marriages, so that all the original writs he hes in hes charter kist are
only contracts of marriage. He was a cadet of Erroll, and the 1 heritrix he
married with was one Macfud, and by her he got his land in Twedall; then he
married one of the aires portioners of the Lord Frazer, and got some lands
in the north with hir; then got Yester and many other lands with the only
daughter of the Lord Giffart (tho my Lord Lauderdale sayes he can find by
no record wheir ever he was a Lord). He got also Beltane by marieng the
heritrix theirof, called Cunyghame. And now in this age he hes as much
expectation to raise that way as ever. By his Lady he hes a claime to the
estate of Baccleuch, failzeing of aires of this present Dutches hir body,
tho the King hes somewhat inverted the straight succession heir. By his
eldest sone he hes ane eye to my Lord Lauderdale's estate, providing he
play his game weill, and is in hopes of getting the estate of Erroll
entailled upon his 2'd sone.
In the beginning of August, having gone to eist Louthian, saw Langnidrie;
then a mile from it Reidhouse, the one was a Lord of the session and Tom of
the Cowgate's brother; then Ballincreiff, belonging to my Lord Elibank;
then Congilton, and on the brae above Ethalstanefoord, Byres, from which my
Lord Hadingtone's eldest sone takes his title.
My Lord Madertie's stile is truly Mater Dei, from some cloyster so named in
the tyme of poperie: he should be induced to take some other denomination,
this seeming to[593] blasphemous like.
[593] too.
* * * * *
On the 17 of October 1672 having had occasion to go to Auldcambus with the
provest, we went the first night to Waughton. Saw by the way Preston,
Prestongrange, Seaton, St. Germains, Langnidrie, then Ballincreiff, then
Reidhouse, then Dreme, and above it Byres, then Congilton, and above it
Athelstanefoord and Westfortoun, and on the other hand Sydeserfe. The next
day we parted for the Merse: saw Furd, Tunyghame, Westbarnes, Lochend,
Broxmouth, Broxburne, Newtonlies, Eistbarnes, Spot, Fuirston, Bourhouses,
Innerweik toun, kirk and place, Scarteraw, Thorntoun loch, Dunglas,
Cockburnes path, then past the said path and came to Aulcambus path,
corruptly called the pies. The provost hes a barrony their 4 miles long,
and in the narrowest place at the leist a mile broad, which if it lay neir
Edenborrough, we was counting would afford neir 100,000 mks. of rent per
annum. He hes a great peice of Coldinghame moir in property, and he hes it
all in commonty. His neibhours be Colbrandspeth, Renton, Butterdean, and
the Laird of Lumsdean, now Douglas. The Lo. Renton dealt to have had the
gift of the wholle moir from the king, and said it was only 2 rig lenth of
land. I imagine the first possessors of that place ware Rentons to ther
name, then they ware Forrestor, then Craw, whom the Home cheated out of it
by marieng the Ladie. In the right of the Fosters he laid claime to the
foster-corne to be payed to him by all the vassals and fewars of the
abbacy, now the Lordship of Coldinghame, as being come in place of thesse
who had a gift frae the prior and convent of Coldinghame to be forrester to
all the woods and shaws growing within the lands holden of the said abbacy,
to preserve and hayne the same; and for his paynes was to have a threiv of
straw of each husband-land yeirly with some other dueties, and the Justice
Clerk thought to have gotten the fewars decerned for more then 100 years
that it was owing, but the Los. restricted him to 39 years preceiding his
summons, finding all the years above prescryved. And for the dueties due to
him on that accompt furth of the barrony of Auldcammas he got the property
of a roume lying in the barrony called Fosterland, and when Waughton cutted
his wood of Penmansheills, which is also a part of the barrony, Renton
alledged that the boughs and bark of the tries within the Lo.ship was his
by forsaid gift, and the heritor had nothing but the stock of the tries.
They agried the matter betwen them. Tho he be most exact in lifting his
fies, yet he does nothing that's incumbent to the office of forrester.
On Sunday we went to Coldinghame Kirk, 4 miles from the smith's house at
Haychester. The kirk hes bein a great fabrick. Its said to have bein built
by K. Edgar, _anno_ 1098. Their was their a great abbacy. We saw the
promontory so much taken notice of by the seamen called St. Abbes head
(Sta. Ebba); over forgt[594] it layes Coldinghame Law, Home to his name.
Saw the milne about which my Lord Home (who is the Lo. of erection now) and
Renton are contending. Saw at 2 miles distance Haymouth,[595] and above it
Gunsgrein, then Ayton, all standing on the water of Ei. Saw West Reston,
Home, Eist Reston, Craw, and Henchcheid, Craw; of which name their was a
nest in this place, but the Earle of Dumbar almost extinguished them, and
now his owne memory is extinct and gone: let men then beware of oppression.
Coldinghame stands pleasant, and verifies the byword that the kirkmen
choised ever the warmest nests. Mr. Andro Ballantyne, brother to the
sometyme Lo. Newhall, is heir minister. Auldcambus is in Cockburnspath
parish. It hes a ruinous chappell standing in it dedicat to Ste. Helene,
who was mother to Constantine the great, and found out the holy croce at
Golgotha. Thrie mile from Auldcambus stands Monynet, and 3 miles from it
againe stands Gammelisheills in Lammermuire. Blaikerston stands likewayes
their about, as also Thorniedykes, now Broun, of old French. After some
dayes stay at Auldcambus we came to Dumbar. Nixt day out of Dumbar we came
to Northbervick by Belhaven, Tinynghame, Auldham, Scougall, Tomtallon,
Cassilton. From Northberwick we went to Archerfield (so called because of
the excellent links their fit for shooting at Rovers), my Lo.
Advocat's[596] dwelling. Saw by the way Dirleton, with its castle, ruined
by the English becaus it held out. Then from that came to Saltcoats,
Leidingtone, to their name; then to Lufnes, of old Biccarton; then
Waughtons, now Durhame; then to Abirlady toune and place, once Mr. Wm.
Scot's, now Sir Androw Fletcher's. Theirs a great bay heir. Then saw
Gosford, then Cockeny, the Pans, Wester Pans, wheir Jo. Jousie hes his
house.
[594] For 'forgainst,' 'opposite.
[595] Now Eyemouth.
[596] Sir John Nisbet of Dirleton.
Naper is a french name and runs in it n'a pair, he hath not a peer. The
Giffards of Shirefhall, they say, ware of old Shirefs of Louthian, and from
that their house got its denomination. Tho some alledge their was in old
tymes a Lord Giffard, and that it ended with ane heritrix married in the
house of Yester: yet my Lord Duke of Lauderdale sayes he hes bein at very
much pains to find if it was so, and he could never find any thing to
instruct it.
* * * * *
The Wrichtshouses near Edenburgh, they say, was denominat from this, that
in King James the 2ds dayes the ground about all being a forrest (lochia
sylva is derived from lochs, _insidioe_, in the Greek, _quia insidiantibus
capta est sylva_. Wossius[597] partit. orator, p. 328), and wheirin their
was many robbries and murders committed. K. Ja. gave order to cut it doune.
The Wrichts that ware appointed for this work had their huts and lodges
whither they resorted for their dyet and on other accompts put up in the
very individuall place wheir the house and place of the Wrightshouses is
now situat, and so gave that denomination to the ground theirafter.
[597] Vossius, Gerard. Johannes, Dutch philologist, 1577-1649, author
of _De Quatuor Artibus Popularibus_, etc.
(3)
CHANGES AND ALTERATIONS AND REMARKABLE
EMERGENTS OF AND IN THE SESSION 1668-1676.[598]
[598] MS. H.
On the 5 of June 1668 was I admitted Advocat. At this tyme died my Lord
Carden, and Gosfurd succeided.
In the November theirafter died Mr. Robert Burnet, Advocat.
In May 1669 died Mr. Laurence Oliphant, Advocat.
In July 1669 died William Lylle, Advocat.
In August died William Douglas of Kirknes, who the session before had given
in his trialls in order to his admission to be a Advocat.
In September 1669 died Mr. Alexander Osuald, Advocat.
On the 15 day of September 1669 was I chosen conjunct assessor with Sir
George Lockart to the good toune. Its at large booked on the 13 of May
1670.
On the 9nd of October also 1669 ware we chosen for assessors to the wholle
borrows in their Convention.
On the last of October 1669 died Mr. Laurence Scot of Bevely, one of the
Clerks of Session, and that same night Alexander Monroe, Comisar of
Stirling, was provided theirto.
On the 25 of March 1670 died the Lord Kinglassie, to whosse place was
provyded the Laird of Haltoun.
In April 1670 died John Scot, Keiper of the Minut book, and his place was
continued with his sone Francis.
In May 1670 died John Kello, on of the under clerks, to whom succeided
(after Robert Hamilton had officiat as under clerk the Summer session that
followed, and Mr. Thomas Hay the following sessions till January 1673)
James Hamilton, wryter.
On the 5 of July 1670 Mr. Thomas Nicolsone, Advocat, died frenetick.
In _anno_ 1668 Sir James Keith, Laird of Caddome, having threatned Mr.
David Falconer, Advocat, ane ill turne, and being complained upon, and in
his vindication reflecting upon my Lord Halkerton, he was committed to the
tolbuith and fined.
That same year, Mr. David Thoires having miscaried in a supplication given
in by him to the Lords in behalfe of a client against Doctor Hay, bearing
they were minded to satisfy the Doctors unsatiable covetousnesse to the
oppression of the widow and the fatherles, he was sent to prison, fyned,
and craved them humbly pardon.
In _anno_ 1670, Mr. Alexander Spotswood, plaiding in the Oriminall Court
for Wedderburne, and Mr. Patrick Home, being his antagonist and growing
hot, called Alexander a knave, who replied, I can sooner prove you and your
father knaves, who theirupon was imprisoned; but at last, upon intercession
of freinds, was set at libertie. The Justice Clerk[599] was verie
inexorable in the particular.
[599] Lord Renton.
In June 1670, Douglas of Kelheid, younger, affronted Hew Wallace, Writer to
the Signet, in his oune house; which the Faculty, apprehending themselfes
concerned in, at last caused Kelheid, in presence of them all, crave Hew
and all the Faculty pardon for his offence, and confesse they did him a
great courtesie in accepting that for satisfaction.
On the end of January 1671, Sir John Gilmour, by reason of his infirmity,
having dimitted his place of being President, but strongly having
recommended Gosfoord to be his successor, it was offered to Sir John
Nisbet, King's Advocat (whosse place if he had embraced it was thought Sir
Robert Sinclair would have got), who faintly refusing, thinking theirby to
have bein more woed, he was taken at his word, and our Jock of bread
Scotland[600] would take none of their advices, but would take a way of his
oune, and so did make choise of my Lord Stair, who was looking litle for
it, and who truely came in betuixt tuo, and was so unacceptable to the
former President that its thought he would not have dimitted had he dreamed
the guise should have gone so; and the pitching on him was truely _in
odium tertii_ to keip of Sir Robert Sinclar, whosse journey to Scotland
under the pretence of coming to sie his new maried ladie suffered strange
constructions at Court, and Lauderdale conjectured it was only to give my
Lord Tueddale notice of some things that was then doing to his prejudice;
and its beleived he would not have bein the coy duck to the rest of the
Advocats for their obtempering to the Act of Regulations[60l] had he
forsein that they would have hudibrased[602] him in the manner they did;
hence we said give us all assurance to be Kings Advocat and we shall take
it with the first; and the Lords, when he was plaiding before them in a
particular, entreated him to come within the bar and put on his hat, since
it was but to make him Advocat with 2 or 3 days antidate. He took also with
it,[603] and did not deny it when he was posed on it.
[600] Jock of bread (broad) Scotland, Lauderdale.
[601] The Advocates objected to an article fixing their fees in the
Regulations for the Court of Session, drawn up by a Commission and
ratified by the king. Sinclair, Dean of Faculty, expecting
preferment, instead of championing the bar, was the first to swear
to the Regulations. The Advocates withdrew from practice for two
months, and never forgave the Dean. See p. 222.
[602] A participle coined on the same principle as the modern
'boycotted.' The point of the comparison with the hero of Butler's
satire is not obvious. It seems to mean simply 'made a fool of.'
[603] Took with it, _i. e_. acknowledged it. The expression is
still common in the north-east of Scotland.
In the beginning of May this year died Mr. James Wemes, Advocat, brother to
the Laird of Lathoker.
On the 28 of June 1671 was Sir Thomas Wallace receaved ane Ordinar Lord in
the place vacand throw the promotion of my Lord Stair to be President.
On the 13 of July 1671 died Sir John Home of Renton, Justice Clerk. He was
indeid advanced by Lauderdale, and for his sake componed the more easily
with Sir Robert Murray;[604] yet Lauderdale his kindnes relented much on
this occasion. In _anno_ 1664, being minded to bring in my Lord Tueddale to
be Chancelor, St. Androis entrefaired. Glasgow, thinking he should have a
hand in it as weill as his brother the Primate, he enters in termes with my
Lord Renton. Its commoned[605] that Sir Alex'r may marry the Archbischop's
daughter, who was afterward Ladie Elphinstone, and that he at London may
propose Renton to be Chancelor. My Lord Lauderdale was hudgely dissatisfied
with that, yet having calmed, he told him Renton had not the fortune able
to bear out the rank of a Chancelor. Burnet replied, Renton had a better
fortune then ever Chancelor Hay[606] had. Lauderdale could never be pleased
with him therafter for offering to aspire so hy. He was also at another
disadvantage, my Lord Hume offered to compromit the difference betuen them
to my Lord Lauderdale. Renton shifted it. He was a most peremptor man to
his inferiors or æqualls, but a slavish fearer of any whom he supposed to
be great at Court, on whom he most obsequiously fauned.
[604] Murray was his predecessor. Apparently there was a bargain for
his retirement.
[605] Agreed.
[606] Sir George Hay of Nethercliff, Lord of Session, Chancellor,
1622-1635, Lord Kinnoul.
In the end of July, vid. the 27 day theirof, Mr. Alexander Suinton, one of
the under clerks of Session, dimitted his place, and was admitted ane
advocat _per saltum_ upon a bill. Adam Chrystie, reader of the Minut Book,
succeided instantly in his place of clerk. That same day died Mr. Archibald
Campbell, Advocat, sone to the Shireff of Argile.
About the last of July 1671 came Collonell Lockhart from London, and
brought doune a patent with him in favors of his father Lee to be Justice
Clerk in place of Renton: he being an old man, and not supposed he can
enjoy it long, its talked it is for the behoof of some on or other of his
children, but especially the Collonells selfe. This was our Donna
Olimpias[607] doing.
[607] Duchess of Lauderdale.
On the 14 day of August 1671 died Sir John Gilmor, late President, in his
house of Craigmiller, and was buried the 24 day theirof in Liberton Kirk.
In the beginning of September died my Lord Bellenden, sometime Thesaurer
depute at London.
On the 1 of October 1671 died Alexander,[608] Lord Halkerton, at his oune
house, of the age of 77. He entered to his place in Session by simony, or
rather _committendo crimen ambitus_, for he payed to my Lord Balmanno 7000
merks (a great soume at that tyme when their salaries ware small), to dimit
in his favors, and by my Lord Traquaires moyen, then Threasurer whosse
creature he was, he got the dimission to be accepted by his Majesty. This
was about the 1643. I shall not say of him, as was said of Pope Hildebrand
_alias_ Gregory the 7th, _Intravit ut vulpes, regnavit ut Leo, mortuus est
ut canis_. Only this I shall say, wheir places of justice are bought, whow
can it be otherwayes but justice will be sold. The family is said to be
pretty old, and both their name and stile to be taken from the charge they
had at the tyme our Kings of Scotland resided in the Mernes, whosse
falconers they ware, and their village was hence called the Haukerstoune.
They say my Lord Arbuthnet was at that tyme King's porter, and that he hes
a peice of land yet designed Porterstoune; and that some other their was
landresse, and so had a village called Waschingtoune.
[608] Falconer.
On the 15 of October 1671 died Mr. William Douglas, Advocat, or rather the
poet, since in that he most excelled.
In the end of the preceiding summer Session Adam Cunyghame, sone in law to
James Wallace, Maisser, was received conjunctly to the office of maisserie
with the said James, conforme to ane gift of the said place to them both
conjunctly and to the longest liver of them tua.
Arthur Forbes, having some clame upon the estate of Salton, and pershuing
the Laird of Philorth, now Lord Salton, he was very rigorously and
partially handled by my Lord Newbayth,[609] who heard the cause. It being
againe enrolled in the beginning of November, and my Lord Newbayth falling
to be ordinar in the Utter house, Arthur, out of a just resentiment of the
past wrong and fear of his future carriage, come to my Lords chamber and
boasted (as my Lord Newbayth sayes) in thir words, If you call that action
of Philorth against me I vow to God I'le sie the best blood in your body.
Newbayth having complained, and Arthur being theiron incarcerat and
examined, denied he spoke any such words, and declared he only said, My
Lord, if you continue to do me wrong (as you have done already, as appears
because the Lords redrest me) I'le have the sentiment of the haill 14
Lords on it; and if that be denied, I'le complain to the King. After he had
lyen some 4 or 5 dayes in prison he was set at freedome, having first
acknowledged a wrong and craved my Lord Newbayth pardon in presence of the
haill Lords and Advocats on the 10 of November. Before he did it the
President had a short discourse whow the gentlemans carriage had bein
modest thitherto, and my Lord Newbayth was earnest intercessor for him, and
theirfor they resolved not to make him the first exemple; but they assured
all, of whatsoever rank or quality they be, that they will not tolerat any
to expostulat with them or to give them hard or sharp words in their oune
chambers or any wheir, and that they will not suffer their authority, which
they hold of his Majesty, and to whom they are answerable if they malverse,
to be convelled,[610] but what sanctions their are already to that purpose
they will endevor to sie them peremptorly keipt and execute. Vide Act 68,
Parliament 1537; Act 104, Parliament 1540; Act 173, Parliament 1593; Act 4,
Parliament 1600; and this is consonant to the Common law by which the
killing of one of the Kings great consistory is declared treason, and if so
then the menacing of them must be a haynous crime. Vide L. 5, C. Ad 1.
Juliam Majestatis: item Clarum[611] par. læsæ Maj. num. 5, item
Perezium[612] ad T. c. de L. 3, Majest. num. 3.
[609] Sir John Baird of Newbyth, still pronounced Newbayth.
[610] Torn to pieces.
[611] Clarus, Ant. Sylv., _Commentarius ad Leges_, etc. Paris, 1603.
[612] Perez, Antonio, Spanish Jurist, 1583-1678.
On the 17 of November 1671, Mr. William Bailzie, Advocat, gave in a
complaint on J. Watson of Lammyletham for having abused him, and called him
a base rascall and threatning to draw on him. My Lord Newbayth being
appointed to examine the witnesses, and having reported the Lords, called
him and Mr. William in alone, rebuked him, and commanded him to cary him
selfe more soberly in tyme coming.
On the 23 of November 1671, Sir Androw Ramsay of Abbotshall, Lord Provest
of Edinburgh for the 10't year altogither, was received ane ordinar Lord of
the Session upon his Majestys letter to that effect, in the place vaicand
throw the deceas of Alexander Lord Halkerton, who possest that place of
before.
I find in the records of Sederunt about the year 1553 and afterward on Sir
William Hamilton[613] of Sanquhar Hamilton a Lord and provest of Edinburgh
both at once. I find also that Chancelor Seyton[614] for some years that he
was President Fyvie and some years that he was Chancelor (for he was 10
years altogither provest) was also Provest of Edinburgh; but that was at a
tyme when the Senators of the Colledge of Justice grasped at the haill
power of the toune upon their delinquency and uproar of the 17 of December
1596, for he entred at that tyme when the toune was at their feet, and when
they had the approbation and reprobation of the toune their yearly
election, but whow soon the toune begane to recover strenth and the memory
of that foull slip waxed old they hoised him out; and for fear of the like
inconveniency, and to bolt the door theirafter, they procured ane Act of
Parliament _in Anno_ 1609 (Vid. the 8't Act), declaring that no man shall
in tyme coming be capable of provestrie or magistracy but merchants and
actuall traffiquers duelling within burgh. Its true Sir John Hay (who was
at first toun Clerk of Edinburgh) when he was Clerk Register and a Lord of
the Session, he was made Provest of Edinburgh, but it was not put upon him
out of any favor, but was done by Traquaire, then Tresaurer, of designe to
break him: so that none of thesse instances quadrat with our case; heir a
merchant, one who entred _cum bona gratia_, and who hes maintained himselfe
by his oune parts and moyen in that office by the space of 10 years
altogether, on who toped with the Colledge of Justice for the precedency
and carried it from them, and who feared not to make open war with the
greatest of them; he as the only single instance is made a Lord of the
Session.[615]
[613] Lord of Session (Sanquhar), 1546-61; Provost, 1554.
[614] Alexander Seton, Extraordinary Lord of Session, 1586, Ordinary,
1588, President, 1593, Chancellor, 1605-22, under the successive
titles of Prior of Pluscardine, Lord Urquhart, Lord Fyvie, and
Earl of Dunfermline.
[615] See Appendix III.
On the 14 of December 1671, Richard Maitland of Pitreichy was received ane
ordinar Lord in the place vaicand throw the advancement of my Lord Lee to
be Justice Clerk upon his Majesties letters to that purpose.
On the 5 of January 1672 died Sir John Scougall of Whytkirk, and was buried
in the Grayfriers on the 7 day of January theirafter in great pomp, his
goune being carried before the herse.
On the 4 of March 1672 was Mr. Robert Preston of that Ilk installed in his
place in obedience to his Majesties letter direct to the Lords to that
effect.
On the 16 of February 1672 died John Ramsay, keiper of the Register of
Hornings and Inhibitions, and on George Robertsone was admitted in his
place by my Lord Register.
About the end of March, this same year, died Mr. Alexander Hamilton,
Justice Clerk Depute, to whosse place on Mr. Robert Martin was received by
my Lord Lee. (_Vide infra._)
About the 14 of May 1672 died Charles, Earle of Dumfermeling, Lord Privy
Seall, and ane extraordinar Lord.
Its reported that Mr. Martin hes payed saltly for his place, vid. 500 pound
English money to the Justice Clerk, 500 merks Scots to Mr. William Cheisley
as agenter, and 1000 merks to the widow.
About the 20 of May this yeir died Mr. John Morray, advocat.
Upon the 27 of June 1672, Sir Robert Sinclair fell unto a lamentable
pramunire in this manner. Some merchants in Glasgow being quarrelled by the
manadgers of the Royall Fisching for exporting herrings, that being their
priviledge, their is a bill drawen up for them by Sir Robert, and given in
to the Lords of Secret Counsell, wheirin, among other things, he had this
expression, that the petitioners ware frie natives, members of a royall
borrow, whosse priviledges ought not lightly to be reversed, else
malcontents would thairon take occasion of grudge, and of sowing fears and
jealousies betuixt his Majestie and his people. At the hearing of which my
Lord Commissioner,[616] guessing the author, began to baule and foame, and
scrued up the cryme to such a height as that it deserved emprisonment,
deprivation, and a most severe reprimande. At last the Counsell agried in a
more moderat censure, that he should with close doors (tho my Lord
Commissioner would have had it publick) acknowledge his offence upon his
knees before the wholle Lords, and recant and disclame the forsaid
expression as seditious and not becoming a subject: And theiron, as its
said, ane act was made, that no petition should be presented heirafter but
subscryved ather by the party or the Advocat.
[616] Lauderdale.