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
Another instance of the vigorous action of the Lords in the maintenance
of their dignity occurred in December 1701. A gentleman, named Cannon of
Headmark, having some litigation with the Viscount Stair and Sir James
Dalrymple, his brother Alexander, an agent before the court, used some
indiscreet expressions regarding the judges in a paper drawn up by him.
Being called before the Lords, and having acknowledged the authorship of
the paper, he was sent to prison for a month, ordered then to crave
pardon of the court on his knees, and thereafter to be for ever debarred
from carrying on business as an agent.[351]
Some letters regarding a lawsuit of William Foulis of Woodhall in
1735–37, which have been printed,[352] shew that it was even then still
customary to use influence with the Lords in favour of parties, and the
female connections appear as taking a large share in the business. One
sentence is sufficient to reveal the whole system. ‘By Lord St Clair’s
advice, Mrs Kinloch is to wait on Lady Cairnie to-morrow, to cause her
to ask the favour of Lady St Clair to solicit Lady Betty Elphinston and
Lady Dun’—the former being the wife of Lord Coupar, and the [Sidenote:
1704.] latter of Lord Dun, two of the judges. Lord St Clair’s hint to
Mrs Kinloch to get her friend to speak to his own wife—he thus keeping
clear of the affair himself—is a significant particular. Lord Dun, who
wrote a moral volume, entitled _Advices_,[353] and was distinguished for
his piety, is spoken of by tradition as such a lawyer as might well be
open to any force that was brought to bear upon him. The present Sir
George Sinclair heard Mr Thomas Coutts relate that, when a difficult
case came before the court, where Lord Dun acted alone as ‘ordinary,’ he
was heard to say: ‘Eh, Lord, what am I to do? Eh, sirs, I wiss ye wad
mak it up.’
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