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

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EXONERATION AND INDEMNITY OF 1704. 377



the date hereof : Therefore her Majesty, of her full, mature, and previous deliberation,
and her certaine knowledge and proper motive, has not only ratified and approven the
haill actions, administrations, conducts, and deeds of the said George Earle of Cromertie
in discharging the forsaid trusts and offices of Sherife of the shire of Cromerty, Justice
of the Peace, Lord of the Regality of Tarbat, heritable Bayly of the old Abbacy of Fern,
and Baron of Gainie, Baron of Delnie, heritable Bayly of the toun and brugh of Tayn,
one of the Lords of the Privie Council, one of the Lords of Exchequer, as a Member of
Parliament, or as Secretary of State, and of all other places, offices, and trusts committed
to him by her Majesty or her royal predecessors ; and further, her Majesty declares that
she is aboundantly and fully satisfied with the administration, carefulnes, zeal, fidelity,
and loyalty of the said George Earle of Cromertie in all the forsaid offices ; and her
Majesty does fully discharge him theranent, dispensing with the generality of these
presents, and admitting and declaring this present approbation and exoneration to be
as sufficient, as to all intents and purposes, as if whatsoever could be exprest were
herein specially insert ; but also for the said George Earle of Cromertie his security,
her Majesty, by virtue of her royal prerogative and privilege of her Crown, of her
certain knowledge and proper motive, has remitted, pardoned, indemnified, and exonered
the said George Earle of Cromertie, and his heirs, successors, executors, and representa-
tives, of all crimes, transgressions, faults, failings, and errors in his actions, and of all
omissions and commissions, sayings or speeches, and others whatsoever, done or acted
by him, how far soever the same may be extended, or whatsoever the same may infer
against him and his forsaids, their persons, lands, or possessions, and goods, moveable
and immoveable, of whatsoever nature, extent, or quality the said crimes be, even altho'
they extend, or may be extended, to the crimes of perduellion or treason : as also of all
other crimes, transgressions, or faults, [and] that he has harboured, assisted, and conversed
with rebells or fugitives, or that they were resett in his lands and estate and of his know-
ledge, concealing and not revealing of treason, and of all other crimes whatsoever which
can any ways be imputed to him, or may hereafter be imputed, against the laws, statutes,
custom, or constitution of the said kingdom, whether the said crimes or transgressions, of
whatsoever nature or quality, have been acted, said, or done, either in publick or private
capacities, within or without her Majesty's said antient kingdom of Scotland, and of all
action or prosecution, civil or criminal, which can be theranent moved, intented, or
prosecuted against the said George Earle of Cromertie vel ad vindictam pid>licain aid
privatam, or as to damnage or prejudice : Inhibiting hereby all her Majestie's judicatures,
and all her officers, that they presume not to molest, trouble, or prosecute the said George
VOL. II. 3 B



Earle of Cromertie and his forsaids in their persons, estates, or goods, for whatsoever
crimes, faults, or transgressions, failings, errors, speeches, or others whatsoever spoken,
acted, done, or performed by the said George Earle of Cromertie, or advised and under-
taken or omitted in the exercise and prosecution of the offices, trusts, and stations what-
soever entrusted to him by her Majesty or her royal predecessors at any time preceeding
the date of these presents, or for whatsoever other crimes, faults, or transgressions that
can be imputed to him as controveening the laws, constitutions, and customs of the said
kingdom, of whatsoever extent or quality the same be, even altho' they may be extended
to the crimes of perduellion and treason ; and this her Jlajesty commands under the
highest pains : And, moreover, her Majesty, of her certain knowledge, wills and declares
this present approbation and commendation of the administrations of the actions, cariage,
and deeds of the said George Earle of Cromertie, in exercing the forsaid trusts and
offices, to be noways prejudicial or derogatory to her Majestie's letters of remission and
indemnity in favors of the said Earle and his forsaids, but the same to stand good and
to be as eti'ectual to the said Earle and his forsaids as if the crimes, trespasses, and
transgressions which may arise by vertue of the premisses, with the haill circumstances
and aggravations, were herein particularly inserted : All which her Majesty, by these
presents, simply and absolutely, as to all effects, civil and criminal, altho' the same did
extend to the high and greatest crimes of treason, remits, forgives, exoners, and per-
petually indemnifies and frees him thereanent, and ordains and declares these present
letters of remission and indemnity to be as valide and effectual, and to have the same
strength and effect as if all the crimes wherof he can be accused were herin particularly
exprest and sett doun : And, lastly, her Majesty wills and ordains that this exoneration,
remission, grant, and indemnity, and haill words therof, be as favorably, fully, and
largely extended, understood, and explain'd in favors of the said George Earle of
Cromertie and his forsaids, in so far as can be thought and devised for the end and
intention forsaid, and to be so interpreted by all judges and ministers of the law •, And
her Majesty ordains these presents to be extended in most ample form, and to pass the
Great Seal fer saltum, without passing any other seal or register. Given at her
Majestie's Court at Kensington the 13th day of May 1704, and of her Majestie's reign
the 3d year.

May it please your Majesty, —

These contain your Majestie's warrant upon the considerations above mentioned, for a
letter to be made and past per saltum, under your Majesty's Great Seale of Scotland, in



NARRATIVE BY JOHX LORD MACLEOD, 1745-6.



379



fevour of George Earle of Cromertie, not only ratifying and approving the said Earle
his haill actions, administrations, conduct, and deeds in the discharge of the severall
trusts and oflBces above mentioned, wherein he has been imployed by your INIajesty or
your royall predecessors, but also for his further security, your Majesty has remitted,
pardon" d, and indemnified him and his heirs and successors of all crimes, transgressions,
faults, failings, and errors in his actions, and of all omissions and commissions, sayings,
speeches, or others whatsoever done or acted by him, whatever the same may infer
against him or his foresaids, their persons or estates, and of whatsoever nature or
quality these crimes be, even altho' they may be extended to the crimes of perduellion
or treason, and of all other crimes whatsoever which can any way be imputed to him,
whither the saids crimes have been acted in publick or privat capacities, and within or
without the said kingdom of Scotland : And your Majesty ordains this present exoneration
and indemnity to be as effectuall as if the crimes whereof the said Earle could be
accused were herein insert ; and that these presents be interpreted in the most favour-
able sens for his full exoneration in all time coming. Queensberey.



556. Narrative by John Lord Macleod, afterwards Count Cromartie in
Sweden, of the Insurrection in Scotland in the year 1745-6, from its
commencement till the operations by his Lordship in Sutherland and
Caithness.

The Court of Great Britain having sent a body of national troops, in the year 1742,
into the Austrian Netherlands, to support the Queen of Hungary, who, on the death of
her father, the Emperor Charles the 6, had been attack'd by several of the most
considerable Princes of Germany, who, supported by France, pretended to a part, or to
the whole, of the Austrian succession, had caus'd the said troops, together with a con-
siderable body of German auxiliaries in the pay of Great Britain, to march into the
empire the year following, to succour that Queen. This auxiliary army, commanded by
the King of Great Britain in person, gain'd the battle of Dedtingen over the French
army that was sent to oppose them. The Court of France, which saw very well that
a war with Great Britain was unavoidable, prevail'd on the Prince Charles Edward
Stuart to come to Paris, having given that Prince the strongest assurances of effectual
succours to enable him to make good his family's pretensions to the British Crowns, and
in case of the worst they promis'd the Prince a safe and honorable azile in France.
In the begining of the year 1744 the Court of Versailles order'd a large body of troops



380 NARRATIVE BY JOHN LORD MACLEOD, 1745-6.



to be embark' (1 at Dunkerk, with which they threatned to make a descent in England,
but efter these troops had continu'd for some time on board the transport ships they
were relanded. The French Court atributed this miscarriage to contrary winds, which
first hinder'd their troops from puting to sea at the proper time, and efterwards drove
their ships foul of each other ; but some people are of oppinion that the Court of France
never intended an invasion in favour of the Stuart family, but that their only design,
with all the noise they then made, was to alarm the Court of London, so as to make
them withdraw the British troops from the Austrian Netherlands, by which means they
hop'd to meet with less opposition in the measures they were then pursueing on the
Continent for humbling the House of Austria. The year following the French Court
prevail'd on the Prince Charles Edward to pass over to Scotland with only a few
attendants, having promis'd him that he shou d be soon follow'd by a considerable body
of troops. The Prince, who trusted to these promises, and relied likewise much on
the assistance of his friends in the country, resolv'd to try his fortime. He accordingly
embark'd on board a small fregate at St. Malo, which landed him, attended only by 6
persons, at Moidart, in the West Highlands of Scotland, about the last of July. He
immediately wrote letters to such of the Highland chieftans and other principal gentle-
men of the country as he thought were his friends, to acquaint them of his arrival and
to demand their assistance. At the same time he publish'd his father's Manifesto, his
own Declaration, and a Commission from his father to himself, appointing him Regent
of the three kingdoms during his absence. On the 30th of August he set up his
Standard, and having been join'd by Mr. Cameron of Lochiel, with his men, and by the
Macdonalds of Glengary, of Clanronnald, of Keppoch, and of Glenco, he march'd to the
hill of Corry-yarrick, which lies above Fort-Augustus, where he was resolv'd to wait
for the King's troops, which were then advancing against him. So soon as the Prince's
landing in Scotland was known at London, the Lords of the Regency, who, during the
King's absence in Hanover, had the management of the public affairs, sent orders to Sir
John Cope, at that time Commander-in-cheif in Scotland, to march, without loss of time,
with the troops he then had into the Highlands, to crush this insurrection before it
cou'd gather to a head. In pursuance of these orders, General Cope march'd to the
north, but when he came within ten or twelve miles of the hill of Corry-yarrick,
where the Highlanders were waiting to receive him, he chang'd his rout and march'd
to Inverness. Prince Charles, instead of pursueing his enemies to tlie north, resolv'd to
take advantage of their sudden retreat. He march'd immediately towards the south,
and having halted some days at Perth, he cross'd the river of Forth, and on the twenty-



XAEEATIVE BY JOHN LORD MACLEOD, 17^5-6. 381



eight day of September he took possession of the city of Edinbourgh. It is thought
that the Prince was favour'd on this occasion by Mr. Archibald Stuart, who was at
that time Lord Provost and Member of Parliament for the city. That gentleman was
efterwards committed prisoner to the Tower of London on that account, where he con-
tinued for some months, and was efterwards try'd for it, but he was aquitted. Sir
John Cope having halted a few days at Inverness, march'd to Aberdeen, where he
embark'd his troops on board the transport ships that were provided for them. He
landed with them at Dunbar about the same time that the Highlanders took possession
of Edenbourgh, General Cope having been join'd, on his arrival at Dunbar, by some
detachments of infantery from Berwick-upon-Tweed, and by two regiments of dragoons,
who had retir'd from Edenbourgh upon the approach of the Highlanders, advanc'd
towards Edenbourgh to dislodge the Highlanders. The Prince Charles having had intel-
ligence of this, resolv'd to meet his enemies half-way. For this purpose he march'd
from Edenbourgh with his army the first of October, and the same evening the two
armies came in sight of each other near Preston-Pans. By break of day next morning
the Highlanders attack'd their enemies, and in less than half an hour gain'd a compleat
victory. General Cope retir'd with the dragoons, whose loss was very inconsiderable,
as the Highland army had no cavalry to pursue them, but the infantery was quite
ruin'd, having been all kill'd, taken, or dispers'd ; on this occasion General Cope lost
likewise his camp, baggage, and artillery. Efter the battle was over, the Prince took
up his quarters at Piukey House, which belongs to the Marquis of Tweedale, and next
day he return'd with his army to Edenbourgh. Many people thought then, and are
still of the same oppinion, that if the Highland army had march'd directly from the
field of battle at Preston-Pans into England, that they wou'd have been join'd by vast
numbers of the Jacobites in that kingdom, and that they wou'd have gote to London
without opposition. Those who are of this sentiment found their oppinion on this, that
the defeat at Preston-Pans threw the Court of London into great consternation, and
that there was not at that time a sufiicient number of troops in England to oppose a
victorious army conducted by a young Prince who had many friends in every town and
every province of the kingdom. Whatever may be in this, it seems that Prince Charles
and his Council were not at that time of this mind, for the Prince remain'd at Eden-
bourgh about six weeks efter the battle, as well to be join'd by those who had already
declar'd for him as in hopes that his victory wou'd engage many others to follow the
same example. During that time the British forces were brought over from the Low
Countries to England, and many noblemen set up regiments for the service of the



382 NABRATIVE BY JOHN LORD MACLEOD, 1745-6.



Government. The Dutch likewise sent over the six thousand men with which they
are oblig'd by treaty to assist the King of Great Britain when attack'd in his British
dominions, but their High Mightynesses were afterwards oblig'd to recall their troops
for the reasons I shall efterwards give. The Highland army march'd at last from
Edenbourgh, about tlie 12 of November ; they were a little above 5000 men strong.
In a few days they enter'd England, and laid siege to Carlisle, which they took in a
short time. The Governour demanded at first to retire with the garrison into the castle,
on which condition he offer'd to deliver up the town ; but the Prince caus'd it to be
declar'd to him that he wou'd not accept of the town unless the castle was deliver'd up
at the same time, with which the Governour was at last oblig'd to comply. So soon
as Felt-Marechal Wade, who was with his army at Newcastle-upon-Tine. hear'd that
Carlisle was attackt, he march'd to raise the siege, but having hear'd on his march that
the place was taken, he return'd with his army to Newcastle, which place, it is said, he
had orders at all events to take care of, upon account of its great importance to London
and to the whole kingdom, by reason of the coal trade. From Carlisle Prince Charles
continu'd his march by the way of Lancaster, Preston, etc., to Manchester, where he
was join'd by some gentlemen, who rais'd a regiment of foot for his service ; from
Manchester he continu'd his rout to Derby. The Prince had then penetrated into the
heart of England ; but finding that there was no rising in that kingdom in his favour,
he resolv'd to return to Scotland, where he knew that a considerable body of High-
landers and other troops of that nation were assembled at Perth and in Aberdeenshire
ready to join him. He likewise receiv'd intelligence about the same time that a body
of French troops, with a great train of artillery, were landed in Scotland for his service,
and these troops were represented to him to be much more numerous than they realy
were. These considerations determin'd the Prince and his Council for a retreat, as they
thought that the number of troops that they then had witli them was too inconsiderable
to attempt marching to London ; but that efter having join'd the army that was in
Scotland, they wou'd be able to prosecute the war with more vigour than ever. The
retreat was conducted with very good order and with little loss. The Duke of Cumber-
land having attack'd the rear-guard, commanded by Lord George Murray, with a large
body of dragoons, on Clifton Muir, near Penrith, was repuls'd with loss ; and this was
the only attack that was made on the Highland army during the whole retreat. Soon
efter this the army arriv'd at Carlisle, where they remain'd but one night ; the Prince
left a garrison here, and then, continueing his march, he cross'd the river of Esk with
his army, and re-enter'd Scotland the last day of December, which was his birth-day.



NARRATIVE BY JOHN LORD MACLEOD. 1745-6.



383



In a few days the Prince arriv'd at Glasgow, where he resolv'd to continue fur some
days to give his army time to rest efter the great fatigues which they had sutfer'd in
their expedition to England in so bad a season of the year. Immediately efter the
Highland army was march'd from Carlisle, the Duke of Cumberland besieg'd that place,
which he took in a few days, having oblig'd the garrison to surrender prisoners at
discretion. His R. H. then return'd to London. Having given some account of the
Prince's expedition to England, I shall now return to our affairs in Scotland. A few
days before my arrival at Perth, a body of the Mackintoshes and Farquersons came to
that place to join the Prince. Their arrival gave great pleasure to Lord Strathallan,
who stood very much in need of their assistance, for the night before they came some
of the people of the town had endeavour'd to force the town-house, in which the arms
and ammunition were kept, and for the defence of which Lord Strathallan had only a
few olficers, with their servants. The mob was repuls'd in that attempt, and the arrival
of the troops disconcerted any design they might have had of renewing the attack. I
had not beea many days at Perth before we had a hot allarm. Immediately after the
Prince Charles was march'd with his army from Edenbourgh two regiments of dragoons
and two regiments of foot march'd from Berwick to that city and from that to Sterling.
Lord Strathallan receiv'd advice that these troops were to attack us at Perth at the
same time that they design'd to send a detachment to rescue the soldiers of the King's
army who had been taken prisoners at the battle of Prestonpans, and who were confin'd
some where in the country of AthoU. The very evening, or the evening after, we
receiv'd this intelligence, a great noise was hear'd in the country about with blowing of
horns and the like. This we took to be the enemy, and that they were endeavouring
to raise the country people against us, which we thought was the more probable, as
most of the people in that nighbourhood wou'd have willingly contributed all in their
power to our destruction, on which the troops were immediately assembled, strong
guards were plac'd at all the gates, and the rest of the troops had their posts assign'd
them in the different streets, to be ready to act where occasion might require. Patrulls
were then sent out to discover what cou'd be the cause of the noise. It was found
to be made by a number of boors, who, returning from their work, blew their horns
either to gather together their cattle in the woods, or perhaps to divert themselves.
General Blakney, who commanded the King's troops at Sterlin, did not attempt to
distourb us ; and if he had, he probably wou'd have been beat, for we were at least so
strong as he was ; for besides the Mackintoshes, Farquersons, and my father's regi-
ment, a large body of the Macdonalds of Glengary, of Clanronnald, and of Glenco,



384 NARRATIVE BY JOHN LORD MACLEOD, 1745-6.



together with a battalion of the Camerons, aud likewise Barisdale's regiment, were
arriv'd by this time at Perth. The Frasers begaae, too, to come up about that time,
tho' not in a body, but by companies. Llr. Simon Fraser, Lord Lovat's son, did not
come up to Perth till some weeks latter, and after I was gone from thence. Soon efter
this we receiv'd a piece of news which gave us all the greatest joy, as we look'd then
on our affairs to be in the most flourishing condition in the world. This news was, that
Lord John Drummond was landed at Montrose with a large body of French troops, which
we were at first told amounted to some thousands of men. The truth of the matter is,
that Lord Drummond was sent from France with his own regiment, and with a piquet
of 50 men from each of the six Irish foot regiments in that service ; and as part of
these troops were taken in their passage by the British cruisers, the whole of this
formidable army amounted to about seven or eight hundred men. It is true they had
a good number of battering cannon with them, but in the hurry of their embarkation
they forgote to bring over any mortars, bombs, or engeneers along with them. There
was indeed two officers who came over with the troops who pass'd for engeneers, but
the one of them was always drunk, and the other was a boy just come from the
college ; and this last circumstance appear'd even then very singular to many people,
as it is very well known to all the world that there is no nation on earth so well
provided with able engeneers as the French nation is. But perhaps too rapid success to
the Prince Charles's arms wou'd have been so dissagreable to the Court of France as to
the Court of London, perhaps more dissagreable to them than a defeat of their army
in the Low Countries, for the politicks of the Court of France may make it advantagious
for them at all times to have a pretender to the Crown of Great Britain ; and they
might perhaps think that if the Stuart family shou'd be restor'd to the throne of Great
Britain, that that family wou'd not fail to enter into the views of the nation ever
gealous of France, whose ambitious views they wou'd then be more able to oppose when
dissengag'd from any connections on the Continent, which they never can be so long as
the Princes of the Hanoverian family swey the British scepter, because the march of a
French army into Westphalia cannot fail in that case, having always a great influence
on the Councils of the Court of London. About the same time that the French troops
landed at Montrose, I had a very singular visit at Perth, and which very much surpris'd
me. This visit was from the Lady Stonebyres, my grand-aunt on the mother's side.
This lady, who was a zealous Whig, was very sorry to hear that I was engag'd in the
Prince Charles's service, and as she knew that I had formerly been of a diff'erent way of
thinking, she probably thought that I had follow'd my father more from a principle of



filial duty than from auy other consideration. This consideration engag'd her to come
to Perth, perhaps likewise at the desire of my other friends at Edenbourgh, to endeavour
to perswade me to leave that place and to retire to Edenbourgh. She told me that my
being engag'd in the rebellion gave all my friends the greatest uneasiness; but that if I
wou'd come to them, that they wou'd obtain me my own conditions from the Govern-
ment. My grand-aunt promis'd me, I beleive, more than she had authority for, or than
she was in a condition to perform. I am, however, very much oblig'd to her inten-
tions, which she certainly meant for my best, tho' I did not think proper at that time
to follow her advice. I complain'd bitterly to her of the bad usage I had receiv'd from
the Government, which had in a manner forc'd me into the Rebellion ; but I told her
at the same time, that as I w^as now engag'd in a different interest, that no consideration