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The earls of Cromartie; their kindred, country, and correspondence (Volume 2) online

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Just. Clerk. Arnistoune.

Anandale. Lauderdale.



By which your Lordship sees we wonn it only by one, and indeed good sa.
We are exceedingly obliged to these seven Lords, and I intreat your Lord-
ship may return them thanks. I do not doubt but they will reclaime, but I
liave litle reason to fear any alteration from this judicature. By all means
compliment Mar on his brother['s] extraordinary handsome behaviour, who
beat the subtile Doctor Cullen out of all his a2ypices juris, not only by soUid
reasoning, but by many learned authorities, in which he shewed no less read-
ing then sound judgement ; and, tho' they gave it out that he was on tlie
(jther side, I found him an Erskine indeed, which will forever tye me to
that familie, Avhicli indeed I had abundance of inclinatione to do before, but
this last link will chaine me to it. The 2527152G1914152329 shewed
his 25 11 27 29 19 11 21 19 29 32 openly for 12 30 29 15, which was no sur-
prise : what stepps will next be made I know not. I presume they will give
in a bill, and if the Lords still adhere, no doubt they will appeal I must
govern myself according to theire motion. It will be fitt to have the clerk
of parliament to inform us what they do, that we may provyde against it.

Now as to Killravack, he goes post to-morrow. I have sent a few of our
informations witli him, which your Lordship will be well enough pleased
with, and tlio' they are better worded, yet most of the arguments were in the
former, a copie of which your Lordship had Math you. We have sent an
exspress north for the documents needfull in the dispute about the election.

I wish they may come in time, and that we may get an occasion to send
them up.

Many think the memoriall given in to the house may create 30 28 15

23 15 22 19 15 28 among the 30 18 19 17 28— particularly 30 18 11 27 29

24 30 23, which I hope your Lordship will endevour to take off, and do any
thing rather then spoile our maine affaire, I mean the appeal. I wish 32 21

I I would manage that mattei', or any other of our friends ; for Sir D. Dal-


rymple really was afraide it might irritate some great men, which I dare [say]
your Lordship did not design. ' '

We are all in good health. 12 30 29 15 and his 12 27 24 29 18 15 27 gave
it out that your Lordship was blind and had the palsie : I dare say tlun'
wished it.

I have sent one of the additionall informations, the principall being too
long to send by the post. This will serve to give our lawyers a view of the
arguments and case.

330. [Sir James Mackenzie, Lord Royston, to his Father, George Earl of


[December 1709.]
My Lord, — I acquainted your lordship, by last post, that young George is
declared laird of Rosehaugh, Init whether the lords will adhere to it I knoM'
not ; for no doubt there will be reclaiming bills, and we carried it only by
one vote. My Lord Forglan fought manfully for me, which I perswade my-
self is not a litle oweing to my Lord Seafield's help, which I shall be glad his
Lordship know. I shall say with confidence that, take any fifteen men in
the nation, it would not have run so narrow as it did. I sent a few of my in-
formations and the abrigement of the acts of parliament with Kilra[v]ack, who
will be in London before this. I do not doubt but my adversaries will use
all means to get our interloquitur overturned ; and they have some friends
on the bench that will do theire outmost to catch a proper opportunitie. I
entreat your Lordship would write to Minto, Forglan, Anandale, and indeed
to all the seven. The first exspressed an extrordinarie kindness to your Lord-
ship, which he said was no small motive to incline him to my side ; and


truelie we cannot be gratefull enough. I am doing all I can for his nephew
in our parish of Cramond, but I find he will meet with opposition, especially
from Sir John Inglis, because my Lord Minto opposes his mother ; but,
tho' I wish my lady verie well — as she deserves at our hands, yet our
preingagement to the other, and that they have no particular person to
recommend in whom they are much concerned, I hope they will not take it
amiss that we befriend the other. Minto desyres your Lordship to send
tloune a letter of proxie to that particular effect, let the person be blank ; and
it shall be filled up at Minto's sight, — the sooner the better, for the time of
the call draws near.

331. [George first Earl of Cromartie to Sidney Godolphin, Earl of
GoDOLPHiN, Lord High Treasurer of England.]

My Lord, — We did give your lordship formerly the trouble of a menio-
riall relative to the process of treason persued by her Majestie's advocat
figainst James Stirlin of Keer and other four. We had at that tyme heard of
ane information sent up to court, to whom or of its contents we had verie
dark accounts. But now that process, as extracted from the records of the
justice court, being printed, and sent up without acquainting us thereof,
untill it was in the post's hands on Saturnday last, wee having occasion to
meet together on this Munday, the ordinar meeting day of that court, at
which tyme we understanding that this process is sent to her Majestic, we
presume that the process is faithfully extracted from the records ; and, if it
come to be considered by her Majestic, or by any whom her Majestic shall
please to appoint so to doe, we humbly intreat your lordship may be pleased


to lay our forementioned memoriall also before her Majestic, or them, for
more full explication of what may occur in that matter, and that mistakes of
persons or things may be prevented. My lord, we should not have added
any new trouble to her Majestic, or your lordship on this subject, if we had
not found anc appendix printed together with the extract of the j)rocess ;
and, that being gathered from privat memory and without book, we shall not
touch what concerns the Lord Advocat's privat thoughts and management
of that process in its preliminaries, which did not come otherwayes to our
knowledge but in this appendix ; for we doe not doubt of his acting zealouslie
and prudently in her Majestie's service and the nation's concerns. But,
when he coms to give anc account, in the 28th page of the appendix at its
close, how that on the 2 2d day of November the commissioners of justiciary
did give out their interloquitur, finding the riseing and continueing in arms
without her Majestie's authority, and actual correspondence with the enemies
invaders relevant to inferr the crime and pain of treason, the appendix adds
that the advocat has lybelled riseing and continuing in arms without autho-
rity, and added the correspondence with the French invaders as an aggrava-
tion. It would have been anc extraordinary interloquitur, if it had repeat[ed]
all the alternitives put in ly bells ; but, as constant use is, the judges did
draw the scattered branches of the lybell, souming them up and puting them
in a plain and distinct view for the cognizance of the jurie ; and as near the
words used, by the advocat in his conclusive summarie, in the 5th page of his
lybcU, in the 6t and 7t lines thereof, and in the clear sense of the lawes
cited by him and relating thereto. And this is more fully explained in our
forementioned memoriall. ISTor needed the judges mention the lesser alterna-
tives in the conclusion of the libel, since all that was relevantly libelled
could inferr no less than the pain of treason. And, tho' the appendix ommitts
to inform, it is not unfitt to be known that all the judges were unanimous


in this interloquitur. And, as the lord advocat hath the wording of the lybel,
it would be a greivance of the first magnitud to give the persuer the wording
of the sentence. The four witnesses adduced by the advocat being fully
examined on all his interrogators, in open court and in presence of the jurie,
he (as is said about the midle of the 29tli page of the appendix), to supplie
and compleat the probation, adduced one Mr. William Grahame, against
whom the advocats for the pannels, i.e., the prisoners at the bar, objected
Imo, that he was socius criminis ; 2do, that the advocat affirmed him to be
such in his indictment ; 3tio, that therefore they could not be witnesses
untill they were first pardoned and indemnifyed, least they might be terri-
fyed with the fear of death at the persuer's instance. But the advocat
declaring that, albeit he had mentioned these witnesses in the indictment
given to the prisoners, yet he having thereafter come in and given baill, he
liad passed from the process against them. "V\^iereupon, albeit it was a frequent
custom to reject witnesses untill they were pardoned, yet the judges in the
present circumstantiat case did repell the defenders' objections, and sustaind
the witnesses. But, 4to, the advocats for the defenders objecting that this
witness was not contained in the list of witnesses given out with the indict-
ment by the advocat, which the act of parliament, anno 1672, did expressly
require, and which was one of the most essentiall things provided by our law
for the securitie of our subjects' lives and fortuns, the advocat's ansure to this
was, that, tho' he was not in the first list of the witnesses given in with
the first indictment, yet that he had given a second indictment (which,
he said, was the same with the first), and on more than fourty-eight houres
[notice] before appearance. To which the defenders ansured that the
debate had run on the first indictment only, and that there was no other
indictment produced in process. The judges [called] for what was produced,
wdiich was only but the first indictment ; and, the list of witnesses given in


with that indictment not containing William Graham, the now adduced
witness, five of the judges refused to admitt him, and one was for
admitting of him. Whereupon the advocat closed the probation, and the
case was remmitted to the jurie, according to law and custom. The ap-
pendix, page 32, tells that the judges might receive him, because the
matter was wholly intire, and no interloquitur pronounced; whereas the
interloquitur was passed and pronounced in court before anie of the witnesses
were adduced. It adds, further, that the advocat might pass from his indict-
ment if he had pleased, and begun a new one, which indeed was truth ; but,
there being but one indictment in the field, and the list of witnesses given
in with that indictment not containing this witness his name, and the ad-
vocat having not passed from this indictment before the jurie was constitut
and sworn, and witnesses examined, the judges could not, without open breach
of law and overturning the legall customs which secure the leidges both as to
lives and ffortunes, stop the remitting of the case to a jurie who were then
become judges in the cause. ]My Lord, the advocat could not be so far sur-
prized with a demurr of this kind, so expressly founded on law, as the judoes
were to hear what the Lord Advocat expressed on this occasion, and a part
whereof is also repeated in the appendix, page 32, at the close, not needfull to
be here repeated ; for mistakes may be incident to the best and ablest of men,
and therefore we will not press this matter further. But with all submission
we judge it necessarie that this humble information should be likwise printed,
whereby it may appear that both her Majestie's commands and proceedings in
this matter were most just and reasonable, so her jMajestie's judges have, in
consonance to her royall will and practice, proceeded in her service with
exact observance of her JMajestie's lawes.


332. [Geokge fiest Eael of Cromaetie to John Churchill, first Duke
OF Marlborough.] Copy.

18 February I7\p.
To forgett my indiscretion in pressing perhaps too much for a captain's
place to Lt. St.,^ my grandchild, since the ordinar course doth not entitle him
to claime it as of right, your Grace's greater favour to myself then in justice I
could claime, and beeing of ane old acquaintance, and arrogating to be amongst
your firmest (tho weak) freends, did incouradge me ; yett I had not advanced
so farr had I not seen severall children of parents who had no known recom-
endation in themselfs, and the sonnes haveing never served ontill they were
captains and some collonels, this did raise my vanity for asking a captain's
place to one who hath served with applause enough amongst his equals, now
in a season of so many vacancies ; and this moves me once more to renew my
suit. If granted, it will be considerable favour ; but if not, since my interest
in him cannot conduce to his advance, I restrict my intreaty to his not beeing
the worse treated, nor infected with the misfortune of his grandfather, and that
your Grace may in goodnes rank me, tho in the lowest rank, amongst
Your highnes' most obedient and humble servants.

333. Charles Lord Yester, afterwards third Marquis of Tweeddale.

[Address wanting.]

London, February 17, 1710.
My Lord, — I desired my brother to make my excuse last week for not
writing. The Duke of Eoxburgh saying he would write on Thursday last,

1 Lieutenant Steuart was John Steuart, afterwards Sir John Steuart of Grandtully, the
husband of Lady Jane Douglas.


hindered me. I had all last week a pain in my foot, which I am affraid will
turn at long run to the gout. It is now gone without taking any thing for
it. My son Johny hath been indisposed this forthnight by gone. His indis-
position is now turned to an ague, and we expect this day his third fitt, after
which he is to get the barck to take it off. Susan hath got a little of the
cold. Jamie is as yet very well. I hope in God the others shall be so in a
little time. We have had very bad weather all this month here, to wit, cold,
rainy, easterly winds ; and the small pox, fevers, and agues are very frequent
here. My wife is, I thank God, very well, but uneasy about her children.
As for news, what I can write will be a little old. The pasports are gone
from the Hague for the French plenepotentiarys, and they and ours will meet
together on Tuesday next. The success of the negotiation will depend upon the
forwardness we are in for an early campaigne, for, till all be adjusted, there
will be no cessation of armes granted. This adress, which I shall send down, if
it comes out in print, this night, makes a great noise here, and occassioned very
warm speeches in the House of Commons, but not much in the House of Peers.
It is not reckoned to be well worded, and the main design of it is to take off
abroad any impressions the late broulerys at court might make to the D[uke]
of M[arlborough's] disadvantage, by showing how well he is in the esteem of
both houses of parliament. I am informed 33 managed this affair, and is
now entirly in with 42 and 47, but wither this union will be of any service
to 28 I cannot say. What happend in the House of Peers in relation to
Greensheills, is enteirly owing to my Lord Eocheter, who proposed the delay,
and hath disobliged the Torys by it, who would certainly have carried the
point in favour of Greensheills if that delay had not been proposed. There
were 49 for sending for the papers, and 38 against, wherof 14 Scots and 6
bishops to 5 : Argile would not. I believe a toleration will be proposed, but
burthened with the taking of the oaths and praying for Princess Sophia, which



I fancy will not take with our Episcopall clergy. My brother talks of going
down this week. Now that the D[uke] of M[arlborongh] goes over, I am
affraid lie shall get nothing done at present, but I believe he is pretty well
convinced that there is no doing of bussiness here but by being present, and
meritt goes but a little way. I add no more at present but my wife's humble
duty to your Lordship, and I am, my Lord,

Your Lordship's most obedient son,


33-1:. William fifth Eakl of Seafokth to [George first Earl of Cromartie].

Wotton, the 10 of June 1710.
My Lord, — The case of the three Catholik gentlemen that were banished
out of Scotland in March last, oblidges me to give your lordship this trouble,
tliat you wood be pleased to interceed for them, and get my Lord Mar and
what others your lordship cane, to befrend them. There circumstances, I
supose, is so well known to you, my lord, that I need not trouble you anny
farther, but earnestly begg your lordship and my lord Mar woo'd doe them all
the kindness you cane, which I shall always owne as a particular favour done
myself. Begging pardon for the trouble, and wishing your lordship a good
journey, I am, my Lord,

Your Lordship's affectionat nephew and humble servant,


335. George first Earl of Cromartie to [The Honourable James
Erskine, Lord Justice- Clerk].^

19 August 1710.
My Lord, — Tho I have not a return to give to your lordship and the court,

^ Orisiual Letter in ]\Iar Charter-chest.


yett I assure yow that I did omit, no not on hour, to doe what did ly in me
to act in your service what I could ; but the present state of effairs, the heap
of busines whicli lyes evry day on lierr Majestie's tynie, the suddain change
in the treasury, and the new comission not haveing (as yett) a view of what
is to be directed, hath made a suddain dispatch unpracticable. I doe press
most the money, for the money matter I found by the Queen's direction to
whom I shold speak, and did give in your lordships letter, which was very plain
and full ; and, for invitation to read, I did likwise give in a short memoriall
both as to the money to the treasury, and of the proclamation to herr Majesty
and councell ; but the answer (I presume) will be given me next week, and
weell if so. But the money, I hope, will be ordered siciit ante. But, if the
proclamation weighd yet less then it doth, it most abide the course of the
roll ; so it will be unpracticable to have that proclamation for this circuit.
My lord, your brother did writ as to your station : wee cannot yet be positive
for what's fitt, but I hope wee will or Twesday ; so my humble opinion is that
yow should adjust ane exchange with any one of the Air district, but so as not
to determin till your lordship hear. I wish yow made less noise in futur
elections, but were more unanimous in what yow resolve. I presume your
lordships will know what rols or accusations are to come befor yow or yee goe
from Edinburgh, nay, or yow issue warrands for process or juries, albeit yow
were not tyed to give lists of juries and witneses or yee sign warrands to cite.
I have been out of town till it was late, els yow had better writ, if not ane
better subject. My lords, I am very sorry that I cannot serve yow better,
but none hath nor shall doe it with more affection then, rioht honorable

Your humble and obedient servant,



336. Heney Compton, Bishop of London, to [Geokge first Earl of


August 8, [circa 1710].

My good Lord, — Had my ill state of health not been my excuse, I should
never have forgiven myself not waiting upon you before I left the town ; which
I regret the more, because your gentleman tells me you go for North Brittain
this week.

Many of our friends with myself have often complained as well as
wonderd at the policy of encouraging our enemies and neglecting our friends.
I have and shall be very instant in my complaints, if I se no redress. Whilst
D[uke] Q[ueensberrie] was alive, I wondred at notliing ; but that there should
be no friend of your nation to have the courage to tell her Majestic the truth
now, is a great wonder to me. Certainly you ought, if you have not done it,
to discourse my lord treasurer freely about this. I shall serve Mr. Mackenzy
the best I can, as I am with the greatest respect, my Lord,

Your Lordship's most obedient humble servant,

H. London.

337. The Same to [The Same].

August 27, [circa 1710].
My Lord, — Had I found it to any purpose, you should have had my
acknowledgement of your last before this : but, alas ! what can I say ? All
can be said makes no more impression then upon a marble, unless our good
friend give way to it, whom I looke upon to be quite of another opinion ; so
that I take it for granted your estate will be torn to pieces by the expensive
chicaner[y] the law, or rather the lawyers, will engage them in. Besides, there
is such a sort of principles now set up among us, that, if pursued, will at


last ruine both churcli and state. jMy neerest relation is got into it so far
that it makes my heart bleed. But it is impossible to give you a clear and
full account of these affairs, till I have the happiness by word of mouth to
tell you that I am, my Lord,

Your Lordship's most obedient humble servant,

H, London.

338. John Steuakt, son of Sir Tho^lvs Steuaet of Balcaskie, to [Geoege
FIRST Earl of Ceomartie].

Lisbon, March the 19, 17if.
My Lord, — The continued trak of siknes I hav been haras'd with ever
since I came to this contry, has uncapacitat me of paying your lordship my
humble duty sooner. I was left heer behind the fleet in a high feavor,
wher I am afraid I may be long ear I hav aue oportunity of going after the
regiment to Barcelona. About thre weeks ear they saild, I deliverd your
lordship's letter to my lord Portmore. He said he had great regard to your
lordship's recomendation, and that he was sory our being designed for Spain
put it out of his pouer to doe for me. I told my lord that, if I wer not
afraid it wood be disagreable to add to the number of his dependents, I
wood prefer the honor of volontiring under him to the small post I had in
the army. But I found my lord did not inclin to that, by his saying, if I
was not well with my collonel, he wood speak to him in my favors. I
assured him the anctiety I had to serv under him did not a bit proceed
from my being ill circomstanced in the regiment. So, my lord, I find I hav
nothing to depend on but my rank in the regiment, which lord Mark (as most
collonels doe) overlooks sometimes to provid for a favorit domestik. All I
have for it is another Almanza, if your lordship does not find ane oportunity


nearer home of getting me what, in expecting, has ocasioned my being both
so troublesom and expensiv to your lordship. — I am, my Lord,

Your Lordship's most dutiful grandchild and devoted humble servant,

JoHX Steuart.

339. Kenneth third Lord Duffus to George first Earl of Cromartie.

Teusday morning. {Circa 1710.]

]\Iy dear Lord, — Nothing but the assurance of a tar cou'd be guilty of

this impudenence, and even that cou'd not perswad me, till necessity obliges

me, to beg your lordship's assistance by the loan of 5 guiny's more, and in a

very litle time I hope to repay it thankfully. I wou'd not [have] troubled

ray dear lord, but that I 'm not able to use this freedom with any other. And,

to be plain, it 's to pay my cook, who without it will not supply any further.

If you can do it by the bearer, my footman, it will oblige him who even

blushes to subscrive myself, tho' with a great dale of sincerity, I am,

Your Lordship's most affectionate and most dutyfuU nephew and humble


For the right honorable the Earle of Cromert}'.

340. George Lord Haddo, Son of George first Earl of Aberdeen, to

[The Same].

Kelly, 16th January 1711.
My dear Lord, — Till yesterday I did not receive the honor of your lord-
ship's letter of the 26th last past. It seems by some accident it has lyen
some time at Edinburgh. I returne your lordship a great many thanks for

SIR JOHN MA CLE AN E, 1711. 119

the trouble your lorclsliip is pleased to be at in haveing the goodness to
remember me so much as to bestow on me a share of your intelligence, which
your lordship may believe is very satisfieing to one that lives in so remote a
corner of the wordle, besides the particular pleasure that a letter from your
lordship affoords me in knowing by it that your lordship is in good health. I
regraite the subject of news in your last was no better. Xo doubt this is a
bussy time with yow, for I hear the parliament is taken up in great inquiries,
which no doubt will produce a great deale of fresh game and variety. My
father desires to offer youi' [lordship] his most kind and humble service. I

Online LibraryWilliam FraserThe earls of Cromartie; their kindred, country, and correspondence (Volume 2) → online text (page 13 of 56)