Unicorn Rampant (40 page)

He and Will put up again with his aunt, the Countess of Mar—and from her learned that her husband, for one, would not be at the Council meeting, for he was in London. John learned more than that from the Countess, when he told her of his problems at Dumbarton. She said that she was not surprised that he was having difficulties, for Dumbarton was something of a sore spot in certain quarters—quarters quite near home, too! Her second husband, in fact, had always resented Vicky being given the governorship, for he had wanted it for himself, and latterly for his son by his first marriage, the Lord Erskine. When John had been made Governor, in place of his father, the Earl and his son, her husband and stepson, had been furious, the position having alway
s been looked upon as almost an
Erskine fief. It was scarcely to be wondered at if John's incumbency was not proving entirely easy.

This put a new aspect on the situation, and set that young man's mind working busily. The Earl of Mar, who happened to be Lord High Treasurer, had a grudge against his father and himself, then? Did he, as Treasurer, receive the moneys from Middlemas when Constable?

His aunt could not tell him that, but thought it likely. Not personally, of course, but through his deputy, Murray of Elibank. Or possibly through the said son, Lord Erskine, who more and more was taking over his father's duties and responsibilities as the Earl approached old age. The Countess admitted frankly that she found her second husband tiresome and saw little of him; and that she heartily disliked her stepson. He was half a Drummond, of course, and the Stewarts and the Drummonds had never got on.

Hal
f
a Drummond? John pricked up his ears at that.

Why, of course. His mother, the Earl's first wife, had been Anna Drummond, sister of Madderty. Did he not know it?

That information left her nephew all but punch-drunk. Lord Madderty's sister, Janet's aunt. Her son, Janet's cousin, the man who thought Dumbarton should be his—son also of the Lord Treasurer! Small wonder that he, in his innocence, had been finding his role a difficult one. Yet his ducal father, and of course the King, must have known all this and yet never warned him. Wheels within wheels! It all sent John Stewart to bed distinctly bemused and apprehensive too. Likewise angry.

Reporting at Parliament House two days later, at noon, for the hearing, with Will Alexander and Sheriff Napier, they were kept waiting for the best part of an hour in an anteroom off the Chancellor's chamber—which added to the feeling that they were there almost as criminals rather than complainants. When at length they were ushered into the large and handsome apartment, that impression was accentuated by the fact that a galaxy of authoritative-looking individuals sat facing them over a long table, with clerks at other smaller tables, whilst they themselves apparently had to stand, as before a court of law. There was no sign of William Middlemas.

However, at least their reception was civil enough, for the urbane and handsome Earl of Dunfermline, formerly Fyvie, the Chancellor, presided and greeted them courteously.

"Ah, Sir John! And Sir William. And you, Master Sheriff-Depute. A good day to you all. We trust that your journey up from London was not too trying? A long way to come. And that you left my lord Duke in good health?"

"Thank you, my lord. We have been in Scotland for some time. And my father is well," John answered—and, just to even matters a little, added, "as is His Majesty, on whose business I came north."

That produced its effect, and there were some stiff faces and cleared throats along the table.

"Ah, so. We are all glad to hear it," the Chancellor said. "His Majesty's well-being and causes are very close to all our hearts, needless to say. It is as lords of his honourable and secret Council of Scotland that we are here, duly assembled. At some inconvenience, perhaps, to some of us!" And he glanced right and left along the table, smiling slightly. "We understand that you have a petition to make?"

"A petition? Scarcely that, my lord. A request for action, rather. Against one who has grievously injured the said King's cause—which your lordships have at heart." John and Will had decided that in the circumstances they must endeavour to take a strong line from the start; otherwise they were probably going to be browbeaten.

Dunfermline drew a hand over his small pointed beard. "Indeed. A request then, not a petition. You will note that, Master Primrose. For action. By this Council?"

"Yes. Action which, I submit, should have been taken in the matter long ere this."

"Ah. It is a
complaint,
then, that you are making, Sir John, rather than merely a request?"

"Call it that, my lord, if you will. This man Middlemas unlawfully held Dumbarton Castle against the King's officers and Sheriff, refused them admission to the royal fortress and
..."

"A moment, a moment, Sir John," the Chancellor intervened, holding up a beringed hand. "Let us do all in due order. The Council will hear the Clerk read the dittay, as sent to each and all, to refresh our memories. Master Primrose?"

Will Alexander spoke up. "My lord Chancellor—before the Clerk begins, I would respectfully point out that Sir John Stewart of Methven is His Majesty's Governor of the royal castle of Dumbarton and an Extra Gentleman of the King's Bedchamber. And I am the King's Master of Requests, while Master Napier is Sheriff-Depute of the County of Dunbarton. It is surely unsuitable that we should have to
stand
here, before all, while you and even these clerks sit. We are not here as some sort of felons, nor yet as humble supplicants, my lords."

There was some disapproving muttering at the table, but Dunfermline inclined his head. "Master Primrose, have chairs brought for these gentlemen," he directed.

In the stir, while clerks hurriedly brought forward three chairs, John decided to maintain the momentum.

"My lord Chancellor, also before we commence, are we not entitled to know to whom we speak? Your lordship I know. And Sir Gideon Murray there. Also my Lord Binning, I see—now created Earl of Melrose, I am told. But I do not know the others."

Dunfermline, normally so civilly assured, looked a little put out. "If you wish, sir—if you wish. Although I do not know that it is necessary. On my right, here, is my lord Archbishop of Glasgow. Then my lord Earl of Winton. Then my lord Earl of Melrose, Secretary of State. Then my lord Burntisland. And, at the far end, the Master of Elphinstone. On my left, my lord Bishop of Dunkeld. Then Sir Andrew Hamilton of Redhouse, Lord Advocate. Next is my lord Erskine, Deputy-Governor of Stirling Castle. Then Lord Foresterseat of Session. All of His Majesty's Scots Privy Council. Are you satisfied, sir?"

"A most illustrious company, my lord," John said, sitting down—but did not add, as he would have liked to do, distinctly incestuous and no doubt hand-picked. For the Earl of Winton was Dunfe
rmline's own elder brother; Sir
Andrew Hamilton was Melrose's—that is,
Tam
o' the Cowgate's—brother; Foresterseat was another Hamilton; the Master of Elphinstone's mother was Elizabeth Drummond, sister of Lord Madderty and therefore aunt of Janet; and the Bishop of Dunkeld was Peter Rollo, married to another sister of Madderty. As of course was Lord Erskine's mother likewise. Without having actually to be present himself, Janet's father seemed to be well represented.

"Then we shall proceed, if all agree? Master Primrose— we await your dittay."

"Yes, my lord." The Clerk selected from his papers one which he eyed as though it afforded him no pleasure and in a flat voice proceeded to read. "Complaint of Sir John Stewart of Methven, knight, Keeper and High Constable of His Majesty's Castle of Dumbarton, against William Middlemas, formerly Constable and Deputy-Keeper thus: The custody of the said castle was committed to Ludovick, Duke of Lennox, the complainant's father, by the King's Majesty in time past, but the said Sir John has been in possession thereof for several months, by His Majesty's agreement. Nevertheless the said William Middlemas, who had been removed from office by the complainant, had, while Sir John was absent, made choice to use the time to corrupt certain persons, all servants in the castle, to join him, and, on a day in February last, assisted by the said persons, made himself master and commander of the said castle, seized the ports and gates, munitions, ordnance and weapons and did violently thrust forth the complainant's servants and kept the castle against the King. This on the statement of Sir John Stewart, Keeper, and witnessed by Sir William Alexander of Menstrie, knight, and also of Sheriff-Depute Napier of Kilmahew and others."

There was pause while various of the councillors considered that and murmured to each other. The Chancellor looked left and right, and then nodded.

"Well, Sir John—do you accept that as a true statement of your complaint, as agreed by your witnesses?"

"I do, my lord. Although it could be much added to. In that the man Middlemas also has long improperly defrauded the King and Treasury in his collection of taxation, and oppressed the lieges in Dumbarton town and port. I so informed the Clerk, here, some rime ago—but he has omitted to record it. Unless there is more to come?"

Another voice spoke, that of the Lord Erskine, a thin-featured but good-looking man with a notably tight mouth. "I object, my lord Chancellor. That, if considered, would constitute a totally different and separate charge. And not competent to be brought by the present complainant. I move that it be not heard."

"Ah. Thank you, my lord Erskine. Is thi
s your view, Master Primrose?"

"Yes, my lords. If such a claim were made against the defendant, it would require to be put forward and substantiated by the injured party, namely His Majesty's Treasury. Not by Sir John Stewart."

"And this has not been done?"

"No, my lord."

"In the absence of the Lord High Treasurer, who is furth of this realm at present, I ask the Deputy-Treasurer, Sir Gideon Murray of Elibank. How say you, Sir Gideon?"

"I have received no such instructions," that grizzled individual said briefly.

"Very well. That seems to be quite clear. You hear, Sir John? Any such charge shoul
d be brought, not by you but by
the Lord Treasurer. So far, no such charge has been brought. Therefore this Council cannot consider it. We revert to your original complaint, as read. Is there any defence, Master Primrose?"

"Yes, my lord Chancellor. The aforesaid William Middlemas depones that he has no charge to answer. And that, on the contrary, he has suffered wrongous dismissal at the hands of the complainant, for which he requires due compensation."

"Ha! Wrongous dismissal and a counter-claim. Is the said William Middlemas here to substantiate such claims?"

"No, my lord. I did not consider that was necessary at this stage, believing that the Council would wish to consider the matter further before summoning him and his witnesses to appear."

"Why that, Master Primrose?"

"Because, my lord, die defendant's and counter-claimant's claim is specific and involves other than the first claimant, Sir John Stewart. And such other party, being a member of this His Majesty's Scots Privy Council, but not present this day, it would no doubt be the wish of your lordships to take cognisance of the matter before proceeding further."

"Indeed? And who is this Privy Councillor, not present, whose interests we are to consider?"

"It is my lord Duke of Lennox, Lord High Admiral of Scotland and former Viceroy of this realm, my lords. Father, although not lawfully, of the first complainant."

There was a suitable stir at that—although John was perfectly sure that all were well aware of the situation beforehand.

"In the circumstances, I commend your wise decision, Master Primrose," Dunfermline said. "If my lord Duke is concerned, clearly we cannot make any decision in the matter until his observations and representations have been received. We can scarcely summon
him
from London to appear before us!"

There was much solemn nodding of heads. Then Bishop Rollo of Dunkeld spoke.

"I suggest, my lord Chancellor, that we are entitled, at this stage, to learn what probable substance there is in this counter-claim in which the Duke of Lennox is allegedly involved? Is there any warrant for this, that we should consider it?"

"I have a deposition here, from the said William Middlemas, my lords," Primrose said. "To which he was prepared to come and substantiate before you, with witnesses, if required." He read again. "I, William Middlemas, Deputy-Keeper and Constable of Dumbarton Castle, do declare on oath that I hold the commission of my lord Duke of Lennox, Governor and Keeper of the said Castle, dated 13th October 1615, confirming myself, William Middlemas as Deputy-Keeper, and agreeing that he, the said Duke, shall nowise remove myself from keeping the said castle and uplifting dues and casualties belonging thereto until such time as the Duke, his heirs, executors and assignees pay me, the said William Middlemas, my heirs, executors and assignees in the sum of3,000 merks due. This sum remains unpaid."