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cumstances, and what I had to propose, which I understand he has explained
to your Lordship as I appointed him.

I have no reason to doubt that your Lordship will, in a friendly concern
for me, act such a pairt towards me as may make good my pretentions,
your Lordships interest in the Queens favor being such as leaves no place
for doubting of a good effect of what you advise her Majestic in reference
to me.


I know you have a great deal of business upon hand, which makes what
concerns privat persons to take the more time ; yet I have a confidence that
your Lordship will not neglect what so nearly concerns me.

I doe not trouble your Lordship with a long information, such as my
affair wold require ; nor doe I think it necessary, seeing my soon is with
you, who can give as good ane account of my case and my families, from
what I have told him, almost as I could doe my selfe if I were there. So I
shaU. only entreat that, as soon as convenientlie can be, I may know what
I am to reckon upon. I wish you a happy new year, and remain,

My Lord,
Your Lordships very obliedged humble servant,

To the right honorable the Viscount of Tarbat, Lord Secretary
of State for Scotland, at Court.

124. George Viscount of Tarbat to [James fourth Marquis, afterwards
FIRST Duke, of Montrose].^

9 Januar, 1702.
My Lord, — I shall doe what service lyes in my way to the gentlman
recomended by your Lordship. I wish there had been some judiciall pre-
cognition transmitted hither, for the Queen is very nice in the matter of
slaughters. My Lord, as to what your Lordship writs in your entring into
publick affairs, if the proport be (as who can suspect it otherwayes from
Montrose) that yow will be in the Queens view, under no consideration as
drawn by any party or faction (the Scots plague), but come with the testificatt

^ Original in Montrose Charter-chest.


of your innate loyalty, and consequently affection, to your princes and
country, no resolution can be more noble ; but if it be on a ballance (which
I shall never think), whither to owne that interest of our country which is
coherent with our monarchicall interest, or as a party which pretends the
country and is at the bottom antimonarchicall, then, perhaps, there cannot
be a worse ; for in that case it is never separat, si qitis vidt fallere ^;/e5cm,
fingat Deum. My dear Lord, yow doe oblidgingly remember my respect to
your father ; for, my Lord, if yow adhere to the principles of your father,
grandfather, and great grandfather, yow shall ever be followed, — if opposit to
that principle, never, but heartily regrated by,

My Lord,
Your Lordships most humble and faithfuU servant,


125. Mr. George Mackenzie, Inchcouter, to [George Viscount of Tarbat].

Kappach, February 6th, 1702.
Eight Honourable, — Since it's not improbable my last letter I wrote to
your Lordship giving account of the slaughter, or rather direct murder, of
one of your Lordships men living in this place, is miscaried or some way
neglected, I judged itt necessary to renew my information of that pitifull mis-
fortune, which is as followes : — The man that was killed lived in Knocknain,
by name Alexander M'Lean alias M'Neil, grandchild, by the father side, to
one Donald M'Neil, who lived sometyme at Counlain, and, by the mother,
grandson to old Murdo M'Coilyer, who lived under your Lordship in Ochter-
neid. This poor fellow, upon the last day of December last bypast, was
maried to a daughter of one CoUine Baynes in the Milne of Inch, belonging
to the Laird of Tulloch ; and the very next day, being the 1st of January



last, about or after six of the cloack att night, some friends of both sides,
such as my brother Kenneth, that went there to attend the bridegroom, and
others with him ; and, on the other side, Donald Bayne, brother to Knock-
bayne of a 2d mariage, and lately servant to young TuUoch ; Eory Bayne,
sou to Mr. Donald Bayne, sometyme in Inchrory, both living on Tullochs
ground, with severall others, continuing together till the aforesaid tyme of
night (old Tulloch having left them but a litle whyle befor), and, I doubt not,
taking a greater liberty than became them both in drinking and talking. As
attlength they are parting, and my brother coming away, the said Eory and
Donald Baynes, as itt were out of compliment, would see him a litle way of
from the Aveddiug house, and, as they are gone butt a short way of, Eory
Bayne beginns to renew some idle and naughty words that past twixt the
company w^ithin doors, and, judging himself a litle briskly answ^ered by my
brother, he starts aside and draws his sword, and, without any more adoe, in
his drink, amongst a rable and under night, he would challenge the other to
fight him. My brother plainly declyned itt, and by speaking calmly to him
and urging him att that tyme to a more sober temper, enclosed with him
without making use of sword or any other weapon, and thereafter forcing the
sword out of his hand delivered itt drawen, and his own undrawen, to a by-
stander, who was endeavouring to separate them, and who prudently dispatch'd
not only both theirs, but lykewise his own, out of the company ; and att this
tyme there was none in the company hurt or in the least prejudged. Imme-
diatly after the swords were sent away, my brother and the said Eory fell
a strugling, and the last, finding the other command him, called for the said
Donalds assistance (who then only had a sword in the company, being a course
Toledo, and by the acknowledgment of all was itt by which the man was thrust
to death) ; upon which Donald advances with that miserable sword drawen, and
my brother, seeing him, calls at the forsaid bystander to secure him with his


sword from doing prejudice. The said Donald is taken hold of by that bystander
and diverted from going up to the other two, who were in the mean tyme
separated from one another by the rest of tlie rable about them, and in the
encounter twixt the said Donald and that bystander the backwand of his
sword is broken ; and then, in a confusion when they parted, it seemes the
unhappy bridgroom is lykewise endeavouring to divertt the said Donald, and
then is supposed to gett his death thrust, or, as others conjecture, he gott itt
befor the other man encountred with Donald, or befor my brother took notice
of his advancing with the drawen sword. However or whenever it was, such
was the confusion amongst them all that there is none of them can declare
they saw the man gett the thrust ; only all declare there was no other sword in
[the] company, and all declare the said Donald had itt first and last, and was
seen go of the spott where the man was killed with itt. ]\Iy brother lyke-
wise declares that he and the said Eory keept still strugling so closely together,
and that to the very minute in which they heard the cry about the mans
death, that itt was impossible for Eory either to have procured the said Donalds
sword (for other there was nott), or to have done any execution with itt. And
yett, nottwithstanding of all this, they would fix the guilt upon the said Eory
and have made him absent ; but the most sober and thinking sort of people
look on this as a trick to take of the said Donald, because his comerad Eory
was befor this deed in a desperate circumstance by his murder two years ago
of a man att Glasgow, for which he made his escape to this country, — and by
this silly pollitick to lose but one man for both thir separate guilts. Butt,
sure, all the concurring relations, both of actors and spectators in this mis-
fortunate encounter, militate directly against the said Donald Bayne ; nay,
even when it's granted what Tulloch would say against Eory Bayne, by
Donalds relation, I humbly conceave Donald will be found as deep in the
guilt, and be found art and part in giving the other immediatt assistance ; for


Tallocli sayes that Donald Bayne declares that Eory killed the man with his
sword, and that Eory forced itt out of his hand. But none of the company on
either side, tliat ever I could yett learn, could declare any such thing ; on the
contrary, all deny that Eory had any sword after his own, which was a broad
sword, w^as taken from him. Since I judged this allready too long to trouble
your Lordship withall, I have written with the bearer hereof a further account
of this misfortune, with all the most particular circumstances of itt, to Colline
^PKenzie, advocate, Coules son, who, att your Lordships convenience, will wayt
on you to this purpose. Hitherto there is nothing done in itt, not so much as
a cognition taken of itt by sheriff or justiciar ; tho, by the last commission,
the last have a power to cognosce and judge of this crime, and I had no mind
to apply to either till first I had your resolution and answer. I spoke to your
son Cromarty and to Scatuell, and they promised to wTite to your Lordship ;
and since the defunct lived on your Lordships ground, they would not stirr in
the affair till your Lordships advyce were had anent itt. There is no effects or
gear belonging to the poor fellow himself, tho he made a shift to live honestly
by his occupation, that will expede the persuit ; and his nearest of kinn are as
imcapable by means to expend on, as by their esteem to countenance, a persuit
of this nature, so that the weight of itt is on your Lordship or any fitt person
your Lordship wdll be pleased to order to manage and prosecute this affair. And,
truly, it's no small reproach if the deed pass unpunished ; for tho the poor crea-
ture was not great or rich, yett he was innocent and of a peaceable and honest
deportment. After so much wrytting I do not enclyne to trouble your Lord-
sliip with any more ; only, since I am now^ engadged in a more setled state
of life that will oblidge me to take up the ramble and to think more closly
on frugahty, I humbly intreat your Lordship would be pleased to advyse and
assist me to some suitable employ, whereby I may in some measure or capa-
city or other be more serviceable to your Lordship and family than hitherto

REV. HUGH jVcHEXBY, 1702. 157

I could have been, or otherwise 1 can be. Your Lordships answer will be
impatiently expected by, right honourable,

Your Lordships most humble and devoted servant,

Geo. Mackenzie.
Indorsed in the handwriting of George Viscount of Tarbat : " Letter,
Inchcouter, 1702."

126. Eev. Hugh M'Henry to George Viscount of Tarbat.

Edinburgh, November 12, 1702.
My very noble Lord, — After duty and service. Your Lordship is a
sanctuary for all scolers and distressed churchmen. My case is fully known
to Mr. James, your son, at London, represented and atested by Eochester to
her Majestie ; the verity whereof is confirmed by Mr. William Houston,
your old friend and servant. Tho I serve the cure, yet the pick and preju-
dice of these pretended presbiterians postpons and procrastinats my stipends,
so that my nmnerous family is like to starve, which cannot be remedied but
by her Majesties commands, seeing my church is under her royal patrociny.
May it please your Lordship to hear the cry of Levie the Lords in-
heritance, and to curb the virolence and violence of those malicious
machaniks ; and Heavens remuneration shall be the prayer of
Your Lordships most obedient,

Hugh M^Henry.
To the right honourable the Viscont of Tarbat, to the care of
Eichard Goddard, at the Sub-Secretar office in Whithall, ,
1 ndorsed in the handwriting of George Viscount of Tarbat : " Mr. William
Hushton and others."



Forfar, to [The Same].

November 12, 1702.
I eeckon'd it no small misfortune that I had not the happiness to see
my dear Lord Tarbott before he went away. I congratulate the nations good
fortune that so great and wise a man is nam'd to negotiat in an affair of so
great consequence ; and am in great hopes the good reports of your Lord-
ships being further concern'd in the government will prove true ; for, tho
I think you can hardly come to any thing will raise your character beyound
the pitch your own merit has plac't it, yett your being in greater capacitys of
doing good things for your friends and country is what would give great joy
to your well wishers, of which number there is none more zealously so then
my selfe. And now I must beg your Lordship will, according to your accus-
tomed goodnes for my Lord and me, speak to both our secretarys, that my
Lord may have his pention, lodgings, and place at the councell board con-
tinued. The first is all the house we have to live in, the second is our
bread ; as for the third, tho it be not otherwayes profitable, yett its a
thing to be turnd out of looks like a disgrace and may lessen ones creditt,
especially to on in his circumstances, having so small an estate, with con-
siderable burden, as you may imaigin, affter maintaining so long a process,
the very loss of Avhich has not a little deminisht his creditt, which the name
of a privie councellor and on well att court might in some measure make
up. Lett me, therfore, beseech your Lordship to deall seriously with the
Duke of Queensberry about this, for I think twill be no great creditt for
him to have so near a relation utterly ruind when he's at the helm of
affairs. Both his Grace and my Lady Dutchess seem to have all the good
inclinations imaiginable to doe my Lord service. I therfore most seriously


beg it of your Lordship to speak with them concerning it, and, above all, that
you'l use your interrest with my Lord Seafield on my Lord's behalf, wdio
is the only person I fear, not liaving so near relation nor acquaintance with
him ; but I kno you may use arguments that may be very prevailling with
him, and I depend upon your kindness in this more then any bodys alive. I
send this in my sisters pacquett, who has sence enought to be a great
admirer of yours. I hope you will be so kind to see her, which is a favour
she will be vain of ; and by her I shall hear the oftener of your heallth and
other circumstances, to which, and all your good endeavours, both publick
and privatt, I wish success, as I doe to all thats dearest to,
My Lord,
Your Lordship's affectionate, dutiffull niece and faithffull humble servant,


If you see your old apostle Jerry, pray tell him I remember him with a
ve[ne]rable respect.

128. [John Paterson, formerly Archbishop of Glasgow], to George
Viscount of Tarbat.

Edinburgh, 21 November 1702.
My dear Lord, — This serves merelie to congratulat your Lordships
deserved promotion to a post wherin you can so wele serve the Queen and
your countrey. The Church calls for your help to haue it setled upon the
true apostolick basis, the onlie foot upon which it can serve the true interest
of the monarchie also ; and I liope yow will grant it, and God will reward it.
You know my duetifuU sentiments towards the Queen ; but our starrs are so
unluckie, as that as yet I am not able to bring up those off our order to the


same opinion, tho I hope some tyme and a serious judicious recollection will
bring tliem to my opinion. I am now ane insignificant bodie, and desires to
live in privacie and obscuritie for the small remainder of my tyme. If by
your Lordships kynd mediation her Majesty sail allow me anie thing to-
wards repairing of my great losses and damages by King Williams illegall
oppression of me, by imprisonments, banishments, and confynments in ane
arbitrary manner, for more then ten years without interruption, it wilbe a sea-
sonable kyndnes to me. Some endevors are used to gett ane address from
the episcopall suffering presbyters to the Queen. Iff it be such as I judge
will please her Majesty, I will recomend it, but otherwise I will not owne it.
And now I end with putting your Lordship in mynd of our worthie friend
the Earl of Belcarres. For Gods sake doe what you can for him. You
know his hard circumstances requyrs your help and assistance for some ofiice
or j)ost which may assist towards his releef and subsistence ; and iff the
Queen setts her monarchic upon a true cavalier foot, you know he is worthie
and capable to serve her Majesty. All yours here are wele. Adieu, my
dear Lord,

Forgive I write to your Lordship as formerlie till your new title pass oure
the seals.

I send to Sir Alexander Bruce, by this post, a part off ane act of the synod
of Glasgow and Aire in October last ; it is of ane bold strain, as your Lord-
ship will see.
To the right honorable the Viscount off Tarbat, at London — these.

Indorsed in the handwriting of Lord Tarbat : " Ar. B. GL, 2 1 No^T."


129. Sir William Bruce of Kinross, Architect, to The Same.^

Edinburgh, 28th November 1702.

My Lord, — Your old friend corns to wish you joy of your present office
and that your Lordship may improve it to the best for the advantage of your
native countrie and privat interest ; which I cannot doubt your own judge-
ment and experience will fail to derect your Lordship to be truly concerned
for both ; for I'm sure you have in some times of your life known less care
than enough had, than was due to either, by some in the like station. A word
to the wise is abundance, especially to your Lordship, soring above my advice.
I 'm sure I mean well both in relation to your publick and privit capacity,
which may render me excusable for this touch of freedom.

I was not a little surprised, in the countrie, to hear your excellent paper
of the Union suffered jeasting parraphrasis, and still the more to hear it was
restraind, after I had perus'd it ; for truly, without compleiment, I thought it
was most seasonably usefull, and glad I was when I heard it was republishd.
I cam but yesterday to this place from the countrie life, and emediatly set about
to learn the grounds of cretisising your paper, which I found mostly landing
on a few words creticks term'd cramp, particularly identifying onncss. I 'm
a sorie gramarian, but as I understand, signefying an unalterable form of union,
it ought and might have past with the whole in great applaus ; 1)ut he that
hates me for little, loves me for naught. But certenly its the matter and not

1 Sir William Bnice, the writer of this vigor- and was created a Baronet in 1668. Besides

ous and interesting letter, was tlie son of Hopetoun House and other noble mansions in

Eobert Bruce of Blairhall, and Jean, daughter Scotland, he designed the additions to the

of Sir John Preston of Valleyfield. He was a ancient palace of Holyrood, by which the

devoted loyalist. After the llestoration of building assumed its present quadrangular

King Charles the Second he was appointed form. Sir William died in 1710.
Master of Works and Architect to his Majesty,


your Lordship's Avords stures up some men's beell, who will not adventure to
decrey a thing universally applauded, as the onely mean to boy up o[u]r sinking
trade and make our forgotten countrie famous, rich, and happie. Its dreaded,
as I hear, our grandes in offices, and asspiring expectents, as well as the tru-
blew, may, as laying cross to them, stand in its way ; but I thinke an office in
the state of Great Briten, to which this end of it, in a full union, is as sib to
as the other, may be of far greater advantage then the best in Scotland as it
stands now, and for the tru-blew, their hazard seems proceeding from them
selves, as ripe for corection at home as under an union, and working forwardly
for it at present, as, no doubt, is made known to your Lordship ere now. But,
as I said at our parting, let the Kirk, stand in the kirkyaird, but brake not
the unvalouable union for either cassack or cloak.

I little doubt its the succession to cur Crown gives us a favourable invi-
tation to unit with Ingland, and if the Inglish act of settlement can alow of
the next protestant heir in generall termes, posibly it wold pass the more
pleasently in our parliament without lesning the sicurity of the protestent
religion a bit.

I doubt not, as in the proposed union in the year 70, our judicators,
holdings, and customes, will without disput be yealded to. Alow me to
minde you of the customes upon the export and imported merchandice that
such may be so considered as that our parliament, in case of union, may
rectifie and deminish them, which will contribut much to the encress and
floorishing of our trad and navigation, and sinifie little by it to the Crown in
full union.

Its like your Lordship and others may thinke it necessarie, in our next,
which may be our last, parliament to make new, and corect, and reshind
old hurtfuU laws, such as those relating to the host, leasing making, fudale
ilelinqueiicies, and reducing acts against treason to the standert of Ingland,


that we may be as uniform as our state will alow ; and therefor I shall not
doubt any thing in your treatie will pass without due reguard, so as our par-
liament may proceed therein freely without jealousie.

In the year 70 we hade no cause to apprehend a free and full communi-
cation of trade would be so much as contraverted, without which union is
but the shell, for its the kirnell, which I thinke is not to be lost for a little
mor then enough of our quota in proportion with Ingland. In our privet
meetings, Olivers proportion was considered to be betwext a 30 and 36 part
with England — that is, of land taxes ; for ambulatorie impositions upon this,
that, and the other thing used in Ingland, I remember nothing of such, and I
do not thinke such can well quadrat in proportion with Ingland without
uncerten hazards too havie for us to bear. But we may be easier than now
in proportion to land taxes, being only imposed in time of war in Ingland, if
we unit.

I know not what to say of the anext excise. If tlie Queen will part with
it next parliamen[t] she'll be little the poorer, and land rent and traffect
nmch the easier and improvable by it, and the suport of the government in
union will not miss it— a small eas to Briten, and a verie great one to this
corner, laying remot from consumption, as we do.

The last houer I was with your Lordship, the day before you parted,
accedently the Master of Works Office drop in our discourse as not layable to
oathes, and finding it not enumerat in the act amongst such as are thereby
layable, I wrote to BroomhaU to advice with his friends and mine if it might
be so restored to me in case of an change, naming your Lordship as my friende,
without saying ony thing of your opinion. It was ray office some years,
wherein I wrought more for my fie then has been since or for a hundred of
years had been wrought. The Duke of Lawderdale took prejudice at me for
adding to the number pleaded redress of greivances, and knowing well my


master would alow nothing of prejudice to be don me, cuningly got my office
suprest as useless, and revived it in favours of his brother by a letter with-
out comision. Its like the Queen may minde me, however. I served her
uncle and father 50 years faithfully, not without banishments, etc. If it do
not cross other designs, and that new choises must be, minde me as you pleas.
I have been some time that I would not have trucled under it, but I am not
so streatned as to be onwise burdensome, and, for deverticement, I have
enough in serving all and sundrie gratis. Excepting Broomhall, I have not
touched this matter to any till now to your Lordship. I am, my Lord,
Your Lordships most faithful! and most humble servent,

Wm. Bkuce.

If in opinions I have run without my line, its my naturall kindness for
my countrie and deferrence to your Lordship has led me.

For the right honourable the Viscount of Tarbet, conjunct Secretarie of State
for the kingdom e of Scotland — at London.

130. [John Paterson, formerly Archbishop of Glasgow], to Sir Alexander


Edinburgh, 15 December 1702.
It's sadd (if our intelligence is true) that anie true sones of the church,
much more that anie bishops, sould reason or vote against the bill sent up
to the peers by the excellent house of commons relating to occasionaU com-
munion. It seems some bishops there will cooperat to keep the Church of
England from its firm setlement and securitie, as some here are like to doe
in hindering the restoration or releeff off our desolate church. God forgive

Online LibraryWilliam FraserThe earls of Cromartie; their kindred, country, and correspondence (Volume 1) → online text (page 38 of 53)