[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. Inanno1664, 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 advocatper saltumupon 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 rathercommittendo 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 HildebrandaliasGregory 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 Parliamentin Anno1609 (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 entredcum 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 PrivySeall, 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.
Theirs no expression so innocent wheirupon malice will not fasten its 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 itsjusto Dei judiciocasten 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 seealibi. 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, 222sqq.) 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 PrivySeall 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 theprimum 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, JusticeClerk.
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, andMr. 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 ofSession.
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 helay embassador for his Majesty of Great Brittain, and so the JusticeClerkship waiked, which was immediatly bestowed and conferred on my LordCraigie, but his gift bearsad bene placitumonly.
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 deponesuper inquirendisif their was any combination amongs the late restored advocats not to consult with thosse who stayed in. See the Sentenceapud 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 inanno1671, 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 oathde 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)
[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 andex gratiahis 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.
In that same year 1670 was that monster of men and reproach of mankind (for otherwayes I cannot stile him), Major Weir, for most horrible witchcraft, Incest, Bestiality, and other enorme crymes, at first confest by himselfe (his conscience being awakned by the terrors of the Almightie), but afterwards faintly denied by him, brunt. So sad a spectacle he was of humane frailty that I think no history can parallell the like. We saw him the fornoon before he died, but he could be drawen to no sense of a mercifull God, yea sometimes would he scarse confesse their was a God, so horribly was he lost to himselfe. The thing that aggravated his guilt most was the pretext and show of godlinesse wt which he had even to that tyme deceived the world. His sister also was but a very lamentable object, for she ran on the other extreem and præsumed exceidingly on the mercy of God, wheiras their ware no great evidences in hir of soull contrition. She was hanged.
They say their is some difference fallen in betuen my Lo. Lauderdale and my Lo. Argyle about some desire my Lo. Lauderdale had in relation to the Lady Balcarras, now Lady Argile, which Argile relished not, and said, I think your grace would take the ward of my marriage. He answered, I may weill have that, for I once had the waird of your head, which was true in anno 1663, when the sentence of death and forfaultor was past on him as a traitor.
In anno 1669 did his majesty in his Royall wisdome compose the differences betuixt the tua houses of parlia. in Engl., which ware likely to have occasioned great strife, it being anent their priviledges and liberties alledged brook[633] in the case of on Master Skinner, a member of the house of commons. His majesties course was that all memorie of discord betuen his 2 houses that might be found on record should be totallie abolished and expunged both out of the Registers of Parl., Exchequer, Counsell, and out of all other monuments, that the ages to come may not so much as know their was any variance betuixt them. On the 28 of September 1670 was Colonell Lockhart admitted a secret Counseller, and they say that Lambert is also made a Counsellor in England.
[633]i.e.broken.
The King in 1670 craving of his parliament a subsidie for defraying his debt, they proposed that ere any new tax could be granted account should be made of the former subsidies, whow the same ware employed by Mr. Cotteridge and others, whom the King made use of to that purposc. Sure this was very grieveous to the King to sie himselfe so controlled in his expence, and that he could give no gratuity to my Ladie Castlemain (now Dutchesse of Cleveland, etc.) but that which they behoved to get notice of, behold the stratagem he makes use of. The Presbyterians at that tyme, hearing of the Indulgence given to some ministers in Scotland, they offer to the King to pay all his debt, and advance him a considerable soume besyde, provydeing the same liberty be granted them. At the nixt sitting doune of parl. his mai. in a speach showed them whow harshly and uncivilly they had dealt with him, and, after much plain language, he told them if they would not grant his reasonable demands he know them that would do it. After they had come to know his majesties meaning by this,[634] who ware more forward then they, they passe fra craving any account of the former, they grant him a new subsidy of a million, they consent their should be a treaty wt Scotland anent ane union; yet onlie the dint of their fury falls on the Presbyterians, and they enact very strict statutes against them and against conventicles, because they had been the pin by which his mai. had scrued them up to that willingnesse. So we sie its usefull sometymes (as Matchiavell teaches) for a prince to entertaine and foment tua factions in his state, and whiles to boast the one with the other.
[634] His majesties meaning by this,i.e.'what H.M. meant by this imtimation.' As soon as they understood that, 'Who were more forward than they?'
In October 1667 did at last break out that inveterat hatred of the wholle people of England against Chancellor Hide, and he is arraigned as guilty of hy treason by the house of commons, who pressed strongly that his persone might be secured till such tyme they had verified the crimes they attached him of. This motion the house of peers wt indignation rejected as derogatorie of their priviledges, he being a member of their house. While the 2 houses are thus contending he judges it safest for him to retire till this storme blow over, and this was also thought to have bein the King's advice to him, who was very sorrie at their procedor, thinking it a bad precedent for the house of commons to medle with persones so eminently neir to himselfe; yet in the breach he durst not stand but was forced to give them way, so much was Hyde hated in England, so that his Maj., rather then he will in the least endanger the disturbance of his oune peace and quiet, resolves now to quite his dearest minions and expose them to the malice of their ilwillers and haters then stand stoutly to their defence, and so make himselfe party against his people. So Hide makes his escape to France, leiving behind him a declaration wherin he refutes all the crimes they lay to his charge, as his being the author of the marriage of the King wt the Portugues, knowing she would be barren, and that his daughter's posterity might so reigne: item his being the occasion of the selling of Dunkerk to the French king, wheiras if it had bein in the English their possession in the year 1665, in their war betuixt them and Holland, they could have annoyed the States considerably theirby. But the truth is the Queen mother of England was wery instrumentall in that bargaine: item his being the active cause of the war betuixt England and Holland, of which he purges himselfe so largely that I think no man can scarse judge him any way accessor theirto.
That war (wt pardon) was hardly weill manadged on the English syde, and they committed errors most unpardonable in good policie: as first in that battell that was given on the 17 June 1665, wheir Admirall Obdan and his ship ware blowen up, being fired (as was supposed) by the English bullets levelled at it, they contented themselves with the simple wictorie and honor of commanding the seas, wheiras if they had followed forth their victorie and had got betuixt the Holland their shattered fleet and the coast of Holland and Zealand, it was thought by the most judicious men that that on battell might have put ane end to the war and have produced most advantagious conditions for the English: but they verified the knowen saying,vincere scit Hannibal sed õ victoriâ uti. Their pretence indeid was that they would not pousse their victory farder by hazarding what they had already won, because the appearand air of the croun, the Duc of York, was present in person. But whow weak this is let any man judge, unles they mean that by intercepting the Dutch their way home they might have made them desperat and so fight like Devils, and that it hes ever bein a good maxime to make a fleing ennemy a bridge of gold. Whowever the Dutch concluded that they would have no mo Admirals that ware gentlemen (for Obdam was so) because they never fought fortunatly with their ennemies when they had such. But certainly this is nought but a fiction made by a commonwealth to cast a blur upon nobility, seing thir same very states have fought most couragiously and advantagiously under the conduct of the Princes of Orange.
Upon his death De Ruyter was chosen admirall, and van Tromp the younger, upon a suspicion of being to affectionat to the intrest of the King of Britain, was disgraced. The nixt (but rather should have bein made the first) was his Mai:s bad choyse of a false chirking willain, Mr. Douning,[635] to be his agent to negotiat affaires at the States Generall in the beginning of that war, who steid of composing things rancored them worse and made them almost uncurable, judging it good fisching in troubled waters, wheiras if a moderat and ane honest man had bein made use of in that business, things would never have come to the height they were at, since the offers of reparation then made by the Dutch to his Majesty ware by all indifferent spectators judged most fair and reasonable. The 3^d is that in the engadgement the following summer, 1666, the King's intelligence should have bein so bad as to have apprehended at that tyme the joining of the French fleet wt the Hollander (wheiras their was no such thing, but it was of purpose done to divide his majesties fleet), and theiron ordering Prince Rupert with his squade away to attend their uniting; and in his absence the Dutch taking the advantage, provocked the Duck of Albemarle (who was a better land sojer then a sea, and who died in 1669) with sixtein ships to fight their wholle fleit, who more hardily then wisely encountering them, had undoubtedly bein totally routed and defeat had not Prince Rupert upon notice come up and releived them. By which conflict it at last appeared that it was possible for the English to be beat by the Hollander, which was never beleived before that.
[635] Sir George Downing, 1623(?), 1684, long Resident at the Hague under the Commonwealth and Charles II. SeeNat. Dict. Biog.
The nixt error they committed was that the following summer, 1667, the King (for sparing of charges forsooth) was advysed not to set to sea that year, but to let his fleit lay up in the harbors, which gave cause to that mighty affront (then which since England was England it never received the like) given them at Chattan, and wheir the Scots regiment, brought over from France by the King's order, making braver resistance then all England beside, ware many of them slain, dying in the bed of honour. As for the Scots proclaiming war against France, and as for the more naturall way tane by our King in proclaiming the war then tane by France, I shall elsewheir speak more at large.