‘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.