set him to inquire after the Hamiltons of Carlow, and he is to send me the result of his inquiries either to me at Dublin or after the 24th inst. directed to me at Nethertown House. I shall take to-morrow's mail back to Dublin, where I shall await hearing from you in answer hereto, and determine thereby my further proceedings or return to England, I do not know what more I can do. I think I have been very fortunate; could I perceive a chance of more good any where I should certainly resort to it; but I do not view any opening, and therefore what I say here must be either acted upon or suspended, according to what, on further consideration after my return, may be judged most expedient. My best regards to Lady Stirling and all the family, with those to yourself, of, my dear Lord, yours most faithfully, (Signed) T. C. BANKS. MR BANKS TO LORD STIRLING. Dublin, 24th March, 1829. My dear Lord,-Not having any letter from you in answer to my last, I have to mention that I shall leave this place to-morrow morning at seven A. M., for Howth, and thence to Holyhead, so that I suppose I shall be with you on Friday by the Salop coach. I have not had any letter from Mr Montgomery nor Lord Dufferin, but have had an answer from Mr Conyers at Charles Ville, that his and the family at Carlow were not connected. This reply terminates all further inquiry after Conyers. I ought to have noticed before the kind attentions of Mr Armstrong to promote your suc cess in every way possible to him. He has published an ordination with an appendix of all the eminent presbyterian ministers, and has noticed the deceased J. A. very particularly. He has presented you, through me, with a copy, and I have brought three others for all tends to confirm and corroborate the series of your documents of descent. Yesterday, I went to Harold's Cross with a letter from him to the Rev. Philip Taylor, who was a schoolfellow with your uncle the Rev. J. A., of whom he spoke in a great strain of eulogy, but does not recollect of ever hearing him mention his descent from the Stirling title. He is very old, but in perfect recollection. This moment I am returned from a very long and interesting interview with Hamilton Rowan, a most delightful old man, who received me with great complacency, and has let me have his family pedigree to peruse. I am afraid of being too late for the post, and since I shall see you soon, I must defer all other detail till you meet. I am very hoarse from my cold. With best regards to Lady Stirling and all the family, I remain, my dear Lord, yours most faithfully. (Signed) T. C. BANKS. MR BANKS TO MR LOCKHART. Netherton House, 10th April, 1829. My dear Sir, I dare say you are rather surprised at not having heard from me long before this, but I have been so much engaged in several material respects with regard to myself, and others with reference to Lord Stirling's business, as to have occupied the greatest part of my time; while the other was waiting in great anxiety to hear from him, and be enabled to proceed from Ireland to you at Edinburgh, according as we had arranged. The important primum mobile of action not having been yet achieved, I found it requisite for me to return hither, instead of crossing to Port Patrick; and thus I deemed it was more advisable to hear at this place what had been going forward, or passing between you, than to write on a subject touching which, for the present, we are in a state of suspense. I must however observe, that, during my stay in Ireland, I was very fortunate in some points of high consequence, all particularly confirmatory as well of his Lordship's descent, as of the identity of the Charter of Novodamus, an original excerpt from which I have had put into my hands of a most undoubted nature and authenticity. I call this fortunate, because, since I came from Ireland, I have been at Birmingham, where, upon going to Mr Harold, (the son of the gentleman who acted for Lord Stirling in America before I went there,) I learnt that the letter and parcel which I had sent to his father several months ago, had never been received, so that I am under great apprehension that the copy of the charter, which I had retransmitted for certification, has been lost, and if so, would at this crisis be a serious misfortune. I therefore consider what I have so unexpectedly met with, to be of very estimable service, as I should think it would amply prove the tenor of the original charter; and when you come to see its very copious contents, I dare say you will be of my opinion; but you, from better experience, must judge of that more competently than myself. Lord S. expects to be able to go before the Lord Advocate during the ensuing vacation; but he would wish to have you present, and as such, requests you will have the kindness to answer, by return of post, whether you would forthwith come to him, on having a letter from him for that purpose, and appointing the time. I have been looking over Mr Dillon's letter in observation upon the case and opinion you sent to him. I cannot say that he seems to enter into the strength of the case, but, on the contrary, to be confused in what he writes, and in the view taken by him of the subject at large. This is of no consequence, as it is not by his judgment Lord S. intends to proceed. You have embraced the bearings in a strong light, and your draft of the Summons of Reduction seems well drawn for the object to be entertained by its process. There may be some points for us to consider when we meet, which I hope will be very shortly. I am very desirous you should see all I have collected and arranged for the occasion; when together, we could do more in twenty-four hours, than twenty-four letters could explain or settle. Lord Stirling desires me to make his compliments to you; at the same time I beg to add, that I hope Mrs L. and your little family continue well, and that you will remember me kindly to her,remaining, my dear Sir, yours very truly. (Signed) T. C. BANKS. P.S.-What side is your friend the baronet taking at this moment? If favourable to the Ministry, it would be a good opportunity to ask the Wharton peerage as a boon by patent, as was accepted by Thomas Egerton in the case of the barony of Grey de Wilton. MR BANKS TO MR LOCKHART. Netherton House, 17th April, 1829. My Dear Sir,- Lord Stirling not being prepared to go before the Lord Advocate as he had expected he would have been when I wrote to you last, (though he hopes he shall be very shortly,) I have considered it might be desirable that in the interim you should see the arrangement of the case, and evidence intended to be submitted to him, and for this purpose I now send you the draft drawn out for the occasion. You will perceive I have divided the subject into several heads, for the purpose of applying the evidence distinctly to its own particular point of bearing. Thus, the descent and right of succession, under the course of pedigree, are supported by their appropriate documentary proofs: what relates to the charter, is detailed under its own line, to be sustained and what relates to the copy of the charter coming from America, is shewn by the particular circumstances by which that country was a very natural place for every thing appertaining to the Earl of Stirling to be found in. I am in great hopes we shall be able to get matters afloat, by going before the Lord Advocate soon, and commencing the proceedings recommended by you, and approved by Mr Wilson, at an early day after the Lord Advocate's report. I cannot but feel uneasy respecting the copy of the charter returned to America for verification. What I wrote to you, that my letters and parcels for Mr Harvey had never reached him, I am sorry to say seems confirmed, by Mr Hunt never having received any answer to the case, or had it returned, as he desired, which he sent at the same time to Mr Pickering. However, I think we must, ere long, be set at rest upon this topic, As to the excerpt I so unexpectedly got in Ireland, it appears to have been either taken by, or to have belonged to, Mr Conyers, who had the original charter; for, his initials are on the back of it, and those initials I have had examined with his original writing to several documents, in the several courts at Dublin. Having made a copy of this excerpt, I also send it for your perusal, that you may judge how far it may be an adminicle adequate to maintain the application for a new charter, before the Lord Advocate; or to sustain an action to prove the tenor, in the Court of Session at Edinburgh. When you have looked over the whole of what is now forwarded, I will thank you to return them, with such of your remarks, observations, and amendments, as you may deem more or better calculated to promote the object in view; for, as I am sure we have only one general and self-same motive, on behalf of Lord Stirling, I cannot but be pleased with your sentiments and advice, even if they differ from my comprehension of the case. I fully trust that, by the time of your answer hereto, either Lord Stirling or myself will be able to announce to you the day which the Lord Advocate may appoint, for entering on the order of reference, and when his Lordship would wish you to come to town. His Lordship much appreciates the kindness and readiness with which you always have attended to his business; and desires me particularly to express his best compliments to you. Have the goodness to remember me to Mrs Lockhart; and believe me, my dear Sir, yours very truly. (Signed) T. C. BANKS. [The affidavits of Lyner and Hovenden, the deposition of Mrs Pountney, and the statement by William Gordon, which follow the above letters, are not reprinted, as they are to be found in No. II. of Appendix to Introduction.]. EXTRACT from CRAWFORD'S LIVES, as to Death, &c. of In his last Sickness he behaved with great Piety and Resignation, gave an Account of his Faith, with which he declared himself fully satisfied, now that he was upon the Verge of the other World. After this he received the blessed Sacrament, which he told those who visited him had exceedingly fortified and refreshed his Mind, and advised them to apply to this support upon the same Occasion. A few Days after he surrendered up his Soul to GOD on the 27th of December, 1639, aged 74.* His Body, for Reliquæ Sancti Andreæ, MS. penes me. ; the greater State, was, by His Majesty's Appointment, conveyed by Torch-light from his Lodgings to Westminster-Abbay, where be was buried near his beloved Master King James, coming to the Grave in peace, and in a good old Age, without being Witness to those Calamities, which afterward happened to his Country, whose Affairs, by long Experience, he knew as well as any Man whatsoever. Over his Grave was erected a decent Marble Monument, with this inscription. MEMORLE SACRUM DOMINUS JOANNES SPOTISWOOD, ECCLESIE SANCTI ANDREE VIGINTI ANNOS PRESBYTER, UNDECEM ANNOS ARCHIEPISCO- ET PER QUATUOR ANNOS REGNI SCOTIE CANCELLARIUS, EX HAC VITA IN PACE MIGRAVIT ANNO DOMINI 1639, SEXTO CALENDAS DECEMBRIS, REGNI CAROLI 15. ÆTATIS SUÆ 74. THE END. EDINBURGH: |