teeth; and truly their hes bein many expressions by far harsher then this
escaped the pens of advocats, and which hes never bein noticed. And yet I
think its _justo Dei judicio_ casten in Sir Roberts lap for his so
dishonourable complying, yea, betraying the priviledges of the Advocats,
and breaking the bond of unity amongs them, and embracing first that brat
of the Regulations. The excuse that he made for so over shoting him selfe
was most dull and pittifull, vid. that they had come to him just after he
had dined, and he had drawen it then, and so was hasted.
On the 24 July 1672, in the Parliament, Sir Colin Campbell was reproved for
disorderly tabling of the Summer Session:[617] the circumstances see
_alibi_. So the Commissioner seimed in a manner set to afront the Advocats.
[617] The proposal to abolish the Summer Session of the Court and add a
month to the winter was made by the Commissioner in his speech,
and argued before him in the Exchequer Chamber, where he decided
against it. The account of the matter given by Mackenzie
(_Memoirs_, 222 _sqq._) is curious and interesting. In favour of
the change it was argued that 'before men could settle at home
after the Winter Session, they were called again to the Summer
Session, so that their projects and designs were interrupted and
ruined, and the months of June and July, which were the only
pleasant months, and the only months wherein gardens and land
could be improved, were spent in the most unwholsome and
unpleasant town of Scotland [Edinburgh].' Sir C. Campbell tried to
revive the question in plain Parliament, but the Commissioner
vetoed it.
In November 1672 died Mr. Andrew Beaton, Advocat, and brother to the Laird
of Balfour.
On the 2d of November 1672, my Lord Newbayth being challenged for passing a
Suspension of a Decreite Absolvitor given by the Admirall, he denied it was
his subscription, and at last his servant, Jeremiah Spence, acknowledged he
had forged the same, for which he got a guiny[618] for procuring, as the
parties thought, his Masters subscription therto; wheirupon, being
imprisoned, the Lords, on the 6 of November, having called for him to their
presence, they did declare him infamous and uncapable of any charge or
imployment about the Session, and seing he had judicially confest it, they
remitted him to the Kings officers for his furder triall. Its thought this
was not the first of many forgeries he hes committed, so that his master
lay under very much obloquy and reproach, which hes bein greatly occasioned
throw his default, only it cannot be denied that my Lord gave to much ear
to the mans recommendations, yea gave very grosse insinuations of his
contentment and favor when his man got money, so that it was confidently
affirmed that his man and he shared the profit that accrued from the
Saterdayes roll, the syde bar, etc., amongs them; and it is now judged the
liklier because my Lord concernes himselfe exceidingly to bring his man of
only with a sweip of a tods taill, wheiras in generosity he should be his
main prosecuter.
[618] Guinea. See Introduction, Money.
In the beginning of November 1672 died William, Earle of Dalhousie, being a
very old man, wheiron my Lord Halton, Thresurer Depute, was made Shireff
principall of Edenboroughshire during his lifetyme in place of the said
Earle; And Mr. Alexander Suinton, advocat, was made his depute and Mr.
Laurence Charteris.
About the same tyme, Mr. John Stewart of Ketleston, on of the Admirall
deputes, died, and Walter Pringle, Advocat, by the mediation of Sir Charles
Bickerstaffe, the other depute, succeided in his place, [and in November
1674, Mr. Patrick Lyon was nominat in place of W. Pringle, deprived].[619]
[619] Interlined.
In the same moneth of November the Earle of Atholl was made Lord Privy
Seall in place of the Earle of Dumfermeling, who died in the May before.
[As also the Earle of Kincardin was made Justice Generall upon the
dimission of the Earle of Atholl. This held not.][620]
[620] The two lines in brackets are scored through. See p. 225.
In England, the great seall at the same tyme was taken from Sir Orlando
Bridgeman, and the Earle of Shaftesbury, formerly Lord Ashley Couper, is
made Hy Chancelor of England. Sir John Duncombe is made under threasurer,
in place of Ashley Couper. The Lord Clifford, lately but Sir Thomas
Clifford, is exalted to be great Treasaurer of England. [He is the 1[621]
Thesaurer since the death of the Earle of Southhampton],[622] and the
Commissioners for the Threasurie are suppressed, and its expected that
they, as the _primum mobile_, will draw us as ane inferior orbe rolling
within theirs after them. The Lord Mainart, brother in law to the Duck of
Lauderdale, is made thesaurer of the Kings house. Sir Robert Howard,
commonly called Sir Positive, is made Secretary to the Treasurer. The Duck
of Monmouth is made Lord Cheiff Justice of all the forrests in England
benorth the Trent. My Lord Lauderdale hes undoubtedly had a great hand in
this extraordinary revolution; for they are on the caballe with him, and
are all his confident privado'es. The old nobility cannot but repute them
selfes slighted when they sie thesse great offices of State conferred upon
[muschroomes][623] upstarts. But this is a part of the absolute power of
kings to raise men from the dunghill and make them their oune companions.
[621] i.e. first.
[622] Interlined.
[623] Interlined.
In the beginning of December 1672 died Mr. George Norvell, advocate, on of
the greatest formalists that was in all the tolbuith. His place as agent
for the Colledge and toune of Edinburgh was by Act of the Toune Counsell
conferred upon Mr. Robert Lauder, portioner of Belhaven, some few days
after.
At the same tyme died Mr. Thomas Buck, advocat.
On the 14 of December 1672 the Faculty made choice of Sir G. Lockhart for
their Dean, Sir Robert Sinclar having of some tyme before showen a
willingnes to demit in regard he discovered many of the faculty displeased
at him for his faint surrender and breaking the unity of the Faculty in the
matter of the Regulations and for sundry other particulars.
On the 2'd of January 1673 died Mr. John Andersone, advocat.
About the beginning of January 1673 James Hamilton was received ane under
clerk in place of Jo. Kello, who died (_ut supra notatum_) in May 1670.
On the 14 of January 1673 the Earle of Atholl was received ane extraordinar
Lord on the Session in place of the Earle of Dumfermeling, who died (_ut
supra dixi_) in May 1672.
In May 1673 died Mr. John Muirhead, advocat.
In June 1673 I was named by the Lords to be on of the advocats for the poor
the yeir enshueing, but upon the mediation of my Lord Abbotshall I was
excused.
On the 19 of July 1673 Forbes of Tolquhon was fined by the Lords in 40 lib.
Scots for opprobrious speaches to Mr. David Thoires, advocat, and calling
him a knave.
On the 5 of Januar 1674 I was appointed on of the privat examinators of
such as offered to enter advocats for that year.
On the 10 of Januar 1674 died Mr. Robert Dicksone, advocat.
In the beginning of this year 1674 died Mr. William Wallace, advocat, and
on of the Shiref Deputes of Edenbrugh shire.
In the beginning of March 1674 died Sir James Lockhart of Lee, Justice
Clerk.
On the 4 of June 1674 Mr. Thomas Murray of Glendoick, advocat, was admitted
and receaved, in obedience to the Kings letters, a Lord of the Session, in
place of Lee deceissed, as he was ane ordinary Lord, for they say Sir
William Lockart the Collonell had his place by way of survivance and
reversion of Justice Clerk.
On the same 4 of June Mr. David Balfour of Forret or Glentarkie was, upon
the Kings letter, receaved ane ordinar Lord in the place vaikand by the
dimission of Sir Androw Ramsay of Abbotshall.
On the 5'th of June 1674 died Sir James Ramsay of Whythill, advocat, and
Mr. James Hamilton, advocat, sone to the Bischop of Galloway.
On the 2'd of June 1674 I was nominat on of the advocats for the poor for
the year enshueing.
About the 10 of June 1674 the Earle of Argile was admitted and receaved ane
extraordinar Lord of the Session upon the Kings letter, in place of the
Earle of Tuedale, turned out, as also the said Earle of Argyle got Tuedales
place as one of the Commissioners of the Tresaury.
And my Lord of Atholl at this same tyme got that place of the Thesaury
which was lying vaikand thesse severall years by the deceas of Sir Robert
Moray.
On the 4 of June 1674, in obedience to a new comission for the Secret
Councell, sent doune by the King, the Councell was of new modelled, 6 of
the former members put out, viz. the Earle of Queinsberry, Earle of
Roxbrugh, Earle of ----[632], Earle of Tuedale, the Lord Yester, and
Generall Major Drummond, and 6 new Councelors assumed in their place, viz.
the Earle of Mar, Earle of Kinghorne, ----[624], Lord Rosse, my Lord
Colinton, and my Lord Craigie.
[624] Blank in MS.
On the 3 of July 1674 the Lords of Session deprived about 49 advocats who
partly adhæred to Sir G. Lockhart and Sir J. Cunyghame, who ware declared
uncapable, conforme to the Kings letter on the 24 of June preceeding, and
partly refused to officiat under the tyes and obligations contained in his
Majesties letter anent appealls, and the Lords of Session their sentences,
that none charge them of injustice.
On the 7 of July 1674 died Mr. James Rosse, advocat.
In October 1674 died Sir Robert Preston of that Ilk, on of the Lords of
Session.
And in the midle of November 1674 James Foulls, Advocat, younger of
Colinton, by the name of Lord Reidfuird, was admitted and receaved a Lord
in his place, in obedience to his Majesties letter, and was the first who
was tryed in the new manner prescribed by his Majesty in July last.
In June 1675 died Collonell Sir William Lockhart of Lee at Paris, wheir he
lay embassador for his Majesty of Great Brittain, and so the Justice
Clerkship waiked, which was immediatly bestowed and conferred on my Lord
Craigie, but his gift bears _ad bene placitum_ only.
In his place as on of the criminall lords succeided my Lord Glendoick.
And at the same tyme my Lord Newbayth, by a letter from his Majesty, being
eased and dispossest of his place in the Criminall Court, the same was
given to my Lord Forret, so that his entrie both heir and on the Session is
not so cleanly.
The Earle of Atholl having at his being chosen Privy Seall oblidged
himselfe to dimit the office of Justice Generall when his Majesty saw cause
to dispose of it, now in June 1675 the Earle of Murray is created Justice
Generall.
In July 1675 died Mr. Robert Winrahame, advocat.
On the 5 of August 1675 Sir Androw Ramsay, Lord Abbotshall, was, upon his
Majesties letter, readmitted and sworne upon the Privy Councell, which and
his other offices he had dimitted to my Lord Commissioner under trust on
the 1 of December 1673.
In the end of September 1675 died Mr. Alexander Spotswood of Crumstaine,
advocat, of 2 dayes sicknes. Item, Mr. Patrick Oliphant, of a few dayes
sicknes, about that same tyme.
In the end of November 1675 died James Chalmers, advocat.
In the beginning of Januarie 1676 died James Hamilton, on of the under
clerks of Session, and his place was bestowed on John Hay, wryter, and
criminall clerk depute under Mr. Robert Martin.
On the 8 and 11 of January 1676 all the outed advocats to the number of 35
ware admitted again to their employments, conforme to his Majesties letter
theranent.
In the end of March 1676 died Mr. William Strachan, advocat, and brother to
the Laird of Glenkindy.
On the 16 of June 1676 was Sir Archbald Primerose, Clerk Register, by a
letter from his Majesty, removed from his place of Register and from the
Session, and a patent sent him to be Justice Generall, and the Earle of
Murray gets a pension of 400 lb. Sterling for it, and his place in Session
was instantly supplyed by a letter from his Majestie in behalfe of Sir
David Falconer of Neuton, Advocat; and the office of Register was conferred
theirafter in February 1678 (neir 2 years vacancy) on Sir Thomas Morray,
Lord Glendoick. See it in my remarks then.
On the 24 of June was a letter red from his Majestie, appointing their
should be only 3 principall Clerks of Session, and that the Lords remove
the rest, appointing them some satisfaction from thesse who stayed in.
Heirupon the Lords voted Messrs. Alexander Gibsone, Thomas Hay, and John
Hay to be the 3 who should only officiat (See the manuscript[625] at
November 1682, page 73), and removed Sir John Gibsone, but prejudice of the
contract betuixt him and his sone of 100 lb. sterling yeirly, Alexander
Monro and Robert Hamilton, and modified them 7000 merks from the other 2,
which Comissar Monro refused unles they gave him a reason of their
depriving him, which was refused till he raised his declarator if he had a
mind to doe it. He within a 4'tnight after accepted it. The letter also
commanded the Advocats consulting togither.
[625] Interlined.
On the 28 of June 1676 was a letter from his Majesty red in the Thresaury
commanding Sir John Nisbet his Advocat to call for Sir George M'cKeinzie in
the concernes of his office, and act by his advice, and establist 100 lb.
Sterling of pension upon him for the same. See the other Manuscript of
Session Occurrents, page 13 and 42.
On the last of June 1676 Mr. John Eleis and Mr. Walter Pringle ware
suspended from being Advocats by the Lords, because they shifted to depone
_super inquirendis_ if their was any combination amongs the late restored
advocats not to consult with thosse who stayed in. See the Sentence _apud
me_.
On the 8 of July 1676 was Mr. John Eleis readmitted because he complyed
with the Lords and deponed. W. Pringle readmitted in June 1677.
On the 20 of July 1676 a new Commission of Secret Councell from his Majesty
was red, wheirin six of the former Councelors ware left out and discarded,
viz. the Duc of Hamilton, Earles of Dumfreis, Morton, and Kincairden, the
Lord Cochrane and Sir Archibald Primrose, late Lord Register.
In the beginning of June 1676 died Mr. James Aikenhead, on of the comisars
of Edinburgh; and in the end of Jully Mr. James Dalrymple was presented by
the Archbischop of St. Andrewes in his place who had got the right of
presenting all the comisars of Edinburgh during the vacancy of that
diocesse in _anno_ 1671, only his gift was caution'd that he sould confer
them gratis, and on qualified persones.
On the 19 of August 1676 died Mr. Laurence Charteris, Advocat, and on of
the Shireff deputes of Edenborough shire, in which office succeided to him
by the gift of deputation from my Lord Halton immediatly Mr. Thomas Skein,
brother to Halzeards, in West Lothian, and afterwards admitted ane Advocat.
On the last of October 1676 died Mr. John Bailzie, advocat.
On the 13 of November 1676 Sir Archibald Primrois, late Register, took his
place in the Criminall Court as Lord Justice Generall, and gave his oath
_de fideli_. See more of it, _alibi_, page 144.
See the continuations of the changes and alterations and remarkable
emergents of and in the Session in another paper book besyde me that
opens by the lenth.
(4)
OBSERVATIONS ON PUBLIC AFFAIRS, 1669-1670[626]
[626] From MS. II.
[In anno 1669 died the Q. mother of England. In anno 1670 died madame our
K's sister mons'r the Duc of Orleans his Ladie she having bein in England
but a litle while before. On the 24 of October 1670 was the church of the
Blackfriars in Glasgow touched with lightning of thunder about seven a
cloak of the morning, and having brok throu the roof it catcht hold upon
its jests and had undoubtedly brunt the church to ashes had it not bein
extiuguished in tyme. They say it brook also on their great church at the
head of the toun.
What follows in thir 9 leives is copied and enlarged alibi.
In anno 1667 the French make ane invasion upon the Spanish Netherlands, and
after he had ransact the country and made himselfe master of divers
tounes][627] as Doway, Lisle, Tournay, etc., a peace was at last concluded
in May 1668, wheirof the articles ware, 1'o to be perpetuall. 2'do so soon
as the peace is published all hostility most cease. 3'do the French to keip
the couquiest of the late campaigne. 4'to that he hold them with their
dependances in soverainetie and the Spaniard to yeald them to him for ever.
5'to that the French King restore la France conté. 6'to the Spaniard most
restore all places tane by him in the war. 7'o that all princes authorize
the treatie and that nothing be retracted of the traitty of the Pyrenees
save what is disposed on by this: To be mutually interchanged, ratified,
and sworne by oath.
[627] The first page, as above, within brackets, is scored out in MS.
Upon the 27 of September 1669 was Candie toune (being the losse of the
wholle Ile to the Venetians) surrendred to the Turks after a long seige
wheir the French got a great overthrow, and their Admirall the Duc de
Beaufort was killed with many other persons of note: and wheir Monsieur
Annand our Master Annands brother behaved himselfe most gallantly, and
since hes bein so hylie complemented for that his service by the Venetian
senat that I beleive never was any stranger more. He is admitted unto all
their counsels and sits upon their Ducks right hand: the Englishs ware so
affrontedly impudent as in their new books first to cal him ane Englishman,
and being challenged for that they designed him after a subject of his Maj.
of Great Brittain, so loath are they to give us our due praise.
In anno 1670 was ane insurrection of the paisants of the country of
Vivarets in Daulphinée in France, upon the occasion of some extraordinarie
tax cruelly exacted. They ware soon dissipat. Their is presently, in
October 1670, a fellow called Ratzin[628] who hes taken up armes in Mosco
agt the Emperor, and hes got of followers neir 100,000 men: he was a
gunner, had a brother, who, being put to death for some crime, he in
revenge of his brothers death hes made this commotion craving nothing lesse
but that thesse who ware the cause of his brother's death (now they are the
greatest men about the Ducks persone) may be delivered up to him.
[628] Rebellion of Stenka Razin against the Tsar Alexis.
It is apprehended by the wiser sort that this Union[629] is mainly set on
foot by his Majestie, and so much coveted after by him, that he may rid
himselfe of the house of Commons who have lyen verie heavy upon his loines
and the loins of his predecessors Kings of England and especially of his
brave father, and who have ever most crossed ther great designes. Now it
being proposed that their should be but on parliament for all Britain, it
will follow that the house of commons constitut no more a house apart, but
that its members sit togither with the Lords in the house of peers: and for
the better effectuating this great point, I hear his Majesty caresses and
complements thesse of the house of commons a great deall more then ever he
was in use to do, and that he converses most familiarly with them, seikes
their company, and that they get accesse when many great persons cannot.
But this is not all, such of them as seimed most active and concerned in
pressing the priviledges and liberties of that house and of the commonalty
of England, his majesty within this short tyme hes nobilitat them, and by
this hes both engadged them to his oune party, and by setting them in a
hyer sphoere weakned the house of commons.
[629] Charles II. having renewed the proposal for the union of the
kingdoms, Commissioners were appointed for England and Scotland,
and sat in London for some months in the autumn of 1670.
I confesse the King hes reason to wrest this excessive power out of the
commons their hand it being a unspeakable impairment of his soverainetie,
but I fear it prosper not. I hear the Earle of Strafford, who was Deputie
of Ireland, was at first but a mean gentleman yet a member of the house of
commons, and on of the most stirring amongst them, which K. Charles
perceiving he created him a nobleman and by that so endeared him to his
intrest that we know he suffered for it.
In the middle of 1669 came his majesties letter to the secret counsell for
indulging some of the outed ministers libertie to return to their oune
kirks if vacant, or to preach at any other vacant churches the S. counsell
should think fit to place them, and that they should not be answerable to
the Bischop of the diocese where they ware, but to the counsell. Then in
the Parl. 1669 was the King's supremacie in a very hy straine established.
This procedure startled all our Bischops extreimly, yet all of them ware so
cunning and such tyme servers as they seimed to applaud it, only Mr. Alex'r
Burnet, Arch B. of Glascow, and the Dean theirof, with some others more
ingenuous then the rest, pens a remonstrance (which also they put their
hands to) to be presented to the King, showing his majesty whow that course
he had tane for uniting distractcd parties and healing our breaches would
prove unsuccesfull, yea was to be feared would produce the just contrare
effect, vid., more dissentions, etc.
Upon this occasion he[630] gets a passe, and if he refused to dimit
voluntarlie then their is a warrand from his Majesty for processing him
criminally: upon that and other heads, he ather judging it not safe to
contend with his m'r, or else not daring bid[631] the touch, dimits in his
Majesties hands and _ex gratia_ his Maj. grants him a pension out of the
fruits of that benefice of 5000 mks. per annum for all the dayes of his
lifetyme.
[630] _i.e._ the Archbishop.
[631] _i.e._ to abide.
Then Lighton, Bischop of Dunblaine, was presented to it, who, after much
nicety, and a journey to London, at last condeschended to take a tryall of
it for a tyme under the name of Commendator Superintendent over the
spirituality of that Bischoprick or some such like name, who took much
paines to take up the differences betuixt the conformists and non-
conformists, and to that purpose, in my Lord commissioners Audience in
August 1670, ware then sundrie freindly conferences betuixt himselfe and
some others adjoined to himself and some of the non-conformist ministers,
upon which nothing then followed. He also in September 1670 took some
moderat men, as Mr. Nairne, Mr. Cook, and others along wt him to his
diocesse, by them to allure the people to frequent their oune parish
churches, but he found them so exasperat wt the loud and scandalous cariage
of the ministry that was planted amongs them on the removall of their
former, that his great paines had not answerable successe.
In anno 1668 was Honieman B. of Orkney shot in the arme, being sitting in
the coach wt Arch. B. Sharp, for whom, it was thought, the pistoll was
levelled. Some sayd it behoved to be some great hater of the Bischops,
others said it might be out of privat splen and not for the privat quarrell
of Religion; others said he was but suborned to do it by the Bychops
themselves, that they might lay the blame on the Presbyterians, and draw
the greater odium on them, and stoop the favor that was intended them of
opening some of their ministers mouths; and the truth is, it did retard
that better almost a year.
In anno 1670, about July theirof, Mr. John Meinzeis, brother to the Laird
of Culteraws, and minister at[632] in Annandale, left his church and
emitted a declaration bearing what stings he suffared in his conscience for
conforming with the present church governement, which he fand to be a
fertile soyle for profanity and errors of all kinds, and theirfor he gives
all to whom thir presents may come to know that he disapproves of the said
governement and of his bypast complyance, and that in tyme coming he will
forsake the ministrie, since he cannot exercise it unlesse he wound his
soull farder by that sinfull compliance. The Bisc. ware verie pressing to
have had him punisht, but his friends got him borne by.
[632] Blank in MS.