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reasonable, and that it should be attended to as soon as a
vacancy occurs in a Scottish company of horse ; inasmuch as the
aforesaid Act speaks of some such or other honourable post,
which may be understood as one of less importance.

After discussion thereanent, and the letter of the Council of
State having been taken into account, it was resolved and
decided that the first colonelcy of a Scottish regiment which
may fall vacant be not presented to any one without previous
notice to, and the consent of their High Mightinesses ; and that
with this end in view, this resolution be announced to His
Excellency and the aforesaid Council of State.

November 25. — After reading and examining the proposal of
Agent Carleton and the resolutions, acts, and promises of their
High Mightinesses presented by him along with it, in order to
establish the claim of the Earl of Bachlough to have the
colonelcy of the late Sir Francis Henderson conferred upon
him, it was resolved, after foregoing discussion, hereby to
request and commission Count van Culenborch, W. van Be-
veren, etc., to present these documents to his Excellency, to
get his opinion about them, and bring in a report about the
whole.



Proposal to divide the Ttvo Regiments of Scotsmen
into Three.

December 1. — The case of the Earl of Baclouch being R eso i u tions
brought up again for discussion, with regard to his claims to the of states-
colonelcy of the Scots regiment of the late Sir Francis Hender-
son, founded on several acts and resolutions of their High
Mightinesses, referred to by Agent Carleton in his proposition
of the 24th November last, and thereafter handed in. It was
resolved, after foregoing discussion, to place the said proposi-
tion with the papers referred to in the hands of the Council of
State for examination and advice, and to request the said
Council to consider if it would not be advisable and advan-
tageous for the country to divide the two Scots regiments in
their High Mightinesses'' service into three regiments, and to
furnish them with two other colonels and other officers required
besides Colonel Brogh.



THE THIRTY YEARS' WAR [1628

Advice of the Council of State. (Dec. 7, 1628.)
High Mightinesses, — We have seen your High Mightinesses" 1
resolution of the 1st instant, and find that two points in it
have to be considered : the first, the pretensions of the Earl of
Bachlough to the colonelcy of the Scots regiment of the late
Sir Francis Henderson; the other, whether it would not be
advisable and beneficial for the country to divide the two
Scots regiments in your High Mightinesses"' service into three
regiments, and to furnish them with two other colonels, besides
Colonel Brogh and other officers required therefor.

Whereupon, in order to advise your High Mightinesses we
have, as far as concerns the first point, read all the accompany-
ing documents which were presented to your High Mighti-
nesses on behalf of the Earl of Backlough. And having taken
into consideration the various acts of promise given in connec-
tion with it, we cannot see, in view of them, how on this
occasion he can again be honourably passed over ; seeing, too,
that this is the same regiment which aforetime his own father
brought over to serve this country, and since before everything
else the advantage of the country ought to be considered,
which is the more in favour of his case, inasmuch as by his
promotion the country will be relieved of the payment of [the
sum of] two thousand guilders yearly, which hitherto, owing
to want of money, has not been paid, and we cannot see how
it is to be paid in future.

Regarding the other point, whether a third regiment can be
formed with advantage to the country from the two Scots
regiments, as thereby the country must be burdened with new
payments and officers, we could give no other opinion (under
correction) than that it cannot be done at this time with
advantage to the country owing to lack of money. But if
your High Mightinesses should find it advisable and convenient
to enter into this matter, we think that the pay of the new
officers could be found, and less burden laid on the country, if
the regiments should be decreased by so many soldiers as the
said payments, regulated after the new standard, amount to,
which can be done by a decrease of sixty-three soldiers. And as
we see daily that the colonels leaving this country remain for
years absent from duty, and yet draw the country's pay, to
the manifest detriment of the country, we deem it necessary



1 62 8] CLAIMS OF EARL OF BUCCLEUCH 387

that your High Mightinesses should be pleased to take into
consideration whether it would not be beneficial to make a firm
resolution that colonels, as well as lieut.-colonels and captains,
are not to remain away beyond a certain fixed time without
losing their pay. H. van der Capellen, Pres.

By order of the Council of State of the United Netherlands,

M. HlJYGENS.

At the Hague, Dec. 7th, 1628.

December 12. — There was read the advice of the Council of Resolutions

State, of date the 7th instant, with reference to their High of states -

o General
Mightinesses 1 resolution of the 1st instant, and consisting of two

parts : the first as to the claims of the Earl of Backlouch to
the colonelcy of the Scots regiment of the late Sir Francis
Henderson ; and the other, as to whether it would not be
advisable and advantageous for the country to divide the two
regiments in their High Mightinesses'' service into three
regiments, and furnish them with two other colonels besides
Colonel Brogh, and with other officers required for them. The
advice as regards the first point was to the effect, that they
have read all the documents presented to their High Mighti-
nesses on behalf of the said earl, and have considered the many
various acts of promise made to him regarding it, and would
submit as their opinion that in consideration thereof he cannot
honourably be passed by again on this occasion, seeing too
that this is the same regiment which his own father brought
over in former days to serve the country, and that, further-
more, before everything else the advantage the country may
reap should be attended to ; which makes his case the stronger,
inasmuch as by his promotion £the country will be relieved of
the payment of two thousand guilders yearly, which hitherto
has not been paid owing [to want of money, and can with
difficulty be paid.

As regards the second point, inasmuch as thereby the
country will be burdened with new salaries and officers, the
said Council are unable to come to any other decision than
that it cannot be done at this time with advantage to
the country owing to scarcity \oi money ; but if their High
Mightinesses should find it advisable to take this step, the



388 THE THIRTY YEARS 1 WAR [1628

Council's opinion is, that the pay of the new officers could be
found with less burden on the country if the regiments were
diminished by as many men as said payments regulated by
new standard will amount to, which could be done by a decrease
of sixty-three soldiers. They would also like it to be con-
sidered whether it would not be beneficial to take a decided
resolution that colonels, as well as lieutenant-colonels and
captains, are not to remain absent beyond a certain fixed time
without losing their pay. After discussion thereanent in the
presence of his Excellency, the business was adjourned.

December 15. — There was read over the advice of the Council
of State of the 7th instant regarding the two Scots regiments
in their High Mightinesses 1 service about dividing them into
three regiments. After foregoing discussion, the division was
agreed to, and it was resolved that besides Colonel Brogh,
two other colonels and other officers required for the two
regiments be appointed, on condition that the two colonels be
each paid three hundred pounds per month, and that the officers
to be newly appointed be placed on the revised State of War ;
and that the Council of State shall promptly effect the reduction
of each company by two men, in order that the increased number
of payments to colonels and officers may be found out of the
pay of the men dispensed with. Further, it was also resolved
that the colonels, lieut. -colonels, and captains must be in this
country during the summer, and that during the winter the said
colonels may be absent by permission six months, and the
lieut.-colonels and captains, likewise by permission, three
months, on penalty of forfeiting their respective pay for the
time beyond the above during which they remain absent from
the country. That notification of this is to be made to all
absent colonels, lieut.-colonels, and captains by the said
Council of State, after consulting with his Excellency. The
deputies of the Province of Holland and of Stadt en Landen
declared that they could not agree to the above-mentioned
division, as they had no instructions about it from their
principals.

(Rec. Aug 1 20, 1629.)

Halts et puissants Seigneurs, — Depuis que je receu vostre
resolution le 4 de feurier selon le vieux stile touchant le



1632] CLAIMS OF EARL OF BUCCLEUCH 389

regiment qui nVest ordonne par vos Seigneuriers, je nfadressay
incontin. de expedier mes affaires en ces quartiers icy, et
ufapprester en toute diligence de me rendre par de la pour
attendre vostre service, auquel je tacheray de m'employer aussy
fidelement quaucun que ce soit, et pour cest effect me trou-
veray en Holland au mois ensuivant, ou je recevray les com-
mandements de vos seigneuries. Et ainsy laissant les
particularites a Tenseigne Scot, j'abstiens de vous importuner
plus a present, et vous baisant tres humblement les mains, je
demeure de vos Seigneureries tres humble et tres affectionne
serviteur, Buccleuche.

D'Edimbourg, le 6 de Mars 1629.



1629, November !29. — Mr. Beaumont informed the meeting Resolutions

of States-
General.



that the Earl of Backlough requests that their High Mighti °



nesses provide him with his commission as colonel of a regiment
of Scots, this having been conferred on him by their High
Mightinesses 1 former resolution, and that he be admitted to
take his oath of allegiance to the country. Secondly, that the
commencement of his pay and wages as colonel date from the
death of Colonel Francis Henderson, who died here in the
Hague, seeing that to him, Backlough, was specially promised
by Act of their High Mightinesses the first Scots regiment
which should fall vacant. After discussion thereanent, it was
resolved that a commission be despatched to the said earl by
their High Mightinesses, and thereupon he is to take the proper
oath, and that his pay and wages as colonel shall commence
on the date of the Act granted by His Excellency for the said
colonelcy.

December 19. — The petition was read of the Earl of Back-
lough, requesting for the reasons stated therein that his pay as
colonel shall commence on the day on which the regiment was
formed for him. After discussion thereanent, it was resolved,
in accordance with their High Mightinesses" 1 resolution of
Nov. 29th last, that the petitioner's pay as colonel is to com-
mence on the date of the Act granted by His Excellency for
the said colonelcy.

1632, May 25. — There was also received from the King of
Great Britain a missive, written at Whitehall on April 10th



390



THE THIRTY YEARS' WAR



[1632



last, containing a request that their High Mightinesses would
excuse the Earl of Backlough for being unable to discharge his
duties as colonel in the next campaign. After discussion there-
anent, no decision was taken.



Hauts et Puissants Seigneurs, Nos bon alliez, — Entendans
que vous prenez en mauvaise part la longue absence de nostre
Cousin le Comte de Buccleuth, et supposez qu'il y a de sa faute,
Nous ii'avons pii pour vous en esclaircir et fair voir son inocence,
que vous faire entendre qu'a la verite c'est nous mesmes qui
Tavons si long temps retarde et garde prez de nous pour
quelques affaires qui ne pouvoient aucunement souffrir son
esloignement. Nous vous prions de ne vouloir permettre (au
moins en nostre egard) que son absence luy porte aucun preju-
dice ni en sa charge ni en son entretenement. Et vous asseurer
que nous prendrons ceste obligation pour nous mesmes, et
Texpedians au plus tot. Nous luy octroyerons son conge dans
six sepmaines ; aubout desquelles il ne faudra a revenir vers
vous, et en sa charge, vous rendre graces suffisantes par ses
meilleurs services. Ce que nous promettants de vostre amitie,
nous ne ferons la presente plus longue. Ains demeurerons,
Hauts et puissants Seigneurs, nos bons amis et alliez, vostre
bien bon Amy, Charles R.

1633, April 13. — A missive was received from the King of
England, written at Westminster, March 17th last, requesting,
for reasons given therein, that the Earl of Buccleuth may
suffer no loss on account of his long absence, either in respect
of his command, or in respect of his appointments. After dis-
cussion thereanent, no resolution was taken.

November 19. — The petition was read of the Earl of
Bacclouch, colonel of a regiment of Scots infantry in the
service of these United Netherlands, requesting, for reasons
stated therein, that he may receive his pay as colonel, due from
May 29th, 1632 [when his, the petitioner's, leave expired]
till his return to this country, in May last. After discussion
thereanent, their High Mightinesses declared that they could
not enter into the matter.



1635] CLAIMS OF EARL OF BUCCLEUCH 391

(Rec. Dec 1 21, 1634.)

Hauts et Puissants Seigneurs* nos bons amis, voysins et Diplomatic
alliez, — Requeste nous a este tres humblement faicte par nostre Correspond-
Cousin, le Comte de Buccleuth, dont le pere et les ayeulx
depuis longtemps ont porte des charges militaires soubs vous,
de vous vouloir raccomander ses affaires. Esquelles a raison
des domages et pertes soustenues en vostre service, il alloit
grandement souffrir sans la redresse quil attendoit de vos mains
par le payement des arrerages tant des pensions, lesquelles pour
quelques debtes vous aviez octroye, que de tout ce qui peut
estre encore deu a feu son pere, pour tout le temps de son
service ; quoy que quelques fois, a cause de nostre employ par
deca (ainsy que lors nos lettrrs vous firent entendre) il ait este
force de s'en absenter. On bienque nous soyons asseurez et de
la satisfaction que vous estes accoustumez de doner a cause qui
fidelement vous servent et de la bienveillance que vous portez
mesmes a la memoire de ceux qui vous ont servi, tellement que
nous jugeons estre chose superflue de vous en importuner- Si
est ce neantmoins qua la cognoissance que nous avons de sa
necessite et a sa tres instante requeste, Nous avons bien voulu
faire ceste intercession pour luy. Et vous prier tres affectu-
eusement de donner ordre que promptement il soit satisfait de
tout ce qui se trouvera luy rester deu en vos provinces. Ce
ne sera pas seulement un acte de vostre equite et faveur pour
acquerir et confermer les devotions des autres a vous servir,
mais aussy un.tesmoignage de vos affections en nostre endroit,
qui nous invitera a vous en respondre pareillement et a toute
occasion nous monstrer que reelement nous somes. Hauts et
puissants Seigneurs," nos bons amis, voysins et alliez, vostre
bien bon Amy, Charles R.

A nre palais de Hampton Court, le 30 e de 7 bre 1634.

(Feb. 6, 1635.)
High and Mighty Lords, — By note of February 20th, 1630, Political
your High Mightinesses referred to us for settlement the ence
request made at that time by the late Colonel Bachlough for 1634-36.
payment of some arrears of pensions which he alleged were
still due to him in virtue of former resolutions. This note
was not till December last placed in our hands by a certain



392 THE THIRTY YEARS 1 WAR [1635

person with full power of attorney from the son of the afore-
said deceased colonel, who comes forward to resume this case,
supported by letters of recommendation from the king, and
assistance from the Resident of England. We cannot, after
examination of the aforesaid claims, and after going over what
was done before in the case, arrive at any other j udgment than
that which your High Mightinesses came to, and we adopted,
for good and pregnant reasons, well and rightly refusing said
petition, since then we have adhered to our decision.

Whereupon he has again addressed himself to your High
Mightinesses, who have been pleased to ask our advice about
it. We have, at the request and in presence of the Resident of
England, had a conference with the aforesaid agent about this
matter, in order to ascertain his wishes better and to make
him desist from his unfounded claims. These he arranged
under four points :

Firstly, to have payment of a pension of twelve hundred
guilders yearly, promised to him on December 3rd, 1615.
Secondly, interest of twelve hundred guilders yearly, granted
to him on June 12th, 1623, in place of the aforesaid pension.
Thirdly, a pension of two thousand guilders yearly, voted to
him on December 26th, 1625, with expectative of a company
of cavalry, or some other important charge. And fourthly,
that he receive the pay and wages which fell due during his
last absence before Maestricht and since, quoting as precedent
the case of Marshal de Chastillon.

Having examined former resolutions on all these points, we
have clearly explained to the aforesaid Resident and to said
agent the true meaning of the resolutions, namely, as regards
the first point, that the late colonel had in fact no reason or
right to demand eighteen thousand four hundred guilders from
the country for the services rendered to the country by his father,
in the like capacity of colonel, inasmuch as he was absent for
the most of the time ; but that, on the earnest recommendation
of the King of England and his ambassador, their High Mighti-
nesses had granted him a pension of twelve hundred guilders
yearly during his whole lifetime, with the promise that he
would have the preference before others if a new Scottish
regiment should be raised ; and this pension he refused to



1 63 5] CLAIMS OF EARL OF BUCCLEUCH 393

accept, saying that he possessed such means and rank that
twelve hundred guilders yearly made no difference to him ; so
that no orders thereanent were ever passed, except now and
then one for one hundred or two hundred, or some such sum,
amounting in all to eight hundred guilders, and this was
deducted from the said pension for the benefit of Delia Butlers,
whom the old Colonel Bachlough had seduced. But from time
to time further demands were made to have either payment of
the arrears due, or an honourable appointment, and after
divers recommendations from the King of England and his
ambassador, your High Mightinesses resolved on November
4th, 1619, that satisfaction be given to the said Earl of Back-
lough by one of the two aforesaid measures, for which he
pressed so hard, namely, that he should be presented with the
first regiment that should fall vacant or be raised among the
Scots, on condition that he should give up the first alternative,
resigning the claims which he had on the country and also
paying some creditors in this country, whom he had always
put off till he should receive satisfaction. This offer he
accepted in a letter of thanks, dated May 29th, 1620, with
the renunciation and conditions contained therein, and your
High Mightinesses granted him on July 14th, 1620, the afore-
said Act Expectative. When after that Colonel Hinderson
died, and the vacant regiment was given by his Excellency 1 of
glorious memory to Lieutenant-Colonel Francis Henderson,
and not to the said Earl of Bachlough, your High Mighti-
nesses, on the complaint made by him about it on June 12th,
1623, resolved that, owing to the great want of ready money,
he should be accorded a pension of two thousand guilders
yearly as interest for the sum claimed by him, till he could be
provided with a colonelcy. As he was not content with this,
and refused to accept it, he had the case brought up again
in the year 1625 by the Duke of Buckingham, the Earl of
Holland, and Mr. Carleton, who had then arrived here as
ambassador-extraordinary; and your High Mightinesses having
had a conference with them about it, your High Mightinesses
informed the said ambassadors, that on their recommendation



1 D. ' hodger M e ,' which I believe = ' hooger memorie ' (of higher memory).



394 THE THIRTY YEARS' WAR [1635

an Act Expectative of the first company of cavalry, or some
other important charge which should fall vacant among the
Scots, would be granted, and till that time a pension of two
thousand guilders yearly, the said pension commencing on the
date of the said Act, and ceasing with the conferring of the
said company or some other important charge. The said ambas-
sadors having left with this resolution, no notice of the accept-
ance of the offer came thereafter, only on July 3rd, 1627, your
High Mightinesses received a letter from the king and the
above-mentioned duke, requesting that the said earl might
have an expectative 1 of the first regiment, and meanwhile
two thousand guilders yearly. Whereupon your High Mighti-
nesses on July 20th following had an Act of Expectative
despatched, promising that the said earl would have the first
company of cavalry conferred upon him, or some other im-
portant charge which should fall vacant among the Scots, or
if a new regiment of Scots were raised before then, that it was
to be done by him. With this Mr. Carleton was satisfied at
the time, and only requested that the promised pension of two
thousand guilders yearly might not commence on July 20th,
1627, the date of the Act Expectative, but on December 16th,
1625, on which date your High Mightinesses made the offer
to the ambassadors. But your High Mightinesses refused this
on August 21st, 1627, as the offer which they made was
accepted not on December 16th, 1625, but only on July 20th,
1627. And, accordingly, the said pension of two thousand
guilders was paid from the said 20th of July till he should
obtain the colonelcy. This was done in such wise that, when
Colonel Francis Hinderson died in the year 1628, and his
Excellency thought it dangerous to pass over the lieutenant-
colonels and other officers who had risked their lives at all
times, and to confer such an important post on a nobleman
who had never seen any war or been in the service of the
country, your High Mightinesses nevertheless resolved, in
order to be relieved of the troublesome solicitations, to take a
middle course, and for his accommodation to make three
regiments out of two, whereby he was satisfied for the first
time. But after he had held the colonelcy some time, he

1 = ' Act Expectative.'



i63S] CLAIMS OF EARL OF BUCCLEUCH 395

commenced to renew his old claims to the pensions which he
had refused to accept before, and for which he had never asked
an order. 1 As this was for good reasons refused him, the son
now, finding the papers in the deceased's house, and not know-
ing what has already been done in this matter, has the case
taken up again, and goes so much further that he denies that
satisfaction was given to his father, as not a whole regiment,
but only half a one, was given to him, and not at a salary of
four hundred or five hundred guilders a month, but only three
hundred guilders ; and also requests payment for his absence,
alleging that it was due to him no less than to others who
held similar commands, who took good care to be paid for
their time of absence.

On all these points, we have instructed the Resident and
Agent as far as possible of the true state of the case, and
endeavoured to make him satisfied therewith, declaring and
proving that the first offer of twelve hundred guilders yearly
was flatly refused, that the second was never accepted, that
not a half, but a whole, regiment was conferred, at such rate
of pay as others got, and that the pay of those absent before
Maestricht and elsewhere was not paid, giving on each point
the reasons therefor.

But it appears that they still would not accept what we told
them ; and the said Agent gave utterance to somewhat im-
proper words of threatening. Wherefore we have found it
necessary to give a somewhat long account of this matter, not
being able to see that the request has any foundation whatever.

By order of the Council of State of the United Netherlands,

Huygens.



At the Hague. February 6th, 1635.

1 i.e. for the payment of the pension.



396



THE THIRTY YEARS 1 WAR



[1629



VI



PAPERS RELATING TO THE EARL OF MORTONS



Online LibraryScottish History Society. cnPublications of the Scottish History Society (Volume 32) → online text (page 39 of 59)