IV
Allusion having been made often, in the course of these memoirs, to the process of “serving oneself heir” to an estate, in Scotland: the following document,424 shewing the form of such a process, may not be deemed uninteresting.
Claim for William Maxwell, Esq. of Carruchan, who served heir-male in general of Robert, Fourth Earl of Nithisdale.
“Honourable persons and good men of Inquest: I, William Maxwell, of Carruchan, who was son of Captain Maxwell of Carruchan, who was son of Alexander Maxwell, of Yark and Terraughty, who was son of the Honourable James Maxwell, of Breckonside, immediate younger brother of John, third Earl of Nithisdale, who was father of Robert, fourth Earl of Nithisdale, say unto your wisdoms, that the said Maxwell of Nithisdale, nephews of my great-great-great-grandfather, died in the faith and peace of our Sovereign Lord the King then reigning, and that I am nearest and lawful heir male in general to the said Robert, fourth Earl of Nithisdale, the nephew of my great-great-great-grandfather, and that I am of lawful age. Therefore I beseech your wisdoms to serve and cognesce me nearest and lawful heir male in general to the said deceased Robert, fourth Earl of Nithisdale, and cause your clerk of the Court to return my service to your Majesty’s Chancery. Under my seal,
“According to justice and your wisdom’s answer, &c. &c.”
Footnotes:
1 Nisbet’s Heraldry, part iii. p. 205.
2 In the Life of the Marquis of Tullibardine, vol. i.
3 See Nisbet’s Heraldry.
4 Nisbet’s Heraldry, part iii. p. 206.
5 See a MS. Account of the Highlands of Scotland, British Museum, King’s Library.
6 “Case of the Forfeited Estates, in a letter to a certain noble Lord. London, 1718.”
7 Wodrow’s Analecta, vol. iii. p. 232.
8 See Appendix, No. 1. for a curious original letter from Mr. Spence; for this document I am indebted to my brother-in-law, Samuel Coltman, Esq. It was in the possession of his mother.
9 “Genuine Memoirs of John Murray, Esq. London, 1746.”
10 “Maxwell of Kirkconnel’s Narrative,” p. 4.
11 Life of James Murray, Esq.
12 See Atholl Correspondence. Printed for the Abbotsford Club.
13 Home, p. 31.
14 Narrative, p. 1.
15 Life of John Murray, Esq., p. 22.
16 See Stuart Papers, in Dr. Brown’s History of the Highlands.
17 Life of J. Murray, Esq., p. 11.
18 This disposition, observes a modern Historian, was inherited both by Charles Edward and his brother from their mother, the Princess Clementina, who devoted herself, during the years of their infancy, to their welfare with unceasing care.—Histoire de Charles Edouard, par Amedée Pichot; tome première, p. 265.
19 Life of Sir Robert Walpole, vol. ii. p. 490.
20 Ibid. p. 492.
21 Life of Sir Robert Walpole, vol. ii. p. 550.
22 The Prince took off at the same time the interdict which had passed against any of Lord Orford’s family appearing at his Court.
23 Maxwell’s Narrative, p. 13.
24 See State Trials by Howell, vol. xviii. p. 661.
25 Maxwell, p. 14.
26 Memoirs of the Chevalier Johnstone, p. 19.
27 Chevalier Johnstone’s Memoirs. Translated from the French, p. 121.
28 See Introduction to the Chevalier Johnstone’s Memoirs.
29 The Highlands of Scotland Described, MS. British Museum, 1748.
30 See Forbes’s Jacobite Memoirs, p. 30.
31 One thousand is mentioned by the Chevalier Johnstone; two thousand, in other authorities. The Prince himself wrote to his father (Sept. 10th, from Perth), “I have got together 1300 men.” Forbes, note, p. 32.
32 Johnstone’s Memoirs, note, p. 11.
33 Tales of a Grandfather, 3rd Series, vol. ii, p. 284.
34 Forbes, p. 31.
35 Lord Mahon.
36 Maxwell, pp. 56, 57; also Tales of a Grandfather, 3rd Series, vol. ii. p. 285.
37 I adopt this expression of Sir Walter Scott in the Tales of a Grandfather (vol. ii. 3rd Series, p. 205), which seems to imply some doubt on the subject.
38 History of the Rebellion. Taken from the Scots Magazine, p. 36.
39 Life of Murray of Broughton, p. 31.
40 Maxwell’s Narrative, p. 56.
41 Forbes. Note, p. 32.
42 Lord George Murray’s Narrative. Forbes, p. 39.
43 British Chronologist, vol. ii. p. 397.
44 Forbes, p. 41.
45 Forbes, p. 42.
46 Henderson’s History of the Rebellion, p. 88.
47 Ibid.
48 Henderson. Maxwell of Kirkconnel.
49 Forbes, p. 43.
50 Forbes, p. 46.
51 Border Antiquities, by Sir Walter Scott. No. iv. vol. i.
52 History of the Rebellion, from the Scots Magazine, p. 35.
53 True Patriot, a weekly periodical, December 17, 1745.
54 General Advertiser, 1745.
55 Forbes, p. 47.
56 Maxwell, p. 53.
57 The True Patriot, December 10, 1745.
58 Jacobite Correspondence, p. 3.
59 Ibid. p. 41.
60 Ibid. p. 30.
61 Jacobite Correspondence, p. 48.
62 Jacobite Correspondence, p. 67. Duke of Atholl to Lord George Murray.
63 Jacobite Correspondence, p. 114.
64 See Correspondence.
65 Henderson’s Hist. Rebellion, p. 129.
66 Maxwell.
67 Chambers.
68 Home.
69 Maxwell’s Narrative, p. 61.
70 Ibid.
71 Chevalier Johnstone, p. 42.
72 Chambers, Hist. Rebel. People’s edition, p. 49.
73 Chambers, p. 50.
74 Lockhart Papers, vol. ii. p. 455.
75 Jacobite Correspondence of the Atholl Family, p. 141.
76 Chevalier Johnstone, p. 43.
77 Border Antiquities, by Sir Walter Scott, p. 40; also Maxwell’s Narrative, p. 63.
78 Hutchinson’s History of Cumberland.
79 Lockhart Papers, vol. ii. p. 457.
80 General Advertiser for 1745.
81 Jacobite Memoirs, p. 49.
82 Forbes’s Jacobite Memoirs, p. 49.
83 Forbes’s Jacobite Memoirs, p. 50.
84 Forbes, p. 51.
85 Forbes, p. 52.
86 Forbes, p. 53.
87 See Lockhart, vol. ii. p. 456; also Lord Mahon, vol. iv. p. 428, note.
88 Maxwell, p. 67.
89 Maxwell says 4400 men. Two or three hundred were to be left in Carlisle, p. 68.
90 Johnstone’s Memoirs of the Rebellion, p. 45.
91 Baines’s History of Lancashire, II, 68.
92 General Advertiser for 1745-46.
93 Maxwell, page 68.
The following is a List of the Chevalier’s officers and troops, taken from the History of the Rebellion, extracted from the Scots’ Magazine for 1745 and 1746, p. 60. This List makes the amount of the forces considerably greater than the statement given elsewhere.
A List of the Chevalier’s Officers and Troops
| Regiments. | Colonels. | Men. |
| Lochyel | Cameron of Loch. | 740 |
| Appin | Stuart of Ardshiel | 360 |
| Atholl | Lord G. Murray | 1000 |
| Clanronald | Clan, of Clan., jun. | 200 |
| Keppoch | Macdonald of Keppoch | 400 |
| Glenco | Macdonald of Glenco | 200 |
| Carried forward | 2900 |
A List of the Chevalier’s Officers and Troops — Continued
| Regiments. | Colonels. | Men. | ||
| Brought forward | 2900 | |||
| Ogilvie | Lord Ogilvie | 500 | ||
| Glenbucket | Gordon of Glen. | 427 | ||
| Perth, | Duke of Perth (and Pitsligo’sfoot) | 750 | ||
| Robertson | Robertson of Strowan | 200 | ||
| Maclachan | Mac. of Maclachan | 260 | ||
| Glencarnick | Macgregor | 300 | ||
| Glengary | Macdonald of Glen., jun. | 300 | ||
| Nairn | Lord Nairn | 200 | ||
| Edinburgh | John Roy Stuart (and Lord Kelly’s) | 450 | ||
| In several small corps | 1000 | |||
| Horse | {Lord Elcho | } | ||
| {Lord Kilmarnock | } | 160 | ||
| Lord Pitsligo’s Horse | 140 | |||
| Total | 7587 | |||
94 “My grandfather,” says General Stuart, “always wore tartans; truis, and with the plaid thrown over the shoulder, when on horseback; and kilt, when on foot; and never any other clothes, except when in mourning.” App. XXII.
95 Sketches of the Highlanders, by General Stuart of Garth. Vol. II. App. XXII. Also note.
96 See the True Patriot, under the head Apocrypha, 1745.
97 Stuart’s Sketches, II. 76.
98 Tales of a Grandfather, iii. 398.
99 General Stuart’s Sketches of the Highlanders, p. 67.
100 State Trials, vol. xviii. p. 686.
101 John Sobieski Stuart.
102 Vestiarium Scoticum, p. 100, note. Edited by John Sobieski Stuart.
103 These observations are all taken from the Notes to the Vestiarium Scoticum, a beautiful work, extremely interesting, as being written by the hand of a Stuart, and full of information.
104 Maxwell, p. 70.
105 Baines’s History of Lancashire, iv. 69.
106 Tales of a Grandfather, iii. p. 98.
107 Maxwell, p. 71.
108 Tales of a Grandfather.
109 Baines’s Lancashire, ii. p. 71; also iii. p. 254.
110 Gentleman’s Magazine, vol. xv. p. 644.
111 I omit Horace Walpole’s exact expression, which is more witty than proper.
112 Sketches of the Highlanders, by General Stewart, vol. ii. p. 257; also Georgian Era, pp. 56, 57.
113 Brown’s Hist. of the Highlanders, vol. iii. p. 197.
114 General Stewart, p. 233.
115 Ibid. p. 246.
116 Maxwell, p. 71.
117 Chambers’s Hist. of the Rebellion; Edition for the People, p. 54.
118 Glover’s Hist. of Derbyshire, vol. i. p. 32. There is, in Ashbourn church, an exquisite monument, sculptured by Banks, and supposed to have given the notion of the figures in Lichfield Cathedral to Chantry. A young girl, the only child of her parents, Sir Brook and Lady Boothby, reposes on a cushion, not at rest, but in the uneasy posture of suffering. On the tablet beneath are these words: “I was not in safety, neither had I rest, and the trouble came.” To which were added; “The unfortunate parents ventured their all on the frail bark, and the wreck was total.”—A history and an admonition.
119 Maxwell, p. 72.
120 Extract from the Derby Mercury. Glover’s Hist. of Derbyshire, vol. ii. p. 1 to 420.
121 Glover, vol. ii. pt. 415; from Hutton’s Derby.
122 Glover, vol. ii. pt. 1. p. 240.
123 Glover, vol. ii. pt. i. p. 421. From the Derby Mercury, the first number of which was issued March 23, 1732, by Mr. Samuel Drewry, Market-place. Appendix to Glover’s Hist., 616.
124 Probably the house wherein Lord George Murray was lodged, belonged to a member of the Heathcote family, of Stoncliffe Hall, Darley Dale, Derbyshire.
125 Tales of a Grandfather, iii. p. 103.
126 Maxwell, p. 73.
127 Lord George Murray’s Narrative, Forbes, p. 55 and 56.
128 Maxwell of Kirkconnell, p. 74.
129 Chevalier Johnstone, p. 51.
130 Ibid. p. 52.
131 Chambers, p. 56, and Lord Elcho’s MS.
132 Maxwell, p. 75.
133 Maxwell, p. 75 76.
134 Maxwell, p. 76.
135 Chevalier Johnstone, p. 157.
136 Lord Mahon’s History of England, vol. iii. p. 445.
137 General Stewart’s Sketches, vol. ii. p. 263.
138 Lord Mahon, vol. iii. p. 446.
139 Tales of a Grandfather, vol. iii. p. 107.
140 Jacobite Memoirs, p. 57.
141 Such is the account of a writer in the Derby Mercury, see Glover’s History of Derby; but this statement is at variance with Lord George Murray’s Journal.
142 The Grandmother of the Author.
143 Tradition.
144 Glover, vol. ii. pt. i. p. 422.
145 Lord Elcho’s MS.
146 Glover, vol. ii. pt. i. p. 422.
147 Maxwell, p. 80.
148 This account is taken from Maxwell’s narrative, p. 84 and 85; and from the Chevalier Johnstone’s Memoirs, p. 60 and 61.
149 Jacobite Mem. p. 71.
150 The Hussars, under the command of Lord Pitsligo, had gone off to Penrith.
151 Jacobite Mem. p. 72.
152 Note to General Stewart’s Sketches, vol. i. p. 58.
153 Maxwell.
154 Jacobite Mem. p. 62.
155 Maxwell, p. 88.
156 Tales of a Grandfather, vol. iii. p. 125.
157 Jacobite Mem. p. 74.
158 Johnstone, p. 75.
159 This statement tends somewhat to disprove the assertion that Roman Catholic priests occupied the pulpits at Derby, made in the papers of the time. See p. 136
160 Maxwell.
161 Johnstone, p. 82.
162 Maxwell p. 103.
163 Lord Murray’s Narrative, Forbes, p. 88.
164 General Stuart, I., p. 78.
165 Forbes; note, p. 94.
166 Chambers’s Hist. of the Rebellion, p. 70.
167 Tales of a Grandfather, iii. 166.
168 Forbes, p. 100. Maxwell, p. 115. See, also, for the references to the last eight pages, Lord Mahon, Henderson, Chambers, and Home.
169 Scots’ Magazine, p. 138.
170 Atholl Correspondence, p. 163. et passim.
171 Tales of a Grandfather, vol. iii. p. 176.
172 Maxwell, p. 131; also Forbes, p. 193.
173 Lord George Murray’s Journal. Forbes, p. 166. Johnstone’s Memoirs, p. 116. Maxwell, p. 133.
174 According to Lord Elcho’s account (MS.), ten or twelve only were killed, and the rest taken prisoners.
175 Forbes’ Johnstone.
176 Grant of Rothiemurcus.
177 Atholl Correspondence, p. 211.
178 See vol. i.—Life of the Marquis of Tullibardine.
179 Lord Elcho’s MS.
180 See a very curious account of the Siege of Blair Castle, written by a subaltern officer in the King’s Service. Scots’ Magazine for 1808.
181 Forbes, p. 108.
182 Scots’ Magazine, p. 33.
183 Ibid.
184 There was one horse which seemed endowed with supernatural strength, for when, eventually, the Castle was relieved, the horse, which had been shut up without forage, was found, after eight or ten days of abstinence, alive, and “wildly staggering about” in its confinement. It was afterwards sent as a present by Captain Wentworth, to whom it belonged, to his sister in England.
185 See Forbes, p. 108, 109.
186 Jacobite Correspondence, p. 217.
187 Jacobite Correspondence, p. 218.
188 Maxwell, p. 13.
189 Maxwell, p. 134.
190 These circumstances will be fully detailed in the Life of the Duke of Perth.
191 Maxwell.
192 Colonel Ker’s Narrative, Forbes, p. 140 and 141.
193 Lord Elcho’s MS.
194 Maxwell, p. 153.
195 Lord Elcho’s MS.
196 Colonel Ker’s Narrative, p. 142.
197 Lord G. Murray’s Account, Forbes, p. 124.
198 Lord Elcho’s MS.
199 Lockhart, vol. ii. p. 533.
200 Atholl Correspondence, p. 221.
201 Brown’s History of the Highlands, pt. v. p. 261.; from the Stuart Papers.
202 See Stuart Papers. Brown, passim.
203 Stuart Papers; from Dr. Brown.
204 Secretary to the Chevalier St. George.
205 Stuart Papers. Appendix. Brown, p. 95.
206 Chambers. Ed. for the People, p. 141.
207 Genealogy of the Most Noble and Ancient House of Drummond. By a Freind to Vertue and the Family.—Unpublished.
208 The office of Thane or Seneschal was, to be the Giusticiare or guardian of that country; to lead the men up to the war, according to the roll or list made out; and to be collector for the Athbane of the kingdom for the King’s rents in that district. The Athbane was the highest officer in the kingdom—Chief Minister, Treasurer, Steward. The Thanes were next to the Athbanes, and were the first that King Malcolm advanced to the new title of Earls.—See Lord Strathallan’s Genealogy of the House of Drummond.
209 Genealogy of the House of Drummond, 139.
210 Amongst his other literary efforts, Drummond of Hawthornden left a MS “Historie of the Family of Perth.”
211 Lady Willoughby D’Eresby is heiress to the estate of Perth, and representative in the female line of the Earldom of Perth in Scotland and of the Dukedom in France. At the same time that the Dukedom of Perth was created, the last Earl’s brother was created Duke de Melfort. His descendants are, therefore, the male representatives of the Earldom of Perth, and George Drummond Perth de Melfort in France is now claiming the title. (Letter from Viscount Strathallan, to whose courtesy I am indebted for this information.)
212 “Reducing.”—Editor
213 Memoirs of Sir Ewen Cameron of Lochiell.
214 The title of Duke was afterwards assumed by the young chief of the House of Drummond, and was given to him by the Jacobites generally; but, in consequence of his father’s attainder, and the forfeiture of his title, he was, in the eye of the law, simply a commoner. Hence he is described by Home as “James Drummond, commonly called Duke of Perth, his father having been so created by James the Second at St. Germains.” The right of the Duke to this dignity was at that time, and it still is, recognised in France. Without entering into the merits of the question of right, and to prevent confusion, it is therefore expedient to designate this Jacobite nobleman by the name usually assigned to him in his own time.
215 Forbes’s Jacobite Memoirs, p. 296.
216 Wood’s Peerage.
217 Curious Collection of Scottish Songs; Aberdeen, 1821.
218 Henderson, History of the Rebellion of ’45, p. 19. 1753
219 Memoirs of Lochiell, p. 30.
220 History of the Rebellion, p. 35.
221 Lord Elcho’s Narrative, MS.
222 See the History of the Rebellion, by Rae; and the Cochrane Correspondence.
223 Maculloch’s Highlands.
224 Forbes’s Jacobite Memoirs, p. 17.
225 Henderson, p. 30.
226 Henderson, p. 30.
227 Chambers’ History of the Rebellion; Edit. for the People; p. 19.
228 “History of the Present Rebellion in Scotland, 1745. From the relation of Mr. James Macpherson, who was first in the service of the Rebels.”
In contradiction to this statement, to which Macpherson adds, that the Chevalier attended Mass daily, the testimony of one of the daily papers (the Caledonian Mercury) may be given, as inserted by Mr. Chambers in his very interesting History of the Rebellion of 1745. The Prince visited an Episcopal chapel; the name of the clergyman, Armstrong, and the text, Isaiah xiv. 12, are specified. It was the first Protestant place of worship that the Prince had ever attended. Hist. of the Rebellion, p. 21.
229 History of the Present Rebellion, p. 19.—It is remarkable that two Histories of the two rebellions were composed by men who had changed sides. That of 1715 by Patten, who was rewarded for his disclosures, as King’s evidence, by a pension. What reward was bestowed on Mr. James Macpherson does not yet appear.
230 History of the Present Rebellion, p. 26.
231 Notes and Observations taken from MSS. in the possession of A. Macdonald, Esq., Register Office, Edinburgh.
232 Lord Elcho’s MS.
233 In Exeter House, Derby, there is a portrait of Prince Charles, painted by Wright of Derby, in which the eyes are hazel. That in the Earl of Newburgh’s possession, at Hassop, has blue eyes.
234 Henderson, p. 51. Home, p. 100.
235 Home, 101. Alexander Henderson.
236 Lord Elcho’s Narrative, MS.
237 Henderson, p. 84.
238 Henderson, p. 88.
239 Henderson differs in this account from Home. “Charles,” says the latter, “remained on the field of battle till mid-day, giving orders for the relief of the wounded of both armies, for the disposal of his prisoners, and preserving, both from temper and from judgment, every appearance of moderation and humanity,” p. 122.
240 Lord Elcho’s MS.
241 Maxwell of Kirkconnel’s Narrative, p. 55.
242 Maxwell of Kirkconnel’s Narrative, p. 57.
243 Maxwell’s Narrative, p. 59.
244 Maxwell’s Narrative, p. 46.
245 Maxwell of Kirkconnel’s Narrative, p. 48.
246 Maxwell, p. 65.
247 History of the Rebellion of 1745 and 1746. Extracted from the Scots’ Magazine, p. 99.
248 Maxwell’s Narrative, p. 74.
249 Maxwell, p. 76.
250 Jacobite Memoirs.
251 Lord Mahon is decidedly of this opinion. See Vol. iv. Hist. of England, respecting the Jacobites.
252 Lord Elcho’s MS.
253 Maxwell, p. 80.
254 Maxwell, p. 112.
255 P. 129.
256 Maxwell, p. 140.
257 P. 147.
258 Chambers.
259 Lord Elcho’s Narrative.
260 The estate of Comrie is now in the possession of Sir David Dundas, and the descendant of its former owner, and the Duke’s standard-bearer is reduced to be the landlord of the village inn. See Letters of James Duke of Perth, Chancellor of Scotland. Printed for the Camden Society, and edited by Wm. Jerdan, Esq.
261 The battle, according to the newspapers of the day, lasted about half an hour.
262 Maxwell, p. 154.
263 See Lord Elcho’s MS. Narrative; which, however, since it is written in a bitter spirit, and varies in many details and in most opinions from Maxwell’s, I am not disposed wholly to trust.
264 The traditionary accounts have been collected, in the case of Thos. Drummond, a claimant of the honours and estates of the Earldom of Perth. Newcastle upon Tyne, 1831. I do not vouch for the truth of these anecdotes, but they have an air of probability.
265 Case of Thomas Drummond, p. 18.
266 See case of Thomas Drummond, p. 26.
267 Case, p. 34. Dr. Malcolm had in his book made a different statement; but had contemplated re-publishing his work, with corrections, among which the existence (after 1747) of James Drummond, was to be asserted.
268 For this information, and also for a copy of the case of Thomas Drummond, I am indebted to the kindness of W. E. Aytoun, Esq.
269 In 1816, another appeal, and a fresh claim to the Drummond estates, and to the Earldom of Perth, were brought forward by the descendant of John Drummond, the great-uncle of James, Duke of Perth. The said John Drummond was raised to the dignity of the English peerage in 1685, by James the Second, by the title of Viscount Melfort; in 1686 he was raised to the dignity of Earl of Melfort; and afterwards, following the monarch to St. Germains, was created Duke of Melfort.
The great-grandson of the Duke of Melfort was a Roman Catholic priest, who officiated some years back at the chapel in Moorfields; he was living in 1831 in France, at a very advanced age.
The pamphlet in which, in 1816, he asserted his claim, and which was laid before the House of Lords, was professedly written “by an unfortunate nobleman;” with the appeal of Charles Edward (Drummond), Duke of Melfort, heir male, and chief representative of the House of Drummond of Perth, submitted to the United Kingdom of Great Britain, &c., 8vo., London, 1816.
270 Lord Elcho’s MS.
271 For the copies of these epitaphs I am indebted to Robert Chambers, Esq. This is that gentleman’s account of the inscriptions:—
“The within is a correct copy of the inscription, as entered in Bishop Forbes’s MS., vol. 9, dated on title page, 1761. The entry of inscriptions is immediately subsequent to a copied letter or memorandum of May, 1764, and antecedent to one of November, 1765.
“Fama perennis, lauru porrecta, vetat mori
Principes immaculatis Proavum honoribus dignos.
Hoc Elogium,
D.D.D.
T.D. L.L.D.
“N.B.—The above is engraven, all in capitals, on the tomb at Antwerp, with the coat armorial of the family on the top of the inscription.”
The following is the English translation of the originals in Latin, copied from the papers of Bishop Forbes:—
Sacred to the Memory
of
the most illustrious brothers, James and John,
Dukes of Perth,
Chiefs of the House of Drummond,
a very ancient and noble family in Scotland.
James,
the more disposed of the two to the study of Belles Lettres,
excelled in Literature;
was eminent as a favourer of the Fine
and Liberal arts.
Providing for the common good,
he was always a most worthy citizen in peace.
Characterized by the sweetness of his manners,
and distinguished by the strength of his mind,
He ever shone with unstained faith as a friend of mankind.
Great in peace, he was still greater in war,
For when Prince Charles landed in Scotland,
He drew his sword in the cause of the House of Stuart,
Put all other cares aside,
And uniformly looking forward to glory and worth,
He ever gazed with a cheerful countenance on the toils of war:
He was utterly regardless of all danger,
Without want of energy in battle, he was merciful in victory,
Indeed a man of rare occurrence;
At length when the forces of Charles were wasted away,
His native land, his friends, and a very ample estate,
Were all, when weighed in estimation with a mind conscious of right,
Bravely deserted:
Turning his steps towards France, he fled his
Native country.
Oppressed by the troubles of his lot, and the
Heavy misfortunes of his country,
He died on the great ocean,
On the 13th of May, in the thirty-third year of his age;
And his remains, precluded from consecrated ground by adverse winds,
Were given to the deep.
John,
Imbued with a happy turn of mind for military affairs,
From early youth applied himself to the military art.
Brave, intrepid, and firm in purpose,
He was ennobled by gentleness, and softened the asperity of the soldier
by the ease of his manners.
He was placed over the Royal Scotch Legion,
Enlisted by himself,
By the most Christian King,
Louis XV.
Whilst the Civil War was raging in Britain
He led the French Auxiliary Forces,
And after the unfortunate battle of Culloden,
Was a fugitive in the same ship as his brother.
In Flanders, under the General Count Saxe,
He served a long time,
Ever a defence to those under his command,
A remarkable comforter (Learn, O Britons!) in the calamities of war;
Gradually rising to the highest dignities of war,
And seeking to attain the goal of noble glory,
He was carried away by sudden death in the midst of his course,
28th September, A.D. 1747. Aged 33.
272 Edited by W. Jerdan, Esq., M.R.S.L., 1845.
273 Maxwell, p. 166.
274 General Stewart’s Sketches of the Highlanders, vol. ii. p. 5. App.
275 See General Stewart’s Sketches.
276 Chambers. Note, p. 106.
277 Lockhart’s Memoirs, vol. ii. p. 540.
278 Stewart, vol. i. p. 105.
279 Brown’s Highlands, p. 284.
280 Donald Macleod’s Narrative, in Bishop Forbes’s collection.
281 Home, App. p. 45.
282 O’Neil’s Narrative.
283 Brown’s History of the Highlands, p. 285, note, vol. iii.
284 Maxwell of Kirkconnel, p. 178.
285 Chambers’ Traditions of Edinburgh, p. 255.
286 Eglintoune House was situated on the west side of the old Stamp-office Close, High Street. It is now occupied by a vintner.—Chambers’ Traditions, p. 256.
287 Boswell, p. 320.
288 A Genuine Account of the Prince’s escape.—Scots’ Magazine for 1749.
289 Captain Roy Macdonald’s Narrative. Forbes, p. 419.
290 Chambers. Edit. for the People, p. 101.
291 Note in Scots’ Magazine for 1749; from a MS. by Colonel Macalister.
292 Donald Macleod’s Narrative. Forbes, p. 391.
293 Boswell’s Journey to the Hebrides, p. 207.
294 Chambers, p. 102, and note.
295 It was, (be it known, for the gratification of those curious in such matters,) “sprigged with blue.”
296 Jacobite Memoirs, p. 448.
297 Forbes, p. 449.
298 Forbes, p. 413.
299 Curious Tracts in the British Museum, vol. iv. Scotland.
300 Jacobite Memoirs, p. 447.
301 A small isle about eight miles to the westward of South Uist.
302 Forbes. Narrative of Captain Donald Macdonald.
303 Scots’ Magazine for 1749.
304 Note in Chambers’ Memoirs of the Rebellion.
305 Preface to the Jacobite Memoirs by Mr. Robert Chambers, to whom the public owe so much on this and other subjects.
306 Brown’s Hist. of the Highlands, vol. iii. p. 309.
307 Preface to Jacobite Memoirs, xi.
308 Chambers, p. 106. Taken from the Lyon in Mourning, MSS.
309 Boswell’s Tour to the Hebrides.
310 Dr. Johnson’s Tour to the Hebrides, p. 319.
311 Dr. Johnson’s Tour to the Hebrides, p. 217.
312 From the Collection of Charles Kirkpatrick Sharpe, Esq. They were printed, on the occasion of the Queen’s visit to Scotland, in the Edinburgh Advertiser for 1844.
313 So named, in compliment to Sir Alexander Macdonald of Slate, or rather to his wife, Lady Margaret, the friend of Flora Macdonald.
314 This alludes to the attention paid him when young, and under the care of Mr. Mackenzie, by that gentleman and his family.
315 The late Sir Alexander Muir Mackenzie of Delvine, Bart.
316 Wood’s Peerage.
317 Who, adds the same authority, carried azure, a fess chequé, argent and gules: and for their crest, a hand issuing out of a wreath, pointing with the thumb and two fingers: motto, confido; supporters, two squirrels collared or.
318 Reay, 203.
319 Reay, 203.
320 Wood’s Peerage. The defect of the title is the failure of issue male. The title of Livingstone was considered by the same authority as untouched.
321 Ibid.
322 Lockhart Papers, i. 138. Note. Calendar.
323 Memoirs of Lord Kilmarnock. London, 1746, p. 19.
324 Memoirs of the Earl of Kilmarnock, p. 20.
325 MS. Letter presented to me by Mrs. Howison Craufurd, of Craufurdland Castle, Ayrshire.
326 Memoirs of Lord Kilmarnock, p. 21.
327 Horace Walpole’s Letters, ii. p. 113.
328 Foster’s Account, p. 11.
329 Grose, 214.
330 Memoirs of Lord Kilmarnock, p. 23.
331 Life of Colonel Gardiner, by Dr. Doddridge, passim.
332 Doddridge. Life of Colonel Gardiner, p. 155.
333 Henderson, p. 130.
334 State Trials of George II.
335 Maxwell, p. 60.
336 Forbes’s Account, p. 20.
337 Maxwell, p. 50. This Nobleman was at the battle of Culloden.
338 Henderson, p. 332.
339 Henderson, p. 130.
340 Note in Chambers, p. 89.
341 History of the Rebellion, from the Scots’ Magazine, p. 198.
342 Chambers, p. 89. Henderson, p. 334.
343 Observations on the Account of the Behaviour of Lords Kilmarnock and Balmerino, 1746.
344 Ibid.
345 Nesbitt, Heraldry, vol. i. p. 154.
346 “Elphingstone, in the shire of Hadington, and in the parish of Tranent, a village at the distance of three miles S.S.W. from Tranent.”—Edinburgh Gazetteer.
347 Nesbitt, p. 154.
348 Memoirs of Lord Balmerino. London, 1764.
349 Wood’s Peerage.
350 Life of Lord Balmerino, p. 51. Buchan’s Account of the Earls of Keith, p. 149.
351 Scots’ Magazine for 1746.
352 Scots’ Magazine for 1746.
353 Georgian Era.
354 Wood’s Peerage.
355 Maxwell, p. 59.
356 Georgian Era.
357 State Trials, vol. xviii.
358 Edinburgh Gazetteer. Art. “South Leith.”
359 History of the Rebellion from the Scots’ Magazine, p. 302.
360 Horace Walpole’s Letters to Sir Horace Mann, vol. ii. p. 160.
361 Georgian Era.
362 Ibid.
363 State Trials, vol. xviii. p. 466.
364 Observations on the Account, &c., p. 23.
365 Horace Walpole, vol. ii. p. 163
366 Ibid. vol. ii. p. 115.
367 Horace Walpole.
368 See Scots’ Magazine for 1746.
369 State Trials.
370 State Trials.
371 Note. The plea was couched in these words: “July 29th, 1746. It is conceived that the late Act of Parliament, empowering his Majesty to transport such as are taken in arms from one county to another, where they may be tried by the course of the common law, did not take place till after that time, that the facts implying treason, were actually committed by the accused prisoners, and if so, the Grand Jury of Surrey, or of any other county whatsoever, where these acts of treason are not alleged to have been committed, could not, agreeable to law, find bills against such prisoners; and it may, on that score, be prayed, That the indictment be quashed, or that an arrest of judgment be thereupon granted.” What a bitter, though unavailing feeling of regret accompanies the reflection that this benevolent attempt to save the lives of these brave men, was fruitless.
372 Letters to Sir H. Mann, vol. ii. p. 167.
373 State Trials 18, p. 502.
374 H. Walpole, p. 31. Letters to G. Montagu.
375 Walpole’s Letters to Montagu, p. 29. Folio.
376 Letters to Sir H. Mann, vol. ii. p. 167.
377 State Trials, by Hargreaves, pp. 18, 502.
378 Memoirs of the Earl of Kilmarnock and Cromartie, and of Lord Balmerino, 1746.
379 Life of Lord Cromartie, 1746.
380 Buchan’s Memoirs of the House of Keith, p. 143.
381 Walpole’s Letters to Sir H. Mann, vol. ii. p. 171.
382 Foster’s Account, p. 87.
383 For a copy of this letter I am indebted to the kindness of Mrs. Craufurd of Craufurdland Castle, Kilmarnock. The original is in the possession of Martin Paterson, Esq. of Kilmarnock, and is endorsed “Copy of the last Instructions of Lord Kilmarnock to his factor, Mr. Robert Paterson.”
384 Statement.
385 Statement.
386 Mrs. Howison Craufurd, the lady of William Howison Craufurd, Esq., of Craufurdland Castle, Ayrshire. To this Lady I am indebted for much of the information (afforded by her admirable letters) which has been introduced into this Memoir of Lord Kilmarnock. To this lady I addressed an inquiry respecting an original portrait of Lord Kilmarnock. Her efforts to obtain any intelligence of one have been wholly unavailing; and we have been led to the conclusion that, in the fire at Dean Castle, all the portraits of Lord Kilmarnock must have been destroyed; his resemblance, his name, his honour, and his Castle thus becoming extinct at once. At Craufurdland Castle there is a fine portrait of Lord Kilmarnock’s brother, his widow and daughter, painted in oils, after a singular fashion, black and white; giving it a ghastly hue. This perhaps accounts for the local tradition near Kilmarnock, “that on hearing of his brother’s death, Mr. Boyd’s colour fled, and never returned; nor was he ever seen to smile again.” A tradition not difficult of belief.
The present Mr. Craufurd, of Craufurdland Castle, represents also the family of Howison of Bræ-head. In Mrs. Howison Craufurd’s family an amusing circumstance relative to Lord Lovat occurred. He was one evening in a ball-room, and was paying court to the great-grandmother of that lady. As he was playfully examining, and holding in his hand her diamond solitaire, a voice whispered in his ear, “that Government officers were in pursuit of him; and that he must decamp.” Decamp he did, taking with him, perhaps by accident, the costly jewel. The young lady was in the greatest trepidation, and her family were resolved to recover the ornament. Many years after, on his return from France, Lovat, whose character, in no respect, rose above suspicion, was taxed with the robbery, and refunded a sum which gave twenty pounds to each of a host of granddaughters, then in their girlhood.
387 In a letter from Mrs. Craufurd of Craufurdland to the author, this fact is stated. It is mentioned as traditionary elsewhere, but is attested by the family.
388 H. Walpole, vol. ii. p. 167.
389 H. Walpole’s Letters to Mr. Montagu.
390 Foster’s Account, p. 31.
391 Walpole.
392 Ford’s Account in State Trials, p. 18, 522.
393 For the original of Lord Balmerino’s real speech, which is highly characteristic of its author, I am indebted to Charles Kirkpatrick Sharpe, Esq.
“I was brought up in true, loyal, and anti-revolution principles and I hope the world is convinced that they stuck to me. I must acknowledge I did a very inconsiderate thing, for which I am heartily sorry, in accepting a company of Foot from the Princess Anne, who I know had no more right to the Crown than her predecessor the Prince of Orange.... To make amends for what I had done I joined the... (Pretender) when he was in Scotland in 1715, and when all was over I made my escape, and lived abroad till the year 1734.
“In the beginning of that year I got a letter from my father which very much surprised me; it was to let me know he had a promise of a remission for me. I did not know what to do; I was then, (I think,) in the canton of Berne, and had nobody to advise with: but next morning I wrote a letter to the... (Pretender) who was then at Rome, to acquaint the... (Pretender) that this was come without my asking or knowledge, and that I would not accept of it without his consent. I had in answer to mine, a letter written with... (The Pretender’s) own hand, allowing me to go home; and he told me his banker would give me money for my travelling charges when I came to Paris, which accordingly I got. When the... (the Pretender’s son) came to Edinburgh I joined him, though I might easily have excused myself from taking arms on account of my age; but I never could have had peace of conscience if I had stayed at home.... I am at a loss when I come to speak of the... (Pretender’s son,) I am not a fit hand to draw his character, I shall leave that to others. (Here he gives a fulsome character of the Pretender’s son.)
“Pardon me if I say, wherever I had the command, I never suffered any disorders to be committed, as will appear by the Duke of Buccleugh’s servants at East Park; by the Earl of Findlater’s minister, Mr. Lato, and my Lord’s servant, A. Cullen; by Mr. Rose, minister at Nairn, (who was pleased to favour me with a visit when I was prisoner at Inverness;) by Mr. Stewart, principal servant to the Lord President at the House of Culloden; and by several other people. All this gives me great pleasure, now that I am looking upon the block on which I am ready to lay down my head; and though it would not have been my own natural inclination to protect everybody, it would have been my interest to have done it for... (the Pretender’s son) abhorred all those who were capable of doing injustice to any.... I have heard since I came to this place, that there has been a most wicked report spread, and mentioned in several of the newspapers that... (the Pretender’s son) before the battle of Culloden, had given out orders that no quarter should be given to the enemy. This is such an unchristian thing, and so unlike... (the Pretender’s son,) that nobody (the Jacobites) that knows him will believe it. It is very strange if there had been any such orders, that neither the Earl of Kilmarnock, who was Colonel of the regiment of the Foot Guards, nor I, who was Colonel of the second troop of Life Guards, should ever have heard anything of it; especially since we were both at the head-quarters the morning before the battle; I am convinced that it is a malicious report industriously spread to....
“Ever since my confinement in the Tower, when Major White or Mr. Fowler did me the honour of a visit, their behaviour was always so kind and obliging to me that I cannot find words to express it; but I am sorry I cannot say the same thing of a General Williamson: he has treated me barbarously, but not quite so ill as he did the Bishop of Rochester; and had it not been for a worthy clergyman’s advice, I should have prayed for him in the words of David, Psalm 109, from the 6th to the 15th verse. I forgive him and all my enemies. I hope you will have the charity to believe I die in peace with all men; for yesterday, I received the Holy Eucharist from the hands of a clergyman of the Church of England, in whose communion I die as in union with the Episcopal Church of Scotland.
“I shall conclude with a short prayer.”—(Here a prayer is mentioned much the same as in Wm. Ford’s account.)
394 The account which I have given of Lord Kilmarnock’s behaviour and fate, and also of Lord Balmerino’s, is taken from the following works, to which I have not thought it necessary separately to refer. Foster’s Account of the Behaviour of Lord Kilmarnock; and the Vindication of Foster’s Account from the misrepresentations of some Dissenting Teachers: London, 1746. Account by T. Ford, Under-Sheriff at the Execution, in the State Trials, vol. xviii. p. 325. Horace Walpole’s Letters to Geo. Montagu, and to Sir H. Mann. Scots’ Magazine for 1746; and Buchan’s Life of Marshal Keith; also a Collection of Tracts in the British Museum, relating to the Rebellion, 1746, and chiefly published during that year.
395 For both these letters, hitherto unpublished, I am indebted for the courtesy of Mrs. Craufurd of Craufurdland Castle.
396 Forbes’s Life of Beattie, vol. ii. p. 351.
397 Journey to the Hebrides, p. 108
398 Bayley’s History of the Tower, p. 122.
399 “Genuine and Impartial Memoirs of the Life and Character of Charles Radcliffe, wrote by a Gentleman of the Family, (Mr. Eyre,) to prevent the public being imposed on by any erroneous or partial accounts, to the prejudice of this unfortunate gentleman.” London, printed for the Proprietor, and sold by E. Cole, 1746.
400 Hodgson’s Hist. of Northumberland, vol. ii. p. 227, note.
401 Ibid. p. 233.
402 Fever.
403 At Thorndon, the seat of Lord Petre, in Norfolk, are other original letters of Lord Derwentwater, referring to his wife. In most touching terms he thanks the mother of Lady Derwentwater for having “given her to him.” This, and other interesting documents, are highly prized, and consequently carefully preserved by the ancient and noble family to whom they have descended.
404 See Life of Lord Derwentwater, vol. i.
405 Ibid. 14.
406 Secret History of the Rebels in Newgate, 3rd edition, London, 1716.
407 Ibid. p. 8.
408 Secret History.
409 State Trials.
410 For this anecdote, and also for a considerable portion of the materials of this Memoir, I am indebted to the great kindness and intelligence of the Hon. Mrs. Douglas, daughter of the present Lord Petre.
411 Wood’s Peerage.
412 MS. Letter.
413 I must again refer to the information supplied by the Hon. Mrs. Douglas.
414 Life of Charles Radcliffe, p. 25.
415 Letter to G. Montagu, p. 18.
416 State Trials; quoted from the Impartial History of the late Charles Radcliffe, written at the time.
417 Letter to Sir H. Mann, vol. ii. p. 140.
418 A review of the reign of Geo. II. London. 1762.
419 Douglas’s Peerage, Edit. by Wood.
420 Brown’s Hist. Highlands, (Stuart Papers, Appendix) page 491.
421 In my first volume, I have stated that the Earl of Newburgh was the direct representative of James Earl of Derwentwater. (See p. 280, vol. i.) Into this error I was betrayed by an obscure passage in Burke’s Extinct Peerage.
I am indebted to the Hon. Mrs. Douglass, to whom I have before expressed my obligations, for a correction of this mistake, and also for the copy of the pedigree in the Appendix. This lady has also explained the reason why so many accounts have stated that the body of James Earl of Derwentwater was interred in St. Giles’s Church-yard. His body was privately removed to Dagenham Park, in Essex, a house his Countess had hired in order to be near London. A report, meanwhile, was circulated by his friends that he had been buried in St. Giles’s; and, when no further danger of tumult was to be apprehended, the remains of the Earl were deposited with his ancestors in the vaults of the chapel at Dilstone.
The mother of the present Mr. Howard, of Corby Castle, and sister of Sir Thomas Neave, Bart., has often related to her young relations, that when she and her sisters were children, they were afraid to pass at night along the gallery at Dagenham, it being popularly supposed that Lord Derwentwater still walked there, carrying his head under his arm. This must have been, at least, seventy years after his death.
422 See Appendix, No. 2, also note.
423 The rest of the letter not being material, is omitted.
424 I am indebted for a copy of this process to Sir John Maxwell, Bart. Pollok.