It will be surprising to many to learn that the idea of having ‘friends’ to a cause on the bench was not entirely extinct in a reign which people in middle life can well recollect. The amiable Charles Duke of Queensberry, who had been the patron of Gay, was also the friend of James Burnett of Monboddo, and had exacted a promise that Burnett should be the next person raised to the bench. ‘On Lord Milton’s death (1767), the duke waited on his majesty, and reminded him of his promise, which was at once admitted, and orders were immediately given to the secretary of state [Conway] to make out the royal letter. The lady of the secretary was nearly allied to the family of Hamilton, and being most naturally solicitous about the vote which Mr Burnett might give in the great cause of which he had taken so much charge as a counsel, she and the Duchess of Hamilton and Argyle were supposed to have induced their brother-in-law, Mr Secretary Conway, to withhold for many weeks the letter of appointment, and is even supposed to have represented Mr Burnett’s character in such unfavourable colours to the Lord Chancellor Henley, that his lordship is reported to have jocosely declared, that if she could prove her allegations against that gentleman, instead of making him a judge, he would _hang_ him. This delay gave rise to much idle conjecture and conversation in Edinburgh, and it was confidently reported that Mr Burnett’s appointment would not take place till after the decision of the Douglas cause. Irritated by these insinuations against his integrity, he wrote to the Duke of Queensberry, declaring that if his integrity as a judge could be questioned in this cause, he should positively refuse to be trusted with any other; and so highly did he resent the opposition made by the secretary to his promotion, that he took measures for [Sidenote: 1704.] canvassing his native county, in order to oppose in parliament a ministry who had so grossly affronted him. The Duke of Queensberry, equally indignant at the delay, requested an audience of his majesty, and tendered a surrender of his commission as justice-general of Scotland, if the royal promise was not fulfilled. In a few days the letter was despatched, and Lord Monboddo took his seat in the court.’[354] [Sidenote: FEB. 2.] Under the excitement created by the news of a Jacobite plot, the zealous Presbyterians of Dumfriesshire rose to wreak out their long pent-up feelings against the Catholic gentry of their district. Having fallen upon sundry houses, and pillaged them of popish books, images, &c., they marched in warlike manner to Dumfries, under the conduct of James Affleck of Adamghame and John M‘Jore of Kirkland, and there made solemn incremation of their spoil at the Cross.