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Deposiciones of Sir Archibald Stewart of Blakhall, earle of Montrose, Lord Naper and the Laird of Keir
At Edinburgh, 4 August 1641, in presens of the Earle of Sutherland, Lordis Balmerino, Burghly and Forrester, the Lairds of Giffen, Innes, Langtoun and Erlistoun, the commissioners for the borrowis of Kirkcudbrycht, Kirkcaldy and Invernes who, with Maistir Adame Hepburne, wer appointed be the parliament to examine the noblemen and uthairis efternamed and to doe every thing necessar for preparatione of the procesis against them, conforme to the warrant granted thairanent.
Sir Archibald Stewart of Blakhall, being brocht doun from the castell of Edinburgh, wes demanded upon the first interrogator anent the instructionis given to Lieutennent Colonell Walter Stewart and whither they wer given be word or writt, whither or not they wer read in their presence, whither or not they were helped and eiked be them and who wer present and whither or not the paper did containe characteris lettres or not. Answered that to all ther interrogatoris he could answer no uthairwayes then as is in his former depositionis quhairunto he adhered, except only he craved the word 'instructions' to be helped and called 'motions recommended'; and that he rememberis he did sie a paper in Lieutennent Colonell Stewartis hand whiche wes rowed up, bot does not remember the quantitie of it. And siclyke declairis that the Earle of Montrose, Lord Naper, Laird of Keir and himself wer all present at bothe the meetings mentioned in his former depositiones. To the second interrogator aryseing upon the particularis of the paperis, he declairis he rememberis no more thairof then what is conteaned in this and his former depositiounes. To the thrid interrogator, answeris he never ressaved any accompt of his negotiatione except two lettres conteaned in his said former depositiones. To the fourt, denyis he ever ressaved or saw any suche paperis. To the fyft and sext, denyis he knowis any thing of them. To the sevint anent the disbanding of the army, he desyris that to his former depositioune anent this point may be added: that the lieutennent colonell sould not pass this point, bot only to behold the treattie with the commissioneris quhilk weld either resolve in a peace or a warre; if in a peace then his majesties dounecomeing seemed to dissolve or enforce the disbanding of the armyis by consent, and if in a warre they needed not expect either the disbanding or his majesties dounecoming. To the eight interrogator, who wer those they suspected weld oppose the king, religione and libertyis being granted, and quhairin they thocht his majestie weld be opposed, he denyis he knowis of any suche personis; nether did he ever hier of any of that kinde named in generale or particular. He denyis he knowis any thing of the nynt interrogator anent the wayteing be the duke for the Lord Naper or Keir. To the tent interrogator whether or not they gave direction to Lieutennent Colonell Walter Stewart to impart, recommend or acquaint the Earle of Traquair with their directione, he desyris that this may be added: that at the nameing of the Earle of Traquair it wes opposed be the Lord Naper and assented unto be the most pairt of the rest. To the elevint interrogator anent the derectione to the Duke of Lenox, he declairis the same as in his former depositione. To the tuelft interrogator, he denyis that ever he ressaved or did sie any of Lieutennent Colonell Stewartis paperis conteaning the report of his negotiatione. He confesses the threttent anent the keiping of secrecy. The deponer being enquyred whither or not he knowis any more of this present bussines and subject, declaire he knowis no more then is herein conteaned and in his former depositiones. Subscribitur with his hand.
At Edinburgh, 4 August, a meridie presentibus ut ante meridiem
The Earle of Montrose being brocht doune from the castell, who being requyred to answer to the interrogatouris conteaned in the paper, his lordship answered that he wes now by warrand from the parliament cited to appear befor them, who had warranted his lordship to advyse and consult with advocatis and lawyeris, in whose hands he had referred his whole proces and himself also, to whom he wes bound that he weld doe nothing bot with their advyse and approbatione; and declared he wes willing in all humilitie to give obedience to any of the parliamentis commandementis if it wer in his power, bot being tyid to his procuratoris, he could doe nothing heirin till they gave his lordship resolutione thairanent, and therfor craved tyme to advyse with them befor he gave any answer to any interrogatouris. It was represented to his lordship be the president of the comitie that their interrogatouris wer all upon fact and not in law and so needed no resolutione from lawyers. To the quhilk his lordship answered that his proces consisted of two halfis, the one in law, the other in fact, both quhilk points he had referred to his lawyeris and procuratoris. Being lykewayes demanded what tyme he weld tak to give answer, whither his lordship weld answer to their interrogatouris or not, answered that betwixt and to morrow at ten houris in the morning he weld be resolved and sould give ane answer thairanent at that tyme.
Balmerino, I[n] p[raesentia] c[oncilii] d[ominorum]
At Edinburgh, 5 August 1641, in presens forsaid
The Lord Naper being interrogat if his lordship had any farder to say then wes conteaned in his lordships former depositiones, declaired he had no more to say then what he had formerly deponed. Being desyred to explaine that part of the depositione anent the paper showen to his lordship be the Laird of Keir brocht doune be Walter Stewart, his lordship declaired, as in his former depositione, that he did sie that paper quhilk his lordship acknowledged wes this of the thrid of Marche 1641, or the lyke thairof, whiche his lordship did sie to his memory, quhilk he referis to the Laird of Keiris knowledge. Being lykewayis interrogat if Walter Stewart did mentione to his lordship ane band to be subscribitur be the duke and his freinde and uthairis for their owne safety, answered that he never heard of any suche band mentioned be Walter Stewart or any other. Being also interrogat fra whom the said paper brocht be Walter Stewart wes sent or at whose directions, his lordship answeris that he knowis not fra whom it coms or at whose directione, bet that he only saw it; and having heard the Laird of Keir mak relatione of the heads of it, his lordship thocht it wes bet ane answer of their directiones to the said Walter. And declairis that his lordship hes no more to say in the bussines.
Naper
At Edinburgh, the said day
The Laird of Keir, being interrogat anent the instructiones given to Lieutenent Colonell Walter Stewart, whither be word or writt, whither read to them and eiked or helped be thair advyse as in the interrogator, declaris that he knowis no more then is in his former depositione, and declairis he nether saw paper or ink, nether did they wryte any, nor did any wryte at their derectione. The paper of the thrid of Marche at Whythall 1641, being showen to the said Laird of Keir and asked whither or not Walter Stewart did show him this paper or the lyke and left the same with him, answered that he did sie this paper or the lyke, quhairof he did take the copy without interrogating him fra whom he had the same, or be whose mediatione these wer proponed to the king and his majesties answer ressaved, bot conceaves it wes be the duke, in regard their former desyre wes to have his addres to the duke. The first litle paper bearing Walter Stewartis instructiones being showen to the deponer, he denyis ever he did sie that paper befor or that he knowis any thing of the particularis thereof. Being demanded if at any of their meitings there wes any discourse anent the disbanding of the army, declaired there wes a discourse thairof moved, quhairunto it wes answered that there wes no doubt, bot if the treattie went on and sattled peaceably the committies and generall wold accead and consent to the disbanding thairof, or if his majestie wold grant the securitie of religione and libertyis and so satisfie the people the army wold then be the king's army and every one wold willingly lay doune their armis at his majesties feet. Being lykewayes interrogat if the deponer did know or could name any of these who weld oppose the king (thir sevin words are deleitt at the deponeris desyre) or doing any thing contrair to the publict, answered he knowis none, nether can he name any of the kynde. The deponer declaris that he agried with Lieutennent Colonell Walter Stewart that for fear of misenterpretationes in cais the letteris sould be seene, in cais he sould wryte any thing to him, it sould be for the king's doune comeing, written his owne dounecomeing, and that for the offices of estates he sould wryte that he had things for him whiche weld be keeped and lent doune or some suche lyke. Being lykewayis demanded if he had heard any thing of a band to have bene subjectit be the duke and his friendis, declared he had heard that it was spoken of to the Earle of Montrose, bot that he never heard it spoken to himself be any, nether did speak of any suche purpose to any persone. And being interrogat upon the paper quhilk Lieutennent Colonlell Walter Stewart brocht from court with him begining to speak with the generall anent Lord Stewart and ending at the articles anent the plantationis, quhilk paper being showen to the deponer and interrogat whither or not he had ever seene the said paper or taken a copy thairof, declaris that so farre as he rememberis he never did sie it or tak a copy thairof. And being interrogat if the deponer knowis any who have beene practising or dealling for their owne privat or particular endis, he desyred that he mycht not be put to it to answer thairto becaus he thocht it come not within the compas of this committies comissioune.
George Sterling of Keir; Balmerinocht, I[n] p[raesentia] c[oncilii] d[ominorum]
At Edinburgh, the said day, efternoone
The Laird of Keir being commanded be the parliament to declare to the committee what he knowis of any who have bene practising or dealling for their owne privat or particular ends, declaris as followis, viz: shortly efter the army come to Newcastle, one with a message or commissione come to Newcastle. Thairefter Maistir Eleazar Borthwik wes dispatched and sent away without consulting of the comittie, who wes comanded be the parliament to attend the army. These who ressaved the commissione and despatched away Maistir Eleazar were some of the commitie, the deponer could not condiscend upon their names. And in respect the deponer wes urged be the commitie to show and sett under his hand what farder he knowis upon the forsaid question, being loathe to touche upon these parties whom he respected, desyred to be delayed untill he had acquitt himselff to them. Whiche being refused be the comittie, he declared that he understood be the Earle of Argyle that the Earle of Rothes had written to lett him know if his lordship had a mynde to be chancellar of Scotland, and lykewayis did sie the Earle of Argyles answer to the Earle of Rothes, quhairin he did chow that he had no suche intention; and declare he knowis no more upon this questione.
George Sterling of Keir; Balmerinocht, I[n] p[raesentia] c[oncilii] d[ominorum]
6 Augusti 1641
Producit and publicklie red in audience of the parliament.
At Edinburgh, 5 August 1641, in presence of the persones as on the 4 of August and of the commissionar of Dysart
The Earle of Montrose being interrogat whither or not his lordship knowis any who have bene practiseing or dealling for their owne privat ende to the prejudice of the publict and what their practises wer, declairis that that band whiche his lordship and uthairis did conceave wes built upon some indirect practiking as they did understand. It did consist of two points, the one anent jealouseis and presumptiones touching ane dictatory, the other concerning the encantoning of a part of the countrey. And declairis that for the personis, his lordship knowes of none to his memory for the present except the Earle of Argyle, who wes suspected for the dictatory and named for the other. And being interrogat what hand the said Earle of Argyle or ony uthair had in these particularis, declairis that for the tyme his lordships memory does not serve him to show any more then what is befor sett doune. Being interrogat whither his lordship had written any letteris to his majestie the tyme he wes in Berwick, declaris to his memory he did wryte none, bot declares that in the tyme of the parliament or assembly his lordship did wryte one or two and efter that tyme to his lordships memory did wryte none till the army wes at Newcastle, at whiche tyme his lordship did wryte one letter. Neither does his lordship remember particularly the tenor of any of these letteris. And being interrogat upon the paper concerneing the band whiche wes brunt, declared that he did know the paper and acknowledged that it wes helped with his lordships hand. As lykewayes being interrogat what wes the reasone why suche a paper sould have been drawen up in justificatione of that band whiche wes brunt and disclamed, answered that it wes not intended as ane justificatione of the band for they did imagine that all of that kynd wes already assopat, bot that it wes his lordships owne privat thochtis, quhilk wes not to come without the bounds of his owne charter kist for what his lordship did entend for the tyme, and that the paper wes written be James Grahame, his lordships servant. Being interrogat whither or not his lordship had given directione to umquhill Maistir Johne Stewart to cry out all he could against the Earle of Argyle anent the band or his uthair particular carriage, answered not, unles it may have appeared be consequence, for quhairas the said umquhill Maistir Johne averred suche and suche things, for truthe his lordship did conceave his warrand too meane a ground to let them come to the publictis earis altho it seemed to be conceaved by them, bot if thairefter he did mak them appear suche as there wer any reall grounds for howsoever there wer appearances of jealousies, then suche wayes mycht be taken in them as did most sute with the publict interest. Being also interrogat whither or not there wes any appointment maid with the Earle of Athole or the said umquhill Maistir Johne for making ready and bringing over witnesses to the parliament, declares there wes none. Being interrogat what his lordship meant be the word 'jewell' in his lordships letter to Walter Stewart, penult Aprile, answered that it wes anent a letter from the palsgrave for caling his lordship up to court for the palsgraves owne particular, whiche come upon a discourse betwixt Walter and him at Broxmouthe and whiche Walter thocht a good occassioune to deal with his majestie and the commissionaris for his majesties downe comeing to Scotland. And siclyke declare that there past some discourses betwixt his lordship and Colonell Cochrane in the way betuixt Newcastle and Chester, as also in his lordship lodging at Newcastle anent the reasons of the brunt band, bot does not remember the particular wordis or expressionis. As also declaire he had heard muche noyse and buzeing anent the wordis for deposing the king allegit spoken at the foord of Lyon, bot that he had never heard it from any particular man to his memory whiche his lordship could build upon untill he heard it from Maistir Johne Stewart, whiche wes at Scoone. And being interrogat upon the first generall article anent Walter Stewartis instructions, whither the same wes be word or writt, whither dyted or helped be them etc., declairis that to his lordships knowledge he had nothing but a generall commissione to the duke. Nether did they know at all any thing of these characteris, nor does his lordship remember any thing else except suche purposes as did fall in be discourse, quhairin he had no comissioun. And being interrogat whither or not his lordship did sie and kieped by him a day or two the propositiones to his majestie and answeris therof daitted 3 Marche 1641 at Whythall, and the paper being showen to the deponer, answered efter reiding of the said paper that the Laird of Keir had told his lordship some suche purposes as are conteaned in the said paper, bot does not remember that he did sie or kieped the said paper. And being interrogat anent the uthair paper brocht downe with Walter Stewart, declare he never did sie this paper or heard any thing of the purposes thairof.
Montrose; Balmerino, I[n] p[raesentia] c[oncilii] d[ominorum]
6 Augusti 1641
Producit and publiklie red in audience of the parliament.