The perfewar declairis, that at the raifing of thir Letteris, informatioun was gevin to him that the perfonis aboue writtin, presentlie enterit vpone pannell, war culpable of the Slauchter aboue specifeit; and now, fenfyne, he is certanelie informet, that thai, nor nane of thame, war prefent at the committing thairof: In refpect quhairof, and that thai ar altogidder Innocent of the faid cryme, he paffis fimpliciter fra the perfute. Quhairvpoune the faidis perfones on pannell and thair prelocutouris afkit inftrumentis. [CURIA JUSTICIARIE, S. d. n. Regis, tenta in Pretorio de ST ANDROIS, decimo Marcij 1609, per Dominum Willielmum Hairt de Preftoun, Jufliciarium deputatum principalem.] The Erll of Dumbar,1 The Collectour, ASSESSOURIS. The Erll of Montroife,2 The Erll of Lowtheane, My Lord Previe Seill," Sir Robert Meluile of Murdocarny." My Lord of Wrychtislandis," Treason-Corresponding with the Pope, in the King's name. [THE history of (Sir James Elphinston) LORD BALMERINOCH'S TREASON has been so fully related by Spottiswood, Johnstone, Calderwood, Robertson, Laing, &c. and by Mr Wood, in his edition of Douglas's Peerage and History of the Parish of Cramond, that it only seems necessary for the Editor to supply the real facts, so far as they appear on the face of the Criminal Records; and further, by way of Appendix, to give a few authentic Letters, and other documents, which have been preserved. Whatever may have been the real or alleged participation of this eminent Lawyer and Statesman in this Treason, it seems clear, as Laing remarks, that if Balmerino deceived his master, it was neither with a criminal intention, nor to a treasonable extent. But his ruin was secretly projected by Spottiswood, Dunbar, and Cecil, his implacable enemies; and, according to his own Narrative, much address and many secret intrigues were employed to persuade him, by a more ample and explicit Declaration, to exculpate the King. His life and estate were secured by promises; his offices were to remain at the King's disposal; and, on these conditions, he acknowledged that the Letter was surreptitiously obtained, when James had refused to correspond with the Romish See.' Thus, in order that he might fully exonerate the King, this unfortunate Nobleman was led into the fatal snare, and confessed more than the truth; under the full expectation, doubtless, that not only would the Royal promise of sparing his life and fortune be observed, but that he would, after a short period of retirement from the Court, be reinstated in all his lucrative and honourable offices. It may be proper to remark, briefly, that SIR JAMES ELPHINSTON was the third son of Robert third Lord Elphinston. He was successively a Lord of Session (Lord Innernochtie), one of the Commissioners of the Treasury, called THE OCTAVIANS,' Secretary of State, and, Feb. 20, 1604, was 1 Sir George Home, Lord High Treasurer of Scotland, was created Baron Home of Berwick, Jul. 7, 1604, (English Peerage,) and Earl of Dunbar, in Scotland, 3 Jul. 1605. This celebrated person was also Chancellor of Exchequer, in England. The King employed him as the chief leader in the restoration of Episcopacy in Scotland, in the Parliament at Perth, Jul. 9, 1606; for which service, and for acting as High Commissioner to the General Assembly of the Church of Scotland, in a manner highly acceptable to the King, he was installed a Knight of the Garter, May 20, 1609, * John fourth Earl of Montrose, afterwards President of the Council, married Margaret, eldest daughter of William first Earl of Gowrie. It was this nobleman who fought the remarkable combat with Sir James Sandilands, 19 Jan. 1695, at the salt-tron of Edinburgh, as recorded by Birrel. See Diary, p. 34. 3 Robert second Earl of Lothian, who, when Master of Newbottle, had been Master of Requests to King James VI. Johnne Prestoune of Pennycuke.' 5 Sir John Skene of Curriehill. Sir Richard Cockburn of Clerkington. 7 Sir Lewis Craig, one of the Ordinary Lords of Session. • Mr 8 Sir Robert M. of Brint Iland' is named in Reg. created Lord Balmerinoch. In the same year he was nominated one of the Commissioners to treat for an Union with England; and on March 6, 1605, was appointed Lord President of the Court of Session. Notwithstanding of his holding, at the same time, the incompatible offices' of Lord President of the Court of Session and Secretary of State, (which, however, were in like manner enjoyed by his successor, Sir Thomas Hamilton, afterwards Earl of Haddington, &c.) yet he stemmed the secret and corrupt influence of Dunbar, on the bench, with a spirit that probably accelerated his fall."1 The sentence of death, as is well known, was not carried into execution. His Lordship was allowed' Free-ward' in Falkland, and within one mile around that place. Having endured this nominal restraint for a short time, he was permitted to retire to Balmerinoch, his own estate, where he lingered about three years, and at length died, of a broken heart, A.D. 1612. His son, John Lord Balmerinoch, was formally restored in blood, and to the dignity of the Peerage, by writ, under the Great Seal.2] Mar. 10.-JAMES LORD OF BALMIRRIENOCHE. Dilaitit of the treffonabill, fraudulent, and furreptitious procureing of ane LETTER, past be his Maiefteis hand, without his hienes knawledge, direct to Pope Clement the Aucht, in the zeir of God 1598, treffonabillie adding (eftir the subfcriptioun of the faid Letter) of the ftyles of SANCTITAS' and' FILIUS' to the faid Letter; and treffonabillie affixing his Maiefteis Signet thairto; committit in the yeir of God 1598, or thairby: And treffonabill affifting Sir Eduard Drummond, in his treffonabill trafficking, for the advancement of Papift courses, at the tyme forfaid. DITTAY against James Lord Balmerinoch. JAMES LORD Balmirrienoche, ye ar indytit and accufet of the crymes of Leafinaieftie and HeichTreffone following. Forfamekill as, 3e, being honouret and advancet be his Maieftie, nocht only to heich and eminent places in Seffioun and Counfall, bot alfo truftit with the office of Principall Secretarie to his hienes, quhairby ye war in dewtie bund, aboue all vthers, to haif bene moft cairfull of his Maiesteis honour and preferuatioune; nochtwithstanding quhairof, ye, preferring your awin vndewtifull and vnlawchfull privat refpectis, to his Maiefteis reputatioun and faftie, and being informet, in the yeir of God Im. Vc. fourfcoir auchtene yeiris, by your neir kynsman, Sir Eduard Drummond,3 [quhome ye knew to be ane profeffit Papist, maist ferventlie affected to the furtherance of all Papifche courses, and to haif bene ane Secretare to ane Cardinall at Rome, and thairfoir the vnfitter to haif bene maid chose of and truftit by yow, for wryting or playing the clerkis office to his Maiefteis Letteris directit that way,] that he come to this cuntrie, directit be the Bifchope of Vaizon, to deall for procureing of his Maiefteis Letteris of recommen 1 Laing's Hist. III. 57. 2 See REHABILITATIO, Reg. Mag. Sig. Lib. XLVIII. No. 152, dated August 4, 1613. Marjory, the second daughter of Alexander second Lord Elphinston, and paternal aunt of James, first Lord Balmerinoch, married Sir Robert Drummond of Carnock. Sir Edward was perhaps her son, and cousin german of Lord Balmerinoch. ↑ Robertson, in History of Scotland, and Wood, in Peerage of Scotland, call him Drummond; but he was William Chisholme, 2d of the name and surname, Bishop of Vaison, and paternal nephew of the 1st, who had, a short while after 1561, been, by Papal Brief, created Bishop of Dunblane; and on his finding it inexpedient to live in Scotland, he was appointed Bishop of Vaison; which situation he resigned, in favour of his nephew, when he became a Carthusian Friar of Grenoble. Both of these distinguished Churchmen were younger sons of the Cromlix family, Perthshire. Sir James Chisholme of Dundurn and Cromlix, who was concerned in the Popish Plot, in 1593, seems (Balfour's Annales, II. 29) to have been brother of the younger of the Bishops of Vaison. The Chisholmes of Cromlix had, above a century, been hereditary Baillies and Justiciaries of the Ecclesiastical Lordship of Dunblane, and had furnished three Bishops of Dunblane; James and William Chisholmes, brothers, and their nephew William Chisholme, the elder of the Bishops of Vaison above mentioned. William Chisholme tertius, was kinsman of Sir Edward Drummond and of Lord Balmerinoch, though in what degree is unknown.—The Editor is indebted to the industry and research of the Reverend Mr MacGregor-Stirling for the information contained in the preceding Note. That learned gentleman has collected much original matter relative to the See of Dunblane, which it is hoped he may, some time, be induced to lay before the public. VOL. II. 4 c datioun to Pope Clement the Aucht, for making the faid Bifchope ane Cardinall; being in grit hoip that his Maiefteis recommendatioun to the faid place wald be ane grit furtherance to that his expected promotioun: YE, nochttheles, nocht only treffonabillie affenting to the said motioun, bot moft willinglie and readelie taking vpone you to be ane affifter to him in that imployment, did dyuerfe tymes prease his Maieftie thairin, and did offer to his hienes the frame of fuche ane Letter as ye wald haif had figned, by his Maieftie, to the Pope; whome yow fand, nocht only vnwilling to wryte at all, bot abfolutelie to condampne the motioun for correfpondence with fuch ane perfone; who, alfweill in refpect of the irreconceillabill contrarietie betuix his Maieftie (in respect of his profeffioun in Religioun) and the Pope; as alfo, for that the faid Pope could nocht bot expect thofe tytillis and attributtis whiche his Maieftie, out of his confcience, could nocht yeild him, for any caufe quhatfoeuir: YE, neuertheles, nocht defifting frome your vndewtiefull inftance, replyit to his Maieftie, moft craftillie, 'that quhateuir fchew of discontentment his Maieftie vtterit against Puritanes, ye could perfaue nathing bot his Maieftie wald turne mair preceife nor any of thame!' Thairby, as it war, fpurring his Maieftie to inclyne to fuch ane politique course, which none bot foolische or preceife fottis wald refuis to imbrace : And nochtwithstanding of his Maiefteis oftin and flat denyallis, and refuifallis to harken to your motioune, ye nocht only defiftit nocht, (as ye aucht to haif done,) bot ftill refoluet to profecute your treffonabill intent: WHEARVPONE, ye confpyret with the said Eduard Drummond, vpon the meaynes how to diffaue and beguyle his Maieftie, in the procureing of fuche ane Letter, and did devyfe and caufe to be drawin vp fuche ane Letter, with the faid Sir Eduardis Drummond hand, as frome his Maieftie to the Pope, expreffing thairin thankis for the Pope's kyndnes and favour, in former tymes, [albeit ye knew in your confcience that his Maiestie nevir had any deilling with the Pope, nather had he euir expected, requyred, or reffauet ony kynd of fauour frome him,] fubioyning thairto ane recommendatioun of the Bifchope of Vaizon to be ane Cardinall; thairby to be the moir able to further him in all his effairis; [nochtwithstanding that your self, beft of all vtheris did vnderstand, by the most constant anfueris gevin, at all tymes, by his Maieftie, to your frequent and importune perfuafiones in that purpois, that his Maieftie wald neuir confent to haif any dealing or correspondence with him,] and quhat forder woirdis of compliment or fpecious promeiffis vpone his Maiefteis behalf yow did infert in that Letter, [as weill appeiris yow did] by thease wordis of that pamphelet of Tortus,' (quibus preter cætera) your felf beft knawis. AND for the better conveyance and paffage of this Letter by his Maiefteis hand, yow did contryue this courfe; ffirft, that it fould be schiftit in amangft dyuerfe vtheris Letteris to be figned; fecundlie, that the fame, with the reft, fould be prefented to his Maiestie, at fum tyme of his going out haistilie to the hunting, fo as, being on the suddane surprysed, he sould haif no lafour to obferue and perufe the Letteris; and, thridlie, that such woirdis of tytill and ftyle as ar vfuallie gevin to the Pope, fould be forborne to be fet doun in it, leist perhappis his Maiefteis eye lichting vpone ony of thame whilles he war figneing, he micht thairby tak occafioun to obferue that Lettre, and fo discouer your fraud; and convenient spaces being left for thame, thay fould efterwardis be accomodatit and infert: ACCORDING to quhich courfe, ye, abufing the truft repofit in yow be his Maieftie, ane day, in the moirning, quhen his Maiestie was going to hunting, in haist, eftir that ye had excufit your felff of cuming to truble his Maieftie with the figneing of any Lettres, att fo vnseasonabill ane hour, in refpect, as ye informit his Majestie, Sir Edward Drummondis ftay any langar in the countrey wald bot irritat the Ministeris, and breid occafioun of jealofie and fals and fcandolous bruites;2 1 This alludes to the reply by CARDINAL BELLARMINE, under the feigned signature of MATTHEUS TORTUS, to a book published by King James, anno 1607, under this Title, 'TRIPLICI NODO triplex cuneus, or an Apology for the Oath of Allegiance against two Brieves of POPE PAUL V., and the late LETTER of Cardinal Bellarmine to Blackwall the Arch-priest.' In this reply, the King is accused of having abandoned his former sentiments, in favour of the Roman Catholic Religion; and the Letter to Pope Clement VIII. is quoted, in proof, by his antagonists, who assert, that Lord Balmerino fell a victim to the King's crooked policy, and that that able and distinguished Nobleman had been induced, through his devoted attachment to his royal master, to criminate himself, in a matter wherein he was really innocent, having merely acted by the King's express instructions. * Reports. Fr, bruit. and thairfore, that ye wer forceit, att that tyme, to prefent his Dispatch to be fignet by his Maieftie, contening no thing, bot fum two or thrie Letteris, in Latine, to the Duikis of Florence, Savoy, and fuch vtheris, in the faid Bifchopes recommendatioun1: And thane, in place thairof, ye did present the faid Letter to the Pope, and vther thrie, to fa mony Cardinallis in Rome; and procureit the famin to be figned, in place of thais vther Letteris, quhich only feruit for youre cloik, in the convoy of that buffines: Qubilk being done, Sir Edward Drummond, by your directioun, did efterwardis add and infert the Popes tytillis and ftyles, boith in the beginning of the Letter and in the end thairof, betuix the Letter itt felff and his Maiefteis fubfcriptioun, as the word Sanctitas,' and the word ' Filius,' and fuch vtheris as ye thocht propper for the Letter to the Pope, (quhich verry twa wordis of 'Sanctitas' and • Filius,' his Maieftie had oftin before forewairnit yow, that he wald rather loife his lyffe than wryte any of thame to the Pope): AND, be your directioune, the Letter being clofet by ane of your feruandis,' his Maiefteis Signet (quhairof the keping wes committit to yow, be vertew of youre Office of Secretarie,) wes by yow, aganis the honour and dewtie of your place, truft, and credite repofit in yow be his Maieftie, moft vndewtifullie, falflie and treffonablie affixit to your faid forgeit Letter.3 BE occafioun qubairof, quhen his Maiestie cam efterwardis in queftioune, in the lait Quene of Ingland, of bliffit memorie, bir tyme, by meanis of hir Ambaffadoure, quho, in the 3eir of God Im.VI. yeiris, expoftulattit with his Maieftie concerning fuch ane Letter writtin by him to the Pope; ye than, being afkit thairof be his Maieftie, did vterlie deny thair wes any fuch mater: Lyke as, for juftificatioun of your denyall, ye fend Sir Edward Drummond, quho, att your defyre, being cum from beyond fea to this countrey, and being examinat thairof, did, att your perfwafioun, deny that he careit any fuch Letter to the Pope : As alfwa, quhen Sir Edward Drummond wes committit to waird for this caus, within the Caftell of Edinburgh, ye becam ane ernift fuiter to his Maieftie for his libbertie, and wes the meanis to obtene itt; quhairvpoun the faid Sir Edward being efterwardis to returne to Rome, ye delt erniftlie and inftantlie with him, to lawboure to recover agane the faid Letter to his handis, and to diftroy itt ; quhich he promefit to do, gif be any meanis he could: And ye lykewyfe gaif his Maieftie full and abfolute affureance, that that repoirt, quhairvpoune the faid lait Quene of fo wordie' memorie did expoftulat with his Maieftie, wes vterlie fals: And that nather his Maieftie had ewir writtin any Letter to the Pope, nor yet that Sir Edward Drummond had evir delyuerit any, in his Maiefteis name, to him: Quhilk ftrong denyall, to his Maieftie, of your and Sir Edward Drummondis giltynes in that mater, wes the occafioun that movit his Maieftie to grant to Sir Edward Drummond his libertie: And althocht that the conftant finceritie of his Maiefteis profeffioun in Religioun wes fo weill knawin to the warld, by his daylie word, writt, and praktife, as nather that lait Quene of happie memorie, nor the religious people of the Eftait of Ingland did any langer dout of his Maiefteis innocence in this caice, how fone thay had hard of his Maiefteis denyall thairof, (as he mycht moft juftlie haif done,) yit lay it nocht in your handis; bot, gif God had not movit thair heart to judge fo honorablie and juftlie of his Maieftie in this caice, the jealofie and mistrust of his Maiefteis finceritie in Religioun, being thus fpred, in both realmes, mycht haue reffauit fuch incres and grouth, as mycht haif hasardit thairby, alfweill the prefent fecuritie of his Maiefteis perfoun and eftait, att that tyme; as alfo, his Maiefteis happie attening to his juft clame and rycht, in Ingland: THE ground of all this calumny and fklander, and qubatfumewir fuch lyk hafardis mycht haif followit heirvpoun to his Maiefteis perfoun and estait, arryfing and having the only fundatioun by this your occafioun and treffonabill dealing, quhilk weill apperit by the consequent ; ffor how fone it pleafit God to call that Quene, of renownit remembrance, to his mercie, and his Maief 1 Had such a warm debate and altercation, as that before recited, taken place, is it to be conceived as at all likely, that a person of James's jealous disposition, would have signed such Dispatches and Recommendatory Letters, without first carefully perusing and scanning every phrase contained in them? Unquestionably the King would either have postponed his hunting, or, at least, would have desired the papers to await his return, when he could at leisure consider the import of such important documents. On the other hand, it must be admitted, that the Confession of Lord B. is unqualified, and apparently sincere, and is conceived in the strongest terms which language could devise. * Clerks to the Secretary of State. Dated at Holyroodhouse, Sep. 24, 1599. 4 Worthy. tie to the lauchfull poffeffioun of his rychteous inheritance, with moir perfyte ioy and vniuerfall applause of all his fubiectis, nor any vther Prince obtenit the poffeffioun of his prediceffouris Croun, his Maieftie, alfweill by his fincere profeffioun as by his actiounis and lawes, publeiffing to the warld his most conftant zeale to mantene and propagat the trew Religioune, and to fuppres Papistrie, and all contrarie profeffioun, the hoill Papiflis within this Ile, and speciallie, in his hienes Kingdome of Ingland, finding thairby thame felffis vterlie difapointit of thair former hoipes, foundit vpoun thais Letteris, quhairby thay promefit to thame felffis all libertie and tolleratioun of thair fuperftitioun, in his Maiefteis dominiounis ; and efteming, that his Maieftie, in nocht performing thairof, had delt wrongfullie and vniuftlie with thame, nocht only did Clark and Watfoun and thair complices, Preifts, and vtheris Papistis, in the fyrft yeir of his Maiefteis regime of Ingland, confpyre aganis his lyffe, pofteritie and eftait, bot also the incomparable CONSPIRACIE of the POWDER TRESSOUN (exceeding in malice and crewaltie all vther Treffounis, that evir wes attemptit, in any aige or countrey) wes devyfit and profequutit by ane damnit crew of merciles Papiftis, to the extreame danger of his Maiefteis most facred perfoun, his moft gratious Quene, thair Royall iffew and hoill body of that Eftait; for no vther quarrell, bot becaus thay thocht thame felffis wrongit by his Maieftie, for nocht accompleifching the hoipis gevin by thais Letteris to all Papiftis in his dominiounis: Lyke as, fenfyne, Cardinal Bellermine, or Matheus Tortus, his chaplain, and vtheris, moft impudent and infamous Popisch wryteris, haif, (fa far as in thame lay,) preiffit by thair fals, calumnious and leing lybellis, groundit vpoun your treffonabill Letteris foirfaidis, to fteinzie (sully, stain) his Maiefteis most pure, perfyte and vnspotted reputatioun. OFF the quhilkis treffonabill crymes aboue writtin, of furreptitious, fraudulent and fals fteling his Maiefteis hand to the faid Letter, without his Maiefteis knawledge, and contrarie to his Maiefteis declarit will, and treffonabill affixing of his Maiefteis Signet to the faid fals Letter, and affifting knawin profeffit Papittis, in thair treffonable courfis, to the danger of fubuerfioun of Religioun and overthrow of all trew profeffouris thairof; and drawing his Maiefteis lyff, eftait, Croun of this realm, with his rycht of fucceffioun to the Croun of Ingland in moft extreme perrell, and bringing moft fals and fcandalous imputatiounis to his Maieftie, both in poynt of honour and Religioune, ye ar airt and pairt: And the famin hes bene done and committit by yow, and vtheris in your name, of your caufing, command, affiftance and ratihabitioun. For the quhilkis treffonabill crymes foirfaidis, ye aucht and fould be pwneiffit, be fforfaltrie of your lyffe, landis, and guidis to his Maieftie; according to the Lawis and practik of this realme. THE faid James Lord Balmirrenoch, being inquyret be the Justice, gif he wald defyre the affiftance of any freindis or Aduocattis to be his preloquutouris, according to the benefite of the law and ordour of the Court, quhilk fould be obferuit to him? He anfuerit, that he had neuer fa grit neid of preloquutouris and (fa) grit neceffitie to fpeik; the caus being fic as concernis his lyffe, his eftait, and all that he poffeft; bot he said, he had gritar neceffitie to keip filence, his offence being fik as could admitt na excufe; and his greif and forrow, that he could haif fa far abufit the truft his moft gratious Souerane repofit in him, being fa grit, as he defyrit na thing mair, than his cryme may be notifeit to all men : And feing, na freind wes acquent with his fact, he defyrit nane to see the miferie thairof: And faid, he could defyre na Laweir to compeir and defend that fact, quhilk him selff had fa oft and juftlie condemnett; as no place wes left to him nor any vther, to vfe ony defence thairin: And thairfoir, his awin haert witnessing moir aganis him nor ony vther could fay, he defyrit all men to knaw his cryme to be als haynous as it is; and did erniftlie intreat all thais that wer prefent, and wiffit that all the warld mycht heir him, to declair two poyntis, |