[Deposition of the earl of Tarras before his majesty's commissioner]

In May (I think it was) 1683 I got a letter from [George Pringle of] Torwoodlee desiring me to dinner next day. I returned him answer by word I should obey his letter, with all he desired, I should bring the money left with me by a friend. Next day when I came to his house I found [James Murray of] Philiphaugh with him about the gates. When I alighted I asked Torwoodlee what commands he had for me; he said there was a friend that desired to see me (whether it was him or Philiphaugh that named Mr [Robert] Martin I remember not) but after I asked Philiphaugh for what Mr Martin was come, there he answered me he believed to move us in Scotland to a rebellion by joining with them in England. And my answer was, 'I would look before I leap, such an affair was not to be meddled with'.

Within a little Mr Martin came to the hall, and shortly after Torwoodlee desired me up stairs and Martin followed, who gave me a letter directed to my wife, which I read. It was a little piece of paper of three or four lines desiring the money left might be given to the bearer who would take care to transmit it to him. I told Mr Martin (though it was not subscribed) I took the hand to be Jerviswood's, and told him Torwoodlee had written to me to bring this money; and it was here he desired me to give it to Torwoodlee, which I caused do when I went down, when Philiphaugh was with him.

Martin and I took some turns in the chamber. I asked him how friends and acquaintances did and what news at London; he said things were in great disorder and likely to come to a height, that the country party were considering on methods how to secure the Protestant religion in case it should be in hazard. I asked what way; he said by the king's calling of a parliament, and, if the king would not call a parliament, they were thinking of associating themselves. He said things were not concerted yet above, but they would be shortly. I asked by whom; he said by the country party there and the Scotsmen there. He told me that Argyll was to get £10,000, whereas £30,000 was sought by the Scotsmen at London, and it was to be sent to Holland that he might provide arms etc. to land in the west highlands, and a friend of mine was to go over with it, [Robert Baillie of] Jerviswood, he named. This passed between Mr Martin and me before dinner. He had in his hand the time he walked with me, I remember, a little bit of paper not over four or five inches long and not above two broad, that he looked on now and then. And after dinner, Philiphaugh, Torwoodlee, Mr Martin and I being present altogether, Torwoodlee spoke first, saying that Mr Martin was lately come from London, and he had been giving him some account of things passing there. That which was spoke amongst us was Mr Martin upon supposition that in England, if they should be resolved to do something for the securing of the Protestant interest, what assistance might they expect from Scotland; and if it were not fit, in that case to seize some of the officers of state, and to furnish Berwick and Stirling, and to seize some of the horses and arms then in the south. And if it were not fit, to have a settled correspondence with England that, if possible, the business might be trusted to a day in both kingdoms. This correspondence was judged not fit and not practicable, and trusting to a day likewise not to be done and of dangerous consequence to Scotland. The surprising of the officers of state and Berwick and Stirling were rejected as bloody actions and inconsistent with the Protestant religion and defensive arms, and that England had many times made a great noise of such designs and all which had vanished and so it might prove still. Argyll's coming to the west was spoken of at Torwoodlee, and Mr Martin said that all the Scotsmen at London would come down so soon as things were concerted there, naming Sir John Cochrane [of Ochiltree], Jerviswood and Commissary Munro to act or do here, according to the resolution there, the which he said to me before.

After this Torwoodlee desired me to go to Galashiels that night, where he said [Sir Patrick Hume of] Polwarth would be, and told me that he and Mr Martin had been with Polwarth the day before. Philiphaugh and I went to Galashiels that night where Polwarth came. [Hugh Scott of] Galashiels, Philiphaugh, Polwarth and I being together after supper, the same discourse was talked again a little more freely, but all the overtures as above-written were still rejected, and the company declared they would not undertake any such design, at least until they were fully informed what those in England projected, and what methods they resolved to follow, and who were to be the ringleaders. It was said be some they believed [James Scott], duke of Monmouth would meddle with no such thing during the king's life, and that it might be but the commonwealth party, and it has the opinion of the company, at least declared by the most part, that they would not concur if any design were against the king's person or monarchy in these kingdoms. It was said by Polwarth he did not suspect they would have any such design, for he heard it was the opinion of many of that party in England that if once they were together in a body, the king would hear them, and be induced to call a parliament and suffer them to process the duke for popery and alleged accession to the plot. So nothing concluded, but a new meeting appointed one Midsummer day, which was not to my knowledge, but that we should keep up that term's cess until after the term of payment. And likewise that every one should be inquiring indirectly, at persons whom they confided in, what arms there was in the country, and what men affected to that interest, without proposing particulars to them. Likewise it was talked in such a case all that could be done in the south (in case they were satisfied with England's design and resolutions) was that they should draw together until they became able to deal with straggling parties, and then march toward the borders and join those of the English side. And that it would be fit to have officers there trusted, that it was moved to the company to see what horse and dragoons were in the country, and where they grazed abroad, that, in case of such a resolution, their horses might be seized on, and then it would be the fittest time for Argyll to come over to the west highlands.

Philiphaugh came to my house some time after and told me of a sign and a word was amongst these gentlemen, the opening and putting in again of a button and the word, 'Harmony'. I asked who gave him that: he said Torwoodlee.

At three meetings at Torwoodlee and Galashiels, it was moved to whom we should speak indirectly of this affair. There were several named, some to be spoke to upon supposition only, and others to be left alone until the push. Torwoodlee was to acquaint an indulged or outed minister in the west (I know not his name) who might be trusted to try some about him; Polwarth to acquaint some about him and in East Lothian; Galashiels, his town and about; Philiphaugh and I about us.

Jerviswood desired me some time last winter or the beginning of the spring to acquaint Torwoodlee that Mr William Veitch in Northumberland was too openly up and down, and desired that Torwoodlee might acquaint him so much that he keep himself more private, else they might detect him; for he heard or feared some designed it, which Torwoodlee sometime after told me he had immediately done upon the advertisement.

When Torwoodlee had received that money of Jerviswood's before spoken of from my servant, he laid it by and asked me if it was in English money. I said it was the same, I supposed, he had left at my house. He said it was no matter, he would send it to William Veitch who would have a care to get English money for him.

I asked Polwarth (whether at Galashiels or where I do not exactly remember) why he had not been chosen commissioner for the last parliament. His answer was he was satisfied he was not, for, if he had, he said he would have objected against the duke's sitting there as the king's commissioner because he was a papist.

When I went to meet the chancellor and treasurer, when they came together from London last time (save once I came back) and some other company by Polwarth's house, he asked me what news. I said I heard Mr Martin was dead in Holland; he answered he was more afraid of another than of him, whom I would not think. Who it was I did not ask, nor do not know.

In August thereafter (I think it was) at Jedburgh Race or beginning of September, Polwarth and I talking together before we went out, he said to me that before long I might find that a lieutenant of horse would be better than any baron and a captain better than any lord in the country. My answer was I thought that was not the lords' interest or to this purpose.

I heard from Galashiels or his lady at their own house (some time ago), for they were both present, that they had heard Argyll went through their town when he made his escape out of prison, and that they heard he was furnished with horses at Torwoodlee, and that at the time Argyll passed, Galashiels himself was not at home.

The day before the lords of the circuit came to Jedburgh, Sir William Scott, younger, [of Harden] came to my house. I let some thing fall to him of these affairs of England, and that it might be supposed things would come to some crisis before long, desired him to keep it to himself until further. The next day news came of the discovery of the plot in England. That night Torwoodlee came to my house to meet the lords of the circuit. Next day Sir William and he lay together. I sat with them a little in their chamber before they went to bed, and some little talk was of England, but no more than what passed about that time in the streets. Being unwell, I left them very soon that night, and they went away timely next morning to meet the lords.

Walter Scott, late earl of Tarras

20 May 1685

In presence of the lord commissioner's grace and the lords of the articles, Walter Scott, sometime earl of Tarras, one of the witnesses cited by his majesty's advocate for proving the libel against the lairds of Polwarth and Torwoodlee and Mr Robert Martin, of the age of [...], married, being solemnly sworn, purged of partial counsel and malice, and receiving good deed and interrogated upon the said libel, testifies according to what is contained in the paper written within, which he declares to be his true deposition of all that he knows in that matter in relation to the lairds of Polwarth and Torwoodlee and Mr Robert Martin as to what is libelled against them. And this is the truth as he shall answer to God.

Walter Scott, late earl of Tarras; [James Drummond, earl of] Perth, chancellor, in the presence of the lords of the articles

22 May 1685

Walter Scott, sometimes earl of Tarras, being solemnly sworn in presence of his majesty's commissioner and the parliament, and purged, having heard his declaration written within read to him, he adhered thereto in every respect. And this is the truth as he shall answer to God.

Walter Scott, late earl of Tarras; Perth, chancellor, in the presence of the lords of parliament

  1. NAS. PA6/21, 'May 15 1685', f.1-2v. Back