Yule Donation No. 95. ERRATUM. Page 246, line 9 from the bottom— For " excerpt with" read "charter without.' Sis' 5 \ THE STIRLING PEERAGE. TRIAL ALEXANDER HUMPHRYS OR ALEXANDER, STYLING HIMSELF EARL OF STIRLING, BEFORE THE HIGH COURT OF JUSTICIARY, FOR FORGERY, ON 29th APRIL, 1839, AND FOUR FOLLOWING DAYS. STENOGRAPHED BV MR SIMON MACGREGOR, AND EDITED BY WILLIAM TURNBULL, Esg. Advocate, F.S.A. Scot. AN INTRODUCTORY NOTICE OF THE EARLDOM OP STIRLING, AND PROCEEDINGS OF MR HUMPHRYS RELATIVE TO HIS PRETENDED CLAIM. WILLIAM BLACKWOOD AND SONS, EDINBURGH; AND T. CADELL, LONDON. MDCCCXXXIX. ^ OF SCOTLAND Printed ity Andkew SiioRTnLUE, ThisUrf*Lanc. CONTENTS. Introduction, ....... Page 1 Appendix. I. Pursuer's Proof in Reduction-Improbation, ' . i II. Defender's Productions in do. xvii III. Interlocutor by Lord Cockburn in do. Ixii IV. Minute for Earl of Stirling, ... btxii V. Answers for Officers of State to do. xc VI. Judicial Declaration of Earl of Stirling, . xcv VII. Report, and Additional Productions in Reduction, . civ VIII. Supplemental Report and Productions, . cix IX. Proceedings at Elections of Scottish Peerss since 1825, exii Preliminary Proceedings on 3d April, 1839, ... 3 Indictment, . ^ . 8 List of Witnesses for the Crown, .... 38 List of Assize, ...... 40 Copies, Translations, Extracts, and Lists of some of the Documents produced for the Prosecution, ... 44 Trial, 95 Appendix to Trial, I. Searches in Records, .... 1 II. Additional Defences, &c. for Earl of Stirling, . Q Digitized by tine Internet Archive in 2011 with funding from ' National Library of Scotland http://www.archive.org/details/stirlingpeeraget1839turn ADVERTISEMENT. In order to account for the discrepant orthography of the pseudo-clauTaant's name, as it appears in the succeeding pages, I may mention, that in every part of the volume, except the Crown productions, I have spelt it Humph?-j/*, and not Humphrey*, at the express request of Mr Lockhart, agent for Mr Humphrys. Although the difference is immaterial, yet, for the sake of typographical accuracy, as well as from courtesy to Mr Lockhart, I think it right to notice it thus specially. — INTRODUCTION. The colonization of that extensive territory, situated about the Gulf of St Lawrence, in North America, was a favourite project both of Kings James VI. and Charles I. Into this scheme Sir William Alexander of Menstrie, afterwards Secretary of State for Scotland, entered actively,* and was for his exertions rewarded by James by charter, dated 12th September, 1621, whereby he grants to the said Sir William, All and Whole the territory adjacent to the Gulf of St Lawrence, described in said charter, thenceforward to be called Nova Scotia ; and constitutes him, his heirs and assignees, hereditary Lords Lieutenant, with powers almost approaching to those of absolute sove- reignty. Before this charter was ratified by the Scots Parliament, his Majesty died; when, in 1625, the grant was renewed by his successor in form of a Charter of Novodamus, proceeding upon the above narrative, and conceding, over and above, additional powers to Sir William Alexander. * He ivas author of " An Encouragement to Colonies, by Sir Wra. Alexander, Knight. — Alter erit turn Tiphis, et altera quse vehat Argo dilectos Heroas. London, Printed by William Stansby, 1625." Small 4to. 2 INTRODUCTION. These charters are in the usual form of feudal con- veyances as employed by the law of Scotland, but erecting Nova Scotia into a Barony, and declaring sasine at the castle of Edinburgh to be equivalent to sasine on the lands themselves. In them Sir William Alexander was infeft by sasine, dated 29th September, and recorded in the General Register of Sasines 1st October, 1625. They were all afterwards confirmed by Act of the Scots Parliament 1633, c. 28. The original documents are lost, but copies are preserved in the Register of the Great Seal. Sir William sent to Canada one of his sons, who built forts at the mouth of the St Lawrence, and exer- cised other acts of authority. But the work of coloni- zation proceeded slowly, and King James, with a view to facilitate it, fell upon the expedient of creating the order of Nova Scotia Baronets, which title was to be conferred on such individuals of good families who should engage therein. This arrangement was carried farther into effect by Charles I. who made such crea- tions a source of revenue. The form adopted was : — On receipt of a certain sum of money, to bestow a grant of sixteen thousand acres of land in Canada ; this was erected into a barony, and the honours of a baronet of Nova Scotia appended thereto. The order was subsequently extended to natives of England and Ireland, j^rovided they became naturalized Scotsmen. Owing to his transatlantic speculations and other causes. Sir William Alexander became impoverished, and his property in Scotland became deeply involved. The French had a small colony in Canada, and he sold his entire possessions in that country to a Mons. De la Tour. The original Scots colony depended on the INTRODUCTION. 3 crown of Scotland ; it was ceded to France by treaty of St Germains, 29th March, 1632,* was reconquered by Cromwell ; again surrendered by Charles 11- ; and in 1713 became and continues a British colony, without reference to any previous grants to Sir William Alex- ander. Even if Sir William had not alienated what- ever right he may have liad in Nova Scotia, before the above treaty of 1632, it was completely extinguished by that and subsequent confederations. Sir William was created Earl of Stirling by Charles I. by patent dated 14th June, 1633. It carries the title to himself and his heirs male bearing the surname and arms of Alexander. The original is not extant, but is recorded in the Register of the Great Seal. Subsequently, on 23d January, 1636, the Earl expede a charter under the Great Seal, of his lands of Gart- more, Tullibody, Tillicoultry, &c. with the destinations * " De la part de sa Majeste de la Grande Bretagne le dit Sieur Ambassadeur, en vertu du pouvoir qu' il a, lequel sera inser en fin des presentes, a promis et promet pour, et au nom de sa dite Majeste, de rendre et restitiier a sa Majeste tres Chretienne tons les lieux occupes en la Nouvelle France la Cadie et Canada par les sujets de sa Majeste de la Grand Bretag:ne, iceux faire retirer des dits lieux, et pour cet effet, le dit Sieur Ambassadeur delivrera lors de la passation et sig-nature des presentes aux Commissaires du Roi tres Chretien, en bonne forme, le pouvoir qu' il a de sa Majeste de la Grande Bretagne pour la restitution des dits lieux, ensemble les commandemens de sa dite Majeste a tous ceux qui commandent dans la Port Iloyal, Fort de Quebec, et Cape Breton, pour etre les dites places ct Forts rendus et remis es mains de ceux qu'il plaira a sa Majeste tres-Chretienne ordonner huit jours apres que les dits commandemens auront ete notifies a ceux qui commandent ou commanderontes dits lieux, le dit temps de huit jours leuretant donne pour retirer cependant hors des dits lieux places et Forts leurs armes, bagages, raarchandises, or, argent, ustensiles, et generalement tout ce qui leur appartient : auxquels, et a tous ceux qui sont es dits lieux, est donne le terme des trois semaines apres les dits huit jours expires, pour durant icelles ou plutot si faire se peut, rentrer en leur navires avec leurs armes et munitions, bagages, or, argent, ustensiles, raarchandises, pcUeteries, et generalement tout ce qui leur appartient, pour de la se retirer en Angle- terre, sans sejourner davantages es dits pays." The full instrumcDt is printed in Rymei-'s Foedera. — — 4 INTRODUCTION. contained in the patent of 1633. He is said to have died in 1640, and the title-deeds of the present proprie- tors of these lands prove that they were adjudged from his family for debts after that period. The Earldom of Stirling, limited to heirs male, became dormant in 1739,* and it is supposed that no male descendants of Sir William Alexander now exist. On 14th December, 1761, a person born in America, and designing himself William Alexander, Earl of Stirling, petitioned for restoration of the title as heir- male of the first earl under the patent of 1633.f The petition was referred to the House of Peers, and rejec- ted 10th March, 1762. This claimant confined his claim to the honours of the patent of 1633, limited to heirs-male-t * We find in the Caledonian Mercury of October 2, 1733, this notice of the last Earl of Stirling :— " On Sunday, the Right Honourable the Earl of Stirling of N. Britain waited on their Majesties at Court, It is remarkable his Lordship was not at Court since the second year of K. William III. choosiug to live private, and is 80 years old. He was introduced by Sir Robert Walpole, and graciously received." f Jnuriials of House of Lords, sub aiinis. j It would appear, however, that, although this individual made no formal claim to the general estate.^, he assumed a right to the lands in Canada, possibly from the state of affairs in America at that time. It may be, that bis share in the rebellion arose from the decision of the House of Lords against him. See in Mr Maidment's " Analecta Scotica," I. p. 169, the following curious note : " The earldom was assumed by William Alexander, an American, as descendant of Andrew, the patentee's uncle. Although his claim to the peerage was rejected by the House of Lords, he, nevertheless, continued to be styled Earl of Stirling. When the disputes arose between Great Britain and America, he sided with the latter, and rose to the rank of a general iu the rebel service, as it was then called.