scs. tc, PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY VOLUME XXVI WAMSTON’S DIARY AND OTHER PAPERS December 1896 This Volume is presented to the members of the Scottish History Society by T. and A. Constable December 1896 ARCHIBALD JOHNSTON, LORD WARISTON from the portrait hyjamesone in the possession of Sir James Gibson-Craig, Bart. -V DIARY OF SIR ARCHIBALD JOHNSTON LORD WARISTON 1639 THE PRESERVATION OF THE HONOURS OF SCOTLAND 1651-52 LORD MAR’S LEGACIES 1722-27 LETTERS CONCERNING HIGHLAND AFFAIRS IN THE 18th CENTURY BY MRS. GRANT OF LAGGAN EDINBURGH Printed at the University Press by T. and A. Constable for the Scottish History Society 1896 EXTRACT FROM THE MINUTES OF THE COUNCIL OF THE SCOTTISH HISTORY SOCIETY February 1896 ‘ The Secretary read a letter . making offer on behalf ‘ of Messrs. T. and A. Constable to print at their own ‘ cost, and to present to the Society, in October next, a ‘ volume of Miscellanies, in commemoration of the Tenth ‘ Anniversary of the Society’s institution. The offer was ‘ cordially accepted, and the Chairman was requested to ‘ convey to Messrs. Constable the Council’s appreciation of ‘ the generous gift.’ T. G. L. Hon. Sec. CONTENTS PAGE I. FRAGMENT OF THE DIARY OF SIR ARCHIBALD JOHNSTON, LORD WARIS- TON, 1639, Edited by George M. Paul 1 II. PAPERS RELATIVE TO THE PRESERVA- TION OF THE HONOURS OF SCOTLAND, in Dunnottar Castle, 1651-1652, Edited by Charles R. A. Howden 99 III. THE EARL OF MAR’S LEGACIES TO SCOT- LAND, AND TO HIS SON, LORD ERSKINE, 1722-1727, Edited by The Hon. Stuart Erskine 139 IV. LETTERS WRITTEN BY MRS. GRANT OF LAGGAN CONCERNING HIGHLAND AFFAIRS AND PERSONS CONNECTED WITH THE STUART CAUSE IN THE EIGHTEENTH CENTURY, Edited by J. R. N. Macphail 249 FRAGMENT OF THE DIARY OF SIR ARCHIBALD JOHNSTON LORD WARISTON MAY 2 I-JUNE 25 1639 Edited from the Original Manuscript with Introduction and Notes by GEORGE MORISON PAUL M.A., F.S.A. SCOT. INTRODUCTION Wodrow relates1 that Mr. Ridpath2 informed him that he had been ‘ imployed by Secretary Johnstoun to goe throu his ‘ father, my Lord Wariston’s papers, and put them in order; ‘ which he spent severall dayes and weeks upon. That amongst ‘ other papers of the greatest value to the Church of Scotland, ‘ he fell upon my Lord Wariston’s Dyary, which he sayes he read ‘ over. There is a great deal of it, and all bound up in differ- ‘ ent boundels. It conteans many valuable passages with ‘ relation to the history of these times, noe where else to be ‘ found.’ Secretary Johnston lived during the latter years of his life at Twickenham, and died in May 1737. What became of his papers after his death is not known ; and probably his father’s Diary is irretrievably lost. A fragment has fortunately been preserved in a separate manuscript volume. It covers the short period of thirty-six days, from the 21st of May to the 25th of June 1639, and contains the details of the nego- tiations which ended in the pacification of Berwick, and the conclusion of the first Bishops’ War. The manuscript was submitted to this Society by its owner, Mr. Maxtone Graham of Cultoquhey and Redgorton, the nephew and heir of the late Mr. Robert Graham of Balgowan, 1 2 Analecta, ii. 218. Mr. George Ridpath was a well-known political writer in the reigns of King William in. and Queen Anne. He was the translator from the Latin ms. of Sir Thomas Craig’s Treatise against the Right of the Crown of England to Homage from the Kingdom of Scotland, 1695, which he dedicated to Secretary Johnston ; and he was the author of an Account of the Rights and Powers of the Parliament of Scotland, 1705, to which Secretary Johnston is said to have written the Preface.—Atwood’s The Scotch Patriot Unmasked, 1705 ; Wodrow, Analecta, ii. 267. See also Carstares’ State Papers, 216. A 2 JOHNSTON OF WARISTON’S DIARY in whose library it was found. Nothing is known of its history prior to its discovery in Mr. Graham’s library. It is contained in a small folio which is bound in white vellum, eleven and a half inches long, by eight and three quarters broad, and has attached to it the roots of four vellum strings or ties. The volume is written from both ends—the Diary being written from one end, and some interesting miscellaneous notes and papers from the other. On the front page of this end is written in Wariston’s handwriting, 4 The names of the books qh. I taik to the airmee with me.’ Then follow: 1. 4 Memorandum of paperis takine with me to the Campe in 4 July 1640.’ 2. 4 The new and constant plote of planting 4 the whole kirks of Scotland penned to be presented to the 4 Kinge and the estaits in anno 1596.’ This extends to eleven and a half closely written pages. 3. 4 Ane schort note 4 of the decisiones and interloquitors given be the Lords of 4 Counsell since the moneth of Januar 1619.’ The latest date is 30th July 1646. The cases are arranged in alphabetical order according to the subjects, and are reported very briefly. There are sundry markings on the margin in Wariston’s hand- writing. This digest occupies ninety-seven pages. 4. Notes from ‘the books of the register of Session beginning 4th February 1531,’ and ending on 1st February 1545. This occupies sixteen pages. 5. Papers relating to the scheme for 4 the erecting of a comon fishing ’ for England and Scotland in 1630. They contain notes upon the Fishery Laws of some of the Continental nations. 6. Some notes entitled 4 Avisandum anent the Union.’ 7. Acts and orders of the Commissioners for administration of justice in Scotland, 27th June 1655 to 8th November 1656. The Diary, which is the only writing from the other end of the book, is written in a small but neat and legible seventeenth century hand. It is not that of Wariston, but it is abundantly clear from internal evidence that the Diary was his. During the whole of the eventful period, from the uprising INTRODUCTION 3 of the Scottish people against the Service Book and the Bishops in 1637 until the Restoration, Sir Archibald John- ston of Wariston (Lord Wariston) was in the very front rank of the Presbyterian party. He was perhaps the most remark- able Scotsman of that very troubled period of British history. The family to which he belonged seems to have been an offshoot from the noble house of Annandale.1 He has been described as a son of James Johnston of Beirholm in Dumfries- shire, but that was not so. In 1608 James Johnestoun, who is described as ‘ of Beirholme,’ was served heir of Gavin Johne- stoun ‘in’ (i.e. tenant of) ‘Kirkton of Kirkpatrick Juxta’ in Dumfriesshire, his grandfather, and heir of his father, ‘ James Johnestoun, in1 (i.e. tenant of) ‘ Midilgill.’2 Neither grand- father nor father is described as ‘ of'Beirholm.’ How or when James Johnston became possessed of Beirholm does not appear, but it seems clear that he did not inherit it from either of them. And from what follows it will be seen that he was not Wariston’s father, although he may have been a relation. Archibald Johnestoun (Wariston’s grandfather) was a native of Kirkpatrick Juxta. By his will3 he left ‘ ane hundreth ‘ merks to help the repairing and completing of ye kirk callit ‘ Kirkpatrick Juxta, where my predecessors’ bonis lyes.’ This Archibald Johnestoun was an eminent merchant and leading citizen of Edinburgh during a considerable part of the reign of James vi. On 22nd April 1589 the King wrote to Archibald Douglas, thanking him ‘ for his services in behalf of ‘ Archibald Johnestoun, son-in-law of the Provost of Edin- ‘ burgh ’; 4 and on 31st May 1595, he wrote to Queen Elizabeth 1 He, as well as his uncle Johnston of Hilton in Berwickshire, carried the principal arms of the Annandale family, but for a difference engrailed the saltier.—Nisbet, i. 144 ; The British Herald, by Robson, vol. ii. voce Johnston. The Editor unfortunately did not see The Annandale Family Book, by Sir William Fraser, K.C.B., until this Introduction was written. Portions of Wariston’s family history which follow, and which have been collected from the original2 sources, will be found in that work. Printed Special Retours, Dumfriesshire, 28th April 1608, Nos. 51, 52. *4 Register of Confd. Test., Edinburgh, 28th April 1619. Historical Manuscripts, Hatfield Collection, iii. 407. JOHNSTON OF WARISTON’S DIARY soliciting her good offices with reference to a suit in which Archibald Johnestoun was engaged before her Council.1 Bishop Burnet, his great-grandson, described him as ‘ the greatest merchant’ of his time, and said that he left to his wife an estate of J?2000 a year, a large fortune in those days, ‘ to be disposed of among his children as she pleased.’2 By his will he bequeathed a legacy to the University of Edinburgh, which still has a bursary of J?ll, 2s. 2d. sterling, a year, bearing his name.3 His wife was Rachel Arnot, a daughter of Sir John Arnot of Birswick, who was Lord Provost of Edinburgh from 1587 till 1589, and for some years Treasurer-Depute, and a Privy Councillor. Sir John Arnot is said by Burnet to have been e a man in great favour.’4 Rachel Arnot died on 20th March 1626.5 Archibald Johnestoun and Rachel Arnot had three sons and two daughters, viz.: 1.