n /. i PUBLICATIONS SCOTTISH HISTORY SOCIETY SECOND SERIES VOLUME XIX MISCELLANY {Third Volume) October 1919 V' MISCELLANY OF Clje I^tBtorp Sottetp (Third Volume) DUNDEE COURT-MARTIAL RECORDS, 1651 THE BISHOP OF GALLOWAY’S CORRESPONDENCE, 1679-1685 THE DIARY OF SIR JAMES HOPE, 1646-1654 INSTRUCTIONS FOR THE TRIAL OF PATRICK GRAHAM, 1476 THE SCOTTISH CONTRIBUTIONS TO THE DISTRESSED CHURCH OF FRANCE, 1622 THE FORBES BARON COURT BOOK, 1659-1678 EDINBURGH Printed at the University Press by T. and A. Constable for the Scottish History Society 1919 CONTENTS DUNDEE COURT-MARTIAL RECORDS, 1651, Edited by Godfrey Davies, M.A. Introduction, ..... 3 Court-Martial Records, .... 9 THE BISHOP OF GALLOWAY’S CORRESPOND- ENCE, 1679-1685, Edited by William Douglas Introduction, . .71 The Bishop of Galloway’s Correspondence, . 74 THE DIARY OF SIR JAMES HOPE, 1646-1654, Edited by Sir James Balfour Paul, C.V.O., LL.D. Introduction, . -99 Diary of Sir James Hope, . 126 INSTRUCTIONS FOR THE TRIAL OF PATRICK GRAHAM, 1476, Edited by Robert Kerr Hannay Introduction, . .171 Instructions for the Trial of Patrick Graham, 176 THE SCOTTISH CONTRIBUTIONS TO THE DIS- TRESSED CHURCH OF FRANCE, 1622, Edited by D. Hay Fleming, LL.D. Introduction, . .181 The Contribution of Haddingtonshire . 190 The Contribution of St. Cuthbert’s, Edin- burgh, . .193 Vi CONTENTS THE FORBES BARON COURT BOOK, 1659-1678, Edited by J. Maitland Thomson, LL.D. Introduction, ..... 205 Appendix A, . • • .218 Appendix B, . ■ • 220 Appendix C, . • • .221 The Forbes Baron Court Book, . 224 INDEX .323 DUNDEE COURT-MARTIAL RECORDS 1651 Edited by GODFREY DAVIES, M.A. Late Scholar of Pembroke College, Oxford INTRODUCTION Cromwell was besieging Perth when the first rumours reached him that Charles n. and his forces had begun their march towards England. On 2nd August, 1651, Perth surrendered and Cromwell proceeded at once to divide his troops, leaving one section under Monck to complete the subjugation of Scotland, and leading in person the more numerous body in pursuit of the Scottish army. Monck had no organised enemies to face him in the field and his task was to subdue the towns which still resisted. For this purpose he had under his immediate control three regiments of horse, commanded by Colonels Okey, Alured, and Grosvenor, and three of foot, his own and those of Ashfeild and Reade, together with ‘ troopes of dragoones . and the greatest part of the trayne of artillery, with the 2 companies of firelocks ’—in all about four thousand men, to which may be added another two thousand in garrisons.1 The force was small, but its ample supply of guns and mortars eminently fitted it for the work in hand. On 6th August Monck summoned Stirling, which sur- rendered eight days later. On 26th August he appeared before Dundee, to receive a proud defiance from its governor, Sir Robert Lumsden.2 The next few days were 1 C. H. Firth, Scotland and the Commonwealth, pp. xvii, I. I prefer the smaller number, since it is obvious from Monck’s letters of the period that his army was wasted by sickness (cf. Mackinnon, Coldstream Guards, 1833, vol. i. pp. 40-5). Hacker’s regiment was left with Monck, but was ordered a few days later to join Cromwell, and fought at Worcester.—Merc. Pol., 4-11 September. 2 Original letter of Lumsden to Monck among the papers at Welbeck {Port- land MSS., vol. i. p. 615). The garrison was eight hundred soldiers, aided by townsmen and strangers, who sought refuge at Dundee on account of the reputed strength of its fortifications. 4 DUNDEE COURT-MARTIAL RECORDS spent in preparations, bringing up the artillery and awaiting the return of the horse who captured the Com- mittee of Estates at Alyth. About 4 a.m. on 1st September the guns opened on the town, and after seven hours’ firing, breaches were made and the signal to attack was given.1 The storming party was composed of cavalry, sailors, and the infantry regiments of Monck and Ashfeild, about seventeen hundred men.2 At first a fierce resist- ance was encountered, but once this had been broken, success was easy. Some of the inhabitants took part in the defence 3 and were slain, and others in the streets were involved in the slaughter which followed the forcing of the breaches. When, however, the victors reached the centre of the town, quarter was freely granted, and there was no deliberate massacre of non-combatants.4 The casualties of the conquerors were six officers and about twenty soldiers,5 and the vanquished lost not more than eight hundred,6 1 Scotland and the Commonwealth, pp. 11-12; Nicoll, Diary, p. 57. * Scotland and the Commonwealth, pp. 11-12. In his letter to Cromwell announcing the capture of Dundee, Monck mentions that he had only twelve hundred foot fit to march. The two regiments engaged in the storm would thus number roughly four hundred apiece. Cf. letter of Okey, 1st September, quoted by Mackinnon, vol. i. pp. 43-4. * Nicoll definitely states that ‘ the townsmen . stood stoutly to their fortune, and defended themselves.’ Monck’s despatch to Cromwell and the narrative printed in Scotland and the Commonwealth imply the same. Lament (Diary, pp. 34-5) says that ‘ the town people were secure [?'. e. careless] and surpresed at unawares.’ Balfour (iv. 315) suggests that they failed to defend themselves since they were drunk, but Clarke asserts in his letter to the Speaker (Cary, Memorials of the Civil War, vol. ii. pp. 366-7) that the enemy had fifteen hundred men ‘ upon the line.’ As there were only eight hundred soldiers in the garrison, the4 rest must have been civilians. The highest estimate of the slain is ten or eleven hundred (Nicoll, p. 58). This is decisive against the theory of a general massacre. I attach no import- ance to Clarendon’s sweeping assertion that ‘ persons of all degrees and qualities were put to the sword for many hours after the town was entered.’—Rebellion, vol.5 xiii. §. 138. 6 These figures are those of Monck. On 5th September Clarke wrote that ‘ now we come to bury the dead (which is not yet fully done) we find there was near eight hundred killed.’ Probably there INTRODUCTION 5 among whom may have been some women and children.1 ‘ The stubbornness of the enemy,’ wrote Monck, ‘ en- forced the soldiers to plunder the town.’ In other words he granted his men the licence allowed by the usage of war after a successful storm. A rich booty was secured. According to Nicoll the English army ‘ had gotten above two hundred thousand pound Stirling, partly of ready gold, silver, and silver work, jewels, rings, merchandise, and merchant wares and other precious things belonging to the town of Edinburgh, by and beside all that belonged to the town and other people of the country, who had sent in their goods for safety to that town.’ Clarke told the Speaker : ‘ The spoil is like to prove very great; were you here, you would not know a private soldier from an officer, divers of them having got gallant apparel.’ After twenty-four hours order was restored, and no further plundering was tolerated. Having rewarded his soldiers, Monck had now to face the harder task of reconciling the inhabitants of Dundee, and indeed of all Scotland, to the rule of their conquerors. Of all the lessons of the previous ten years of civil strife none was plainer than that indiscriminate plundering both rendered permanent the hostility of enemies and irreparably damaged the morale of any army allowed such licence. The military leaders, in whose hands the government was temporarily placed, sought to obtain the acquiescence was an enumeration of the corpses, and Clarke’s official position would secure him access to such information. His figures are confirmed by Balfour, by Mercurius Scoticns, 2-9 September, and by Whitelock, Memorials, 1853, iii. 351. Monck gives five hundred, but he wrote on the day of the storm before the losses of the enemy could have been accurately ascertained. Cf. Lament, pp.1 34-5, and Scotland and the Commonwealth, p. 12. Nicoll speaks of ‘seven score women and young children,'and Balfour of two hundred women, as being slain. The only accounts of eyewitnesses were written by Englishmen, and they do not mention any female victims, although Whitelock states that eighty women were killed.—Memorials, vol. iii. p. 353- DUNDEE COURT-MARTIAL RECORDS of the Scots by the impartial administration of justice and to secure their own supremacy by the maintenance of strict discipline in the forces under their command. The two objects were interdependent—both concerned the relations of an alien soldiery with a subject population. The instrument which regulated the intercourse of soldiers and civilians was the court-martial, which adjudicated dis- putes between victors and vanquished, enforced the articles of war, and issued proclamations as occasion demanded. The only complete records of the proceedings of any courts - martial which have survived from the Puritan Revolution are contained in the following pages, and even these documents only cover a period of four months. They apply solely to Dundee and its immediate vicinity, but it is clear from fragmentary notices and casual refer- ences in contemporary diaries and newspapers that these accounts may be taken as a fair sample of similar judicial activities elsewhere. The records of the courts-martial held at Dundee from 17th September 1651 to 10th January 1652 are preserved in volume xxi. of the Clarke MSS. in Worcester College, Oxford. The extracts here printed comprise about five- sixths of the original: the omitted portions often merely duplicate the statements in the text.