36 Capture of Covenanting 'I own of Dumfries. 



craved for a speedy trial, and on 3rd March, 1645, the Committee 

 of Process produced in Parliament their report in writing, bearing 

 the Earl of Hartfell's declaration and -their own opinion, as 

 follows, viz. : — " James Earl of Hartfell did declair that whereas 

 he had been misconstrued and doubted of his affection to the 

 public and the good cause, yet he had not done anything which he 

 conceaved might have either bred or intertained such jealousies, 

 and to testify his real affection to both and to the effect these 

 jealousies might be removed he did voluntarily make offer of one 

 thousand pounds sterling to be paid to the use of the public, etc." 

 The offer, after debate, was accepted, the Earl to find caution of 

 one hundred thousand pounds Scots " for his good behaviour in 

 time coming, and that he shall not do, nor be accessory to the 

 doing of, anything to the prejudice of the Estates of this kingdom 

 and peace thereof," etc. James Earl of Home, James Earl of 

 Annandale, Sir William Bailie of Lamington, and Sir Robert 

 Grierson of Lag were his cautioners. 



Such security proved ineffectual, for at the astounding suc- 

 cess of Montrose, victorious in six consecutive engagements, 

 Hartfell, prompt to be on the winning side, joined him at Philip- 

 haugh. It was a mistake. Montrose there suffered total defeat. 

 The Earl was now in an extremely dangerous posture — a prisoner 

 in the Castle of St. Andrews. He was put on trial and submitted 

 a defence, but was commanded to plead guilty and leave himself 

 to the mercy of Parliament. His cautioners were also called on 

 to pay the one hundred thousand pounds Scots, for which through 

 his joining Montrose they had become liable. Hartfell pleaded 

 guilty accordingly, and having paid the sum of one hundred 

 thousand merks, the difference was remitted, all charges were 

 withdrawn, and he was set free. This is an instance of the diffi- 

 culties to be encountered in these times by persons who had no 

 convictions. 



Here we make note that another Dumfrissshire nobleman, 

 the Earl of Annandale, who like Hartfell refused the King's com- 

 mission at the taking of Dumfries, had the misfortune to join 

 Montrose at Philiphaugh. He supplicated the Estates of Parlia- 

 ment for freedom, representing that out of weakness and surprised 

 by a party he was unhappily misled, which occasioned him great 

 sorrow and grief; he had, however, obtained General David 



