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Mr Robert Chambers Read the Following Letter from Mr William Fraser

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Mr Robert Chambers Read the Following Letter from Mr William Fraser II. SUPPLEMENTARY NOTICE REGARDIN E DUKE ENTRTH F GTH O E F YO YORK'S NAME IN THE PRIVY COUNCIL RECORD, JULY 1685. [See p. 90.] r RoberM t Chambers rea followine dth g letter fro r WilliamM m Fraser, assistant-keeper of the Register of Sasines, adducing addi- tional evidence from original letters written by the Duke of York, from England time th et a whe,s enterestyls i hi e s pre nh ea y b d- sittinge Prive senth th t a tf y so Counci Scotlandn i l questioe Th . n as to the fact itself is thus set at rest; but much doubt may still be entertained as to the reason, or whether there was any reason be- yond mistake, for the entering of the Duke's style in the minutes. " GENERAL REGISTER HOUSE, 25t!i May 1855. " MY DEAR SIR,—From the interest which you have taken in the question touching the evidence of the Duke of York having sat in the Privy Council at Edinburg Juln i h y 1684 I kno , wilu glae wb heayo o ldt r tha I havt e found counter evidence which resolves the question in the negative. " In the Privy Council Records, the Duke is entered in the ' sederunts,' or lis councillorf o t s present 15the th ,n o 17th, , 22d24td an ,h July. "But ther e extan lettersar eo tw t , holograp Dukee th f ho , addressee th o dt Lord Treasurer, who was one of his confidential correspondents on Scotch affairs, which show that he could not have been present at any of the four meet- ings. The first of these letters is dated the 22d of July, being the third day on whic Duke hth enteres ei sederuntse th t datebearn e i di b d o dst an , from Tun- Iridge. Of course, the Duke could not have been there and in Edinburgh on the very same day, " But, independentl place dateth d subject-mattee f ean yo th , lettee th s f ri o r equally decisive that he was not present on the 15th when the Earl of Perth was inaugurated as Chancellor. The letter acknowledges receipt of one from the Lord Treasurer, dated 15th July, ' by which' (says the Duke) ' I am very ANTIQUARIE9 11 SCOTLANDF O S . glad to find that most of the loyal men are pleased at Lord Perth's being made Chancellor. I have not yett seen what passed at the Secret Comitty, but be- liev eshalI Londonn li whem a nI , wher I eintento-morrow e b o dt I cam. e yesterday from Windsor, and when I return back thether, which I intend on Thursday, shall answer more particularly your Letter.' " The Duke was thus receiving in England accounts of what was passing in the Privy Council at Edinburgh from his official and confidential correspondents there. If he had been personally present to hear and see what was transacted Counciln i recorde th s a , s erroneousl havyo t beaem beenrhi t wasi , f courseo , , altogether unnecessary to inform him of the proceedings by letter. " The second letter is dated at Windsor on the 25th. The Duke acknow- ledges receipt of a letter from the Lord Treasurer, dated the 17th, and two from e Secreth t Committee e expresseH . s his satisfaction thaTreasuree th t d rha ' made so good an understanding between the Chancellor and M : Atholl. 'Tis vera y good servic King.e th o et ' " There is a third letter, which is dated at Windsor, August 5, 1684, in which the Duke says I fin your' y , db s tha Boote dond th t gooo sha en d upon Spence, and believe him so stuborne he will not owne what he knows.' Poor Spence was the Earl of Argyle's servant, who suffered repeated and inhuman torture, first by the boots, and then by Dalziel's experiment of the thumbikins, and a hair shirt. " Fro intimatioe mth n containe firse movementth e t th n letted i o t e s ra th f so Duke from day to day, he appears to have been either in London or at Wind- t necessar t whica no s x i f thes fi h t o place i o o yt 24tht e e tw e th Bu ssoh n . o r actually was. Findint Windsoa 25te m th hghi n ro preclude e possibilitth s y beins ohi f Edinburgn gi previoue th n ho s day. " At the late meeting of the Society of Antiquaries, where the question was raised by you, I expressed an opinion that the records should be taken as good legal evidence of the Duke having been present in Council until they were con- tradicted by better evidence of an alibi. I had not previously investigated the wayy matte I certainlyan . n i r , however, expected thainvestigatioy an t n which might be made would corroborate the records. My leanings were all in favoue accurac th e recordsf o th r f yo ; but common ,i n candou fairnesd ran o t s boun now confes dto you am I ,s that, instea beindof g corroborated recordthe , s appea contradictee b o rt lettere th y dsb unde Duke'e rth hand n sow , whice ar h the best of all evidence, and that the view which you and Mr Macaulay enter- tained is fully established. " The letters from the Duke of York to which I have referred are in the Charter e DukChesth f Buccleucf o eo t Quoensberryd an hrepree th s i - o wh , 120 PROCEEDINGS OF THE SOCIETY OF sentativ e Lorth f deo Treasurer whoo t , m they were addressed, whic thus hi s propee th r legal custody. They have been examine wite m hy mucdb h caret a , the sight, and with the assistance of a gentleman of great accuracy, who has the more immediate charge of them, and you may rely upon their being correctly quoted. erron "A r being thus tracePrive th o ydt Counci s thea l Recordsr y fa o s n i , shew the Duke of York in the sederunt of Councillors, the next inquiry should be for an explanation of such a startling mistake. This point I have not yet had an opportunity of investigating. I remain, my dear Sir, yours very faithfully, " WM. FBASBB. " ROBEKT CHAMBERS, Esq." e discussioth n I n which took plac referencn ei thio et s subject. Mr Joseph Eobertson of the General Register House made a com- munication whicf o , followine hth substance th s gi e :— That the Duke of York was not present in person at the meetings of the Privy Counci t Edinburgha l Juln ,i y sufficientl w 1684no s i , y certainsilence th f f I eo . contemporary annalists, and his own letters to the Marquis of Queensberry, left any room for doubt, it would be excluded by other evidence. Thus, on one of the days (the 22d of July) on which "his Royal Highness his Majesties High Commissioner s representei " s beina d g in attendance well-knowe th , n Patrick Walker was ordered by the Council to be put to the torture for refusing to dis- close the names of those who were present with him at the murder of one of Lord Airlie's troopers. 1 The Cameronian martyrologist himself narrates the circumstance whild s ;an name2e eh Archbishoe sth t AndrewS f po d Lor an s d Tarbet, he says not a word of the Duke of York, although the glory of confrontin defyind an g g that " sworn vassa f Antichristo l lase th t s thini " g that the vain, garrulous, old pedlar would have failed to commemorate. So, e 29tagain th f July—onl ho n o , y five days aftelase th rt appearance th f eo Duke's name in the list of the Privy Councillors—we find the Lord Primate of Scotland writing to his English brother of Canterbury requesting him to inform his Royal Highness of the complexion of Scottish affairs, in terms which utterly preclud suppositioe eth midse beed nth thef thaha n no ti e mh t within less than a week.3 1 Registrum Secreti Conoilii, Acta 1682-1685, p. 418. MS. General Register House. Th et carrie addede sentenceno b s y dwa , ma int t i ,o execution. 9 Biographia Presbyteriana, vol. i., p. 307. 3 Dr Clarke's Letter Scottisf so h Prelates . 64Edinburgh65 ,pp , , 1848. ANTIQUARIE1 12 SCOTLANDF SO . summee th n i f 168t o r no 4 s Bu i onl t i t y tha Duke name th th t Yor f f eeo o k is entere role f statesmeth o l n di n deliberatin Scottise th n gi h capita tima t a le when he was unquestionably not in Scotland. Marchf o 21se agaih d th Marcf 9t tan o , n e e n1682n o I th th ht n a o ,(bu t no t intermediate meeting of the 16th of March), " His Royall Highness his Majes- ties High Commissioner" figures at the head of the " sederunt" of the Privy Council at Edinburgh.1 Yet nothing can be more certain than that on neither of these days was his foot upon Scottish ground. It can be shown by the amplest and most conclusive proofs that he left Scotland on the 6th of March, and did not return until the 7th of May. Sir John Lauder, writing on the spot, and at the moment, notes in his jour- nal ,Marcf thao h th 6t "o 1681-2e nth Duke th , f Albaneo y shippe t Leitda h for London."2 The next day, on the 7th of March, we have the Bishop of Edin- burgh writing from tha Archbishoe t th cit o yt f Canterburypo , thats "Hi Royall Highnes being calle Kine waio dth t t Newmarkett..gn a o t partes i .
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