Page images
PDF
EPUB

ing that his right to the lands of Fentoun should not be affected by the general Act of pacification and restitution, which was referred to the King (Act Parl., III, 398). In the same year he presented another petition in favour of his younger son, James, on whose behalf he had advanced £7000 to the Earl of Gowrie, complaining that the interest thereon had not been paid, on the alleged ground that the rights of his son were affected by his forfeiture, stating that the said James was only sixteen at the time of the attainder, and remained our Sovereign Lord's faithful liege and subject, and praying that the right of the latter to the said interest should be ratified by Parliament, which was accordingly done (Ibid, III., 401). In 1587, he had a grant under the Great Seal of the lands of Fentoun (Reg. Mag. Sig., XXXVI., 410). Shortly after this he was appointed warden of the west marches. He was one of the ambassadors sent to Denmark in the following year to negotiate the marriage of James VI. with the Princess Anne, and on his return was appointed Captain of the King's Guard (Douglas Peerage). In 1590, he was entrusted with a mission to Queen Elizabeth, for the purpose of arranging matters of the highest importance to the two nations, which trust he worthily discharged (Ibid). The laird of Carmichael was one of the members of a small Session of Parliament, which met on the 6th of August, 1591, which, however, passed only one measure, an Act relative to the Mint and currency (Act Parl., III., 525).

We learn from the records of Parliament that in the following year he was one of the Privy Council appointed by the King, with the consent of the legislative body, and obtained an Act declaring that the benefit of the general Act of pacification and restitution should not extend to his lands of Fentoun and Longherdmestown, in Lothian. these last statutes he is described as "Sir John Carmichael of that ilk, knight, Master of the Stable" (Act Parl., III., 562, 603). In the same year, he "demittit" the wardenship of the West Marches, to which office John, Earl of Morton, Lord Maxwell, was appointed (Pit. Crim. Trials, I., 275). He

In

was present at the meetings of Parliament held on the 11th of September, 31st October, 23d and 26th November, 1593, at the last of which the tolerant "Act of Abolitoun" was passed, and also at that on the 18th January, 1593-4, when he was nominated one of the Privy Council till the next meeting of Parliament (Act Parl., IV., 39, 44, 45, 50, 53). He was a member of the Parliament which met on the 21st of April, 1594, when he was appointed one of the Commissioners for letting and feuing the Crown lands. On the 10th of September of the same year, he was again present at the meeting of Parliament (Ibid, 54, 65, 95). In 1595, he was appointed one of the assessors to an assize in Edinburgh, as the Provost, bailies, and burgesses of that town were suspected of partiality (Pit. Crim. Trials, I., 350). In 1596-97, he was outlawed for not attending the assize on James Lockhard, elder, of Lay, accused of treason (Ibid, II., 11). In the course of the same year, an objection was made to him serving as one of the jury for the trial of Robert Hamilton of Inchmauchan, "on account of the deadly feud betwixt the said Robert and the laird of Westraw for the slaughter of his father, to whom the said laird of Carmichael is thirdis of kyn." To which the advocate replied "that, being counsellare to His Majesty, makes him more qualified and less suspect to pass upon this assize" (Ibid, II., 13). He was a constant attender of Parliament in the years 1596-7, and 1598 (Act Parl., IV., 101, 106, 118, 173). In the last of these years, he was again entrusted with the wardenship of the West Marches (Douglas Peerage). In 1599, he was appointed one of the commission "anent Militarie Disciplin" (Act Parl., IV., 189), and in the same year obtained a charter under the Great Seal of the barony of Wistoun in favour of him and his wife (Reg. Mag. Sig., XLII., 78). He was assassinated while in the exercise of his duty, as warden of the West Marches, by a party of the Armstrongs, in June, 1600. The following account of this transaction is found in an anonymous History of Scotland, a manuscript preserved in the Advocates' Library:"Sir John Carmichael was made warden, who, finding the Armstrongs to be the greatest cause of the troubles, was mind

ing that his right to the lands of Fentoun should not be affected by the general Act of pacification and restitution, which was referred to the King (Act Parl., III, 398). In the same year he presented another petition in favour of his younger son, James, on whose behalf he had advanced £7000 to the Earl of Gowrie, complaining that the interest thereon had not been paid, on the alleged ground that the rights of his son were affected by his forfeiture, stating that the said James was only sixteen at the time of the attainder, and remained our Sovereign Lord's faithful liege and subject, and praying that the right of the latter to the said interest should be ratified by Parliament, which was accordingly done (Ibid, III., 401). In 1587, he had a grant under the Great Seal of the lands of Fentoun (Reg. Mag. Sig., XXXVI., 410). Shortly after this he was appointed warden of the west marches. He was one of the ambassadors sent to Denmark in the following year to negotiate the marriage of James VI. with the Princess Anne, and on his return was appointed Captain of the King's Guard (Douglas Peerage). In 1590, he was entrusted with a mission to Queen Elizabeth, for the purpose of arranging matters of the highest importance to the two nations, which trust he worthily discharged (Ibid). The laird of Carmichael was one of the members of a small Session of Parliament, which met on the 6th of August, 1591, which, however, passed only one measure, an Act relative to the Mint and currency (Act Parl., III., 525).

In

We learn from the records of Parliament that in the following year he was one of the Privy Council appointed by the King, with the consent of the legislative body, and obtained an Act declaring that the benefit of the general Act of pacification and restitution should not extend to his lands of Fentoun and Longherdmestown, in Lothian. these last statutes he is described as "Sir John Carmichael of that ilk, knight, Master of the Stable" (Act Parl., III., 562, 603). In the same year, he "demittit" the wardenship of the West Marches, to which office John, Earl of Morton, Lord Maxwell, was appointed (Pit. Crim. Trials, I., 275). He

was present at the meetings of Parliament held on the 11th of September, 31st October, 23d and 26th November, 1593, at the last of which the tolerant "Act of Abolitoun" was passed, and also at that on the 18th January, 1593-4, when he was nominated one of the Privy Council till the next meeting of Parliament (Act Parl., IV., 39, 44, 45, 50, 53). He was a member of the Parliament which met on the 21st of April, 1594, when he was appointed one of the Commissioners for letting and feuing the Crown lands. On the 10th of September of the same year, he was again present at the meeting of Parliament (Ibid, 54, 65, 95). In 1595, he was appointed one of the assessors to an assize in Edinburgh, as the Provost, bailies, and burgesses of that town were suspected of partiality (Pit. Crim. Trials, I., 350). In 1596-97, he was outlawed for not attending the assize on James Lockhard, elder, of Lay, accused of treason (Ibid, II., 11). In the course of the same year, an objection was made to him serving as one of the jury for the trial of Robert Hamilton of Inchmauchan, "on account of the deadly feud betwixt the said Robert and the laird of Westraw for the slaughter of his father, to whom the said laird of Carmichael is thirdis of kyn." To which the advocate replied “that, being counsellare to His Majesty, makes him more qualified and less suspect to pass upon this assize” (Ibid, II., 13). He was a constant attender of Parliament in the years 1596-7, and 1598 (Act Parl., IV., 101, 106, 118, 173). In the last of these years, he was again entrusted with the wardenship of the West Marches (Douglas Peerage). In 1599, he was appointed one of the commission "anent Militarie Disciplin" (Act Parl., IV., 189), and in the same year obtained a charter under the Great Seal of the barony of Wistoun in favour of him and his wife (Reg. Mag. Sig., XLII., 78). He was assassinated while in the exercise of his duty, as warden of the West Marches, by a party of the Armstrongs, in June, 1600. The following account of this transaction is found in an anonymous History of Scotland, a manuscript preserved in the Advocates' Library:"Sir John Carmichael was made warden, who, finding the Armstrongs to be the greatest cause of the troubles, was mind

ful to punish them which were most notorious thieves, and they, having intelligence thereof, sends to him a brother of old Wm. Armstrong of Kinmount, who was called Alexander Armstrong, alias Sandeis Ringand. This Ringane being in his company, and entering in conference with the warden, finds that there was no friendship to be looked for at his hands, and also there were some young men with the warden who began to mock this Ringan by stealing out of his sword, and putting yokes of eggs in the skabert, whereby the same would not draw, which he perceiving, said that he avowit to God that they should see his sword out, an he and they went on the ground when he might be party. And cuming hame to his own house in this rage, says to his sons that he was maid schame of som, avowing to God to be equal with the samin. And knowing the warden to ride on the morn, he and his sons sets for him, with some others, and slays him by the shot of an hagbut." Signal vengeance was taken on the perpetrators of this outrage, which was the cause of the severity exercised by King James on the whole clan of the Armstrongs, an event well known from the border ballads relative to it. In the beginning of the following year, Thomas Armstrong was indicted at the instance of "Archibald Carmichael of Edsom, brother to the late Sir John Carmichael of that ilk, knight warden of the West Marches of Scotland for the time, inasmuch as he and others, to the number of twenty common thieves and traitors, bodin in feir of weir with pakis, steel bonnettis, lances, and hackbuts, having consulted, devised, and enterprised the cruel, treasonable, and shameful slaughter of the late Sir John Carmichael, warden of the West Marches, upon one Sunday in the month of June, 1600, at ane meeting at the fute ball, where divers bordiners and friends were convened for that effect, which purpose being plattit and sett down by him and thame, and being surely advertised that the said Sir John was to keep court at Lochmaben upon the morn thereafter, they met together at their trysting-place of Blereheid, where they lay at wait for the said Sir John passing by, and as he was in sober and quiet manner passing to the said court, dreading no evil, harm, or pursuit of any persons, but to have lived under God's

« PreviousContinue »