In the course of the year 1682, the jealousy aroused by Claverhouse’s
appointment as Sheriff-Principal of Wigtownshire, and by the special
power bestowed upon him to hold criminal courts, culminated in an open
quarrel between him and the family of Stair, of which the head was Sir
James Dalrymple, who, but a short time previously, had fallen into
disgrace, and had been virtually deposed from his office of President of
the Court of Session, for not conforming with the Test Act. According to
the summary given of the case by Fountainhall, who was one of the
counsel for the Stair family, Captain Graham of Claverhouse having
imprisoned some of the Dalrymples’ tenants in Galloway for absenting
themselves from the parish church and attending conventicles, Sir John,
the ex-president’s son, took up the matter, and presented a bill of
suspension to the Privy Council, alleging that he, as heritable Bailie
of the Regality of Glenluce, within which the peasants lived, had
already taken cognizance of their case; and that Claverhouse, not being
the first attacher, was precluded by the limitations and restrictions of
his commission, from taking action in the matter, and had no claim to
the ‘casualities and emoluments of the fine.’
Claverhouse replied that it was he who had first cited the offenders,
and that Sir John’s action was collusive. When the matter was first
brought before the Privy Council, it was ordained that the imprisoned
tenants should be set at liberty, after consigning their fines, which
Fountainhall denounces as ‘most exorbitant,’ into the hands of the
clerk. The point of jurisdiction was reserved; but in the meantime, the
Council administered a reprimand to the Dalrymples, and told them in
very plain terms, that ‘heritable Bailies and Sheriffs who were
negligent themselves in putting the laws in execution, should not offer
to compete with the Sheriffs commissioned and put in by the Council, who
executed vigorously the King’s law.’
Public-domain text, read in full here on John Shaqi.
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