Domestic annals of Scotland : $b from the revolution to the rebellion of 1745Chambers, Robert
History
Domestic annals of Scotland : $b from the revolution to the rebellion of 1745
Chambers, Robert
Scotland -- History -- 1689-1745
Throughout this year, there were protracted legal proceedings before the
Privy Council, between Blair of Balthayock, in Perthshire, and Carnegie
of Finhaven, in Forfarshire, in consequence of the latter having brought
on a marriage between his daughter and a young minor, his pupil, Blair
of Kinfauns, the relative of Balthayock. The affair ended in a
condemnation of Finhaven and a fine of one hundred and fifty pounds, to
be paid to Balthayock for his expenses in the action.
On the 20th September 1703, by which time Balthayock was dead, Finhaven
presented a petition to the Privy Council, setting forth that he had not
submitted to the sentence, but placed the sum of the fine in
consignment, and thereupon was liberated. Balthayock had never called
for the suspension; her majesty’s late gracious indemnity had discharged
the fine, ‘the cause of which,’ he alleged, ‘was natural and ordinary,
and the marriage every way suitable.’ There might be demur to the last
[Sidenote: 1697.] particular, as young Kinfauns, when led into the
marriage with Carnegie’s daughter, was only a boy. Nevertheless, the
Council now ordained the money to be rendered back to the
petitioner.[220]
[Sidenote: 1698. JAN. 27.]
The Court of Session had before it a remarkable case, involving matters
of the highest delicacy, regarding two prominent members of society.
David Lord Cardross—son of the Lord Cardross whose piety had exposed him
to sufferings all but the highest in the late reigns—was married in
February 1697 to the daughter of Henry Fairfax of Hurst, in Berkshire,
an heiress of ten thousand pounds. They were the grand-parents of the
Chancellor Lord Erskine. He had been helped in the obtaining of this
match by Sir John Cochrane, another eminent sufferer in the late times
of trial. To secure his best services as _proxenata_, or, as it is
called in Scotland, _black-foot_, Lord Cardross had given Sir John a
bond, securing him a thousand pounds, if he should be able to effect the
marriage. When the marriage was completed, Cochrane applied for the
promised sum, but was met with the assertion that no money was fairly
due, as the lady’s hand had been obtained without his assistance. He
sued Lord Cardross first in Westminster Hall, where the bond was
declared void by the Lord Chancellor, as granted _ob turpem causam_, and
now in the Court of Session for similar reasons, much to the enjoyment
of all the lovers of gossip. Sir John, probably seeing public sentiment
to be against him, gave up his claim to the whole £1000 as a reward for
his services, and restricted it to £600, as required to repay him for
expenses he had incurred in Lord Cardross’s lovesuit. Even this was
denied to him, unless he could ‘condescend’ upon an account of special
outlays in Lord Cardross’s behalf. We do not hear of his doing anything
in consequence of this award, and it is to be suspected that he lost
some character by the transaction, as well as legal expenses, and got
nothing in return.[221]
Public-domain text, read in full here on John Shaqi.
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