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A46076 An impartial account of some of the transactions in Scotland, concerning the Earl of Broadalban, Viscount and Master of Stair, Glenco-men, Bishop of Galloway, and Mr. Duncan Robertson in a letter from a friend. Friend. 1695 (1695) Wing I65; ESTC R15762 20,378 32

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the said Earl should with all his Friends and Followers joyn the Highland Army The said Deposition being read it was moved that the King's Advocate should be ordered to Commence a Process of High Treason against his Lordship and that he in the mean time should be committed Prisoner to the Castle of Edinburgh And 't was pleaded for the Earl that he might have time to deliberate his Answer before Impeachment this being a Surprize to him and doubted not but he would make it appear to the Parliament there was no ground for the Impeachment It was further pleaded for the Earl That Glengary not being summoned by a Judge to come in as a Witness against him and especially considered that he was a Roman Catholick had been in Rebellion against the King and never knew he had submitted to the Government unless done privately at this time and carrying an inveterate Enmity to the Earl's Family he hoped the Parliament would not found a Process of High Treason against him upon his Deposition These Arguments did not prevail It was further pleaded by the Earl That he had an Ample Commission from the King to do in that Affair all that he should think fit for effectuating his Design That as well His Majesty as all the World knew that in such Negotiations there must be Allowances for men Commissioned to go or at least pretend to go great lengths and to yield to such Condescendencies as they find most taking for accomplishing the Design That the Effect and Consequence had justified the Methods he had taken That not only they there sitting and their Constituents at home who suffered most in that unnatural and cruel War but also the Kingdom of England who for its own Safety was obliged to maintain some Regiments here in Scotland yea and all the Confederacy had reaped Advantage by his Conduct in that Treaty many Troops and much Money being now employed against the Common Enemy abroad which that troublesome War had exhausted for several Years here at home That seeing the thing it self was good and advantagious for the Nation he wondered Persons should take Exception against the particular Methods which in Prudence he was obliged to take in carrying it on however that he had made it known to Their Majesties whatever he had said or done in that Affair and had their Approbation since It was alledged that things now Libelled were not then known It was answered that upon a Complaint given against the Earl for these very things he is now accused of His Majesty recommended to the privy-Privy-Council here to make Enquiry into the matter which was done accordingly and transmitted to the King that the minutes of Council would clearly shew the same and desired that the minutes might be called for but the Parliament did not think fit to call for them The Earl of Melvil then Secretary of State and now Lord Privy-Seal 't is said rose up and avouched the truth of what had been said and asserted that the Precognition taken bo the Council was upon a Complaint if not in the same words yet at at least to same purpose with what was contained in Glengary's Depositions was sent by the Council to him as Secretary of State then That he shewed it to the Queen the King being then in Flanders who kept it a whole Night by her that the next day he transmitted it to the King who he knew by the Returns he got from Flanders received and perused it The Duke of Queensbury did declare likewise that it consisted with his knowledge that His Majesty received the same he being then in Flanders with the King and heard his Majesty Discourse of the matter very often Upon this some Person moved That seeing His Majesty had taken the Earl's Behaviour to his own Consideration and had been informed of all the Methods of his Proceedings in the matter and had shewn a satisfaction with the Earl's Conduct by preferring him at that time to several Places of Honour and Trust The Parliament would please not to proceed in an Affair of such Importance against one of His Majesty's Ministers of State until he was first acquainted with it But this being refused it was desired in behalf of the Earl they would delay their Proceedings at least until the next Meeting but it was voted and carried that the King's Advocate proceeded immediately against him and an Order of Parliament was signed for Committing him to the Castle where his Lordship was carried immediately after the rising of the Parliament The Lord Advocate sent him a Copy of his Indictment and he was ordered to give in his Answer thereto by the First of July instant Upon the First instant the Earl desired an Exculpation which was granted to him Upon Adjourning of the Parliament to the Seventh of November next the Prosecution of the Earl is delayed till that time As for the matter of the Glenco-men made so much ado we are something in the dark as yet nor will I meddle to speak much less to write of any Point the Parliament have Voted only the Historical part of that matter is this That when the Earl of Broadalban did undertake to cause the Highlanders to lay down their Arms give over Hostility and to give Passive Obedience to the present Government by taking of the Oaths which was very well done whoever did it before they laid down their Arms there were two or three Indemnities issued forth by His Majesty encouraging them to come in and they did come all in by the prefixed Diet in the last Indemnity except the Glenco-men who it seems finding themselves without Help or Support by the other Chieftains and Clans coming in Old Mac Kean of Glenco himself only as I am informed as ad aram ultimam went to and prevailed with Campbel of Ardkinglass Sheriff-Deputy of Argile-shire a very worthy honest Gentlemen and formerly a great Sufferer six days after the Diet was elapsed who received him and Mac Kean took the Oaths though at the same time it was and is still the Opinion of many good men that to confide in these men or to bring them to Conformity to the Government were Penelope's telam texere Nor did the taking of the Oaths after the Diet prefixt was elapsed save or protect them or him from the lash of the Law not having come in in the terms of the Law the mercy tendered in the Indemnity being Conditional in case they came in and submitted before or upon such a day but was a ground for mercy and mollification of the rigour of the Law supposing him or them to have taken the Oaths bono animo and upon true Repentance I do not hear the rest of his Followers came in and took the Oaths judging it 's like he and they were safe by his only taking of the Oaths though post meridiem diei The Court it seems not knowing of these Transactions at a great distance of Four or Five Hundred Miles and being informed
great or many strangers present which might be a Reflection in these days but I hope not now and to tell the truth I dare give no worse Character of him As for his Behaviour in Matters of State these are Matters I do not meddle with let him put his misbehaviour in Publick who will venture to do it if they can but I judge it will puzzle any to do it and Rational Men will Judge that he who Rules his Family best at home is the fittest to Rule in Publick and I pray God long may such Men Rule amongst us I will not say but the Lord Viscount Stair is envied by some People for his Parts and growing Greatness but that should be no Argument with Rational good Men being that mens Vertues ought not to be accounted their Crimes And I believe he may say in his Old Age Whose Ox or whose Asse have I taken The Master of Stair is the foresaid Viscount's Eldest Son liberally Educated and bred to the Law being upon his Travels in the time of the Dutch War he and one Ramsay Son of Sir Andrew Ramsay of Abbots-Hall being intimate Companions happened to be at Chatham and as I am informed preserved one of the King's Men of War from being blown up by the Dutch with the hazard of their own Lives for which brave Action when they were but very young King Charles Knighted them before he knew who they were thus I heard it In the Year 1672. Sir John was admitted after his Tryals to be an Advocate which Employ he followed for several Years being of the first Rank In the Year 1683. when the said Viscount his Father was forc'd to abscond in Holland as is said before the Laird of Claverhouse afterwards Viscount Dundee having the Command of the Army which was sent to the West Country to Spoil and Dragoon the Dissenting Party not without our Scots Bishops consent did attempt to possess himself of the Office of the Baily of Regality of the Lordship of Glenluce which did Heritably belong to the said Sir John and the Viscount of Stair his Father Sir John now Master of Stair by Creation of his Father Lord Baron and Peer of the Realm did oppose the Lord Dundee and beat him off for which he was convened before the Council and fined in 500l which he paid In the Year 1684. The said Master was seized at his own house when his Lady was just to lye in and made Prisoner being suspected it seems by the then Government to have Correspondence from Holland and to have carried on intrigues against the Government and being brought to Edinburgh was carried from the Palace of Holyrood-house where he was examined by the Ministers of State as a Trophe it seems to disgrace him between the common Soldiers along the publick Streets to the common Prison more than half a Miles distance was kept close Prisoner there for several Months not knowing for what Crime but as himself then said for the Original sin of the Father At last after many Petitions he had the favour granted him by the Council to be enlarged to the Castle Prison where he lay a long time till the Government was ashamed they could not fix a Crime upon him set him at Liberty In the Year 1687. there being none of the Advocates but these who were advanced to be Lords of the Session for their then Zeal and Loyalty to the Cause in hand fit to be the King's Advocate the Court hoping to gain him to their Party and to wheedle his Father over from Holland made the Master King's Advocate that being the time of the Toleration and during a whole year he continued King's Advocate there was none Prosecuted to death but one Man upon the score of Nonconformity The Court perceiving the Master's behaviour in that Post that year and intending to take another course by the Dispensing Power and finding him not to be a fit tool for their purpose brought in Sir George Mckhenzie again to be King's Advocate and they degraded the Master to be Justice Clerk then they found out he was the Man saved the Bishop of Ross in Anno 1686. by advising him to appeal from the Bishops Court to the Parliament Upon the Revolution the Earl of Perth then Chancellor fearing the just indignation of the enraged Mob taking his flight the said Master and some others of the Privy Councellors taking care first of keeping things in order and distributing so far as was then in their power the Government in the best hands went up to wait upon the Prince of Orange in December 1688. concurred in making the address to the Prince for taking on the Administration of the Government assisted in the Convention 1689. as a chosen Member thereof was the Man chiefly with the indefatigable pains and endeavours of the late Duke of Hamilton chosen President of the Convention who concerted the Resolution and stated the vote of forfeiting King James and Proclaiming his Majesty and the late Queen King and Queen of Scotland The Master of Stair in conjunction with the Earl of Argile and Sir James Montgomry were voted and sent up Commissioners from the Three Estates of Scotland to make offer of the Crown to their Majesties when our Gracious King was pleased to make the Master his Advocate again and Lord Melvil Secretary of State c. The foresaid Convention being turned into a Parliament The Duke of Hamilton made Lord High Commissioner some People who pretended great matters for Religion Liberty and Property being displeased it seems that they were not advanced instantly to some places of high dignity and trust in the Government recoiled And then it was that we unhappily turned into Parties which put the Subjects in a ferment made our Proceedings uneasie ever since at home and makes the King's Affairs sometimes to be retarded both here and abroad thus by our Divisions giving too much encouragement to the disaffected Party In the Winter 1690. The Master of Stair was advanced to be conjunct Secretary of State with the Earl of Melvil who upon the Revolution was made sole Secretary of State for Scotland as aforesaid which he did merit as formerly a great Sufferer and always a true common weals Man In the year 1692. Mr. James Johnson was made Conjunct Secretary of State with the Master of Stair and the Earl of Melvil sent to Scotland to be Lord Privy Seal And as to these Three Persons they continue in the same Stations and Offices still The Earl of Broadalban who was formerly called Sir John Campbell of Glenorchy an ancient family in the Highlands a Cadent of the family of Argile when he married the late Earl of Argile's Sister Countess Dowager of the late Earl of Caithnes who died without issue Male he the said Sir John was created Earl of Caithnes in the year 1677. or 1678. and brought several debts upon the Earldom of Caithnes and made use of force to possess himself of the Estate which