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tare Sir James Elphanstone, Prefident of the Colledge of Juftice, came to Berwick, accompanied by the Englishe Guard and fome of the Earle of Dumbars fervants. He was received be the Captain of the Scotifh Guard, Sir David Murrey Lord Skoone, latelie Comptroller, accompanied with the Scotifh Guard and fome of his friends; and was convoyed to waird to Falkland. The manner of his parting from London to this countrie he has fett doun himself, as hear followeth, continuing his former relatione.']

ORDER hearafter being taken about my returning, my Lord Dumbar fent James Bailie to fhew me, that there was fome of the Guard, onlie for a fhew, appointed to attend me; defireing I would not take it in evill part. They would ride with their coats till they were paft Roystoun, where his Ma. was; and from that, as other privat fervants. He fent me word divers times that he would meet with me; but whill' the Earle of Wigtoune and the Bishops were gone, he could not, for fufpicione. So the verie day they parted, in the morning at ten hours, his lo. came to my house, although I had offered to make the travell; but, because I was under commandement, it could not be. All this tyme I was attended to be two of his Gentlemen, who used me verie kindlie. The one was Alexander Auchinmowtie, brother to John Auchinmowtie; the other, James Carmichaell, fone to Watt Carmichaell of the Park; to whome I wifhe my friends or to anie of theirs to be thankfull. At our meeting, I renewed to him what had paft betwixt my Lord Burlie and me, my particular offers, for affurance of his Lordship's friendship, what I did expect mutuallie of him, as the Lord Burlie had promiffed in his name. All which he was weill pleased with, and how foone my trouble was ended, which should be upon his coming in the countrie, he would enter in the due performance of every particular, and would establish fuch an allyance with me as fhould not be discovered. I complained that my waird3 was altered, because he had promised that I thould remaine in the Caftle of St Andrewes: He excufed the estate of the house, and that he had as great credit in Falkland as in St Andrewes. Nixt, that the Lord Skoones Warrant was so ftrait: His answer was, that that was onlie done for the fashione; that the Bishops and Sir Alexander Hay procured it; but he would defire the Lord Skoon, by James Bailie, to use me well. He defired me to keepe all fecret; and, as he was a Chriftian, every thing fhould (be) performed with no less care than I were his own brother, or his tuo daughters. He willed me not to be fufpicious of any his actions, because it behoved him to follow the King's honour, please the Bithops and others that were my unfriends, in outward fhewes, that he might the more eafilie worke my turne to my contentment. I think that he entered in a speciall friendship with my Lady Drummond, and gave her that affurance of my life, eftate, (and) Ropars office that he gave to the Lord Burlie.

Being come to Falkland to my waird, and more hardlie used nor I did expect, I directed to Court my coufin Pitlowre to put the Earl of Dumbar in memorie. My worthie friend the Lord Burlie tooke the pains likewise to go there, to make all former conditions fure; and, as I was informed, his Ma. directed no further, but that, in a Justice Court to be holden at St Andrewes, (for I defired it should not be in Edinburgh,) I should become in Will, and his Ma. to declare his Will, at his pleasure. But when my Lord of Dumbar came to Edinburgh, and found that Sir William Hart (who had gotten a promife of my place in Seffione) to putt me to ane Affife, and my Lord Collector1 to be Affeffor, and a number of Affife that would convicte me upon my own Confeffione, which is more than to gett me in Will. The Earle of Dumbar having advised with the Bishops, durft leave nothing undone of extremitie against me; and the Collector, being more circumfpect nor the reft of his fellows, and moft defireous to have me fure, refolved the Earll, that none of my Depofitiones made in England would serve against me, except I ratified them here. Whereupon, the coming of the Counfell to Falkland was appointed; and although I had been verie careleffe of the mater, because I was certified that there was no more ado but to take me, judiciallie, in Will; yett, knowing of their coming to Falkland, I 1 Until. 2 Viz. in case the Earl and Bishop should suspect collusion between the Chancellor and Balmerino. Place of confinement. 4 Mr John Prestoun of Pennycuik.

imagined at firft the caufe of it, and was refolved to have paft from everie point of thefe Depofitions, except onlie the naiked veritie of the deid, wherupone no crime could follow; for most lawfullie I could have come against my Depofitione, because it was made extrajudiciallie. And, in cafe they would make the Counfell of England a judicatour, firft, it was fubfcribed, not before the Counfell, but in the Earle of Salisburie's cabinet, before fo many of the Counsell as are before mentioned; nixt, the Counsell of England could be no Judges competent to me, likeas I had lawfullie declinned them of before; farther, it was made upon the conditione above mentioned, which I would have referred absolutlie to the Earl of Dumbar's oath; laft, it was revocable, as made for fear of my life, or perpetuall imprisonment in the Towre. If they would have made my Dittay Treafone, because it is fo called in my Depofitiones, the calling of a deed Treafone, non mutat naturam facti; as if I would confeffe I had tratorouslie confpired to kill one of the King's bucks, would not convict me of Treafone; or that I had treasonablie broken waird, being committed for fourtie pound of civill debt; fo, the procuring of a common Letter of Recommendatione, containing no Treafone, prejudice to the King, nor Eftate, could never be Treafone. And whear as, it was affirmed to tuiche the Princes honour, the King did never refufe to acknowledge the Pope as a Catholick Prince, to whom he acknowledged himself bound; and fo it was no difhonour to him to writte to him, feing the greatest Princes in Europe doe it ordinarlie, both of the Reformed Religione and others. That that Letter was prejudiciall to his Ma., his Religione, countrie and Estate, it could never be verified; for, except my own Depofitione, (revocked, as I have faid,) there could be no other verificatione, either by writte or witneffes; fo no honeft Judge or Affeffor that had either confcience or honour could have sustained such a Dittay. And if they would have made it Crimen Falfi, out of the Lawes of the Majeftie, (Reg. Maj.) I would have denied that my life could have been judged be the Majeftie; more then ane hundreth kyne may be fatisfactione for the King's Murther, which the Majeftie calles killing. I remember, Mr Thomas Craige answered to generaliter verum, generaliter falfum, in a civill mater, quibus cafibus tenetur hæres præftare factum paternum, which is leffe nor my life. Laftlie, that word, Charta domini Regis, is not to be understood of a privat Miffive, wherby the King or a partie is not prejudged; but a Charter, or evidence, wherby either the King or fubject may loffe his right. If they would have made it out of the Decretals, cap. 5, de Judiciis, albeit it fay, non effe immunem a Crimine Falfi, yett, according to all the Doctors, it most be understood to be scriptura damnofa et fraudulenta, for omne Crimen Falfi is not capitall, ubi neque est damnum, neque effe potuit, but onlie to be punifhable arbitrio Judicis, pro ratione rei et perfonarum. And this is the cleare refolutione of Julius Clarus and all the Doctors; fo that albeit I had never confulted anie Advocat, nor had never any bookes to ftudie the mater, yett the light of reafone was fo cleare, as no Judge but Sir William Hart, whom I might have lawfullie declinned, would have fuftained fuch a lybell.

The Earle of Dumbar, fearing I should alter, upon this new alteratione fent the Lord Burlie unto me; who, as he dealt ever honourable with me, fo I was plaine with him, that I would not stand to my Depofitiones made in England, and that I would challange the Earle, upon his oath, of the conditione made unto me at the fubfcribing therof. There was great interceffione made that I would have a regarde to the Earle of Dumbar's credit, and the advantage both my publick enemies and his fecreit ill-willers would make, if that turne were not done to his Mas contentment; and that, however I might refift his Ma. at this time, wherof the event, in respect of the honeft difpofitione of the Judge and principall Affeffor was uncertaine, yett I would be keeped in continuall prifone; and, feing the Earl of Dumbar was willing to secure all things promissed before, a sentence of Conviction was no more hurtfull to me nor either a coming in Will, nor in entering in a conteftatione with the King, having fo great enemies both at Court and at home. In end, upone promiffes renewed, and my defire of quietnesse, and that my enemies fhould acquire no more credit be my troubles, and conditiones paft betuixt the Earle of Dumbar and me to ftand fore, I was Content to abide at my former Depofitiones.

So the Earle of Dumbar, in prefence of the Lords of Skoone and Burlie, both after particular affurance and folemne oathe to my self, renewed what he had promised before, anent my life and estate, and that he knew perfectlie it was never his Mas minde to (take) my life.

Nixt followed my Conviction at St Andrewes, wherin I was the onlie actor my self, to give his Ma. fatisfactione; following, in every point, the Lord of Dumbar's directione, brought to me either by the Lord Burlie or the Lord Skoone.

A COPIE of the SPEECH I had at St Andrewes, at the time of my Convictione.

THERE is none of your Lordfchips but understand sufficientlie that if I would stand contentiouslie to my Defences, no Depofitione, made by me in England, could prejudge me in any Tryall Criminall I was to fuftaine; nevertheleffe, as in all this actione, from the beginning, I have preferred the truth of his Mas innocencie to the prefervatione of my life and estate,1 so I am so farre from retreating what I have faid there, before that noble and moft grave Counsell; that if, in more cleare termes, I could aggravat the juft defert of my own haynous offence, and make his Mas undefiled finceritie and innocencie knowne to all the world, I would moft willinglie doe the fame. I were not worthie life, if my life, that hes had no happineffe but under the glances of his benignitie, I fhould labour to be preserved, with the smallest imputatioune that might staine his Mas honour. No man knoweth better his Ma naturall clemencie, and how unwillinglie his Ma. is forced with this severitie to prosecute the truth of this callumnious imputatione; which, by my abuse of his truft, is drawen upon his most innocent Ma. Therfor, I ratifie whatsoever I have formerly depouned; and, if no otherwise his Mas honour may be fufficiently exonered, I willinglie offer my blood and poore estate to expiat my offence; and to teach others, by my exampill, to goe no farther in thair master's fervice then they have sufficient Warrant. BUT immediatlie after the Ratificatioune of my Depofitiouns, in Falkland, the Earle of Dumbar fent my Lord Burlie to Court, to fhew his Ma. what fatisfactione I had given, to procure me all the favour he could, and to hold my friends there buffie. Likeas, the Earle concluded, that immediatlie after my Convictione, my brothers fone should goe poft to Court, for my Remiffioune; and that the Lord Burlie should stay his coming, and concurre with him to that effect. And albeit it was promised to me, by my Lord Burlie, in the Earle of Dumbar's name, that Ropar's Reversione should be safe to me, yett the said Earle, fearing Sir Robert Ker's credit,2 made me to yield to paffe that to him, which was the beft hope I had of relief of my great debt, and help of my children. So as I have in all this, from the beginning, allutterlie repofed upon the Earle of Dumbar; and, by his onlie meanes, am brought in this mifery, out of the which, if, according to his manie promiffes, he releave me, I and all mine are the

It may be proper here to notice, that Lord Balmerinoch, besides his numerous Offices, was possessed of very extensive landed estates, such as the baronies of Balmerinoch, Barnton, Barrie, Ballumby, Innerpeffer, Dingwall, Balgregie and Restalrig, &c. By his first wife, Sarah, daughter of Sir John Menteith of Kerse, he had (1.) John, afterwards second Lord Balmerinoch. And by his second wife, Marjory, daughter of Hugh Maxwell of Tealing, he had (2.) James, who was created Lord Couper. (3.) Anne, married to Andrew, first Lord Frazer; and (4.) Mary, married to John Hamilton of Blair.-See Wood's Peerage, &c. The corrupt favourite, Sir Robert Kerr or Carr,

who attended King James to England, and was invested with the Order of the Bath at his Coronation, for a long period had unlimited sway at Court, and had the absolute disposal of all the Royal favours. He was successively created Gentleman of the Bedchamber, Lord High Treasurer of Scotland, 1611; Viscount Rochester, Mar. 25, 1612; Knight of the Garter, May, 1612; Earl of Somerset and Baron of Brancepeth, Nov. 3, 1613; Chamberlain of the Household; and sworn a Privy Councillor, the same year. The character of this infamous person, his shameless marriage to the divorced Countess of Essex, the murder of Sir Thomas Overbury, for which he and his Countess were convicted, May 24, 1616, (see Howell's State Trials, II. pp. 951 to 1022); their subsequent release from the Tower, Jan. 1621-2; and their pardon by the King, under the Great Seal, Oct. 7, 1624, in the face of his Majesty's solemn and awful imprecation, in reference to the murderers of Overbury, that' IF I SPARE ANY THAT ARE GUILTY, GOD'S CURSE LIGHT ON ME AND MY POSTERITY FOR EVER!" All the circumstances of his life are so well known, that it is only necessary to recall these few leading points to the reader's memory. He died in London, and was buried in

the Church of St. Paul's, Covent-Garden, Jul. 17, 1645. It may be interesting to refer to the numerous Memoirs and Histories relating to this remarkable period, in illustration of the above remarks. In particular, reference may be made to Lord Bacon's Works, I. 87, also to his Correspondence, and to Weldon's Court of K. James, p. 99, &c., for the almost incredible dissimulation practised by James on his parting with Somerset at Royston, when his fate was for ever sealed, and when he had determined that he should see his face no more for ever.'

more bound to him; otherwife, there is a God in Heaven will have regard to his dealling; and, either here or hence, he will fuffer for it! The vile and deteftable ingratitude of Sir Alexander Hay, I am fure, the Lord will not fuffer unpunifhed! As for others of our Natione, who have little regarde wherefore I fuffer at Englishmen's hands, God forgive them! The day will come, that they and theirs will weepe for it! I pray God bleffe his Ma.; and that his undeferved rigour againft me (who, I am fure, is perfwaded, in his heart, I never thought ane undutifull thought against him, his Crown, countrie, nor eftate,) be not layed to his charge, in that great day, when his crown and fcepter will be layed at his feet, and he must yeild a reckning of his ftewardship! And, fo may I be judged, if I had anie other course, in all that or anie other service that ever I was putt in truft of be his Ma., but his Ma3 weale and honour, and the libertie and good of my countrie, which is miferable, comming in a vile fervitude; the forefight wherof is all my wracke!

This the naiked truth of all this mater, written in fuch hafte, and at fuch occafiones as I could, in refpect of my ftrait keeping; and whatever, for his Mas fatisfactione, I have written or faid upone the falfe promiffes and traterous intyfements of those whom I trufted, different from this my cleare and true Depofitione, as God is my witneffe, it is falfe! FALKLAND, the 10 of May, 1609.

BALMERINOCH.

VIII. CALDERWOOD'S ACCOUNT' of Lord Balmerinoch's conduct, from the period of his Conviction to his Death.

WHEN he was brought from Falkland to Leith, after his Convictione at St Andrewes, and was received be the toun of Edinburgh, in their armour; when he came to Leith-Winde foote, or the Nether-bow-Port, he was commanded to light off his horse, for they receave no ryding prifoners. He excused himself with the infirmitie of the goute in his feete; and willed them to fhew him that much courtefie, as to fuffer him to ride foreward. One of the toun, standing hard befide, anfwered Pamfara, tantara !2 my Lord! Now, when fome directed from the Counfell of Edinburgh, long before his fall, requeisted him not to mainteane one of his dependers against them, in ane actione they had against him, for they could be more ftedible3 to him then that man, he answered Pamfara, tantara ! This taunt is now repeated to him with a taunt, and he was forced to light off his horfe. Thirdlie, Its to be observed, that the Doome being delayed, after his convictione at St Andrewes, till his Ma farther pleasure were knowne, in the tolbooth of Edinburgh upon the firft of March, in prefence of the Juftice and the Lords of Counfell, after reading of his Convictione, that he fhould be beheaded, quartered, and demeaned like a tratour, and his members to be fett upon the Ports, and cheif touns, yett he appeared to have fome good hope of releef. He would have spoken fomething, but could not utter his minde: The Earle of Dumbar commanded to remove him incontinent! After dinner, he was convoyed to Leith-Winde-foote, and delivered to the Shireff of the fhire; but manie wondred wherefore he was fuffered, when he went out of Edinburgh, to carie his fword about him. It was thought strange that such a thing should be suffered in a condemned tratour. Some thought, therefore, there was no danger; others thought he was caried to Falkland, that he might fuffer there, where the fault was committed, and died after in difpleafure, fearing ever the worst. Fourtlie, it is to be obferved,

2 An exclamation in some measure equivalent

1 See Cald. Church Hist. MS. Adv. Library, VII. 283. to Nonsense! Humbug ! &c. expressive of contemptuous incredulity and derision; and applied by those who have a bombastic or high-sounding parade of empty words addressed to them, which, like the idle flourish of a trumpet, seem calculated to convey no meaning. Perhaps this contemptuous expression took its rise from the remarkably alliterative and playful line of Old Ennius, a rough soldier, who sacrificed rather liberally to Bacchus, and who wrote his heroics best when under the influence of the rosy God. Many of his verses smell strongly of the goblet! TUM TUBA TERRIBILEI SONITU TARATANTARA DIXIT!'

The words tantafera, tantaferata, are still used in Italy to signify nonsense, &c.; and the French also familiarly use tarare! and tarare-pon-pon! pour marquer qu'on se moque de ce qu'on entend dire-ou qu'on ne le croit pas,' &c. Dict. de l'Acad. Fran. 1813. This reproachful retort, and the taunt of the Edinburgh citizen, must have stung the fallen courtier to the quick.

VOL. II.

3

* Be of more service to him; stand him in better stead.

4 G

that about the same time, the King's reply to Mathæus Tortus, with a monitorie preface to the Emperour and all Chriftian Princes come furth in print, no mentione was made in that booke of Sir James Elphinstoune's Confeffione or Depofitions; which might have ferved to great ufe, to have purged him of Tortus his imputations. Yea, when he was in England, and had come in the King's will, the King could not be content till he fubfcribed his Depofitions, as Dumbar affured him; because the not fubfcribing hindred the progreffe of the Kings Anfwere to Tortus booke, quhairof his Depofitione behoved to be a part. He therefore fett too his hand, in prefence of fome Noblemen and others, as yee may fee in his own Relatione. Because the Depofitiones were ommitted in the Anfwere to Mathæus Tortus, and upon other confiderations, manie doubted of the finceritie of this proceeding against him; and suspected, that he had taken upon him the crime to currie the Kings favour, he keeping his credit. Mr Andrewes, indeed, in a Letter written the 23 of March to his Nephew Mr James, fetteth down his opinioun in these words. De judicio quid ego fentiam uno verbo accipe; inglorie fuit, est et erit, ut ego præfentio, contra nos vero feria omnia et ferio—nefcit regnare qui nefcit diffimulare.1 Since heart is free, &c. Fiftlie, it is to be observed that Bishops, notwithstanding of his paines and dilligence taken at Linlithgow, and the manie Proclamations penned be him, spytfull enewgh against the Minifters, they prove now at this tyme his great enemies, and none fo bufie to feeke his overthrow! It may be, the fmall countenance he kythed, in Counfell, in favour of Mr John Murrey, or the like occafions, have given them occafione to feeke his removell out of the way; that another Statsman, more foreward for their course, may be placed in his roome. But then we may fee the deep malice and hatred of afpiring Prelats, that seek the overthrow of all that stand in their way! .

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About the beginning of October (1609), there came a Warrant from the King to give libertie to the Prefident to have free ward in Falkland and a myle about; he finding cautione not to escape, under the paine of Fourtie Thousand pounds.

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Mr James Elphingftone, Lord of Balmerinoch, and latly Secretary, ended his dayes, about the end of May (1612).

IX. LETTER from THE KING to THE PRIVY COUNCIL OF SCOTLAND, informing them of the Examination and Confeffion of the Lord Balmerinoch.3 RICHT truftie and weilbeloveit cofines and counfallouris, We greatt 30w weell. TYME, the moder of trewth, haveing now difcovered and brocht to lycht that long obfcureid and moift heynous offence and cryme committed be the Lord of Balmerinoch aganes our honour, credeitt, and reputatioune, and which now by his cleir Confeffioune is manifeft to all the world, and We thairby purgeit of thoife moift wniuft and wrangous imputationes, quhilkis We did wnderly, by his foull abuse of that truft we had in him; quhairof boith We and all our fubiectis have no fmall caus to thank God; fince the careage of the actioun, in the difcoverie of it, may juftlie be faid to have bene done by Godis awin finger! And as We have hithertillis fpaired to acquent 30w particularlie, with the hole circumstances of his Confeffioune and Examinatioune, vntill fuch tyme as the fame wes here finiffched; fo, by the rycht reverent Fader in God and our rycht truftie counfallour the Archbishope of Glasgow, (quho wes ane eie witnes and heirar of the fame, and now is returning thither,) 30w may be at lenth informed of the fame. Bot, becaus the Devill wants his awin fuppoiftis reddie to mak falfe fubgeftiounes, in preaffing, by mifconftruing of thingis, to harme the trewth reveilled; and that thair man be perhappis 1 So in the original, but very obscure, and evidently a wrong reading. Perhaps referring to the old saw,

Since word is thrall and thought is free,
Keep well thy tongue, I counsel thee.'

This and the two following Letters are taken from a valuable Collection of State Papers transcribed by Thomas Earl of Hadington, (Sir Tho. Hamilton,) preserved in the General Register House, Edinburgh; which did not come to the Editor's knowledge till nearly the whole of the preceding Appendix was printed.

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