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So the Earle of Dumbar, in prefence of the Lords of Skoone and Burlie, both after particular affurance and folemne oathe to my felf, 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 felf, 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 ftand 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 Mas 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 moft 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 eftate to expiat my offence; and to teach others, by my exampill, to goo no farther in thair mafter's fervice then they have fufficient 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 fhould ftay 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 Reverfione should be safe to me, yett the faid Earle, fearing Sir Robert Ker's credit,2 made me to yield to paffe that to him, which was the best 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. 2 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 suffer 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 undeserved rigour against 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 Mas 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 such haste, 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 false promiffes and traterous intysements 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 horfe, for they receave no ryding prifoners. He excufed himself with the infirmitie of the goute in his feete; and willed them to fhew him that much courtefie, as to suffer him to ride foreward. One of the toun, ftanding hard befide, answered Pamfara, tantara !2 my Lord! Now, when fome directed from the Counfell of Edinburgh, long before his fall, requeifted him not to mainteane one of his dependers against them, in ane actione they had against him, for they could be more stedible3 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 horse. Thirdlie, Its to be observed, that the Doome being delayed, after his convictione at St Andrewes, till his Mas 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 some good hope of releef. He would have spoken something, 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 ftrange that such a thing fhould be fuffered 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 difpleasure, fearing ever the worft. Fourtlie, it is to be observed,

* 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. Be of more service to him; stand him in better stead. 4 G

VOL. II.

that about the fame 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 Elphinftoune's Confeffione or Depofitions; which might have served to great use, 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 subscribed his Depofitions, as Dumbar affured him; because the not subfcribing hindred the progreffe of the Kings Answere to Tortus booke, quhairof his Depofitione behoved to be a part. He therefore fett too his hand, in presence of fome Noblemen and others, as yee may fee in his own Relatione. Because the Depofitiones were ommitted in the Answere to Mathæus Tortus, and upon other confiderations, manie doubted of the finceritie of this proceeding against him; and fufpected, 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, eft 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 obferved that Bishops, notwithstanding of his paines and dilligence taken at Linlithgow, and the manie Proclamations penned be him, fpytfull 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 small countenance he kythed, in Counsell, 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. .

Mr James Elphingstone, 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 thoise moift wniuft and wrangous imputationes, quhilkis We did wnderly, by his foull abufe 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 discoverie 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; so, 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 false subgeftiounes, in preaffing, by mifconftruing of thingis, to harme the trewth reveilled; and that thair man be perhappis 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.

fum false rumouris and bruttis thair spred, in extenuating the qualitie of the offence one his pairt, and deryveing in fum fort a pairt of the blame of that mater on ws; as it is a proud malapairt baldnes and prefumptioune for the best of our fubiectis to medill in ony thing that may concerne our credeit and honour, without a varie good warrant; and that all pretenffes of mistaking our trufting to wncertane reportis ar fo far to be mifregairdit, as thay rather juftlie deferue the greater feueretie to be vsed aganes fuche as will execufe tham felffis thairby; fo, to repreffe fuch infolent wantonnes, in any of our subiectis pair, who aither out of malice doe forge thame, or out of thair vaine, foleshe, and idill breanes do frame thame, We will and command 30w to tak particular tryall of all fuche as hes bene or heirefter falbe fpreddaris of ony rumouris or bruttis in this mater, wtherwayis nor falbe by the said Archbishop reportit wnto 30w; and that 30w caus the rigoure and extreamitie of our lawis to be execut aganes thame! that thairin We may have a speciall prooff quhat dew accompt 30w mak of our reputatioune and credit, which wnto ws (is) moir deirar nor our varie lyffe! And referring all farder to the Archbishopis relatioune, whome We will 30w to truft, We bid 30w fairweill. FROM Our Court, at Royftoun, the 21 of November, 1608.

[JAMES R.]

To our rycht truftie and weilbelouit cofinges and counfallouris, the Erll of Dumfermeling, our Chancellar, and remanent Lordis and wtheris of our PRIVIE COUNSALL of that our Kingdome of SCOTLAND.

X. LETTER from THE PRIVY COUNCIL OF SCOTLAND to THE KING. Moift gratious Souerane,

WE reffaveid your Ma. Letter of the 21 of November; and hes hard, at greitt lenth, the relatioune made by the reverend Fader in God 3our trustie Counsallour the Archbishope of Glasgow, anent the Confeffioun and hole circumstances of that lang obfcured and moist heynous and inexcuiffabill offence committit be the Lord Balmerinoch aganes zour credeit, honour, and reputatioun ; quhairin, as fencibill and feeling memberis of fo glorious and gratious a head, finding our awin intereffis, greiff and forrow that 3our Mas most famous and vnspotted name, honoure, and credeit, which 5our heynes hes to this houre fo religiouslie conservit in all puritie, fould have beene fo wnworthellie, and in fo heich a point, brocht in queftioun be ony of our number, quho hes that honour to be felectit be zour Ma. to the cheiff credeit of 3our service heir; fo, with moift joyfull, humbill, and thankfull hartis to God, we acqnawleg that greit bliffing and benefeit which it hes pleafit his Devyne Matie to fchew wnto our hienes by the detecting and difcoverie of that purpoife, and vindicatting the finceretie and innocencie of zour royall hart frome all fufpitioune of the wrangoufe and wniuft imputationes which 3our heynes wnderlay thairin; manifefting thairby his Devyne caire and Providence which he hes evir had over 3 our facreid perfoune, honour, and eftait, and in quhat deteftatioune he holdeth all practizes and purpoiffes prejudiciall thairvnto. And quhairas, in the cenfuring of this fact befoir 3our Mas honourabill Previe Counfall of that kingdome, thay, be 3our Ma. directioune, (we doubt not) have remittit the full tryall pairof to the lawis and formes of this country, with many demonftratiounes and oppin Speaches, concerning the good opinioune thay have of the equitie of our lawis, and cinferitie of our effectioune in 3our Ma. service, we have not onely infinite occafioune, with all humilitie, first to thank 3our facred Ma., and nixt thame, for fo refpective a refervatioune to ws of that whiche 3our Ma. knowis to be proper and dew to the privilege and freedome of this zour auntient and nobill Croune. Bot we hop, God willing, to give wnto 3our Ma. a prooff, with all fidelitie, caire, and finciretie, we fall profequute and follow out quhatevir it fall pleis 3our facreid Ma. in 3our princely wifdom to command, als weill in this as in any wther thing els, tuiching zour hienes, in honour and estate. And, in the meantyme, if any of 3our Ma. fubiectis hes bene or falbe fo wndewtifull, fooleithe, and wnworthie, as to give oute any false bruittis and rumouris aganes the wndouttit trewth and varitie of this mater, or to the extenuatting pairof in any poynt, we fall not faill fo exactlie to examen, try, and puneishe the famen, as wtheris falbe terrifiet to fall in the lyk errour heirefter. And fua, praying God ftill to vp

hold your facreid Ma. with all 3our royall progenie wnder his Dewyne protectioune and fauffgaird, we reft for ever

3our Ma. most humbill and obedient fubjectis and feruitouris,

A. CANCELL. SANTAND. MAR. PERTH. LOTHEANE. BUGCLEUCHE. TORPphichen.
HALIRUDHOUse. BEULIE. GAIRLEIS. ROISS. J. COKBURNE. R. COKburne.

S. T. HAMILTOUN. JO. PRESTOUN. Sr Robert MeluilL. P. ROLLOK.

ED', 6 December, 1608.

XI. LETTER from THE KING to THE PRIVY COUNCIL OF SCOTLAND, with WARRANT for the enlargement of Lord Balmerinoch.

RICHT truftie and weilbeloveit coufines and Counfallouris, We greete 30w weel. WNderstandING of the evill conftitutioun in helth, and feiknes in body, of the leat Lord of Balmerinoch, by reffoune of his detentioune and cloife keiping within our Palife of Falkland, and in the foire Toure1 pairof; and humill fute, for this caus, being mead wnto ws, for his enlargement, in fum foirt; We haif bene pleiffit to grant our Licence, for his libertie and friedome, within our faid Palice and a myle in circuite round about the fame; upoun conditioun alwayis, that he doe not tranfcend the boundis prefixit; and that he find fufficient refponfuall landit gentill men actit in 3our buikis, as cautioneris and fouerteis for his performance of the faid conditioune, vnder the pane of xlm li.2 vfual Scoittis money. For whiche caus, We haue thocht meet to will 30w to direct to the said Court of Falkland, quhair his prefent place and refidence of abode is, zour Clerk of Counsell, with the Licence heirwith fent, commanding our faid Clerk to reffaue the foirfaid act of cautioun of sufficient landit men, boundin vnder the foume aboue specifeit, for performing the conditioune aboue writtin, of his conteining him selff and not exceiding the boundis of his confynning; and heirvpoun the faid Clerk to delyver vnto him the foirfaid Licence, to be his warrand of this his enlairgment. And so We bid 30w ffairweele. ROYSTOUNE, firft of October, 1609. [JAMES R.]

Slaughter.

Mar. 14, 1609.-JOHN GLENDONING of Drumrafche.

Dilaitit of airt and pairt of the flauchter of vmql George Stewart, brother germane to vmqle Mathow Stewart of Dunduf.

PERSEWAR, Williame Stewart of Dunduf, brother-fone.

THE JUSTICE, of confent of ather pairtie, Continewis this dyet to the thrid day of the Air,3 ( Kirkculdbricht?') or foner vpone xv dayis wairning.

1 Fore or front tower. 2 L.40,000. * What took place at the Justice-air has not fallen under the Editor's observation. It is likely the case was compromised by payment of a pecuniary fine to the private prosecutor; on which Letters of Slaines' would follow, as a warrant for the King's Remission. In cases of Slaughter or unpremeditated Homicide, in a skirmish, it was a common manner of withdrawing the instance, for both parties to concur in a continuation of the diet to the Justice-air. Another mode was to use influence with the Baron of the Regality,' &c. within whose jurisdiction the parties resided, to repledge them to his Court, and where the matter was easily hushed up. The King's Remission, in case of accidents, was also afterwards procured, lest future feud should occasion a renewal of the prosecution, and perhaps terminate fatally to the homicide.

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