A Scots judge in those times had not seldom a plurality of offices: thus
the first Earl of Haddington was both President of the Court of Session
and Secretary of State. He played many parts in his time, and he played
them all well, for Tam o’ the Coogate was nothing if not acute. There
are various stories of this old-time statesman. This shows forth the man
and the age. A highland chief was at law, and had led his men into the
witness-box just as he would have led them to the tented field. The Lord
President had taken one of them in hand, and sternly kept him to the
point, and so wrung the facts out of him. When Donald escaped he was
asked by his fellow-clansman whose turn was to follow, how he had done?
With every mark of sincere contrition and remorse, Donald groaned out,
that he was afraid he had spoken the truth, and “Oh,” he said, “beware
of the man with the partridge eye!” How the phrase brings the old judge,
alert, keen, searching, before us! By the time of the Restoration things
were more specialised, and the lawyers of the day could give more
attention to their own subject. They were very talented, quite
unscrupulous, terribly cruel; Court of Justice and Privy Council alike
are as the house of death. We shudder rather than laugh at the
anecdotes. Warriston, Dirleton, Mackenzie, Lockhart, the great Stair
himself, were remarkable men who at once attract and repel. Nisbet of
Dirleton, like Lauder of Fountainhall, took his title from East
Lothian—in both cases so tenacious is the legal grip, the properties
are still in their families—and Dirleton’s _Doubts_ are still better
known, and are less read, if that be possible, than Fountainhall’s
_Decisions_. You can even to-day look on Dirleton’s big house on the
south side of the Canongate, and Dirleton, if not “the pleasantest
dwelling in Scotland,” is a very delightful place, and within easy reach
of the capital. But the original Nisbet was, I fear, a worse rascal than
any of his fellows, a treacherous, greedy knave. You might bribe his
predecessor to spare blood, it was said, “but Nisbet was always so sore
afraid of losing his own great estate, he could never in his own opinion
be officious enough to serve his cruel masters.” Here is _the_ Nisbet
story. In July 1668, Mitchell shot at Archbishop Sharp in the High
Street, but, missing him, wounded Honeyman, Bishop of Orkney, who sat in
the coach beside him. With an almost humorous cynicism some one
remarked, it is only a bishop, and the crowd immediately discovered a
complete lack of interest in the matter and in the track of the would-be
assassin. Not so the Privy Council, which proceeded to a searching
inquiry in the course whereof one Gray was examined, but for some time
to little purpose. Nisbet as Lord Advocate took an active part, and
bethought him of a trick worthy of a private inquiry agent. He pretended
to admire a ring on the man’s finger, and asked to look at it; the
prisoner was only too pleased.
Public-domain text, read in full here on John Shaqi.
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