Sir James Steuart (afterwards Steuart Denham) of Goodtrees and
Coltness, second baronet. His father had been Solicitor-General, and
his grandfather Lord Advocate, and both belonged to the party of the
Covenanters. Sir James was born in 1712, and in 1743 he married Lady
Frances, daughter of the fourth Earl of Wemyss, and sister of Lord
Elcho, one of the Jacobite leaders of the ’Forty-five. When Prince
Charles came to Edinburgh, Sir James joined his Court, and he is the
reputed author of some of the Prince’s manifestos. In the autumn of
1745 he was sent to France as the Prince’s agent.
In the Stuart Papers there is a document headed ‘A Copy of Sir James
Stewart’s powers, Dec. 29, 1746.’
‘Nous Charles Prince de Galles Regent des Royaumes d’Angleterre,
d’Ecosse, etc. jugeant qu’il est notre service dans la
conjouncture presente de charger de nos affaires auprès de Sa
Majesté très-chretienne une personne instruite de nos intentions
nous avons choisi le Chevalier Baronet Stuart auquel nous avons
donné et donnons pouvoir, commission, et mandement special
de traitter et negotier avec les ministres de Sa Majesté
[très-chrètienne] arrester, conclure et signer avec eux tous les
articles ou conventions qu’il avisera bon être.... Fait a Paris
ce 29 Decembre 1746.’
This seems to be a copy of the credential which he received in
Edinburgh, and which, probably for precautionary reasons, he did not
carry with him in case of being captured and searched. The whole
commission is printed among the Stuart Papers in Browne’s _History of
the Highlands_, vol. iii. p. 472.
Sir James was specially excepted from the Act of Indemnity of 1747. He
wandered on the Continent until 1763, when he was permitted to return
to Scotland. He received a pardon in 1771, and died in 1780. He was
author of _Inquiry into the Principles of Political Economy_ (1767),
and other works. There is information about his Jacobite career in the
narratives of his brother-in-law, Lord Elcho, recently published, also
a long biography in _The Coltness Collections_, in which every effort
is made to ignore or minimise his Jacobitism.
There was something mysterious both about his joining the Jacobite
Court and about his departure from Scotland. Robert Chambers, in his
_History of the Rebellion_, chap. xxiv., relates, upon the authority of
Sir Henry Steuart of Allanton, Sir James’s near relative, the story of
his joining the Prince at Holyrood, which may be told in Chambers’s own
words.
‘Descended of a whig family, Sir James had, nevertheless, allowed
himself, in the course of his travels, to form an intimacy with
the Stuart princes and some of their principal adherents. He
had more lately been piqued at the treatment he had received
at an election from one of the officers of the government. He
was disposed to join the enterprise of the Prince, but wished
that, in doing so, he should not appear quite a free agent. His
sister’s husband, the Earl of Buchan, a good man, of moderate
understanding, was brought by him to the same views, and they
agreed with Lady Steuart’s brother, Lord Elcho, that they should
be seized in a public place, and carried to Holyrood House, as if
against their will. Walking next day at the cross of Edinburgh,
Sir James and the earl were seized accordingly, and conducted
to the palace. There a message was sent from an anteroom to the
Chevalier, mentioning their presence. The Prince, who in the
meanwhile had heard of the manner of their visit, returned for
answer, that if the Earl of Buchan and Sir James Steuart came
as willing partisans to befriend his cause, he should be proud
and happy to see them, but not otherwise. This bluntness, though
honourable to the Prince’s candour, displeased Buchan, whose
resolution, perhaps, had already begun to give way. He therefore
made a low bow to the officer, and said: “Please inform his royal
highness that I have the honour to be his most obedient humble
servant”; after which he instantly left the palace. Sir James,
too much offended with the government to retrace his steps,
remained to see the Prince upon the terms prescribed.’
There was something still more mysterious about his departure. The
following depositions were found in the Records of the Sheriff Court
of Kincardineshire by Dr. W. A. Macnaughton of Stonehaven,[639] who
kindly sent them to me. The depositions were taken from witnesses in
a civil action of false imprisonment by James Grant against Alexander
Garioch of Mergie. Garioch acted as deputy governor of Stonehaven for
Prince Charles. Apparently the authorities took the opportunity of
interrogating the Jacobite witnesses about Sir James. The portions of
the depositions that refer to Sir James Steuart only are here given.
1. PETER BARCLAY of Johnstoun[640] ... Being Interrogate
concerning Sir James Stewart Depones that some time about the
middle of November or a little before it, the Deponent had
occasion to be at Stonhyve in a Tavern with Mr. Garioch, that
he saw a person who passed under the Name of Brown, and who was
called by Mergie to the Deponent a Prisoner, but that there was
no guard sett upon him and the Deponent saw him at liberty to go
out and in under no confinement that the Deponent could observe,
That the Deponent had had occasion about sixteen years before
to be in company with Sir James Stewart That when the Deponent
saw this person who was called Brown he thought he had seen him
before, but could not then recollect who he was That the day
after the Deponent had seen this person he was conversing with
one Menzies in the French service was enquiring who this person
might be and was positive he had seen him before, That Menzies
said he did not know who he was, but that some days before Lord
Lewis Gordon had been dining with him, and he observed that Lord
Lewis was Drinking to this person his health That upon this the
Deponent recollected and said he imagined him to be Sir James
Stuart, Depones that when that person was ordered to be taken
on board of a ffrench ship by Mergie’s command he took a formal
protest in waiting against Mergie for forcing him out of the
Kingdom against his will, Being interrogate if he thought it was
a serious protest Depones that he did not know what to think of
it but was very much surprised at the whole proceeding and that
when the Deponent said to Mergie that he judged this person to
be Sir James Stuart, Mergie absolutely refused that it was, that
this person went down to the Boat in order to embark aboard of
the ship which lay at anchor without any guard attending him,
Mergie and the Deponent and several others went along with him to
the Boat.
4. JOHN MAULE[641] Depones that some time in October 1745 a
ffrench ship arrived in the Harbour of Stonhyve with some chests
of Arms, six pieces of cannon, and other warlike stores, That
Mergie received from the Hands of one Black, who called himself
Supercargo of the said Ship all these Warlike Instruments, and
called in the country to assist in carrying them southwards,
Depones that the above mentioned Black went south along with
the cargo of Arms etc. which were brought from on board the
above mentioned vessel, and returned again in about 2 weeks
after he arrived at the Publick House keeped by John Falconer
and that there was in his company as the Deponent had occasion
to see immediately after his arrival a Gentleman unknown to the
Deponent, that when the Deponent enquired at Black who this
Person was Black told him he had met with him at Montrose,
and believed him to be one of the officers who had been taken
Prisoner at the Battle of Prestonpans and had made his Escape
That Black desired the Deponent to go to Mergie and inform him
that there was such a Gentleman at Mr. Falconer’s house whom he
suspected to be an officer of General Cope’s Army who had made
his escape, That the deponent delivered this message to Mergie,
upon which Mergie came directly up to the Mill of Stonhyve
That the Deponent accompanied Mergie with a Guard, That Mergie
and Black took the said Person unknown to the Deponent into
an Apartment by themselves, and after staying about an Hour
returned again and showed to the Deponent a Black Cockade and
about sixty or seventy Pistoll shot, which he said he had found
upon searching about this unknown Person, and ordered him to be
keeped Prisoner, and accordingly a Guard was placed upon the
House all that night That next day the Deponent was sent for by
Mergie and received orders from him to Remove the Guard which
was upon the said unknown person, and to take the Custody and
care of him himself, and desired him to keep sight of him and
not suffer him to make his Escape, That for two or three days
the Deponent keept a pritty watchful eye over the said unknown
Gentleman during the daytime and at night there was always a
Guard of three or four men placed on the House But after that
during his stay in Stonhyve the Deponent sometimes attended the
said Gentleman when he walked for his Recreation any distance
from the Town but he was left for most part without any guard
or attendance That during the time of the said person’s stay at
Stonhyve Mergie was frequently in company with him at Dinner and
Supper and frequently they were alone together Depones that
one day when the deponent was in the laigh Room of the Mill of
Stonhyve he heard this unknown Gentleman and the first and second
Master of the abovementioned French ship in company in the Room
immediately above, That the Deponent heard them laughing and
very merry together, that they were speaking ffrench and so loud
that if the deponent had understood it, he might have heard what
they said very well, That after the abovementioned Company above
stairs had parted, the Deponent met with the second master of the
French vessel and asked him how it came about that he was so very
familiar and so free in the Company of that gentleman who was
a Prisoner, Oh! said the master in English which he spoke very
well, you are quite mistaken, this is one of our own friends,
Depones that to the best of the Deponent’s remembrance this
Person staid in town about eight or ten days, that when the Ship
was ready to sail Mergie signed a formal Warrand for Transporting
him in the said ship to France, and a Guard was placed in order
to convey him to the Boat, That the said Person took a formal
protest agt. Mergie for sending him out of the Kingdom against
his Will, and being Interrogate if he understood the said Protest
to be serious Depones that he did not know what to think of
it and was very much surprised when he considered of all the
proceedings in relation to this person from first to last, how
he was upon his first arrival under a strick Guard afterwards
very much at Liberty and last of all formally sent aboard of the
ship to be transported seemingly against his will, That when this
Person was going into the Boat and taking his leave of other
people upon the shoar he came up to the deponent and embracing
him very kindly, told him that he was very sensible of his
civilities, and would represent his good Behaviour to people that
he did not then think of, Depones that he remembers when this
person was in Stonhyve, there was an attempt made by the _Ludlow
Castle_, a Ship belonging to the King’s Navy, to force the
harbour by her boat with about fifty men or thereby, That upon
this Occasion the unknown person above mentioned was very active
in assisting and directing the French crew about the manner of
Planting their Battery and Defending the Harbour in which he
seemed to have skill, Depones that Mergie at first when this
person was committed to the Deponent’s custody charged him to
be very strict in his Watch over him, but shortly after desired
him to be easy with him and let him go about his business as he
pleased Depones that he would know this person if he saw him
again But that he knew nothing who he was during the Time of his
stay at Stonhyve, that shortly after he heard from people that
came from the south that it was Sir James Stewart That a few days
after the said person came to Stonhyve Sir Alexander Bannerman
came and waited upon him at the Mill of Stonhyve immediately
after the Deponent received Orders from Mergie not to be strict
in his guard over the said person Depones that when he saw the
said Person so very active in giving directions about planting
the Cannon against the King’s Boat which attempted the Harbour he
did then and not till then suspect that his being a Prisoner was
a Farce.
6. WILLIAM HERDMAN ... Being Interrogate concerning Sir James
Stewart Depones that he had occasion to see and be in company
sometimes with a Gentleman who was said to be a Prisoner, That
for several days after his arrival he was strictly guarded, but
after that was left at large to go where he pleased, That one
Black who came over as Supercargo on board a French vessel and
had gone to the south about three weeks before Returned again in
company with this unknown gentleman, That he said he had met with
this Gentleman upon the Road but did not know who he was, That
the Deponent sincerely believed this gentleman by his behaviour
and conversation to be a person well affected to the Government,
till the _Ludlow Castle_, one of His Majesty’s Ships, appeared
and attempted to make the Harbour with her long Boat and some
men on board, upon which occasion the Deponent observed that
this gentleman seemed to be in some hurry and concern and as the
Deponent was passing near to the Harbour he saw this gentleman
and Mr. Black standing together and heard the said gentleman
calling out with an appearance of solicitude and Keenness to the
people who were driving down Dung to the shore for Defence of the
Harbour, to go faster, or saying something to that purpose which
occasioned in the Deponent a strong suspicion that he was in
reality in the interest of the Pretender’s Party But after that
when he saw him carried down to the ship like a Criminal with a
Guard about him, the Deponent was confounded and did not know
what to think of it, That sometime thereafter the Deponent heard
a Rumor in the Country that it was Sir James Stewart, after that
Mergie told him that it was Sir James Stewart and Jocked at his
ignorance in Imagining that he was really a Prisoner.
7. JOHN LAWSON, Doctor,[642] ... Being Interrogate concerning
Sir James Stewart Depones that sometime towards the end of 1745
there arrived a ffrench ship in the Harbour of Stonhyve That one
Black who was said to be supercargo of the said ship came and
Lodged in the Deponent’s House That shortly after his arrival he
went south, and about a fortnight or three weeks thereafter the
said Mr. Black returned and arrived at the Mill of Stonhyve and
in his company there was an unknown Gentleman who was immediately
taken as a Prisoner by Mergie, That the Deponent had occasion to
see the said Gentleman about an Hour after his arrival and saw
Weileyes (? valise) or a Bagg which the Deponent was told Mergie
had searched, and in which nothing was remarkable but a small
Duck Bagg with some Pistoll Ball in it and a Black Cockade, That
the Deponent observed about three or four days after his arrival
he was more at liberty only John Maule Writer in Stonhyve was
said always to have him in custody, the Deponent has seen him
alone without anybody looking after him, That some days after his
arrival Sir Alexr. Bannerman came to Stonhyve Depones that he had
a strong Impression from what he heard talked of frequently that
this Person’s Confinement was only a Farce, That the Deponent
heard some time after the said Gentleman was put on board the
French ship that he was Sir James Stewart of Goodtrees.
8. JOHN FALCONER[643] ... Being Interrogate concerning Sir James
Stewart Depones that a person unknown to him, said to be a
Prisoner of Mergie’s and passed under the name of Brown lodged in
his House, that after the first three or four days he was left
at Liberty to go where he pleased either upon foot or Horseback
upon Parole as the Deponent heard to Mergie, and the Deponent
thinks he could have easily made his escape if he had a mind the
Deponent has seen him frequently privately in company with Mergie.