him, he was too good a friend, and was myndful of those whom he believed would be very litle so of him; but if these men turned frendly, and changed ther way, he could be als ready to doe them kyndneeses as they would be to merit them. This particular passadge they were informed of, as also of ane other lyke it which passed betwixt My Lord Portland and Collodin; but no argument, reasone, or temp tatione of favour, could prevail with them to trust the King, or condescend to give any money, until he had granted them the outmost of there desyres; particularly until he had subjected this bench of Session to the pleasure of the Parliat. It was told, that then the Parliament would breake if they continued so obstinat; to which it was answered, let it break in a word, ther was first ane indifferancie shown whither it brok or not, which within a very few days improved itself to ane apparent desyre in sealls to have it broken. However, the soberer part of the Parliat, finding that if it came to break they should lose the prospect of their Church Government, restranratione of forfeitries, abolishing of the articles, and inlarging the Barrons' Bench; nay not only lose the expectatione of these, but perhaps fall into (God knows what) greater mischeiffs; either by the want of the Parliat, or by getting ane ill one; they positively conclude with Polwart and Collodin to accept of the King's offer at present, provyd for the army in the mean tyme, and hope for better things in tyme to come; which gave Polwart and Collodin ground, from tyme to tyme, to acquaint the King, and assure him that he might safely suffer the Parliat to sitt. In confidence of what they assured the King of, my Lord Secretarie Melvill, whe was sent down with a commissione to hold the Parliat, how much he demurred upon it through diffidence of the strenth of y' partie that was to be for him, was visibly seen; he had mens promises and assurances to act according to the proposalls made by Polwart and Collodin; bot the boisterous noyese of a contrar partie, who had brought in all the Jacobits to be ther abettors, did so discouradge him, that he wold not adventur upon a Parliat without furder assurances, and therefore adjorned it once and againe for å tyme. It was this diffiddence of my Lord Melville that induced the Members to write and signe conjunctly a declaratione of ther mind, how they meaned to proceed in the House; which paper, in a mock, was termed the clearing. However, when that clearing had made a considerable progress, so as to assure the Commissioner, in termes which could not afterwards be denyed, as verball promisses might be, he adventured to lett the Parliat sitt; and as he adventured to lett it sitt, had he also but adventured to tell that he meant and was free to doe the things which really thereafter he did, he had brok the neck of oppositione the very first day; but his diffident tugging in smaller matters keept life in a contrary partie, which had no force but what it borrowed from jealousies that good men had, whether the Commissioner wold doe these things that were promised in his behalf, or not. With what difficultie did the articles goe off! yet in the end they went. How long stuck the supremacy upon a needles notion! yet it passed; and every thing that was brought in agitatione was besett with difficulties; as, particularly, the Government of the Church. But, blessed be the Lord! that is so setled, that the Ministers are pleased the patronadges are taken off, to the satisfactione of both Ministers and people; forfaulturs and fynes reduced, to the comfort of the oppressed; the Barons' bensh inlarged, to the satisfaction of the freeholders; the Parliat vindicat from the bondage of constant Committies; and seall of things done, which if the Parliat had not sitten perhaps had never been done. Se that it is a wonder how men, who have been eye-witnesses to what UU 2 is is past, can say that it had been better the Parliat had not sitten; whereas it is so evident, that had it not sitten we had lost what we now have (perhaps for ever), and fallen in inevitable misery; and, indeed, it was ten to one that it did sit; for if Polwart had not been at London to inform the King right, it had not sitten; or if, after he came down to Scotland, he had joyned with Skellmorly, and those oỹ Gentlemen, in ther ways of pressing affairs, which is the great objection in some mens mouths (without considering Skellmorly's meaning), it had never sitten. If the Commissioner, after he came doun, had not found himself assured that the Parliat members wold be satisfied with the King's offers, it had never sitten; so that, as it is evident that all the good we have is by the sitting of that Parliät, it is also evident, that it had never sitten if it had not been for Polwart's endeavours. And in so far as Skelmorly was oy' ways engadged, and did not joyn in the same course with Polwart, I reckon that, both in him, and all that went his way, a step verie far wrong; and had they known all that was at bottom with him, I have the charitie to think that few or none of them had gone his way. Ther is nothing that this Parliatt is disappointed of from the King, but in that of the constant President; nor is ther any thing the King is disappointed of from the Parliat but that the money is paid in four years which ought to have been paid in two. And I ame confident, neither King nor Parliat are to be blamed for either of these two wrong steps; for they are both my Lord Melvill's, and are indeed two master-pieces of needless mishapp to him, for each of which I am sure he is doeing pennance this day. To vindicat the King as to the constant President, it is well known how he made Stair a Viscount with no other designe but to invite him to demitt. He also gave way to the Parliat's proposal, anent no nobleman's being ane ordinary Lord of Session. He thought the Parliat had voted that act, and woundered since why they did it not; but it stood at my Lord Melvill, who, had he given way to that, then perhaps he had not had the master of Stairs to be his conjunct Secretary now. As to the divyding of the Cess in so many termes, the Parliat was not to blame for that; for 1° att granting of the 27 months, they offered to pay it in two years; but my Lord Melvill stopt that, and took a retentione money; delaying the Cess for four years; (2) the error of his retentione money being quickly seen, and the Parliat called de novo to rectifie it, they offered yet to pay the cess in two years, and give four months more payable at that Martimass, in lieu of the retentione money, which was not worth six pence in the terms it was granted. But my Lord Melvill had the mishapp to marr that also, by rejecting the proposall, and taking the chimney money in place of it; which, being ineffectual as to the maintaineing of his forces, brought him to be highly misconstructed by the Inglish statesmen, who found that he had slighted the tymous payment of the Scotts supply meirly (as he had once ingadged so) to keep the Scotch forces upon Inglish pay, which rendered those Inglish statesmen active in procuring him a conjunct; and in the mean time he's left Scotland to lett its own poynts hold up its own hose; which can never be well done till the Parliät accellerat the termes of the cess; and which the Parliat wold doe with the better will, that the constant President were taken away, which is very easy for the King; and therefor let honest men hope that, when the King letts the Parliat meitt, both ther interests so much requiring it, they will doubtlessly please ane another to which I am sure every honest man will say Amen. Our present condition being such now as it is, by what is said any man may satisfie himself how and by whose means it comes to be so. 1° Our first wrong step was, the refuseing to clame it as our right, that the King should not name the persons to publick trust but with the consent of Parliat. The occasione occasione of this error was doubtlessly the Duke of Hamiltoun, and some others who opposed it, such as Crafurd, Melvill, &c. 2°. The second wrong step was, the sending up S' John Dalrymple, instead of S William Hamiltoun; for which S W" himself was first to blame, and then Grant, Brodie, Ormistoun, &c. who were obdurately blind in it, and would not open their eyes to see the error of it.. 3°. The 3d wrong step was, the sending up of only one of a state, with the offer of the Crown; for which the Duke and Skellmourly, or rather Skellmorly alone, was to blame. 4. The 4th wrong step was, the makeing of the incapacitation act too extensive; or els we might easily have been quit of some few persones who are lyk to be burdensome to us now. For this, want of witt in the contryvers of the act is to be taxed, rather than any designe. 5°. The 5th wrong step of honest men (for it is the wrong steps of such only that I reckon) was, y not waiting of the King's pleasure, while either he should receive y' Address in private, according to his promise, or els refuse it; for which I think Skellmorly was mainly if not only to blame. 6°. The 6th wrong step was, not joyning in frankly with Polwart in April 1690, and keeping one intire way, which was phesible, when they found ther own way was impossible. This is rescinding from what was at the bottom, for which I' morly only was to blame. suppose Skell 7°. The 7 wrong step was, the not putting Grant's act to the vote; for which my Lord Melvill only was to blame, who hindered it, and no other bodie. 8°. The 8th wrong step was, the refuseing of the 28 months cess payable in two years and four months more at Martimes last, for a pityfull chimney money; for which also my Lord Melvill was to blame. May the Lord put a good occasione in their hands for rectifieing the two last errors, which may be easily done; as for the rest, they are irremediable, No. CCCLXVII. Memorandum anent the Viscount of Tarbat. [1701.] 1". The Viscount of Tarbat, in the yeare 1663, fell in disgrace with the King and Court, for contriveing of the Act of Billeting; and did run a risque of being declared incapable of publick trust. 2. After haveing confined himself severall yeares at home, he changed his side, and solicite earnestly for Lawderdail's favore; whoes answer was, that there was nether grace, mercy, nor peace for him: yet when the House of Hamiltoune became heavie upon Lauderdaile, he passed from his prejudice agst Tarbat, received him into favor, and made him Justice Generall. 3. The prosecution against the Presbytirians turning hot, Tarbat became a notable deviser of mischief agst them; for which he was made Clerk Register. It was he that found out the way of puting men to death for silence; and of shooting of men on the highways without either process, jurie, or record; for which services, it appears, he got a pension from King Charles II of £400. sterling yearly dureing life; to be paid him out of the crown-rent of Ross. 4th. In King James his time, he was a member of that secret committee who were for introduceing of popery, and takeing away the penall statuts (which he tearmed sanguinarie sanguinarie laws); doeing his outmost for abolishing of them, and thereafter was the contriver of a letter of thanks to King James, for assuming the dispenceing power by his proclamation to that purpose. 5th. By these things he had become so odious to the nation, that upon the revolution he was possessed w' terrour, and stood up in Parliamt confessing his sins, and that he had been ane ill man; crying out, was there no mercy for a penitent siner? and proffering to confine himself at home for the rest of his days, provyding the Parliat would but spare his life and fortune, which he acknowledged he merited to lose because of the many ill things that he had had a hand in, &c. Yea, so strong were his convictions, that, notwithstanding of all the comfortable promises he had from the D. of Hamiltoun, he disguised himself and fled to England upon the night. 6th. What services Tarbat hes done to King William we know not; but he was verie quickly made of his Councill and Exchequer; and then reponed to the office of Register, which in anno 1696 he made offer to demit, because it was invidious in his person, whom the countrie partie look'd upon with so ill an eye; suposeing by such a piece of self-deniall to engage the King the more to him. But the King, not understanding him fully at first, took him at his word, which made him go to court, and show all his shapes, whereby he's obtained from the King as follows: Item, having got a gift of recognition of the estate of Cromerty, which estate had ane heritable jurisdiction of Shirefship over two parishes, the Viscount of Tarbat obtains from the King a patent for adding his Lop's other estate within the shire of Ross to the said heritable jurisdiction of Cromerty: upon which ground the Viscount has taken in a great pairt of the shyre of Ross, even from the East Sea Bank to the West, under a pretence of property, superiority, reversion, or other tytle; so that its hard to know what belongs to the Royalty, or what to his Lop, which spoills the administration of justice there, for non in Ross knowes when to execute ane inhibition. ́ 2o. He has got from King William à ratification and possession of the £400. sterling out of the croun rents of Ross; which was given him by King Charles as a reward of prosecution; and of that fund he's already received £24,000. Scots. 3d. He is just now, by means of the D. of Queensberrie, to obtain a discharge of his own few duety, amounting to 15 chalders victuall, and 700 merks of money; and this by and all over the 400lb. sterling pension. 4th. The D. of Queensberrie has also undertaken to get him a gift of the Chamlanrie of Ross, which hes a thousand pounds Scots of sellary anexed to it; and he to count to the Excheq' for the superplus, &c. 5th. In ordinary yeares the croun rents of Ross, according to the exchequer fiers, will be litle (if any at all) beyond 7000l. which will not compleat all the Viscount's pretences; so that he will have nothing to count for, unless it be in time of great prices, which the King and his thesaurie may probably forget to crave. 6th. The Viscount hes also obtained a gift of his Majestie of all that pairt of the bishop's rents of Ross which were payed out of his Lop's interest, either in possession or reversion; which, I ame told, amounts yearly to 300 bolls of beare, or thereby; nor doe I question, if the King had any more in Ross to give, but his Lop wold be at it. If the Viscount get the Chamlanry, it may be easily believed that he will not readilie count for any superplus; for if his own few duety be discharged, there will be nothing to count upon; in which case he will undoubtedly cause the fewers pay the bolls, without regard to the exchequer fiers, as the former chamerlans did; and then his emolu. ments may be as follows: Item, 2130 bolls victuall; for which, according to his manadgement, he may draw ten merks per boll communibus annis (for he does no less for the rest of his estate); tuentie one thowsand and three hundred merks more of money rent; tuo thousand seven hundred and fiftie-four merks: which makes his emolument above tuenty-four thousand marks a yeare, by and allover his heritable jurisdiction. Saveing his Majestie's pleasure, it were better to hold things as they are, and not take away his incouradgement who serves in the chamlanry; nor put the superplus of the croun rents out of the thesaurie's hand, which might serve for a farr better use in payeing pairt of those mony precepts wherewith the King meant to gratifie some who has done him acceptable service; which is certainly better then to put all in the hands of a man repute as he is, who so very lately sought no more favour but his lyffe. No. CCCLXVIII. The Earl of Sutherland to the Laird of Culloden. Dunrobin, 15th June 1704. I CANNOT express, dear Sir, the surprize and sorrow that the account of your father's death gave me. At the same time, it is not only a loss to his relations and friends, but to all honest men and his countrey at this juncture, when men of prudence & sense were never more needed or wanted. I long to hear how you and your worthy mother, and others of the family concerned, are, under so sudden and unexpected as well as great loss which I hope, as Christians, you will submitt to, as coming from a high hand, by whose mercy it is that we are continued in the land of the living, and who has been so good as to give you some former warnings, by some fitts of sickness your father took, soe as to expect the worst some time. Excuse this freedom, coming from the sincere heart of, Copy of a Letter laid before the Lords Justices. The Manner of proclaiming the King at Inverness. THE Shirriff Depute & his Clerk came to the Cross when all the honest people in town were at church att the weekly sermon. The Shirriff caused his Clerk read the proclamation; and one of his officers repeated the words after him. Some of the magistrates were present, mocking the Shirriff; and when the Clerk ended the reading, and cryed God save the King, the magistrates, and some they had present for that purpose, cryed, God damne them and their King. When the Whiggs came from church, and heard the news, they came to the magistrates and expostulate w' them, for not having the usual solemnity on this occasion. Att which the magistrates were much, |