Memoirs of the Jacobites of 1715 and 1745

Memoirs of the Jacobites of 1715 and 1745.

by Mrs. Thomson.

Volume II.

WILLIAM MAXWELL, EARL OF NITHISDALE.

It is happily remarked by the editor of the Culloden Papers, with regard to the devotion of many of the Highland clans to the exiled family of Stuart, that "it cannot be a subject requiring vindication; nor," adds the writer, "if it raise a glow on the face of their descendants, is it likely to be the blush of shame." The descendants of William Maxwell, Earl of Nithisdale, have reason to remember, with a proud interest, the determined and heroic affection which rescued their ancestor from prison, no less than the courage and fidelity which involved their chief in a perilous undertaking, and in a miserable captivity.

The first of that ancient race, who derived their surname from the Lords.h.i.+p of Maxwell, in the county of Dumfries, was Robert de Maxwell of Carlaverock, who, in 1314, was killed at the battle of Bannockburn, fighting under the banners of King James the Third. From that period until the seventeenth century, the house of Maxwell continued to enjoy signal proofs of royal favour; it was employed in important services and on high missions, extending its power and increasing its possessions by intermarriages with the richest and n.o.blest families in Scotland. An enumeration of the honours and privileges enjoyed by this valiant race will show in how remarkable a degree it was favoured by the Stuarts, and how various and how forcible were the reasons which bound it to serve that generous and beloved race of Scottish monarchs.

Herbert, who succeeded John de Maxwell, was one of the Commissioners sent by Alexander the Second to England, to treat for a marriage with one of the daughters of that crown; and, having concluded the negotiation favourably, was endowed with the office of Lord Great Chamberlain of Scotland, which he held during his life-time, and which was afterwards bestowed on his son.

Eustace de Maxwell, in the time of Robert de Bruce, was among those patriots who adhered to the Scottish King. The Castle of Carlaverock, one of the most ancient possessions of the brave Maxwells, stands a memento, in its n.o.ble ruins, of the disinterested loyalty of its owners.

The remains of Carlaverock afford but a slight notion of its former strength. The importance of its situation is, however, undoubted.

Situated on the south borders of the Nith, near to Glencapel Quay, it const.i.tuted a stronghold for the Scottish n.o.ble, who scarcely feared a siege within its walls, and when the army of Edward advanced to invest it, refused to surrender; "for the fortress was well furnished," says Grose, "with soldiers, engines, and provisions."

But this defiance was vain; after sustaining an a.s.sault, Carlaverock was obliged to capitulate; when the generosity of Edward's measures excited the admiration of all humane minds. The troops, only sixty in number, were taken into the King's service, as a token of his approval of their brave defence; they were then released, ransom free, and received each a new garment, as a gift from the King.

Carlaverock was, some time after, retaken by the Scotch, and Sir Eustace de Maxwell resumed his command over the garrison. It was again invested by King Edward; but, on this occasion, Eustace drove the English from the attack, and retained possession of the fortress.

Afterwards, of his own free will, he demolished the fortress, that no possession of his might favour the progress of the enemy. He was rewarded by several grants of lands, and twenty-two pounds in money.

In the fifteenth century, Herbert de Maxwell marrying a daughter of the Maxwells of Terregles (Terre Eglise), the son of that marriage was enn.o.bled, and was dignified by the t.i.tle of Lord de Maxwell. His successor perished at Flodden, but the grandson of the first Lord had a happier fortune, and was entrusted by James the Fifth to bring over Mary of Guise to Scotland, first marrying her as the King's proxy.

The house of Maxwell prospered until the reign of James the Sixth; by whom John, Lord Maxwell, was created Earl of Morton, and made Warden of the Marches: but a reverse of fortune ensued. From some court intrigue, the Warden was removed from office, and his place supplied by the Laird of Johnstones; all the blood of the Maxwells was aroused; a quarrel and a combat were the result; and, in the scuffle, the new-made Earl of Morton was killed. The injury was not forgotten, and John, who succeeded the murdered man, deemed it inc.u.mbent upon him to avenge his father. In consequence, the Laird of Johnstone soon fell a sacrifice to this notion of honour, or outbreak of offended pride. The crime was not, however, pa.s.sed over by law; the offender was tried, and executed, in 1613, at the Cross in Edinburgh; and his honours were forfeited. But again the favour of the Stuarts shone forth; the t.i.tle of Morton was not restored, but Robert, the brother of the last Earl of Morton, was created Earl of Nithisdale, and restored to the Lords.h.i.+p of Maxwell; with precedency, as Earl, according to his father's creation as Earl of Morton.

This kindness was requited by a devoted loyalty; and, in the reign of Charles the First, the Earl of Nithisdale suffered much, both by sequestration and imprisonment, for the royal cause.

In 1647, in consequence of failure of the direct line, the t.i.tle and estates of the Nithisdale family devolved on a kinsman, John Lord Herries, whose grandson, William, the subject of this memoir, proved to be the last of the Maxwell family that has ever enjoyed the Earldom.

He was served heir male, and of line male and entail of his father, on the twenty-sixth of May, 1696; and heir male of his grandfather, the Earl of Nithisdale, on the sixteenth of the same month.[1] At his accession to his t.i.tle, the Earl of Nithisdale possessed no common advantages of fortune and station. "He was allied," says the Scottish Peerage, "to most of the n.o.ble families in the two kingdoms." His mother, the Lady Lucy, was daughter to the Marquis of Douglas; his only sister, Lady Mary Maxwell, was married to Charles Stewart, Earl of Traquair; and he had himself wedded a descendant of that n.o.ble and brave Marquis of Worcester who had defended Ragland Castle against Fairfax.

In addition to these family honours, Lord Nithisdale possessed rich patrimonial estates in one of the most fertile and luxuriant counties in Scotland. The Valley of the Nith, from which he derived his t.i.tle, owned his lords.h.i.+p over some of its fairest scenes. Young, rich, and happily married, he was in the full suns.h.i.+ne of prosperity when, in the year 1715, he was called upon to prove the sincerity of that fidelity to the house of Stuart for which his family had so greatly suffered, and for which it had been so liberally repaid.

It is remarkable that the adventurers in the unfortunate cause of the Chevalier St. George were, with rare exceptions, men of established credit, men who had vast stakes in their country, and who had lost no portion of their due consideration in the eyes of others by extravagance or profligacy. This fact marks the insurrection of 1715, as presenting a very different aspect to that of other insurrections raised by faction, and supported by men of desperate fortunes. So early as the year 1707, it appears by Colonel Hooke's secret negotiations in favour of the Stuarts, that the bulk of the Scottish n.o.bility had their hearts engaged in the cause, and that their honour was pledged to come forward on the first occasion. In the enumeration given by one of the agents employed in traversing the country, Lord Nithisdale and his relatives are mentioned as certain and potent allies. "In Tweedale," writes Mr.

Fleming to the Minister of Louis the Fourteenth, "the Earl of Traquair, of the house of Stuart, and the Laird of Stanhope are powerful. In the s.h.i.+res of Annandale, Niddesdale, and Galloway, are the Earl of Niddesdale, with the Viscount of Kenmure, the Laird of Spinkell, with the numerous clan of the Maxwells; and there is some hope also of the Earl of Galloway; Thus the King's party is connected through the whole kingdom, and we are certain of being masters of all the s.h.i.+res, except Argyles.h.i.+re, Clydesdale, Renfrew, Dumbarton, and Kyle."[2] "An affair of this nature," adds Mr. Fleming, "cannot be communicated to all the well affected; and it is a great proof of the zeal of those to whom it is trusted, that so many people have been able to keep this secret so inviolably." Such was the commencement of that compact which, held together by the word of Scotchmen, was in few instances broken; but was maintained with as scrupulous a regard to honour and fidelity by the poorest Highlander that ever trod down the heather, as by the great n.o.bleman within his castle hall.

Among the list of the most considerable chiefs in Scotland, with an account of their disposition for or against the Government, the Earl of Nithisdale is specified by contemporary writers as one who is able to raise three hundred men, and willing to employ that force in the service of the Pretender.[3]

In the resolution to carry the aid of his clansmen to the service of either side, the chieftain of that day was powerfully a.s.sisted by the blind devotion of the brave and faithful people whom he led to battle.

Unhappily, the influence of the chief was often arbitrarily, and even cruelly exerted, in cases of doubtful willingness in their followers.

It will be interesting to scrutinize the motives and characters of those who occupied the chief posts in command, upon the formation of this Southern party in favour of the Chevalier. Although some of these chiefs have obtained celebrity in history, yet their efforts were sincere; their notions of patriotism, be they just, or be they erroneous, deserve a rescue from oblivion; their sufferings, and the heroism with which they were encountered, show to what an extent the fixed principle to which the Scotch are said ever to recur, will carry the exertions, and support the fort.i.tude, of that enduring and determined people.

To William Gordon, Viscount Kenmure and Baron of Lochinvar, was entrusted, in a commission from the Earl of Mar, the command of the insurgents in the south of Scotland. This choice of a General displayed the usual want of discernment which characterized the leaders of the Rebellion of 1715. Grave, and as a

George Seaton, the fifth Earl of Wintoun, was another of those n.o.blemen who raised a troop of horse, and engaged, from the very first commencement of the rebellion, in its turmoils. The family of Seaton, of which the Earl of Wintoun was the last in the direct line, "affords in its general characteristics," says a celebrated Scottish genealogist, "the best specimen of our ancient n.o.bility. They seem to have been the first to have introduced the refined arts, and an improved state of architecture in Scotland. They were consistent in their principles, and, upon the whole, as remarkable for their deportment and baronial respectability, as for their descent and n.o.ble alliances."[4]

In consequence of so many great families having sprung from the Seatons, they were styled "_Magnae n.o.bilitatis Domini_;" and their antiquity was as remarkable as their alliances, the male representation of the family, and the right to the honours which they bore, having been transmitted to the present Earl of Eglintoun, through an unbroken descent of seven centuries and a half.

The loyalty of the Seatons was untainted. The first Earl of Wintoun had adopted as one of his mottoes, "_Intaminatis fulget honoribus_," and the sense of those words was fully borne out by the testimony of time. The Seatoun Charter Chest contained, as one of their race remarked, no remission of any offence against Government, a fact which could not be affirmed of any other Scottish family of note. But this brave and ancient house had signal reason for remaining hitherto devoted to the monarchs of the Scottish throne.

Four times had the Seatons been allied with royalty: two instances were remarkable. George Seatoun, second Earl of Huntly, married the Princess Annabella, daughter of James the First, and from that union numerous descendants of Scottish n.o.bility exist to this day: and George, the third Lord Seaton, again allied his house with that of Stuart, by marrying the Lady Margaret Stuart, daughter of the Earl of Buchan, and granddaughter of Robert the Second. In consequence of these several intermarriages, it was proverbially said of the house of Seaton, "the family is come of princes, and reciprocally princes are come of the family." And these bonds of relations.h.i.+p were cemented by services performed and honours conferred. The devotion of the Seatons to Mary, Queen of Scots, has been immortalised by the pen of Sir Walter Scott.

George, the seventh Lord Seaton, attended on that unhappy Princess in some of the most brilliant scenes of her eventful life, and clung to her in every vicissitude of her fate. He, as Amba.s.sador to France, negotiated her marriage with the Dauphin, and was present at the celebration of the nuptials. He afterwards aided his royal mistress to escape from Lochleven Castle, in 1568, and conducted her to Niddry Castle, his own seat. When, in grat.i.tude for his fidelity, Mary would have created him an Earl, Lord Seaton declined the honour, and preferred his existing rank as Premier Baron of Scotland. Mary celebrated his determination in a couplet, written both in French and in Latin:

"Il y a des comtes, des rois, des ducs aussi, Ce't a.s.sez pour moy d'estre Signeur de Seton."

The successor of Lord Seaton, Robert, judged differently from his father, and accepted from James the Sixth the patent for the Earldom of Wintoun; distinguis.h.i.+ng the new honour by a courage which procured for him the appellation of "Greysteel."[5]

George, the fifth Earl of Wintoun, and the unfortunate adherent to the Jacobite cause, succeeded to the honours of his ancestors under circ.u.mstances peculiarly embarra.s.sing. His legitimacy was doubted: at the time when his father died, this ill-fated young man was abroad, his residence was obscure; and as he held no correspondence with any of his relations, little was known with regard to his personal character. In consequence partly of his absence from Scotland, partly, it is said, of an actual hereditary tendency, a belief soon prevailed that he was insane, or rather, as a contemporary expresses it, "mighty subject to a particular kind of caprice natural to his family."[6]

The Viscount Kingston, next heir to the t.i.tle of Wintoun, having expressed his objections to Lord Wintoun's legitimacy, the young man, in 1710, took steps to establish himself as his father's heir. Two witnesses were produced who were present at the marriage of his parents, and bonds were found in the family chests, designating Lord Wintoun as "our eldest lawful son," by Dame Christian Hepburn Countess of Wintoun, "our spouse." This important point being established, Lord Wintoun served himself heir to his father and became the possessor of the family estates, chiefly situated in East Lothian, their princ.i.p.al residence being the palace of Seaton, so recognized in the royal charters, from its having been the favourite resort of royalty, the scene of entertainment to Mary of Scots, and her court, and the residence of Charles the First, when in Scotland in 1633. It was afterwards the place of meeting for the Jacobite n.o.bles, and their adherents.[7]

Differing from many of his companions in arms, Lord Wintoun was a zealous Protestant; but without any regard to the supremacy of either mode of faith, it appears to have been a natural consequence of his birth and early a.s.sociations that he should cling to the house of the Stuarts. One would almost have applied to the young n.o.bleman the term "recreant," had he wavered when the descendant of Mary Stuart claimed his services. But such a course was far from his inclination. It was afterwards deemed expedient by his friends to plead for him on the ground of natural weakness of intellect; "but," says a contemporary, "Lord Wintoun wants no courage, nor so much capacity as his friends find it for his interest to suggest."[8] He was forward in action, and stimulated the military ardour of his followers, as they rushed with their ancient cry of "Set-on" to the combat. The earliest motto borne on these arms by the Seatons, "Hazard, yet forward," might indeed be mournfully applied to all who engaged in the hopeless Rebellion of 1715.

Lord Wintoun, like Lord Derwent.w.a.ter, was in the bloom of his youth when he summoned his tenantry to follow him to the rendezvous appointed by Lord Kenmure. He took with him three hundred men to the standard of James Stuart; but he appears to have carried with him a fiery and determined temper,--the accompaniment, perhaps, of n.o.ble qualities, but a dangerous attribute in times of difficulty.

Robert Dalzell, sixth Earl of Carnwath, was another of those Scottish n.o.blemen whose adherence to the Stuarts can only be regarded as a natural consequence of their birth and education. The origin of his family, which was of great antiquity in the county of Lanark, but had been transplanted into Nithisdale, is referred to in the following anecdote. In the reign of Kenneth the Second, a kinsman of the King having been taken and hung by the Picts, a great reward was offered by Kenneth, if any one would rescue and restore the corpse of his relation.

The enterprise was so hazardous, that no one would venture on so great a risk. "At last," so runs the tale, "a certain gentleman came to the King, and said, 'Dalziel,' which is the old Scottish word for 'I dare.'

He performed his engagement, and won for himself and his posterity the name which he had verified, and an armorial bearing corresponding to the action."

To James the First and to Charles the First the Dalziels owed their honours, and had the usual fortune of paying dearly for them, during the Great Rebellion, by sequestration, and by the imprisonment of Robert, first Earl of Carnwath, after the battle of Worcester, whither he attended Charles the Second. Undaunted by the adversities which his house had formerly endured, Robert Dalzell, of Glenae, sixth Earl of Carnwath, again came forward in 1715 to maintain the principles in which he had been nurtured, and to a.s.sist the family for whom his ancestors had suffered. During his childhood, the tutor of this n.o.bleman had made it his chief care to instil into his mind the doctrine of hereditary right, and its consequent, pa.s.sive obedience and non-resistance. At the University of Cambridge, young Dalzell had imbibed an affection for the liturgy and discipline of the Church of England; whilst his attainments had kept pace with the qualities of his heart, and the graces of his deportment. He was, in truth, a young man of fair promise, and one whose fate excited great interest, when a sombre tranquillity had succeeded to the turbulence of rebellion. Gentle in his address, affable, kind-hearted, Lord Carnwath had a natural and ready wit, and a great command of language, to which his English education had doubtless contributed. He was related by a former marriage between the families to the Earl of Wintoun, whose troop was commanded by Captain James Dalzell, the brother of Lord Carnwath. This young officer had served in the army of George the First, but he threw up his commission at the beginning of the Rebellion,--a circ.u.mstance which saved him from being shot at Preston as a deserter.[9]

Robert Balfour, fifth Earl of Burleigh, was among the chiefs who, shortly after the outbreak, avowed their adherence to the Pretender's party. He was one of the few Jacobites whose personal character has reflected discredit upon his motives, and disgraced his compeers: his story has the air of romance, but is perfectly reconcilable with the spirit of the times in which Lord Burleigh figured.

When a very young man he became attached to a girl of low rank, and was sent abroad by his friends in hopes of removing his attachment. Before he quitted Scotland, he swore, however, that if the young woman married in his absence, he would kill her husband. Upon returning home, he found that the unfortunate object of his affections had been united to Henry Stenhouse, the schoolmaster at Inverkeithing. The threat had not been uttered without a deep meaning: young Balfour kept his word, and hastening to the school where Stenhouse was pursuing his usual duties, he stabbed him in the midst of his scholars. The victim of this murderous attack died twelve days afterwards.

Nearly eight years had elapsed since the crime had been perpetrated, and the wretched murderer had encountered, since that time, his trial, in the Court of Justiciary, and had received sentence of death by beheading; but he escaped from prison a few days previously, by exchanging clothes with his sister. He was then a commoner; but in 1714, the t.i.tle of Lord Burleigh, and an estate of six hundred and ninety-seven pounds yearly, devolved upon him. When the Rebellion broke out, his restless spirit, as well, perhaps, as the loss of reputation, and the miseries of reflection, impelled him to enter into the contest.

Such were the princ.i.p.al promoters of the insurrection in the south of Scotland; they were held together by firm bonds of sympathy, and their plans were concerted in renewed conferences at stated periods.

The twenty-ninth of May was, of course, religiously observed by this increasing and formidable party. During the previous year (1714) the Jacobite gentry had met at Lochmaben, under pretence of a horse-racing; and, although it does not appear that the Earl of Nithisdale was among those who a.s.sembled on that occasion, yet several of his kinsmen attended. The plates which were the prizes had significant devices: on one of them were wrought figures of men in a falling posture; above them stood one "eminent person," the Pretender, underneath whom were inscribed the words from Ezekiel, xxi. 27, "I will overturn, overturn, overturn it: and it shall be no more, until he come whose right it is, and I will give it him." When the races were ended, Lord Burleigh, then Master of Burleigh, led the way to the Cross of Lochmaben, where, with great solemnity, drums beating, and colours displayed, those there colected drank to "_their King's health;_" the Master of Burleigh giving the toast, and uttering an imprecation on all such as should refuse to pledge it. These meetings had been continued for several years, and, during the reign of Queen Anne, without any molestation from Government.[10] Lord Nithisdale took a decided part in all these measures, and was one of those who were considered as entirely to be trusted by the Earl of Mar, with regard to the projected arrival of the Pretender in Scotland. On the sixth of August, 1715, that project was communicated by Mar to the Earl of Nithisdale, through the medium of Captain Dalzell, who was despatched likewise to Lord Kenmure, and to the Earl of Carnwath. Lord Nithisdale obeyed the summons, and met the great council of the Jacobite n.o.bles at Braemar, where the decisive and irrevocable step was taken.

Lord Nithisdale, in common with the other members of what was now termed the Jacobite a.s.sociation, had been diligently preparing the contest.

Meetings of the a.s.sociation had been frequent, and even public. The finest horses had been bought up at any cost, with saddles and accoutrements, and numbers of horse-shoes. Many country gentlemen, who were in the habit of keeping only two or three saddle-horses at a time, now collected double the number; and a suspicion prevailed that it was the intention of some, who were Jacobites, to mount a troop. But no seizure had been made of their property in the last reign, there being few justices of the peace in Dumfriess.h.i.+re, nominated by Queen Anne, who were not in the service of the Chevalier.[11] Trained bands were, however, soon raised by the well-affected gentry of the county for the protection of the neighbourhood; and Nithisdale was traversed by armed bands,--Closeburn House, then the residence of Sir Thomas Kirkpatrick,[12] being a frequent point of union for the friends of the Hanoverian interests to a.s.semble.[13] At Trepons, in the upper part of Nithisdale, was the first blood drawn that was shed in this disastrous quarrel, Mr. Bell of Nimsea, a Jacobite gentleman, being there shot through the leg by one of the guards, on his refusing to obey orders.[14] The occurrence was typical of the remorseless cruelty which was afterwards exhibited towards the brave but unfortunate insurgents.

By a clause in the act "for encouraging loyalty in Scotland," pa.s.sed on the thirtieth of August, power was given to the authorities to summon to Edinburgh all the heads of the Jacobite clans, and other suspected persons, by a certain day, to find bail for their good conduct. Among the long list of persons who were thus cited to appear, was the Earl of Nithisdale. Upon his non-appearance, he was, with the rest, denounced, and declared a rebel.[15] This citation was followed by an outbreak on the part of Lord Kenmure and his followers, simultaneous to that on which the Northumberland Jacobites had decided. And the borders now became the chief haunts of the insurgents, who continued moving from place to place, and from house to house, in order to ripen the scheme which involved, as they considered, their dearest interests.

The loyal inhabitants of Dumfries were engaged, one Sat.u.r.day, in the solemnities of preparation for the holy sacrament, when they received intimation of a plot to surprise and take possession of the town on the following sabbath, during the time of communion. This project was defeated by the prompt a.s.sembling of forces, notwithstanding that Lord Kenmure, with one hundred and fifty-three hors.e.m.e.n, advanced within a mile and a half of the town, on his march from Moffat. Upon being advised of the preparations made for defence, this too prudent commander addressed his troops, and said, "that he doubted not there were, in the town, as brave gentlemen there as himself, and that he would not go on to Dumfries that day." He returned to Lochmaben, where, on the following Thursday, the Pretender's standard was proclaimed: Lochmaben is a small market-town about fifteen miles from Dumfries; it served for some time as the head-quarters of the Jacobite party. "At their approach," relates the historian of that local insurrection, "the people of that place had put their cattle into a fold to make room for their horses; but the beasts having broken the fold, some of them drew home to the town a little before day; and a townsman, going to hunt one of 'em out of his yeard, called on his dog nam'd 'Help.' Hereupon the sentries cried 'Where?' and apprehending it had been a party from Dumfries to attack them, gave the alarm to the rebels, who got up in great confusion."

Lord Kenmure, attended by the Jacobite chiefs, and Lord Nithisdale, soon quitted the town of Lochmaben; and proceeding to Ecclefechan, and thence marching to Langholme, reached Hawick on the fifteenth of September, and determined on proceeding from that place into Teviotdale. Meantime measures were taken by the Duke of Roxburgh, who was Lieutenant Governor of Dumfriess.h.i.+re, to prevent the Castle of Carlaverock being made available for the Jacobite forces. The Duke gave orders that the back bridge of the isle should be taken off, and a communication thus cut off between the Papists in the lower part of Galloway and the rebels in the borders. The inhabitants of the parish of Carlaverock were also strictly watched, being tenants, mostly, of the Earl of Nithisdale; and the same precaution was taken with regard to his Lords.h.i.+p's tenantry in Traquair, Terregles, and Kirkcunyean; yet, according to the statement of Mr. Reay, a most violent partisan against the Jacobites, the humble dwellers on these estates were but little disposed to follow their chieftain, who took, so the same account declares, "only two or three domestic servants with him."[16] This, however, is contradicted by the a.s.sertion of Mr.

Patten, who specifies that Lord Nithisdale was followed by three hundred of his tenantry; and also by the expectations which were founded, upon a close survey and scrutiny, by the agents of the Chevalier before the outbreak.[17]

Lord Nithisdale had now taken a last farewell of the beautiful and smiling country of his forefathers; with what bright hopes, with what antic.i.p.ations of a successful march and a triumphant return he may have quitted Terregles, it is easy to conjecture. Unhappily his enterprise was linked to one over which a man, singularly ill-fitted for the office of command, presided: for it was decreed that the Jacobite forces, under the command of Lord Kenmure, should proceed to the a.s.sistance of Mr.

Forster's ill-fated insurrection in the north of England.