Part 28
The Earl of Errol, one of the exiled Catholic lords, writing to the king from Middleburg in July 1596, speaks of having undergone incessant troubles ever since he professed the Catholic religion, and of having for three or four years past been in daily and extreme peril of his life. He says: ‘My late and greatest extremities have proceeded only upon that over-great fervour and onnecessar rigour of the ministry, wha, disdainfully rejecting all reasonable conditions, will force men’s consciences, not as yet persuaded, till embrace their opinions in matters of religion.’[195]
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[Sidenote: 1592-3.]
Mr John Graham of Hallyards, a judge of the Court of Session, had an unfortunate litigation with Sir James Sandilands, the Tutor of Calder, about some temple-lands which his wife had brought to him. There had been a deed forged in the case, and a notary hanged for it, and a collision between the Court of Session and the General Assembly as to jurisdiction, and now Sir James Sandilands had become incensed to a degree of fury against his opponent the judge.
[Sidenote: FEB. 13.]
Graham, being charged by the king, for peace’ sake, to depart from Edinburgh, was passing down Leith Wynd in obedience to the order, attended by three or four score persons for his protection, when Sir James Sandilands, accompanied by his friend the Duke of Lennox, and an armed company, followed hard at his heels. Graham, thinking he was about to be attacked, turned to make resistance. The duke sent to tell him that if he proceeded on his journey, no one would molest him; but the message proved of no use, in consequence of some stray shot from Graham’s company. The party of Sandilands immediately made an attack; the other party hastily fled. Graham fell wounded on the street, and was carried into a neighbouring house. A French boy, page to Sir Alexander Stewart, one of Sandilands’s friends, seeing his master slain, followed the hapless judge into the house, ‘douped a whinger into him,’ and so despatched him. Such was the characteristic termination of a lawsuit in 1593.--_Cal._
It is highly worthy of remark, that, not many months after, Sir James Sandilands was once more peaceably living at court.
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[Sidenote: 1593.]
Amongst the complications of the affair between Huntly and Moray in February 1592, there were mingled the details of a plot in which Huntly and the Chancellor Maitland were connected with three chieftains of the clan Campbell--Ardkinlas, Lochnell, and Glenurchy--against the life of John Campbell of Calder, who was obnoxious to the latter persons on account of his supreme influence in the affairs of the minor Earl of Argyle. By the exertions of Ardkinlas, a man called MacEllar was procured to undertake the assassination of Calder: and in the same month which saw the tragedy at Dunnibrissle, this wretched man shot Calder with three bullets, through a window, as the victim sat unsuspecting of danger in the house of Knepoch in Lorn.
[Sidenote: 1593.]
The youthful earl having threatened vengeance against Ardkinlas, the latter seems to have lost heart; and being extremely desirous of recovering his young chief’s regard, he seriously made an endeavour to that effect by means of witchcraft, and was much disappointed when that resource failed him. He subsequently tried to accomplish his purpose by revealing what he knew of another plot in which the same parties were concerned against the earl’s life. This, however, is aside from our present subject. It may be sufficient to remark that MacEllar and a higher agent in the person of John Oig Campbell of Cabrachan, a brother of Lochnell, were taken and executed for Calder’s death; but owing to various causes, among which the complicity and friendship of Maitland was probably the chief, Ardkinlas continued for a considerable time to keep out of the grasp of the law.
[Sidenote: MAR. 28.]
At the time noted, he sustained an assault of private vengeance which might well make him tremble. A complaint which he entered before the Privy Council sets forth that, having occasion to be at Dumbarton with some friends, including Duncan Campbell, Dean of Brechin, on his way to Edinburgh, whither he was going in obedience to a summons of the king, ‘he took purpose to hald forward in his journey that same night after supper, by reason of the troubles whilk are in the country, lippening [trusting] for naething less than ony injury or trouble to have been intended him.’ Nevertheless, John Buchanan of Drumfoid, with a party of friends, and ‘sundry others, broken men and fugitives, to the number of twenty-four persons, on horse and foot, all bodin in feir of weir, with lang hagbuts, jacks, pistolets, and other weapons invasive,’ took up a position in a yard beside the road, with the design of murdering Campbell. ‘The said Duncan and ane other of his [Ardkinlas’s] servants, being ganging a little before him, and the persons foresaid surely believing that ane of them had been the Laird of Ardkinlas, they dischargit ane dozen of hagbuts at the said twa persons, and shot the said Duncan in the head; and thereafter, coming furth of the yard, finding the said Duncan not to be dead, and still believing he had been the said Laird of Ardkinlas, they shamefully and barbarously mangled and slew him with swords, and cuttit off his head. And then, perceiving themselves to be disappointed, they sharply followit the said laird, shot aucht or nine hagbuts at him, and had not failed likewise to have slain him, were not that by the providence of God he escaped.’
[Sidenote: 1593.]
The next notice we have of affairs connected with the Campbell conspiracies is a curious, though obscure one, regarding what was in the language of that time called a _Day of Law_, held in Edinburgh on the 19th of June (the king’s birthday) 1593. There appeared as seekers of justice for Calder’s slaughter, the Earl of Argyle (seventeen years of age), the sheriff of Ayr, the Earl of Morton, and some others; as defenders in that cause, Ardkinlas, Glenurchy, and others. The Chancellor Maitland, whose concern was suspected, but did not become clear till our own time, had his friends assembled also--namely, the Earls of Montrose, Eglintoun, and Glencairn, and Lord Livingstone, ‘who all accompanied Lord Hamilton on the streets.’ Against them were mustered the Duke of Lennox, the Earl of Mar, Lord Home, and some others, who, favoured with the countenance of the queen, talked of bringing in Lord _Quondam_ against the chancellor: by this name they indicated Captain James Stuart, long sunk out of credit and means, but still eager to take any desperate means of recovering his place. To this goodly company it was expected that Lord Maxwell and the Laird of Cessford would soon be added. The affair seemed so threatening, that the king was seriously alarmed, and commanded all to keep their lodgings; after which he ‘dealt with the chancellor to entreat them to depart in peace.’ Such was a _day of law_ in the reign of gentle King James.
It was not till September 1596 that Ardkinlas underwent a trial for the slaughter of the Laird of Calder. The matter having doubtless been arranged beforehand, no pursuers appeared, and he was set at liberty.[196]
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[Sidenote: JUNE 21.]
George Smollett, burgess of Dumbarton (an ancestor of the novelist), was denounced rebel for not answering certain charges made against him by the burghs of Glasgow and Renfrew. It was alleged that Smollett, having purchased a letter of the king, used it as a sanction to deeds of violent oppression against the Highland people resorting with merchandise to those towns. ‘He not only masterfully reives the goods and bestial, claithing, and other wares, brought by the inhabitants of the Isles and other parts of the Highlands, to the said burghs, by sea and land, but takes, apprehends, and imprisons their persons, and sometimes pursues themselves by way of deid.’ It was added that the people of the Highlands were, in consequence, inspired with a deadly hatred of the burghs of Glasgow and Renfrew, and were already committing such reprisals as threatened civil war.--_P. C. R._
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[Sidenote: 1593.
JULY 7.]
An act of Privy Council, reciting that ‘vile murders have not only been committed within kirks and other places, but even within the burgh of Edinburgh and suburbs thereof, ewest [near] to his hieness’ palace, to the great hazard of his awn person,’ commands the authorities of the city, the king’s guard, the master and porter of his palace, to ‘search for all hagbuts and pistolets’ worn by any persons in the city and king’s palace, and convey the wearers to prison, the weapons to be escheat for the benefit of the apprehenders. In the parliament which sat down a few days afterwards, it was enacted: ‘Whaever sall happen, at ony time hereafter, to strike, hurt, or slay ony person within his hieness’ parliament-house during the time of the halding of the parliament; within the king’s inner chalmer, cabinet, or chalmer of presence, the king’s majesty for the time being within his palace; or within the Inner Tolbooth the time that the Lords of Session sit for administration of justice; or within the king’s privy council-house the time of the council sitting there; or whaever sall happen to strike, hurt, or slay ony person in the presence of his majesty, wherever his hieness sall happen to be for the time; sall incur the pain of treason.’ For those who commit the like offences in places and presences of less importance, severe penalties are denounced. Another act aimed at strengthening the hands of the magistrates of Edinburgh in their endeavours to apprehend turbulent persons and rebels, seeing that the weakness of such authorities ‘is the original and principal cause wherefra the great confusion and disorder of this land, in all estates, proceeds.’--_S. A._ and _P. C. R._
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[Sidenote: JULY 22.]
The feud between the Lord Maxwell and the Laird of Johnston, which had been stayed by a reconciliation, broke out again afresh in consequence of a foray by William Johnston of Wamphray, usually called, from his reckless, dissipated character, the _Galliard_, in the lands of the Crichtons of Sanquhar and Douglases of Drumlanrig. The Galliard being taken in the fray and hanged, his friends, on being pursued for the recovery of the stolen cattle, stood at bay and fought so desperately that many of their enemies bit the dust. A remarkable scene was consequently presented in Edinburgh. ‘There came certain poor women out of the south country, with fifteen bloody shirts, to compleen to the king that their husbands, sons, and servants, were cruelly murdered by the Laird of Johnston, themselves spoiled, and nothing left them. The poor women, seeing they could get no satisfaction, caused the bloody shirts to be carried by pioneers through the town of Edinburgh, upon Monday, the 23d of July. The people were much moved, and cried out for a vengeance upon the king and council. The king was nothing moved, but against the town of Edinburgh and the ministry. The court alleged they had procured that spectacle in contempt of the king.’--_Cal._
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[Sidenote: JULY 24.]
Bothwell had now been little heard of for upwards of a twelvemonth, a long interval of quietness for such a politician. The time had at length come for a third attempt to regain favour with the king. ‘At eight hours in the morning, the Earl of Bothwell, the Laird of Spott, Mr William Leslie, and Mr John Colville’ [‘to the number of twa or three hundred men’], ‘came into the king’s chalmer, weel provided with pistol. It was reported that the said Earl and Mr John were brought in by the Lady Athole, at the back yett of the abbey. This earl and his complices came not this way provided with pistols and drawn swords to harm the king’s majesty any ways, but because he could not get presence of his majesty, nor speech of him, for the Homes, who were courtiers with the king, and enemies to the said Earl of Bothwell. Sae they came into his majesty’s chalmer, resolving themselves not to be halden back till they should have spoken with him; and sae after they came in, his majesty was coming frae the back-stair, with his breeks in his hand, in ane fear--howbeit he needed not. The foresaid Bothwell and his complices fell upon their knees, and gave their swords upon the ground, and beggit mercy at his majesty; and his majesty being wise, merciful, a noble prince of great pity, not desirous of blood, granted them mercy, and received them in his favour; and at four hours afternoon proclaimed them his free lieges.’
‘There was ane great tumult in Edinburgh for this. They come all down in arms, and cried to understand the king’s mind, who cried out and said, that he was not captive, but weel, in case that whilk was promised by them should be keepit; and commanded them all to the abbey kirk-yard, to stay there till he called for them. Immediately thereafter, [he] sent for the provost and bailies, and commanded them to dissolve and go homeward; he houpit all should be weel.’--_Moy._ _Bir._
[Sidenote: 1593.]
For a time the Chancellor Maitland, Lord Home, and other courtiers gave way before the replaced Bothwell. The English ambassador exerted influence in his behalf. The zealous clergy befriended him, not for any virtues he could be said to possess, for he had none, but for that which was a compendium of all virtue, his professing to be for ‘the trew religion.’ King James was obliged to seem his friend, and to be quite against the Catholic lords. One day, as the king was travelling by Fala, near Soutra Hill, these nobles came up unexpectedly, threw themselves on their knees before him, and entreated forgiveness and favour. He told them he could do nothing for them unless they satisfied the kirk, and ‘he sent back, that same nicht, the Lord Treasurer and the Abbot of Lindores to the ambassador of England and the ministers of Edinburgh, _desiring that they should conceive nae evil opinion of his part for their coming to him_.’--_H. K. J._ Such were the relations of royalty to the priesthood in those days.
[Sidenote: DEC. 11.]
Notwithstanding such powerful support, Bothwell could not long maintain his place at court. We soon find him again at the horn, and passing through a rather picturesque adventure on a mountain-road a few miles to the south of Edinburgh. ‘It fortuned Sir Robert Kerr, younger of Cessford, accompanied only with one of his awn servants called Rutherford, to pass out of Edinburgh, homeward to his wife quietly; in the way of plain accident, [he] forgathered with the Earl Bothwell, and ane Gibson with him, beside Humbie on this side of Soutra Hill; where, meeting twa for twa, they fought a long time on horseback.... The Laird of Cessford’s man was hurt in the cheek, and at length baith the parties so wearied with long fechting, [that] they assented baith to let the others depart and ride away for that time. Cessford came back to Edinburgh, and tauld the king’s majesty of that accident.’--_Moy._
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[Sidenote: 1593.
JULY 31.]
Aberdeen, a commercial town with a university, bore a singular moral relation to the adjacent Highlands of the Dee, where a wild and lawless population, speaking a different language, and using a different dress, existed. Many were the troubles of the industrious burghers from these rude neighbours, who would sometimes come sweeping down upon their borders like a flight of locusts, and leave nothing of value uneaten or undestroyed. At this time, we find the council of the northern city meeting to consider ‘the barbarous cruelty lately exercit by the lawless hielandmen in Birse, Glentanner, and thereabout, not only in the unmerciful murdering of men and bairns, but in the masterful and violent spulying of all the bestial, guids, and gear of a great part of the inhabitants of these bounds ... committit near to this burgh, within twenty miles thereto;’ for which reason it was ordained that the whole inhabitants should be ready with arms to meet for the defence of the town, and to resist and repress the said hielandmen, as occasion shall be offered.’
The Crichtons and Douglases, whom the Johnstons had plundered in the summer of this year, having induced Lord Maxwell to take up their cause, and enter with them into bonds of _manrent_ for mutual support, it behoved the Laird of Johnston to be stirring. To his aid came the reiving clans of Scott and Graham, and with them he fell upon and cut off a party of the Maxwells. This led to a decisive attempt of Lord Maxwell to bring the Johnstons to subjection; but, though undertaken under sanction of his office as warden of the west marches, it ended in a way very unfortunate for himself.
[Sidenote: DEC. 6.]
‘The Lord Maxwell, being on foot 1500 and horse together, coming to the Lochwood, having special commission of the king to have destroyed the said Lochwood, and banished and destroyed the haill Johnstons, because he [the laird] was ane favourer of the Earl Bothwell in some of his turns--being come over the Water of Annan--the Laird of Johnston, with the Scotts, to the number of 800 or thereby, ombeset the said lord in his way; where, without few or na strakes, the said lord was slain with the Laird Johnston’s awn hand [or, as is alleged, by Mr Gideon Murray, being servitor till Scott of Buccleuch[197]]; never ane of his awn folks remained with him (only twenty of his awn household), but all fled through the water; five of the said lord’s company slain; and his head and right arm were ta’en with them to the Lochwood, and affixed on the wall thereof. The bruit ran that the said Lord Maxwell was treacherously deserted by his awn company.’--_Jo. Hist._
Such was the famous clan-battle of _Dryfe’s Sands_, the last of any note fought in the southern part of Scotland.
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[Sidenote: 1593-4.
JAN. 21.]
For some time we have heard nothing of Eustachius Roche, _quondam_ tacksman-general of the Scottish mines. From this circumstance, and the difficulties he seemed to be labouring under the last time we heard of him, it is little to be doubted that he had found his adventure unprofitable and hopeless, and given it up. Now another comes forward, one really notice-worthy, since he prospered to some extent in his undertaking, and laid the foundation of a property and a work which still exist. This was Thomas Foulis, goldsmith in Edinburgh.
The Edinburgh goldsmiths of that day, though only occupying a few small obscure shops stuck between the buttresses of St Giles’s Church, comprehended in their number two or three persons of such considerable wealth, as to verge upon a historic importance. Such, for example, was George Heriot, who in 1597 became goldsmith and jeweller to the king, and in time accumulated the fortune which enabled his executors to erect the magnificent hospital bearing his name. Another of the number was Thomas Foulis, who, when in spring 1593 the king had to march an army against the Papist lords in the north, supplied a great part of the funds required for the purpose. What the Bank of England has often in modern times been to the British government, Thomas Foulis, the Edinburgh goldsmith, was in those days to King James--a ready resource when money was urgently required for state purposes. On the 10th of September 1594, the royal debt to Thomas was no less than £14,598; and as a security so far for this sum, the king consigned to him ‘twa drinking pieces of gold, weighing in the haill fifteen pund and five unce,’ which the consignee was to be at liberty to coin into ‘five-pund pieces,’ if the debt should not be otherwise paid before the 1st of November next, ‘the superplus, gif oney beis,’ to be forthcoming for his majesty’s use. The value of the gold of these drinking-cups at the present day would be about £950, which shews that the debt in question was expressed in Scottish money. It may be remarked, that on the same day the king consigned another gold drinking-cup, weighing twelve pounds five ounces, in favour of John Arnott, burgess of Edinburgh, who had lent him £6000. It further appears that Thomas Foulis, very soon after, lent the king £12,000 more ‘for outredding of sundry his hieness’ affairs.’
[Sidenote: 1593-4.]
In consideration of the loans he had had from Thomas Foulis, the king granted him (January 21, 1593-4), a lease of the gold, silver, and lead mines of Crawford Muir and Glengoner for twenty-one years. The Edinburgh tradesman probably had the sagacity to see, in a little time, that there was not, in those districts, a sufficiency of the more precious metals to pay the expense of collecting. We find, however, that in 1597 he was working the really valuable lead deposit of Lanarkshire, as there are acts of council in that year for the protection of his lead-carriers against ‘broken men of the borders.’[198]
We shall meet Thomas again. Meanwhile, it may be observed that his lead-mines in time passed through his granddaughter into the possession of (her husband) James Hope of Hopetoun, sixth son of the great lawyer, Sir Thomas, and the founder of the noble house of Hopetoun. It has long been one of the best estates in Scotland; and it is certainly curious to trace its origin to the hypocritical military expedition against the Catholic lords, into which King James was forced by his ultra-zealous Presbyterian subjects, when he would have much rather been ‘drinking and driving ower in the auld maner’ at home.
Whatever became of the gold-diggings in Foulis’s hands, we find that, before the expiration of the term of his lease, they were actively worked by another person. An Englishman named Bulmer, with the licence and favour of Queen Elizabeth, and a patent from the king of Scots, set seriously to work in five different moors--namely, Mannoch Muir and Robbart Muir in Nithsdale, the Friar Muir on Glengoner Water, and Crawford Muir in Clydesdale, and Glengaber Water in Henderland, Peeblesshire. ‘Upon Glengoner Water he builded a very fair country-house to dwell in; he furnished it fitting for himself and his family; he kept therein great hospitality; he purchased lands and grounds round about it; he kept thereupon many cattle, as horses, kine, sheep, &c. And he brought home a water-course for the washing of and cleansing of gold; by help thereof he got much straggling gold on the skirts of the hills and in the valleys, but none in solid places; which maintained himself then in great pomp, and thereby he kept open house for all comers and goers; as is reported, he feasted all sorts of people that thither came.’ A verse upon the lintel of the door of the house in Glengoner has been preserved:
Sir Bevis Bulmer built this bour, Who levellèd both hill and moor; Who got great riches and great honour In Short-cleuch Water and Glengoner.[199]
[Sidenote: 1593-4.]
Bulmer also set regular apparatus at work in Short-cleugh Water and Long-cleugh Braes, in Crawford Muir, and often found considerable quantities of the ore: in the latter place, his people found one piece of six ounces’ weight within two feet of the mosses. He also found a considerable quantity in Glengaber, but erected no apparatus there. After a persevering effort, he became embarrassed, in consequence, it is affirmed, of prodigal housekeeping, and retired from the adventure no richer than he commenced it.
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[Sidenote: FEB. 19.]