire, has recorded that Montrose was " bloated with iniquity." This author perils his severe sentence upon his own views, and his own version, of Montrose's early career, and of " the Plot" and " the Incident," mysterious events which grew out of the crisis now illustrated. Other original documents, fully de- veloping the history and secret machinery of those events also, and in like manner telling their own story minutely and graphically, shall be presently disclosed. Here we may pause for a moment upon Montrose's po- sition with the Covenanters in 1641, before producing a very interesting illustration of his principles and ac- complishments, and one in which he will be found to speak nobly for himself against the modern assertion, that, in his first adherence to the Covenant, and subse- quent opposition to the Movement, which made that Covenant its excuse, he had become bloated with ini- quity. A few years of great excitement had passed betwixt the commencement of Montrose's covenanting career MONTROSE'S PRINCIPLES.. ;J9J and his present critical position. We have seen how, at the close of the year 1637, he was persuaded, by Rothes and his clerical agitators, to take a public and prominent part against the policy of Laud. In the year 1638, we find him conspicuous in the memorable As- sembly which destroyed the hierarchy, and usurped the functions of Government in Scotland. The year 1639 discovers Montrose at the head of a convenantinsr force, opposed in arms to the anti-covenanters in Scotland, carried by the military excitement so congenial to his disposition, but, withal, merciful in his use of fire and sword against his loyal countrymen, even to a degree that called forth the murmurs and disapprobation of the most conscientious, civilized, and accomplished of the covenanting clergy. The anti-monarchical propositions pressed in the General Assembly held that same year, immediately after the treaty of Berwick, seem first to have awakened Montrose to the important question, what was to be the limit of this revolution in Scotland, and where the precise point at which covenanting de- mands were to cease, and the spirit of loyalty and obedience to the monarchical government, to revive. Accordingly, in this Assembly, Montrose argued against the new impetus, proposed in the demands that the most important prerogatives of the Crown should be transferred to the Parliament. From the principle of this opposition he never swerved. Archibald John- ston himself tells us that, in the Parliament of 1640, — " Montrose did dispute against Argyle, Rothes, Bal- merino, and myself; because some urged, that, as long as we had a King, we could not sit without him ; and it was answered, that to do the less was mure lawful than to do the greater." In that same year, Montrose 394 MONTROSE AND THE COVENANTERS. accompanied the covenanting army across theborders, but with the determination, — as slenderly concealed from the leaders of the Movement as their ultimate objects were from him, — that with his concurrence and consent the Throne should not be assailed. Immediately fol- lowed those corroborations of his worst suspicions, which came to him in the manner disclosed in the manu- scripts containing the details of his conferences with the minister of Methven, and his conversation with the Lord Lindsay. This period of Montrose's public career only brings him to the twenty-ninth year of his age, and had the change, which now came o'er the spirit of his dream, no better foundation than the caprice and inconsistency of an ardent youth, even then the circumstances of his early career could not be fairly brought under thecategory of political iniquity. But it is impossible, we think, to peruse the contemporary records now produced, without being persuaded that Montrose was conscientiously jus- tified in all he did, and all he wished to do, for the safety of the Throne, at the crisis in question. It was David Hume who said of him that, — " Something, however, of the vast and unbounded characterized his actions and deportment, and it was merely by an heroic effort of duty that he brought his mind, impatient of superiority, and even of equality, to pay such unlimited submission to the will of his Sovereign." * But had our great historian seen the documents we have quoted, and those we are about to quote, perhaps he would have said that extreme loyalty, and even a romantic idea of monar- chical government, characterized Montrose, and that * History of England, vii. 182. 3 MONTROSE'S PRINCIPLES. 395 only by an heroic effort, of what he conceived to be his dnty to his country, was he, for a time, placed in opposition to the measures of the Court. The circum- stances of Montrose's education, hitherto unknown, also afford an explanation, of these different phases of his career, that tends to redeem them from the charge of mere caprice and selfishness. With a very few alarmists of the year 1637, zeal for the Covenant had been untainted by one anti-monarchi- cal feeling, and the dismay of such, on discovering their error, may be better understood than described. Of this number was Lord Napier. That excellent and pious nobleman had been reared by his father, the great anti-papistical writer of his day, (who con- sidered his immortal discovery of the Logarithms as nothing in comparison with his exposition of the Apocalypse,) in all due abhorrence of the Pope, and perhaps in more than due dislike of prelatic digni- ty and power,* but at the same time so loyally as to be consigned while yet a youth into the hands of James VI., who, on his deathbed, recommended him to " baby Charles," as one " free of partiality or any fac- tious humour." And accordingly we find that Napier, both before and after the excited period when he too joined in covenant with a masked faction, was busied with his favourite subject, and one which we are now apt to consider as the very antipodes of covenanting politics, namely, " elaborate discourses" to prove the divine right of kings. Montrose, again, was educated * See Lord Napier's views on the subject of prelatic power, in his MS. quoted in our Introduction, p. 67. Montrose's opposition had clearly commenced on the same grounds. " Bishops, 1 care not for them. T never intended to advance their interest," — he declared before his death. —See Vol. ii. p. b39. 390 MONTROSE AND THE COVENANTERS. under the superintendence of this philosophical and spe- culative nobleman, and, obviously from that source, had deeply imbibed the same exalted, it may be impractica- ble, theories of Monarchy — theories which neither had Montrose, in all his covenanting excitement, ever dreamt of practically impugning. But when Napier and Mon- trose discovered the anti-monarchical and destructive tendency of the Movement, they instantly endeavoured to rectify their false position by, as it proved, the vain and dangerous expedient of a private association in defence of the Throne. Hence arose the few Conser- vatives of 1640-1, by which we mean not the loyalists, who, like Huntly and the memorable barons of the north, were always inimical to the Covenant, nor yet the well-meaning bewildered waverers of the Scotch aristocracy, but those few conscientious patriots, who, having zealously joined in a Covenant teeming with holy and loyal professions, did, when they discovered its practical working, turn from it with disgust, and earnestly struggled to save the King. But, on the subject of the political principles by which Montrose was actuated, he shall be allowed to speak for himself. The following letter has never been published or noticed before. Yet, whether well found- ed or not in its uncompromising estimate of the divine right of kings, that letter affords an unequivocal speci- men of lofty principles and generous feelings, historical learning, and classic taste. It appears to have been written during the treaty of London, in 1640-1, at the very period of Archibald Johnston's secret correspon- dence, disclosed in a former chapter. montrose's principles. 397 " Noble Sir, " In the letter you did me the honour to send me, you move a question in two words, to give a satisfac- tory answer to which requires works and volumes, not letters. Besides, the matter is of so sublime and trans- cendant a nature as is above my reach, and not fit for subjects to meddle with, if it were not to do right to sovereign power, in a time when so much is said and done to the disgrace and derogation of it. Neverthe- less, to obey your desire, I will deliver my opinion, first concerning the nature, essential parts, and practice of the supreme power in government of all sorts. Se- condly, I will shew wherein the strength and weakness thereof consists, and the effects of both. Thirdly, I will answer some arguments and false positions main- tained by the impugners of royal power, and that with- out partiality, and as briefly as I can. " Civil societies, so pleasing to Almighty God, can- not subsist without government, nor government with- out a sovereign power, to force obedience to laws and just commands, to dispose and direct private endea- vours to public ends, and to unite and incorporate the several members into one body politic, that with joint endeavours and abilities they may the better advance the public good. This sovereignty is a power over the people, above which power there is none upon earth, whose acts cannot be rescinded by any other, instituted by God, for his glory and the temporal and eternal happiness of men. This is it that is recorded so oft, by the wisdom of antient times, to be sacred and inviolable — the truest image and representation of the power of Almighty God upon earth — not to be bounded, disputed, meddled with at all by subjects, who can never handle it, though never so warily, but it is thereby wounded, and the 398 MONTROSE AND THE COVENANTERS. public peace disturbed. Yet it is limited by the laws of God and nature, and some laws of nations, and by the fundamental laws of the country, which are those upon which sovereign power itself resteth, in prejudice of which a King can do nothing, and those also which secure to the good subject his honour, his life, and the property of his goods. This power, (not speaking of those who are Kings in name only, and in effect, but Principes Nobilitatis or Duces Belli, nor of the arbi- trary and despotic power, where one is head and all the rest slaves, but of that which is sovereign over free subjects,) is still one and the same, in points essential, wherever it be, whether in the person of a monarch, or in a few principal men, or in the Estates of the people. The essential points of sovereignty are these : — To make laws, to create principal officers, to make peace and war, to give grace to men condemned by law, and to be the last to whom appellation is made. There be others, too, which are comprehended in those set down, but because majesty doeth not so clearly shine in them they are here omitted. These set down are inalien- able, indivisible, incommunicable, and belong to the sovereign power primitively in all sorts of govern- ments. They cannot subsist in a body composed of individuities ; and if they be divided amongst several bodies, there is no government (as if there were many kings in one kingdom there should be none at all,) for whosoever should have one of these, were able to erase their proceedings who have all the rest ; for the having them negative and prohibitive in that part to him be- longing, might render the acts of all the others invalid, and there would be a superiority to the supreme, and an equality to the sovereign power, which cannot fall 4 montuose's principles. 399 in any man's conceit that hath common sense ; in speech it is incongruity, and to attempt it in act is pernicious. " Having in some measure expressed the nature of supreme power, it shall be better known by the actual practice of all nations, in all the several sorts of govern- ment, as well Republics as Monarchies. " The people of Rome, (who were masters of policy, and war too, and to this day are made patterns of both,) being an Estate popular, did exercise without controul- ment or opposition all the fore-named points essential to supreme power. No law was made but by the people ; and though the Senate did propone and advise a law to be made, it was the people that gave it sanc- tion, and it received the force of law from their com- mand and authority, as may appear by the respective phrases of the propounder, — quod faustum felixque sit, vobis populoque Romano velitis jubeatis. The people used these imperative words, esto sunto ; and if it were refused, the Tribune of the people expressed it with a veto. The propounder or adviser of the law was said rogare legem, and the people jubere legem. The elec- tion of officers was only made by the people, as appears by the ambitious buying and begging of suffrages, so frequent among them upon the occasions. War and peace was ever concluded by them, and never denoun- ced but by their Feciales with commission from them. They, only, gave grace and pardon, and for the last refuge, delinquents, and they who were wronged by the sentence of judges and officers, provocabant ad po- pulism. "So it was in Athens, and to this day among the Swissers and Grissons, the Estate of Holland, and all Estates popular. In Venice, which is a pure Aris- tocracy, laws, war, peace, election of officers, pardon 400 MONTROSE AND THE COVENANTERS. and appellation are all concluded and done in conciglio maggiore, which consists of principal men who have the sovereignty. As for the pregddi, and conciglio di died, they were but officers and executors of their power, and the Duke is nothing but the idol to whom ceremonies and compliments are addressed, without the least part of sovereignty. So it was in Sparta, so it is in Lucca, Genoa, and Ragusa, and all other Aristocracies, and, indeed, cannot be otherwise without the subversion of the present government. " If, then, the lords in Republics have that power essential to sovereignty, by what reason can it be denied to a prince in whose person only and primitively resteth the sovereign power, and from whom all lawful sub- altren power, as from the fountain, is derived ? " This power is strong and durable when it is tem- perate, and it is temperate when it is possessed, (with the essential parts foresaid) with moderation, and limita- tion by the laws of God, of nature, and the funda- mental laws of the country. It is weak when it is re- strained of these essential parts, and it is weak also when it is extended beyond the laws whereby it is bounded ; which could never be any time endured by the people of the western part of the world, and by those of Scotland as little as any. For that which Galba said of his Romans is the humour of them all, nee tot am. liberta.em nee totam servitutem pati possunt but a temper of both. Unwise princes endeavour the extension of it, — rebellious and turbulent subjects the restraint. Wise princes use it moderately, but most desire to extend it, and that humour is fomented by advice qf courtiers and bad councillors, who are of a hasty ambition, and cannot abide the slow progress of riches and preferments in a temperate government MONTROSE*S PRINCIPLES. 401 They persuade the arbitrary with reflexion on their own ends, knowing that the exercise thereof shall be put upon them, whereby they shall be able quickly to compass their ends, robbing thereby the people of their wealth, the King of the people's love due to him, and of the honour and reputation of wisdom.* The effects of a moderate government are religion, justice, and peace, — flourishing love of the subjects towards their prince in whose hearts he reigns, — durableness and strength against foreign invasions and intestine sedi- tion, — happiness and security to King and people. Theef- fect of a prince's power too far extended is tyranny, from the King if he be ill, if he be good, tyranny or a fear of it from them to whom he hath intrusted the manasr- ing of public affairs. The effect of the royal power re- strained is the oppression and tyranny of subjects — the most fierce, insatiable, and insupportable tyranny in the world — where every man of power oppresseth his neighbour, without any hope of redress from a prince despoiled of his power to punish oppressors. The people under an extended power are miserable, but most miser- able under the restrained power. The effects of the former may be cured by good advice, satiety in the Prince, or fear of infamy, or the pains of writers, or by some event which may bring a prince to the sense of his errors, and when nothing else can do it, seeing the prince is mortal, patience in the subject is a sovereign and dangerless remedy, who in wisdom and duty is ob- liged to tollerate the vices of his prince, as they do storms and tempests, and other natural evils which are * When Montrose and Napier were Covenanters, they considered that, in opposing the measures of the Court, they were defending Scotland, not against the encroachments of the Sovereign, hut against the purely selfish designs of Laud and Hamilton. VOL. L C C 402 MONTROSE AND THE COVENANTERS. compensated with better times succeeding. It had been better for Germany to have endured the encroachments of Ferdinand, and after his death rectified them, before they had made a new election, than to have brought it to desolation, and shed so much Christian blood by unseasonable remedies and opposition. But when a King's lawful power is restrained, the politic body is in such desperate estate that it can neither endure the disease nor the remedy which is force only. For princes lawful power is only restrained by violence, and never repaired but by violence on the other side, which can produce nothing but ruin to prince or people, or rather to both. Patience in the subject is the best remedy against the effects of a prince's power too far ex- tended, but when it is too far restrained, patience, in the prince, is so far from being a remedy that it for- ineth and increaseth the disease, for patience, tract of time, and possession, makes that which was at first rob- bery, by a body that never dies, at last a good title, and so the government comes at last to be changed. To procure a temperate and moderate government, there is much in the King and not a little in the people, for, let a prince never command so well, if there be not a correspondent obedience there is no temper. It is not the people's part, towards that end, to take upon them to limit and circumscribe royal power — it is Jupiter's thunder which never subject handled well yet — not to determine what is due to a prince, what to his people. It requires more than human sufficiency to go so even a way betwixt the Prince's prerogative, and the subjects' privilege, as to content both, or be just in itself, for they can never agree upon the matter, and where it hath been attempted, as in some places it hath, the sword did ever determine the question, which is to be avoided Montrose's principles. 403 by all possible means* But there is a fair and justifi- able way for subjects to procure a moderate govern- ment, incumbent to them in duty, which is to endea- vour the security oj 'Religion ana I just Liberties, (the mat- ter on which the exorbitancy of a prince's power doth work) which being secured, his power must needs be temperate and run in the even channel. * But,' it may be demanded, ' how shall the people's just liberties be preserved if they be not known, and how known if they be not determined to be such ?' It is answered, the laws contain them, and the Parliaments (which ever have been the bulwarks of subjects' liberties in monarchies) may advise new laws, against emergent occasions which pre- judge their liberties ; and so leave it to occasion, and not prevent it by foolish haste in Parliaments, which breeds contention, and disturbance to the quiet of the state. And if Parliaments be frequent, and rightly constituted, what favourite councillor or statesman dare misinform or mislead a King to the prejudice of a sub- ject's liberty, knowing he must answer it upon the peril of his head and estate at the next ensuing Parliament,! * Even temperate historians have indulged in the gross calumny, that " Montrose was unconscious that humanity is the most distinguished attribute of an heroical character." Malcolm Laing. We believe that Montrose uttered no more than the truth of himself, when he said — in expressions we here anticipate from an unpublished manuscript of his conversation with his clerical murderers on the eve of his execution — " I did all that lay in me to keep my soldiers back from spoiling and plundering the country ; and for bloodshed, if it could have been there- by prevented, I would rather it had all come out of my own veins." Mr Brodie, indeed, in a page so calumniously violent as to discredit history, (Vol. iv.p, 271,) is pleased to speak ofMontrose's " tcrrihlc ccngrtmce on Aberdeen for refusing the Covenant," totally oblivions that his own fa- vourite contemporary authority, Baillie, in reference to the very expedi- tion, says, " the discretion [i. e. humanity] of thai generous and noble youth was but too great." f This clause has clearly B reference to the constitution and proceed- 404 MONTROSE AND THE COVENANTERS. and that he shall put the King to an hard choice for him, either to abandon him to justice, or by protecting him displease the estates of his kingdom ; and if the King should be so ill advised as to protect him, yet he doth not escape punishment that is branded with a mark of public infamy, declared enemy to the state, and inca- pable of any good amongst them. " The perpetual cause of the controversies, between the prince and his subjects, is the ambitious designs of rule in great men, veiled under the specious pretext of Religion and the subjects' Liberties, seconded with the arguments and false positions of seditious preachers, 1st, that the King is ordained for the people, and the end is more noble than the mean ; 2d, that the con- stituter is superior to the constituent ; 3d, that the King and people are two contraries, like the two scales of a balance, when the one goes up the other goes down ; 4th, that the prince's prerogative, and the people's pri- vilege are incompatible ; 5th, what power is taken from the King is added to the Estates of the people. This is the language of the spirits of division that walk be- twixt the King and his people,* to separate them whom God hath conjoined, (which must not pass without some answer,) to slide upon which sandy grounds these giants, who war against the gods, have builded their Babel. " To the 1st: It is true that the true and utmost ends of men's actions (which is the glory of God and ings of the lawless conventions of the Scots Parliament in 1639 and 1640, when Montrose argued against Argyle, Rothes, Balmerino, and Archibald Johnston, and he seems to point at the favourite Hamilton, whom as well as Argyle, Montrose indicated an intention of impeaching in the Parliament of 1641, in presence of the King himself. * It is interesting to observe that these remarkable expressions also occur in Lord Napier's manuscript, quoted in our Introductory Chap- ter, p. 70. MONTROSE'S PRINCIPLES. 405 felicity of men) are to be preferred to all means directed thereunto. But there is not that order of dignity among the means themselves, or mid instruments compounded together. If it were so, and a man appointed to keep sheep, or a nobleman to be tutor-in-law to a pupil of meaner quality, the sheep should be preferred to the man, and the pupil to his tutor. To the 2d : He that constituteth so as he still retaineth the power to re- verse his constitution, is superior to the constituted in that respect ; but if his donation and constitution is absolute and without condition, devolving all his power in the person constituted, and his successors, what before was voluntary becomes necessary. It is voluntary to a woman to chuse such an one for her husband, and to a people what king they will at first ; both being once done, neither can the woman nor the people free themselves, from obedience and subjec- tion to the husband and the prince, when they please. To the 3d : In a politic consideration, the King and his people are not two, but one body politic, whereof the King is the head ; and so far are they from contra- riety, and opposite motions, that there is nothing good or ill for the one which is not just so for the other;* if their ends and endeavours be divers, and never so little ec- centric, either that king inclineth to tyranny, or that people to disloyalty, — if they be contrary, it is mere tyranny or mere disloyalty. To the 4th : The King's prerogative and the subjects' privilege are so far from incompatibility, that the one can never stand unless sup- ported by the other. For the Sovereign being strong, and in full possession of his lawful power and preroga- tive, is able to protect his subjects from oppression, and maintain their liberties entire, otherwise, not. On * Sec Introductory Chapter, p. 70. 406 MONTROSE AND THE COVENANTERS. the other side, a people, enjoying freely their just liber- ties and privileges, maintaineth the prince's honour and prerogative out of the great affection they carry to- wards him, which is the greatest strength against fo- reign invasion, or intestine insurrection, that a prince can possibly be possessed with. To the 5th : It is a mere fallacy, for what is essential to one thing cannot be given to another. The eye may lose its sight, the ear its hearing, but can never be given to the hand, or foot, or any other member ; and as the head of the na- tural body may be deprived of invention, judgment, or memory, and the rest of the members receive no part thereof, so subjects, not being capable of the essential parts of government properly and primitively belong- ing to the Prince, being taken from him, they can never be imparted to them, without change of the [monarchi- cal] government, and the essence and being of the same. When a King is restrained from the lawful use of his power, and subjects can make no use of it, as under a King they cannot, what can follow but a subversion of government, — anarchy and confusion ? " Now, to any man that understands these things only, the proceedings of these times may seem strange, and he may expostulate with us thus : ' Noblemen and gentlemen of good quality what do you mean ? Will you teach the people to put down the Lord's anointed, and lay violent hands on his authority to whom both you and they owe subjection, and assistance with your goods, lives, and fortunes, by all the laws of God and man ? Do ye think to stand and domineer over the people, in an aristocratic way, — the people who owe you small or no obligation ? It is you, under your natural prince, that get all employment pregnant of honour or profit, in peace or war. You are the subjects of his libera- Montrose's principles. 407 lity ; your houses decayed, either by merit or his grace and favour are repaired, without which you fall in con- tempt ; the people, jealous of their liberty, when ye deserve best, to shelter themselves, will make you shorter by the head, or serve you with an ostracism. If their first act be against kingly power, their next act will be against you ; for if the people be of a fierce nature, they will cut your throats, (as the Switzers did of old), you shall be contemptible, (as some of antient houses are in Holland, their very burgomaster is the bet- ter man ;) your honours — life — fortunes stand at the discretion of a seditious pr each er. And you, ye meaner people of Scotland, who are not capable of a republic, for many grave reasons, why are you induced by spe- cious pretexts, to your own heavy prejudice and detri- ment, to be instruments of other's ambition ? Do ye not know, when the monarchical government is shaken, the great ones strive for the garland with your blood and your fortunes ? whereby you gain nothing, but, in- stead of a race of kings who have governed you two thousand years with peace and justice, and have pre- served your liberties against all domineering nations, shall purchase to yourselves vultures and tigers to reign over your posterity, and yourselves shall endufie all those miseries, massacres, and proscriptions of the tri- umvirate of Rome, — the kingdom fall again into the hands of one, who of necessity must, and for reason of state will, tyrannize over you. For kingdoms acquired by blood and violence are by the same means enter- tained. And you great men, (if any such be among you so blinded with ambition), who aim so high as the crown, do you think we are so far degenerate from the virtue, valour, and fidelity to our true and lawful Sovereign, 408 MONTROSE AND THE COVENANTERS. so constantly entertained by our ancestors, as to suffer you, with all your policy, to reign over us ? Take heed you be not iEsop's dog, and lose the cheese for the sha- dow in the well.* And thou seditious preacher, who studies to put the sovereignty in the people's hands for thy own ambitious etids, as being able, by thy wicked eloquence and hypocrisy, to infuse into them what thou pleasest, know this, that this people is more in- capableof sovereignty than any other known : Thou art abused like a pedant by the nimble-witted noble- men, — go, go along with them to shake the present go- vernment,! — not for thy ends to possess the people with it, — but like (as) a cunning tennis-player lets the ball go to the wall, where it cannot stay, that he may take it at the bound with more ease.'t " And whereas a durable peace with England (which is the wish and desire of all honest men) is pretended, surely it is a great solecism in us to aim at an end of peace with them, and overthrow the only means for that end. It is the King's Majesty's sovereignty over both that unites us in affection, and is only able to reconcile questions among us when they fall. To en- deavour the dissolution of that bond of our union, is nowise to establish a durable peace, $ but rather to procure enmity and war betwixt bordering nations, where occasions of quarrel are never wanting, nor men ever ready to take hold of them. * Montrose was right. Hamilton and Argyle were both sneaking af- ter the crown of Scotland, and both were made " shorter by the head," as well as their King. f Meaning tbe monarchical form of government. X It Avas Cromwell who " took it at the bound." § How tbe democratic portion of the Scotch Commissioners, for the Treaty of London 1640-1, were endeavouring to destroy the prerogatives of the King, has been already illustrated in the chapter of Archibald Johnston's Secret Correspondence. MONTROSE'S PRINCIPLES. 440 .. Now, Sir, you have my opinion concerning your desire, and that which I esteem truth set down nakedly for your use, not adorned for public view. And if zeal for my Sovereign, and Country, have transported me a little too far, I hope you will excuse the errors pro- ceeding from so good a cause of Your humble servant, " Montrose." This is a remarkable letter to have been written by one recorded in our modern histories as " destitute of either public or private principle."* If the sentiments of Montrose, at that critical period before the King's visit to Scotland in 1641, were such as are recorded in the foregoing private letter, can it be true that the advice he was constrained to offer secretly to his sovereign was unprincipled, violent, and unpatriotic ? That the letter was written by Montrose, we have on the authority of a transcript (hitherto unpublished and un- noticed) in the handwriting of Wodrow himself, the well known champion of the Church of Scotland. The transcript is not addressed, nor dated, but the tenor * MrBrodie. This author, in the preface to his History, has many severe comments upon Mr Hume, for his" predisposition unfavourable to a calm inquiry after truth, and being impatient of that unwearied research, which, never satisfied while any source of information remains unex- plored, or probahility not duly weighed, with unremitting industry softs and collates," — and for allowing " his narrative to he directed by hi- predilections, and overlooking the materials from which it ought to have been constructed." In a corresponding degree, our Historiographer pa- rades his own researches " in the Advocates 9 Library at Edinburgh," &c. &c. Why, then, did Mr Brodie not construct his character of Montrose from such materials as the above letter, and various original manuscripts we have yet to produce, of which Mr Brodie would ^e^'lll to have been in total ignorance, although they were equally open to his researches in the collection of Manuscripts in the Advocates' Library? 410 MONTROSE AND THE COVENANTERS. proves that the letter must have been written before the great civil war broke out in 1642, and indeed before Montrose's imprisonment and persecution by the Co- venanters, during the last seven months of the year 1641. The letter is also curiously identified by the fact, that some of the sentences are the very same as some that occur in Lord Napier's manuscripts, now first produced from the Napier charter-chest. Its most probable date is the close of the year 1640, before the conclusion of the Treaty of London, the very period when Montrose and his conservative friends held those private consul- tations, on the state of the times and the perilous posi- tion of the monarchy, which will be disclosed in the following chapter. THE CONSERVATIVES OF 1640. 411 CHAPTER XIV. THE CONSERVATIVES OF 1640. Of Montrose's domestic life and habits few or no anecdotes are to be discovered. Indeed it is very plain, from the transactions we have illustrated, that since his return from his youthful travels, he could have enjoyed very little peace and quiet as a private individual.* * In the Napier charter-chest there is a deed which bears that, — " We, James Erie of Montrois, Lord Grseme and Mugdok, for the singular and special love and favour quhilk we haiff and bear to Lady Beatrix Graeme, our lawful sister, and for the better advancing of the said Lady Beatrix to ane honorable mareage, according to her rank and dignity," — obliges himself and his heirs to secure to the said Beatrix the sum of twenty thousand marks, for tocher. This con- dition, however, is added: " Providing always, likeas we haiff gcvin and grantit thir presents upon this special provision and condition, and no utherwyse, that, in case it suld bappin the said Lady Beatrix, — as God forbid, — to defyle her body, or join herself in mareage with any person without our special advyse and consent, then and in these cases, or uther of them, thir presents to be null." This deed is signed by Montrose himself, " at Auld Montrois, the 27th day of Merche 1039,"— the very time when he was in all the bustle and excitement of preparing for his march upon Aberdeen. — See before, p. 224. The object of her illustrious brother's solicitude, Lady Beatrix, became the wife of David, third Lord Maderty, and fairly won her twenty thou- sand marks. The following letter was kindly communicated to me by Miss Graham of Fintry, who is in possession of the original. Its date refers to a sub- sequent period of Montrose's history, but we may give it lure; it is ad- dressed to James Graham of Crago, younger brother of David Graham oi Fintry : " Loving Cossing, " There be so much amiss, and so many aliases committed, touching my directions thereat Old Montrois, (as Roberl Grseme in the same will Bhew \ (iii at greater Length,) as 1 must intreal you to take the pains to goe and put ane order to them, in such ane way as you shall think mosj f'tt. Foj VOL. I. 4] % MONTROSE AND THE COVENANTERS, His associates were principally Lord Napier and his family, including Sir George Stirling of Keir, who was married to Napier's eldest daughter, Montrose's niece. Even in their most domestic moments, how- ever, this family party were deeply engrossed with the troubles of the times, and with their fears for the stability of the monarchy. There were certain supper parties, at " Yule," that is Christmas, 1640, sometimes in Montrose's lodgings in Edinburgh, and sometimes in Lord Napier's house of Merchiston, where the question was anxiously discussed, in what manner the democratic movement could be arrested, and how the King could be persuaded to come to Scot- land in person, to satisfy the Scottish nation in the mat- ter of their Religion and Liberties, to put an end to " the particular and indirect practising of a few," and to the ruinous distractions of the country. There is a panel- led chamber in the old Castle of Merchiston, in high preservation, among the ornaments of whose curiously stuccoed roof is yet to be seen the crown and cypher of King Charles. Here had been held some of those con- servative symposia, of which history has so darkling a conception under the name of " the Plot," a chapter of the times the secret history of which we have now to develope. The names of popular agitation, by which Montrose and his friends were usually designated at the time, were, " the Banders and Plotters," alluding to the the particulars I will be sparing, and only remitt you to what you may learn at greater length ; and continue " Your very loving Chief, " Montrose." " 20th October 1642. " 1 must earnestly intreat you to contrive that Mackintosh doe not dishonour himself, and wrong us all, by living thus abused with Argyle." Mackintosh of that ilk was married to the daughter of David Graham of Fintry. This letter was written shortly before Montrose's interview with the Queen at Newcastle — See Vol. ii. pp. 185-192. THE CONSERVATIVES OF 1640. 413 Cumbernanld bond, and to the private meetings of Mon- trose and bis loyal relatives. The object, and result, of this plot appear to have been Charles I.'s memorable, and, as it proved, fatal visit to Scotland in the year 1641. Clarendon declares himself unable to fathom " the ground of his Majesty's so positive and unalter- able resolution of going to Scotland" at this time. Nor was Sir Philip Warwick aware of the secret history of that unfortunate progress. " The Scots," says he, in his memoirs, " having been for so many months, and for so ill ends, with so much dishonour, kept in the bowels of this kingdom, and at last dismissed with a brotherly kindness of L. 300,000, which they had scarcely ever seen before, at least as being given or paid by England, new reasons must be found for another journey, for his Majesty to go into Scotland ; and, ac- cordingly, his Majesty went into that kingdom, and made a residence there of about three months and up- wards, which he only spent in confirming all they had done, and in giving titles of honour unto those that had most demerited of him ; amongst whom the Marquis Hamilton was made Duke."* * Sir Philip Warwick seems to have entertained no doubt whatever of Hamilton's dishonesty. The following letter, to Aboyne in the north, is a curious illustration of the favourite's double-dealing : " My Lord, — Would God I received your letter a few days sooner, and then I would have been the messenger myself; for, not having any hopes qf a party in those quarters, I had sent 3500 of my best men to Berwick, for a present design that is intended by his Majesty. So it will be now some days before those troops return to me. In the interim, if you can- not secure yourself where you are, you shall be welcome to me : but for the sending of any ships to you at this present, / cannot, though shortly it iikii) be \ on see some in those quarters. I dare not write what I would, for fear it should not come safe to your hand : only this, rest assured that it will not be long before his Majesty himself declare himself in that way which will not please the Covenanters; and power he hath to curb their insolencies, if they continue in them. Your part hath been such as you 414 MONTROSE AND THE COVENANTERS. It will be remembered that, on the 7th of June 1641, Sir Thomas Hope, under the signature A. B., wrote to Archibald Johnston an account of the seizure of one Walter Stewart, out of the pannel of whose saddle was taken a letter from the King to Montrose. This mes- senger was understood to be coming from the King ; yet such was the state of affairs in Scotland, that a pri- vate hint from Archibald Johnston in London, to Bal- merino in Edinburgh, sufficed to accomplish the way- laying, taking prisoner, and rifling, any one of his Ma- jesty's subjects who might attract the particular notice of these few dominant Covenanters. That party were at the very time professing the most perfect loyalty and obedience to his Majesty. Yet Sir Thomas Hope, who extorted a pardon from this same Walter Stewart for propagating a report that he, Sir Thomas, had ut- tered something derogatory to the King's person and authority, writes privately to Archibald Johnston, what he calls a tale worth telling twice, namely, that, at nine o'clock at night, in Balmerino's lodgings, Stewart hav- ing " denied he had any more papers than were in his cloth-bag, there was a leather bag found in the pannel of his saddle, wherein was a letter from the King to Montrose." The contents of this letter, much as was made of the fact of thus finding it, were never suffered may expect that reward which a deserving servant and a loyal suhject justly deserves and merits : what I can contribute thereto, look for it from your Lordship's faithful friend and servant, " Leith Road, \th June"'' 1639. " Hamilton." Original, MS. Advocates' Library. — I was only aware of this very cu- rious letter (which will not be found in Burnet) after the remarks which it properly illustrates had been sent to press. Compare with p. 255, 261, 272, 278, 280, where it will be seen that the King, in May 1639, tells Ha- milton to " uphold my party in the north ;" and yet, on the 4th of June thereafter, Hamilton excuses himself to Aboyne, by pretending that he had not "any hopes of a party in those quarters." THE CONSERVATIVES OF 1640. 415 to transpire, and, consequently, we may be certain that they were such as by no arts of democratical miscon- struction could be made a handle of public agitation, either against the King or his loyal adherents. What renders the scene still more singular is, that, Sir Tho- mas Hope was the son of his Majesty's Advocate ; and Balmerino was the very man whom that same Lord Advocate had brought under the King's mercy a few years before. To assist these midnight inquisitors, a third is sent for, one Edward Edgar, who, from a bur- gess and bailie of Edinburgh, had been elevated into a committee-man, and who appears to have been one of those subservient cyphers, the use of which were to give numerical value to such committee digitals as Balmerino and Hope. This upon the present, as upon various other occasions, was the whole representation of the Parliament, Government, Religion, Liberties, Laws, and unanimous covenanting zeal, of Scotland. All the arts of intimidation, or persuasion, employed to obtain such information from Walter Stewart as best suited their purpose, it is of course impossible to know. But even in their own secret records of the mat- ter, which shall presently be laid before the reader, une- quivocal symptoms may be detected of the working of such arts upon the weak mind of Walter Stewart, who seems to have unbosomed himself, both of truth and falsehood, under the influence of no slight alarm for his personal safety. After all, however, his infor- mation only amounted to this, that he had been occa- sionally at supper, sometimes in Montrose's house, and sometimes in Napier's, in company with Sir George Stirling and Sir Archibald Stewart, and that he had, upon those occasions, been intrusted with some instruc- tions to Traquair at Court, the object of which was to induce the King to come in person to Scotland, and, # 416 MONTROSE AND THE COVENANTERS. after settling the peace of that kingdom, to bestow some of the offices of state upon Montrose and his friends. Moreover, certain scraps of paper were found in his pockets, scrawled over with enigmatical terms and cyphers, which he declared were the instructions dictated to him, in that mysterious form, by Montrose himself in presence of his friends. Upon this ridiculous evidence the few who then governed Scotland, acting under the secret instiga- tion of Archibald Johnston, and at the nod of Argyle, immediately seized Montrose, Napier, Sir George Stirling, . and Sir Archibald Stewart, and, although the separate declarations, of these noblemen and gentlemen, deprived the committee of the slightest pretext for instituting any proceedings against them, they were all sent, in the most public and ignominious manner, as state prisoners, to the Castle of Edinburgh. A violent popular agitation was immediately com- menced against them ; and Montrose in particular, the grand object being his destruction, was held up to pub- lic execration as one guilty of designs so deep and dark, against the liberties of his country, and the lives of her best patriots, as to be left to the imagination to con- ceive, rather than to be plainly uttered. " The Plot- ters" now became a title of more dire and disgraceful import than " the Banders/' The burnt bond itself was raised from its ashes to swell the cry, and the whole mystery of iniquity was confusedly mixed up with the leasing-making of John Stewart of Lacfywell, the unhappy man at this time awaiting his doom for the alleged attempt to bring Argyle himself to the block. Malcolm Laing has hitherto obtained credit for having thoroughly sifted the history of these cloudy transactions, and his epitome of them has long past cur- THE CONSERVATIVES OF 1640. 417 rent, as containing all the facts and the real state of the case. I shall quote the entire passage, that it may be contrasted with all the secret details with which we are fortunately enabled to illustrate the subject of Mon- trose's defection from " the Cause." " The Scots," says Mr Laing, " in consequence of a solemn obligation inserted in their covenant, to abstain from separate, or divisive measures, had hitherto pre- served a degree of union perhaps unexampled, to which they were principally indebted for their past success. But for an opportune discovery that union was almost dissolved. Impatient of a superior, and conscious of military talents unmarked by his countrymen, Montrose was unable to brook the pre-eminence of Argyle in the senate, or of Lesly in the field. His expectations of the supreme command were disappointed ; and, at Berwick, the returning favour of his sovereign had regained a nobleman, originally estranged from the Court by neglect, and detached from the Covenant by secret disgust. His correspondence with Charles was detected during the treaty of Rippon ; and a bond, or counter association, was discovered, to which he had procured the subscription of nineteen peers. The Committee of Estates were averse to division, and dis- posed to rest satisfied with the surrender and formal renunciation of the bond ; conciliatory measures were disappointed by a report, which Montrose had propa- gated, injurious to Argyle. Stewart, commissary or judge of the consistorial court of Dunkeld, was pro- duced as his author, according to whose information, Argyle, in the presence of the Earl of Athol, and eight others his prisoners, declared that the Estates had con- sulted divines and lawyers, and intended to proceed to the deposition of the King. An allegation so little re- concileable with his characteristical prudence was sus- 418 MONTROSE AND THE COVENANTERS. ceptible of a complete and immediate proof. But the fact was denied by the witnesses present, and retracted by Stewart, who was arraigned and convicted on a train of statutes which were sanguinary then ; and to the alternative of confirming the public report, that he had been induced to retract the charge by an assurance of life, Argyle inhumanly preferred the execution of those iniquitous laws on which Balmerino was condemned. Stewart's information had been secretly transmitted by Montrose to court ; but the messenger, on his return, was intercepted by Argyle. Whether the facility with which the King might assume the command of the army, or acquire an ascendancy by his presence in Parliament, was suggested by Montrose, the discovery of an obscure correspondence in cypher excited a gene- ral alarm. The King, on his arrival in Scotland, had the mortification to find that Montrose and his friends were imprisoned in the Castle, and the detection of the Banders and Plotters had exasperated the prosecution against incendiaries.""* Thus tenderly, for Argyle and the Covenanters, and unjustly for " Montrose and his friends," has the his- tory of those transactions been epitomized. We ven- ture to think that there is more of antithesis than of impartial or well informed history in the above impos- ing passage. No doubt the Covenant itself was one monstrous " solemn obligation to abstain from separate and divisive measures." But as for the union it pre- served, that immediately resolved into the secret poli- cy of a few powerful factionists, for their own private ends ; and when Mr Laing says, that " the Commit- tee of Estates were averse from division," he is merely * History of Scotland, Vol. i. p. 192. / THE CONSERVATIVES OF 1640- 4*19 glossing over the fact that Argyle and his subservient agitators would brook no independent, enlightened, or honest patriot in their councils. The terms of Mon- trose's bond, which this author had not seen, would have informed him that it was caused by the divisive measures of the " prime Covenanters" themselves, act- ing against the professed spirit and objects of that anomalous deed of national obligation, out of which they were carving their fortunes to the ruin of their country. Moreover, Mr Laing has assumed the mean- est motives, for Montrose's opposition, which he could not prove, and, in reference to the leasing-making of the unfortunate Commissary, and the whole merits of the case against " the Plotters," he appears to have been totally uninformed in point of fact. The true version of all these matters, which the documents al- ready produced have in some degree elucidated, we proceed still further to develope from original manu- scripts. It will be found that the secret history of the fate of Stewart of Ladywell leaves no stain upon the character of Montrose, but casts a dark shadow upon that of Argyle ; that the evidence extorted from Walter Stewart, in so far as it was made the pretext for sending Montrose and his friends to pri- son, were falsehoods of the most puerile nature, and moreover, were completely refuted, and sifted from the truth, by the separate depositions upon oath of Montrose, Napier, Keir, and Blackball, even before their incarceration ; that, nevertheless, in the pro- secution of their design against Montrose, the co- venanting government proceeded upon the single tes- timony of Walter Stewart, a man neither of honesty nor courage, while they treated with contempt theconcurring testimony of four of the most honourable and highest 420 MONTROSE AND THE COVENANTERS. minded men in Scotland. That evidence, carefully kept secret at the time, shall be brought to light in the sequel. Here we intend to lay before the reader, from the Napier charter-chest, the contents of manuscripts illustrative of what passed at those supper parties, and informing us who were the individuals solely answer- able for this conservative plotting. The following is from a manuscript in the hand- writing of Lord Napier himself, and which, with his other manuscripts to be produced, has been buried in the archives of his family from that moment to this, while our historians have been ingeniously recording their various versions of " the Plot." " The Earl of Montrose, Lord Naper, Sir George Stirling of Keir,* and Sir Archibald Stewart of Black- hall, knights, having occasion to meet often, did then de- plore the hard estate the country was in ; our Religion not secured, and with it our Liberties being in danger, — Laws silenced, — Justice, and the course of Judicato- ries, obstructed, — noblemen and gentlemen put to ex- cessive charges above their abilities, and distracted from their private affairs, — the course of traffic interrupted to the undoing of merchants and tradesmen, — moneyed men paid with faylies and suspensions,! — and, besides these * Sir George Stirling, Napier's son-in-law, was a high-spirited baron of ancient descent. His domains in Menteth have been recorded by Sir Walter Scott as " the lofty brow of ancient Keir." Sir Archibald Stew- art of Blackball and Ardgowan was a Lord of Council and Session. Keir's sister, Alary Stirling, was married to Blackball. — Strathallan MS. f That this was no fanciful view taken by Montrose and Lord Napier of the state of the country, we may learn from a passage in a letter of Baillie's, so early as the month of April 1638, when that Covenanter, in the very midst of his admiration and excitement on the subject of the movement, exclaims, with the mixture of shrewdness and simplicity cha- racteristic of him, — " our country is at the point of breaking loose, our laws 1 THE CONSERVATIVES OF 1640. 421 present evils, fearing worse to follow, — the King's autho- rity being much shaken by the late troubles, — knowing well that the necessary consequences and effects of a weak sovereign power are anarchy and confusion, the tyranny of subjects, the most insatiable and insupport- able tyranny of the world, — without hope of redress from the Prince, curbed and restrained from the law- ful use of his power,— factions and distractions within, — opportunity to enemies abroad, and to ill affected sub- jects at home, to kindle a fire in the state which hardly can be quenched (unless it please the Almighty of his great mercy to prevent it) without the ruin of King, People, and State. * " These sensible evils begot in them thoughts of re- medy. The best, they thought, was, that if his Majesty would be pleased to come in person to Scotland, and give his people satisfaction in point of Religion, and^'w.stf Liber- ties, he should thereby settle his own authority, and cure all the distempers and distractions among his subjects. For they assured themselves that the King giving God his due, and the people theirs, they would give Caesar that which was his. While these thoughts and discourses were entertained among them, Lieutenant Walter Stewart came to the town, who was repairing to court about his own business. Whereupon it was thought expedient to employ him to deal with the Duke of Len- nox (being a Stuart, and one that was oft at court they thought, but were deceived, that he was well known to the Duke) to persuade his Majesty's journey to Scotland this twelve months have been silenced, divers misregard their creditors, our Highlands are making ready their arms, and some begin to murder their neighbours." * This was prophetic. It will be observed that some of the expres- sions in this statement are the same with some used by Montrose in his Letter upon Sovereign Power. 422 MONTROSE AND THE COVENANTERS. for the effect foresaid. This was the Lieutenant's em- ployment, and nocht else, although there was some other discourses to that purpose in the bye, as, that it was best his Majesty should keep up the Offices* vacand, till his Majesty had settled the affairs here; and the Lieutenant proponed this difficulty, that our army lay in his way, and that his Majesty could not in honour pass through them ; to which he got this present reply, that our Com- missioners were at London, — if the King did not agree with them, his Majesty would not come at all, — but if he did agree, the army should be his army, and they would all lay down their arms at his feet. There is no man so far from the duty of a good subject, or so void of common sense, as to quarrel this matter. But the manner is mightily impugned, and aggravated by all the means that the malicious libeller can invent. It is bonum, says he, no man so impudent as can deny it ; but it is not bene, and, therefore, " The Plotters," — for with that odious name they design them, — ought to be punished with loss of fame, life, lands, goods and gear, and be incapable of place, honour, or preferment, — a sore sentence any man will think, after the matter be well tried and discussed."! The sole object, then, of " the Plot," was to save the monarchy, and the best interests of the country, from that rampant democracy of which they eventually be- came the prey ; and the simple design was to persuade his Majesty to come in person to Scotland, to satisfy the people on the subject of " Religion and Liberties," and then to save the prerogatives of the Crown from the lawless attacks of a grasping faction. For this it * The Offices of State. t Napier Charter-chest. MONTROSE'S ADVICE TO CHARLES I. 423 was that Montrose and his friends were sent to prison, and persecuted so long. Yet we are told, by the noble author of " Some Memorials of John Hampden," in re- ference to this very imprisonment, — " Montrose had been thrown into confinement, by the Parliament of Scotland, for a complication of proved offences of the highest sort" — such is Lord Nugent's fiat on the subject : " Charles had been corresponding with an unprincipled violent faction in Scotland, — a strange letter from the Earl of Montrose, whose ambitious designs were now generally suspected, had been discovered," — such is Mr Brodie's. But what if this letter, here so con- veniently characterized as " strange," contained the purest and soundest advice, conveyed in the noblest expressions ? Mr Brodie intimates that the disco* very of this strange letter was a cause why the Com- mons of England so vehemently resisted the sudden resolution formed by Charles of visiting Scotland in the year 1641. We know not precisely to what let- ter our historiographer refers, and doubt much if he himself had any precise knowledge on the subject. But are we to believe the simple statement, of the mo- tives and objects of Montrose and his friends, left by Lord Napier in his private notes, or the wild and vio- lent theories of modern party writers ? Was the secret correspondence, of " the Plotters" with their Sovereign, unprincipled, violent, and strange, or did it breathe the very soul of lofty integrity and disinterested patriotism? Let the original draft, also in the handwriting of this Lord Napier, of a letter, — now for the first time brought to light, — and which we may well believe influenced that sudden and hitherto unaccountable determina- tion of Charles, against every remonstrance of the Lords and Commons of England, to place himself in the hands 424 MONTROSE AND THE COVENANTERS. of his rebel subjects in Scotland,* — the letter which emanated from those family parties with Montrose and Napier, — speak for itself. " Sir, — Your antient and native kingdom of Scot- land is in a mighty distemper. It is incumbent to your Majesty to find out the disease, remove the causes, and apply convenient remedies. The disease, in my opinion, is contagious, and may infect the rest of your Majes- ty's dominions.! It is the falling sickness, for they are like to fall from you, and from the obedience due to you, if, by removing the cause, and application of whole- some remedies, it be not speedily prevented. The cause is a fear and apprehension, not without some reason,\ of changes in religion, and that superstitious worship shall be brought in upon it, and therewith all their laws infringed, and their liberties invaded. Free them, Sir, from this fear, as you are free from any such thoughts, and undoubtedly you shall thereby settle that State in a Jirm obedience to your Majesty in all time coming. * See Clarendon's history of that period, where he says, " Neither was the ground of his Majesty's so positive and unalterable resolution of going to Scotland sufficiently clear to standers by, wbo thought he might have transacted the business of that kingdom, where he could not rea- sonably expect any great reverence to his person, better at a distance, and that his presence might be more necessary in this." -f- This was prophetic, and reminds us of Clarendon's expression, the small cloud in the " north," which expanded to the storm that desolated England. X It is worthy of remark, that the philosophic Hume, penetrating through all the mists of passion and prejudice accumulated on the subject through the intervening generations, arrived at the same rational estimate of the matter, and expressed it almost in the same words, that Montrose and Napier had done at the time. " Amidst these dangerous complaints and terrors of religious innovation, the civil and ecclesiastical liberties of the nation were imagined, and with some reason, not to be altogether free from invasion." — Hist. Vol. vi. p. 323. montrose's advice to charles i. 425 They have no other end but to preserve their Religion in purity, and their Liberties entire. That they intend the overthrow of monarchical government is a calum- ny.* They are capable of no other, — for many and great reasons, — and ere they will admit another than your Majesty, and," after you, your son, and nearest of your posterity, to sit upon that throne, many thousands of them will spend their dearest blood. You are not like a tree lately planted, which oweth the fall to the first wind. Your ancestors have governed there, without interruption of race, two thousand years, or thereabout, and taken such root as it can never be plucked up by any but yourselves. If any other shall entertain such treasonable thoughts, which I do not believe, certainly they will prove as vain as they are wicked. " The remedy of this dangerous disease consisteth only in your Majesty's presence for a space in that kingdom. It is easy to you in person to settle these troubles, and to disperse these mists of apprehension and mistaking, — impossible to any other. If you send down a Commissioner, whate'er he be, he shall neither give nor get contentment, but shall render the disease incurable. The success of your Majesty's affairs, — the security of your authority, — the peace and happiness of your subjects, depend upon your personal presence. The disease is of that kind which is much helped by conceit [imagination], and the presence of the physi- cian. Now is the proper time, and the critical days ; forthe people lovechange, and expect from it much good, — a new heaven and a new earth, — but, being disap- pointed, are as desirous of a re-change to the former * This is stated in favour of the Scottish nation generally, not of the covenanting faction. 426 MONTROSE AND THE COVENANTERS. estate.* Satisfy them, Sir, in pointof Religion and Li- berties, when you come there, in a loving and free man- ner, that they may see your Majesty had never any other purpose, and doth not intend the least prejudice to either. For religious subjects, and such as enjoy their lawful liberties, obey better, and love more than the godless and servile, who do all out of base fear, which begets hate. Any difference, that may arise upon the acts passed in the last Parliament,! your Majesty's pre- sence, and the advice and endeavours of your faithful servants, will easily accommodate. Let your Majesty be pleased to express your favour, and care of your sub- jects' weal, by giving way to any just motion of their's for relief of the burdens these late troubles have laid upon them, or by granting what else may tend to their good, which your Majesty may do with assurance that therein is included your own. " Suffer them not to meddle or dispute of your power ^ — it is an instrument never subjects yet handled well. Let not your authority receive any diminution of that which the law of God and nature, and the fundamen- tal laws of the country alloweth : For then it shall grow contemptible, — and weak and miserable is that people whose prince hath not power sufficient to punish oppression, and to maintain peace and justice. On the other side, aim not at absoluteness : It endangers your * This obviously alludes to the false excitement, created by the Cove- nant, beginning- to subside, and the people to find that, after all the de- clamation of their preachers, they were not so well off under the Commit- tee Government of Scotland, as they had been under the King and Council. f The illegal convention of June 1640, in which Montrose disputed against the democratic faction. + A most important advice, as we shall find, referring to the determi- nation of the covenanting faction to rob the King of his prerogative of dispensing the Offices of. State. MONTHOSE'S ADVICE TO CHARLES I. 427 estate, and stirs up troubles : The people of the western parts of the world could never endure it any long time, and they of Scotland less than any.* Hearken not to Rehoboam's councillors, — they are flatterers, and there- fore cannot be friends, — they follow your fortune, and love not your person, — pretend what they will, their hasty ambition and avarice make them persuade an absolute government, that the exercise of the same [may be put up] on them, and then they know how to get wealth, — f " Practice, Sir, the temperate government. It fit- teth the humour and disposition of the nation best. It is most strong, most powerful, and most durable of any. It gladdeth the heart of your subjects, and then they erect a throne there for you to reign, — -firmissimum imperium quo obedientes gaudent. Let your last act there be the settling the Offices of State upon men of known integrity and sufficiency.^: Take them not upon * Compare with Hamilton's letter, p. 247. f There is here a hiatus of about two lines in the manuscript, which appears to have suffered from fire. The blank may he thus supplied from a corresponding passage in the letter of Montrose, given in Chapter XIII. — " robbing thereby the people of their wealthy the King of the peo- ple's love due to him, and of the honour and reputation of wisdom." X The Scotch Commissioners of the treaty in London were at this time making the most outrageous and insulting demands upon the King's prerogative and personal freedom. '1 Ley demanded that he and the Prince should frequently reside in Scotland, and that ahout their persons and the Queen's should lie placed such as were not obnoxious to the covenanting faction. In the King's answers, which are exceedingly temperate and dignified, there i-- a coincidence of expression with the above letter. His Majesty most justly observes, that his " goodness and grace towards Ins subjects of Scotland, in plac- ing- of them ahout his own person in places of greatest nearness and trust, hath been such as ought to give lull satisfaction of Ids royal affec- tion towards Ins subjects of Ins native kingdom; and for dispatch of the affairs of Scotland, he hath, and so shall continue to use the service of 428 MONTROSE AND THE COVENANTERS. credit, and other men's recommendation, — they prefer men for their own ends, and with respect to themselves. Neither yet take them at hazard, — but upon your own knowledge, which fully reacheth to a great many more than will fill those few places. Let them not be such as are obliged to others than yourself for their prefer- ment, — not factious nor popular, neither such as are much hated, for these are not able to serve you well, and the others are not willing, if it be prejudice to those upon whom they depend. They who are prefer- red, and obliged to your Majesty, will study to behave them well and dutifully in their places, if it were for no other reason yet for this, that they make not your Ma- jesty ashamed of your choice. So shall your Majesty secure your authority for the present, and settle it for the future time, — your journey shall be prosperous, your return glorious, — you shall be followed with the bles- sings of your people, and with that contentment which a virtuous deed reflecteth upon the mind of the doer, — and more true and solid shall your glory be than if you had conquered nations, and subdued a people. — Pax una, triumphis innumeris potior.* " Axioms. " 1. All novations in Religion, and attempts upon the Laws and Liberties of the subjects, produceth dan- gerous effects. " 2. Sovereign power, in the person of one, few, or many, is the sole and only bond of human society. Never was there any company of men governed by reli- gion, nor reason, owing to the diversity of opinions about such of that nation as shall be of known sufficiency and integrity.'''' This reply was made in April 1641, after the King had announced his inten. tion of going to Scotland. — Contemporary transcripts of these negotia- tions, Ad. Lib. Wodrow's MS. LXXIII. * One truce is better than a thousand triumphs. MONTROSE'S ADVICE TO CHARLES I. 429 both. Nor by love or virtue, most men being wicked and inclined to hate. There must be a coactive power to force obedience to laws and just commandements. To weaken then this power is to dissolve society, over- throw government, and introduce confusion and dis- order. " 3. It is made weak when it is restrained too far within, and, it is weak also when it is extended be- yond, the true bounds : (like a strong signet of gold, which may be extended to a great length and breadth, to almost an airy thinness, but thereby is extremely weakened.) It is onlystrongand durable when it is tem- perate. " 4. The extent of kingly power is the step next to tyranny, if the prince be bad, — if good, to the tyranny of courtiers, — the restraint to anarchy, (whether he be good or bad,) and the tyranny and oppression of men of power in the kingdom. The tyranny of subjects, — being the most fierce, insatiable, and unsupportable ty- ranny, — procureth that solecism of state, a miserable people under a good and just king. " 5. Sovereign power is a sacred thing, — not to be defined, bounded, nor disputed of by subjects, — indeed not to be meddled with at all by them, — they wound it though they touch it never so tenderly. "6. Subjects ought only to endeavour the security of their own Laws and Liberties, whereby the sovereign power, without their endeavours, by necessary conse- quence, must run in its own true and natural channel, and keep a temperate course, wherein consisteth the joint happiness of King and subject. If it be short and restrained, it is good for both that it be enlarged till it meet with the subjects liberties and privilege, and there it ought to sist, for that is the true limits of it ; 430 MONTROSE AND THE COVENANTERS. and if it be exorbitant, the laws and liberties of the people (which is the subject an exorbitant power works upon) being secured, then there is no matter, use, nor force in that exorbitancy, — and therefore it must needs be temperate. " 7. The King and his people make up one body po- litic, whereof he is the head, they are the members, and so near is the relation that nothing is or can be imagin- ed good or ill for the one that is not just so for the other. If their ends and endeavours be never so little diverse, and eccentric, that prince inclineth to tyranny, or that people to disloyalty. " These maxims, and others of the like nature not truly understood and practised, is the source of all dis- orders in the State. Arguments drawn from them, and the like, are the best ingredients in a wholesome coun- sel to a King, or to subjects."* The coincidences, both in thought and expresion, be- tween this interesting letter, and the speech of Charles when opening the Parliament of Scotland upon this * Original MS. Napier charter-chest. This very interesting ma- nuscript is not signed or dated. Unquestionably, however, it is the original draft of a letter to Charles I. all in the hand-writing of the first Lord Napier, and, with the axioms, occupies three sides of a folio sheet. It must have been written before Charles announced to Na- pier his determination to visit Scotland. It is possible, that we here recover the substance of a letter to his Majesty inclosed in one which (as we shall afterwards find) Montrose sent by Walter Stewart to the Duke of Lennox, and that the letter from the King to Montrose, of which Stewart was robbed, had reference to the advice thus offered him. It will be seen that the above contains whole paragraphs identically the same with some in the letter from Montrose on the subject of Sove- reign Power. But whether what we thus discover in Lord Napier's hand-writing be a letter of his own to Charles I. or a draft of Montrose's made by Napier, or their joint composition, we cannot doubt (on com- paring it with all the manuscripts illustrative of this alleged plot,) that it contains the sum and substance of the advice which, upon the few occa- sions of their intercourse, Montrose then offered to his Sovereign. LETTER FROM CHARLES I. TO NAPIER. 43] memorable occasion,* are very remarkable, and tend to confirm the idea that his Majesty had received the let- ter, and that its contents had made a powerful impres- sion on his mind. It would have rendered our evi- dence, of the nature and principles of Montrose and Na- pier's plotting, very complete, could the letter have been discovered which Walter Stewart was brinffinff from Charles to Montrose, on the 4th of June 1641. Another letter, however, from his Majesty to Lord Napier, dated only about a fortnight earlier than the day on which Walter Stewart was seized, had reached its destination in safety, and probably without the knowledge of the tyrannical Committee. This appears from the original, which has been preserved with the other manuscripts in the Napier charter-chest. Let us see then in what dark terms Charles I. " tampered" with this " unprincipled violent faction in Scotland." " To our right trusty and well beloved Councillor, the Lord JVaper. " Charles. R. " Right trusty and well beloved, We greet you well. Having fully resolved to repair unto that our kingdom, for holding of the parliament the 15th of July next, — that we may satisfy our good subjects of our real in- tentions to settle all matters in a peaceable manner, as may most conduce for the weal of our kingdom, — so, having of late written unto our council there to meet and attend at Edinburgh to receive our further direc- tions, we have likewise, out of the former experience * The Kind's speech will be found in Rushwoith, Franklin, and in Balfour's Annals. 432 MONTROSE AND THE COVENANTERS. we have had of your affection to our service, thought fit to require you to stay constantly there, for giving directions as you shall find necessary for our reception and entertainment, and to attend our further pleasure, as it shall from time to time be imparted unto you ; and in the mean time that you advertise us back with your opinion what you find further requisite for this effect. Wherein expecting your ready care, we bid you fare- well. From our court at Whitehall, the 20th May 1641." Alas, " the Plotters" were sent to the Castle on the 11th of June thereafter, and when Charles arrived in Scotland he was welcomed only by his enemies. He had just been compelled to sign the death-warrant of his greatest statesman in England, and now, the few who struggled to save his honour, and his crown, in Scotland, were prisoners of the same merciless faction. And in that low-minded scramble, among the faction- ists, for place and power, which occurred ere Charles returned, he did "suffer them to meddle with his power," — a host of destructives triumphed over the con- servative sijmposia, and in the following year the very men among whom Charles had distributed honours and offices, with too lavish a hand, and some of whom then bedewed that hand with covenanting tears, raised a re- bel army, and joined the Rebellion in England. COVENANTING TACTICS. 433 CHAPTER XV. THE CASE AGAINST THE PLOTTERS. Though some of our modern historians sneer at the authority of Dr Wishart, while they rely upon contem- poraries infinitely more questionable, that loyal clergy- man was perfectly accurate in saying, that what- ever tales the Covenanters framed to answer their si- nister purposes, they wanted not proper instruments, always at hand, to spread them among the people. The noble author who, in our own times, so sententiously remarks, that prudential motives alone prevented * the Scots from publickly arraigning Montrose, is only right in a sense he did not intend, namely, that the faction having no case, in law or equity, against him whom they found so " very hard to be guided," pru- dently betook themselves to the meanest arts of tyran- nical democracy. The same system of unprincipled agi- * Lord Nugent, in his work entitled, " Some Memorials of John Hampden, his Party, and Times," (a characteristic of which is this cha- racter of Montrose, — " whose restless spirit was never stayed by any considerations, from pursuing, by any means of violence and fraud, the destruction of any man who thwarted his objects of intrigue, or obstruc- ted the views of his high-reaching ambition,") — records, as matte. of history, that Montrose " had been thrown into confinement by the Parliament of Scotland, for a complication of proved offences of the highest sort. He had the year before engaged himself in a plot to be- tray the covenanting army, with whom he was serving, because Iil> had failed in an attempt to procure the chief command, and prudential mo- tives alone prevented the Scots from publickly arraigning him for the act."— Vol. h. p. 94. VOL. I. E v 434 MONTROSE AND THE COVENANTERS. tation, — indicated by that secret letter in which Archi- bald Johnston is counselled to organize a popular tu- mult against certain bishops, if they dared to shew them- selves in public, — was carried through in their no less cowardly persecution of Montrose. When his conser- vative bond was detected, the public were inflamed without being informed, and Montrose condemned with- out being tried. The bond was burnt, as something too frightful for the public eye or ear, and then it was pronounced, even by the covenanting clergy, to be damn- able. It is to this system that Montrose himself al- ludes in the complaint : " that he was wronged by the scandal raised upon the bond ;" and when, elsewhere, he declared that " he was a man envied, and all means taken to cross him." But Lord Nugent would lead us to believe, that the time arrived when the Argyle faction acted more openly in their pursuit of Montrose, who, it seems, was now thrown into confinement by the Parliament of Scot- land, for a complication of proved offences of the high- est sort, and that of such offences he was openly convicted. Where, how, and when the proof of these offences was led, and the open conviction obtained, the biographer of Hampden does not explain. If there be a characteristic more marked than another, of the fac- tion with whom Montrose so nobly and so vainly con- tended, it is this, that in all their proceedings against incendiaries and delinquents, a fair and legal mode of investigation, a public and constitutional form of trial, consistent with the rules of law and the principles of justice, was by them cannily, or as Lord Nugent would say, prudently eschewed. The greatest crime with which Montrose could be charged was his intention of bringing to the light of day the skulking treason which COVENANTING TACTICS. 135 circumstances had pressed upon his attention. And even when he tried to ascertain the truth of what had so awakened his suspicions, it was with this "caveat" to his informer, " that he should rather keep himself within bounds than exceed."* Then it was most openly, be- fore his King and country in the assembled Parliament, that Montrose intended first to " clear himself at the Parliament and Assembly," and then to impeach even Argyle (who had raised against him the scandal of having framed a damnable bond) of " high treason in the highest manner." But, as he incautiously told a covenanting agitator, " he should do it in such a way as could not wrong the public, because he would not make his challenge till the public were settled, and then he should put it off himself, and lay it on those who had calumniated him." In other words, he would prove, in the face of day, and by the most constitutional means, that he was no traitor to his King and country, and that Argyle was. Is it for covenanting historians to speak of this as a complication of proved offences of the highest sort ? Contrast, with this head and front of Montrose's offending, the method of " the Patriots," under their great Justiciar Argyle. Archibald John- ston, — who confesses himself to be " one of the primest witnesses" in the very process he is so violently in- stigating, — writing to Balmerino, who was to be one of the primest judges, and who was president of all their inquisitorial committees, — urges ^uch instructions as these : " If any of us be accused here, think what to do with some there, seeing we hear it comes from Mon- trose :" Then, as for Traquair, and the rest of the in- cendiaries, " think on matters" against them,— try if * See the manuscripts quoted in the following chapter. 436 MONTROSE AND THE COVENANTERS. Traquair have removed the Regalia from the Castle,— it is clear treason if he have, — but let the accusation against him be kept close, without revealing to any, until the very day of his compearance, — pay the law- yers largely beforehand, — fye on those who will not be diligent in this, — rest not till Traquair be at the mercy of the Parliament and you, as you were at his, — God is going on in some hid way for his Son's crown, — Lord encourage and direct you ! — Was this not a conspiracy against the Laws and Liberties of the country, and blasphemy besides ? Was there no plotting here, worse than ever entered the imagination of Montrose ? Rumours of plots, as a means of keeping the public mind in a constant state of inflammation against those who were to be crushed, was one of the great arts of the covenanting movement, and our histories are still haunted by the murky calumnies that arose out of the system. The principal object of the clique, who worked the Committee of Estates in Edinburgh, when they extorted reiterated declarations and depositions from " the Plotters," was, not to protect and enlighten the community, but to keep themselves in possession of the power they had usurped, by raising phantoms in secret to delude and inflame the people. The abject confession, and cries for mercy, of the wretched John Stewart, en- abled the faction (as we shall find) to imbrue their hands in his blood, under a mockery of the forms of justice. But the high minds, the clear consciences, the indomitable spirits, of Montrose and his fellow pri- soners, were not to be so easily disposed of. They were committed to the Castle, with the most pub- lic parade of the faction. But all the evidence obtained against them, from themselves or others, was extorted COVENANTING TACTICS. 487 in secret (by the very persons who had been ordered, by Archibald Johnston, to " think what to do with them,") and ever afterwards kept from public investiga- tion. Then the very pulpits resounded with the alarm of their " wicked plots, desperate, devilish, and new." But in vain the plotters demanded a public trial, and the liberty of the subject. They were to be kept in prison until " this plot of the King coming himself to Scot- land," had terminated in that scramble for place and power, by which the Argyle faction became omnipo- tent, the King dethroned, and the rumour of a plot no longer necessary for the purposes of faction. And during that strict and solitary imprisonment of the purest pa- triots their country then possessed, plot upon plot was shadowed forth from the boiling cauldron of the Com- mittee of Estates. The plot was no longer to impeach Hamilton and Argyle before King and Parliament, — it was now to be " a woful misery, and bloody but- chery,"* — ruffians and cut- throats were to carry off and massacre Hamilton and Argyle, — " the Plot" passed into " the Incident," and for the picture of a parlia- mentary impeachment, by means of suborned witnes- ses, the more horrid phantasma is presented of Mon- trose bursting his prison doors, and leading a baud of midnight murderers. Nor is this a figurative descrip- tion of the rumour. Such was the excited statement of it transmitted by Baillie to his reverend correspond- ent abroad. England, too, who in the meaner arts of de- mocracy, took all her lessons from the " beggarly Scot,"f * Baillie's MS. quoted by Mr Brodie, Vol. iii. p. 147. f While the committees and agitators in Scotland, under the direc- tions of Archibald Johnston, and the auspices of Argyle and Hamilton, were inflaming the public mind with vague and mysterious rumours of (kspeiate and devilish plots, in whi< h the King was invariably implica- 438 MONTROSE AND THE COVENANTERS. became enveloped in this raging ocean of calumny ; and, it appears, when its muddy waters subsided, they had left a foul deposite, even among the collections of the great Clarendon, namely, that Montrose, — the impri- soned Montrose, — .imprisoned for the very purpose of preventing his approach to his Sovereign, and who, so long as Charles was in Scotland, was not suffered to see his own relations, without the knowledge and ex- press sanction of his persecutors, — had been, in person, at the ear of the most refined and christian monarch in the world, whispering councils of assassination, and " frankly offering" to do the deed himself. Thus three growths, as it were, of this vicious ca- lumny has entered history. There is first the Plot, by which is meant a secret combination of Montrose with Charles I. and Traquair, to overturn the covenanting constitutions, and to convict Hamilton and Argyle of high treason, by means of false evidence before the Parliament of Scotland. Next comes the Incident, being the phantom of a deeper and more extensively organized scheme, to massacre those Innocents, " in the hour of unsuspecting confidence ;" and, lastly, there is what we must call the Anecdote, (for nowhere, in that form, can the contemporary calumny now be traced, save ted, the puritanical party in England, under the leadership of Pym, were industriously working the same machinery, and even attempted to get up the very counterpart of the Scotch Covenant. The principal drift of the agitation about the Plot and Incident in Scotland, was to crush Montrose, and to ruin the King by implicating him in these alleged diabolical attempts. ^Simultaneously, the democrats in England were agitating there with the " Army Plot," the purpose of which systema- tically obscure scandal was to ensure the execution of Strafford, and impress the people with the belief of desperate designs on the part of Charles against the Liberties of the country. Mr Brodie, in his History of the British Empire, Vol. iii. revels, with a congenial spirit, in all this cloudy and calumnious trash. COVENANTING TACTICS. 439 in its unfortunate adoption by Clarendon,) in which Montrose is made to offer his services to his sovereign, as an assassin.* It will be remembered, that when Sir Thomas Hope so exultingly reports to Archibald Johnston the fact of Walter Stewart's capture, and his examination before Balmerino, Hope and Edgar, on the night of the 4th, or the morning of the 5th of June, he refers, for the particulars of the evidence, to the papers then trans- mitted to his democratic confidant. Among the manu- scripts of the Advocates' Library we find the secret correspondence then passing betwixt the Committee at Edinburgh and the Scotch Commissioners for the Treaty at London in 1641. In a letter dated 23d June of that year, the Committee write : " We have sent your Lord- ships an account of what has past in the examination of such as we have as yet fallen upon, which we entreat your Lordships not to divulge, except to those who treat with you, and the Parliament of England in case of ne- cessity, as we shall be your Lordships' affectionate friends to serve you." This system of secret dealing, so well sustained by the faction, while at the time it confer- red upon the covenanting judicatories the character and the power of a dark inquisitorial tribunal, has mis- led modern historians, less violent and precipitate than Mr Brodie, into much vague and darkling credulity, and to such ill-informed and extravagant conclusions as, — * This extraordinary and impossible scandal, left in manuscript by Lord Clarendon, and which has been published to the detriment both of that great historian and Montrose, will be more particularly examined afterwards. Most greedily does Mr Brodie adopt it, and gloat over it, in his interminable execrations of Montrose, " as having projected the assassination of Argyle and the Hamiltons, as well as the massacre of the Covenanters, [what, them all P]in an hour of unsuspecting confi- dence."—^'^, iv. 271. 440 MONTROSE AND THE COVENANTERS. " the assassination of Argyle and Hamilton was cha- racteristical of Montrose/'* But we shall now drag to light the original papers which the covenanting faction so carefully kept secret, and which some modern histo- rians, while pluming themselves on their research, have so carefully avoided discovering. We will prove that the " obscure correspondence in cypher," the faction itself had excellent reason to know, was the absurd in- vention of Walter Stewart, with which Montrose had nothing to do ; and that as for the " general alarm," which it is said to have " excited," that was purposely created by the dishonest arts of these Covenanters, who, while they concealed the truth, and all that was illus- trative of it in the depositions they themselves extorted, printed and circulated all that was mystical, inflamma- tory, and false. The following, which we give from the original ma- nuscript, will be easily recognised, after the foregoing illustrations. " 5th June 1641. In presence of the Lord Balme- rino, Sir Thomas Hope, and Edward Edgar, Lieute- nant-Colonel Walter Stewart was examined. " Being interrogated what was his negotiation at his last being in Scotland, declares, that his errand was to get his brother-in-law's hand to a petition. Being asked what was his discourse at Broxmouth with the noblemen who were there, answers, that he spake with the Earl of Montrose a reasonable space, but spoke nothing of any thing except news at court. A paper was found whilst they were in examination, written with the Lieutenant-Colonel's own hand, containing let- ters for names, which he was desired to explain. De- * Malcolm Laing. SECRET HISTORY OF THE PLOT. 441 clares, that by the D, in the second line, is understood the Duke of Lennox.* Being asked how he came to write this paper, declares, he got [it] at London. Being interrogated who gave him the purposes con- tained therein, answered, he behoved to have time to recollect his memory. Being inquired anent a letter directed to him by Colonel Cochrane, who was the bearer thereof to him, answers, it was Major Cun- ningham, Major to Dundas's regiment. Being likewise interrogated what was the purpose meant in the letter which was mystical, answered that it was something concerning the Palsgrave, and that it was that if the Earl of Montrose should not be gotten written for by his Majesty to come up, (which is understood by the Jewell,) that the Colonel himself may be written for, and did expone the letter at the foot thereof under his hand. Being examined upon another paper,f written with his own hand, wherein there are the letters M, whereby he declares is meant the Earl of Montrose, by • the letter L, is maant the King's Majesty, by the letter 1 , is meant the Earl of Traquair, and by the letter K, * This must be the paper alluded to by Sir Thomas Hope, and which he says was taken out of Walter Stewart's pocket. I do not find it among the manuscripts. Spalding, however, says, that among Stewart's other pa- pers " there was a curious obscure piece written after the form follow- ing : ' Tell L, if G and B be disbanded, the Parliament may be holden and A and R may be cut off by A, B, C; and by these means other mat- ters not yet known may take effect, and D and T may effectuate what is desired by the assistance of A, B, C, &c. M relies upon L. K looks for performance of all promised to him in L his name. No officers of the Slate should he chosen, or preferred, but by A, B, C. Let L be in- formed by L) and T, that matters cannot go right till that serpent M, that lies in his bosom, be cut off.'" This obviously is the paper to which Sir Thomas Hope refers in his letter to Archibald Johnston, where he says, " I doubt the interpretation of A, B, (', by which lie says are meant the Banders, and of the viper in the Kings bosom, by which he means Canterbury, which 1 believe not." f This appears to have been part of the obscure paper quoted in the previous note. Probably it was found in separate scraps. 442 MONTROSE AND THE COVENANTERS is meant the Laird of Keir. The Lieutenant-Colonel being pressed to tell the truth of all the passages have past betwixt him and any others in his negotiation at Court, Newcastle, and in Scotland, declares, that since he is put to it by the public, he will ingenuously con- fess all, that thereby he may give satisfaction to the public, clear his own conscience, and humbly crave par- don for what he has done therein amiss, seeing he did nothing in that, or in any other, out of any intention to wrong the public. " After Yule last,* Sir Archibald Stewart of Blackball, (being in Edinburgh with the deponer, and they being en- tered in conference together,) told the deponer that the Earl of Montrose would speak with him. The deponer went to his Lordship, and found him in his own cham- ber, in the Canongate, where, they entering in dis- course, the Earl told the deponer that he, finding some who had their own ends to the public business, therefore thought it fitting that himself, and such as had affec- tion to the King, should run one cofirse, so soon as the King granted Religion and Liberties of the country, against those who would oppose his Majesty, that being granted. Montrose asked the deponer if he would go to Court to acquaint the Duke of Lennox of the said Earl's affection, and affections of others of his mind, and to see if the Duke would join with him, which the de- poner willingly condescended unto,he (Montrose) giving him full assurance that there was nothing intended against the public, but only for the preservation of the Religion and Liberties of the country, whereof Montrose gave him full assurance. The Earl did not name any to be of his mind, but the deponer conceived he meant those who had subscribed the bond. * i. e. After Christmas 1640. SECRET HISTORY OF THE PLOT. 443 " They parted at that time, and met thereafter, at which meeting the Earl of Montrose gave the deponer some directions to draw up instructions, which the deponer did write with his own hand, and did shew them to the Earl of Montrose, Lord Napier, Lairds of Keir and Black- hall, at their next meeting. Any thing which was amiss was helped by them at the Lord Napier's house. The substance whereof, — that if the King would be pleased to secure them in their Religion and Liberties,grant them an act of oblivion for all bygones, and do everything which might secure Religion and Liberties of the country, they would stand for the King against all men who will op- pose him, provided that he come down to the Parlia- ment himself, and keep up the offices of state undis- posed of, till his Majesty saw who should deserve them best. * " Whereupon the deponer went to court. Declares, that he carried no letters from the Earl of Montrose, neither did he subscribe the instructions lest they should be intercepted. The deponer had directions to the Earl of Traquair to the same purpose, and to impart these instructions to him. The deponer made his ad- dress first to the Earl of Traquair, and told him his instructions, who answered, that, for what concerned the King, he thought these might be easily granted, as well anent the granting the securing of Religion and Liberties, as of his down coming, and keeping up of the Offices of State. The deponer was desired to speak * This last clause, — with the exception of the word " provided," which ought to have heen " with the advice," — is a perfectly accurate statement of the high principled ohject of Montrose and his friends. But this would not have afforded the colour of a case against them ; and therefore Walter Stewart, in order to save himself, had to add some falsehoods, importing a more mysterious and selfish dealing with Traquair, against the public. 444 MONTUOSE AND THE COVENANTERS. with the Duke of Lennox, and Earl of Traquair, to de- sire their concurrence with the Earl of Montrose, and the others of his mind, and to join with them in friend- ship, and to run one way with them. The Duke of Lennox's answer was, that he could do nothing till he spoke with the King, and so never gave any determi- nate answer to the deponer, but did write a letter to the Earl of Montrose, which the deponer brought home, but knows nothing of the tenor, except only there was something in it conceived in favour of the Earl of Tra- quair. The Earl of Traquair gave the same answer anent his joining with the Earl of Montrose. Declares, that the Earl of Traquair, having spoken with the King anent his instructions, related to him that his Majesty was content that Religion should be secured, the act of oblivion be passed, the Offices of State be undisposed of, and his Majesty would come home in person. The deponer declared that the Earl of Montrose recom- mended to him to propose to the Earl of Traquair, that those who had subscribed the bond, whom the deponer names A, B, C, might be employed, and preferred to va- cant places, as they should be found to deserve. Ac- cordingly, the deponer did propose the same to the Earl of Traquair, who had his Majesty's promise that they should be preferred, to his thought as they should de- serve.* Declares, that he asked the Earl of Traquair whether or not he might speak with the Lord Balme- rino in Traquair's particular, who answered, that he might do as he found the Lord Balmerino affected to- wards him. Accordingly, the deponer did ask the Lord Balmerino whether or not his Lordship would protect the Earl of Traquair, and his Lordship an- * There can be no doubt that this was a false statement, as will be s een afterwards. The deponer himself altered the terms of it in another deposition. SECRET HISTORY OF THE PLOT. 445 swered, these were not words becoming a subject. The depouer next asked if the Lord Balmerino would see him get no wrong. W hereunto the Lord Balme- rino answered, that he wished any wrong that should light upon the Earl of Traquair by his deed might light upon himself,* and that in the Earl of Traquair's own particular he was to do him any service he could, but what he was to be challenged by the Estate that differenced the case, and desired the Lieutenant-Colonel to remember these same words, and he did report the same to the Earl of Traquair, who gave no further di- rection to answer at all. Declares iikewise, that the de- poner hearing the Lord Angus was not well affected to the Earl of Traquair, desired Archibald Stewart to try my Lord's mind in it. Declares also, that the Earl of Traquair desired to know how the town of Glasgow was affected towards him in his particular, when it should occur in a public way. As also the Earl of Traquair desired to know how the Earl Marishall was affected towards him. The like anent Ardincapell. The Earl of Traquair discoursed with the deponer anent the two commissions for demolishing the King's houses, whereupon he set down in his memorandum to get the double of them, but never did it. The Earl of Tra- quair asked the deponer whether or not there was a commission for commanding all men beyond the water of Forth, who answered he knew not, but set it down in his memorandum to seek it out, but never. sought the same. The Earl Montrose gave directions to the deponer to * As Walter Stewart was making his deposition in presence of Balmerino himself*, it is to lie supposed that the Litter had really used these expressions. They are curious when contrasted with Archibald Johnston's violent and virulent feelings against Traquair expressed to Balmerino himself at this very time. See before, p. 355. 446 MONTROSE AND THE COVENANTERS. let it be known that it was not fitting that his Majesty- should come to Scotland before the disbanding of the army, and these words were his own motions, and of none others. The deponer was to shew to the Earl of Traquair, or any others, the Earl Montrose's ge- nerosity in not desiring any thing to be conferred upon him, but as his Majesty shall find him deserve. After coming from court in March last he gave an account of negotiations to the Earl of Montrose, whom he found at Broxmouth, and delivered him the fore- said letter from the Duke of Lennox, and related to him the whole proceedings, as is before related, and left at Newcastle with the Laird of Keir a letter from the Duke of Lennox to the Earl of Montrose, and delivered to the Laird of Keir a double of the paper brought along with him, containing the propositions drawn off their instructions, together with his Majesty's answers thereto, which the Laird of Keir copied and kept. " The deponer, at his first being at court, told the Earl of Traquair of the discourses alleged by Mr John Stewart to have been spoken by theEarl of Argyle anent the deposing of the King, and the Earl of Traquair told the deponer it was dangerous to have heard such things, unless they had a good warrant, and asked how Sir Thomas and Mr John could be reconciled anent the bailzerie of Dunkeld. Declares, that the Earl of Tra- quair said that there was no way to keep the deponer from skaith, unless he could get the discourse from Mr John Stewart in writing. That the deponer did write for Sir Thomas and Mr John Stewart to meet him at Stirling, to confer with them in their own business, and in the other particular concerning the Earl of Argyle. Sir Thomas only came, and Mr John did not come in re- spect of his wife's burial, but promised to come to Edin- SECRET HISTORY OF THE PLOT. 447 burgh upon advertisement. The first discourse betwixt them was anent the bailzerie. The deponer next asked Sir Thomas if he remembered a discourse he had told him before concerning Argyle. He said he did, and what he could remember he would put in writing, which was this, that he had heard a discourse, at the ford of Lyon, that it was resolved, by divines and law- yers, that there were three reasons why a King might be deposed, namely, invasio, desertio, venditio ; but that the Earl of Argyle did not t apply it, or speak any thing of our King. Neither did Sir Thomas at that time put it in writing, but did it thereafter in Edin- burgh, and gave it to the deponer, which is the same now found in the deponer's coffers. Thereafter Mr John Stewart coming to Edinburgh, the deponer and he first entered upon the bailzerie. He desired him to leave it off, in respect Sir Thomas had a mind to it, and could not be diverted, but that the deponer, if he could, would procure a factory of the rents ; and there- after did ask him if he did not remember of his words which he had thrice or four times spoken to the de- poner before, which he said he did, and would put them in writing, which he did, and closed it up with a letter directed to the Earl of Traquair, which, when he [the Earl of Traquair] received, he did think it not worth two straws.* After the deponer had received the papers, he came to Newcastle on his journey towards London, where he met with the Earl of Montrose, when he, (the Earl) delivered him a letter to the Duke of Lennox, and a recommendation to the Earl of Traquair to see that these things were not altered which were formerly de- termined, but that they should hold, which the deponer * The real truth of all these transactions will be found in Lord Tra- quair's manuscript, to be quoted afterwards. 448 MONTROSE AND THE COVENANTERS. did accordingly. The deponer declares that he receiv- ed from the Earl of Montrose four hundred merks in white money, but did never receive any more from him, or any others in Scotland ; but did receive from the Earl of Traquair, at his last coming from town, forty odd pieces. * That this money given by the Earl of Montrose was delivered at the first time he went up. The deponer declares that the Karl of Tra- quair delivered to the deponer the letter from the King to the Earl of Montrose, which the deponer put into his saddle, and that he put it there because he thought it should not be seen, nor had no will it should be dis- covered, and that the Earl Traquair said there were many more letters written to others in the King's af- fairs."! There is every reason to believe, as we shall shew in the sequel, that all the points in this evidence which could afford a colourable pretext for sending Montrose to prison were false. That the whole was a jumble of truth and falsehood, Walter Stewart himself vir- tually admits in various subsequentdeclarations,through whose modifications and additions this ridiculous evi- dence is moulded, by the same Inquisitors, Balmerino, Hope, and Edgar, into a shape more suited to the pur- * See this explained in Traquair's manuscript. f Original MS. ; Signed, " W. Stewart. — Balmerino, Sr. Thomas Hop, Edward Edgar." The original declarations and depositions of Walter Stewart are among the manuscripts preserved in the Advocates' Library. But even their industrious collector, Wodrow, had not made himself mas- ter of their contents. There is an index, in his own handwriting, to the papers, by which it appears that he has occasionally misread " Lieut.-Col. Walter Stewart," thus, — " the Servant of Colonel Walter Stewart," and has indexed the depositions as if it had been Walter Stewart's servant who was examined, and not Walter himself. Had Wodrow been at the trouble to decypher two lines of these intricate manuscripts, he must have discovered his error. SECRET HISTORY OF THE PLOT. 449 poses of the Argyle faction. It was agreeable to their desires that Montrose should seem to be detected in a plot with Traquair, for these were the two noble- men who had incurred their most deadly hatred. The mysterious terms, too, in which the correspon- dence appeared, were invaluable, ad captandum vulgtis, in a prosecution the object of which was to be attained in defiance of every enlightened principle of truth, jus- tice, and common sense. But it was not so convenient to have it established, that the letters A, B, C, stood for those who had subscribed the bond, or that these were the parties who were involved in the terrible plot for being preferred to vacant places. To send so many noblemen to prison upon such a charge, was a step for which the faction was not prepared. The charge, however, was rendered more manageable after- wards by declarations which approached nearer to the simple truth, though they still left the evidence of Walter Stewart substantially false. On the 9th of June he was again examined by the same members of the Committee, when he added to, and modified his testimony as follows : " Lieutenant-Colonel Walter Stewart declares, that after Yule (Christmas) last, having occasion to visit Sir Archibald Stewart of Blackball in his chamber in Edinburgh, where, they entering in a discourse, ac- cording to the deponer's memory, anent his going to Court, Blackball desired him to speak with the Earl of Montrose, which the deponer yielded to, and went the next night to supper at the Earl of Montrose's lodgings, where were present the said Earl, the Lord Napier, the Laird of Keir, Blackball, the deponer, and Lieutenant-Colonel Sibbald. After supper the voi,. i. r f 450 MONTROSE AND THE COVENANTERS. Lord Napier, the said Earl, Laird of Keir, Blackball, and the deponer, retired into the Earl's bedchamber, where they five entered in a discourse ;" — Stewart here repeats the discourse alleged in his former deposition, namely, that if the King would settle the Religion and Liberties of Scotland, it was right that all who had an affection for his Majesty should support him against his enemies. He then proceeds, — " This was the substance of the discourse the first night, except that the Duke of Lennox and the Earl of Traquair, and their friends, should join in friendship and unity with the saids Earl of Montrose, Lord Napier, Lairds of Keir and Black- hall, to maintain themselves against all those who would oppose the King and them in that business. Denies that ever he remembers there was any bond motioned to be subscribed. " At the next meeting, which was within a night thereafter in the Lord Napier's house, where the saids five persons, viz. the Earl of Montrose, Lord Napier, Keir, Blackball, and the deponer were pre- sent, there was a note drawn up to the same purpose, spoken of by them all as of one mind to the same effect, but for the most part dictated by the Earl of Montrose, and written by the deponer* the substance whereof was, that his Majesty should come down to the Parliament, secure Religion and Liberties, and keep up the Offices of State undisposed of. Does not remember where the paper which was written is, but that he thinks it is lost or riven, and that he did not put it in his trunk to his memory. Declares, that by the letters A, B, C, is meant the three before- mentioned, viz. the Earl of Montrose, Lord Napier, and Laird of Keir, and their friends, and that there was * Compare with declaration, p. 443. SECRET HISTORY OF THE PLOT. 451 nothing spoken of those who had subscribed the bond, but that the deponer understood them to be included under the name of these three, and their friends. De- clares, that the deponer means by his paper anent the managing of affairs by A, B, C, that the foresaid three, and their friends, should have the rule, but does not remember that any of them desired the deponer to propose so much. Being interrogated what the deponer meant by the word serpent in his paper, declares, it is the Marquis of Hamilton, * and that the meaning of these words came from the foresaid four persons, who thought that the Marquis of Hamilton and Earl of Argyle might have strange intentions. Declares, that the in- structions, dictated by the Earl of Montrose in presence of the Lord Napier, Lairds of Keir and Blackball, be- fore-mentioned, were written in a covert way of letters for names, and not in cyphers, and that the paper was a little piece narrow paper. Declares, that the Earl of Traquair carried the heads of his instructions to the King, and got particular answers to them.t The prin- cipal papers being shewn to the deponer, he acknow- ledges them to be the self-same papers mentioned by him, and that they were all written with his own hand, and in testification thereof, he has declared the same upon the back of the said papers, the one whereof is his first instructions given him by the Earl of Mon- trose, Lord Napier, Keir, and Blackball, and the other paper is the paper given by him to the Earl of Tra- quair, and his Majesty's answer reported by the Earl of Traquair to the deponer. And that the meaning of the instructions may be known, the deponer has ex- * Sir Thomas Hope, in his letter to A. Johnstone, mentions that W. Stewart at first said it was Land who was so figured, f Contradicted, hoth by the King and Traqnair. 452 MONTROSE AND THE COVENANTERS. plained the same under his hand, according to his me- mory." * The mystical papers here alluded to are also among these manuscripts ; and as they were made the grounds of the tyrannical and lawless criminal process against Montrose and his friends, which at least answered the purpose of separating these conservative advisers from the King during his presence in Scotland, we now lay the precious documents before the reader. The follow- ing, obviously, is the paper of instructions, containing letters for names, which Stewart alleged (^falsely as we shall find) was written to Montrose's dictation, in pre- sence of Napier, Keir, and Blackhall. " How necessary it is that R come down to the Par- liament. To desire that the II be kept up till it be seen who deserves them best. That H be not bestow- ed by the advice of the Elephant, for fear he crush the L. To assure L, that, R and L being granted, he will be powerful to crush the Elephant. Not to let L drink water except he promise not to cast it again. To as- sure D, and T, that except they take Genero by the hand, they will be trod upon and made naked. To assure L, D, T, that G will take him by the hand, and lead him through all difficulties, R and L granted." f * Original MS.; signed, " W. Stewart. — Balmerino, Sir Thomas Hop, Edward Edgar;" and dated at Edinburgh, 9th June 1641. -f- This is from a contemporary manuscript, not in Stewart's own hand- writing, but containing all his notes and papers copied out upon one long sheet of paper, with marginal notes explaining the terms. I have seen a rare pamphlet, entitled, " Certaine Instructions given by the L. Montrose, L. Nappier, Laerd of Keer and Blackhall. With a true report of the commitee for this new treason, that they had a three-fold design. London, printed in the yeare 1641." I have no doubt that tins was printed from the manuscript quoted in our text, the arrangement, and some apparent mistakes as to the letters, being the same in both. It had been drawn up at the time from Stewart's papers, and sent, by Sir SECRET HISTORY OF THE PLOT. 453 In Walter Stewart's own handwriting appears the following explanation of the above : " How necessary it is the King come down to the Parliament. To desire that the Offices of Estate be kept up, till it be seen who deserves them best. That the offices of Estate be not bestowed by the advice of the Marquis of Hamilton, for fear he crush the King. To assure the King, Religion and Liberties granted, he will be powerful to crush the Marquis. Not to acquaint the King with any thing except he promise to keep se- cret. To assure the Duke and Traquair that, except they take the Earl of Montrose by the hand, they will be kept down, both at home and abroad. To assure the King, the Duke, and Traquair, that rny Lord Mon- trose will stand by him through all difficulties, Religion and Liberties being granted. That if the Duke or Tra- quair write, it must be in so general a way as no man can gather any thing by it, and to write to both par- ties, and in their own particular.* I declare that this is the just meaning of the instructions, in so far as my memory serves me. Subscribed and written with rny hand at Edinburgh the 9th of June 1641. — W. Stew- art." Upon the same sheet of paper, also in Stewart's own handwriting, are the following propositions, and his Majesty's alleged answers, being that referred to in the depositions. " That the Noblemen, Gentlemen, and Barons, be the Thomas Hope, to Archibald Johnston in London, who turned it into u most dishonest pamphlet of agitation* This last sentence is not in the Committee's copy of Stewart's mysti- cal paper, of which the above is the key, nor in the printed pamphlet. 4*54 MONTROSE AND THE COVENANTERS, three Estates of which the Parliament is constituted. That Religion be secured by confirming the acts of the last General Assembly holden at Edinburgh, namely, the act of recission, and every thing necessary there- anent, which may assure his Majesty's subjects that there shall be no novation in Religion in any time hereafter. That an act of pacification and oblivion be passed for securing of the subjects from all question hereafter for ought has been done in these last troubles. That the subjects be governed, in all time, conform to the laws of the kingdom formerly established, and no otherwise. This done, his Majesty's faithful and loyal subjects will maintain his Majesty's honour, person, and royal authority, against all men, and will suffer no other novation in laws, or otherwise, to be introduced. It is requisite his Majesty keep up his Offices of Estate, and others his Majesty's royal favours, to be bestowed upon such as shall best deserve at Parliament and else- where, and that his Majesty be graciously pleased to be present there in person for countenancing his own service, and his loyal and faithful subjects. " His Majesty agrees to the first four propositions, and, upon assurance of the performance of the fifth, will use all possible means so to dispose upon his affairs here, as that he may be in person at the Parliament of Scotland ; and in the meantime will keep up all places and Offices of Estate, and other marks of his Majesty's royal favour, of any importance, undisposed of, until such time as he may bestow them upon parties accord- ing to their merit, and deserving at the Parliament. —Whitehall, the 3d of March 1641."* * The propositions, and his Majesty's answers, are all in Walter Stewart's own handwriting. They contain the sum and substance of Montrose's plot with Napier and the rest. Stewart declared, and attest- 3 SECRET HISTORY OF THE PLOT. 455 Upon the 10th of June, Walter Stewart was again examined by Balmerino, Hope, and Edgar. " He was questioned upon the word Elephant, contained in his paper of instructions with the letters. Declares, that thereby was meant the Marquis of Hamilton, and all others who would oppose the King, and not rest satis- fied when Religion and Liberty should be granted. De- clares, that the note was drawn up at their directions, and the next night revised, and what was wanting or amiss was mended. Declares, that at his coming back from court the Earl of Montrose was not at Newcastle, and that he desires his former deposition to be helped in that point where he says the Earl of Montrose re- ceived the Duke of Lennox's letter at Newcastle, because he now remembers that he delivered it to the Laird of Keir, to whom he gave a double of the paper brought along with him," &c. Upon the 15th of June, " Lieutenant-Colonel Walter Stewart was examined upon oath, who declared that the first words of his first deposition, 5th June instant, may be helped, where he says that his errand was to his brother-in-law, in respect he now declares that he came to give an account of the former instructions, which he had from the Earl of Montrose, Lord Napier, Lairds of Keir and Blackball, and declares, that Black- hall was present, but had little hand in the business. Declares that the deponer had intention to go to court about his own business, and his brother-in-law's busi- ed under his hand, that Traquair carried them to the King and came back andreported the answer to him, Walter Stewart. This, there is every reason to believe, was false testimony, for the sake of pleasing the Com- mittee by further implicating Traquair. The King's answer, if not a pure invention, was probably reported through the Duke of Lennox, and through the Duke also, were conveyed any propositions that were made from " the Plotters" to his Majesty. 4.56 MONTROSE AND THE COVENANTERS. ness, which being known to Blackball, he acquainted the rest therewith, who employed him, and gave him instructions and money, conform to his former deposi- tions, whereat he abides as truth, as they are now helped in the margin, and subscribed by the deponer. And further declares, that the instructions written with the deponer's hand, and so acknowledged by his subscrip- tion on thef * * of June instant, were recommended and spoken of by the Earl of Traquair, and written down by the deponer, and that the said paper was written before his last coming from Court in March last ; and that the deponer did shew the same to the Laird of Keir, with whom the deponer left it a night, and received it back again. Declares, that the proposi- tions before-mentioned, beginning with — " That the noblemen, gentlemen, and burghs be the three Estates," &c, and ending with these words, " and his loyal and faithful subjects," — were drawn up by the deponer in the substance thereof, and mended and altered in the form and grammar by the Earl of Traquair, with his own hand in some parts, and in other parts at his direction.^ f Manuscript destroyed. X Yet the only copy found was that written entirely with Walter Stewart's hand, as quoted above. No question appears to have been put by the committee as to where that copy corrected by Traquair was, or what became of it. We shall find (by a manuscript to be quoted in the chapter of Traquair' s defence) that Traquair declared this account to be absolutely false, so far as he was concerned, and appealed to the fact that, " neither amongst all his papers is there anything found directed to me or from me, but what his own foolish scribblings mention." In the course of his examination Stewart found that, to please the commit- tee, he must implicate as much as possible Traquair and Montrose, and this is to be observed, that of two sets of mystical instructions found on Walter Stewart, he swore that the one was dictated by Montrose, the other by Traquair ; but for the rational propositions, Stewart took those on himself. Now the converse was the truth. All the mystical papers were his own inventions, and the rational propositions contained his verbal commission from Montrose and the rest to Lennox. SECRET HISTORY OF THE PLOT. 457 Declares, that the deponer met with Sir Richard Gra- ham at court, to whom the deponer told that the Earl of Montrose expected a letter to come up to court, who answered that it was not a fit time to the Earl to come to court. Being interrogated what was the meaning of the Earl of Montrose's letter found in the deponer's trunk, declares that by the jewels meant a letter which should have been sent down by the Palsgrave for the Earl's upcoming ; and that the meaning of the other words, ' that the Earl's jewel should come up before the other two letters,' is thereby meant that there were two letters desired to be written by the Duke of Len- nox, one for the Lord Napier's upcoming, and another for the Laird of Keir's upcoming to court, but none of the three, to the deponer's knowledge, were written 5) # The paper of instructions, alluded to in this deposi- tion as having been " recommended and spoken of by the Earl of Traquair," is distinct from the paper of pro- positions to the King, and also from the mystical in- structions alleged to have been dictated by Montrose. In one of the various editions of Walter Stewart's evidence taken down by the Committee, it is stated, that during the progress of his examinations, there was discovered in his trunk, (in addition to the other mystical notes, instructions, and letters alluded to,) a paper, " containing a number of particular instructions and directions in mystical terms, having letters, and ticks, and names of beasts, with other covert expres- sions, for names of persons and purposes." f Walter Stewart declared that these were the instructions which he alleged were recommended by Traquair, and also * Original MS.; signed, " W. Stewart.— Sir Thomas Hop, Edward Edgar;" dated 15th June 1641. f Original MS. 458 MONTROSE AND THE COVENANTERS. that he had left a copy of this mystical paper, (as well as of the propositions to the King, and his Majesty's answer) with the Laird of Keir, who kept them a night, that he might copy them, and then returned them to the deponer. The instructions, corresponding to the document above described, which I find among the manuscripts, are as follows : * " To counsel L his home coming till they hear from D, or D hear from them. To advertise T, with all diligence, how • . . f are pleased with the Tablet, \ and if there be any particulars that they would have the L more special in. That they be not moved with reports of any alteration, or any thing derogate from the Tablet, except they hear from D. That the word moderation be explained to Genero. § That . . strive to let the town of Wigton || know how care- ful T has been to get him satisfaction, as my Lord Roxburgh will bear him witness, and that they may be confident of satisfaction. It is thought most ne- cessary that some . . . who will be least suspected come up, or if that cannot conveniently be, that the bearer return with all possible diligence, and, how- soever, that he come up before. That all means be used for trying the information against the Dromedary, and what further can be found of his carriage with * This manuscript of the instructions is not the original which Walter Stewart declared was in his own handwriting, and which I cannot find among the other papers. The above is quoted from the copy made by the Committee at the time, as noticed before (p. 452, note.) Some of the mystical terms are explained, (probably from Walter Stewart's deposi- tions) on the margin of this copy; as we have noted below. f " . . . E. Montrose, L. Napier, Keir." % " Tablet — propositions to the King, and his Majesty's answers." § " Anent Traquair in a letter fra the Duik." || " Town of Wigton — E. of Wigton anent his offices in Parliament." SECRET HISTORY OF THE PLOT. 459 JVPDuff, or any other there in these parts wherein Signior Puritano and some of the Redshank'' s friends can best inform and instruct. To assure Signior Pu- ritano that he will get satisfaction anent the ward and marriage he desired, but that now it is not a fit time to do it for him, or any others so disposed as he is. To tell Genero that so soon as Dick comes to the school, who is daily looked for, he will by him hear from L. * To let . . . know how well L takes their care, and in the discretest way to inform yourself of their desires, and particularly if reik aims upwards, f To try the summons against T, and to send up a double thathe may compare them with that which he has gotten, and to assure . . . and all others, that he shall clear himself of all these, as clear as day light. \ That by all means they labour with the Plantations § to let them know, the Tablet being filled up and made good, how much it concerns them to show themselves affectionate (to) L." While the examinations of Walter Stewart were in progress, Montrose, Napier, Keir, and Blackball, were * " Dromedary — Argyle. M'Duff — Athol. Signior Puritano — E. Seaforth. Redshanks, — M 'Donald. Dick — Sir Richard Graham. School —Court." f " If reik aims upwards" is explained, both in the MS. and in the pamphlet, by " if business goes aright" It would appear, however, by a statement of Lord Napier's, to be afterwards quoted, that Walter Stew- art had given this other explanation, namely, " if Keir seeks preferment" X Obviously referring to the malicious and savage persecution of Traquair, chiefly instigated by Archibald Johnston. § " Plantations, — Commissioners of Parliament." All the foregoing explanations are noted, some on the margin, and some above the mystical terms in the manuscript. The rare pamphlet alluded to before (p. 452, note,) has •bviously been hurriedly printed from this very MS., for some of these explanations have been mistaken for interlineations, and printed accordingly, and there are other mistakes in the pamphlet, evidently in consequence of a misreading of the intri- cate MS. 460 MONTROSE AND THE COVENANTERS. separately examined, and the facts elicited from them completely contradicted Stewart in various essential points of his evidence. The first declarations taken from Montrose, Napier, and Keir, are not to be found among these manuscripts, but their tenor is already proved from Lord Napier's statement given in last chapter. There is still extant, however, among the Wodrow manuscripts, a declaration of Sir Archibald Stewart of Blackhall, taken before Lord Balmerino, Sir Thomas Hope, and Edward Edgar, on the 7th of June, probably the time when the other three were also first examined. Upon that occasion, and more particularly on the 26th of the same month, Sir Ar- chibald Stewart made the following declaration : " The said Sir Archibald declares that the Laird of Keir came, from the Lord Boyd's burial,* to make a visit at his house of Ardgowne, where they entered upon regrets for the case of the country ; and thereafter meeting at Edinburgh they fell upon the same. The first conversation they fell upon was, that they thought his Majesty's coming to Scotland would be the best re- medy for settling Religion and Liberties of the kingdom at the Parliament. The Laird of Keir, finding the de- poner's mind to agree with the Lord Napier, desired the deponer to speak with the Lord Napier, wherein the deponer made difficulty, and being pressed by Keir, the deponer and Keir went to seek Napier, whom they found with the Earl Montrose, in the Earl Montrose's lodging in the Canongate, where when they had come, the deponer made doubt to speak with the Earl of Montrose, being a stranger to him, and loath to enter * This fixes the period of these meetings; Lord Boyd died on the 24th Novemher 1640. See p. 323. 4 SECRET HISTORY OF THE PLOT. 4(jl into particulars with him of this nature, seeing his name at that same time was called ill question for the private bond contraverted. That the deponer was in- duced by the Laird of Keir to enter with them, where they four, with Lieutenant-Colonel Walter Stewart, entered in discourse anent the King's down-coming, as the fittest means for settling of business, which was approven by them all. Thereafter they fell upon dis- course anent the disbanding the armies, which probably might interrupt his Majesty's journey, and could not stand with his Majesty's honour to have the armies on foot and he coining down in a peaceable way for set- tling of all jars and questions ; whereunto they all four agreed, (but does not remember who proposed the same first,) and therefore thought fit to recommend to the said Lieutenant-Colonel Stewart that he might propone the same to the Duke of Lennox, the Earl of Traquair,* and his friends and acquaintance about court, to enter- tain that motion with the King. And they thought it fit his Majesty should be pleased to keep up the Offices of State undisposed of till his own down-coming. And these three particulars they gave to the Lieutenant- * In his previous declaration of the 7th of June, Blackhall declared in more general terms, " that the Earl of Traquair, to his memory, was not mentioned then, (at the first meeting) hut that he was named there- after." The faction were extremely anxious to connect this plot spe- cially with Tracpiair, and pressed Blackhall upon this point in his sub- sequent depositions, by which, however, he explained away his former evidence. On the 4th of August, Blackhall being interrogated, " whe- ther or not they gave direction to Lieutenant-Colonel Walter Stewart to impart, recommend, or acquaint the Earl of Tracpiair with their direc- tions.he desires that this may be added,— that at tlie naming of the Earl of Traquair, it was opposed by the Lord Napier, and assented unto by the most part of the rest." The result was, however, we shall find, that Stewart was directed by this conservative party to move his Majesty through Lennox, and not Traquair. 462 MONTROSE AND THE COVENANTERS. Colonel by instructions in word* at the Earl of Mon- trose's house, to be proposed to the Duke, the Earl of Traquair, and other friends and acquaintances at court, with express provision,that Religion and Liberties should not be prejudiced. Declares, that he was a consulter and adviser of the first of these instructions, namely, anent his Majesty's down-coming-, and was only an au- ditor and assenter to the other two articles of the in- structions. Declares, that they four met thereafter at the Lord Napier's house, with the said Lieutenant-Co- lonel Stewart, where these same instructions were repeated by the said Lieutenant Colonel, who had the paper in his hand, in character ways, as the Lieutenant- Colonel told the deponer. Declares, that the said Lieu- tenant-Colonel did write a letter from court to the deponer, showing him under the terms of things, and his own down-coming, that he was hopeful his Majesty would come down, and that the Offices would be kept up.f Also declares, that before the Lieutenant-Colonel went to court, the Laird of Keir, the deponer, and the * This contradicted Walter Stewart ; therefore, on the 4th of August, " Sir Archibald Stewart of Blackhall being brought down from the Castle of Edinburgh, was demanded upon the first interrogatory anent the in- structions given to Lieutenant-Colonel Walter Stewart, and whether they were given by word, or writ, whether or not they were read in their presence, whether or not they were helped and dictated by them, and who were present, and whether or not the paper did contain charac- ters, letters, or not, — answered, that to all the interrogatories he could answer, no otherwise than as is in his former depositions, whereunto he adhered, except only he craved the word instructions to be helped, and called motions recommended ; and that he remembers he did see a paper in Lieutenant-Colonel Stewart's hand, which was rowed [rolled] up, but does not remember the quantity of k, and declares that the Earl of Mon- trose, Lord Napier, Stirling of Keir, and himself were all present at both the meetings mentioned in his former depositions." — Original MS. j That is to say, that Walter Stewart indicated his Majesty's coming to Scotland, under the covert term, his own coming, and the offices of state he called things. SECRET HISTORY OF THE PLOT. 463 Lieutenant-Colonel, agreed amongst themselves, that, if he did write any to them, it would be under these terms of things and his own down-coining. Denies, that he ever heard any thing more of Walter Stewart's nego- tiation, or did see any of his papers, neither did ever, after their meeting at the Lord Napier's house, meet with the Earl of Montrose, or Laird of Keir, till they met at Edinburgh in the beginning of June instant, when the Laird of Keir desired the deponer to dine with him ; and, thereafter, met with the Earl of Mon- trose, Lord Napier, and Laird of Keir, at supper, after the deponer had made his first deposition,* to whom he told what he had deponed. Declares that at their first meeting, either in the Earl Montrose's house, or in the Lord Napier's, they all promised secrecy. And also depones, that the bond and reasons of the bond, which was the indirect practising of a few, were spoken of in the Earl of Montrose's house at supper, but denies that any of these few were particularly named. Declares, that he received a letter from the said Lieutenant-Co- lonel, dated at Glasgow, under the former dark terms, and to the same purpose, with some remembrance of commendations from the Duke of Lennox, and Earl of Traquair, and a request to speak to the Commissioners of Parliament, with the sheriffdom of Renfrew and Dumbartane, in favour of the Earl of Traquair, and, namely, Ardincaple." f This account, it will be observed, differs in some es- sential particulars from that of Walter Stewart. The * Which is dated 7th June 1641. It was on the 11th of that month that .Montrose and his friends were sent to the castle. -f- Original manuscript; signed, " Sr A. S. Blackhall, — Balmerino, Sr. Thomas Hop, Edward Edgar," and dated at Ednr. 26 June 1041 . 464 MONTROSE AND THE COVENANTERS. nature of the meetings, and the general tenor of the in- structions with which Stewart was entrusted to carry to court, for the information of his Majesty and benefit of the country, are here confirmed. But, according to Sir Archibald Stewart, these instructions were all ga- thered from the conversations at the meetings, and not dictated by Montrose, or revised and read after having been written out before the whole party. Neither were the mystical terms suggested by Montrose, or the rest, but had (as is very obvious) sprung from the fan- ciful and weak invention of Walter Stewart himself in private. Another particular, of greater moment, stands quite uncorroborated by Sir Archibald Stewart, namely, that Montrose instructed Walter Stewart to propose to the Earl ofTraquair, that A, B, C, meaning Montrose, Napier, and Keir, should be preferred, if found deserving, to the vacant Offices of State. Walter Stewart had also declared that he was commissioned, at these meetings, to propose to the Duke of Lennox and Traquair a strict confederacy with Montrose, Napier, Keir, Blackhall, and others of their sentiments, for the benefit of the King and the distracted country. But, in reference to this point, I find among the manuscripts a separate de- claration, holograph of Sir Archibald Stewart, to the following effect : " Edinburgh, 29th June. I undersubscriber deny that ever Lieutenant-Colonel Stewart heard any such article, or instruction, for drawing a bond with the Duke of Lennox, and his noble friends, for their safety. But I acknowledge it was motioned, if I remember well, by Lieutenant-Colonel Stewart, or some of the company, to Napier and me, who did repel and refuse the same upon any terms, as a dangerous act in these days, and so never recommended to him by us, or any of us, in SECRET HISTORY OF THE PLOT. 465 my judgement. I questioned the Earl of Montrose upon the same, immediately after my first examination, who assured me he did never hear of such a motion till Lieutenant-Colonel Stewart, in the passing, came to Newcastle, and pressed his Lordship with (for ?) an answer, if his Lordship would join in the foresaid bond, which (answer) was delivered in these terms to (the) Lieutenant-Colonel : — * That bonds were now of so dangerous consequence that his Lordship would not join in any, which, if the Duke of Lennox should move (it,) at his coming to Scotland, he would declare to himself.' " " Sr A. S. Blackball." Walter Stewart being thus positively contradict- ed, was, on the last day of June, again brought before the Inquisitors, when " he declares that he did not motion a bond to be made with the Duke, and his noble friends, but that he had instructions to speak with the Duke and Traquair for joining in friendship with these three, viz. the Earl of Montrose, Lord Napier, and Laird of Keir, and their friends ; and being confronted with Blackball, depones, as is before written, and Black- hall affirms in his presence as is set down in Blackhall's former depositions. Declares, that when he came back from court, the Earl of Montrose and the deponer en- tering in a discourse anent a solid friendship to be be- twixt the Duke of Lennox and his noble friends, and the Earl of Montrose and those who were joined with him, and their friends, the Earl said that any tie of friendship of that kind will be best gotten done when the Duke should come to Scotland." * Walter Stewart was also positively contradicted by Sir George Stirling. * Orig. MS. Signed, " W. Stewart— Balmerino, I. P. D." VOL. I. G g 466 MONTROSE AND THE COVENANTERS. " The Laird of Keir being interrogated anent the instructions given to Lieutenant-Colonel Walter Stew- art, whether by word or writ, whether read to them, and eiked or helped by their advice, as in the interro- gatories, declares that he knows no more than is in his former deposition, and declares he neither saw paper or ink, neither did they write any, nor did any write at their direction. The paper of the 3d of March at Whitehall 1641 being shown to the said Laird of Keir, and he being asked whether or not Walter Stewart did shew him this paper, or the like, and left the same with him, answered, that he did see this paper, or the like, whereof he did take the copy, without interrogating him from whom he had the same, or by whose mediation these were proponed to the King, and his Majesty's answers received ; but conceives it was by the Duke, in regard their former desire was to have his address to the Duke. The first little paper, bearing Walter Stewart's instruc- tions, being shewn to the deponer, he denies ever he did see that paper before, or that he knows any thing of the particulars thereof. Being likewise demanded, if he had heard any thing of a bond to have been sub- scribed by the Duke and his friends, declared he had heard that it was spoken of to the Earl of Montrose, but that he never heard it spoken to himself by any, neither did speak of any such purpose to any person. And being interrogated upon the paper which Lieu- tenant-Colonel Walter Stewart brought from Court with him, beginning ' to speak with the General anent L. C. Stewart,' and ending at the articles anent the planta- tions, * which paper being shown to the deponer, and * This corresponds with the conclusion of the mystical paper quoted supra, p. 458, but not with the beginning ; which indicates that the ori- ginal in Walter Stewart's handwriting had contained something con- SECRET HISTORY OF THE PLOT. 467 being interrogated whether or not he had ever seen the said paper, or taken a copy thereof, declares that, so far as he remembers, he never did see it, or take a copy thereof." * Upon comparing the terms of their respective depo- sitions, it is impossible not to be convinced that Black- hall and Keir deponed truly, and that Walter Stewart's deposition was false ; f and of this we will be tho- roughly persuaded when we come in the sequel to con- sider other unpublished manuscripts which we have yet to produce. If the covenanting government of Scotland had been actuated by principles of ho- nour, honesty, and common sense, not to say pa- triotism, Walter Stewart's deposition (which proved nothing criminal against Montrose and his friends, even had it been all true,) would, upon a comparison of the statements of Montrose, Napier, Keir, and Black- hall, have been rejected with contempt. Although Walter Stewart's depositions were not finally arranged cerning his own affairs, that is not given in the copy from which the pamphlet of agitation appears to have been printed. Walter Stewart declared that this mystical paper emanated from Traquair, and the Committee copy, and the pamphlet, title it, " Instructions from the Earl of Traquair to L.-Colonel Stewart." Possibly the commencement of the paper was not found to agree with this title. * Original MS., dated at Edinburgh, 5th August 1641, and signed, " George Sterling. — Balmerino, I. P. D." T Keir's deposition is in some degree tested by this, that he admits having seen, and taken a copy of the " tablet" and King's answers. Now, if, as Walter Stewart deponed, he had also seen and copied the mystical instructions, he would have admitted that fact too. On the other hand, if a fear of the consequences had led him to deny, falsely, he would in all probability have denied having seen and copied any of the papers. But Keir was a gentleman of high spirit and unblemished honour, while Walter Stewart, even by admission of the faction, (wit- ness Sir Thomas Hope's secret letter) was a pitiful poltroon. 468 MONTROSE AND THE COVENANTERS* and sworn to until the 18th of June,* and although the declarations of the noblemen and gentlemen, whom, that evidence touched, afforded the strongest reason to believe that it was just as little trustworthy, as, in any disinterested and legal view of the matter, it was con- sequential to the country, they were all sent, on the 11th of June, in a public and ignominious manner, to the Castle of Edinburgh as state prisoners, and branded with the name of " the Plotters."f After the thieves had bound the true men, Argyle and his faction breathed more freely, and the bloody interlude occurred, whose illustration will require a separate chapter. * Of that date an amended edition " being drawn off the former de- positions, was appointed to be shown to the deponer, and he have liberty to collate the same, and advise thereupon, which was done accordingly, and the deponer appearing in presence of tbe Committee, was solemnly sworn thereupon, who affirmed the same to be true, as he would answer to God."— Orig. MS. f History casts no light upon this important chapter of Montrose's life. How faulty is Bishop Burnet's record of it may now be seen. " At this time there was a gentleman seized at Broxmouth, with letters to my Lord Montrose, which discovered a new correspondence of his with the Court for my Lord Traquair's preservation ; and with this the story of the bond, signed the former year at Cumbernauld, broke out; upon which he and some of his friends were committed close prisoners to the Castle of Edinburgh, and called Plotters. * * * Things in Scotland took presently a settlement, and those who were called Plotters and Banders, after examination, and a delivering up of their bond, which was burnt by the hand of the common hangman, were set at liberty, after some time of further restraint.'' — Hist, of the Hamiltons, pp.* 184, 186. SECRET HISTORY OF THE PLOT. 469 CHAPTER XVI. HOW DICTATOR CAMPBELL ADMINISTERED INJUSTICE, AND DID NOT TEMPER IT WITH MERCV. When Montrose and his friends were sent to the Castle, both they and the community at large were kept in total ignorance of the details of the evidence that had been obtained against them. The " private practis- ing" of the covenanting faction had also deprived Mon- trose's contemporary biographer of the means of expos- ing, in detail, proceedings of which we have already disclosed enough to prove that Dr Wishart was, never- theless, perfectly well founded in the following general observations which occur in the opening chapter of his celebrated History : " They (the Covenanters) seriously consult how they should take Montrose out of the way, whose heroic spirit, being fixed on high and honourable, however difficult achievements, they could not endure. To make their way, therefore, into so villainous an act, by the assistance of some courtiers * whom with gifts and promises they had corrupted, they understood that the King had written letters to Montrose, and that they were quilted in the saddle of the bearer, one Stew- art belonging to the Earl of Traquair. The bearer • This is very likely. Hamilton's creature, that worthless intriguer William Murray, of the Bed-chamber, was the nephew of that same Rev. Robert Murray with whose deposition thin fracas commenced. 470 MONTROSE AND THE COVENANTERS. i was scarce entered the borders of Scotland when they apprehended him, rip his saddle, and find the letters. There was nothing at all written in them which did not become the best of Kings to command, the best of subjects to obey. Nevertheless, these most exact craft- masters in the arts of lying and slandering, set about horrible and tragical reports, by their apt ministers, that at last all the King's plots with Montrose, for the over- throw of Religion, and the ruin of the Kingdom, were found out and discovered. Nor yet durst they afford him a public trial, but, on a sudden, when he suspected nothing, thrust him, with Napier Lord of Merchiston, and Stirling of Keir, Knight, two both of his near kin- dred and intimate familiars, into the Castle of Edin- burgh." * But Lord Nugent, as if more enlightened upon this dark passage of Montrose's life, tells us that " Montrose had incited one Stewart to accuse Argyle, Hamilton, and Rothes, of a treasonable intent to depose Charles. On the proceedings, Stewart, ill-qualified^to be the agent of so bold an intriguer as Montrose, con- fessed his crime. Nothing then remained for Montrose but to denounce Stewart as having been suborned by Argyle to forge his confession, and thus, embroiling the charge, he left his wretched accomplice in the di- lemma of a capital accusation of leasing-making against one at least of the noblemen, and to be consequently put to an ignominious death." t Wherever the noble author may have obtained this history of the matter, we venture to say, and proceed to prove, that not a syllable of it is consistent with what actually occurred. * Translation (printed in the year 1648) of Wishart's Latin History, C. i. f Memorials of Hampden, Vol. ii. p. 95. JOHN STEWART'S LETTER TO ARGYLE. 471 Bishop Guthrie narrates, that after John Stewart was committed to prison, " my Lord Balmerino and my Lord Durie being; sent from the Committee to the Cas- tie to examine him, they did try another way with him, and dealt with him that he would rather take a tache upon himself than let Argyle lie under such a blunder ;" and he adds that " both being profound men they knew well what arguments to use for that effect ;" and, accord- ingly persuaded Stewart to write a letter to the Earl of Argyle, " wherein he cleared him of those speeches, and acknowledged that himself had forged them out of malice against his Lordship." This contemporary chro- nicler, rejected by covenanting authors, is, though not always accurate in his details, nevertheless substantially confirmed, in what we have quoted, by the manuscripts we now bring to light. The following is from the ori- ginal letter written by John Stewart to Argyle, with the deliverance upon it by the President of the Com- mittee of Estates. '• For the Right Honourable and Noble Lord, the Earl of Argyle, these. " Right Honourable and Noble Lord, " In respect it hath pleased your Lordship to admit of my former, I have therefore taken boldness by these to beg that favour from your Lordship to admit me to your Lordship's presence, before I be further heard in public, hoping to give your Lordship satisfaction, pro- mising to conceal nothing that I know to your Lord- ship's prejudice and harm, or of the public's. Considering your Lordship's generous disposition, I will hope for no less than that you will requite evil with good, which will contribute more for your Lordship's honour and 472 MONTROSE AND THE COVENANTERS. credit, nor (than) my wreck will do for your Lordship's wealth, or my shame for your praise. Expecting a favourable answer from your Lordship's goodness, rests— Your Lordship's most undeserved Jo. Stewart." " 5 June 1641. Produced in presence of the Com- mittee to the Earl of Argyle, who will not read it, but gave it to me to be read in public. After reading whereof, the Earl of Argyle refused to speak with him apart or alone,, but was content the Committee should appoint some to be present before whom he was content to hear Mr John. The Committee appoint the Lord Balmerino, Sir Thomas Hope, and Edward Edgar, to be present with the Earl of Argyle to speak with Mr John." " Sr A. Gibsone, I. P. D." It appears from the above, that a previous letter of recantation had been received by Argyle, and thus far the statement of Bishop Guthrie is confirmed. That the deputation appointed to wait upon the prisoner did so on the following evening, and that, notwithstanding all this preliminary negotiation, the terms of Stewart's confession could not be satisfactorily arranged upon that occasion, also appears to be proved by another original manuscript, of which the contents are as fol- lows. " Mr John Stewart's Petition and Confession present- ed to the Committee of Estates, produced 7th June 1641. " My Lords, and others of the Committee of Estates. JOHN STEWART'S CONFESSIONS. 473 First, I beg your Lordships' pardon, especially those who were yester night here, in that I could not give them greater satisfaction at that present, in respect of the infirmity and weakness of my body and spirit, and likewise being dashed (abashed) with such a number. And therefore for satisfaction, now I declare, " First, I being desired by the Earls of Montrose, and Athol, present at Scoon, to try what bonds were pressed, either by the Earl of Argyle himself, or his friends, or subscribed to him in Athol or elsewhere ; secondly, to try what presumptions there might be had that he was the acquirer of his late commission him- self, and how he carried himself therein ; thirdly, what presumptions might be had that he did aspire for su- premacy above his equals, with that caveat given me by Montrose that I should rather keep me within bounds nor {than) exceed; yet, notwithstanding, by that odious paper, I have abused his Lordship's, and Athol's, trust in me, wronged the Earl of Argyle, and discre- dited myself, conceiving all things with a prejudicat opinion and unjust malice against the Earl of Argyle, wresting all things to sinister senses, contrary either to his Lordship's words or actions, for which doings I crave his Lordship's mercy, and pleads only now guilty, beseeching his Lordship to have compassion upon my wretched estate ; being only desirous to have pleasured the receiver thereby, imagining never to have been brought to answer for them thereafter, as now I am, to my great grief and late repentance. And how- soever I have condescended upon a number of witnesses, upon weak grounds of some of their discourses, as will be found after trial, I declare there is never one of them accessory to this my malicious and calumnious pamphlet and paper, nor had hand therein, except 474 MONTROSE AND THE COVENANTERS. that I offered once the sight of it to Athol, who desired me to do it so that I would be answerable for it, and gave him only that part in writing which concerned himself ; whose answer I never received yet, nor gave the copy to no man except to Montrose himself. Having repented me of my doings I burnt the scroll, and would have fain come off, and had it back again, but could not, in respect of his Lordship being without the coun- try, till now that I hope it be for God's glory, and the union of all this nation, to stand for the defence of his cause, wherein he hath such a provident hand. As for these speeches, alleged by me to have been spoken by Argyle at the ford of Lyon, I confess that now having thought better upon them, his speeches were general, of all Kings ; howsoever, by my foresaid prejudicat opinion of his Lordship's actions, I applied them to the present, wrested them to my own meaning, and vented them after that kind. Beseeching your Lordships, for the reasons foresaid, that what further your Lordships are to interrogate me upon, that I may answer them by writ, as not being able, in respect of my weakness, either to stand or gang (walk,) as this bearer can wit- ness. Further, I desire that if either the Laird of Bal- birny, or Alexander Brody of Lathem, be in the town, that they may have warrant to come to me, whereby I may impart to them somewhat of my worldly affairs, and if none of them be here, that some other friends may be admitted ; and your Lordship's answer I hum- bly crave. " Jo. Stewart." It appears from Sir Thomas Hope's letter, that this confession did not satisfy the Committee. " Mr John Stewart (he says) has since confessed his knavery in the general, but has not yet cleared the particulars," — JOHN STEWART'S CONFESSIONS. 475 and Hope's letter is dated on the 7th of June, the date of the production of that confession and petition before the Committee. Some days afterwards, however, this unhappy man " cleared the particulars," for, among the same manuscripts, is the following original deposi- tion : — " 10th June 1641. In presence of the Lord Bal- merino, Sir Thomas Hope, and Edward Edgar, Mr John Stewart was examined upon oath. " The said Mr John being solemnly sworn to declare the truth, confesses that there were none other acces- sory to the making up of that discourse, which the de- poner deponed before the Lords of the Committee against the Earl of Argyle. And declares that the Earl of Argyle having spoken of Kings in general, and cases wherein it is thought Kings might be deposed, the deponer did take the words as spoken of our King ; and, out of his malicious desire of revenge the deponer confesses he added these words, ' that the first thine* the Parliament would have begun upon was to depose the King ;' and sicklike added these words, ' and howsoever they had continued the doing of it at this time, yet he feared it should be the first thing they would fall upon at the next session,' — or, * it will be the first thing will be begun at in the next session,' — and declares that the Earl of Argyle's words were only these in general, viz. ' that there was a discourse at the Parliament of the reasons and cases of deposing of Kings in general,' which the deponer did apply to our King, and the present time, in manner contained in his deposition* before the Commit- tee, last (day of) May 1641. And siclike declares, that the Earls of Montrose and Athol desired the deponer to in- * This deposition I cannot discover among the other MSS. 476 MONTROSE AND THE COVENANTERS. quire what bonds were either prest or taken by the Earls of Argyle or his friends, and to try how he carried him- self in his late commission in Athol and elsewhere, and sicklike to collect what presumptions there might be that he aspired to higher superiority, or some such words above his equals, with that caveat by Montrose that the deponer should rather keep himself within bounds than exceed. According whereunto the deponer went and gathered every presumption, and every clatter, which the deponer vented. And sicklike the deponer declares, that when the deponer told the former discourse to the Earl of Montrose, (as is contained in his deposi- tion of the last of May,) * in presence of the Earl of Athol, the said Earl did object nothing to the contrary, but did require the deponer to give him a copy of those words, to compare it with his own memory, which the deponer did within a few days thereafter. The deponer being interrogated what was the reasons of his malice against the Earl of Argyle, which moved the deponer to forge such malicious calumnies against him, declares that the Earl of Argyle, in all the particulars of his own, was his very good friend, before the com- mission granted to the Earl of Argyle against Athol by the Committee of Estates, and that all the reasons the deponer had were in execution of the said commis- sion, and especially for sending of the deponer and his complices to Edinburgh, and refusing to take cau- tion of them in Athol, and in refusing the deponer liberty to go to his own house by the way, and for some speeches spoken by Archibald Campbell against the Earl of Athol, whereby he sould have said j- that * This date confirms Guthrie's statement that Stewart was brought to Edinburgh on the 30th of May. t i. e. Did say. john Stewart's confessions. 477 if the said Archibald had eight days time, he would get as much against the Earl of Athol as might endanger his life and estate, which the Earl of Argyle had in his pocket." * Now it was on the day following that on which the above deposition of John Stewart was emitted, that Montrose and his friends were taken by surprise, and sent with public ignominy to the castle. Yet so far was that evidence from fortifying the wretched trash previously extorted from Walter Stewart, that it only tended to confirm the fact of Montrose and his friends being innocent of the shadow of a public crime. The miserable state of body and mind to which John Stewart had been reduced, and his terror at the prospect of his fate, cannot be doubted after the documents now pro- duced. Had he, under these circumstances, cast all the odium of his alleged false testimony (as Lord Nugent and Mr Brodie have done) upon Montrose, had he ac- cused that nobleman of instigating him to raise a ca- lumny against Argyle, for factious purposes, however eagerly such a declaration would have been seized and acted upon by Argyle, and his subservient Committee, most unquestionably it would have been totally unwor- thy of credit. But, in his utmost misery, John Stewart said nothing of the kind. His confessions absolutely refute the assertion that Montrose incited or suborned him to accuse Argyle. Taking those confessions as they stand, (though clearly Montrose is not to be judged by them, f ) no more is brought out than that •Original M.S. signed "John Stewart. — Balmerino, Thomas Hop, Edward Edgar." f Montrose's own account of the matter will be given in a subse- quent chapter, from the original manuscript. 478 MONTROSE AND THE COVENANTERS. Stewart reported high treason to Montrose, who re- quired his informer to obtain the substantial proofs. But Montrose accompanied his instructions with this caveat, that Stewart, in collecting the proofs should rather keep within bounds than exceed, an injunction the very reverse of an attempt or desire to adduce false evidence. Stewart had put all that he knew, or pretended to know, of the treasonable speeches and designs of Argyle, in writing, which he so communi- cated both to Montrose and Athol. From all this in- formation, and also from the conversation of Lord Lind- say, as well as the Argyle bond which had been offered to Montrose himself for signature, he had become satis- fied that Argyle was a traitor in the disguise of a pa- triot, — was, in fact, that character his own father had predicated of him, and all subsequent history has prov- ed him to have been. Montrose appears to have en- tertained some idea, though probably not very determi- nate, of impeaching Argyle, and others of the faction, in a constitutional form before the King and Scots Par- liament of 1641 ; a measure by which Montrose would have given every just and equitable advantage to the accused, and taken every risk of failure upon himself. The power and factious talents of the anti-monarchical party were too many for this loyal nobleman, and the pre- mature declaration of his suspicions, extorted by the Ar- gyle committee, left Montrose no other alternative than to send for his informer, and make him declare before that tribunal, and face to face with Argyle himself, the treasonable circumstances he, Stewart, had reported and put in writing. Stewart did so at once, but afterwards recanted under the circumstances, and to the extent we have seen. As there was yet no case, either upon the depositions DEMEANOUR OF THE PLOTTERS. 479 of Walter, or the confessions of John Stewart, against " the Plotters," that could bear the light of day, and as the honourable parties themselves had all declared in terms that distinctly separated what was true in Wal- ter Stewart's secret evidence from his falsehoods, and mystical absurdities, it became the object of the faction to involve Montrose, and the rest, at least in the sem- blance of contradictions, by perpetual and vexatious ex- aminations, instituted, contrary to every principle of justice, for the purpose of causing the accused to cri- minate themselves. Montrose and Keir vainly endea- voured to % frustrate this worse than factious proceeding, by a spirited determination to answer no more inter- rogatories in private, but to demand a speedy and pub- lic trial. Napier, with equal firmness, and more inge- nuity, contrived to avoid what the Committee called contumacy, but without compromising either himself or his friends. On the 21st of June, Balmerino and some others had been with Montrose in the castle, but found a different spirit to deal with than in the wretched John Stewart, who at this time was fearfully awaiting the result of his own pusillanimity. The mind of Montrose shone forth amid these trying circumstances. His spi- rit was indomitable, but ever displayed itself in the calm and dignified demeanour, nay, in the elegant lan- guage, of a perfect gentleman, who would have graced any age of civilized freedom. Balmerino's mission having failed, an order was sent to bring Montrose be- fore the Committee, and even from the secret record of his enemies shall we now illustrate his demeanour. The following is from the original manuscript signed by the President of the Committee. " At Edinburgh, 22d June 164-1. The Committee 480 MONTROSE AND THE COVENANTERS. gave warrant to the Constable of the Castle to bring down the Earl of Montrose, and directed the Earl of Sutherland to attend his Lordship from the Castle, in coach, to the Committee; who going there returned with this answer : — " ' My Lord, — I am most heartily willing, in all humble obedience, to attend your Lordship, according to the Committee's commandment towards me, and their pleasures to your Lordship. But, as I do conceive, this appears to be grounded upon some discourse which did pass betwixt me and some appointed here yester- day for that end, wherein it seems there are some mis- takes ; for I, being required to declare myself upon some articles whereon I was to be questioned, answer- ed, that seeing it was for matters that harmed the pub- lic I was questioned, I did conceive, in my humble opi- nion, (with all respect,) the more public my trial were, the further should it tend to the satisfaction and con- tentment thereof, — that, as the scandal was notorious, and national, so likewise should the expiation be, one way or another. This is all I either have to say or can answer ; and lest it should consume too much time to the public, (which may be much better employed,) since all but shews a misunderstanding, I must humbly intreat your Lordship to represent this much, together with all the humble obedience that can be performed by your servant.' " * This mission having also failed, the Committee or- dained the provost and bailies to go in their name, and charge the constable of the Castle to render Montrose to them, and to bring him down to the Committee un- der a sure guard. This, adds Spalding, " they did, be- * Original MS., signed " Craighall, LP. D." 3 MONTROSE AND THE COMMITTEE. 481 ing about four hundred men." The same chronicler re- cords that, to the Committee's interrogatories, Montrose " would give no answer, nor solution, saying, he would answer in Parliament before his Peers, and was no more obliged." But let us again bring to light, the best evi- dence in favour of Montrose, namely, that of his ene- mies, as afforded by their original draft of the pro- ceedings. " At Edinburgh, 23d June 1641. The Earl of Mon- trose being appointed to appear before the Committee, was brought down, who being desired to answer to some interrogatories, which he shunned in a fair way of dis- course, but would not say positively he would refuse to answer. The Committee appointed him to declare in direct terms, yea or not, who, being thereafter call- ed, still put off with generals, and would not con- descend, at least expressly yea or not, and still adher- ed to his paper before written. The Committee de- clared they would take his answer for a denial, which being intimated to his Lordship, and one of the inter- rogatories asked, he continued still in his former refus- al, which the Committee taking to their consideration, after the asking of opinions of all the noblemen, and considerable gentlemen, and others present, they all found that the Earl of Montrose is hereby disobedient and contumacious to the Committee, in refusing to an- swer to their interrogatories, which they desired the President yet again to intimate to the said Earl, that if he pleased he might yet recall his former denial, and obey the Committee, since he is so obliged by oath, sub- scription, and act of Parliament. This was intimated, and still the said Earl continued in his former denial."* * Original MS. signed " CraighaH, I. P. D." VOL. I. II h 482 MONTROSE AND THE COVENANTERS. How the Committee disposed of their contumacious prisoner, after this scene, the manuscript does not in- form us ; but from Spalding we learn that, " finding no contentment, they sent him back again to the Castle of Edinburgh, there to remain ; but Stephen Boyd, Captain thereof, was discharged from being Captain, and another captain called [Colonel Lindsay]* put in his place, because he suffered Montrose to have conference with the rest. Always they want that comfort now, and are now strictly keeped, so that each one of them had a page to wait upon him, and none suffered to go in nor out, but by permission, to speak with any of them. This was thought strict dealing, there being of Montrose's opinion, called banders, about nineteen noblemen, link- ed together against the committee government, sup- pose f good Covenanters otherwise." The same manuscript, which has preserved to us the details of Montrose's demeanour upon this occasion, proceeds thus to record that of Napier and Keir. " The Lord Napier (on the 21st June,) being first desired by the Lord Balmerino, Wedderburn, Sir Tho- mas Hope, and Edward Edgar, to answer to some inter- rogatories, he affirmed he could answer no more than what he had done by his former depositions, whereupon the Committee did send for him, who appearing, did an- swer ingenuously, as in his depositions of the date of these presents, 23d June 1641. * This blank in Spalding is supplied from the letters of Baillie, who says, that on "Wednesday, 11th August (1641,) Colonel Lindsay being sick, he got warrant to put in his place, for charge of the Castle, any for whom he would be answerable. He named Stephen Boyd, his pre- decessor, whom the Committee, for his too great respect for his prisoners, [i. e. The Plotters,] had shifted of that charge." -f- i. e. Notwithstanding they were. KEIR AND THE COMMITTEE. 483 ' The Laird of Keir being likewise desired, the said 21st June, did refuse to answer to any interrogatories, and being called this 23d June, before the whole Com- mittee, was interrogated whether he would answer to the said interrogatories, who answered, that he had answered already, and put the same in writing, where- unto he adhered, and since the matter for which he was called in question was concerning the public, he desir- ed he might be tried publicMij, and therefore desired to be spared. The President oft prest him to tell whether he would answer, yea or not, whereunto he still re- plied, that as oft as the President would demand him, he would as oft desire to be excused. The Committee after voting, found that he ought to answer, and not to stand to a refusal, and therefore appointed the Presi- dent yet again to require ; which being accordingly done, he still refused to answer. The President told him that the Committee would declare him obstinate and contumacious, whose answer was, that he should be content they should add that to tiie rest, and cen- sure him for altogether, if he, in any of his carriage or expressions, has misbehaved himself, for the which he ought or should be declared obstinate and contuma- cious."* Lord Napier's deposition of the 23d of June is not to be found among the manuscripts of the Advocates' Library. Fortunately, however, we are not left in doubt as to the nature of his " ingenuous answering;" for in the charter-chest of his family, notes of it, in his own hand- * Original MS. signed " Craighall, I. P. D.," and endorsed, " E. Mon- trose, L. Napier, Laird of Keir, anent their carriage in the answering to interrogatories, "21st and 23d June 1641." 484 MONTROSE AND THE COVENANTERS. writing-, are still preserved, which afford a most graphic account of his examination, and also of the method of the Committee in such investigations. As Napier's character for probity, and peaceful anti-factious disposi- tions, was well known in both kingdoms, it was a clog upon the virulent pursuit of Montrose and Traquair, that their case had become identified with this noble- man's, against whom it was scarcely possible to engen- der the popular excitement, and blind animosity, that was to come in place of legal evidence against the others. Accordingly the inquisitors were anxious, by all means, to shake off Napier, and the manner in which they en- deavoured to do so could not be better described than in his own words, which we quote from the original manuscript. " 23d June 1641. I was sent for out of the Castle by the Committee, and when I came there, Craighall * being Preses, and, looking upon a paper he had in his hand, said to me, he had some interrogatories to pose me on. To which I answered, that he need not inter- rogate me, for, as I told the Lord Balmerino, and the rest that were with him the day before in the Castle, I had deponed all I knew, freely and ingenuously, and, therefore, I desired him to compare them with his in- terrogatories, and if any of them was answered by my depositions, it was well, and if any of them was not satis- fied there, I could not do it, for I had deponed all I knew. And that not pleasing him, I asked him, if he would have me depone that I knew not ? But he would needs read his interrogatories, and still I urged to read my depositions for answer. At last he says, that Keir's * Sir John Hope of Craighall, the Lord Advocate's eldest son. NAPIER AND THE COMMITTEE. 485 depositions and mine did not agree, in so far as I said I had not seen the instructions, but only heard Keir tell them to me. To which I answered, ' that is no material difference ; since he made me know them by relation, I remember not that circumstance of shew- ing them ; but I rather trust his memory than my own, who, apparently trusting his relation, and taking a short view, might forget that circumstance.' Then they were given me to read, with the King's answers upon them. * ' These,' said I, ' are your own desires, and herein the public receives no prejudice.' But Humbie f did read them, and because they did run upon generalities, as laws and former laws, without making exceptions of the laws of the last Parliament,^ he would insinuate that we cared not for these. To which I answered, ' that is an ill commentary, — we were not to enter particular conditions with the King, but did touch the generals, leaving particulars to those who were em- ployed about the treaty.' Then I was desired to look upon Walter Stewart's notes in a long small piece of paper, and was demanded if I saw (had seen) them. I said, no. Then they were read, and I was posed what was meant by, &c, and, &c, || and the Elephant, and Dromedary, and the Serpent in the bosom. I said I knew nothing of these hieroglyphics, that they were Walter's own notes. But then I was demanded if I knew the purpose was expressed under these notes. I said I knew not what they meant. They told me then that * See them quoted from the Original Manuscript, p. 45-t. f Sir Adam Hepburn, one of Archibald Johnston's confidential cor- respondents. J The Parliament of June 1G40, which virtually overturned the mo- narchical government in Scotland. || Instead of repeating all the mystical terms in this MS., Lord Nil- pier writes," &c." 486 MONTROSE AND THE COVENANTERS. the Elephant was my Lord Hamilton, who was the serpent in the bosom, and that he had strange ambi- tious designs. I answered, that there was never any such purpose among us ; for I was resolved to answer to all that was demanded, and not in my depositions, with a No, as indeed I knew not what they meant.* Then I was asked if we three did not take an oath of secrecy before we went to the Castle. I answered we never took one oath or other. Then they read, in the paper, of one Signior Puritano. I demanded who that was ? They told me it was my Lord Seaforth, where- upon I fell a laughing, and said he was slandered, and they fell in a great laughter. Then they posed me concerning Wigton. I answered that I had never seen Wigton since, nor knew nothing of it. Then I was asked concerning the keeping up of the Offices of Estate. I referred them to my deposition upon that point, which was read, and then I said we all did think the King would not be so simple as to dispose of them till he came hither, and when he came I did think it would be his last act. Then a paper, which came from Traquair, was shewn me, which I said I knew not, and so said they too. t So whatever they de- manded of me which was not in my depositions, I re- solved to answer, with a negative. Only one thing they * From Lord Napier's scrupulous accuracy, upon which he prided himself, we understand this to mean, that, instead of refusing to an- swer, as Montrose and Keir did, he would answer negative where he could, but without entering into explanations, additions, or qualifications. This he calls " negative answers without discourse," which, however, he was only induced to add to his previous depositions, in order to " avoid contumacy." f Yet we shall find that this mystical dealing with Traquair was made the ground of the libel against Napier, as well as the rest. NAPIER AND THE COMMITTEE. 487 posed me, concerning the dissolving the army, the an- swer was so fair as I resolved to satisfy them, and said, * truly, my Lord, your question has brought something to my mind which I omitted in my depositions ; I re- member Walter Stewart said that the King could not with honour come home, the army being lying in his way, to which it was answered, that we had our Com- missioners at London, if the treaty did not take ef- fect, the King would not come home at all, and if it took effect, then the army would either dissolve, or they would be his army, and lay down their arms at his feet, so that would be no impediment.' " Then I was removed, and a long consultation was had concerning me. At length I was called in, and there, in great pomp of words, and with large com- mendations of me in the course of my life, this sentence was pronounced, that the Committee had ordained me to havejree liberty, and to repair to my own house, to do my lawful business, and an act read whereby I was obliged to answer them when they should call for me. To which I replied, that I knew that sentence proceed- ed from their favour to me, but truly in very deed it was no favour, but the doubling of a disgrace, first to send me to the Castle as a traitor to God and my coun- try, in the view of all the people, and then, by way of favour, to let me go, which, if I did accept, was a certain though a tacit confession of guiltiness. It was answer- ed, that it was not only favour, but out of considera- tion, that I was less guilty than the rest. To which I said that I knew I was as guilty as any of the rest, and they knew nothing which they did not impart to me, and had my approbation. At which words they cried all out that I was much deceived. Then I was earnestly desired not to contemn the Committee's sen- 488 MONTROSE AND THE COVENANTERS. tence, but accept of it. To which I said, that the Commit- tee might command me to hazard my life and means to do them service, but this was my honour, which I esteem- ed dearer than either of the other two. For if my re- leasement were not got by means of my innocency, after trial, and not by favour, I could not avoid impu- tation ; all the world would think that I had taken a way by (separate from) Montrose and Keir, and de- poned something to their prejudice, which procured this special favour to myself ; and therefore entreated them not to put a double indignity upon me, whom they esteemed less guilty, when, as yet, they had put but a single upon them. Whereupon I was removed, and there followed me my Lord Yester, Ould Durie, * and Archibald Campbell, who, for two hours I think, plied me with arguments to accept and obey the Com- mittee's pleasure. Not being able to persuade me, the Committee gave warrant to receive me in again to the Castle, to be advised for a night. So I retired, and two or three of them followed me to the door, and by the cloak stayed me there, but all in vain. " So, for any thing I can gather, the great fault they * Whether the scene recorded by Lord Napier was before or after the extraordinary abduction of this " Ould Durie," as he was taking the air on Leith sands, does not appear. It is worthy of remark, however, that Lord Traquair, the nobleman whom the Committee of Estates af- fected to believe, was at the bottom of this plot, is the same to whom Christie's Will thus addresses himself in the well known ballad, — Oh, mony a time, my Lord, he said, I've stoun the horse frae the sleeping loun ; But for you I'll steal a beast as braid, For I'll steal Lord Durie frae Edinburgh toun. Oh, mony a time, my Lord, he said, I've stoun a kiss frae a sleeping wench ; But for you I'll do as kittle a deed, For I'll steal an aidd lurdane aff the bench. NAPIER AND THE COMMITTEE. 489 think to find is, that there was practising with Tra- quair, an incendiary. Admitting, but not grant- ing, that it were so, it ought to be considered to what end that dealing was, to wit, to bring hither the King, to give his people satisfaction, to settle his own autho- rity, and cure the distempers of the State ; and if that end was for the good of the State, the means, Traquair, (called but not yet declared an incendiary,) was no such sinister one as deserves imprisonment. As for any thing that reflects upon Argyle, it is his own fault that urged so ; neither are particular acts of * * * * to be accounted prejudices to the public, unless the one as well as the ojher be esteemed so. * By Walter Stew- art's notes they think there is some practice against the Marquis,f and think to draw us in that of which we know nothing, if any be ; and certainly that suspicion has got us, all his friendship, to be our enemies. " My negative answers without discourse, to all not comprehended in my depositions, did well agree to that I said, that I had already deponed all I knew. But I was loath to do so,| till, after long fensing, they would needs read interrogatories, and I behoved to hear them. It avoided contumacy, and I could wish my Lord Mon- trose and Keir did the like, for once only, and never answer more, negative nor affirmative. For by their not answering they (the Committee) think their inten- tion is to put off till a Parliament, though they do not appeal. But if they press us to any more answering, * This sentence is obscure, and there is one word of it illegible in the manuscript. f The Marquis of Hamilton. This false alarm on the part of Hamil- ton and Argyle resolved into " the Incident," to be considered after- wards. J i. c. To answer at all. 490 MONTROSE AND THE COVENANTERS. it is but to ensnare and entangle us in contradictions, and it is not fit we do it." * When it was found that no more could be made of John Stewart's " weakness of body and spirit," Argyle determined to put him to death.f The Parliament met on the 15th of July, when letters from the King were read, announcing that he could not be in Scotland until the following month. It was the law that the courts of justice should not sit during the meeting of Parlia- ment. It was the will of the de facto King of Scot- land, that Stewart should be disposed of before the King, dejure, arrived, and, accordingly, he obtained a Parlia- mentary dispensation from this rule. Argyle, and his dark familiar, Archibald Johnston, with the hearts of hares,£ possessed the savage nature of wolves, and the cunning of foxes. " Whereas," said Johnston in his secret correspondence with Balmerino, " I was never for their blood, but only for their confes- sion, if we get these recriminations I think they deserve justice, secundum merita" § On Tuesday, the 20th of July 1641, Argyle stood up in his place in Parliament, and solemnly protested, that the matter of Mr John * Original MS. in Lord Napier's handwriting. — Napier Charter-chest. -j- " The Earl of Argyle, and the Committee, consulted Sir Thomas Hope, and other lawyers, upon the question, whether, seeing Mr John had assoilzied his Lordship of those speeches, and under his hand had took upon himself the guilt of forging them, it was fit that he should suffer, or, on the other part, be pardoned and preferred. The resolution was, that, if Mr John were spared, all men would think that he bad been bribed to make that recantation, and that, therefore, it was necessary for Argyle' s vindication, that he should suffer." — Bishop Guthrie. % Witness the life of Argyle, and the death of Wariston. § i. e. According to their deserts. In Lord Hades' collections, these Latin words had been misread for " rather than mercy? which, how- ever, conveys Johnston's actual meaning. FATE OF JOHN STEWART. 491 Stewart's trial concerned not his, Argyle's, credit and ho- nour alone, but that of the whole House ; in the face of the public he declared that he did not bear malice against any man's person, but what the sequel of this affair might prove he remitted to the wise consideration of the House ; lest, however, it should be thought that the judges favoured him in any thing, he humbly de- sired that the House would be pleased to appoint some of their number to be assessors to the Justice-Deputes, that by their help and advice, these things might be decided by law. Accordingly, Lord Balcomey,* Lord Elphinston, Rigg of Ederney, and John Seinple (pro- vost of Dumbartane, a most violent factionist,) were ap- pointed to assist the judges. Lord Elphinston petitioned the House * that his conscience would not suffer him to sit as judge to Mr John Stewart, in respect he him- self was within degrees descended to my Lord Argyle ; the House ordains the said Lord Elphinston and his colleagues' assessors to proceed and do justice.'"! And yet before this farce occurred, an act and decree, dated 6th July 1641, had been passed by the Committee of Estates, by which the doom of John Stewart was sealed. The Committee had already entered into the whole merits of the case, expressly exonerated Argyle, and, declaring that all Stewart's informations were ma- licious lies, remitted him to be tried accordingly. Once again were the old statutes against leasing- making recapitulated in a libel of Sir Thomas Hope's, — the statutes which had been so scorned and rejected * Sir James Learmonth, a Lord of Session, of whom Nicol, in his MS. Diary, says that he was a man " very painful in his office," and that he died suddenly in Ids seat on the Bench, 1G57, " winch was esteemed to be a national judgment." f Balfour's Journal of the Pari. 1641. 492 MONTROSE AND THE COVENANTERS. of the faction — the memorable crime for which Balrnc- rino had, according to them, been so unjustly tried, so unfairly found guilty, so inhumanly condemned, and so tyrannically pardoned. The principal charge against Stewart was that of asserting and spreading abroad, by information given to Montrose and others, the alleged discourse of the Earl of Argyle in his tent at the ford m of Lyon. The other charges consisted of the allega- tions as to the nature of the private bonds pressed upon the lieges by Argyle. All this, which constituted a very doubtful charge of leasing-making, under the Statutes, was worked up into a long and intempe- rate libel, interlarded with many opprobrious epi- thets. The evidence chiefly relied upon was the con- fession, by various letters and depositions, of the un- happy man himself, whose pleas, feebly urged, against the particular application of the statutes to his case, and the jurisdiction of the Committee by whose act and decree he was remitted for trial, were all re- pelled. He was again brought to make out the case against himself by a confession, in general terms, at the bar. The jury returned a unanimous verdict of guilty, and John Stewart was condemned to have his head struck from his body, on the following Wednesday, be- ing the 28th July 1641.* The clergyman who attended him in his last moments was Mr Henry Guthrie, mi- nister of Stirling, afterwards Bishop of Dunkeld, the sameto whose contemporary memoirs we have frequently referred. This clergyman states, upon the authority of Stewart, that the confessions were extorted by the delegates of the Committee, who tempted him with promises of life, and even of preferment ; " and," adds * Orig. MS. Records of Justiciary. FATE OF JOHN STEWART. 493 this ear and eye-witness, " it was observed that at his dying he had not that courage which is ordinary to gallant men at their deaths ; the reason whereof was construed to be an inward discontent for bearing false- witness against himself, when he found that the course, whereby he thought to have rescued himself from suf- ferings, proved the reason of it. This made him queru- lous against himself, as being the cause of his own death ; and it was publickly talked that he expressed so much to divers friends, especially to Henry Guthrie, minister of Stirling, of whom he made choice to be as- sisting to him in his preparation for death, and who for that end was with him alone in the prison, the day be- fore his death, from three o'clock in the afternoon till eight, and the morrow, being the day whereon he died, from ten o'clock in the morning till three in the after- noon, that he went to the scaffold, where also at his earnest desire, Mr Guthrie waited upon him, and left him not until he received the blow." The covenanting chronicler, Baillie, particularly evinces upon this occasion his aptitude to take refuge from the dictates of his own conscience, in the vague- ness of extravagant assertion, and the determined dog- gedness of fanatical calumny. Wild and contradictory as his epistolary allusions to this catastrophe are, we must here notice them particularly, for they seem to be the root of all the modern misconceptions and railing against Montrose on the subject. " Mr John Stewart," he says, " was condemned to die by an old act of Par- liament. He supplicated the Parliament for mitigation of his censure. It is true that none ever died for trans- gressing that act, and Balmerino being condemned for an alleged transgression was thought to have got great wrong, nnd the preparative may prove very dangerous. 494 MONTROSE AND THE COVENANTERS. Whereupon some of the justices were very scrupulous to pronounce sentence." Thus far Baillie's conscience, — let us hear how the Covenanter smothered it : " Yet Mr John was stirring for the life of Argyle, Hamil- ton, Rothes, and, by consequence, at the overthrow of our treaty of the peace and welfare of the whole isle. It was therefore thought necessary to make an example, so much the more as his friends, for whose pleasure his lies were invented,* were giving out that all was but collusion betwixt him and Argyle, who undoubtedly would purchase him a free remission. These tales made Mr John be remitted to the judges, who would nor could not dispense with his execution." Now in the original records of Justiciary, where the proceedings against this unhappy man are to be found, we can- not discover that he was tried for, or charged with an attempt against any nobleman but Argyle. Yet Baillie, to enhance the necessity of the case, thrusts in Hamil- ton and Rothes, and the peace and security of the whole isle, but gradually loses himself in the vagueness of covenanting calumny, until it appears that " tales of collusion made Mr John be remitted" for execution. Then mark the progress of the calumny against Mon- trose. John Stewart's " friends" are the parties upon whom Baillie casts his blood. " It is very likely," says Mr Brodie, " that the punishment never would have been inflicted, had it not been for the pertinacious wickedness of Montrose, who privately circulated \ that the con- * This vague accusation seems to be founded on John Stewart's mi- serable expressions, — " beseeching'his Lordship to have compassion up- on my wretched estate, being only desirous to have pleasured the re- ceiver thereby." + What meaning did our historiographer attach to his own expres- sions, " pertinacious wickedness," and " privately circulated ?" If Montrose, hearing that John Stewart had recanted, under the secret 3 FATE OF JOHN STEWART. 495 fessions of Stewart had been procured by the undue practices of Argyle." And then comes the biographer of Hampden, leaning upon modern historians whom he never tested, and quoting records he never saw, and, with a more desperate and triumphant plunge into the mud of political calumny, pronounces for history — " no- thing then remained for Montrose, but to denounce Stewart, as having been suborned to forge this confes- sion, and thus embroiling the charge, he left his wretch- ed accomplice" &c. Malcolm Laing appears to have glanced at the col- influence of the Argyle Committee, really said to any of his friends, that he suspected collusion, this would not have been " pertinacious wickedness," but the rash expression of a very natural surmise. Then Lord Nugent's re-revised version of the matter, wherein he figures Montrose denouncing Stewart, as having been suborned to forge, is still more extraordinary. Let us turn from these historians to facts and dates. John Stewart was induced to " clear the particulars" early in June. His confessions were private, and when, after Stewart's execution, Montrose petitioned Parliament for copies of those confes- sions, to prepare for his own trial, they were denied to him. The day after Stewart made his principal confession, Montrose was sent to solitary confinement. About the 23d of that month, the consta- ble of the castle was dismissed, for suffering Montrose to see and speak to Napier and Keir. Upon the 21st of July, the new constable applied to Parliament to know if he might so far relax the confinement of Montrose, and the rest, as to receive petitions from them to the Par- liament, to be delivered to their friends. A majority of the House allowed this. On the same day a petition was received, in this manner, from Mon- trose, praying to be allowed to confer with Napier and Keir in pre- sence of the constable. This was refused. On the 28th of July, John Stewart was executed. On the following day another petition from Montrose, to be allowed to confer witli Napier and Keir, was refused. On the 30th, the constable was authorized to allow Montrose to con- fer, in his presence, with so many friends, and no more, as could be commanded. When and how was it, then, that the " pertinacious wickedness" of Montrose, made the sentence to be put into execution against Stewart, either by " privately circulating" or " denouncing," that his confession was suborned by Argyle ? 496 MONTROSE AND. THE COVENANTERS. lection of original manuscripts from which we have ex- tracted the various documents relating to the trial of John Stewart, but the notice of them, in that author's his- tory of Scotland, indicates that he had done this so hastily, and partially, as only to be misled,* Alluding to Bishop Guthrie's too probable statement, he says, in the passage referred to below, " were we to believe the royalists, Lord Balmerino and Gibson of Dury tampered with Stewart to retract the charge, f and when persuaded to do so by an assurance of life and preferment, he was tried and executed at the instance of Argyle. Such odious and complicated treachery, which has been too hastily credited, is disproved by the original depositions before the Committee of Estates ; which, fortunately for the memory of Argyle, are still extant." But it is far from being fortunate for the memory of Argyle that these manuscripts were preserved, as this historian must have seen had he taken the trouble to decypher them, and even his meagre abstract, of some of their contents, tends to condemn the object of his justification. Mr Laing only quotes the few lines of John Stewart's * The manuscripts alluded to are bound together in a confused mass. V. 65, Wodrow's papers, Advoc. Lib. The depositions, &c. are volumi- nous and intricate, some of them much defaced, and all of them difficult to decypher. Mr Brodie in his history, (iii. 148. note,) simply refers to the volume in support of his own and Baillie's statements, of which, how* ever, these manuscripts contain a complete refutation. Perhaps our historian only referred to this volume of manuscripts through Malcolm Laing's reference, (Hist, of Scotland, Vol. i.p. 500, note,)as Lord Nugent has referred to it through Mr Brodie, and in this most inaccurate form, — " Woodrow , s MS. Letters, in the Advocates' Library, as quoted by Mr Brodie." — Mem. of Hampden, Vol. ii. p. 96. t We now know from Lord Napier's notes that they tampered with him. That the same clique had been privately with John Stewart in prison we have also proved ; and when we see their method with Napier, it is not difficult to believe Guthrie as to their management of so wretch- ed a creature as Stewart. 4 THE CASE FOR ARGYLE. 497 recantation, where he, Stewart, states the interpola- tion of which he accused himself, and in which he draws the distinction betwixt a discourse of Kings in general, and the King in particular. Now, adds Mr Laing, — " that this confession was strictly true appears from Sir Thomas Stewart's original declaration," — al- luding to a more cautious version of the matter, as refer- ring to Kings in general, which Sir Thomas declared he wrote out for Walter Stewart. * But so hurriedly, in his anxiety to controvert " the royalists," had our historian examined the matter, as not to perceive that, in reference to the character of Argyle, the assumption of the truth of John Stewart's recantation is equally dangerous as to suppose that it was fictitious. If Sir Thomas Stewart's attestation proves that John Stew- art's confession was " strictly true," what does it prove of Argyle's declaration ? That nobleman, with passionate oaths, " denied the whole and every part thereof, whereat mamj wondered." Nor is this a mis-statement or mistake on the part of Bishop Guthrie. Although John Stewart was condemned upon the confessions obtained from him, and although, — when at his trial he desired to adduce certain witnesses in support of his information as to the trea- sonable bonds, — he was peremptorily met with his own plea of guilty, yet Argyle thought it necessary to prove that the recantation as it stood was still essentially false. He produced certain depositions, of his own clansmen and followers, who were about him at the ford of Lyon, — those " supple fellows, with their plaids, targes, and dorlachs," — in order to prove that not one * Sir Thomas Stewart's (younger of Grantully) share in these trans- actions will be disclosed in the chapter of Traquair's defence. VOL. I. I i 498 MONTROSE AND THE COVENANTERS. word of a discourse, in reference to what passed at the Parliament in June 1640, about deposing Kings in particular or in general, had occurred in his tent. These depositions upon oath are among the same collection of manuscripts from which we have extracted so much, and this evidence is strangely opposed to the details of that very plea of guilty upon which John Stewart was condemned. Upon the 14th of June 1641, in presence of the usual conclave, Lord Balmerino, Sir Thomas Hope, and Edward Edgar, and after being confronted with, and hearing John Stewart, — 1. " The Laird of Glenurqulnj declares that he staid within the Earl of Argyle's tent all the while, from the Earl of Athol, and the gentlemen of Athol, their entry in the tent, until the time that they as prisoners were delivered to those who were appointed to have the charge of them, whereof himself was one ; and went no far way out of the same till they were taken to Ballach, and till he received three or four of the pri- soners in his custody. And further, the deponer de- clares, that he remembers he sat in the tent hard by the saids two Earls, and heard the discourse that passed publickly betwixt the Earl of Argyle and the Atholmen, all which, as the deponer remembers, tended to the doing of their duty in the public business of the king- dom, and depones that he does not remember that he heard the said Earl of Argyle discourse anent the pro- rogation of the Parliament, neither had his Lordship any speeches at all anent the deposing of Kings in ge- neral or particular •, and this the deponer declares to be of truth, upon oath, being solemnly sworn in presence of the said Mr John Stewart." %. " Mongo Campbell, fiar of Lawers, depones upon oath, that he was in the Earl of Argyle his Lordship's THE CASE FOR ARGYLE. 499 tent, when the Earl of Athol and gentlemen of Athol came there ; and staid there all the time, except (whereof he does not fully remember) he went out and came in presently again, and that he did hear all the discourse passed betwixt the said Earls and others ; and declares, he remembers not of any discourse had by the Earl of Argyle anent the prorogation of the Parliament, or of the reasons' or ground for deposing of Kings in ge- neral or particular, as witness these presents sworn and subscribed in presence foresaid." 3. " Alexander Menzies of Weeme, being sworn solemnly, deponed, that he was in the Earl of Argyle's tent when the Earl of Athol and gentlemen of Athol that were prisoners, came there ; and that the deponer staid there until they condescended on the sending out of the fourth man, * and the chusing of the Captain ; and does not remember that the Earl of Argyle dis- coursed to them anent the deposing of Kings in gene- ral or particular, or of prorogation of the Parliament, whilst the deponer was there, as witness these sub- scribed in presence foresaid." 4. " Sir Duncan Campbell, of Auchinbreck, (on the 15th of June,) being examined upon oath, declares, that he had the charge of the guard the day that the Earl of Athol came to the ford of Lyon, which occasioned him to conduct the Earl of Athol and rest of the pri- soners to the Earl of Argyle's tent, where, for the most part, he remained all the while the Athol-men were within the same, except at such times as his charge did draw him out, and so was still coming in and out, * This must allude to that notable illustration and evidence of the covenanting unanimity of feeling throughout Scotland, winch consisted in the conscription of every fourth man to serve in arms for the Co- venant. 500 MONTROSE AND THE COVENANTERS. and declares he heard the discourses anent their obedi- ence in coming there ; as also in sending out their fourth man, and such things concerning the public ; and declares he heard nothing either of the prorogation of the Parliament, or of the reasons why Kings might be deposed either in general or particular, as witness these subscribed with the deponer's hand."* This negative evidence, of those who did not hear, or did not remember, — even were it of a less suspicious character than, under the circumstances, Argyle's fol- lowing can be admitted to be, — is not of the same value as the positive evidence of those who did hear. There is not only the unvarying declarations of John Stewart, and the written statement of Sir Thomas Stewart, that some such conversation occurred, but it was reported to Montrose in presence of the Earl of Athol, who seems to have admitted the conversation.! Nor is this all. Montrose in his declaration also refers to Ogilvy of Inchmartin, as having heard the words. I have not been able to discover Inchmartin's first declaration, but that he had been examined, and that his declara- tion was not to the same effect as the evidence of Ar- gyle's followers, is manifest from his answers to some additional interrogatories that had been put to him in writing. From the original manuscript of these ques- tions and answers it appears that he was interrogated, — " if ever he heard of that discourse which he alleges the Earl of Argyle spoke at the ford of Lyon, before that time, and when and of whom ?" To which Inch- martin replies, — " I never heard of it before that time at the ford of Lyon, by any man." . * From the original M.S. subscribed by the parties respectively, and by Bal merino, Sir Thomas Hope, and Edward Edgar, f See p. 476. 3 THE CASE FOR ARGYLE. 501 • It is impossible to peruse the manuscripts we have quoted, without being satisfied that Argyle attempted to support what he knew to be false. That John Stewart had been guilty of exaggeration, by asserting the express and particular application of what the wily Earl had put in more guarded terms, is possible. But Stewart never could have imagined the insane project of entirely inventing a conversation, as having pas- sed in a crowd of witnesses, naming the particular men who had heard it, had the fact been that not one word of the kind ever passed. The hopeless scheme of ruin- ing, by a falsehood utterly baseless, and certain of de- tection, the most powerful, the most vindictive, and one of the most able men in the kingdom, could never have entered a human brain. This circumstance, moreover, renders Argyle's defence incredible, name- ly, that John Stewart wrote to him, on the 5th of June, the letter we have quoted, and which, in the most abject terms of broken-hearted terror, offers a complete recantation. Now, upon the 7th and the 10th of the same month, we have the confessions he promised, and both contain the modified version of the discourse, as applied to Kings in general, to which he also adhered on his trial. Is it possible, under the circumstances, that John Stewart would have still adhered to so much, nay, the essential part of his falsehood, supposing the fact to have been that nothing was said of Kings in general or particular ? On the other hand, the idea of some such discourse having pas- sed, is powerfully corroborated by its alleged relation to that debate in the Scots Parliament of June 1640 ; a debate which (as we now know, from the admission contained in Archibald Johnston's secret letter,) Argyle and the faction had maintained against the King's in- 502 MONTKOSE AND THE COVENANTERS. • terest, to an extent which they themselves felt conscious inferred high treason. And this, too, must be taken along with it, that out of this same debate, — the mut- tering of a storm that uprooted the throne, — grew that innocent conversation of Sir Thomas Hope's, at New- castle, about Kings in general, to which Lord Lind- say's general discourse of the blessing of a Dictator- ship, and the high estimation in which the Earl of Argyle was held, forms another curious pendant. So much for the discourse which Sir Thomas Hope, in his libel, calls " the last great lie at the ford of Lyon anent the deposing of the King." With regard to the preliminary charges, " the lies upon the three bonds," Argyle also considered it incumbent upon him to ad- duce some proof exculpatory of himself in addition to John Stewart's plea of guilty. " 15th June 1641. The Earl of Argyle produced six bonds, one whereof by the feuars and tenants of Bade- noch, for payment of their duties ; another for doing their duty in the public ; a third by the men of the Brae of Mar and others, for doing their duty in the pub- lic ; a fourth by the baron of Broachly and others anent the public ; a fifth of the Lord Ogilvy's friends anent the public; and a sixth of the men of Athol and others for doing their duty in the public ; whereof two of them are acknowledged by Mr John Stewart to be the bonds mentioned by him in his deposition last May 1641."* Now this proves at least the extensive dealing of the Earl of Argyle in bonds, pressed upon the lieges in support of " the cause," which cause considered his * Original MS. signed Sir A. Gibsone, I. P. IX THE CASE FOR ARGYLE. 503 Majesty as " the enemy ;" and it is easy to under- stand how deep and dangerous might be the treason- able design and effect of such bonds from the Earl of Argyle, without that nobleman's constitutional caution having so far forsaken him, as to allow such designs to appear very expressly on the face of the bonds. Thomas Menzies, son to the Laird of Weeme, was al- so examined on the subject of the bond said to have been shewn to his father, and he " declares that there was a copy of a bond shewn by Glenlyon, which was for maintenance of the Religion, Laws, and Liberties of the Kingdom : and declares he never saw any bond wherein the Earl of Argyle is named without relation to the public, neither is he assured whether the Earl of Argyle's name was in it or not, but he thinks it was." But what better right had the Earl of Argyle to be " pressing" such bonds without the knowledge of Montrose, and the conservative noblemen, than Montrose had to get up his bond, for the mainte- nance of the Religion, Laws, Liberties and Throne of the kingdom, without the knowledge of Argyle and his faction ? The Committee, however, on the production of these Argyle bonds, pronounce, at Ar- gyle's express desire, a decree, dated 17th June 1641, approving of them all? and finding " the taking of them to be good service to the public, and ordains an act to be granted to the said Earl thereupon."* How completely is the ground of Montrose's bond, " the private and indirect practising of a few," justified * The bonds themselves I cannot discover among these manuscripts ; but their dates are mentioned in the act and instrument of approval, as being all of 2d and 3d July 1610, that is, shortly before Montrose got up his conservativ e bond at Cumbernauld. 504 MONTROSE AND THE COVENANTERS. by the secret machinery of the Movement. In Scot- land, the mysteriously signified will of the snake in the grass — the false " Gillespie Grumach," was the only law. Upon his nod depended the life or death of John Stewart. ' It is,' said his wretched victim, ' upon the act and decree of the Committee of Estates that I am now pursued before the justices ; but the Parlia- ment has solemnly agreed to conclude no business until the King is present. The act of the Committee, there- fore, stands unratified by Parliament — postpone the conclusion of my process, or the pronouncing sentence vintil the close of the Parliament — have mercy on me, and spare me at least till the King arrives.' * The plea in law or in mercy was equally vain, under his Dictatorship, who could have reduced the Covenant it- self to tinder by a stamp of his cloven foot. This mo- mentous Parliament bowed to his dictation, and the church and her savage Procurator quailed to his bursts of passion, j- Under the control only of that power, Archibald Johnston himself ruled the destinies of the Monarchy. It is a prevalent historical mistake to sup- pose that the present excitement was, to use Mr Bro- die's phrase, " a grand national movement." It is no less a fallacy to assume that the Scotch Commis- sioners for the treaty in London were of one heart and mind in that storm which assailed the devoted Charles. * From the original Record of his trial, it would appear that the unhappy man had no counsel. No " Prelocutoris in defence" are men - tioned in his case. f Argyle's power in the Scotch Parliament is continually indicated by Baillie. " July 16, 1641, Mr Archibald Johnston required that some of the ministers, Commissioners of the General Assembly, might have place for hearing. That motion was rejected by Argyle with storm, as making way for churchmen's voicing in Parliament." THE TYRANNY OF SUBJECTS. 505 A distinguished and critical writer has said that " when the Scotch Commissioners were consulted on the pro- priety of the King's journey to Edinburgh, they deli- vered an oracular response. * It was desireable,' they said, * but the time might be made convenient :' — too subtle to press that which their English friends did not wish, and too prudent to refrain from the chance of partaking of those royal favours which they were sensible were ready to be showered on them." * But the true key to their demeanour is to be found in the secret machinations of the Procurator of the covenant- ing Church. The first rumour of the King's intention to go to Scotland had given him great alarm, and his let- ters are full of violent scoffing on the subject. When he found that the King had indeed so determined, his object was to turn that scheme to account. Johnston knew that if any thing impeded the movement, if such an irresistible impulse were not now given to the machi- nery against the Throne as would enable him to say, " I think it is now over in God's own hand to do for himself," then his, this impious demagogue's, occupa- tion was gone. He was aware that the royal visit in- volved the ruin of the faction, or would crown its tri- umph, according to circumstances. If Montrose, and every determined and upright adviser who might in- fluence the King, could be kept from him during his presence in Scotland, the faction would triumph even upon that point of the treaty which now formed the death-struggle betwixt Monarchy and Democracy, namely, whether the King or the Argyle-ridden Par- liament should appoint the Officers of State and judi- cial functionaries there. But so far was this from being a national feeling, that its agitation appears * D' Israeli's Commentaries, A ol. iv. p, 367. 506 MONTROSE AND THE COVENANTERS. to have centred in Archibald Johnston, without whose nearly frantic exertions, the Scotch Commissioners would not have insisted upon that demand, nor the Commit- tee of Estates instructed them to do so. The secret history of this matter is capable of some curious illus- trations. On the very day that the Committee of Estates com- menced their agitation against Montrose, by calling " off the streets" Mr Robert Murray to depone before them, one of the Commissioners in London wrote in these terms to Montrose's nephew, Keir : — " There are some of Montrose's small unfriends who have written here that he has gone to Scotland to make new divi- sion, and to make a faction for the King against his home-coming. This I know to be a calumny ; yet I thought good to acquaint you with it, that both of you might make your own uses of it." * Montrose had gone to Scotland, not indeed to create division or make a faction in opposition to the professed principles of the Covenant, but with an intense perception of the crisis, and in extreme alarm at the private and indirect prac- tising of a few. Conversing with a clerical agita- tor, Montrose at once put his finger on the measure by which the practice of democracy was to be distin- guished from the professions of the Covenant. " They are seeking," he said, " conditions contrary to the Co- venant ; because we have sworn not to entrench upon the King's prerogative — now, they desire that Officers of State, Council and Session, should be chosen by the Parliament." When, to this, Murray replied that these " are all good things if they could be obtained," Mon- trose declared that the Commissioners themselves had * Original MS. Letter from William Drummond of Riccartoun, to his cousin, Sir George Stirling of Keir, dated 27th May 1641. THE TYRANNY OF SUBJECTS. 507 written that " their name would stink if they sought them," and that the Committee had written back orders to press the demand. Now it was one and the same individual who kept up the agitation on the subject both among the Commissioners and the Committee. Archi- bald Johnston, in a letter dated the 3d of March 1641, which we had not quoted before, thus informs Balme- rino: — " The Sheriff-clerk and Riccartoun this day with great heat, hath disputed against our seeking the King's chusing the Councillors and Sessioners by advice of the Estates, alleging that our first instructions therefore were taken away by that instruction sent up with Mait- land, for seeing honest men provided to places of State and Session, &c. Lord Rothes, Loudon, and myself steivly byde by it, and shewed there was neither any contrariety, nor, albeit there were, could we but obey the first, which was subscribed by both quorums, and declared unrepealable by any one of the quorums. So that changing only some few words we have forced them to keep the article."* It is the cousin and corre- * Original MS. Advocates' Library. This letter bad been so ill tran- scribed for Lord Hailes, as utterly to destroy the sense of it in his collec- tion. We have now given very nearly the whole of a correspondence of which that great historical antiquary had published some fragments, but so inaccurately as to be quite unworthy of his subsequent fame. It is material to know this, for the fragments of Johnston's letters are refer- red to by Mr Hallam and other distinguished English authors, under the title " Dalrymple's Memorials of James and Charles I." In the letter last quoted, for, " the Sheriff-clerk, and Iticcarton" Hailes has given, " and B. Swinton.* For, " the King's chusing the council and session by advice of the Estates" Hailes reads, " advice of our oath" There is a passage in the same letter, printed thus : " Look what warrand ye would send to prevent inconvenients that may arise by our [i. e. the covenanting com- missioners] over much taking on with the Papists." — On testing this un- accountable information, (which ought to have attracted more notice than it has done) by the original MS., I find it runs thus : " Look what warrand ye would send to prevent inconvenients that may arise by our 508 MONTROSE AND THE COVENANTERS. spondent of Keir, William Drummond of Riccartoun, who is here alluded to, and we thus find that he and others of the Scotch Commissioners were vehemently opposed to the revolutionary measures. In like manner it was the demagogue who kept up the agitation against incendiaries and plotters, and he actually urges the King's visit to Scotland as areason why the act of oblivion should not be suffered to extend to them, and why the cri- minal processes should be pressed forwards by fair means or foul. The faction pretended that it was in fulfilment of their loyal wishes that the King had come, and they load- ed him, on his arrival, with their canting caresses. Yet, " some amongst us,"says Johnston, "would terrify us with this project of the King's own presence, as able in Scot- land to reverse all that is done except the Acts of the As- sembly, and to gain such a party in Scotland as to put honest men in hazard. God forgive them puts such hopes in the King's head. Albeit in reality I do not, nor others more understanding do, believe that the King has any intention, for all that is said, to go in person to Scotland, let us again be enjoined, and show your firm resolution, the rather to follow forth the incendiaries for these very motions to the King, and stops to the treaty ; * * * and I will profess plainly, that before ever I condescend to the passing by of these incendiaries now, till the Parliament determine, I shall rather consent to the King's reserving a thousand of our number. Haste up your answer to us, and show this and my former letter to General, (Leslie,) Cassillis, Lindsay, and R. Meldrum. Be sure this letter meet me not again, and tell them the news or read it to them." * over much taking on us. The Papists, the Lieutenant, Arundell, and Berkshire, have made some faction in the lower House," &c. * Origiual MS. Seep. 365, where the commencement of this letter, PIOUS MOTIVES OF THE KING. 509 Now this was not the fair working even of the covenant- ing Constitution. It was the private and indirect prac- tising of a few, for their own ends, and by means that involved the downfal of the monarchy, precisely as Montrose complained. We find, moreover, a curious letter from the Scotch Commissioners to the Committee in Edinburgh, which places the conduct of the faction in a most extraordinary point of view, and we have prefixed it to this volume, that the reader may be still better enabled to form his judgment of the secret ma- chinations of the Procurator of the Church in 1641. Let us turn from him to one who, however defi- cient in some of the essentials of the kingly character, was a gentleman and a Christian. In the very interesting charter-room, of that orna- ment of the north, F} r vie Castle — a scene of Mon- trose's bravery and Argyle's disgrace, — we find a do- cument which cannot be regarded without emotion. It is the original manuscript, with interlineations by the King himself, of the Instructions he framed for the Earls of Dunfermline and Loudon, to pre- sent at the meeting of the Scotch Parliament in 1641. It was on the 20th of May that Charles an- nounced his intention to Napier in the letter we have given. About ten days afterwards he had written to Montrose the letter found in Walter Stewart's saddle, where, most probably, it had not been secreted at the desire of the King, or any friend of his. Before the 30th of June, however, the date of the Instructions to which we allude, his Majesty had become aware of the imprisonment of Montrose, and his friends, and was also vaguely informed of the falsehoods by which Walter dated 21st April 1641, is given. There is a clerical mistake in the 9th line of p. 366, viz, "any answer" ought to be "any accuser.'' 510 MONTROSE AND THE COVENANTERS. Stewart seemed to implicate the King himself in some anomalous and unintelligible charge of treason. In these Instructions, which will be found appended to this volume, may be traced the desire of Charles to sooth his excited country, to conciliate his rebel- lious subjects, to " satisfy them in point of Reli- gion and Liberties, in a loving and free manner; to express his favour, and care of his subjects' weal, by giving way to any just motion of theirs for relief of the burdens the late troubles had laid upon them, and by granting what else might tend to their good." And they also speak of his anxiety to save his friends, (whose only crime was, that they loved him, and gave such advice,) from the " tyranny of subjects, the most fierce, insatiable, and insupportable tyranny in the world," and to save his royal prerogative, " an in- strument never subjects yet handled well," from the grasp of an unprincipled democracy. Mr D'Israeli remarks, that after the execution of Strafford, in May 1641, Charles' personal distresses, and the confusion in his councils, were such that he could not endure to be near Westminster, where one of his bed-chamber said, that nothing made the King more anxious to remove from his court and his council than that variety of intelligence, which at every minute was brought to him, and on which every one gave the most contrary opinions, and the most alarming comments. Now we cannot agree that, in this state of mind of the unhappy Charles, it is at all plausible to infer that a sudden and secret impulse of his own, — a quixotic adventure in quest of a mysterious document cal- led the " Saville forgery," — had determined his rapid journey. But we believe the simple fact, as stated by Lord Napier, (in other manuscripts of his we have yet to disclose,) when, in reference to the plot, he ex- PIOUS MOTIVES OF THE KING. 511 ultingly admits that " this private way (of advising the King) has been in some degree a means to further his Majesty's presence." And we may well understand how the precepts of high principle, and true patriotism, and devoted loyalty, conveyed in the language of those eloquent letters, would sink into the aching heart of Charles, as he turned from the bloody scaffold of Strafford, to that voice of promise from his native land. Mr Brodie may tell us that his journey was a " dark project to strengthen an unprincipled violent faction in Scotland," — meaning the faction that would have saved the King, — and he may speak of the King's " atrocious deliberations" with Montrose, when there, — Montrose who was in solitary prison all the while. Lord Nugent may record for history that " the object of the King's going northward was to further a double intrigue, with the English officers, and the Scotch Covenanters, — that his motive was a treacherous one, and that, foiled in his attempt to bring up the English soldiers to London, he wished to join them on their own ground, and put himself at their head." We believe, rather, it was from the advice of Montrose, and Napier, that Charles derived the impulse to visit Scotland at this time, and that he hastened thither, with the desire of his subjects' weal in his heart, and that noble sentiment on his lips, — . Pax una, triumphis Innumeris potior. But, ere long, that hope departed from the sinking Monarch. He " looked for Peace, but no good came, and for a time of health, and behold troubles ! Oh that I had in the wilderness a lodging place of wayfaring men, that I might leave my people, and go fftmi them, for they be an Assembly of treacherous men." END OF VOLUME FIRST. ADDITIONAL NOTES AND ILLUSTRATIONS. Note I. p. 13 — Bishop Burnet's Letters in the Napier charter -chest. The history of the very curious letter from Bishop Burnet, now first published in our introductory chapter, being among the Napier papers, is this : Archibald the second Lord Napier, Montrose's ne- phew, and devoted companion-in-arms, was, eventually, succeeded in the honours of Napier by his second daughter, Margaret. This lady was married to John Brisbane, Esq. whose epitaph, in St George's Chapel at Windsor, refers shortly to his many distinguish- ed public services. " Here lies the body of John Brisbane, Es- quire, who served King Cliarles the Second in many honourable em- ployments, and died Envoy Extraordinary for Portugal in the year 168 4, aged 46 years." He was a friend and patron of the Bishop, and, when Burnet wrote to him the abject letter which thus came to be preserved in the Napier cliarter-chest, Brisbane held the office of Secretary to the Admiralty. It is curious to compare the style of the letter in question with the following*, written by Burnet to the Baroness Napier in her widowhood, and when he, Brisbane's " poor melancholy friend," had attained the courtly distinction and state influence of his latter days. The sufferings of the Napier fa- mily in the cause of royalty were more handsomely acknowledged than compensated after the Restoration, and Lady Napier had not the means of supporting her rank without assistance from govern- ment. The following letter to her from Bishop Burnet, of which the original is in the Napier charter-chest, appears to have been in consequence of some statement of her claims made through the Bishop. VOL. 1. * k k 514 ADDITIONAL NOTES " Madam, " I wish I could as effectually serve your ladyship, and your son, as I am sure I will endeavour it with my utmost force. I must freely tell you that I am afraid all your ancient pretensions, how just soever, will not be of great use to you, for since those princes, upon whom they lay more immediately, thought themselves so little bound to satisfy them, I cannot flatter your hopes so far as to desire you to think that these will signify very much now ; nor can I think that Mr Brisbane's memory will be very much consider- ed by those who never knew him. It must be your'own worth, and the dignity of that noble family which you now represent, that must be your chief pretension. And I do assure you, that, when the re- venue of Scotland comes to be settled, I shall employ all the skill and credit that I have in the world, to procure that for you which may be worthy of you. But the less this is known, I will be the more able to serve you. I have restored your papers to Mrs Ers- kine, and I beg you will believe that I have so great and tender a regard to Mr Brisbane's memory, and such an high esteem of you, that I will always look out for every opportunity by which I may witness how much I am, Madam, your Ladyship's most humble and most obedient servant, " G. Burnet." " Whitehall, the 25th of February." Her ladyship had a pension of L. 200 from Charles II., which was continued to her by James VII. and by Queen Anne, but it does not appear from the family papers that she experienced the bounty of William and Mary. She had been disturbed, in her pos- session of some property within the court of the Palace of Holyrood- house, by the officers of the Crown, in the year 1688, and obtained a royal letter to protect her right, in the narrative of which it is stated : " That as the estate belonging to the said family was se- questrated, and their goods plundered, so their writs and evidents were seized upon by the rage and fury of the rebels during the late usurpation, and were great sufferers for their constant loyalty and firm adherence to the true interests of the Crown." The Baroness of Napier presented to the College of Edinburgh the original and very beautiful portrait of her great-grandfather, the Inventor of Logarithms, which was engraved for his Memoirs published in 1834. AND ILLUSTRATIONS. 515 Note II. pp. 8 — 23 — 29. — Archibald first Lord Napier's Corre- spondence with James VI. I had intended to have given, in this note, some original docu- ments from the MSS. of the Advocates' Library, illustrative of Lord Napier's connection with the court, and of the estimation in which he was held, that being of importance to the character of Montrose, who was guided throughout the whole of his political career by the advice of his brother-in-law and tutor. But there has been recently printed, and presented to the Abbotsford Club by John Hope, Esq. Dean of Faculty, "State Papers and Miscellaneous Correspondence of Thomas Earl of Melrose," and for several of the documents to which I allude, I need only now refer the reader to the index of that magnificent col- lection, especially in reference to Napier's appointment to the office of Justice-Clerk, which he held for a short period before he was raised to the peerage. But the following letter from him to James VI. has not been printed. " To the King's most excellent Majesty," " Most Sacred Sovereign, " Being by your Majesty's favour admitted in the place of Justice- Clerk, I think it my duty to give your Majesty information of the estate of it at my entry. I find great confusion and disorder in the place, and, next, many principal parts of that office exerced by com- missions, and by other judges not competent, through former negli- gence, whereby that judicature, where the chief point of your Ma- jesty's sovereign power ought to be exerced, has now lost much of the antient power and dignity. For the disorder, it may be much amended by my care, which shall not be wanting. The other losses or abuses will require your Majesty's special directions to the coun- cil, by your Majesty's letter, requiring them to see all matters be- longing to that judicature returned again to it, to be handled there as ought to be, and as was wont to be. The particulars (if so it please your Majesty) to be reformed, for avoiding your Majesty's trouble I have sent up to James Douglas, that, when your Majesty shall be pleased to write to the council for this purpose, he may show your Majesty these articles, and receive your Majesty's direc- tion, either conform to them, or otherwise, as your Majesty, in your great wisdom, shall think expedient, to which I most humbly sub- mit myself, with most ready mind to perform your Majesty's plea- 616 ADDITIONAL NOTES sure in that or any thing else, as I am bound far more than I am able to express. So humbly craving your Majesty's pardon for my boldness and praying Almighty God to bless your Majesty with a long and happy life, and all other his good blessings, I take my leave. " Your Majesty's humble and obedient subject and servant, " Archibald Napjbr." " Edinburgh, llth December 1623." The following letter, which affords an interesting historical illus- tration, is addressed to the same monarch, and has not been printed- " To the King's most excellent Majesty," " Most Sacred Sovereign," " There is come down, a little before the rising of the session, a signature under your Majesty's hand, of almost all the chapellanries, prebendaries, altarages, and other small church livings within this kingdom mortified to the Chupel Royal. I, only, have seen and perused it. The Lord Treasurer, and Commissioners of your Ma- jesty's rents, have not yet seen it ; and before the twentieth of this month they are not to meet because of the vacation. Therefore I have taken the boldness humbly to intreat of your Majesty not to urge the passing of that signature before the council day, which shall be on the twentieth of August instant, at what time the Com- missioners of your Majesty's rents will meet and consider of your Ma- jesty's disadvantage, and other inconvenients that shall ensue, if any be : For I doubt not but your Majesty shall be earnestly solicited for that purpose, the pretext being so fair, and your Majesty's incli- nation so pious. To provide for the chapel royal, in a large and ample measure, is a good work, and worthy of the care of so gracious a Prince ; but to do it by this mortification of all the chapellanries, almost, in Scotland, whereby most of your Majesty's greatest sub- ject's rights shall be questioned, and your Majesty's own liberality to poor students, or ministers, all utterly restrained in this kind, I know not if, after true information, your Majesty will think it fit, especially when it may be done by mortification of a part of them, in a large measure. So humbly craving pardon for this boldness, which my duty enforces, I take my leave, praying eternal God long to preserve your Majesty in all happiness over us. " Your Majesty's true and humble servant, " Edinburgh, \st August 1623." "Archibald Naper." AND ILLUSTRATIONS. 517 This Lord Napier's manuscripts in the Napier charter-chest also afford a curious portraiture of James VI., drawn from the life, for Napier was a gentleman of his privy-chamber for seventeen years. " No living man/' says Napier, " had the art to know men more perfectly than he ; yet still importunity prevailed with him against his own choice — for it was his manner to give way to strong op- position, or his favourite's intreaties, yet never to give over his pur- pose, but at another time to work it by means of a contrary faction." Thus when Sir Gideon Murray left by his death the place of Trea- surer-Depute vacant, his Majesty determined that with this office the long and faithful services of Napier should be rewarded : " Every man who had power put in for his friend, without respect of his sufficiency or ability, but no man could be proposed against Avhom his Majesty did not take some exception ; which being perceived by the late Marquis of Hamilton, [father of the faithless Marquis,] a wise nobleman, in whom there was no virtue wanting, befitting his place and quality, and judging that the King had made some secret election in his own mind, desired to know who it was. His Majesty having named me, the Marquis did not only approve his Majesty's judgment, but also procured a warrant for my admission, wisely covering thereby the repulse he got for his friend." Lord Napier adds, that " from the King's own mouth, who knew the cus- tom of the court, and could never endure to be robbed, of his thanks, the whole carriage of that business was delivered unto me, together with a command to me to serve him faithfully, not to be factious, nor to comply with any to his prejudice, or the country's, or to wrong any private man for favour of another." At the same time James wrote to the Earl of Mar that letter (see p. 39, note,) in which he declares Napier to be " free of partiality, or any factious humour." But Lord Napier was no sycophant, and never hesitated to give the most fearless advice, both to James VI. and Charles I., upon the most delicate subjects. The following, which is from the original draft in his Lordship's handwriting, will afford another illustration of the fact. The tenor proves it to have been advice to James VJ. on the subject of the propriety of carrying the sentence of death into execution upon the favorite Somerset, whom James eventually pardoned. Those who are curious as to the historical problem of the guilt of that unhappy nobleman, and of the King's participa- tion therein, will read this with considerable interest. It seems to prove that the writer had not the slightest idea of James being 518 ADDITIONAL NOTES in any way implicated in the matter, and was not even quite satis- . fied that Somerset himself was guilty. " Suppose this man guilty of the crime that he is charged with, yet it is neither for the King's honour nor profit to destroy him" " All the honour that is to be got that way is by opinion of jus- tice ; for clemency, the virtue whereby Princes approach nearest to God, has no part in this course. And what praise is due to extre- mity of justice ? the best part thereof, example, and the most pro- fitable, being already, by the death of four, * sufficiently establish- ed. The King's gracious and temperate manner in cases of like nature, ever in justice to remember mercy, without prejudice of either, being nothing like to the proceedings of this, settles an opi- nion in the people's hearts that private designs, private hate, private satisfaction, give motion to this violent course, and that justice is pre- tended only. If he be guilty, he remains not without punishment in his own person that has it in fame, and is cast from a great for- tune, and the King's supreme favour, into contempt and disgrace, carrying with him the conscience of a crime, and a deserved punish- ment, though he have life, land, and liberty. If it be not for the King's honour, it is not for his profit ; for matters of profit are the aims of private endeavours, — Princes have them, or may have them, with ease ; but a good fame is their gain, and to be purchased at any rate ; and where, in any consultation of theirs, profit comes to oppose itself to honour, it is reason that honour should carry it. But what profit is to be expected that way ? His estate is not suf- ficient to help the King's affairs, and if it be applied to that use it will be thought to be the cause of his death. It may be said, that so the fortunes of others may be raised, and the King furnished with means to bestow. But when men shall see that the revenue of three kingdoms, the impositions and subsidies from the people, cannot serve the excess of these largesses, but that justice must be strain- ed also, to make the rich guilty in order to furnish matter to that itching humour of bestowing, — the profit will not in any sort counter- value the loss. For there will be nothing but a general fear and bad opinion of the King, which shall lose the kingdom of the peo- ple's hearts, the next degree to the loss of that over their bodies and goods ; for that Prince that will make men afraid hath reason to fear them again. It is a maxim of government that favours and * Sir Jervis Elvis, (Lieutenant of the Tower,) Franklin, Weston, and Mrs Tur- ner, were all executed for the murder of Overbury. AND ILLUSTRATIONS. ,519 graces ought to be bestowed at several times — punishments and exe- cutions at once. If his Majesty give way to the execution of these two noble persons, * after so long a pause, men will think that these executions will never end, since neither time nor satisfied justice can mitigate the rigor ; and that he is framing a precedent and a reason, by the rigor used to one in so great favour with him, and his countryman, t whereby he may be excused to use the noblemen and gentlemen of England with the like or greater rigor upon oc- casion. The noblemen, and these of great trust and place about him, will never more, after this man's destruction, trust to his good- ness, his favour, or their own merit, but will seek to strengthen themselves with friendship, (a way much neglected by this man,) and will secretly league, and bind themselves together, against the King's power, whereby he shall not only not be able to punish them if they deserve, but also he shall find great difficulty to manage any business to his mind that concerns any of them, so that he shall govern precario, upon courtesy. " Since, therefore, it is neither for the King's honour, nor his profit to use him with extremity being guilty, when there is no- thing but presumption against him, % which may fall upon the most innocent, it is far less profitable or honourable for his Majesty to suffer such extreme persecution, or to deny him the ordinary favours, and means to clear himself, that are granted to men in like case, or to expose him and his life to the search of his enemies, or to give them liberty to shift their accusations, and seek new and forged crimes, when the old will not serve their turns ; these are infallible arguments and demonstrations to the world that justice is but pre- tended, and the overthrow of the person, per fas et ncfas, by right or wrong, intended. In the course that is kept his Majesty's ho- nour suffers extremely, for the people at first admired the King's justice — detested the person of the malefactor ; but now the note is " Somerset and his Countess. "(• The favourite, Somerset, was Robert Carre, a Scotchman. J Contrast Lord Napier's view of the case with the following passage in Hume : " All the accomplices in Ovcrbury's murder received the punishment due to their crimes; but the King bestowed a pardon on the principals, Somerset anil the Countess. It must be confessed that James' fortitude had been highly laudable had he persisted in his first intention of consigning over to severe justice all the criminals; but let us beware of blaming him too harshly, if, on the approach of the fatal hour, he scrupled to deliver into the hands of the executioner persons whom he had once favoured with his most tender affections." — Hist. Vol. vi, p. 78. But the above pleading of Lord Napier, and not want of fortitude in the Ki may have saved Somerset. 520 ADDITIONAL NOTES changed, — for as they are called the beast with the many heads, and the many eyes, some whereof are so sharp-sighted as they can pierce into the private causes of things through the veils and pre- texts, so it is impossible to abuse them any long time, for never was any thing so cunning as could deceive them all, neither did ever the general and constant voice of a people deceive any man. This voice speaketh ill of the proceedings and carriage of this busi- ness, — they are attentive to the event ; if it fallout as most feareth, that beautiful face of the King's honour, that made all the world in love with it, shall be defaced with an irreparable blemish — the love due tc him lost — fear settled — his security impaired. But the end crowns the work. Never prince had a fairer opportunity to procure mortal fame of a perfect justiciar, and a merciful father ; this is the point of time,^— if this occasion slip there is no other hold, — all that he can do afterwards is to small purpose, for, invisum sernel principem seu bene facta sen male facta premunt. If he use cle- mency, as he has satisfied justice in this great example, he shall be beloved, honoured, secured, and like God in this that mercy is the last work. But, if he use not clemency, it will appear that justice, which should be, like the Lesbian rule, a constant and di- rect square to his actions, has been, like a leaden rule, wrested and turned to the will and passion of the workman ; and all that, is builded thereby shall prove ruinous, and like enough, if God do, not prevent, to fall and endanger him, which God avert." * The following original bond will also gratify the curious reader. •' Be it known to all men — that whereas Archibald Lord Naper is to procure me to be employed in furnishing his Majesty of con- fections of all sorts, during his Majesty's abode in Scotland, and has covenanted and agreed with me to that effect, at the rates and prices following : — To wit, all natural dry confections at 6s. 4d. per pound ; the pastes and preserves at 3s. 4d. per pound ; and Savoy amber, Savoy pistache amber, and Savoy fennell amber, at 13s. 4d. per pound, one sort with another ; and several sorts of ordinary confects at Is. 6d, per pound, as in the indenture * " To soften the rigour of their (Somerset and the Countess) fate, after some years' imprisonment he (James) restored them to their liberty, and conferred on them a pension, with which they retired, and languished out old age in infamy and obscurity. Their guilty loves were turned into the most deadly hatred ; and they passed many years together in the same house without any intercourse or cor- respondence with each other." — Hume, vi. 78. AND ILLUSTRATIONS. 521 made betwixt us of the date, the 12th day of September, anno Domini 1628, is contained. Notwithstanding, for the benefit I am to reap for the said employment, I am content to be bound, and by these presents do bind myself, my heirs, executors, and as- signees, that I shall seek no more from the said Lord Naper, but that I, my heirs, and assignees, shall rest satisfied and contented with 4s. 6d. per pound for natural dried of all sorts ; and with 2s. 6d. for the pound of pastes and preserves ; and for Savoy amber, Savoy pistache amber, and Savoy fennell amber, 10s. per pound ; and for pound of ordinary confects, Is. 2d.; and that of these con- fections as shall be spent for his Majesty's own use only, and for such confections as shall be vended by me for the use of the country, I oblige me and my foresaids, that what price I shall receive above 5s. for the naturals, 3s. for the pastes and preserves, and for Savoy amber, Savoy pistache amber, and Savoy fennell amber, above 10s. per pound, and for the ordinary confects above Is. 2d. the pound, shall be equally shared betwixt me and any the Lord Naper shall appoint. In witness whereof, I have subscribed these presents with my hand, before these witnesses, Archibald Campbell, brother to Sir James Campbell of Lawers, Alexander Naper, brother to the said Lord Naper, and Alexander Naper, burgess of Edinburgh. At Westminster the 12th day of September 1628." This is obviously the contract referred to in our note to p. 53, and of which Lord Napier says, — " Then said I, I acquainted the King, — as indeed I did, and his Majesty remembered it, — with the manner and matter of this bargain." On the back of the bond is noted : — " 24 Deer. 1620. I have this day received this back bond from the Lord Naper to be delivered up to his Majesty." Note III. pp. 90-102, — Charles 1. and the Scotch Parliament 1633. Dr Cook, in his History of the Church of Scotland, and when narrating the proceedings of the Scotch Parliament 1633, at which Charles I. presided in person, has the following remarks : " The Kin" took into his own hand a list of the members, and marked their votes. The majority was hostile to the Court, and Charle3 could not fail to know, from the paper which he held, that this was the case. The clerk of Parliament, however, whose office it was to announce the decision, scandalously affirmed, that the act as pre- sented was approved, and when Rothes denied this, the King, in- stead of acting with the dignity and honour which might have been expected even from the humblest individual, gave his sanction to 522 ADDITIONAL NOTES the falsehood of the clerk, and maintained that as it was a capital crime to corrupt the records of Parliament, they who accused another of doing so must, if they failed in establishing the charge, be sub- jected to the punishment of death. It was too hazardous for the Lords to support an accusation which the whole royal influence would be exerted to suppress ; and the act which had been really rejected was held to be confirmed by the Estates. But the effect of the mean and indecent exertion of the prerogative by which this was accomplished, the King could not be prevented." — Vol. ii. p. 340. If it were conceivable that, under the circumstances of the Par- liament 1633, the clerk-register would have ventured on the des- perate expedient of making a false return of the votes, in the pre- sence of the very men who had that instant voted, and that the King, with the real state of the vote in his hand, would have insisted on the false one, what could " the whole royal influence," (by which Dr Cook must mean the King's frown, and threats, on the spot,) have availed against an accusation, the witnesses in support of which were all present — all factiously and fiercely arrayed against the King — and moreover, ex hypothesi, constituted a " majority hostile to the court !" Let us examine, then, the note of authorities, by which Dr Cook supports the assertions in his text. " Burnet, in his History of his own Times, Vol. i. p. 25, 26, has given a full account of the two acts, and of the conduct of the King ; and, although in the Large Declaration the charge is represented as a calumny, the anxiety shown to refute it proves that it was gene- rally believed, and had deeply impressed the public mind. Row MS. History, p. 250-252, mentions the King's marking those who voted, adding, « the negative votes were thought by some, to equal the affirmative.' He also mentions that the King quarrelled the member who challenged the report of the register. Franklyn's An- nals, p. 435, and Collier, Vol. ii. p. 755. Rushworth's Collections, Vol. ii. p. 183. Whitelocke's Memorials, p. 18." It is most remarkable, that, with the exception of Burnet, whose version we shall presently consider, all the authorities, which ap- pear so formidable in Dr Cook's note, will be found, on examination, to redargue his text. The Large Declaration referred to contains the King's own indignant refutation of the calumny in the follow- ing words : " But scarcely were we well returned into England, when the discontent of these men resolved itself into a plain sedi- tion : For then they had the impudence to give it out that voices were bought and packed in the late Parliament, nay, that the voices AND ILLUSTRATIONS. 523 were not truly numbered, but that some acts were passed without plurality of suffrages ; a calumny so foul and black as that they themselves did know it to be most false : For had there been the least suspicion of truth in it, they might have made trial thereof by surveying their own papers, and the papers of many hundreds pre- sent, who took notes of the number of voices, which were given either by assenting to, or disassenting from, the several acts read and pro- posed ; by which papers if they had found but the weakest ground, for this their strong but false report, we have no reason to think that either their mercy or modesty was such that they would have forborne the calling of the Clerk of our Register in question for it ; it being, as our Chancellor's office to ask the voices, so our Clerk of Register's office to take them and record them, and according to his own, and his clerks' notes who assist him, to pronounce the act pas- sed or stopt : In which it is impossible he should deal but with sin- cerity, for else the notes taken by most of the auditors, being a pre- sent and powerful conviction of his false dealing, must presently transmit him to highest censure and punishment." It is not easy to understand by what process of reasoning Dr Cook had brought himself to take this most natural, and unanswerable statement, as evidence against the King ; or how he makes out that " the anxiety shown to refute the charge, proves that it was ge- nerally believed, and had deeply impressed the public mind !" The King was aware that his throne was attacked by the calumnious whisperings and secret machinations of a powerful democratic fac- tion in Scotland ; therefore he published this unanswerable defence, for the benefit of the public, as well as for his own ; and to cast it aside, as Dr Cook has done, (while he takes as unquestionable the posthumous calumny of Burnet,) or to adopt it as proving the charge to have been true, indicates an opinion formed upon no just or scien- tific consideration of the evidence. But let us see if Dr Cook's other authorities bear him out. 1. The entire passage from Row's M S. is as follows : " But the negative votes were thought by some to have equalled the affirmative ; and a worthy gentleman stood up and quarrelled the Clerk-Register for not marking the votes rightly. But the King, who also had marked them himself, com- manded the gentleman to be silent, or else upon the peril of his life make that good which he had spoken ; whereupon the gentle- man sat down and was silent." — Row's MS. Advocates' Library. An on dit in the chronicle of a factious Scotch clergyman of the times is not the most trustworthy evidence, in such a matter, against the 524 ADDITIONAL NOTES King. But, taking the evidence as it stands, it manifestly neither redargues the King's declaration, nor supports Dr Cook's text. 2. Franklyn says : " The passing of the act concerning ecclesiastical habits did much perplex the dissenting Lords, and others, which oc- casioned some of them to divulge a scandalous libel reflecting upon his Majesty," &c. In what respect does this aid Dr Cook's text ? 3. Collier says : " The passing this statute was regretted by the Pres- byterians, who were afraid the English surplice might be forced upon them," — but not one word does he say of the alleged fraud of the Clerk-register and the King. Rushworlh — the partial Rushworth —though also quoted by Dr Cook, has not a word to countenance the calumny,- but, after naming the dissentient Lords, says : " The passing of the act concerning ecclesiastical habits did much per- plex the dissenting Lords and others, which occasioned some of them to divulge in writing a paper reflecting upon his Majesty, adjudg- ed afterwards to be a libel, wherein was contained this reflection, how grievous a thing it was for a King in that place, by making of the subjects votes, to overawe his Parliament, and that the same was a breach of privilege, &c." This was the Balmerino petition, secretly circulated after the King had returned to England. Thus we have shown, that, with the exception of Burnet, all the autho- rities relied upon by Dr Cook actually disprove his case, and cor- roborate the statement of the King in his declaration. It only re- mains to consider Burnet's account of the matter, which, indeed, is the tainted source of this calumny against Charles I. The Bishop, in a well known passage of his posthumous history, (p. 37, Oxford edit. 1823,) after a most partial account, unfavour- able to the King, of the proceedings in the Parliament 1633, adds, — " Almost the whole Commons voted in the negative, so that the act was indeed rejected by the majority, which the King knew, for he had called for a list of the numbers, and with his own pen had marked every man's vote ; yet the clerk of register, who gathers and declares the votes, said it was carried in the affirmative. The Earl of Rothes affirmed it went for the negative. So the Kin«; said the clerk of register's declaration must be held good, unless the Earl of Rothes would go to the bar, and accuse him of falsifying the re- cord of Parliament, which was capital ; and in that case, if he should fail in the proof, he was liable to the same punishment ; so he would not venture on that. Thus the act was published, though in truth it was rejected." Burnet does not mention the unquestionable fact, publicly declar- AND ILLUSTRATIONS. 525 ed by the King himself, that " many hundreds present took notes of the number of voices," and, again, that there were " notes taken by most of the auditors." In his partial and malicious Avay he gives it as if the King only had been thus checking the clerk-register ; and, consequently, historians have laid much stress upon this fact, against the King. But the truth is that the King only did what all the rest were doing, in consequence of a keen and close contest, and what would now appear a strange proceeding on the part of his Ma- jesty was then a very natural act. Burnet's version of the matter is ridiculous on the face of it, and although Dr Cook adopts it as probatio probata, to the entire exclusion of the authority of the Large Declaration, we must venture to think that Burnet cannot for a mo- ment stand the test of that explanation from the King, promulgat- ed when the parties were alive. Then all the contemporary autho- rities, even of the King's enemies, contradict Burnet. Compare him with Row, Rushworth, and W hitelock, all of whom Dr Cook has so strangely quoted in support of Burnet ! But there is another re- cord which convicts the Bishop, and which, unhappily, Dr Cook had omitted to consult, namely, the state trial of Balmerino. Bur- net, in the sequel of the passage we have quoted, connects the Bal- merino petition, (the seditious libel framed by Haig,) with the al- leged falsifying of the vote in Parliament, which dishonest act of tyranny he states to have been a principal ground of that petition. Now the petition itself is printed in that record. It commences with a pretended humble remonstrance that his Majesty had not heard the " reasons of the opinions of a number of your supplicants in voting about these acts," and that he had put notes against their names, &c, and then it goes on to say, that " they that have been of contrary mind to a resolution carried by the plurality of votes have never hitherto been censured by a prince of so much justice and goodness as your Majesty." Thus even that notorious paper,— which Haig confessed that he had " made out of some collections, which he had gathered upon some conferences which he had with sundry persons the time of the Parliament," — and in which, had there been a shadow of truth in the subsequently whispered calumny, that calumny would have been most prominent, — affords not a hint of the kind, but absolutely states, as a matter not disputed or doubt- ed, that the acts in question were " carried by the plurality of votes." That Dr Cook had not consulted this record appears from the fact, that throughout his most mistaken version of the matter he continu- ally speaks of the author of the libel as being " Ilayne, his Majesty's 526 ADDITIONAL NOTES solicitor, a zealous friend to the liberties of the kingdom," whereas the state-trial would have made him intimately acquainted with Mr William Haig, of whom the factious Rothes himself, in that same trial, gave upon oath this character, that " of him he had ever sus- picion, because he has ever been busy upon such idle and foolish toys," — as this same Balmerino petition ! The record of the trial also proves that Bishop Burnet's state- ment, namely, — " Much pains was taken to have a jury ; in which so great partiality appeared that, when the Lord Balmerinoch was up- on his challenges, and excepted to the Earl of Dunfrise for his hav- ing said that if he were of his jury, though he were as innocent as St Paul, he would find him guilty, some of the judges said, that was only a rash word ; yet the King's Advocate allowed the chal- lenge if proved, which was done," — is most malicious and untrue. The record of the trial bears, " It is alleged against the Earl of Dumfreis that he cannot be received upon the assize, because he has given out his prejudiced opinion against the pannel, affirming, be- fore any probation led, that the pannel is guilty of the dittay ; which the pannel referred to his Lordship's oath, alleging that in law a de- clinator is only to be proven against ane assizer by his oath ; and farder affirms, that the said William Earl of Dumfreis has been so- licited and dealt with by prayer to find the pannel guilty of the dit- tay, which being referred to the said Earl his oath, he denied any such matter, that he either gave out speeches of the pannel's guilti- ness, or that he was solicited or dealt with, by prayer or otherwise ; the justice admits him, in respect of his declaration." The disposal of all the other challenges, exposing the factious nature of the op- position, and the perfect impartiality of the trial, will be found in the same record, (Cobbett, Vol. iii. p. 690,) which, it is most remark- able, our historians seem not to have been at the pains to compare with Burnet's insidious account. Even Mr DTsraeli in his Com- mentaries, (Vol. iii. p. 205,) appears to give up the point against Charles, and is contented to refer to Mr Brodie ! Note IV. pp. 151, 224, 230, 257.— Account of the Manuscripts of James Gordon, and Patrick Gordon. In the Library of the King's College, Aberdeen, (in referring to which I must acknowledge the kind assistance, in my research- es, I there met with from its excellent librarian, an accomplish- ed antiquary, the Reverend Mr Taylor,) I was permitted to consult AND ILLUSTRATIONS. 527 and make extracts from a manuscript, the history of which is in- scribed upon it, as follows : " Written on the first leaf of the manuscript, in Mr T. Ruddi- man's handwriting, from which this copy was taken in the years 1788 and 1789. " History of Scots affairs from the year 1637 to the year 1641, in five books, but the first wanting, and probably never written, being designed only as an introduction to the rest. " This was written either as is supposed by the famous Robert Gordon of Straloch, or by James Gordon, parson of Rothiemay, his son." That this MS. History, however, was not compiled by Robert Gordon of Straloch himself is manifest by that extract we have quoted from it, (see p. 230,) in which the writer, after enumerating Straloch among the Commissioners sent by Huntly to Montrose, adds that he, the writer, was " myself in company with the Com- missioners from Huntly." This is most likely to have been James Gordon, Straloch's son. It is known that this James Gordon suc- ceeded Mr Alexander Innes as parson at Rothiemay, and there is a passage in the manuscript history obviously referring to the fact : " Mr Alexander Innes, minister at Rothiemay, was brother-in-law to Mr John Maxwell, Bishop of Ross, — that was enough ; but he re- fused to take the Covenant, and anno 1639, had gone to Berwick to the King ; therefore, July 1st, he was turned out of his place, and in the following years exposed to many more sufferings, yet happier therein than Mr John Forbes, that his church the very next year, 1641, was planted with another whom himself had named, and to whose entry he gave his express consent ; one who was willing to observe to Mr Alexander Innes the common rule of equity of quod libi Jieri von vis — and one who, in the following years, upon that self-same very account which had turned out Mr Alexander Innes, did run the hazard, oftener than once, of being turned out of that place, as well as his predecessor had been." Another evidence, that James Gordon was the author, is derived from a very rare printed fragment, (for the use of which, and also for introductions to the various gentlemen who enabled me to inspect the MS. of the King's College, and the Records of Aberdeen, I am indebted to the kindness of Joseph Robertson, Esq.) being the Introduction to " Memoirs of Scottish affairs from 1624 to 1651," which were never published or completed, a work projected, and so far composed, by an industrious and somewhat learned person, of 528 ADDITIONAL NOTES the name of James Man, who published an edition of Buchanan's History, and was chaplain and overseer of the Charity Work-House of Aberdeen. The fragment in question contains some curious de- tails regarding the original MS. sources from which the subsequent history was to be derived, and, inter alia, the author says, " The MSS., which a late author of the history of the Gordons gives out for Straloch's, were all written by his son James, as I am assured by the proprietor, James Gordon of Techmuric, the author's grand- eon, who has promised to communicate such of them as are in his possession. The most valuable one seems to be that which treats of the rise of the civil war, and which there is hope of recovering after it had run the risk of being lost." Further, it appears from a manuscript in the Advocates' Library, (in two volumes folio, very inaccurately titled on the back, " Straloch's Manuscript," and fre- quently referred to under that title,) which is in the hand-writing of this James Man, that he had afterwards obtained James Gordon's MS. of which he speaks in his printed fragment. For on compar- ing various extracts from the Advocates' BIS., with that in King's College, Aberdeen, I found them to be precisely the same. Man's manuscript, however, is the more valuable of the two, for, besides containing the whole of James Gordon's history that the King's College MS. contains, it has in addition copious illustrative ex- tracts from other sources, chiefly MS. some of which have been printed since, while others have been lost. That which is titled *' Straloch's Manuscript," therefore, in the Advocates' Library, ought to have been called Man's Manuscript, being obviously his compilation for a projected history of the period, or an illustrated edition of James Gordon's MS. History. Before the extracts he has derived from the latter, Man prefixes the initials "J. G." To other extracts he has prefixed the initials " P. G." of which, on turning to the rare printed fragment, we find the following expla- nation : " Another of my authors is Patrick Gordon, an high cavalier \ brother to Sir Alexander, son to Sir Thomas, and grandson to John Gordon of Clunie." Man then proceeds to give the title of this MS. as I have quoted it in the note to p. 257 of this volume, and after referring to Patrick Gordon's attachment to Huntly and his sons, adds this account of the MS. in question : " Though it be his pro- fessed design to vindicate his chief from the imputation cast upon him by the author of the first narration, as he calls him, — meaning, I suppose, Dr Wishart, who writes the life of Montrose, — and though AND ILLUSTRATIONS. 529 the respective friends of Hamilton and Montrose speak not over fa- vourably of Huntly's conduct, yet he fails not to do justice to Mon- trose's merit, every where extolling him as a hero, and giving a bet- ter account of his progress, and fuller in several particulars, than any thing that has hitherto appeared in print. Hamilton's conduct in the beginning he represents as treacherous, but seems doubtful as to the future part of it." James Gordon's original MS. has been again lost sight of, but the separate transcripts at Aberdeen, and in Man's MS. supply its place. Of Patrick Gordon's MS., however, I have not been able to discover that either the original or a transcript is known to ex- ist. Hence those extracts, marked " P. G." in what is inaccurate- ly called the Straloch MS. in the Advocates' Library, and of which We have thus afforded the explanation, are the more valuable, from being all that has been preserved of this contemporary chronicler, the loss of whose history of Montrose's progress is much to be re- gretted. Note V. p. 200. — The Large Declaration. Margaret Mitchelson. Many of Dr Balcanqual's original MSS. of the Large Declaration, which he compiled under the sanction of Charles I., are preserved in the Advocates' Library. No statement or argument of those excited and pamphleteering times will bear a closer examination than this manifesto of the King's, the unanswerable truth of which greatly en- raged the Covenanters. Mr Brodie adopts their vituperation of it, and imitates the tone. Speaking of the Rev. Robert Baillie, he says, " The Large Declaration this writer pronounces ' an unex- ampled manifesto, heaping up a rabble of the foulest calumnies that ever were put into any one discourse that he had read.' Hence (adds Mr Brodie) little reliance can be placed on it ; and / suspect that the story of Mitchelson, the prophetess, is one of the forgeries of Balcanqual, Ross, and others. Burnet gives no authority, and Bail- lie and others never allude to it." Hist. Vol. ii. p. 502. But, we may ask, could it have entered into the head of Balcanqual, Ross, " and others" to forge and publish a story of the very day, the al- leged witnesses being the public itself! Mr Brodie does not reflect that the allegation to the public of a fact as being notorious to that public, cannot well be a forgery. But we can afford, in corroboration of the account given in the King's Declaration, a contemporary authority both from the loyal and vol. i. l1 530 ADDITIONAL NOTES the covenanting side of the question. The following is from James Gordon's MS. " About these times (1638) likewise arose the she prophetess, a maid called Mitchelson, the daughter of a minister, whom some al- lege to have been subject to fits of distraction. Her father left her an orphan in her younger years. She was acquainted with the Scripture, and much taken with the Covenant, and in her fits spoke much to its advantage, and much ill to its opposers that would or at least that she wished to befal them. Great numbers of all ranks of people were her daily hearers, and many of the devouter sex. The women prayed and wept with joy and wonder to hear her speak. When her fits came upon her she was ordinarily thrown upon a down bed, and there, prostrate with her face downwards, spoke such words as were for a while carefully taken down from her mouth by such as were skilful in brachygraphy. She had intermissions of her discourses for days or weeks, and before she began to speak it was made known through Edinburgh. Mr Harry Rollock, who often came to see her, said that he thought it not good manners to speak whilst her master was speaking, and that he acknowledged her mas- ter's voice in her. Some misconstrued her to be suborned by the Covenanters, and at least tbat she had nothing that savoured of a rapture, but only of memory, and that still she knew what she spoke, and being interrupted in her discourse answered pertinently to the purpose. Her language signified little. She spoke of Christ, and called him ' Covenanting Jesus' — that the covenant was approved from Heaven — that the King's covenant was Sathan's invention — > that the covenant should prosper, but the adherents to the King's covenant should be confounded ; and much other stuff of this nature, which savoured at best but of senseless simplicity. The Earl of Airth, — upon a time, getting a paper of her prophecies which was in- scribed, ' that such a day and such a year Mrs Mitchelson awoke and gloriously spoke/ in place of the word gloriously, which he blotted out, wrote over it the word goukedly, or foolishly, — was so much detested for a while amongst the superstitious admirers of the maid, that he had like to have run the fate of one of the bishops by a charge with stones upon the street. But this blazing star quickly vanished, and her prophecies were never printed, nor was she any more taken notice of after a little while's reiteration of holy tauto- logical nonsense, and impertinent repetitions of Scripture sentences, mixed with some new phrases that were not Scripture language." AND ILLUSTRATIONS. 531 The other authority is a contemporary MS. in the Advocates' Li- brary, entitled, " A True Relation of the Bishops in introducing of the Service Book," &c. and in which occurs the following passage : " Margaret Mitchelson's gracious raptures. " About this time also, in Edinburgh, one Margaret Mitchelson, a good religious damsel, being somewhat troubled in spirit, fell into a trance, and was so ravished with heavenly and divine speeches and praises to Christ, that her bodily senses almost failed her ; and in the time of those raptures, which took her often, and sometimes keeped her long, she might take no meat nor drink, nor did nothing but bursted out in admirable divine speeches, expressing her love and joy in Christ, and her assurance of blessedness in him, as the like speeches never proceeded of flesh and blood ; many of the nobility and ministry, and well-affected Christians, thronging to hear her, being wonderfully moved with her speeches." Note VI. p. 234. — Town- Council Books of Aberdeen. The following extracts, from the Town-Council books of Aber- deen, prove that Montrose exercised no unnecessary tyranny or harshness towards the town when occupying it for the Covenanters. Nor can I find any entry in those records at all corroborative of the accusation of cruelty brought against Montrose, by modern writers. I must acknowledge my obligation to Mr Hardy, the town-clerk of Aberdeen, for the facilities afforded me there, of inspecting and making extracts from these original records. " 25th March 1G39. — The quhilk day, in respect that Doctor William Johnston, and George Morison, who were directed com- missioners from this burgh to the Earl of Montrose, upon the 20th day of March instant, with Mr Robert Gordon of Straloch, and Doctor William Gordon, commissioners likewise to his Lordship from the Marquis of Huntly, did receive a delaying answer at that time from the said Earl of Montrose to such propositions as they did remonstrate to his Lordship. Therefore the provost, bailies, and council, think it expedient to direct the same commissioners of new again to the said Earl of Montrose, and to propone to his Lord- ship, and others of the nobility there present with him, the articles following, and to crave their answer thereupon ; of the quhilk ar- ticles the tenor follows : 532 ADDITIONAL NOTES " It is desired by the town of Aberdeen, that they may have as- surance that no hostility be used against them ; nor none of their magistrates, ministers, nor others their inhabitants, be forced in their consciences, nor wronged in their bodies or goods ; and that their town be left in peace, as they are content to give a peaceable entry to the nobility and their army. Item, that the town be not urged to receive nor harbour more people nor they may conveniently ease. Item, if any particular persons give any offence, that it be re- paired in private, but (without) reflecting upon the public peace. And the town promise a peaceable entry and issue, and such accom- modation as they can afford during the abode of the nobility there ; subscribed by the provost and bailies, and by the Marquis of Hunt- ly as consenter, the 25th day of March 1639." " 28th March 1639. The quhilk day the whole town, both free and unfree, being convened in the Tolbooth by the drum, Mr Alexander Jaffray, provost, shewed and declared to them the ar- ticles mentioned in the act immediately before written, quhilk the magistrates and council had sent with their commissioners to the Earl of Montrose, and remanent nobility of the Covenant, approach- ing towards this burgh with their army ; and withal the provost shewed the answers quhilk our commissioners had received in writ- ing to the said articles, of the quhilk answer the tenor follows : " The Earl of Montrose did express that his intended voyage for Aberdeen is only for performing the appointment of the late Gene- ral Assembly, according as it hath been done in other places, and in no way to do the smallest wrong or injury to any, (as perhaps is supposed,) nor use the meanest violence, except in so far as his Lordship and his Lordship's followers shall be necessitated for their own safety, and their cause. In respect of the quhilk diligence used by the magistrates and council in directing commissioners to the said Earl of Montrose, and of the said Earl his answer foresaid given to the saids commissioners, the town declared that they are content to receive the noblemen and their followers, and to harbour them after the most commodious manner they can, and desires the magistrates to give order, ilk bailie through his own quarter, for that effect, and for furnishing competent lodgings unto them such as the town can afford." " Memorandum, on Saturday the penult day of March 1639, the Earl of Montrose, General of the Army, accompanied with Earl Marischal, the Earl of Kinghorn, General Leslie, the Lord Coupar, the Lord Elcho, the Lord Fraser, the Master of Forbes, and many AND ILLUSTRATIONS. 533 Barons of Angus, Mearns, Mar, and Buchan, come to the town of Aberdeen with their army of horse and foot, where they entered and marched through the town to the links, and there they pitched their camp, being accounted six thousand men, sat at their council of war, and thereafter the Earls of Marischal and Montrose, General Leslie, and the greatest part of the army marched that day from the links to Inverury, leaving behind them the Earl of Kinghorn, with eighteen hundred men, to lie in the town till their back-coming ; and before they marched out of the links the noblemen sent for our provost and bailies, and charged them to fill up and cast in our trenches in all possible diligence, and to enter to work for that effect on Monday next, and to continue thereat till all the trenches were filled up again, under the pain of plundering and rasing our town, quhilk was accordingly obeyed." Note VII. p. 312. — Anecdotes of Ar gyle. Bishop Guthrie records that, in the year 1640, Argyle persisted in destroying the house of Airly, (with whom he was at personal feud,) although Montrose had put a garrison into it, under command of Colonel Sibbald, and had written to Argyle to that effect. James Gordon in his MS. has this account : " I have seen some memorials, of the proceedings of these times, which do refer the demolishing of Airly Castle to this expedition, though I made mention of it the last year (1639.) Sure it is that in anno 1639 it was burnt by Argyle ; therefore what more he did there at this time I cannot peremptorily determine. This far is cer- tain that (if you abstract from the time) Montrose with a party was the first who besieged Airly, and left the prosecution of it to Ar- gyle, who at the demolishing thereof is said to have shewed himself so extremely earnest, that he was seen taking a hammer in his hand, and knocking down the hewed work of the doors and windows till he did sweat for heat at his work. There was likewise another dwelling, belonging to Airly's eldest son, the Lord Ogilvy, called Forthar, where his lady sojourned for the time. This house, though no strength, behoved to be slighted ; and although the Lady Ogilvy, being great with child at the time, asked licence of Argyle to stay in her own house till she were brought to bed, that could not be ob- tained, but Argyle causes expel her, who knew not whither to go. The Lady Drum, Dame Marion Douglas, who lived at that time at Kelly, hearing tell what extremity her grandchild, the Lady Ogilvy, was reduced to, did send a commissioner to Argyle, to whom the said 534 ADDITIONAL NOTES Lady Drum was a kinswoman, requesting that with his licence she might admit into her house her own grandchild, the Lady Ogilvy, who at that time was near her delivery ; but Argyle would give no licence. This occasioned the Lady Drum to fetch the Lady Ogilvy to her house of Kelly, and to keep her there upon all hazard that might follow. Yet, though Argyle would not consent thereunto, he had no face to quarrel afterwards with this generous matron upon that account, she being universally known to have been as eminent- ly virtuous and religious as any lady in her time. At such time as Argyle was making havoc of Airly's lands, he was not forgetful to remember old quarrels to Sir John Ogilvy of Craig, cousin to Airly. Wherefore he directs one Sergeant Campbell to Sir John Ogilvy 's house, and gives him warrant to slight it. The Sergeant coming thither found a sick gentleman there, and some servants ; and look- ing upon the house with a full survey, returned without doing any thing, telling Argyle what he had seen, and that Sir John Ogilvy's house was no strength at all, and therefore he conceived that it fell not within his order to cast it down. Argyle fell in some chafe with the Sergeant, telling him that it was his part to have obeyed his orders, and instantly commanded him back again, and caused him deface and spoil the house. At the Sergeant's parting with him Argyle was remarked by such as were near to have turned away from Sergeant Campbell with some disdain, repeating the Latin political maxim abscindantur qui nos perturbant [_let them who trouble us be cut off, J a maxim which many thought that he practised accurately, which he did upon the account of the proverb consequential there- unto, and which is the reason of the former, which Argyle was re- marked to have likewise often in his mouth, as a chief aphorism, and well observed by statesmen, — quod mortui uon mordent," [the dead do not bite.] Note VIII. p. 509. — Archibald Johnston's double dealing. " heller from the Commissioners at London, to the General, and Committees at Edinburgh and Newcastle. " Right Hon ble , " Amongst our others received from your Lordships, we did also receive one direct to his Majesty, the first part whereof, expressing your earnest desires for his Majesty's coming to Scotland, was very acceptable to him, and his Majesty did declare that he continues constant in that resolution to come AND ILLUSTRATIONS. 535 down. We did likewise present your thanks unto the Queen yes- terday, who declared her propension and readiness to intercede with the King, that there might be a right understanding betwixt him and his subjects of Scotland ; and that the long-continued corre- spondence betwixt France and Scotland, and the good offices which many of that kingdom have done to her father, is a reason she ac- knowledges to move her Majesty to do all the respect and kindness she can do to that nation. " There are dayly arguments and reasons given in, in his Majes- ty's name, that the act of oblivion may be general, without reserva- tion or exception of any person whomsoever, which we do always oppose. Yet we cannot but shew your Lordships, that you have laid a very hard and difficult charge upon us, in commanding us to main- tain that none cited to the Parliament can be passed from, but that the act of oblivion be general for all men and all faults upon the one side, and that the noblemen, and considerable gentlemen who have adhered to the King, shall be under the lash and hazard of the Parliament's censure. But we are resolved closely to adhere to your directions and instructions, and maintain them with the best reasons we can. " We have, and shall with all instancy urge the removing of the Incendiaries from the King and Court ; and we did yesterday make use of the information sent to us, concerning the discovery of the Earl of Traquair's plots, as an argument to the English Commissioners, and the Committee of both Houses of Parlia- ment, (who did then convene with us,) to move them to intercede with the King that he might be removed from his Majesty, and from Court, and sent home to abide his trial, which we shall still press, whether the same be obtained or not ; and shall make the best use tve can of any further informations or discovery your Lordships shall be pleased to send us. The King denies his knowledge of these plots betwixt the Earls of Montrose and Traquair : and we heard that Traquair doth likewise pertinaciously deny that wherewith he is charged. But it is not likely that Lieutenant-Colonel Walter Stewart, his relation to the Earl of Traquair being considered, would, to his prejudice, have invented them, and we hope that God, who has begun to discover these mischievous plots, will at last bring the same to light. " Mr Archibald Johnston is to take journey from hence one of these two days ; nor could the condition of our affairs and treaty spare him sooner. The debates we have about the act of oblivion 536 ADDITIONAL NOTES and articles of trade, and the Lower House is so much taken up with the discovert) of plots here, and removing of Episcopacy, that it hath foreslowed the close of thfi treaty, which we shall press with all possible diligence, and shall, immediately after we come to a con- clusion, send down three of our number, according to your Lord- ships' direction. Remitting your Lordships more particular infor- mation of all particulars to Mr Archibald Johnston his relation, We remain, " Your Lordships' affectionate friends and servants, — " Subscribed by all the Commissioners." " London, 16th June 1641." [MS. Vol. of contemporary transcripts of the negotiations at this treaty. — Advoc. Lib.] Thus Archibald Johnston, as one of the Commissioners, complain- ed of the very instructions which, as a private and indirect prac- tiser, he had passionately demanded from the Committee ! Note IX. p. 510. — The King's Instructions to Dunfermline and Loudon. " Charles R. " 1. To show that it is our royal intention to go to Scotland to hold the Parliament in our own person, and that the real end of our go- ing is to remove all distractions, and to establish a firm and durable peace in Church and State, — that we may be so cordially reconciled to all our native subjects, as they may be assured of our royal pro- tection, and pay to us the tribute of true affection, and dutiful obe- dience, and shall not hearken to any divisive motion, or misinfor- mation, which may in any sort breed discord, or be a hinderance of a happy and durable peace. " 2. You shall make known to them that it is our royal resolution to establish the Religion, and Church Government of Scotland, ac- cording to the acts of the late Assembly, without intention of change or alteration thereof, at any time hereafter. " 3. To show that we intend that such churches, and stipends of ministers, as have not been taken into consideration of the former commissions, shall yet, in a new commission, be considered, — that the tythes of these paroches may be settled according to the order which was formerly taken, and that the ministers' stipends may be augmented. AND ILLUSTRATIONS. 53? " 4. Concerning the presentations of ministers to the kirks where* of we are patron, we intend to take such order by the advice of the General Assembly, and our Council, as men of best gifts, and quali- fications, may be presented to these churches. " 5. To show that we intend to grant some supply, out of the rents of the late bishops, to the colleges, which are the seminaries of learn- ing, the better to enable them to breed men of such virtue and en- dowments, as may be fit for the service both of Church and State. " 6. Concerning; the Government civil, you shall declare that it is our royal resolution to govern our people according to the funda- mental laws of that kingdom, and to minister justice equally to all men, and that all matters ecclesiastic be judged by the General As- semblies, and other subordinate assemblies of the church, and that all matters civil shall be judged by the Parliament, and other in- ferior Courts of Justice established by the laws of that kingdom. " 7- To show that we shall ratify the treaty of peace in the Par- liament of England before our parting from hence, and shall like- wise ratify the same in the Parliament of Scotland at the next Ses- sion thereof. " 8. Seeing we conceive that there is nothing which can conduce more for establishing our authority, and procure the obedience of our subjects more, than the administration of justice, to show that we intend, at our being in Scotland, to command the Council and Session, and other Courts of Justice, to be patent, and to proceed in the administration of justice. " 9. As concerning the selection and appointing of our Officers of State, Counsellors, and Sessioners, we desire you to be most care- ful and earnest in endeavouring all ye can, and using of your best means, to make the articles that we already drew up upon that pro- position to be condescended unto, and accepted, as fittest for our honour, and the just satisfaction of our subjects. " 10- We having most clearly expressed our former resolution to establish a durable peace, in the Church and State, in that our an- cient and native kingdom of Scotland, and for that effect to be pre- sent at the Parliament shortly to hold there, and being most desir- ous to prevent all impediments that may cross or hinder cordial unity, so really intended by us with our native subjects, we earnest- ly recommend to your care, that the Earl of Traquair, making hum- ble submission to us and the Parliament, you try the minds of the Committee, and deal effectually with them to intercede with the Parliament, to accept of his humble suhmission, and the same VOL. I. to in 538 ADDITIONAL NOTES AND ILLUSTRATIONS. being accepted and recorded, that no further sentence of Parlia- ment pass against him. "11. And that all others cited to the Parliament who shall not he found guilty of some great and extraordinary crime, but have only left the country, [£. e. " the cause,"] and adhered to us, be past from. " 12. That you deal with the Committees to be content themselves, and to intercede with the Parliament, that the keepers of Treeve, Dunbartane, and Edinburgh, maybe remitted, and restored to their estates in this Parliament, seeing all is now to take a peaceable close. " 13. Although the fountain of justice is not to be stopt, nor the legislative power, which is in us and our Parliament, to be re- strained, yet seeing all things conceived to be necessary for the peace of the church and kingdom, after full debate, and upon ma- ture deliberation, are agreed unto, special care will be had that no new thing be urged which may be derogatory to our regal power, honour, or benefit. " 14. If the necessity of important affairs shall happen to detain us here, so as we cannot keep punctually the day appointed for the meeting of the Parliament there, that they would either prorogate the Parliament for a fortnight [interlined, in the King's hand, moneth,'} or, if they be unwilling to have it adjourned, that they may for the space of one moneth [filled up in the King's hand,] sit still for preparing and ripening of business to the Parliament, but make no determinations till our coming there. " C. R. s ' " Whitehall, the 30th of June 1641." There can be no doubt that the original MS. in the Fyvie char- ter-room, of the above Instructions, is that which was given by Charles the First to the Earl of Dunfermline and Lord Loudon, to be by them laid before the Scotch Parliament, which met on the 15th July 1641 . Fyvie Castle was the seat of the Earls of Dun- fermline, who were Lords of Fyvie and Urquhart. It has passed into the Aberdeen family ; and I am greatly indebted to the kindness of its present hospitable owner, William Gordon, Esq. of Fyvie, who permitted me to transcribe the above, and other interesting docu- ments in the charter-room of the Castle. PRINTED BY JOHN STARK, OID A5SEMRT.Y CLOSE, EDINBURGH. % University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1 3B» Return this material to the library from which it was borrowed. tftCffi QL JAM 16 2001 Form L9-: & 3 1158 00425 6045 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 394 261 2 -^*S^l SL3 -'* ' 1 i^S^i- em -#r-